HomeMy WebLinkAboutSeptember 12, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
September 12, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Special Called Work Session on Tuesday, September 12, 2006 at 4:00 p.m. in the
Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Greater Denton Arts Council presentation by North Texas Business for Culture and the
Arts.
2. Receive a report, hold a discussion, and give staff direction regarding the 2006-07 Budget
and the 2006-2011 Capital Improvement Program.
3. Receive a report, hold a discussion and give staff direction regarding the establishment of
an ad hoc advisory committee to make recommendations concerning the City of Denton's
Sesquicentennial Celebration, including the appointment of members of such committee,
a discussion of possible activities and other matters related thereto.
4. Receive a report, hold a discussion and give staff direction on the annexation of land in
the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane
and Old Alton Road legally described as a part of a 5.41 acre tract of land situated in the
J.C. Baker Survey, Abstract 47, Denton County, Texas, which may include without
limitation an approximate 1.9-acre tract owned by Wild Mustang Crossing Ltd. (A 06-
0002, Corinth Substation)
5. Receive a report, hold a discussion and give staff direction on the annexation of land in
the northwestern area of the City of Denton's extraterritorial jurisdiction generally located
at the southwest corner of Hampton Road and Masch Branch Road intersection and
legally described as Lot 2 of the Marriott Garden Addition according to the plat recorded
as document number 97-R0041092 in the Plat Records of Denton County, Texas which
may include without limitation an approximate 28.4215 acre tract owned by JVC Partners
Inc., and land between such property and the current city limits that may be required to
satisfy any requirements of Chapter 43 of the Local Government Code. (A 06-0004,
Marriott Garden Addition)
6. Receive a report, hold a discussion, and give staff direction regarding the amendment of
an Economic Development Program Grant Agreement with Orix Hunt Denton Venture
for the Denton Crossing development.
7. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of September 12, 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.
City of Denton City Council Agenda
September 12, 2006
Page 2
1. CLOSED MEETING:
A. Consultation with Attorney - Under Tex. Gov't Code S551.071.
1. 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. A private caucus on this topic is
specifically authorized by Tex. Loc. Gov't Code 142.113(b), and public
discussion would otherwise conflict with the duties of the City's attorneys
to maintain confidential communications with the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
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 Denton
Police Officers Association, pursuant to Texas Local Government Code
sec. 142.051, et seq. A private caucus on this topic is specifically
authorized by Tex. Loc. Gov't Code 142.063(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.
3. Consultation with the City's attorneys and receipt of legal advice
regarding legal issues related to Mobility Plan amendments, including
threats of litigation by affected property owners.
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.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 12,
2006 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas
at which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B . Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
City of Denton City Council Agenda
September 12, 2006
Page 3
2. PROCLAMATIONS/PRESENTATIONS
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.
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-R). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A-R below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A.
Consider approval of tax refunds for the following property taxes:
Tax
Year
Name
Reason
Amount
2005
2. Nicosia & 77 LP
4. Foutch, Patsy
Duplicate Payment
2005 $ 535.27
B. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of multipurpose paper for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3547 - Annual Contract for Multipurpose Paper awarded to the lowest
responsible bidder, Xpedx, in the in the amount of $2.46 per ream of paper
($24.61/carton) for an annual estimated amount of $39,376).
C. Consider adoption of an ordinance providing for the expenditure of funds for the
emergency purchase of grit hauling and disposal services for the City of Denton
Water Reclamation Plant in accordance with provisions of State Law exempting
such purchases from requirements of competitive bidding; and providing an
effective date (File 3590 - Emergency Purchase of Grit Hauling and Disposal
Services at Water Reclamation Plant awarded to Allied Waste Services in the
estimated amount of $32,000). The Public Utilities Board recommends approval
(5-0). (Addition of $6000 to existing contract due to unanticipated volume.)
D. Consider adoption of an ordinance increasing the general expenditure authority of
the City Manager and his designates to make routine expenditures of budgeted
funds not to exceed $100,000, or such other amount as may be prescribed in a
particular circumstance by a more specific ordinance, resolution, policy directive,
or state law; and providing an effective date.
City of Denton City Council Agenda
September 12, 2006
Page 4
E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager, the City Attorney, and the Risk Manager to settle claims not to
exceed $100,000; and providing an effective date. The Audit/Finance Committee
recommends approval (3-0).
F. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of 2352 68-gallon size
recycling carts for the Solid Waste Division by way of an Interlocal Agreement
with the City of Denton; and providing an effective date (File 3556 - Interlocal
Agreement for the Purchase of Recycling Carts for Solid Waste Department
awarded to OTTO Environmental Systems, LLC in the amount of $120,498). The
Public Utilities Board recommends approval (5-0).
G. Consider adoption of an ordinance authorizing the City Manager to accept an
Interlocal Agreement with the City of Fort Worth, Texas to authorize participation
in various City of Fort Worth contracts for the purchase of various goods and
services; authorizing the expenditure of funds therefor; and declaring an effective
date (File 3589 - Interlocal Agreement with the City of Fort Worth, Texas).
H. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Agreement with Tarrant County and awarding a contract for the
purchase of office supplies; providing for the expenditure of funds therefor; and
providing an effective date (File 3592 - Interlocal Agreement for Office Supplies
with Tarrant County awarded to Corporate Express of Texas in the estimated
amount of $120,000).
I. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order with the Houston-Galveston
Area Council of Governments (H-GAC) for the acquisition of a Ford F350
cab/chassis for the City of Denton Fire Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3596 -
Interlocal Agreement for the purchase of one Ford F350 cab/chassis with H-GAC
awarded to Philpott Ford in the amount of $28,251). (Funding for this purchase
provided through the Texas Domestic Preparedness Assessment Grant program.)
J. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of outgoing U.S. Mail Service; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3541 - Annual
Contract for Mailing Service awarded to S & M Mail in an annual estimated
amount of $60,000). The Public Utilities Board recommends approval (5-0).
K. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the rental of heavy equipment for various City departments; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3546 -
Rental of Heavy Equipment awarded to the lowest responsible bidder meeting
specification for each item in the annual estimated amount of $750,000).
City of Denton City Council Agenda
September 12, 2006
Page 5
L. Consider adoption of an ordinance of the City Council of the City of Denton,
approving guidelines for operation of the City of Denton Home Improvement
Program and eligibility criteria; authorizing expenditures in excess of $25,000 for
projects meeting program guidelines and criteria; and providing for an effective
date.
M. Consider adoption of an ordinance abandoning and vacating a 0.60 acre sanitary
sewer easement from Foxworth-Galbraith Lumber Company to City of Denton
recorded in Volume 501 Page 273, Deed Records of Denton County, Texas, and a
1.12 acre sanitary sewer easement from Dimension - Unicorn Lake Associates,
Ltd. to City of Denton recorded in Volume 1744 Page 758, Real Property Records
of Denton County, Texas, in the M.E.P. & P.R.R. Survey, Abstract No. 950; and
declaring an effective date. The Public Utilities Board recommends approval
( 5-0).
N. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to pay the City's annual dues to the American Public Power
Association in the amount of $26,421.18; authorizing the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board recommends
approval (5-0).
o. Consider approval of the minutes of:
July 25, 2006
August 1, 2006
August 2, 2006
August 7, 2006
P. Consider approval of a resolution of the City Council of the City of Denton,
Texas, amending resolution No. R2005-053 and endorsing the "Joint
Recommendation for Regional Rail in North Central Texas" as approved by the
Boards of Dallas Area Rapid Transit (DART), Denton County Transportation
Authority (DCTA) and the Fort Worth Transportation Authority (The T) that
supports the concept of local option funding of public transit in the region by
exempting an amount equal to the locally authorized transit sales tax from the 2%
local sales tax cap; and declaring an effective date. (The Chair of the Mobility
Committee recommends approval.)
Q. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a grant agreement for $142,889 from the Texas
Department of Housing and Community Affairs Emergency Shelter Grant
Program and take all other actions necessary; and providing for an effective date.
R. Consider approval of a resolution appointing members to the Board of Directors
of the North Texas Higher Education Authority; and declaring an effective date.
City of Denton City Council Agenda
September 12, 2006
Page 6
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance providing for an
amendment to the Denton Mobility Plan. There are 17 proposed changes.
(CA06-0004) The Planning and Zoning Commission recommends approval (6-0).
The Mobility Committee recommends approval (3-0).
B. Hold a public hearing and consider adoption of an ordinance regarding a 4.0-acre
tract of land on the southwest corner of University Drive and Old North Road
intersection. The items under consideration are:
1. Comprehensive Plan Amendment for approximately 4 acres of land from
"Existing Neighborhoods/ Infill Compatibility" land use designation to
"Community Mixed Use Centers" land use designation. The property is
located at the southwest corner of the intersection of University Drive and
Old North Road and is zoned Neighborhood Residential Mixed Use
(NRMU) zoning district. (CA06-0007) The Planning and Zoning
Commission recommends approval (5-0).
2. Rezoning of approximately 4 acres of land from a Neighborhood
Residential Mixed Use (NRMU) zoning district to a Community Mixed
Use General (CM-G) zoning district. The property is located on the
southwest corner of the intersection of University Drive and Old North
Road. (206-0012) The Planning and Zoning Commission recommends
approval (5-0).
C. Hold a public hearing and consider adoption of an ordinance amending
Subchapters 7 and 23 of the Denton Development Code relating to infill and
redevelopment regulations. (DCA 05-0005) The Planning and Zoning
Commission recommends approval (7-0).
D. Hold a public hearing and consider adoption of an ordinance concerning
amendments to the Denton Development Code regarding the processing and
notice requirements for Alternative Development Plans (ADP's) and Alternative
Environmentally Sensitive Area Plans and review standards. (DCA06-00013) The
Planning and Zoning Commission recommends approval (7-0).
E. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, denying the rate increase proposed by the Atmos Energy
Corporation, Mid- Tex Division; requiring the reimbursement of municipal rate
case expenses; finding that the meeting complies with the Open Meetings Act;
making other findings and provisions related to the subject; and declaring an
effective date.
F. Hold a public hearing on a proposal to adopt a tax rate of .62652 per $100
valuation, which will exceed the lower of the rollback rate or the effective tax
rate.
G. Hold a public hearing and receive citizen input on the 2006-07 proposed budget.
City of Denton City Council Agenda
September 12, 2006
Page 7
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of the City Council of the City of Denton,
Texas announcing that it will vote on a tax rate at its regularly scheduled meeting
of September 26, 2006; providing for publication of notice of such vote on the tax
rate; and providing an effective date.
B. Consider adoption of an ordinance providing for the expenditure of funds for
paramedic training and certification for the staff of Fire Station 7 through North
Central Texas College; and providing an effective date (File 3598 in an amount
not to exceed $35,400)
C. Consider a request for an exception to the Noise Ordinance for amplified sound
on Sunday, September 17, 2006, for the Texas Bicycle Racing Association event
hosted by the Greater Denton Sports Commission. The event will be held from
12:00 noon until 7:00 p.m. and will cover several of the downtown streets. Public
address system will be used to make announcements and conduct the races.
D. Consider adoption of an ordinance accepting a proposal and awarding a contract
for a Utility Assistance Program for low-income households; providing for the
expenditure of funds therefor; and providing for an effective date (RFP 3504
Utility Assistance Program awarded to Interfaith Ministries). The Public Utilities
Board recommends approval (6-0).
E. Consider appointing a nominating committee to develop a slate of appointees for
the Economic Development Partnership Board.
F. Consider nominations/appointments to the City's Boards and Commissions.
G. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Donna Woodfork regarding diversity in the City.
B. Bob Clifton regarding City business.
C. Robert Donnelly regarding city business.
H. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
I. 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.
J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
September 12, 2006
Page 8
K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2006-07 Budget and
the 2006-2011 Capital Improvement Program.
BACKGROUND
The 2006-07 Proposed Budget was submitted to City Council on July 31, 2006, and a workshop
to present the details of the budget to City Council was conducted on August 2, and August 15,
2006. This agenda item is being scheduled to allow the City Council to ask any follow-up
questions that you may have regarding the proposed budget. The following describes the
schedule to adopt the budget and tax rate.
September 12
City Council Budget Study
Public Hearing on Budget
1 st Public Hearing on Tax Rate
September 19
City Council Budget Study
2nd Public Hearing on Tax Rate
September 26
City Council Adopts Budget and Tax Rate
Respectfully submitted:
"",. ~:;'r _ ,--
~. . I .
~ "
"~ ,1
~
X"
~ ~
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
Parks and Recreation
CM:
Howard Martin, 349-8232"
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the establishment of an ad
hoc advisory committee to make recommendations concerning the City of Denton's
Sesquicentennial Celebration, including the appointment of members of such committee, a
discussion of possible activities and other matters related thereto.
BACKGROUND
January 10,2007, is the 150th anniversary of the founding of the City of Denton. In recognition
of this event, the Mayor and City Council will appoint an ad hoc committee to provide direction
and citizen input related to the commemoration and celebration of this historic event. The charge
of the committee will be to provide guidance and promote coordination between the City of
Denton, community organizations, citizens and agencies to develop a celebration of the 150th
anniversary of the founding of the City of Denton.
Over the past several months, staff of the Parks and Recreation Department has contacted a
number of community organizations to begin developing a base of support and activities. The
following is a summary of the progress to date, but does not represent the finalized celebration.
The ad hoc committee's guidance and direction will further define the event.
Summary of Pro2ress to Date
During the five weeks in January 2007, each week will have a theme highlighting a specific
aspect of Denton's history. During each themed week information and events will be developed
and presented by a variety of community partners in a number of venues.
Each organization participating in each theme week will identify major historic Denton
milestones, individuals/families, and landmarks that will be a part of an audio/visual presentation
at a public reception on January 30th.
Five themes have been selected and include: History, Business and Commerce, Culture (Arts
and Diversity), Education, and Local Government.
Historv - Week One Confirmed Activities:
Emily Fowler Library
. Kick-off reception on January 2nd hosted at the Emily Fowler Library,
. Historic photos of Denton's milestones,
. 150-year historical calendar to be used as a fundraiser for Friends of the Library,
. Scrapbook of the past 150 years to be on exhibit,
. Presentation on "Going, Going, Gone - The Auction That Created the City of Denton".
Denton County Historical Commission (Museum) will have four Centennial dresses from 1957
on display and over five hundred items on display in Courthouse on Denton history.
Other organizations that have been contacted are the Historic Landmark Commission, Denton
Historical Museum, and several local historians.
Business & Commerce - Week Two Confirmed Activities
Denton Chamber of Commerce
. Hosting a reception honoring the 150th birthday on January 10th. There will be more
information in the near future.
Cultural Historv - Arts & Diversity - Week Three Activities
NAACP, LULAC, Black Chamber of Commerce and the Hispanic Chamber of Commerce.
. Several of these organizations are planning ajoint celebration of diversity. The
celebration will focus on families, youth, food, and art.
Greater Denton Arts Council has also been contacted and plans to participate in the
celebration.
Public Art Committee
. Commissioning a piece of art to celebrate Denton's history in honor of the 150th
celebration. The Parks and Recreation Department is commissioning a mural to be
displayed in the Civic Center commemorating Quakertown.
Education - Week Four Activities
University of North Texas, Texas Woman's University and the Denton Independent School
District are in the early stages of planning their involvement.
Local Government - Week Five Activities
City of Denton
. Proclamation will be at the January 2nd City Council meeting,
. A reception hosted by the City will be held at Civic Center on January 30th where the
announcement and presentation of the 150 milestones will be made,
. DTV will be developing programs celebrating Denton,
. The Parks and Recreation Department will include programming at the recreation centers
that incorporates the 150th Celebration theme.
Again, these activities represent the initial framework of the celebration and staff will follow the
ad hoc committee's guidance and direction to further define and implement the event.
Respectfully submitted:
...._':~;;:'<:-~!:~~!;~~:~[:,~
............................................................"": 1 ....................................
............................... ..................
............................... ..................
:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:':':':':'--. .3:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.
Prepared by:
~ mt.cf.uQ
Janie McLeod
Community Events Coordinator
Janet Fitzgerald, Director
Parks and Recreation Department
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEP ARTMENT:
Planning and Development
..
CM:
Howard Martin, 349-8232
SUBJECT
Receive a report, hold a discussion and give staff direction on a voluntary annexation of land in
the southeastern area of the City of Denton's extraterritorial jurisdiction on Teasley Lane and Old
Alton Road legally described as a part of a 5.41 acre tract of land situated in the J.C. Baker
Survey, Abstract 47, Denton County, Texas, which may include without limitation an
approximate 1.9-acre tract owned by Wild Mustang Crossing Ltd. (A06-0002, Corinth Substation)
BACKGROUND
Applicant: Masterplan Consultants Dallas, TX
The applicant is proposing to develop approximately 6 acres to build a TXU Electric Delivery
Substation. Approximately 2 acres are within the City of Denton's Extraterritorial Jurisdiction
(ETJ), which are proposed for annexation. The remaining 4 acres is within the city limits and
zoned Neighborhood Residential 2 (NR2). The proposed use is permitted within this zoning
district provided that the proposed use is not within 200 feet of a residential zone, if so approval
is subject to a Specific Use Permit (SUP). All the properties surrounding the subject site are
zoned neighborhood Residential (NR-2) and therefore a SUP will be required for approval.
The subject site currently does not have any existing uses and the existing structures on the
property will be demolished. Access to the property is from Old Alton Road.
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Prior proposed annexations have required a City Council Work
Session to direct staff to pursue or not pursue an annexation.
Annexation should be considered when a property is located within the designated urbanizing
area; is expected to accommodate urban growth in the next twenty years; and if the annexation is
contiguous to existing city limits, city roads and rights-of-way. The Corinth Substation site is
located in Denton's ETJ Division 1. As such, development is subject to only the City's
subdivision regulations and not zoning regulations. Platting is required prior to development of
the site. Incorporation of this site into the City would require the annexation of up to 1.9 acres.
The annexation timeline is at least four months. There is a 30-day notice of intent requirement
for all voluntary annexations. If City Council directs staff to proceed with the annexation, the
30-day notification will be sent out on September 15,2006 and staff can move forward with the
annexation after October 17, 2006. At the earliest, the annexation can be completed by January
2, 2007. Please refer to Attachment 1.
An existing zoning map of the area in Attachment 2.
Staff seeks direction from City Council on pursuing annexation of these properties.
OPTIONS
1. Direct staff to proceed with annexation.
2. Direct staff to not proceed with annexation.
3. Direct staff to bring the Council additional information
ESTIMATED SCHEDULE OF PROJECT
Attachment 1 sets forth a proposed schedule.
PRIOR ACTION/REVIEW
A pre-application was submitted and reviewed for this project.
FISCAL INFORMATION
The studies necessary for annexation will address fiscal impacts.
EXHIBITS
1. Proposed Annexation Schedule
2. Location Map
Respectfully submitted:
Kelly Carpenter
Planning and Development Director
EXHIBIT 1
Proposed Annexation Schedule
A06-0002 - Corinth South Substation
Notices to Intent to Annex (30 day prior to 1 st PH) will be send on September 15th.
Tuesday, 10/17/06
City Council conducts first public hearing.
. Public notice must be no less than 10 days and no more than 20
days before public hearing.
o Annexation Study prepared and available for public review.
o Service Plan prepared and available for public review.
Tuesday, 10/24/06
City Council conducts second public hearing. (Special Called
Meeting)
. Public notice must be no less than 10 days and no more than 20
days before public hearing.
VVednesday, 10/25/06
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation.
Tuesday, 11/14/06
City Council by a four-fifths vote institutes annexation
proceedings. (Special Called Meeting)
First reading of annexation ordinance.
. Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 11/19/06
Ordinance published
. The ordinance cannot be acted upon until at least 30 days after
publication.
City Council by a four-fifths vote takes final action. Second
reading and adoption of the annexation ordinance. City Council
considers approval of zoning request.
. Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1 st reading). The
second reading of the ordinance and zoning approval could be
held any time between December 20,2006 and February 14,
2007.
Tuesday, 1/2/07
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1 st Reading of the
Ordinance) more than 20 days after the second City Council public hearin2 but less than 40
days from the first City Council public hearin2.
- 1 -
EXHIBIT 2
LOCATION MAP
N
A
Legend
Annexation Site
Entire Project Site
City Limits
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
CM:
Planning and Development
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Receive a report, hold a discussion and give staff direction on the annexation of land in
the northwestern area of the City of Denton's extraterritorial jurisdiction generally located
at the southwest corner of Hampton Rd and Masch Branch Rod intersection and legally
described as Lot 2 of the Marriott Garden Addition according to the plat recorded as
document number 97-R0041092 in the Plat Records of Denton County, Texas which may
include without limitation an approximate 28.4215 acre tract owned by JVC Partners
Inc., and land between such property and the current city limits that may be required to
satisfy any requirements of Chapter 43 of the Local Government Code.
BACKGROUND
In a contract between JVC Partners Inc., Marriott Rental Inc., and the City of Denton,
dated December 4, 2001, the property owner agreed to limit the use of Lot 2 of the
Marriott Garden Addition to industrial uses related to the production, storage and
distribution of concrete, which were in operation at the time the contract was executed.
As well, the industrial uses and existing facilities, consisting of seven buildings totaling
approximately 116,060 square feet, two office trailers, four storage silos and associated
scaling equipment, and parking lot areas, were not to expand. The restrictive covenants
also limited the location on site of a temporary concrete batch plant to one time only for a
period of six moths starting from the approval date of the required Texas Natural
Resources Conservation Commission (TNRCC) permit. However, the covenant required
from the property owner the immediate withdrawal of all permitting applications with
governmental entities concerning the proposed asphalt batch plant. The agreement
further stated that if the property owner develops, constructs, or applies for a permit for
uses beyond the uses included in the restrictive covenants, that would constitute
breaching the contract and the City could, at its discretion, initiate the voluntary
annexation of the subject property. Staff has reviewed the agreement and the subject
property and determined that the facilities on-site have been expanded beyond the
original agreed upon terms.
In accordance with the City's annexation policy plan, approved in June 1993, the City
will "assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Prior proposed annexations have required a City Council
Work Session to direct staff to pursue or not pursue an annexation.
Annexation should be considered when a property is located within the designated
urbanizing area; is expected to accommodate urban growth in the next twenty years; and
if the annexation is contiguous to existing city limits, city roads and rights-of-way. The
Lot 2 of the Marriott Garden Addition site is located in Denton's ETJ Division 1. As
such, development is subject to only the City's subdivision regulations and not zoning
regulations. The subject site is platted; however, any subsequent subdivision or
reconfiguration of Lot 2 will be subject to the City's subdivision regulations.
Incorporation of this site into the City would no require additional properties.
The annexation timeline is at least four months. There is a 30-day notice of intent
requirement for all involuntary annexations. If City Council directs staff to proceed with
the annexation, the 30-day notification will be sent out on September 15th and staff can
move forward with the annexation after October 17th. At the earliest, the annexation can
be completed by January 2, 2007. Please refer to Attachment 1.
An existing zoning map of the vicinity of the Marriott's site is provided in Attachment 2.
Staff seeks direction from City Council on pursuing annexation of these properties.
OPTIONS
1. Direct staff to proceed with annexation.
2. Direct staff to not proceed with annexation.
3. Direct staff to bring the Council additional information
ESTIMATED SCHEDULE OF PROJECT
Attachment 1 sets forth a proposed schedule.
PRIOR ACTION/REVIEW
March 26, 1997, Final plat approved.
June 5, 2001, First annexation attempt failed due to insufficient votes.
December 4,2001, Second annexation withdrawn and signed contract executed.
FISCAL INFORMATION
The studies necessary for annexation will address fiscal impacts.
EXHIBITS
1. Proposed Annexation Schedule
2. Property and Zoning Map
3. Memorandum addressing contract
4. Contract
Respectfully submitted:
Kelly Carpenter
Planning and Development Director
Exhibit 1
ANNEXATION SCHEDULE
Lot 2 of the Marriott Garden Addition Potential Annexation
Notices to Intent to Annex (30 day prior to 1st PH) will be send on September 15th.
Tuesday, 10/17/06
Tuesday, 10/24/06
Wednesday, 10/25/06
Tuesday, 11/14/06
Sunday, 11/19/06
Tuesday, 1/2/07
City Council conducts first public hearinQ.
. Public notice must be no less than 10 days and no more
than 20 days before public hearing.
o Annexation Study prepared and available for public
review.
o Service Plan prepared and available for public review.
City Council conducts second public hearinQ. (Special Called
Meeting)
. Public notice must be no less than 10 days and no more
than 20 days before public hearing.
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation.
City Council by a four-fifths vote institutes annexation
proceedings. (Special Called Meeting)
First readinQ of annexation ordinance.
. Action must be more than 20 days after the second
public hearing but less than 40 days from the first public
hearing.
Ordinance published
. The ordinance cannot be acted upon until at least 30
days after publication.
City Council by a four-fifths vote takes final action. Second
readinQ and adoption of the annexation ordinance. City
Council considers approval of zoning request.
. Council action must be more than 30 days after
publication of ordinance and less than 90 days after
council institutes annexation proceedings (adopts
ordinance on 1st reading). The second reading of the
ordinance and zoning approval could be held any time
between December 20,2006 and February 14, 2007.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1 st Reading of the
Ordinance) more than 20 days after the second City Council public hearin2: but less than 40
days from the first City Council public hearin2:.
- 1 -
Exhibit 2
Lot 2 of Marriott Garden Addition
IJ 0
o
SITE
Legend
o
City Limits D Parcels
Streets
Lot 2 of Marriott Garden Addition
Legend
o
City Limits D Parcels
Streets
Exhibit 3
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BRIAN LOCI<LEY, PLAN IMPLELMENTATION COORDINATOR
DEBOR1\H VIER1\, PLANNER II
LOT 2 OF THE MARRIOTT GARDEN ADDITION
08.16.2006
A Restrictive Covenant was signed on December 4, 2001, between JVC Partners, Inc., Marriott Rentals, Inc.,
and the City of Denton for the property legally described as Lot 2 of the Marriott Garden Addition. In
summary, it was agreed upon, that if the subject property were used for any use(s) other than the existing uses
and structures at the time or materially expand the existing uses and structures as defined and shown on
Exhibit A, incorporated into the Restrictive Covenant, that would constitute breaching the Covenant and
'such actions shall be deemed a request for voluntary annexation by the City and the property shall, at the
discretion of the City, be annexed into the City.'
If the subject property were voluntarily annexed into the City, the annexation would not count towards the
maximum amount of land that may be annexed per each calendar year or any carry over allocations as per ~
43.055(a)(4) of the Texas Local Government Code (TXLGC). Subsequently, because the annexation would
be at the property owner request the subject annexation would not be subject to the 1,000 feet minimum
width as per ~ 43.054 of the TXLGC.
Currently, the city limits delineate the southern boundary of the subject property. No additional properties
would be required for annexing the subject property.
City of Denton, Planning and Development
221 N. Elm, Denton, Texas 76201
www.cityofdenton.com
(940) 349-8350 fax: (940) 349-7707
- 1 -
Exhibit 4
.977
01723
~. ...~ \. :
-
RESTRICTIVE COVENANTS
130406
STATE OF TEXAS
}
}
}
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
THESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of
the'1fi.Jdayof U 6-C b--iS rz-,/ , 2001, by and between the CITY OF DENTON, TEXAS .
(the "City"), NC PARTNERS, INC., a Texas Corporation (the "Property Owner"), and
. MARRIOTT RENTALS, INC. ("Marriott").
/
WHEREAS, the Property Owner is the owner of an approximate 28.4215 acre parcel or
tract of land located in the Denton County, Texas within the extraterritorial jurisdiction of the
City as more particularly described as Lot 2, Block 1 of the Marriott Gardens Addition according
to the plat thereof recorded as document number 97-R0041092 in the Plat Records of Denton
County, Texas. ("Property"); and . -.:--
WHEREAS, Marriott is a lessee on the Property and has made application with the Texas
Natural Resources Conservation Commission ("TNRCC") and Denton County to construct an
asphalt batch plant on the Property; and
WHEREAS, the City has initiated the involuntary .annexation of certain real property
which includes the Property, pursuant to Annexation Case AOI-0004 (the "Annexation Case"),
for the public benefit and for the benefit of adjacent properties and the owners thereof; and
WHEREAS, the Property Owner has requested that the Annexation Case be dismissed in
exchange for which they have agreed to enter into these Restrictive Covenants for the benefit of
Property Owner, Marriott, the City, and the property owners adjacent to the Property; and
WHEREAS, the beneficiaries of these Restrictive Covenants are the City, Marriott, the
Property Owner and the property owners adjacent to the Property, and each has the right to
enforce such covenants
NOW THEREFORE, in consideration of the covenants contained in these Restrictive
Covenants, including the City's dismissal of the Annexation Case, the receipt and sufficiency of
which is acknowledged, the City, Marriott and Property Owner agree as follows:
1. The Property Owner hereby declares that all of the Property shall be held, sold
and conveyed subj ect to these Restrictive Covenants, which are for the purpose of protecting the
value and desirability of, and which shall run with the Property and be binding on all parties
having any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of the Property Owner, City, and their successors, heirs and
aSSigns.
~
It
e ~},977
Oll?L
'* i _ j
2. The Property Owner covenants and agrees with the City that it will not use the
Property for any use other than the existing uses and structures or materially expand the existing
uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by
reference (the "Existing Uses") unless the Property is zoned to allow such other use after the
Property is annexed into the City or unless the Property Owner receives the prior written consent
of City~ The term Existing Uses also includes the right to locate, one time only, on the Property
a temporary concrete batch plant for the production of concrete for use only on the Property,
which right shall expire within six months after the TNRCC issues a permit for the temporary
concrete batch plant (the "Temporary Concrete Batch Plant"). Property Owner shall not
commence construction or development or apply for any permits for uses other than the Existing
Uses on the Property, unless the Property Owner first receives City's written consent, or unless
the Property has been annexed into the City and is zoned to allow such use. If Property Owner
breaches its obligations hereunder by commencing construction or development or applying for a
pemlit for a use not allowed hereunder, such actions shall be deemed a request for voluntary
annexation by City and the Property shall, at the discretion of the City, be annexed into the City.
The Property Owner and all of its successors and. assigns covenant and agree ,..that such
annexation is voluntarily made and shall be considered to be by voluntary petition of the owners
of the Property at the time of such annexation. The Property Owner and Marriott hereby waive
any and all vested rights including rights and claims that they may have under Section 43.002
and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the
Property,. other than the Existing Uses. Without limiting the foregoing, this waiver and covenant
includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing
Uses (the "Batch Plant"). Upon execution of these Restrictive Covenants by all parties, the
Property Owner and Marriott hereby agree to immediately withdraw all applications for the
Batch Plant upon the Property currently pending with any governmental entity and agency.
Marriott agrees to abide by all of the covenants contained in this Section 2. Further, the Property
Owner and Marriott acknowledge and agree that the terms, covenants and agreements contained
in these Restrictive Covenants do not constitute actions of the City as contemplated by
Subsection 2007~003(a)(3) of the Texas Government Code and the Property Owner and Marriott
hereby waive any rights, remedies, claims, and causes of action that they may have under
Chapter 2007 of the Texas Government Code against the City in connection therewith.
3. In consideration of the covenants and agreements contained herein the City has
agreed to dismiss the Annexation Case~ Further, to the extent permitted by law, so long as there
is no breach of the terms or ,conditions of these Restrictive Covenants, the City agrees not to
involuntarily annex the Property for a period of five years from the date of the dismissal of the
Annexation Case~ The Property Owner and Marriott represent and warrant that they are
represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the
City's dismissal of the Annexation Case and the City's conditional agreement herein not to
involuntarily annex the Property are individually and collectively adequate consideration for the
Property Owner's and Marriott's promises and covenants herein. The City's promise contained
in this Section 3 regarding not involuntarily annexing the Property for a period of five years is
hereby declared by the parties hereto to be severable~ If it is determined by a court of competent
jurisdiction to be void, voidable, or unenforceable the remainder of these Restrictive Covenants
shall remain in full force and effect as if such provision were not contained herein.
Page 2
S:\Share\LA W _ WP\Patricia\MARRIOTT\Signed Restrictive Covenant Alt-l.doc
e
.977
01725
4. Any person who sells or conveys any portion of the Property shall prior to such
sale or conveyance give separate written notice of these Restrictive Covenants to the prospective
purchaser or grantee, along with a separate notice to the City including a copy of such written
notice. Notice to the City shall be addressed as follows:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
5. These Restrictive Covenants are to run with the land described herein as the
Property and shall be binding on all parties and all persons claiming under them, and any future
owners of the Property for a period of fifty years from the date these Restrictive Covenants are
recorded. These Restrictive Covenants shall not be amended without the prior written consent of
the City.
6. These Restrictive Covenants may be enforced by the Property Owner, the City,
and their successors, .heirs or assigns by any proceeding at law or in equity. Failure by the
Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the
right to do so thereafter.
7 ~ Invalidation of any of the covenants or provisions contained in this instrument by
judgment or court order shall not in any manner affect any of the other covenants or provisions
herein set forth and all such remaining provisions shall remain in full force and effect.
8. No subsequent change in the law shall in anyway affect the validity or
enforceability of these Restrictive Covenants.
9. This instrument may be separately executed in any number of individual
counterparts, and such counterpart signatures, when assembled together, shall constitute one and
the same instrument
10.. The Property Owner represents and warrants to the City that there are no' existing
liens affecting the Property.. If this representation and warranty is inaccurate it shall constitute a
breach of the terms and conditions of these Restrictive Covenants.
The parties hereto have executed these Restrictive Covenants as of the date first above
written.
By:
Name: Vickie Marria t
President
Page 3
S:\Share\LA W _ WP\Patricia\MARRlOTT\Signed Restrictive Covenant Alt.l.doc
e
e big 7 7
MARRIor RENTALS, INC.
By:
CITY OF DENTON, TEXAS
BY:
&~ / 8vfJc~
Euline Brock, Mayor
ennifer K.. Walters
City Secretary
APPROVED AS TO FORM:
CITY ATTORNEY
L-
Page 4
S:\Share\LA W _ WP\Patricia\MARRlOTT\Signed Restrictive Covenant Alt-l .doc
01726
p
It
e ~f971
01727
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the!J!)i-;y of" {lCvl."ttr:t , 2001 by Vickie
Marriott, the President of NC Partners, Inc., a Texas corporation, on behalf of said corporation.
~
- (.."-- '-"- ,." ....~ . 't)~
- Notary Public, ra and for the State of Texas
9.?OOOOOOOOOOOOOOOOCCOO::>:)Q;)Oocooot~
~. ~\\'I r/rf 8
'{ ..,~:~~.Jd PU;/~...... DEBBiE E. MILUCAN
8 'c ~. ~~ ~ ~ 8
8[~(*.: ~ ~ Notary PubHc~ State of Texas
~\._'::'~'.""".:$..l My Commission Exp. 02.16-20038
~~~~~ R
~~~OOOOOOOOOOOOOOOOOOOOOOOO
My Commission expires: ~... I u -- "t-C03
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the:l..!iraY of ~t-UA.kL, 2001 by Vickie
Marriott, the -=PJLtA{~~ of Marriott Rentals, Inc., a Texas corporation, on behalf
of said corporation.
...... ,.' ,~ .... ,....,i'\.,...,.,"""~ ......,.....t'~f.. ~,i...h.,...OO^P>,oooooooo("'\:l"o,
~.)'~ ..,: . t..'\r.,ff-<.;~.....,...".,t~~'....:/\~""-oi'J04\./-....J~ ~ VS
'(.1
~/ ....~~.~;~;.
;...} .:: :/>'~:" -' . .~ ~ ::';;":'~. 0 EBBI E E. M ILLlCAN 8
8 ~ < ~ );1~} .... ~ Notary Public~ State of-Texas 8
g ':<':'~;;i~."'<;(<'_::: My Commission Exp. 02~16-2003 8
~. -"I,'j'; :-~\;~~,,, R
a~\j\j~'OOO()0000CQCCOOOOOO()oOOOOOOOO
. ~ J, f A
('-.7~ (~I l.4.t.U('~--
Notary Public, in and for the State of Texas
My Commission expires: ,;2 - I (p ~ 2-(5(:;3
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the '/!day of~, 2001 by Euline
Brock, Mayor of the City of Denton, Texas, on behalf of said city.
I "\,,,"'~~~M',,-
S'~'\~. ~~!.f.~~
g~." ~ .,~.~
\ :.. -,~. ..~;~j
~~ti .;\\"'~~
ottitu, .,,""
JENNIFER K~ WALTERS
Now ry P u blic~ State of ~exas
t\ {y Cnmmi~:;;;on Exp~re~
Decernber19,2D02
N t Publ., in and for the State of Texas
My Commission expires: /d.- / /q /o~
. /
Page 5
S: \Share\LA W _ WP\Patricia \MARRIOTT\S igned Restrictive CovenantAl t-l.doc
e
e~977
o I" /'8
I J.~
EXHIBIT "A"
THE "EXISTING USES"
The Existing Uses are described as follows and are located in the structures or buildings as
shown below:
2281 Masch Branch Road 18 approximately 11,060 square foot building used for
o ffice/W arehouse purposes.
2281 A Masch Branch Road Office Trailer~ The trailer serves as office.
2281 B Masch Branch Road~ This is a building approximately 25,000 square feet designed and
used for office/warehouse purposes.
2281 C Masch Branch Road.. This is a building approximately 25,000 square feet designed and
used for office/warehouse purposes.
2281 D Masch Branch Road~ This is a building approximately 16,000 square feet designed and
used for office/warehouse purposes.
2281 E Masch Branch. This is a building approximately 16,000 square feet designed and used for
office/warehouse purposes~
2277 Masch Branch Road and Parking Lot~ This is a building approximately 11,000 square feet
designed and used for office/warehouse purposes.
2275 Masch Branch Road. This is a building approximately 12,000 square feet .designed and
used for office/warehouse purposes~
2269 Masch Branch Road and Parking Lot, Adjoining Fuel Island and Truck Parking Area: This
is tile existing trllck shop owned by JThf.
Two (2) Asphalt Silos & Scales: The silos are used for the storage of asphalt The scales are
used to weigh the asphalt upon removal from the silos.
Scale House. This is a small office type structure used to store computer equipment and serves
as an office.
Two (2) Cement Silos: These. are used for the storage of cement.
Guard Trailer~ This is a trailer used by a night watchman on the Property.
Page 6
S:\Share\LA W ~ WP\Patricia\MARRIOTT\Signed Restrictive Covenant Alt-l.doc
~ t Hd~ I
J ~j'm > I
~l" '~ c;I
( I~J12
~ /~~
~ ~l~~' I
;j ~1m I .
~I~~' j
:U1~ II
;~ r~
L ~ m
'lo .
;j
!
I
~
,l
toN
l"'1 N
p.1 CO
:l ~
(1 t'r:I
::r
~
~
en
n
::r'
\;
::
~
5\
&
~
m
l
, t
1
f
.:-
e
teN
H N
~ CO
, ]:j I--L
n tj
~
:3::
PJ
en
n
=r'
QOl. A,.j'
-~~
n j' I/Q
W J io... .../
'\
; J' IUHpTt
~_., -. .'----'
---.-rr
: I. . ~., ',:. . : _ _.~.
. ~ ~... I r - . : I
.N
.. - ~ -:---': ::- :
- :: "_-ri,~~~+:. :1.J.~'_: ~~..
:s:: I~"-' -r
"'- :., OJ ' l ' ..
.en
.n
.~
N
I.... I .~. ~ ...
. ~~ -~ -
. : :"' -:j:~: l,:.
. . j
td
. -. ". .. -.. - -- ,..- . -- l"i
~~
. I . ~
-1---<--: : - - ...-'...<, g.
~~.
~
JI.
. J'
C\
: ,~
, ~..
; ~.
~ n.
:rJ -
I~ _ ~ I r_
. '. ~ -". ..: ~ ~ ..' -.:.: ~ -
-: ~ ~ - < .; >~ ~ ~ ~
. . .,'~. ~ ~ ~ ~.. . ~ ~.... ..:- '.
- .. . + ~ . ~ . ::
_ . _ I .:. ~_.... _ ~_ r . ~ :' ~ ~ . ~~ ~... ~~.~ .,.-
~ ~ ~ _ I _ ~ I .., .... -: r _
r -. ~ _ ~ I . ~ ~ ~._ = I ': ,+ - - . ~
-~ ~ ~ ~.......
.. ~ . - ~ + . . -.
. . . . - -. ., :':.~'~;' ~ :... . - . ": ~ ~.: ; "- ~ t -.: ~ "
. . -, ~ -.,: ~. ~.:..: . ;'". - ~:~:.. ~ . . : .'. ~ . ~ : ~ :.. - :..:
_ 7 :_. r.: ~ -r.~... ~.~. +r~ ~1: '+; _ I... ~; ~: ~
. . -. ;+ .. rl ...
- ~... ~ ...-..
~ ~ . I ...,... _..~
- - .-. n
-- - - - ~ :;::- -:~j~'.-;~US:'~r~~.I~ ~
~ !
. -1.Jt~
!..!
,~
.~
;(
~
z:;
~
; l
-,
(
, .
. ,
I
!
.::lOl. ~r
EXHIBIT
Page .7
b ---A-
Ji
J:)
,J!
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEPARTMENT:
Economic Development
CM:
Howard Martin, 349-8232"
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the amendment of
an Economic Development Program Grant Agreement with Orix/Hunt Denton Venture
for the Denton Crossing development.
BACKGROUND
In November 2001, the City Council approved an Economic Development Program Grant
Agreement with Hunt Properties, a Dallas development firm, to build the Denton
Crossing shopping center. In return for meeting certain thresholds, Hunt Properties
would receive one-half of one percent of the sales tax generated by the center for up to 15
years. The purpose of the grant was to stimulate retail growth and to reimburse Hunt
Properties for certain public improvements and costs associated with the improvements.
Our agreement allows for the assignment of the grant and sale of the center, in whole or
in part, with notice to the City. In January 2003, the ownership of the grant changed to
Orix/Hunt Denton Venture, to include Hunt Properties' financial partner Orix Real Estate
Capital. In October 2004, Orix/Hunt sold the center to Inland Western Denton Crossing
Limited Partnership, but retained the rights of Grantee under the agreement. The only
limitation placed on the sale of the center is that it could not be sold to an entity that
would cause the property to become exempt from ad valorem taxes. Currently the
ownership of the center (Inland Western Denton Crossing) is separate from the ownership
of the Program Grant Payments under the agreement (Orix Real Estate Capital).
At this time, Orix/Hunt Denton Venture is considering assigning/selling its right to the
Program Grant Payments. They have asked for our help in updating, clarifying certain
portions of the document, and to make it easier to sell in the open market.
The proposed amendment provides clarifications for some of the definitions in the
agreement. For example "Tenant Occupancy" now provides the date of the first
certificate of occupancy - November 1,2004.
The proposed amendment reflects that the following agreement thresholds or
requirements have been met:
1. Hunt provided invoices and cancelled checks for in excess of $7.25 million.
Each invoice was reviewed by Engineering staff to assure items submitted
- 1 -
were eligible. The total cost eligible for reimbursement is capped at $7.25
million plus interest.
2. A total of 450,000 square feet of retail space has been built. The threshold in
the agreement is 350,000 square feet.
3. Spencer Road has been improved to four lanes along the northern perimeter of
the center.
4. Brinker Road has been extended through the shopping center to Spencer
Road.
5. The agreement requires that the retail improvements be designed and
constructed to provide an attractive retail environment consistent with other
first class retail centers in the Dallas-Fort Worth area. An exhibit was
provided as a sample, and the design is consistent with the exhibit.
Since Orix/Hunt is no longer the property owner, certain provisions in the original
agreement no longer apply to them. Orix/Hunt requests that these items be addressed.
1. In the event of tenant turnover, the Grantee was required to diligently seek to
obtain quality retail tenants that are new to Denton. Since they no longer own the
property, they want it clarified that this requirement does not apply to them.
2. The Grantee/Property Owner agreed to "use reasonable efforts" to assist the City
in obtaining sales tax information from tenants. Orix/Hunt has no ability to
influence the tenants at this point. We believe that the Comptroller's Office is
actually the appropriate contact for acquiring this information. They are asking
that the agreement be clarified that this covenant no longer applies to them.
In addition, Orix/Hunt has requested a provision to address casualty events that result in a
dramatic drop in sales tax revenue of 25% or more. The Grantee requests the grant be
stopped and then resumed for a period not to exceed 12 months. Regarding this issue,
staff requests direction from the City Council.
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW
N/A
FISCAL INFORMATION
N/A
- 2 -
EXHIBITS
Draft Amendment Chapter 380 Agreement - Orix/Hunt
Linda Ratliff, Director
Economic Development Department
- 3 -
SECOND AMENDMENT TO
ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT
THIS SECOND AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM
GRANT AGREEMENT (this "Amendment") is entered into as of this _ day of September,
2006, by and between THE CITY OF DENTON, a municipal corporation ("City") and ORIX
HUNT DENTON VENTURE, an Illinois general partnership ("OHDV").
WIT N E SSE T H:
WHEREAS, the City and Denton Crossing Partners Ltd. ("DCP") entered into that
certain Economic Development Program Grant Agreement, dated as of November 27,2001 and
filed of record with the County Clerk of Denton, Texas on December 21,2001 at Volume 4989,
Page 00274, as assigned by DCP to OHDV by Assignment of Economic Development Grant
Agreement, dated September 11, 2002 and recorded with the County Clerk or Denton on
September 13, 2002 at Volume 5170, Page 84 and as amended by Amendment to Economic
Development Program Grant Agreement, dated January 21,2003 (collectively, the "Agreement")
WHEREAS, OHDV sold the Property on October 18, 2004 to Inland Western Denton
Crossing Limited Partnership, but retained the rights of Grantee under the Agreement.
WHEREAS, the City and OHDV desire to make certain amendments clarifying the rights
of OHDV under the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Recitals; Definitions. The recitals set forth in this Amendment are incorporated
herein by this reference and made a part hereof as if fully set forth as paragraphs in this
Amendment. Initial capitalized terms used but not defined herein shall have the meaning
ascribed to them in the Agreement.
2. Amendments.
(a) The following definitions are added to Section 2 of the Agreement:
(i) "Property Owner" means the owner or owners of the Property, at any
given time.
(b) The following definitions are amended and restated in their entireties in Section 2
of the Agreement:
(i) "Actual Cost" or "Actual Cost of the Public Participation Items" means
$7,250,000.
NGEDOCS: 015078.0530: 1306538.2
(ii) "Grantee" means OHDV and its successors and assigns of the right to
receive Program Grant payments under the Agreement and any and all
rights under the Agreement related thereto.
(iii) "Interest" means interest on any unpaid balance of the Program Grant
which shall accrue at a rate equal to the three month LIBOR rate as
identified by Fannie Mae plus 275 basis points, and shall be calculated and
compounded monthly. The unpaid balance of the Program Grant shall be
calculated based on the Actual Cost [of the improvements and work
represented as Public Participation Items in Exhibit A]. As such Actual
Costs are incurred by Grantee, such costs shall represent an equivalent
component of the Program Grant for purposes of calculating Interest. Such
program Grant components shall accrue Interest for the term of the
Program from the date that Grantee incurs the corresponding costs for the
design, construction or other work representing the Public Participation
Items.
(iv) "Program Effective Date" means June 1, 2005 (Sales tax reported as of
June 1,2005, actually paid to Grantee on September 2,2005).
(v) "Program Grant" means a grant of ~ of 1 % of the Total Taxable Sales for
a period of 180 consecutive months, but not to exceed $7,250,000.00 plus
accrued Interest, to be paid by the City to the Grantee in 180 monthly
installments during the term of the Program
(vi) "Property" means that certain tract of approximately 54 acres more
particularly described in Exhibit B attached hereto.
(vii) "Tenant Occupancy" means November 1,2004.
(c) Section 4 of the Agreement is hereby amended and restated in its entirety as
follows:
"For each month of the Program Grant term, City agrees, subject to the
conditions contained in this Agreement, to make a Program Grant installment
payment to Grantee on or before thirty days following the City's receipt from the
State Comptroller of the Monthly Sales Tax Report indicating sales tax revenue
from businesses located on the Property. Monthly Program Grant installation
payments shall be calculated as provided in Section 5 below. Tenant Occupancy
shall be a condition precedent to the initiation of Program Grant payments. If
Grantee and Property Owner are the same entity, Program Grant payments may
be withheld at any time if there are delinquent property taxes on the Property and
will not be resumed until such delinquency is cured. The City and Grantee
acknowledge that Substantial Completion of the Improvements occurred on
August 2, 2004 with respect to the Retail Improvements and on August 2, 2004
with respect to the public works."
NGEDOCS: 015078.0530: 1306538.2
2
(d) Section 6 of the Agreement is hereby amended by deleting the section in its
entirety.
(e) Section 7 of the Agreement is hereby amended and restated in its entirety as
follows:
"During the term of this Agreement, the City reserves the right to conduct
audits of the sales and use tax records of businesses located on the Property if, in
the sole opinion of the City, such action is determined to be necessary. If Grantee
and the Property Owner are the same entity, Grantee agrees upon request to use
reasonable efforts to assist the City in obtaining such records from tenant
taxpayers. If Grantee and Property Owner are the same entity, failure to provide
such assistance shall be grounds for default, and City may withhold any
installment payment until such assistance is provided. During the term of this
Agreement, the City will keep, or cause to be kept, copies of the Monthly Tax
Reports and proper and current books and accounts in which complete and
accurate entities shall be made of the amount of sales taxes received by the City
from the State of Texas attributed to the Retail Improvements and such other
calculations, allocations and payments required by this Agreement. During the
term, the City shall prepare within 120 days after the close of each fiscal year of
the City and within 90 days after the close of each calendar quarter, a complete
financial statement for such year or quarter, as applicable, in reasonable detail
covering the above information, and shall furnish a copy of such statement to
Grantee. Upon the request of Grantee, and at Grantee's expense, City shall have
the annual Program Grant financial statement prepared by an independent
certified public accountant. Upon request of Grantee, City shall provide copies of
City records related to the Program Grant to Grantee or its investors, lenders, or
other parties designated by the Grantee. The City shall allow Grantee access to
all reports, books, accounts and other information related to sales tax, except for
documents that are deemed confidential by the State Comptroller's office during
business hours upon forty-eight (48) hours advance written request. The City
shall furnish Grantee a copy of the Monthly Sales Tax Report, or similar report
from the State of Texas in a timely manner each month during the life of the
Program Grant."
(f) Section 8 of the Agreement is hereby amended by deleting the word "either" in
the first (1 st) line thereof and replacing the same with the word "any".
(g) Section 10 of the Agreement is amended by adding the following phrase after the
phrase "arising out of Grantee's obligations hereunder" in the first (1 st) sentence
thereof: "(but not Property Owner's)".
(h) Section 15 of the Agreement is hereby amended and restated in its entirety as
follows: "This Agreement shall be binding on and inure to the benefit of the
parties, their respective successors and assigns. Upon written notice to the City,
each of Grantee and Property Owner, in its sole and absolute discretion, may
assign all of its rights and/or obligations hereunder; provided, however that in no
NGEDOCS: 015078.0530: 1306538.2
3
event may Grantee or Property Owner assign only a portion of their respective
rights and/or obligations hereunder."
(i) The following Section 21 is added to the Agreement: "Casualty: In the event of
any casualty to the Property that results in the physical destruction to the Property
(whether fire, act of God or otherwise) which closes operation of all or a portion
of the Property and results in a decrease in sales at the Property of 25% or more,
Grantee shall give the City written notice of such casualty no later than (60) days
after the occurrence of such casualty, and the Program term shall be extended
from the time of such notice for an amount of time equal to the amount of time
that operation of the Property is closed due to such casualty, not to exceed twelve
(12) months with respect to any given casualty. During such time period the
Program Grant Payments will be suspended so that the total Program Grant
Payments shall not exceed one hundred eighty (180) monthly payments.
However, in no event shall the Program term be extended for more than twenty
four (24) months total as a result of such casualties."
3. Assignments. The City acknowledges that OHDV has conveyed the Property to
Inland Western Denton Crossing Limited Partnership, but has retained the rights of Grantee
under the Agreement and hereby recognized OHDV as the Grantee under the Agreement.
4. Representations. The City hereby reaffirms the representations set forth in
Section 11 of the Agreement. OHDV hereby reaffirms the representations set forth in Section 12
(b) through (d) and hereby represents that Grantee is a general partnership duly organized and
validly existing under the laws of the State of Illinois and had and has the legal capacity and
authority to enter into and perform its obligations under the Agreement.
5. Successors and Assigns. This Amendment shall extend to, be binding upon and
inure to the benefit of the respective heirs, devisees, legal representatives, successors, permitted
assigns and beneficiaries of the parties hereto.
6. Counterparts. This Amendment may be executed in any number of counterparts,
each of which shall be deemed an original, and all of such counterparts shall together constitute
one Amendment.
7. Conflicts. To the extent of any inconsistency between the terms and provisions of
this Amendment and the Agreement, the terms and provisions of this Amendment shall control.
8. Except as expressly amended herein, all other terms, covenants and conditions of
the Agreement shall remain in full force and effect.
9. Facsimile signatures shall be deemed originals signatures for purposes of creating
a valid and binding Amendment.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
NGEDOCS: 015078.0530: 1306538.2
4
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Amendment as of the day and year first above written.
CITY OF DENTON, TEXAS
, Mayor
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
GRANTEE:
ORIX HUNT DENTON VENTURE, an Illinois
general partnership
By: ORIX Denton Limited Partnership, an
Illinois limited partnership, its partner
By: ORIX Power Center Denton, LLC,
its general partner
By: ORIX Real Estate Capital,
Inc., its managing member
By:
Name:
T i tl e :
NGEDOCS: 015078.0530: 1306538.2
5
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
Tax
ACM:
Jon Fortune
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name
Reason
Tax
Year
Amount
2005
2.
Nicosia & 77 LP
4.
Foutch, Patsy
Duplicate Payment
2005 $ 535.27
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $34,791.64.
,.~~spec~t~llY su~mitted:
rI., - 'I.
.' - ~ - ,}[ .
I /: r .. __"
.II'.J _
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
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 accepting competitive bids and awarding an annual contract
for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3547-Annual Contract for Multipurpose
Paper awarded to the lowest responsible bidder, Xpedx, in the in the amount of $2.46 per ream of
paper ($24.61/carton) for an annual estimated amount of$39,376).
BID INFORMATION
This bid is for the annual contract to supply multipurpose paper to all City departments. The
paper will primarily be used for copiers, desktop printers and fax machines. This item will be
carried in the Warehouse working capital inventory for easy access.
RECOMMENDA TION
Award to Xpedx in the amount of $2.46 per ream of paper ($24.61/carton) for an estimated
amount of $39,376. Paper 101 qualified their bid by adding a possible 6% escalation per quarter.
In the second quarter, the price could be $26.07/carton. Due to the escalation possibility, the
recommendation is to Xpedx for a fixed pricing cost.
PRINCIPAL PLACE OF BUSINESS
Xpedx
DFW Airport, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
This item will be funded out of the Warehouse working capital account and charged back to the
using department.
Agenda Information Sheet
September 12, 2006
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
l-AIS-Bid 3547
IIIf"'"
.......
t:
Q)
E
.t:
(J
ns
.......
.......
<C
f'.,.
~
Ln
(V)
*t:
o
1--1
CO
~
W
ll.
<(
ll.
W
(f)
o
ll.
~
:)
ll.
~
:)
~
~
o
u..
r-
u
\D <(
o ~
........... r-
(V) z
o 0
~ u
o ....J
<(
W :)
r- z
<( z
o <(
~
o
'tJ
C
cu
>
N
X c
e 0
(])~
X 0..
o
~
o
'tJ
C
CU
>
T"""'I
X c
e 0
(])~
X 0..
o
~
o
'tJ
C
CU
>
(])
-I-J Ul
co Ul
(; ~
0..0..
l..... X
8UJ
~
o
'tJ
C
cu
>
~
o
'tJ
C
cu
>
~
o
'tJ
C
cu
>
~
o
'tJ
C
cu
>
c 0
ill U .
-I-J l..... U
Ul (]) C
(]) 0.. ~
S co
c..
~
o
'tJ
C
CU
>
~
o
'tJ
C
CU
>
Ul 0
-c U
CO l.....
01(])
o 0..
I CO
c..
z
o
.....
I-
~
.....
~
U
~
w
Q
~
o
::::)
~
~
U
o
....
~
>
I-
0'
ci
Z
c
o
-I-Jx
~I-
1:
<(
c
o
.Y.
~
c
o
-I-JX
~I-
o
I
X
-0
(])
0..
X
-I-J'"
l.....
o
0..
":: X
<(l-
S
u.
o
T"""'I
o
T"""'I
l.....
(])
0..
CO
c..
X
-01-
c ...
CO "~
l..... l.....
19 "cu
l.....
c..
0..
l.....
o
U
..c
o
U
C2
c
3:
o
-I-JI
"Q 0
c
:::::>
X
I-
Ul'"
~
CO
o
X
I-
Ul'"
~
CO
o
o
~
LJ)
N
-b9-
LJ)
0'1
r-....
N
-b9-
o
0'1
0'1
N
-b9-
~
N
LJ)
N
-b9-
T"""'I
~
~
N
-b9-
:::s
>.
c
(])
.Y.
C
<(
0'1
LJ)
~
N
-b9-
LJ)
r-....
~
N
-b9-
0'1
LJ)
LJ)
N
-b9-
X
I-
o
LJ)
~
N
-b9-
c'"
~
Ul
:J
<(
Ul
Ul
(])
C
Ul
:J
CO
~ ~ ill'" X c.. l.....
..c (]) o..~ e I 0
:> COO (]) ...T"""'I
> ~ o..~ X r-.... T"""'I ~
= l..... (])eo ~LJ) c
T"""'I O1Ul E .aeo (])
T"""'IE8.:J~~~~
X :J l..... E (]) M I "-
N "E ~"c ~ ~ ~ 5-
~ ~ E "E "Q1 1: 1: (])
1000:J l..... CO CO
eo E ..CI 0.. 0..
Ul
C
o
-I-J
l.....
CO
U
I.l-
o
(])
U
CO
c::
~
0..
"u
c
"i:
c..
o
o
r-....
I
LJ)
LJ)
I
LJ)
T"""'I
o
o
o
~
T"""'I
T"""'I
o
~
eo
o
~
eo
o
eo
eo
o
~
eo
o
o
eo
o
~
eo
o
o
eo
o
eo
eo
l.....
o
o
~
eo
o
eo
eo
~ I
l.....-o
CO CO
U 0
I.l- -
O.Y.
l..... U
(]) :J
..CIb
E l.....
:J (])
zo..
Ul
>-
CO
-0
T"""'I
N
I
~
T"""'I
Ul
>-
CO
-0
T"""'I
N
I
~
T"""'I
>-
CO
-0
T"""'I
Ul
>-
CO
-0
LJ)
T"""'I
Ul
>-
CO
-0
LJ)
Ul
>-
CO
-0
o
T"""'I
I
r-....
Ul
>-
CO
-0
LJ)
Ul
>-
CO
-0
o
M
I
o
T"""'I
Ul
>-
CO
-0
o
N
I-
z
UJ
:E
c..
~
I
(f)
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF MULTIPURPOSE PAPER FOR THE CITY OF
DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (BID 3547-ANNUAL CONTRACT FOR MULTIPURPOSE PAPER
AWARDED TO THE LOWEST RESPONSIBLE BIDDER, XPEDX, IN THE IN THE AMOUNT
OF $2.46 PER REAM OF PAPER ($24.61/CARTON) FOR AN ANNUAL ESTIMATED
AMOUNT OF $39,376).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
ITEM
NO
VENDOR
AMOUNT
3547
1
Xpedx
Exhibit A
SECTION 2. City Council finds the bid submitted by Paper 101 contains a 6% escalation per
quarter and due to this possibility, the recommendation is to Xpedx for a fixed pricing cost.
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 3547
~-e%-
BID #3547
Exhibit A
DATE: 08/03/06
ANNUAL CONTRACT FOR MULTIPURPOSE
PAPER
Principle Place of Business:
1
1600 015-55-700 Cartons
8-1/2" x 11" White
premium grade 4
multipurpose paper,
minimum 840/0
brightness. Xerox
part #3R2047, HP
part #HPC8511 or
equivalent.
Number of cartons
per truckload_
SHIPMENT
Xpedx
DFW Airport,
TX
$24.61
800
5 days
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
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
purchase of grit hauling and disposal services for the City of Denton Water Reclamation Plant in
accordance with provisions of State Law exempting such purchases from requirements of
competitive bidding; and providing an effective date (File 3590-Emergency Purchase of Grit
Hauling and Disposal Services at Water Reclamation Plant awarded to Allied Waste Services in
the estimated amount of $32,000). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
The wastewater flows entering the Water Reclamation Plant first go through bar screens to
remove floating material that is larger than the screen openings. This screened material is
transported through a screw conveyer to compress and reduce the moisture content, and then
discharged into dumpsters. Allied Waste Services of Fort Worth picks up the discharged
screenings to dispose of in their landfill. The Texas Commission on Environmental Quality has
approved the disposal of screenings in a landfill. For this fiscal year a purchase order of $25,000
was set up for Allied Waste Services to dispose of the screenings from the Pecan Creek Water
Reclamation Plant, and the sludge from the Robson Ranch Plant. However, with the installation
of smaller opening bar screens at the Pecan Creek Water Reclamation Plant, the volume of
screenings removed this year has grown beyond the estimated amount of the purchase order. It is
estimated an additional five to six thousand dollars will be needed to continue the disposal
service from Allied Waste Services this fiscal year. Staff is requesting addition of $6,000 to the
purchase order to continue the service through September 30, 2006.
Allied Waste was selected for disposal of screened material based on best price and acceptance
of the screenings quality disposed from the Plant.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its August 28, 2006 meeting.
RECOMMENDA TION
Award to Allied Waste Services in the estimated amount of$32,000.
Agenda Information Sheet
September 12, 2006
Page 2
PRINCIPAL PLACE OF BUSINESS
Allied Waste Services
Phoenix, AZ
ESTIMATED SCHEDULE OF PROJECT
This request is to fund additional waste disposal services through September 30, 2006.
FISCAL INFORMATION
This item will be funded from account 640100.7938.389440A.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Memo from Rusty Willard, Water Reclamation Superintendent
l-AIS-File 3590
Attachment 1
Water Reclamation / 1100 Mayhill Rd / Denton, TX 76208
Phone 940-349-8601 #I Fax 940-349-8613
Date: 8/10/2006
To: Karen Smith, Senior Buyer, Purchasing
From: Rusty Willard, Water Reclamation Superintendent
RE: Purchase Order 124626
It has come to my attention that purchase order #124626 with vendor Allied Waste is getting
dangerously close to surpassing the $25,000 limit. In past years, costs never exceeded this limit, but
with the installation of the new more efficient bar screens, we have seen an increase in the amount of
rags and debris that are removed from the system daily. This translates into more frequent pickup up
the roll off container used to haul these materials. Due to this fact, the cost is exceeding my projections
by about $5000 - $6000.
The debris being removed is a potential hazard to the public health. This material comes from the
sewer collection system and contains human feces. If left in open areas, both animals and insects are
commonly attracted. Additionally odor problems become an issue. Proper disposal methods are to
bury this material in a landfill and have it covered with dirt by the end of the day. The Texas
Commission of Environmental Quality (TCEQ) requires that this material be disposed of at a landfill.
Due to limitations placed on this material by the City of Denton landfill, we were forced to find another
landfill that could accept this material. The vendor being used gave both the best price and had more
lenient permit levels that are easily being met by our facility.
Since we obviously will not decrease in size over the future years, I would also ask for the assistance of
Purchasing in making this a bid item in the coming year. Your assistance in this matter is greatly
appreciated.
Sincerely,
Rusty Willard
Water Reclamation Superintendent
City of Denton
;:il~:
*-I
. .. .. ....
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF GRIT HAULING AND DISPOSAL SERVICES FOR THE
CITY OF DENTON WATER RECLAMATION PLANT IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 3590-EMERGENCY PURCHASE OF GRIT HAULING AND DISPOSAL
SERVICES AT WATER RECLAMATION PLANT AWARDED TO ALLIED WASTE
SERVICES IN THE ESTIMATED AMOUNT OF $32,000).
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
"Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby
approved:
FILE NUMBER
VENDOR
ESTIMATED
AMOUNT
3590
Allied Waste Services
$ 32,000
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 the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~e%
3-0RD-3590
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 28, 2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
August 28,2006 at 9:03 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present:
Chair Newell, Bill Cheek, John Baines, Bob Bland and Randy Robinson
Absent:
Dick Smith and Phil Gallivan, excused
Ex Officio Member
Howard Martin, Interim City Manager
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending approval of American Public Power Association (APPA) annual
dues in the amount of$26,421.18.
2) Consider recommending adoption of an ordinance abandoning and vacating a 0.60 acre
sanitary sewer easement from Foxworth-Galbraith Lumber Company to City of Denton
recorded in Volume 501 Page 273, Deed Records of Denton County, Texas, and a 1.12 acre
sanitary sewer easement from Dimension - Unicorn Lake Associates, Ltd. to City of Denton
recorded in Volume 1744 Page 758, Real Property Records of Denton County, Texas, in the
M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date.
The meeting was adjourned by consensus at 11 :02 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an ordinance increasing the general expenditure authority of the City
Manager and his designates to make routine expenditures of budgeted funds not to exceed
$100,000, or such other amount as may be prescribed in a particular circumstance by a more
specific ordinance, resolution, policy directive, or state law; and providing an effective date.
FILE INFORMATION
In the past, it has been the policy of the City of Denton to seek Council final award and/or
approval of expenditures in excess of $25,000. We are requesting that Council consider the
attached ordinance raising the City Manager's approval and award authority to $100,000 prior to
Council involvement. This authority extended to the City Manager will greatly improve the
efficiency of the procurement process.
Adoption of this ordinance would shorten the procurement approval process for expenditures
between $25,000 and $100,000. Current policy can require up to six weeks from bid opening
until Council award, negatively impacting our ability to take advantage of pricing in a "seller's
market." Long term firm pricing agreements are becoming a thing of the past. Bids are being
returned with prices firm for 30 days only, which creates a revolving door for bids and can result
in paying accelerated prices due to the lengthy approval process.
If the increase in expenditure authority is approved, the City Manager would maintain full
accountability to the City Council and the Purchasing Agent will verify fund availability and
compliance with State law and the City Charter. There would be no impact on the verification of
budget funds, compliance with State laws, or other written policies intended to demonstrate to
the citizens of Denton and bond rating agencies that the City of Denton is committed to a strong
fiscal operation.
This ordinance would also have no impact on the current change order or bid process dictated in
Chapters 252 and 271 of the Texas Local Government Code. The approval and final contract
award process is all that would change. All expenditures in excess of $100,000 would still be
presented to Council for approval and final award as they are today.
Agenda Information Sheet
September 12, 2006
Page 2
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
The Audit/Finance Committee discussed this item along with an increase in the City Manager's
Settlement Authority at the June 9 Audit/Finance Committee meeting.
RECOMMENDATION
Approve the increase in expenditure authority from $25,000 to $100,000 for the City Manager
and his designates.
PRINCIPAL PLACE OF BUSINESS
City of Denton
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This ordinance would become effective immediately upon its passage or approval.
FISCAL INFORMATION
This ordinance will have no impact upon the budget.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3593
s: \Our Documents\Ordinances\06\expenditure authority.doc
ORDINANCE NO.
AN ORDINANCE INCREASING THE GENERAL EXPENDITURE AUTHORITY OF THE
CITY MANAGER AND HIS DESIGNATES TO MAKE ROUTINE EXPENDITURES OF
BUDGETED FUNDS, NOT TO EXCEED $100,000, OR SUCH OTHER AMOUNT AS MAY
BE PRESCRIBED IN A PARTICULAR CIRCUMSTANCE BY A MORE SPECIFIC ORDI-
NANCE, RESOLUTION, POLICY DIRECTIVE, OR STATE LAW; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, the City's budget process provides for the oversight by the City Council and
the public of fund appropriations; and
WHEREAS, decades of experience at the City have demonstrated that efficiency of gov-
ennnental operations is promoted by giving the City Manager authority to make general expendi-
tures of public funds without specific Council approval, within a predefined limit; and
WHEREAS, due to inflationary trends, the current expenditure limit of $25,000 has often
proven inadequate to maximize this efficiency, resulting in the consent agenda being burdened
with ordinances approving routine purchases from previously budgeted funds as a matter of
course; and
WHEREAS, the Council believes th~t increasing this predefined expenditure limit to
$100,000 will improve efficiency without substantial risk to public funds, subject to other more
specific limitations imposed by law; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the current general expenditure authority of the City Manager and his
designates is hereby increased to $100,000, or such other amount as may be prescribed in a par-
ticular circumstance by a more specific ordinance, resolution, policy directive or State law~
SECTION 2. That to the extent any expenditure is subject to specific competitive bid-
ding or other procurement requirements under state law, including Chapters 252 and 271 of the
Local Govennnent Code the City Manager is ~ereby delegated the authority to exercise on behalf
of the City any and all rights or duties of the City under such laws~
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
, 2006~
PERRYR~ McNEILL, MAYOR
S :\Our Documents\Ordinances\06\expenditure authority.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD
y.
/
/
./
//
/
./
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
Questions concerning this
report may be directed to
Scott Payne, 349-7836
DEP ARTMENT:
Fiscal Operations
ACM:
Jon Fortune
If
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas, authorizing the City Manager,
the City Attorney, and the Risk Manager to settle claims not to exceed $100,000; and providing
an effective date.
BACKGROUND
The City of Denton is self-insured for the majority of our liability exposures. Additionally, the
City handles all damage claims internally. This includes both claims filed by third parties
against the City and those claims the City may file against a third-party for damages to City
property. Currently staff has $25,000 in settlement authority for those claims filed against the
City. For those claims filed by the City, any settlement that requires the execution of a release
must be approved by Council, regardless of the amount.
During presentations to the Audit Committee on June 9, 2006, and on June 30, 2006, this issue
was discussed. The Audit Committee directed staff to prepare an Ordinance extending up to
$100,000 in settlement authority, for both claims filed by the City and for claims filed against the
City, to a claims committee made up of the City Manager, City Attorney and the Risk Manager.
Any settlement above $100,000 will still require Council approval.
PRIOR ACTION/REVIEW
The Audit Committee reviewed this item as part of an Issue Paper regarding the Risk Retention
Fund on June 9, 2006, and June 30, 2006. During the June 30, 2006, meeting the Audit
Committee voted 3-0 in favor of this settlement authority and recommends approval.
FISCAL INFORMATION
This Ordinance deals with expenditures from various account numbers within the Risk Retention
Fund, as well as revenue to the Risk Retention Fund in 8600.8154.
Respectfully submitted:
Scott Payne, Risk Manager
S :\Our Documents\Ordinances\06\settlement authority.doc
ORDINANCE NO~
AN ORDINANCE AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, AND
THE RISK MANAGER TO SETTLE CLAIMS NOT TO EXCEED $100,00'0; AND PROVID-
ING AN EFFECTNE DATE~
WHEREAS, sound risk management principles and the p.uhlic interest indicate that
smaller claims by or against the City should be disposed of quickly and efficiently; and
WHEREAS, it is in the public interest to authorize this general authority to authorize the
City Manager, the City Attorney, and the Risk Manager acting as a claims committee to approve
prompt settlement of claims and disputes below a certain monetary threshold without the neces-
sity of Council action; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ That a claims 'committee composed of at least three persons, including the
City Manager, Deputy City Manager, or Assistant City Manager; the City Attorney or the Dep-
uty City Attorney; and the Risk Manager, is hereby granted the authority to settle and resolve all
claims against the City in the amount of $100,000 or less, or to approve settlement of claims
made by the City, where the total amonnt of damages claimed by the City is $100,000 or less~
. SECTION 2~ That this ordinance shall'become effective immediately upon its passage
and approvat
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 RNEY
//
. .
.. .
.. . .
r:.::..-," :oc.:-~..~ ~...::..... :.-.~_.:- - ............C-.f':..:. '".. .~. ". . -.
. . .
~ ". _~~.:;..~.i::..J: :~"=..":' .r. .~:"~.7.....:.:-.::... ..~
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8044
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of 2,352 68-gallon size recycling carts for the Solid Waste Division by way of
an Interlocal Agreement with the City of Denton; and providing an effective date (File 3556-
Interlocal Agreement for the Purchase of Recycling Carts for Solid Waste Department awarded
to OTTO Environmental Systems, LLC in the amount of $120,498). The Public Utilities Board
recommends approval (5-0).
FILE INFORMATION
The Solid Waste Department must purchase additional residential recycling carts due to the
residential growth in Denton and a high rate of upsizing of carts subsequent to the residential
trash cart distribution. Declining inventory levels and the time required to manufacture and
deliver carts require additional cart purchases to meet the continued customer demand.
As of July 28, 2006, the Solid Waste Department has about 400 residential recycling carts in
inventory.
Due the nature of the specially designed in-molded graphics on the lid, it is the preference of
staff to keep consistency in the recycling cart inventory. All 65-gallon carts are currently the
same model. Further, the company subcontracted by Allied Waste (Trinity) to handle cart
deliveries and repairs is Otto Cart Management, and they are equipped to handle repairs and
warranty replacements.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its August 14, 2006 meeting.
RECOMMENDA TION
Award the purchase of recycling carts to OTTO Environmental Systems, LLC in the amount of
$120,498.
Agenda Information Sheet
September 12, 2006
Page 2
PRINCIPAL PLACE OF BUSINESS
OTTO Environmental Systems, LLC
Eloy, AZ
ESTIMATED SCHEDULE OF PROJECT
Delivery can be made 30- 45 days from receipt of an order.
FISCAL INFORMATION
This purchase will be funded from account number 660028585.1365.30100.
Respectfully submitted:
~~lCLS-
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 : Quote from Otto Environmental Systems LLC
l-AIS-3556
~~:
:~~~
.. ...
~"~'""'" i">.... ::.. _~
::jjj( ~ .r .... .
I. ~.. I I
...
I
--:. :J:~~:~;: ~:r.
~
::.~.~
~~~
. . . . . .
Attachment 1
....:
::.
:.oj :..
~
. :'"
-:J.:
!I:.
"If_ ~:
. . . .. ... ..- . -..
. .
......... .. ...... -..
. I.. .... .................. ~
-~~
':-'1 .. . ... ~
,_",-w'SII:'~~
~ .' .... ,,"~...ji
"--... ....~... . .. . ..
:-: .. . . -....:
. .
.. ~..:. ...-.~.. ... I ...
.. .
....... ..
..... . =-::"1:"" .: :.... .:-;:.. :: i ::".. .
;
; ~~.:.i: J:...:.-;.:..... ...f:.... : -:.; .:~.
~tcI~l r_.
..... ..1
~ r. . <<. -:-.......:-::... -:--:. ~ ~... --;-:-.. ;.-.. i:i" ....... .
. i...
:iIiji
.. ...
~\
. .. .
. . .... ~
~
RI --: -: .....
.... - . .
... . -.-. (or .. . ....... ..
.~~
~~
l1li
~ .~. .- 'iJ~ii
~
=!
..;::--:.: ':. ':.:. _-'-;."'::-:'-':-. r ~ ~.~~,,~I j. ~ ~ ~.:.;... ~
I. .-. ~~....~...
: ..-:: M
~~~~. ....
:=-rIi~:~- .... .~., .. · J m.. ~::'"
!I' ..
!€i.:
. ....,
"I
.W';;'''~JWE:
.... ...
(;
~.
I . .. .;.;
.... ~_..-~ ..
Attachment 1
~.
.......... ........ .~. ... .............
. -....... -..
. ... . ......... . -. I.. -.-.- .. .
~=;~
. .. ..;:
...
.:-:~y J('___lfit,~* ~g'~Hr~~f_Ui~:
:.. .
. :-: .
-:01
:. ...
.!I
I:
: :-- . . . . .
:: "=
:4~~~~.
.. ~ .J: -: -: ;-- .I~I:".. :~.Ij. ...
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF 2352 68-
GALLON SIZE RECYCLING CARTS FOR THE SOLID WASTE DIVISION BY WAY OF
AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE (FILE 3556-INTERLOCAL AGREEMENT FOR THE PURCHASE OF
RECYCLING CARTS FOR SOLID WASTE DEPARTMENT AWARDED TO OTTO
ENVIRONMENTAL SYSTEMS, LLC IN THE AMOUNT OF $120,498).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER
VENDOR
AMOUNT
3556
OTTO Environmental Systems, LLC
$120,498
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
3-0RD-File 3556
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 14,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
August 14,2006 at 9:01 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present:
Chair Newell, Dick Smith, Bill Cheek, John Baines and Bob Bland.
Absent:
Phil Gallivan and Randy Robinson excused
Ex Officio Member:
Howard Martin, Interim City Manager
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
The meeting was adjourned by consensus at 1 0: 3 1 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
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 the City of Fort Worth, Texas to authorize participation in various City of Fort
Worth contracts for the purchase of various goods and services; authorizing the expenditure of
funds therefore; and declaring an effective date (File 3589- Interlocal Agreement with the City of
Fort Worth, Texas).
INTERLOCALAGREEMENT INFORMATION
Chapter 271.102 of the Local Government Code, 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. The attached agreement is an authorization to participate in contracts
awarded by the City of Fort Worth and will remain in effect until terminated by either party.
Any acquisition exceeding the expenditure authority of the City Manager will be presented to
Council for approval, prior to issuing a purchase order.
This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and
services competitively bid by the City of Fort Worth, Texas. In the past, we have purchased such
items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other
supplies from similar agreements. The bid process followed by the City of Fort Worth, Texas
meets all State bidding requirements and bid opportunities are extended to all local suppliers.
ESTIMATED SCHEDULE OF PROJECT
This agreement is effective upon approval by the City of Fort Worth, Texas and will remain in
effect until terminated by either party.
RECOMMENDA TION
Approve the Interlocal Agreement between the City of Denton and City of Fort Worth.
Agenda Information Sheet
September 12, 2006
Page 2
FISCAL INFORMATION
Each acquisition, based on this agreement, will follow the City of Denton fiscal verification
policy and be charged to the appropriate budget account.
Respectfully submitted:
~~
~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Interlocal Agreement with Fort Worth
l-AIS-File 3589
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS TO AUTHORIZE
PARTICIPATION IN VARIOUS CITY OF FORT WORTH CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE
(FILE 3589- INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH, 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 the City of Fort Worth 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:
2-0RD-Interlocal Agreement With
Fort Worth & Denton
Cooperative Purchasing Interlocal Agreement
CITY SECRETARY
CONTRACT NO.
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered
into as of the date written below between the City of Denton, Texas ("Denton") and the
City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both Denton and Fort Worth have eaCh determined a need for a cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts and
obtain the benefits of volume purchasing; and
WHEREAS, Denton and the Fort Worth are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual'obligations and benefits
contained herein, Denton and City of Fort Worth agree as follows:
SECTION 1.. The purpose of this Agreement is to provide Denton and Fort Worth with
additional purchasing options by satisfying the provisions of Section 271.102 of the
Local Government Code. .
SECTION 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of, and on behalf of, the designating party (the
"Designated Representative")..
SECTION 3.. At the request of the other party, a party that enters into a contraCt with a
vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the
vendor's agreement to offer those goo.ds and services to the other party (the "Second
Purchasing Party") for the same price and on the same terms and conditions as have been
offered to the First Purchasing Party... If the vendor so agrees, and if the Second
Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party
may enter into its own separate c.ontract with' the vendor for the purchase of such goods
or services.
SECTION 4.. Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to
the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have
the responsibility of determining whether the vendor has complied with any provisions in
its contract with the vendor, including but not limited to those relating to the quality of
items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement
08-04-06 P12:09 iN
OF~I{:~~l ~~eo~~ .
tiff ~~~~~~~~V
fCi i:~~rf\~~ll1 ifC~~? ~.
!( U~ ~~:\d ~r ~ lllJ j ~ ~6\~ ~ l
"',\ .' ~':. J
Page 1 of3
F ort Worth & Denton
Cooperative Purchasing Interlocal Agreement
SECTION 5. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
SECTION 6. This Agreement shall remain in effect from the date of execution until
terminated by either party. This Agreement may be terminated, without cause or penalty,
upon not less than thirty days written notice to the other party.
SECTION 7. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
SECTION 8. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas - Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
SECTION 9. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions
of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, the' parties shall .endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or provision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Denton or Fort Worth to
make any purchase, to pay any membership' fee or to otherwise or in any manner incur
any cost or obligation.
SECTION 11. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same
instrument.
SECTION 12. The undersigned officers and/or agents .are properly authorized to
execute this Agreement on behalf of the parties hereto and each party hereby certifies to
the other that any necessary actions extending such authority have been duly passe.d and
are now in full force and effect.
SECTION 13. All notices, requests, demands, and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon the delivery or receipt thereof, as the case may be,
if delivered personally or sent by registered or certified mail, return receipt requeste<L
postage prepaid, to the respective city representative set out below, or his/her designee.
Page 2 of3
OF~le~tU ~~ey~~
Clll ~~~~~~~ ~V I
~V .. "l~~ r-:'\YlU Q;r\~l' t
~1.~~ {Yt iP/' ~ni u 1 r .\' i
I ~~ ~ ~ ~ q u ~ ""' '. ~ ~
...
.
F ort Worth & Denton
Cooperative Purchasing lnterlocal Agreement
EXECUTED this 20th day of June, 2006.
CITY OF FORT WORTH
1000 Throckmorto.n Street
Fort Worth, Texas 76102
Rie ard Zavala
Acti g Assistant City Manager
mec~office: ~
Marty Hendrix ~
City Secretary
DATE
Approved as to Form and Legality
C-a~
Contract Authorizatioa
Date
Page 3 of3
CITY OF .DENTON
215 East McKinney Street
Denton, Texas 76201
City Manager's Office:
Howard Martin
Interim City Manager
City Secretary's Office:
Jennifer Walters
City Secretary
DATE
OFfltiAl ~~t~~~:
erN ~~t~~~~~'1
~y '!,~; ~ 00 tH 1;rJ \\.n
.. '[ i.. f~;' ~I IJ ~ <
I WiJ~~~ nl ~ ~ ~\~ ~
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
DEP ARTMENT:
Materials Management
ACM:
Jon Fortune
ri
SUBJECT
Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of office supplies;
providing for the expenditure of funds therefore; and providing an effective date (File 3592-
Interlocal Agreement for Office Supplies with Tarrant County awarded to Corporate Express of
Texas in the estimated amount of$120,000).
BID INFORMATION
Tarrant County Bid 2006-165 for the contract to supply a full range of office supplies and related
products was awarded to Corporate Express of Texas on August 8, 2006. This bid includes next
day desktop delivery and will be used by all City of Denton departments to purchase office
supplies. Our estimated expenditure is approximately $120,000 per year. Approximately 72
entities throughout the State of Texas currently participate in this cooperative purchasing
agreement
Contract agreements and bid documents are available at the office of the Purchasing Agent.
PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (Ord.
98-175). This agreement allows the City of Denton to participate in those contracts for supplies
and services that have been competitively bid and awarded by Tarrant County. Such interlocal
cooperative procurement arrangements are advantageous to the citizens of Denton and reflect
cost savings based upon volume discounts. Tarrant County Commissioners approved the
2005-06 bid and awarded a contract to Corporate Express of Texas on August 8, 2006.
RECOMMENDA TION
Award to Corporate Express of Texas in the estimate amount of$120,000.
PRINCIPAL PLACE OF BUSINESS
Corporate Express of Texas
Arlington, TX
Agenda information Sheet
September 12, 2006
Page 2
ESTIMATED SCHEDULE OF PROJECT
This award shall become effective upon Council approval for a period of one year with the
option to renew for two additional one-year periods with all pricing and terms remaining the
same.
FISCAL INFORMATION
Items purchased through Corporate Express will be paid for by individual department operating
budgets.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3592
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE
PURCHASE OF OFFICE SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3592-INTERLOCAL
AGREEMENT FOR OFFICE SUPPLIES WITH TARRANT COUNTY AWARDED TO
CORPORATE EXPRESS OF TEXAS IN THE ESTIMATED AMOUNT OF $120,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase office
supplies and related products in the estimated amount of $120,000 from Corporate Express of
Texas under competitive bids received by Tarrant County in accordance with an Interlocal
Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local
Government Code which is on file in the office of the Purchasing Agent.
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:
3-0RD-File 3592
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Mike Ellis 349-8424
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order with the Houston-Galveston Area Council of Governments
(H-GAC) for the acquisition of a Ford F350 cab/chassis for the City of Denton Fire Department
by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File
3596-Interlocal Agreement for the purchase of one Ford F350 cab/chassis with H-GAC awarded
to Philpott Ford in the amount of$28,251.
BID INFORMATION
This request is for the acquisition of a one-ton 4x4, diesel powered cab/chassis. The unit will be
coupled with a utility body purchased on a separate order in the amount of $6,535 and will serve
as the primary mover of an emergency rescue trailer, which was also purchased on a separate
order. This completed unit was designed to comply with Texas Domestic Preparedness
Assessment Grant requirements and meet the criteria for a Technical Rescue Team. The unit
will house confined space, trench shoring, high angle, rope and heavy machinery rescue
equipment. The total acquisition cost is:
Cab/chassis
Utility Body
32" Trailer
$28,251
$ 6,533
$14~625
$49,409
RECOMMENDATION
Award to Philpott Ford in the amount of$28,251.
PRINCIPAL PLACE OF BUSINESS
Philpott Ford
Port Neches, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery can be made within 60-90 days of receipt of an order.
Agenda Information Sheet
September 12, 2006
Page 2
FISCAL INFORMATION
This vehicle will be funded from Texas Domestic Preparedness Assessment Grant funds.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: H-GAC Pricing Sheet
l-AIS-File 3596
Attachment 1
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
Medium and HD Trucks
H-GAC BID VE 10-03
End User: CITY OF DENTON
Contact: MIKE ELLIS
Philpott Rep: ALAN WILEY
Date: 10- F eb-06
Product Description:
FORD F350 CREWCAB/CHASSIS
A.
Bid Series:
DBF
A. Base Price: I $
17,297.00 I
B. Published Options [Itemize each below]
Code Options Bid Price Code Options Bid Price
60 II CA SID AM-FM RADIO INCL
99P DIESEL UPGRADE $ 3,713.00 VE VINYL BENCH SEAT INCL
DEP W37 4X4 UPGRADE $ 2,995.00 RUBBER FLOOR INCL
44B 5-SPEED AUTOMATIC $ 1 , 18 8.00 POWER STEERING INCL
52N TILT/CRUISE $ 3 16.00 ABSBRAKES INCL
HEATER-DEFROSTER INCL
572 Ale $ 697.00 DUAL REAR WHEELS INCL
512 SP ARE TIRE AND WHEEL $ 287.00
Total of B. Published Options: I $
9,196.00 I
c.
Unpublished Options [Itemize each below, not to exceed 250/01
$=
3.3 0/0
Options Bid Price Options Bid Price
640ASP413 HD 2006 XL PACKAGE $ 720.00
TRANSFER CASE SKID PLATE INCL
13,000 GVWR INCL
NO INSPECTION STICKER DUE TO BEING
AN INCOMPLETE VEHICLE WHEN
FACTORY HOUR METER IN I PANEL INCL DELIVERED TO CITY OF DENTON
REAR CARGO LIGHT $ 89.00
1 EXTRA KEY $ 5.00 ESTIMA TED DELIVERY IN 60-90 DAYS
UNDERHOOD LIGHT $ 65.00
Total of C. Unpublished Options: I $
.879.00
D. Contract Price Adjustment: I
E. Delivery Charges: 300 miles @ $.93/mile I $ 279.00
F. Total of A+B+C+D+E=F 1$ 27,651.00
G. Quautity Ordered x F = I $ 27,651.00
H. H-GAC Administrative Fee [from Fee Schedule, Table B] $600.00 PER PURCHASE ORDER I $ 600.00
I.
Non-Equip Charges & Credits
I
I $ 28,251.00
J.
TOTAL PURCHASE PRICE INCLUDING H-GAC FEE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION
OF A FORD F350 CAB/CHASSIS FOR THE CITY OF DENTON FIRE DEPARTMENT BY
WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE (FILE 3596-INTERLOCAL AGREEMENT FOR THE
PURCHASE OF ONE FORD F350 CAB/CHASSIS WITH H-GAC AWARDED TO
PHILPOTT FORD IN THE AMOUNT OF $28,251).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
FILE
NUMBER
VENDOR
AMOUNT
3596
Philpott Ford
$28,251
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for
such items and agrees to purchase the materials, equipment, supplies, or services in accordance
with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the H-GAC, and the purchase
orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H-GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase
orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-File 3596
~
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Charles Atkinson 349-7421
ACM:
Jon Fortune
Ii
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of outgoing U. S. Mail services for the City of Denton; providing for the expenditure of
funds therefore; and providing an effective date (Bid 3541-Mailing Service awarded to S & M
Mail in an estimated amount of $60,000). The Public Utilities Board recommends approval (5-0).
BID INFORMATION
This bid is for the acquisition of a contractor to perform out-going u.s. mail services for the City
of Denton, excluding postage. Services include the pickup of mail at six designated sites, the
processing of approximately 48,000 utility bills monthly, and delivery to the U.S. Post Office.
Residual mail is picked up at approximately 3:00-3:30 P.M. each workday and utility bills are
picked up at approximately 11 :00 A.M. each workday. All mail is delivered to the U.S. Post
Office for same day handling.
RECOMMENDA TION
Award to S & M Mail in the estimated amount of $60,000.
PRINCIPAL PLACE OF BUSINESS
S & M Mail
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The recommended contract will be for a period of twelve (12) months. During the twelve-month
period, City personnel will be evaluating a new Request For Proposal (RFP) to include a full
turnkey solution of mail service and bill print processing.
FISCAL INFORMATION
This item will be funded from the using departments budgeted accounts.
Agenda Information Sheet
September 12, 2006
Page 2
Respectfully Submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AIS-Bid 3541
Attachment 1
BID # 3541
DATE: July 18, 2006
Annual Contract for Mailin Service
Stampede S & M Mail
Mailing Service
Principle Place of Business: Denton, TX Grand Prairie, Denton, TX
TX
Residual, daily mail (excluding utility bills) flat fee of
1 $X.XX per piece in addition to the lowest applicable first $0.045 $0.015 $0.02
class single piece rate (do not include cost of postage in
price) .
Stamped and/or business reply mail, $X.XX per piece
2 flat fee handling charge (do not include cost of postage $0.015 No Charge $0.02
in price).
Utility bills flat fee of $X.XX per piece in addition to the
lowest applicable first rate for folding of utility bill,
3 inserting bill and return envelope, and preparing for $0.075 $0.050 $0.02
mailing as regulated by the U.S. Post Office, including
delivery to U.S. Post Office (do not include cost of
postage in price).
4 Additional inserts into Utility Bills $X.XX per 1,000 $10.00 $0.02 $20.00
pieces handling charge.
5 Folding of inserts per piece flat fee $0.015 $0.01 $0.00
No charge for 1st
6 Pick up fee per site per day $13.50 6 stops. $0.00
$10 for water
bills
7 Required minimum deposit on residual daily mail $6,000.00 $100.00 $7,000.00
Addendum #1 No Yes No
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF OUTGOING U.S. MAIL SERVICES FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3541-MAILING SERVICE AWARDED TO S & M MAIL IN AN
ESTIMATED AMOUNT OF $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 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
3541
S & M Mail
Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~ ~
3-0RD-3541 ~
Exhibit A
BID # 3541
DATE: July 18, 2006
Annual Contract for Mailin Service
Principle Place of Business:
1
Residual, daily mail (excluding utility bills) flat fee of $X.XX
per piece in addition to the lowest applicable first class
single piece rate (do not include cost of postage in price).
2
Stamped and/or business reply mail, $X.XX per piece flat
fee handling charge (do not include cost of postage in
price) .
Utility bills flat fee of $X.XX per piece in addition to the
lowest applicable first rate for folding of utility bill,
inserting bill and return envelope, and preparing for
mailing as regulated by the U.S. Post Office, including
delivery to U.S. Post Office (do not include cost of postage
in price).
Additional inserts into Utility Bills $X.XX per 1,000 pieces
handling charge.
3
4
5
Folding of inserts per piece flat fee
6
Pick up fee per site per day
7
Required minimum deposit on residual daily mail
Addendum #1
S & M Mail
Denton, TX
$0.02
$0.02
$0.02
$20.00
$0.00
$0.00
$7,000.00
No
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 14,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
August 14,2006 at 9:01 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present:
Chair Newell, Dick Smith, Bill Cheek, John Baines and Bob Bland.
Absent:
Phil Gallivan and Randy Robinson excused
Ex Officio Member:
Howard Martin, Interim City Manager
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
The meeting was adjourned by consensus at 1 0: 3 1 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
DEPARTMENT: Materials Management
ACM:
Jon Fortune
=-
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the rental
of heavy equipment for various City departments; providing for the expenditure of funds therefor;
and providing an effective date (Bid 3546-Rental of Heavy Equipment awarded to the lowest
responsible bidder meeting specification for each item in the annual estimated amount of $750,000).
BID INFORMATION
This bid is for the annual contract to supply the rental of heavy equipment to all City departments.
From time to time, the City of Denton has a need for heavy equipment to supplement our fleet. This
annual agreement will allow us quick access to expensive equipment without the delay of the bid
process. In addition, the annual agreement for multiple items lends itself to more competitive
pricing than incidental usage. No guarantee of any minimal usage is part of this agreement and each
rental will have an individual purchase order. The equipment list consists of the most commonly
used sizes and types of heavy equipment.
RECOMMENDA TION
Award to the lowest responsible bidder meeting specifications for each item as listed below:
Vendor
Bane Machinery
B&R Equipment Co.
Hertz Equipment Rental
Holt Rental Service
Nations Rent
Romco Equipment Co.
TKO Equipment Co.
United Rentals Heavy Machinery
United Rentals General Rent
Underwood Equipment Co.
Item Number
14,22,24,26
4,6,17,20,21,32,35,37,40,41,43,55
8,9,15,16,25,27,28,44,45,59,62,63,64,65
10,11,18,19,39,42,54,58,60,61
48
53
1,2,12,13,23,29,30,34,36,38,47,50
3,7,33,46
49
51
No bids were received for Items 5, 31, 52, 56 & 57; therefore they will not be awarded at this time.
United Rentals Heavy Machinery, the apparent low bidder on Item 4, did not bid the required size
dozer. Romco, the apparent low bidder on Item 12 did not meet specifications for the minimum
horsepower required. Continental Equipment, the apparent low for item 26, did not meet the
minimum size required. Item 59 was awarded to the low bidder meeting specification including
options.
Agenda Information Sheet
September 12, 2006
Page 2
PRINCIPAL PLACE OF BUSINESS
Bane Machinery
Dallas, Texas
Hertz Equipment Rental
F ort Worth, Texas
B&R Equipment
Keller, Texas
Holt Rental Services
Fort Worth, Texas
TKO Equipment Co.
Irving, Texas
Romco Equipment Co.
Dallas, Texas
United Rentals General Rent
Denton, Texas
United Rentals Heavy Machinery
Ft. Worth, Texas
Underwood Equipment Co.
Fort Worth, Texas
Nations Rent
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
These items will be charged to the using Departments as needed.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-Bid 3546.doc
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
U')
a:
W
N
o
C
...,
s:
~
ftJ
.~
::::s
C'"
GJ
I..
o
o
.....
e
...,
ftJ
U
I..
GJ
N
o
e
.....
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
,...-I
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
,...-I
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
,...-I
...,
s:
~
ftJ
.~
::::s
C'"
GJ
I..
o
en
e
...,
ftJ
U
I..
GJ
N
o
e
N
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
N
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
N
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
U
N
...,
s:
~
ftJ
.~
::::s
C'"
GJ
I..
o
GO
e
...,
ftJ
U
I..
GJ
N
o
e
M
o
o
o
o
o
<:::t ...
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
L/")
CO
<:::t ...
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
(V")
o
o 0
o 0
o 0
o 0
N'" L/")
,...-I -YT-
-YT-
l:J l:J
i:o i:o
o 0
z z
l:J l:J
i:o i:o
o 0
z z
o
o
o
o
L/")
,...-I
,...-I
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
(V")
o
o
o
o
o
,...-I'"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
(V")
...,
s:
~
ftJ
.~
::::s
C'"
GJ
I..
o
l"-
e
...,
ftJ
U
I..
GJ
N
o
e
~
"
\D
\D
\D
\D
N'"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
L/")
"
N'"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
<:::t
o
o
o
o
o
CO'"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
,...-I
,,'"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
<:::t
o
o
o
o
(V")
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
<:::t
...,
s:
~
ftJ
.~
::::s
C'"
GJ
I..
o
l"-
e
...,
ftJ
U
D.
~
...J
I..
GJ
N
o
e
it)
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
(V") ...
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
L/")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
L/")
""
""
,,'"
-YT-
o
o
o
o
"
-YT-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
L/")
u
L/")
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
"- u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J "- U
u.. ~
W
I.. ~
o "D~ >-<IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
"D~~
<IJ CU _
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
~ ~ ~"-
C U X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0"- U
c:t. :J
0-
W
z
o
.....
t-
o.
.....
a:
u
tn
w
Q
ci
z
+-J
C
<IJ
c:t.
(J)
C
o
:.j:j
CU
Z
X
I-
l....
~
OJ
~
X
I-
C"-
o
+-J
C
<IJ
o
X
I-
(J) "-
(J)
~
:J
W
X
I-
...c "-
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
5
X
I-
(J) "-
~
co
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
CU
c:
<IJ
0..
"u
C
";::
c...
" 0
\.0 0
\.0 0
\.0 0
,...-I l.l)
N"- \.0"-
*IT *IT
"D "D
co co
o 0
z z
o 0
o 0
o l.l)
o N
l.l) 00
(V) "- 00"-
*IT *IT
o
o
o
o
""'"
N"-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
...,
s:
~
fa
.~
::::s
cr
GJ
I..
o
\0
Q
...,
fa
U
<IJ
+-J
CU
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
N
o
Q
\0
CU
\.0
o
o
o
l.l)
N
\.0"-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
<IJ
+-J
CU
c:t.
~
...c
+-J
C
o
:E
..0
\.0
o
o
o
o
(V)
*IT
"D
co
o
z
o
o
o
o
\.0
*IT
o
o
o
o
\.0
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
OJ
o
u
\.0
o 0
o 0
o 0
o 0
l.l) l.l)
N"- ,,"-
*IT *IT
"D "D
co co
o 0
z z
"D "D
co co
o 0
z z
o
o
o
l.l)
""'"
N"-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
...,
s:
~
fa
.~
::::s
cr
GJ
I..
o
\0
Q
...,
fa
U
0.
~
...J
<IJ
+-J
CU
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
N
o
Q
I'
CU
"
o
o
o
o
""'"
\.0"-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
<IJ
+-J
CU
c:t.
~
...c
+-J
C
o
:E
..0
"
o
o
o
o
(V)
*IT
"D
co
o
z
"D
co
o
z
o
o
o
o
\.0
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
OJ
o
u
"
o 0
o 0
o 0
o 0
l.l) l.l)
,...-1"- ""'""-
*IT *IT
"D "D
co co
o 0
z z
o 0
o 0
o l.l)
l.l) "
\.0 0"1
,...-I ""'""-
*IT *IT
o
o
o
o
0"1
,...-1"-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
...,
s:
~
fa
.~
::::s
cr
GJ
I..
o
it)
Q
...,
fa
U
<IJ
+-J
CU
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
N
o
Q
co
CU
00
o
o
o
o
0"1
""'" "-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
<IJ
+-J
CU
c:t.
~
...c
+-J
C
o
:E
..0
00
o
o
o
o
(V)
*IT
"D
co
o
z
o
o
o
o
l.l)
*IT
o
o
o
o
\.0
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
OJ
o
u
00
o 0
o 0
o 0
l.l) l.l)
\.0 0"1
,...-1"- ""'""-
*IT *IT
"D "D
co co
o 0
z z
"D "D
co co
o 0
z z
o
o
o
l.l)
0"1
,...-1"-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
...,
s:
~
fa
.~
::::s
cr
GJ
I..
o
it)
Q
...,
fa
U
0.
~
...J
<IJ
+-J
CU
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
N
o
Q
en
CU
0"1
o
o
o
o
,...-I
l.l) "-
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
<IJ
+-J
CU
c:t.
~
...c
+-J
C
o
:E
..0
0"1
o
o
o
o
(V)
*IT
"D
co
o
z
"D
co
o
z
o
o
o
o
\.0
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
OJ
o
u
0"1
"D "D
co co
o 0
z z
o 0
o 0
l.l) 0
(V) 0
(V) (V)
,...-I (V) "-
*IT *IT
o 0
o 0
o l.l)
o "
(V) l.l)
,...-I (V) "-
*IT *IT
o
o
o
00
00
,...-1"-
*IT
o 0
o 0
o 0
l.l) 0"1
l.l) "
,...-I "- (V) "-
*IT *IT
"D "D
co co
o 0
z z
"D
co
o
z
...,
s:
~
fa
.~
::::s
cr
GJ
I..
o
lilt
Q
...,
fa
U
<IJ
+-J
CU
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
N
o
Q
o
.....
CU
o
,...-I
"D
co
o
z
o
o
o
00
*IT
o
o
o
o
l.l)
*IT
o
o
o
o
"
""'" "-
*IT
o
o
o
o
l.l)
*IT
o
o
o
,...-I
,...-I
*IT
"D
co
o
z
"D
co
o
z
"D
co
o
z
<IJ
+-J
CU
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
OJ
o
..0
o
,...-I
u
o
,...-I
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
...,
s:
~
ftJ
.~
::s
cr
GJ
I..
o
lilt
C
...,
ftJ
U
C.
~
...J
I..
GJ
N
o
C
....
....
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
00
00
,...-I'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
,...-I
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
"
<:::t ...
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
,...-I
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.t)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
,...-I
,...-I
~
a:
W
c
ce
o
...I
...I
W
W
:::I:
~
...,
s:
~
ftJ
.~
::s
cr
GJ
I..
o
CO
CO
en
...,
ftJ
U
I..
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
N
....
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
,...-I
<:::t ...
*IT
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
('oJ
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
0'"
,...-I
*IT
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
('oJ
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
l.t)
o
"
*IT
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
('oJ
,...-I
...,
s:
~
ftJ
.~
::s
cr
GJ
I..
o
o
CO
en
...,
ftJ
U
I..
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
M
....
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
1.0
(V') ...
*IT
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
(V')
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
00
00'"
*IT
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
(V')
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
l.t)
o
"
*IT
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
(V')
,...-I
...,
s:
~
ftJ
.~
::s
cr
GJ
I..
o
\0
\0
en
...,
ftJ
U
I..
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
lilt
....
o
o
o
o
<:::t
('oJ'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
,...-I
(V') ...
*IT
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
<:::t
,...-I
o
o
o
o
('oJ
,,'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
1.0
,,'"
*IT
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
<:::t
,...-I
o
o
o
o
l.t)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
l.t)
o
"
*IT
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
<:::t
,...-I
...,
s:
~
ftJ
.~
::s
cr
GJ
I..
o
N
\0
en
...,
ftJ
U
I..
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
in
....
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(V')
('oJ'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.t)
('oJ'"
*IT
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
l.t)
,...-I
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
0"1
l.t) ...
*IT
o
o
o
o
l.t)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
('oJ
1.0'"
*IT
o
o
l.t)
o
"
*IT
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
l.t)
,...-I
u
l.t)
,...-I
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
o 0
o 0
o 0
o 0
o 0
N'" I.D'"
-tA- -tA-
l:J l:J
Co Co
o 0
z z
o 0
o 0
o 0
o 0
(V) 0"1
N'" Ll)'"
-tA- -tA-
o
o
o
o
(V)
N'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o 0
o 0
o 0
Ll) 0
""" 0
N'" I.D'"
-tA- -tA-
...,
s:
~
fa
.~
::::I
cr
GJ
I..
o
o
in
0\
...,
fa
U
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
"tJ
fa
o
...J
Gi
GJ
.s:
~
\C)
....
ro
I.D
T""'l
o
o
o
o
I.D
Ll)'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
I.D
T""'l
o
o
o
o
(V)
-tA-
l:J
Co
o
z
o
o
o
o
Ll)
-tA-
o
o
o
o
I.D
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
Ll)
o
r--..
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
I.D
T""'l
o 0
o 0
o 0
o 0
""" N
T""'l'" "",,'"
-tA- -tA-
l:J l:J
Co Co
o 0
z z
o 0
o 0
o 0
Ll) 0
0"1... 0
T""'l Ll)'"
-tA- -tA-
o
o
o
Ll)
00
T""'l'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o 0
o 0
o 0
o 0
o 00
N'" "",,'"
-tA- -tA-
...,
s:
~
fa
.~
::::I
cr
GJ
I..
o
CO
M
0\
...,
fa
U
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
"tJ
fa
o
...J
Gi
GJ
.s:
~
I'
....
ro
r--..
T""'l
o
o
o
o
00
""" ...
-tA-
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
r--..
T""'l
o
o
o
o
(V)
-tA-
l:J
Co
o
z
o
o
o
Ll)
"""
-tA-
o
o
o
o
Ll)
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
Ll)
r--..
I.D
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
r--..
T""'l
o 0
o 0
o 0
o 0
N I.D
T""'l'" (V)...
-tA- -tA-
o 0
o 0
Ll) I.D
""" I.D
Ll) 0"1
T""'l (V)...
-tA- -tA-
o 0
o 0
o Ll)
Ll) r--..
r--.. (V)
T""'l "",,'"
-tA- -tA-
l:J
Co
o
z
o 0
o 0
o 0
0"1 0"1
I.D 00
T""'l'" (V)...
-tA- -tA-
l:J l:J
Co Co
o 0
z z
o 0
o 0
o 0
o 0
r--.. T""'l
T""'l'" "",,'"
-tA- -tA-
...,
s:
~
fa
.~
::::I
cr
GJ
I..
o
CO
N
0\
...,
fa
U
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
"tJ
fa
o
...J
Gi
GJ
.s:
~
CO
....
ro
00
T""'l
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
00
T""'l
o
o
o
o
(V)
-tA-
o
o
o
o
(V)
-tA-
o
o
o
Ll)
"""
-tA-
l:J
Co
o
z
o
o
o
T""'l
T""'l
-tA-
l:J
Co
o
z
o
o
Ll)
r--..
I.D
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
00
T""'l
l:J l:J
Co Co
o 0
z z
l:J l:J
Co Co
o 0
z z
o 0
o 0
o Ll)
Ll) 0"1
Ll) 0"1
T""'l (V)...
-tA- -tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o 0
o 0
o 0
o 0
Ll) I.D
T""'l'" (V)...
-tA- -tA-
...,
s:
~
fa
.~
::::I
cr
GJ
I..
o
~
N
0\
...,
fa
U
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
"tJ
fa
o
...J
Gi
GJ
.s:
~
0\
....
ro
0"1
T""'l
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
0"1
T""'l
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
"""
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
Ll)
r--..
I.D
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
0"1
T""'l
(J)
a:
W
c
ce
a:
~
a:
o
I-
o
~
o 0
o 0
o 0
o 0
Ll) Ll)
T""'l'" "",,'"
-tA- -tA-
l:J l:J
Co Co
o 0
z z
o 0
o 0
o 0
o Ll)
o 0"1
N'" Ll)'"
-tA- -tA-
o
o
o
o
0"1
T""'l'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o 0
o 0
o 0
Ll) 0
r--.. Ll)
T""'l'" "",,'"
-tA- -tA-
...,
s:
~
fa
.~
::::I
cr
GJ
I..
o
N
....
...,
fa
U
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
"tJ
fa
I..
~
I..
o
...,
o
~
o
N
ro
o
N
o
o
o
o
(V)
-tA-
l:J
Co
o
z
o
o
o
o
Ll)
-tA-
o
o
o
o
0"1
""" ...
-tA-
o
o
o
o
Ll)
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
Ll)
r--..
I.D
-tA-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
o
N
u
o
N
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
...,
s:
GJ
iii
.~
::::I
cr
GJ
I..
o
o
~
....
...,
RS
U
I..
GJ
"tJ
RS
I..
~
I..
o
...,
o
~
....
N
I"""-
\.0
\.0
\.0
\.0
T""'l'"
-tA-
l:J
Co
o
z
o
o
o
o
o
("\I'"
-tA-
o
o
o
o
T""'l
("\I'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(J)
T""'l'"
-tA-
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
T""'l
("\I
o
o
o
o
o
Lt") ...
-tA-
l:J
Co
o
z
o
o
o
Lt")
(J)
Lt") ...
-tA-
o
o
o
o
Lt")
Lt") ...
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(J)
<:::t ...
-tA-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
T""'l
("\I
o
o
o
o
(V)
-tA-
l:J
Co
o
z
o
o
o
o
Lt")
-tA-
o
o
o
o
Lt")
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
Lt")
I"""-
\.0
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
U
T""'l
("\I
~
a:
o
l-
ce
>
ce
u
><
W
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
in
~
M
...,
RS
U
I..
o
...,
RS
>
RS
U
><
W
N
N
I"""-
\.0
\.0
\.0
T""'l
(V)...
-tA-
l:J
Co
o
z
o
o
o
o
T""'l
<:::t ...
-tA-
o
o
o
o
CO
(V)...
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
<:::t ...
-tA-
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
("\I
("\I
o
o
o
o
Lt")
(J)'"
-tA-
l:J
Co
o
z
o
o
o
o
Lt")
("\I'"
T""'l
-tA-
o
o
o
o
I"""-
(J)'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\.0
(J)'"
-tA-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
("\I
("\I
o
o
o
o
Lt")
-tA-
l:J
Co
o
z
o
o
o
o
\.0
-tA-
o
o
o
o
o
T""'l'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
Lt")
I"""-
CO
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
("\I
("\I
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
o
M
M
...,
RS
U
I..
o
...,
RS
>
RS
U
><
W
M
N
I"""-
\.0
\.0
\.0
\.0
("\I'"
-tA-
l:J
Co
o
z
o
o
o
Lt")
T""'l
(V)...
-tA-
o
o
o
o
T""'l
(V)...
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Lt")
T""'l
(V)...
-tA-
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
(V)
("\I
o
o
o
o
o
CO'"
-tA-
l:J
Co
o
z
o
o
Lt")
I"""-
(V)
(J)'"
-tA-
o
o
o
o
(J)
1"""-'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Lt")
CO'"
-tA-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
(V)
("\I
o
o
o
o
(V)
-tA-
l:J
Co
o
z
o
o
o
o
\.0
-tA-
o
o
o
o
I"""-
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
Lt")
I"""-
CO
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
(V)
("\I
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
in
N
M
...,
RS
U
I..
o
...,
RS
>
RS
U
><
W
~
N
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
<:::t
("\I'"
-tA-
o
o
o
o
Lt")
("\I'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
<:::t
("\I'"
-tA-
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
<:::t
("\I
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Lt")
I"""-
\.0'"
-tA-
o
o
o
o
o
\.0'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
CO
Lt") ...
-tA-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
<:::t
("\I
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\.0
-tA-
o
o
o
o
I"""-
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
Lt")
("\I
I"""-
-tA-
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
<:::t
("\I
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
o
N
M
...,
RS
U
I..
o
...,
RS
>
RS
U
><
W
in
N
I"""-
\.0
\.0
\.0
\.0
T""'l
-tA-
o
o
o
o
T""'l
("\I'"
-tA-
o
o
o
o
o
("\I'"
-tA-
o
o
o
o
("\I
("\I'"
-tA-
o
o
o
Lt")
<:::t
("\I'"
-tA-
l:J
Co
o
z
o
o
o
o
CO
T""'l'"
-tA-
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
Lt")
("\I
o
o
o
o
o
Lt") ...
-tA-
o
o
o
o
(V)
-tA-
o
o
o
<:::t
\.0
Lt") ...
-tA-
o
o
o
o
(V)
-tA-
o
o
o
Lt")
I"""-
Lt") ...
-tA-
o
o
o
o
\.0
-tA-
o
o
o
o
("\I
Lt") ...
-tA-
o
o
o
o
Lt")
-tA-
o
o
o
(J)
(J)
<:::t ...
-tA-
o
o
o
T""'l
T""'l
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
<:::t ...
-tA-
o
o
Lt")
("\I
I"""-
-tA-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
Lt")
("\I
u
Lt")
("\I
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
I..
o
"tJ
s:
41
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
41
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
41
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
41
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
41
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
41
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
I..
41
~
fa
41
I..
.c
I~ ~
";.!!!
fa u 2
I.. ro
~:!: c:t.
.s:...., ~
.s: 'I- <IJ
...., <IJ
"i g $
...In
I..
0....
....,
fa
>
fa
U
><
W
\C)
N
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
\D
N
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
\D
N
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
\D
N
I..
41
~
fa
41
I..
.c
I~ ~
";.!!!
fa u 2
I.. ro
~:!: c:t.
.s:...., ~
.s: 'I- <IJ
...., <IJ
"i g $
...0
I..
OM
....,
fa
>
fa
U
><
W
I'
N
l:J
Co
o
z
o
o
L/')
\D
00
M'"
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
00
o::j' ...
*IT
l:J
Co
o
z
l:J
Co
o
z
ro
r--..
N
l:J
Co
o
z
l:J
Co
o
z
o
o
L/')
\D
M
0'"
T""'l
*IT
o
o
o
00
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
L/')
L/')
N
T""'l
T""'l
*IT
o
o
o
T""'l
T""'l
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
I..
41
0. -;
=? 41
..Y. I..
U .c
c::: I~ ~
~ ";.!!!
C fa U 2
o I.. ro
~ ~= ~
o .s: 'I- <U
co...., <IJ
~ "i g $
~ 1..... 0
<IJ 0 In
"~ 1U
(ij >
o G
><
w
..0
r--..
N
u
r--..
N
co
N
M
M
M
M
M
M'"
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
M
o::j' ...
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
00
N
o
o
o
o
o
0'"
T""'l
*IT
o
o
o
o
M
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
M
T""'l
T""'l
*IT
o
o
o
o
\D
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
s:
C.
0. .!
=? .:9
..Y.
U
c:::
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
o
I..
41
~ N....,
C :S~ ~
~ "i ~ c:t.
<IJ 0 fa >-
o N ::::I 32
CO M ~
~ 1U ~ $
~ u 0
<IJ
"~
(ij
o
..0
00
N
u
00
N
I..
o
....,
fa
>
fa
U
><
W
en
N
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
O't
N
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
O't
N
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
I..
o s:
o 41
I' 41
I' b
>cn
a: a;:
W s: lilt
ffi !E..... 2
w >< I ~
a: 41: >-
U ~ co 32
(J) I-M ~
~ ~ ~ $
o ;;
(J) ~ iii
U >
tn ":;
"0 41
tn
u
O't
N
o
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
o
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
o
M
u
o
M
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
I..
o s:
o GJ
0\ GJ
I' b
>'"
"i :
s:~
!E..-t 2
>< I ~
GJ: >-
~ aJ 32
I- M ~
~ ~ $
s: s:
GJ GJ
~iii
u >
tn ":;
"0 GJ
tn
.-t
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
,...-l
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
,...-l
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
I..
o
o
~ In
"C N
fa C
o ....
~ ~ ~ 2
t: ... GJ ~
o ~iii >-
~ fa > 32
ul :i ":; ~
~ ~ GJ $
u ""'"
::::) ~
a: ~...
I- u
~
I..
I-
u
,...-l
(V)
N
M
"
\.0
\.0
\.0
,...-l
N'"
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
(V)...
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
N
(V)...
~
ro
N
(V)
o
o
o
o
L/')
\.0'"
~
o
o
o
o
(V)
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(J)
,,'"
~
o
o
o
o
\.0
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
"
00'"
~
o
o
L/')
N
"
~
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
I..
0. 0
=? 0
..y. 0
u M
c::: C
~ ~ ~ 2
o ... GJ ro
~ ........_ c:t.
<IJ ~~ >-
~ :i ":; ~
~ t: GJ $
~ ~
"~ ~...
(ij U
o 2
I-
..0
N
(V)
U
N
(V)
M
M
"
\.0
\.0
\.0
,...-l
(V)...
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
(V)
(V)...
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
N
(V)...
~
ro
(V)
(V)
o
o
o
o
L/')
(J)'"
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(V)
00'"
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
"
00'"
~
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
(V)
(V)
o
o
o
o
(V)
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\.0
~
l:J
Co
o
z
l:J
Co
o
z
o
o
L/')
N
"
~
I..
0. 0
=? 0
..y. 0
u ~
c::: C
~
....
fa.... <IJ
B ~; ~
C ........-
~ ~ I~ ~
CO :i ~ ~
~ t: GJ $
~ 0
<IJ -........
"~ ~
(ij U
o 2
I-
u
(V)
(V)
~
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
"
o:::t ...
~
ro
o:::t
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/')
N'"
,...-l
~
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
o:::t
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
L/')
N
"
~
0.
=?
..y.
u
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
o:::t
(V)
fn
a:
W
D.
ce
a:
u
fn
....
s:
~
fa
>
":;
C'"
GJ
I..
o
M
N
\D
....
fa
U
I..
GJ
C.
fa
I..
U
tn
In
M
"
\.0
\.0
\.0
\.0
(V)...
~
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
N
L/') ...
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
L/')
(V)
o
o
o
o
o
,...-l
,...-l
~
o
o
o
o
(V)
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/')
"
N'"
,...-l
~
o
o
o
o
00
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..y.
u
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
L/')
(V)
u
L/')
(V)
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
"_ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
...,
s:
~
RS
>
"5
C'"
GJ
I..
o
.....
N
\0
...,
RS
U
I..
GJ
C.
RS
I..
U
tn
\0
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
\.0
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
\.0
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
\.0
(V)
o 0
o 0
o 0
o 0
l.J) l.J)
('\I'" r--.. ...
*IT *IT
l:J l:J
Co Co
o 0
z z
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
...,
s:
~
RS
>
"5
C'"
GJ
I..
o
in
.....
\0
...,
RS
U
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
GJ
C.
RS
I..
U
tn
I'
M
ro
r--..
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
r--..
(V)
o
o
o
o
(V)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
r--..
(V)
...,
s:
~
RS
>
"5
C'"
GJ
I..
o
M
.....
\0
...,
RS
U
I..
GJ
C.
RS
I..
U
tn
co
M
r--..
\.0
\.0
\.0
,...-l
('\I'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
00
(V)
o
o
o
o
l.J)
\.0'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
00
(V)
o
o
o
o
(V)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
00
(V)
~
a:
W
c
ce
o
...I
~
U
ce
a:
I-
...,
s:
GJ
;a
"~
::::I
C'"
GJ
I..
o
M
I'
en
...,
RS
U
I..
GJ
"tJ
RS
o
...J
~
U
RS
I..
....
en
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
Cl'
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
Cl'
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
Cl'
(V)
...,
s:
GJ
;a
"~
::::I
C'"
GJ
I..
o
M
\0
en
...,
RS
U
I..
GJ
"tJ
RS
o
...J
~
U
RS
I..
....
o
~
r--..
\.0
\.0
\.0
,...-l
('\I'"
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(V)
('\I'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
o
""'"
o
o
o
o
l.J)
\.0'"
*IT
o
o
o
o
(V)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\.0
\.0'"
*IT
o
o
o
l.J)
l.J)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
o
""'"
u
o
""'"
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
...,
s:
GJ
iii
.~
::::I
cr
GJ
I..
o
M
in
0\
...,
RS
U
I..
GJ
"tJ
RS
o
...J
~
U
RS
I..
....
....
~
"
\0
\0
\0
\0
,...-I'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
,...-I
""'"
o
o
o
o
o
Ll)'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
,...-I
""'"
o
o
o
o
(V)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
,...-I
""'"
~
a:
o
I-
U
ce
D.
~
o
u
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
in
N
CO
...,
RS
U
I..
o
...,
U
RS
C.
E
o
u
N
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
('oJ
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
('oJ
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
('oJ
""'"
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
in
....
CO
...,
RS
U
I..
o
...,
U
RS
C.
E
o
u
M
~
o
o
o
o
Ll)
('oJ'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
(V)
""'"
o
o
o
o
Ll)
,,'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
(V)
""'"
o
o
o
o
(V)
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
(V)
""'"
...,
s:
GJ
iii
.~
::::I
cr
GJ
I..
o
M
\0
in
C.
U
...,
RS
U
I..
o
...,
U
RS
C.
E
o
u
~
~
"
\0
\0
\0
,...-I
,...-I'"
*IT
l:J
Co
o
z
o
o
o
o
Ll)
,...-I'"
*IT
o
o
o
Ll)
""'"
,...-I'"
*IT
o
o
Ll)
Ll)
"
,...-I'"
*IT
l:J
Co
o
z
o
o
o
o
('oJ
,...-I'"
*IT
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
""'"
""'"
o
o
o
o
Ll)
(V)...
*IT
l:J
Co
o
z
o
o
o
o
Ll)
""'"...
*IT
o
o
o
o
Ll)
(V)...
*IT
o
o
Ll)
('oJ
CO
(V)...
*IT
l:J
Co
o
z
o
o
o
o
""'"
(V)...
*IT
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
""'"
""'"
o
o
o
o
(V)
*IT
l:J
Co
o
z
o
o
o
o
\0
*IT
o
o
o
o
Ll)
*IT
o
o
o
,...-I
,...-I
*IT
l:J
Co
o
z
o
o
Ll)
"
\0
*IT
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
""'"
""'"
...,
s:
~
RS
.~
::::I
cr
GJ
I..
o
M
\0
in
tn
U
...,
RS
U
I..
o
...,
U
RS
C.
E
o
u
in
~
"
\0
\0
\0
,...-I
,...-I'"
*IT
l:J
Co
o
z
o
o
o
o
Ll)
,...-I'"
*IT
o
o
o
Ll)
""'"
,...-I'"
*IT
o
o
Ll)
""'"
Ll)
,...-I'"
*IT
l:J
Co
o
z
o
o
Ll)
"
,...-I
,...-I'"
*IT
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
Ll)
""'"
o
o
o
o
Ll)
(V)...
*IT
o
o
o
o
(V)
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
""'"...
*IT
o
o
o
o
\0
*IT
o
o
o
o
Ll)
(V)...
*IT
o
o
o
o
Ll)
*IT
o
o
o
0"1
"
(V)...
*IT
o
o
o
,...-I
,...-I
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
,...-I
(V)...
*IT
o
o
Ll)
"
\0
*IT
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
Ll)
""'"
u
Ll)
""'"
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
C
41
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
C
41
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
C
41
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
C
41
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
C
41
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
C
41
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
I..
o
,......., M
"C .....
fa \0
o ...,
a: IU
I U
t:
o
~
.........
"tJ..., <IJ
IU C 10
(J) ~ ~ c:t.
Z I IU >-
o t:.~ 32
~ 0::::1 <IJ
ce""'" <IJ
~ $
a:
W
l-
ce
~
c'" 41
o
~
IU
3:
I..
41
...,
IU
3:
\0
~
o
o
o
o
Ll)
("\I ...
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
(V')
("\I ...
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
ro
1.0
""'"
o
o
o
o
Ll)
r--.. ...
-vl-
o
o
o
o
(V')
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
1.0'"
-vl-
o
o
o
o
1.0
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
I..
o
in
0. N
=? c
..Y. ...,
u IU
c:: U
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
~ .........
"tJ..., <IJ
C IUC 10
~ ~~ c:t.
<IJ I IU >-
o t:.~ 32
CO ~::::I ~
~ $
~
<IJ
"~
(ij
o
..0
1.0
""'"
u
1.0
""'"
C'" 41
o
~
IU
3:
I..
41
...,
IU
3:
I'
~
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
ro
r--..
""'"
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
r--..
""'"
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
iii
~
o
o
o
(J) N'"
~
U,......., .........
::::)"C "tJ
a: fa ~
I- ~ ~
a: I C
W C 0
I- 0 ......,
ce ~ ~
~ ~
I..
....
I..
41
...,
IU
3:
u
r--..
""'"
CD
~
r--..
1.0
1.0
1.0
1.0
-vl-
o
o
Ll)
,...-I
r--..
-vl-
o
o
o
o
""'"...
,...-I
-vl-
l:J
i:o
o
z
o 0
o 0
0"'1 Ll)
Ll) ("\I
,...-I 0"'1
,...-I ... ("\I ...
-vl- -vl-
l:J l:J
i:o i:o
o 0
z z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
00
""'"
o
o
o
o
o
("\I ...
-vl-
o
o
o
o
("\I
("\I ...
-vl-
o
o
o
o
Ll)
(V') ...
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
00
""'"
o
o
o
o
(V')
-vl-
o
o
o
00
-vl-
l:J
<IJ
l:J
:J
U
t5
l:J
i:o
o
z
o
o
o
,...-I
,...-I
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
00
""'"
iii
~
o
o
o
~...
.........
"tJ
IU
o
~
I
C
o
......,
~
U
::::I
I..
....
I..
41
...,
IU
3:
en
~
(V')
(V')
(V')
(V')
(V')
,...-I'"
-vl-
o
o
o
Ll)
1.0
,...-I
-vl-
o
o
o
o
Ll)
("\I ...
-vl-
l:J
i:o
o
z
o
o
Ll)
o
("\I
,...-I'"
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
0"'1
""'"
o
o
o
o
o
""'"...
-vl-
o
o
1.0
o
""'"
""'"...
-vl-
o
o
o
Ll)
("\I
1.0'"
-vl-
l:J
i:o
o
z
o
o
o
0"'1
""'"
(V') ...
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
0"'1
""'"
o
o
o
o
(V')
-vl-
o
o
o
o
(V')
-vl-
l:J
<IJ
l:J
:J
U
t5
l:J
i:o
o
z
o
o
o
,...-I
,...-I
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
I..
o
~
(J) 0
a: 0
W .....
...I ~
~ ~ ~ ~
~ r:a iii c:t.
a: I......~ ~
........ 41::::1 <IJ
(J) U <IJ
a: > 41 $
W u
>< 41
..... ~
~ ~
41
.~
~
u
0"'1
""'"
o
in
r--..
1.0
1.0
1.0
1.0
("\I ...
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
ro
o
Ll)
o
o
o
o
o
00'"
-vl-
o
o
o
o
(V')
-vl-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
o
Ll)
u
o
Ll)
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
...,
s:
~
RS
.~
::s
C'"
GJ
I..
o
in
N
M
.....
~
~
I..
GJ
U
>
U
GJ
~
........
I..
GJ
.~
~
....
in
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
,...-I
1.0
o
o 0
o 0
o 0
o 0
,...-I (V)
,...-I -vr
-vr
l:J l:J
Co Co
o 0
z z
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
,...-I
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
,...-I
1.0
...,
s:
~
RS
.~
::s
C'"
GJ
I..
o
o
o
in
.....
~
~
I..
GJ
U
>
U
GJ
~
........
I..
GJ
.~
~
N
in
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
('oJ
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
('oJ
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
('oJ
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
W ~
Z I
..... ...,
:::I: \I-
U c:1J
ce ~
~ s:
z"5 <IJ
3: RS 10
o ~ c:t.
C ~ ~ ~
> 0 <IJ
ce C <IJ
...I > $
I RS
I- ...J
...I I
ce ~
:::I: RS
D. .s:
U') c.
ce ~
M
in
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
1.0
(V)...
-vr
ro
(V)
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
1.0
00'"
-vr
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
(V)
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
1.0
I"""-
\D
-vr
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
(V)
1.0
U')
a:
W
...I
...I
o
a:
I-
...I
ce
:::I:
D.
U')
ce
l:J l:J l:J
Co Co Co
000
Z Z Z
o 0
000
1.0 0 0
,...-100
(V) (V) 00
,...-I'" (v)... -vr
-vr -vr
l:J l:J l:J
Co Co Co
000
Z Z Z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
s:
o
...,
en
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
I..
~
"0
~
~
RS
.s:
c.
~
<C
~
in
ro
"""
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
..0
"""
1.0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
"""
1.0
s:
o
...,
N
....
I..
~
"0
~
~
RS
.s:
c.
~
<C
in
in
(V)
(V)
(V)
(V)
00
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
1.0
1.0
o
o
o
o
1.0
('oJ'"
-vr
o
o
o
o
(V)
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:E
0.
=?
..Y.
U
c:::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
..0
1.0
1.0
U
1.0
1.0
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
(J)
W
Z
.....
:::I:
U
ce
~
~
Z
.....
...I
...I
.....
~
I-
...I
ce
:::I:
D.
(J)
ce
r>>
s:
.s:
u
ftJ
~"tJ
D~
IE .s:
~
~;
~
ftJ
.s:
c.
tn
<C
\C)
in
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
1.0
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
1.0
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
1.0
Lt")
r>>
s:
.s:
u
ftJ
~"tJ
D~
IE .s:
~
~;
~
ftJ
.s:
c.
tn
<C
I'
in
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
r--..
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
r--..
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
r--..
Lt")
(J)
~
U
::::)
a:
I-
~
o
o
a:
m
....
s:
.!
ftJ
I~
::::s
cr
GJ
I..
o
E
o
o
I..
I:C
o
in
M
..,
~
~
u
o
I..
I:C
CD
in
l:J
i:o
o
z
o
o
Lt")
1.0
r--..
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
1.0
-VI-
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
ro
00
Lt")
l:J
i:o
o
z
o
o
o
00
o
N'"
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
Lt")
r--..
T""'l'"
-VI-
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
..0
00
Lt")
l:J
i:o
o
z
o
o
o
00
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
1.0
-VI-
o
+-J
+-J
C
0. <IJ
=? E
..Y. ...c
u u
c:: .r3
+-J
ro
~
C E <IJ
o 0 U
+-J 0";::
~ ..0
o
CO
o
u..
~
<IJ
"~
(ij
o
u
00
Lt")
<IJ
+-J
ro
c:t.
>-
l.... <IJ 32
<IJ (J) <IJ
+-J ro <IJ
~..o
O'l $
l:J
l:J
<C
C
o
:.j:j
0.
o
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
:c
+-J
C
o
:::E
(J) I.. tn
W otn <IJ
o ~.!u ~
:::I: 0 c:t.
~ CD ~
U in.s: ro
ce GJin 0
m ~ CD
U
I
....
s:
.!
ftJ
I~
::::s
cr
GJ
r>>
o
.s:
~
u
ftJ
I:C
en
in
l:J
i:o
o
z
o
o
o
N
N
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
0"
00
N
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
ro
0"
Lt")
o
o
o
o
1.0
-VI-
o
o
Lt")
N
1.0
-VI-
o
o
o
o
00
-VI-
l:J
i:o
o
z
o
o
Lt")
0"
00
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
..0
0"
Lt")
o
o
o
o
00
T""'l'"
-VI-
o
o
o
o
(V')
-VI-
o
o
1.0
(V')
Lt")
T""'l
-VI-
o
o
o
00
-VI-
o
o
o
o
N
N'"
-VI-
o
o
o
o
""'"
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
o
o
Lt")
0"
""'"
T""'l'"
-VI-
o
o
o
T""'l
T""'l
-VI-
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
u
0"
Lt")
l:J
0"
Lt")
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
I..
o
"tJ
s:
GJ
>
+-J
C
c:t. <IJ
~ ~ ci
" u
CO :J
0-
W
I..
o
"tJ
s:
GJ
>
+-J
C
<IJ
c:t.
(J)
C
o
~
ro
Z
I..
o
"tJ
s:
GJ
>
+-J
C
~ <IJ
.a ~ ci
:J" U
u.. ~
W
I.. ~
o l:J (J) >- <IJ
"tJ ~.r3C ~ ...cC
; c<IJ<lJu
> ::> c:t. I ~
I..
o
"tJ
s:
GJ
>
+-J
C
l:J(J}~
<IJ ro
~ ~ ~
::> ~ ~
<IJ
19
I..
o
"tJ
s:
GJ
>
~ou
....J(J}t5
>- 0 (J}'"
<IJ ...c ro
C u X
8Z~
I..
o
"tJ
s:
GJ
>
+-J
C
o <IJ
U E .
E 0. 0
0" U
c:t. :J
0-
W
X
I-
l....
<IJ
<IJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
<IJ
:J
W
X
I-
...c ...
1:
o
$
~
u..
X
I-
C
o
+-J
C
<IJ
o
X
I-
ci)
C
>
l....
........
X
I-
(J) ...
ro
ro
o
(J)
(J)
<IJ
C
"(j)
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
c...
I
...,
s:
~
RS
"5 B
g~
>
0=
:[~
0-"""
0\ <<n
Ln <<n
~~
RS C.
U.s:
ai"Ln
oeo
.s:
~
u
RS
I:C
o
\C
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
T""'l
(V)
-vr
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
ro
o
ro
o
\D
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.t)
co
-vr
l:J
Co
o
z
o
o
l.t)
(J"I
co
-vr
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
..0
o
\D
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.t)
N'"
-vr
l:J
Co
o
z
o
o
l.t)
""'"
\D
T""'l'"
-vr
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
u
o
\D
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
""'"
-vr
l:J
Co
o
z
o
o
o
T""'l
T""'l
-vr
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
l:J
o
\D
Gi
u
"i:
c.
GJ
<<n
RS
~
GJ
o
.s:
~
u
RS
~
o
...,
"tJ
GJ
"tJ
"tJ
RS
<<n
s:
o
~
c.
o
....
\C
0'1
C
C
o
E
l:J
C
o
U
l....
ro
...c
~
3:
..0
ro
u
l:J
l:J
<C
ro
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
ro
o
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
N
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.t)
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
:c
+-J
C
o
:::E
<IJ
>
";::
l:J
(ij
<IJ
...c
3:
oJ-
l:J
l:J
<C
..0
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
ro
o
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.t)
T""'l
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.t)
(V)
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
:c
+-J
C
o
:::E
"Ql
l:J
ro
l:J
C
<IJ
+-J
X
<IJ
l:J
l:J
<C
u
l:J
Co
o
z
o
l.t)
N
N
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
ro
o
l:J
Co
o
z
o
l.t)
"
""'"
-vr
o
o
o
l.t)
T""'l
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
l:J
Co
o
z
o
l.t)
"
\D
-vr
o
o
o
l.t)
(V)
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
:c
+-J
C
o
:::E
tn
a:
W
W
I-
tn
C
.....
~
tn
...,
s:
~
RS
I~
:J
C'"
GJ
I..
o
\C
....
N
...,
RS
U
I..
GJ
GJ
...,
<<n
"tJ
:i
In
N
\C
l:J
Co
o
z
o
o
(V)
\D
T""'l
-vr
o
o
o
o
N
-vr
l:J
Co
o
z
o
o
o
\D
T""'l
-vr
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
ro
o
ro
N
\D
l:J
Co
o
z
o
o
l.t)
T""'l
l.t)
-vr
o
o
o
l.t)
l.t)
-vr
l:J
Co
o
z
o
o
l.t)
\D
l.t)
-vr
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
>-
32
<IJ
<IJ
$
..0
N
\D
l:J
Co
o
z
l:J
Co
o
z
o
o
l.t)
T""'l
o
T""'l
-vr
o
o
o
co
-vr
o
o
o
l.t)
""'"...
T""'l
-vr
o
o
o
l.t)
N
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
o
(J"I
o
T""'l'"
-vr
o
o
o
l.t)
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
<IJ
+-J
ro
c:t.
~
...c
+-J
C
o
:::E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
u..
~
<IJ
"~
(ij
o
U
N
\D
l:J
N
\D
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
+-J
C
<IJ
E .
0.0
"- U
:J
0-
W
+-J
C
<IJ
~
(J)
C
o
:.j:j
ro
Z
+-J
C
<IJ
E .
0.0
"- U
:J
0-
W
~
~ >- <IJ
~~~
<IJ <IJ U
~Iro
:E
+-J
C
~~
ro
~ ~
<IJ <IJ
~ C
<IJ
19
'0 u
.s
(J) ...
ro
X
<IJ
I-
+-J
C
o <IJ
U E .
E 0. 0
0"- U
~ :J
0-
W
X
I-
l....
~
OJ
~
X
I-
c'"
o
+-J
C
<IJ
o
X
I-
(J) ...
(J)
~
:J
W
X
I-
..r::....
1:
o
$
~
l.L.
X
I-
c
o
+-J
C
<IJ
o
X
I-
ci)
c
>
5
X
I-
(J) ...
~
co
o
(J)
(J)
<IJ
C
"(j)
:J
CCl
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
c
";::
c...
...,
c:
~
fa
.~
::::I
cr
GJ
I..
o
\C)
N
N
...,
fa
U
I..
GJ
GJ
...,
'"
"tJ
:i!
tn
M
\C)
"'0
co
o
z
o
o
(V)
\D
T""'l
-tA-
o
o
l.{)
N
N
-tA-
"'0
co
o
z
o
o
o
\D
T""'l
-tA-
o
o
o
l.{)
T""'l
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
~
ro
o
ro
(V)
\D
"'0
co
o
z
o
o
l.{)
T""'l
l.{)
-tA-
o
o
o
o
\D
-tA-
"'0
co
o
z
o
o
l.{)
\D
l.{)
-tA-
o
o
o
l.{)
""'"
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
>-
32
<IJ
<IJ
$
..0
(V)
\D
"'0
co
o
z
o
o
l.{)
T""'l
o
T""'l
-tA-
o
o
o
l.{)
l.{)
T""'l
-tA-
"'0
co
o
z
o
o
o
0"1
o
T""'l'"
-tA-
o
o
o
l.{)
(V)
T""'l
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
~
..r::.
+-J
c
o
:E
U
(V)
\D
"'0
co
o
z
a
a
a
co
-tA-
a
a
a
l.{)
N
-tA-
"'0
co
o
z
a
a
a
l.{)
-tA-
a
a
a
(V)
T""'l
-tA-
"'0
co
o
z
0.
=?
..Y.
U
c::
~
c
o
+-J
C
<IJ
o
CCl
o
l.L.
~
<IJ
"~
OJ
o
"'0
(V)
\D
...,
c:
~
fa
.~
::::I
cr
GJ
I..
o
\C)
M
N
...,
fa
U
I..
GJ
GJ
...,
'"
"tJ
:i!
tn
~
\C)
"'0
co
o
z
o
o
o
o
N
-tA-
o
a
a
l.{)
N
-tA-
"'0
co
o
z
a
o
l.{)
l.{)
N
-tA-
o
o
l.{)
l.{)
T""'l
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
~
ro
o
ro
""'"
\D
"'0
co
o
z
o
o
o
""'"
\D
-tA-
o
a
a
l.{)
\D
-tA-
"'0
co
o
z
a
o
l.{)
co
I"""-
-tA-
o
o
l.{)
\D
""'"
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
>-
32
<IJ
<IJ
$
..0
""'"
\D
"'0
co
o
z
o
o
l.{)
T""'l
I"""-
T""'l
-tA-
o
o
o
l.{)
\D
T""'l
-tA-
"'0
co
o
z
o
o
l.{)
l"""-
N
T""'l'"
-tA-
o
o
l.{)
0"1
(V)
T""'l
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
~
..r::.
+-J
c
o
:E
U
""'"
\D
"'0
co
o
z
o
o
o
co
-tA-
o
o
o
l.{)
N
-tA-
"'0
co
o
z
o
o
o
l.{)
-tA-
o
o
o
(V)
T""'l
-tA-
"'0
co
o
z
0.
=?
..Y.
U
c::
~
c
o
+-J
C
<IJ
o
CCl
o
l.L.
~
<IJ
"~
OJ
o
"'0
""'"
\D
...,
c:
~
fa
.~
::::I
cr
GJ
I..
o
\C)
~
N
...,
fa
U
I..
GJ
GJ
...,
'"
"tJ
:i!
tn
in
\C)
"'0
co
o
z
o
o
o
0"1
(V)
-tA-
o
o
o
l.{)
N
-tA-
"'0
co
o
z
o
o
l.{)
l.{)
N
-tA-
o
o
l.{)
\D
T""'l
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
~
ro
o
ro
l.{)
\D
"'0
co
o
z
a
a
a
T""'l
a
T""'l
-tA-
a
a
a
l.{)
\D
-tA-
"'0
co
o
z
a
a
l.{)
co
I"""-
-tA-
a
a
l.{)
0"1
""'"
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
>-
32
<IJ
<IJ
$
..0
l.{)
\D
"'0
co
o
z
a
a
l.{)
T""'l
l"""-
N'"
-tA-
a
a
a
l.{)
\D
T""'l
-tA-
"'0
co
o
z
a
a
l.{)
l"""-
N
T""'l'"
-tA-
a
a
l.{)
co
""'"...
T""'l
-tA-
"'0
co
o
z
<IJ
+-J
ro
~
~
..r::.
+-J
c
o
:E
U
l.{)
\D
"'0
co
o
z
a
o
o
co
-tA-
>-
ro
"'0
T""'l
o
a
a
l.{)
N
-tA-
"'0
~
:J
0-
~
(J)
<C
"'0
co
o
z
o
o
o
l.{)
-tA-
>-
ro
"'0
T""'l
o
a
a
(V)
T""'l
-tA-
(J)
>-
ro
"'0
N
"'0
co
o
z
(J)
>-
ro
"'0
N
0.
=?
..Y.
U
c::
~
c
o
+-J
C
<IJ
o
CCl
o
l.L.
~
<IJ
"~
OJ
o
E
e
\I-
(J)
>-
ro
"'0
"'0
l.{)
\D
C
<IJ
"'0
ro
E
<IJ L
..0 <IJ
c"E
ro 0
U\I-
>-0
l.... +-J
<IJ 0.
"~ "(jj
~ ~
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ .- U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
U
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
U')
a:
W
N
o
C
>-
..0
(J}l:J
._ ro
+-J..Q
..c. ~
OlU
.- :J
aJ l....
L.t+-J
*
...,
s::
~
ftJ
.~
::::s
e-
GJ
~
o
o
.....
e
...,
ftJ
U
~
GJ
N
o
e
.....
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
o
o
o
o
Ll)
,,'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
,...-I
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
o
o
o
o
Ll)
C"\J'"
C"\J
-YT
o
o
o
o
Ll)
\D'"
C"\J
-YT
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
,...-I
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
o
o
o
o
o
o:::t ...
-YT
o
o
o
o
o
M'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
~
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
,...-I
...,
s::
~
ftJ
.~
::::s
e-
GJ
~
o
en
e
...,
ftJ
U
~
GJ
N
o
e
N
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
o
o
o
o
Ll)
Ll)'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
C"\J
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
o
o
o
o
o
\D'"
,...-I
-YT
o
o
o
o
Ll)
00'"
,...-I
-YT
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
C"\J
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
o
o
o
o
o
o:::t ...
-YT
o
o
o
o
o
C"\J'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
~
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
C"\J
...,
s::
~
ftJ
.~
::::s
e-
GJ
~
o
GO
e
...,
ftJ
U
~
GJ
N
o
e
M
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
o:::t ...
-YT
o
o
o
o
o
o:::t ...
-YT
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
M
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
C"\J'"
,...-I
-YT
o
o
o
o
o
C"\J'"
,...-I
-YT
o
o
o
o
o
o:::t ...
,...-I
-YT
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
M
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
,...-I
,...-I
-YT
o
o
o
Ll)
"
-YT
o
o
o
o
Ll)
,...-I'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
~
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
M
...,
s::
~
ftJ
.~
::::s
e-
GJ
~
o
l"-
e
...,
ftJ
U
~
GJ
N
o
e
~
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
M'"
-YT
o
o
o
o
00
C"\J'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
o:::t
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
CJ"I ...
-YT
o
o
o
o
o:::t
00'"
-YT
o
o
o
o
o
0'"
,...-I
-YT
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
o:::t
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
o
,...-I
-YT
o
o
o
Ll)
"
-YT
o
o
o
o
o
,...-I'"
-YT
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
~
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
o:::t
...,
s::
~
ftJ
.~
::::s
e-
GJ
~
o
l"-
e
...,
ftJ
U
D.
~
...J
~
GJ
N
o
e
it)
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
Ll)
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
[Q
o
z
l:J
[Q
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
~
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
Ll)
U
Ll)
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I-
o
"tJ
s:
GJ
>
>- ..c....
l.... +-J
(]J (]J l....
ceO a..
cu..c.$....J
CCI ~ 1:
:E~
I-
o
"tJ
s:
GJ
>
I-
o
"tJ
s:
GJ
>
l:J +-J
o C
o (]J
~ ~ ci
(]J .- U
l:J :J
C 0-
=:>w
I-
o
"tJ
s:
GJ
>
+-J
C
o (]J
~ ~ ci
~.S U
0-
W
I-
o
"tJ
s:
GJ
>
I-
o
"tJ
s:
GJ
>
~ e-
N (]J 0
1:EU
(]J .9- ro
I :J +-J
o-C
W~
I-
o
"tJ
s:
GJ
>
ro+-J
+-J c
c (]J
~ ~ ci
:j:j .- U
C :J
o 0-
UW
z
o
.....
t-
o.
.....
a:
u
tn
w
Q
ci
z
cu
+-J
C
(]J
~
tl::
(]J
Z
+-J
cu
U
+-J
o
I
><
I-
..c....
1:
o
$
~
l.L.
><
l-
S'"
cu
C
0'1
cu
(f)
><
I-
..c.
1:
o
$
~
l.L.
><
I-
ci)
c
~
><
I-
~...
>
.~
S
(]J
....J
><
I-
0'"
u
(J)
.;::
l.L.
><
I-
(J) ...
~
cu
o
(J)
(J)
(]J
c
.Vi
:J
CCI
\I-
o
(]J
u
cu
c:
(]J
0..
.u
c
.;::
a..
...,
s:
~
fa
.~
::::s
cr
GJ
I-
o
\0
Q
...,
fa
U
I-
GJ
N
o
Q
\0
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
l.{)
N'"
-ifT
o
o
o
l.{)
(V)
N'"
-ifT
l:J
CO
o
z
o
o
o
o
"
N'"
-ifT
o 0
o 0
o 0
o 0
l.{) 0"1
N'" \.0'"
-ifT -ifT
(]J
+-J
cu
~
>-
32
(]J
(]J
$
cu
\.0
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
l.{)
,,'"
-ifT
o
o
o
o
o
,,'"
-ifT
o
o
o
l.{)
"
,,'"
-ifT
o
o
o
o
(V)
,,'"
-ifT
(]J
+-J
cu
~
~
..c.
+-J
c
o
:E
..0
\.0
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
0"1
-ifT
o
o
o
l.{)
l.{)
-ifT
o
o
o
o
"
-ifT
o
o
o
o
l.{)
-ifT
o
o
o
""'"
"
-ifT
Q.
=?
..Y.
U
c:::
~
c
o
+-J
C
(]J
o
CCI
o
l.L.
C
(]J
.~
(ij
o
u
\.0
...,
s:
~
fa
.~
::::s
cr
GJ
I-
o
\0
Q
...,
fa
U
0.
~
...J
I-
GJ
N
o
Q
I'
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
CO
N'"
-ifT
o 0
o 0
o 0
o 0
l.{) 0"1
N'" \.0'"
-ifT -ifT
(]J
+-J
cu
~
>-
32
(]J
(]J
$
cu
"
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
o
o
o
l.{)
N
CO'"
-ifT
o
o
o
o
l.{)
,,'"
-ifT
(]J
+-J
cu
~
~
..c.
+-J
c
o
:E
..0
"
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
"
-ifT
o
o
o
o
l.{)
-ifT
o
o
o
""'"
"
-ifT
Q.
=?
..Y.
U
c:::
~
c
o
+-J
C
(]J
o
CCI
o
l.L.
C
(]J
.~
(ij
o
u
"
...,
s:
~
fa
.~
::::s
cr
GJ
I-
o
it)
Q
...,
fa
U
I-
GJ
N
o
Q
co
l:J
CO
o
z
o
o
o
l.{)
(V)
T""'l
-ifT
o
o
\.0
\.0
\.0
T""'l
-ifT
o
o
o
o
""'"
T""'l'"
-ifT
o
o
o
N
(V)
T""'l'"
-ifT
o
o
o
o
N
T""'l
-ifT
o 0
o 0
o 0
l.{) l.{)
N \.0
T""'l (V)...
-ifT -ifT
(]J
+-J
cu
~
>-
32
(]J
(]J
$
cu
CO
l:J
CO
o
z
o
o
o
l.{)
\.0
(V)...
-ifT
o
o
o
o
o
l.{) ...
-ifT
o
o
o
o
o
""'"...
-ifT
o
o
o
o
(V)
(V)...
-ifT
o
o
o
l.{)
T""'l
(V)...
-ifT
(]J
+-J
cu
~
~
..c.
+-J
c
o
:E
..0
CO
l:J
CO
o
z
o
o
o
0"1
-ifT
o
o
o
o
CO
-ifT
o
o
o
o
l.{)
-ifT
o
o
o
o
(V)
-ifT
o
o
o
CO
T""'l
-ifT
o
o
o
\.0
""'"
-ifT
Q.
=?
..Y.
U
c:::
~
c
o
+-J
C
(]J
o
CCI
o
l.L.
C
(]J
.~
(ij
o
u
CO
...,
s:
~
fa
.~
::::s
cr
GJ
I-
o
it)
Q
...,
fa
U
0.
~
...J
I-
GJ
N
o
Q
en
l:J
CO
o
z
o
o
o
o
l.{)
T""'l
-ifT
l:J
CO
o
z
l:J
CO
o
z
o
o
o
\.0
(V)
T""'l'"
-ifT
o
o
o
l.{)
N
T""'l
-ifT
o 0
o 0
o 0
l.{) l.{)
N \.0
T""'l (V)...
-ifT -ifT
(]J
+-J
cu
~
>-
32
(]J
(]J
$
cu
0"1
l:J
CO
o
z
o
o
l.{)
N
"
(V)...
-ifT
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
""'"
(V)...
-ifT
o
o
o
o
(V)
(V)...
-ifT
(]J
+-J
cu
~
~
..c.
+-J
c
o
:E
..0
0"1
l:J
CO
o
z
o
o
o
0"1
-ifT
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
(V)
-ifT
o
o
o
CO
T""'l
-ifT
o
o
o
\.0
""'"
-ifT
Q.
=?
..Y.
U
c:::
~
c
o
+-J
C
(]J
o
CCI
o
l.L.
C
(]J
.~
(ij
o
u
0"1
...,
s:
~
fa
.~
::::s
cr
GJ
I-
o
lilt
Q
...,
fa
U
I-
GJ
N
o
Q
o
.....
l:J
CO
o
z
o
o
o
o
o
T""'l
-ifT
l:J
CO
o
z
l:J
CO
o
z
o
o
o
N
T""'l
T""'l'"
-ifT
o
o
o
o
T""'l
T""'l
-ifT
o 0
o 0
o 0
l.{) l.{)
o "
T""'l N'"
-ifT -ifT
(]J
+-J
cu
~
>-
32
(]J
(]J
$
cu
o
T""'l
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
N
(V)...
-ifT
o
o
o
0"1
-ifT
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
l:J
CO
o
z
o
o
o
o
CO
N'"
-ifT
o
o
o
l.{)
T""'l
-ifT
o
o
o
l.{)
0"1
N'"
-ifT
o
o
o
"
T""'l
-ifT
o
o
o
o
""'"
-ifT
(]J
+-J
cu
~
~
..c.
+-J
c
o
:E
Q.
=?
..Y.
U
c:::
~
c
o
+-J
C
(]J
o
CCI
o
l.L.
C
(]J
.~
(ij
o
..0
o
T""'l
u
o
T""'l
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
I-
o
"tJ
s:
GJ
>
>- ..c....
l.... +-J
aJ ~ 0 c...
~:c3:-1
CCI ~ 1:
:E~
I-
o
"tJ
s:
GJ
>
ro
+-J
C
aJ
~
tl::
aJ
Z
I-
o
"tJ
s:
GJ
>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
I-
o
"tJ
s:
GJ
>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
I-
o
"tJ
s:
GJ
>
+-J
ro
U
+-J
o
I
I-
o
"tJ
s:
GJ
>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
I-
o
"tJ
s:
GJ
>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
-I
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
...,
s:
~
ftJ
.~
::s
cr
GJ
I-
o
lilt
C
...,
ftJ
U
C.
~
...J
I-
GJ
N
o
C
....
....
l:J
Co
o
z
o
o
o
o
("oJ
T""'l
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
\0
T""'l
T""'l'"
-tA-
o
o
o
Ll)
T""'l
T""'l
-tA-
o 0
o 0
o 0
Ll) Ll)
o "
T""'l ("oJ'"
-tA- -tA-
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
T""'l
T""'l
l:J
Co
o
z
o
o
o
o
""'"
(V)...
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
""
("oJ'"
-tA-
o
o
o
o
T""'l
(V)...
-tA-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
T""'l
T""'l
l:J
Co
o
z
o
o
o
""
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
T""'l
-tA-
o
o
o
"
T""'l
-tA-
o
o
o
o
""'"
-tA-
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
T""'l
T""'l
~
a:
W
c
ce
o
...I
...I
W
W
:::I:
~
...,
s:
~
ftJ
.~
::s
cr
GJ
I-
o
CO
CO
en
...,
ftJ
U
I-
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
N
....
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
Ll)'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
("oJ
T""'l
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
Ll)'"
T""'l
-tA-
o
o
o
o
o
\0'"
T""'l
-tA-
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
("oJ
T""'l
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
("oJ'"
-tA-
o
o
o
o
o
("oJ'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
("oJ
T""'l
...,
s:
~
ftJ
.~
::s
cr
GJ
I-
o
o
CO
en
...,
ftJ
U
I-
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
M
....
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
(V)...
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
(V)
T""'l
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
"
00'"
-tA-
o
o
o
o
Ll)
0'"
T""'l
-tA-
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
(V)
T""'l
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
"
-tA-
o
o
o
o
Ll)
T""'l'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
(V)
T""'l
...,
s:
~
ftJ
.~
::s
cr
GJ
I-
o
\0
\0
en
...,
ftJ
U
I-
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
lilt
....
o
o
o
o
o
(V)...
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
("oJ
("oJ'"
-tA-
l:J
Co
o
z
o
o
o
o
\0
("oJ'"
-tA-
o 0
o 0
o 0
o 0
o Ll)
""'"... ",,'"
-tA- -tA-
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
""'"
T""'l
o
o
o
o
("oJ
\0'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
\0'"
-tA-
o
o
o
o
o
,,'"
-tA-
o
o
o
o
T""'l
,,'"
-tA-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
""'"
T""'l
o
o
o
o
Ll)
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
Ll)
-tA-
o
o
o
o
T""'l
T""'l'"
-tA-
o
o
o
o
o
T""'l
-tA-
o
o
o
""'"
"
-tA-
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
""'"
T""'l
...,
s:
~
ftJ
.~
::s
cr
GJ
I-
o
N
\0
en
...,
ftJ
U
I-
GJ
"tJ
ftJ
o
...J
Gj
GJ
.s:
~
in
....
o
o
o
o
"
("oJ'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
("oJ
("oJ'"
-tA-
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
Ll)
T""'l
o
o
o
o
""
Ll)'"
-tA-
o
o
o
o
Ll)
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
\0'"
-tA-
o
o
o
o
o
T""'l'"
-tA-
o
o
o
o
Ll)
Ll)'"
-tA-
o
o
o
o
(V)
-tA-
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
Ll)
T""'l
u
Ll)
T""'l
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
o
o
o
o
N
N'"
-v1-
l:J l:J
Co Co
o 0
z z
o 0
o 0
o 0
o 0
o 0
N'" \D'"
-v1- -v1-
o 0
o 0
Ll) 0
" 0
00 Ll)
,...-I'" Ll)'"
-v1- -v1-
l:J
Co
o
z
o
o
Ll)
o
,...-I
N'"
-v1-
o 0
o 0
o 0
o 0
Ll) Ll)
N'" ,,'"
-v1- -v1-
...,
s::
~
fa
.~
::::I
cr
GJ
~
o
o
in
0\
...,
fa
U
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
~
GJ
"C
fa
o
...J
Gi
GJ
.s::
~
\C)
....
ro
\D
,...-I
o
o
o
o
00
'<:j' ...
-v1-
o
o
o
o
Ll)
Ll)'"
-v1-
o
o
o
o
00
'<:j' ...
-v1-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
\D
,...-I
o
o
o
o
Ll)
-v1-
l:J
Co
o
z
o
o
o
o
00
-v1-
o
o
o
Ll)
Ll)
-v1-
o
o
o
o
"
-v1-
o
o
o
00
N
-v1-
o
o
o
'<:j'
"
-v1-
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
\D
,...-I
o
o
o
o
0'\...
,...-I
-v1-
o 0
o 0
o 0
o 0
0'\... Ll)
,...-I Ll)'"
-v1- -v1-
o 0
o 0
\D 0
\D 0
\D 0
,...-I Ll)'"
-v1- -v1-
o 0
o 0
o 0
Ll) 0
M 0
,...-I ... '<:j' ...
-v1- -v1-
o
o
o
o
00
,...-I'"
-v1-
o
o
00
"
o
N'"
-v1-
o 0
o 0
o 0
Ll) Ll)
0'\... \D
,...-I '<:j' ...
-v1- -v1-
...,
s::
~
fa
.~
::::I
cr
GJ
~
o
CO
M
0\
...,
fa
U
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
~
GJ
"C
fa
o
...J
Gi
GJ
.s::
~
I'
....
ro
"
,...-I
o
o
o
o
N
'<:j' ...
-v1-
o
o
o
o
Ll)
'<:j' ...
-v1-
o
o
o
o
M
'<:j' ...
-v1-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
"
,...-I
o
o
o
o
Ll)
-v1-
o
o
o
o
N
-v1-
o
o
o
o
00
-v1-
o
o
o
Ll)
Ll)
-v1-
o
o
o
o
'<:j'
-v1-
o
o
o
\D
N
-v1-
o
o
o
'<:j'
"
-v1-
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
"
,...-I
o
o
o
o
Ll)
,...-I'"
-v1-
o 0
o 0
o 0
o Ll)
M \D
,...-I M'"
-v1- -v1-
l:J l:J
Co Co
o 0
z z
l:J l:J
Co Co
o 0
z z
o
o
o
'<:j'
'<:j'
,...-I'"
-v1-
o
o
N
'<:j'
00
,...-I
-v1-
o 0
o 0
o 0
o Ll)
00 M
,...-I '<:j' ...
-v1- -v1-
...,
s::
~
fa
.~
::::I
cr
GJ
~
o
CO
N
0\
...,
fa
U
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
~
GJ
"C
fa
o
...J
Gi
GJ
.s::
~
CO
....
ro
00
,...-I
o
o
o
o
\D
M'"
-v1-
o
o
o
o
\D
M'"
-v1-
o
o
o
o
0'\
M'"
-v1-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
00
,...-I
o
o
o
o
Ll)
-v1-
o
o
o
o
N
-v1-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
N
-v1-
o
o
o
M
N
-v1-
o
o
o
M
\D
-v1-
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
00
,...-I
o
o
o
o
M
,...-I'"
-v1-
o 0
o 0
o 0
o 0
N \D
,...-I M'"
-v1- -v1-
l:J l:J
Co Co
o 0
z z
l:J l:J
Co Co
o 0
z z
o
o
o
'<:j'
N
,...-I'"
-v1-
o
o
Ll)
o
\D
,...-I
-v1-
o 0
o 0
o 0
Ll) 0
M N
,...-I M'"
-v1- -v1-
...,
s::
~
fa
.~
::::I
cr
GJ
~
o
~
N
0\
...,
fa
U
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
~
GJ
"C
fa
o
...J
Gi
GJ
.s::
~
0\
....
ro
0'\
,...-I
o
o
o
o
o
M'"
-v1-
o
o
o
o
,...-I
M'"
-v1-
o
o
o
o
\D
M'"
-v1-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
0'\
,...-I
o
o
o
o
Ll)
-v1-
o
o
o
o
N
-v1-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
,...-I
-v1-
o
o
o
o
N
-v1-
o
o
o
M
\D
-v1-
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
0'\
,...-I
(J)
a:
W
c
ce
a:
~
a:
o
I-
o
~
o
o
o
M
Ll)
,...-I'"
-v1-
l:J l:J
Co Co
o 0
z z
l:J l:J
Co Co
o 0
z z
o 0
o 0
Ll) 0
" 0
\D 0
,...-I'" Ll)'"
-v1- -v1-
o 0
o 0
o 0
o 0
N Ll)
N'" Ll)'"
-v1- -v1-
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
...,
s::
~
fa
.~
::::I
cr
GJ
~
o
N
....
...,
fa
U
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
~
GJ
"C
fa
~
~
~
o
...,
o
~
o
N
ro
o
N
o
o
o
0'\
Ll)
'<:j' ...
-v1-
o
o
o
o
Ll)
-v1-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
Ll)
-v1-
o
o
o
o
'<:j'
-v1-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
o
N
u
o
N
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
...,
s::
GJ
iii
.~
::::I
cr
GJ
~
o
o
~
....
...,
RS
U
~
GJ
"C
RS
~
~
~
o
...,
o
~
....
N
l:J
Co
o
z
l:J
Co
o
z
o
o
(V)
(V)
00
T""'l
-ifT
o
o
o
l.t)
00
T""'l'"
-ifT
o
o
o
o
""'"
N'"
-ifT
l:J
Co
o
z
o
o
o
o
l.t)
N'"
-ifT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
T""'l
N
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.t)
l.t) ...
-ifT
o
o
o
o
l.t)
l.t) ...
-ifT
o
o
o
o
o
1.0'"
-ifT
l:J
Co
o
z
o
o
o
l.t)
0"1
l.t) ...
-ifT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
T""'l
N
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
00
-ifT
o
o
o
l.t)
l.t)
-ifT
o
o
o
o
l.t)
-ifT
l:J
Co
o
z
o
o
o
(V)
1.0
-ifT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
T""'l
N
~
a:
o
l-
ce
>
ce
u
><
W
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
in
~
M
...,
RS
U
~
o
...,
RS
>
RS
U
><
W
N
N
o
o
o
o
o
""'"...
-ifT
l:J
Co
o
z
o
o
o
o
o
""'"...
-ifT
o
o
l.t)
"
T""'l
(V)...
-ifT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.t)
""'"
""'"...
-ifT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
N
N
o
o
o
o
o
00'"
-ifT
l:J
Co
o
z
o
o
o
o
o
N'"
T""'l
-ifT
o
o
o
o
l.t)
0"1'"
-ifT
o
o
o
o
l.t)
T""'l
T""'l
-ifT
l:J
Co
o
z
o
o
o
o
l.t)
T""'l'"
T""'l
-ifT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
N
N
o
o
o
o
N
T""'l'"
-ifT
l:J
Co
o
z
o
o
o
o
(V)
T""'l
-ifT
o
o
o
l.t)
"
-ifT
o
o
o
o
o
N'"
-ifT
l:J
Co
o
z
o
o
o
(V)
1.0
-ifT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
N
N
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
o
M
M
...,
RS
U
~
o
...,
RS
>
RS
U
><
W
M
N
o
o
o
o
l.t)
(V)...
-ifT
o
o
o
o
l.t)
(V)...
-ifT
o
o
(V)
(V)
00
N'"
-ifT
o
o
o
l.t)
(V)
N'"
-ifT
l:J
Co
o
z
o
o
o
o
T""'l
(V)...
-ifT
o
o
o
o
00
(V)...
-ifT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
(V)
N
o
o
o
o
o
,,'"
-ifT
o
o
o
o
N
00'"
-ifT
o
o
o
o
l.t)
00'"
-ifT
o
o
o
l.t)
0"1
1.0'"
-ifT
o
o
o
o
o
,,'"
-ifT
o
o
o
o
(V)
,,'"
-ifT
o
o
o
l.t)
N
0"1'"
-ifT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
(V)
N
o
o
o
l.t)
"
-ifT
o
o
o
o
N
-ifT
o
o
o
o
0"1
-ifT
o
o
o
l.t)
"
-ifT
o
o
o
o
(V)
T""'l'"
-ifT
o
o
o
o
o
T""'l
-ifT
o
o
o
0"1
0"1
-ifT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
(V)
N
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
in
N
M
...,
RS
U
~
o
...,
RS
>
RS
U
><
W
~
N
o
o
o
o
T""'l
N'"
-ifT
o
o
o
o
l.t)
(V)...
-ifT
o
o
1.0
1.0
T""'l
N'"
-ifT
o
o
o
l.t)
0"1
T""'l'"
-ifT
l:J
Co
o
z
o
o
l.t)
""'"
(V)
N'"
-ifT
o
o
o
l.t)
T""'l
(V)...
-ifT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
""'"
N
o
o
o
o
N
l.t) ...
-ifT
o
o
o
o
N
00'"
-ifT
o
o
o
o
l.t)
1.0'"
-ifT
o
o
o
o
00
l.t) ...
-ifT
o
o
o
o
o
1.0'"
-ifT
o
o
l.t)
0"1
"
l.t) ...
-ifT
o
o
o
o
l.t)
,,'"
-ifT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
""'"
N
o
o
o
o
l.t)
-ifT
o
o
o
o
N
-ifT
o
o
o
l.t)
00
-ifT
o
o
o
l.t)
l.t)
-ifT
o
o
o
o
"
-ifT
o
o
o
o
(V)
-ifT
o
o
o
l.t)
o
T""'l
-ifT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
""'"
N
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
o
N
M
...,
RS
U
~
o
...,
RS
>
RS
U
><
W
in
N
o
o
o
o
1.0
T""'l'"
-ifT
o
o
o
o
o
N'"
-ifT
l:J
Co
o
z
o
o
l.t)
"
1.0
T""'l'"
-ifT
o
o
o
00
o
N'"
-ifT
o
o
"
00
""'"...
T""'l
-ifT
o
o
o
l.t)
0"1...
T""'l
-ifT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
l.t)
N
o
o
o
o
o
""'"...
-ifT
o
o
o
o
l.t)
-ifT
o
o
o
o
0"1
""'"...
-ifT
o
o
o
o
N
-ifT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.t)
"
""'"...
-ifT
o
o
o
l.t)
l.t)
-ifT
o
o
o
o
N
l.t) ...
-ifT
o
o
o
o
l.t)
-ifT
o
o
o
l.t)
N
""'"...
-ifT
o
o
o
l.t)
N
-ifT
o
o
o
o
0"1
""'"...
-ifT
o
o
o
1.0
1.0
-ifT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
l.t)
N
u
l.t)
N
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
o
o
o
o
00
N'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o 0
o 0
o 0
o 0
o L/")
(V') ... " ...
*IT *IT
o 0
o 0
N "
N (V')
T""'l 0
T""'l (V')...
*IT *IT
o 0
o 0
o 0
L/") 0
0"1... 0"1
T""'l o:::t ...
*IT *IT
~
GJ
~
fa
GJ
~
.c
I~ ~
";.!!!
fa u 2
~ ro
~:!: ~
.s::...., ~
.s:: 'I- aJ
...., aJ
"i g 3:
...In
~
0....
....,
fa
>
fa
U
><
W
\C)
N
ro
\.0
N
o
o
o
o
o
,,'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
\.0
N
o
o
o
o
L/")
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o:::t
*IT
o
o
o
0"1
T""'l
*IT
o
o
o
\.0
\.0
*IT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
\.0
N
~
GJ
~
fa
GJ
~
.c
I~ ~
";.!!!
fa u 2
~ ro
~:!: ~
.s::...., ~
.s:: 'I- aJ
...., aJ
"i g 3:
...0
~
OM
....,
fa
>
fa
U
><
W
I'
N
o
o
o
o
o
o:::t ...
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
L/")
"
N
o:::t ...
*IT
o
o
o
00
o
o:::t ...
*IT
o
o
o
N
L/")
N'"
*IT
l:J
Co
o
z
ro
"
N
o
o
o
o
\.0
00'"
*IT
o
o
o
o
L/")
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/")
N'"
T""'l
*IT
o
o
o
L/")
L/")
*IT
o
o
o
o
N
0'"
T""'l
*IT
o
o
o
L/")
L/")
*IT
o
o
o
0"1
N
\.0'"
*IT
o
o
o
(V')
N
*IT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
~
GJ
0. -;
=? GJ
..Y. ~
U .c
c::: I~ ~
ciS ";.!!!
C fa U 2
o ~ ro
~ ~= ~
o .s:: 'I- <U
CC1...., aJ
~ "i g 3:
C ~...o
aJ 0 In
.~ 1U
(ij >
o G
><
w
..0
"
N
u
"
N
co
N
o
o
o
o
L/")
o:::t ...
*IT
o
o
o
o
o
L/") ...
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
N
00
o
(V') ...
*IT
l:J
Co
o
z
ro
00
N
o
o
o
o
L/")
0"1'"
*IT
o
o
o
o
L/")
*IT
o
o
o
o
L/")
N'"
T""'l
*IT
o
o
o
o
N
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/")
(V') ...
T""'l
*IT
o
o
o
L/")
(V')
T""'l'"
*IT
o
o
o
T""'l
"
00'"
*IT
o
o
o
L/")
N
*IT
l:J
Co
o
z
l:J
Co
o
z
s::
C.
0. .!
=? .:9
..Y.
U
c:::
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
o
~
GJ
ciS N....,
C :S~ ~
~ "i ~ ~
aJ ofa >-
o N ::::I 32
CCI M ~
~ 1U ~ 3:
C u 0
aJ
.~
(ij
o
..0
00
N
u
00
N
~
o
....,
fa
>
fa
U
><
W
en
N
o
o
o
o
0"1
T""'l'"
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
L/")
"
\.0
T""'l'"
*IT
o
o
o
o
N
N'"
*IT
l:J
Co
o
z
o 0
o 0
o o:::t
T""'l \.0
\.0 N
N'" \.0'"
*IT *IT
ro
0"1
N
o
o
o
o
T""'l
L/") ...
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/")
"
o:::t ...
*IT
o
o
o
o
L/")
L/") ...
*IT
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
0"1
N
o
o
o
o
L/")
*IT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/")
L/")
*IT
o
o
o
o
L/")
*IT
l:J
Co
o
z
o
o
o
\.0
\.0
*IT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
~
o s::
o GJ
I' GJ
I' b
>cn
a: a;:
W s:: lilt
ffi !E..... 2
w >< I ~
a: GJ: >-
U ~ co 32
(J) I-M ~
~ ~ ~ 3:
o ~ ~
(J) ~ iii
U >
tn ":;
"0 GJ
tn
u
0"1
N
o
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/")
N'"
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
o
(V')
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/")
N
,,'"
*IT
o
o
o
L/")
L/")
*IT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
o
(V')
u
o
(V')
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
I-
o
"tJ
s:
GJ
>
>- ..c....
l.... +-J
aJ ~ 0 c...
~:c3:-1
CCI ~ 1:
:E~
I-
o
"tJ
s:
GJ
>
ro
+-J
C
aJ
~
tl::
aJ
Z
I-
o
"tJ
s:
GJ
>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
I-
o
"tJ
s:
GJ
>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
I-
o
"tJ
s:
GJ
>
+-J
ro
U
+-J
o
I
I-
o
"tJ
s:
GJ
>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
I-
o
"tJ
s:
GJ
>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
-I
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
I-
o s:
o GJ
0\ GJ
I' b
>'"
"i :
s:~
!E..-t 2
>< I ~
GJ: >-
~ aJ 32
I- M ~
~ ~ 3:
s: s:
GJ GJ
~iii
u >
tn ":;
"0 GJ
tn
.-t
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
,...-I
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
,...-I
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
,...-I
(V)
I-
o
o
~ In
"C N
fa C
o
a:
I
t:
o
~
....
~~
... GJ
.........-
"tJ nJ
nJ >
ul ~ ":;
~ ~ GJ
U ""'"
::::) ~
a: ~...
I- u
~
l-
I-
N
M
l:J
Co
o
z
l:J
Co
o
z
o
o
(V)
(V)
00
N'"
~
o
o
o
o
L/)
N'"
~
l:J
Co
o
z
o
o
o
o
\0
N'"
~
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
N
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/)
00'"
~
o
o
o
o
0"1
~
o
o
o
L/)
0"1
\0'"
~
o
o
o
L/)
L/)
~
o
o
o
o
L/)
,,'"
~
o
o
o
L/)
""'"
~
o
o
o
o
""'"
,,'"
~
o
o
o
o
o
,...-I
~
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
~ ~ ~ 2
o ... GJ ro
~ .........- ~
aJ ~ ~ >-
~ ~ ":; ~
~ t: GJ 3:
C ~
aJ
.~
(ij
o
..0
N
(V)
U
N
(V)
I-
o
o
o
M
C
~...
u
~
l-
I-
M
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
(V)...
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
(V)
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/)
"
00'"
~
o
o
o
o
o
0"1'"
~
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
(V)
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/)
L/)
~
o
o
o
L/)
\0
~
l:J
Co
o
z
l:J
Co
o
z
I-
0. 0
=? 0
..Y. 0
U ~
c::: C
ciS
....
nJ ....
B ~ ~
C .........-
~ ~ I~
CCI ~ ~
o ~ GJ
l.L. ""'"
C 0
aJ -........
.~
(ij
o
u
(V)
(V)
~
u
~
l-
I-
~
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/)
(V)...
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
""'"
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
L/)
0'"
,...-I
~
o
o
o
o
o
(V)...
,...-I
~
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
""'"
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
L/)
"
~
o
o
o
L/)
00
~
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
""'"
(V)
fn
a:
W
D.
ce
a:
u
fn
....
s:
~
nJ
>
":;
C'"
GJ
I-
o
M
N
\D
....
nJ
U
I-
GJ
C.
nJ
I-
U
tn
In
M
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
""'"...
~
o
o
o
o
L/)
""'"...
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
L/)
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
N'"
,...-I
~
o
o
o
o
(V)
,...-I
~
o
o
o
L/)
"
N'"
,...-I
~
o
o
o
L/)
"
~
o
o
o
o
o
L/)'"
,...-I
~
o
o
o
L/)
\0
,...-I'"
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
L/)
(V)
u
L/)
(V)
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
"_ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
...,
s::
~
RS
>
"5
C'"
GJ
~
o
.....
N
\0
...,
RS
U
~
GJ
C.
RS
~
u
tn
\0
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
l.{)
"
\0
(V)...
-ifT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
\0
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
,...-I
,...-I
-ifT
o
o
o
o
o
(V)...
,...-I
-ifT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
\0
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.{)
"
-ifT
o
o
o
o
l.{)
,...-I'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
\0
(V)
...,
s::
~
RS
>
"5
C'"
GJ
~
o
in
.....
\0
...,
RS
U
~
GJ
C.
RS
~
u
tn
I'
M
l:J
Co
o
z
l:J
Co
o
z
o
o
(V)
(V)
co
C"'J'"
-ifT
o
o
o
l.{)
co
C"'J'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
"
(V)
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.{)
co'"
-ifT
o
o
o
o
l.{)
co'"
-ifT
o
o
o
o
l.{)
0'"
,...-I
-ifT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
"
(V)
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
,...-I
-ifT
o
o
o
l.{)
l.{)
-ifT
o
o
o
o
C"'J
,...-I'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
"
(V)
...,
s::
~
RS
>
"5
C'"
GJ
~
o
M
.....
\0
...,
RS
U
~
GJ
C.
RS
~
u
tn
co
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
C"'J'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
co
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
\0'"
-ifT
o
o
o
o
l.{)
\0'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
co
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.{)
l.{)
-ifT
o
o
o
o
o
,...-I'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
co
(V)
~
a:
W
c
ce
o
...I
~
U
ce
a:
I-
...,
s::
GJ
;a
"~
::::I
C'"
GJ
~
o
M
I'
en
...,
RS
U
~
GJ
"C
RS
o
...J
~
U
RS
~
....
en
M
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
Cl'
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.{)
0'"
,...-I
-ifT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
Cl'
(V)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\0
-ifT
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
Cl'
(V)
...,
s::
GJ
;a
"~
::::I
C'"
GJ
~
o
M
\0
en
...,
RS
U
~
GJ
"C
RS
o
...J
~
U
RS
~
....
o
~
l:J
Co
o
z
l:J
Co
o
z
o
o
\0
\0
,...-I
C"'J'"
-ifT
o
o
l.{)
co
C"'J
C"'J'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
o
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.{)
\0'"
-ifT
o
o
o
o
Cl'
-ifT
o
o
o
l.{)
co
\0'"
-ifT
o
o
o
l.{)
l.{)
-ifT
o
o
o
o
l.{)
,,'"
-ifT
o
o
o
o
""'"
-ifT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
o
""'"
u
o
""'"
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
...,
s::
GJ
iii
.~
::::I
cr
GJ
~
o
M
in
0\
...,
RS
U
~
GJ
"C
RS
o
...J
~
U
RS
~
....
....
~
l:J
Co
o
z
l:J
Co
o
z
o
o
(V)
(V)
00
T""'l
-YT
o
o
o
l..O
00
T""'l'"
-YT
o
o
o
o
""'"
N'"
-YT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
T""'l
""'"
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l..O
l..O ...
-YT
o
o
o
o
l..O
l..O ...
-YT
o
o
o
o
o
1.0'"
-YT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
T""'l
""'"
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
00
-YT
o
o
o
l..O
l..O
-YT
o
o
o
o
(V)
-YT
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
T""'l
""'"
~
a:
o
I-
U
ce
D.
~
o
u
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
in
N
CO
...,
RS
U
~
o
...,
U
RS
C.
E
o
u
N
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
N
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
(V)...
T""'l
-YT
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
N
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(V)
T""'l'"
-YT
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
N
""'"
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
in
....
CO
...,
RS
U
~
o
...,
U
RS
C.
E
o
u
M
~
l:J
Co
o
z
l:J
Co
o
z
o
o
(V)
(V)
(V)
N'"
-YT
o
o
o
o
l..O
N'"
-YT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
(V)
""'"
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
,,'"
-YT
o
o
o
o
l..O
,,'"
-YT
o 0
o 0
o 0
o 0
l..O 0
00'" T""'l'"
-YT -YT
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
(V)
""'"
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
T""'l
T""'l
-YT
o
o
o
l..O
l..O
-YT
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
(V)
""'"
...,
s::
GJ
iii
.~
::::I
cr
GJ
~
o
M
\0
in
C.
U
...,
RS
U
~
o
...,
U
RS
C.
E
o
u
~
~
o
o
o
o
(V)
T""'l
-YT
o
o
l..O
"
N
T""'l
-YT
o
o
o
l..O
N
T""'l
-YT
o
o
l..O
00
o
T""'l'"
-YT
o
o
o
o
""'"
T""'l'"
-YT
o
o
"
(V)
N
T""'l
-YT
o
o
l..O
""'"
N
T""'l
-YT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
""'"
""'"
o
o
o
o
l..O
(V)...
-YT
o
o
o
o
"
(V)...
-YT
o
o
o
l..O
"
(V)...
-YT
o
o
o
l..O
N
(V)...
-YT
o
o
o
o
l..O
(V)...
-YT
o
o
l..O
"
en
N'"
-YT
o
o
o
l..O
"
(V)...
-YT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
""'"
""'"
o
o
o
o
l..O
-YT
o
o
o
en
-YT
o
o
o
l..O
"
-YT
o
o
o
l..O
l..O
-YT
o
o
l..O
"
N
-YT
o
o
o
(V)
N
-YT
o
o
o
o
1.0
-YT
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
""'"
""'"
...,
s::
~
RS
.~
::::I
cr
GJ
~
o
M
\0
in
tn
U
...,
RS
U
~
o
...,
U
RS
C.
E
o
u
in
~
o
o
o
o
(V)
T""'l
-YT
o
o
l..O
"
N
T""'l
-YT
o
o
o
l..O
N
T""'l
-YT
o
o
o
o
o
T""'l'"
-YT
o
o
o
o
""'"
T""'l'"
-YT
o
o
"
(V)
N
T""'l
-YT
o
o
o
l..O
N
T""'l
-YT
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
l..O
""'"
o
o
o
o
l..O
(V)...
-YT
o
o
o
o
l..O
-YT
o
o
o
o
"
(V)...
-YT
o
o
o
en
-YT
o
o
o
l..O
"
(V)...
-YT
o
o
o
l..O
"
-YT
o
o
o
o
o
(V)...
-YT
o
o
o
l..O
l..O
-YT
o
o
o
o
l..O
(V)...
-YT
o
o
l..O
"
N
-YT
o
o
l..O
"
en
N'"
-YT
o
o
o
(V)
N
-YT
o
o
o
l..O
"
(V)...
-YT
o
o
o
o
1.0
-YT
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
l..O
""'"
U
l..O
""'"
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
~
o
,......., M
"C .....
fa \0
o ...,
a: fa
I U
t:
o
~
.........
"C..., aJ
fa s:: 10
(J) ~ ~ ~
Z I fa >-
o t:.~ 32
~ 0::::1 aJ
ce""'" aJ
~ 3:
a:
W
l-
ce
~
s:: ... GJ
o
~
fa
3:
~
GJ
...,
fa
3:
\0
~
l:J
Co
o
z
l:J
Co
o
z
o
o
I..D
I..D
,...-I
C"\J'"
-YT
o
o
Ll)
"
,...-I
C"\J'"
-YT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
I..D
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
I..D ...
-YT
o
o
o
o
o
,...-I
-YT
o
o
o
o
Ll)
I..D ...
-YT
o
o
o
Ll)
Ll)
-YT
o 0
o 0
o 0
o 0
Ll) 0
,,'" ,...-I'"
-YT -YT
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
l:J
Co
o
z
~
o
in
0. N
=? c
..Y. ...,
u fa
c:: U
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
~ .........
"C..., aJ
C fa s:: 10
~ ~ ~ ~
aJ lfa >-
o t:.~ 32
CCI ~::::I ~
~ 3:
C
aJ
.~
(ij
o
..0
I..D
""'"
u
I..D
""'"
s:: ... GJ
o
~
fa
3:
~
GJ
...,
fa
3:
I'
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
Ll)
"
,...-I
C"\J'"
-YT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
"
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
I..D ...
-YT
o 0
o 0
o 0
o 0
Ll) 0
,,'" ,...-I'"
-YT -YT
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
"
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
Ll)
Ll)
-YT
l:J
Co
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
iii
~
o
o
o
(J) N'"
~
U,......., .........
::::)"C "C
a: fa ~
I- ~ ~
a: I s::
W C 0
I- 0 ......,
ce ~ ~
~ ~
~
....
~
GJ
...,
fa
3:
u
"
""'"
CD
~
l:J
Co
o
z
o
o
o
o
,...-I
,...-I'"
-YT
l:J
Co
o
z
l:J
Co
o
z
o
o
Ll)
0"1
0"1
-YT
o
o
I..D
0"1
CO
-YT
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
CO
""'"
l:J
Co
o
z
o
o
o
o
""'"
M'"
-YT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
M'"
-YT
o
o
o
Ll)
,...-I
C"\J'"
-YT
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
CO
""'"
l:J
Co
o
z
o
o
o
0"1
-YT
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
M
-YT
o
o
o
o
C"\J
-YT
l:J
Co
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
CO
""'"
iii
~
o
o
o
~...
.........
"C
fa
o
~
I
s::
o
......,
~
U
::::I
~
....
~
GJ
...,
fa
3:
en
~
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
C"\J'"
-YT
o
o
Ll)
o
I..D
,...-I
-YT
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
0"1
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
o
Ll)'"
-YT
o
o
o
0"1
0"1
M'"
-YT
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
0"1
""'"
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
-YT
o
o
o
o
M
-YT
l:J
Co
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
~
o
~
(J) 0
a: 0
W .....
...I ~
~ ~ ~ ~
~ r:a iii ~
a: ~....~ ~
........ GJ::::I aJ
(J) U aJ
a: > GJ 3:
W u
>< GJ
..... ~
~ ~
GJ
.~
~
u
0"1
""'"
o
in
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
C"\J'"
-YT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
o
Ll)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
Ll)
,,'"
-YT
o
o
o
Ll)
Ll)
-YT
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
o
Ll)
u
o
Ll)
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
l:J
Co
o
z
l:J
Co
o
z
l:J l:J l:J
Co Co Co
000
Z Z Z
000
o 0 0
o 0 0
o 0 0
o 0 0
(V) ... 0"1'" ,...-I
-tA- -tA- -tA-
l:J l:J l:J
Co Co Co
000
Z Z Z
l:J
Co
o
z
o 0
o 0
o 0
o 0
l.t) 0
0"1 ... ,...-I ...
-tA- -tA-
l:J
Co
o
z
l:J l:J
Co Co
o 0
z z
l:J
Co
o
z
l:J
Co
o
z
~
o
in
N
M
.....
~
~
~
GJ
U
>
U
GJ
~
........
~
GJ
.~
~
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
....
in
ro
,...-I
l.t)
..0
,...-I
l.t)
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
,...-I
l.t)
~
o
o
o
in
.....
~
~
~
GJ
U
>
U
GJ
~
........
~
GJ
.~
~
N
in
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
('oJ
l.t)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
('oJ
l.t)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
('oJ
l.t)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
W ~
Z I
..... ...,
:::I: \I-
U c:1J
ce ~
~ s::
z"5 aJ
3: IU 10
o ~ ~
C ~ ~ ~
> 0 aJ
ce C aJ
...I > 3:
I IU
I- ...J
...I I
ce ~
:::I: IU
D. .s::
U') c.
ce ~
M
in
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
ro
(V)
l.t)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o 0
o 0
o 0
o 0
0'" "'"
,...-I -tA-
-tA-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
(V)
l.t)
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
(V)
l.t)
U')
a:
W
...I
...I
o
a:
I-
...I
ce
:::I:
D.
U')
ce
s::
o
...,
en
~
~
"0
~
~
IU
.s::
c.
~
<C
~
in
o
o
o
o
0:>
,...-I
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
('oJ
0"1
-tA-
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
"'"
l.t)
o
o
o
o
0"1
('oJ'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
(V)
('oJ'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
"'"
l.t)
o
o
o
o
l.t)
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
('oJ
-tA-
l:J
Co
o
z
l:J
Co
o
z
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
"'"
l.t)
o
o
o
o
o
('oJ'"
-tA-
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.t)
0:>
-tA-
o 0
o 0
o 0
I..D 0
l.t) 0"1
,...-I'" (V)...
-tA- -tA-
l:J l:J
Co Co
o 0
z z
o 0
o 0
I..D ('oJ
('oJ ('oJ
0"1... I..D
,...-I "'"...
-tA- -tA-
s::
o
...,
N
....
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
~
~
"0
~
~
IU
.s::
c.
~
<C
in
in
ro
l.t)
l.t)
o
o
o
o
o
"'" ...
-tA-
o
o
o
o
I..D
-tA-
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
l.t)
('oJ'"
-tA-
o
o
o
o
l.t)
-tA-
o
o
o
o
(V)
-tA-
l:J
Co
o
z
o
o
o
I..D
"'"
-tA-
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c:::
ciS
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
..0
l.t)
l.t)
u
l.t)
l.t)
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
~ l.... +-J
o aJ~Oc...
-g ~:c3:--l
GJ CCI ~ 1:
:> :E ~
~
o
"C
s::
GJ
:>
ro
+-J
C
aJ
~
tl::
aJ
Z
~
o
"C
s::
GJ
:>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
~
o
"C
s::
GJ
:>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
~
o
"C
s::
GJ
:>
+-J
ro
U
+-J
o
I
~
o
"C
s::
GJ
:>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
~
o
"C
s::
GJ
:>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
--l
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
(J)
W
Z
.....
:::I:
U
ce
~
~
Z
.....
...I
...I
.....
~
I-
...I
ce
:::I:
D.
(J)
ce
r>>
s::
.s::
u
ftJ
~"C
D~
.:: .s::
~
~;
~
ftJ
.s::
c.
tn
<C
\C)
in
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
1.0
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
1.0
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
1.0
Lt")
r>>
s::
.s::
u
ftJ
~"C
D~
.:: .s::
~
~;
~
ftJ
.s::
c.
tn
<C
I'
in
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
r--..
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
r--..
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
r--..
Lt")
(J)
~
U
::::)
a:
I-
~
o
o
a:
m
....
s::
.!
ftJ
.~
::::s
cr
GJ
~
o
E
o
o
~
I:C
o
in
M
..,
~
~
U
o
~
I:C
CD
in
o
o
o
o
o
T""'l'"
~
l:J
i:o
o
z
o
o
1.0
1.0
1.0
~
l:J
i:o
o
z
o
o
o
Lt")
Lt")
~
o
o
r--..
00
r--..
~
l:J
i:o
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
ro
00
Lt")
o
o
o
o
o
l"J ...
~
l:J
i:o
o
z
o
o
o
o
o
l"J ...
~
l:J
i:o
o
z
o
o
o
Lt")
Lt")
T""'l'"
~
o
o
Lt")
"""
1.0
T""'l
~
l:J
i:o
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
..0
00
Lt")
o
o
o
o
Lt")
~
l:J
i:o
o
z
o
o
o
o
00
~
l:J
i:o
o
z
o
o
o
Lt")
T""'l
~
o
o
o
Cl'
T""'l
~
l:J
i:o
o
z
o
+-J
+-J
C
0. aJ
=? E
..Y. ..c.
U U
c:: .r3
+-J
ro
~
C E aJ
o 0 U
+-J 0.;::
~ ..0
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
00
Lt")
aJ
+-J
ro
~
>-
l.... aJ 32
aJ (J) aJ
+-J ro aJ
~..o
0'1 3:
l:J
l:J
<C
C
o
:.j:j
0.
o
o
o
o
o
(V')
T""'l
~
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
Lt")
r--..
~
<C
.........
Z
l:J
i:o
o
z
o
o
o
o
Lt")
l"J ...
~
l:J
i:o
o
z
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
Lt")
l"J
~
<C
.........
Z
l:J
i:o
o
z
aJ
+-J
ro
~
>-
:c
+-J
C
o
:E
(J) ~ tn
W 0 tn aJ
o ~.!U ~
:::I: 0 ~
~ CD ~
U in.s:: ro
ce GJin 0
m ~ CD
U
I
....
s::
.!
ftJ
.~
::::s
cr
GJ
r>>
o
.s::
~
u
ftJ
I:C
en
in
l:J
i:o
o
z
o
o
o
T""'l
l"J
~
l:J
i:o
o
z
o
o
o
Lt")
l"J
~
o
o
o
Lt")
l"J
~
o
o
o
o
l"J
~
l:J
i:o
o
z
ro
Cl'
Lt")
l:J
i:o
o
z
o
o
o
Lt")
Lt")
~
l:J
i:o
o
z
o
o
o
o
Lt")
~
o
o
o
o
1.0
~
o
o
o
o
Lt")
~
o
o
Lt")
00
Lt")
~
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
..0
Cl'
Lt")
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
(V')
T""'l
~
o
o
o
Cl'
~
l:J
i:o
o
z
l:J
i:o
o
z
o
o
o
o
"""
T""'l'"
~
o
o
o
o
Lt")
~
o
o
o
o
Lt")
T""'l'"
~
o
o
Lt")
r--..
~
o
o
o
o
(V')
T""'l
~
o
o
o
Cl'
T""'l
~
o
o
o
o
"""...
T""'l
~
o
o
o
o
"""
~
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
u
Cl'
Lt")
l:J
Cl'
Lt")
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
1_ a. W
moa:
I-
o
"tJ
s:
GJ
>
>- ..c....
l.... +-J
aJ ~ 0 c...
~:c3:-1
CCI ~ 1:
:E~
I-
o
"tJ
s:
GJ
>
ro
+-J
C
aJ
~
tl::
aJ
Z
I-
o
"tJ
s:
GJ
>
l:J +-J
o C
o aJ
~ ~ ci
aJ. U
l:J :J
C 0-
=:>w
I-
o
"tJ
s:
GJ
>
+-J
C
o aJ
~ ~ ci
~ .:J U
0-
W
I-
o
"tJ
s:
GJ
>
+-J
ro
U
+-J
o
I
I-
o
"tJ
s:
GJ
>
~ e-
N aJ 0
1:EU
aJ .0. ro
I :J +-J
o-C
W~
I-
o
"tJ
s:
GJ
>
ro +-J
+-J C
C aJ
~ ~ ci
:......,. U
C :J
o 0-
UW
><
I-
..c....
1:
o
3:
~
l.L.
><
l-
S'"
ro
C
0'1
ro
(f)
><
I-
..c.
1:
o
3:
~
l.L.
><
I-
ci)
C
~
><
I-
aJ'"
>
(J)
S
aJ
-I
><
I-
0'"
u
(J)
l....
l.L.
><
I-
(J) ...
ro
ro
o
(J)
(J)
aJ
C
.Vi
:J
CCI
\I-
o
aJ
U
ro
c:
aJ
0..
.u
C
.;::
c...
I
...,
s:
~
RS
"5 B
g~
>
0=
:[~
0-"""
0\ <<n
Ln <<n
~~
RS C.
U.s:
ai"Ln
oeo
.s:
~
u
RS
I:C
o
\C
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.{')
N
-vr
o
o
l.{')
l.{')
N
-vr
l:J
Co
o
z
aJ
+-J
ro
~
~
ro
o
ro
o
\D
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\D
-vr
o
o
o
o
\D
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
..0
o
\D
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
\D
,...-I'"
-vr
o
o
l.{')
0'1
l.{')
,...-I
-vr
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
u
o
\D
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
l.{')
I"""-
-vr
o
o
o
0'1
,...-I
-vr
l:J
Co
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
l:J
o
\D
Gi
u
"i:
c.
GJ
<<n
RS
~
GJ
o
.s:
~
u
RS
~
o
...,
"tJ
GJ
"tJ
"tJ
RS
<<n
s:
o
~
c.
o
....
\C
0'1
C
C
o
E
l:J
C
o
U
l....
ro
..c.
~
S
..0
ro
u
l:J
l:J
<C
ro
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
N
-vr
o
o
l.{')
(V')
-vr
l:J
Co
o
z
aJ
+-J
ro
~
~
ro
o
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
l.{')
\D
-vr
o
o
o
0'1
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
N
-vr
o
o
l.{')
\D
N
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
:c
+-J
C
o
:E
aJ
>
.;::
l:J
(ij
aJ
..c.
S
oJ-
l:J
l:J
<C
..0
l:J
Co
o
z
o
o
o
N
N
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
o
N
-vr
o
o
l.{')
N
-vr
l:J
Co
o
z
aJ
+-J
ro
~
~
ro
o
l:J
Co
o
z
o
o
o
\D
\D
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
l.{')
\D
-vr
o
o
o
\D
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
l:J
Co
o
z
o
o
l.{')
0'1
\D
,...-I'"
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
N
-vr
o
o
o
00
,...-I
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
:c
+-J
C
o
:E
.Ql
l:J
ro
l:J
C
aJ
+-J
X
aJ
l:J
l:J
<C
u
l:J
Co
o
z
o
o
o
N
N
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
o
N
-vr
o
o
00
N
-vr
l:J
Co
o
z
aJ
+-J
ro
~
~
ro
o
l:J
Co
o
z
o
o
o
\D
\D
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
l.{')
\D
-vr
o
o
l.{')
I"""-
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
l:J
Co
o
z
o
o
l.{')
0'1
\D
,...-I'"
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
o
o
N
-vr
o
o
o
N
N
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
:c
+-J
C
o
:E
tn
a:
W
W
I-
tn
C
.....
~
tn
...,
s:
~
RS
I~
:J
C'"
GJ
I-
o
\C
....
N
...,
RS
U
I-
GJ
GJ
...,
<<n
"tJ
:i
In
N
\C
l:J
Co
o
z
o
o
l.{')
\D
,...-I
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.{')
,...-I
-vr
o
o
(V')
(V')
,...-I
-vr
l:J
Co
o
z
aJ
+-J
ro
~
~
ro
o
ro
N
\D
l:J
Co
o
z
o
o
o
l.{')
"""
-vr
l:J
Co
o
z
l:J
Co
o
z
o
o
l.{')
0'1
"""
-vr
o
o
l.{')
(V')
(V')
-vr
l:J
Co
o
z
aJ
+-J
ro
~
>-
32
aJ
aJ
3:
..0
N
\D
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.{')
o
,...-I'"
-vr
o
o
o
0'1
-vr
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
l:J
Co
o
z
o
o
o
l.{')
,...-I
,...-I'"
-vr
o
o
o
l.{')
-vr
o
o
l.{')
,...-I
I"""-
-vr
o
o
o
l.{')
,...-I
-vr
l:J
Co
o
z
l:J
Co
o
z
aJ
+-J
ro
~
~
..c.
+-J
C
o
:E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
aJ
o
CCI
o
l.L.
C
aJ
.~
(ij
o
U
N
\D
l:J
N
\D
c
(l)
E
..c
u
2
~
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
U)ce
OW
........:::1:
U)MU.
ll:t........O
LnCO...l
Mince
=h:CI-
"CGJZ
._ a. W
moa:
>- ..c....
l.... +-J
<IJ l....
C 0 a..
..c.$....J
~ 1:
:E~
ro
+-J
C
<IJ
~
tl::
<IJ
Z
x
~ I-
..c.
1:
o
$
+-J
C
<IJ
E .
0.0
"- U
:J
0-
W
+-J
ro
U
+-J
o
I
~ e-
<IJ 0
EU
"9- ro
:J +-J
o-C
w~
+-J
C
<IJ
E .
0.0
"- U
:J
0-
W
X
I-
..c....
1:
o
$
~
l.L.
X
l-
S'"
ro
C
0'1
ro
(f)
~
l.L.
X
I-
ci)
C
~
X
I-
~...
>
"~
S
<IJ
....J
X
I-
0'"
U
(J)
";::
l.L.
X
I-
(J) ...
~
ro
o
(J)
(J)
<IJ
C
"Vi
:J
CO
\I-
o
<IJ
U
ro
c:
<IJ
0..
"u
C
";::
a..
...,
c:
~
fa
.~
::::I
cr
GJ
I..
o
\C)
N
N
...,
fa
U
I..
GJ
GJ
...,
'"
"tJ
:i!
tn
M
\C)
"'0
CO
o
z
o
o
l.t)
\0
T""'l
-tA-
"'0
CO
o
z
"'0
CO
o
z
o 0
o 0
o l.t)
l.t) 0"1
T""'l """
-tA- -tA-
o 0
o 0
N 0
""" \0
T""'l (V")
-tA- -tA-
"'0
CO
o
z
<IJ
+-J
ro
~
~
ro
o
ro
(V")
\0
"'0
CO
o
z
o
o
o
l.t)
"""
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
o
"""
l.t)
-tA-
<IJ
+-J
ro
~
>-
32
<IJ
<IJ
$
..0
(V")
\0
"'0
CO
o
z
o
o
o
l.t)
o
T""'l
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
o
l.t)
N
T""'l'"
-tA-
o
o
0"1
l.t)
I'
-tA-
o
o
o
o
(V")
T""'l
-tA-
<IJ
+-J
ro
~
~
..c.
+-J
C
o
:E
U
(V")
\0
"'0
CO
o
z
o
o
o
0"1
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
o
l.t)
-tA-
o
o
o
l.t)
T""'l
-tA-
o
o
o
l.t)
(V")
-tA-
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
l.L.
C
<IJ
"~
(ij
o
"'0
(V")
\0
...,
c:
~
fa
.~
::::I
cr
GJ
I..
o
\C)
M
N
...,
fa
U
I..
GJ
GJ
...,
'"
"tJ
:i!
tn
~
\C)
"'0
CO
o
z
o
o
l.t)
I'
T""'l
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
l.t)
I'
T""'l
-tA-
o
o
N
"""
T""'l
-tA-
"'0
CO
o
z
<IJ
+-J
ro
~
~
ro
o
ro
"""
\0
"'0
CO
o
z
o
o
o
o
l.t)
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
l.t)
0"1
l.t)
-tA-
o
o
o
\0
(V")
-tA-
"'0
CO
o
z
<IJ
+-J
ro
~
>-
32
<IJ
<IJ
$
..0
"""
\0
"'0
CO
o
z
o
o
l.t)
I'
N
T""'l'"
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o 0
o 0
l.t) 0
l.t) l.t)
T""'l'" -tA-
-tA-
o 0
o 0
0"1 0
l.t) l.t)
I' T""'l
-tA- -tA-
"'0
CO
o
z
<IJ
+-J
ro
~
~
..c.
+-J
C
o
:E
U
"""
\0
"'0
CO
o
z
o
o
o
0"1
-tA-
"'0
CO
o
z
"'0
CO
o
z
"'0
CO
o
z
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
l.L.
C
<IJ
"~
(ij
o
"'0
"""
\0
...,
c:
~
fa
.~
::::I
cr
GJ
I..
o
\C)
~
N
...,
fa
U
I..
GJ
GJ
...,
'"
"tJ
:i!
tn
in
\C)
"'0
CO
o
z
o
o
l.t)
I'
T""'l
-tA-
"'0
CO
o
z
"'0
CO
o
z
o 0
o 0
o l.t)
o 0"1
N \0
-tA- -tA-
o 0
o 0
I' 0"1
I' """
T""'l """
-tA- -tA-
"'0
CO
o
z
<IJ
+-J
ro
~
~
ro
o
ro
l.t)
\0
"'0
CO
o
z
o
o
o
o
l.t)
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
o
"""
l.t)
-tA-
<IJ
+-J
ro
~
>-
32
<IJ
<IJ
$
..0
l.t)
\0
"'0
CO
o
z
o
o
l.t)
I'
N
T""'l
-tA-
"'0
CO
o
z
"'0
CO
o
z
o
o
o
l.t)
I'
T""'l'"
-tA-
o
o
CO
CO
o
T""'l
-tA-
o
o
o
o
(V")
T""'l
-tA-
<IJ
+-J
ro
~
~
..c.
+-J
C
o
:E
U
l.t)
\0
"'0
CO
o
z
(J)
>-
ro
"'0
(V")
o
o
o
0"1
-tA-
"'0
CO
o
z
(J)
>-
ro
"'0
l.t)
"'0
CO
o
z
o
o
o
l.t)
-tA-
(J)
>-
ro
"'0
(V")
N
o
o
o
l.t)
T""'l
-tA-
(J)
>-
ro
"'0
~
T""'l
o
o
o
l.t)
(V")
-tA-
0.
=?
..Y.
U
c::
~
C
o
+-J
C
<IJ
o
CO
o
l.L.
C
<IJ
"~
(ij
o
E
e
\I-
(J)
>-
ro
"'0
"'0
l.t)
\0
C
<IJ
"'0
ro
E
<IJ L
..0 <IJ
c"E
ro 0
U\I-
>-0
l.... +-J
<IJ 0.
"~ "(jj
~ ~
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITY DEPARTMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 3546-RENT AL OF HEAVY EQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ANNUAL ESTIMATED
AMOUNT OF $750,000).
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
3546
3546
3546
3546
3546
3546
3546
3546
3546
3546
ITEM
NO VENDOR AMOUNT
14,22,24,26 Bane Machinery Exhibit A
4,6,17,20,21,32 B&R Equipment Co. Exhibit A
35,37,40,41,43,55
8,9,15,16,25,27 Hertz Equipment Rental Exhibit A
28,44,45,59,62
63,64,65
10, 11, 18, 19,39,42 Holt Rental Service Exhibit A
54,58,60,61
48 Nations Rent Exhibit A
53 Romco Equipment Co. Exhibit A
1,2, 12, 13,23,29 TKO Equipment Exhibit A
30,34,36,38,47,50
3,7,33,46 United Rentals Heavy Machinery Exhibit A
49 United Rental General Rent Exhibit A
51 Underwood Equipment Co. Exhibit A
SECTION 2. City Council finds the bid submitted by United Rentals Heavy Machinery for
Item 4, Romco for Item 12, and Continental Equipment Co. for Item 26 did not meet specifications
and is therefore rej ected.
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 3546
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
+.J
C
((J
~
(J)
C
o
:.j:j
cu
Z
l:J +.J
I... 0 C
e ~ E .
-g l....o.o
GJ ((J.- U
::> -g 6-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
~ ~ ci
~ .::J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
cu
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N ((J 0
1:EU
((J .0. CU
I ::J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ ((J
_~ E ci
ou .0. U
CO ::J
0-
W
I.. ~
e l:J (J) >- ((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
((J CU
+.J +.J CU
C C l....
::> ~ ~
((J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
o. U
~ ::J
0-
W
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
((J ...
>
(J)
3:
((J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
((J
((J
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
((J
C
.Vi
::J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.1::
a..
(J)
~
W
N
o
C
>-
..0
(J)l:J
._ CU
+.J..Q
..c...Y.
OlU
.- ::J
((J l....
L.t+.J
*
...,
C
~
IU
.~
::::I
C'"
GJ
I...
e
o
....
C
...,
IU
U
I...
GJ
N
e
C
....
o
o
o
o
l.t)
,,'"
-vr
((J
+.J
CU
~
>-
32
((J
((J
S
CU
,...-I
o
o
o
o
l.t)
("\I'"
("\I
-vr
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
,...-I
o
o
o
o
o
o::j' ...
-vr
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
U
,...-I
...,
C
~
IU
.~
::::I
C'"
GJ
I...
e
en
C
...,
IU
U
I...
GJ
N
e
C
N
o
o
o
o
l.t)
l.t) ...
-vr
((J
+.J
CU
~
>-
32
((J
((J
S
CU
("\I
o
o
o
o
o
\D'"
,...-I
-vr
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
("\I
o
o
o
o
o
o::j' ...
-vr
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
U
("\I
...,
C
~
IU
.~
::::I
C'"
GJ
I...
e
CO
C
...,
IU
U
I...
GJ
N
e
C
M
o
o
o
l.t)
00
o::j' ...
-vr
((J
+.J
CU
~
>-
32
((J
((J
S
CU
(V)
o
o
o
o
l.t)
,...-I'"
,...-I
-vr
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
(V)
o
o
o
o
o
,...-I'"
-vr
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
U
(V)
...,
C
~
IU
.~
::::I
C'"
GJ
I...
e
I'
C
...,
IU
U
I...
GJ
N
e
C
~
" 0
\D 0
\D 0
\D 0
\D 0
("\I'" 00'"
-vr -vr
((J
+.J
CU
~
>-
32
((J
((J
S
CU
o::j'
o
o
o
o
(V)
-vr
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
..0
o::j'
U
o::j'
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o ((J
$ E .
l.... Q. 0
((J "- U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
~ ~ ci
~"S U
0-
W
I..
e
"tJ
C
GJ
::>
I...
e
"tJ
C
GJ
::>
~ e-
N ((J 0
1:EU
((J Q.-
I"S 2
o-C
w~
I...
e
"tJ
c
GJ
::>
+.J
C
~ ((J
~ E ci
"9- U
CO :J
0-
W
I.. ~
e l:J~ >-((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
c
GJ
::>
+.J
C
l:J~~
((J CU _
:!:::! ~ CU
C ((J Qj
::>~C
((J
~
I...
e
"tJ
c
GJ
::>
+.J
C
o ((J
U E .
E Q. 0
0"- U
~ :J
0-
W
z
o
....
I-
D.
....
~
u
U)
w
C
o
z
+.J
C
((J
~
(J)
C
o
:.j:j
CU
Z
+.J
CU
U
+.J
o
I
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
~...
>
(J)
$
((J
.....J
X
I-
0'"
U
(J)
";::
l.L.
X
I-
l....
~
OJ
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
~
CU
o
(J)
(J)
((J
C
"Vi
:J
CO
I.!-
o
((J
U
CU
c::
((J
0..
"u
C
";::
a..
...,
c
~
fa
.~
::::I
C'"
GJ
I...
e
\C
C
...,
fa
U
I...
GJ
N
e
C
\C
" 0
\.0 0
\.0 0
\.0 0
T""'l L/")
N'" \.0'"
-tIT -tIT
((J
+.J
CU
~
>-
32
((J
((J
s
CU
\.0
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
\.0
o
o
o
o
("11
-tIT
Q.
=?
~
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
"~
OJ
o
U
\.0
...,
C
GJ
;a
.~
::::I
C'"
GJ
I...
e
\C
C
...,
fa
U
D.
CJ
...J
I...
GJ
N
e
C
I'.
o
o
o
L/")
..q-
N'"
-tIT
((J
+.J
CU
~
>-
32
((J
((J
s
CU
"
o
o
o
o
..q-
\.0'"
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
"
o
o
o
o
\.0
-tIT
Q.
=?
~
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
"~
OJ
o
U
"
o 0
o 0
o 0
o L/")
N T""'l
T""'l'" ("11'"
-tIT -tIT
...,
c
~
fa
.~
::::I
C'"
GJ
I...
e
in
C
...,
fa
U
((J
+.J
CU
~
>-
32
((J
((J
s
I...
GJ
N
e
C
co
CU
CD
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
CD
o
o
o
CD
T""'l
-tIT
Q.
=?
~
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
"~
OJ
o
U
CD
o 0
o 0
o 0
L/") 0
N ("11
T""'l'" ("11'"
-tIT -tIT
...,
C
GJ
;a
.~
::::I
C'"
GJ
I...
e
in
C
...,
fa
U
D.
CJ
...J
((J
+.J
CU
~
>-
32
((J
((J
s
I...
GJ
N
e
C
en
CU
O'l
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
O'l
o
o
o
CD
T""'l
-tIT
Q.
=?
~
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
"~
OJ
o
U
O'l
o 0
o 0
o 0
N 0
T""'l CD
T""'l N'"
-tIT -tIT
...,
c
~
fa
.~
::::I
C'"
GJ
I...
e
~
C
...,
fa
U
((J
+.J
CU
~
>-
32
((J
((J
s
I...
GJ
N
e
C
o
....
CU
o
T""'l
o
o
o
L/")
T""'l
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
Q.
=?
~
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
"~
OJ
o
..0
o
T""'l
U
o
T""'l
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ~ ~ 0
-g ro:C$~
GJ CO ~1:
::> ::E ~
I...
e
"tJ
C
GJ
::>
+.J
C
(]J
~
(J)
C
o
:......,
ro
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o (]J
~ ~ ci
(]J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
ro
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N (]J 0
1:EU
(]J .0. ro
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ (]J
~ ~ ci
. U
CO :J
0-
W
I.. ~
e ~~~~
-g ~~~:c
~ ::>~I ~
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
(]J ro
~ ~ ~
::> ~ ~
(]J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
$
~
l.L.
X
I-
c'"
o
+.J
C
(]J
o
X
I-
..c.
1:
o
$
~
l.L.
X
I-
ci)
C
~
X
I-
(]J ...
>
(J)
3:
(]J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
(]J
(]J
~
X
I-
..c....
1:
o
$
~
l.L.
X
I-
C
o
+.J
C
(]J
o
X
I-
(J) ...
ro
ro
o
(J)
(J)
(]J
C
.Vi
:J
CO
I.!-
o
(]J
U
ro
c::
(]J
0..
.u
C
.1::
a..
o 0
o 0
o 0
\.0 0
T""'l (J"I
T""'l ("\I'"
-YT -YT
...,
C
GJ
iii
.~
::::I
cr
GJ
I...
e
~
C
...,
fa
U
C.
~
...J
(]J
+.J
ro
~
>-
32
(]J
(]J
$
I...
GJ
N
e
C
....
....
ro
T""'l
T""'l
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
T""'l
T""'l
o
o
o
Ll)
T""'l
-YT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
T""'l
T""'l
~
~
W
C
ce
o
...I
...I
W
W
:::I:
~
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
CO
CO
en
...,
fa
U
I...
GJ
"tJ
fa
e
...J
Qj
GJ
.c
3:
N
....
o
o
o
o
o
Ll)'"
-YT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
("\I
T""'l
o
o
o
o
o
Ll)'"
T""'l
-YT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
("\I
T""'l
o
o
o
o
o
("\I'"
-YT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
("\I
T""'l
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
o
CO
en
...,
fa
U
I...
GJ
"tJ
fa
e
...J
Qj
GJ
.c
3:
M
....
o
o
o
o
o
(V)...
-YT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
(V)
T""'l
o
o
o
Ll)
I"""-
00'"
-YT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
(V)
T""'l
o
o
o
o
I"""-
-YT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
(V)
T""'l
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
\C
\C
en
...,
fa
U
I...
GJ
"tJ
fa
e
...J
Qj
GJ
.c
3:
~
....
o
o
o
o
o
(V)...
-YT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
"""
T""'l
o
o
o
o
("\I
\.0'"
-YT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
"""
T""'l
o
o
o
o
Ll)
-YT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
"""
T""'l
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
N
\C
en
...,
fa
U
I...
GJ
"tJ
fa
e
...J
Qj
GJ
.c
3:
it)
....
o
o
o
o
("\I
("\I'"
-YT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
Ll)
T""'l
o
o
o
o
Ll)
Ll)'"
-YT
o
o
o
o
(V)
-YT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
..0
Ll)
T""'l
U
Ll)
T""'l
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ~ ~ 0
-g ro:C$~
GJ CO ~1:
::> ::E ~
I...
e
"tJ
C
GJ
::>
+.J
C
(]J
~
(J)
C
o
:......,
ro
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o (]J
~ ~ ci
(]J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
ro
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N (]J 0
1:EU
(]J .0. ro
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ (]J
~ ~ ci
. U
CO :J
0-
W
I.. ~
e ~~~~
-g ~~~:c
~ ::>~I ~
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
(]J ro
~ ~ ~
::> ~ ~
(]J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
$
~
l.L.
X
I-
c'"
o
+.J
C
(]J
o
X
I-
..c.
1:
o
$
~
l.L.
X
I-
ci)
C
~
X
I-
(]J ...
>
(J)
3:
(]J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
(]J
(]J
~
X
I-
..c....
1:
o
$
~
l.L.
X
I-
C
o
+.J
C
(]J
o
X
I-
(J) ...
ro
ro
o
(J)
(J)
(]J
C
.Vi
:J
CO
I.!-
o
(]J
U
ro
c::
(]J
0..
.u
C
.1::
a..
o 0
o 0
Lt1 0
o 0
T""'l CO
N ... <::t' ...
-vr -vr
...,
C
~
RS
.~
~
C'"
GJ
I...
e
o
in
en
...,
RS
U
(]J
+.J
ro
~
>-
32
(]J
(]J
$
I...
GJ
"tJ
RS
e
...J
Gi
GJ
.c
3:
\C)
....
ro
\D
T""'l
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
\D
T""'l
o
o
o
CO
N
-vr
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
\D
T""'l
...,
C
~
RS
.~
~
C'"
GJ
I...
e
CO
M
en
...,
RS
U
I...
GJ
"tJ
RS
e
...J
Gi
GJ
.c
3:
I'.
....
o 0
o 0
o 0
o 0
<::t'... N
T""'l <::t' ...
-vr -vr
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
I"""-
T""'l
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
I"""-
T""'l
o
o
o
o
("I"")
-vr
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
I"""-
T""'l
o 0
o 0
o 0
<::t' 0
<::t'... \D
T""'l ("1"")'"
-vr -vr
...,
C
~
RS
.~
~
C'"
GJ
I...
e
CO
N
en
...,
RS
U
(]J
+.J
ro
~
>-
32
(]J
(]J
$
I...
GJ
"tJ
RS
e
...J
Gi
GJ
.c
3:
CO
....
ro
CO
T""'l
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
CO
T""'l
o
o
o
o
N
-vr
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
CO
T""'l
o 0
o 0
o 0
<::t' 0
N T""'l
T""'l ("1"")'"
-vr -vr
...,
C
~
RS
.~
~
C'"
GJ
I...
e
~
N
en
...,
RS
U
(]J
+.J
ro
~
>-
32
(]J
(]J
$
I...
GJ
"tJ
RS
e
...J
Gi
GJ
.c
3:
en
....
ro
en
T""'l
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
en
T""'l
o
o
o
Lt1
T""'l
-vr
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
en
T""'l
tn
~
W
C
ce
~
~
~
o
I-
o
~
...,
C
~
RS
.~
~
C'"
GJ
I...
e
N
....
...,
RS
U
I...
GJ
"tJ
RS
I...
~
I...
e
...,
e
~
o
N
o 0
o 0
o 0
o 0
Lt1 Lt1
T""'l <::t' ...
-vr -vr
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
o
N
o
o
o
o
("I"")
-vr
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
..0
o
N
U
o
N
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ~ ~ 0
-g ro:C$~
GJ CO ~1:
::> ::E ~
I...
e
"tJ
C
GJ
::>
+.J
C
(]J
~
(J)
C
o
:......,
ro
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o (]J
~ ~ ci
(]J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
ro
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N (]J 0
1:EU
(]J .0. ro
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ (]J
~ ~ ci
. U
CO :J
0-
W
I.. ~
e ~~~~
-g ~~~:c
~ ::>~I ~
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
(]J ro
~ ~ ~
::> ~ ~
(]J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
$
~
l.L.
X
I-
c'"
o
+.J
C
(]J
o
X
I-
..c.
1:
o
$
~
l.L.
X
I-
ci)
C
~
X
I-
(]J ...
>
(J)
3:
(]J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
(]J
(]J
~
X
I-
..c....
1:
o
$
~
l.L.
X
I-
C
o
+.J
C
(]J
o
X
I-
(J) ...
ro
ro
o
(J)
(J)
(]J
C
.Vi
:J
CO
I.!-
o
(]J
U
ro
c::
(]J
0..
.u
C
.1::
a..
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
o
lilt
.....
...,
ftJ
U
I...
GJ
"tJ
ftJ
I...
~
I...
e
...,
e
~
.....
N
" 0
\.0 0
\.0 0
\.0 0
\.0 0
T""'l L/") ...
-tIT -tIT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
T""'l
N
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
T""'l
N
o
o
o
o
(V)
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
T""'l
N
~
~
o
l-
ce
>
ce
u
><
W
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
in
lilt
M
...,
ftJ
U
I...
e
...,
ftJ
>
ftJ
U
><
W
N
N
o
o
o
o
o
o::j' ...
-tIT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
N
N
o
o
o
o
o
CJ:) ...
-tIT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
N
N
o
o
o
o
N
T""'l'"
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
N
N
o 0
o 0
o 0
L/") L/")
(V) 0"'1
N'" \.0'"
-tIT -tIT
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
o
M
M
...,
ftJ
U
(]J
+.J
ro
~
>-
32
(]J
(]J
$
I...
e
...,
ftJ
>
ftJ
U
><
W
M
N
ro
(V)
N
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
(V)
N
o
o
o
L/")
"
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
(V)
N
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
in
N
M
...,
ftJ
U
I...
e
...,
ftJ
>
ftJ
U
><
W
lilt
N
o
o
o
o
T""'l
N'"
-tIT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
o::j'
N
o
o
o
o
N
L/") ...
-tIT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
o::j'
N
o
o
o
o
L/")
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
o::j'
N
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
o
N
M
...,
ftJ
U
I...
e
...,
ftJ
>
ftJ
U
><
W
in
N
o
o
"
CJ:)
o::j'
T""'l'"
-tIT
(]J
+.J
ro
~
>-
32
(]J
(]J
$
ro
L/")
N
o
o
o
L/")
N
o::j' ...
-tIT
o
o
o
L/")
N
-tIT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
0.
=?
~
U
c::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
..0
L/")
N
U
L/")
N
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
"CG)Z
1_ a. W
~O~
>- ..c....
I... l.... +.J
o ~ ~ 0
-g ro:C$~
GJ CO ~1:
::> ::E ~
I...
o
"tJ
C
GJ
::>
+.J
C
(]J
~
(J)
C
o
:......,
ro
Z
I...
o
"tJ
C
GJ
::>
l:J +.J
o C
o (]J
~ ~ ci
(]J. U
l:J :J
C 0-
::>w
I...
o
"tJ
C
GJ
::>
+.J
C
o (]J
~ ~ ci
~ .:J U
0-
W
I..
o
"tJ
C
GJ
::>
+.J
ro
U
+.J
o
I
I...
o
"tJ
C
GJ
::>
~ e-
N (]J 0
1:EU
(]J .a. ro
I :J +.J
o-C
W~
I...
o
"tJ
C
GJ
::>
+.J
C
~ (]J
~ ~ ci
. U
CO :J
0-
W
I.. ~
o ~~~~
-g ~~~:c
~ ::>~I ~
""... ::E
I...
o
"tJ
C
GJ
::>
+.J
C
l:J(J)~
(]J ro
~ ~ ~
::> ~ ~
(]J
~
I...
o
"tJ
C
GJ
::>
+.J
C
o (]J
U E .
E a. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
$
~
l.L.
X
I-
c'"
o
+.J
C
(]J
o
X
I-
..c.
1:
o
$
~
l.L.
X
I-
ci)
C
~
X
I-
(]J ...
>
(J)
3:
(]J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
(]J
(]J
~
X
I-
..c....
1:
o
$
~
l.L.
X
I-
C
o
+.J
C
(]J
o
X
I-
(J) ...
ro
ro
o
(J)
(J)
(]J
C
.Vi
:J
CO
I...
GJ
~
fa
GJ
I...
.c
I~ ~
- fa
::::J - (]J
fa U +.J
I... ro
"tJ.c ~
>- >-
..c..., 32
..c \I- (]J
..., (]J
"~ g $
...1.11
I...
0.....
...,
fa
>
fa
U
><
W
I.!-
o
(]J
U
ro
c::
(]J
0..
.u
C
.1::
a..
\C)
N
o
o
o
o
00
N'"
*IT
ro
\0
N
o
o
o
o
o
,,'"
*IT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
\0
N
o
o
o
o
l.t)
*IT
a.
=?
~
U
c:::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
U
\0
N
I...
GJ
~
fa
GJ
I...
.c
I~ ~
- fa
::::J - (]J
fa U +.J
I... ro
"tJ.c ~
>- >-
..c..., 32
..c \I- (]J
..., (]J
"~ g $
...0
I...
OM
...,
fa
>
fa
U
><
W
I'.
N
o 0
o 0
o 0
N en
l.t) N
N'" \0'"
*IT *IT
ro
"
N
o
o
o
(V')
N
*IT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
I...
GJ
a. "i
=? GJ
~ I...
U .c
c::: I~ ~
~ -;~ (]J
C faU +.J
o I... ro
~ ~= ~
o ..c \I- ID
CO"" (]J
~ "~ g $
~ 1......0
(]J 0 1.11
.~ ~
OJ >
o G
><
w
..0
"
N
U
"
N
co
N
o
o
N
00
o
(V') ...
*IT
ro
00
N
o
o
o
,...-I
"
00'"
*IT
o
o
o
l.t)
N
*IT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
C
"Co
a. ~
=? .:9
~
U
c:::
~
o
I...
GJ
N
C f ~ 2
~ "~ ~ ~
~ ~ ~ ~
(]J
~:GJ~
l.L. fa I... >
~ u 0
(]J I...
.~ .s
OJ fa
o >
fa
U
><
W
..0
00
N
U
00
N
en
N
o
o
l.t)
"
\0
,...-I'"
*IT
ro
en
N
o
o
o
l.t)
"
o::j' ...
*IT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
en
N
o
o
o
l.t)
l.t)
*IT
a.
=?
~
U
c:::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
I...
o c
o GJ
I'. GJ
I'. ~
>cn
~ a;:
W C lilt
~ ~~ ~
~ GJ: >-
U ~ co 32
{J} I-M ~
~ ~ ~ $
o ~ ~
{J} ~ iU
U >
(I) ":;
"0 GJ
(I)
U
en
N
o
M
o
o
o
o
l.t)
N'"
*IT
ro
o
(V')
o
o
o
l.t)
N
,,'"
*IT
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
..0
o
(V')
o
o
o
l.t)
l.t)
*IT
"
\0
\0
\0
,...-I
N'"
*IT
a.
=?
~
U
c:::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.~
OJ
o
I...
o
o
~ 1.11
"C N
fa C
o ...,
~ fa (]J
I U C +.J
t: ... GJ ~
o =CiU >-
~ fa > 32
vi ~ ":; ~
~ ~ GJ $
U \I-
::::) ~
~ ~...
I- U
::::J
I...
I-
U
o
(V')
N
M
ro
N
(V')
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
+.J
C
((J
~
(J)
C
o
:......,
cu
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o ((J
$ E .
l.... 0. 0
((J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
cu
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N ((J 0
1:EU
((J .0. CU
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ ((J
_~ E ci
ou .0. U
CO :J
0-
W
I.. ~
e l:J (J) >- ((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
((J CU
+.J +.J CU
C C l....
::> ~ ~
((J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
((J ...
>
(J)
$
((J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
((J
((J
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
((J
C
.Vi
:J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.1::
a..
o
o
o
o
l.l)
\D'"
-tIT
o
o
o
o
(V)
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
I...
0. e
=? 0
.:::t. 0
U M
c:: C
~
...,
ns ((J
CUe +.J
o ... GJ cu
~ ...-.-- ~
((J ~ ~ >-
o e.- 32
CO ~:J ~
~ t: GJ S
~ e,
.~ ~...
OJ u
o 2
....
..0
N
(V)
U
N
(V)
M
M
o
o
o
l.l)
(V)
(V)...
-tIT
CU
(V)
(V)
o
o
o
o
(V)
ct:J ...
-tIT
o
o
o
o
\D
-tIT
((J
+.J
cu
~
~
..c.
+.J
C
o
::E
I...
0. e
=? 0
.:::t. 0
U ~
c:: c
~
...,
ns ((J
B ~ ~ ~
C ...-.--
~ ~.~ ~
CO ~:J ~
~ t: GJ S
~ 0
((J .........
.2:: ~
OJ u
o 2
....
..0
(V)
(V)
U
(V)
(V)
~
M
o
o
o
o
l.l)
(V)...
-tIT
CU
""'"
(V)
o
o
o
o
l.l)
0'"
T""'l
-tIT
((J
+.J
cu
~
~
..c.
+.J
C
o
::E
..0
""'"
(V)
o
o
o
l.l)
I"""-
-tIT
0.
=?
.:::t.
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
OJ
o
U
""'"
(V)
tn
~
W
D.
ce
~
U
tn
...,
C
GJ
iii
.~
:J
cr
GJ
I...
e
M
N
U)
...,
ns
U
I...
GJ
C.
ns
I...
u
U)
in
M
I"""-
\D
\D
\D
\D
(V)...
-tIT
((J
+.J
cu
~
>-
32
((J
((J
S
CU
l.l)
(V)
o
o
o
o
o
T""'l
T""'l
-tIT
o
o
o
o
(V)
-tIT
((J
+.J
cu
~
~
..c.
+.J
C
o
::E
0.
=?
.:::t.
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
OJ
o
..0
l.l)
(V)
U
l.l)
(V)
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
+.J
C
((J
~
(J)
C
o
:......,
cu
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o ((J
$ E .
l.... 0. 0
((J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
cu
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N ((J 0
1:EU
((J .0. CU
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ ((J
_~ E ci
ou .0. U
CO :J
0-
W
I.. ~
e l:J (J) >- ((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
((J CU
+.J +.J CU
C C l....
::> ~ ~
((J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
((J ...
>
(J)
$
((J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
((J
((J
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
((J
C
.Vi
:J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.1::
a..
...,
C
GJ
iii
.~
::::I
cr
GJ
I...
e
....
N
\Q
...,
fa
U
I...
GJ
C.
fa
I...
U
U)
\Q
M
o
o
l..l)
"
\.0
(V)...
*IT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
\.0
(V)
o
o
o
o
o
T""'l
T""'l
*IT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
\.0
(V)
o
o
o
l..l)
"
*IT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
\.0
(V)
...,
C
GJ
iii
.~
::::I
cr
GJ
I...
e
in
....
\Q
...,
fa
U
I...
GJ
C.
fa
I...
U
U)
I'.
M
o 0
o 0
o 0
o 0
l..l) l..l)
l"'J'" ,,'"
*IT *IT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
"
(V)
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
"
(V)
o
o
o
o
(V)
*IT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
"
(V)
...,
C
GJ
iii
.~
::::I
cr
GJ
I...
e
M
....
\Q
...,
fa
U
I...
GJ
C.
fa
I...
U
U)
co
M
o
o
o
o
o
l"'J'"
*IT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
00
(V)
o
o
o
o
o
\.0'"
*IT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
00
(V)
o
o
o
l..l)
l..l)
*IT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
00
(V)
en
~
W
C
ce
o
...I
~
U
ce
~
I-
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
M
I'.
en
...,
fa
U
I...
GJ
"tJ
fa
e
...J
~
U
fa
I...
....
en
M
l:J
Co
o
z
((J
+.J
CU
~
>-
32
((J
((J
S
CU
en
(V)
o
o 0
o 0
o 0
l..l) 0
0'" \.0
T""'l *IT
*IT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
en
(V)
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
en
(V)
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
M
\Q
en
...,
fa
U
I...
GJ
"tJ
fa
e
...J
~
U
fa
I...
....
o
~
"
\.0
\.0
\.0
T""'l
l"'J'"
*IT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
o
"""
o
o
o
o
l..l)
\.0'"
*IT
o
o
o
o
(V)
*IT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
..0
o
"""
U
o
"""
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
+.J
C
((J
~
(J)
C
o
:......,
cu
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o ((J
$ E .
l.... 0. 0
((J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
cu
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N ((J 0
1:EU
((J .0. CU
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ ((J
_~ E ci
ou .0. U
CO :J
0-
W
I.. ~
e l:J (J) >- ((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
((J CU
+.J +.J CU
C C l....
::> ~ ~
((J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
((J ...
>
(J)
$
((J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
((J
((J
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
((J
C
.Vi
:J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.1::
a..
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
M
in
en
...,
ftJ
U
I...
GJ
"tJ
ftJ
e
...J
~
U
ftJ
I...
....
....
~
"
\D
\D
\D
\D
T""'l
-tIT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
T""'l
""'"
o
o
o
o
o
L/") ...
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
T""'l
""'"
o
o
o
o
(V)
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
T""'l
""'"
~
~
o
I-
U
ce
D.
~
o
u
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
in
N
CO
...,
ftJ
U
I...
e
...,
u
ftJ
C.
E
e
u
N
~
l:J
Co
o
z
((J
+.J
CU
~
>-
32
((J
((J
S
CU
N
""'"
o
o
o
o
o
(V)...
T""'l
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
N
""'"
o
o
o
o
(V)
T""'l
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
N
""'"
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
in
....
CO
...,
ftJ
U
I...
e
...,
u
ftJ
C.
E
e
u
M
~
o
o
o
o
L/")
N'"
-tIT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
(V)
""'"
o
o
o
o
L/")
,,'"
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
(V)
""'"
o
o
o
o
(V)
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
(V)
""'"
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
M
\0
in
C.
U
...,
ftJ
U
I...
e
...,
u
ftJ
C.
E
e
u
~
~
o
o
"
(V)
N
T""'l'"
-tIT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
""'"
""'"
o
o
L/")
"
0"1
N'"
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
""'"
""'"
o
o
o
(V)
N
-tIT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
""'"
""'"
...,
C
~
ftJ
.~
::s
cr
GJ
I...
e
M
\0
in
~
U
...,
ftJ
U
I...
e
...,
u
ftJ
C.
E
e
u
in
~
o
o
"
(V)
N
T""'l'"
-tIT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
L/")
""'"
o
o
L/")
"
0"1
N'"
-tIT
o
o
o
(V)
N
-tIT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
..0
L/")
""'"
U
L/")
""'"
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
"CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
c
GJ
::>
+.J
C
((J
~
(J)
C
o
:......,
cu
Z
l:J +.J
I... 0 C
e ~ E .
-g l....o.o
GJ ((J. U
::> -g 6-
::>w
I...
e
"tJ
c
GJ
::>
+.J
C
o ((J
~ ~ ci
~ .::J U
0-
W
I..
e
"tJ
c
GJ
::>
+.J
cu
U
+.J
o
I
I...
e
"tJ
c
GJ
::>
~ e-
N ((J 0
1:EU
((J .0. CU
I ::J +.J
o-C
W~
I...
e
"tJ
c
GJ
::>
+.J
C
~ ((J
_~ E ci
ou .0. U
CO ::J
0-
W
I.. ~
e l:J (J) >- ((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
c
GJ
::>
+.J
C
l:J(J)~
((J CU
+.J +.J CU
C C l....
::> ~ ~
((J
~
I...
e
"tJ
c
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
o. U
~ ::J
0-
W
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
((J ...
>
(J)
3:
((J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
((J
((J
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
((J
C
.Vi
::J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.1::
a..
I...
e
~ M
"C ....
RS U)
o ...,
~ fa
I U
t:
o
~
,......,
"tJ..., ((J
fa C ~
(J) ~ ~ ~
Z . fa >-
o t:.~ 32
" ~:J ~
; g GI 3:
~ D
W fa
I- ~
ce I...
~ B
fa
~
U)
~
o
o
o
o
(V')
r\I'"
-YT
CU
I..D
""'"
o
o
o
o
o
I..D ...
-YT
o
o
o
o
I..D
-YT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
I...
e
in
0. N
=? c
..Y. ...,
U fa
c::: U
~
,......,
"tJ..., ((J
C faC +.J
~ ~ ~ ~
((J.fa >-
o t:.~ 32
CO ~:J ~
~ C'" GJ S
~ e
((J D
.2:: fa
Qj ~
o
..0
I..D
""'"
U
I..D
""'"
o 0
o 0
L/') 0
" 0
T""'l L/')
r\I'" I..D ...
-YT -YT
I...
GJ
...,
fa
~
I'.
~
CU
"
""'"
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
"
""'"
o
o
o
L/')
L/')
-YT
0.
=?
..Y.
U
c:::
~
(J)
~
U~ ,......,
C ::::)"C "tJ
B ~ RS ~
~ I-~ ~
o ~ I C
COWCO
o I- 0 \0""".1
l.L. ce ~ ~
~ ~ 2
.2:: I-
Qj
o
U
"
""'"
fa
D
o
o
o
N'"
I...
GJ
...,
fa
~
co
~
o
o
L/')
T""'l
"
-YT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
00
""'"
o
o
o
o
r\I
r\I'"
-YT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
00
""'"
o
o
o
00
-YT
0.
=?
..Y.
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
U
00
""'"
o 0
o 0
L/') 0
o en
r\I ""'"
T""'l'" (V')...
-YT -YT
fa
D
o
o
o
~...
,......,
"tJ
fa
e
a:
.
C
o
\0""".1
~
U
:J
I...
l-
I...
GJ
...,
fa
~
((J
+.J
CU
~
>-
32
((J
((J
S
en
~
CU
en
""'"
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
en
""'"
o
o
o
T""'l
T""'l
-YT
0.
=?
..Y.
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
I...
e
a:
(J) 0
~ 0
W ....
...I D
U fa..., ((J
> E c +.J
~ ~.; ~
~ I.......~ ~
......... GJ:J ((J
~~GJ~
W U
>< GJ
..... a:
~ ~
GJ
.~
~
U
en
""'"
o
in
o
o
o
o
L/')
r\I'"
-YT
CU
o
L/')
o
o
o
o
L/')
,,'"
-YT
o
o
o
L/')
L/')
-YT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
0.
=?
..Y.
U
c:::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
Qj
o
..0
o
L/')
U
o
L/')
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\0111(
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Minlll(
=h:CI-
-CG)Z
._ a. W
~O~
>- ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ co U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
+.J
C
((J
~
(J)
C
o
:......,
cu
Z
l:J +.J
I... 0 C
e ~ E .
-g l....o.o
GJ ((J. U
::> -g 6-
::>W
I...
e
"tJ
c
GJ
::>
+.J
C
o ((J
~ ~ ci
~ .::J U
0-
W
I..
e
"tJ
c
GJ
::>
+.J
cu
U
+.J
o
I
I...
e
"tJ
c
GJ
::>
~ e-
N ((J 0
1:EU
((J .0. CU
I ::J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ ((J
_~ E ci
ou .0. U
CO ::J
0-
W
I.. ~
e l:J (J) >- ((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
((J CU
+.J +.J CU
C C l....
::> ~ ~
((J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
o. U
~ ::J
0-
W
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
((J ...
>
(J)
3:
((J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
((J
((J
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
((J
C
.Vi
::J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.1::
a..
...,
C
GJ
iii
.~
::::I
cr
GJ
I...
e
in
N
M
.....
~
({
I...
GJ
U
>
U
GJ
a::
........
I...
GJ
><
i
....
in
o 0 0
o 0 0
o 0 0
o 0 0
o 0 0
(V) ... 0"1'" T""'l
-ifT -ifT -ifT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
T""'l
l..l)
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
T""'l
l..l)
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
W ~
Z I
..... ...,
:::I: ""'"
U CO
III(
~
Z
~
o
c
>
III(
...I
I
I-
...I I
III( ~
:::I: fa
D. .c
~ c.
III( ~
U
T""'l
l..l)
o 0
o 0
o 0
o 0
l..l) l..l)
(V) ... CIJ ...
-ifT -ifT
ti
c
.c
U ((J
fa +.J
~ ~
~ ~ ~
e ((J
C ((J
> S
fa
...J
M
in
CU
(V)
l..l)
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
(V)
l..l)
o
o
l..l)
I"""-
\.D
-ifT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
(V)
l..l)
~
~
W
...I
...I
o
~
I-
...I
III(
:::I:
D.
~
III(
c
e
...,
0\
I...
~
"0
a::
~
fa
.c
c.
en
<C
lilt
in
o
o
o
C"\J
0"1
-ifT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
""'"
l..l)
o
o
o
o
(V)
C"\J'"
-ifT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
""'"
l..l)
o
o
o
o
C"\J
-ifT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
""'"
l..l)
c
e
...,
N
....
I...
~
"0
a::
~
fa
.c
c.
en
<C
in
in
(V)
(V)
(V)
(V)
CIJ
-ifT
((J
+.J
CU
~
>-
32
((J
((J
S
CU
l..l)
l..l)
o
o
o
o
l..l)
C"\J'"
-ifT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
..0
l..l)
l..l)
o
o
o
o
(V)
-ifT
0.
=?
~
U
c::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.~
OJ
o
U
l..l)
l..l)
~
~
U
::::)
~
I-
~
o
o
~
~
...,
C
~
fa
.~
::::I
cr
GJ
I...
e
E
e
e
I...
m
o
in
M
..,
a::
~
U
e
I...
m
CO
in
o
o
o
l..l)
l..l)
-ifT
((J
+.J
CU
~
>-
32
((J
((J
s
CU
CIJ
l..l)
o
o
o
l..l)
l..l)
T""'l
-ifT
o
o
o
l..l)
T""'l
-ifT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
o
+.J
+.J
C
0. ((J
=? E
~ ..c.
U U
c:: 2
+.J
~ cu
C E ((J
B g.~
~ ..0
o
CO
o
l.L.
~
((J
.~
OJ
o
l.... ((J
((J (J)
+.J cu
~..o
0'1
l:J
l:J
<(
C
o
:.j:j
0.
o
..0
CIJ
l..l)
U
CIJ
l..l)
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
"_ a. W
~O~
+-J
C
(]J
~
(J)
C
o
:......,
cu
Z
+-J
cu
U
+-J
o
I
~ e-
~E8
(]J .0. CU
I :J +-J
o-C
W~
~
>-(]J
> C
. C CU:.c
C (]J (]J U
::>~ICU
:E
+-J
C
o (]J
u E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..r::....
1:
o
S
~
l.L.
X
I-
c'"
o
+-J
C
(]J
o
X
I-
..r::.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
(]J ...
>
(J)
3:
(]J
.....J
X
I-
0'"
u
(J)
l....
l.L.
X
I-
l....
(]J
(]J
~
X
I-
..r::....
1:
o
S
~
l.L.
X
I-
C
o
+-J
C
(]J
o
X
I-
(J) ...
CU
CU
o
(J)
(J)
(]J
C
.Vi
:J
CO
I.!-
o
(]J
u
CU
c::
(]J
0..
.u
C
.1::
a..
o
o
Ll)
I"""-
-ifT
(]J
+-J
CU
~
>-
32
(]J
(]J
S
o
o
o
Ll)
N
-ifT
(]J
+-J
CU
~
~
..r::.
+-J
C
o
:E
I
....
s::::
~
ra
>
":;
C'"
GJ
In L. tn
W 0 tn 2
o :I:.! CU
:::I: 0 u ~
~ ~.s:::: ;;
ce GJin 0
~ ~ CfJ
u
r>>
o
.s::::
~
u
ra
I:C
en
in
o
o
o
o
N
-ifT
CU
O"l
Ll)
o
o
o
o
Ll)
-ifT
(]J
+-J
CU
~
>-
32
(]J
(]J
s
..0
O"l
Ll)
o
o
o
o
(V)
T""'l'"
-ifT
o
o
o
O"l
T""'l
-ifT
(]J
+-J
CU
~
~
..r::.
+-J
C
o
:E
0.
=?
..Y.
U
c::
~
C
o
+-J
C
(]J
o
CO
o
l.L.
~
(]J
.2::
Qj
o
u
O"l
Ll)
"'0
O"l
Ll)
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
1_ a. W
~O~
>- ..c....
I... l.... +.J
e ~ ~ 0
-g ro:C$~
GJ CO ~1:
::> ::E ~
I...
e
"tJ
C
GJ
::>
+.J
C
(]J
~
(J)
C
o
:......,
ro
Z
I...
e
"tJ
C
GJ
::>
l:J +.J
o C
o (]J
~ ~ ci
(]J. U
l:J :J
C 0-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
~ ~ ci
~ .:J U
0-
W
I..
e
"tJ
C
GJ
::>
+.J
ro
U
+.J
o
I
I...
e
"tJ
C
GJ
::>
~ e-
N (]J 0
1:EU
(]J .0. ro
I :J +.J
o-C
W~
I...
e
"tJ
C
GJ
::>
+.J
C
~ (]J
~ ~ ci
. U
CO :J
0-
W
I.. ~
e ~~~~
-g ~~~:c
~ ::>~I ~
""... ::E
I...
e
"tJ
C
GJ
::>
+.J
C
l:J(J)~
(]J ro
~ ~ ~
::> ~ ~
(]J
~
I...
e
"tJ
C
GJ
::>
+.J
C
o (]J
U E .
E 0. 0
o. U
~ :J
0-
W
X
I-
..c....
1:
o
$
~
l.L.
X
I-
c'"
o
+.J
C
(]J
o
X
I-
..c.
1:
o
$
~
l.L.
X
I-
ci)
C
~
X
I-
(]J ...
>
(J)
3:
(]J
.....J
X
I-
0'"
U
(J)
l....
l.L.
X
I-
l....
(]J
(]J
~
X
I-
..c....
1:
o
$
~
l.L.
X
I-
C
o
+.J
C
(]J
o
X
I-
(J) ...
ro
ro
o
(J)
(J)
(]J
C
.Vi
:J
CO
I.!-
o
(]J
U
ro
c::
(]J
0..
.u
C
.1::
a..
o 0
o 0
o 0
Ll) 0
N I..D
-i;A- -i;A-
I
...,
C
~
RS,.......,
"~ B
g~
I... >
e=
~~
0-""""
en <<n
Ln <<n
GJ.!
<<n U
RS C.
U.c
aJLn
eCC)
.c
~
U
RS
a:a
(]J
+.J
ro
~
~
ro
o
o
\C)
ro
o
I..D
(]J
+.J
ro
~
>-
32
(]J
(]J
$
..0
o
I..D
o
o 0
o 0
o Ll)
I..D "
'I"""'l -i;A-
-i;A-
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
U
o
I..D
0.
=?
..Y.
U
a::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.2::
ill
o
l:J
a
I..D
Gi
U
"i:
c.
GJ
<<n
RS
J:>>
GJ
e
.c
~
U
RS
J:>>
e
...,
"tJ
GJ
"tJ
"tJ
RS
<<n
C
e
~
c.
o
....
\C)
Ol
C
C
o
:.i:i
:0
C
o
U
l....
ro
..c.
~
3:
..0
ro
U
l:J
l:J
<(
ro
o
o
o
N
-i;A-
(]J
+.J
ro
~
~
ro
o
o
o
Ll)
I..D
-i;A-
(]J
+.J
ro
~
>-
32
(]J
(]J
$
o
o
o
o
N
-i;A-
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
o a
o a
o Ll)
N I..D
-i;A- -i;A-
(]J
>
.1::
l:J
ill
(]J
..c.
3:
oJ-
l:J
l:J
<(
(]J
+.J
ro
~
~
ro
o
..0
(]J
+.J
ro
~
>-
32
(]J
(]J
$
o
o
o
o
N
-i;A-
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
Ol
:0
ro
l:J
C
(]J
+.J
><
(]J
l:J
l:J
<(
U
o
o
o
N
-i;A-
(]J
+.J
ro
~
~
ro
o
o
o
Ll)
I..D
-i;A-
(]J
+.J
ro
~
>-
32
(]J
(]J
$
o
o
o
o
N
-i;A-
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
U)
~
W
W
I-
U)
C
.....
~
U)
a 0 0 0
a a a a
M Ll) Ll) a
M M 'I"""'l Ll)
'I"""'l M " 'I"""'l
-i;A- -i;A- -i;A- -i;A-
...,
c
~
RS
I~
~
C'"
GJ
I...
e
\C)
....
N
...,
RS
U
I...
GJ
GJ
...,
<<n
"tJ
:i
U)
N
\C)
(]J
+.J
ro
~
~
ro
o
ro
N
I..D
(]J
+.J
ro
~
>-
32
(]J
(]J
$
..0
N
I..D
(]J
+.J
ro
~
~
..c.
+.J
C
o
::E
0.
=?
..Y.
U
a::
~
C
o
+.J
C
(]J
o
CO
o
l.L.
~
(]J
.2::
ill
o
U
N
I..D
l:J
N
I..D
<(
'+-'
;Q
..c
><
W
I-
Z
W
~
D.
.....
::::)
0'
W
>
>
\Oce
OW
.........:::1:
\OMU.
ll:t.........O
LnCO...l
Mince
=h:CI-
-CG)Z
._ a. W
~O~
> ..c....
I... l.... +.J
e ((J ((J l....
-g ~~~~
GJ CO U +.J
::> cu l....
::E~
I...
e
"tJ
C
GJ
::>
l:J +.J
I... 0 C
e ~ E .
-g l....o.o
GJ ((J.- U
::> -g 6-
::>w
I...
e
"tJ
C
GJ
::>
+.J
C
o ((J
~ ~ ci
~.S U
0-
W
I..
e
"tJ
C
GJ
::>
I...
e
"tJ
C
GJ
::>
~ e-
N ((J 0
1:EU
((J 0.-
I.S 2
o-C
w~
I...
e
"tJ
c
GJ
::>
+.J
C
~ ((J
~ E ci
.9- U
CO :J
0-
W
I.. ~
e l:J~ >((J
"tJ ((J CU > C
C ~ ~ ~ ~
~ ::>~I CU
""... ::E
I...
e
"tJ
c
GJ
::>
+.J
C
l:J~~
((J CU _
:!:::! ~ CU
C ((J Qj
::>~C
((J
~
I...
e
"tJ
c
GJ
::>
+.J
C
o ((J
U E .
E 0. 0
0.- U
~ :J
0-
W
z
o
....
I-
D.
....
~
u
U)
w
C
o
z
+.J
C
((J
~
(J)
C
o
:.j:j
CU
Z
+.J
CU
U
+.J
o
I
X
I-
..c....
1:
o
S
~
l.L.
X
I-
c'"
o
+.J
C
((J
o
X
I-
..c.
1:
o
S
~
l.L.
X
I-
ci)
C
~
X
I-
~...
>
(J)
3:
((J
.....J
X
I-
0'"
U
(J)
.;::
l.L.
X
I-
l....
~
OJ
~
X
I-
..c....
1:
o
S
~
l.L.
X
I-
C
o
+.J
C
((J
o
X
I-
(J) ...
~
cu
o
(J)
(J)
((J
C
.Vi
:J
CO
I.!-
o
((J
U
CU
c::
((J
0..
.u
C
.;::
a..
....
c
~
RS
.~
~
C'"
GJ
I...
e
\C
N
N
....
RS
U
I...
GJ
GJ
....
<<n
"tJ
:i
U)
M
\C
o 0 0
o 0 0
N 0 (J"I
""" I..D L/)
T""'l (V') "
-ifT -ifT -ifT
((J
+.J
CU
~
~
cu
o
cu
(V')
I..D
((J
+.J
CU
~
>
32
((J
((J
s
..0
(V')
I..D
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
U
(V')
I..D
o
o
o
L/)
T""'l
-ifT
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
OJ
o
l:J
(V')
I..D
o 0 0 0
o 0 0 0
N 0 (J"I 0
""" I..D L/) L/)
T""'l (V') " T""'l
-ifT -ifT -ifT -ifT
....
c
~
RS
.~
~
C'"
GJ
I...
e
\C
M
N
....
RS
U
I...
GJ
GJ
....
<<n
"tJ
:i
U)
~
\C
((J
+.J
CU
~
~
cu
o
cu
"""
I..D
((J
+.J
CU
~
>
32
((J
((J
s
..0
"""
I..D
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
U
"""
I..D
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
OJ
o
l:J
"""
I..D
o 0
o 0
" (J"I
" """
T""'l """
-ifT -ifT
....
c
~
RS
.~
~
C'"
GJ
I...
e
\C
~
N
....
RS
U
((J
+.J
CU
~
~
cu
o
I...
GJ
GJ
....
<<n
"tJ
:i
U)
in
\C
cu
L/)
I..D
((J
+.J
CU
~
>
32
((J
((J
s
..0
L/)
I..D
o
o
00
00
o
T""'l'"
-ifT
((J
+.J
CU
~
~
..c.
+.J
C
o
::E
U
L/)
I..D
(J)
>
CU
l:J
(V')
(J)
>
CU
l:J
L/)
(J)
>
CU
l:J
(V')
N
o
o
o
L/)
T""'l
-ifT
(J)
>
CU
l:J
~
T""'l
>
CU
l:J
T""'l
(J)
>
CU
l:J
N
0.
=?
..Y.
U
a::
~
C
o
+.J
C
((J
o
CO
o
l.L.
~
((J
.2::
OJ
o
E
e
I.!-
(J)
>
CU
l:J
l:J
L/)
I..D
C
((J
l:J
CU
E
((J L
..0 ((J
l:J
C l....
CU 0
UI.!-
>0
l.... +.J
((J 0.
.2:: .(ij
~ ~
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
CM:
Community Development Division
Howard Martin, 349-8232 ..
SUBJECT
Consider adoption of an Ordinance of the City Council of the City of Denton, approving
guidelines for operation of the City of Denton Home Improvement Program and eligibility
criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines
and criteria; and providing for an effective date.
BACKGROUND
This ordinance approves guidelines and eligibility criteria for the 2006 Home Improvement
Program. Passage of this ordinance authorizes project payments that exceed $25,000 when
project meets program eligibility criteria and guidelines.
City Council awarded CDBG and HOME grant funds to HIP for the 2006-07 program year as
part of the City of Denton 2006 Action Planfor Housing and Community Development.
Additional funding sources may include program income, a Federal Home Loan Bank grant,
Section 108 Loan Guarantee funds, Denton ALERT funds and owner-provided personal funds.
All rehabilitation and reconstruction projects are competitively or reasonably bid and owners
select contractors from eligible or reasonable bids received.
Recommended changes to the 2006 Home Improvement Program includes: 1) eliminate
assistance for the "new construction" activity due to limited funding and an abundance of
existing owner-occupied housing units needing assistance; 2) increase the payable portion of
new loans by five percent for each income category (will be 15,25,45, and 75 percent of project
cost based on income and family size). This will assist in the repayment of the Section 108 Loan
if funds are awarded under the program. No other significant changes are being proposed.
ESTIMATED SCHEDULE OF PROJECT
The program guidelines will be in effect for owner-occupied rehabilitation and reconstruction
projects completed from October 1,2006 through September 30,2007.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
The Community Development Advisory Committee unanimously approved the HIP at their
March 2, 2006 meeting.
City Council approved funding for the Home Improvement Program activity in the City of
Denton 2006-07 Action Plan for Housing and Community Development on May 16, 2006.
FISCAL INFORMATION
Housing staff salaries related to program delivery will be paid with CDBG and HOME funds.
No general fund dollars are included to administer this program.
EXHIBITS
1. Ordinance
2. 2006 Home Improvement Program Guidelines
3. Community Development Committee Meeting Minutes of March 2, 2006
Respectfully submitted:
............................... ...................
J:aner::f;ttzg:er:ald:,/iJtre:ctor
Parks and Recreation Department
Prepared by:
~~~
Nancy Baker
Housing Programs Manager
2
S :\Our Documents\Ordinances\06\2006 liP Ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, APPROVING
GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT
PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS
OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the need to assist low and
moderate income families in securing safe, sanitary and decent housing; and
WHEREAS, the City of Denton participates in a Home Improvement Program administered
by the City of Denton Community Development Division and funded through a federal grant from
the Department of Housing and Urban Development; and
WHEREAS.. The City Council deems it to be in the public interest to approve the Program
Eligibility Criteria for the 2006 Program year; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council approves the 20.06 Home Improvement Program Guidelines
and Home Improvement Program Eligibility Criteria which are attached hereto and made a part of
this ordinance for all purposes as Exhibit f1A" and authorizes the City of Denton Community
Development Division to administer this program.
SECTION 2. The City Council authorizes the expenditure of funds in excess of $25,000 the
Community Development Division for projects meeting Program Guidelines and Criteria,
subject to compliance with competitive bidding laws, where applicable.
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:
Exhibit 1
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2 of2
Exhibit A
2006
Home Improvement
Program Guidelines
(!)
~~~I~
Available In Spanish I Disponible en Espaftol
EffAdiv& Data: 10101l2OO6
!!:r
~_l-fI:!iJSllIIQ
OPPORTUN1TY
Exhibit 2
Applicant(s) Is Subject
To All Guideline
Changes Up To The
Time Contracts Are
Signed And Project
Begins
TABLE OF CONTENTS
INTRODUCTION
Home Improvement Program. ................. ..... ... ... ... ................. ......... ............. ... ... ... ... ......... ........ ............... ..... ........ .... .... ......................... ....5
Description of General Program. Procedures ... .................. ..... .... .......... ...................... ................ ..... .... ... ... .... ...... ...... ..... ..... ......... ... ...... 5
I. PURPOSE.... .... ... ................ .............. .................. .................. ....... .............. ............................. ............. .............................. .............5
II. DES I G NATE D A UTH 0 RITY .......................................................................................................................................... 5
III. ELI G IB ILITY REQ UIREJ\ffiNTS: ............................................................................................. ~. · .. · .. · .. · · · · · .. .. 5
IV . APPLICATION PROCESSIN"G ....... .............. ... ............................... ................ ....... ......... ... ....... .... ...... .... ... ... .......... 7
V. SELECTION OF RECIPIENTS FOR ASSISTANCE............. ..............................................H.... u....................... 7
VI. WAIVERS AND APPEALS PROVISION.......,; .................................................................................... ......................... 8
VII. F INANe IAL AS S 1ST me E . . . . . . . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . .. .. . .. . . .. . .. .. .. . . . . .. . . .. . . . . .. . . . . . . . . . . . . . . . . . . . .. · · · · .. · · · · · · · · · · · · · · .. 8
VIII. CONTRACT REQUIREJ\ffiNTS ............. ........ ....... ... ..... ...... ................ .............. ............. ..... .... ..... ....................... 8
IX. PROJECT FEASIBILITY CRITERIA...........................................................................................................................9
x. PROJECT COST LIMITS ..................... ...... .......... ........ ............... ............................. ... .......... .......... ......................10
XI. ALLOWABLE EXPENSES................... .... ......... ......... .............................. ..................... .......... .... ..... ................. .....10
XII. PROGRAM ACTIVITY OPTIONS.......................... ...... ........................................................ .... ...... ........... ........10
A. Owner-Occupied Rehabilitation....................................................................................................... .11
B. Optional Reconstruction ...... .... ....... ....~... ....... .......... .......................... ................. .... ...... .... ..... ..11
XIII. CONTRACTOR SELECTION AND PROJECT MONITORING ....................................................................11
XIV . PAYMENTS TO CONTRACTOR............................ .... ..... ........................ .... .......... ........ ........ ..... ...... ......... ........ .12
"XV'. CONTRACTOR DEBARMENT ................ .... .............. ....................................... ........... ............... ................... ..13
AP PEND ICES. . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . · · · .. · · · · .. · · · · · · · · · · · · · · .. 14
APPENDIX 1 Qualifying Income Limits for Federally Assisted Programs ...........................................................15
APPENDIX 2 Targeted Neighborhoods Map..... ................. ..... .................................... ............... ...... .... .............. ........ .16
APPENDIX 3 Optional Reconstruction Assistance Application & ..............................................................................17
APPENDIX 4 Optional Reconstruction Rehousing Agreement..............................................................................18
APPENDIX 5 Space & Amenity Allowances For Reconstruction Activities ..............,..............................................21
INTRODUCTION
The City of Denton Home Improvement Program's objective is to assist low and moderate-income families in
seeming safe, sanitary and decent housing. This objective is accomplished through owner-occupied
rehabilitation and optional reconstruction activities.. Rehabilitation of an owner-occupied dwelling corrects
code violations and makes needed repairs.. If a dwelling is not feasible for rehabilitation, the applicant may be
eligible for a replacement single-family dwelling.. Optional reconstruction activity provides funds to demolish
dilapidated dwellings and construct new modest, energy efficient and safe single-family dwellings on owners'
lots..
The Home Improvement Program is administered by the City of Denton Community Development Division and
is funded by federal grant dollars from the United States Department of Housing and Urban Development
(HUD), participating owner funds, program income and other grant and private dollars, when available.
The following pages contain a detailed description of the Home Improvement Program including program
and project guidelines, policies and procedures and application and project bidding eligibility criteria. The
purpose of the guidelines is to explain to potential applicants and the citizens of Denton, the Home
Improvement Program and the levels of assistance available. For further information or clarification of the
guidelines, please contact the:
Community Development Division
101 S. Locust Street, Suite 500
Denton, Texas 76201
(940) 349-7726
(Located on the Denton Square in the Wells Fargo Bank Building - Fifth Floor)
Home Improvement Program
Description of General Program Procedures
I. PURPOSE
A~ The City of Denton Home Improvement Program provides technical and financial assistance for eligible low
and moderate-income households to complete rehabilitation and reconstruction activities to provide, as their
principal residence, modest, decent, safe and sanitary single-family dwellings~
B. Assistance shall be subject to the availability of grant funds, program loan income and HUD implementing
regulations. Administrative procedures will be modified to meet any change in rules and regulations ofHUD
that may occur over time.
II. DESIGNATED AUTHORITY
A. Administrative authority for implementation of the program will rest with the City of Denton Community
Development Division. Community Development staff approves rehousinglhousing agreements, contractual
and budget changes, as needed for project completion..
B. The Community Development Administrator will have the responsibility for final determination of the amount
of assistance to be made available to individual applicants, in accordance with the implementing procedures.
c. The Community Development Administrator will be responsible for approval of applicant eligibility for the
program and fmal approval of selection of applicants to be assisted.
III. ELIGIBILITY REQUlREl\1ENTS:
Eligibility requirements must be met for both the applicant's household and the property. Eligibility for assistance
is completed in two phases as described in sections A.. and B. below.
A. Applicant(s) / Household Eligibility Requirements:
1. Must be a United States citizen or a legal resident alien.
2. Must have owned and occupied the dwelling for not less than three consecutive years. (The period of
time an applicant has lived in a property under a lease for purchase or contract for deed form of
purchase may be taken into consideration in calculating the three consecutive years.)
3. Must hold a Fee Simple Title to the property. City stafIwill verify ownership through a general title
search.
a~ If applicant is purchasing their home by a "contract for deed" (or a like contract), where applicant
does not gain title to the property deed until all contractual obligations have been met, applicant is
not eligible for assistance. The seller must provide the purchaser with a filed warranty deed on
the property to satisfy this eligibility requirement
b. If applicant(s) inherited the property, the legal documents establishing applicant(s) has fee simple
title to the property must be on file in the Denton County Clerk's Office. Applicant must provide
proof of financial responsibility for the property (i.e. tax payments, and/or utility payments, fee
simple title~ executed, filed affidavit of heirship, etc.), and, proof of residency, both, for not less
than the most recent, three consecutive years.
4. Must meet program's income limits.
a. Gross annual total household income is at or below the following, adjusted for family size.
Current maximum income limit by household size is:
Household Size
1
2
3
4
5
6
7
8
Rehabilitation I Reconstruction
80% of the AMI
Maximum Income Limit
$37,250
$42,550
$47,900
$53,200
$57,450
$61,700
$65,950
$70,200
b. Must not have assets (total combined for all household members) in excess of$100,OOO.
NOTE 1: The appraised value of the applicant's property is excluded in total assets calculation.
NOTE 2: Annual income and asset income are calculated using HUD1s most current Section 8 Income
guidelines and rules as established in the Technical Guide for Determining Income.
5. Must be in good credit standing with and exhibit the fmancial ability to pay creditors, including the
following basic housing expenses:
a. Home Mortgage Payment, including the loan with the City of Denton for Home Improvement
assistance.
b9 Loan and revolving credit payment(s).
c. Property Taxes (City, County, DISD) for all owned properties.
d. Homeowner's Insurance Policy premiums
e~ Utilities: electricaVwater/sewage/solid waste and gas
6. Applicants denied assistance due to poor credit history may be reconsidered for the program upon
verifiable completion of six (6) consecutive months of successful debt management with Consumer
Credit Counseling of North Texas or other debt management companies with written approval. Note:
Debt management will be recertified prior to signing contracts.
7 ~ Must demonstrate that income exceeds projected housing expenses and would allow the applicant to
maintain the dwelling~
8. Homeowner may be required to provide owner contribution toward project cost (see Section VIT.A.).
9. Pre...existing mortgage note balance cannot exceed 80 percent of the property's appraised value for
rehabilitation and 70 percent of the property's appraised value for reconstruction~
1 0 ~ ~~~~~?:~'" ... .. :':'0'~f(f;'~' ;^~;:::::"'~~:;;~"~
NOTE: The City of Denton reserves the right to request an independent market analysis.
B~ Property Eligibility Requirements
1. Must be zoned to allow for single-family construction and be situated in a Targeted Neighborhood
within the city limits of Denton (Refer to Targeted Neighborhoods Map - Appendix 2)..
2.. Must exhibit building code deficiencies that make the dwelling unsafe or unsanitary9
3 ~ Structure must be more than 20 years old.
4~ May not have existing property code violations (such as high weeds, trash, debris, junk vehicles, etc)~
Any liens placed on a property for correcting any past or present code violations must be paid in full by
the time application processing occurs. Any items cited as a code violation on the property must be
corrected or removed before assistance is provided9
5.. Must be serviced by or be accessible to City-approved water supply, sanitary sewer and electrical
system.
6. Must meet all of the City of Denton's Land Development Codes.
7. Must comply with and meet all environmental regulations; Le., historical, floodplain, noise, lead, etc.
8. May not exceed Community Development Division Replacement Housing Space Allowances Policy for
reconstruction. Projects that would exceed the set standards due' to property deed restrictions or
neighborhood minimum requirements are not eligible for assistance.
9. Must be covered by an approved homeowner's insurance policy..
NOTE: If an applicant's property is not currently insurable because of its present condition or the
property is going to be reconstructed, the applicant must sign a HOMEOWNER AFFIDAVIT OF
UNDERSTANDING AGREEMENT FOR HOMEOWNER'S INSURANCE to satisfy this eligibility
requirement Proof of homeowners insurance must be provided at completion of a rehab or
reconstruction.
IV. APPLICATION PROCESSING
A. To be placed on the waiting list, applicants must meet the following guidelines:
1. Household's total gross annual income does not exceed current program income limits (See Appendix 1).
2.. Owner is living in and owns the single-family dwelling for not less than two consecutive years.
3. Property is located in a Targeted Neighborhood (see Appendix 2).
4~ Property meets requirements in Section llLB.
5. Applicant must complete a Waiting List Application Form and attach a copy of property deed or proof
of ownership. (Waiting List Application Forms are available at the Community Development Division,
101 S. Locust Street, Suite 500 Denton, Texas, 76201, 940-349..7726.)
B. Prospective applicants are assigned the next available number on the waiting list in the order the completed
waiting list application is received by the Community Development Division.
c. When applicant reaches the top of the waiting list, s/he will be notified in writing to complete the application
process and must provide all items requested on the checklist.. Further documentation, in addition to items
listed on the checklist, may be required to process application.
NOTE: Deadline dates will be specified in the notice to apply letter for contacting Community
Development to schedule an appointment to apply and for submitting required application information. These
deadlines are strictly enforced.
D. Applicant must provide all information requested and information must be complete and accurate regarding
their household composition, household income, and housing situation~ All infonnation submitted by the
applicant must be current and up to date~ All information will be verified and recertified by Community
Development staff as required by Federal regulations.
Any intentionally falsified information will cause the application to be rejected and the applicant will not be
allowed to reapply. Failure to disclose information that may affect eligibility requirements shall also
constitute fraud. Applicants shall be required to make full restitution to the City in the event Community
Development Division services are provided to applicants who provide inaccurate or incomplete information
in order to meet eligibility requirements~
E. Applicant must attend a credit, debt and monthly expenses evaluation meeting with Consumer Credit
Counseling Services, Inc..
F~ Applicant must attend a Successful Homeownership Workshop, with emphasis being placed on maintenance,
budgeting, cost effective decorating, and responsibilities of home ownership..
G. Community Development staffwill notify eligible applicant(s) of the financial assistance category he/she is
eligible for under the program guidelines.. Applicant will be notified that final eligibility for assistance is
determined upon completion of the feasibility study of the property.. Ineligible applicants will be notified of
the reason their application for assistance is being rejected..
H. Any applicant who feels that slhe has been oojustly denied assistance under the Home Improvement Program
should follow the appeal procedure outlined in Section VI.
V. SELECTION OF RECIPIENTS FOR ASSISTANCE
B~ Cotnmooity Development Staffwill provide counseling, and assistance as needed, to applicants in order to
facilitate the applicant's rehousinglhousing, including the following:
1. Information on the program and rehousinglhousing options available~
2. Assistance in soliciting bids for replacement housing.
3. Assistance in contractual compliance between applicant and contractor..
4. Assistance in inspection of construction of replacement dwelling, if applicable~
VI. WAIVERS AND APPEALS PROVISION
A. Request for Waiver: The City of Denton Home Improvement Program has been developed to adhere to a set
of guidelines in order to assure proper administration and management. In the event that an applicant feels
that hislher circumstances require special consideration, s/he may request, in writing, a waiver from the usual
requirements.. All requests should specify the requirement(s) 10 be considered for waiver and state the
applicant's reason(s) or special circumstances why s/he believes a waiver should be approved~ The
Community Development Administrator will review requests on a case-by-case basis. Applicant will be
notified in writing of the fmal decision.
B. Appeals Procedure: Applicants, who have been determined by the Community Development Administrator
to be ineligible for assistance, may appeal this decision to the 'Department Director. A written appeal must be
submitted.
C.. The Department Director shall issue a written response within fifteen days of receiving the request.
Vll. FINANCIAL ASSISTANCE
A~ Owu.er Contribution is a percentage of the total project cost that the applicant must provide at contract
signing. These funds are held in an escrow account and will be expended before City funds are used when
making contractor payments. Owner contribution increases on a sliding scale as household income increases.
See Appendix I for percent of owner contribution by income ranges and family size.
B. Citv of Denton Funds: The City of Denton will fund the remaining project costs using Federal HOD CDBG
and HOME dollars, program income and private funds, when available..
c~ Term of the Note is determined by the activity to be completed and/or total project cost as follows:
Activity / Proiect Cost Term
RehabilitationIBelow $10,000
RehabilitationIBetween $10,000 - $25,000
Rehabilitation! Above $25,000 - $45,000
60 months ( 5 years)
120 months (10 years)
180 months (15 years)
Reconstruction or Rehabilitation! Above $45,000 240 months (20 years)
D. Financial Assistance Levels: The City-funded dollars are payable through a two-part loan.. See Appendix I
for income ranges by household size, payable to deferred loan ratios and description of Payable and Deferred
loans~
E.. Applying to the Home Improvement Program is voluntary~ Funds for temporary relocation are not provided..
vm. CONTRACT REQUIREMENTS
A. Liens are in effect until all requirements of the deed and promissory note are satisfied~ The City of Denton
will be in the first lien position. When a first lien position is not possible, the City may accept second lien
position, subject to the review and approval of the Community Development Administrator. Liens are
released once all the requirements and conditions of the deed and note have been met..
B~ DEFAULT ON CONTRACT: If the applicant defaults on their contract, the lien will be called due in full,
and referred to the City of Denton's Legal Department to begin acceleration of the note as allowed by law~
The City will make every effort to work with the applicant to avoid foreclosure and will examine each
situation on a case-by-case basis.. Examples of loan default include, but are not limited to: 1~) Delinquent loan
payments; 2..) Failure of grantee to reside in the assisted dwelling unit as the principal residence of applicant;
3.) Failure to maintain adequate homeowner insurance coverage; 4.) Failure to pay property taxes when due.
C. SALE OF PROPERTY: In the event the grantee sells the property prior to maturity of the note, the sum of
the unpaid balance of the loan and the unforgiven balance of the deferred loan amount will become due
immediately. Under no circumstance will assistance be provided to grantee on any future property purchased~
D. DISCONTINUATION OF RESIDENCY: In the event the owner(s) no longer resides in the unit due to
death or a permanent medical condition and the heirs/owner decide to sell the property, the City of Denton
will accept as settlement of the note the lesser of:
1. Seventy (70) percent of the property's market value at the time of sale (the City reserves the right to
conduct an independent appraisal), or,
2. Payment of the entire loan balance (both payable and forgivable) owed at the time of grantee's death or
date grantee was no longer able to reside in his/her home due to medical reasons~
If the heirs decide to reside in the property, the City of Denton will negotiate a modified and/or continuation
of the note depending on beneficiary income and ownership circumstances. If the heirs decide to set up the
property as a tental unit, they will pay the balance due as calculated in nnn above and may request a monthly
payment arrangement The heirs will be required to sign a Modification of Note and Lien..
E. LOSS OF HOUSEHOLD INCOME: If, after the project begins, a household experiences a permanent,
substantial loss of household income, an applicant may request are-evaluation of their total annual gross
household income. This evaluation may result in a decrease in the payable portion of the note~ The loss of
i"collU must be from an income-eaming household member(s) whose income was used in determining the
original loan assistance category. Please note: Loss of employment (voluntarily or involuntarily) is not
considered a "permanent loss"" For purpose of this program "permanent loss" is defmed as:
1.. death
2~ retirement (must be 62 years of age or older)
3 ~ permanent disability
4~ Other substantial permanent loss of income, when approved by Community Development
Administrator.
All household members must complete all income information and forms as required in section N,
Application Processing - Application processing will be completed to determine if an adjustment and/or
extension to the payable portion of the note is eligible.. A determination will be made after evaluating the
household size and income using the program guideline income limits and financial assistance categories that
are being used at the time the request for reduced loan payment is made. When a loan adjustment and/or
extension is granted, the applicant must sign a Modification and Extension of Real Estate Note and Lien
reflecting the adjustment and/or extension of the note~
IX. PROJECT FEASmILITY CRITERIA
A. A decision as to the type and amount of assistance an applicant is allowed is based on the feasibility of a
property to be rehabilitated. An assessment will be completed using the following factors:
1. Determine if the rehabilitation cost will be affected by: the zoning ofa property, a property being
located in a designated IOO-year floodplain or floodway, a need to abate possible presence of lead-
based paint, possible historical restoration requirements, or if a rehab will reduce noise levels if
property is in a high noise area.
NOTE: The Floodplain Management regulations limit the total cost of all non-code repairs for any dwelling
located in a designated IOO-year floodplain to 50 percent ofa property's pre-rehabilitation appraised value as
set by the Denton Central Appraisal District (dwelling [not land] value only).
2. Determine if the framework and foundation of a dwelling are stable, or can be made stable through
rehabilitation. (May allow for structural engineer evaluation of structure when staff cannot determine.)
3. Lead-based paint hazard reduction techniques will be used when lead-based paint exceeds HUD' s
acceptable limits for lead content in existing paint. The limits for lead content exceed HUD's limits
when lead content exceeds 1 mg per cm2 (one milligram per centimeter squared), or 5000 ppm (parts
per million). The reduction techniques used by this program are described and found in the U. S.
Department of Housing & Urban Development's publication, Guidelines for the Evaluation and Control
of Lead-Based Paint Hazards in Housing, issued June 1995.
4. Is a room addition(s) needed to relieve serious overcrowding?
NOTE: Room additions and improvements to relieve serious overcrowding may be eligible and require the
approval of the Community Development Administrator.
B. A structural evaluation and project cost determination is completed. Projects that will exceed the Project Cost
Limits (Section X) are not eligible for rehabilitation assistance. Applicant may be referred for optional
reconstruction assistance.
X. PROJECT COST LIMITS
A. A rehabilitation project must meet all of the following 3 tests to be considered feasible to rehabilitate.
Projects not feasible for the rehabilitation activity may be eligible for reconstruction and must meet the cost
criteria in items 2 and 3 of this section.
1. Rehabilitation will not exceed $45 per square foot of total living space (using after rehabilitation square
footage). Exceptions: An additional $10 per square foot may be available, if the house needs to
comply with lead reduction. An additional $10 per square foot may be available to comply with
historical requirements.
2. Total project cost will not exceed of the current Maximum Home Subsidy Limits for Denton as set by
lllJD (See Appendix n.
3. The after project appraised property value plus all costs expended to complete the project (including
'uother funds" and "owner's contributiont1) will not exceed 95% of the current Single Family Mortgage
Limit for Denton as established by lllJD (See Appendix n.
B. PROGRAM MINTh1UM LIMITS FOR Home Improvement projects: A dwelling needing less than $5000 of
repairs is not eligible for Home Improvement Program assistance.
XL ALLOWABLE EXPENSES
Federal CDBG and HOME grant funds will be used to pay for eligible project costs to complete substantial
rehabilitation of existing owner-occupied properties and reconstruction of substandard owner-occupied properties.
Some allowable fees are:
o Cost of room addition(s), to relieve serious overcrowding when approved by the Community Development
Administrator.
o Demolition of substandard structures as needed to complete projects.
o Costs necessary to build modest, energy efficient, safe and sanitary replacement of principal residences
o Other eligible expenses the Community Development Division determines necessary to facilitate the
completion of activities allowed by this program (Example: title search, filing fees, platting, engineering
reports, permit and tap fees, etc~)
o Eligible administrative costs.
o Other fees and costs as allowed by the CDBG and HOME regulations.
NOTE: Funds for temporary relocation during project construction are not provided.
XII. PROGRAM ACTIVITY OPTIONS
The Home Improvement Program provides three options. The process required for all activities will be:
Process
o CD staffwill complete a project feasibility study~ This inspection will include a detailed evaluation of all
deficiencies needing to be addressed to bring the dwelling up to minimum program standards~
o Activity option determined based on feasibility criteria (Section IX.).
o Project details completed and approved by applicant.
o CD staff completes a cost estimate of the work to be completed4
o CD Administrator certifies the project as "eligible" or Unot eligible."
o If eligible, applicant signs a rehousing agreement (Appendix 4 or 6).
o Bid packet is prepared, bid out as described in Contractor Selection and Monitoring (Section xrrn, owner
chooses contractor from eligible bids, contracts are signed and project begins.
o The City's Building fuspections Division and CD staff inspects project's progress routinely to ensure
compliance with City codes and project specifications. Community Development staff completes final
inspection.
o For reconstruction activity, owner must have utilities connected and provide proof of homeowner's insurance
before property can be occupied.
o Project is closed upon contractor receiving contingency payment; owner receives loan payment schedule;
invoicing begins.
In the event a procedure is not addressed in these guidelines the Program Manager will determine the best course of
action~
A. Owner-Occupied Rehabilitation
This activity will assist eligible applicants rehabilitate single-family principal residences by making needed
repairs with the first priority being to correct code violations~ This activity is eligible when a completed
project will yield a structurally sound, safe, sanitary and decent single-family dwelling that meets City's
building codes (see Section IX).
B. Optional Reconstruction
The reconstruction activity is offered when existing dwellings are not feasible for rehabilitation. Optional
reconstruction provides funds to demolish existing dilapidated dwellings and reconstruct modest, energy
efficient, safe and sanitary replacement single-family dwellings.
XUI. CONTRACTOR SELECTION AND PROJECT MONITORING
All applicants are responsible for finding a contractor who will develop a proposal to complete approved home
improvement activity. Eligible applicants may request assistance from Community Development staff to help
homeowner with the bidding process~ The homeowner may elect to seek a bid proposal from a qualified contractor
of their choice. Bids by contractors submitted by the applicant must be reasonable (within 10 percent, high or low,
of the Community Development cost estimate)~ Contractors selected by the applicants must meet eligibility and
insurance requirements~
Contact any reputable and experienced contractor and request a bid for the required work.
IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assistance:
· Your local Better Business Bureau
. Any friends or neighbors who have had remodeling done to their properties.
ChmnberofCorrunerce
. Community Development Division Contractor's List
When a contractor comes to meet with you, you should:
. Show him/her the mandatory work items that have been identified by the Community Development Division
per the work write up, construction plans and project standards.
. Advise him/her that the bid proposal must be returned to you for submission to the rehabilitation program by
a due date.
DO NOT SIGN ANY AGREEMENT WITH THE CONTRACTOR.
Owner must submit the contractor's bid proposal to the Community Development Division at 101 S. Locust Street"
Suite 500", Denton. TX.
The Community Development staffwill review the proposal to verify that:
1. The contractor is licensed and has all City..required insurance coverage.
2. All required improvements have been included in the bid..
3. The proposed work is in conformance with the program's General Specifications.
4.. All proposed costs are reasonable (as verified by CD staff prepared cost estimate).
5. The contractor chosen by owner has not been disqualified by any local, State or Federal government
agency.
Any contractor whose name appears on the most current HUD or City of Denton Debarred Contractor's List will
not be eligible to participate in this program. References will be checked and claims of substandard workmanship
will be cause to declare a contractor ineligible. The contractor must also submit all required proof of insurance
forms and bonds (if applicable). Failure to submit these will result in rejection of the bid proposal.
The bid proposals that are submitted by the applicant will be reviewed by the Community Development Division to
determine if the total bid price is reasonable per cost estimate and under the maximum allowable amount THE
CITY OF DENTON AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS.
If the Community Development Administrator approves the bid proposal submitted by the applicant, the
Community Development staff shall proceed.
A construction contract must be signed. Before the contractor can start work, the applicant must issue a notice to
proceed.
The contractor's work will be monitored by the. applicant, the Community Development staff and the City of
Denton building code inspector. If the applicant considers any work done by the contractor to be unsatisfactory or
incomplete, the applicant should advise the contractor of the discrepancy and ask that it be corrected. In the event a
dispute exists between the applicant and the contractor with respect to the work, the City shall take appropriate
action in accordance with the provisions of the construction contract to assure that the applicant is satisfied before
making any payment to the contractor. In the event a dispute cannot be resolved, the Department Director shall
consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute.
Acceptance of Work
1. Final Inspection In order for the contractor to close out a project, a final inspection shall be made by
the City of Denton building code inspector, the Community Development staff, and the applicant If
the fmal inspection results in no additional work or no specified corrections, the applicant shall sign
fmal payment request stating that all work has been completed to their (applicant's) satisfaction~ The
building code inspector shall sign a final inspection form to confrrm the same. At this time, the
contractor is advised to submit to the Community Development Division copies of all warranties and
releases of liens from subcontractors and suppliers prior to contingency payment Community
Development staff will make copies of warranties and other documentation. The applicant will receive
original warranty and guarantee documents9 The Community Development Division will retain copies
of these documents for the file.
29 Warranty of Work As stated in the contract, the contractor shall guarantee the work performed for a
period of at least one-year from the date of final acceptance. The contractor will return in thirty (30)
days and ask the applicant if any additional repairs. are necessary. Any deficiencies or necessary repairs
to specified work will be completed at this time. If no repairs are needed, the contractor will request
that the applicant release the contingency payment.
XIV. PAYMENTS TO CONTRACTOR
A. The contractor shall receive approved final payment, minus a 10 percent contingency, for completed contract
within 15 working days after final inspection approval. The contingency is calculated on the fmal contract
amooot by adding the total project bid amount plus or minus change orders, minus, if applicable, the cost for
demolition. Contingency is withheld for thirty (30) days from the date of final acceptance by Community
Development Division staff. After thirty days, if no additional or warranty work remains, the contractor must
request written approval from owner and CD staff to release withheld contingency funds. Contractor must
endorse the Mechanic1s Lien Note over to the City of Denton and sign a release of note and lien of the
Mechanicts Lien Contract before contingency payment can be released.
B. A contractor may request interim-project payments throughout the course of the project.. Interim payments
will be made available to the contractor upon applicant and CD staff approval of any contract work that has
been completed~ Contractor will submit a CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC
STATEMENT form to the applicant when requesting payments.
c. An "All Bills Paid" affidavit and release of lien from all subcontractors and suppliers must be submitted to the
Community Development Division before fmal payment can be .released to contractor. Any electrical,
plumbing, mechanical, window and/or roofmg permits and termite inspection report must also be submitted to
the Community Development Division prior to releasing contingency payment to the contractor.
xv. CONTRACTOR DEBARMENT
A~ A contractor will be declared ineligible to participate in projects funded by the City of Denton Home
Improvement Program for one or more of the following causes:
19 Failure to complete a project within the prescribed contract period.
2. Failure to complete warranty repairs within a reasonable time period.
3. Failure to use licensed plumbing and electrical subcontractors.
4. Failure to obtain City-required insurance, Le., general contractor's liability, automobile liability and
builder's risk (if applicab le).
5. Failure to complete work in accordance with program specifications and/or accepted standards of
workmanship.
6. Failure to pay all subcontractors working on the project appropriately and/or by not submitting
affidavits of payment signed by all subcontractors9
7. Failure to obtain proper permits for work in progress.
8. Failure to treat applicants with respect and courtesy.
9. Other offenses not described here when the Community Development Director believes a contractor's
action(s) does not serve the best interest of the program, the City or the applicant
B. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or
appeal the action~ All appeals must be made in writing to the Community Development Division by the 15th
day from the date of the notification letter.
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 7
APPENDICES
Qualifying Income Limits and Ranges for the City of Denton's Federally Assisted Programs
Target Neighborhoods Map
Optional Reconstruction Assistance Application and Temporary Relocation Questionnaire
Optional Reconstruction Rehousing Agreement
Space & Amenity Allowances For Reconstruction Activities
APPENDIX 1
FY 2006/2007
City of Denton Community Development Division
Quali in Income Limits for Federall Assisted Pro rams
Rehabilitation and Optional Reconstruction Eligible Income Ranges
2-Part Loan Ratio. 750/0 Payable J 25% Deferred 450/0 Payable /550/0 Deferred 250/0 Payable /750k Deferred 15% Payable /85% Deferred
OWner Contribution 1 % of T alai Project Cost .75% of T etal Project Cost .5% of Total Project Cost .25% of Total Project Cost
Income Range Moderate Low Very...Low Extremely-Low
F am 11 Size 80% AMI - 65010 AMI 65% AMI - 50% AMI 50% AMI - 300/0 AMI ::;300/0 AM I
1 $37,250 - $30,251 $30,250 - $23J301 $23,300 - $13,951 $13,950 or Below
2 $42,550 - $34,601 $34,600 - $26,601 $26,600 - $15,951 $15,950 or Below
3 $47,900 .. $38,901 $38,900 - $29,951 $29,950 - $17,951 $17,950 or Below
4 $53,200 - $43,251 $43,250 - $33,251 $33,250 - $19,951 $19,950 or Below
5 $57,450 - $46,701 $46,700 - $35,901 $35,900 - $21,551 $21,550 or Below
6 $61,700 -$50,151 $50,150 - $38,551 $38,550 - $23,151 $23,150 or Below
7 $65,950 - $53,601 $53,600 - $41,251 $41,250 - $24,751 $24,750 or Below
8 $70,200 - $57,051 $57,050 - $43,901 $43,900 - 26J351 $26,350 or Below
*fu this two-part loan:
Part I: Pavable Loan is based on a percentage of the total City-paid project cost (see Section VII.D.). The payable
portion of the loan is amortized over the term of the note (60 to 240 months - see Section VItC.), and carries a 3 percent
interest rate. There is no penalty for paying the payable loan off early.
Part ll: Deferred Loan is based on a percentage of the total City-paid project cost (see Section VII.D..).. This portion of
the loan carries a zero percent interest rate. For every month applicant complies with deed and note requirements, a
fraction of the deferred loan is forgiven (on a 5-year note, 1/60, on a to-year note 1/120, on a IS-year note 1/180, and on a
20-year note 1/240).. The deferred loan terms are from between 60 to 240 months (5 to 20 years) based on project cost
and/or type of assistance activity (see Section Vll..C.). At the end of the contract term the deferred loan is forgiven,
provided applicant has satisfied all the conditions listed in the Deed of Trust and Promissory Note. The deferred loan is
secured by a lien on the property.
Reuortable Income: Gross income for all household members aged 18 and above must be included to determine
household's eligibility to receive assistance; however, some household members' incomes may be excluded when
determining the payback category that the eligible household will be approved for. They are: applicant's children,
grandchildren or legal guardians of the applicant who are aged 18 up to 22 and/or children aged 22 up to 25 who are full
or part-time students. Incomes for household members aged 25 and older will be included in determining the payback
category for the household.
Income Limit Source: U.S.. Department of Housing and Urban Development. Effective: February 11,2005
2006 Maximum Home Per-Unit Subsidy Limits for Denton
O.BDR=$85,273 l-BDR=S98,266 2-BDR=S119,491 3-BDR=S154,581 4-BDR=S169,683
95 Percent of the 2005 Single Famlly Mortgage Limit for Denton == $164,000 Effective: August 31, 2005
APPENDIX 2
City of Denton, Texas
Targeted Neighborhoods Map
APPENDIX 3
OPTIONAL RECONSTRUCTION ASSISTANCE APPLICA liON AND
TEMPORARY RELOCATION QUESTIONNAIRE
Your participation for optional reconstruction assistance is voluntary. Reconstruction funds are limited therefore; the
Program does not cover costs necessary for household to relocate during reconstruction of the property. Please complete
the following questionnaire. This information will help our staff in determining if you will be eligible for optional
reconstruction assistance.
1. I understand that it is my responsibility to relocate my household and that I am responsible for all costs involved to do
so?
Yes No
2. I understand that as a result of reconstruction, my appraised property value, set by the Denton Central Appraisal, may
increase significantly from the amount at which it is currently valued.
Yes No
3~ I understand that an increase in my property value may cause my property taxes to increase by a significant amount.
J am financially prepared to meet any increase.
Yes No
4. I understand that I am obligated to carry homeowner's insurance for the duration of the lien (20 years) that the City of
Denton will have on my property~
Yes No
5. I understand that my homeowner insurance premium will most likely increase as a result of the reconstructiont I am
aware that my insurance policy must cover the after-reconstruction appraised value of my property. I am financially
prepared to meet this increase.
Yes No
6~ I understand that I must request that my insurance company list the City of Denton as a UCertificate Holder" on my
policy.
Yes No
7. I understand that The City of Denton is limited in the amount of funds it can spend to reconstruct a propertyt I have
been briefed on these limits and understand that my eligibility for optional reconstruction assistance will be granted
only if it is determined that the total of all costs involved to reconstruct my property will be at or below the allowable
program limit. .
Yes No
This APPLICATION was completed by on e By signing
below, I am requesting that the City of Denton's Community Development Division to accept this as my application to be
considered for optional reconstruction assistance. .
Applicant's Signature
Date
APPENDIX 4
HOME IMPROVEMENT PROGRAM
OPTIONAL RECONSTRUCTION REHOUSING AGREEMENT
THIS AGREEMENT, made and entered into on (Date document will be sianed), by and between the City of Denton, Texas, and (Name
of aOQlicant sianina documenij hereinafter referred to as Applicant. This agreement covers the dwelling occupied at the following legal
address:
(Legal property description of dwelling to be reconstructed)
WHEREAS, The Applicant has heretofore requested and qualified for the Home Improvement Program with assistance from the City in
order to obtain adequate, decent, safe, and sanitary housing under the City's Community Development Block Grant and HOME
Program; and
WH EREAS, the City has determined that rehabilitation of the Applicant's residence is not a feasible alternative ~ and
WHEREAS, the City has determined that the Community Development Program will not provide the Applicant relocation payments and
assistance necessary to accomplish the volu ntary relocation of the Applicant from the substandard, unrehabable dwelling cu rrently
occu pied into an adequate, safe, and sanitary replacement dwelling.
NOW, THEREFORE, the City and the Applicant for and in consideration of the covenants and promises as hereinafter set forth, do
ag rea as follows:
1. The Applicant agrees to vacate permanently the currently occupied substandard dwelling with in 10 days notice by the City for
the need to vacate.
2. The Applicant agrees and hereby authorizes the demolition and removal of the currenijy occupied dwelling and clearance by the
City of the property. The Applicant further releases the City from any and all claims arising from this action.
3. The Applicant agrees to take possession and occupy the replacement dwelling when such dwelling is completed and the City
determines it to be ready for occupancy ~ The Applicant fu rther ag rees to sign any required instruments to effect this item.
4. The Applicant agrees to provide and bear all financial costs necessary to relocate Applicanfs household and furnishings without
assistance from the City of Denton.
5. The maximum budget authority for optional reconstruction assistance is (Maximum allowable funds for project), which includesJ
but is not limited to, property title search fee, the cost to demolish the existing dilapidated dwelling and the cost to reconstruct an
adequate, decent, safeJ and sanitary replacement dwelling on the original site (lot) of the dwelling vacated by the applicant
6. Applicant agrees to the time limitations as set forth in the Optional Reconstruction Guidelines in which to be moved from the
su bstandard property.
Applicant's Sig nature
Date
2nd, Applicant' Sig nature
Date
CITY OF DENTON:
.Comm unity Development Ad ministrator
APPENDIX 5
SPACE & AMENITY ALLOWANCES
FOR RECONSTRUCTION ACTMTIES
The City of Denton may provide replacement single-family modest safe, energy-efficient, decent dwellings. Space and
room limits for replacement housing are determined by household need. Replacement housing will provide up to the
followi ng :
Provided SPIce
1 Kitchen
1 Laundry Alcove
1 Coat Closet
1 Living Area
1 or 2 Bathrooms*
1 Dining Area or Kitchenette
1 Food Pantry Closet and/or Cabinet
1 Linen Closet
2-3 Bedrooms*** W/Closets**
1 Attached (Non-Conditioned) Storage Area
Maximum Square Feet Allowed (Within 2 DlfCent high or low)
2 Bedrooms 1 bath - 985 SF
2 Bedrooms 2 baths - 1040SF
3 Bedrooms 1 bath - 1100 SF
3 Bedrooms 2 baths - 1180 SF
4 Bedrooms 2 baths -1225 SF (***must be approved)
Amenities
1 Brick Mailbox
1 HVAC Unit (14-Seer AC)
1 Front Entry Door
1 50 gallon Water Heater
2-Car Driveway Space
Programmable Thermostat
1 Energy Star Refrigerator
1 Ceiling fan per bedroom and 1 in Living Room
1 Front & 1 Rear Exterior Weatherproof Electrical Outlets
1 Rear or Side Entry Door
1 Front & 1 Rear Hose Bib
1 Attic Access Stairs
Stand ard I ig hti ng i ncl uding exte nor safety lig his front and back
1 4' burner Gas or Electric Range/single Oven (appliances if needed)
Sod will be installed at a minimum of 51 wide around entire foundation/perimeter, 3' wide around sidewalks and driveway.
Season-appropriate seed will be spread on remainder of un-sod yard.
*A full bathroom may be made A.D~A. accessible to accommodate a physically handicapped household member. Household
may also select a 1/2 or 3/4 bath in place of a second full bath) if desired.
**Clothes closets will ideally, when possible) provide a minimum of 4' X 2' of space per bedroom.
***Determining Maximum Number of Bedrooms from household makeup: A household may select up to a 3 bedroom 2
bathroom house based on need~ A fourth bedroom may be requested in writing when a household believes there is a valid
need for the additional space~ The Community Development Administrator approves requests on a case..by-case basis.
Under no circumstances will this program provide space exceeding that described above.
UNOFFICIAL MINUTES
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
March 2, 2006
Civic Center Meeting Room
Members Present: Sandra Benavides, Walter Eagleton, Cathy Tedrick, Edward Touraine,
and LaNelle Winn
Members Absent: Ron Aldridge, Cassandra Berry, Larry Collister, and Maureen Jamail
Staff Present: Barbara Ross
Edward Touraine, chairperson, called the meeting to order.
The minutes from February 15th and 16th were approved with no corrections.
Barbara Ross provided the members with a copy of the final numbers from the scoring
sheets completed by CDAC members. Eight committee members completed the scoring
sheets giving a higher number to the applications that they felt were the highest priority.
The scores for each application are listed below:
Fred Moore Nursery Improvements 5 5 5 3 4 5 5 5 37
Home Improvement Program 5 3 5 4 5 3 5 5 35
Homebuyer Assistance Program 4 5 4 5 5 4 4 3 34
MLK Kitchen Renovations 5 2 3 4 5 5 5 4 33
DAHC-AHOP 4 5 3 2 4 4 4 4 30
Minor Repair Program 4 1 3 4 4 5 3 4 28
Skinner Street Sewer Replacement 3 2 3 5 3 5 2 4 27
Wilson Street Sewer Replacement 3 2 2 5 3 5 2 4 26
New Generation Playground 3 3 2 2 3 4 2 4 23
Mulberry A ve. Repave 4 1 1 3 2 5 2 3 21
Exhibit 3
Members reviewed the scoring sheet. Fred Moore Day Nursery School received the
highest score. Members agreed that the Fred Moore improvement project should receive
full funding. Mr. Touraine asked members how they felt about New Generation
Childcare. Members discussed concerns about the structure of the organization. It was
noted that the organization doesn't appear to have a "full board" and also have not
developed a budget that details revenues and expenditures. Members also commented
that the organization rents it's current facility and that they had recently moved from St.
Andrews Church. Members agreed that they might look at future funding but would like
to see a more stable organization with an active board before funding is provided.
LaNelle Winn stated that she felt the infrastructure projects were very important.
Members discussed the sewer projects and the repaving of Mulberry Street.
Ms. Winn also noted that she visited the MLK kitchen and that it was not in good
condition. Cathy Tedrick indicated that she had previously assisted with the Kids
Unlimited Program and that the kitchen did not work well for that program. Members
agreed to fully fund the MLK kitchen renovation.
Ms. Tedrick asked to discuss the Home Improvement Program and noted this was the
highest level of funding requested by any applicant. Ms. Ross explained that currently,
the program primarily carries out "reconstructions" rather than rehabilitations and that
this is why the cost per unit is so high. She noted that a portion of the funding also goes
to program soft costs. Ms. Tedrick asked if a reduction would mean that fewer units
would be rehabbed/rebuilt. Ms. Ross indicated that this was correct.
Ms. Tedrick also noted that the Homebuyer Assistance Program (HAP) had funds left
from the previous year. Ms. Ross commented that home sales were slow last year but
were already picking up. She added that Ms. Rodriguez-Garcia reduced her request due
to the fact that she had funds left from last year. Members agreed that they would not
provide full funding for HAP but would allocate the program-related soft costs from
CDBG for the program.
Mr. Touraine suggested that the Skinner and Wilson Street sewer projects receive full
funding. After correction of the funding sheet, members agreed to fund both sewer
projects. Ms. Ross reviewed previously funded public improvements and their status.
Mr. Touraine suggested that the committee take out the $24,000 of administrative costs
that the Denton Affordable Housing Corporation had requested and provide the agency
with $140,000 for the Affordable Housing Opportunity Program. Members agreed and
DAHC was allocated $140,000 specifically for AHOP.
This action left approximately $16,000 to be allocated. Members agreed not to fund the
Mulberry Repave project and to put the remaining CDBG funds into the Home
Improvement Program.
Ms. Winn moved to approve the allocations as stated. Walter Eagleton seconded the
motion. The motion was unanimously approved. The recommended allocations are
listed below:
2006 CDBG HOME
FUNDING FUNDS FUNDS
VlPPLICATIONS REQUEST $729,574 $532,076
2 COM DEV HOME IMPROVEMENT PROGRAM $598,015 $144,109 $392,076
3 COM DEV HOMEBUYER ASSISTANCE $109,500 $45,000
PROGRAM
4 COM DEV MINOR REPAIR PROGRAM $101,697 $101,700
5 ENGINEERING SKINNER ST. SEWER REPLACEMENT $65,000 $65,000
6 ENGINEERING WILSON ST. SEWER REPLACEMENT $130,000 $130,000
7 ENGINEERING MULBERRY AVE. REPAVE $64,000 $0
8 PARKS & MLK RECREATION KITCHEN $48,765 $48,765
RECR. RENOV A TIONS
9 [NON-PROFIT AFFORDABLE HOUSING $164,000 $0 $140,000
OPPORTUNITY PROGRAM
10 [NON-PROFIT FRED MOORE DA Y NURSERY $195,000 $195,000
SCHOOL IMPROVEMENTS
11 [NON-PROFIT [NEW GENERATION PLA YGROUND $27,091 $0
TOTAL FUNDING RECOMMENDED $1,503,068 $729,574 $532,076
Ms. Ross told the members that April 18th would probably be the date for the CDAC and
the HSAC to present their recommendations to City Council. The public hearing on the
Action Plan would also be held that evening at the regular session. She stated she would
send out the minutes and ask for corrections and approval via email.
The meeting was adjourned.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
CM:
Engineering Right-of- Way
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider adoption of an ordinance abandoning and vacating a 0.60 acre sanitary sewer easement from
Foxworth-Galbraith Lumber Company to City of Denton recorded in Volume 501 Page 273, Deed
Records of Denton County, Texas, and a 1.12 acre sanitary sewer easement from Dimension - Unicorn
Lake Associates, Ltd. to City of Denton recorded in Volume 1744 Page 758, Real Property Records of
Denton County, Texas, in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective
date. The Public Utilities Board recommends approval (5-0).
BACKGROUND
Windjammer, LTD. has requested that the City of Denton abandon its sanitary sewer easement
interests in conjunction with the future development activity known as the Unicorn Lake Development.
The existing sewer line that necessitated the subject easements is currently located outside of its
existing easements. To resolve this issue, Windjammer, LTD. is proposing to dedicate a new easement
to capture the existing sanitary sewer lines within an easement. The new proposed easement will be 25
foot in width, which will provide an additional area for future sanitary sewer improvements. And also
to clarify the easement boundary issue that currently exists on the property.
OPTIONS
1. Approve the Ordinance
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the Ordinance
ESTIMATED PROJECT SCHEDULE
December 2006
PRIOR ACTION/REVIEW
Public Utilities Board Review August 28, 2006. The Public Utilities Board recommends approval
( 5-0).
FISCAL INFORMATION
N/A
BID INFORMATION
Not applicable
EXHBITS
1. Location Map
2. Exhibit A
3. Ordinance
4. PUB Minutes
Respectfully submitted,
~.:.~...
. .
. . . .
.. .. .
... ... . . ... .. .
. . .
. .....
.. .. ..
. . . ..
.. .. . .
. . ... . .
. . ..
. .. .
.. ....
. ... . . .
. .. . . . . . .
.. .. .
.. . . .
::........ .... . ........
Jim Coulter
Director of Water/Wastewater Utilities
Prepared by:
Mark A. Laird
Right-of-way Agent
Real Estate and Capital Support
LOCATION MAP
DENTON REGIONP
MEDICAL CENTEF
DENTONIIST A TE SCHOO
NORTH
Exhibit 1
EXHIBIT A
10' SANITARY SEWER EASEMENT ~'" ~~:\.
VOLUME 770, PAGE 605 "t>..Sx,~~ ~ ~.
D.R.D.C.T. v . ~ '"
~x,~x, 1~
S~~~G
~~~ ~~, ~x,~
S~~ ,,1 ~~O
"riJ '0~x, ~~~
~O\)~x,
",0
~.
~
~
<?(') ~
. (') ;L
.A'\ U'!
.~
~~
q,(<\
-?..<) ~>"~
.'P ~ ~
.O~~
. (') Q ::;>.
.,>.v
~x,~\ .
&S~~~.~~
~~ ~~~O~
Sx,~ i'~ ~~~
~~~~~Gx, ~x, ~
, S~~ C", ",0
,,0 ~ 'j
~'0~
~O
'0
?'~ 6'.
1,~&
~~~
~ '<? ~)..
~..<)
~-YQ~
o<<'~
~~~~
o'~ ~
~).. 0 ~
olo~
~.~,>.~
~.
~~
~\\~
to S~ ~ " :;.
<;;,<:) ~ ~<::;.~ I~ Q.
ROS ~S~ $'~.
~~O x.~ ~ /:1 Q.
S<::;.~ 4J~
Q:cv
w~
~(jQ
0~~
~~'B
~~~
~ ~
0~~
c~~
~~~
PROPOSED ABANDONMENT AREA
NORTH
PROPOSED NEW EASEMENT AREA
N.T.S.
Exhibit 2
S:\Our Documents\Ordinances\06\Unicorn Lake Sanitary Sewer Easement Abandonment Draft Ordinance.DOC
ORDINANCE NO.
AN ORDINANCE ABANDONING AND VACATING A 0.60 ACRE SANITARY SEWER
EASEMENT FROM FOXWORTH-GALBRAITH LUMBER COMPANY TO CITY OF
DENTON RECORDED IN VOLUME 501 PAGE 273, DEED RECORDS OF DENTON
COUNTY, TEXAS, AND A 1.12 ACRE SANITARY SEWER EASEMENT FROM
DIMENSION - UNICORN LAKE ASSOCIATES, LTD. TO CITY OF DENTON RECORDED
IN VOLUME 1744 PAGE 758, REAL PROPERTY RECORDS OF DENTON COlJNTY,
TEXAS, IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO~ 950; AND DECLARING AN
EFFECTIVE DA TE~;
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, WINDJAMMER, LTD., for the abandonment of a 0.60 acre sanitary sewer easement
more particularly described in Volwne 501' Page 273 of the Deed Records of Denton County,
and a 1.12 acre sanitary sewer easement more particularly described in Volume 1744 Page 758
of the Deed Records of Denton County (the "Easements") and,
WHEREAS, staff has reviewed the requested abandonment of the Easements and has
recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Easements and the City's interest therein to the llllderlying fee
owner, and,
WHEREAS, it is the intent to fully abandon and release the Easements except that the
City of Denton hereby retains all rights in other easements and street right-of-way tracts which
cross or overlap the Easements; NOW, THEREFORE,
THE COlJNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference. The Easements are hereby permanently abandoned with all of
the City's right, title and interests being quit claimed to the Owner. A certified copy of this
ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence
this abandonment and quit claim~
SECTION 2. This ordinance shall become effective immediately upon its passage and
approva1~
PASSED AND APPROVED this the
day of
, 2006.
PERRY McNEILL, MAYOR
Exhibit 3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
FORM:
ATTORNEY
BY:
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 28, 2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
August 28,2006 at 9:03 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present:
Chair Newell, Bill Cheek, John Baines, Bob Bland and Randy Robinson
Absent:
Dick Smith and Phil Gallivan, excused
Ex Officio Member
Howard Martin, Interim City Manager
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending approval of American Public Power Association (APP A) annual
dues in the amount of$26,421.18.
2) Consider recommending adoption of an ordinance abandoning and vacating a 0.60 acre
sanitary sewer easement from Foxworth-Galbraith Lumber Company to City of Denton
recorded in Volume 501 Page 273, Deed Records of Denton County, Texas, and a 1.12 acre
sanitary sewer easement from Dimension - Unicorn Lake Associates, Ltd. to City of Denton
recorded in Volume 1744 Page 758, Real Property Records of Denton County, Texas, in the
M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date.
4) Consider recommending approval of the addition of $6,000 to the existing Purchase Order
for Allied Waste for disposal of screenings from the Pecan Creek Water Reclamation Plant.
Board Member Bill Cheek pulled item 3 for individual consideration.
Board Member John Baines moved to approve Items 1,2 and 4 with a second from Board
Member Bill Cheek. The motion was approved for a vote of 5-0.
Exhibit 4
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
CM:
Electric Utility
Howard Martin, 349-8232 ..
DEP ARTMENT:
SUBJECT
Consider approval of an Ordinance of the City of Denton, Texas authorizing the City Manager to
pay the City's annual dues to the American Public Power Association in the amount of
$26,421.18; Authorizing the expenditure of funds therefore; providing an effective date. The
Public Utilities Board recommends approval (5-0).
BACKGROUND
APP A is the national association of public power organizations. DME has been a member of
APPA since 1958. Bob Nelson, former ACM for Utilities, served as president of APPA for one
term during his time at the City. JR Richardson, DME's Manager of Electric Metering, is
presently serving as Vice Chairmen of the Engineering & Operations Section and as a board
Member of DEED, APPA's research support/grant arm. The association provides DME with a
wealth of useful and cost effective support. Some specific examples are:
. DME uses the APP A produced safety manual as the basis for its safety program.
. APP A provides benchmarking information in areas such as safety performance.
. APP A has a training institute that provides the technical training that DME managers and
supervisors use to gain the background they need to understand all aspects of their jobs.
. The APP A E&O Section sponsors an e-mail Q&A forum that posts technical questions from
member utilities so that other members can share their knowledge on the topic. DME
employees have found this service to be a particularly useful and cost effective way to gather
data and find solutions to problems.
. Following passage of the federal Energy Policy Act of 2005, APP A provided very complete
education to its membership on the Act and exactly how the Act impacted public power
entities. The APP A educational material, meetings, and conference calls allowed DME to
assure it was doing all that was necessary to comply with the Act at a low cost.
. When the City began considering doing a salary survey and compensation plan study, DME's
Director made one call to the APP A office and was put in contact with several very helpful
human resource contacts at other utilities through out the US.
In addition to the utility operation support discussed above, APP A effectively lobbies on behalf
of public power at the federal level. Although Texas utilities are not subject to direct Federal
Energy Regulatory Commission (FERC) jurisdiction, the positions APP A has taken at FERC and
in the federal legislature over the last ten years have never been harmful to DME and have often
been helpful. Without APP A's intervention, DME would have no ability to protect itself at the
federal level. At the present time, APP A seems to be one of the few electric power organizations
willing to step forward and point out the failures of the retail and wholesale electric deregulation
"experiments" around the US.
OPTIONS
1. Approve payment of the annual APP A dues.
2. Do not approve payment of the annual APPA dues.
RECOMMENDATION
DME strongly recommends approval of the APP A annual dues. The value DME receives from
this organization is well worth the cost of membership.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
This item reviewed by Public Utilities Board on August 28, 2006. The Public Utilities Board
recommends approval (5-0).
FISCAL INFORMATION
DME's APPA annual dues for the next fiscal year are $26,421.18. DME's APPA annual dues
for this fiscal year were $24,019.25. APP A calculates its dues based on a member's size.
Revenue and kWh sales are used to measure size. For the revenue component, a base rate of
$0.0003583375/$ is used for revenue up to $20 million and a reduced rate of $0.0001498750/$ is
applied to revenue above $20 million. For the kWh sales component, a base rate of
$0.0000072213/kWh is used for sales up to one billion kWh and a reduced rate of
$0.0000030793/kWh is applied to kWh sales above one billion kWh. APP A also caps any dues
increase resulting from application of the formula at 10% above the previous year's dues.
EXHIBITS
1. APP A Dues Invoice
2. Ordinance
3. PUB Minutes
Respectfully submitted,
!BIll.
..................................................................
Sharon Mays
Director of Electric Utilities
Ay~
DUES INVOICE
American Public Power Association
2301 M Street, N.W.
Washington, DC 20037..1484
2021467 -2900
202/467 -2932 (fax)
www.APPAnet.org
Sharon Mays
Denton Municipal Electric
901-A T&xas St
Denton, TX 76201-4354
DATE 07/26/2006
INVOICE # 95935
MEMBER # 6065
Denton Municipal Electric
Retail Revenue:
Wholesale Revenue:
$101 t 168,000.00
$Q~OO
Retail kWh SaJes~ 1136150000
Wholesale kWh Sales: 0
Began Membership:
Last Years Dues:
10/01/1958
. $ 24t019.25
The APPA dues for Denton Municipal Electric were calculated using data for the year 2004 as fal.Jows:
Retail Revenue < .$20 million: $20~OOOJOOO.OO X .0003583375
Total Revenue> $20 million: $81,168,000.00 X .0001498750
Retail kWh < 1 billion: 1000000000 X .0000072213
Total kWh> 1 billion: 136150000 X .0000030793
Your dues have been capped at 100/0 increase over last yea(s dues
$7, 166~ 75
$12,165.05
$7,221 ~30
$419.25
$26,972.35
$26,972.35
.$26,421.18
Cal'culated annual dues based on APPA's utility member dues formula i"s
Total
APPA dues for Denton Municipal Electric
for twelve months starting 10/1/2006
AMOUNT DU.E:
DATE DUE:
$26,421.18
10/1/2006
APPA will provide superior professional representation, information, 'and services necessary to enable public power to excel in a
changing business, legislative, and regu latory environment
TERMS: NET 30 DAYS
Please make checks payable to American Public Power Association
Charge my credit card (check one)' 0 MasterCarct 0 VI SA 0 American Express
Cardholder Name: Cardholder Signature:
Tax ro: 53-0026315
o Discover
Card Number:
Remit payment to:
American Public Power Association
P.O. Box 630380
Baltimore, MD 21263-0380
Expiration Date:' Total to Charge:
Please include a copy of this invoice
with your payment.
Your PO Number:
:.:- :..:~;..-_.. ~... ".-".. .:-- ....... :.:--::.:.....: :..:.
Exhib~t 1
.." .:", -. _....~. .::.: ~.~. ~
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF DENTON] TEXAS, AUTHORIZING THE CITY
MANAGER TO PAY THE CITY'S ANNUAL DUES TO THE MvlERICAN PUBLIC POWER
ASSOCIATION IN THE AMOUNT OF $26,421.18; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has considered and approved the payment of the City of
Denton, Texas armual dues, now due and owing, to the American Public Power Association
("APP AU), a national association of public power organizations, in the amount of $26,421.18 in
order to maintain membership and to continue receiving the benefits of being a member of the
organization; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager shall pay the sum of $26,421.18 directly to the
American Public Power Association, for annual dues for the current accounting period.
SECTION 2. That the expenditure of funds as herein provided is hereby authorized.
SECTION 3. 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: /~0 ~
S :\Our Documents\Ordinances\06\DME-2006 Payment of APP A Dues.doc
Exhibit 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 28, 2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
August 28,2006 at 9:03 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present:
Chair Newell, Bill Cheek, John Baines, Bob Bland and Randy Robinson
Absent:
Dick Smith and Phil Gallivan, excused
Ex Officio Member
Howard Martin, Interim City Manager
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending approval of American Public Power Association (APP A) annual
dues in the amount of$26,421.18.
2) Consider recommending adoption of an ordinance abandoning and vacating a 0.60 acre
sanitary sewer easement from Foxworth-Galbraith Lumber Company to City of Denton
recorded in Volume 501 Page 273, Deed Records of Denton County, Texas, and a 1.12 acre
sanitary sewer easement from Dimension - Unicorn Lake Associates, Ltd. to City of Denton
recorded in Volume 1744 Page 758, Real Property Records of Denton County, Texas, in the
M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date.
4) Consider recommending approval of the addition of $6,000 to the existing Purchase Order
for Allied Waste for disposal of screenings from the Pecan Creek Water Reclamation Plant.
Board Member Bill Cheek pulled item 3 for individual consideration.
Board Member John Baines moved to approve Items 1,2 and 4 with a second from Board
Member Bill Cheek. The motion was approved for a vote of 5-0.
Exhibit 3
CITY OF DENTON CITY COUNCIL MINUTES
July 25, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Tuesday, July 25,2006 at 5:00 p.m. in the Council Work Session Room at City
Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
Council considered Item #2.
2. The Council received a report, held a discussion, and gave staff direction regarding the
City's Long Range Financial Forecast and Budget.
Jon Fortune, Assistant City Manager, reviewed the major assumptions for the proposed budget.
The property tax growth for the next 5 years was discussed. City service enhancements included
police staffing, code enforcement, street materials and library books. If all of the proposed
service enhancements were to be done, a $.01 tax increase in 2007-08 would be required. He
reviewed the assumptions for sales tax growth, Electric ROI and FF ECA calculations, gas well
revenue, fund balance, use of one-time sources of money and economic development incentives.
Major expenditure assumptions included compensation, health insurance, vehicle replacements,
service enhancements, new positions, and operating expenses adjusted for inflation. Plan
changes in the health insurance might not be necessary as the cost of the increases may be
absorbed by the budget. The differential calculation for the next five years was discussed. The
CIP in 2005 assumed a $.04 tax increase. To date, none of that projected increase had been used.
The forecast used $.02 of that rate.
Council discussion:
. There appeared to be a flattening of the rate of the health insurance premiums. Was that
due to the reduction in the number of employees? Fortune replied no that it was due to the plan
design changes.
. There was a limit on the number of plan design changes. One or two more benefits could
change but any more would significantly impact the employees.
. The outcome of changes had a larger impact on employees than thought when they were
firstinnplennented.
Amanda Green, Chair-Employee Insurance Committee, stated that the Committee had requested
feedback from the employees regarding the changes from last year and the employees had
indicted that they could not financially tolerate any more changes.
Deputy Mayor Pro Tem Mulroy Joe stated that there was a large transition for the employees
from having no responsibility to a large responsibility in their health care. He felt that the
threshold for changes had just about been reached. Any further design plan changes would result
in diminishing returns.
City of Denton City Council Minutes
July 25, 2006
Page 2
Mayor McNeill noted that the City was moving toward a fund balance requirement of 15%, as
the amount next year would be 14.5%.
Deputy Mayor Pro Tem Mulroy noted that the service enhancements included a police staffing
increase of 8 full-time employees, a code enforcement increase of 2 full-time employees, street
materials increases and an increase in library books.
3. The Council received a report, held a discussion and gave staff direction regarding an
amendment to an Economic Development Program Grant Agreement between the City of
Denton and SFT Industrial, Ltd, for the Granite Point Business Park development to include a
one-time payment for infrastructure improvements.
Linda Ratliff, Director of Economic Development, stated that the first phase of Granite's
business park was nearing completion. A condition of the agreement required the City to
improve Metro Street to the entrance of the Texas Industries plant within six months of the
issuance of Granite's building permit for Phase I. During the process of preparing and reviewing
the project plan, it was discovered that only a portion of Metro was actually a dedicated City
street. The remaining portion of the road belonged to TXI. TXI agreed to donate the right-of-
way to the City in exchange for the ability to connect to the sewer line being extended by Granite
along Metro. Granite had contractors on site that could undertake this project at a considerable
cost savings to the City. They agreed to perform this work but requested that the City reimburse
them for the actual cost in a one-time payment at an estimated cost of $30,000. Another part of
the negotiations was to work with TxDOT to improve the access road. TxDOT improved the
access road but stopped at Metro Street with additional funding probably not available until
2010. Several options were being explored to help with this situation. The City was not
obligated to participate in the cost of any improvements to the access street as it was not in the
agreement but Granite was expecting this to be completed.
Mayor Pro Tem Kamp suggested having Ratliff, Mark Nelson and John Polister discuss the
situation at an upcoming Mobility Committee meeting.
4. The staff responded to requests for clarification of consent agenda items listed on the
consent agenda for July 25, 2006.
Deputy Mayor Pro Tem Mulroy requested that Item #F be pulled from consideration at this time.
Council Member McElroy noted that Item D was an annual bid for all types of minor concrete
work throughout the year. He was going to pull that item for separate consideration during the
Consent Agenda.
5. The Council received a report, held a discussion and gave staff direction regarding
nominations to the City's Boards and Commissions.
Jennifer Walters, City Secretary, stated that Council had received the nominations submitted
since the July 18th meeting. There were still some vacant positions requiring nominations.
Council would be voting on the approval of the nominations under "Items for Individual
Consideration". Council also needed to designate the terms of office for the Public Art
Committee.
City of Denton City Council Minutes
July 25, 2006
Page 3
Council directed the City Secretary to devise a procedure for designating the terms of the Public
Art Committee so that four members would have a term of office from 2006-07 and five
members would have a term from 2006-2008.
Following the completion of the Work Session, the City Council convene in a Closed Meeting at
5:55 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. The following items were discussed in 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. 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 S142.113(b) and S142.063(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.
Special Called Meeting of the City Council on Tuesday, July 25, 2006 at 6:30 p.m. in the
Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
City of Denton City Council Minutes
July 25, 2006
Page 4
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. July Yard-of-the-Month Awards
Mayor McNeill presented a proclamation for John B. Denton Day.
Mayor McNeill presented July Yard-of-the Month Awards to:
Roger and Sheila Scroeder
Alex and Gayle Lieban
Ray and Joyce Erwin
Inez Kelly
Frank and Rebecca Conner
Chris and Tracy Hanle
Water Smart Yard - UNT Marquis Hall
Business Yard - Hampton Inn and Suites
3. CONSENT AGENDA
Council Member McElroy requested that Item D be pulled for separate consideration.
Mayor McNeill stated that Item F had been pulled by Deputy Mayor Pro Tem Mulroy to be
considered at a future meeting.
Bob Clifton spoke on Items 3A and 3C.
Kamp motioned, Heggins seconded to approve the Consent Agenda Items and accompanying
ordinances with the exception of Item 3D. On roll vote, Heggins "aye", Kamp "aye", McElroy
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion
carried unanimously.
Item D was considered.
Council Member McElroy stated that he was concerned about the amount of dollars to be
included on the Consent Agenda. He understood that this was a large annual contract but he
wanted to have an explanation to the public.
McElroy motioned, Thomson seconded to approve Item D. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
1. 2006-207 - An ordinance accepting competitive bids and awarding a contract for
the purchase of printing, typesetting, distribution and advertisement sales for the
Parks and Recreation Department's PLAY Seasonal Brochure; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3529 -
Annual Contract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for
City of Denton City Council Minutes
July 25, 2006
Page 5
each section in the gross amount of$45,936 less $12,000 (Estimated Ad Revenue)
for a net estimated cost of $33,936.
2. 2006-208 - An ordinance providing for the expenditure of funds for the
emergency relocation of the Animal Services Crematorium in accordance with
provisions of State Law exempting such purchases from requirements of
competitive bidding; and providing an effective date (File 3544 - Relocation of
Animal Services Crematorium awarded to McCarty Construction and Crane
Service in the amount of $29,060).
3. 2006-209 - An ordinance authorizing and ratifying the procurement of the rental
of a water wagon vehicle, which is necessary to preserve the public health and
safety of the City's residents and therefore is exempt from competitive bidding
under Section 252.022 (A) (2) of the local government code; providing for the
expenditure of funds therefor; and providing an effective date (estimated amount
of $45,000).
4. 2006-210 - An ordinance accepting competitive bids and awarding an annual
Indefinite Quantity Public Works contract for the purchase of miscellaneous
concrete work; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3516 - Annual Contract for Concrete Work awarded to Floyd
Smith Concrete Inc. in the estimated amount of $1,200,000).
5. 2006-211 - An ordinance of the City of Denton, Texas authorizing the
abandonment of a portion of Nowlin Road between Teasley Lane and Saddleback
Drive and being a portion of or adjacent to Wheeler Ridge, Phase Three, an
Addition to the City of Denton, Texas, and providing an effective date.
6. This item was pulled from consideration.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered appointments to the following boards and commissions:
1. Community Development Advisory Committee
2. Human Services Advisory Committee
3. Planning and Zoning Commission
4. Public Art Committee
Mulroy motioned, Kamp seconded to approve the nominations listed in the agenda back-up
materials with the addition of Walter Eagleton to the Planning and Zoning Commission. On roll
vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson
"aye" and Mayor McNeill "aye". Motion carried unanimously.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
City of Denton City Council Minutes
July 25, 2006
Page 6
2. The Council received citizen reports from the following:
A. Nell Yeldell regarding young people being discriminated against
regarding utilities, funding and jobs.
Ms. Yeldell was not present at the meeting.
B. Carolyn Phillips regarding no District 1 representation on Charter
Review Committee.
Ms. Phillips stated that she was familiar with the representative chosen by Council Member
Heggins for the Charter Review Committee and he was a good choice. She wanted to remind
Council that District One needed a representative of its own. She cautioned Council on the
process for making nominations especially when using the telephone. She asked that Council
designate rules for making appointments to committees.
C. Lou Lowther regarding members appointed to the Charter Review
Committee.
Ms. Lowther stated that there was not a person on the Charter Revision Committee who was an
African-American. There was no set number of individuals who could serve on such a
committee. She requested that Council appoint an African-American to the committee.
D. Bob Clifton regarding City business.
Mr. Clifton stated that the Council had abused Denton Municipal Electric and there was enough
information to present a class action lawsuit. Money was taken out of DME that was not
appropriate. He suggested the Public Utilities Board members be a separate entity with elected
positions. If not, he would start an initiative petition to force an election.
E. John Paul Eddy regarding concerns for city council.
Dr. Eddy presented questions regarding particular issues. Those included how to enforce
property code ordinances, Fry Street development, repairing dangerous streets, convenient public
access times for city council meetings, paving a police parking lot and remove dumpsters in
middle of Fry Street. He also suggested limiting election campaign contributions from
individuals and requiring a finance report the week before an election.
C. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Montgomery requested information on how to address a trash
problem in vacant homes when the former residents leave and pile up trash and debris at
the street.
2. Mayor McNeill requested that the Chair of the Charter Review Committee make a
presentation at the next Council meeting regarding the status of the review.
City of Denton City Council Minutes
July 25, 2006
Page 7
3. Mayor Pro Tem Kamp requested a review of the public process of the CAPR
Committee on the search for a new city manager.
D. 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 presented an update on past citizen reports. He stated that Bob
Clifton had presented a picture of the Hickory Creek Substation and had made comments
regarding hazardous materials at the site. Martin stated that the Substation was being expanded
and a petroleum storage tank was removed. The tank was removed, tested and transported by an
environmental company authorized to handle hazardous materials. Mr. Clifton had also made a
comment regarding permits to cross the railroad tracks at Nottingham with fiber optic cables. He
noted that the permits had been received prior to being built and no additional permits were
required.
Mayor McNeill noted that the City was moving toward a 15% reserve account. He requested a
memo to Council for the public record in a Reading File.
E. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
F. There was no official Action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:20 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
August 1, 2006
After determining that a quorum was present, the City Council convened in a Closed Session on
Tuesday, August 1,2006 at 5:00 p.m. in the City Manager's Conference Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. Council considered the following in Closed Meeting:
A. Deliberations regarding personnel matters - Under Texas Government Code
S551.074
1. Deliberated and discussed 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.
Following the completion of the Closed Session, the City Council attended a reception for Board
and Commission members in the Council Work Session Room at City Hall.
The City Council convened in the Council Chambers at 6:00 p.m.
1. The Council considered approval of a resolution of appreciation for retiring
Board/Commission members.
Montgomery motioned, Kamp 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.
2. Oath of Office for New and Continuing Board Members.
Jennifer Walters, City Secretary, administered the oath of office for new and continuing board
and commission members.
After determining that a quorum was present, the City Council convened in a Regular Meeting
on Tuesday, August 1,2006 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. The Council received a report from Jerry Mohelnitzky, Chair of the Charter Review
Committee, regarding the progress of the Charter Review Committee.
Mr. Mohelnitzky stated that the Committee was making good progress and was moving forward
on the review. It had met five times for two hours per meeting. A public hearing had been held
with 30+ individuals in attendance and eight who spoke at the meeting. The Committee had
City of Denton City Council Minutes
August 1, 2006
Page 2
sixteen original items to review and one general category for minor changes. Three of those
items had been withdrawn, two had been rejected by the committee and the remaining eleven
were scheduled for consideration by the Committee. Staff was preparing the proposed wording
of the propositions for review. Future meetings were scheduled for Wednesday, August 7th and
Friday, August 9th if needed. The Committee should meet the deadline to get the proposals to
Council.
3. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/awards for this meeting.
Mayor commended those individuals who worked on the John B. Denton Days celebration that
took place this past weekend. It was a great event.
4. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
A. Approved tax refunds for the following property taxes:
Name
Reason
Tax
Amount
Year
2. LandAmerica/Steffek, Haden & Duplicate Payment
Courtne
2005 $1,426.95
6. Wellspring Worldwide Ministries DCAD Supplemental Change 2005 $ 902.65
(exemption added)
8. Walgreen Company DCAD Supplemental Change 2004 $ 786.62
(value change per Court Order)
10. G lendora Management/Robinson, Overpayment 2005 $ 655.69
Elaine
B. 2006-212 - An ordinance accepting competitive bids and awarding a contract for
the purchase of PVC Electrical Fittings for Denton Municipal Electric; providing
for the expenditure of funds therefore; and providing an effective date (Bid 3521
- PVC Electrical Fittings awarded to the lowest responsible bidder Techline, Inc.
City of Denton City Council Minutes
August 1, 2006
Page 3
in the estimated amount of $380,000). The Public Utilities Board recommended
approval (4-1).
C. 2006-213 - An ordinance of the City of Denton, Texas approving an agreement
between the City of Denton and the Denton Record Chronicle; approving the
expenditure of funds for the purchase of legal advertising services available from
only one source in accordance with the provisions of the State law exempting
such purchases from requirements of competitive bids; and providing an effective
date (File 3549 - Agreement with the Denton Record Chronicle in the amount of
$8.15 per column inch for an estimated award of$35,000).
D. 2006-214 - An ordinance of the City of Denton, Texas accepting competitive bids
and awarding a best value contract for tree trimming services for Denton
Municipal Electric; authorizing the expenditure of funds therefor; and providing
an effective date (Bid 3494 - Annual Contract for Tree Trimming Service for
DME awarded to Whitmire Line Clearance, Inc. in the estimated amount of
$300,000 per year). The Public Utilities Board recommended approval (5-0).
E. 2005-215 - An ordinance accepting competitive bids and awarding a contract for
truck beds and bodies for various City of Denton Departments; providing for the
expenditure of funds therefor; and providing for an effective date (Bid 3528 -
Utility Truck Beds and Bodies awarded to lowest responsible bidder, AG Van and
Truck Equipment in the amount of $27,997).
F. 2006-216 - An ordinance of the City of Denton, Texas, authorizing the City
Manager to pay the City's one-time lump-sum payment in the amount of
$461,244.15 to the Upper Trinity Regional Water District pertaining to Denton's
share of the Krum Transmission Pipeline Agreement; authorizing the expenditure
of funds therefor; providing an effective date. The Public Utilities Board
recommended approval (6-0).
G. 2006-217 - An ordinance approving an assignment of a certain commercial
Airport Operator's Lease between JVC Real Estate, L.L.C. and the City of Denton
to 4736 Lockheed Associates, Ltd., approving consents to sublease from 4736
Lockheed Associates, Ltd. to JVC Hangars, L.L.C.; approving a fractional interest
concept which subdivides the JVC Real Estate, L.L.C. lease into nine separate
units allowing a partial transfer, sublease and assignment of these units;
delegating to the Interim City Manager the authority to approve assignments from
JVC Hangars, L.L.C. or any successor in interest of the fractional units; and
providing an effective date. The Airport Advisory Board recommended approval
(6-1 ).
H. 2006-218 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional service agreement with T.
R. Edgar & Associates, for consulting services relating to a wage and salary
survey and to initiate discussions regarding compensation philosophy and
mechanics for the City of Denton, Texas (in an amount not-to-exceed $54,500);
authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton City Council Minutes
August 1, 2006
Page 4
I. 2006-219 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with T.
R. Edgar & Associates, for consulting services relating to a career progression
program and a wage and salary survey for Denton Municipal Electric (in an
amount not-to-exceed $46,500); authorizing the expenditure of funds therefor;
and providing an effective date. The Public Utilities Board recommended
approval (6-0).
J. 2006-220 - An ordinance of the City of Denton authorizing an amendment to the
Economic Development Program Grant Agreement between SFT Industrial, Ltd.
and the City of Denton; and providing an effective date. The Economic
Development Partnership Board recommended approval (4-0).
K. R2006-026 - A resolution of the City of Denton, Texas, amending Resolution No.
R2006-013 by changing the name from Audit Committee to Audit/Finance
Committee; approving a Council Audit/Finance Committee Directive, Bylaws of
the Audit/Finance Committee, and Internal Audit Charge; and providing an
effective date.
L. R2006-027 - A resolution of the City Council of the City of Denton, Texas
prescribing the manner in which the City will lease its oil, gas or other mineral
interests in lands; and providing an effective date.
5. PUBLIC HEARINGS
A. The Council held a pubic hearing and considered adopting an ordinance amending
Sections 35.13.7 and 35.23.2 of the Denton Development Code pertaining to tree preservation
requirements. The Planning and Zoning Commission recommended approval (7-0). (DCA 05-
0010)
Kelly Carpenter, Director of Planning and Development, stated that the Council Committee on
the Environment had met on March 29,2005 to discuss options for code amendments to address
tree preservation near gas wells, transmission lines, and fiber optic lines. The Council Tree
Subcommittee met on November 21, 2005 to discuss the same topic. The reason for such an
amendment was that the Committee on the Environment was concerned with allowing the gas
line developers to not pursue any tree mitigation leaving the surface rights owners to be
responsible for all the tree mitigation at a later time. She stated that there had been no less than
six public meetings on this topic and presented the details of the dates of those meetings. The
Planning and Zoning Commission had recommended approving the amendment. This was not a
substantive change to the ordinance but rather a clarification of the existing tree preservation
ordinance as it related to gas lines, fiber optics and gas utilities. It provided an exemption for
projects done by public utilities upon the filing of route plans prior to tree removal or
construction, which satisfactorily demonstrated that the proposed installation lies within routes
previously established by a current Master Plan for transportation or public utilities, or within an
existing easement recorded prior to the effective date of the proposed ordinance. It also clarified
the definition of a public utility. The amendment would require 25% mitigation paid into the
tree fund for every tree removed from the pad site, transmission and/or fiber optic line easement.
City Attorney Snyder noted that in addition to a master plan route, the ordinance addressed a
public utility having an easement in place prior to the effective date of the ordinance. The
City of Denton City Council Minutes
August 1, 2006
Page 5
mitigation for the installation of gas wells, gas transmission lines or to facilitate communications
infrastructure or utilities which did not meet the definition of a public utility, was for every 6"
dbh or larger tree removed, the applicant would mitigate the removal by paying the established
tree mitigation fee for 25% of the total dbh removed. Fees would be paid prior to tree removal.
Mayor McNeill noted that there had been numerous meetings held on this proposal. He
questioned the knowledge of the public at these meetings and their input.
Carpenter replied that there was not a lot of public attending those meetings. Those In
attendance were neither in favor or opposition to the proposal.
Deputy Mayor Pro Tem Mulroy stated that as this process evolved, he was reminded that the tree
ordinance was a tree preservation ordinance and not a tree replacement ordinance. The
ordinance was to encourage developers to pick a path with the least amount of trees destroyed.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bill Coleman, 300 N. Elm, Denton, 76201 - concerned about removing the ability of oil
and gas developers to work with others such as the surface land owners. It appeared that the
proposal targeted the oil and gas industry and held it to a different standard.
Medford Owen, 4401 North 135, Denton 76207 - opposed to the ordinance as presented.
The modification proposed was a substantive change as it removed choices his clients currently
had under the existing ordinance.
Bill Cotner, 1211 Country Club Drive, Midland - the ordinance would remove the ability
to operate under the existing code. There were no options available for the gas operators. He
felt there were alternatives available and the proposal did not protect the landowner.
The Mayor closed the public hearing.
Deputy Mayor Pro Tem Mulroy asked for a clarification of the 6 inch dbh cut off. He
understood it to read 25% of the total dbh removed rather than 25% of the trees 6 inches or
larger.
City Attorney Snyder indicated that he read the provision differently to mean only trees 6 inches
or larger. The wording could be clarified.
Deputy Mayor Pro Tem Mulroy questioned the ability of the gas companies to negotiate with the
landowners.
Snyder indicated that the ordinance contained wording to indicate "if not able to mitigate".
Council Member McElroy expressed concern that the current wording of the ordinance might
have an adverse effect and Council might consider tabling it for consideration of clarification on
wording.
Deputy Mayor Pro Tem Mulroy stated that there had been numerous meetings with few
participants in attendance.
City of Denton City Council Minutes
August 1, 2006
Page 6
The following ordinance was considered:
NO. 2006-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS
35.13.7 AND 35.23.2 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO
TREE PRESERVATION REQUIREMENTS; PROVIDING FOR A PENALTY
CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05-0010)
Mulroy motioned, Kamp seconded to adopt the ordinance as presented with clarification as
discussed with the mitigation fee for 25% of the total dbh removed for 6 inch dbh or larger trees.
On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton naming
the dog park in Lake Forest Park; and declaring an effective date. The Parks, Recreation and
Beautification Board recommended approval (4-0).
Janet Fitzgerald, Director of Parks and Recreation, indicated that the new park would be named
Wiggly Field. She reviewed the procedures taken for naming of the park.
The following ordinance was considered:
NO. 2006-222
AN ORDINANCE OF THE CITY OF DENTON NAMING THE DOG PARK IN LAKE
FOREST PARK; AND DECLARING AN EFFECTIVE DATE.
Kamp 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 approval of a resolution of the City of Denton, Texas,
supporting the North Central Texas Council of Government's proposed regional alignment
regarding the Texas Department of Transportation's Trans-Texas Corridor - 35 initiative; and
providing an effective date. The Mobility Committee recommended approval (3-0).
Mark Nelson, Chief Transportation Officer, presented the proposed alignment of the Trans-
Texas corridor as proposed by TxDOT. He noted that the Regional Transportation Council and
North Central Texas region was recommending an alternative corridor alignment that would
provide shorter access routes, facilitate a more efficient connection to urban centers and meet the
needs of both the State of Texas and the Dallas-Fort Worth region.
Mayor Pro Tem Kamp noted that the North Texas Region came together on the alignment that
backed the R TC and Council of Governments position.
The following resolution was considered:
City of Denton City Council Minutes
August 1, 2006
Page 7
NO. R2006-028
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENT'S PROPOSED REGIONAL
ALIGNMENT REGARDING THE TEXAS DEPARTMENT OF
TRANSPORTATION'S TRANS-TEXAS CORRIDOR - 35 INITIATIVE; AND
PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Montgomery 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.
C. The Council considered appointments to the following boards and commissions:
1. Community Development Advisory Committee
Council Member McElroy nominated Lisa Melby to the Community Development Advisory
Committee. He motioned that the Council's Rules of Procedures be suspended to allow voting
on the nomination at this meeting.
On roll vote to suspend the rules, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery
"aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
On roll vote to approve the nomination, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery
"aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
2. Planning and Zoning Commission
Council Member Montgomery nominated Jay Thomas to the Planning and Zoning Commission.
On roll vote to approve the nomination, Heggins "aye", Kamp "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. The Council received citizen reports from the following:
A. Robert Donnelly regarding council business.
Mr. Donnelly questioned the passage of so many alternative development plans and suggested
that the ordinance may need to be reconsidered. He questioned a development site where the
building of a slab was done before putting in a secondary access road. His concern was with a
fire danger with only one way in and one way out of the development. Ordinances were passed
for a reason and perhaps the city needed to slow down with development to stick with
requirements.
City of Denton City Council Minutes
August 1, 2006
Page 8
E. New Business
The following items of New Business were suggested by Council for future agendas:
1. Deputy Mayor Pro Tem Mulroy asked for a report on the construction site
mentioned in Mr. Donnelly's citizen report.
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 indicated that there would be a Council budget work session on
Wednesday.
G. There was no continuation of Closed Meeting under Sections 551.071-
551.086 of the Texas Open Meetings Act.
H. There was no official Action on Closed Meeting I tem( s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:32 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
August 2, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Wednesday, August 2,2006 at 9:30 a.m. in the Council Work Session Room at
City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding the
2006-07 Budget and the 2006-2011 Capital Improvement Program.
Jon Fortune, Assistant City Manager, presented details on the proposed 2006-2007 budget.
General Fund Reserve Level- the proposed budget would reach a 14.5% reserve level. The 2007
reserve level included utilization of vehicle replacement reserves and the incorporation of Emily
Fowler fund reserves.
Appraisal Roll Comparison - total taxable valve had increased 13.61 % over the 2005 taxable
value and 12% over the final 2005 value including supplements.
Tax rate - the proposed tax rate was $.62652, which was 1.8 cents above current rate and under
the rollback rate. The proposed tax rate increase would be used for community enhancements.
Those enhancements included police staffing, code enforcement staffing, street materials and
library books. This equated to a $1.99 increase in taxable value per home value. He reviewed a
five-year review of police department staffing. The proposed additions included five additional
patrol officers, one jailer position, one dispatcher, and one duty officer position. Code
Enforcement staffing included two additional code enforcement officers to encourage
neighborhood vitality, protect public health and welfare and instill high community standards.
The budget also included funding for a property assessment survey. Street maintenance included
a budget increase in materials by $904,000 for a total of $1.7 million. Library enhanced services
included an increase in funding for materials.
Property Tax Rate - a property tax rate comparison was reviewed.
Sales Tax - the 2005-06 sales tax was assumed to match the budgeted amount. Receipts in
excess would be held in reserve against future deficits. The 2006-07 sales tax assumed a 2.5%
increase based on the current year estimate plus anticipated reserve of $500,000. It was noted
that the economic development agreements in place had an effect on the sales tax received by the
City.
Compensation - non-civil service employees would receive a 2% cost of living adjustment
beginning October 7, 2006. They would be eligible for a 0-5% performance increase as part of
their performance review with an average increase of 2.08%. All increases would be applied to
the base pay.
City of Denton City Council Minutes
August 2, 2006
Page 2
Police compensation - the 2006-07 budget included a 5% increase with 2.5% effective October
7, 2006 and 2.5% increase April 7, 2007. Field training officers and tactical team members
would receive an assignment pay of $100 per month. Established scheduled step increases were
also included.
Fire compensation - the 2006-07 budget included an 8% increase for fire compensation. A 4%
increase effective October 7, 2006 and a 4% increase April 7, 2007. Certification pay was
included as well as established scheduled step increases. There would also be an increase in city
contributions to the Fire Pension Fund by 1 % from 10% to 11 %.
Compensation and Classification - A comprehensive review to the City's compensation
philosophy, job classifications, and pay plan design was included in the budget. The proposed
budget included a second year contribution of $100,000 for a total of $200,000 for the study.
Health Insurance - costs for health insurance were estimated to increase by 16%. The proposed
budget included funding to absorb the anticipated increase. Passing the increased cost of health
insurance to employees would result in a regressive reduction in salary.
Public Safety - Police Department budgeting included replacement of 26 vehicles, replacement
of bulletproof vests, funding increases in cost of training, vaccinations and inoculations, and
pawnshop monitoring. It also included software enhancements. The Fire Department budgeting
included Station #7 opening in December, replacement of ambulance and command vehicle,
physical fitness and health assessment program, various facility improvements at fire stations,
emergency management operations and outdoor siren maintenance, upgraded life support
equipment in two ambulances and twenty mobile data computers.
Community Services - Parks and Recreation Enhancements were budgeted for the
implementation of facility ID cards, energy savings equipment for recreation centers, irrigation
and lighting control systems, funding for Kings Kids Day Kamp and Owsley Summer Program
camp, consolidation of the Civic Center Pool into the General Fund, and various facility
improvements. The budget also included funding to update the current annexation plan.
Downtown - funds were budgeted for additional litter control on the downtown square and
surrounding area plus graffiti removal on public property around the downtown square.
Transportation - the proposed budget included funding for street maintenance for an additional
$175,000 for curb and gutter, sidewalk and ADA ramp improvements. Traffic and pedestrian
safety was addressed in the budget with $150,000 to repaint markings and replace old street signs
to meet new federal guidelines and $90,000 to enhance current signal maintenance. Funding was
included for $41,000 in grant leverage, radio maintenance, fencing and a maintenance shed at the
Airport.
Gas Wells - the budget included provisions for depositing royalty, tax or lease revenues into a
non-operative fund. The City Council policy indicated that reserve monies could be used for
future one-time needs. The Airport Gas well fund had four wells in production with an estimated
ending fund balance of $1,498,531. The non-airport gas well fund would have an estimated
ending fund balance of$539,470.
City of Denton City Council Minutes
August 2, 2006
Page 3
Vehicle Replacements - the proposed budget indicated that vehicles would be replaced as
necessary based on mileage, age, and high life-to-date maintenance costs. It was anticipated to
have 53 vehicles replaced and five new vehicles in the 2006-07 budget. There would also be a
change in vehicle purchase methodology for short-term debt and third party financing.
Other Issues - Human Services Agency Contributions included a total General Fund support of
$167,839 and a total proposed funding per capita of $1.55. The Capital Improvement Fund
indicated that the 2005 five-year bond program would be completed in fiscal year 2008-09.
Tourist and Convention Fund represented the recommendation from the committee. The 2006-
07 budget indicated that the motor pool fund would no longer be a separately budgeted fund with
vehicle purchases to occur in the department's operating budgets. The Emily Fowler Fund
would be combined with the General Fund. A Risk Retention Fund would be a newly budgeted
fund included in the 2006-07 budget.
Aquatic Center Fund - General Fund support of operations included water works park and
natatorium of 49% and average recreation center of 90%. Revenue was projected to cover
expenses in fiscal year 2007-08 and included DISD support. A deficit balance would be
eliminated several years later.
Solid Waste - various residential rate adjustments were proposed for 2006-07. A 4%
commercial rate revenue adjustment was proposed, a projected bond sale of $2.6 million and a
net increase of .5FTEs.
Water - a 2% retail rate revenue increase was proposed. The budget also contained a proposed
bond sale of$21 million with no bond sales in 2005 and 2006. A net increase of2.75 FTEs was
proposed.
Wastewater - no retail rate increases were proposed. An 18,000 gallon wastewater volume cap
for residential customers would be included. A bond sale of $2 million was proposed. The
2006-07 budget contained a net decrease of .25 FTE.
Budget Calendar - the upcoming budget calendar was reviewed. The final budget would be
adopted on September 26, 2006.
Following the completion of the Work Session Council convened in a Closed Meeting at 11 :40
a.m. to consider the specific item listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
McElroy motioned, Montgomery seconded that the deliberation under Closed Session was a
competitive matter and could be considered in Closed Session. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
A. DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES:
COMPETITIVE MATTERS - UNDER TEXAS GOVERNMENT CODE
SECTION 551.086.
City of Denton City Council Minutes
August 2, 2006
Page 4
1. Received a presentation and information from staff pertaining to the
Denton Municipal Electric ("DME") Proposed Annual Budget for the
Fiscal Year 2006-2007, consisting of competitive electric and commercial
information respecting the details of the present and future operational and
financial plans and strategies of DME; and discuss, deliberate, consider,
and provide Staff with direction regarding such matters.
With no further business, the meeting was adjourned.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 7, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Monday, August 7,2006 at 11 :30 a.m. in the Council Work Session Room.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, and Thomson.
ABSENT: Council Member McElroy
The Council convened the Special Called Open Meeting.
1. The Council considered approval of a resolution regarding clarification and amendment
of an Escrow Agreement between the City of Denton and Flow Health Care Foundation dated
February 16, 1993; and providing an effective date.
City Attorney Snyder stated that an escrow agreement between the City of Denton and Flow
Health Care Foundation was ambiguous as to how to calculate the value of the escrowed note.
Staff was recommending that Council approve the resolution clarifying the escrow at a minimum
of $2 million. The original purpose of the escrow was to protect any contingent liability of prior
patients.
The following resolution was considered:
NO. R2006-029
A RESOLUTION REGARDING CLARIFICATION AND AMENDMENT OF AN ESCROW
AGREEMENT BETWEEN THE CITY OF DENTON AND FLOW HEALTH CARE
FOUNDATION DATED FEBRUARY 16,1993; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion
carried unanimously.
The Council returned to the regular agenda order.
1. The Council received a report, held a discussion and gave staff direction regarding the
state and federal legislative priorities of the City of Denton, including but not limited to state
initiatives that impact city finances, regional transportation, utility issues and possible Texas
Municipal League resolutions for consideration at their annual conference in October, 2006.
John Cabrales, Public Information Officer, presented information regarding the City's state
legislative priorities and reviewed the previously approved federal legislative priorities. Any city
priorities for TML had to be submitted by September 11, 2006. Staff was recommending two
issues be forwarded to TML. One regarding beneficial reuse and another regarding special
districts in a city's ETJ. The hiring of a lobbyist in Austin was another issue to consider.
City of Denton City Council Minutes
August 7, 2006
Page 2
Council Discussion -
. How was the selection of the two issues made? Cabrales stated that many issues identified
by staff were already on TML' s list and others TML was not interested in supporting.
. If a lobbyist were hired would staff still travel to Austin on issues? Cabrales replied that
would be a decision of the Council and Manager. The lobbyist would help with the
scheduling of meetings with legislators.
. Mayor McNeill indicated that he would be serving on a task force dealing with utilities and
that he would testify on those particular issues when requested.
. It was vital to have some type of presence in Austin from the City
. Council requested information on the pros and cons of a lobbyist including cost comparisons.
An update on the issues presented was also requested. The update should note whether the
issue had been through a council committee such as the Mobility Committee.
Consensus of the Council was that the Mayor would be able to go to Austin and present the city
stance on issues.
Cabrales stated that since 1997 the city had participated with other Denton County cities in
presenting legislative priorities to state legislators at a Denton County Legislative Luncheon. A
date had not yet been selected but Highland Village was requesting to host the luncheon this
year.
Consensus of the Council was to participate in the luncheon hosted by Highland Village.
Cabrales stated that the Mayor and Interim City Manager had asked about the possibility of
hosting an "educational" type workshop for the state elected officials prior to the beginning of
the next session to give them background information on Denton's key legislative issues. Three
to four key issues would be discussed with the officials.
Consensus of the Council was to proceed with workshop sometime in November. The Council
Agenda Committee would collect the proposed issues from the Council and would develop an
agenda for the meeting. That agenda would be presented to the entire council for agreement on
the issues. Staff would start getting some preliminary dates and preliminary subjects and the
Agenda Committee would finalize. It was suggested that the date for the workshop would be
after the November election. The Agenda Committee would review if other cities should be
invited, as there should not be a duplication of members from the first luncheon. Those cities
should be ones that would be in favor of the issues Denton was interested in.
Consensus of the Council was to prepare the TML resolutions for beneficial reuse and special
districts in the ETJ for the next meeting.
City of Denton City Council Minutes
August 7, 2006
Page 3
2. The Council received a report, held a discussion, and gave staff direction related to
Neighborhood Services.
Janet Fitzgerald, Director of Parks and Recreation, presented the background information on the
neighborhood services division. She stated that staff was looking at the long range vision of the
division.
Neighborhood services background - the neighborhood empowerment program was established
in 2001 and provided matching funds for projects for neighborhoods. The program was
managed through Economic Development. A neighborhood registry was put together at this
time. In 2003 the city put together a focus group initiated with neighborhood representatives.
City goals were to work with self-sustaining and responsible neighborhood organizations,
proactive 2-way communication and partnership that achieved a high quality of life. The Denton
Neighborhood Alliance was formed in 2003. A list of goals and requests were presented from
the Alliance to the City. The results were that the city provided a single point of contact in the
Economic Development Department, a website was developed and a resource directory. NEP
grant funding was declined but available. The Denton Neighborhood Alliance today was an
informational resource to neighborhoods through a website and a mailing list, was a repository
for collective experiences of neighborhoods, and hosted the televised, non-partisan annual
candidate forum.
Current Structure - Fitzgerald reviewed the organizational chart of the division and presented
information on what other cities in the area were doing regarding neighborhood services.
Neighborhood Services future direction - Fitzgerald presented potential core functions and
strategic areas. Neighborhood service potential core functions included providing structure and
framework for neighborhoods, organizing and forming associations, identifying and resolving
neighborhood issues, serving as a liaison between neighborhoods and city government, educating
and encouraging interaction of neighborhoods with the City. Potential strategic areas included
neighborhood relations, neighborhood vitality and community relations. Neighborhood relations
involved organizing and bringing a neighborhood group together, neighborhood vitality involved
improving the physical conditions of a neighborhood and community relations involved
recognizing the economic impact of a neighborhood's health on the entire community.
An example of neighborhood services cooperation in the Bent Creek Estates area was presented.
The area was working with Code Enforcement, Police on safety issues and Keep Denton
Beautiful on landscaping issues. The neighbors were learning code enforcement regulations so
that they didn't always have to call Code Enforcement but rather contact homeowners to get
compliance with the code.
Council Member Montgomery stated that he received many calls regarding crime, graffiti, and
zoning changes. He felt the middle neighborhoods were gradually beginning to decay. The city
needed to get with those neighborhoods before that happened.
Council Member Thomson felt that it might be beneficial to have a no cost rental inspection
program and graffiti abatement program. These types of programs should be at no cost to the
homeowners.
City of Denton City Council Minutes
August 7, 2006
Page 4
Council Member Heggins stated that southeast Denton had two neighborhood associations. Both
of these associations had the same concerns but the problem was widening, as the two groups
were not together on how to handle the concerns.
Mayor Pro Tem Kamp stated that the Richardson program they had viewed emphasized training
on how involved neighborhood groups became in key issues. Training may be the key for the
groups in southeast Denton.
Council Member Montgomery stated that the City needed to take an obvious problem and handle
it as quickly as possible.
Mayor McNeill suggested that city employees out in the field make reports to Code Enforcement
as they did their jobs. The city had limited resources to enforce complaints so the issues to be
attacked must be prioritized.
Deputy Mayor Pro Tem Mulroy suggested adopting an educational manual for neighborhoods.
Consensus of the Council was to continue with program as presented. Staff would keep the
Council abreast of what going on in the division with a six month follow-up and a year follow-
up.
With no further business, the meeting was adjourned at 1 :08 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:
August 12, 2006
DEP ARTMENT:
Transportation Operations
CM:
Howard Martin, 349-8332 ..
SUBJECT:
Consider a resolution of the City Council of the City of Denton, Texas, amending resolution No.
R2005-053 and endorsing the "Joint Recommendation for Regional Rail in North Central
Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County
Transportation Authority (DCTA) and the Fort Worth Transportation Authority (The T) that
supports the concept of local option funding of public transit in the region by exempting an
amount equal to the locally authorized transit sales tax from the 2% local sales tax cap; and
declaring an effective date. (Mobility Chair Kamp recommends approval of the resolution.)
BACKGROUND:
The North Central Texas Council of Governments (NCTCOG) estimates that by the year 2030
the population in North Central Texas will exceed 8.5 million. NCTCOG supports the position
that to maintain regional mobility and sustain the current economy enjoyed in the North Central
Texas Region, seamless regional rail service in the urbanized areas of N orth Texas is essential.
To that end NCTCOG participated with the Regional Transit Initiative on an extensive study
examining the issue of regional mobility and regional rail.
Final recommendations by the RTI last year included the creation of a new coordinating agency
or Regional Rail Authority (RRA) in the North Central Texas Region. The proposed RRA was
intended to provide service to those areas not served by current transit authorities, DART, DCTA
and The T. The RTI concluded that legislative authority would be required to create the new
authority and to generate approximately $165 million in annual revenues to build and operate a
regional rail system. RTI further concluded that the most appropriate revenue source would be
the general sales tax and that a rate of one half cent, including a potential increase to the current
two-cent cap, would be needed. This proposed tax would be subject to voter approval in the new
serVIce areas.
The 79th Texas Legislature passed HB 2702, Article 5 that established a Regional Transit System
Review Committee (RTSRC) for the North Texas region. The Committee consists of state
legislators, mayors, county judges, county commissioners and transit system executive directors.
The RTSRC was charged with meeting between September 30, 2005 and September 1, 2006 to
examine seamless regional rail service in the North Texas region. The RTSRC established a
Working Committee that has met several times in the last year and will meet again on September
18, 2006 to finalize recommendations to be included in a report to the State Legislature on
regional rail in North Texas. Mayor Pro- Tem Pete Kamp represents the DCT A cities of Denton,
Highland Village and Lewisville on the RTSRC Working Committee.
Attached as Exhibit 1 is a draft resolution endorsing the three existing transit authorities'
(DART, DCTA and The T) Joint Recommendation for Regional Rail in North Central Texas.
The Joint Recommendation, provided as Attachment 1 to the draft resolution, supports the
exemption of an amount equal to the locally authorized transit sales tax from the 2% local sales
tax cap to allow local communities in a nine-county area a revenue option for public transit. The
Joint Recommendation also advocates that jurisdictions currently supporting public transit,
through a locally adopted tax, the option to have available capacity and determine whether they
would allocate the sales tax capacity for non-transit uses up to the existing cap.
The Denton City Council adopted Resolution 2005-053 in December 2005 supporting a similar
position, however, Resolution 2005-053 also supported a fourth regional rail authority as
previously recommended by the NCTCOG and the RTI. After several meetings of the Working
Committee in the past year, the existing regional transit authorities contend that a fourth transit
agency is not necessary. The transit authorities are advocating that the existing authorities
should continue to work through the NCTCOG in the coordination of their expansion plans and
service plans in providing public transit for the region. The transit agencies assert that
significant planning efforts have already been initiated coordinating public transit services to
include reciprocal fare agreements and seamless transfers between the systems that will
eventually provide a seamless regional rail network.
The City of Denton procedure for review and action did not permit the Mobility Committee to
consider this item prior to City Council action due to schedule constraints. Mobility Committee
Chair Kamp requested that this item be placed on the City Council agenda on September 12,
2006 so that Council could consider the proposed resolution prior to the next R TSRC Working
Committee meeting on September 18, 2006. As stated above, following the September 18
meeting, formal recommendations on the implementation of regional rail for North Texas will be
submitted to the State Legislature.
RECOMMENDAION:
Mobility Committee Chair Kamp recommends approval of the proposed resolution.
ESTIMATED SCHEDULE OF PROJECT:
A position statement is desired by DCTA prior to the September 18, 2006 RTSRC Working
Committee meeting.
PRIOR ACTION/REVIEW:
The City Attorney's Office has reviewed and prepared a resolution endorsing the Joint
Recommendation for Regional Rail in North Central Texas.
FISCAL INFORMATION
Not applicable at this time.
EXHIBITS
1. Draft Resolution
2. Resolution 2005-053
Respectfully Submitted:
~~p~
Mark Nelson
Chief Transportation Officer
S :\Our Documents\Resolutions\06\Joint Recommendation for Reg Rai1.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AMENDING RESOLUTION NO. R2005-053 AND ENDORSING THE "JOINT
RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS" AS APPROVED
BY THE BOARDS OF DALLAS AREA RAPID TRANSIT (DART), DENTON COUNTY
TRANSPORTATION AUTHORITY (DCTA) AND THE FORT WORTH
TRANSPORTATION AUTHORITY (THE T) THAT SUPPORTS THE CONCEPT OF LOCAL
OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN
AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE
20/0 LOCAL SALES TAX CAP; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton is firmly committed to supporting regional efforts toward
addressing the mobility and air quality needs of its citizens and for future generations; and
WHEREAS, the City Council passed Resolution No. 2005-053 supporting the Regional
Transit initiative, on December 13, 2005 which indicated support for a fourth transit entity and
now wishes to support the "Joint Recommendation for Regional Rail in North Central Texas" as
approved by the Dallas Area Transit ("DART"), Denton County Transportation Authority
("DCTA") and the Fort Worth Transportation .Authority ("The T") which does not recommend a
fourth transit entity; and
WHEREAS, the City Council believes that the best approach to achieving the goal of
providing additional funding capacity to expand rapid transit in the region is by exempting an
amount equal to the locally authorized metroP91itan transit sales tax from the 2% sales tax cap in
cities like Denton that do not currently have room under the local sales tax cap; and
WHEREAS, among the existing transit authorities in the region - DART, The T and
DCTA - there exists expertise and evidence of cooperation on current and future rail projects
that demonstrates their ability to successfully expand rail transit in the region; and,
WHEREAS, exempting the transit sales tax will also allow current transit member cities
to have capacity available for 4A14B projects .under the Development Corporation Act of 1979,
as amended, or for other purposes such as crime control districts; and,
WHEREAS, the citizens of Denton want to ensure that the quality of life remains high in
the region and our economy remains strong and competitive, and transit has an important role in
achieving this goal as the population in the Dallas/Fort Worth area continues to grow toward
eight million in the very near future; and NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated
by reference into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Council . hereby agrees with and supports the "Joint
Recommendation for Regional Rail in North Central Texas" as put forth by DART, DCTA and
The T on the regional transit issue in Attachment 1, which is attached to and made a part of this
Exhibit 1
S :\Our Documents\Resolutions\06\Joint Recommendation for Reg Rai1.doc
Resolution for all purposes, and strongly urges the 80th Texas Legislature to pass legislation
exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax
cap in the nine counties of North Texas that are designated by the Environmental Protection
Agency as ''non-attainment'' for federal air quality standards.
SECTION 3~ Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of Resolution No. R2005-053 shall remain in full force and
effect.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~/
C/ ~ .1 !t. .'
BY: ~1.ftvt ~ I /U i
Page 2 of2
DARtt'
Attachment 1
DeTA
..... ..., '''A'. --w~~~~~~~~0.EZ~~4Wdf'
JOWT REC 0 MMBNDA TION FOR. .REGION.AL RAfL IN'NORTH CENTRAL TEXAS
The three existing.,transit.authorities.support.expanding'meaningful :pubJic transit in North Texas through
our existing ~izatio~ Such tranSit.authorities support the.:Statement of Principles forthe
Implementation of a.Regional Rail System in North (~entral Texas agreed to in August 2004 by regional
leadership under tire following conditions:
· New regional rail projects will requ.ire new sources .of funding.. The. State authorized. Sales. and
Use Tax has been the primary .means of fimd.ing .public tnmsit service within the region, and the
magnitude of the required funding will most likely dictate that 'sales tax. shou Id be. the source. of
funds for new'. regional rail projects~ However.t .most cities in "the region do. not have the ability to
fund .public transit services because sak)s and use tax capacity has been. comni.itte<J to otlter 'uses~
· The three existing. transit authorities support looal.option funding .of public transit in the region by
exempting an -amount equal to.the locally authorized.trans.it.salestax from' tbe'.2% .cap in the
following OOllfrties:
o Tammt
o Parker
o Johnson
o Denton
o Wise
o Dal.las
o Collin
o .Rockwall
{) 121 lis
· ]Jti~l action WOll Id provide an. equitable means of allowing "non-t-ransit~~ jurisdictions -to determine
:as .a locat option whether or not they would choose to fund public transit, while .allowing
jurisdictions that currently support public tranSit.to determine whether.they would choose.to
allocate sales tax capacity for .non-transit uses (up to the existing cap)~
· We support a. determ mation of citizens 't support: of a regional mil.system outside the existing
transit. authorities' territory or service a~ and inside f"fhe ~r) s. service'.area~
· Format.ion of a 4th transit entity is not .recommended..
€/:p&/
TI}{:~ . ., PresidentlExecutive Director
~
\.
S:\Our Documents\Resolutions\05\Regional Transit lnitiative.doc
RESOLUTION NO. {2()05-1J53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, .TEXAS,
SUPPORTING THE REGIONAL TRANSIT INITIATIVE; PROVIDING FOR
TRANSMISSION OF THIS RESOLUTION TO A DESIGNATED MEMBER OF THE TEXAS
LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE~
WHEREAS, the urbanized area in the North Central Texas. region needs seamless rail
service in order to sustain regional mobility, a strong economy, and a high quality of life; and
WHEREAS, DART, DCTA, and the T are existing regional transit service providers with
established service areas and funding sources; and
WHEREAS, much of the current and projected regional growth is occurring beyond the
service areas of the existing transit service providers; and
WHEREAS, seamless regional rail service should be provided by the existing three
transit agencies and a single new entity working in cooperation with one another to achieve
optimal efficiency and effectiveness; and
WHEREAS, the provision of regional rail service outlined in adopted Metropolitan
Planning Organizations ("MPO") planning documents will require a new annual revenue stream
of approximately $165 million; and
WHEREAS, legislative authority is needed to create an entity and a funding source to
provide revenue to build and operate regional rail service as outlined in adopted MPO planning
documents; NOW, THEREFORE, .
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council expresses its support for establishing a regional rail
authority and levying an additional one-half cent sales tax to fund construction and operation of
seamless regional rail service on the corridors identified in the MPO-adopted regional rail plan.
SECTION 2. The City Council requests the Texas Legislature to grant authority to local
governments to submit to their constituents a ballot issue to consider establishing a regional rail
authority levying an additional (beyond the two-cent cap) one-half cent sales tax to fund
construction and operation of seamless regional rail service.
SECTION 3. The City Council commits, in the event authority is granted by the
Legislature, to submit to its electorate a ballot issue to consider establishing a regional rail
authority and levying an additional one-half cent sales tax to fund construction and operation of
seamless regional rail service.
Exhibit 2
S :\Our Documcnts\Resoi utions\05\Regional Trans it Initiative. doc
SECTION 4. The City Manager, or his designee, is hereby directed to send a true and
correct copy of this Resolution to Senator Florence . Shapiro's Capital Office in Austin, Texas,
Attention Sarah Bagwell.
SECTION 5. This Resolution shall become effective inunediately upon its passage and
approval.
PASSED AND APPROVED this the
l~ffLday of bf1/JlJb!)
~ 2005.
C~Aodc
EULINE BROCK, MAYOR
A TrEST:
JENNIFER WALTERS, CITY SECRETARY
BY: CfiM /lLf!Atu~ IJd
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
....'
Page 2 of2
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Neighborhood Services Division
CM:
Howard Martin, 349-8232
..
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a grant agreement for one hundred forty two thousand eight hundred and eighty nine
dollars from the Texas Department of Housing and Community Affairs Emergency Shelter Grant
Program and take all other actions necessary; and providing for an effective date.
BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) awarded Emergency
Shelter Grant Programs (ESGP) funds to the City of Denton. The 2006-2007 ESGP award of one
hundred forty-two thousand eight hundred and eighty-nine dollars ($142,889.00) is a $13,943.00
decrease or approximately 8.89% decrease over the 2005-2006 ESGP Award of$156,832.00.
The ESGP awards supports the services of five Denton County agencies that provide assistance
to the homeless and those at-risk of becoming homeless. The five (5) subrecipient agencies are
HOPE Inc, The Salvation Army-Denton, The Salvation Army-Lewisville, Christian Community
Action (CCA), and Denton County Friends of the Family.
ESTIMATED SCHEDULE OF PROJECT
The ESGP award term is from September 1, 2006 to August 31, 2007.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
The Denton County Homeless Coalition, the designated lead organization for the local Homeless
Continuum of Care, reviewed and supported the Emergency Shelter Grant Program application
and award.
FISCAL INFORMATION
The Emergency Shelter Grant Program requires a 100% match. The match will consist of
employee salaries, donated facilities, donated supplies, cash donations, and volunteer hours
provided by subrecipients HOPE, Inc, The Salvation Army-Denton, The Salvation Army-
Lewisville, Christian Community Action (CCA), and Denton County Friends of the Family.
EXHIBITS
1. Ordinance
2. Emergency Shelter Grant Program Contract
Respectfully submitted:
Janet Fitzgerald, Director
Parks and Recreation Department
Prepared by:
;(aMd-1d. ~ant..,
Rachel W. Ingram
Human Services Coordinator
L:\CC 2006\September 12, 2006\Emergency Shelter Grant\06-07 ordesgp rev.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT FOR ONE HUNDRED FORTY TWO
THOUSAND EIGHT HUNDRED AND EIGHTY NINE DOLLARS FROM THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS EMERGENCY SHELTER
GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the provision of services to
residents who are homeless and with providing decent housing, a suitable living environment,
and assisting homeless households to achieve self sufficiency; and
WHEREAS, the City of Denton, Texas, has a developed and adopted a continuum of care
for homeless and potentially homeless households; and
WHEREAS, the City of Denton, Texas, wishes to accept a grant award of one hundred
forty two thousand eight hundred and eighty nine dollars ($142,889.00) through the Emergency
Shelter Grant Program, as authorized by the Stewart B. McKinney Homeless Assistance Act of
1987 as amended (42 U.S.C. Sec. 11371 et seq.), and as administered through the United States
Department of Housing and Urban Development; and
WHEREAS, the Texas Legislature has designated the Texas Department of Housing and
Community Affairs as the administering agency for the Emergency Shelter Grant Program
pursuant to Sec. 2306.094, Texas Government Code; and
WHEREAS, the City of Denton, Texas, intends to sub-contract with a local social service
agency to provide services through the emergency shelter grant program; and
WHEREAS, the Texas Department of Housing and Community Affairs requires the
appropriate certifications and the City Council deems it in the public interest to authorize the
City Manager to execute a grant agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City
Manager to sign and submit to the Texas Department of Housing and Community Affairs and all
appropriate officials thereof, a grant agreement, together with all necessary certifications, and
other documents as well as appropriate resources for entitlement of funds under the Stewart B.
McKinney Homeless Assistance Act of 1987, as amended and Emergency Shelter Grant
Program pursuant to Sec. 2306.094 of the Texas Government Code., and all other applicable
laws, as necessary to obtain a grant under the Emergency Shelter Grant Program to provide
services to homeless residents of Denton. That the City Manager is authorized to take all other
actions necessary to execute an agreement and administer this grant including execution of
agreements with each of the designated subrecipient organizations.
Exhibit 1
L:\CC 2006\September 12, 2006\Emergency Shelter Grant\06-07 ordesgp rev.doc
SECTION 2. That the Community Development Administrator is authorized, under the
supervision of the City Manager, to handle all fiscal and administrative matters relating to the
administration of the Emergency Shelter Grant Program, if it is funded and all other matters
connected therewith.
SECTION 3. That the City Secretary is hereby authorized to furnish true, complete, and
correct copies of this ordinance to all interested parties.
SECTION 4. That 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. SNYDER, CITY ATTORNEY
BY:
Page 2 of2
'I'UM J)liNA'IltD"I' i)J" H01M':lfO .. C=--I:t1" WF1\I;R4
oonu..a: VOl 4:;&11"1 rcl TlIliIl
D!D:I1II'CJ' ~ C3RAH'M PlOO!W4
CI1>>. ., I 144 2):1
&iL"'rIO.'f 1. TO PARTII& ,
Th:.. qrenw'lt. il ..,..a by &I1If between the 191.. t1Bpa1'tlJllJD.f.; of Ko\1.I ~A9"
pd CCIDW:Iity Af rili~.1 IUl -.ywn~ of tba 8~t. of "kX&1It r~ia 'the;
1~11tIIJt.1I) u4 C=J'JY OJ 'DD!OI
(hen i'O the It IUt.' 1Vbnc::~:p1I1'1t III or IIIlubr.cJ:pitlnt III' .
SI-=n:Ci" oJ. OIAIT PDICD
The pI:lod f101' per:l:OJ:Ift.I.J1C't1 g: c.lli. .....m:. -..mi... ...rl;:!.:
till~'t.~ ~ 11 SGp'tCldillaz: :2., :100. t,i~ ~4II'Co 3I;J, t 2(1 0" ~~in ':11.
'GRillI: P.::tlod") .
SZr:rlO1 :i. S'WrB :st:IBiBCI,;E;PI' ~
:!!~ 't.1I ~cl:pient IIIbI..ll ~DIu~. iJI. . ..t:LllIf.l;tlOry ~I' ..
d,j U:m1nlld :by neparc..nt, .:11 ~ 'MJ.t..:t k..t. h-D;ra1a purluot.
'1:.1:1 t:: Iw MII!:I~V"'. BallUl.... AII.~It.IIft(I. "'1:.. .. .....".II! (4 ~ U - .. ~ -
,. c ~ 113 '11 .. to. ..,. 1 (hilt.1!i tu -Act") I SI.1b"c1plent .1wl1 pc~f~1I\
.J.l M:ti vit.i.. .I.~ .~. wi t.b. tU: tll:nINII af t.b" ~1I;t: (hcS"OoLn
IIl;dl.i:t:lit "-1; tq Match ~~ml1 II~ to 3" J; tM J.pp.llaahle La". ud
:Re~l.~~OW (han:in III hb.:I.~i t. C.), tM ".ura.nec!!. r ce~i.:f 1CAt:LCIW, ADa
ot:tle r "I;a.ten.er~-c:. ....,. by lubrtl c:ipi.-:Lt in it.. "'r;~, Bhel tll!lr GrUJ.t I!iI
PI'op-atI (mrebL III 1.1. ~ .1 ;:.C.tIOD, and wit:11 .11 othet' t.... IOf ~11.
~;Ul.1! q-t'~f. _ : ! 'f.he P'l!rll(lDl -eo 1:1 en.et 1 t. fZIDII tbl .cc.i v:lti..
~.c:~d in bh.ihi t A. aft :BOt ft'eoJ,vUiI . .erv1C1e ar beD..: 3. to r the
aub~";:"II::t*'t. :!. 1 :1._1.. tie :lC'Itf'&)'" fM, Depa:'C.....'C. .aay __oe 1-.t.d
4iN 110lllNd. co.!...
SICTICIf ,.. :DIJIAR~ CJlLJGl1'I01I
A. . Ix DODlillidl!ut ion of IUbrecdp1i1!mt p. :l:ul1 and :l1.'tJ.s:l:.c:tory
p.lff~!:. of t!IIl. ..t'tI....:n.'C. ~ ~t lhall r18111.burSJe the
*"!!tua 1 .11",.,,01 II: . ~I,!I.I!!. l~u~.II! ~ Suhrtllt:::lpilMlt 1n i!J'l II.n:rw:U: '\CI co :I
$:14:3 I 611.1:10
. . :o.pu't-:qat'. ~1 :l.B'&"~. \UId'Z' ~. ~e~t IoRII "1'iniJ.'~ \IPOfL
tl1, ,Jel:'U.l nM~p; 0:C .CMqu.;e """ funrJ,51 fi'WI, ~ U I 8. ~J;;~"~
'O:r HouI1De aDel ~ID lIevtrJ.gpUD~ ~hueirJ. · _I ~ .. IJ: Bl.\fi:LC':i.nt
C'\UI4O .%e not avaJ.lule tg I1I.b Plf'N'bt.1 ur.dc!Ir t:nJ.1 pM';
&gnI...m:.. C~t .hall not.Uy .IUbn ci~m:)t ~ vd.:~;5.,QI; wJ. U\a .
J:'....QJiI.1 e toi.. .~cu :I!I'l\C'b fG't. :i.. U't-etm.1ned. ~ 8ball
~ ":cwIW~ 't-b111 agr.ft\W1t .m wi 11 n.Qt: be I ia'b18 f~ r:he
fl.!lun to tu,Q attY .Plymmt to Blhnc:tpler.t un&ar th ia oIQU.N:n't.
D. SUhrllelpi mt 'h&1~ :E.t~ to Dt.pirt-.nt -.uy IrUfII gt IIIOntY 'WbJ.d'\ .J
bee1:r. pJ:S.d -c.o Ml"eCJ.pieat by D8SIIRnmt, whiDh DepH'tI'Mne
~lQNI.MI hu :re'1iIltel! :m aD. 1W'I~t.r ct' wh.i.ah Depillrtm.eDt
daE.~. h&I DOt ~ .-." atl'ictly 1a -=~ with tlm teJ:M&
o~ ~hl. .gr-.-n~ _ II.t3:::Irlc:1;Jim:rt: M..ill IIUt1 .'II.Ch ~ witb..U1
~i :I t:~ ( 15) ~" . ft.,;- t:h. :Dep.rtlnlnt P:IJ n;aellt.
I!IBc:TIOJ 5. . MnIi= D7 pA'Y\!mI.r I eMK IMAllC::I:S
A. BHb nlGdtll I'um'.C:.p.:L.Clt. w.r .raqo'~ an a~. Paynla.t :by
nJill1a-=- t.1.ng II: 0 I:I~....t . FUPU-ly C;:gq;II :i.D"(;"d MuIJ~l'"
l'un::iingl Picaan.ci&lJP.r~on~. hpo:rt (..,,~~ t1II.t ...y 1nclI.Jde .
nqu..t ~CX' .~. f~ ( P'%g~ .ct.cl biponlllC:S ~ in iIII. dCUN: DOt; 'CoO
Exhibit 2
a.c:eiG Nrcc:!::Lpimt.. actual ou;a q..... fO%' II:M: KtDth .for wtdc:h
~b .ctVmce 111 .~~.
a. ,g~.t,p.:.G1t I. .rl4\lq... .Jcq- ~.l(I:o ~t. .n...11 .m .1J.mJ. todl c."
't~ d.JU.-..a PI01!:ll:lll a..s..o fDr t:Q .flect1va r-t'fo:anc. of: tba.,
~, .~ .ha~:' 1k:I* 1;i~ ... oI:11D"'~Y 18 pc.1 ~:c.l. with
Subnu:i:p~_~'. I.CItual .l.rm.ri:l.at. euh req\Uret1lCmt,. .htmIcip1.,.t
.bl.l ...tRla.a pzoGeaura. to 11iJ:1;tJd.. US t.inlr: e.1udar :bet......
t.:h15!! 'tZ'UlfeZ' of fm:il!l fn:n. o.pu;;r.a't: cUi t.bb dl.burM.1 ~ 1UCb.
f-ana by SUJ::lrc= ipl~t .
C' .. D.p&:tl1l!l:.t ...,. UN' i 1001 t H1,...lI:tWl'IIMt ItIthoj Of pamlZIC: 11 ( 1 ~
~1ftCI1tt d.OCHmJ.d.e. t.:u.t hbnJC:~pJ.enC: bu 'lM.1nta..i.n.Glil ~h
:b-&1~.. .in. ~. Qf a..c! I ( .2 ] 'Cep.:rt:nm:tt ilk:n.t:l:1!!!i.. uy
dIIfiC!lm1q iD 'tbl enlt. coct.rCl. err .fln11:'1a.!.&l ~Il' If1ItGIn 1lI.d
.by SWr.d.pUn't.. 0: (,J ~ 8ubNc::1p1s1t ta!l. ~CJ ..:roq:J1y ....i ttl uy of
II:b nJlcrtinv n;g.:i.Z.,..C.tllili Df lecelca. 5'.
D. All f1J.~. paicl Cg SUhnc.ip:ieot:. udtr thi. ccm.t~ .;1'. pa.id :La
~~iI!! !~ -t.h.- ~1 uai",,- ""'o.af:it 01 U. .1 :ivi~. hJil.iAClilpj._1;1II -or
ISGP ..rw:l.C!.. .:EIIII == UtI i1.,....."t gf .:..1Cwabl. .p;p8=n41t\lr'U.
dC1'JQf I. ACIIIIISTltATIYB UCDIUMlBTI .11m CCBT I'RIBCIP:LBB
j.. bcctp~" :!Ipe;i, :l!!ill:ally 'MIllif':t lid by 1.w or re;ulatl=, :b::I. p~crJa.ing
tlti. qulnaM:. Ibb%1IClipHnp:: .ta1.l cQl\ill,. with tba .adDi..aat.i,..
Ntt\1.lft--.t. ..~ fca:!.h iB CI1B Ci ftIu1 &i: No. ,A.. 11 a <<~11=
O%gei.:lat Lema ) lOt' t.b.i rqul.!.irm.a lIC!idi!i.d at J4 (!! . P' .. . Put. .5
'-....:l till 01 _t:at:.. ~ 1'l:n::I.l !lil:r':lW~t.), whlllhMr-t. ,. iLfP1J..alllll m: ~
l!I~cipi_t. .
! . lXcept..iII sped ti call y ftIOCl1:fi8d by' 1.., 0%' u!pl. ~ J.ca, :LQ J.rl'~
chi:l:l i.~~.. ~elJ.l..t .tall COII:Ip1.y w.ltJ:. thl .x.t. priD.CI~a.
HIt eCl:t:'th :;In tMl c:l~ulcr JfO. A-134 (MQD.Z'O!1t ~:l.DI:&t:.icDa'l Gr
QfB Circular 1fQ. A-I" hm11:' of nate elr lccll fCMI:mMa1),
W'hi~~ i.c Q#li~l. t.o .lI~=lIi4at...
C. hC\f.i 1lut.t:t1~ any o'CJ:Lc prari.:f.~ of t.bJ.. !IP*'L't. qr...maJl.t.,
De;artIMIU Iha 11 only DI liah 1. tlO SUbNC!:Lfl'i... tor ~t.1 ~
or :p.rfOZMnc.. ~d :2:C11' ~J.v.1t.1u' IplCWed .in :;, c., ..I. S!Ic.
57i.~" ~.) .
C. D..-:rt:mlJit -.ball Dot b. 1iab1. '211 aubnc:i.,pi I!D.It. !IIX' el!l!rt=a.hL ~.. r
:iBC!lu4:1.q but DOt l.irftit.tl t.o eo. t. ..n:u. =h :
( 1 ~ MVC b2:cm. mrinLn~ to NZ'I(:!piIllDt. C1r .1C"a 'I'Ubj .ct tc
.R4.m..r....... t:g ~i.P""~ Dy iII1Y .~. C1tnllz;' II;:~
~!J
(::II] .1'8 ~ti llu..&:ll. C1OAt_.. al ..1:. ! I:I:tt.h iI:1. U. Mt. ailS 'et:t iOl.
6 (B) of! t.bi. -sir--..nt r
~:! ~ .nI DOt .trll;:C: 1)' ,in .C:~ wi tiz the c,SIlDiI of th11i11
R;%.-.e:nt. hit 1'L.l(l11lf 't.h! dhibi t:. J
(4) hI:ve noc NeD :tq.IOfted to DIIp&ftWIMr. 'Wi thiD l:ix.~y r 6C11 d.
f'Q1 ::L GWiI:ftJ 'teM.lu:tidtt II&! t1.1li:i. ..~nutozI.-t. ~
(5 J .nI lISJCI::Iel:de4 o.r:t rehl1l:!ll ta~1aa. .~tlri t.1.. prior ta t.."'.
.~J. W1 g& a Ju:npClIII'J;. 1:g;r I.c:l =--~ oi ruD.d.=l u4 pE'~ ~ 11:"
nl.... ol! :ew:.1iI by 'toM C'.;. l:Iepa:rCmetLI: c:l: HCIU. i.Dg and tIZ'M!I.
Dlve1clpll1mt um).
(I) u. ttrr t..I:Ia ~.fCl on at .ft I!!Iq:rp1C.1Cy :iii"" 1 tlr fer tM
hmN:l... i
,,~ .ra b- IWDt et r;orn:II'1' n:i.l. tl'lU;i..rlt Ic~t 1eD8 fer tb.
boGel.. '( IUCb u hcIt 81 D.I' I\Otel:roOlU ) u.D1... tt. eIID.dit. i ~
. ill iIe=f'- t on 22 13l -01 t~ t ~ ~.IMft~ ha'w :hMD. 11'1. t. i
( , ) .n :not. :inC\irncl d\alDg eM (it'd!. h~1od, .BIUlivtl ~Il I::I~"
........ II; nvel 11M/in:' pm- 4lCltlll 0KpeIlI1.. t.00 .t.t.~ 'I::h. NOP
CCI:It~1: ~1..,.t.I ~J.=. -.m-k.tIh.CII.
D . trle S!I!! l1C'Cbol ia B...n.ge.. !ion. or tha ~ p!"CVi~1i \'II:I~ ~M.
Ot;Iab"WIC;:1!i. Illbal1 .t:I. .....M11 Ill" 'th. ,...,..~ e! ...:JIU'J,c. to!:! -=y ..l"OV*.
who u... .1oC'Ohl:llic :tJ.e'Yn:'I.gt.I lIII:IiJ.e ClD lICIt.! 'ftI d'Ilw. 10 Nd.I
prtrYidal::l '1mdI!Ir chi. I:OD ICoraar. :ftJr U".....-.JIl .......... IIhlIll 1:1. ~., fer
t.U p:n::I:H.MC: ~f aJ.cr:lhOl ia ~a1.
s:S!(!lItOlf ". ~ IICmIlDIIRT
A. I\IUMilJiat. QluL:Ir.:J. pov1de aD ~t; ., ~ .~l. -:.0 tM i1L~~
of fundi pl"ClV'idld by DQWtrc...2:It. \I[Jder thil .~t (han:~;!,
t Subrtlc.1p.imL't ,/" "-'tI:b-h) . .fU~1ii i.picl1t ~.. M.'lii1Rh ........ .bil ~.1~
e!:'lq ell. CnDt: Peiod frotn IOUrat. ~r tlm:n IBGP I",.. :P\1a.d1
.... N4 t.C1 QII;d1 a ,pz'a'riDJ. UR I.n.rd 1IIY DOt. a llICiG '=0 _t.ct. '1::_
a.wari ~ 'Un.dl=J: t.b:i. ~. '~ICI!pi.:nt f. Mat4h .yo ~lI.Cl"'"
re.a~_ pl"U"4I14e4 Dr In)' ~CMLtn.CI.C1:r tc wht m ~o:ipi..t
p~tm.. t1.mdllll 'lmUIC' ~..;, l1li :agre1!:llM'1'1~.
:EI. I.ou\mt.. ~y b. ~1:e4 'to"Nlra. ~iI;Q-ien.'C. ~. MII:~. aal.'f it S\Ulk
.umuc.t. -n ~t.. OE "ICUtetl- C1:1: . t)'p!I .,Iei :!1K1 :!.a. hb1bi 'C. II...
M.t.ca aU OJ'~y 1.:1: .w::9'1 D!OlD,t:l an ~t.1tII ill acCOZ'hn.OI' wi'CJ:I. t!:ll1.
I.ct LCIII.. Ir. oaleu1.t ing tu IInC.'IlD:IC 01 SWr:nd.J1i at" KI.-e. -!It.,
8'ub"cd,plat _,. wl1U!11, )ut: ~. D:J t ll-.:l t.d t:.C1.. c.d. dOnI'C.~ J
tJ'L'fI 11'11.1 ua !Of .em" ~t.~ "'" !.erlal &r bu:l.111ll.Dg~ tht!! va.lu. of .11)'
] ...6 CD. . ~ I.dl1gi ay .lluY raid iuhnCl:lQieD.t I. IW! (m- tl3At
lIiIiIl .ill:. wb~ ~c::tpLeD'C:..J in -CSII~ DU.t;. t1:h.e acn:::I. v1.i-H ut\aUd.
~ t.t.i. ~ ~ ad. tM I:.i... u.i ..rviclI.. cont.riW;~ul :by
'YOl'Wit~ 'to ~ OUIC. ...uzh -.r:!:lI:iri'i..,. _r.arm!.nm .11:; t.he a:tll!l of
i:l. WI Doll.... ('i. 0 0 ~ 'I:' bcm%. '~C1~en't .h&11 4t1l:en1u tb
"'.1\\1 gf alW dGlat.& utn'ial u lII.:l ~:itig 01' 1.111' 1..1& ~ 1lI1.DJ.~
~tbod ~.~17 ~Jcula~~ to g8t.bli.b & !Ilr ~ v.1u..
IIEer:zow I. ~:!dI.NID .J.CCat&:IIiII..:rJV O'P RB:Q-W
A. luDrecr!,pllJl't. -.lLUJ. ..1DCa!:c ! i.aal r.~ u.r.I .~:t.1J.I
dCCUMnt.lt 1M ~I:II" a~l .-pu.at 1t1llrH gl h:a.d, -..del Imd.Ir tbJ.
.agNtI'liIIll:. .in a ....un!l'r tb.t. 1I3Dt1'!~ 'to oM clraular 'Ia ~ A-., or .A-
la:lil ml!l ~. ~...n.1;i. Subd(l~i~ .ball ~n'II'ly tri u the
zetat:Lon Bd Cl1IItWial nqu:l.~. .fa:.:- :NC'CIrd.., ~et tarttll i:a.
om t!!i~lU' :.0. A.-1.iO O'r' ~... C. 5' .... PIIrll!!! R!!i.
B. :iUJ::I:r1fl; ;l.pi1!Dt .bal. Ji"" :HmJ. t.be ~u-g l::L.:I" 6eum:iUl o~ tu tIgJ, tlllJl'.l
1t.1I: .. , che lw:!l:U:o: of! t;,J,e I tat.(: o-!.,..... ~ ~ any' Da.p&rbw:I::IC.
.,.~.ed nprll.Dtati"_ .c~. I:C .ad tM right t.o :r~. 1I1J.
U1C01"d8 tIelc~id tG or in 'UN by !UhftC!l:lp.iIllLt. peI'Ul:IJLJ.q eo thl.
pam. -.greeo:mt.. hd ac:r=.... :;ball cn:II1t.:Ln~ .. It;Rl9 ..
....:n1e::lpia.t. rGIt..a1~ i=tq 'nIC!cri. r ~t!!iz;:liut ID'M.ll "==.lti=..~n II\.'LC!li
_~. iD AD. aer:..&1bll 10C1Bt:"CU1 !!or :l!!!ou:r l'1'U-.
~. ~iiPiut. IblJ 1 1:r11Nr* that: IIfLr nbcon't.rACl'tl:llr. r.I;.;i, v1D1 fun41
,pz'OV'J6Id. -u.n.G.n' tbil g:ru:t ";J.~ co.pl.:y w;.tn iJI.. ~:z:G i:'t1~tnl:::J.cm
ed. C'U.u.ual n~:l:til1lUt. IIp!IIcit:ic JA ttli. lect.ion.
~!IW 1lI_ QPOJ!~ UQ1T.I~
It.. tll.al:l:t'iHI.lp:i..at: ,CIIblDlJ. 1. INM1 t. __ :c!I...1PaHRI.t n-M ;:r.pcc1i:1IIII ~ 1iM
pa:r:l!.on.uc:. of chi. gr~t. ., lI\IY be rl:L1UiNd ., DQal:tDBlt
C. !lUbQll;i.p.L.-ut .:twIl .ubN. t .. f.:LDAl M1'na ~I::I tl1e ~lM=tLt:. wi. 't.biLa
.l.ty (CQ) ~r. &! r..r the _ ~f ;!HI alCant. hl:'iad.. rba !ai ~u.. of
Sul::JrIC1p1.lt;dt to p%OV1.~ . Ml &C:CQ'I.Dl'C.:LnJ DE all !'I..m.d. ~
~ w. ",--=a~ wl~i:m. .J.Jcty (to I UV1I Mall bill -u:l:f:101..t
".QQ :l:or :c.panmem. = cImy .. ta1a;i:a.a!.1I ay rulCun ';UiI!I\8lt.
'tdth nb:-.cd.Gil!:lLt. I~ "b1. o:m:tnct paridel a..1.t.mcll!!l fer
::uow.ti.... reblhili t .tJ..cm I 01" Cc:tllV't~I'ion~ ~ .ddi t.ion ICe tha
el..:roaJ.G f:u.1 ~on. hm'.D~:i"''t. .M.~ 1 ~t 'UDde~ -.,.ftt.e
.otnrC pmt.ogr"Ph' ~ eta :l!m.l.~d coutw.i= wom.
D.. I\1brtcip.i.eDt sb;.11 ~l~ to D.,..~t w~ t..b.:ID. twenty ~:IIO 4&,.)
daytI .n.I:r the ~tJ.cm. ct t:td.. ocmt:ra-=t .. :UJIS AnDual.
~~OI R.e:port. poz:":Nd. a=;C1:rdlDg! to BaOJI Po11t1y I.WI.DC8
imrtruc:tilQft.l.
B . ~ec.1p~IdU;. ,hu.Il tub1d t to DIp-=M%Lt. a; l.lte.r: t'ka.'\ , :lxt.y {fa J
~ .Ctiilllr tbc t.~ijrl.~CID of t.b4.. ~t.~'I: . ~.p li;i~ :l..BYaat ~
npGn of all equ:lplleat uTi. . ....:1. t ~i.lt:l.OI:1 ~olt of '5 DO OZ'
Im8 or ~im4 in 'WhC11 II:IZ' .1n p.n wl-th ~~ nce:lvedi md&r ~a II
or ~. BlGI eoD.t.Z'act.8 I UDon -=bI tud:aK1= of ~ CCII:Lt.%aGt.
DlpuCMa~ .-y U'anIIfu: "J.tle to lID)" ,,"=b ~t. >>"tDg I mtJ. t
~~.i~::.Coa:II e1~t. &f , 1l1li00 ar 'MN 1I:t11 Jt..l ~ ,. ~f1 ~ .:rt.t.r 1IDI.'t i~y
nclj...lnt BSD 1un41 frc1\ DIIOartIMDt.
, . I:!! ~~i.piiLmt rall. t;o hMil; ~ ill . t :L...ly IUld -.ati..:actOl'V .
~ ., t.nY IlUCIIlt. r-.port. ~ :reqc:alil nqu.1:m by ttlllll -.gn.lM.llt,
inc:l ~1.IW 9II~"e!;II to acrn1 liMing NJ~It. r ~U1:men,=- MY tlit.hhCIld
payalllAt. ~Z'1Ifise due to S\lbrtClipiDt heNlllder r If DiIp&::t-.at
wi ~hl-.o 161 .\1$1. pBlr'ItII!!,flif.lII. it _ball II.Q~~ fY BUbne~:i.aD1:. iD q-J t :l..D:g al!
it. U1ci ,ion and 'eM NII.om. tJ::Iaz'dan. PeJa.VtUlilir!t MY N1 ~t~d
~~., \m..~11 "UGb 1I=.::i..,. .. t..... ~i~ .bl ~1It:.t.~ -tf>>! Qiob
:!uacJ:I .n: v.1chbeld au tul:ll;i.! lad br ~1Jmt ~ If tJ!e
e.llinqueat. AVOn. ar :w~. i. ~ aG01Yed 'WithW i:g4:r-fivt;
~15} daytl 1:11:1: i~:iI due dat.~ ~~ may WIpen4 or t.ndq~. thl.
ape....~ . If -!um=tci,i.MI.t :E'iKe:l.'YI' I8CJII fUBdI. I:.:cn ~
ovu t.WC1 g:' ImN CJt'mt p.rioc:l. I f\Gb..y btI rit.l1he14 OZ' tbi I
.~t .u~1I ~ t,n:laated f= lUb:.clpiel1,t~.& falLu" t.o
~~ . -np~ lOr ~II!! (i.D81u1!1i11Q. !:~~t e't 1IIInd!~t ~..t. du.
UDdez . prlClt' gzpt agramat..
S!CTIt:Il 1C1. )Df.l'M!I1f!3 mID n'dIN1o.z. ....~ftDCB
:trepar:t._~ CI' i t.1J de8i.gBee 1'1&' aoD4ulCl t pe:r.:Lodia CD-lIiIi t. N:U1it.gr~ae &D.d
.".lUIC!CZ Dr t~ .~f ic:l.eD.CV ~ lIocmctTf f and efteC'tl YU.III. of
Jhl.breC!ipiMI.e~ II p~~1!! ~t ~. ~t. ~t .il.l lI.Ctti..
'~!n:e~~:iut m w:.:L ting cf my .~:i=ia.1:11l!. DOt.1!I d,u,::i.ng l\.ldh
1\0111 tori. . :D-ep~~w:Di:; 1II'i 1 !. ,NVlH IiOIll:n.,.w ... :!..~. ~o
sahft.:!iplnt uul rill nquin "' ngplt chPfIl 1n lubrec.1pi-.a.t:',
prop'UL _letl\lft~.~:lO;l, ~i:AI r '........1 r prtJItI~ ~ :J1i
~= pro"iSur-es lD. or4u ta =inct -laY ~llcJ..aci611 DOte4 ~
C1a,pu'tJacU! IM'f cClrdw't follow"~ ...~.itl t.g rwf.l.. Urd ...e.. thl
.~~. AibnClipleDt bu ..de tlCl cm::r.,='t. =*V.1ClUlly ZigUid. dll!!llfJ.c~liciN.
~n'M12t _y plilctl 8UbrtlCl.Lp.1m.t. C1n a ..e:ll'abliN....t a'Ckcc! of. ,.vm-t,
It:.E'nII.....I;.. ~. ..CiJiIii.I:;iKaQ'; ~ CjIE' J.a~ C1tM:I;' ~.. .i..D. t=h. ~e
_~.i taz.lZI5iJ CI:r OI:.!:IU' nl:i...lJl, .c:urQI. :rnMl ...t.~Lal .t.! :i.cidC:Le1 1:1.
~ub~~1iPJ..A~." !p~~e In" a:r .f1IbraaJ.pJ.m;.t; C...il. 'to ~rpf;. elf
daf ieLIMiq .,1 th1:1 . :nawubl. pHiCld at ~lM I
ne!'I:OI U. %W3PDZ01!ff c:<nP!rDCMI
DQIraz~ 1. C1G11tnc:t.::b:ag ....i'tb .I\Ibr.C'ipieat. .. ... ~n':r
c:lont:E'actOl' . To ta ptm't: 1!I11end by ~aw f Sw.Naipill3!!G.C &gINI. 'h:I bcJ14
Dlp.~ M r-1~.. and !:: rJ i~fy Dtp.Z'tmmt. ha\ and .gaw!. my
, u.d .ll d..ir.., ~~ .04 ~.. Gf .et:S.oa. of ~ k~ .md,
:b&zac:tt!ll' ..eJ.d:I .., b. ....rt. try IDV W~ >>at'~ CQoun.iD;l 0: 1ft 1U1)'
""'Y iD.c.1I1!1an~ ~.. a"l'uJ..t.g cn:I~ e1 ~ a:I:' !I:l eenJ!Ieer: ltm lllri.tll. 1U~1i1ftt.'.
~m.a1\ClCl ot ~:il ccmtZ'Et..
IIa'IQf :I~. ~
.Elldn.-.-=:f.;ieftl:; &&11 cknlop :aDd :l.Qlaut Iilra&1:t....Dt ~dun!I. tba t
cl:II:IIl:gh to tbe. lll!l'tii:l.i.~t'..tl... ~l~ rd.naccd .b 'elJtiCft if -.nd.
-.rith uy ~~ gli~l:l;q. j..~~ by Depart:~c~ If I\lbnc!j~ezl'!:
11 . uc.:i,t of lo:al gavt~t r j t. .1:t 11110 carfl~ .:t t.~ all .1.icabl.
:It.tA a.Dd 1 M-l l.w. "1. tlng t!e JYO~t.. 8Unrc!:Lp.I...~ .~lt ~.
~ ;8QpIlia ~ ~~.. ..t.m;:tall, .or ..;rri..N. .XCIpt: ~.
.;dIQOI'i11raD9 ri 'tb ~ pJ'QGu:r~1:. F~..
is&C'I'IQI .J. (lCNI"L;g;'J 01" ~8'r I MlPOTIM
It. . lubnaipt Gt $11 ~ly 1II.! tl. ~ aQ.!"lfl kt Cl'~ 1:1tl!D." :pro-lill~
It :2-Ll1 'C.r .1., II-=:. 1"'.57 (d) .
E. 'uln.tllaiJ.lil!1rt r.p:nl.en.r:.. ~t nai ~ ~ ~ ~ iUQ' ~ ciE it.
~:IJ1g hadJ" prtft:ftt1r hu my ~t.~ cr _ball -=qum MY
1nte:r-..t t di ~t. "III: ia4.1.n1QIi.. ...a.i1!:1:l voulc2 IXIriI:ItlJIIj:'- 1f.ttJI t'Q
ptIzf~e of thi. &gnIlID.!IDt .. that :n.c pIftOD Iwviq SlW:!II
11L~.tallI: Gull 1:1. ..:IployeG :DY :!U2tqC:lp:l.eDt. GI: ..;rq: iii :I mnIM.I" of
~'Q F"miq ~Ody.
c. lubrea1c1u.t. ,lIhall mdur. th.t. no t)f~!~.:r r "l'1opd" _ 0% IlMINI!' I!Io!
the ~ :bOdy of I'u~ec:ip._t IluI.ll Ybr;. for gl' DODf:l.J:n tht
ItLWIloy'1'11N.t:. d IItay p"....,C1ft 'ft1.~ ""'.:t:L1. W --.c:-.d cI~ bJ
I.!liu. ty or 't.bi~ d8gne :a,. cu:m....1zI~y to a:r ......t' of
!~'III!i;;.i.pi'=l~li ~. ~A;Ltll53l :bvdy fX Ig;jI all.J afticwZ' U' "lD'fl!. -=
'WOIL1 d "ra.ctly .Iup~ M wch :puwn. 'D.!. p~:t c.ion 1ba1J. Dot
zsrbbiJ:I i.~ tbA (rCIAt.:ln,.! ell'loyJllDt oC .. ,.r.-. vb.g hu 1:101.
C101lt.i:nw:ru.lJ pPl.oye.d m l DUiDd Of tWG yau. p18!" ~~ t=h4
al-=tJ. QZI: or ~!a'gtl1J,t. o! tb. ofncer. ..plQf'8l1!!11. 01:' ~ .body
~Z' nl.t.e4 to IWclI ~~II:II:I. i. lli:na ~'.::L 1:1.. cl.:.~.
'i:e"lIOlt' 14 + ~ ~
.1\.1 1!I~:Lpi.il!lftt n,=.8en-:.. tbtt. it PM.e.... t:b.. legal l'tl.~it1 tg
.-n,t.e :into Ctlil qZ'lJltliCntj mcl ta Hrfcra tJ::la .U'ViClItI :II1.Ib~lr:nt
bag =lJII!!IIC&! i t-l. 1: t g. plll:l~ hereur.a.z:-.
:&I . "rMI :S-Z'1IQn glSDJnw I:.b::i. CDm.:ract. = b8hl.lf of .u1x'ecJpL..~ b~
~. ~'; .llal1I~ hall t!I~ duly .\1't~I:'~1:1Ild lit !ul;g1IU;:!fil enti .. .
govemm, :bOad t.G ..wte thi. apHmat Em behalf ef IuJ:JIna1plBt.
IIU4 te b1nd 1YbQr;:1vill:l1l:. ta tn. II:Gnu Nrtla Ie! ~ f~ .
~ - Deplrc.DIIlnt -ball baWl t.hs :r1g.h'l: t.o tK1\:lnat. thi.. 00JIt.t'M:t. il ~~.
1. . !:I.-rmt.e _. to thll ~Q9.1 .authori t-y of .icwE' IIul::ImfLiJ1i_~ or
lbJ: ~ .~gn.iag tl1;L, C=U'&ct to ea.~r :l.nt-g tJl1J1 m:at~ t 01' to
~!" ,..f.e~. b,.~~. ~=",....i:. i. 1iu1a "tll;-
Dlp.a.ftMat rot' a:IY' ~ :l t baa! :rac.;L Yea !nml :C.r~t. fo:r
i.t'.fo~. of t.t... ~.l~ or t:h.& I';: ~'tNel: t it IMp-ztJqD,1: hI..
UnJ.U1t4Jd II:U. ~tz'.ct. f~ reu.... ~iilt... iI. &b~ .8ac;!t;ion 14..
Dt'T1CIf :U,. LITIQ.\,.tCB AIm CLAtMS
I1m'eClbJi...:t ,hall ai.... Clril!lDutmmt l'l'ml!!ld.i.l. ta :I:IO~lca: in ~1t.:lDG' el. -.ny
~atilCll1 OZ' claim, includiDI ~ pn~ lttJ:ore an. ~ .'tI'll.'I:,:L'YII
agreaay... fil.cl .&giIJ..a.t .iJh~JtIIJ~ ..nd .~Jli:ng QUt ~f ~e ,pu'f~
0: thi. ~tI.!:. ~imtt !IhIIl1 paspt:ly tumi:lb DQU'tMllt 'lith
cqd.. 1I:!If' .11 ~R.:l.:cwn.t. iN"Pt!rII q,cr.el'gell!l ~ S~.aipi~ wJ..~ t'OlllpClI:.. "8
.eu= Ictiaa Dr 11::1.;1.<<.
8ICTIaN :L.&. ..lcrUtAlf 1LCTI'I:z:n
* llaCQr'llr&J1at1 1::111 t:hi. .gMeI\!Dt .b.a~1 ng.t. ~~...., -.:i I1g :pore ied oJ:
"the :amdJ' :NC" '1W4 by ~~IC1'Pl"l .QI.euDUr ifQI.11 m UI. U1 ~t
:l.3mI:t:et1~ly :nl1!110\11 .ct S. viti.. .~ as woZ'.hip II' ~lI!:Ill!ill~ l~ioD
ell' pto..l.yti_r.Jon r .. pert of tbl ~~ OJ: 1tl"V:iI.':.. d.Uflct.ly :hDde11
tmdn ~ mm pn:Ig'rIIII CI1'" iKtJ."t1.tY.
~=- 17. ~I A!m JJGIIDMpIIIISI
A.. Jay 1:~" ia. tb. ~ gl t'bJ. ~tr ..u.Gh ii.. :n:'iI'::L~ ~ a.
~ Sa . tate C1r r_nl 1.. c: nplat:iaa .1. .utcnl~iaa11y
1Ddc:I:pont.el1 ~I) .=. 11 .t!e;lt,iii.-ve QJ1 'CMI .". GeI1p&t.d by :p.ah
bow ot" 1:'IgUl.tion.
J. aMltpt.1I a~_ ~..IY g~Jd-.rJ ill ~I MZ'~t. Uy
cMDge 1D tbe ~.:ml I:If thll ~ 8hIll be n=o.d 1Q wit:b\g
~ asz-d -upiIQ by bG" pzt,iw. kq.... s. -;he -.nlllt ~ II!! tbi.
CIOntftClt. _ .:hDtn it'- :!MatiDD .. .I. :lhl.ll b. :by aD ~t. --0 111
wi'l:: i:lf ...0. 8:l.gaaC .". MlC.tI. pPtii 11:111.. 1my ~ ;u U:La =mD'Unt
.ci:t:i1t4 vu u:tlvi 'toy oC.~ .hall bI. 1'~lt.~ in writ 1 111 :by
tr. '~a:tDl..n. _;WI .v~led br . lettez .1BDd :by ~ d.1~gt
ae thB ~ty MI:.al::l8 :Di rillic.r... ~!tt. t.o _uu.aat pol.iW.
ag 8~:re-aip:l.aa.t.i:ftito~.ted ~t.. will 2M iI~ or IIPQlIHd
~J.tIQI tob4 ti... I; iIIo ~ O!l' ~.. ,....t. :I 0 ~ ttl ~ha lb-aftt hrifld.
:!iIir:zl~ JI. ~ I'~1S
rct'fo~ ICIf tbJ.. grant "n~ 'MUQt. :Ja :nZldeI'IK1 in ~II::~ ....1 t.a
t!11I1It ACU:" tb. ~l.t:L~ .pZOI'UlI'atld ~!' tb8 Act. 't.hf!! ....UDaCI.. aorJ
c:llltrtil il;:l.t iaa, -..s. co ::Jepm:'t..t try SUbn'c:ipt.t. ad eM I..\lrm:ll:lll.
aid ~=I~lC!..t1aw u.a. ~e HU'C ),y ~ ,t.t.. er ~ .i t.1:i nga:d. tel thIII
cpII:r at: ior. oC the. ftM,t1 J9c:J1iI. 1n II:I~;I: t.o ~ 'eM 1...1 id4
.ft.C'I;,l Ye IJIOr;[gllllllUG-a ~ tb1. C"QI:l1:.~'I;, =iIJl'II:t=~ NY i.MW :pe1 i-r
d:l.nc:~i ""11, 'WhJ..ctL .~ to ..t.A1illb., :l.ntl:q::lrlt _ Ol" el ui.t:y the
::n,qU:lteMeft~. Co! thJ,. .~t. I luaft. d1ftdt i"... 1IIa],;I, ;De prCIUIIlp.t.m by
OGue.me :La. thI !on. 0: III' r...~. and ,q~J ~ b1rldJzg bpGII
E1ureCJ..pJat .. if W1Cl;eD beftiA. BSQJ :::.If1:IAIOM ,Il.a.ll DDt alt.;r the
'::f11.'11U o.f t'1!l. agrM~t. !!II~ .111 tt! N..l__ hpU"tmlllDt of ~ d:d ipt.~
Ipecl!'ied. 1ft S.c~iorL .. t;a nimbul"M C'CIIt.. .lJ:un:rnd :br ~peipilat.
prior to ~ .!:!.ct::I.","" da~ of _~. :t~...
'I.:t'WN 1:9' .. 'I'lIftJllntanON.a1I;II il!iiUU'''ICM
A I DI>>.~t It.,. tenUnat. tt.i. ...~'C ~ 1ft ~l. or :La. PIIn, .t:.
~ ti'q :DepsrtMa.'t MIt!:IIE'11b. tbE SUhrflI!5.~Hnt. QIIII failed to
=.oq.6y with my tan'!. 0:1: th~. ......u ~ ~I:.Mnt wII DOt:!.ty
~ip.!.m. of .uC!b. <<-tU'VI~!: ltlt1 i.tI wr:i t:lft;l pr~o.r- ~e ~
cMrc!eth (.3 [J~) day pnce4iq t.ba dat. '31: 'C.m:rdut:loa. tel provtlle
(;~ maIII~ ~g5" .ue~ 1I;.~M1"tm:L, t. C::f..",;.;ive dG t.a: of' .\aCh
'te:na1r.atJotl. IMW! in c.he call. D! part.i&l t tn\ia.&t.:ie1i , ttt. 'CIIr~:L= ct
cba lSfteMD~ tc .b. t.~t.eIt I
B. lotb1ng iD thi. ler:tion &hill b. ~tn.e4 to l.!u~ nap.rtlltQt" I
right: ~o W'i~hbDld ~t cr It'lll.lld:l.t.ly ~pn.d. ~:M:l.::LpiC1't.:I
~iIt cd! ttII:l5J &g:t:'o!IeuBt 1t 'Dllpal'b-..t J.dcntil!i.. p:J,..tlill1e.
':a:III~." 01' :II!!..... Mu.le.. .,..-... ~ 1!:L.Mi. d~--";' r .. .;u.
..n.ou. -S-C!.:iaadi.. :tl\ SuJD;eciplent. I ;.r!~. 8u.IIpOt.1.=
u.all t:I. . I!;.~ ..~~ ~~ I);i. ~t-:r 1:'C'~.-::tJ.",", ~ 1= :by
~C1:ip.ient. OZ' . d.:I :I..lon by :cte>>I~t to t.iICfIlrmc.e 'Chi.
agl"dlltUttt ~
e. Upon. ~.:l.pt 1::11: rw:rt 1c:e of! au.Jlmlion C1r tlmlu.t:ion.. SUl:IreCJ~iu."t
.hIIll lCamMl. wi~.. 01' 0I1:.~.. 'ttI~'l:.1 .~ out.tlLQd.:b1;
a:rd.:rJ 01 .w.aaatz.ct..s relllt.d. to ~ ~:rr~ all! ~il -.grM'DID'I=.
and MIll C1_i11 to iDGur 'OC1It. ~=. ~L-t..et ,:U11 ZI.CIIC bI
1 iUl.,!DoC s,y.:reG:Lf'i.am1 tu. iII'Otlc.. .lfte\lZZ4:4 ..h....r ...~t.,Oft. .1 'U.:!..
19r..-.mrt .
~. ~tMl tJut.aJI4i.Dg aar carej.. W _.RDI:Qt at :Lt.I right of
fU..,..-a,icm. or f:l1! Riely ~emJ.ru.tJ.I:ItL.. 1uR"C:J.J1eat: -.hi 11 DOt. be
~li~d. 01 ey lilhillt.y to DIIDHt...u.t fair daNgel d'IH to
>>-pIIr~"II:l.t by 'Virtue 01: .11)' bx'each af thu "9ret...t:. DepU't-.rt
MY ri thboUI ~"'III 1:.t11 "'"1I:1pi~t unt= II ~ t.1_ .. II tP -.aC!'t.
lqau:o.t 0:1: dauqe. c... to ~ vt 9\1br.:iIIL.u.t. i. ~ ~
or 1... ot.he.rri,e IIht.-Jilllned -.at pm.d..
:aecTll1;B ~ 0 . AlIDI7
It. ru IDy 11.1.:&1 year i.n:luG11d vi f.lLU1 t!w Cb:U.t h3:iot! $n:'lq Mbtab
I.ba IiubZec:iti.at ~ '500.. 1)00 or moft :I." U!.l ;I:~l
fJ.nuc111 ...1.e:&I:Ii~ , B\IhftIcipJ.u.t _11 &:Z'.nDIf fa:' t.bt
Je:d~n.",M ef .. llftmI..l .audit of t:bI ~ n1tyi'VW14 UK!
IH!rI'ozm~el :rudeftd. -.4er tki. gl'pt -.,,;..-at.. ne alJdi" mall
n mm. ~ I.~~. "~~b IIi.ba .~.. ltudiL 1;. .p.at ~t. of 1. 391!i,
:31 tf... C 4 75 I iII1ld am Cil1Jllar Ifg. ~-lJ! ~ 1IIA114! t. o~ II t.&~, .Loc.l
~t. _ ~.ReD'" Prcf:i.t o~garulz.t:!cat"'. Ttq: tenD .:fe4Ral
:U.m,neJ..-l ..,1.t:~e" iDcl~del .war&. Clf f.aanJ !JJwldal
...rill-taD::, :eClll! ved dir.~tly 11:01 f"'ral ~~e.. or ind~ftct: 1y
l~ OI\it::tI of .tat:. put 1~13I1 ~nt..
D. ~.l:IIip~ .ba1~ ~1 'to I:.'M;II (:I) ~.:D of ~ "Q4Z'ti 1)1: 1I'Wi11b.
.udJ.t to DlpAZ't'Mnt ritb1c. thi:n:y 13 O~ 4aya Ift,r tH 0CtIpl.t.10D Cd!
ULe lwUc. _ tJ\lr. 0Ia ~I;-.r tbm 1:11DC1 ( , ) ~ .:I!~ ;t. lUllS vr 'lib.-.
Iud! t fC':!.od. 1ubwd1pi..~ ,hall 1..." th8t thll ...di ~ ~ i.
.... a.vailul. b publiCI lnqeatioa ri th:la thi:r;:ty ~:I 0) .s.p Itt.u
~i..~lmt ~II! tM IIIU..d1t. Audtetl ,.,;fonod 'ddel thi. hct.ion .-r.
"ubi e.ct co '!'tIft.... lad :rtI.o~ ....1Ci.ia1 :by DII!Ipart'MDt c:r it I .'u:tb.a.r1'1d.
.Np.....OIIII..t.ive .
~.. :tal' riil~ :file.1 ytlU' wn!lnt lf~ ~biD. gt' lJOlld1.t..~ altar 't.lq Gnn't.
1.:r104, lubIecipim;. rrNAe lubrli" IZII "'~d1~t etrtlt1C1.tJ.cm. 'a:m.
~&~1 Pl. ~r~ toq DQutrr.a.t) wi t.hi.m . ~Kty (101 dayII after th
;9ubZ'eal.:d.-t. r: 1.~ YOU IDd .
D. r:....I'f.IIIIG.t= ~~. the riP.t= to! II:I~ aM!.t= it!l1ll.1 .wlllI=.. (!If 10M
funds ftl:!ai\ltld IDa! per.I~ ndilE_ UDdIr t:h:.L, put
lIiJ~. I!UJ.b::'liPii.1ent .~. 't~ p.Itm..i t ~I -t:Jtr i'L...
.uehorJ.-.d U1~um.at.! ve 1::0 m4i1t. SU:Onc:i.pi-.t' I r.~ _ tel
~.:in MY dOeUUB'CI, "~::Lalll!ll_ 0% inf01'U'A!;':WD pac....~ CD
f&c!:l.li t.~. IIW;b aud.t ~ .
1:, ~Cip1M1~ Bhall tMI 11.bl. to :oc.:tl:i;mmTt lor lAY DOlt Ii di..lltnte4
p.u"RU.t ~ ~t:. (-I of ttwk ...otJ.~ \U1d.tIt:' tbit ~.
8.dirnCll1,L_~ IIoka.ll q.i.~. INCh 1Il:L1I..,.:Jio.M. I:II;I"~. tI;Il~ ~ t:n..t.
uti ZrOt p~d uwJe:r thi- ~.:!t:.
IICTIDI' ::11. TDvaL
.Aj.lcwabl. tuv-l c:GItl IZIdIr tt.:!. C'Onu:-aal:. "ball b. ,. tic:rrd.Dc4 in
an:clorUace .itb CD Ci.=reulln 1"132 ot A-I'.. at .11 ~1... .ar
~rtill\llW.~ :r. .....M-a. Oft :.Z'awl. and 111ft 'th ~:L~eIlItr. vri ttlllll. t~.mrel
pol! ~. Sub:-tlC!1Jiut f ~ wi t~811 t.ftVW~ pol:Lay .ball .s.lme.te t.h.e: rateal
14.iGb 1JUt.+1III~'P1G:n'li ..ll \UI~ l. c:~t:.!.1IjIIQ ~. t:Qvc1 &DI:!I "I' cU....
a::p_el of J.II:.. txr.ud ....... I'Dd .,3.oyee.i. '1'101:' to ::I'.Iloun".i.J!t IZY
liJIiI.t. rQJ: ~.n.~, .~~'p;l.IIint."..~ JDV.;1~ ~t. ~Cill .. .::opr ~
:i t. tQvel IJOliCy Ud e?'1d1actl :Iwt IWCb pel icy ... au QPftWId tIy
BU"'C!1p::L8Ilt.'. goveI'D1.:I:if ~. It whZ'~p:i...t. .. na -;.->>11._
wti-.=t.1Im a-anI pt:Jllcry, tt. -.=za,o.. reg\lUt=; ~CtU qw1il:lllba to 'Oepart.MD.t.
~DVM. _ball &J1ply..
"~lt:W .22.. ~ ClJll!)I'ft(Qt.;
A. .tCWU~.l t .oQlii ul..lI. Cl]' f\W\il.l Wl4er t.billll iIIgDt....t. \I.Pt.:ll
DQutIRMt bu decem1:Hld tJIat ~eat'. Ci..GIIl GOaU'OJ. ea
.fuDI:I .COOUtiGtJ pro:Ie&I%.' an edllqUaUII t.~ _UQ t;M p=.r
dl.muraal ~f IJ1d .CCOWlt~ fo~ BUell fuatb.
I.. !:IAp.etmat.-h.al] DOt nll...l. u.y 6mdl -uDJ.Z' th1.l iIIQ%'IInm1t Wlt.ll
DBparbllat .. ~c.l~..u:l << pr.l:'1l' ~lM..6 C..it.OrJ'lJ..\IthGri..d
.....t:c;.,.:r--. ~t. P~) ewlMd ~1I;I"i..e..
c~ .!V.b~iJII~ct:lt; .~:z.:a. ubl:!pt. '.111 -.zalll t.n. .1. 4IaIJ.ne. ~Z11 :II... c. r ~. r
hCl. 51..,J ~ all fuaq PN"iW m:Idtr tM. 1I.paU1at. 01\ or btIf.....e
Bl}1t..-.r 11 ~ ;jiG.::It , ;a I g GaY. frc. t:q dall:& EU: ~DI! ll'!" :iiI Wii IWU'CI
i.tte ~1'GIl 'C'.... Htm.. lJapartll8llit .il! ncap;;~c Iii'f ~ nae. 10
Qt:Il.1pcd.
:D I s~c:l.pt.nt. wl1 u...u:. tbat u.y tm.fld~:rJi J:I!I1W:11i t.ulSl .~ th
~. p:;-mll!!lH wdU ~. ~....I:t.t. :l. _~1;&I.Be! .. . ...1 t.Z' ~~
t:..q. :hoNIII!I.. :l!M' ZIOt. 1... t.bIIlL. tJ::I~ -yell" Jo.r!cd, GI' fg:r .noli:. 1,..
~ . I3:D -:pU' pIIIrtogd li: ....::b :;I:m4.. .:re _cd 1m:: ...~ 'IiIIW
rebaJd.l:1. t.t:l.=. 1:11' CQnYl:!'IIica of tJw tru11diAa. rra. Qpl.ltJI.ble
ptricd ..11 be Cl.leula~-.dI .iD acOOI'da:l:la. ~ t.b 26 c. r .1 , a.a.
571 .. !J (l:IIi .
.. I ~ .e"~ipj.m; WIGS :ewu!. :Ne.l..-..d U'tICWZ' 'tb.11 .q!N..,.,...t ~CI ~~
e.l:l.:nt.ial .enr.t ce., .I1Ob!!leI. ~t:Lcat 01" .~. .md
o~ J.av G'OI:C;. ~ tlR .11;11:.;1. vJt-J... ~" .. cars':i..4 gut, \lllt.il. .1.3. af
tM :rums. qikl awila)- ~ this 8gnnenl. to:' .uch .,=t: :l,,,lt11111.
&9. ~"*d or for ~ GnDt 'U1Oa. eUMWr a .~R..
,*e.cip~ ...y u.. ~ ru: rJOftI _lee. ot' .~~.... to Clany O\lt.
;.he acI:.1"if.w tut 1t: "It ..n-e t.1w ..... .-.r-.1 ~.~:i=. ftI.
'III,... lU.ra~ p~l..tJ0T.I:11 ~ ~h.t ~~. af ~:11 pe~IODII
or1g1n.1.l.ly .~ .~ o;b I;lhe :l!Wld.I ct' p-.~. IJI. t.-= ....
~IKJIQ~ r;a;. .:t"e&.
r I 5'1mftCip;:l;,1Ko .MJ...l MktI :1a:U:M:cL tlwt. alia IC! the ~..cllit.l.. t.nCl
~~.. f1m6I.d .au tJd. a.p.nwm.C 1ft lVIIi ~Ul. ~ .11 on a
nocuU.acZ':l~~eq" :tx.l., Sabncipill!l:QC alro 1WIt. adqt ad
:hOl.......t pnc:e~1 d.~ to -ate E111111Ul. tl3 .lr..t.HI~e4
pe~ :!af=-t1on C1~t'1tLI1sJ thil eOltuoe. aM loc:at:Loa cf
1CI-d1.....,.!IiiI.. atl.' C.ailJ. t.:i.. t:)Qt .1'41 .I:!k!....lltl. t.o p.t'AIiIm.II .i t~ .
r]iqWl:ity.
a. 'ubn~:lpJ.lnt wll I.dJtdJdt t8t' ~ :In ygO!d: faith. . >>olicy duign.ed t~
e-u\ln ttlat J.. tol h.cmIl... ~-=i l:i 'toy j.1I rre. fftJlb tl'ul ~ 11egU ....,
po.... .l= ~ ft dlst.r.i.bYt!cm gf d:t\"IP = alaw:" +
II _ .GuM-el!!ild.mw.-t..n..ll:rot. ~ DII.7EI f"~ fflr ~ BJ:t ::!Iv! tie. t.h.t
~ld .ruu.1 t. in ~e d:L.,l~t. at .P8racz1. 0: :b\diDMl.'..
I . .we::f.>>d..nt. .all, ~o the maxl~ atnt p.n.etidlJ:)l.1 :I~lWl,
1;~ ~1~". '"<<Ill -.nt &U" " lIII'iL (jI.. , 01' oU-;nri....., ~l...
J..nd.i yL.m.l. tAd ~8II11u. ill cUlcnatJ.q J ~t ICID.. -.i~t.ln1. ~
I.11d ~.R:.t.q fatti l.it.:l.. .-.s..ted. U1dar W. ..lImCIlt" :L~
prcvitiD!lil .etYie.. ... i.ad \1Dd.u thJ.. q:r......t, :aad 111 prurld.klg
~ce. tal' &e~at. Clf fl.C!liJ! tiu _lIIt.tee! \melt=%" tbl. qn.eN.mt.
J . I! Ba.::l1'1C:S.p:S.mt. blted. to ;rovida ~y lbel t:.:t fCE :noulell
pe.I!'.~ iD hot..ll11 OJ! raot..l... .02' c~~ ~:...l f.etlJ 'I: :!-..
praYiaiDil tZ'm.li~ hcudag, IubncbJ,..at .ult. provi. 1:.tIa
%!I""I't;aam; 'IoII'ii:h .. ~.s.. :Lcl&-I:::.!aa ,;h..I-r::;I! ~ :I ) 1__.. ~"td ,.Ip'ttIClICI.
~i,p!.alit and pJ'CVilie.t'. i:)f IIUdl houI:in.; PftV:t.de OZ' will Silr'C1'1r.lde
t,U"5 li~ 1 i v:!.q IIpaa:I wi.), "" QlL"III~ ",I; pb."......"ul1y 1... I:;::u..~ ~
.s.11y ream. Rt.t otltNWJ.- iCurgad br t;be eac:i.lity J and. ~.3) tiM
!i'YDNcl.ip:!.-.t :c.a. QiC8.1dend o-...h.I!l!' fACt 1! f. -t... .. ....~ "~1 t.r .
IJUI ha. det.lmlJ.alld. m.t: UlS of ttse fa.ail Lt1_ prov:!".. ~ .. C
a.ealt! ".!!.C!U"fI ...... 01 PI'OY.l4:L"tI ~II;J' .h..l ~ 1n ;1.111;l1li .CZ:EY.1~
Ilnl..
I.. ~ec: l)iElt. ,lhal1 avalCII au :iqlll.-n'C prCIc.cIUZ's. tg 1D1I\Jn toM
acm:t::LIeI.!.gl.1ty a!; rliCl:llrCII puta:5.D..iD; to Of inCIi "1"'1 pz-arided.
!...u:r ri.o3.mCl .P!'''''''~~~ =- t:r.t.MDt. ""1.::.. ~ my pm-j 1tC'C.
l...:t..ted \1813~ r..bi. .gl'iI!!IenDlI: I .aI!d ttat. 'the LN..I or loc:.l1:.iOl. C11
~ filDt11y lIIiollM'lt!. 1IM11f.r ,Mj III!ftl!:. ...i..II!!.d1 ~11 r ~ _I::b
W'l'1 tta. qthct':L..ticm 01 tzIe ,.~ CZ' ptftIUIJ.I :te:lpDn.l:Lbl. 1= the
O'p&z"a~j_ o.! .-..r.;jb, .b4: 1.. e;,; ,. DOt ~ ~ ~J.".
.. .. .I\Wrecipi.u: 191.1 ilnHrll thAI; atq l:Iu1.lGmg fOl" .,.h.j.cb :II(JJ ~t..
U"D IJ~ ro:z !'.-v'~:ioa., CODnni1on, 1:1: 'Iaj O~ nnatJ:i.l! ~..t: lon aJ.t
11M!:. loal fC1M:D'IIiI!I1.t aJ!.t.y ID!CI .lD.tt..1; la .~U'U..
JI! . Ve.. af tba :l!u:aJJ. ,prll!Nided \lD.de.r tU. q:t-.a.t MY lH. ...n4 1B
"'~.um "itl1 .11y 4YW1l1 lDe \a.i t -unJ...1 toM 'UI:II:Lt ;:1.11 pHt:.'-;e1111 .by .
tJad,-wlDd. 1:11' blt.tery-ope:r;'lt.ed .-.Jc, 4t:r.iIC!t:OI' :blltall.d: .u.
l._a~1I:I with _t.i1D'D1a.1 ~lra :tE"G,.Dt.U:m ....IQa1.':.1em :Ij~~ "H_
I. JuJmIc1_Ul.~ &ball I:mly .uJ:lcaDtrut fOZ' lIGdglt. ltne ;:l ~ un6Iz'
~ ao!Lt:ract. "11.C1h U'I DC ~ aDiC1:U,e4 1m. lZtUl:::lit .I. af~.r
swee!Jdmlt; MI luXlc ~e.cI :l.n!~t:i01a t:G!lldILm.:ior eaah tuch
~.d .utlc<mtraet 'eo(: !Mpu.I:.Mzt.~ ... hat ~04 D",~ I .
IIflM wr! tt.a ~1 of Bubt'ac:iFi..t. t lBtmt c.o mt.J:: int.o _.
prq;N:I.~ 1IPQDt.~. .lv.tn<n.piut. III -'n lub-=at;;I'N:tJ.Dg lI!!or Ul.7'
pO%:i!~. du=i.bId 1D ~. ~;'DC!~,. 1XpA..1y u.1daIItuM cut
lA ~.ring lm.tCl IUCh lUtIClaaUall;:tl, ~ 11 111 J10 qy 1:lE4.
u f'ub:r~.Dt... nbaG::r1t Z'~= l.l . In _ ~ ..11 IIIltY
pzcvJ.ioD. G:I! t.l1.i. parqrapJ\. IpIc:U!J.nlly U. Z'~d.ftI\at that
.s~.:J.bi....'t o):u:a..iD n.p.ttnmlt. r. F~ vwLt.t.-a. QproY&l ~ ..
.I:bor.mtn~, be ~t.~ .. "1 :tiP'iq SUbndpteat: ., ttll.
~1S1IpCIQ..iIII:S.:L:l.cy tc~ .n~iD.i t:b;r.C; ~ :p.r.e~1 ~ urdIIr
all l\dJ=at.ram;iI - n ~1nCkred. 110 .. U C:liaqJly wJ.1li .~1 oC' 'the t.~
o~ 1I;:tu.. ot:CIn~rulC.f ... jr nen ;Pe1".(CIC"N.IWM. ~ ~d :by
S~Jpi...t.. _1UtaIDt ... I,ppZ'GYIIl \IDU: thle ;ar~ Cka8 lOt
C=I ~ 'tat. .~t1on_ n1: s.:Jaat!.a:EI. ~ " _ocrtpt..QO a:l! l'LZl:llnu::ip1lfLt...
or .lJbDant:nC!tor' _ ,...r~ .Iwnund~ a:tt.S ~:rf:rr-.t= _:lDt.al.H
the right: t.o 1D&..t: upon SUracipi.!dI."". hll CI'CIIIIl1ac. w1 tb tho.
t:U'lU II;I! ,W.. DQl;.t:natli. ~Cl1r4_t -.;U J.nalucS. :LIAg\all.i- in Qy
-ubc:'cntrICltar thlt pmy!.. tht ~ tilt .~11t, to directly
Z'.-vJ.n oJ: MAit.c:C'.. O.t' audit tbe op-=n.1:.l.CDa.l IInd fimDaial PdtCl~
or ril!!ll:rorCl. .ot wcdt plZ':l:on\I!I:! ~ !I:::n.u em:u:zRt.
SlC'!I:CIf 2J. 'QLI'T::I:cu, ~l V't'I'Y' AIm LCIIIIHYIml
A. ~ of u.. fuse.t. ~ ~ t:1I:l.1II aIII....ct .:Ral1 ~. uN4, foz
Jntl UCIDCiDg tM outo:n.. iOf UW Al-ct i~, -er ~ pu.... or d!I:I!ut
~ ~ l,,,.i..l..~iiLVCI ___1I~... "'lbl. ~itlan .MiLl :DOl. W
~1'tnHd 1:0 prewDt mq Dr! J c.!al OZ' lI!I~lCly1J. gf 1~1::ipJ.erJ.c l~
I~mJ..hiJ3V to Uy fltllltler o.f i'l::. grcTU'aLng bOIh' ,... :requ..t" DZ' to
.~ Gthe:r loral. a~ tI~.~ Of~:Lc:l.l.1 or .-:p1q1Li. m' to ~ lI!:i t=i_ó1n!rm.t:l.CID :in Uo 1I~ Dr Ul8' nlJ1.... or otficl.l ~ ~:ld.ered
tm&n- 1...ut 'to 'b. ecaftgr..~i.1. :lZlfo.znl.tlll:C .. -"tty -..lioi.orL ~~ ap1Q.t.
u. ...1gy1:11 .:!!r o~f1oial foz:: l'U.ppl,iag wok Worut:l.QCL ~1 L
.~.R W .FIIIZ'~ iI1lt:.:latJ,1\'jl ~. I.cl:.1w 'too lv...~ 1.11 tllZl d:::L...,~ ...1
f.=m ...l~t.
I. )to f1mI5II p:J:'Ov1~ _fir thi. o:atuct .., ~, ..ad dincu:.l,. w
.i.n41n.c:t.l y to Mr- "'J.cye.. C1~ :tn .,. 01;_ wy fUDd lOr .~
c.niSU.t... fClC' I!t. legi 1Il.t.:i~ ~ QI=u.t;j, ve. or ~ UdlC1:Lal .brIaclU 1:111
gove:ntNIILt, eM: It.i:., oJ!! T~.. c:r tJ::la ~:n:r.at. af I:u t1ni-.:ed.
n.u- .
". ... 01 ~ :!uc4II pzvri~ UIIdIII' thil CCd.tnct IhI.ll ~. eJIPAd" j.Q
J.~1:i of t.ba ..laqr ~ M' ~1 ~ -t.:1'fft1!1 4nOl~t. of U)" ~~. whcI
:i. al.o tM pIIJ.~ ~cQby1.t. Df" ~ 1J1dJ.vtdua~, fJn.~ a.-oeH':J.cn. aZ'
(!o~r.e1.. r M;ae oi t.hlll :!~. ~ tIT ~h1. C,(mtl;;arpt _ball t.
upmdltd :1ft p~t of tM put:ial Ml.ry of . >>-zt. .tJ.... nplcyM
'WbciJ L. ~ Ad :C1O ~;;!...~." &II . ~ill l1/'J v:I.!:u. gC t..
eflplay..-. ~.l yJ. f.~. fcr ~...t.!._ by Or' ozt ~1i! ot .!adu.t ~:ry__
I prat..1on or ..~e.1i1t.1on relaUd U UJUat I.- of I\1brec:lp1etLt.
Jr. :p.rt -time ~ MY .arw .. . lo13by:1.l t aD ~.btlf of imdultKY.
. profa'IJ.Ot:. 0; _IIGcial.io:a -0 199 II luch -tlty i. DOt uli1t"
to 8Ibreeip~"Rt J ~'f." .-.J1:lI..ari.8t!I ~ l_r 'ft:II OaBtrt.~~ ~.
ilba11 ~ ~d La paymnt d wriI.:.ah:lp .the. ~O .. ~~I.t:lcm
eGo :b.h..lf of ~lpi....t .r .... ...1ey... CIIr '~G.!.p1..nt if 'the
~Zi.~.1= ,..,.. .11 =- pare a! eM ..1BY of .a pt!NGa ncpJhd. eo
L"~;lt.ex' ~:II:: Ct.I&}iI"u- lOZli r ~:r.nlmlt .;-ga.
=. BOlle Of thII ~~:U~. ~ ~r tbil OODC.rACIC 12111.11 hi p'~. to my
of!ui&1 or ....1oJ1Ic ~ "I"iola;.. .any 01 ~ >>.m'fi.il;lU of th:i.
lac:tJa;n
I. If ~ :hade other tlwl !.dual1, ~l.tai I...DdI ba_ ... ptJ.d
OC' ..nt~ "" pll.!d iI::Io a:II2Y ,p.-:c'-.;a !oJi ilAfl~DiII ~ .tt~ W
W:LueDOI e clHe.r or ~GyII1! o! ey a~ ~ .. NnbII' Gf
conp.-.. u. cd!!Ua.1' or ql.cryte os: ~., GZ' .a ~!CI)"8t or .
~.. of C~III 111 ~tiOD with t.h!1 f.:lual COIDtnd:, gre.t,
10llD, or cCCpI:rftivt agre.-.eot. t lubreCl~u.t .ball en; lilt. IID4
lu.1t It.Ddu:d 'N'a- ~. -ol.d1cau.n Pc;n ta I.Qart .LI9mylr1G11. lit !.It
aaiDCPda.c-. ...nth :Lt.. $nliill-='NaC.:l.ou.
UCTIQIf ;;,. nsvam:mr OF .1UIiD AIm AB'DII
A.. 1!iI~i>>:ta.t -.h.!.1 ..tul i In., ~l:ab.r .ud ut:il :lz. mt8mll
;lyl.T.eH .aa:xt :pzOaadUqI' .\LU":Lc:iea.t. to pra7ULt ~ dKtIlI;t _ M.d 1I:CIZ'I'-eC't:
1rLo1d.IIU~.. Cd!! -..t.4 :I:-;.q r and &bu. h tM J.~f~. of th1.
.-gnnnt ad to pzevidt: rglt t1\e proplr u.d .~f'Kt1~ ""!iI.-nl: of
. ..]1 P+CI9DI\ u.d lilCal a'liiitiVi"tle. tuaded ~ Ui.II ~.
~.;:;1.p111lt · I Ut .-..1 caBtnl 1)'1!C1I!U ... all u.n..a=t.;i.Qna and
QtMr .J!JIL1 f iea.nl:. .veI!I:1t." UI. l.O _ C'l.a.:rl:y .~._ .... 1!ib=:
~11t.p:.ion :IhIll DI rudLly anillhl. '~a;r n;D;tf,mng ~
~tmeat...
I. ~.I!J.p:l.MK Ihall Ii" c.pa:b1lDt. CGIIpl~ta .a~1 t.o -.11 0: i tl
~KOI'48.. ~loytl.. _ ad. ~t. for tu ~ of IEICI!I::L tOling or
i"""1fat;1q- !Chi pEfDn\l.ne8 af thi. 'gnn\ant:. lutl:eaipiMt
11.11 fu11y t:cmp.:!:. U 1Idth :bq.u~ ~.. ~Drt. to 4K.8l.
lZlCPlUl:1g&:.., .aDd pZ'1W...t ...~II!!II.. Ermd, u.d .:bue..
c . SuI;I~..1;:LeDt may n'Ot. di~;E'Wnatllll I.ga1u to II.IIJ -.,lgyee or otJ1u
~r;~ .rw ~t. .. nQ"J.al;J.CI.Q ~ eM t.~ 01 tJIJ.. I.gI'fINftI:. Dr 01
~ 1.w or rtguli1t.ion. ta z:-.,&nMB"t 01:' to ., ~.tAI law
enfot'C1l11Ut iWthcl;l;ity, if the npo+t I.. N4e in gOOd ~.ilth..
SBCTICI 21 - Ka.%~ 01' BI'ftI1T
1\1:11611 p.rowi~d tc h.tT8o:.pien"t tml5M' tbi. IgI'MNlDC. may Mt. m
.'I.d:I.'t.,LI:w.-t.. Cgo :fLm4G CII~ :I'.~. enll car ot::'.=- ~. ~ 1D Ul)I' way
Iewe: f.:C udIaCII c:a. :Nft4I or .rtIIIO'IIZ'OU .t1J.ta "LIld he'tw .bI.. ....ilab1e
"0 III~ ~:I.tJ..iJ. ~~ .~1iIIr;:IJ.p1"~ bar.I ~. ~ DD.:I'" ~.a.
U=lIIcutied~
nCEDI .3 & . DBB.\I:lGH'T
.Iy e:lgJ:l.ag thi. .cantnct $ubre.c~i...t -cert 1fiu t.hA r it. w:i 11. not. PJIIIrd
.my !unQJ plO'J'J.ded Imd..- t111. C~:tn.C1t to IWJ pllrty wh1M1 it ae~~
IlUClPIlllt4M1 ~ .... o~Z'ri... iMliI1.\I.tI.. tZ'GIII .. 1ae119:U1i:"c. fo~ pp.1'C1~t1 ~
iD ftdanl. ...11t:-=- pntg.ruLI -.m.da blcuti". C'r4et' ~.i49 19 2. cnt
~ at. sutl:ri1lll~ipJ.Cl,~ IdIalJ. ~1I~1..... t:tt. ~i~ itll;lI.t.1cn p~ltt. ~ lie
~tMa.t ~ ..~ prapolllad 1\1b-=otlltz-.ctor 'IZIder t.h1. OODtraat aa4 il
l'Jrincipal..
SI!It'I'lOX ;2 '1 . 110 WAIVD
JI:] I"igbt C:t" nmdy 91 'UD. to Deput.u.,; :by thi. com.tRCt Bhall ;.nc:1ua
~ .-d.Ii.~ 1;1" uq at:hea' riFt: ft Z'MM.dr r ... IIkNI. a-.y .,*i-. tllk-.
. 1CL the ~.. ot. ay I' ~t. W relMd-r b. d.e.....d . -.:5. W1r gr ~ ot.IIU
dght (D"" ~11:111'1:1~. "Ibe ,.;:1. ~~. ""~ :DefI..IIj.~'t. to ~~01.. ~ .r~sbt; 1Ni
rMlady em. uy QCCU tea ~1 net 0IXI.1:11'Ut. . ..i 'Wr of Deplt't.....t ~ .
right tCl U41r=1,e that or IDY' othtl" rigbt 0% nmcdy at . lal::u t i...
SleTJmt ~8. ,ftJlUJ.11;.m-
If u.r portJOD. ot w. ~ft,a1...t l' :!Mid to :be lavalid ~ . ~t of
~..."..., ],="J..u9~iCll:t... tM ~.. 01 l't ~:. ......u:.. VAlid. u.4
~~Il6jDg .
91cTICM' :... PRIOR OII.L uti lfRZfTb MU..,.
I.LJ. 0%&1 u.d IIIPr!t.t.e. .~t. btCIdIa tlw >>Gft:i... tCl thi. C1em:uC!t
relating to :.h4I IUhj.crc. ...~tc of ~i. q1:.IMD~ t.ha~ "%'C nldoI: pI'*
co the ~w;'~C!In ~ fMII ~t u... :bun ~IM!I t.o wr1t.i.Jc _ aft
c:ont,ined. ar.i;e.
S:JCT1CII' J D .. ImU:Ur&I
~ ClCb1bi t.. i~1;lf:t.d "lOW' UlII I1ertby ."d, . part a! t.hJ.;t agrHlDlmt ~
::L . BldtLbi t ....~ BuAoIIt
Cl. ~t. I.. Xl.tab
J .. ~bi t (:r ANli t!l..bli111 ~ .u.dI bgul.~1eltR
.,~rva ~'I O!-o~-2mOf
CITY DiP ~
Bft . .1I02.IIiJOHBD. . . . . . .. . ..
On....I...J..+.
IRcut:i.q D:l.re~I.OZ"
HxlS DI:u.RJMIJT 0'1 HtUlIlKi )JID COMGIItTY UPUI&'
Bf= · .:BOT.SE(IIIII). · ... · .. ..
iOD.:...'..I.....
:beaut-in :Dinct cu
Ttli.:lll :!Oz":~aet J.I l:l:l!.~tiva when .tt;aed by I:.b-. 'Texas ~1II!1It. of
HouI1.~ ad Conmmity ~!f.1~ 1M cut 1ft Dizo-.c:1:0r Gf D.~~ C1zo hi.
.~~~i~" ~.~..
. BXII'JBIT A
Cmd;X"...~vr I ~ O:r DDTON
~~~~~t: .~.~~~
COft~~,~ ~srl~dl UI{g~'~DQ~ - ""1/JG07
QrJ.,:r 1Il ~:t- t1I
Tl:3t.al
I1D1d.-
Ac~iv1tr
Cltegcn:y OI.:eript.iQQ ~ Acc!vlciu
Stat. AdaI.:;,Utr.tir:m.
(Cl~y ~ C'g~~y Cla.l"J
A
0JIIRAn WI .AJ:llDJf.IIiIT....1".IC)iI
EIQP:I, ~, ,
~ Wo:kn'
aaz:mu ~ JCrfOM
Jl1nctD:' of hn:11y Af,i.-;1nC!II
B
fCBDI;!LETl.T::tClf
c
2B~ ,8lIeaI
I~i.. 152~.~ag
PC.VAftOIt .AN<< t1JIItttB COJH
.lhal -eel' CUe ""o...r-
~ nl&1V ud friD91 :beIMfi ~.)
14~', 00
lJl1QO I 00
.00
41218.00
~~_._-~~.--.----------~---~-_._~-_.~_..--.-~-_.~-_._------~--~.~~....__........-
~~ ~o~o.oo
MOil ~ 'III'C I
Cb11d~
a
ZOJJI7IID.IICB. aPDATICIIII, ifI:ItiII J1'JIIIII~
_tn"mance (cont.n.ctual ~CM8.t. .-1,)
~~--~--------------_._-~.~-~._~~..~-.-~._-------~--~---~----_.~~~.~~---~~..~~...
.GG
~UGft t ~l \l.din.g _taft b.lt. Iael\1d!ftgl 211ii.5 ~ . ~ a
m:r!aI CO. nrmma c~ 1111 hMILiY SAIl BBBLTmt
Ilepd... (zon.- 4ete:aed)
fOlwho;r:.l!li
~J:tl~ill:.
IA!,.VJMaI AIM!' DBITOI Bllll.aDCT IU[.",
rOOd.
CI!Y 01 :.rrar
tq - awud Tr......~ bptlUt.
Ql:UI!' ~ .lip.':=- ty~
BNli
Pumillhl.ap (1 t. t it81 (8 ~ )
.00
.
IIOMILBIIIIII tRlvmrrE~
IMVATtOJr UHY D&!IlUI I!OUB
Rata! a.alat.InCI.
ut.ilit.l.. .qj.uu:e
1IiOP2, nrc. .
:Rm.t.l ..1Ii.t:~
~J1i~~. ....1~.-c.
heuri ty c!apalli t.
CJliI!rr~AIl ~ AaICIf
RcI1.tal .. _lM::GM::.
~11~~~.. ...1.~~
8MVM'I~ ABKf .. LIlilII:IV~
"E.t.al ...1.t~.
1'a3L
.J.!:iI!i!iD.OD
5'525 . 00
1~~ .1' . CI
:u::FJIu:n I
CGD'tt'aD't0Z' I CITY' or IlBIrIal
~tnGt ~ 4.2.':1:1."
COZIItra-=t period s O! 1011:1U IIi - 0 91J1/iU D7
Q:l:1I' 1IiII Mldl Jl
&~
DDllu
Val......
..~~....._....~~-~.._-~--_._-~--..-.__.._..~_..~.._..------~-~.._~....~~.-------
DOIVI.::I: IOXI
Mat.:r:LiJ. .
...... D'C'. .
Clotl\:b1g', tci.le&r1el, l'.oulil~hglJS :I\1IIIlie., gilt. and "Q-p1iel
"Cell' dl11d~ fron 19cal -group- aDd buI1~1II!1..
'10 ~ 00
~_.~_.__._-_._--~~~_..-..--------~-----~-~-_.~-~---_.-----_._~-~~-~.__&_---P-~~-
~UcU.6;I
.00
.a...._.._._...w.~.t.__.~_..._........A.....AA...._....._...~~.~~.~._..._~~.....
~
MOJII t DlC I
m..Q4DOY rc04 I.Dd abalc.or- p~ru ren.~'utl1! ty ....blil1Gy
AL~CJI' JdIff ~ COU&
Dl:l)a.1:1cm. rem1 'I'ed f:r~ local 11!dl'ri4\11l =.or.
;3'115_00
_._._~~.._____~____.___._~___.~_.________.______.~__.~_~_~_*.Ww~....-----~-P-~--
aut or 1UDr:P
aol'B, life: .
aanara1 Opct;.tiq .1:'14 Dnit..a ..Y PtBId.-
w.RD{ 'W.. :rKlDId Dill 'I1IB :rM.IL Y
~t.~.'S~nDO ~th ~ . ~thl . .~~o.O
~66'!. aD
~._----~_.~.._--------~-----~---~~...~~-..--_._----~---------~--~---_._~~~~..~~~
.uLld.tn _
HOPi, me... omsnl ~.nt!.Dt u.a 1!I:d.,*,- Kat 1'\m4I
l!Inn.TICIf .lJlIIIT - LOt gv ttLJ: -StilI!!! t.l IIII!PlIt lI!I.a cu.! III r J.dJIJ.I!l D~..
CBRlnlAll CIMMlIfITr AC1'JON .. J aunorken.
""17'''.00
_~~~-.--~-------.-----~.~~-.~.T~...~~-~--.---.------.-________~._~~__..___~__w~~
~M (. :t:i..uo/hoU:')
Dmnmr CO. :nuiems OJ' TJm IMIL Y
5tl hour. ~ $S.OG . $~.7Jo.a~
, ;i7.]O.. CQ
, CtIHII.
IlUtV.ki ~ AIUU" IDIrI'01I CQItlfI
DOnAtlCIU race.L ved tlWl 1.PPCI11. ..a ~ oall.. Ar..
~
:=511-'.00
..___.__~____~_~.__~__~T_._.~~.---.~~----.~~...~.._.......__....._...-~~_..-~~.-
O1aR
..:Ia
;rCTAL
"2DI'.1
marmZT II:
U~ICAJt.I t.JMI NIl ~,!~.
Gz.m::Lt... .:ball ~:Ly vi t.b tMi .Act. -s-ci:l!:lltd 113 he t iCftl .3 o! thi.
agrH.....t: tha 0fI8 =1%'Cula:r. .ad. Z;tgUlltlU1illI 1IIMC;!ll.' :Lq ..ct.:l.cm I Of
tbI glM,'C agftlll!!lD!at, atS wi tb '" ~ 1 gtjihet C....x.-J. J . tat. _ -.d JOI:!!&l 1_
.:a.-I ~..t i.. -.ppl!C1Ml. to ~ tl!I~ in tiellll arul JM!I~0'nW.nC!". 'Z"l1JIullllnllS
by ~.. 1It&d*f' ti.i.t ....-...nt. i~udiq W ~ ~t 11mi te~ to the 1.... r
ami ~ ~1I~LIIiLA. 'p~:'EPt4d ~.~ ~.1t~.d in tM. 1bcb1b11i C.
I. nazmIiCRl)lt8i\TIOI ~ 1CU&T.. O~
TJ.t.l. VI o:l!! !:H Civil RIght' Act o~ 19'4. l':2 U.'.C. .ec=.. 2a06d.t.
--=2. ) i ~. c. JIll. R. ~~ 1 ~ "lICI1dllc:r1mine.~ii.on :t:A "'~.~ly b.:I.t.1l
P:n:II!IZ'-. of tr. Clftrt-u.!. ~:I!! ~1Dg lad! Vz1:Ia :o.v.l~ ·
I=~.t ~oa 'ill U1:.1- v.:r: ~:! t2l. C'1Yil tight. Me of 1 ,.... "" I
T~]e VI J::I: 01: II;!W ti.,.,i.;!. I:L9hti. Act ;lit ~ ftS, _ 1III:Jt,. ,-u ~.bg .AG'r. oJ:
15&1'" < 1:2 V.I. C. .'e. 3.Dl ft '.. II" l ~ :l...,l.-tJ.t.b\g ~tJoiul ~
.bteut.lWl ordIr 11063. .. ~d. W :itNcu.1:,iQ 0rlI~ U:Zf.~ Ind ~,
C. r . R. htt 1'J-'. ....lJI:IIDd1lorJmlnl'CoiCCI. ud Iqv_l c,pn.u. tv in IlGulfiar
,..,... ~t.l..... ~ :l.1l:1l1ii~" . 19M- !.i~\'In o~ :te:f\J..l of: t=:1II. ec...t:r..e~15'I"
too I;cwpl ~ wi~~ t.b. :':iUau:ltOlCllt:lill of ..acut 1... Crclu' l'- If:J ;If H C I :r ...
h.lit. ;U17 ...11. b. . '~;E' JaiI:!iI tgr t:tI. .i~1 :;.ji.gJ;I g: ~t~
~.tili.~ ~ 14 C~P.I. ..~. 101.60..
Tb. pEClbibit1CIU qain.t: dll!!11Cr1n:S.MI;:Lcm gD tM bam. of ..It ~! t.ht
. D:t..~z:d.ticr. M t: of 19715 (42 u:....:. lie. '101 .t .~.) Ilt1d .
J.l..~ ti.mq ~. ~ ~tm. at. ::iI.... (!...... 1IBrt:. 1..,
~ ~Lb! tilirW ~iI:..t dJ.~1ainat: lOCI ...s.n.t -O'&:~.ni.. 9Q.l.ifJ.d
:t.ndiv.ldua3. vitb d::Llabil f ti.- \D:Idar Sec:t:Lcm II 04 ot: 'ChI ~i1it.ltiaa
AC':. or 1":1 (21 U.:I!I.. c. ale. "!II" ~ .Ift4 l~leunr.;u.g reg1.IJ. iJ;t4.=. -t .,,,
C., .loa. ..It . I hr ]JUrpU.. o.! tM ~ IbN~. Oz:.u.t. ~'I\t
t.ha c..... "dwI ~ 1.t.J1g .....:1 t.1I 111 l' C..:r I . . h%~ B IIhIlL 1lCJl \1Ae .1et;iDSI
Iltl~tiDft.J
TM a:!!:I.=r.-t.i...,. ae=t.:I.t:a. ~t.. of IXeC'll.'ti9"O e.rdor '-:ii'" puI ~
"I'11Kiac. iHUIII! ~r the orHr at 4J C.F . R. CblJtez 10 t u.d
blw~l" oaIertI- l11!i...5.. l:it4 J.a t 13.13111 J ...:I 13.11 7!1 . C'aI1t;n:clIii" "M~l
~ .r:l!oze. to ~ tobl UI. o! TllAori ty and ~ ~. :oua~UI.
.Dt.rpti.. .1D ~tion. vi tJ! &CIt i Yi t 181 f\1D&!d UZIIISa ~hl. t:01;'I'~'I;.
Il: . BMPImMIft oncJm]WmBa
1.n.i-E3:l J a! th.a ~.iAg aI!4 WMn DII'HI~cprm~ Ac~ of 111" {12 .,... ~.
:B1IC. ;l.l0j."U~.
III ~ tIIU.1PDRM rzDlRAL ACCBSllll:E.1'I'Y ITAJDAI!rJ'
ftJI!' ru.j lOr ~i 1! 't.at1on or ~J:II:1.o:n... t=):Ie b;~ ~a1.
AcIN.' ~'bil:1.ty St.&1.dad, .t 21 C ~ r . I.. hrt ilia ~ J.pp.adJ.-. A..
1"1 . :LBA'O-b.!1b Pllltr
The ftflU,5.ftrlelat.1 I 1.1 IIQ1l1'C!Ule.. cf t.be L.I4....IMd I.int 1oi-.cu1Dg"
~C101!..ACt {4.:2 U. 1:5 . It:. He. 4!1 1-.141 ~ eel !"l~lnI dfUJ..-c:i.=..
at ~4 f!. J ..I. ;art :3 5 .. tJt. addi tJ..t ~tt'~Qr lM&Il .110 .iIIf.: the
J!gllow:i.DI ~QU:i"'lat.. nl.t.~Df ~Q :iliGe~t:l.= md &bRt.!!IeZlt of:
d.ft IDtl!t.i Ift!II 1 Md- .baUIll!ld tytl till. ...... ~. I
~ 1J ~.tNmt Clf dI.:I:.ct:l..... paJ.a.t ..un:.c:a mlet :be- porJoi'1Md D&foM
f~lD.l f.n.~I:!t=ion -.nd ~l B~ 'Ell. ~'l:lllft. ~ilit.~~~..
03' ~iQII iiClI:.;iri,=-y VDder 24 c. P. R. l!Iarr.: 171, md
~.a ) AfPZ'OPZ'i. ~. act::llD1 ..:1. t. 1::3. tuu tt:I :pm"!; .:b81 tl:r C1"\WIl'tl
trol'll. tJ. _~ ...Q1ci.-t.d -J.:Ii;h. ::L...J.-bII.~ pN]il"~ ~~~
~lOaeduftl .
v. un: C1' ~, 8tI'.IPIlfl)1D. 01. DIB:l.IGIBI..B cmmtAC:l\3B
The DrOYU:lQM o.! a4 c. r.. R. P&zt 2. Z'tIl.tiDg ta tMl apl~ t
~ of IL..-n...I. ....:t1:Ii., af Gont:hct., -= flIEJC1:ltll lOt .any
CCBtna'=-__ e~ "~ftet.o~.. ~b.v ~ ~icd ot ~".
.~QUt.iaa. = pJ.~ ia Jaalif:l.b.i:l.1ty ,ta.:"..
V1.. t'LOC:a.m~
lfC I i to. p~.1d. aD ~ich ~t.J.I;JJ;I.. raj rx' :rl!hab:i Ii tilt tan... or
'!::I~d.iar:l. o! . :NilUns :r.. to :;. Ulilt.4 'UDder .J4 c. r. R. ftrt. 51'.,
otblr ebU. by gl'tnC ..~t. alloa.td '0 II:...ta 'lm4I;:t~.. 5' I . 4.3 _ ..y
bl laC:iI~e..f ~ 1m ana -.:hac .. bHI1 :I_~1riM by the hdlZ'.~ ~
Mmu.~r. .J.gil!lliey ~ --.m) .. ~..~ ~(li.-l f"l~ "!II_nlllI IItLl.... I
{:I' Tkle ilillllailJl\ldW 111. nin. tM 11ft. i. ail.'Ull.t:u :I.. ~:!.C'....~iDg IlJ1
tbt .~icaal Plac:d Iz..unaCIII Prap'P az:d the ngu1a~1QOi1
~.I' ,... C. F ..R. po.rt. .5, t~ 71 ~ or r:&.1. lraa ClIaa. .
yen bh ,.....CI lia-=:, nil ~ti ~ieJ.t:Lon :regud~ lUeb baun.l
ad
,~) acmt.n!!!COl' 'Wi.ll "'\In tkat. lid :b.t~~ em. the It.WC'"" 1.
tII'bt-dDad in ~1!-.ae. Mit:h. .lHIi:illilZL 1(1'~ ~ ., oj! I:~ '1'" .D'".~
~.cti~ A=t DI ii" 1~1 v.l.e. .~. 1001 .~ .eq.) I
V1 [ . COAITJL aulI2I.S
Ir. -.cCl:Jrdmc. wi tb tq Cout.l '.aLe ".OUt'1;d Al:t. r 1. ,... c:. 35 01 ~
no ~.imacill .....t..tac. 'UI.deI' tbe Ac:t. may " ..ad.e IQ.~ table wi t.b:lft tilt
O:JI.t..iIl 'I.u'z:i IIZ" ~aurQM .AyIItl!ft.. OOfter~lOl" ..hall ~~l, ~ W~
aWl :lt3bl., .J.th eM caaltal S02ltt ~ Act or 1'72 ~:I. &: tJ' ol B . C.
'l1li'0. 11.1 IItt :l1:IiI.) &. ~4, p;z1:.:l=u1K:ly ..rct.'ion , C17 ~ II;l ~ '4~ r:.1II
D.I.C. G.g. 145f~~) aD~ 14) ~.
V'I: I . DV~.n.NIDARD.s
:1:1: an::.eel! :I.. . utd.t Qt 1".1 ""'nM:a~. it Aall ..... the
en-r1~tal n~:Ll1 tJAI :IpK.i:!itI4 lit H.rtiaa. 1 II' (II {lJ ef tM
HoWII1DgI ud ~iII1IIU.m.i~ n.v.tqn.M. A(!t. Q~ 1, n~ and 14 e.' .1. h~~ 5..
OfthJ:a .ball ...l.t 0IJp.z1:-...;-=: .IIMI RZD:I lD t!lo~.:- G<<Dfll.au:c .i t.h
SIClt iCId. 106 cr! t:hI I<<t: 1czal Ii '-':Dne I'1:Nervat ~= 1c:t. of 11.s'6. AI
~ ~:... V.,. C I I!IIClCI. t"70 .t .aq..) ~ &M~lw ord.J;' 11.~ n; and c:ae
AGb...1 ogiOl.] aDd H.lltot.19! PnMnat.ion kt Of 1'" (11 V.,.:C i.l\:!.
4 !Ila-1 .t. I". J br I (al coaul t:.i.. wit:b tha .U~ liltoz'ic PnHrntioD
Ot:tice:r CII1 tha. 0'CIldu~ flf i~. tlG.t :ton... U ~llI!Iry . t~ !1I!.f!lt.:ily
p:'CpI:rti.. 111~1!I4 b ID' e!.lg!.bLII f.- t.!iu~lu"'~ :1:0 tile r.t:iDul Regillt.e
c!l!! R.i.t.ori.~ 'hee.. 't:~1t aft .ubj eel ~o ~ .:f!:!_.. ~ IUIIUV'iL';.:L..
fuadAMI gaduo thi. CGQ;:raot: aid. DOC i~ ~t .na BID m! ~
W1I:i.~. .;If .my IRCllh P=tJII~nic. r -.d ~:bi C:Qllflliriut ,,1 tlI. .:.. :).
~...d,t!~~. _lI:.Ml.t.hed by 'BtID ~o lYDid OZ' m.itipt-. .1vtI~1. .ff.ct:.
'IAptn .uch propart.t....
ann.t; ~ .11 UIIn.rt1, purwuu.t t,g QeC::U'ti ve ord!Ir ~l"". 1:~t tb.
fad.l1 tiu un.dI:r i!.. OWI:I*ttb~" ::..... _ C1r' nperr1aJ.ca. whil2h &ba11 _
out it:t lid a tJm a.caEXlpli.!BftUt ~ ~. palUi ~ aft IlOt l.l_t...:l
QfI, ~b. !ftY1't:'ODtfu\t.1 Jrat.liCtiEm. ~ ~Ih] l:i It -at v~~la~ ~
:eac1l.1 t1el lad tbat i~ .h&1.J ~:L~y bep8~'C u.d. BOD ~f t.M :.ca1pt
,,! ~ ___:i...~:l~ ;f~ I;JM l).lil'HC'Oif IIiIIf tIw B"" O!r~OI d ....1It&I.
, ~c1.ric:l... .i.zwlia.t.iDg t:t:..t . :e.c:l ~ :t';y ;0 DCII ~.o, :in tanyiag cu':. tbi.
~1Del111iii i. \m~ GGUli.dk4lLt.J.g;g lot; ~ill~iLhI by ~bg !i'lA..
G:z'lII1t.. 8&11 call'lV "ita t.he pftWi_:a... Dr tr.l ht ~0Da. BnVlronJTL111lt
Pol:1W 1.ct of 1965 (V.:r.. 91-1,0) IDd ~C\lf.1~. order 11514 III &.II ~
~ muGU!: l W Drd.r 11' '1_ wh;l.d~ p;OMOl;e tE 102:1::1 to prIInnt CIZ' .:'~11d.ut.
cIamate t=~ ~ ~Z"rJn:mllQ.t .a:nd. .bJ.~.~1!NI .~t1 .NtfU,1~ aD ~ ~ul
__"t st.t....at ~ JlllJiI us. prograu My .f!.c:t tbe qvali ty gt! ~
-mY~.. -ro 'li"tlQ ~enl. ~lieabl..1 CJran~ ~I.. ~:l.J ri.~h aLl
~ tba rlq\L.iR'llZlt. at: Mat.i.on 114 0 t tu Cl.-n A1.z ~ t: ~ .. ~4 (4::1
V ... C' . .,= ~ 11.57 e~ MG. ~ I ~ liII.c-=-~cqI. ~O, 01: e. hlaHl JI'I~
lo11ut1cm t'aat:::rol Mil;. (J 1 ,.. s. ~ ~ ~ lie. J.::lS1 at: -61:1.) ~ n.,.ati....ly ~
nJ..t 1a9 to lnt:p\1elt1en ~ mQlLi taring, ot,Q' ~ ~I, md lZIfmwatlm::r. ~ ...
....11 .. at..bK' ~.lNemt. ~~:I.!iad .in llIet.J..::m. 124 ~ ~ lOEl ~
tbe .l1:I' Act and I:l!IIt ...tiIE' J.c:t., :r.sp.c~' 11I1y ~ and. III 2:.l\il..don. qd.
gu1U1J.ae:. illll\lAlli:I tm.I;'~~ ~
.QraDt_ ..z:w..ll ~y .~UI 11:" p.NVt.l~ ~ .bII~.1. 'V'I O%6Ir lU:!iI1I!ii ~
nlat. iag tu ...lu.t ioG g r ~ lClOd. b.al~, .-n4 !ibMQJ-:;1 va ~ 11::181 t
U11&ting to pt1rVen"= ~_, CQdtJ:O~ _ ad ~Ullllm of 1fI.ta% pallut,:h:n1.
....u... ~l ..~:I..1i D~l1t ad JIm :In e:hlIiJ: ~~ ItttJ.J
1KR1:.'ti.. 0dM l~' Itl, nCGd Jf1.in *-~t ~ -td.ch. reqa1r..
ava:i.d..rmc-.~ 11:.0 ;M -.t.d.'t. pcI..~. r oC ~ 10B!l ad ..~ i:.1RD ::l.lI;ie
uaeciat.e wl-ch t.t.e ca~~ arid ~~i"l:1cm of :t!LcIodol.iD, .-ad
P~. of :t...be d1:ll11alt r:4 .LndJ~~ ~Ii CP~ tlacd;llaiD deYtI~[J.t
~~ the::1!I 11 . :p.E'aetJcabl, .ltemllt,1w '
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a Resolution appointing members to the Board of Directors of the North
Texas Higher Education Authority; and declaring an effective date.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-profit
corporation for the purpose of furthering educational opportunities of students by providing
funds for the acquisition of student loans. The cities of Arlington and Denton exercise the
powers enumerated under Section 53.47 of the Texas Education Code and the directors of the
Authority are appointed by the cities. Under Section 53.47 the Authority may issue revenue
bonds or borrow money to provide funds for the purchase of student loans guaranteed under
provisions of the Higher Education Act of 1965, as amended. The Authority issued its first
revenue bonds for such purpose in 1979.
PRIOR ACTION/REVIEW
At its August 15,2006 meeting the North Texas Higher Education Authority Board took action
to nominate individuals to Places 2, and 4 on its board for the term October 1, 2006 through
September 30, 2008. The incumbents, Mr. Governor Jackson, Place 2, and Mr. Dan Tonn,
Place 4, have expressed a willingness to serve another term. Therefore, the names of Mr.
Governor Jackson, and Mr. Dan Tonn are respectfully submitted for the Council's
consideration for reappointment.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Letter from NTHEA
Resolution
Respectfully submitted:
,.~
~ r. . ~ '
" .. ~ ~_.' '" "
~\ , . .
Jon Fortune
Assistant City Manager
North Texas Higher Education Authority,
Higher Education Servicing Corporation
August 31, 2006
Honorable Perry McNeill
and the Denton City Council
City of Denton
215 East McKinney
Denton, Texas 76201
Re: North Texas Higher Education Authority, Inc. (NTHEA)
Appointment for Places 2 and 4
Dear Mayor McNeill:
At its August 15, 2006 meeting, the North Texas Higher Education Authority Board
took action to nominate individuals to Places 2 and 4 on its board for the term
October 1, 2006 through September 30, 2008.
The incumbents Mr. Governor Jackson, Place 2, and Mr. Dan Tonn, Place 4 have
expressed a willingness to serve another term. Therefore, the names of Mr.
Jackson and Mra Tonn are submitted for the City Council's consideration for re-
appointment.
I will very much appreciate your notifying me of the action taken by the City Council
on the nominees. Please extend our continued thanks to the individual Council
members for their support of the Authority and its activities.
Sincerely,
Kathryn Bryan
Executive Director
1250E. Copeland Rd., Suite 200 .. Arlington, Texas 76011-4921 .. (817)265-9158" www.nthea.coln
L:\Our Documents\Resolutions\06\North Texas Higher Education Authority.doc
RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North
Texas Higher Education Authority, Inc. have expired; and
WHEREAS, the Board has nominated Mr. Governor Jackson - Place 2 and Mr. Dan
Tonn - Place 4 on the Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That Mr. Governor Jackson is hereby reappointed to Place 2 on the Board
of Directors of the North Texas Higher Eclucation Authority, Inc. for a term commencing
October 1, 2006 and continuing through September 30, 2008.
SECTION 2. That Mr. Dan Tonn is hereby reappointed to Place 4 on the Board of
Directors of the North Texas Higher Education Authority, Inc. for a term commencing October
1, 2006 and continuing through September 30, 2008.
SECTION 3. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDE , CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
CM:
Planning and Development Department
Howard Martin, 349-8232 ..
SUBJECT
Hold a public hearing and consider adoption of amendments to the Mobility Plan. There are 17
proposed changes. (CA06-0004 Amendments to the Mobility Plan) (The Planning Commission
recommends approval (6-0) and the Mobility Committee recommends approval (3-0).
BACKGROUND
On January 20, 2006, Frank G. Payne, P.E., City Engineer, presented to the Mobility Committee
proposed changes to the Mobility Plan. At this meeting the Mobility Committee directed staff to
hold public meetings with property owners affected by the proposed changes to receive public
input. Numerous public meetings have since been held on the proposed Mobility Plan
amendments. Comments received from these meetings and responses are provided in Exhibits 3-
7. The proposed changes have been updated as of July 2006.
The Mobility Committee has discussed these amendments three times since January. On July 21,
2006 the Mobility Committee voted (3-0) to forward these amendments as presented to the
Planning and Zoning Commission for review and recommendation. The existing Mobility Plan is
provided as Exhibit 1, and the final form of the Mobility Plan amendments as recommended by
the Mobility Committee is provided as Exhibit 2. Minutes from the Mobility Committee
Meetings are provided in Exhibits 8-11.
On August 23,2006, the Planning and Zoning Commission held a Public Hearing and voted 6-0
to forward it to City Council for review and action. Minutes from the Planning and Zoning
Commission Public Hearing are provided in Exhibit 12. An additional public meeting is being
held at the direction of the Planning and Zoning Commission on August 31 with the residents
surrounding proposed amendment #12 (North-South Connection - Creekdale to Ryan Road).
An additional public hearing is being held at the direction of members of the Mobility
Committee on September 5 with the residents surrounding proposed amendment # 2 (Mills
Extension west).
PROPOSED CHANGES
The changes reflect proposed roadway routings to improve or enhance transportation circulation
and connectivity. The following listing explains the numbered changes on the map (Exhibit 2) in
detail:
1. Hickory Creek Road/Creekdale Realignment - In its present configuration, Hickory
Creek Road passes through a floodplain and is subject to frequent flooding. The
revisions are intended to maintain an east-west arterial with this road and to reroute the
Creekdale collector up to Ryan Road with a short collector connection in between
Creekdale and Hickory Creek Road.
2. Mills Extension (west) - This amendment was added following discussion with the
developer of the affected properties. The addition of this collector in this location will
further facilitate connectivity and mobility between Loop 288 and Mayhill Road in an
area that will only see higher traffic volumes as development continues.
3. Bonnie Brae at Highway 77 Realignment - The connectivity of Bonnie Brae at Highway
77 has been problematic for some time now. The proposed realignment will make for a
better intersection in the event that development occurs at the adjoining properties and
will eliminate the need for two traffic signals and the existing turning problems.
4. Four Lane Extension (From U.S. Hwy. 77 to Milam Road) - These changes are intended
to be responsive to proposed development in this general area and to address the concerns
of the residents along Ganzer Road and Chinn Road. The proposed orientation eliminates
the severe bends currently shown on the Mobility Plan.
5. Remove Nicosia Connection to Loop 288 - The agreement between TxDOT and the City
to have Loop 288 as a controlled access with no at grade connections in this area does not
allow for the direct connection of Nicosia to Loop 288, so this proposed change is a
housekeeping item to remove this tie-in from the map.
6. East Windsor Realignment - This realignment is intended to provide a connection from
Loop 288 to Cooper Creek Road rather than to Silver Dome Road as previously shown in
order to improve connectivity and to be responsive to residents' feedback. The proposed
route was suggested by the developer of the proposed Windsor Oaks development and
was presented in a Traffic Impact Analysis (TIA) dated January 29, 2002. This
realignment would then require Farris Road to be extended south to connect to this new
alignment.
7. Audra Realignment - This change is intended to realign Audra on the west side of Loop
288 with Prominence Parkway on the east side of Loop 288, thereby providing a logical
place for a signalized intersection and moving Audra further south from the Highway 380
interchange which is a safety issue. In the improvements to Loop 288, a barrier is to be
installed in the middle to prevent left turns into and out of the current alignment of
Audra. The placement of a four-way intersection at this point will make the location
more amenable to the placement of a traffic signal.
8. Mayhill Road Realignment - This change is intended to show a realignment of Mayhill
Road to the west of its current alignment south of Morse Street. The intent is to improve
the connectivity to State School Road, improve the developable area on the affected
2
properties and to provide a separation between development and sensitive City facilities
to the east.
9. Katrina Extension to Mayhill - Katrina currently dead-ends just east of Kimberly Drive
at the FEMA property at the stub-out of the road. The addition of this alignment to the
Mobility Plan will ensure connectivity back to Mayhill Road as originally intended at this
location.
10. Southerly East-West Roadway - These changes are intended to be responsive to proposed
development in this general area. This east-west secondary arterial is intended to provide
a connection through planned development from the old Bonnie Brae alignment east to
F.M. 2164. With anticipated annexation(s) and development north of Loop 288 with
much greater densities than the 5-acre ranchettes considered by the City only a few years
ago, this item should improve area circulation.
11. Loop 288 Parallel Collectors - TIAs reviewed to date in this general area indicate
possible severe congestion on proposed streets to the north of Loop 288. With
anticipated annexation(s) and development north of Loop 288 with much greater
densities than the 5-acre ranchettes considered by the City only a few years ago, the
congestion will likely be even more severe. One alternative to address this congestion,
preliminarily discussed with TxDOT and acknowledged as being possible, is the
construction of collector type frontage roads outside the Loop 288 ROW. These roads
would allow for access ramps to Loop 288 to be reconfigured so as to connect from the
collector street to the main lanes of the loop. Construction of these roads will improve
the capacity of the major north/south arterials by allowing some traffic to use alternate
north/south roadways between that connect directly to these collector streets. Note that
this allows the northerly connection of Nicosia to an east/west street (refer to Exhibit 2,
Item 5). In addition, a direct connection of Loop 288 to Bonnie Brae would be provided,
rather than the current circuitous route to the US 77 exit and then travel on US 77 to its
connection with Bonnie Brae.
12. North-South Connection - Creekdale to Ryan Road. Remove Montecito in the same
limits - The current proposed alignment of Montecito between Ryan and Creekdale will
require substantial engineering and construction costs to elevate it above the current
creek. The new alignment will provide the same connectivity benefits and eliminate
these other issues.
13. Bonnie Brae Extension (new alignment - 6 lanes) - These changes are intended to be
responsive to proposed development in this general area. This north-south primary
arterial is intended to provide a connection through planned development from the old
Bonnie Brae alignment north to Milam Road. With anticipated annexation(s) and
development north of Loop 288 with much greater densities than the 5-acre ranchettes
considered by the City only a few years ago, this item should improve area circulation.
14. Ganzer Road/Long Road Connection (6 lanes) - These changes are intended to be
responsive to proposed development in this general area. This proposed extension of
3
Ganzer east of Bonnie Brae to FM 2164 has been moved to the south in order to avoid a
substantial amount of conflict/involvement with watershed areas that would have to be
crossed with the subsequent high cost of elevated road sections and/or bridges. With
anticipated annexation(s) and development north of Loop 288 with much greater
densities than the 5-acre ranchettes considered by the City only a few years ago, this item
should improve area circulation
15. Outer Loop - NCTCOG Corridor
16. North/South Connection (new 4 lanes) - This connector is proposed to provide an
intermediate route for traffic to gain access from the planned frontage roads along Loop
288 to points north.
17. Northerly East-West Connection (new 4 lanes) - These changes are intended to be
responsive to proposed development in this general area. This proposed extension from
the N-S roadway listed in Exhibit 2, Item 4 above to FM 2164 has been moved to the
north in order to avoid a substantial amount of conflict/involvement with watershed areas
that would have to be crossed with the subsequent high cost of elevated road sections
and/or bridges. With anticipated annexation(s) and development north of Loop 288 with
much greater densities than the 5-acre ranchettes considered by the City only a few years
ago, this item should improve area circulation.
OPTIONS
1. Adopt the amendments.
2. Adopt the amendments with changes.
3. Table the amendments.
4. Deny the amendments.
RECOMMENDATIONS
The Planning and Zoning Commission, the Mobility Committee and the staff recommend the
proposed amendments to the Denton Mobility Plan be adopted.
PRIOR ACTIONS/REVIEWS (Council.. Boards.. Commissions)
January 20,2006 Mobility Committee Meeting
April 21, 2006 Mobility Committee Meeting
May 19,2006 Mobility Committee Meeting
July 21, 2006 Mobility Committee Meeting
August 23,2006 Planning and Zoning Commission Public Hearing
EXHIBITS
1. Denton Mobility Plan Map
2. Mobility Plan Proposed Changes July 2006
4
3. March 9,2006 Public Meeting Comments and Responses
4. March 23,2006 Public Meeting Comments and Responses
5. April 13, 2006 Public Meeting Comments and Responses
6. April 20, 2006 Public Meeting Comments and Responses
7. May 31, 2006 Public Meeting Comments and Responses
8. January 20,2006 Mobility Committee Meeting Minutes
9. April 21, 2006 Mobility Committee Meeting Minutes
10. May 19,2006 Mobility Committee Meeting Minutes
11. July 21, 2006 Draft Mobility Committee Meeting Minutes
12. August 23,2006 Planning and Zoning Commission Public Hearing Minutes
13. Mobility Plan Amendments Ordinance
Respectfully submitted,
~~
Kelly Carpenter, AICP
Director of Planning and Development
5
Roadway Component
- Secondary Major Alternate
~ Freeway ~~.m Secondary Major Arterial
- Primary Major Alternate ~ Railroads
.~~.~~ Primary Major Arteria!
Existing Road Not to Class Standard
Maintained by TXDOT
500 Year Floodplain
.EXHI:B1T 2
Memorandum
To: Brian Lockley, Actor Director of Planning
From: Frank G. Payne,P.E., City Engineer~
Date: April 13, 2006
Re: Proposed Mobility Plan Amendments - Response to Comments Received in Conjunction With
March 9, 2006 Public Meeting
As you are aware, there was a public meeting held on March 9, 2006 to present proposed
amendments to the Mobility Plan to the public. The affected areas of the Mobility Plan that were
discussed at this meeting included the realignment of Bonnie Brae at Hwy. 77, the disconnect of
Nicosia from Loop 288, the realignment of Windsor east of Loop 288 and the realignment of
Audra to connect to Prominence Parkway at Loop 288. The sources of comments, the comments
received and the responses to each are as follows (comments noted as being received during the
meeting mayor may not include comments added by the intern taking notes, Jane Gurney):
1. Comment.card received from: Josh Montandon, 3517 Hermalinda: uPlease put speed bumps
on Nicosia so people do not go too fast. This neighborhood has a lot of children. (When
Nicosia connects to frontage road, people will drive faster on Nicosia - they already do so, but
will drive even faster than now". It was noted that he would like to receive a response to this
comment. Response - There is an existing speed hump application policy and program that
can be reached through the W'W'N.citvofdenton.com website on the Engineering page. The
neighborhood could also request that the City conduct a speed study on Nicosia by contacting
the Traffic Engineer, Bud Vokoun, P.E., at (940) 349-8910.
2. In addition, comments received during the presentation on Nicosia included uConcern raised
about changing road to allow through traffic in the neighborhood onto Frontage Road, and the
increased traffic and increased speed of traffic. BV explained that when possible the arterials
would be developed on the back and side of houses instead of the front of properties, but also
that this is not always possible." BV refers to Bud Vokoun, who was making the presentation
at the meeting. His response to the comments adequately answered the concern at the public
meeting.
3. Comments expressed during the meeting in response to the presentation on the realignment
of Audra included (paraphrased): Support for light at intersection (with Loop 288), several
people indicated a smaller arc in the roadway.would be desirable (to. deter speeding), people
wanted to know what was going to be developed on adjacent properties, people wanted to
know why the intersection at AudralLoop 288 did not look like the intersection of Loop
288/Hwy. 380, concern was raised regarding TXDOT plans for Audra and the construction in
the area, and the time frame of development was questioned. Response - If and when
Audra is rerouted to the south to intersect at the same point on Loop 288 as Prominence
H :\Roactway Projects\Mobility Plan\M-Lockley1.doc
Page 1 of3
Parkway, that location would be a logical place at which to install a signal. The geometry of
the roadway. is not set by the Mobility Plan, nor is the speed of the roadway generally
controlled by increasing the degree of curvature on a particular alignment. The developer on
the main property affected by the proposed realignment was present, was in favor of the
change and was undecided as to the timing or nature of his development at this time. There is
not enough separation.or right-of-way (ROW) to place a controlled access intersection like that
at Loop 288/Hwy. 380 at the AudralLoop 288 intersection. TxDOT plans call for a raised
median in Loop 288 at the present location of Audra such that only right-in, right-out turns will
be possible at the existing location.
4. With regard to the realignment of Bonnie Brae at Hwy. 77, comments received during the
presentation included: "Would the access to properties change, and if so how?" and "Would
existing Bonnie Brae be abandoned, even after it was just rebuilt? BV indicated it could be
abandoned." Access to existing properties would be maintained. Bonnie Brae ROW could be
abandoned, but that is not necessarily the action that would be followed (cQuld be retained,
could be sold, etc.).
In . addition to these comments, other discussion items centered more around procedural issues. As
noted by Ms. Gurney:
"Questions raised were more ones of procedure and process than technical issues related to the
amendments. The questions/comments are below.
1. Are zoning changes needed to make roadway changes? What is the process for road building
and zoning, and what is the relationship to the developers?
2. When are land use/zoning determinations made? E.g. to build apartments on adjacent
property that is not yet developed? KC explained that existing zoning may not prevent larger
buildings (apartments) from being con~tructed on undeveloped property if it is zoned to
accommodate multi-family housing; She explained Platting vs.Zoning.
3. Are any of the Mobility Plan Amendments impacting County property, or only City? Will there
be an impact on property taxes? KC explained that the developers carry their share of
expenditures for new traffic generated by developments, and that other improvements may be
carried out through CIP, if it is passed. No county. property was impacted by the amendments
covered in this meeting.
4. Audra Road - Will it be widened, and if so, when? BV indicated it would, but that there was no
immediate time frame for it1and it would not likely occur in the near future.
5. How do property owners of existing developments get a sound barrier built, similar to ones
along highways and new developments? BV & KC explained that the sound barriers are
generally along highways, and are a state responsibility. In contrast, the screening walls which
surround some new developments are put in by the developer. Owners of existing property
can't get city to build a screening wall/sound barrier. Possibilities for having a wall erected
were suggested, such as going through their Neighborhood Association with agreement of all
residents. "
In my opinion, Bud Vokoun and Kelly Carpenter (KC) provided adequate and appropriate responses to
these discussion items in the context of the public meeting and no other response is necessary.
Following the public meeting, Ms. Carpenter received an e-mail from Dr. Ed Wolski containing
additional questions pertaining to the proposed amendments to the mobility plan:
1. III am against tearing up Bonnie Brae because it wastes a brand new road. This is a waste of
taxpayer's money, don't you agree?" Although this is clearly a statement of an individual's
opinion, it nonetheless raises a valid question. If the realignment is in fact enacted, sections of
Bonnie Brae completed recently would in fact be demolished. This reconfiguration does have
value, however, in order to achieve the desired route and service level of roadway for Bonnie
Brae. In that sense "taxpayer's money" is not wasted in effect inasmuch as the purpose of the
road and direction of development has changed over time. Refer to the response to the next
question.
2. "Why doesn't the city line up Bonnie Brae NORTH of 77?" It is my understanding that in the
past development north of Loop 288 along Bonnie Brae was to be primarily rural in nature and
to consist mainly of small acreage "ranchettes." A disconnect of the roadways at Hwy. 77 was
H:\Roadway Projects\Mobility Plan\M-Lockley1.doc
Page 2 of 3
not considered to be an undue or inappropriate arrangement, inasmuch as the development
north and south of the Loop varied in nature, as did the traffic and access to Hwy. 77 and Loop
288. Now that more intense development is envisioned and in fact planned north of Loop 288,
there is a need for a continuous, functional arterial roadway flowing from south of Loop 288 all
the way north to Milam Road through this development. Since the "disconnecf' happens at
Hwy. 77 south of Loop 288, that is the location where the realignment must take place to
relieve the dysfunctional nature of the intersection.
3. "l am also concerned that the sliver of land to the east of Bonnie will impede access to my
property." Refer to my response to this same question at the top of the. previous page of this
memorandum.
4. "Re: Windsor Oaks The Lutheran Church property has been the platted. What happens to the
platting? What happens to the general development plan that has been approved?" It was my
understanding that Dr. Wolski requested the desired routing shown on the proposed
amendment. If in fact existing development has. been put in place that precludes the routing
shown on the proposed amendment, this amendment will not be taken forward for adoption.
However, it is staffs opinion that with minor revisions to the one plat that has been filed all of
the concerns can be resolved.
I trust that this memorandum answers all questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional information.
H:\Roadway Projects\Mobility Plan\M-Lockley1.doc
Page 3 of3
Memorandum
To: Brian Lockley, Actor Director of Planning
From: FrankG. Payne, P.E., City Engineer~
Date: April 13, 2006
Re: Proposed Mobility Plan Amendments - Response to Comments Received in Conjunction With
March 23, 2006 Public Meeting
As you are aware, there was a public meeting held on March 23, 2006 to present proposed
amendments to the Mobility Plan to the public. The affected areas of the Mobility Plan that were
discussed at this meeting included the realignment of Hickory Creek Road at F.M. .1830 and the
construction of a new north-south connection between Ryan Road and Creekdale to replace
Montecito. The sources of comments, the comments received and the responses to each are as
follows (comments noted as being received during the meeting mayor may not include comments
added by the intern taking notes, Jane Gurney):
1. Comment card received from: Colinda Fridley, Good Samaritan Society: liThe Society, as an
affected landowner, may not have been properly notified. We want to go on record that we
were not notified properly. Please discuss the rationale for the location of the 4 lane connector.
It appears to end in a housing development (Creekdale). Where is the traffic congestion
coming from that a 4-lane connector is needed? If the traffic will be coming from the Ashton
Woods development on Creekdale and the planned developments on the O'Toole/Stewart
tracks to the east of Good Sam, Good Sam wants the 4-lane connector on their property as we
will not benefit unless we develop our tract, which we have no plans to do in the near future.
What will be the width of the connector and where will the connector be located - on GSS land,
on Stewart/O'Toole or half and half? The Society's tract is rather narrow and the highway
would probably decrease our property values significantly. How will the landowner's be
compensated? Will the connector have a median down the center? Which portion of
Montecito will be abandoned - north or south of Ryan Road? When will the connector be
built?" Response:
8. I have no response to the comments relative to notification, inasmuch as Engineering
is not involved in that effort.
b. The roadway classification shown on the proposed amendment would ideally be
decided by the TIAs. prepared in conjunction with the various developments
surrounding its extents. Developers would then build their portions of the roadway as
they come forward with properties for development. The amendment shown is for a
collector, or in this case a two-lane roadway with 65-ft minimum ROWand 37 -ft of
pavement without a median, not for a four lane road. Inasmuch as the connection of
Montecito from Ryan Road to Creekdale is problematic from the standpoint of grade
H:\Roadway Projects\Mobility Plan\M-Lockley2.doc
Page 1 of4
and drainage, this roadway is intended to provide a north-south corridor to replace this
road.
c. The developer's share of this roadway,.triggered when the property is final platted and
goes to construction is 25-ft of pavement and one side of the curb and gutter.
d. It is not anticipated that Montecito would be extended south of its present location, at
least not on the Mobility Plan.
2. Comment card received from: Kelly Wooley, 1916 Del Mar Ct., Denton TX 76210:
"Speed limit. Stop signs throughout neighborhood (Lexington Park). Notification of
Lexington Park Residents. Address Children's park on Creekdale/Del Mar (Safety
accommodations)." Response:
a. Unless there is a reason to sign the roadway differently, the speed limit defaults
to the prima facie speed of 30 MPH. Existing speeds seen in the neighborhood
mayor may not support the adjustment of the speed limit upward based on the
actual speeds utilized by the traveling public, but Traffic Safety Commission has
gone on record of not posting limits less than the prima facie limit.
b. Although it may seem contrary to common sense, speeds actually tend to
increase on signed residential streets following the installation of stop signs as a
result of drivers trying to make up for lost time between signs and on non-signed
streets as a result of drivers being aware of the sign installations on the crossing
streets. The City's Traffic Engineer is drafting a letter to a resident in this same
neighborhood on the very same topic. To quote form the letter liThe City does
not install said ROW assignment traffic control devices at the intersection of two
residential streets until there is a demonstrated situation that meets at least one
MUTCD (The Federal Highway Administration's (FHWA) Manual on Uniform
Traffic Control Devices) warrant and as further augmented by the Traffic Control
Devices Handbook. Once a warrant is met, an engineering investigation of the
site will be made as to the appropriateness of the ROW assignment traffic control
device. The intent of the investigation is to determine if providing other less
restrictive remediation(s) (Le. removing sight distance restrictions such as plants
or through parking restrictions, installation of warning signs, installation of
pavement marking(s), etc or any combination thereof) is appropriate. If the
situation continues after appropriate remediation(s) has been tried, then the
warranted ROW assignment traffic control device can be considered for
installation. The first order of installation of a ROW assignment traffic control
device is a yield sign(s) and if this does not work, then a stop sign installation.
ROW assignment traffic control devices will generally be installed on the lesser
volume roadway, unless a study shows and a determination (in writing) is made
as to why the major volume roadway is to have the ROW assignment traffic
control device. After presentation of the materials, this policy was unanimously
adopted by the City's Traffic Safety Commission on October 3, 2005."
c. I have no response to the comments relative to notification, inasmuch as
Engineering is not involved in that effort.
d. The City will investigate the park location relative to the road and will consider
measures aimed at increasing the relative safety, beginning with signs and
markings as appropriate to raise the awareness of the traveling public.
3. Comment card received from: Jerry Cardwell, 4983 Settlers Creek Rd, Denton TX 76210:
"Why do we kneed this road. When you have Ryan Road already! What does this
accomplish? Do you realize how many house this effects?" Response - This comment was
aimed at the proposed relocation of Hickory Creek Road north out of the flood plain. The
proposed relocation is aimed at placing the road in a . feasible location out of the flood plain.
The citizens were told that this property would not be affected unless or until it is sold and
developed or the surrounding areas develop to such an extent that the citizens vote this project
in as a CIP project. The intent of a road of this service level (primary arterial) is to
accommodate the traffic that should be generated by the development that is anticipated in this
area. Ryan Road is a secondary arterial and is located north of Hickory Creek Road.
4. Comment card received from: Tommy Calvert, Sr., 5139 Settlers Creek Rd, Denton TX
76210: "Has there been a environmental impact study done on the effects of this plan
amendment?" No, at this stage (conceptual) in the process, an environmental impact study is
H :\Roadway ProjectsVv'lobility Plan\M-Lockley2.doc
Page 2 of 4
not required or appropriate (route is not finally determined). Depending on the financing
mechanism of the road (type of funds utilized), a formal environmental impact study is probably
not required.
5. Comment card received from: Nathan Abato, 7612 Sunburst Trail, Denton TX 76210: "I'm
concerned about a 6 lane highway popping up 200 feet behind my house. Prior to construction
please notify me so I can put my house on the market." Response - I spoke with Mr. Abato
after the meeting. He intends to sell his house in the next few years. When I explained to him
that, in the absence of an impending CIP project, the earliest this project would occur would be
in 5 to 10 years assuming that property to the west of him sells and develops, he was satisfied.
6. Comment card received from: Brent Trice, President Ryan Ranch Home Owners Association,
7621 Sunburst Trail, Denton TX 76210: "How will this newly proposedRd impact the school
zone at Montecito & Hickory Creek Rd. What is the proposed/anticipated traffic volume in front
of the grade school. What would the volume of traffic be on Creekdale. if Hickory Creek was
closed at the rail road tracks." Response - There should be no effect on the school zone from
the extension of Hickory Creek Road. With no certainty of how this area will develop, there is
no way for us to project traffic volumes into the future. I would assume that traffic on Creekdale
could dramatically increase in sections, depending on where traffic left Hickory Creek Road
and traveled north to intersect Creekdale and continue east or west. Creekdale is a collector
and Hickory Creek Road is a primary arterial, so the change in traffic volumes could be
dramatic.
7. Comment card received from: Steve Buttry, 15950 Dallas Parkway #750, Dallas TX 75248:
uSince the current Montecito alignment is 100% on Good Sam's property where ever the new
alignments goes it should still be 1000/0 on Good Sam's property." Response - Inasmuch as
this is a statement of opinion, no response is needed.
Comments expressed during the meeting in response to the presentation on the realignment along with
responses provided are as follows:
1. "Are they keeping Hickory Creek Road open? If so, why?" Response - Yes, Hickory
Creek Road is planned for expansion as a primary arterial to accommodate traffic volumes
that are likely for this area if it continues to develop.
2. "Why is the Hickory Creek Road extension so big?" Response - A primary arterial is
configured as a six-lane divided roadway with 135-ft of ROW.
3. UWhat will Hickory Creek look like at Swisher Road? Will it be a primary arterial all the way
through?" Response - Yes, the intent is that it would continue to the east as a primary
arterial all the way toF.M. 2499.
4. "What will you do about traffic on Country Club Road? Adding another primary arterial will
contribute to traffic." Response - Adding a roadway will not contribute to the traffic. It will
only allow the traffic that will be there anyway to be conveyed more efficiently.
5. "Will Hickory Creek Road eventually connect to Hwy. 377?" It is not anticipated that this
road will extend this far to the west at this time.
6. "With the addition of a 6-lane highway next to the park on Hickory Creek Road, what will
be the impact on the easements on the park and elementary school?" Response - The
roadway in this location was approved in this configuration in the previous bond election
so it is not anticipated that additional effects on the ROW in this area will be seen.
7. "Does the City have plans to do an Environmental Impact Study for Hickory Creek Road?
Concerns voiced about drainage in area, especially of water coming off the street. Erosion
from Ryan Road is causing drainage problems currently." Response - This question was
answered above (from one of the comment cards). The handling of drainage was
discussed in general.
8. "If Ryan Road is eventually built as a 6-lane roadway, will the City get rid of culverts
currently on private property? Will Ryan Road become a 6-lane road?" Response-
There was general discussion to the effect that, if the area continues to develop as it is
now, Ryan Road may become a primary arterial, but it is currently configured as a
secondary arterial. Any drainage issues that are currently being experienced as a result of
the roadway would be addressed if the road were to be expanded or reconfigure.
9. "Has a cost effectiveness study been done to compare the two options discussed (putting
a bridge through flood plain vs. the new option)? Response - No, but the City will look at
H:\Roadway Projects\Mobility Plan\M-Lockley2.doc
Page 3 of 4
conceptual level costs for each route. The length of roadway appears to be close to the
same for either option, so the major difference would be the bridge and associated
improvements required to leave the road in its present location.
10. "ls this a done deal?" Response - No, this is the discussion and fact-finding phase of the
amendment process. It will not be a "done deal" unless or until Planning and Zoning and
City Council approve the modifications to the Mobility Plan.
11. "No stop signs currently, where will they be? Park is close to roadway now, and traffic
volume and speed is an issue. What.can be done to lower the speed limit in the area?"
This question. was also on one of the comment cards and the answer provided at the
meeting is the same as that shown herein above.
12. "What is driving the proposed amendments? Is it development driving them? Is
development being encouraged by the amendments?" Response - The development
along Country Club Road that is trying to get off the ground now was discussed in relation
to how Hickory Creek Road configuration was modified for the more northerly
configuration. Development is not being encouraged by the amendments, but if
development continues the improvements will almost certainly be needed.
13. UWhat happens if property is never developed?" Response - If the property north of
Hickory Creek Road does not sell and eventually develop, there will be no real mechanism
to drive the road construction unless a CIP project is proposed and approved by the
voters.
14. "If adjacent properties are developed, isn't the City then forcing people to develop their
own land?" Response - The City is not forcing anyone to develop any property; however,
the configuration of Hickory Creek Road, whether it is left in its current location or
realigned as proposed, as a primary arterial is intended to carry anticipated traffic volumes.
15. "As proposed, He realignment will cut through middle of private property, making it
unsuitable for development/sale by leaving fractions too small to be built out. If road was
constructed along property lines, or closer to existing roadway and railroad tracks, it would
have less of a negative impact on current property owners. Owners submitted rough
drawing to outline suggestions." Response - General discussion in the context of the
meeting. No response necessary at this time.
16. "Was notification done properly?" Response - The City provided the attendees with the
methodology used to notify the affected area.
17. "Previous information from City staff regarding road construction and cost is not being
followed (Good Samaritan property). How will landowners be compensated? What is the
time line for Hickory Creek amendment?" Response - The City staff in attendance at this
meeting were not aware of the information discussed by the Good Samaritan
representative. A response to this item was provided from the comment cards.
18. "Hickory Creek realignment - access to property for development, is this the motivation for
realignment? Please move alignment on map to reflect property line." Response - The
aerial photograph on which the proposed realignment was drawn did not line up correctly
with the property lines as intended. The intent of the realignment is to move the road up
and out of the flood plain.
I trust that this memorandum answers all questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional information.
H:\Roadway Projects\Mobility Plan\M-Lockley2.doc
Page 4 of 4
Memorandum
To: Brian Lockley, Acting Director of Planning
FraIn: Frank G. Payne, P .E., City Engineer
Date= May 4, 2006
Rs Proposed MobifIty Plan Amendments - Response to Comments Received in Conjunction With
April 13, 2006 Public Meeting
As you are aware, there was a public meeting held on April 13, 2006 to present proposed
amendments to the Mobility Plan to the public. The affected areas of the Mobility Plan that were
discussed at this meeting were related solely to the realignment of Mayhill Road from its
intersection with Colorado Boulevard north to Morse Street. The sources of comments, the
comments received and the responses to each are as follows (comments noted as being received
during the meeting mayor may not. include comments added by the intem taking notes, Jane
Gumey):
1. Comment card received from: John Chatham, FEMA, 3900 Karina ln, Denton, TX: "How
many lanes upon completion of MayhUI? WiD Karina Lane be extended to MayhOl? Will
Kimber1y Drive be extended to Spencer Rd? Will a traffic light be installed at Karina & 288?
What future economic development is planned after MayhiRr Response:
8a It was explained that Mayhill Road is planned as a six-lane primary arterial.
b. The City wants to see Karina tie into the ultimate afignment of Mayhill Road as
evidenced by the right-of-way ~OW) dedication across the affected property
discussed. .
c. It - is possible that Kimberly Drive win extend south to Spencer Road, but only if the
current property owner for the property due south of FEMA sells the property and
someone else develops it or if the road construction is driven by a CIP project The
current property owner entered into an agreement with the City to not have to extend
Kimbedy across his property.
d. A traffic light will be instaned at Karina if and when it meets warrants. Right now, there
are no plans to instaD a light at this location.
e. I have no response relative to. possible future development in this area.
2. Comment card. received from: Teresa Haynie, 3914 Gayla Ln, Denton, TX 76208: "What are
the options to the expansion? What is the appraisal based on? Time line? What are the legal
pmceedings?" Response:
a. There really are no options per se to the expansion. The area is projected to need
another primary arterial in this location to cany expected traffic volumes. I believe this
question was geared more towards the route, and the various possible routes,
induding maintaining an arlgnment in the existing ROW, were covered in the meeting.
b. It was explained that appraisals are based on "fair market value.. ROW professionals
employed by the City typically approach property owners affected by CIP projeds and
ask for access for ROW or easements on a donation basis initially, usually followed up
with an offer based on what property of this type is selling for in the general area if the
property owner declines to donate.
c. It is difficult to establish a finn timeline on the project without an idea of exactly how
the project wiD be financed. It was explained that the City will attempt to fund the job
through TxDOT, and staff stated that the construction project would not begin in any
fann until after Loop 288 expansion activities were completed in mid 2009.
H:\Roadway Projects\Mobility Plan\M-LockIey4.doc
Page 1 of5
Depending on funding and possible environmental issues, it could be anywhere from
five to ten years before projed: construdion begins.
d. I believe this question was geared towards the acquisition process. I explained that,
in the event that an agreement cannot be reached between the City and a landovmer
on ROW value, the next step typically seen is the condemnation process (which was
cleady pointed out as the least desirable aftemative). Cases for property value are
presented to a commissioners court by both sides and a ruling is delivered.
Depending on the' relative satisfadion by the entities on the judgment, an appeal may
be filed and a trial conducted.
3. Comment card received from: Chris Haynie, 3914 Gayla, Denton, TX 76208: -other options
to expansion?" Response: This question was answered above in conjunction with a previous
comment card..
4. Comment card received from: Vemie Wilson, 3914 Gayla, Denton, TX 76208: "Proposal or
already got money appropriated for project? Possible rearlQnmert? Connectivity to State
School Rd or make it more convenient for South ridge residents to haves straight shot to DFW;
ete. T Response:
a. I explained at the meeting that the last bond election in 2005 approved money for the
engineering of the roadway, -not the consIruction. I again explained the process the
City would follow to attempt to gamer State funding.
b. This realigrment question was ansvvered above in conjunction with a previous
comment card.
e.. The intent of the roadway is to cany projected or expected high volumes of traffic
between u.s. Hwy. 380 on the north and State School Road on the south. There is
no intent involved relative to the mobily needs of any one neighborhood or group of
residents.
5. Comment card received from: Wilma Haggard, 1900 S.. Mayhil Rd, Denton, TX: "Pipe line?
Easement at Mayhill Road?" Response: Ms. Haggard's questions were relative to the NGG
gas pipeline aossing the frontage along existing Mayhill Road and relative to why iI was in its
current location versus the proposed roadway location. It was explained that, under the
alnent Mobility Plan (which is the only Plan that is currently in full force and effect for
development). the alignment of Mayhill Road diverges from the existing ROW at Colorado
Boulevard north to Quail Creek Road.. Other than this .Iocation, the expanded ROW follows
along the existing alignment. The only place that the City could tell the gas line company to
place the Ine if they wanted to follow the roadway aaoss Ms. Haggard's properly is along the
existing ROW, inasmuch as there is no guarantee that the revised alignment would be utilized.
Moreover, the alignmert on the Mobility Plan Amendment is simply schematic or pictorial in
nature and does not necessarily reflect an engineered alignment. The City does not want the
gas line in the _expanded ROW for Mayhil Road regardless of Is route, so the gas line
company elected to place their easements outside the ROW of the roadway if it were to be
expanded in its cunent location.. I further slated that it was my understanding that the gas
company had attempted to negotiate easements for their lines parallel to the existing gas lines
aossing through this area but were unable to come to tenns with the affed:ed property ownelS.
6. Comment card received from: Youvonne Matzinger, 3919 Gayla, Denton TX 76208: Why
are we paying for a road down Bridges & not use Maybill that is already build. You would be
taking east side of a- person land. Not down the middle." Response: It was explained that a
developer had approached the City with a request to consider the realigrment of Mayh. Road
between Colorado Boulevard and Spencer Road. City Staff looked at the developer's request
and, in the process of trying to decide how to move people around, decided to cany the
proposed amendment forward to the public (following Mobility Committee authorization)
realigned as shown all the way north to Morse Street.. I stated that the City was simply looking
at how to get from "Point A to Point B" without considering the effect on neighborhoods, the
impad of which was to be gauged through public meetings such as this one.
7. Comment card received from: CatheJine Wages, 3915 Gayla, Denton TX 76208: 'Wly is the
original Mayhin Plan not being used (6 lane - 380 to 135)1 Where will Old MaytuT Response:
This realignment question was answered above in conjunction with a previous comment card.
8. Comment card received from: Robert Connely, 3900 Quail Creek Rd, Denton TX: We just
did this 18 months ago. Do not keep changing." Response: Inasmuch as this is a statement
of opinion rather than a question, no response is needed.
H:\Roadway Projects\Mobility Plan\M-Lockley4.doc
Page2of5
9. Comment card received from: Jennifer Wages, 2508 Glenwood: "Intersection Bridges &
Spencer Hilr Response: This comment cardlquestion was related to the lower elevation at
the referenced intersection. It was confinned in the meeting that grade adjustments to the
existing intersedion would have to be executed if the revised alignment of Mayhill Road is
adopted.
10.. Comment card received from: John Bond, 1700 S.. MayhDI Rd..: -Against it Just widen
existing road where it is." Response: Inasmuch as this is a statement of opinion rather than a
question, no response is needed..
11. Comment card received from: Kris Essary, 1309 Bridges, Denton TX 76208: 'Why is the
property aaoss Bridges already being developed( Response: I have no knowledge of
ongoing development on the northwest comer of Spencer and Bridges at this time.
12.. Comment card received from: C..B.. Wilson. 3914 Gayla: -Mise Questions..- Response: It is
assumed that these questions were answered during the open comment period of the meeting
as documented herein below..
13. Comment card received from: John R. Brown, 1120 North Locust, Denton TX: "What is
happening now on the west. side of Bridges and on the area on Mayhin? Under this proposal,
which homes, businesses would have land taken? How long would the disruption be during
construction and how would you accommodate people or having business in the area? How
would landowners be compensated for the land and the disruption of lives and businesses?"
Response:
a. Gas line construction.
b.. The map showing the proposed tearlQnment of MayhHI Road was discussed.. It was
explained that the map is schematic in nature and that the exact impact to the various
properties is not known at this tine..
c. Construction on a project of this scale would likely take twelve to eighteen months to
complete.. Access to properties and businesses vvould be maintained throughout
construction.
d. Landowners would be mmpensated through the process described herein above for
ROW acquisition. Property owners that are not involved in the ROW acquisition
process would not normally be compensated..
14. Comment card received from: Kevin Nelms, 2100 S. Mayhill Rdt: "Proposed realignment - .
\NOuld be better for development & increased tax base for the cIy and taking into consideration
the many fatal accidents along Mayhill and the 50 school children which congregate every
morning at that dangerous CUNe in bad weather, wouldn' this be the best way?" Response:
There was general discussion in the public meeting on the various advantages and
disadvantages of the proposed realignment.. In general, the aligrmenl shown across the
properties south of Spencer Road would tend to be better for development (allows
development on both sktes of a major roadway) in the event that those properties do sell and
develop.
15. Comment card received from: Joe Doye, 5202 Walnut Hu. OaDas TX 75229: -riming of P&Z,
Council. Dedication - Purchase 120'/135'. Pipeline - our agreement wI gas pipeline based
upon setbacks wI MayhiD aligrment..- Response: I was discussed that the next step after the
public meetings will be public hearings at P&Z and City Council with approval being targeted in
June or July of.this year.. Discussions relative to the NGG gas line were covered under a
previous comment card as listed herein above.
16.. Comment: card received from: Michael McKeovvn 651 S.. Mayhin Rd, Denton TX: "l do support
the improvement. When would the right of way be purchased?" Response: ROW purchases
could begin as early as the design phase but certainly in advance of _..
17. Comment card received from: Teny D. Johnson, P.O. Box 2425, Sherman TX 75091: AI own
property at 1205 Bridges. There is no painless way for this project to happen regardless.. I think
the Plan Amendment is logical. We support the Mobility Plan Amendment." Response:
Inasmuch as this is a statemert of opinion ratherthan a question, no response is needed..
18. Comment card received from: Olita Kate Bridges: "I have 2 rent houses (1301 & 1305
Bridges) that win be affected. Will the city be willing to pay me the amount of rent I wiD lose for
the next 15 years plus marKet value for the land?" Response: I replied to this question to the
effect that, alhough I am not a ROW professional, I believe that conunerciaI property is valued
differently than residential property during the appraisal process. Values and settlements are
negotiated not didated..
H:\Roadway Projects'Mobility Plan\M-LockIey4.doc
Page3of5
Comments expressed during the meeting in response to the presentation on the realignment along with
responses provided are as follows:
1. IIFEMA - Traffic questions: If amendment goes through: will Karina go to Mayhill, will
Kinberley go to Spencer? How will i impact FEMA traffic patterns. entrance. ete? Denton
County facilities impact on FEMA? Will there be a light at 288 and Morse?" Response-
These questions were answered Brove (from one of the comment cards). There wi be a
signal at Loop 288 and Morse. I suggested to the FEMA representative that we set up a
meeting separately between FEMA and the CIy to discuss their traffic and connectivily
concerns.
2. -what is the appraisal based on? Tmeline for P&Z. City Council. and for constructionT
Response - These questions were answered above (from one of the comment cards).
3. -On the Colorado end of proposed amendment Already approved, therefore how will it
meet up with the proposed alignment? What is the benefit of proposed alignment?" The
section of the existing Mobility Plan that shows Mayhin extending north from the Colorado
intersection and then tying back in at Quail Creek Road would be deleted from the
amended Mobiliy Plan. The proposed alignrnert not only provides a four-way intersedion
at Colorado, but also allows development to occur on both sides of the roadway and
provides increased separation of the roadway from the landfin.
-4. "Has State appropriated funds to connect this roadway to Highway 121? If so, how is this
a proposal? Who is benefling most from 121JMayhiH proposal?" Response - AIhough
this roadway will connect to F.M. 2499 through the State School connection, it will not tie
into Hwy. 121. All citizens in the area that travel Mayhill road will benefit from the
increased capacity of this roadway.
5. -will the City provide plans in writing? What about current loss of property due to piperme
already?" Response - Plans will be prepared and available for viewing upon request
after a consultant is retained and the design process is competed. -wss of property" as a
result of the gas pipeline is a matter between the gas company and the landowners, and it
is assumed that compensation levels have been negotiated between the various parties.
6. "Why not have the State come through and put in Roadway now versus the City doing it
later? Since 121 connection is likely. why not get cheapest option for city (i.e. have state
build it)?" It was explained in the meeting that the City's intent is to request funding and
construction for May till Road through the Stale by classifying the roadway as a Municipal
Highway. After construction, the City would then assume maintenance responsibility for
the road.
7. 'What would happen to "old" Mayhill if amendment is approved? Is timingltimeline based
on city motivating developrnerll7 Response - Railroad aossings wiD impact the
decisions on routes and tie-ins of "old" Mayhill back to the revised alignment will have to
be studied. It is likely that the road win be curved for a perpendicular intersedion -with the
new route or possibly that a cul-de-sac would be employed in places. Timing of the
roadway construction is based on availability of funding and negotiations with the State,
not on development.
8. I&ln favor of amendment Fatalities on roadway and bus stop: E-W direction woukJ allow
better flow of traffic and improve city tax base." Response - These questions were
answered above (from one of the conunent cards).
9. One gentleman identified himself as a lawyer representing a homeowner on Bridges: "Is
there already a projed ongoing in area? Can you. be more specific as to which properties
are being affected? Will this be ongoing, done as piece-meal projects, or will it be done all
at once? What wi be the length of cflSlUption if it goes ahead? How will homeowners be
impacted, and compensated for disruption? Will access to property be impacted after
construdionT Response - There is a projed: approved for the design of this roadway
from the latest bond election. There was general discussion again as to the exhibits
provided and the fact that the Mobilily Plan does not equate to an exact definition of
roadway alignment. If funding is achieved through the State of Texas, it is my belief that
the fuR six lane cross section Will be conslnJcted at one time for the entire length of the
project. Homeowners will not generally be impacted any more than by any other roadway
H:'Roact.vay Projeds'Mobility PIan\M-Lockley4..doc
Page 4 of 5
project of this nature and scope. The questions relative to property compensation and
impacts were answered above (from one of the comment cards).
10. "'Why is a developer being allowed to drive this process and affect these homeowners?"
Response - It was explained in the meeting that a developer had approached the City
with the suggestion that Mayhill Road be moved to the west for the section south of
Spencer Road.. It was the City's initiative to show the divergence from the existing ROW
north of Spencer Road to Morse Street. Development is not driving the process, and the
City's intent through the public meeting process is to gamer public opinion as to the
possible routes.
11. aMayhiD was linked up with State School already.. There is nOW.8 need to widen the
existing roadway. Fix what we have instead of building new. Where is the common
sense?" Response - Inasmuch as this was a statement of opinion rather than a
question. no response was provided at the meeting beyond the reasons for the proposed
amendment already discussed.
12. "How will the dip in the road at the intersection of Spencer and Bridges be dealt with?"
Response - It was explained in the meeting that the detailed design phase of the
roadway project would deal with topographic issues and that grade adjustments would
have to be made.
13. Y. Metzinger: "New alignment takes residents by surprise. The residents anticipated the
expansionlwidening of the existing roadway.-
14. K. Bridges: "How many lanes will there be if the road goes down Bridges?" Response-
It was explained that the roadway would be built at capacly as a six-lane primary arterial.
Following the public meeting, Ron Menguita received an EHTlail from MalUf Mullis, 2900 Spencer Road,
oontaiil1J additional questions pertaining to the pnposed amerdnenIs to the motility pan: 'QeeIings Ron, I
talked with you by phone today. and gave you my opinion about my concerns over the proposed
amendmenIs regardiIlJ the reaIignmert of MayhiI Road. As a property owner,living on the oomerof Spena!r
and Bridges, the inaeased traffic, destruction of native habitat. increased noise. dust, and trash, would de-
value my poperty, this whole resiferIaI area, and make living here unpIeEanL Realignment ofMaytil Road,
by widening Bridges Road, would also destroy the existing Cross-Timbers Habitat, and displace or destroy
the \fVikIIe. depeOOant on the food and sheler producing trees and plants there. As I mentioned to you, the
Cross-Timbers Habitat is shrinking, as urbanization is inaeasing. It is important to keep intad what areas we
have left; and the fenceIine on BOOges is home to numerous ~, rabbits, and otherwildlire which are part of
the ecosystem of the Cross-Timbers Habitat I have documented with photos the trees and plants that make
up this inportart hatiIaL I was not able to be present for the meeting on ThuIsday April 13, but I wi be
attending the meeting on Friday April 21.Thank you for contacting me, about this important issue."
Response - Most of NIs.. MuIis' oommenIs appear to be sIatemenIs of opnions rather than questions.
Although it is true that all construction projeds generate noise. dust and trash. proper construction
_ and management can serve to dampen or temper the effeds of these is.ciues. IIla'm&!d traffic
will be experienced in this area whether the roadway is realigned or not and whether it is widened or not
ReaQ1irYJ the roadvvay may not be jI.dged to be necessary, but widening of MayhDI Road to acconmodate
expected increases in traffic vofumes is judged to be critical.
I trust that this memorandum answers all questions received to date on the subjed amendments. Let
me know if you have any additional questions orneed any additional information.
H:\Roadway Prnjects'Mobilily PIan\M-loddey4.doc
Page 5 of 5
Memorandum
To: Brian Lockley, Acting Director of Planning
FlaIm Frank G. Payne, P.E., City Engi~
DaIs May 10, 2006 V fJ
Rs Proposed Mobility. Plan Amendments - Response to Comments Received in Conjunction With
Apnl 20, 2006 Public Meeting
As you are aware, there was a public meeting held on April 20, 2006 to present proposed
amendments to the Mobility Plan to the public. The affected areas of the Mobility Plan that were
discussed at this meeting were related primarily to the area bounded by IH35 on the west and
F.M.. 2164 on the east and by Milam Road on the north and loop 288 on the south. In addition to
this large area with a number of roadway components, the addition of frontage roads paralleling
Loop 288 from U.S. Hwy. n to approximately u~s. Hwy. 380.were presented. The sources of
comments, the comments received and the responses to each are as follows (comments noted as
being received during the meeting mayor may not include comments added by the intern taking
notes, Jane Gurney): .
1.
Comment card received from: Jane Meaney, 4711 N. Bonnie Brae, Denton. TX 76207:
We're not even in the City. Do it for those who want it It would cost too much - you can't
even finish 288 at the mall. Whoever plannedlwanted this. let it go through his house.."
Response: Inasmuch as these comments are statements of opinion rather than a question~
no responses are needed. It was pointed out in the meeting that the drawing distributed with
the meeting notice was in error: It is not the intent of the proposed amendment to the
Mobility Plan for the road shown to go through Ms. Meaney's property.
Comment card received from: Ray Roberts, 2136 Chinn Road, Denton TX 76207: "Your
move North of Bonnie Brae turns Ganzer at .Chinn Road" - then North - this. basically
destroys 3 homes - Carter, Rander, Baker. Bonnie Brae should follow the original plan & if it
must go North, intercept the Ganzer line North of Mr. Baker's home. Bonnie Brae Road
should "not" be extended on North beyond Ganzer - Development being constnrded will
have adequate roads & exits." Response:. Again, these comments are primarily statements
rather than questions. In the meeting, the various alternatives to the routing of a primary
arterial in the old Bonnie Brae alignment were discussed north and west of Ganzer Road.
Comment card received from,: Dartene Rector, 4711 N. Bonnie Brae, Denton TX 76207:
"Why are you taking property that belongs to our Heavenly Father. The. city wiIJ paid for
taking property that belong to God people." Response: .The purpose of the proposed
amendments and reasons for the changes were discussed in detail in the meeting.
Comment card received from: Shawn Carter: 'Why in front of my house? Why do you need
a four lane Road within half mile of freewayT Response: The purpose of the proposed
amendments and reasons for the changes were discussed in detail in the meeting.. It was
explained that almost all of the roadway changes/additions shown are on property owned by
two major property owners that intend to bring development to the area and that requested
the routes shown on the map. Inasmuch as the revised routes provide at feast the same
level of connectivity previously shown on the City's Mobility Plan, staff was not opposed to
the specific routes requested. Persons attending the meeting were given the opportunity to
stand up and point out the impact of the proposed roadway routes to their properties.. It was
explained that the intent of the routing of the road along old Ganzer Road was to take aU the
right-of-way (ROW) from the eastern line of the existing ROW to the west, prima,rily off the
developer's property.
2..
3.
4.
C:\DOCUME-1\fgpayne\l..OCALS-1\Temp'M-LocIdeyS.doc
Page 1 of4
5. Comment card received from: George Rae, 2300 Chinn Rd, Denton TX 76207: "When can
we anticipate sewage and water for Chinn RoadT Response:- It was explained that the
same mechanism bringing the roads to the area (development) would also bring utilities up
into this area.. Ulil"dies would not likely be extended down Chinn Road unless the area was to
be annexed and a capital improvement program (CIP) project was initiated to extend the
utifdies through the existing neighborhood..
6. Comment card received from: Ken Stewart: "Will the proposed .plan result in taking and
destroying family residences? Why would .you take out long standing family residence on
Ganzer by this plan rather than the right of way going through vacant land?" Response:
The intent of the lines drawn on the Mobility Plan is to provide a schematic for the road
network in developing areas to ensure that the proper capacity roadway is provided. The
intent is not to didate the exad location of the roadway,...and no houses were intentionaly
targeted by the proposed amendments. It was explained that the lines were schematic in
nature only and that the existing ROWs YJere utilized as much as possible..
7. Comment card received from: J.F. Baker: None submitted on card. Response: It is
assumed that Mr.. Baker spoke in the meeting and that a response was provided below to
questions received during the open comment period as documented by Jane Gurney.
8.. Comment caRl received from: John Peppler: -Developers tine - estimated or anticipated
start date." Response: Representatives from both of the developers in this area were
present in the meeting and offered no feedback on this or other terns.. I explained that I
believed the developers were serious about developing the property but that I have no idea
what their timefrarne is..
9. Comment card received from: Lowell Gould: 'Why does Bonnie Brae culVe east just North
of Ganzer instead of going straight North! Response: Again, the purpose of the proposed
amendments and reasons for the changes were discussed in detail in the meeting. It was
explained that the intent of the routing of the mad along old Ganzer Road was to take aD the
right-of-way (R.OW) from the eastern line of the existing ROW to the west, primarily off the
deveIope(s property..
10. Comment card received from: Gloria Delaney, 6202 FM 2164, Sanger TX 76266: "What is
the planned for FM 2164 and when? Are there plans to extend the city limits North? I so -
how far? When? $$$?? Who will pay for this expense which will benefit the developers?"
Response: It was explained that the purpose of the meeting was to discuss proposed
amendments to the Mobility Plan, not annexation. It was also explained that development
would drive the construction of the roadways and that aU of the traveling public should benefit
from the improved connectivity and roads. Development will come to the area whether or
not the CIy does anything on the Mobilily Plan, so ensuring that the development brings
forward the proper capacity roadways is in the best interests of the existing residents.
11.. Conment card received from: Alred A. Croix, nag lIeson Road, Aubrey TX 76227: -wiD
Denton City provide utilities in the Ganzer-Bonnie Brae-Chinn area or will water come from
Bolivar WSC?" Response: It was explained that the area is within the CCN of Denton
Water Utilities and that whenlif publiC utilities are extended to the area they will be provided
by the City of Denton..
12. Comment card received from: Denise Eberhardt, 6829 Ganzer Rd E, Denton TX 76207:
-00 any of our concems reaDy matter - if we don' approve of your proposed plan does it faU
on deaf ears?" Response: I explained to the attendees that the City is interested in their
vievvs and that their input would be canied forward to the Mobility Committee the foBowing
day and in written backup. In addition, public forums at Planning and Zoning (P&Z) and City
Council wiD provide them with opportunities to express themselves with regard to the
proposed amendments.
13.. Comment card received from: Kenneth Hatridge, 2062 Chinn Road, Denton TX 76207:
8. "If there are different options on the change of the road, why did we not get all plans?
Some in the area of Chinn Road and Ganzer did not get any notice at all?"
b. 'Why is the City in County jurisdiction?"
c.. 'What are the reasons forthe changer
d. 'Why are you destroying 3 homes are getting dose?n
e.. -why are your maps not correct? Chinn Road is not marked correct?"
Response:
C:'tDOCUME-1'lgpayne\L0CALS-1\Temp'M-L.ocldey5~doc
Page 2 of4
a. Different options were considered before notifications were provided to property
owners. Notification limits per Code were explained to the attendees and the fact that
all of the people along Chinn Road were actually outside those limits for the proposed
amendments. staff felt like these residents needed to have a chance to provide their
input, so notices were posted regardless of the Code mandated boundaries.
b. The area in question is in the cnys exlratenlorial jurisdiction (ET J), meaning that the
City's platting requirements .apply to development One component of those platting
requirements is the provision of roadways in accordance with the Mobility Plan.
c. The purpose of the proposed amendments and reasons for the changes were
discussed in detail in the meeting.
d. The intent is not to dictate the exact location of the roadway, and no houses were
intentionally targeted by the proposed amendments. It was explained that the lines
were schematic in nature only and that the existing ROWs were utilized as much as
possible.
e. It was explained that the private road west of Ganzer was incorrectly labeled Chinn
Road. I was an inadvertent error in the preparation of the map.
14. Comment card received from: Ed Wolski, 2436 135 E South, Denton TX 76205: 'Who is
paying forthe parallel coDectors? What Wll happen to the approved Comprehensive Plan for
this area? Service roads not collectors were approved forthis area. How will the 5 acres on
North-East comer of 288 and stuart be affected? A collector would make this property
worthless for commercial or mufti family development, wouldn't it? A collectorthru the middle
of this property would adversely affect this property, corredT Dr. Wolski did not speak in the
meeting, but instead followed up with an a-mail to staff with the same basic questions:
"There were a lot of angry people at the meeting Thursday evening. I understand how they
feel. I own 5 acres at the Northeast comer of Loop 288 in stuart Road. The proposed
parallel collector in the proposed mobility plan would cut this property in half. Cutting the
property halfwould make it worthless. I am opposed to this proposal. Also the property at the
intersection of VVindsor and Loop 288 has an approved Comprehensive Development Plan.
Parallel service roads were approved in the Comprehensive Development Plan. Building
parallel coBeclors instead of service roads would greatly increase the expense of developing
this property. The wider collector roads would waste more land and would be more . ,
expensive to build. I am also opposed to this proposal.- Response: A response was
provided to Dr. Wolski via e-mail: "Thanks for your comments Dr. Wolski. We will
incorporate them with the ones we received last night. We discussed the parallel
connectors as being right up against the TxDOT ROWI not offset as shown on the
drawings for visual purposes, so the intent is certainly not to cut any property up in this
manner. However, if a developer is interested in offsetting the roadway to afford
development space on both sides of a mad, the City would certainly work with them..
The parallel "service roads" you're discussing are no different than the streets shown on
the Mobility Plan amendments, spurred in part by the TIA done by your development."
15. Comments received by mail from: Perry N. Trietsch: "If you take my land for a 6 lane
highway with a buffer zone I will not be able to use my tann. It wi leave me with a narrow
strip of land on each side of the 6-lane highway. This would be making a freeway through
the middle of the farm. TIis wiD destroy my property. My farm is on the north end of the N.S.
Connection to Milam Road. Please reconsider this route." Response: As discussed in the
meeting, the intent of the lines drawn on the Mobiliy Plan is to provide a schematic for the
road network in developing areas to ensure that the proper capacity roadway is provided.
The intent is not to dictate the exad location of the roadway, and no houses were
intentionally targeted by the proposed amendments. It was explained that the lines were
schematic in nature only and that the roadways north of numbered amendment 17 (4-lane
east-west connector south of Milam Road) would likely only be constructed if and when
those affected properties sell and develop. If Mr. Trielsch retains his property and does not
sell it to someone that intends to develop itl the fanning operation should not be disturbed.
Comments expressed during the meeting in response to the presentation on the various I1eYI roads and
realignments along with responses provided are as follows:
C:\DOCUME-1 Ygpayne\L0CALS-1\Temp'M-Locldey5..doc
Page 3 of 4
1. 'What alternatives were considered? What is the cost of the CUNes shown in the roadway?
\Nhy not have a straight line? What is the City doing in County jurisdiction? There has just
been confiscation of property, why are you doing it again?" Response: It was explained
that the City had originally looked at alematives that induded placing numbered alternative 4
much further to the west, but that the developer lobbied for the alternative shown. Again,
the City's attempt to use existing ROW to the exlent possible was explained, as well as the
City's platting jurisdiction in its ET J. I have no comment relative to "confiscation of property."
The ROW negotiation process was explained, . and i was stated that property values are
negotiated, not dictated.
2. "Bonnie Brae should not go past Ganzer Road. The new intersection of Ganzer is an area of
concern as it is impacting houses and properties from Ganzer up." Response: This was
really more of a statement than a question. General disaJssions were held on concerns of
the proximity of this roadway to residences.
3. "Straighten the proposed roadway to develop away from Baker property.- Response: This
was a statement rather than a question, and the speaker's input was noted for use in Mobility
Committee meeting.
4. "Why are you taking property from rightful owners?" Response: I don't recall exactly how I
responded to ttis question in the meeting. However, the City of Denton is not taking any
property for any of these roadways. Almost all of the roadway changes shown are on
property owned by two major developers, and these entities requested almost aU of the
alignments shown. The roads are being shown so that when and if the property develops, a
minimum schematic of roadways of appropriate capacities are provided to ensure the
traveling public can move around.
5. 'Road is going through private property; don' make a curve) in the roadway - go through the
field to not impact private property owners, and keep roadways away from homes with
children. - Response: These comments were addressed above (from one of the comment
cards).
6. When wiD sewer and water be in areaT Response: These conments were addressed
above (from one of the comment cards).
7. "Chinn Road - will the plan take privateJramily residences? Straighten road or curve beyond
residences; move to west of proposed alignment." Response: These questions/comments
were addressed above (from one of the comment cards).
8. "Developer-driven to entice developers? Is this to get the Mayor what she wants - $250K
housesT Response: These questions/comments were addressed above (from one of the
comment cards).
9. W1at is the fonan to effect change if I am a county resident (not a city resident)T
Response: It was explained that the next meeting to discuss the proposed changes and
feedback would be the MobIlity Committee meeting on Apnl 21, 2006, followed by public
hearings at P&Z and City Council.
10. ~ to look at properties on the ground before .making decisions based on maps.-
Response: Inasmuch as this was a statement of opinion rather than a question, no
response was provided at the meeting beyond the reasons for the proposed amendment
already discussed.
11. -change Ganzer Road instead.. Response: Inasmuch as this was a statement of opinion
rather than a question, no response was provided at the meeting beyond the reasons for the
proposed amendment already discussed.
12. "Move curve towards IH35." Response: Inasmuch as this comment is a statement of
opinion ralherthan a question, no response is needed.
13. "Do concerns raised really matter? What is the value. of input into the final decision?"
Response: These questionsfcomments were addressed above (from one of the cornmert
cards).
I trust that this memorandum answers all questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional infonnation.
C:\DOCUME-1 \fgpayneU.0CALS-1\Temp\M..Locldey5.doc
Page 4 of4
Memorandum
1b; Kelly carpenter, Director of Planning J D
From: Frank G. Payne, P..E.r Cfly Engineer ~~tV7
DabB June16,2006
lis Proposed Mobility Plan Amendments - Res to Comments Received in Conjunction With
May 31, 2006 pubnc Meeting
As you are aware, there was a public meeting held on May 31 II 2006 to present proposed
amendments to the Mobility Plan to the public.. The affected areas of the Mobility Plan that. were
discussed at this meeting were related primarily to the area bounded by IH35 on the west and
F.M. 2164 on the east and by Milam Road on the north and Loop 288 on the south. The sources
of comments, the comments received and the responses to each are as follows (comments noted
as being received during the meeting mayor may not include comments added by the Planner
taking notesl Ron Menguita):
1.. Comment card received from: Carolyn Schertz Manard, 4748 N. Bonnie Brae, Denton TX
76207: -At the last meeting (4120106) I filled out my name and address and phone number on
the three different registers because I was not notified of the Apnl 20th meeting. The Mobility
Plan cuts my property in half - is that why I wasn't notified of this meeting? The 2/10 of a roDe
from my driveway to mine and Meaneys comer and the 2/10 of a mne from my comer to my
brothers comer have been in my family for 100 plus years. That property is not for safe and is
not considered for development If the proposed development needs additional roads. why not
put the road through the development? We already pay taxes on the road in front of out
property and have foryears..- Response:
a. Ron Menguita discussed the mail.out for the notification and stated that he was not
sure why various individuals received notification and others did not It had nothing to
do with the possible effeds on Ms~ Schertz's property.
b.. General discussion of why the roadways were configured as shown was covered at
length in the meeting.. Almost all of the roadways shown on the Mobility Plan
Amendments map are on property owned by two developers, so some amount of
deference was provided to the developers wishes in laying out the roadways.
2.. Comment card received from: Jeanie and Doug MMdams, 6377 MOan Ridge Road, Sanger
TX 76266: MaRing address is 4200 N-135 Et Denton TX 76207: -00 you know how soon the
area will be annexed into the City limits? \JVhere is nevi lift station, sewer lines or where would
they probably beT Response: There is no projeaed tirneframe for when or if this area win
annexed.. Ublities will be driven by the development of the area. and at this time there is no
way of kn(Mring where they would be located..
3. Convnert carel received from: Marie Landers, 6668 Ganzer Road East, Denton TX 76207:
Illis is MobtTrty Plans, why can' they use the land in front of my house, instead of my house?
WU we be contaded, when and where all these meeting take place? When do you think this
all Will take pface? V\Ihat about utilitiesT Response: There was general discussion again
about the intent of the lines shown on the Mobinty Plan (schematic in nature. not engineered)
and that intent was not to take anyone's houseJhome. Timing and utilities were discussed in
conjundion with the previous comment card.
4.. Comment card received from: Bent Carter, 2043 Chinn Road, Denton TX 76207: Wly not
move Bonnie Brae over 50 to 100 feet and make the new road straight in front of Carters and
lander's propertyr Response: This question was answered above in conjunction with a
previous comment carel.. A letter from the developer of the property west of this location
H:\Roadway flI"qects'Mobility PIan\M-Carpenter1.doc
Page 1 of 4
(Galatyn Park Corporation), which stated that no ROW would be taken off adjoining property
D\NIlefS for ttis roadway. was read aloud. 11le representative for Galalyn. Mr. Roy Wilshire
with Kimley-Hom and Associates, was present and decJined to address comments or answer
questions..
5. Comment card received from: Denise Eberhardt, 6829 Ganzer Road East, Denton TX 76207:
-At the intersedion of Bonnie BraelGanzer - is it going to be a 4-way stop or will there be a
traffic light? Could Ganzer be dropped south and intersed Bonnie Brae to the west a little, so
Bonnie Brae coutI be flipped to use the west side of the NorthISouIh road? Carter. Landers,
and Baker do not have tum-around driveways - how do you expect. them to get out of their
homesT Response: It was stated that the intersection in question would be a IogicaIlocaIion
for a signal1 and Bud Vokoun provided an overview of the signal warrant process.. The
alignmert discussion of the various roads had already been answered in conjunction with
previous comment cards~
6.. ConmenI card received from: Dartene Redor. 4711 North Bonnie Brae. Denton 1X 76207:
"How much money is the City getting from the development to develop land? VVhat about the
safety of bic1de. people walkiJQ. rklng horse. school chikhn, etc. that comes on Bonnie Brae
at a daily basis? How is it going to affed Northlake Park who get paid to run races, their route
go on North Bonnie Brae? VVhat about the people who are caught in the middle of North
Bonnie Brae if two roads cross - will they put stop signs or lights for us to cross? Why take
fannland. whyT Response: The City of Denton is not gelling any money from any
developers to develop land~ Safety issues were discussed at length. Inasmuch as this area is
dose to a growing urban area. this land win evertuaIly develop~ especialy since the
neighborhood most affected is surrounded by property owned by two development groups
adiveIy looking at options. I have no knowledge or comnent relative to Northlakes Park or
activities conducted at that facility ~ As discussed, the city is not "laid ng" any property but is
sirnPY setting forth guidelnes for connedivily forwhenflf that property does develop.
7. Comment card received from: Shawn Carter. 6572 Ganzer Road, Denton TX 76207: Wly is
wrve still ooming toward my house? V\Iho is paying for mad and bridges that Will be going to
Milam Road?- Response: The alignment discussion of the various roads had already been
amvwered in conjUf'ldion with previous conment cards. The roadsIbridges or whatever ~ is
required to extend the indicated roads north to Milam will be designed and built as a part of
development if the affed:ed properties sell and develop or i the area is annexed and a bond
package induding these roads is adopted.
8. Conmenl card received from: GoIdon Smith. 6996 Ganzer Road" Denton TX 76207: -why the
need for the additional 6 lane North/South Road, instead of improving FM 2164?" Response:
F.M. 2164 is a TxOOT roadway. an:t staff is not aware of any TxDOT plans for inpuvemenI: of
this roadway ~ The sizes of the roads are thought to be necessary to carry the volume of traffic
expected with pmjeded deveIopnerf and gl'D'1Nlh.
9. Comment card received from: Ruby Finch, 4n4 N. Bonnie Brael Denton TX 76207: We
have 7 cIikIren under 7 years of age on the 4700 block of Bonnie Brae. We don' need a
freeway at their front door~ This land has been in out family over 100 years and we don' plan
to develop it How \'IiI this road effed taxesT Response: Inasmuch as the first portion of ttis
comment earn are statements rather than questions. no response is needed here~ I have no
knowledge how this will affed: taxes in this area, particularty in the absence of annexatkn
1 O~ Comment card received from: G.E~ Jung Johan, 2051 Milam Road E, Sanger TX 76266:
WI)' not move the north end of Bonnie Brae extension along the property Bne. than center
down the center of or east edge of our and our neighbors property? Makes more sense to
have us share the burden ratherthan split off a useless ~atr of property along the east side of
his and ours~. Response: General discussion of why the roadways were configured as
sho\WI was covered at length in the meeting.
11.. Comment card received from: Kristen Carter~ 2043 Chinn Road. Denton TX 76207: Wly
could there be a -side- road for Ganzer residents Ike they did on UnivelSily and BeD? \Nhen
the road (University) was made to 6-lanes, a new "side- road was put in for the residents
wrrenUy living on the north side of University.. So it would lke thS (a diagram was drawn on
the comment card)." Response: General discussion of why the roadways were configured as
sho\WI was covered at length in the meeting.. I am not fami6ar with the ciramstances of how
the residences, ROW and access were negotiated by TxDOT on the U~S~ Hwy~ 380 project
H:Roadway PrqecIs'Mobily PIan'M-CarpenIe.doc
Page 2 of 4
12. Comment card received from: Billy Kellum: No comment was pmvided~ Response: Mr~
KeDl.I1l spoke at the meeting and asked that the roadway be signed aaoss his property rather
than across his neighbors to the north (Schertz property). It was agreed that staff would meet
separately with Mr.. Kelhm to look at a1t~
Comments expressed during the meeting in response to the presentation on the realignment along with
responses provided are as foIows (some of the corrmenIs tabulated were received during the period
that comment cards were being addressed and some of the questions/comments are duplication of the
corrment card notations):
1. Wly not align the "Souther1y East-West RoadwaY' south of existing Bonnie Brae?"
Response: The intent of this alignment is to provide connectivly from Ganzer Road on the
northwest (position fixed because of new bridge construction) and the extension of Long Road
on the southeast..
2~ Shawn Carter: Wly is the alignment still dose to my house?" Response: This question was
answered above (from one of the COITUl1enl cards).
3. "\^Jhy can' the IIFour Lane Extension (Old Bonnie Brae)" move west toward 1-35 N?-
Response: This question was answered above (fi'om one of the corrment cards)..
4. "\^Jhat safety provisions win be provided for bicycJists and pedestrians coming from Northlake
ParkT Response: This question was aJ&VeCed above (from one of the COIli.m cards)..
5~ "Will there be a stop sign or traffic light located on Bonnie Brae and Ganzer? Realign
proposed Ganzer Road alignmel1 more south. Property owners along existing Ganzer don'
have turn-around driveways to exit their property~. Response: This question was answered
above (from one of the oomment canE)..
6. KMove the C*Four Lane Extension (Old Bonnie Brae)" away from existing property frontage~~
Response: This was a statement rather than a question. General disalSSion of why the
roadways were configured as shown was covered at length in the meeting~
7.. .". there be two lanes developed filSt or wi. the 4 and 6-lane arteria~ be developed from the
beginning?' Response: It was explained that the number of lanes brought forward with
development is usuaDy determined by how the road sprds property'Dnes and who develops
first. Since most of these roads would be developed on property owned by one or the other
developers involved. the number of lanes buil coukl be phased to matd1 the phasing of the
development itself.
8.. VJiII there be sidewalks associated with these streets, Response: Yes.
9~ MHas anyone looked at the floodwaYt drainage impact?a Response - NOt not in any detail. It
is too early in the process to look at these issues from any more than an overal general
perspective.
10.. -vviII FM 2164 be widened? With vehicles coming from these 4 and 6-Iane arterials on to FM
2164, win it be impaded?" Response: This question was answered at least in part above
(from one of the comment cards). Greater voIlDleS of traffic inpacting the roadway may
influence TxDOT to look at the existi ng capacity of F ~M ~ 2164~
11. W1at is the tinefra'ne of the -rbtherIy East-West Connection- profX)5alf RespoIlSe: This
question was answered above (from one of the comment cards).
12.. Wlat is the noIificaIion pmcedurer Response: Ron Menguita discussed the maikH.d
procedures and extents for notification.
13.. WIen wiD properties be annexed into the City?' Response: This question was answered
above (from one of the comment cards).
14. -..tas there been any disaJssion with the devefopeIT Response: There have been many
discussions with the developers. It was stated that the City understood that Mr~ Dillard with
GaIatyn Park Corporation had distributed copies of the Kinley Hom drawing of the various
alignments (basically the same as the Mobility Plan Amendments exhibit, this drawing was
displayed at the meeting). Most of the attendees stated that they had not previously seen the
drawing.
15. ...-nbers of the Planning and Zoring Cormlission and City Coundl should visit the sites of
the proposed alignments.. Response: This was a statement of opinion rather than a question;
therefore. no response is needed..
16. "Has the City spoken to the developers regarding the concerns of the property owners?"
Response: Yes..
H:\Roadway Projects\MobirJty Plan\M-Carpenter1.doc
Page3of4
17. 'Win there public transit be provided in this area?1I Response: It was stated that it would seem
IkeIy to have public transl in this area if and when the area is annexed.
18. \lVhen will the developer-s properties be annexed into the City?" Response: This question
was answered above (from one of the corrment cards)..
19~ \lVhat is the timeframe for water and sewer service in this area?" Response: This question
was answered above (from one of the comment cards)..
20~ "Are there plans for gas wells in this area?" Response: r have no idea of the potential
deveIopnent of gas wells in this area.. I provided the person that asked the question with a
contact name at the City (Quentin Hix) that might be able to supply infonnation on gas well
activily .
21. "\IVho are the decision makers and what is their contact infonnation?" Response: The
location of contact information for P&Z and Council on the City website
(VNIW.citvofdenton.coml was provided at the meeting.
22.. -Are there plans for sound wal~ Response: None that I am aware of at this time.. Normaly
this is seen on TxDOT projects rather than on City streets or County roadways~
23. ~y are the developers not here to speak to usT Response: This question was answered
above in conjunction with a previous comment caret The representative for Galatyn. Mr. Roy
WJshire with KinIey-Hom and Associates. was present and dec6ned to address comrnerds or
answer questions.
24. I1le proposed alignment of the -.=our Lane Exlension (Old Bonrie Brae)B is a safety issue.
Wth the proposed alignment there is a high probability that vehides wUllose control and end
up in my front yard.. Response: General disalSSion of why the roadways were configured as
shown was covered at length in the meeting.
I trust that ttis rnernorancbn 81lS\WKS aD questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional infonnation.
1-t'RoadtNay Prqeds'Mlbity PIan\M-Carpenler1 ~
Page 4 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
MINUTES
of the
City Council Mobility Committee Meeting
Friday, January 20, 2006
After determining that a quorum of the Committee on the Mobility of the Denton City Council
was present, The Chair of the Mobility Committee convened into an Opening Meeting on Friday
January 20, 2006 at 1 :08 p.m. in the Civic Center Community Conference Room, 321 E.
McKinney Street, Denton, Texas.
Present:
Mayor Euline Brock, Mayor Pro- Tem Perry McNeill, Councilmember and Chair
Pete Kamp, and Councilmember Bob Montgomery
Ex Officio Members: Howard Martin, City Manager, Mark Nelson, Chief Transportation Officer
Also Present: Jon Fortune, Jim Coulter, Frank Payne, Ed Snyder, Linda Ratliff, Keith Gabbard,
Ed Witkowski, Michelle McCallum, Dean Bray, John Polster and Charlye
Heggins
Chair Pete Kamp called the meeting to order at 1:08 p.m.
1) Consider approval of the Mobility Committee Meeting minutes of:
a. December 16, 2005
The minutes were approved as circulated.
2) Receive a report, hold a discussion and provide staff direction concerning the replacement of
two existing bridges on Bonnie Brae Road at Dry Fork Creek and Hickory Creek,
respectively.
Frank Payne gave a history of the bridges and reviewed options concerning replacing the
bridges, which are structurally deficient and pose a public safety concern.
Committee member Montgomery asked what impact closing the bridges would have on the new
Fire Station.
Jon Fortune stated that safety equipment could not cross the bridges now due to the weight of the
vehicles.
Mayor Brock asked if any discussion had been held with the County to help with the cost.
Staff indicated no.
After some discussion, the Committee directed staff to negotiate with the County to help
with the cost of replacing the bridges, and to get a traffic count for Bonnie Brae.
1 Minutes of the Mobility Committee
2 January 20, 2006
3 Page 2 of3
4
5 3) Receive a report, hold a discussion and provide direction on the Dr. Martin Luther King, Jr.,
6 Street rename.
7
8 Mark Nelson reviewed material presented to the Committee in their agenda packet with a brief
9 overview of two options outlined by staff.
10
11 Nelson explained that these options fall under the jurisdiction of the Texas Department of
12 Transportation (TxDOT) and would require the City Council to pass a resolution approving the
13 proposed designation. Once the resolution is approved, the City must submit a formal request
14 through the TxDOT regional office in Dallas, which will then forward this request to Austin for
15 review and approval. If approved, the City would be responsible for the purchase, installation
16 and maintenance of the signs and markers.
17
18 Another avenue would be through the Texas Legislature, which would require a state legislator
19 to bring the request before the legislature. If approved, TxDOT would be responsible for the
20 acquisition, installation and maintenance of the memorial highway markers. Nelson indicated
21 the timeline on this option would take much longer since it would require the Texas Legislature
22 to be in session.
23
24 Nelson also noted that the designation of a memorial highway would not impact residential or
25 commercial postal addresses along the proposed route.
26
27 Nelson revisited a name change for Morse Street noting that approximately 45 homes would be
28 affected if the route included residential only. A name change for the entire length of Morse
29 Street to Mayhill Road would impact a total of 56 residential and commercial units.
30
31 McNeill asked that if IH - 35 were renamed, what would happen to the Stemmons Freeway
32 designation and would businesses be required to change addresses. That aside, he stated that he
33 leaned toward Loop 288 because there would be regional and visitor traffic along that route
34 thereby giving it prestige. Nelson indicated that he was aware that the Stemmons name was used
35 in Corinth, but understood the name was not utilized in Denton. Nelson responded to Committee
36 Members that staff would research the extent of the Stemmons Freeway designation.
37
38 Committee Members expressed concern about the financial impact to residents and businesses
39 should Morse Street be renamed.
40
41 Chair Kamp asked Charlye Heggins, as a citizen, about her thoughts on street choice.
42
43 Heggins responded that she felt great about Loop 288 and of the two choices, favored Loop 288
44 especially if it connected to IH-35.
45
46 A general discussion between the Committee Members favored memorializing Loop 288 and
47 directed staff to bring this item to City Council to begin the process to memorialize Loop 288 as
48 the Dr. Martin Luther King, Jr., Memorial Loop.
49
1 Minutes of the Mobility Committee
2 January 20, 2006
3 Page 3 of3
4
5 4) Receive a report, hold a discussion and provide staff direction concerning the proposed
6 changes to the Denton Mobility Plan, including the addition of an alignment for the toll road
7 north of Loop 288.
8
9 Frank Payne presented this item and requested the Committee pull proposed changes 6, 13 and
10 18 indicating that staff would like to analyze options for these roadway alignments due to
11 discussions held with landowners and developers in areas adjacent to the proposed changes.
12
13 The Committee approved changes to the Mobility Plan and directed staff to proceed with
14 Option A for the toll road alignment north of Loop 288.
15
16 5) ACM Report:
17 a) Memo on the North Central Texas Council of Government's
18 Transportation related Call for Projects.
19
20 Mark Nelson stated that hard copies had been delivered to NCTCOG
21 and that the deadlines for submission had been met.
22
23 Nelson also stated that staff is working on a project submittals for the
24 Surface Transportation Enhancement Program Call for Projects due on
25 February 17, 2006 and staff is working on projects to be submitted as
26 part of the NCTCOG's Local Air Quality Program Call for Projects
27 due on March 3, 2006.
28
29 b) River of Trade Corridor Coalition
30
31 Chair Kamp reviewed the Committee's position last year not to pursue
32 membership but to monitor its activities. This year the Chair would
33 like to pursue membership.
34
35 Staff was directed to provide information at the next Mobility
36 Committee meeting regarding existing memberships in like
37 organizations.
38
39 6) New Business: This provides an item for the Mobility Committee to suggest items for future
40 agendas or to request information from the Assistant City Manager.
41
42 Chair Kamp requested items to discuss the Aviation Component of RTC and the Regional
43 Transit Initiative.
44
45 The meeting adjourned at 2:08 p.m.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
MINUTES
City Council Mobility Committee
Friday, April 21, 2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair convened into an Open Meeting on Friday, April 21, 2006 at 12:36 p.m. in the
Civic Center Community Conference Room, 321 E. McKinney Street, Denton, Texas.
Present:
Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, Chair and Council
Member Pete Kamp and Council Member Bob Montgomery.
Ex Officio Members:
Howard Martin, Interim City Manager
Jim Coulter, Director of Water/Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer; Ed Witkowski, Senior Engineer; Paul Williamson,
Right-of- Way; Bud V okoun, Traffic Engineer; John Polster, ITS; and Ann
Forsythe, Secretary
1) Consider approval of the Mobility Committee meeting minutes of:
a. March 17, 2006
The minutes were approved as circulated.
2) Receive a report, hold a discussion and provide staff direction on public comments received
on the proposed Mobility Plan Amendments and any desired changes to the Mobility Plan
going forward.
Frank Payne, City Engineer, provided information from 4 public meetings held to solicit
comments and feedback from citizens. Written notes from the April 13th and April 20th meetings
will be provided to the Committee at its May 19th meeting.
The March 9th meeting was held to discuss the realignment of Bonnie Brae at Hwy. 77, the
disconnect of Nicosia from the main lanes of Loop 288,the realignment of Windsor east of Loop
288 and the realignment of Audra to connect to Prominence Parkway at Loop 288. Payne stated
that comments from citizens were favorable.
The Committee recommended moving forward with this amendment.
The March 23rd meeting was held to discuss the realignment of Hickory Creed Road at FM 1830,
and the construction of a new north-south connection between Ryan Road and Creekdale to
replace Montecito. Citizen concerns were centered on the taking of property and homes. An
additional concern was the fear that the replacement road for Montecito would increase traffic
and encourage speeding in residential neighborhoods. Those concerns were allayed or resolved
during one-on-one discussions with citizens following the meeting.
The Committee recommended moving forward with this amendment.
1 Minutes - Mobility Committee Meeting
2 April 21, 2006
3 Page 2 of3
4
5 The April 13th meeting involved Mayhill Road north from Colorado to a 4-way at Spencer Road
6 and then a tie-in back to the original ROW at Morse Street. Citizens in attendance opposed the
7 amendment.
8
9 This item was tabled when the Board decided it would like to tour this area prior to its
10 May 19th meeting.
11
12 The April 28th meeting discussion was primarily about Bonnie Brae at Ganzer. There was a
13 large turnout for this meeting and most opposed the amendment. Most expressed concern for
14 impact on the perimeter of the neighborhood and houses that could be taken. The additional
15 modification to the Mobility Plan centered on the addition of frontage roads to certain sections of
16 Loop 288.
17
18 Staff was directed to bring possible alternatives concerning the Bonnie Brae/Ganzer are
19 forward at the May 19th meeting. The Committee recommended moving forward with the
20 frontage roads along Loop 288.
21
22 3) Receive a report, hold a discussion and provide staff direction concerning the replacement of
23 two existing bridges on Bonnie Brae Road at Dry Fork Creek and Hickory, respectively,
24 based on updated information requested in the January 2006 meeting.
25
26 Ed Witkowski, Senior Engineer, provided an update on the proposal to reconstruct these two
27 bridges. During the January 20th meeting, staff was directed to get a traffic count and bring the
28 results back to the Committee for further discussion. The count recorded traffic at less than 5%
29 of the volumes allowed for the lowest level of service on 2-lane undivided (2-way) urban street
30 or rural highway.
31
32 Of concern by the Committee was the danger to motorist if that area should flood. Jim Coulter
33 stated that the City would install arms at the crossings to deter motorists from crossing the
34 bridges. Amending the ordinance to increase fines for motorist who ignored the arms was also
35 discussed.
36
37 The Board directed staff to proceed with the construction of the bridges as designed by
38 TxDOT.
39
40 4) Receive a report, hold a discussion and provide staff direction regarding amendments to the
41 Interlocal Agreement between the City of Denton and Denton County Transportation
42 Authority regarding capital asset transfer.
43
44 Mark Nelson, Chief Transportation Officer, reviewed the purchase of the LINK System by the
45 Denton County Transportation Authority (DCTA). Nelson stated that the Federal Transportation
46 Administration (FTA) has provided a conditional approval of the proposed asset transfer. The
47 approval was conditional on an unanticipated review and approval by the Department of Labor.
48 Nelson reported that the processes to amend the agreement between DCTA and the City of
49 Denton and extend the amount of time for FTA's final approval of the Asset Transfer Agreement
50
51
1 Minutes - Mobility Committee Meeting
2 April 21, 2006
3 Page 3 of3
4
5 would be more expeditious than to negotiate a long-term lease with DCTA for the capital assets
6 as contemplated in the original agreement.
7
8 Board Member Perry McNeill made a motion to approve with a second from Board
9 Member Bob Montgomery. The motion was approved by a vote of 4-0.
10
11 5) ICM Report:
12 a. Update on RTC Call for Projects - Regional Refuse Haulers
13
14 Howard Martin, Interim City Manager, cautioned the Board that while staffwas
15 proceeding with the application process for this program, there are inherent problems.
16 COG should consider emissions, engines for 2007 models and associated problems and
17 pitfalls.
18
19 b. Update on DCTA.
20
21 Nelson stated that a DCTA update would be made during the monthly meetings.
22
23 c. Update on 1-35 Litter Control
24
25 Nelson stated that KDB is looking at opportunities for funding to provide additional
26 control on 1-35. A supplemental package will be submitted during the budget process
27 this year.
28
29 d. Update on RTC Tolling Policy
30
31 John Polster, ITS, provided a handout of business terms for State Highway 121 in Collin
32 and Denton County; the Texas Metropolitan Mobility Plan for excess toll revenue
33 sharing; RTC's request of the NTTA and the RTC's position regarding local government
34 and transportation provider input.
35
36 e. Service Center Impound Lot
37
38 6) Deliberations regarding real property - Under Texas Government Code S551.072.
39
40 Receive a report, hold a discussion and provide staff direction regarding land acquisition
41 at various locations in the City of Denton, including the Downtown Core and South
42 Denton, for proposed transit stations and planning criteria for the stations.
43
44 The Committee reserves the right to convene into executive session for
45 deliberations regarding real property - Under TEXAS GOVERNMENT
46 CODE Section 551.072
47
48 The meeting adjourned by consensus at 2:45 p.m.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
MINUTES
City Council Mobility Committee
Friday, May 19,2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair convened into an Open Meeting on Friday, May 19,2006 at 11:05 a.m. in the
Civic Center Community Conference room, 321 E. McKinney Street, Denton, Texas.
Present:
Mayor Euline Brock, Chair Pete Kamp and Bob Montgomery
Absent:
Mayor Pro- Tem Perry McNeill, excused
Ex Officio Members:
Jim Coulter, Director of Water Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer; Ed Witkowski, Senior Engineer; Paul Williamson,
Right-of- Way; Bud V okoun Traffic Engineer; Ron Menguita, Planner III; Ann
Forsythe, Secretary
1) Tour of Mayhill Road north from Colorado to a 4-way stop at Spencer Road. Departing at
11 :05 a.m. - Returning to Civic Center Community Conference Room at 12:30 p.m.
Frank Payne provided an aerial of the area to be toured and discussed options for routing traffic.
The Committee departed at 11: 15 a.m., completed its tour and returned to the Civic Center
Community Conference room to continue its meeting at 12:30 p.m.
2) Consider approval of the Mobility Committee meeting minutes of:
a. April 21, 2006
The minutes were approved as circulated with the Chair asking that future minutes include
new business action items.
3) Receive a report, hold a discussion and provide staff direction on proposed Mobility Plan
amendments and any desired changes to the Mobility Plan going forward.
Frank Payne revisited the concerns expressed by the residents who would be affected by the
realignment of Mayhill Road and the area bounded by Milam Road and Loop 288 on the north
and south and IH-35 and FM 2164 on the west and east and asked the Committee for its
recommendation.
The Committee accepted staff s recommendation that the Mayhill realignment be limited to the
distance between the intersection with Colorado Boulevard and Spencer Road.
The Committee also accepted staff s recommendation for the area bounded by Milam Road and
Loop 288 on the north and south and IH-35 and FM 2164 on the west and east and directed staff
to schedule one more public meeting, develop a tentative schedule for P&Z and Council
approval
1
2 Minutes - Mobility Committee Meeting
3 May 19,2006
4 Page 2 of3
5
6 and to also bring this item back one more time to the Mobility Committee for its
7 recommendation.
8
9 4) Receive a status update on the active transportation projects associated with the Five- Year
10 Capital Improvement Plan.
11
12 Frank Payne provided this update noting that this information was presented earlier to the
13 Citizens CIP Oversight Committee and was being provided to the Mobility Committee as an
14 informational item only.
15
16 Shady Oaks at Brinker Road
17 Both of these projects are being treated as a single design project at this time. Funding was
18 provided for the design of these projects in this fiscal year. A proposal for the design of this
19 roadway has been received from Freese and Nichols, Inc., and is currently planned for
20 presentation to the City Council for approval in June 2006. Because the construction phase of
21 this project will probably not start until early to mid 2007, staff recommended that the scheduled
22 bond sales be rescheduled to FY 2006-07.
23
24 Hobson Lane Improvement at F.M. 1803 and u.s. Hwv 377
25 This project was funded for design initiation and construction in this fiscal year. The funding
26 issues of the project to expand the railroad bridge on Hwy. 377 were discussed. Conversations
27 with TxDOT's area engineer indicate that TxDOT might pay for the entire project (the widening
28 ofHwy. 377, the bridge improvements and the intersection improvements) if the City will pay
29 for an environmental study for the entire project at a projected cost of approximately $800,000.
30
31 Western Boulevard
32 The right-of-way for a portion of this project has been dedicated, and the roadway is currently
33 under design by Teague Nail and Perkins. Staff has been meeting with representatives for the
34 landowner and potential developers on the section between Jim Christal Road and FM 1515
35 where the right-of-way has not yet been finalized to determine an alignment through this portion
36 of the project. Inasmuch as the construction on this project will likely not be initiated until early
37 to mid-2007, staff recommended that the scheduled bond sales be rescheduled for FY 2006-07.
38
39 5) Receive a report, hold a discussion and make a recommendation regarding the use of CIP
40 funds currently designated for Downtown Improvements as local matching funds for a
41 Sustainable Development Grant.
42
43 Mark Nelson provided a brief history of this project, which received a $2 million grant to be
44 used to encourage redevelopment in Downtown. The project, a partnership with the City of
45 Denton, Wells Fargo and the Trammell Crow Company would provide multi-family units and a
46 parking garage. The proposed site boundaries are Hickory and Mulberry streets on the north and
47 south and Walnut and Industrial Streets on the east and west. The funds would become available
48 in October 2006 and requires a 20% match of $400,000. This item was presented to the CIP
49 Oversight Committee on May 11, 2006 and the Committee supported using CIP funds as the
50 city's share of the project.
1 Minutes - Mobility Committee Meeting
2 May 16, 2006
3 Page 3 of3
4
5
6 6) Receive a status report and hold a discussion on proposed professional services agreements
7 to provide consulting and engineering services to assist in the acquisition of land for transit
8 facilities.
9
10 Mark Nelson provided an update stating that staff had met with DCTA to discuss planning
11 criteria for the development of transit stations along the commuter rail corridor. As a result of
12 that meeting, staff is finalizing a preliminary site survey on approximately seven sites, six for the
13 south location and the downtown site. Staff demonstrated three primary sites that will be
14 recommended to DCTA. The sites are generally located near Mayhill and Colorado, Brinker and
15 Colorado and Pockrus Page Road and the MKT rail line. The preliminary survey will also be
16 provided to consultants to refine project scope and assist in the technical review.
17
18 Staff is currently negotiating with two firms to provide two separate and distinct services; (1) site
19 analysis for approximately six park and ride station locations; and, (2) for land acquisition
20 serVIces.
21
22 Funds are not currently available for these services. However, the 2005-2009 CIP Bond Package
23 did include $1.4 million in CO bonds in FY 2006 for transit facilities. The CO Bonds have not
24 been sold and it will be necessary to approve an ordinance to reimburse expenditures from the
25 unreserved fund balance of the general fund with CO bonds to legally identify funding needed to
26 initiate the land acquisition process. Staff has placed a reimbursement resolution on the May 16,
27 2006 Council agenda.
28
29 7) ICM Report:
30 a. Update on NCTCOG's Clean Fleet Call for Projects
31 b. Update on Transportation Related Conferences
32 Chair Kamp stated she would not be attending the NASCO Conference this year.
33 c. Update on DCT A
34
35 8) New Business
36
37 There was no new business.
38
39 The meeting adjourned at 1 :45 p.m.
40
1 DRAFT MINUTES
2 City Council Mobility Committee
3 Friday, July 21,2006
4
5 After determining that a quorum of the Mobility Committee of the Denton City Council was
6 present, the Chair of the Committee on the Mobility convened an Open Meeting on Friday, July
7 21,2006 at 12:35 p.m. in the Civic Center Community Conference Room, 321 E. McKinney
8 Street, Denton, Texas:
9
10 Present: Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
11
12 Ex Officio Member
13 Present: Jim Coulter, Director of Water Wastewater Utilities
14 Mark Nelson, Chief Transportation Officer
15
16 Also Present: Frank Payne, City Engineer; Bud V okoun, Traffic Engineer; Paul Williamson,
17 Right-of-Way; Scott Neeley, DCTA; John Polster, ITS; and Ann Forsythe,
18 Secretary
19
20 1) Consider approval of the Mobility Committee meeting minutes of:
21 a. May 19,2006
22
23 The minutes were approved as circulated.
24
25 b. July 10, 2006
26
27 The minutes were approved as amended by Mayor McNeill to include Committee
28 Members and staff present at the meeting.
29
30 2) Receive a report, hold a discussion and provide staff direction on proposed Mobility Plan
31 amendments and any desired changes to the Mobility Plan going forward.
32
33 Frank Payne, City Engineer, presented proposed changes to the Mobility Plan for the area bound
34 on the north and south by Milam Road and Loop 288 and on the east and west by FM 2164 and
35 IH-35. Payne reviewed the discussion from the Mobility meeting of April 21 st when a decision
36 concerning this area was tabled so that the developer could look at additional options primarily
37 involving the north-south secondary arterial following the old Bonnie Brae and Ganzer road
38 alignments between Loop 288 and Milam Road.
39
40 The revised map has been brought back to Mobility following two public meetings with the
41 affected neighborhood and a resubmission of proposed changes by the developer. At the May
42 31 st public meeting, Billy H. Kellum, a property owner, requested a modified alignment of the
43 southerly east-west roadway (No.1 0 on Exhibit 1) to locate the roadway on his property rather
44 than across his neighbor's property. Mr. Kellum, in a letter signed by the joint owners of this
45 property, offered to build their portion of the roadway and to also dedicate all necessary right-of-
46 way (ROW) for the entire road width.
47
48
1 Draft Minutes from the Mobility Committee
2 July 21,2006
3 Page 2 of7
4
5 Revising this alignment would tend to push Proposed Change No.9 on Exhibit 1 (US 77/01d
6 Bonnie Brae connector) to the north and west. Staff realized that this revised realignment would
7 introduce an excessive amount of curvature in the road and instead proposed to move the north-
8 south secondary arterial (Proposed Change No.4 on Exhibit 1) to line up with the more westerly
9 ROW of Ganzer Road. This revised alignment still makes use of existing county road ROW.
10
11 Staff also proposed two additional changes to the Mobility Plan. Those changes would be a
12 Mills Extension on the west, which would add a collector in this location and would facilitate
13 connectivity and mobility between Loop 288 and Mayhill Road. The second change would be to
14 extend Karina to Mayhill Road. This change would ensure connectivity back to Mayhill Road as
15 was originally intended.
16
17 Mayor McNeill asked what is next in the process. Payne replied the Mobility Plan is now ready
18 to go the P&Z, then to the City Council for a work session and then public hearing prior to
19 approval.
20
21 Mayor McNeill requested that should any new information come forward that it should be
22 remanded to P&Z. Payne stated we would certainly do that.
23
24 Board Member Bob Montgomery asked if this realignment (Proposed Change No.4 on Exhibit
25 4) comes pretty close to ending objections voiced during the May 31 public meeting. Payne
26 replied that it does.
27
28 Mayor McNeill invited Don Dillard to speak to the Committee.
29
30 Montgomery asked for clarification of the difference in what is proposed and what Dillard
31 wanted. Payne and Dillard both explained the differences in the two plans. Payne pointed out
32 that changes to the Mobility Plan can be effected through the platting process and that requests
33 for such changes are not unusual.
34
35 Dillard stated they would go with whatever the City wanted, but if the decision was made for the
36 road to go through the middle of their property they could not honor the statement that they
37 would donate the entire necessary ROW. He went on to say that if the road goes where they had
38 originally proposed it there is a good chance that there will be residential development located
39 across Ganzer Road from the existing neighborhood, but that if the road alignment is moved
40 there may well be light industrial or some other similar use placed in this location.
41
42 Chair Kamp stated that these changes were presented in both of the public meetings, and the
43 route desired by Galatyn had received extreme negative feedback from the neighborhood. Kamp
44 then asked Dillard why, since he was either present or represented at the public meetings, he had
45 not spoken out and defended his proposal at the meetings when he had the opportunity.
46
47 Dillard did not respond to the Chair's question.
48
49
50 Draft Minutes from the Mobility Committee
1 July 21,2006
2 Page 3 of7
3
4 Action Item:
5 The motion was made by Mayor McNeill with a second from Board Member Montgomery
6 for staff to move forward to P&Z with the Mobility Plan as presented and amended
7 (Exhibit 4). The motion was approved by a vote of 3-0.
8
9 Chair Kamp reserved the right to come back to Item 2 for additional discussion.
10
11 3) Receive a report, hold a discussion and provide a recommendation on a resolution of the City
12 of Denton, Texas, supporting the North Central Texas Council of Government's proposed
13 regional alignment regarding the Texas Department of Transportation's Trans-Texas
14 Corridor-35 initiative; and providing an effective date.
15
16 Mark Nelson reminded the Committee that this is an item they have seen before and is the
17 proposed TxDOT alignment of the Trans Texas Corridor.
18
19 Chair Kamp stated that NCTCOG staff announced at the July 13th RTC regular meeting that
20 TXDOT was proposing to expand the Tier One study area to include the regionally
21 recommended corridor and that it was very important that this alternative corridor alignment be
22 brought into the study and be considered. Kamp also wanted the Committee to know that at the
23 last Chamber of Commerce Board meeting, the Board passed a resolution in support of the North
24 Central Texas Council of Government's (NCTCOG) proposed regional alignment.
25
26 Nelson gave a brief review ofTxDOT's TTC-35 alignment noting that it is now in the Tier One
27 study phase. The goal of Tier One is to narrow the study area from its 50-60 mile width to a
28 study area that is generally 10 miles wide. COG's alternative provides shorter access route to
29 the proposed TTC-35 and facilitates a more efficient connection to urban centers and one that
30 will meet the needs of both the State of Texas and the DFW region.
31
32 Mayor McNeill requested that a cover letter from his office be drafted and attached as part of the
33 response to TxDOT.
34
35 McNeill motioned to recommend approval of the proposed resolution supporting the
36 regional corridor alignment of the TTC-35 with a second from Chair Kamp. The motion
37 was approved by a vote of 3-0.
38
39 At this time, Chair Kamp reopened the discussion on Item 2 asking if there were any additional
40 questions regarding the amendments to the Mobility Plan.
41
42 Payne stated that he had been contacted by a development group looking to develop acreage on
43 the south side of town near Mayhill Road. They asked if the "s' curve at Spencer could be
44 moved about 1800 feet south to allow them to maximize the ability to develop their property and
45 to align storefronts up with Wal-Mart. Payne pointed out that sliding the curve would impact the
46 Haggard and Nelms property south of the property in question and would negatively impact the
47 efforts of Solid Waste in their master planning of the landfill.
48
49 Draft Minutes from the Mobility Committee
50 July 21,2006
1 Page 4 of7
2
3 The Chair stated that although this is new information, she thought the Committee should leave
4 this portion of the Mobility Plan amendments in the system as passed and that there was no need
5 for another vote. McNeill agreed.
6
7 4) Receive a report, hold a discussion and provide a recommendation on the Denton County
8 Transportation Authority commuter rail station planning project and the bus multi-modal
9 station.
10
11 Mark Nelson stated that this particular item has two issues. The first is that the station concept
12 rolled out by DCTA for a downtown multimodal station will impact the City of Denton's
13 planning process as it relates to the downtown station.
14
15 Nelson indicated that staff identified an issue specific to parking between the two rail spurs.
16 The issue being that the railroad owned that property and that it might not be as easily acquired
17 as other downtown property.
18
19 Nelson discussed Concept 1, which will be the park and ride station at Colorado at Mayhill
20 Road. Nelson pointed out that the realignment of Mayhill demonstrated on Concept 1 is skewed
21 to the north and is different from what was originally presented in the recent Mobility Plan
22 Amendment. Nelson also pointed out that the large parking area is disconnected from the
23 proposed station and there was no way to locate the platform closer due to the proposed
24 alignment of Mayhill Road and the need for tangent track.
25
26 Mayor McNeill asked that what would happen to the old Mayhill Road if it were realigned. Jim
27 Coulter stated it would still have to be maintained for public access.
28
29 At this time, Scott Neeley, DCT A, joined the conversation stating that DCT A is seeking
30 comments and is trying to move the project forward in order to proceed with the environmental
31 study. The intent at this time was to acquire property but not develop all of it initially.
32
33 Nelson then presented Concept 2. The location was Brinker Road and the Rails to Trails. Staff
34 believed this to be the more desirable location because of connectivity to Loop 288 and 1-35
35 even though there would be less parking. The major concern with this concept was the total cost
36 of construction, which may have a cost benefit ratio that is too high if a parking structure is
37 utilized to increase available parking.
38
39 The discussion continued with Concept 3 located at the southwest corner of Mayhill and
40 Brinker/Colorado. This plan would connect to the medical center. The Committee expressed
41 concerns with drainage and limited access to the site.
42
43 Chair Kamp asked about staff's concern with Concept 1.
44
45 Nelson stated there are concerns that the elevation of the realigned Mayhill may impact the
46 availability of land for the station and parking. Could the site facilitate the proposed parking lot
47 and access necessary for the station if bridge infrastructure or berms were used for the Mayhill
48 Draft Minutes from the Mobility Committee
49 July 21,2006
50 Page 5 of7
1
2 realignment. Staff also expressed concern that the split parking lot design may not be well
3 received by riders.
4
5 Mayor McNeill asked what was next in the process. Nelson stated that a maximum of two
6 potential station locations needed to be determined to get the proposal through the environmental
7 process.
8
9 The Committee gave staff direction that Concept 1 and Concept 2, respectively, were the
10 preferred south station locations.
11
12 Scott Neeley received the direction and will forward the comments to the DCTA consultant.
13
14 The second issue brought forward for discussion by Nelson was the need for a feasibility study
15 for the Downtown Multi-Modal Station. Nelson indicated that when staff began the preliminary
16 review of the land acquisition for the proposed rail stations, it became apparent that a feasibility
17 study would be necessary to facilitate the grant application for the Congressionally earmarked
18 funds.
19
20 Staff recommended that a stakeholder group be established to assist in site selection for the
21 downtown multimodal station and reviewed potential membership of the proposed stakeholder
22 group outlined in the backup.
23
24 Staff also recommended that an interlocal agreement be developed between the City of Denton
25 and DCT A to ensure the proposed facility is designed to meet the needs of both organizations
26 and to address future transfer of facility ownership upon completion of the facility.
27
28 Council Member Montgomery summarized the necessary action items and the timeline to
29 facilitate the funding application with the Federal Transit Administration.
30
31 Chair Kamp requested that someone from Main Street be included in the stakeholder group.
32
33 Mayor McNeill made a motion recommending Option II, that the City of Denton take on
34 the role as lead planning agency and negotiate an interlocal cooperation agreement with
35 DCT A to set planning parameters for the proposed facility to include a feasibility study
36 and transfer of the facility upon completion with a second from Bob Montgomery. The
37 motion passed by a vote of 3-0.
38
39 5) Receive a report and hold a discussion concerning recent action taken by the Regional
40 Transportation Council and the Dallas Regional Mobility Coalition.
41
42 Chair Kamp noted the change in leadership as Denton County Commissioner Cynthia White
43 moved from the RTC Vice Chair to Chair and Oscar Trevino, North Richland Hills Mayor
44 assumed the position of Vice Chair. Chair Kamp also stated that in an effort to keep Dallas and
45 Collin County from monopolizing the Committee that Mary Horn will now be the Co-Chair of
46 DRMC.
47
48 Draft Minutes from the Mobility Committee
49 July 21,2006
50 Page 6 of7
1
2 An additional piece of information was that the R TC had money left over and that the City got
3 all the trucks it requested and that the program is being expanded to vehicles other than refuse
4 trucks.
5
6 6) ICM Report:
7 a. Brief on First Annual Texas Transportation Forum
8
9 Chair Kamp stated that she and Mark attended, had a lot of good conversations and believes
10 that they accomplished a great deal.
11
12 b. Update on the 9th Annual Transportation Summit
13
14 All Board members indicated that they would be attending the Summit. Nelson informed the
15 Committee that Frank Payne would not be attending but that one of his staff would attend in
16 his place.
17
18 Chair Kamp stated that she would be presenting at the Summit.
19
20 6) New Business
21
22 Action Items:
23
24 Mayor McNeill stated that he had four items. As an explanation, Mayor McNeill offered that
25 a move was underway to make Council Committee meetings uniform.
26
27 Item 1:
28 Minutes from Council Committees would denote action-oriented items, stating action required
29 and who would be responsible for that item.
30
31 Action: Ann Forsythe, Secretary will include action items and the responsible party in all
32 future minutes.
33
34 Item 2:
35 At the suggestion of City Attorney, Ed Snyder, The Mobility Committee should draft by-laws.
36
37 Action: Mark Nelson will draft by-laws using the Audit Committee's and present them to the
38 Mobility Committee at its August meeting.
39
40 Item 3:
41 All future minutes of the Mobility meetings, once approved, will be circulated to the Council
42 in the Friday reading file.
43
44 Action:
45 Ann Forsythe, Secretary, will forward the approve minutes for inclusion in the Council
46 Reading File.
47 Draft Minutes from the Mobility Committee
48 July 21,2006
49 Page 7 of7
50
1 Item 4:
2 Change the meeting time from 12:30 p.m. to 10:00 so that Chair Kamp could attend the
3 Precinct Two meeting being held at 2:00 p.m., and to relocate the place of the meetings to the
4 City Council Work Session room in City Hall.
5
6 Action:
7 Ann Forsythe, Secretary, will facilitate these changes.
8
9 The meeting was adjourned by consensus at 2:15 p.m.
Con den selt 1M
Page 3
1 PROCEEDINGS 1 and members of the Commission~ We are here today to hear
2 (COMMISSIONERS W A TKINSt THOMASt STRANGE, 2 on the Mobility Plan Amendments. The IDa bility plan is
3 THIBODEAUXt EAGLETON AND GUZMAN-RAMON 3 part of the Denton Plan, therefore, it follows the Denton
4 PRESENT. ) 4 Plan Amendment procedtrre. It is a comprehensive update of
5 COMMISSIONER STRANGE: GoOd evening, ladies 5 the Mobility Plan. There are a total of 17 proposed
6 and gentlemen. Itts 6:33 and we will convene our August 6 changes ~ Those 1 7 proposed changes are to improve and
7 23rd meeting of the Planning and Zoning Commission and ask 7 enhance the transportation circulation and connectivity
8 that you would join with us in the pledge to the flags. 8 within the City.
9 (Thereupon, the Pledges of Allegiance were 9 There have been extensive public
10 recited. ) 10 involvement. In January of 2006, Frank Payne, our City
11 COMMISSIONER STRANGE: The first item on 11 Engineer, presented proposed changes to the Mobility
12 our Agenda will be approval of the minutes of the Planning 12 Conunittee. At that meeting the Mobility Committee
13 and Zoning Commission meeting of August the 9th. Do we 13 directed staff to hold public meetings to acquire input
14 have a motion? 14 from the public regarding these proposed changes.
15 COMMISSIONER EAGLETON: So moved. 15 In March and in April, there were a total
16 COMMISSIONER THIBODEAUX: second. 16 of four public meetings held. In April, the Mobility
17 COMMISSIONER STRANGE: I have a motion by 17 Committee met again, Frank Payne presented the results of
18 Mr. Eagleton and a second by Dr. Thibodeaux. Any 18 the public meeting. Based on the four pub lie meetings ~
19 discussion? Please~ vote. And the item passes 6-0. 19 there were two proposed changes that received a lot of
20 Our next item will be the Consent Agenda. 20 input. Those two are -.. proposed change items number
21 Prior to tonight's meeting the Planning and Zoning 21 eight as well as proposed item number four.
22 Commission had the opportunity to meet with staff and 22 The Mobility Committee accepted all of the
23 review the items on the Consent Agenda to have any 23 proposed changes except for those two and directed staff
24 questions we had answered or discuss them, so do we have a 24 to bold -- I'm sorry~ to further analyze those proposed
25 motion for approval of the Consent Agenda? 25 changes. The staff went ahead and held a fifth pub lie
Page 2 Page 4
1 COMMISSIONER GUZMAN-RAMON: Move approval 1 meeting directly to address those two issues or those two
2 of the Consent Agenda. 2 proposed changes.
3 COMMISSIONER WATKINS: second. 3 In May~ Frank Payne, our city engineer
4 COMMISSIONER STRANGE: we have a motion by 4 again~ presented to the Mobility Committee a new proposed
5 Mrs. Guzman-Ramon and a second by Mr. Watkins. Any 5 alignment, realignment of Maybill, which is proposed
6 discussion? Please, vote. The vote passes 6 -0. 6 Change Item Number 8, which the Mobility Committee
7 Our next section is for our public hearings 7 accepted the new proposed alignment. At that time~ the
8 and for those of you who are not familiar with our process 8 proposed item number four, which is the four-lane
9 here. There is an opportunity for each of our public 9 extension from Highway 77 up to Milam Road was not.~ did
10 hearing items for the public to speak. If you wish to 10 not get an agreement or wasn't established, therefore, the
11 speak on any item, you need to fill out a yellow card 11 Mobility Committee directed staff to hold a public
12 which are available outside the door, mark the item that 12 meeting, specifically for that proposed change.
13 you want to speak for or against, sign it and present it 13 In July, the Mobility Committee met again
14 to the front. And when the appropriate time comes~ we 14 and at that meeting Frank Payne presented a revised
15 will call your name and you will have the opportunity to 15 proposed change alignment for that segment, again, from
16 come speak. 16 Milam ..- from Highway 77 up to Milam Road and that's where
17 It is our general rule particularly when we 17 we are today.
18 have a large crowd, if you do not fill out a card, you do 18 As presented in Exhibit 2, the proposed
19 not have an opportunity to speak" so we will start our 19 amendments are illustrated. The staff is reconunending
20 hearing and if you need to you can still slip out, get a 20 that these amendments be presented -- be forwarded to the
21 card, nun it in down at the front. Thank you. 21 City Council for their review and action. At this time
22 Our first public hearing tonight is Item 22 I r m going to go over each of the proposed changes.
23 Number 4A which is amendments to our Mobility Plan. And 23 The first proposed change is Item No.1,
24 we will have a presentation from staff. 24 which is the Hickory Creek Road~ Creekdale realignment.
25 MR. MENGUITA: GOOd evening, Mr. Chairman 25 The realignment will take it from its existing alignment
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 1 - Page 4
Condenselt 1M
Page 5 Page 7
1 that follows the Creek flood plain area here. It will 1 Number 15 is the outer loop by -- this is
2 take it north following this alignment here. 2 part of the North Central Texas Council of Government
3 Item No. 2 is the Mills Extension, 3 outer loop project. This area in dotted -- dashed lines
4 extending where it currently ends here at Maybill Road 4 is the reconunendation that staff at the City of Denton is
5 extending west and over and up to Market Street and then 5 proposing from Sherman Road in this vicinity heading east
6 the connectivity would be then to Loop 288. 6 or west over to 1-35. This brings us over to the area
7 And No. 3 is the Bonnie Brae at Highway 77 7 where itrs bounded by 1-35 to the west, Locust Street to
8 realignment. Currently Bonnie Brae extends north and 8 the east, Milam Road to the north and Loop 288 to the
9 terminates here at Highway 77. And the Bonnie Brae north 9 south.
10 of Highway 77 starts again up this area, and then 10 Irm going to start with the primary
11 continues underneath Loop 288. The realignment would 11 arterials and those are delineated by the red and black
12 connect the existing Maybill -- existing Bonnie Brae from 12 dashes. Ganzer/Long Road. Nwnber 14, I'm sorry, Ganzer
13 Westgate directly over Highway 77, and then under Loop 13 Road~ Long Road connection~ the proposal would run from
14 288. We jump to No.5. 14 1-35 here, head east/west towards the proposed Long Road
15 Number 4 is part of a larger discussion, 15 collector on Locust Street.
16 and we'll get there at a later time. 16 Number 13 is the Bonnie Brae Extension.
17 N wnber 5 is the removal of the N acosia 17 This is a new alignment~ This would connect where the
18 Connection to Loop 288. Again, No. 11, we're jrnnping 18 number 3 we had discussed earlier, take it north tlrrough
19 ahead, but No. 11 is the proposed collectors that would 19 the properties up to Milam Road. Again, this is a primary
20 front 288 and there would be a connection here, again, on 20 arterial. This would be a six lane.
21 just the frontage road. 21 Number 10 is our southerly east/west
22 Number 6 is the east Windsor realignment 22 roadway that transects east/west from Locust Street down
23 Currently, the Mobility Plan has Windsor going north up 23 this direction and then over to the four-lane extension
24 this way connecting to Ferris Road and then turning east 24 which is number 4 -- the four-lane extension extends from
25 to Silver Dome Road towards Cooper Creek Road. The 25 Highway 77, heads north/south up to Milam Road.
Page 6 Page 8
1 proposed amendment would be to remove this alignment and 1 The next segment, again, the green
2 create this alignment south of the current alignment with 2 signifies a secondary arterial. This extends from Locust
3 an extension from this segment over to Ferris Road. 3 Street, heads east/west to the four-lane extension.
4 Number 7 is the Audra realignment. Audra 4 And lastly ~ the -- Nwnber 16, the
5 currently extends east this way towards Loop 288. The 5 nortbJsouth connection from the Ganzer/Long Road primary
6 proposed realignment would take it south connecting to 6 arterial heading south -- north/south to the frontage road
7 Prominence which is currently there. This T intersection 7 proposed, again, No~ 11 is the frontage road collector
8 would still remain, but this would create a connectivity 8 streets.
9 enhancement. 9 That is the end of my presentation. If
10 N wnber eight is the Mayhill realignment. 10 there is any questions that I may answer at this time.
II The realignment would take it north of Colorado and then 11 COMMISSIONER STRANGE: AnY questions of
12 veer east towards the current Maybill Road just before 12 staff? Does anyone have any questions of staff? Thank
13 Spencer. Nwnber 9 is the Katrina Extension to Mayhill 13 you very much. We will now open our public hearing. We
14 Road. Currently Katrina is from Loop 288 to about this 14 do have a number of cards marked for people who wish to
15 area here. The Extension would take it froln this area all 15 speak. We'll call your name. When you do you'll come to
16 of the way over to Maybill Road. 16 the pOdilUll. 1'11 call two names. One will come to the
17 Nwnber 11 of the proposed changes is the 17 podium. The second one can come sit in the chair right in
18 collector roads along Loop 288. They start from 18 front so that we can move along.
19 University here and head west towards 1-35. 19 Our procedure here is that you have three
20 Number 12 is the north/south connection 20 minutes to speak. At the end of two minutes you will hear
21 from Creekdale.to Ryan Road. This is a realignment. 21 a sound. That indicates you've had two minutes gone by,
22 Current Mobility Plan has a collector street extending 22 and you'll have one minute left to wrap up. And we do
23 south -- north/south from Ryan to Creekdale in this area 23 like to keep that on a regular cycle.
24 here. But because of the flood plain area; staff 24 So first to speak will by Joe Doye followed
25 reconunends that it be relocated in this area here. 25 by Billy Kellum.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 5 - Page 8
CondenseIt 1M
Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. KELLUM: I'm Billy Kellum. May I 1
reserve mine until after ~. Dillard? He's making a 2
presentation that is the property that 1'm concerned 3
about. 4
COMMISSIONER STRANGE: Yes. 5
MR. DOYE: And r d like to request a 6
gentleman that I work with to be able to speak also just 7
right after I do. We have some prepared remarks to make. 8
COMMISSIONER STRANGE: Have you both 9
filled out a card? 10
MR. DOYE: Yes, sir. And either he can 11
follow up to my talk or I could take his three minutes if 12
he can relinquish bis three minutes to me. 13
COMMISSIONER STRANGE: Each speaker has 14
three minutes. So you' n be able to speak and then whatt s 15
his name, so I can get him right behind you? ] 6
MR. DOYE: Michael H uhne. 17
COMMISSIONER STRANGE: okay. Give us your 18
name and address, please. 19
MR. DOYE: My name is Joe Doye. I'm at 20
5430 LBJ Freeway, Dallas, Texas. 21
COMMISSIONER STRANGE; GO ahead. 22
MR. DOYE: ob, you're ready? I appreciate - 23
the opportunity to speak with you and I come to you with 24
two hats on. One as the owner of approximately 120 acres 25
Page 11
Spencer Road where the proposed separation from the
current MayhiU Road is to begin, this point is solnetilnes
described as the tie.in or Illerger to the existing Mayhill
alignment.
Additionally; the exact specifics of the
alignment were related to this size of curves radius and
link of the tangents connecting the two proposed curves
used to accolnplish the new Mayhill alignment are
critically hnportant to US~ We believe that further
enCQUragelnent to follow Frank Payne t s latest
recOlmnendation might have a drastically negative hnpact on
all of the landowners' property values. And we have a
very shnple adjustInent to what is now understood as a
recommended alignlnent.
We have luet with Mayor Peny McNeill --
COMMISSIONER STRANGE~ your thue is up. If
you can COllte to a quick conclusion.
MR. DOVE: okay ~ I was just going to say
we met with Mayor Peny McNeill, Pro Teln Pete K3.lnp, City
Council Melnber at large Bob Montgomery and Illl pass to
Michael to continue.
COMMISSIONER STRANGE~ For the record, if
you'l1 give us your nante and address.
MR. HULME: Yes. My naJne is Michael Huhne.
Irln also with the Westin Developlnent COlnpany. The COlnpany
Page 12
is located in Dallas, Texas, but again, it's addressing
the same property that Joe was just discussing. Itm just
going to actually continue with his notes.
And one more thing to clarify on this
illustration, the red one is what we now understand to be
close to the alignment that's now been published, although
I will say that in direct meetings with Frank, he's
mentioned that the tie-in will occur 100 feet from the
Spencer/Mayhill interchange, but the illustrations that
have been distributed in the public meetings illustrate
something more along the lines of 740 feet~ so we've tried
to track with this through all of the information that's
been sent. We have a 00- our engineer, his wife gave birth
to a new baby on Monday; so het s not here right now to
discuss with us where the tie-in is on the blue alignment,
but~ again, in our discussions with Frank, bet s mentioned
this is a pretty simple transition. Ies just not been
something we've been able to get addressed yet.
Additionally, we have worked with Linda
Ratcliff the Director of Economic Development over the
last several months concerning future is sues related to
funding and accelerated construe ticn schedule for this
portion of the road. We f ve also requested and intended as
Irve mentioned more than one meeting directly with the
City Engineering staff. The meeting with City and
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 9 - Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 1 0
at the southwest corner of Maybill Road and Spencer Road, 1
secondly, as a developer looking at developing 2
approximately 700,000 square feet of retail at that same 3
intersection. And so I wanted to let you know what my 4
concerns are. And what I did I have some prepared 5
information to kind of keep me on track. 6
A concern I'd like to address with you this 7
evening involves the potential realignment of Maybill, 8
NlIDlber 8, or should I say the most recent recoI1llI1endations 9
coming from the City's Engineering staff. These most 10
recent reconunendations neither considered local private 11
owned land values nor the ability for affected future 12
development on these properties. 13
If adopted, the transportation engineer r s 14
current recommendation into a Mobility Plan proceed as is, 15
this oversight will not only affect Westin Company. s 16
immediate retail development plans but also the value of 17
our remaining acreage; approximately 120 acres is owned by 18
us and approximately 120 additional acres is owned by 19
additional landowners just south of us. I want to briefly 20
give you the specifics of our concerns regarding the 21
Maybill alignment. To better illustrate it, I've got this 22
plan here for us to take a look at. 23
Consideration that we formally ask for at 24
this time is that the distance along Maybill south of 25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Con den selt TM
Page 13
Engineering staff included members of Frank Payne's group 1
and others. We continually kept Planning Department 2
apprised of our intentions throughout the year with direct 3
face-to-face meetings with Kelly Carpenter~ And worth 4
mentioning one of your Planners Ron Meguita has been very 5
informative and quick to return our calls when wefve had 6
questions related to our current concerns. 7
On reactions to our developments, 8
intentions and the roadway improvement goals have been 9
universally positive with only the one exception. This 10
exception has had nothing to do with the challenges to our 11
needs in relation to the engineering or the cost of the 12
MaybiU alignment but rather has sourced from some 13
frustrations, again, Frank Payne's office has mentioned, 14
really with our inabilities to release more specific 15
information about our development intentions earlier this 16
year. We have met this challenge by confrrming through a 17
number of face-to-face meetings with Prank and other City 18
engineers that our current recommendation poses no 19
functional issue where related to the cost of 20
construction, the environmental concerns, traffic safety 21
requirements nor long-term ability plans or commitments 22
the City is wishing to accomplish. 23
There has also been made mention the 24
adjacent land fills interest in this more northern offset, 25
Page ]5
quick summary.
COMMISSIONER STRANGE~ Your time is up. We
do appreciate your inputs though.
Next to speak is Shawn Coster.
MR. CARTER: carter.
COMMISSIONER STRANGE: carter, followed by
Bent Carter.
MR. SHAWN CARTER: shawn Carter, live at
6572 Ganzer Road. Talking about the recommendation on
Number 4. If you' 11 notice, I live at Ganzer Road, and
at rust it was going to come straight to my house and the
four-lane road was going to be in front of my house. And
been talking to Frank and they finally come up with a
different idea where my family and my neighbor r s family
will not -- families will not be backing into a four-lane
road.
I recommend this one strongly to keep it
away from our house because I was worried about the safety
of my family when they were backing in a four-lane road
and it keeps all of the neighbors out their safe because
Ganzer Road will not be a four-lane road in front of our
area. That's about all I have~
COMMISSIONER STRANGE: Appreciate your
time. Next to speak is Bent Carter ~
MR. BENT CARTER: Bent Carter. I live at
Page 16
2043 Chinn Road~ just up from Ganzer Road. Just to let
you know we met with Frank's team on several occasions and
nearly every one of those meetings that we had -- this
concerns No.4 as well~ we were at all of the meetingst we
filled the room every time. Most of the citizens were
opposed to the plan because that road come right down our
road, curved right into the front of Shawn's house. He'd
have to back up and several other families would have to
back up and enter a four-lane highway.
The City kept working us, understood our
concerns, r m sure you' re going to hear from the developer
after this, but this works best for US~ We believe we've
worked out a -- we like this road where it goes. We asked
several times during the meetings why it couldnft go this
way. No answers at the time, but just wanted to let you
know werre for the plan as it says right now~ Thank you.
COMMISSIONER STRANGE: Thank you. Next we
have Denise Eberhardt followed by Liz Stokes.
MS. EBERHARDT: Hi. My name is Denise
Eberhardt. My address is 6829 Ganzer Road. And I am
backing up the two Carter gentlemen. We approve of the
new -- my husband and I approve of the new plan. Like
they said~ we have worked with Mr. Payne and Mr. Menguita
at all of the meetings and 'We appreciate their time in
listening to our problems~ And at this time we would like
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 13 - Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 14
the one that broaches closer to Spencer~ I look to make 1
clear right now that we strongly object to any Agenda that 2
involves allowing the dump to further disregard the state 3
of the mandated -- of the state-mandated buffer zone, 4
which has already been neglected between Spencer and 5
Edwards along the west side of Mayhill. 6
So in other words~ right now there's a 7
buffer that's maintained between Spencer all the way down 8
here to Edwards. Obviously or apparently from what we've 9
been able to surmise so far, their desire is to tie 10
Spencer and -- much further north, this just allows them, 11
like I say, to neglect this buffer zone, which is -- 12
already has its issues right now, given the dry weather 13
and other things much less the fact that due to this 14
northern movement of the road curvature, Westin 15
development's property will be burdened with over eight 16
acres strictly dedicated to the roadway along with the 1 7
subdivision that will occur right in the core of where 18
we're intending this 750~OOO square feet of additional 19
retail off the eastern side of Wal-Mart. Looks like rm 20
out of time~ 21
COMMISSIONER STRANGE: We appreciate your 22
comments. 23
MR. HULME: YOU bet. 24
MR. DOYE: could we make a summary? A 25
CondenseIt TM
Page 17 Page 19
1 to approve this new plan. Thank you. 1 And we also have looked at this adjacent--
2 COMMISSIONER STRANGE: We have Liz Stokes 2 now, I have met with some of the landowners out there. I
3 followed by Don Dillard. 3 understand the concerns. We've been good neighbors south
4 MS. STOKES: Hi. I'm Liz Stokes. I live 4 of there at Galatyn Park in our retail center. And this
5 at 2012 Belmont Park in Denton, Texas. That's Lexington 5 is a blowup. I don't know if you can see it. But keep in
6 Park. 1'm here to talk. about Nwnber 12, the expansion of 6 mind we're planning roads now. Werre not putting
7 Creekdale. And I have to apologize to you because I'm 7 engineering drawings on the ground. \Vhat this shows you
8 about to sound like a complete idiot. I have been given 8 if we took the plan that we propose which is opposed to
9 several different stories about what the expansion is 9 the starr s plan, what we would be in that neighborhood
10 supposed to be and then I came here tonight and got 10 and what wefre proposing is you leave Ganzer in place as a
11 another different one, so I'm a little bit confused now as 11 service drive to connect to those houses. And then the
12 to wbat' s supposed to be happening. 12 road would actually be out out here and it would only come
13 So my comments are that I'm opposed to the 13 close in this proximity, about 150 feet to one house. But
14 expansion of Creekdale because of the added traffic is sues 14 theyrd still have access to their houses along Ganzer.
15 that it will create in our already busy subdivision. As 15 So what we're proposing is basically this
16 of right now ~ we only have one exit and that is on to FM 16 concept~ but really -- we have a drawing we received from
17 2181 from Wheeler Ridge. And between the hours of 6 :00 17 the City.
18 3.m. and 8:30 a.m. and 3 :00 p.m. to 7:00 p.m. you cannot 18 COMMISSIONER STRANGE: can you move the
19 make a left-hand turn without almost getting side-swiped 19 microphone over so we can hear you?
20 either coming from the left or the right. If you expand 20 MR. DILLARD: we had a drawing we showed
21 Creekdale and allow that to ease traffic into our 21 which was a response to our plan after a lot of
22 neighborhood, that's only going to add more traffic into 22 coordination. This is ten years' work. This is the
23 our neighborhood, people coming on to Lone Star Wheeler 23 e-mail we had showing our original schemes down through
24 Ridge, coming out to try and get out and adding even more 24 here and this is what we got e-mailed, no, that won't
25 traffic. If that is what that is, then r m opposed to it. 25 work. Here's what wet re going to do. We feel that not
Page 18 Page 20
1 If that is not what you are doing~ then please -- I 1 any of this information that we presented to staff in ten
2 apologize for my ignorance. Thank you. 2 years has ever gotten to any of your committees including
3 COMMISSIONER STRANGE: I have Don Dillard 3 the Mobility Committee, and we're going legally on record
4 followed by Sonya Hill. 4 to get this into the file. Pve got you each a brochure
5 MR. DILLARD~ rm talking a bout No.4. My 5 and two for the secretary to record this~
6 name is Don Dillard, Galatyn Park Corporation, 5000 6 And if you'11 notice in here there' s a page
7 Thanksgiving Tower, Dallas. I will hand you this brochure 7 and a half of single space line item contacts and memos
8 when I get through to save time. We have been meeting 8 that wetve had on this property. So we're going to be
9 with the City and the Chamber for ten years on this plan 9 good neighbors and hopefully, it's a win-win deal, but we
10 that you see on the screen here if you can scope it out. 10 wanted you to be aware of that. Thank you.
11 This was a visioning session ten years ago. It's all 11 COMMISSIONER STRANGE: Appreciate your
12 doclUllented in this report. We have a page and a half of 12 comments. We have Sonya Hill followed by Roger Hill.
13 all of the conunents and meetings wefve had with the City. 13 MS. HILL: Hi. I'm Sonya Hill. I live at
14 Pm going to try to use this time wisely. 14 2201 Creekdale and rm also speaking on Item No. 12. It
15 We've had a plan all along for ten years. It shows a road 15 would be very helpful to us as residents if someone would
16 along Bonnie Brae or Ganzer adjacent to that neighborhood. 16 actually explain what is planned for that extension
17 Just because it's adjacent doesnrt mean it cantt be 17 because we've heard various different things like we said.
18 compatib Ie. 18 N one of us were notified a bout the extension because we
19 We've had recent plans, and this is the 19 donrt live within the 500 feet of the connection although
20 latest one that we've worked on as of today when Mr. 20 it greatly affects us because we are residents of that
21 Kellwn who had some opposition down at the south because 21 road.
22 he wanted to dedicate land across the top of his property. 22 And as a resident of Creekdale~ I realize
23 This plan now reflects that. We think it also reflects 23 that it is a residential collector road and we knew from
24 the coordination we've done with the Tomlin Property on 24 -- when we moved there from the Mobility Plan that it was
25 the east. 25 expected to be connected with the other Creekdale further
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 1 7 - Page 20
Con den selt 1M
Page 21 Page 23
1 on down that is currently only accessed by Hickory Creek 1 this point. r d just like to reiterate a few points, if I
2 or Ryan Roads. 2 may, that what we're mostly concerned about is the size of
3 Connecting two neighborhoods is not an 3 this road and the timing in which it's built.
4 issue to me. I donrt have a problem with that. But when 4 Number one, we've heard it's a six-lane
5 you change it and you say, okay~ now werre going to take 5 road. There is no outlet for a six-lane road in that
6 Creekdale -- we're not going to connect it to the other 6 community~ If you examine the area, we don't see a plan
7 Creekdale, wetre going to connect it to Ryan Road and 7 as to where this road will go other than connecting to
8 that's an entirely different proposal for an entirely 8 Creekdale as my -. as Sonya stated~
9 different purpose. 9 Creekdale is a two-lane road at present.
10 You're not connecting two neighborhoods 10 It's not designed to be expanded. It is a residential
11 now. You're taking and making a route that allows people 11 road, so we do not see the point of connecting a six-lane,
12 to avoid a traffic light. That's all it. s for. It's to 12 one block road with other two-lane roads in the area. We
13 allow people to avoid the traffic light at Teasley and 13 see no plan to this road being that wide. If we're
14 Ryan and instead go through our neighborhood. 14 mistaken and this is a two-lane road, then again, we have
15 So now you're taking a group of people who 15 no problem with the size of the road, but if it is a
16 are too impatient to wait for a traffic light and you're 16 six -lane road, we greatly object to the size of the road
17 taking them tlrrough our neighborhood. Our understanding 17 since it seems to connect to nothing.
18 is that that is going to raise our miles per hour on our 18 The timing of the road is also of concern
19 street to 35 at a minimum. I live on that street. My 19 because we do know that Ryan is scheduled to be expanded
20 house is on that street. I don't want people coming 20 some day. We do know that Teasley is on the plan to be
21 through there at 35 miles per hour or more because they. re 21 expanded. We believe when those roads are expanded we'll
22 100 impatient to wait for a light. That means they're 22 have -- it will have better use for that road. We believe
23 going to be too impatient to wait for people who are 23 that if that road is built before expansion occurs, it
24 crossing the street. 24 will lead to traffic trying to avoid long delays at lights
25 We also have a children's park on Creekdale 25 and put unnecessary traffic through residential
Page 22 Page 24
1 right before where that turn is going to be. People are 1 neighborhoods. That's not what collectors are designed to
2 going to be coming down through there and therers our 2 do, and we feel like that's what it would lead to.
3 children's park on Creekdale. 3 So we object to the timing and the size of
4 The other thing that we've heard is that 4 this road. We..... and again, if we're incorrect on whaes
5 this is a six-lane road. Our road is a two.lane road. 5 happening there, we would like more infonnation
6 Itfs a collector road but it's two lanes. Why do we need a 6 distributed to whatever avenue is appropriate. Thank you.
7 six-lane road connected to a two-lane road? \\'hat is the 7 COMMISSIONER STRANGE: I have elrris Croom
8 purpose of that? I would like that explained to me. S followed by Bill Muse.
9 We've never .- wefve never heard anything about what the 9 MR. MORSE: Morse.
10 explanation is for why we need a six-lane road. A 10 COMMISSIONER STRANGE: Morse.
11 six-lane road that goes for approximately two blocks is 11 MR. CROOM: My name is Chris Croom~ I live
12 going to do nothing but then funnel traffic back down into 12 at 2400 Creekdale. As you can imagine I, too~ oppose this
13 a two-lane road, and it's going to be a drag strip for 13 proposal along with my neighbors. In addition to some of
14 teenagers. And that's what 1'm afraid of personally is 14 the comments that they've made, I feel that in addition to
15 that we're going to have a drag strip and then when they 15 this proposed six -- and again, we've been told six lanes
16 get caught, they're going to come speeding down our road, 16 dumping out into our neighborhood, not only does it dump
17 and wefre going to be out walking and werre going to get .17 out on to a two-lane road, but it does so in a proposed
18 hit by these teenagers coming down our road. And I'm not 18 area where there is a children's park. I take my kids to
19 happy a bout that. And that's what I have to say. Thank 19 this park. That's a safety concern for .- not only for my
20 you. 20 kids~ but for me and my family, the other families that
21 COMMISSIONER STRANGE: Thank you. We have 21 live along our street.
22 Roger Hill followed by Chris Croom. 22 There probably would have been more of
23 MR. HILL: rm Roger Hill. I also live at 23 these neighbors COIne to this meeting tonight had we had
24 2201 Creekdale and I'll also be speaking on Issue No. 12 24 more information or felt we were properly notified. I
25 and as you might imagine I concur with Sonya's comments to 25 didn r t find out until an e-mail from one of my neighbors.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 21 - Page 24
CondenseIt 1M
Page 25 Page 27
1 That could be my fault. I apologize for that. However, 1 no stop signs on any corners in our neighborhood. We have
2 this road would bring a lot of additional traffic in front 2 contacted the City ~ multiple departments of the City and
3 of our homes, and with that increase in volume of traffic, 3 they have declined 10 put stop signs in our neighborhood.
4 I think also comes crime opportunity. Itts not a 4 However; phase 3 is cuirently under
5 neighborhood that I would want to live in. 5 construction and they. re selling home sites there getting
6 When I built this home over a year ago. I 6 ready to build, there are stop signs on every single
7 was told that it would initially connect with the other 7 corner in Phase 3. So we don f t understand that there.
8 Creekdale on the west end where it was -.. a prior 8 They talked about the issue of the speed limit. The
9 neighborhood already exists. We were fully aware of that. 9 children f s park is less than 10 feet off of this main
10 Now, with this change, bad I been looking at this 10 corner where this proposal is.
11 neighborhood now, no, I would not have -- I would not have 11 Another issue is there is a children's bus
12 built in this neighborhood~ I may have not bave built in 12 stop for the elementary and middle school children that is
13 Denton. So that is a major concern for me. Safety is a 13 at the other end of Creekdale leading out to Teasley Lane.
14 fact. Thatt s part of the reason we chose this 14 Children from all over our neighborhood
15 neighborhood. There would be one way in currently and 15 walk, cross streets by themselves without parental
16 then when they extend to Creekdale that would provide the 16 supervision because we live in that kind of a neighborhood
17 second route in and out of the neighborhood. Thank you. 17 and congregate there waiting for their school buses
18 COMMISSIONER STRANGE~ okay~ We have Bill 18 morning and afternoon. With the increased traffic it is
19 Morse followed by Kelly Wooley. 19 going to cause problems and dangerous situations,
20 MR MORSE: 11m Bill Morse. I live at 20 potentially dangerous situations for our children.
21 2317 Creekdale. To reiterate the facts of Mr. and Mrs. 21 Plans as they mentioned are already in
22 Hill and Chris, again, when I purchased my home, my 22 progress to widen both Teasley Lane and Ryan Road to six
23 understanding that Creekdale was a collector road. It was 23 lanes. We feel that this is being used as a shortcut to
24 a neighborhood collector road, which was going to connect 24 avoid the congestion of the traffic light at Teasley and
25 to the Creekdale which ran through Ryan Ranch and which 25 Ryan~ It's going to be unnecessary in a few years anyway,
Page 26 Page 28
1 also ran up to William Stewart Elementary. And my 1 but it r s solving a temporary situation with a pennanent
2 understanding of a collector road was to take neighborhood 2 solution. We have a very real problem with that.
3 traffic from the neighborhood, run it through an 3 To the west of this proposed road on
4 additional neighborhood to a certain point which would 4 Creekdale, the land is owned by Good Samaritan. I don't
5 have been the elementary school. 5 know if their representative is here, Good Samaritan
6 This Creekdale Extension looks like it's 6 Village. They were at the public hearing in March that I
7 going to create nothing but a cut-through from Ryan Road 7 attended. They have already given up land that they own
8 through our neighborhood~ Our homes on Creekdale face 8 for the dog park that's off of Ryan Road, and they also
9 this street. They're not like some of the other similar 9 object to more land being taken for this north/south
10 collector roads that run in Denton where theytll run on 10 connection to Teasley to -- excuse me, to Ryan.
11 the side of homes. This is the front of our home. This 11 And then there is going to be another
12 is where we play with our children. We have our dogs, we 12 residential community built to the north of Lexington Park
13 meet with our neighbors. We don't need, you know, 13 with more high end homes that will go up into the
14 35-mile-an-hour traffic running through our neighborhood. 14 $250~OOO.OO and up range. People are not going to want to
15 It's just going to hurt our property values, the tax base~ 15 build when they're sandwiched between a six-lane roadt
16 and we oppose it. Thank you~ 16 Ryan Road; which will eventually be six lanes, and Teasley
17 COMMISSIONER STRANGE: we have Kelly Wooley 17 Road which is eventually six lanes.
18 followed by Kent Wooley. 18 I know that Denton is wanting to bring in
19 MS. WOOLEY: Good evening. My name is 19 more higher end communities. This is an area that bas a
20 Kelly Wooley. I live at 1916 Del Mar Court also in 20 lot of mobile home parks, and a lot of the lower end .-
21 Lexington Park addres sing Issue No. 12. A lot of what I 21 we.re trying to keep the neighborhood resale values up,
22 have to say is similar to my neighbors along with the fact 22 property values up, taxes up, all of that.
23 that we have three phases in our neighborhood. The 23 In closingJ r d like to say that before we
24 existing homes now are phase 1 and 2 which would be 24 decided to build in Lexington Park and in Denton, we did
25 directly affected by the Creekdale Extension. There are 25 research the dead -end of Creekdale because it r s very
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 25 - Page 28
Con den selt TM
Page 29 Page 3]
1 obvious. We were at that time told that it was a Mobility 1 You have an east/west road, the green section that runs
2 Plan issue that it would be a winding meandering -- can I 2 across there. That completely transverses the north
3 finish up, winding meandering -- 3 border of my property we offered to the City to dedicate
4 COMMISSIONER STRANGE: wrap up quickly, 4 right-of-way if that road was put there. Prank Payne and
5 please. 5 the staff agreed to that. I am in support of the plan as
6 MS. WOOLEY~ -- through the neighborhoods 6 it's presently drawn. However, I met with Don Dillard and
7 -- can I finish? 7 the minor proposed changes that he proposes down on my end
8 COMMISSIONER STRANGE: NO, you're finished. 8 are quite acceptable to me. If we could have a win/win
9 MS. WOOLEY: I is done? 9 situation there in acconunodating Mr. Dillard and my
10 COMMISSIONER STRA.NGE~ Your time's up. 10 neighbors to the north, then I would be in support of that
11 Thank you. 11 plan as well.
12 MR. WOOLEY~ My name is Kent Wooley~ I 12 So I have no problem with that, and I just
13 live at 1916 Creekdale -- rm sorry, not Creekdale, but 13 wanted you to know that I presently support the plan as
14 Del Mar Court. Itm also speaking in opposition to Number 14 presented on Number 4, but I can support Mr. Dillard's
15 12. One of the other concerns that has not been mentioned 15 plan and will do so if that's what you decide to do.
16 yet is that there is a neighborhood to the north of us 16 Thank you.
17 which my wife alluded to, and it is platted to have a 17 COMMISSIONER STRANGE: Thank you for your
18 connection to Creekdale on a road that is tentatively 18 conunents. We do have one other card here that just came
19 named Hialeah now. That will feed through their 19 in late for John Bond. Please give us your name and
20 ,neighborhood, and eventually connect out to Ryan as well. 20 address.
21 This seems to duplicate the same effort 21 MR. BOND~ My name is John Bond. I live at
22 that is acbiev~ you know, by putting this extension 22 1700 South Mayhill Road, the house that is across the
23 through. It also seems to be jumping the gun if you t re 23 street from the landfill. The -- this is my house right
24 going to widen out Teasley and if you're going to widen 24 here. And I've lived there for -- since before it was in
25 out Ryan, why put this through? I understand that there 25 the City limits, Irve lived out there and before Wal-Mart
Page 30 Page 32
1 is a problem with flood plain, however, thafs nothing 1 was there. And at one time the family owned the part
2 new. 1'm not sure why suddenly, you know~ the City of 2 where Wal-Mart is. And this area up in here~ there's a
3 Denton has decided oh, the flood plain is now a problem 3 bunch of drainage~ or up in here where the water goes
4 when it wasn't when a regional mobility plan was laid out. 4 under Spencer Road and the -- it would be a whole lot
5 I would much prefer that Creekdale wind 5 cheaper for the City or whoever is going to be build the
6 through neighborhoods as well and connect out by Wayne 6 street to cOlne and do this thing~ than it would be to do
7 Stewart Ryan Elementary. I understand the traffic needs 7 this.
8 and I also understand that, you know, that there are 8 And quite frankly, I don't want -- while
9 problems out there. Howevert I think that, you know, you 9 rm living in that house~ I don't want this road at
10 need to consider property values. I think you need to 10 Mayhill realigned behind the house while I'm living in it.
11 consider the safety of children. And I think you need to 11 That separates me from all the rest of it. But the ..- I
12 understand what it's going to do to the complexion of the 12 am definitely in favor of this part and like I say, wet ve
13 neighborhoods in the area. Thank you very much. 13 been out there a long time.
14 COMMISSIONER STAANGE: Thank you for your 14 The Westin Group, Joe Doye is a cousin of
15 comments. That I s all the cards I have for people who wish 15 mine and hell, we used 10 play up on this hill up here
16 to speak. 16 back when we were kids and, you know, we've always had
17 MR. KELLUM~ I filled out a card. 17 plans of developing this whole thing and before the dump
18 COMMISSIONER S1RANGE: JUst a second here. 18 was over there on Edwardfs old farm over there, there was
19 Okay. Do you wish to speak? 19 -- the dump came in and what -- my uncles and the rest of
20 MR. KELLUM:: Yes, sir. 20 the family we held off on filing a lawsuit against the
21 COMMISSIONER STRANGE: okay. 21 City back then when they built the landfill, and ~s.
22 MR. KELLUM:: MY name is Billy Kellum. I 22 Haggard is here. She r s another -- she lives just south of
23 live at 1009 Ridgecrest Circle here in Denton. rm 23 us. And I r m not sure what her views are on this, but I
24 speaking on Item No.4. I'm particularly talking about 24 know she's not terribly happy with the landfill. Never
25 the southern end of the oval if you look at it down there. 25 bas been. None of us really are, bu~ you know, what can
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 29 - Page 32
Con den seIt TM:
Page 33 Page 35
1 you do? 1 anything a bout this until a few days ago when some of this
2 The -- anyway, as being the owner and the 2 infonnation was mailed to a friend who then contacted me
3 resident in that house, I wish the City and the zoning 3 and I didn't attend any of the hearings if there were
4 would -- Planning and Zoning would consider this blue line 4 hearings resolving this because I didn't know anything
5 or -- as far as rerouting it, we'd rather not have it go 5 about it. I did not receive a letter regarding this
6 all the way up here and all this curve being this -- the 6 proposal at all. It says in the notice of public hearing
7 northern corner of that property that we've bad for so 7 that a discussion with -- following a discussion with the
8 long. And the -- I dontt know. I guess that's about all 8 developer of the affected properties, the addition of this
9 really r ve got to say. 9 will further facilitate connectivity and mobility between
10 COMMISSIONER STRANGE: Your time is up. 10 288 and Maybill Road.
11 Thank you~ We have had one person who had marked they did 11 The only problem with that is the facility
12 not want to speak who now wishes to speak~ Richard 12 goes right straight through my houseJ Maybill or Mills
13 Sherman. Please come fonvard and give us your name and 13 Street dead -ends at Mayhill. My house is on the west side
14 address. 14 of Maybill and I face straight -- I can look out my front
15 MR. SHERMAN: Ladies and gentlemen, thank 15 door and look down the Mills Street.
16 you for the opportunity. In my haste, I did mark the 16 The developer that owns the property owns
17 wrong box. So thank you for the opportunity to speak 17 property to the north of me and I am about -- r d say he's
18 before you. This is my second attempt to fight this 18 probably about 160, 180 feet further north and so this is
19 City's attempt to turn my American dream into somewhat of 19 coming right -- if it comes across as I understand it,
20 an infrastructural transportation nightmare in my front 20 right straight shot, it's going to go right through my
21 yard. That is like calculus to a 6th grader. I donrt 21 house, so I'm a little concerned and if I'm a little
22 know what the heck is going on and I empathize with you 22 emotional, it t s because I didn'1 know this was going to
23 and have much respect for you if you can understand all of 23 take place and I'm opposed to it needless to say. \Vhen I
24 that. 24 bought the house I intended to retire and live there for
25 But I want to talk about Item 12. My-- 25 the rest of my life. The only thing it looks to me like
Page 34 Page 36
1 I'm at 2401 Creekdale~ I apologize. I forgot to name my 1 this is doing is facilitating a developer who owns the
2 address, or if I did -- I am against the proposal. I feel 2 land and he takes out my land for a road and her s got a
3 that this proposal is akin to duck tape applied to a pane 3 direct access to his development and he doesn't use up any
4 glass window with a false hope that it will survive a 4 of bis property whatsoever ~ And I talked with Ron and r m
5 tornado, or better yet a sandbag levy that will survive a 5 sorry, I don r t know his -- I can't say his last name, but
6 hurricane storm smge. Or even a Band~Aid on a wound that 6 he wasn't even familiar with wbat was taking place and
7 requires stitches. Approving this Band-Aid will allow for 7 said he would have to talk to the engineer about it.
8 an infection of increased traffic which will progress to a 8 And so if it is further north and I'm
9 need for amputation, an amputation of a child's right to 9 totally out of line, then I apologize to you, but if it's
10 play peacefully and safely in a neighborhood intended for 10 coming across straight as it looks on the map here, then
11 safe passage of its residents, not a City insensitive of 11 yes, I am very concerned and very opposed to it, because I
12 its negative impact of its attempt to save dollars without 12 will lose my house and property and everything else, and
13 making any real sense. Thank you for your time. 13 1'm not the developer. I do not own the land north of it
14 COMMISSIONER STRANGE~ Appreciate your 14 and I don rt know if he's even here tonight. I was not
15 comments~ We have three cards that did not mark if they 15 privy to any of the conversations~ And like I said, I did
16 wish to speak for or against or did not wish to speak, so 16 not know anything a bout this whatsoever until a few days
17 I'm going to call those out. George Calhoun, do you wish 17 ago when these letters were mailed out to some other
18 to speak or not? 18 people that were affected and a friend of mine called me
19 MR. CALHOUN: Yes. 19 and said ...... or did you get a letter and I said; no, I
20 COMMISSIONER STRANGE: okay. Please come 20 hadn rt heard anything about it. And she said, well, it
21 fOlWard. Give us your name and address, please. 21 goes right through your house. And I said, it can't go
22 MR. CALHOUN: My name is George Calhoun. I 22 through my house. I've heard nothing about it
23 live at 321 North Maybill Road. It is Number 2 on the 23 And so that. s my concern and It 11 also
24 map. I don' t know if you can pull it up or not. I 24 point out that this land right over here is just vacant
25 apologize if I am a little bit nervous, but I did not know 25 land. There is no reason why it could not be used to
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 33 - Page 36
CondenseIt 1M
Page 37 Page 39
1 curve: Mills Street. 1 Gibson who wish to speak against the -- or who are opposed
2 COMMISSIONER STRANGE: Thank you for your 2 to the Creekdale Extension, do not wish to speak. Tom
3 comments. Chris Watts has a card but did not mark whether 3 Lincoln is in opposition to the Creekdale Extension. C.R.
4 they wish to speak or not. 4 and Anne Lincoln who are opposed to the Creekdale
5 MR. WAITS: well, I think that was on a 5 Extension.
6 different public hearing -- it was on Item C. 6 And then I have one card from Paula Chapman
7 COMMISSIONER STRANGE: okay ~ It wasn. t 7 on Neptune, and it does not reference which item sbe is --
8 clear which one -- 8 it's marked No. 11 ~ which is on the Loop 288 parallel
9 MR. WAITS: sorry about that. 9 connector and she's concerned how it will affect her
10 COMMISSIONER STRANGE: okay. And I bave a 10 residence on Neptune Drive.
11 card for Mr. Carpenter and I've never seen him when he did 11 So those are the items that we have and
12 not wish to speak. Do you wish to speak or not, Mr~ 12 does the City staff wish to make a response to any of the
13 Carpenter? 13 comments that we have received from the public?
14 MR. CARPENTER: I wish to speak~ You're 14 MR. MENGUITA: lid like to ask Frank Payne
15 cracking me up, you know that? Thank you very much. And 15 to come up and respond to some of those conunents received
16 the reason I didn't indicate for or against, I wasnrt real 16 from the public at this time.
17 clear on how the Agenda item was listed. r m here to 17 MR. PAYNE: Thank you. I'm Frank Payne,
18 support Don Dillard and what is now Galatyn Park. r ve 18 City Engineer. I'd like to address a couple of these<t
19 known personally Mr. Dillard and what is now Galatyn Park 19 just simply to clarify a couple of things~ If you r lllook
20 Corporation since 1990 when they bought a bout 1,300 acres 20 at Exhibit 1 and Exhibit 2 in your backup package,
21 of land in our City~ And I would very comfortably use the 21 specifically ~ as it relates to the route of Creekdale,
22 words reasonable and good neighbor when describing my 22 you'11 see that staff really isn f t proposing much of a
23 relationship with Mr. Dillard. 23 modification to Creekdale at all.
24 They own several parcels; as I'm sure 24 On Exhibit 1 you can see that Creekdale
25 you f re well aware of. One of them is very important to 25 extends from 2181 to the west and then curves north to
Page 38 Page 40
1 our strategic plan for economic development that we went 1 Ryan Road. It's already doing that. The primary thing
2 into partnership with the City of Denton on October 1 s1, 2 that cbanged here was the route of Hickory Creek Road.
3 2003 and their success with this and all of these parcels 3 Staff recommended that Hickory Creek Road be routed north
4 all kind of connect. So I guess -- what my request 4 and west --
5 specifically is is I saw the list of meetings that Mr. 5 COMMISSIONER STRANGE: AS we talk about
6 Dillard had up here and I'm here to attest that he was 6 these, letrs put them up so the public can see what welre
7 here because most of the time he comes by the Chamber 7 talking about.
8 office and updates me on projects that we're working on 8 MR. PAYNE: sorry about that. Shouldn't
9 mutually. 9 change the traffic patterns along Creekdale, it r s
10 And I would just simply respectfully 10 increasing connectivity to Ryan Road and really --
II request that you please give him a little more time to 11 COMMISSIONER STRANGE: Let me ask you one
12 talk about the amendment that has been proposed to their 12 thing ..... I hate to interrupt you. Can we get the exhibit
13 route, and I think it will prove good for all concerned. 13 back up that you had when you were talking about them
14 The address is 1112 Pennsylvania, Denton, Texas. Itm 14 because it. s a little clearer. I hate to interrupt you,
15 still trying to get over Mr~ Strangets shot at me there, 15 Mr. Paynet but I think it would be good for the audience
16 but I'll get over it. Appreciate your consideration~ 16 if -- there seemed to be some confusion as to what was
17 Thank you very much. 17 happening. If we can get it up and -- there we go~
18 COMMISSIONER STRANGE~ Thank you. We 18 MR. PAYNE~ I gathered that. I apologize.
19 appreciate that. I do have other cards~ but It 11 ask one 19 I'm a little hoarse. Creekdale is still going to be a
20 more time, is there anyone else here who wishes to speak 20 collector. The capacity and size of Creekdale is not
21 or felt like they had turned in a card and wished to 21 envisioned to change. The route and location is
22 Speak? Okay. I will read out the cards as best as I can 22 essentially the same. We moved it slightly to the north
23 for the items. 23 and east to make room for the relocation of Hickory Creek
24 I have a Larry L. Miller who wishes to 24 Road, and thatrs the only change other than a slight
25 speak against the Creekdale Extension. Harvey and Peggy 25 connector bet\veen Creekdale and Hickory Creek Road.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 37 - Page 40
CondenseIt TM
Page 41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
So I just want to clarify that. I think
that was most of the items. As far as the -- as far as
the Mayhill Road alignment~ I did speak with Mr. Daye and
his associate at length after the public meeting process
was concluded and mobility committee had recommended --
endorsed the route that1s shown.
The only real problem that I see with
making a change out of hand to that route is that the
neighbors have had an opportunity to respond and a public
hearing that would -- or a public meeting that would look
at those changes has not been conducted. There are
concerns on the part of solid waste in that the federal
regulations which relate to their buffer zone have changed
from 50 to 125 feet. They r re in support of the staff
reconunended alignment of Maybill Road so that they can
achieve the additional buffer zone for their future
expansions of the solid waste facility ~
In addition, the changes that -- that have
been requested pushed the main curve off the property to
the north as was originally requested by Westin Company to
the south and crosses the neighbor's property Ms. Haggard
and the Nehns.
With regard to the alignment number 4, this
has gone to public meeting two times, to the Mobility
Conunittee a nwnber of times. r m not sure that I can
Page 43
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
there1 it's possible that -- that that speed could be
adjusted. It's not likely it would ever go down. If 85
percent of the drivers are traveling at a speed higher
than 30 miles an hour, it could be resigned higher than
that.
UNIDENTIFIED SPEAKER IN AUDIENCE: In a
residential neighborhood?
UNIDENTIFIED SPEAKER IN AUDIENCE: In front
of my house?
COMMISSIONER STRANGE: wait. We have one
person at a time who speaks. Thank you.
MR. PAYNE: Again~ thafs only if -- it's
the same way that TXDOT sets speeds on the state highways.
They do a speed zone study ~ And they do an analysis and
if 85 percent of the traveling public drives a certain
speed, that's how they determine the speed limit that's
set and then adopted by ordinance. Same thing with the
City . We would not go out there and change that speed
above 30 miles an hour unless we were requested to do so.
COMMISSIONER STRANGE: Let's see. We do
have two other items I bave marked that we had comments
on. One was from a gentleman on Mills -- the Mills
Extension, Item No. 2 \~lbere the road was going to come
through his house and also on Item No. 11 which is on the
parallel collector to Loop 288.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 42
comment on all of the information that Mr. Dillard has 1
provided to the City~ It predates me in large part. If 2
he says he provided it, I believe him~ I will tell you 3
that City staff including myself and our traffic engineer 4
met with Mr. Dillard, and an associate of his with Tomlin 5
Group, and received a plan that they asked us to carry 6
forward into Mobility Plan Amendments and we used it 7
exactly as they provided it to us. 8
We took it to the public twice on their 9
behalf, and the only comments that we received were 10
negative in nature. And the developer was provided an 11
opportunity twice to speak out in support of his plan and 12
declined to do so in public meeting. Thatls the only 13
clarification It 11 offer on those items. I'll entertain 14
any questions~ Yes, sir. 15
Oh, I'm sorry ...- our traffic engineer was 16
pointing out to me that Item Number 2 is a connector. 17
Itts actually going to be a collector between Ryan Road 18
and Creekdale. It is not six lane and it will not be 19
signed at 35 miles an hour unless it's warranted at 35 20
miles an hour. 21
In other words, it will default to the 22
prima fascia speed of 30 miles an hour, which is the 23
State, if itts not signed, that's the default speed limit. 24
If the City is requested to conduct a speed rone study out 25
Page 44
MR PAYNE: I'll have to apologize to ~~
Calhoun. I did meet with the developer out there, Mr.
Zalla, and that is my mistake. I took the word of the
developer that he had that property under contract. He
requested that road extension because of connectivity
concerns and it appeared to staff that it would improve
the connectivity back to the north and west, back to Loop
288. Again, we were told that he had that property under
contract.
The simple fact of the matter is that road
will not be built unless Mr. Calhoun were to sell and
develop that property. So there's no CIP project out
there to initiate that action. The City has no intention
to extend Mills Street as shown. So unless the developer
can come to an agreement with Mr~ Calhoun or Mr. Calhoun
develops that property himself.. it won't happen. But it's
a fact that we did not notice that. We thought we were
dealing with one property owner and that' s probably a
mistake on the stafrs part
COMMISSIONER STRANGR okay. rn come
back to that in a second~ Let me just ask the question
while it r s on my mind. Is there going to be some way that
we can make some notation in the plan about that so it
will be clear to anybody that picks it up and looks at it
that theyfre not going to go through the front door of
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 41 - Page 44
Condensel t 1M
Page 45 Page 47
1 their house? 1 Ifs in your backup. The notes from the meeting are
2 MR. PAYNE: I don r t think it would be a 2 essentially the same. In both meetings the developer's
3 pro blem at this time since it's a developer requested item 3 representative was present and declined to speak.
4 to take Item 2 off the table. If the developer is sincere 4 COMMISSIONER STRANGE~ okay. And then Item
5 in his attempt to extend Mills Street which I believe he 5 No.8, I understocxi one of the people that spoke in
6 is, he can look at the route and come to the City at that 6 opposition to that said that they had met with you and
7 time and process a mobility plan change with his plat 7 that there was some idea that you could entertain the
8 document. S southern route; I think it was a blue route.
9 COMMISSIONER STRANGE~ well, I wasn rt so 9 MR PAYNE~ what I explained to Mr. Daye
10 much recommending that as to just whether or not we could 10 and his associate was that from a technical perspective
11 put some sort of a notation, a footnote to that particular 11 staff didnrt have any real problem with that route. The
12 item or something so it would be clear wbat the situation 12 problem that staff had was that it had not proceeded
13 is. 13 through the public forum and ~. Doye was also available
14 And also on Item No. 11, which is the 14 at the meetings.
15 person up on Neptune who is concerned about that parallel 15 The route that staff recommended was
16 collector and how it would affect Neptune~ Item No. 11. 16 brought to us by Mr. Doye about a little over a year ago.
17 MR. PAYNE: oh, rm sorry. Mr. Strange; 17 We were not aware of his ..... any details of his proposed
18 I'm not sure exactly how to respond to that one. r d have 18 change until after this was already headed to P & z.
19 to look at exactly where Neptune is. Those roadways are 19 COMMISSIONER STRANGE: okay. All right.
20 intended to be parallel and abutting the TXOOT roadway. 20 And I guess the other one~ if they can put this Creekdale
21 COMMISSIONER STRANGE: Letts put that 21 back up. Mr. Menguita, if you can put that other one back
22 particular area up if we can. 22 up.
23 MR. P A YNE~ That's Neptune. If that's 23 MR. PAYNE: This isn' tactually Creekdale.
24 Neptune that Mr. Menguita has identified with the cursor, 24 The roadway that this is replacing is Montecito. And
25 it won'1 affect it at all because that portion is already 25 Montecito is originally shown on the Mobility Plan as
Page 46 Page 48
1 developed and we're not showing those frontage roads to 1 going down a pretty significant drainage divide. The-..
2 extend through that area. 2 or the alignment of Creekdale as itls presently shown is
3 COMMISSIONER STRANGE: okay. All right. 3 very similar to the way itJs always been shown to my
4 Okay~ Well, it seems to me that -- okay. We've got three 4 knowledge on the Mobility Plan.
5 areas here that have received quite a bit of conunent. 5 COMMISSIONER STRANGE: You Ire talking about
6 We've cleaned t\vo of them up. One is Item No.4, which is 6 the east/west portion?
7 the extension of Milam Road. The other one is Item No.8, 7 MR. PAYNE: Yes, sir.
8 which is the Maybill Road realignment and the -- 8 COMMISSIONER STRANGE: The black dotted
9 obviously, the most controversial is Item No. 12, so my 9 lines, that's the way that it's been on other mobility
10 understanding that the -- we had no input at all on Item 10 plans?
11 No.4 from the development community about the plan 11 MR~ PAYNE: Yes, sir.
12 they' re now proposing? 12 COMMISSIONER STRANGE: which is really
13 MR PAYNE~ 11m sorry? Item No. 47 13 connecting the two?
]4 COMMISSIONER STRANGE: Yeah, the extension 14 MR. PAYNE: The portion you're seeing right
15 from -- four-lane extension from 77 to Milam Road. 15 there on the map, where -- you see where the word
16 MR. PAYNE: We had significant amount of 16 Creekdale is?
17 input from the developer. It's not the same thing that 17 COMMISSIONER STRANGE: uh-huh.
18 the developer provided us in advance of the public ]8 MR. PAYNE: That has not changed. West of
19 meetings~ But we met twice with the public out in that 19 there where you see the alignment of Hickory Creek Road
20 area and took it back to the Mobility Committee after the 20 changing north to Ryan Road is the only section that staff
21 fIrst one. 21 tinkered with the alignment
22 Mr. Dillard requested an additional 30 days 22 COMMISSIONER STRANGE: okay.
23 to work with the neighborhood and staff on changes. We 23 MR. PAYNE: And, again, the classification
24 took a slightly modified version back to a public meeting, 24 of the roadway was not changed at all. It's still a
25 not significantly different~ and, again, same comments. 25 collector.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006 .
Page 45 - Page 48
CondenseIt TM
Page 49 Page 5]
1 COMMISSIONER STRANGE: SO Creekdale as 1 the Item Number 8.
2 we've had all of this comment really is not affected? 2 COMMISSIONER STRANGE~ okay. This is going
3 It r s the same as it was on the -- 3 to Council for when?
4 MR. P A TIffi Pm Dot going to conunent for 4 MS. CARPENTER~ I believe the earliest it
5 public, but I'm thinking it's probably a misunderstanding 5 could go now is the 26th -- 12th or 26th, but if ies
6 of the items that are coming forward. r d be glad to meet 6 going on the 12th, it has to be advertised this coming
7 with any of these folks to talk a bout it in detail. 7 Sunday ~ So it could be the 12th or the 26th of September.
8 COMMISSIONER STRANGE: BeCause really we're 8 COMMISSIONER STRA.NGE: SO you r re suggesting
9 moving, as you said, we're moving a northwest -- I mean, a 9 that the staff meet with those people one more time; is
10 north/south street east a little ways and not really 10 that what you r re suggesting?
11 affecting the east/west street that was already there or 11 COMMISSIONER THIBODEAUX: Yes.
12 proposed? 12 (Discussion off the record.)
13 MR. PAYNE: correct. There was some 13 COMMISSIONER THIBODEAUX~ Mr. Chairman, I'd
14 discussions with Good Sam Village and they had .... had 14 certainly like to hear from my fellow Commmissioners.
15 talked to some City staff at one point about a north/south 15 COMMISSIONER STRANGE: Yeah. Well, were
16 roadway going through their property. \Vben we showed them 16 going to see if we can hear everybody else. I was just
17 this alignment and explained to theffi that the right.of-way 17 trying to get a clarification from Ms. Carpenter about
18 dedication and the amount of pavement that they would be 18 timing wise what we would be into, because this needs to
19 responsible for was significantly less than it would be on 19 move on to the City Council and if we pull any of this
20 the west, I'm thinking that they're in favor of this 20 back, you would have to allow time for notice, meetings,
21 route~ I mean, I cantt quote anybody from Good Samaritan 21 and then for the Mobility Conunittee to meet again and
22 but it's much less infrastructure imposition on them. 22 re-approve it because this ..... because we've heard this has
23 Ifs also going to impact a development to the east there. 23 gone through a number of public forums and a number of
24 The name of that development slips my mind right name. 24 other committees before it ever got to us.
25 UNIDENTIFIED SPEA.KER IN AUDIENCE~ Teasley 25 So anything that we do really is going to
Page 50 Page 52
1 Park~ 1 -- I don't think it t s going to be a short-term deal
2 MR. PAYNE: Teasley.. 2 We're going to go back through that same iteration with
3 COMMISSIONER STRANGE~ okay. Anyone else 3 public bearings and back to the Mobility Committee and
4 have a question of staff? I didn rt intend to ask all of 4 back to recommendation of us, so it could lengthen it.
5 the questions} so anyone else have any questions about -- 5 That' s what I was trying to clarify with ~s. Carpenter.
6 or any conunents about any of the views from the public? 6 Do any other Commissioners have any
7 MR. PAYNE: Thank you. 7 conunents about the Mobility Plan? :t\.1r. Watkins~
8 COMMISSIONER STRANGE: okay ~ With that, 8 COMMISSIONER WATKINS: Mr. Chairman, I
9 wetll close our public hearing~ And we will need now to 9 guess I'm fairly disappointed with five public meetings
10 make any recommendations that we wish to make in the form 10 and 11 meetings and the predominate thing that I heard --
II of a motion to forward this on to City Council. Do we 11 COMMISSIONER STRANGE: Do you have your
12 have any motions or any discussion? Dr. Thibodeaux. 12 microphone on, George?
13 COMMISSIONER THIBODEAUX: Mr. Chairman, I 13 COMMISSIONER WATKINS: It should be.
14 listened to the comments~ of course, coming from the 14 COMMISSIONER STRANGE~ Maybe pull it over a
15 citizens concerning Items 8 and 12 in particular and I 15 little closer. It r s hard to hear.
16 would like to speak to Number 12. 16 COMMISSIONER WATKINS; will this one work?
17 I think that the staff has inclicated to us 17 Okay. rm sorry. With five public meetings and 11
18 that there arentt major changes that would take place 18 meetings and we even have the minutes from those meetings
19 because of that north side -- north/south addition or 19 and yet the predominate thought from these folks and I
20 modification there, but I think there's still probably a 20 dontt question them at all is they're not up to what's
21 great deal of need for some communication with the 21 going on.
22 neighborhood and maybe to allow them to get some answers 22 We're -- somewhere we're failing as far as
23 and some questions to raise the concerns again. And I 23 communicating with these folks in what we're trying to do
24 would be in favor of some means of trying to allow that to 24 I think -- I hope that wet re in line with them. But at
25 take place. I think that maybe I feel the same way about 25 this time, it r s a little difficult to conununicate with
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 49 - Page 52
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
. 23
24
25
CondenseIt 1M
Page 53
just a picture on the wall. And they live there, so they 1
know a good bit a bout it 2
The other thought is it is a mobility plan 3
and knowing how tight funds are, I don't think any of 4
these things are due to be built in the close future. But 5
I do -- but I do wish to thank the folks that came out 6
tonight to speak on these issues. And I know how 7
difficult it is, perhaps, to come to the microphone, but 8
thank you ever so much for bringing us your views. 9
COMMISSIONER STRANGE~ AnY other comments? 10
I would just offer that that it seems to me that staff ] 1
did, as ~ . Watkins said~ a good job of numbers of 12
bearings and the amount of work that went into this. Yau 13
know, what I heard in a couple of cases was that they had 14
input that now is 00- people are wanting to change~ and 15
that always puts the staff in a tough position to have 16
input and then have after the docwnent is done, have 17
people who want to change it. 18
We did have input, if you recall, at one of 19
our work sessions~ about Item Nwnber 4 and we specifically 20
asked that we have another public hearing after that 21
meeting before tonight to try to clear that up. And my 22
understanding is that the: people we asked to come~ it 23
wasn't convenient so they couldn tt come; and we ended up 24
having to cancel the meeting. . 25
Page 54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
So we've had a lot of forums for this and
the staff has put forth a lot of effort on it and it would
seem to me that it proba hly is something that we should
send fonvard with the idea in mind that if in the future a
developer wants to make a change at the time they are
ready to develop, they can always request a change to the
Mobility Plan; is that correct?
MS. CARPENTER: They can come to the City
with the requested change, yes, sir.
COMMISSIONER STRA.NGE: So if s not like
we're cutting off every avenue here, and, again, I think
there have been ample forwns for people to have brought
their plans fonvard. So with that, I would think that --
I would make a motion that we move this fonvard to the
City Council and would look for a second~
COMMISSIONER WATKINS: second.
COMMISSIONER STRANGE: I have a motion and
a second. Any discussion? Ms. Guzman "Ramon.
COMMISSIONER GUZMAN-RAMON: oh, no.
COMMISSIONER STRANGE: Mr. Eagleton.
COMMISSIONER EAGLETON: I did have a
question. Are we talking about moving the entire thing
fonvard, or are we just talking about Item Number -- Items
Number 4 and Number 87
COMMISSIONER STRANGE: My recommendation is
Page 55
move the whole thing fonvard.
COMMISSIONER EAGLETON: okay.
COMMISSIONER STRANGE: Any other
discussion? So we have a motion and a second by Mr.
Watkins. Any other discus sian? Ms . Guzman-Ramon, your
light came up again.
COMMISSIONER GUZMAN-RAMON: Yes, okay. No,
this time I do have something to say ~
COMMISSIONER STRANGE: okay.
COMMISSIONER GUZMAN-RAMON: That would be
without number 2, correct, without the Mills Extension?
COMMISSIONER STRA.NGE: well, I think,
again, this is going to probably fall in the same
category. We can either take that off or it would be as
hers going to hopefully amend the deal with a note that
that will not go fOIWard until that developer controls
that property.
COMMISSIONER GiJZMA.~-RAMON~ okay. That's
fine. Thank you.
COMMISSIONER STRA.NGE: Mr. Eagleton.
COMMISSIONER EAGLETON: MY only concern is,
again, on the Creekdale, Number 12, maybe I havenrt
understood camp letely but, as that goes forward to the
City Council, we're -- all we're doing is moving it
forward to the City Council for further consideration,
Page 56
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
correct?
COMMISSIONER STRANGE: COrrect.
COMMISSIONER EAGLETON: okay. Thanks.
COMMISSIONER STRANGE: yeah. We're
reconunending this plan to the Council.
COMMISSIONER EAGLETON: okay.
COMMISSIONER STRANGE; AnY other
discussion? Dr. Thibodeaux.
COMMISSIONER THIBODEAUX: well, I still
feel that communication -- that some communication needs
to be done to just kind of clear it up with that group,
the Creekdale neighbors that were here tonight and I do
understand the process that you were talking about and I
really am in no way trying to delay this from going
fonvard but ... and I don't know if there t s any way that is
within the .. that is legal and all of that just to have
some -- maybe one on -- you know~ some conversations with
them.
And if questions were asked, maybe they
could raise those questions of someone and have those
questions answered without having to go through all of
those steps. I don't know.
COMMISSIONER STRANGE: IS Mr. Payne still
here?
MR. PAYNE: Yes, sir.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 53 - Page 56
CondenseIt 1M
Page 57 Page 59
1 COMMISSIONER STRANGE: would it be possible 1
2 for your group to meet, since there seems to be a lot of 2
3 maybe misunderstanding about that one particular item 3
4 since it did ...- we're not really doing anything 10 4
5 Creekdale, would it be possible between now and the time 5
6 this goes to Council to have one more meeting with the 6
7 Creekdale residents just to clarify for them exactly 7
8 what's happening? 8
9 ~. PAYNE: certainly. 9
10 COMMISSIONER STRANGE: okay~ Then r 11 10
11 amend my motion to say wet 11 move this fonvard on the 11
12 basis that Item Number 12 will have one more meeting there 12
13 for clarifying to the public what we're attempting to do. 13
14 Will you make an amendment to your second? 14
15 COMMISSIONER WATKINS: Yes, second. 15
16 COMMISSIONER STRANGE: okay. So we've got 16
17 a new motion and a ne\V second. And does that accomplish 17
18 what you'd like, Dr. Thibodeaux? 18
19 COMMISSIONER THIBODEAUX: Yes, it does~ 19
20 COMMISSIONER STRANGE: okay. With that, 20
21 let's please, vote~ Ms. Ramon, your vote did not count 21
22 yet. There you go. And the item passes 6-0. 22
23 23
24 24
25 25
Page 58 Page 60
1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 II
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 57 - Page 60
CondenseIt 1M
Page 61 Page 63
1 COMMISSIONER STRANGE: Our next item is -- I . duplexes. Only when therets a difference did I show them
2 let's hold up one second and we'll give the audience time 2 here. Attached single family dwellings is pennitted in
3 to clear. 3 DR~ 2. Dwellings above busines ses is also permitted.
4 Okay. Our meeting is still in session so 4 Multi-family dwellings are permitted with the limitation
5 we'11 move fOlWard to Item No. 48 J which is -- if we 5 number 5; which states within this district the density of
6 could1 someone from staff please ask them to move on out 6 apartments will be calculated as one-bedroom equating to
7 into the foyer. 7 .5 units. Also, in DR- 2 ~ permitted is retail sales and
8 Next item is Item No. 4 B, which is an 8 service and professional services and offices both with a
9 Alternative Development Plan and it was noticed to be on 9 limitation number 15, which limits the square feet of
10 our Agenda, but the newspaper did not get this item 10 those uses to 5,000.
11 noticed correctlYJ therefore, we cannot act on it tonight, 11 This table compares the general regulations
12 so Item No. 4B will be moved forward to a later date~ 12 for DR-l and DR~ 2. AS you can see the most significant
13 We f 11 go on to Item No. 4C, which is 13 differences between DR.} and DR-2 is the allowable
14 rezoning of approximately .24 acres from a Downtown 14 density. In DR-l it t s eight dwelling units per acre. In
15 Residentiall zoning district to a Downtown Residential 2 15 DR- 2 ~ if s 30 units per acre. The maximum lot coverage in
16 zoning district. Ms. Shelton. 16 DR-l is 60 percent. That increases to 75 percent in DR.2.
17 MS. SHELTON: Yes, sir. Thank you. The 17 The minimlUl1landscaped area in DR.! is 40 percent and 25
18 subject property is located on the west side of A venue A~ 18 percent in DR-2.
19 at Collins Road as shown here on the location map. 19 Here's the site photo, which shows the
20 Currently~ the site is zoned Downtown Residentiall and is 20 existing lot. That r s that northern portion of the entire
21 undeveloped. The surrounding zoning is DR-2 to the north 21 1.98 acres. This is the notification map. We have
22 which is developed with single~family residences. DR-2 to 22 received no written responses at all for this case. Staff
23 the south which is undeveloped. To the east is DR-2, 23 recommends approval of the rezoning request based on the
24 pardon me, DR.lt which is developed as single family and 24 following findings. The proposed use is compatible with
25 to the west is DR-l and DCG which is also developed as 25 the surrounding neighborhood, and the proposed zoning
Page 62 Page 64
1 single family. 1 change is compatible with the Denton Plan and the Denton
2 The subject site and all surrounding 2 Development CodeJ and r d be happy to answer any
3 property is located in the downtown University Core Future 3 questions, and the applicant is also here to answer any
4' Land Use Area of the Denton Plan~ According to the Denton 4 questions.
5 Plan this area is intended to have a mix of educational, 5 COMMISSIONER STRANGE~ Anyone have any
6 residential~ retail, office, service, government, 6 questions of staff? We'll now open the public hearing.
7 culmral, and entertainment development. It should be a 7 Is the applicant here and do they wish to speak?
8 place where residents can live, work, learn and play in 8 MR. WATKINS: Yes.
9 the same neighborhood. 9 COMMISSIONER STRANGE: please come forward
10 This zoning change request was submitted in 10 and give us your name and addres s, please.
11 conjunction with an Alternative Development Plan to allow 11 MR. WATKINS: My name is Steve Watkins. I
12 a 26-unit multi-family development on the property. As 12 live at 12 Hidden Valley, Shady Shores, Texas and I
13 :Mr. Strange said, the newspaper notification for the ADP 13 represent Gateway Development on this project. What werre
14 was not printed, so it was pulled from the Agenda this 14 proposing is a 26 -unit multi -family development designed
15 evening. I have included the site plan shown here to give 15 as a walk-to-school multi-family project. Very few
16 the Commission a concept of the proposed development. And 16 available in-fill lots that are currently available around
17 as you can see, here this is the property that we are -- 17 the University of North Texas. And this location provides
18 the request to rezone the entire site; the 1.098 acres is 18 an opportunity to provide a development that will allow a
19 to be developed for the multi-family. This portion is 19 walkMto-school environment which we currently have a
20 already zoned DR-2. And this is 3 site plan that we'll be 20 pretty health demand for even with our, in some opinions,
21 looking at again with the ADP. 21 over-populated multi -family projects in town.
22 This table compares the current land uses 22 The site allows 30 units per acre. Wet re
23 within the DR.I zoning district with a proposed DR~21and 23 proposing 26. There's 25 percent landscape coverage.
24 uses~ And I've listed only those here where there was a 24 We're proposing 29 percent. Canopy coverage is -- will be
25 difference, so in both zoning districts, you do have like 25 35 percent. We fall within all of the parking
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 61 - Page 64
CondenseIt 1M
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
Page 65
requirements that are going to be required and we are 1
mitigating all of the tree issues that are in effect. 2
We feel like we have an opportunity to 3
provide some value to the conununity in an area that has 4
not seen development in quite a while. So we look fonvard 5
to working with the City any way we can to get this 6
property developed. Thank you. 7
COMMISSIONER STRANGE: Any question.s of the 8
applicant? Thank you. We have one card on this item if 9
it's marked correctly, Chris Watts. 10
MR. WATTS: Yes. My name is Chris Watts. 11
My residence is at 2216 South Bonnie Brae Street. I put 12
1'm opposed but it' s probably more of a clarification. I 13
have a property at 1118 Collin Street which is just 14
probably 200 feet -- the 200-foot buffer hits my corner of 15
my lot. And I'm zoned DR-2 as well. And I've built three 16
years ago an eight-unit complex there. My concern with 17
this particular project is the site is zoned DR -1 and if 18
you go back to the map that shows the zoning of the entire 19
area, back when the City did their massive rezoning 20
effort, this whole area was at one point a low intensity 21
area~ And then you could come and make zoning requests to 22
the City ~ 23
The fraternity or the sorority has that 24
parcel1hatrs right below the site and I presume that's 25
Page 66
pro bably how they got the DR- 2 zoning because everything 1
else in the area is DR-l except for existing multi-family 2
that was there when the zoning occurred. 3
On the site map, and r ve counted it 4
several times so I still could have an error, but I'm 5
counting only 24 units on the site map, on the site plan. 6
I've counted the condensing units and rye counted the 7
Wlits, so I guess, is it -- I think we just need to 8
revisit that. 9
My concern is just the density. Yourve got 10
a one-acre tract that. s basically going to be filled. 11
Now, the tract below that is a DR-2 which is a little less 12
than an acre and you can do 30 units an acre if you can 13
satisfy the parking requirements. 14
And as you come in that comer, off of 15
McCormick, after you get past the fire station, this is 16
going to be the rrrst thing you see coming into Denton on 17
that side~ Now, you.ve got the Windmill Apartments on the 18
east side of the property which is about a 3D-unit -- it's 19
pretty much a high density and it's been my understanding 20
that the City is trying to reign in multi-family and I 21
think that would be a perfect site for a multi -family 22
project, but to me, the only problem I have with it is the 23
density ~ 24
So I can't really oppose the DR-2 zoning 25
Page 67
that's already in place, so I'm really only opposing that
to being rezoned a DR-2 shnply because it provides for a
higher density.
If it's 24 units or 20 units, I can.1 tell
from the site plan. The site plan I think shows 24, and
so if there f s two more units in there, 1'm not sure
exactly where they're going -. where theytre going to be.
So I dontt oppose a multi-family
development there. My concern is just how's it going to
look, you know. Right as you come in that corner, therer s
going to be a parking lot right there at that point, so
right as you come around the comer, that r s what you. re
going to see.
And I think in the ADP. they're asking for
a four -- a variance from ten foot on the setback to four
foot on residential, which, okay. Wetre giving them the
density but then wet re also scooting the boundaries out
more to try to pack this thing in. So, you know, I just
would ...- my conunent is simply maybe reconsider the
density .
If it's an economic issue, I certainly
understand~ I. m a multi-family developer and owner here
in town, so I understand how that goes. But that's pretty
much what my comments are.
COMMISSIONER STRANGE~ Thank you for your
Page 68
COlmnents.
MR. WA1TS~ You bet.
COM?\tlISSIONER STRANGE: that's all the cards
that we have. Is there anyone else here who wishes to
speak for or against? Does the applicant wish to have any
rebuttal or any clarification on the unit count?
MR. WATKINS: 2~ 24 two-bedroom~ 2
one-bedroOJUs.
MR. WAITS; okay. I just Jnight want to get
with you and discuss it.
MR. WATKINS: sure.
COMMISSIONER S1RANGE~ okay. If there. s no
other cards and no other conversation. wetll close the
public hearing. Do we have a nlotion on this iteln?
CO:M:M:ISSIONER GUZMAN-RAMON: Mr~ Chair ~ I
would move approval of HelD 4C.
COMMISSIONER STRANGE: okay. We have a
motion. Do we have a second?
COMMISSIONER moMAS: second.
COM1vlISSIONER STRANGE: we have a motion by
Mrs. GuZlnan-Rmnon and a second by Mr. Thomas. Do \ve have
any discussion? If not, please vote. And the vote passes
6-0.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 65 - Page 68
Page 69 Page 71
1 COMMISSIONER STRANGE: our next item is 1 be happy to answer any of your questions.
2 Item No. 4D, which is the rezoning of approximately 16 2 COMMISSIONER STRANGE: Any questions of
3 acres from a Neighborhood Residential Mixed Use Zoning 3 staff? Thank you, Mr. Russell. Is the applicant here and
4 District to a Neighborhood Residential 4 Zoning District. 4 do they wish to speak?
5 Mr ~ Rus sell. S APPLICANT: we're here but we don r t need to
6 MR RUSSELL~ Mr. Chair, members of the 6 speak.
7 Planning and Zoning Conunission, Item 4 D is zoning case No. 7 COMMISSIONER STRANGE: Are you sure? Okay.
S Z.06-Q022. Subject property is located along the south 8 We have no cards. So with no one wishing to speak we will
9 side of McKinney where the Trinity Road intersects from 9 close the public hearing. Do we have a motion on this
10 the north. 10 item?
11 Subject property is approximately 16 acres. 11 COMMISSIONER THOMAS~ Mr. Chainnan, I move
12 It's undeveloped and as you can see from the slide that 12 approval, please.
13 the adjacent properties to the west and to the south and 13 COMMISSIONER STRANGE: We have a motion by
14 the east are also undeveloped. There is some residential 14 Mr. Thomas. Do we have a second?
15 development and some nonresidential as well scattered to 15 COMMISSIONER THIBODEAUX: second.
16 the north side of McKinney from the subject property. 16 COMMISSIONER STRANGE; I have a second by
17 The orange line that you see here is the 17 Dr. Thibodeaux. Any discussion? Please, vote. The vote
18 City Limit line so the subject property is in the City 18 pas ses 6-0.
19 limits and your ETJ is to the east. And there r s also some 19 The next item on our Agenda is any future
20 ETJ to the north across McKinney. The reason for the 20 Agenda items~ Do we have anyone here who wishes to add
21 request~ this is just a closer view of the subject site. 21 any Agenda items for Planning and Zoning Corrunission to
22 The property is currently zoned an NAAru Neighborhood 22 consider? If not, we will adjourn at 8: 1 7.
23 Residential Mixed Use District. The property to the south 23 (End of proceedings.)
24 is zoned NR~4, which is single family. 24
25 The property owner, the applicant owns both 25
Page 70 Page 72
1 the subject site as well as the property to the south, 1 Yellow cards received:
2 it's a part of -- when you combine the 16 acres and the 2 Karen Miller
3 subject site with the property to the south, it makes a 3 C~R~ and Annie Lincoln
4 total of 80 acres. Theyt re interested in coming in with a 4 Paula Chapman
5 unified single-family development on the property. The 5 Tom Lincoln
6 existing zoning NRMU does not allow single family~ 6 Chris Watts
7 therefore, they. re trying to combine it with the zoning 7 Harvey and Peggy Gibson
8 they have to the south to make it all NR-4. In effect, 8 Larry Miller
9 this is what it would look like) and you still have your 9 Chuck Carpenter
10 NRMU to the north along McKinney. 10 Bent Carter Shawn Carter
11 These are a couple of slides of the -- the 11 George Calhoun
12 slide to the upper left is standing on McKinney looking to 12 Billy Kellum
13 the south of the subj eet property and the slide to the 13 Joe Doye
14 bottom right is looking towards the north to the -- to the 14 Richard Sherman
15 north of the subject property. 15 John Bond
16 We did send out seven notices to property 16 Michael Hulme
17 owners within 200 feet and we so far have received four 17 Kelly Wooley Kent Wooley
18 notices in favor and zero in opposi tion~ So again, this 18 Bill Morse
19 is essentially the zoning district being requested is less 19 Chris Croom
20 intense than the current zoning in terms of density 20 Sonya Hill Roger Hill
21 allowed, development standards, and also the main reason 21 Don Dillard
22 being that that does permit them to develop the property 22 Liz Stokes
23 with single family uses. Staff is in support of the 23 Denise Eberhardt
24 request. It is consistent with the Denton Plan as well as 24 Jane Meaney
25 being compatible with the adj acent wning districts. 1'11 25
CondenseIt 1M
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 69 - Page 72
S :\Our Documents\Ordinances\06\Mobility Plan Amendmen~ Ord.doc.
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORAN AMENDMENT
TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS; PROVIDING FOR
SEVERABILITY AND AN EFFECTNE DATE. (CA06-0001)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-
2020, the Comprehensive Plan of the City of Denton, Texas; and
WHEREAS, on August 23,2006, the.Planning and Zoning Commission recommended
approval of the Mobility Plan Amendment; and
WHEREAS, the City Council finds that the Mobility Plan Amendment is in the best
interests of the health, safety and general welfare of the citizens of the City of Denton, Texas;
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 Mobility Plan of the Denton Plan is hereby amended as explained in
Exhibit "A" - Proposed Changes, and as shown on Exhibit "B~"
SECTION 3 ~ The City's official Mobility Plan map is amended to show the change in future
roadways~
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5~ This ordinance shall become effective immediately from and upon its
passage and approval.
PASSED AND APPROVED this the _ day of
, 2006.
PERRY McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
""
PAGE 2
EXHIBIT A
PROPOSED CHANGES
1. Hickory Creek Road/Creekdale Realignment - In its present configuration, Hickory Creek
Road passes through a floodplain and is subject to frequent flooding. The revisions are
intended to maintain an east-west arterial with this road and to reroute the Creekdale
collector up to Ryan Road with a short collector connection in between Creekdale and
Hickory Creek Road.
2. Mills Extension (west) - This amendment was added following discussion with the developer
of the affected properties. The addition of this collector in this location will further facilitate
connectivity and mobility between Loop 288 and Mayhill Road in an area that will only see
higher traffic volumes as development continues.
3. Bonnie Brae at Highway 77 Realignment - The connectivity of Bonnie Brae at Highway 77
has been problematic for some time now. The proposed realignment will make for a better
intersection in the event that development occurs at the adjoining properties and will
eliminate the need for two traffic signals and the existing turning problems.
4. Four Lane Extension (From U.S. Hwy. 77 to Milam Road) - These changes are intended to
be responsive to proposed development in this general area and to address the concerns of
the residents along Ganzer Road and Chinn Road. The proposed orientation eliminates the
severe bends currently shown on the Mobility Plan.
5. Remove Nicosia Connection to Loop 288 - The agreement between TxDOT and the City to
have Loop 288 as a controlled access with no at grade connections in this area does not
allow for the direct connection of Nicosia to Loop 288, so this proposed change is a
housekeeping item to remove this tie-in from the map.
6. East Windsor Realignment - This realignment is intended to provide a connection from
Loop 288 to Cooper Creek Road rather than to Silver Dome Road as previously shown in
order to improve connectivity and to be responsive to residents' feedback. The proposed
route was suggested by the developer of the proposed Windsor Oaks development and was
presented in a Traffic Impact Analysis (TIA) dated January 29, 2002. This realignment
would then require Farris Road to be extended south to connect to this new alignment.
7. Audra Realignment - This change is intended to realign Audra on the west side of Loop 288
with Prominence Parkway on the east side of Loop 288, thereby providing a logical place for
a signalized intersection and moving Audra further south from the Highway 380 interchange
which is a safety issue. In the improvements to Loop 288, a barrier is to be installed in the
middle to prevent left turns into and out of the current alignment of Audra. The placement of
a four-way intersection at this point will make the location more amenable to the placement
of a traffic signal.
8. Mayhill Road Realignment - This change is intended to show a realignment of May hill Road
to the west of its current alignment south of Morse Street. The intent is to improve the
connectivity to State School Road, improve the developable area on the affected properties
and to provide a separation between development and sensitive City facilities to the east.
9. Katrina Extension to Mayhill- Katrina currently dead-ends just east of Kimberly Drive at
the FEMA property at the stub-out of the road. The addition of this alignment to the
PAGE 3
Mobility Plan will ensure connectivity back to Mayhill Road as originally intended at this
location.
10. Southerly East-West Roadway - These changes are intended to be responsive to proposed
development in this general area. This east-west secondary arterial is intended to provide a
connection through planned development from the old Bonnie Brae alignment east to F .M.
2164. With anticipated annexation( s) and development north of Loop 288 with much greater
densities than the 5-acre ranchettes considered by the City only a few years ago, this item
should improve area circulation.
11. Loop 288 Parallel Collectors - TIAs reviewed to date in this general area indicate possible
severe congestion on proposed streets to the north of Loop 288. With anticipated
annexation(s) and development north of Loop 288 with much greater densities than the 5-
acre ranchettes considered by the City only a few years ago, the congestion will likely be
even more severe. One alternative to address this congestion, preliminarily discussed with
TxDOT and acknowledged as being possible, is the construction of collector type frontage
roads outside the Loop 288 ROW. These roads would allow for access ramps to Loop 288 to
be reconfigured so as to connect from the collector street to the main lanes of the loop.
Construction of these roads will improve the capacity of the major north/south arterials by
allowing some traffic to use alternate north/south roadways between that connect directly to
these collector streets. Note that this allows the northerly connection of Nicosia to an
east/west street (refer to Exhibit 2, Item 5). In addition, a direct connection of Loop 288 to
Bonnie Brae would be provided, rather than the current circuitous route to the US 77 exit
and then travel on US 77 to its connection with Bonnie Brae.
12. North-South Connection - Creekdale to Ryan Road. Remove Montecito in the same limits-
The current proposed alignment of Montecito between Ryan and Creekdale will require
substantial engineering and construction costs to elevate it above the current creek. The new
alignment will provide the same connectivity benefits and eliminate these other issues.
13. Bonnie Brae Extension (new alignment - 6 lanes) - These changes are intended to be
responsive to proposed development in this general area. This north-south primary arterial is
intended to provide a connection through planned development from the old Bonnie Brae
alignment north to Milam Road. With anticipated annexation(s) and development north of
Loop 288 with much greater densities than the 5-acre ranchettes considered by the City only
a few years ago, this item should improve area circulation.
14. Ganzer Road/Long Road Connection (6 lanes) - These changes are intended to be responsive
to proposed development in this general area. This proposed extension of Ganzer east of
Bonnie Brae to FM 2164 has been moved to the south in order to avoid a substantial amount
of conflict/involvement with watershed areas that would have to be crossed with the
subsequent high cost of elevated road sections and/or bridges. With anticipated
annexation(s) and development north of Loop 288 with much greater densities than the 5-
acre ranchettes considered by the City only a few years ago, this item should improve area
circulation
15. Outer Loop - NCTCOG Corridor
16. North/South Connection (new 4 lanes) - This connector is being provided to provide an
intermediate route for traffic to gain access from the planned frontage roads along Loop 288
to points north.
17. Northerly East-West Connection (new 4 lanes) - These changes are intended to be
responsive to proposed development in this general area. This proposed extension from the
PAGE 4
N-S roadway listed in Exhibit 2, Item 4 above to FM 2164 has been moved to the north in
order to avoid a substantial amount of conflict/involvement with watershed areas that would
have to be crossed with the subsequent high cost of elevated road sections and/or bridges.
With anticipated annexation(s) and development north of Loop 288 with much greater
densities than the 5-acre ranchettes considered by the City only a few years ago, this item
should improve area circulation.
PAGE 5
.EXHIBrra
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Planning and Development Department
eM: Howard Martin, 349-8232 ..
SUBJECT
Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan
Amendment for approximately 4 acres of land from "Existing Neighborhoods/ Infill
Compatibility" land use designation to "Community Mixed Use Centers" land use designation.
The property is located on the southwest corner of the intersection of University Drive and Old
North Road and is zoned Neighborhood Residential Mixed Use zoning district. (CA06-0007)
(The Planning and Zoning Commission recommends approval 5-0).
BACKGROUND
Applicant: Imperium Holdings, LP Dallas, TX
In an associated request, case # Z06-00 12, the applicant is requesting a zoning change from
Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G).
That case is being processed concurrently with this Comprehensive Plan amendment.
Public notification and property owner responses are provided in Attachment 3. As of this
writing, staff has not received any responses from property owners within 200 feet of the subject
site.
Based on the findings below, staff recommends approval of the requested Comprehensive Plan
amendment.
1. The proposed amendment is compatible with the character of the surrounding land uses.
2. The proposed amendment from "Existing Neighborhoods/ Infill Compatibility" land use
designation to "Community Mixed Use Centers" land use designation is consistent with
The Denton Plan land use goals and principles.
3. The subject site is located at an intersection making it desirable for a development that
provides convenient, and environmentally sound commercial opportunities that is easily
accessible to the existing transportation network.
OPTIONS
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (5-0).
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
No prior development applications for the subject site have been submitted.
EXHIBITS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Planning and Zoning Meeting Minutes
7. Ordinance
Respectfully submitted,
Kelly Carpenter, AICP
Planning and Development Director
Prepared by
Supriya Chewle
Planner II
EXHIBIT 1
Staff Analysis
Summary of Comprehensive Plan Amendment Request
The applicant is requesting a Comprehensive Plan amendment from an "Existing
Neighborhoods/ Infill Compatibility" land use designation to "Community Mixed Use Centers"
land use designation on approximately 4-acre tract of land.
The subject site is located adjacent to existing Community Mixed Use Centers land use
designation encompassing approximately 14 acres, which are currently vacant. Staff has received
plans for one lot encompassing approximately one acre. This property is within Community
Mixed Use Centers land use designation and was amended from Existing Neighborhoods/ Infill
Compatibility land use designation. The request was approved by City Council in October 2002.
Existing Condition of Property
The property is currently vacant and unplatted.
Property History.
December 7, 1999 - The subject property was placed into the 'Existing Neighborhood/Infill
Compatibility' land use designation.
February 20, 2002 - The subject property was rezoned to the Neighborhood Residential Mixed
Use Residential (NRMU) zoning district.
Adjacent land use designations
North: Community Mixed Use Centers
South: Existing Neighborhoods/Infill Compatibility
East: Employment Centers
West: Existing Neighborhoods/Infill Compatibility
Adjacent zoning:
North: Community Mixed Use General (CM-G)
South: Neighborhood Residential Mixed Use (NRMU)
East: Employment Center Commercial (EC-C)
West: Neighborhood Residential Mixed Use (NRMU)
Comprehensive Plan Analysis
The subject site is located in the "Existing Residential / Infill Compatibility" future land use area
of the Denton Plan. According to the Denton Plan, Existing Residential / Infill Compatibility
reads as follows:
Within established residential areas, new development should respond to existing development
with compatible land uses, patterns, and design standards. The plan recommends that existing
neighborhoods within the city be vigorously protected and preserved. Housing that is compatible
with the existing density, neighborhood service, and commercial land uses is allowed.
According to the Denton Plan, Community Mixed-Use Activity Center reads as follows:
The focus area of a community activity center contains the shopping, services, recreation,
employment, and institutional facilities that are required and supported by the surrounding
community. Thus, a community activity center could contain a supermarket, drug store, specialty
shops, service stations, one or more large places of worship, a community park, midsize offices,
and employers, high- to moderate density housing, and perhaps an elementary or middle school.
It includes vertically integrated uses where different uses may occur on each floor of the
building.
The Denton Plan suggests a typical
service area for a Community Mixed-Use
Activity Center node, which includes
both CM-G and CM-E zoning districts, of
up to eight (8) square miles, and a typical
land area of up to thirty (30) acres. The
existing CM-G parcels on University
Drive and Old North Road northwest
intersection (Node # 1) total
approximately 4 acres, and are currently
undeveloped. Map # 1 depicts the
potential service area of the existing CM-
G parcels.
Another existing Community Mixed-Use
Activity Center node exists within close
proximity to the proposed site. This node
totals approximately 50 acres and Map# 2
depicts the service area for this node as
well as Node # 1. The service area of
Node # 2 actually covers the service area
of Node # 1.
If ~^ :',":-._" *',:~->f<>,' ~~~"~?~;~p_~:';'~iI
L'" ";,,,,",:", "'~~."" .'~I;,il :!!1r.ii~,
it":, ...'.".:.. ~:.;~ ?>~-;:,::~:~~~~'ill
',:r;";<~:X{":_:' " -: ~J fFhg;" ;~:.." :. ;::::':~ ;' ,;r, " L""/~~"I' ,;, 1:1':' .
" . .. ',:. '. ~:. -'" ..,:5/:.J'~"., ". .r... ,,' ,I ~ '-:-:- ... .' .' '..'... .' +. ..~ fi ~
!'"::.;',' "='.'t:.'~<: ;r~<..' ::;:~.~~.;::~.::..~::<.~~; ;'~ .>~..~; ~ ',~=.~~~~ '~':\: ~I"'II!W ): ~)J
. ',," '..~'" ;-'.'"::1''.'_''' ~l.' .... ~ -~.~ '::i:.\..~t ,II' !::o,.H
t~lt~,~' :. "~~1",-~'! JIII~~ .... .:~t Il;: . ;i~-,
;: 1t.8::.'~. - '''. .q~i .'. i. .':':; ,.,.1 =:Wt.'~.~. ~ ;'12 I
' . . ':dt>.. -:~.~lo-.~. ~'ft_. '.' .....",,: -!>: .~. :. ;" . _ l!P1~~~' A~ i&-.;.~
'.u '.:. '..4. : "~,*\::-. ''''. ... 1.('..... . ~;WY_'-:4~
.'.: .Ai~ :.. . _~~~~:-- .......: '.-: ~, . .~.~~..:' .~~ ~-.v~,;.1I!IJ:" .
.) 4". ~ -iN. .... ."". '. . - ~ _~ r-
~~. ':".'.:". -..' -~.. ~ /: "j-"I:~:: ; :~~"':~. ". :'. ."-'.:~~. '. .:'..' . ....'.~} ~
,i . l!i ~ . .. . .' II I . . .r. ~ .' -~_ ..... .. . 1111' __ ___. -'.~I
Map # 1
Map # 2
Map # 3 identifies the service area of the
proposed amendment. The service area of
Node # 1 and Node # 2 already service this
area to be serviced by the proposed
amendment site.
Map # 3
The Denton Plan also discusses other goals and strategies for organization of commercial
development.
1. To provide for reasonable amounts and distribution of various types of commercial land
use in attractive and well-located settings. (p. 47)
University Drive is one of the major corridors of the city. The subject site is well located
at the intersection making it a very desirable site for a quality development that provides
convenient, and environmentally sound commercial opportunity that is easily accessible
to the existing transportation network.
2. To maintain, intensify, and/or expand existing commercial areas, where appropriate,
while removing commercial uses from, and stopping intrusions into, areas not
appropriate for commercial use.
The subject site has properties adjacent to it that are zoned for commercial uses. The
location of this property is appropriate for commercial development.
3. To locate neighborhood-oriented, commercial activities conveniently to dwelling units in
order to minimize the need for frequent automobile trips for everyday household needs.
As University is one of the major corridors of the city it is the intent of the city to make
University Drive a focal point of the city. Currently, Loop 288 is highly attractive for
development and the infrastructure is inadequate. Therefore, by rezoning this site to
allow higher density commercial development the city may create a tax base with
multiple revenue sources and try to distribute the commercial activity centers to other
areas in the city in addition to Loop 288. Thus, while this amendment does not strictly
meet the CM-G service area radius, it does meet other plan goals associated with major
corridors.
The land use categories within the Community Mixed Use Centers include:
Community Mixed Use General (CM-G)
Community Mixed Use Employment (CM-E)
According to the Denton Development Code Section 35.3.3.B(2), the application shall address
the impact of the proposed change on the following:
a. The Goals and Objectives of The Denton Plan,
The Denton Plan requires that distribution of various types of uses in well-located
settings. The proposed project is well located and compatible with the surrounding area.
b. The Future Land Use element of The Denton Plan,
Within the existing land use new development should respond to existing development
with compatible land uses. The proposed retail use is compatible with the existing
density of the uses. The land use designation change does not have an adverse impact on
the Future Land Use element of the Denton Plan.
c. The balance of land uses in the City;
By rezoning this property to CM-G a new node for commercial development can be
created other then Loop 288 and Brinker Road.
d. Adequate Public Facility elements of the Denton Plan, and how the proposed change will
affect the provision of the services anticipated in The Denton Plan.
The application has adequate public facilities and does not create any adverse effect on
them.
According to Denton Development Code Section 35.3.3.B (3), the actions in Section 35.3.3.A
shall be further evaluated under the following factors to balance the interest in promoting the
public health, safety, morals, or general welfare against the right to the use of the property in
Issue:
a. The existing land use pattern surrounding the property and the possible impact on
existing or future development or uses that are in accordance with existing regulations;
The existing uses surrounding the subject property are compatible with the proposed use
on the subject property, which is in accordance with the existing regulations. The
proposed development will not impede the orderly development of the surrounding
properties.
b. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The proposed development does not create an isolated district.
c. The population density in order to facilitate the adequate provision of transportation,
water, sewer, schools, parks, public convenience, and other public requirements;
The development will not increase the population density.
d. The cost to the City and other governmental entities in providing, improving, increasing
or maintaining public utilities, schools, streets and other public safety measures;
It is anticipated that the existing public utilities and roads are adequate to serve the
subject site. Any improvements will be at the developer's expense. The proposed use
will have no impact on schools or other public safety measures.
e. The possible impact on the environment, including but not limited to, drainage, soil
erosion and sedimentation, flooding, air quality and water quantity;
The above calculations are not required with a Comprehensive Plan Amendment process.
Therefore, staff is unable to indicate the impacts of this project at this time. However, the
applicant will have to adhere to all subdivision regulations during the platting process.
f Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning or that proposed by the Future Land Use Map; and
The property is currently zoned for Neighborhood Residential Mixed Use and limits the
square footage of retail and professional office uses. Drive through use is prohibited with
this zoning district. Rezoning this property will allow the developer better use of the
location and the property.
g. The action shall be made with reasonable consideration of the character of the district
and its peculiar suitability for particular uses, and with a view of conserving the value of
buildings and encouraging the most appropriate use of land throughout the City.
The property adjacent to the west of the subject site is a multi-family complex and
Denton Bible Church. Properties to the north of University drive are zoned Community
Mixed Use General and to the east are zoned Employment Center Commercial. The
proposed zoning is in harmony with the current uses around the subject site.
EXHIBIT 2
Location/ Existing Land Use Map
Future Land Use Map
NORTH
...GO
EXHIBIT 3
Public Notification Map
NORTH
Public Notification Date: July 27/ 2006
200/ Legal Notices* sent via Certified Mail: 5
500/ Courtesy Notices mailed: 15
Number of responses to 200/ Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
EXHIBIT 4
Site Photographs
Subject Site from Old North Road.
Property located to the North of subject site.
Subject Site from University Drive.
University Dr. & Old North Rd. intersection
Aerial Photo
EXHIBIT 5
Letter of Intent
___J
1\1:........
:: . )
-: ~.
. '.., ...:... . ~
'1'..-'
;::; ..:....
:::. . .
1....
.- P B- 1\ I -
~' ." "'., 07 , ,.', ':: ,:' ,', '~ , 'IJ.'" :;'/ ' : '" ;. 0<, ~' , II - ", .,", -- .
" 0' ~ " ',' " , : '" . . ,', · ' , ' ' ., " ' "
M ft~liDt:Q, ''..' , ;lI!LfA~'I"" I~"",, )L~" ,-
_.'~~~~~lc'l ,'_ _ .SW~'~~~ ~~6
....................................................................~
. ~:
May 3,2006
City of Denton
City Hall West
221 N. Elm Street
Denton, TX 76201
RE: Old North Crossing - Re-zoning submittal
To the City of Denton:
We respectfully request a zoning change of the 3.358-acre property located at the southwest corner of US
380 (University Drive) at Old North Road. The following is information that corresponds to the zoning
application checklist:
· Existing zoning: NR-MU
· Proposed zoning: CM-G
· Justification for the request:
CM -G zoning offers better utilization of the property with a higher and better use for the
immediate area since retail-commercial activity will be limited at this intersection. The overpass
east of the site restricts access off University to the northeast and southeast comers of University
and Old North. Therefore, the only commercial access off University at this intersection is to the
northwest and southwest corners. The current NR-MU zoning will not allow for uses such as
Retail Sales and Service, Restaurants, or Drive-through Facilities that CM -G will permit.
The proposed uses under CM-G zoning will have negligible impact to existing thoroughfare due to
the limited size and intended use (CM -G) of the site. There are no environmentally sensitive areas
on the site and the site is not within the 100- year flood plain. A utility assessment was conducted
to evaluate service to the site for the proposed zoning use and the evaluation concluded ample
utility size and capacity for the proposed zoning use classification. There are no schools within
proximity of the site and the proposed zoning will not be a burden to the ISD.
Imperium Holdings, LP (applicant) is currently developing the property immediately north of the
3.358-acre property. CM-G zoning and Imperium's control of both the northwest and southwest
comers will create a unified plan of retail uses and design serving as a gateway from the east into
the City and a unique opportunity for Denton.
· Legal description: see attachment
· Location map: see attachment
1.. ..
.. :"'.- .-.
:~......
..w.
"0. "..
~ . ~ -.- .
....................................
..................................................................'"f:
Page 2
5/3/06
Thank you again. We look forward to our continued endeavors within the City of Denton.
Stephen Edward Schattner
CC: Marc Lebowitz
Adam Stein
Wes Schattner
Thomas Glendenning
Enclosures:
Legal description
Aerials
Zoning Plan with location map (attached)
Proposed utility plan
Zoning Plan with location map (10 copies included)
Survey with location map (electronic copy on CD included)
"".:~~
~
1.. ..
.. :"'.- .-.
:~......
..w.
"0. "..
~ . ~ -.- .
....................................
..................................................................'"f:
Page 3
5/3/06
LEGAL DESCRIPTION
3.358 ACRES
BEING all that certain lot, tract, or parcel of land situated in the W. Lloyd Survey Abstract Number 773 in
the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Hue
Leita Fry to Hayden Fry recorded in Volume 3090, Page 309, Real Property Records, Denton County,
Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for comer in the south line of East University Drive (also known as
United States Highway Number 380), a public roadway, said point being the northeast corner of that certain
tract of land conveyed by deed from Denton Village East Apartments, L. P. to M & A Texas VE, LTD
recorded in Volume 5344, Page 3719, Real Property Records, Denton County, Texas;
THENCE along the arc of a curve to the right having a central angle of 050 38' 45", a radius of 3744.33
feet, an arc length of 368.96 feet, whose chord bears S 690 21' 11" E, 368.81 feet with said south line of
said East University Drive to concrete monument for corner at a right-of-way flare;
THENCE S 280 32' 12" E, 134.47 feet with said right-of-way flare to a right-of-way disc found for corner
in the west line of Old the northeast corner of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE S 010 23' 29" W, 184.02 feet with said west line of said Old North Road to an iron rod found for
corner, said point being the northeast corner of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE N 890 39' 06" W, 429.80 feet with the north line of said Miller Family Trust tract to an iron rod
found for comer in the east line of said M & A Texas tract;
THENCE N 060 42' 56" W, 57.12 feet with said east line of said M & A Texas tract to an iron rod found
for corner;
THENCE N 780 11' 27" E, 20.78 feet with said east line of said M & A Texas tract to an iron rod found for
corner;
THENCE N 010 44' 43" E, 368.72 feet with said east line of said M & A Texas tract to the PLACE OF
BEGINNING and containing 3.358 acres of land.
1.. ..
.. :"'.- .-.
:~......
..w.
"0. "..
~ . ~ -.- .
...................................
................................................................'"f:
Page 4
5/3/06
AERIALS
1.. ..
.. :"'.- .-.
:~........
..w.
"0. "..
~ . ~ -.- .
...............................
........................................................'"f:
Page 5
5/3/06
ZONING PLAN
',y 1"'Q.h:
C.
. ...
:" '..1
: .;
.~:~ Itl:
~: II",'
:r:,:,~' ; H
~ ':.: P4;
. , . .:j
~
.'1 ..rJ;
..z :0
.'~~ ~
0: ~
C
~,
o
tQ
~.
~
~~
~'.
~.'
ICL(
~
~.
. .. ..
. ..
. . . ...
; :" ": .
. .. ... .
. YI ~ . .'
~. .~: :' : .... . ::
. -:: "..: . :".":
.. . .
.. . .. . . . ~
. ....
. ... .. . . .
. .
: ;....
... . .
. . ..
~. :.. . !
. .:.. ;:..:. . '.. . ~
. ...... -: ...
... ..
=-". .. . .: ..
. .. .
<"".' II, Li Ii: , !8J
, r ~i !IO, JII
I ~~~ , ' aJ ' k
~: 1ii -4
~ ....
~ .""' ,
· ,: ' 'ii.' " ,",'. '
...:.
~:", :"':I"~ J ~:': Y' ....h.:...: ....Y.I: :>. ,. '_1> ~'''I'''': I .:i'!: · :
, "1 J .. .. / ... .
. .. .. . .. .
. .. . . ..
. . . ..
. . . . . .. .
. . -: . .: . . :: :: . . .
. . : : ... :.: X:
I.' :;: I.:: .' : .' :. : : II. :. J:. i . :I~.: :
.. . . a .... .. 1/.
!.I: 'I : -: : :11: Ilr 'ilt.; Il: milIa:' i .I[tll' I".j Ii 1111: :
.. .. .,.. . r H 1. 11111"1.,'1 ~II'
~ I Jt.: ': ~i- ,: : : '. D.iili: 'Il : !I~ ; :' :
'1' ~ t
:.;: :1' :; .'
::-;' .i::' 'J' . t: ~ .,:
,1:3.. .-: (. .. '1 "J .'
. . . .. .
.. ~. .
x . .". .
.. .. . .
....: . .. "-: :
. . . ...
. . . . .
. . . . ...
. . ./ '1' .. .'. :. .
t~ '1ft 'dli :"'11' Bill III
==
~
1.. ..
.. :"'.- .-.
:~.....
..w.
"0. "..
~ . ~ -.- .
....................................
..................................................................'"f:
Page 6
5/3/06
UTILITY PLAN
"".:~~
~
Con den selt 1M
Page 49 Page 51
1 COMMISSIONER STRANGE: Next item on the 1 specific use pennits. These uses are allowed without any
2 Agenda -- wet 11 wait just one second for anyone who wants 2 limitations or specific use permits within the community
3 to leave if they want to or you're welcome to stay if 3 mixed use general zoning district.
4 you'd like to. 4 Staff reconunends approval of the
5 UNIDENTIFIED SPEAKER: We were wondering if 5 Comprehensive Plan Amendment and the zoning change based
6 we could be included in the 500 foot notice. 6 on the following findings.
7 COMMISSIONER STRANGE~ No. And with a date 7 The proposed amendment from existing
8 certain we will not be renoticing -- the notice is this 8 neighborhood in-fill compatibility land use designation to
9 public forum and you'l1 have to pass that on to your 9 community mixed use centers land use designation is
10 neighbors and it will be up to the applicant to schedule 10 consistent with the Denton Plan, land use goals and
11 his neighborhood meeting and get with you-all. And then 11 princip les. The subject site is well located at an
12 as I say, you'll be welcome back here on September 13th. 12 intersection making it desirable for a development that
13 Next item on our public hearing is Item No. 13 promotes convenient and environmentally sound commercial
14 4B, which is a Comprehensive Plan Amendment for 14 opportunity that is easily accessible to the existing
15 approximately four acres of land from an existing 15 transportation netWork. The proposed Comprehensive Plan
16 neighborhood's in -fill compatibility land use to a 16 Amendment and zoning change are compatible with the
17 Community rvfixed Use Center Land Use designation. Ms. 17 surrounding neighborhood. That r s it If you have any
18 Chew Ie. 18 questions~ Irn take them now~
19 MS. CHEWLE: GOod evening, Commissioners. 19 COMMISSIONER STRANGE~ Anyone have any
20 I would like to present Item No. 4 Band 4C together since 20 questions of staff? Okay ~ If we have no questions, we
21 they're for the same property. 21 will open the public hearing. Is the applicant here and
22 COMMISSIONER STRANGE: okay. 22 do they wish to speak?
23 MS. CHEWLE: The applicant, Imperium 23 MS. TIBBITS: My name is Wes Tibbits. I'm
24 Holding from Dallas, Texas has applied for a Comprehensive 24 with Imperium Holding, 6350 LBJ FreeWay. As Supriya so
25 Plan Amendment and a zoning change on approximately four 25 eloquently spoke I really don ft have much to say at this
Page 50 Page 52
1 acres1 four-acre tract of land located at the Southwest 1 point. I'll make it brief. We are requesting a zoning
2 comer of the intersection of University Drive and Old 2 change of the 3.358 acre property located at the southwest
3 North Road. The applicant is requesting a Comprehensive 3 comer of U.S. 380, University Drive at Old North. Again,
4 Plan Amendment from an existing neighborhood's in -fill 4 this will be a zoning change from NRMU to the proposed
5 compatibility land use designation to a community mixed 5 zoning of CMG. ADd again~ the CMG zoning offers a better
6 use center land use designation. Properties to the north 6 utilization of the property with a higher and better use
7 are designated conununity mixed use centers on the future 7 for the immediate area since retail commercial activity
8 land use plan and the properties to the south and west are 8 will be limited at this intersection.
9 designated existing neighborhood in-fill compatibility. 9 The overpass east of the site restricts
10 To the east are employment centers. This is how it will 10 access off University to the northeast and southeast
11 look when -- if it's amended. The applicant is also 11 corners of University and Old North, therefore, the only
12 requesting a zoning change from neighborhood residential 12 commercial access off of University at this intersection
13 mixed use zoning district to conununity mixed use general 13 is to the northwest and southwest corners~ hnperium
14 zoning district. Properties to the north are zoned 14 Holdings is currently developing the property immediately
15 community mixed use general. Property to the south and 15 north of the 3.358 acre property. CMG zoning and
16 west are zoned neighborhood residential mixed use. And 16 Imperium t s control of both the northwest and southwest
17 properties to the east are zoned Employment Center 17 corners will create a unified plan of retail users and
18 Conunercial. 18 design serving as a gateway from the east into the City
19 Public notification was sent out to 19 and a unique opportunity for Denton. That's all I have to
20 properties within 200 feet and 500 feet of the subject 20 say. Thank you~ Any questions~
21 site. Staff received once response in favor of the 21 COMMISSIONER STRANGE: Anyone have any
22 application. The applicant wishes to develop uses such as 22 questions of the applicant? We have one card brought down
23 retail sales and services~ Restaurants, professional 23 without an item, but I believe because of the address this
24 offices ~ and drive-through facilities which are permitted 24 must be for the last item. Is Francis Reagan here?
25 within NRMU-zoning district but with limitations and 25 MS. CARPENTER: she just left.
PLANNING AND ZONING MEETING AUGUST 9TH, 2006
Page 49 - Page 52
Page 53 Page 55
1 COMMISSIONER STRANGE: I think she left. I 1
2 believe sbe turned ber card in for the \VI'ong item~' Is 2
3 there anyone here who wishes to speak on this item? 3
4 Anyone to speak against it? Staff. 4
5 MS. CARPENTER: Mr. Chairman, I want to add 5
6 for the Planning Commission that Comprehensive Planning 6
7 items must be submitted 90 days prior to the Planning and 7
8 Zoning Commission hearing them. This item was not 8
9 submitted 90 days in advance, however; the Code also 9
10 allows that a Comprehensive Plan Amendment may by taken 10
11 sooner than 90 days upon the recommendation of the City 11
12 Manager. And in fact, the City Manager did reconunend that 12
13 this Comprehensive Plan item be heard outside the 90 day 13
14 requirement. So it' s in conformance with the requirements 14
15 of the Denton Plan Amendment procedure. 15
16 COMMISSIONER STRANGE~ okay. With no one 16
17 to speak against i~ we will close the public hearing and 17
18 we will be considering Item No. 48, the Comprehensive Plan 18
19 Amendment. Do we have a motion on that item? 19
20 COMMISSIONER THOMAS: Mr. Chairman, I make 20
21 a motion that we approve this. 21
22 MS. ADELSTEIN: okay. We have a motion. 22
23 Do we bave a second? 23
24 COMMISSIONER EAGLETON: second. 24
25 COMMISSIONER STRANGE: We have a motion by 25
Page 54 Page 56
1 Mr. Thomas and a second by Mr. Eagleton. Any discus sian? 1
2 If not, please, vote. The item passes 5-0. 2
3 We will now consider Item No. 4C, and I 3
4 guess for the record, staff bas made a presentation but we 4
5 will need to open the public hearing. Do we have anyone 5
6 here who wishes to speak for or against this item? Seeing 6
7 none, we will close the public hearing. Do we have a 7
8 motion on Number 4C? 8
9 COMMISSIONER EAGLETON: r-dr. Chairman, I 9
10 make a motion that we pass Item No. 4C. 10
11 COMMISSIONER STRANGE: okay. Do we have a 11
12 second? 12
13 COMMISSIONER THIBODEAUX: second. 13
14 COMMISSIONER STRA.NGE: We have a motion by 14
15 Mr. Eagleton and a second by Dr. Thibodeaux. Any 15
16 discussion? Please, vote. And the item pas ses 5 -0. 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Con den selt 1M
PLANNING AND ZONING MEETING AUGUST 9m, 2006
Page 53 - Page 56
Con den selt 1M
Page 49 Page 51
1 COMMISSIONER STRANGE: Next item on the 1 specific use pennits. These uses are allowed without any
2 Agenda -- wet 11 wait just one second for anyone who wants 2 limitations or specific use permits within the community
3 to leave if they want to or you're welcome to stay if 3 mixed use general zoning district.
4 you'd like to. 4 Staff reconunends approval of the
5 UNIDENTIFIED SPEAKER: We were wondering if 5 Comprehensive Plan Amendment and the zoning change based
6 we could be included in the 500 foot notice. 6 on the following findings.
7 COMMISSIONER STRANGE~ No. And with a date 7 The proposed amendment from existing
8 certain we will not be renoticing -- the notice is this 8 neighborhood in-fill compatibility land use designation to
9 public forum and you'l1 have to pass that on to your 9 community mixed use centers land use designation is
10 neighbors and it will be up to the applicant to schedule 10 consistent with the Denton Plan, land use goals and
11 his neighborhood meeting and get with you-all. And then 11 princip les. The subject site is well located at an
12 as I say, you'll be welcome back here on September 13th. 12 intersection making it desirable for a development that
13 Next item on our public hearing is Item No. 13 promotes convenient and environmentally sound commercial
14 4B, which is a Comprehensive Plan Amendment for 14 opportunity that is easily accessible to the existing
15 approximately four acres of land from an existing 15 transportation netWork. The proposed Comprehensive Plan
16 neighborhood's in -fill compatibility land use to a 16 Amendment and zoning change are compatible with the
17 Community rvfixed Use Center Land Use designation. Ms. 17 surrounding neighborhood. That r s it If you have any
18 Chew Ie. 18 questions~ Irn take them now~
19 MS. CHEWLE: GOod evening, Commissioners. 19 COMMISSIONER STRANGE~ Anyone have any
20 I would like to present Item No. 4 Band 4C together since 20 questions of staff? Okay ~ If we have no questions, we
21 they're for the same property. 21 will open the public hearing. Is the applicant here and
22 COMMISSIONER STRANGE: okay. 22 do they wish to speak?
23 MS. CHEWLE: The applicant, Imperium 23 MS. TIBBITS: My name is Wes Tibbits. I'm
24 Holding from Dallas, Texas has applied for a Comprehensive 24 with Imperium Holding, 6350 LBJ FreeWay. As Supriya so
25 Plan Amendment and a zoning change on approximately four 25 eloquently spoke I really don ft have much to say at this
Page 50 Page 52
1 acres1 four-acre tract of land located at the Southwest 1 point. I'll make it brief. We are requesting a zoning
2 comer of the intersection of University Drive and Old 2 change of the 3.358 acre property located at the southwest
3 North Road. The applicant is requesting a Comprehensive 3 comer of U.S. 380, University Drive at Old North. Again,
4 Plan Amendment from an existing neighborhood's in -fill 4 this will be a zoning change from NRMU to the proposed
5 compatibility land use designation to a community mixed 5 zoning of CMG. ADd again~ the CMG zoning offers a better
6 use center land use designation. Properties to the north 6 utilization of the property with a higher and better use
7 are designated conununity mixed use centers on the future 7 for the immediate area since retail commercial activity
8 land use plan and the properties to the south and west are 8 will be limited at this intersection.
9 designated existing neighborhood in-fill compatibility. 9 The overpass east of the site restricts
10 To the east are employment centers. This is how it will 10 access off University to the northeast and southeast
11 look when -- if it's amended. The applicant is also 11 corners of University and Old North, therefore, the only
12 requesting a zoning change from neighborhood residential 12 commercial access off of University at this intersection
13 mixed use zoning district to conununity mixed use general 13 is to the northwest and southwest corners~ hnperium
14 zoning district. Properties to the north are zoned 14 Holdings is currently developing the property immediately
15 community mixed use general. Property to the south and 15 north of the 3.358 acre property. CMG zoning and
16 west are zoned neighborhood residential mixed use. And 16 Imperium t s control of both the northwest and southwest
17 properties to the east are zoned Employment Center 17 corners will create a unified plan of retail users and
18 Conunercial. 18 design serving as a gateway from the east into the City
19 Public notification was sent out to 19 and a unique opportunity for Denton. That's all I have to
20 properties within 200 feet and 500 feet of the subject 20 say. Thank you~ Any questions~
21 site. Staff received once response in favor of the 21 COMMISSIONER STRANGE: Anyone have any
22 application. The applicant wishes to develop uses such as 22 questions of the applicant? We have one card brought down
23 retail sales and services~ Restaurants, professional 23 without an item, but I believe because of the address this
24 offices ~ and drive-through facilities which are permitted 24 must be for the last item. Is Francis Reagan here?
25 within NRMU-zoning district but with limitations and 25 MS. CARPENTER: she just left.
PLANNING AND ZONING MEETING AUGUST 9TH, 2006
Page 49 - Page 52
Page 53 Page 55
1 COMMISSIONER STRANGE: I think she left. I 1
2 believe sbe turned ber card in for the \VI'ong item~' Is 2
3 there anyone here who wishes to speak on this item? 3
4 Anyone to speak against it? Staff. 4
5 MS. CARPENTER: Mr. Chairman, I want to add 5
6 for the Planning Commission that Comprehensive Planning 6
7 items must be submitted 90 days prior to the Planning and 7
8 Zoning Commission hearing them. This item was not 8
9 submitted 90 days in advance, however; the Code also 9
10 allows that a Comprehensive Plan Amendment may by taken 10
11 sooner than 90 days upon the recommendation of the City 11
12 Manager. And in fact, the City Manager did reconunend that 12
13 this Comprehensive Plan item be heard outside the 90 day 13
14 requirement. So it' s in conformance with the requirements 14
15 of the Denton Plan Amendment procedure. 15
16 COMMISSIONER STRANGE~ okay. With no one 16
17 to speak against i~ we will close the public hearing and 17
18 we will be considering Item No. 48, the Comprehensive Plan 18
19 Amendment. Do we have a motion on that item? 19
20 COMMISSIONER THOMAS: Mr. Chairman, I make 20
21 a motion that we approve this. 21
22 MS. ADELSTEIN: okay. We have a motion. 22
23 Do we bave a second? 23
24 COMMISSIONER EAGLETON: second. 24
25 COMMISSIONER STRANGE: We have a motion by 25
Page 54 Page 56
1 Mr. Thomas and a second by Mr. Eagleton. Any discus sian? 1
2 If not, please, vote. The item passes 5-0. 2
3 We will now consider Item No. 4C, and I 3
4 guess for the record, staff bas made a presentation but we 4
5 will need to open the public hearing. Do we have anyone 5
6 here who wishes to speak for or against this item? Seeing 6
7 none, we will close the public hearing. Do we have a 7
8 motion on Number 4C? 8
9 COMMISSIONER EAGLETON: r-dr. Chairman, I 9
10 make a motion that we pass Item No. 4C. 10
11 COMMISSIONER STRANGE: okay. Do we have a 11
12 second? 12
13 COMMISSIONER THIBODEAUX: second. 13
14 COMMISSIONER STRA.NGE: We have a motion by 14
15 Mr. Eagleton and a second by Dr. Thibodeaux. Any 15
16 discussion? Please, vote. And the item pas ses 5 -0. 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Con den selt 1M
PLANNING AND ZONING MEETING AUGUST 9m, 2006
Page 53 - Page 56
S :\Our Documents\Ordinances\06\CA06-0007.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORAN AMENDMENT
TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE
CITY OF DENTON, TEXAS FOR 3.358-ACRES OF LAND LOCATED ON THE SOUTHWEST
CORNER OF UNNERSITY DRIVE AND OLD NORTH ROAD, AND LEGALLY DESCRIBED
AS TRACT 1 OF THE W. LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIl\1UM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY
AND AN EFFECTNE DATE. (CA06-0007)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-2020;
and
WHEREAS, Imperium Holding L.P. has applied for an amendment to the Land Use element
of the Denton Plan for 3.358 acres of land from "Existing Neighborhoods/ Intill Compatibility" land
use designation to "Community Mixed Use Centers" land use designation; and
WHEREAS, on August 9, 2006, the Planning and Zoning Commission recommended
approval of the Land Use Plan Amendment; and
WHEREAS, the City Council finds that the Land Use Plan Amendment is in the best
interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Land Use Plan is hereby amended for 3.358 acres attached hereto as
Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A"
(the "Property"), which is attached hereto and incorporated herein by reference. Notwithstanding the
above real property description, the property being rezoned includes all property to the centerline of
all adjacent street rights-of-way.."
SECTION 2. The City's official land use map is amended to show the change in the land use
designation from HExisting Neighborhoods/ Infill Compatibilitylf land use designation to
"Community Mixed Use Centers" land use designation.
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. 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.
PASSED AND APPROVED this the ~ day of
, 2006.
PERRYR~ McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN ~~~->-aJY A.T~TORNEY
.----
./~/
b.--~---~ ~--~--.-
~~'-_."~'--=-" ~. c._'-~. __~
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
3.358 ACRES
BEING all that certain lot, tract, or parcel of land situated in the W~ Lloyd Survey Abstract Number 773 in
the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Hue
Leita Fry to Hayden Fry recorded in Volume 3090, Page 309, Real Property Recordst Denton County,
l'exas, and being more particularly descnoed as follows:
BEGJNNING at an iron rod found for corner in the south line of East University Drive (also known as
United States Highway Number 380), a public roadway, said point being the northeast comer of that certain
tract of land conveyed by deed from Denton Village East Apartments, L. P. to M & A Texas VE, LTD
recorded in Volume 5344, Page 3719, Real Property Records, Denton County, Texas;
THENCE along the arc of a curve to the right having a central angle of 05" 38' 45", a radius of 3744..33
feet, an arc length of 368.96 feet, whose chord bears S 690 2 t r 11" B, 368481 feet with said south line of .
said East University Drive to concrete monument for comer at a right-of-way flare;
THENCE S 280 32' 12" E, 134.47 feet with said rigbt...of-way flare to a right~f-way disc found for comer
in the west line of Old the northeast comer of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE S 010 23' 29" W, 184402 feet with said west line of said Old North Road to an iron rod formd fur
comer, said point being the northeast comer of that certain tract of land conveyed by deed ftom Allie I.
Miller and wife, Mary B_ Miller to Miller Family Trust, L TD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas; <
THENCE N 899 39' O6lt W, 429.80 feet with the north line of said Miller Family Trost tract to an iron rod
found for comer in the east line of said M & A Texas tract;
T.HENCE N 069 42' 56" W., 57412 feet with said east line of said M & A Texas tract to an iron rod fowd
for comer;
THENCE N 780 11' 27n E, 20..78 feet with said east line of said M & A Texas tract to an iron rod found for
comer;
THENCE N 010 441 43'1 E, 368~72 feet with said east line of said M & A Texas tract to the PLACE OF
BEGINNING and containing 3~358 acres of land.
PAGE 3
EXHIBIT B
PAGE 4
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Planning and Development Department
eM: Howard Martin, 349-8232 ..
SUBJECT
Hold a Public hearing and consider adoption of an ordinance regarding the rezoning of
approximately 4 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning
district to a Community Mixed Use General (CM-G) zoning district. The property is located on
the southwest corner of the intersection of University Drive and Old North Road. (Z06-0012)
The Planning and Zoning Commission recommends approval (5-0).
BACKGROUND
Applicant: Imperium Holdings, LP Dallas, TX
In an associated request, case# CA06-0007, the applicant is requesting a Comprehensive Plan
amendment from an "Existing Neighborhoods/ Infill Compatibility" land use designation to
"Community Mixed Use Centers" land use designation. That case is being processed
concurrently with this rezoning request.
Public notification and property owner responses are provided in Attachment 3. As of this
writing, staff has not received any responses from property owners within 200 feet of the subject
site.
Staff recommends approval of Z06-00 12 based on the following findings:
1. The proposed use is compatible with the surrounding neighborhood.
2. The proposed zoning change is compatible with the Denton Plan and the Development
Code.
OPTIONS
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (5-0).
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
No prior development applications for the subject site have been submitted.
EXHIBITS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Planning and Zoning Meeting Minutes
7. Ordinance
Prepared by
Supriya Chewle
Planner II
Respectfully submitted,
Kelly Carpenter, AICP
Planning and Development Director
EXHIBIT 1
Staff Analysis
Summary of Zoning Request
The applicant is requesting to rezone approximately 4 acres of land from a Neighborhood
Residential Mixed Use (NRMU) zoning district to a Commercial Mixed Use General (CM-G)
zoning district.
The subject site is located adjacent to existing Community Mixed Use General (CM-G) zoning
district encompassing approximately 14 acres, which are currently vacant. Staff has received
plans for one lot encompassing approximately one acre. This property is within Community
Mixed Use Centers land use designation and was amended from Existing Neighborhoods/ Infill
Compatibility land use designation and zoned as Community Mixed Use General zoning district.
The request was approved by City Council in October 2002.
Existing Condition of Property
The property is currently vacant and unplatted.
Property History.
December 7, 1999 - The subject property was placed into the 'Existing Neighborhood/Infill
Compatibility' land use designation.
February 20, 2002 - The subject property was rezoned to the Neighborhood Residential Mixed
Use Residential (NRMU) zoning district.
Adjacent zoning:
North:
South and West:
East:
Community Mixed Use General (CM-G)
Neighborhood Residential Mixed Use (NRMU)
Employment Center Commercial (EC-C)
Adjacent land use designations
North: Community Mixed Use Centers
South and West: Existing Neighborhoods/Infill Compatibility
East: Employment Centers
Comprehensive Plan Analysis
The subject site is located in the "Existing Residential / Infill Compatibility" future land use area
of the Denton Plan. According to the Denton Plan,
Within established residential areas, new development should respond to existing development
with compatible land uses, patterns, and design standards. The plan recommends that existing
neighborhoods within the city be vigorously protected and preserved. Housing that is compatible
with the existing density, neighborhood service, and commercial land uses is allowed.
According to the Denton Plan, Community Mixed-Use Activity Center reads as follows:
The focus area of a community activity center contains the shopping, services, recreation,
employment, and institutional facilities that are required and supported by the surrounding
community. Thus, a community activity center could contain a supermarket, drug store, specialty
shops, service stations, one or more large places of worship, a community park, midsize offices,
and employers, high- to moderate density housing, and perhaps an elementary or middle school.
It includes vertically integrated uses where different uses may occur on each floor of the
building.
The Denton Plan suggests a typical
service area for a Community Mixed-Use
Activity Center node, which includes
both CM-G and CM-E zoning districts, of
up to eight (8) square miles, and a typical
land area of up to thirty (30) acres. The
existing CM-G parcels on University
Drive and Old North Road northwest
intersection (Node # 1) total
approximately 4 acres, and are currently
undeveloped. Map # 1 depicts the
potential service area of the existing CM-
G parcels.
Another existing Community Mixed-Use
Activity Center node exists within close
proximity to the proposed site. This node
totals approximately 50 acres and Map# 2
depicts the service area for this node as
well as Node # 1. The service area of
Node # 2 actually covers the service area
of Node # 1.
If ~^ :',":-._" *',:~->f<>,' ~~~"~?~;~p_~:';'~iI
L'" ";,,,,",:", "'~~."" .'~I;,il :!!1r.ii~,
it":, ...'.".:.. ~:.;~ ?>~-;:,::~:~~~~'ill
',:r;";<~:X{":_:' " -: ~J fFhg;" ;~:.." :. ;::::':~ ;' ,;r, " L""/~~"I' ,;, 1:1':' .
" . .. ',:. '. ~:. -'" ..,:5/:.J'~"., ". .r... ,,' ,I ~ '-:-:- ... .' .' '..'... .' +. ..~ fi ~
!'.::.;',' "='.'t:.'~<: ;r~<..' ::;:~.~~.;::~.::..~::<.~~; ;'~ .>~..~; ~ ',~=.~~~~ '~':\: ~I"'II!W ): ~)J
. ',," '..~'. ;-'.'"::1''.'_''' ~l.' .... ~ -~.~ '::i:.\..~t ,II' !::o,.H
>'~~'~~~II:ltu~~[~~~i~~ i'~;i~~Ji
a~~~: .... ~:. ~ ~"~~<:>~'ll'."', '~~l~JIIIII!I!ii,,_;;i 'dig':
~lt~,~l~"~~1",-~'! J~I~~ ....:~t Il; . ~i~~1
;: 1t.8::.'~. - '''. .q~i .'. i. .':':; ,.,.1 =:Wt.'~.~. ~ ;'12 I
' . . ':dt>.. -:~.~lo-.~. ~'ft_. '.' ......",,: -!>: .~. :. ;" . _ l!P1~~~' A~ i&-.;.~
'.u '.:. '..4. : .~,*\::-. ''''. ... 1.('..... . ~;WY_'-:4~
.'.: .Ai~ :.. . _~~~~:-- .......: '.-: ~, . .~.~~..:' .~~ ~-.v~,;.1I!IJ:" .
.) 4". ~ -iN. .... ."". '. . - ~ _~ r-
~ ~. ':".'.:". -.. . - ~.. ~ /: ..j""I:~:: ; :~~. ":~. ". :'. ."-'.: ~~. '. .:'..' . ....'.~} ~
,j' . ..jl . . . .F. ~ .-~_'"'' .. . 1:II~'__v,,:r-. :~I
Map # 1
Map # 2
Map # 3 identifies the service area of the
proposed amendment. The service area of
Node # 1 and Node # 2 already service
this area to be serviced by the proposed
amendment site.
Map # 3
The Denton Plan also discusses other goals and strategies for organization of commercial
development.
1. To provide for reasonable amounts and distribution of various types of commercial land
use in attractive and well-located settings. (p. 47)
University Drive is one of the major corridors of the city. The subject site is well located
at the intersection making it a very desirable site for a quality development that provides
convenient, and environmentally sound commercial opportunity that is easily accessible
to the existing transportation network.
2. To maintain, intensify, and/or expand existing commercial areas, where appropriate,
while removing commercial uses from, and stopping intrusions into, areas not
appropriate for commercial use.
The subject site has properties adjacent to it that are zoned for commercial uses. The
location of this property is appropriate for commercial development.
3. To locate neighborhood-oriented, commercial activities conveniently to dwelling units in
order to minimize the need for frequent automobile trips for everyday household needs.
As University is one of the major corridors of the city it is the intent of the city to make
University Drive a focal point of the city. Currently, Loop 288 is highly attractive for
development and the infrastructure is inadequate. Therefore, by rezoning this site to
allow higher density commercial development the city may create a tax base with
multiple revenue sources and try to distribute the commercial activity centers to other
areas in the city in addition to Loop 288. Thus, while this amendment does not strictly
meet the CM-G service area radius, it does meet other plan goals associated with major
corridors.
Development Review Analysis
Access
Access to the subject site is from Old North Road, which is classified as a Collector. The
driveway that exists on University Drive will need to be removed or a TxDOT access permit will
be required. To obtain a direct access to this site from University Drive a Trip Generation Study
showing 5000 vehicle trips per day will be required.
Public Infrastructure
Public utilities are available to serve the site.
Development Code / Zoning Analysis
The comparison between uses permitted in NRMU and CM-G zoning districts are provided in
the following charts. Retail Sales and Services, Restaurants, Professional offices, and Drive
through facilities are permitted within NRMU zoning district but with Limitations or Specific
Use Permit (SUP). All these uses are permitted without limitations within the Community Mixed
Use General (CM-G) zoning district.
The chart below illustrates the difference between the two zoning districts. Limitations for each
use are explained following the last chart.
Residential Land Use Categories NRMU CM-G
Attached Single Family Dwellings L( 40) N
Group Homes SUP N
Multi-Family Dwellings SUP L(6)
L(4) & L( 4)
.--
Commercial Land Use Categories NRMU <3M-G
Home Occupation P N
Motels N P
Retail Sales and Service L( 1 7) P
Movie Theaters N SUP
Restaurant or Private Club L( 11 ) P
Drive-through Facility SUP P
Professional Services and Offices L( 1 7) P
Quick Vehicle Servicing SUP P
Vehicle Repair N P
Auto and RV Sales N P
Outdoor Recreation SUP P
Indoor Recreation N P
Maj or Event Entertainment N SUP
Commercial Parking Lots N P
Administrative or Research Facilities L( 14 ) P
Broadcasting of Production Studio L( 14 ) P
IlIsllilllllliollal 1malll .SI .allllOllils .... ..-11
Basic Utilities L(25) SUP
Business / Trade School L( 14) P
Kindergarten, Elementary School P N
Middle School P N
High School SUP N
Colleges N P
Elderly Housing P N
Mortuaries N P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited
as defined in Section 35.5.8
L(4) = Multi-Family is permitted only:
1. With a Specific Use Permit: or
2. As part of a Mixed-use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year prior to the
effective date of Ordinance No. 2005-224; or
5. If allow by a City Council approved neighborhood ( small area) plan.
L( 6) = Permitted only on 2nd story and above, when an office, retail, or other permitted commercial use is on the
ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required.
L(ll) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no
more than 4,000 square feet of restaurant area.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may
be larger with approval of an SUP.
L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required
in this zone.
L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit.
35.5.2.3 General Regulations.
General regulations of the Residential Neighborhood land use zone are contained in the table
below:
The following limits apply to subdivision of 2 acres or less:
1I111111al .lllIlalliolls .... ..-11
Minimum lot area (square feet) 2,500 2,500
Minimum lot width 20 feet 50 feet
Minimum lot depth 50 feet 50 feet
Minimum front yard setback None None
Minimum side yard 6 feet None
Minimum side yard adjacent to a street None None
Minimum rear yard None None
The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and
dimension requirements:
Maximum density, dwelling units per acre
Minimum side yard for non-attached buildings
The following limits apply to all buildings:
General Regulations I NRMII CM-G
Maximum FAR None 1.5
Minimum residential unit size None 500 SF
Maximum lot coverage 80% 80%
Minimum landscaped area 20% 20%
Maximum building height 65 feet 65 feet
Minimum yard when abutting 20 feet plus 1 foot for 20 feet, plus 1 foot for
a single-family use or district each foot of building each foot of building
height above 20 feet height above 30 feet
EXHIBIT 2
Location/ Existing Zoning Map
Proposed Zoning Map
NORTH
...GO
EXHIBIT 3
Public Notification Map
NORTH
Public Notification Date: July 27/ 2006
200/ Legal Notices* sent via Certified Mail: 5
500/ Courtesy Notices mailed: 15
Number of responses to 200/ Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
EXHIBIT 4
Site Photographs
Subject Site from Old North Road.
Property located to the North of subject site.
Subject Site from University Drive.
University Dr. & Old North Rd. intersection
Aerial Photo
EXHIBIT 5
Letter of Intent
___J
1\1:........
:: . )
-: ~.
. '.., ...:... . ~
'1'..-'
;::; ..:....
:::. . .
1....
.- P B- 1\ I -
~' ." "'., 07 , ,.', ':: ,:' ,', '~ , 'IJ.'" :;'/ ' : '" ;. 0<, ~' , II - ", .,", -- .
" 0' ~ " ',' " , : '" . . ,', · ' , ' ' ., " ' "
M ft~liDt:Q, ''..' , ;lI!LfA~'I"" I~"",, )L~" ,-
_.'~~~~~lc'l ,'_ _ .SW~'~~~ ~~6
....................................................................~
. ~:
May 3,2006
City of Denton
City Hall West
221 N. Elm Street
Denton, TX 76201
RE: Old North Crossing - Re-zoning submittal
To the City of Denton:
We respectfully request a zoning change of the 3.358-acre property located at the southwest corner of US
380 (University Drive) at Old North Road. The following is information that corresponds to the zoning
application checklist:
· Existing zoning: NR-MU
· Proposed zoning: CM-G
· Justification for the request:
CM -G zoning offers better utilization of the property with a higher and better use for the
immediate area since retail-commercial activity will be limited at this intersection. The overpass
east of the site restricts access off University to the northeast and southeast comers of University
and Old North. Therefore, the only commercial access off University at this intersection is to the
northwest and southwest corners. The current NR-MU zoning will not allow for uses such as
Retail Sales and Service, Restaurants, or Drive-through Facilities that CM -G will permit.
The proposed uses under CM-G zoning will have negligible impact to existing thoroughfare due to
the limited size and intended use (CM -G) of the site. There are no environmentally sensitive areas
on the site and the site is not within the 100- year flood plain. A utility assessment was conducted
to evaluate service to the site for the proposed zoning use and the evaluation concluded ample
utility size and capacity for the proposed zoning use classification. There are no schools within
proximity of the site and the proposed zoning will not be a burden to the ISD.
Imperium Holdings, LP (applicant) is currently developing the property immediately north of the
3.358-acre property. CM-G zoning and Imperium's control of both the northwest and southwest
comers will create a unified plan of retail uses and design serving as a gateway from the east into
the City and a unique opportunity for Denton.
· Legal description: see attachment
· Location map: see attachment
1.. ..
.. :"'.- .-.
:~......
..w.
"0. "..
~ . ~ -.- .
....................................
..................................................................'"f:
Page 2
5/3/06
Thank you again. We look forward to our continued endeavors within the City of Denton.
Stephen Edward Schattner
CC: Marc Lebowitz
Adam Stein
Wes Schattner
Thomas Glendenning
Enclosures:
Legal description
Aerials
Zoning Plan with location map (attached)
Proposed utility plan
Zoning Plan with location map (10 copies included)
Survey with location map (electronic copy on CD included)
"".:~~
~
1.. ..
.. :"'.- .-.
:~......
..w.
"0. "..
~ . ~ -.- .
....................................
..................................................................'"f:
Page 3
5/3/06
LEGAL DESCRIPTION
3.358 ACRES
BEING all that certain lot, tract, or parcel of land situated in the W. Lloyd Survey Abstract Number 773 in
the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Hue
Leita Fry to Hayden Fry recorded in Volume 3090, Page 309, Real Property Records, Denton County,
Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for comer in the south line of East University Drive (also known as
United States Highway Number 380), a public roadway, said point being the northeast corner of that certain
tract of land conveyed by deed from Denton Village East Apartments, L. P. to M & A Texas VE, LTD
recorded in Volume 5344, Page 3719, Real Property Records, Denton County, Texas;
THENCE along the arc of a curve to the right having a central angle of 050 38' 45", a radius of 3744.33
feet, an arc length of 368.96 feet, whose chord bears S 690 21' 11" E, 368.81 feet with said south line of
said East University Drive to concrete monument for corner at a right-of-way flare;
THENCE S 280 32' 12" E, 134.47 feet with said right-of-way flare to a right-of-way disc found for corner
in the west line of Old the northeast corner of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE S 010 23' 29" W, 184.02 feet with said west line of said Old North Road to an iron rod found for
corner, said point being the northeast corner of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE N 890 39' 06" W, 429.80 feet with the north line of said Miller Family Trust tract to an iron rod
found for comer in the east line of said M & A Texas tract;
THENCE N 060 42' 56" W, 57.12 feet with said east line of said M & A Texas tract to an iron rod found
for corner;
THENCE N 780 11' 27" E, 20.78 feet with said east line of said M & A Texas tract to an iron rod found for
corner;
THENCE N 010 44' 43" E, 368.72 feet with said east line of said M & A Texas tract to the PLACE OF
BEGINNING and containing 3.358 acres of land.
1.. ..
.. :"'.- .-.
:~......
..w.
"0. "..
~ . ~ -.- .
...................................
................................................................'"f:
Page 4
5/3/06
AERIALS
1.. ..
.. :"'.- .-.
:~........
..w.
"0. "..
~ . ~ -.- .
...............................
........................................................'"f:
Page 5
5/3/06
ZONING PLAN
',y 1"'Q.h:
C.
. ...
:" '..1
: .;
.~:~ Itl:
~: II",'
:r:,:,~' ; H
~ ':.: P4;
. , . .:j
~
.'1 ..rJ;
..z :0
.'~~ ~
0: ~
C
~,
o
tQ
~.
~
~~
~'.
~.'
ICL(
~
~.
. .. ..
. ..
. . . ...
; :" ": .
. .. ... .
. YI ~ . .'
~. .~: :' : .... . ::
. -:: "..: . :".":
.. . .
.. . .. . . . ~
. ....
. ... .. . . .
. .
: ;....
... . .
. . ..
~. :.. . !
. .:.. ;:..:. . '.. . ~
. ...... -: ...
... ..
=-". .. . .: ..
. .. .
<"".' II, Li Ii: , !8J
, r ~i !IO, JII
I ~~~ , ' aJ ' k
~: 1ii -4
~ ....
~ .""' ,
· ,: ' 'ii.' " ,",'. '
...:.
~:", :"':I"~ J ~:': Y' ....h.:...: ....Y.I: :>. ,. '_1> ~'''I'''': I .:i'!: · :
, "1 J .. .. / ... .
. .. .. . .. .
. .. . . ..
. . . ..
. . . . . .. .
. . -: . .: . . :: :: . . .
. . : : ... :.: X:
I.' :;: I.:: .' : .' :. : : II. :. J:. i . :I~.: :
.. . . a .... .. 1/.
!.I: 'I : -: : :11: Ilr 'ilt.; Il: milIa:' i .I[tll' I".j Ii 1111: :
.. .. .,.. . r H 1. 11111"1.,'1 ~II'
~ I Jt.: ': ~i- ,: : : '. D.iili: 'Il : !I~ ; :' :
'1' ~ t
:.;: :1' :; .'
::-;' .i::' 'J' . t: ~ .,:
,1:3.. .-: (. .. '1 "J .'
. . . .. .
.. ~. .
x . .". .
.. .. . .
....: . .. "-: :
. . . ...
. . . . .
. . . . ...
. . ./ '1' .. .'. :. .
t~ '1ft 'dli :"'11' Bill III
==
~
1.. ..
.. :"'.- .-.
:~.....
..w.
"0. "..
~ . ~ -.- .
....................................
..................................................................'"f:
Page 6
5/3/06
UTILITY PLAN
"".:~~
~
Con den selt 1M
EXHIBIT 6 - P & Z MEETING MINUTES
Page 49 Page 51
1 COMMISSIONER STRANGE: Next item on the 1 specific use pennits. These uses are allowed without any
2 Agenda -- wet 11 wait just one second for anyone who wants 2 limitations or specific use permits within the community
3 to leave if they want to or you're welcome to stay if 3 mixed use general zoning district.
4 you'd like to. 4 Staff reconunends approval of the
5 UNIDENTIFIED SPEAKER: We were wondering if 5 Comprehensive Plan Amendment and the zoning change based
6 we could be included in the 500 foot notice. 6 on the following findings.
7 COMMISSIONER STRANGE~ No. And with a date 7 The proposed amendment from existing
8 certain we will not be renoticing -- the notice is this 8 neighborhood in-fill compatibility land use designation to
9 public forum and you'l1 have to pass that on to your 9 community mixed use centers land use designation is
10 neighbors and it will be up to the applicant to schedule 10 consistent with the Denton Plan, land use goals and
11 his neighborhood meeting and get with you-all. And then 11 princip les. The subject site is well located at an
12 as I say, you'll be welcome back here on September 13th. 12 intersection making it desirable for a development that
13 Next item on our public hearing is Item No. 13 promotes convenient and environmentally sound commercial
14 4B, which is a Comprehensive Plan Amendment for 14 opportunity that is easily accessible to the existing
15 approximately four acres of land from an existing 15 transportation netWork. The proposed Comprehensive Plan
16 neighborhood's in -fill compatibility land use to a 16 Amendment and zoning change are compatible with the
17 Community rvfixed Use Center Land Use designation. Ms. 17 surrounding neighborhood. That r s it If you have any
18 Chew Ie. 18 questions~ Irn take them now~
19 MS. CHEWLE: GOod evening, Commissioners. 19 COMMISSIONER STRANGE~ Anyone have any
20 I would like to present Item No. 4 Band 4C together since 20 questions of staff? Okay ~ If we have no questions, we
21 they're for the same property. 21 will open the public hearing. Is the applicant here and
22 COMMISSIONER STRANGE: okay. 22 do they wish to speak?
23 MS. CHEWLE: The applicant, Imperium 23 MS. TIBBITS: My name is Wes Tibbits. I'm
24 Holding from Dallas, Texas has applied for a Comprehensive 24 with Imperium Holding, 6350 LBJ FreeWay. As Supriya so
25 Plan Amendment and a zoning change on approximately four 25 eloquently spoke I really don ft have much to say at this
Page 50 Page 52
1 acres1 four-acre tract of land located at the Southwest 1 point. I'll make it brief. We are requesting a zoning
2 comer of the intersection of University Drive and Old 2 change of the 3.358 acre property located at the southwest
3 North Road. The applicant is requesting a Comprehensive 3 comer of U.S. 380, University Drive at Old North. Again,
4 Plan Amendment from an existing neighborhood's in -fill 4 this will be a zoning change from NRMU to the proposed
5 compatibility land use designation to a community mixed 5 zoning of CMG. ADd again~ the CMG zoning offers a better
6 use center land use designation. Properties to the north 6 utilization of the property with a higher and better use
7 are designated conununity mixed use centers on the future 7 for the immediate area since retail commercial activity
8 land use plan and the properties to the south and west are 8 will be limited at this intersection.
9 designated existing neighborhood in-fill compatibility. 9 The overpass east of the site restricts
10 To the east are employment centers. This is how it will 10 access off University to the northeast and southeast
11 look when -- if it's amended. The applicant is also 11 corners of University and Old North, therefore, the only
12 requesting a zoning change from neighborhood residential 12 commercial access off of University at this intersection
13 mixed use zoning district to conununity mixed use general 13 is to the northwest and southwest corners~ hnperium
14 zoning district. Properties to the north are zoned 14 Holdings is currently developing the property immediately
15 community mixed use general. Property to the south and 15 north of the 3.358 acre property. CMG zoning and
16 west are zoned neighborhood residential mixed use. And 16 Imperium t s control of both the northwest and southwest
17 properties to the east are zoned Employment Center 17 corners will create a unified plan of retail users and
18 Conunercial. 18 design serving as a gateway from the east into the City
19 Public notification was sent out to 19 and a unique opportunity for Denton. That's all I have to
20 properties within 200 feet and 500 feet of the subject 20 say. Thank you~ Any questions~
21 site. Staff received once response in favor of the 21 COMMISSIONER STRANGE: Anyone have any
22 application. The applicant wishes to develop uses such as 22 questions of the applicant? We have one card brought down
23 retail sales and services~ Restaurants, professional 23 without an item, but I believe because of the address this
24 offices ~ and drive-through facilities which are permitted 24 must be for the last item. Is Francis Reagan here?
25 within NRMU-zoning district but with limitations and 25 MS. CARPENTER: she just left.
PLANNING AND ZONING MEETING AUGUST 9TH, 2006
Page 49 - Page 52
Page 53 Page 55
1 COMMISSIONER STRANGE: I think she left. I 1
2 believe sbe turned ber card in for the \VI'ong item~' Is 2
3 there anyone here who wishes to speak on this item? 3
4 Anyone to speak against it? Staff. 4
5 MS. CARPENTER: Mr. Chairman, I want to add 5
6 for the Planning Commission that Comprehensive Planning 6
7 items must be submitted 90 days prior to the Planning and 7
8 Zoning Commission hearing them. This item was not 8
9 submitted 90 days in advance, however; the Code also 9
10 allows that a Comprehensive Plan Amendment may by taken 10
11 sooner than 90 days upon the recommendation of the City 11
12 Manager. And in fact, the City Manager did reconunend that 12
13 this Comprehensive Plan item be heard outside the 90 day 13
14 requirement. So it' s in conformance with the requirements 14
15 of the Denton Plan Amendment procedure. 15
16 COMMISSIONER STRANGE~ okay. With no one 16
17 to speak against i~ we will close the public hearing and 17
18 we will be considering Item No. 48, the Comprehensive Plan 18
19 Amendment. Do we have a motion on that item? 19
20 COMMISSIONER THOMAS: Mr. Chairman, I make 20
21 a motion that we approve this. 21
22 MS. ADELSTEIN: okay. We have a motion. 22
23 Do we bave a second? 23
24 COMMISSIONER EAGLETON: second. 24
25 COMMISSIONER STRANGE: We have a motion by 25
Page 54 Page 56
1 Mr. Thomas and a second by Mr. Eagleton. Any discus sian? 1
2 If not, please, vote. The item passes 5-0. 2
3 We will now consider Item No. 4C, and I 3
4 guess for the record, staff bas made a presentation but we 4
5 will need to open the public hearing. Do we have anyone 5
6 here who wishes to speak for or against this item? Seeing 6
7 none, we will close the public hearing. Do we have a 7
8 motion on Number 4C? 8
9 COMMISSIONER EAGLETON: r-dr. Chairman, I 9
10 make a motion that we pass Item No. 4C. 10
11 COMMISSIONER STRANGE: okay. Do we have a 11
12 second? 12
13 COMMISSIONER THIBODEAUX: second. 13
14 COMMISSIONER STRA.NGE: We have a motion by 14
15 Mr. Eagleton and a second by Dr. Thibodeaux. Any 15
16 discussion? Please, vote. And the item pas ses 5 -0. 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Con den selt 1M
PLANNING AND ZONING MEETING AUGUST 9m, 2006
Page 53 - Page 56
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
TO A COMMUNITY MIXED USE GENERAL (eM-G) ZONING DISTRICT, ENCOIvlP AS SING
3.358-ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF UNNERSITY
DRIVE AND OLD NORTH ROAD AND LEGALLY DESCRIBED AS TRACT 1, OF THE W.
LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTNE DATE. (Z06-
0012)
WHEREAS, Imperium Holding L.P. has applied for a change in zoning for approximately
3.58 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district
classification and use designation to Community Mixed Use General (CM-G) zoning district
classification and use designation; and
WHEREAS, on August 9, 2006, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds thatthe change is consistent 'Yith the Denton Plan and the
Development Code; 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 zoning district classification and use designation is hereby changed from
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation to
Community Mixed Use General (CM -G) zoning district classification and use designation for 3.358
acres ofland platted in the City of Denton, Denton County, Texas as Tract I of the W. Lloyd Survey,
Abstract Number 773, more particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference. Notwithstanding the above real property description, the property
being rezoned includes all property to the centerline of all adjacent street rights-of-way. "
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,OOO~OO.. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. 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 S
--- -~- ~7
-- ~ -"";:'--'- ~..- -
/>/---:~;;:~ ~~_~::~::::'~>r:.;>--- --
---------~-~-
(---------------
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
3.358 ACRES
BEING all that certain lot, tract, or parcel orland situated in the W. Lloyd Survey Abstract Number 773 in
the City of Denton, Denton COWlty, Texas, being all that certain tract of land conveyed by deed from Hue
Leita Fry to Hayden Fry recorded in Volume 3090, Page 309t Real Property Records,. Denton County,
"rexas, and being more particularly descnoed as follows:
BEGINNING at an iron rod found for corner in the south line of East University Drive (also known as
United States Highway Number 380), a public roadway, said point being the northeast corner of that certain
tract of land conveyed by deed :from Denton Village East Apartments, L~ P. to M & A Texas VB, L TO
recorded in Volume 5344, Page 3719, Real Property Records, Denton County, Texas;
THENCE along the arc of a cmve to the right having a central angle of 058 38' 45", a radius of 3744..33
feet, an arc length of 3 68 ~96 feet, whose chord bears S 690 21 t 11 n E, 3 68 ~ 81 feet with said south line of
said East University Drive to concrete monument for corner at a right-of-way flare;
TH'ENCE S 280 32' 12" E, 134,,47 feet with said right-of-way flare to a right-of-way disc found for comer
in the west line of Old the northeast comer of that certain tract of land conveyed by deed from Allie I..
Miller and wife, Mary B.. Miller to Miller Family Trust., LID, recorded in Volume 4086, Page 688, Real
Property Records, Denton County~ Texas;
THENCE S 01323' 29" W~ 184~02 feet with said west line of said Old North Road to an iron rod found for
comer, said point being the northeast comer of th~t certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B.. Miller to Miller Family Trust, LID, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE N 890 39' 06" W, 429.80 feet with the north line of said Miller Family Trost tract to an iron rod
found for comer in the east line of said M & A Texas tract;
THENCE N 060 42' 56" W, 57.12 feet with said east line of said M & A Texas tract to an iron rod found
for comer;
THENCE N 780 lIt 27.' E, 20~78 feet with said east line of said M & A Texas tract to an iron rod fOlUld for
comer;
THENCE N 010 44143" E, 368a72 feet willI said east line of said M & A Texas tract to the PLACE OF
BEGINNING and containing 3.358 acres of land.
PAGE 3
...
EXHIBIT B
PAGE 4
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
CM:
Planning and Development .
Howard Martin, 349-8232 ~ ..
DEP ARTMENT:
SUBJECT
Hold a public hearing and consider adopting an ordinance amending Subchapters 7 and
23 of the Denton Development Code relating to infill and redevelopment regulations.
(DCA05-0005) The Planning Commission recommends approval (7-0.)
BACKGROUND
During a 2004 discussion, the City Council directed staff to identify those vacant infill
lots less than ~ acre that might be available for acquisition, assembly and land banking.
Between July-November 2004, staff identified over 100 vacant ~ acre and tax delinquent
properties. No action has been taken on those lots. Utilities staff was directed to
examine whether or not the impact fee discount program could be structured to apply to
all infill development. Staff provided a briefing to the City Council on impact fees as it
related to infill policies on January 25, 2005. Staff recommended that such incentive
programs should be based upon budgeting funds to cover impact fees rather than waving
impact fees due to the legal implications of applying impact fees to some users and not to
other users.
Following the March 2004 discussion, staff prepared a draft set of infill regulations for
further discussion and review. Attachment 1 sets forth an infill program that included
actions that the City can take as well as a set of Development Code amendments.
Staff has met with and spoken to developers in Denton, the Chamber, the Denton
Housing Coalition, and Community Development staff in order to identify specific infill
issues with the Development Code. All of those groups identified their inability to
complete infill development under the current regulations. A summary of these issues is
provided in Attachment 2. In short, the site design and subdivision regulations were
identified as the major barriers.
At the July 19, 2005 meeting, Council directed that the proposed infill regulations be
taken to the Planning and Zoning Commission for its consideration. The Planning and
Zoning Commission agendas for August 10, September 14, September 28, October 26
and November 9 included the Infill Regulations. The Planning and Zoning Commission
worked hard at decisions concerning the maximum size of an infill lot and on the
boundaries of the infill area. The Planning and Zoning Commission recommended
approval to the Council of the proposed amendments at its December 14, 2005 meeting.
Addressing the comments of city departments, the Chamber and others, we find the
following have been addressed by the proposed amendments:
1. The proposed infill regulations allow tandem driveways
2. The proposed infill regulations allow sidewalk construction to be waived
3. The proposed infill regulations allow zero lot line lots
4. The proposed infill regulations do not waive impact fees for infilllots
5. Setbacks are proposed to be compatible with surrounding neighborhood
6. An infill development boundary is proposed
7. A more specific definition of infill is proposed
During a work session on January 23, 2006, the Council discussed the infill regulations.
At that time the major issues were as follows:
. Impact Fees: The utilities department should not offer a discount but it should be
available for General Government to offer, if desired.
. Park Fees: a park could not be placed in an existing neighborhood so park fees
would be used for new parks outside neighborhood.
. Check the boundaries of the district: were some areas excluded?
. If compatibility with existing neighborhoods were stressed too much, there is a
chance that infill might not happen.
. A common denominator needs to be raised but it should not be so high as to not
allow for infill.
The following sections of the proposed infill ordinance have been amended as follows
and discussed at the August 15,2006 City Council meeting:
(1) F-: ImpaetFees.
De'/elopment fees ma)T be reduced b)T the Cit)T Council if the proposed de'lelopment
ex:ceeds these infill standards and ex:ceeds the cit)T's economic de'/elopment goals.
"There higher densities are appropriate in the NR11U and Do'vvnto'vvn Uni'/ersit)T Core
Zoning Districts 'vvithin the IRZ, park, 'vvater and se'vver impact fees ma)T be discounted b)T
the Cit)T Council.
(2) 35.7.11. 3. Development Standards.
This section sets standards for structure placement, height, scale, proportion, direction
emphasis, design details, texture, and materials. compatible 'vvith established structures
in the neighborhood.
A. Where a development is proposed in a neighborhood that has the designation of
historic district or conservation district., or is adiacent to a structure that is on the Texas or
the u.s. historic register or., is located on or within two blocks in any direction of the
Denton courthouse square or is adiacent to any historic or conservation district., then the
infill development must be compatible with established structures in the neighborhood in
accordance with the following standards:
(3) This section has two options and is included to facilitate discussion on the
applicability of the proposed map of Infill Areas (See Exhibit 3). Section 35.7.11.4
Applicability of the ordinance
Option 1 : Would apply infill development standards generally in the ordinance "by
definition" as a "floating zone" without predetermined geographic locations. It then can
be applied at the developer's option whenever and wherever the specified conditions of
applicability pertain.
Option 2: The second alternative is applied when the infill provisions are contained in a
mapped overlay district within fixed geographic limits. Standards applied "by district":
This district implements the Infill and Redevelopment zone rIRZ1. The provisions of this
district apply to all parcels designated "IRZ" on the official zoning map. All land uses
and development., including buildings., drives parking areas., landscaping., streets., alleys.,
greenways., tree protection., and pedestrian/bicycle ways., shall be located and developed
in accordance with the provisions of the zoning ordinance and land development
regulations., except as modified by this chapter.
In the fixed limit map, the following data apply: Two subdivisions were excluded from
the lot/parcel count: Maple Leaf and Williamsburg Square. Both subdivisions are fairly
recent. The land area inside the map boundary contains 210 unplatted parcels and 406
platted lots, all of which are two acres or less in size. The Council directed staff to go
forward with Option 2 on the maps.
Further, the Council directed the staff to add the words "Redevelopment" to the title of
the ordinance and to all appropriate sections of the ordinance. The term is included in the
draft ordinance but the term does not appear in the title or at all appropriate locations in
the ordinance. This has been corrected in the draft to be considered by the Council on
September 12.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ATTACHMENTS
1. 2005 Summary of Community Comments
2. Proposed Ordinance and Infill Map
3. Planning and Zoning Commission 12/14/2005 public hearing minutes
4. Council 1/23/2006 work session minutes
Prepared and respectfully submitted by:
~~
Kelly Carpenter, AICP
Planning and Development Director
ATTACHMENT 1
Summary of Community Comments 2005
Planning and Development Department
1. Site Design Standards:
. Street Trees - All new development must install street trees.
. Buffer and Screening Requirements - In zoning districts that allow mixed
uses, the buffer separation and fencing requirements are difficult to meet.
. Site Development Requirements - Often not compatible with existing
conditions:
· Garage doors shall not occupy more than 40% of the total building
frontage. Any garage may not extend beyond the house front.
· All walls, which face a street other than an alley must contain at
least 25% of the wall space in windows or doors
· Orientation of building toward the street.
· Five percent of the land area that is not constrained open space
shall be designated in green, plaza or combination of planned open
space oriented to the neighborhood.
2. Subdivision Standards:
. Platting - Many of the infill properties are unplatted land and requIre
platting to current zoning regulations (lot dimensions and setbacks;
perimeter paving improvements; public utilities and infrastructure
improvements; right-of way dedication; drainage improvements, etc.)
. Setbacks - Requirements per the underlying zoning districts are often not
compatible with setbacks in surrounding areas and/or lots are often too
narrow in width and/or depth to meet setback requirements.
. Sidewalks - Installation of sidewalks required for all new developments. In
many infill neighborhoods, sidewalks do not exist. New platted lot requires
the construction of sidewalks, which do not connect with any existing
pedestrian facility. Subdivision variance or fund escrow required.
. Right-of-way dedication - Platting requires ROW dedication beyond the
existing street width. In practically most of the street would not be widened.
A subdivision variance is required.
3. Parking Standards:
. Location of Parking - Due to narrow and irregular shape of lots, the
requirement to locate parking in the rear or sides is difficult to meet.
. Spaces Required - Two spaces per dwelling unit; the spaces cannot be
tandem parking spaces. Infill lots are usually narrow and side by side
parking is not possible. A parking variance is required.
4. Infill and Redevelopment Boundary - Absence of infill development area and
specific criteria.
5. Financial Incentives - City provides no financial incentives to encourage infill.
(These types of incentives are often associated with affordable housing and may
no longer be relevant.)
Community Development Department
1. Prohibitions of tandem driveways - Many infill lots are only 50' wide and
building a 20' wide driveway is often impracticable or even impossible
especially when retaining existing trees.
2. Prohibition of "snout houses" - When an attached garage is desired the often
narrow (50') lots make constructing a garage difficult if it is not allowed to
project forward of the majority of the building's front.
3. Impact fees - Under current Utility policy if there is no record of water or sewer
service to an infill lot, even if the builder finds useable water and sewer taps
along the frontage, he/she will be charged the Impact Fees.
4. Sidewalks - Most infill lots are in older neighborhoods, largely built out long
before sidewalks were required to be built by the developer. If the lot has to be
replatted for any reason, a variance from building sidewalks must be sought on
a case-by-case basis and the non-existence of contiguous sidewalks is, by
definition, not allowed as an argument.
5. Park fees - Infill lots are by definition found in established neighborhoods,
where the opportunity for the Parks Department to acquire land for new parks is
slim. Therefore the parks fees assessed from an infill builder are actually
subsidizing park acquisition in neighborhoods far removed from the where the
eventual owner of the infill house will live.
6. Platting - The application of the requirement to replat or plat has been
inconsistent. The Development Code should have exact language that lays out
all of the triggers that will cause a replat or a plat of a lot.
Denton Housing Coalition
The following are recommendations by the Denton Housing Coalition regarding infill
housing policies in the City of Denton. These recommendations support the use of
residential infilllots for development of affordable housing. The members of the DHC
respectfully request that the City Council and staff of the Planning and Development
Department consider incorporating these items into the City's infill development policy.
1. Zoning and building code requirements for infill housing should be determined
based on the location and building style of the immediate or adjacent
neighborhoods. It is requested that some type of administrative review with
decision-making ability at staff level be used to approve developments that are
consistent with the building construction style and zoning characteristics of the
surrounding neighborhood.
2. Review the current zoning code and consider revising the code to designate an
NR-5 zoning for residential infill properties within or adjacent to neighborhoods
that originally had SF - 7 zoning. It is likely that residents in these areas would not
want to accept an NR-6 designation and an NR-4 would not support affordability.
Although Subchapter 7 of the Denton Development Code allows the
establishment of special overlay districts that could expand the density from NR-4
to NR-5, this process is onerous and expensive especially for non-profit
developers. Revising the Development Code would support efficient production
of infill housing.
3. Infilllots in older low to moderate-income neighborhoods often do not meet the
existing development code requirements and yet, are similar to lot sizes and
configurations in the area. As a result, implementation of a streamlined process
designed to allow approval at a staff level for infill housing developers (five lots
or less) to obtain variances for lot size and setback requirements would be
appropriate. A streamlined process would support investment in these low to
moderate- income neighborhoods.
4. Waive building fees and/or impact fees if non-profit organizations agree to
upgrade unit construction. For example - if code requires that the unit be 50%
brick and the nonprofit agrees to do 100% brick, the City should waive or
substantially reduce development fees.
5. Waive the sidewalk construction requirement for developers of single lot
properties in low to moderate-income neighborhoods where it is likely that
Community Development Block Grant funds may eventually be used to construct
sidewalks or where sidewalks do not currently exist. Construction of sidewalks in
a developed neighborhood that does not have sidewalks does not support the
purpose of City-required sidewalk construction. These isolated sidewalks go
largely unused because they do not connect to anything. Furthermore, it is likely
that when sidewalks are constructed in the area through CIP or CDBG that the
previously constructed single sidewalk would have to be replaced or would not
match the newly constructed sidewalks and would detract from their appearance.
6. Waive the new rule requiring side-by-side driveways for infilllots (or circular or
two entryways) as it may prove to be a hindrance with non-conforming lots. The
item could be waived for infill lots where the developer allows for tandem
parking when side-by-side is not feasible.
7. Review the requirement that all front facades must be 25% glass. This
requirement could cause a substantial energy drain and increase utility costs for
owners/renters. The City should support "green building" techniques in all
residential, commercial and industrial construction.
Chamber of Commerce
1. Definition - What is infill?
2. ROW Consistency
. If the road is built to ultimate dimensions, leave the ROW alone (maybe clean
up irregularities)
3. Drainage
. 100-year floodplain to 10 year - Currently require 100 when surrounding
system is designed for 10.
4. Utility Locations
5. Widths of sidewalks
6. Setbacks
7. Platting - Can infill be exempted?
8. Parking spaces - Do additional parking spaces require platting?
9. TIA's - Can there be different threshold and requirements for infill?
Developers
1. Uncertainty of development schedule
. Working within the built infrastructure is a nightmare. Designing to existing
drainage and utilities that are built per old specifications and therefore do not
meet the current Code. Trying to make the drainage, water and sewer onsite
meet with the older pipes through the City's utilities department is like
banging one's head against a wall. This is especially true in drainage where
infill does not have the area to detain - and yet must meet 100-year design -
while draining to systems built for 10-year design. Large greenfield has room
to build detention - infill does not.
. Time it takes through the process because of City coordination is prohibitive if
there are current issues with utilities or drainage in the area (which there
usually is).
. Unreliable as-built information for underground utilities
2. NIMBYism and BANANAS
. Because of the lack of past and current architectural and site plan standards
that allowed blight, citizen's usually refuse anything in their neighborhood that
is different than what they have...and usually require higher standards than
what they have Due to increases in public infrastructure standards, as well as
other local, state and federal regulations, the cost of building identical
structures has increased dramatically from when the majority of homes were
built in Denton - and yet the uninformed neighbors demand the same lot sizes,
home sizes, street widths, etc. Infill cannot compete with sprawl development
because of this. This becomes a problem when rezoning tracts that were
designated NR-2 as a holding classification - only to be held to that due to
neighborhood resistance to any change. The reason for our current traffic and
drainage issues is due to these old neighborhood designs.
3. Floodplain, ESA
. Much of the downtown area is undevelopable due to current floodplain maps
that designate a large portion of downtown as being within the 100-year
floodplain. A small tract cannot develop because doing so would require a
study of the entire basin (or a very large portion of it) - cost prohibitive for a
small tract (which most tracts downtown are) - and yet that study would
theoretically benefit all the properties within the basin. It would be foolish not
to provide this study to take a majority of the extremely valuable land
downtown out of the flood areas. This becomes even more pronounced as rail
serves downtown.
. Stream buffers should be taken completely off the maps in the urban areas.
It's odd to see these so called buffers surrounding existing developed
properties - draining to concrete "streams". Those need to be removed from
the ESA maps. Drainage Best Management Practices (BMPs) should be in
place for drainage to improved channels - and get away from the "no
development" regulations of the ESA in the urban areas.
4. Construction Costs
. Contractors give better prices per lot for large developments over small ones.
This is due to mobilization, for example, that is a static cost and therefore
takes a larger percentage of the smaller budgets.
5. Impact and other fees
. Although infill development impacts the city in significantly smaller ways
than greenfield projects do, the impact and park fees do not change between
them. It costs much less for parks and utilities departments to maintain lines
and service lots that are closer to their base of operations than spread out over
the outside reaches of Denton - and yet no benefit is realized by developing
infill over other less responsible development. If there is a park within so
many feet of the proposed development, why should there be park dedication
fees?
6. Zero-Lot line developments
. The existing code does not allow for the development of zero lot line
developments.
7. Location of dumpsters is problematic.
s: \OUf Documents\Ordinances\06\Amended Infill Regulations Ord.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADDING A NEW SECTION TO
SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE, RELATING TO INFILL AND
REDEVELOPMENT; ADDING DEFINITIONS TO SUBCHAPTER '23 OF THE DENTON
DEVELOPMENT CODE; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
FINE OF $2,OOO~OO PER DAY FOR VIOLATIONS THEREOF; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA05-0005)
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 conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 7; and
WHEREAS, after conducting a public "hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The above recitals are incorporated herein and found to be true~
SECTION 2~ Subchapter 7 of the Denton Development Code is hereby amended by
adding a new section 35..7..11, as set forth below~
,~?,:?.~.!1.,.,__,.,~,~.!,!,~,~",~.~"~,.,~~.~,!~~~~,~!!'_~!!!.."",.,.,.,.,..",",__,..,.,.","""",,",",".,","'"'"'"'"'.'.'"''''"'"'","_'.__.'.'.'_.'_____'"'_.'_."'_,.,.,.,"'"'_'.,_.___,.,.,_,",.,__,".-_,"____",.
35.7.11.1
Purpose and Intent.
The purpose of this district is to provide standards for the development of infilllots in existing
neighborhoods..
The specific objectives of this district are to:
1 ~ Allow flexibility in location, type ~d density within the densities supported by the
Denton Plan and the Denton Development Code;
2.. Provide flexibility in lot size, configuration, and vehicle access to facilitate infill
development;
3~ Provide clear development and redevelopment standards that promote compatibility
between new and existing development and promote certainty in the marketplace;
4. Encourage development of needed housing in close proximity to employment and
services;
5. Promote neighborhood preservation: and enhancement through redevelopment of
blighted, distressed and underutilized properties;
6. Encourage mixed use development "opportunities in order to provide housing and
neighborhood services close to jobs;
7.. Encourage development that is compatible with the surrounding neighborhood and that
meets the city's economic development goals; and,
8~ Encourage new development, redevelopment, as well as preservation of a diversity of
housing types and price ranges in existing neighborhoods~
35.7.11.2
Applicability and General Provisions.
There is hereby established a special intill and redevelopment overlay district to be known as the
Infill and Redevelopment Zone (IRZ). The boundary of the Intill and Redevelopment Zone shall
be shown on the official zoning map of the City of Denton or on a separate map maintained in
the office of the Director of PI arming and Development~
All applications for development for buildings, structures, and lots within the Neighborhood
Residential, Downtown Residential, and Downtown Core Zoning Districts that are no greater
than two acres may utilize the flexibility, restrictions, limitations, and provisions of the Infill and
Redevelopment Zone regulations as provided for in this article. In the case of conflict among
regulations, the more flexible standard shall apply..
A. Permitted Uses.
1. All uses permitted by the underlying Neighborhood Residential Zoning Districts (NR-I,
NR-2 NR-3 NR-4 NR-6 NRMU and NRMU-12)
, , , , ,
2~ All uses permitted by the underlying Downtown University Core Zoning Districts (DR-I,
DR-2, DC-N and DC-G)
B. Neighborhood Meeting Requirement..
Applicants proposing to develop on infilllots meeting the characteristics of this district
must conduct at least one neighborhood meeting prior to public hearing at Planning and
Zoning Commission or staff approval which ever is earlier.
c. Plan Requirement.
A site plan is required to be submitted for intill development within the IRZ district The
site plan must be approved prior to the issuance of a building permit.
D. Approval Process, Administrative Adjustments and Appeals.
1. The Plarming Director is authorized to grant administrative adjustments from the
following requirements up to 25% in the Subchapter 5 of the Denton Development Code
for the Neighborhood Residential Zoning Districts and Downtown University Core
Zoning Districts in the Inti1! Redevelopment Zone: height, setback, and lot coverage..
Decisions on administrative adjustments are appealable to the Planning and Zoning
Conunission by affected property owners (those within 200 feet) and the applicant..
2. Adjustments in excess of 25% reqUire the approval of the Planning and Zoning
Conunission and the City Council using the Zoning Amendment procedure set forth ins
Section 35~3..4..C.2 through 35.3..4.C~4~
E. Content of Application.
Any person intending to develop on a lot, building or structure regulated by this Section
shall file with the Planning and Development Department an application accompanied by
an accurately dimensioned site plan showing the placement of all structures, and detailed
scaled elevation sketches or photographs of the front and side elevations of all proposed
and existing structures to remain~ The applicant may be required to furnish such
additional information or supporting detail as may be reasonably necessary to assure
compliance with the standards herein. If the property is not platted, platting is required
pursuant to the Laws of the State of Texas and the Denton Development Code,
Subchapter 16 - Subdivisions.
F. Compatibility.
While this Section is intended to promote quality development and eliminate conditions
of gross design incompatibility that have the potential for enduring a century or more, it
is not intended to stifle individuality or compel rigid conformity. Recognizing that great
diversity of style, often between homes side by side, is one of Denton's central
neighborhood strengths, this section is set forth with the intention that the acceptable
level of compliance with these stanQ.ards will be the minimum necessary to assure
compatibility, not conformity. This Section of the Code may be augmented by the
publication in the Criteria Manual of guidelines intended to illustrate the standards~ Such
guidelines may be referenced in the interpretation and administration of the standards
herein~
G. Exclusions.
This section does not apply to the following:
1. Intill or redevelopment of an entire street block face or
2. Infill or redevelopment of an entire neighborhood or
3.. Infill or redevelopment of land greater than two acres in size
35.7.11.3
Development Standards.
This section sets standards for structure placement, height, scale, proportion, direction emphasis,
design details, texture, and materials..
A. Where a development is proposed in a neighborhood that has the designation of historic
district or conservation district, or is adjacent to a structure that is on the Texas or the U~S..
historic register or, is located on or within two blocks in any direction of the Denton courthouse
square or is adjacent to any historic or conservation district, then the infill development must be
compatible with established structures in the neighborhood in accordance with the following
standards:
1. Placement. No new or moved structure shall be located any closer nor any further away
from a street property line than the: structure situated on either side of it.. Building
separation shall be consistent with the general character of the neighborhood. Primary
structures shall be oriented with the front fa~ade and primary entrance facing the street or
shall be oriented compatibly with the neighborhood where the neighborhood orientation
is not with the front fa~ade and primary entrance facing the street Garages shall be
located consistent with the character of garage location in the neighborhood. Any lot
located on an alley and situated between structures that have vehicular access only to that
alley shall be developed with driveway access to the alley only. Review and approval of
garage placement under this section shall be consistent with other setback regulations and
exceptions of this Chapter and the building code and fire code.
2. Height, Scale and Proportion. The height of any structure shall be consistent with the
character of the neighborhood. Finished floor elevations (FFE), and front yard grade
elevations shall be similar to those adjacent structures unless the Floodplain
Administrator requires a higher FFE~ Overall height, width, scale, and general
proportions shall be similar to or consistent with the character of the neighborhood.
3. Roof style and pitch of the proposed structure shall be architecturally consistent with the
neighborhood character.
4. Facade, Materials and Detail. Where neighborhood character includes discemable
patterns of detail, including but not limited to, door and window trim, comer boards,
cornice details, railings, and shutters, the details of any primary structure (or accessory
structure visible from the public right of way) shall be compatible with such character.
Where neighborhood character includes open or enclosed front porches, any primary
structure shall include a similar porch~ The materials and relative proportions of doors
and windows of the principal structure and any accessory structure visible from the
public right of way shall be compatible with neighborhood character. Siding width shall
be compatible with neighborhood character. Exposed wood on any structure shall be
painted or stained in a manner generally compatible with neighborhood character.
5. Maximum Lot Coverage.. Lot coverage shall be compatible with the existing
neighborhood character.
6. Front Yard Setbacks. Setbacks are as. permitted by the underlying zone. However, the
contextual setback option may be granted by the Planning and Development Director. A
contextual setback is an average of the setbacks of adjacent or abutting lots.. In a case
where an existing structure is located within 20-40 feet of the subject site and fronts the
same street as the proposed building, a front yard setback similar to that of the nearest
primary structure shall be used. "Similar" means the setback is within 0-10 feet of the
setback provided by the nearest structure or building.. If there are two adj acent structures
fronting onto the same street, then an average measurement shall be taken using the two
adjacent structures~ In no case shall the front yard setback be less than 5 feet, except in
the NRMU, DC-N and DC-G zoning ,districts, where there are no minimum front yard
setback requirements.
B. Tree Preservation and Landscape Requirements. Infill development, as defined in
this Chapter, shall be exempt from Subchapter 35..13.7..C. Street Tree Requirements.. All other
provisions of35.13.7 (Tree Preservation and Landscape Requirements) apply.
c. Parking. All requirements of Subchapter 35.14. (Parking Standards) shall apply. For
single-family dwellings on intill lots as described in this section, tandem parking shall be
allowed..
D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infilllots in the
IRZ and are subject to the same standards as detached single family structures elsewhere in this
Chapter, except that the following additional provisions shall apply:
1. When a zero-lot line dwelling shares a side property line with a non-zero lot line
development, the zero-lot line dwelling shall be setback from the common property line
by a minimum of five feet;
2. Prior to building permit approval, the applicant shall submit a copy of a recorded
easement for every zero lot line house that guarantees rights for construction and
maintenance structures and yards. The easement shall stipulate that no fence or other
obstruction shall be placed in a manner that would prevent maintenance of structures on
the subject lot;
3. Placement and/or design of windows Qn the ground-floor of the zero-lot line house shall
support privacy for the occupants of the abutting lot as well as for the proposed
development; and
4. The development shall comply with the design standards in Subchapter 13 Site Design of
the Denton Development Code.
E. Lot size. Developable infilllots must be at least eighty percent of the required minimum
lot size of the underlying zoning district. In no case shall a lot be less than 3,000 square feet in
area, except in NRMU where the minimum lot size is 2500 square feet
F. Sidewalk construction. In cases where intill development is required to construct a
sidewalk on abutting non-collector or non-arterial road rights of way pursuant to Section
35.20.3.B of this code, and where sidewalk .does not exist along said street in front of both
properties abutting the subject infill residential development site on the same side of the street,
infil! development shall not be required to construct a sidewalk along the noncollector and
nonarterial street abutting the subject development..
G. Perimeter Paving Requirements/Road improvements on abutting non-collector and
non-arterial road rights-of way. In cases where a plat is required to construct a half-street road
on abutting public or private street rights-of-way pursuant to Section 35.20. L, and where said
street in front of one or both properties abutting the subject development site on the same side of
the street has not been improved to the subject standard, the subject development shall not be
required to construct a half-street road along the non-collector and non-arterial street abutting the
subject development. This section does not apply where the development would occupy a full
block face.
H. Unless othetwise noted in this Section, all other applicable standards of the Denton
Development Code and Criteria Manual apply.
SECTION 3. Subchapter 23 of the Denton Development Code is hereby amended to add
the following definitions.
Infill Development: Development on vacant or underutilized parcels sUITolUlded by existing
development that is contiguous on at least tlrree sides, no greater than two acres in size, and is
served with all or most public services and facilities, including but not limited to water,
wastewater and drainage. (This replaces the definition currently in Section 35.23..)
Neighborhood: a sub area of the City of Dent'on in which the residents (or non-residential uses)
share a common identity focused around a school, park, or community business center that are
generally within walking distance of the homes or businesses, architecture, or other features with
boundaries that may include highways, railroads or such natural features as rivers. The
neighborhood character shall be deemed to be the prevailing character of structures within 300
feet in either direction along street frontages, itrespective of intervening streets..
Redevelopment: The demolition of an existing building and new construction on the same site
(or assemblage of parcels).
Zero lot line dwellings: Zero lot line dwellings are detached single family dwellings that have a
side yard setback of zero feet on one side.
SECTION 4. 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 5. 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 ~ffect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such inva1idity.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas within ten (10) days of the date:ofits passage~
PASSED AND APPROVED this the
ATTEST:
JENNlFER WALTERS, CITY SECRETARY.;
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. ~~R;-crrYATTO
day of
, 2006.
PERRY R. McNEILL, MAYOR
Page 85 Page 87
1 couldn't work if the lot was 56 foot This is not going 1 to offset that by some other considerations as well.
2 to work if the lot is 50 foot So if you take six feet 2 COMMISSIONER ROY: I realize we could do
3 for every nine lots you develop, you use a lot. And you 3 that. We have done that in the pastA But rather than
4 take that -- you take that across the whole thing, that t S 4 work the problem for the developer which is kind of what
5 a considerable number of lots of what they have less to 5 that would be doing, I'm not sure we have total consensus
6 develop~ And that 1 S the issue as I see it. 6 as to what -- what we would like to have. I would say
7 COMMISSIONER ROY: BUt, sir, the -- 50 7 offer the developer a chance to come back with a different
8 feet, I mean, the lot that I looked at, the couple of 8 proposal based on the comments that we have had here
9 them, I mean, maybe, I don It know what they were. I'm 9 tonight. And if they don tt want to do it, fine, then we
10 going to guess they were 50-foot lots. They were very 10 can go ahead and take actionA So I propose that we
11 small. Ifm not sure visually whether it's 50 or 56 is 11 consider that, Mr. Chairman.
12 going to make much difference. Maybe if you get 60, 65, 12 COMMISSIONER STRANGE: well, we actually
13 it might You might have some grass area. So Irm not 13 have a motion with no second, which means we really don't
14 SW"e whether it makes that much difference, whether it's 14 have anything to discuss or vote upon, so I will ask the
15 59~9 or 56 or 50. 15 applicant if they would like to table it and reconsider
16 I wonder if an approach would be to -- 16 their position.
17 after the applicant has heard these discussions, our 17 MR REICHHART: Yes.
18 concerns, and our apparent unwillingness to go with the 18 COMMISSIONER STRANGE: okay~ Do we have a
19 approach that theytve laid out here, that if they would 19 date certain that we can reschedule this?
20 like to reconsider and bring us back something that's 20 MS. CARPENTER: pardon me, Mr~ Chairman.
21 closer to the PD but resolves, you know, the 50-foot 21 January 11th; is that the right date is the first meeting
22 problem, I would be willing to spend my time to review it 22 in January, then it would be the 25th.
23 further, if they areA 23 COMMISSIONER STRANGE: January 25thA Is
24 LEGAL: I just thought maybe I should bring 24 that satisfactory to you?
25 up one additional point here that we had a discussion 25 MR MURPHY: The sooner the better.
Page 86 Page 88
1 earlier about the scope of the notice and the zoning 1 COMMISSIONER STRANGE: The sooner the
2 request and whether it was detailed enough or sufficiently 2 better. Thatts the "soonerist" it's going to get.
3 broad to cover the second proposal. One other thought 3 MS. CARPENTER: IS the 11th the correct
4 came to my mind is that it may be - that if s broad 4 date? The first meeting in January, but 1'm pretty sure
5 enough that I don tt think that the Commission has to 5 it's the 11 tb~ The frrst meeting in January.
6 constrain itself to the proposals that are advanced by the 6 COMMISSIONER STRANGE: Are we going to do
7 applicant that once the application for rezoning is 7 it January the 11 th or January 25th?
8 brought forward that there may be other issues that are 8 MS. CARPENTER: The 11th, what she's
9 fair game as well as far as recommendations are concerntxi 9 clarifying is that it might not be the 11th, so if you
10 If the number of 50-foot lots is part of 10 make the motion the frrst meeting in January then we cover
11 what the Commission perceives to be a problem, perhaps one 11 it.
12 of the things to be considered might be an increase in the 12 COMMISSIONER STRANGE: okay. All right.
13 number of larger lots as part of the PD process that in 13 Then do we have a motion? I guess we'd need a motion.
14 order to mitigate the affect of decreasing the number of 14 COMMISSIONER ROY: Yes. I move that we
15 J -Swing lots or altering the conftgmation that perhaps IS table this item to a date certain of ~ frrst meeting in
16 the recommendation might be offset somewhat by increasing 16 January~
17 the number of'lO-foot lots or ...- or 60-foot lots and 17 COMMISSIONER STRANGE: Do we have a second?
18 decreasing correlative the number of SO-foot Io18A 18 COMMISSIONER THIBODEAUX: second~
19 It's just food for thought. There may be 19 COMMISSIONER STRANGE: We have a motion by
20 other things that may be addressed as well. I know the 20 Mr~ Roy, a second by Dr. ThibodeauxA Please, vote~ And
21 homeowner said something about a minimum lot size. I 21 that motion passes 7-0.
22 don't know, you know, where that's going with it Maybe 22 Next item is Item G, which is amendment to
23 some of these other issues might help mitigate or offset 23 the Development Code relating to in-fill development
24 some of these other impacts, and insofar as the - as the 24 regulations. MsA Carpenter.
25 request for zoning is somewhat b~ it may be possible 25 MS. CARPENTER: Mr A Chairman, this item is
Condenselt 1M
PLANNING AND ZONING MINUTES DECEMBER 14, 2005
Page 85 - Page 88
Condenselt 1M
Page 89 Page 91
1 for the Planning Commission to consider making a 1 or less in size and they're not -- and are Dot affiliated
2 recommendation to Council on in-fill :regulations. The 2 with an active subdivision~ So for example, you 'n
3 Council began discussing in-fill regulations back in the 3 remember if we go back to the map, on the east side, where
4 Spring of '04. And the Council worked on it for many 4 the Maple Leaf Subdivision is, there are -- that's just
5 months and has sent it back to the Planning Commission to 5 one example~ It's an active subdivision. They're
6 make a final recommendation to the Council. 6 actively building homes in there. So we took that out
7 The purpose oftbe In-fill Ordinance is to 7 from the - the spreadsheet that we prepared that showed
8 satisfy the following objectives, to allow flexibility in 8 you the number of platted lots for in-fill.
9 location, type and density within the: density supported by 9 COMMISSIONER ROY: IS that little jog in
10 the Denton Plan and the Denton Development Code, to 10 there below Old North?
11 provide flexibility in lot size, configuration, and 11 MS. CARPENTER: NO. I don't think so. I
12 vehicle access, to facilitate in-fill development, to 12 think it's clOser down to McKinney. It's just not in the
13 provide clear development standards that promote 13 table. It's still in the boundary, but it's not in the
14 compatibility between new and existing development and to 14 table. All right. Let. S seeA And that was the extent of
15 promote certainty in the marketplace, to encourage 15 what I had to offer for you~ rnlle happy to ansWer your
16 development of needed housing in proximity to employment 16 questions.
17 and services, to promote neighborhood preservation and 17 COMMISSIONER STRANGE: Anyone have any
18 enhancement through redevelopment of blighte4, distressed 18 questions of Mrs. Carpenter? This is a public hearing.
19 and under utilized properties, to encourage mixed use 19 We've now had the staff presentation. Is -- we have no
20 development opportunities in order to provide housing and 20 cards on this item. Is there anyone here who wishes to
21 neighborhood services close to jobs, to encourage 21 speak for or against in-fill development regulation?
22 development that is compatible with the swrounding 22 Seeing none, wef 11 close the public hearing, and I will
23 neighborhood and that meets the City's economic goals and 23 make a motion that we approve the amendment to the
24 to encourage new development as well as preservation of a 24 Development Code relating to in-fill development
25 diversity of housing types. 25 regulatio~ OCA-OS.OOll with one exception which we
Page 90 Page 92
1 This Code addresses itself to permitted 1 discussed in our Work Session today that under Item
2 uses. It requires a neighborhood meeting. It sets forth 2 35.7112, Item H, little Item 1 that reads in-fill or
3 an approvaL adjustment and appeals process. It addresses 3 redevelopment of an entire block or street face, that that
4 the content of applications, impact fees, compatibility 4 now is going to include DO great -- in-fill or development
5 with surrounding neighborhoodsA It sets forth the 5 greater than an entire block, phase -- entire street block
6 exclusions from the ordinance and then it sets development 6 phase. More than or greater, same thing.
7 standards that are specific to in-fill development that 7 COMMISSIONER WATKINS: second.
8 include site development standards as well as subdivision 8 COMMISSIONER STRANGE: I'll make that a
9 requirements. In additiOD, four DC'N amendments are 9 motioD. Do we have a second?
10 proposed -. four new definitions are proposed in the 10 COMMISSIONER WATKINS: second.
11 Development Code. All my people left and my map is down 11 COMMISSIONERSTRANGE: okay. Second by Mr.
12 there. r 11 have to go down there. 12 Watkins A Mr. Roy.
13 In addition, the Planning Commission spent 13 COMMISSIONER ROY: Yes, just a quick
14 many weeks analyzing the challenge of where the in-fill 14 question~ Just south of Old North there is kind of a jog
15 boundary ought to be drawn~ The Planning Commission has 15 in the map and I cantt remember what that is. Is that the
16 proposed a boundary and we'll see it on the InaP in "0 .. - -- " 16 church?
17 moment. There it is, which roughly follows these s'l:re:ts. 17 MS. CARPENTER: I can't -- I don't remember
18 Bonnie Brae on the west, Willow Wood, then to 1-35 on the 18 what the land uses are but I remember the reasoning was
19 south. Then behind San J scinto and up Colorado, then 19 that they are large tracts of land in excess of two acres
20 north on Woodrow to McKinney. Then east to Mockingbird, 20 in size.
21 and then it eventually comes out at Old North and follows 21 COMMISSIONERROY: okay.
22 Windsor along its north boundary. 22 MS. CARPENTER: And theytre Dot going to be
23 And if you'll turn to the next slide for me 23 subject to the ordinance anyway.
24 .- thank you. In that land area there are 413 platted 24 COMMISSIONER ROY: okay ~
25 lots and 209 parcels that are unplatted that are two acres 25 MS. CARPENTER: Right this second, I don't
PLANNING AND ZONING MINUTES DECEMBER 14, 2005
Page 89 - Page 92
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
11
18
19
20
21
22
23
24
25
CondenseIt 1M
Page 93
remember the land use. 1
COMMISSIONER ROY: That'S all right. 2
MS. CARPENTER: rm sorry. 3 -
COMMISSIONER ROY: n just looked a little 4
strange~ I hadn't noticed that before. But I understand 5
that point. Thank you. 6
COMMISSIONER STRANGE: AnY other 7
discussion? If not, please, vote~ Vate passes 7-0. 8
Last item on the Agenda tonight is the 9
quarterly reviC\V of the Denton Development Plan. Ms. 10
Carpenter. 11
MS. CARPENTER: Mr~ ~ Irm happy to 12
report that we're -going to be bringing at least four 13
amendments that are on Atta.clnnent A 10 you in January. 14
They are really noncontroversial items like accessory uses 15
and some changes to the Development Review Committee where 16
responsibilities are left out of the Code, things like 17
that So I'm happy to report we're going to bring four of 18
those forward~ I'm also happy to report that we are 19
diligently working on front setback requirements, location 20
of buildings next to the street, front of building parking 21
all associated with ADP'S. We're looking at changes to 22
the ADP standards and also potentially changes to some 23
parking requirements that would address those tl1rre items. 24
You will remember at your last quarterly 2S
Page 94
(End of proceedings.)
I report, we added one item concerning a request by a
2 citizen to ban tow truck businesses as a home occupation.
3 That bas been added to the list. There have been no other
4 requests from the public to make changes to the
5 Development Code.
6 COMMISSIONER STRANGE: okay ~ This is a
7 public forum item. Is there anyone here who has any items
8 they would like to bring forward for the Denton - for the
.'~3~
.s:
L
"""~...~~ {i.,.-~
iZB W ~Hi!~~tt..)~ :)
'A'.~
~'G:Cl,:,':nrt~\r{~Ji?~; ~"1-..._j u.;~- ~J::Jt~f..~ mr~J ~
~'~~..~ ~ w-nti ~1,liH ~
9.tlJ.
't'}
,.~
.
./ - ~r. mIlD }I
.. ~:,,:~ ,:~ It" . .. '.'r, i .~.
.v .~,.".
i
I
IN
.-
.j
l'lIjY-!"ttI. ....
. -. ... .
: I ..: ... ~ .
JI. ~.."':Ii".~. ;: -~~"'.:.. ... fl. 'i"........
~ ~-, ~~~f~ . i.~"
~~i ~~ ~~~(.~~ ~" ... .P.(.~.!:t!.. <j...
~~~~~Mihh~lB~
1ft.
~~
~
G~'
,J~
.. 9"
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
CM:
Planning and Development
Howard Martin, 349-8232 ..
SUBJECT
Hold a public hearing and consider adopting an ordinance concerning amendments to the Denton
Development Code regarding the processing and notice requirements for Alternative
Development Plans (ADP's) and Alternative Environmentally Sensitive Area Plans and review
standards. The Planning and Zoning Commission recommends approval (7-0).
BACKGROUND
The purpose of these amendments is to accomplish the following:
(1) Use the Planning and Zoning Commission procedure for consideration and approval of
ADP's rather than the Zoning Amendment procedure.
(2) Allow the appeal of a decision of the Planning and Zoning Commission decision on an ADP
by the applicant and the City Manager to City Council.
(3) Use the Zoning Amendment procedure for consideration and approval of an Alternative
Environmentally Sensitive Area Plan.
(4) Clarify approval standards for ADP's
OPTIONS
1. Adopt the amendments as proposed.
2. Adopt the amendments with changes.
3. Table the item.
4. Direct the staff to proceed in a different direction.
RECOMMENDATION
The Planning and Zoning Commission recommends approval 7-0. The staff recommends
approval as proposed.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
DDCC July 20, 2006
Planning and Zoning Commission public hearing August 9,2006
FISCAL INFORMATION
Changing the procedure will lessen expense for applicants in terms of advertising and
presentation and will lessen cost for the City in terms of one less public hearing, unless there is
an appeal.
EXHIBITS
1. Ordinance
2. Planning and Zoning Commission Minutes
Respectfully submitted:
~~
Kelly Carpenter, AICP
Planning and Development Director
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUB CHAPTERS 3, 13 AND 17 OF THE DENTON DEVELOPMENT CODE, AS THEY
RELATE TO REQUIRED PROCEDURES FOR CONSIDERATION AND APPROVAL OF
ALTERNATIVE DEVELOPMENT PLANS; PROVIDING FORA PENALTY CLAUSE WITH
A MAXIMUM FINE OF $2,000.00 PER DAY FOR VIOLATIONS THEREOF; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA06
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 conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapters 7;_and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The above recitals are incorporated herein and found to be true.
SECTION 2. Subsections 35.3.4.A.6, 35.3.4.B.2.f, 35.3.5.A.4, 35.3.5.D.3, 35.13.5 and
35.17.12 of the Denton Development Code are hereby added or amended as shown below.
Unchanged provisions are shown for reference only, and omitted provisions are not intended as
deletions:
35.3.4
Zoning Amendment Procedure.
A. The following actions shall follow the Zoning Amendment Procedure:
1. Consider an amendment to the Denton Development Code.
2. Consider an application for a zoning change that conforms to the Future Land Use element of the
Denton Plan,
3. Consider an application for a Specific Use Permit.
4. Consider an application for an Exaction Variance from the Subdivision Regulations.
5. Consider an application to expand a Special Exception.
6. Consider an application for an Alternative
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan.
Plan.
Exhibit 1
b. The proposed Specific Use Permit meets the criteria set forth in Subchapter 6, and conforms to
the purpose and intent of The Denton Plan.
e. The proposed rezoning or Specific Use Permit facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public requirements and public convenience.
d. The proposed Exaction Variance is appropriate based on a finding that the imposition of the
regulation ( s) exceeds any reasonable benefit to the property owner or is so excessive as to
constitute confiscation of the tract to be platted.
e. The proposed Special Exception (or expansion) to the zoning regulations is appropriate based on
the character and use of adjoining buildings and those in the vicinity, the number of persons
residing or working in such building or upon such land, traffic conditions in the vicinity, and
conformance of such area to the Zoning Map and The Denton Plan. In granting a special
exception the board may designate conditions that, in its opinion, will secure substantially the
purpose and intent of this Chapter. A special exception shall only be granted upon a finding that:
The exception is in harmony with this Chapter;
11 The public welfare and convenience are substantially served;
111 Neighboring property is not substantially injured;
iv The exception will not alter essential character of the district and immediate
neighborhood; and
v The exception will not weaken the general purposes of this Chapter.
35.3.5
Planning and Zoning Commission Procedure.
A. The following actions shall follow the Planning and Zoning Commission Procedure:
1. Consider an application for a Plat.
2. Consider an application for a Hardship Variance from the Subdivision Regulations.
3. Tree Preservation Plan.
4.
[***]
D. Appeals:
1. The Planning and Zoning Commission decision on Plats is final and may not be appealed.
2. The Planning and Zoning Commission decision on a Hardship Variance may be appealed to the City
Council by the applicant.
3. be
ate. however no further
35.13.5 Alternative Development Plan
. The Alternative Development Plan provides the
option to address the design criteria through a flexible discretionary process
the preees-s outlined in Subchapter 3.5.
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.
5.
35.17.12 Alternative Environmentally Sensitive Area Plans
. The
Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a flexible
discretionary the
outlined in Subchapter 3A.
Sensitive Area Plan shall demonstrate that the develo er's alternative ro osal is-results overall in
develo ment overall-meetin the intent of the standards in the Denton Develo ment Code.
SECTION 2. 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 3. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. 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. SNYDER, CITY ATTORNEY
BY:
Page 57 Page 59
1 COMMISSIONER STRANGE: The next item on our 1 Alternative language that is to be proposed for Criteria
2 Agenda is Item No. 4D, which is an Ordinance amending the 2 Number 5 at Section 35.l3.5A-5. And I believe that
3 Denton Development Code, Chapters 313 and 17 relating to 3 language would be as follows, to ensure that the
4 amendments to processing Alternative Development Plan to 4 developers alternative proposal results overall in a
5 approval standards eliminating the requirement for public 5 quality development meeting the intent of Chapter 13 of
6 hearings and individual property notice allowing approval 6 the Denton Development Code.
7 of the Planning and Zoning Commission in an appeal to the 7 COMMISSIONER STRANGE: And I believe we
8 City CounciL Mrs. Carpenter. 8 wanted to leave the two words Hdesign standardslt in there.
9 MS. CARPENTER: Mr~Chah!nan,tlrisisan 9 MS. CARPENTER: Design standards. Yau f re
10 amendment to the Denton Development Code specifically as 10 right, Mr. Chairman. So it would read, ensure that the
11 you describe. Let me add a little bit of clarification. 11 developer's alternative proposal results in an overall
12 Alternative Development Plans are currently considered by 12 quality development meeting the intent of the design
13 the Council under the Zoning Amendment Process. Under the 13 standards in Chapter 13 of the Denton Development Code.
14 Zoning Amendment Process property owners within 200 feet 14 COMMISSIONER STRANGE: That was real close.
15 receive a notification concerning an Alternative 15 I think the only thing we're going to do is just where it
16 Development Plan. Alternative Development Plans are not 16 says "results overall inH rather than Hresults in an
17 zoning cases. They are simply the implementation of the 17 overall.9t
18 design standards that are in Chapter 13. 18 MS. CARPENTER: I left out the word
19 In addition, under the zoning amendment 19 ' .overall, n huh?
20 procedure, a public hearing is required pursuant to State 20 COMMISSIONER STRANGE: Yeah.
21 law and followed through in our Development Code at the 21 MS. CARPENTER~ BOY, we debated that for
22 Planning Commission and at the Council level. An 22 many minutes and I left it out. I apologize, Mr.
23 Alternative Development Plan is not a zoning matter and 23 Chainnan.
24 therefore, the staff and the Denton Development Code 24 COMMISSIONER STRANGE: Let me read the way
25 Committee have looked a1 this item and recommended that 25 I r ve got it and let t S see if thae s what goes. "Ensure
Page 58 Page 60
1 the zoning amendment procedure as it relates to 1 that the developer t s alternative proposal results overall
2 Alternative Development Plans be omitted and therefore, 2 in a quality development meeting the intent of the design
3 there would be no notification of property owners within 3 standards in Chapter 13 of the Denton Development Code.
4 200 feet. And there would be no public hearings required 4 And let's see, Dr. Thibodeaux, I think you had one change,
5 at either the Planning Commission or the Council level. 5 too, didn' t you~
6 Keep in mind, however, that meetings are always open to 6 COMMISSIONER THIBODEAUX: Yes, sir. I
7 the pub lie and people can come to the meeting. And upon 7 would like to add at 35.3.5, number 3, the word 'Icon sider'.
8 requesting to speak, they are usually allowed to speak by 8 at the beginning of that phrase. "~nsider an Alternative
9 the Chainnan at the meeting anyway. It's just not a 9 Tree Preservation Plan" to make it parallel with the rest
10 required public hearing. 10 of the paragraph. "Consider an Alternative Tree
11 The second thing that's happening under 11 Preservation PlanH at 35.3.5~ nwnber 3.
12 this Ordinance is that Alternative Development Plans would 12 COMMISSIONER STRANGE~ okay~ Did you want
13 no longer go to the Council. The final authority would 13 to say "Consider an application for an Alternative" --
14 rest with the Planning Commission with this exception, if 14 COMMISSIONER THIBODEAUX~ That's correct
15 the applicant or the City Manager wanted to appeal the 15 COMMISSIONER STRANGE: You want to put the
16 decision of the Planning and Zoning Commission, then that 16 word Itapplicationlt in there, too.
17 appeal would be directed directly to the City Council. 17 COMMISSIONER THIBODEAUX: Yes. Cons idee an
18 The third thing that this amendment does is 18 application for --
19 to add criteria number five to the criteria for 19 COMMISSIONER STRANGE: okay. All right.
20 considering an Alternative Development Plan. There is 20 Staff has those two changes. And those are in there for
21 language in the proposed Ordinance which has been 21 the record. So it will have those. Okay. Anything else?
22 previously discus sed with the Planning Commission and with 22 Any questions of staff or anything else from staff? We f II
23 the Denton Development Code Committee. However, upon the 23 open the public hearing. Do we have --
24 discussion with the Planning Commission earlier today in 24 MR. DRAKE: I think that there was a
25 Wark Session, the staff, I believe has captured 25 similar text change in 35.17.12; wasn't there that's
CondenseIt 1M
PLANNING AND ZONING MEETING AUGUST 9m, 2006
Page 57 - Page 60
Page 61 Page 63
1 harmonious with the five above it where we were talking 1 Yellow cards turned in from the following people:
2 about the -- resulting in a high quality -- or resulting 2 Paul Poulsen
3 quality development, that last sentence for the 3 Chuck Osborne
4 alternative environmentally s"ensitive area plan that would 4 Brett Grayson
5 be in harmony with the -- 5 Frances Reagan
6 COMMISSIONER STRANGE: Right. 6 Thomas Muir
7 MR. DRAKE: -- 35.13.5.5. 7 Rick Nash
8 COMMISSIONER STRANGE: Yeah, that same 8 Derrick Birdsall
9 language should be moved down to that particular area; 9 Ricky Clay
10 thaf s correct. Okay. I think we've got all of that 10 Steve Birmingham
11 housekeeping order~ We'll open the public bearing. Is 11 Paul Virag
12 there anyone here that wishes to speak on this item? One 12 Robbynn Ashmore
13 person, are you sure you want to speak - not want to 13 Anne Roberts
14 speak? Okay~ We have no speakers on this item. So wefll 14 Michelle Cunningham
15 close the public hearing. Do we have a motion on this 15 Edmond Rollins
16 item ? 16 Vicki McCombs
17 COMMISSIONER WATKINS: SO moved. 17 Atticus Cox
18 COMMISSIONER STRANGE: we have a motion by 18 Kevin Rollins
19 Mr. Watkins. Do we have a second? 19 John Schelbelhut
20 COMMISSIONER THOMAS: second. 20 Ann Osborne
21 COMMISSIONER STRANGE: we have a second by 21 Gary McFarlain
22 Mr. Thomas. Any discussion? So just to be clear~ is 22
23 staff going to make the three changes that we have 23
24 suggested and that's what will be the recommendation from 24
25 the Conunission on to the City Council. Please, vote. And 25
Page 62
1 the vote passes 5-0.
2 Vle had one other item on our Agenda
3 tonight; which was Item N o~ 4 E, and the application for
4 that change has been withdrawn, so we will not be hearing
5 that.
6 And the last item is any future agenda
7 items~ Does anyone here have anything they would like for
8 us to consider at a future meeting? If nott we will
9 adjown our meeting at 7: 57.
10 (End of proceedings.)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CondenseIt TM
PLANNING AND ZONING MEETING AUGUST 9TH, 2006
Page 61 - Page 63
S :\Our Documents\Miscellaneous\06\091206 Atmos AIS.doc
AGENDA INFORMATION SHEET
AGENDA DATE: September 12, 2006
DEPARTMENT: Legal Department
CM/DCMI ACM: Ed Snyder, City Attorney
SUBJECT: Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, denying the rate increase proposed by the Atmos Energy Corporation, Mid- Tex Division;
requiring the reimbursement of municipal rate case expenses; finding that the meeting complies
with the Open Meetings Act; making other fmdings and provisions related to the subject; and
declaring an effective date~
BACKGROUND: On May 31, 2006, Atmos Energy Corporation ("Atmos" or "Atmos
Energy") filed a rate filing package with the :City Secretary to increase rates by approximately
$73 million.. Prior to the Atmos' rate filing, the City adopted a show cause resolution asking
Atmos to show cause why its rates should not be reduced~ By Ordinance No. 2006-181, passed
by you on June 20, 2006, you suspended the effective date of the rate increase for 90 days or at
least to October 3, 2006~ You also joined a coalition of cities known as the Atmos Texas
Municipalities ("ATM"), hired the law firm of Jim Boyle and also authorized hiring by the ATM
Steering Committee of consultants to study Atmos' rate request
Based on the Company's information, Atmos'" proposal would result in an approximate average
monthly increase per customer within the City of approximately $4~02 or a 5.36% increase
residential gas customers, approximately $17.16 or 5..25% increase for commercial customers
and a $7 ~ 10 or ..21 % increase for industrial customers.
OPTIONS:
1 ~ The City could pass the Ordinance ~ which denies Atmos' rate increase which will
probably result in Atmos appealing the "matter to the Railroad Commission ..
2~ The City Council could choose not to pass the Ordinance and Atmos' rate increase will
go into effect in October of this year.
RECOMMENDATION: We would recommend that you pass the Ordinance denying the rate
increase requested by Atmos. With regard to evaluating the rate increase requested by Atmos
Energy, requests for information, requests for documents and depositions of Atmos witnesses
have been on going at the Railroad Commission. This is the most efficient method of conducting
discovery instead of on a city-by-city basis. Written discovery will conclude on September 15,
2006.. Not until discovery is finally concluded is it possible to make final recommendations but,
at this stage, our consultant believes that Atmos is not entitled to an increase in rates~ Below are
a few highlights of some of the errors in Atmo~' filing~
S :\Our Documents\Miscellaneous\06\091206 Atmos AIS.doc
In summary, they are:
.:. Request for Excessive Rate of Return
.:. Request to artificially decrease debt and increase equity
.:. Request for excessive levels of GRIP (infrastructure adjustments)
.:. Radical change in rate design for residential customers to promote waste of
natural gas and shift costs to low use customers
Among the problems with Atmos request is that it has a radical change in rate design~ The
proposed customer charge is increased 41 % over the current customer charge for residential
customers.. For base rates, Atmos proposes that the first 3 Mcfbe increased by 57% while cost
of gas above that amount be decreased by over 200%. In other words, the more gas a customer
uses, the cheaper the rate. The rate design proposed by Atmos promotes consumption and waste
of a very finite natural resource. It also means that low use residential customers will be hit the
hardest by the proposed increase in rates. Below is a chart showing what the rates look like for
the first 3 Mef of consumption.
RESIDENTIAL RATES
Charge Current Proposed % Increase
Customer Charge $9.00 $13.50
GRIP Adjustments 0..58 0
Total $9.58 $13.50 41%
O-1.5Mcf $1.239/Mcf $3.546/Mcf
1 ~ 5 - 3 Mef $1.239/Mcf $0. 346/Mcf
Total $2.478 $3~892 57%
Atmos has increased the customer charge during the last 18 months by over $1.00 per month for
residential customers and by more than $3.68 per month for commercial customers for its Gas
Reliability Infrastructure Program ("GRIP") adjustments. The GRIP adjustments were to be
instituted solely for the purpose of providing for safety and reliability infrastructure (pipeline)
improvements between general rate cases. Instead, Atmos has included items in GRIP costs
which have nothing to do with infrastructure improvements, like the purchase of new computers, ~
office furniture, signage for trucks and other vehicles and telecommunications systems.
Atmos is requesting a return on equity ("ROE") of 11.50/0. From the analysis so far by the City's .
rate expert, a return at this level is far off the mark. In the most recent Atmos case, the Georgia
Public Service Commission decided that the reasonable rate of return should be 10.12% for
Atmos. This is more than 135 basis points less than what Atmos is asking for in the current rate
case.
Page 2 of3
S :\Qur Documents\Miscellaneous\06\091206 Atmos AIS.doc
Atmos is also trying to raise its rates by claiming that regulators should ignore how much debt it
has, but instead, it is asking regulators to treat some of its debt as equity. The cost of debt is
much cheaper (5% - 6%) than the cost of equity (9% - 10.5%). By artificially inflating the cost
of equity, the overall return on investment is increased, thus, making the rate increase request
considerably larger than it should be.
Atmos has repeatedly failed to provide cost information prior to the acquisition on October 1,
2004 of TXU Gas Company assets even though Atmos has an agreement with TXU that such
information would be transferred to Atmos~ The failure to provide the pre-October 1, 2004
information has made it more difficult to analyze the reasonableness of requested costs and
expenses.
For all the above reasons, the ATM Cities Steering Committee reconnnends that the City
Council deny the requested increase in rates and that rates be set in a manner that will not be
unfair to low use customers or be set in a manner which encourages the wasteful consumption of
natural gas.
FISCAL INFORMATION: Under the Public Utility Regulatory Act we feel confident that
Atmos will have to reimburse all the City' s ~easonable rate case expenses. The denial of this
matter and the participation with the ATM cities in this case before the Railroad Connnission
should result in a reduction of Atmos' rate increase request
Respectfully submitted,
r~i%#-
Herbert L. Prouty
Consulting Attorney
Page 3 of3
S :\Our Documents\Ordinances\06\A TM DENY R.A TE INCREASE.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING THE RATE INCREASE
PROPOSED BY THE ATMOS ENERGY CORPORATION, MID-TEX DIVISION;
REQUIRING THE REIMBURSEMENT OF MUNICIP AL RATE CASE EXPENSES;
FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTNE DATE~
WHEREAS, Atmos Energy Corporation - Mid- Tex Division ("Atmos") filed a Statement
of Intent with the City of Denton, Texas ("City") on May 31,2006 to increase its system-wide,
annual revenue requirement, by approximately $73 million; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and under 9103.001 of GURA has exclusive original jurisdiction over Atmos' rates,
operations, and services of a gas utility within the municipality; and
WHEREAS, the original effective date for the Atmos rate increase request was July 5,
2006, the City has suspended the effective date for the City to take final action until at least
October 3, 2006; and
WHEREAS, the City, acting in concert with other cities known as the Atmos Texas
Municipalities ("A TM"), has employed rate experts to review the testimony, schedules,
workpapers and other documents provided by Atmos in its Statement of Intent and in response to
discovery requests; and
WHEREAS, the City's rate experts have reviewed thousands of pages of the books and
records of Atmos and the review is on-going; and
WHEREAS, before the City Council passed this Ordinance, it held a public hearing on
the 12th day of September 2006 at which representatives of Atmos and interested citizens were
given the opportunity to testify and present evidence; and
WHEREAS, based upon the review of the rate experts the request to increase rates should
be denied; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ Findings
(A) On May 31, 2006, Atmos filed a rate filing package with the City based on a test
year ending December 31, 2005, seeking to increase rates by $73 million with a proposed
effective date of July 5, 2006 which was suspended to at least October 3, 2006..
(B) Based on Company-provided information, Atmos' proposal would result in an
approximate average monthly increase per customer within the City as follows:
S:\Our Documents\Ordinances\06\ATM DENY RATE INCREASE.doc
. Residential - $4.02 or approximately 5.36%
. Commercial- $17.16 or approximately 5.250/0
. Industrial- $7.10 or approximately .21 %
(C) The City has exclusive original jurisdiction under the Gas Utilities Regulatory
Act, Texas Utilities Code 9103.001 to evaluate Atmos' proposed rate increase.
(D)
("ATM").
The City has joined a coalition of cities, known as Atmos Texas Municipalities
(E) A TM has hired experts to evaluate and make recommendations regarding the
proposed rate increase.
(F) While ATM's experts will not conclude their investigation until September 15,
2006, based on current information, they recommend that Atmos is not entitled to an increase in
rates.
(G) These experts have determined that the rate increase proposed by Atmos is not
just and reasonable based on the following:
the request seeks an excessive rate of return of 11.50/0;
the request artificially decreases debt and increases equity;
the request seeks excessive levels of infrastructure adjustments for its Gas
Reliability Infrastructure Program ("GRIP"); and
the request proposes a radical change in rate design for residential customers,
which promotes waste of natural gas and shifts costs to low use customers~
(H) The 11.5% rate of return proposed by Atmos is 135 basis points more than the
10.120/0 rate of return considered to be reasonable in Atmas' most recent rate case before the
Georgia Public Service Commission.
(D Atmos' proposal treats some of its debt (at a cost of 5% to 60/0) as equity (at a cost
of 90/0 to 10.50/0), artificially inflating the cost of equity and thereby increasing the overall return
on investments and making the rate increase request considerably larger than justified.
(J) Contrary to the plain language and intent of the Gas Utilities Regulatory Act,
Texas Utilities Code 9104.301, some of the GRIP adjustments proposed by Atmos have nothing
to do with capital investment for infrastructure improvements related to safety and reliability.
Instead GRIP adjustments include the purchase of new computers, office furniture, signage for
trucks and other vehicles and telecommunications systems.
Page 2 of 4
S:\Our Do cuments\Ordinances\06\A TM DENY RATE INCREASE.doc
(K) Atmos has proposed a rate design that unjustly shifts costs of the proposed
increase to low use residential customers by increasing the residential customer charge and base
rate cost for the first 3 Mef of usage. In turn, Atmos has proposed to dramatically decrease the
cost of gas above 3 Mef thereby promoting consumptIon and waste of a finite natural resource as
demonstrated in the chart below.
RESIDENTIAL RATES
Charge
Customer Charge
GRIP Adjustments
Total
Total
Current
$9.00
O~58
$9.58
$1.239/Mcf
$1 ~239/Mcf
$2.478
Proposed
$13.50
o
$13.50
$3.546/Mcf
$O.346/Mcf
$3.892
% Increase
41%
o - 1.5 Mef
1.5 - 3 Mef
570/0
(L) The failure of Atmos to provide cost information related to assets of TXU Gas
Company prior to the acquisition by Atmos on October 1, 2004, has made it difficult to analyze
the components and reasonableness of the requested costs and expenses.
(M) The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Govermnent Code, Chapter 551.
SECTION 2. Based upon the foregoing findings the rate increase proposed by Atmos
and filed with the City on May 31, 2006, is derried.
SECTION 3. Atmos is directed to reimburse all municipal rate case expenses incurred by
the City in relation to the filing.
SECTION 4. A copy of this ordinance shall be sent to Mr. Richard Reis, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240 and to Mr. Jim Finley, City
Attorney, City of Longview, Texas, at fax number 903-239-5539.
SECTION 5. This ordinance shall become effective from and after its passage.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
Page 3 of 4
s: \OUf Documents\Ordinances\06\A TM DENY RATE INCREASE.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 4 of 4
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Fiscal Operations
ACM: Jon Fortune
SUBJECT
Hold a Public Hearing on a proposal to adopt a tax rate of$0.62652 per $100 valuation, which
will exceed the lower of the rollback rate or the effective tax rate.
BACKGROUND
On July 31, 2006 staff provided Council with a copy of the required notice of effective tax
rate calculation that would be published in the Sunday, August 6, Denton Record-Chronicle.
Municipalities are required to publish their rollback tax rates in the newspaper, along with the
effective tax rate and other required schedules. The rollback tax rate divides the overall
property taxes into two categories-maintenance and operations (M&O) taxes and debt
service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase
in operating (M&O) taxes. The effective tax rate is generally the property taxes divided by
the current year's taxable value of properties that were on the tax roll in both years. This rate
excludes taxes on properties no longer in the taxing unit and also excludes the current taxable
value of new properties (growth). The City of Denton's effective rate is $0.56704/$100
valuation and the rollback rate is $0.62790/$100 valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City. The
code specifies that "When a proposed rate exceeds the lower of the rollback rate or the
effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate
on the agenda of a future meeting as an action item." Senate Bill 18, passed during the 79th
Regular Session of the Texas Legislature, requires that two public hearings be held on the
proposed tax increase, with the second hearing occurring three to fourteen days after the first.
The proposed 2006-07 budget includes a $0.62652 tax rate, and exceeds the effective tax rate;
therefore, it requires two public hearings, as well as a published quarter-page notice notifying
the public of the hearings, and a published quarter-page notice before adopting the tax rate
(see attached).
ESTIMATED SCHEDULE
8/15/06
9/12/06
9/19/06
9/26/06
V ote to Place Proposal on Future Agenda
Hold First Public Hearing
Hold Second Public Hearing
Adopt Tax Rate
Agenda Information Sheet
September 12, 2006
Page 2
PRIOR ACTION/REVIEW
On August 15, 2006, Council met and discussed placing a proposal on a future agenda to
adopt a 2006 tax rate and calling two public hearings on a tax increase.
FISCAL INFORMATION
The proposed property tax rate is $0.62652/$100 valuation for the 2006-07 proposed budget.
EXHIBITS
Notice of Public Hearings
Notice of Vote on Tax Rate
~Respect:U~l~ ~ubmitted:
~ .
, ~
Jon Fortune
Assistant City Manager
NOTICE OF PUBLIC HEARING ON TAX INCREASE
The City of Denton will hold two public hearings on a proposal to increase total tax revenues from
properties on the tax roll in the preceding year by 10.49 percent (percentage by which proposed taxes
exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual
taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable
value of your property in relation to the change in taxable value of all other property and the tax rate that is
adopted.
The first public hearing will be held on September 12th at 6:30 p.m.
at
215 E. McKinney, Denton, TX 76201.
The second public hearing will be held on September 19th at 6:30 p.m.
215 E. McKinney, Denton, TX 76201.
at
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR the proposal: Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy,
Council Member Charlye Heggins, Council Member Guy McElroy
Council Member Bob Montgomery, Council Member Jack Thomson
AGAINST the proposal:
PRESENT and not voting:
ABSENT:
Budget with Last Year's Budget
The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the
amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure
categories:
Maintenance and operations
Debt service
Total expenditures
9.2
13.61
9.68
0/0 (Increase) or
0/0 (Increase) or
0/0 (Increase) or
0/0 (Decrease)
0/0 (Decrease)
0/0 (Decrease)
Total Appraised Value and Total Taxable Value
calculated under section 26.04, Tax Code
Total appraised value* of all property
Total appraised value* of new property**
Total taxable value*** of all property
Total taxable value*** of new property**
Preceding Tax Year
$ 5,135,825,863
$ 480,045,643
$ 4,789,376,811
$ 213,311,230
$
$
$
$
Current Tax Year
5,844,920,251
546,332,114
5,441,228,909
255,219,881
Bonded Indebtedness
Total amount of outstanding and unpaid bonded indebtedness
$
130,160,000
Tax Rates
Adopted tax rate for the preceding tax year
Proposed tax rate for the current year
Difference in the proposed tax rate and the
adopted tax rate for the preceding tax year
$
$
$
0.60815
0.62652
0.01837
per $100 in value
per $100 in value
per $100 in value
Percentage increase or decrease in the
proposed tax rate and the adopted tax rate
for the preceding tax year
3.020/0
0/0 Increase
OR
0/0 Decrease
0.000/0
These tax rate figures are not adjusted for changes in the taxable value of property.
* "Appraised Value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code.
** "New Property" is defined by Section 26.012(17), Tax Code.
*** "Taxable Value" is defined by Section 1.04(10), Tax Code.
Comparison of Residence Homestead Taxes
Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax
year.
Preceding Tax Year
Current Tax Year
Average residence homestead value
Homestead exemption amount for the taxing unit
(excluding special exemption for persons 65 years
of age or older or disabled.)
$
$
123,723
5,000
$
$
130,395
5,000
Average taxable value of a residence homestead
(excluding special exemptions for person 65 years
of age or older or disabled.)
$
118,723
$
125,395
Comparison of Residence Homestead Taxes
The taxes would have been imposed in the preceding tax year on a residence homestead at the average appraised value
(excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $722.01. The taxes that
would be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax
year (excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are
estimated to be $785.62. The difference between the amount of taxes on the average residence homestead in the current tax
year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $63.61 in taxes.
Notice
Of Vote on Tax Rate
The City of Denton
conducted public hearings on a proposal
to increase the total tax revenues of the
City of Denton
from properties on the tax roll in the preceding
year by 10.49 percent
on September 12th & September 19th 2006.
The City Council
is scheduled to vote on the tax rate that
will result in that tax increase at a public
meeting to be held
on September 26, 2006
at 215 E. McKinney, Denton, Texas 76201
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Management and Budget
ACM: Jon Fortune
SUBJECT
Hold a public hearing and receive citizen input on the 2006-07 proposed budget.
BACKGROUND
City Charter and State Law require that prior to budget adoption, a public hearing be conducted
to allow citizens the opportunity to provide input on the proposed budget. The required notice
has been published and a public hearing has been scheduled as required.
PRIOR ACTION/REVIEW (Council" Boards" Commissions)
The 2006-07 Proposed Budget was submitted to City Council on July 31, 2006, and a workshop
to present the details of the budget to City Council was conducted on August 2, and August 15,
2006. The Audit/Finance Committee reviewed the budget numerous times, during their summer
meetings. Citizens wishing to review the proposed budget may review a copy at any of the
City's Public libraries, or it is available on-line through the City's web site:
www.citvofdenton.com
FISCAL INFORMATION
The proposed 2006-07 budget totals $387,223,656 in estimated resources and $385,968,158 in
estimated expenditures.
Respectfully submitted:
~~.-
_ .... ... I,. ..-i__ _
;""
~ JI..... ..-
-: ~I .
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Fiscal Operations
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas
announcing that it will vote on a tax rate at its regularly scheduled meeting of September 26,
2006; providing for publication of notice of such vote on the tax rate; and providing an
effective date.
BACKGROUND
On July 31, 2006 staff provided Council with a copy of the required notice of effective tax
rate calculation that would be published in the Sunday, August 6, Denton Record-Chronicle.
Municipalities are required to publish their rollback tax rates in the newspaper, along with the
effective tax rate and other required schedules. The rollback tax rate divides the overall
property taxes into two categories-maintenance and operations (M&O) taxes and debt
service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase
in operating (M&O) taxes. The effective tax rate is generally the property taxes divided by
the current year's taxable value of properties that were on the tax roll in both years. This rate
excludes taxes on properties no longer in the taxing unit and also excludes the current taxable
value of new properties (growth). The City of Denton's effective rate is $0.56704/$100
valuation and the rollback rate is $0.62790/$100 valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City. The
code specifies that "When a proposed rate exceeds the lower of the rollback rate or the
effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate
on the agenda of a future meeting as an action item." Senate Bill 18, passed during the 79th
Regular Session of the Texas Legislature, requires that two public hearings be held on the
proposed tax increase, with the second hearing occurring three to fourteen days after the first.
The proposed 2006-07 budget includes a $0.62652 tax rate, and exceeds the effective tax rate;
therefore, it requires two public hearings, as well as a published quarter-page notice notifying
the public of the hearings, and a published quarter-page notice before adopting the tax rate
(see attached).
ESTIMATED SCHEDULE
8/15/06
9/12/06
9/19/06
9/26/06
V ote to Place Proposal on Future Agenda
Hold First Public Hearing
Hold Second Public Hearing
Adopt Tax Rate
Agenda Information Sheet
September 12, 2006
Page 2
PRIOR ACTION/REVIEW
On August 15, 2006, Council met and discussed placing a proposal on a future agenda to
adopt a 2006 tax rate and calling two public hearings on a tax increase.
FISCAL INFORMATION
The proposed property tax rate is $0.62652/$100 valuation for the 2006-07 proposed budget.
EXHIBITS
Notice of Public Hearings
Notice of Vote on Tax Rate
~R~spect~u~lY submitted:
":-; , ...' ~ ""
).1. I
. !4"~
Jon Fortune
Assistant City Manager
NOTICE OF PUBLIC HEARING ON TAX INCREASE
The City of Denton will hold two public hearings on a proposal to increase total tax revenues from
properties on the tax roll in the preceding year by 10.49 percent (percentage by which proposed taxes
exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual
taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable
value of your property in relation to the change in taxable value of all other property and the tax rate that is
adopted.
The first public hearing will be held on September 12th at 6:30 p.m.
at
215 E. McKinney, Denton, TX 76201.
The second public hearing will be held on September 19th at 6:30 p.m.
215 E. McKinney, Denton, TX 76201.
at
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR the proposal: Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy,
Council Member Charlye Heggins, Council Member Guy McElroy
Council Member Bob Montgomery, Council Member Jack Thomson
AGAINST the proposal:
PRESENT and not voting:
ABSENT:
Budget with Last Year's Budget
The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the
amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure
categories:
Maintenance and operations
Debt service
Total expenditures
9.2
13.61
9.68
0/0 (Increase) or
0/0 (Increase) or
0/0 (Increase) or
0/0 (Decrease)
0/0 (Decrease)
0/0 (Decrease)
Total Appraised Value and Total Taxable Value
calculated under section 26.04, Tax Code
Total appraised value* of all property
Total appraised value* of new property**
Total taxable value*** of all property
Total taxable value*** of new property**
Preceding Tax Year
$ 5,135,825,863
$ 480,045,643
$ 4,789,376,811
$ 213,311,230
$
$
$
$
Current Tax Year
5,844,920,251
546,332,114
5,441,228,909
255,219,881
Bonded Indebtedness
Total amount of outstanding and unpaid bonded indebtedness
$
130,160,000
Tax Rates
Adopted tax rate for the preceding tax year
Proposed tax rate for the current year
Difference in the proposed tax rate and the
adopted tax rate for the preceding tax year
$
$
$
0.60815
0.62652
0.01837
per $100 in value
per $100 in value
per $100 in value
Percentage increase or decrease in the
proposed tax rate and the adopted tax rate
for the preceding tax year
3.020/0
0/0 Increase
OR
0/0 Decrease
0.000/0
These tax rate figures are not adjusted for changes in the taxable value of property.
* "Appraised Value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code.
** "New Property" is defined by Section 26.012(17), Tax Code.
*** "Taxable Value" is defined by Section 1.04(10), Tax Code.
Comparison of Residence Homestead Taxes
Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax
year.
Preceding Tax Year
Current Tax Year
Average residence homestead value
Homestead exemption amount for the taxing unit
(excluding special exemption for persons 65 years
of age or older or disabled.)
$
$
123,723
5,000
$
$
130,395
5,000
Average taxable value of a residence homestead
(excluding special exemptions for person 65 years
of age or older or disabled.)
$
118,723
$
125,395
Comparison of Residence Homestead Taxes
The taxes would have been imposed in the preceding tax year on a residence homestead at the average appraised value
(excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $722.01. The taxes that
would be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax
year (excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are
estimated to be $785.62. The difference between the amount of taxes on the average residence homestead in the current tax
year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $63.61 in taxes.
Notice
Of Vote on Tax Rate
The City of Denton
conducted public hearings on a proposal
to increase the total tax revenues of the
City of Denton
from properties on the tax roll in the preceding
year by 10.49 percent
on September 12th & September 19th 2006.
The City Council
is scheduled to vote on the tax rate that
will result in that tax increase at a public
meeting to be held
on September 26, 2006
at 215 E. McKinney, Denton, Texas 76201
L:\Our Documents\Resolutions\06\vole on tax rate.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY
SCHEDULED MEETING OF SEPTEMBER 26, 2006; PROVIDING FOR PUBLICATION OF
NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, at its regularly scheduled meeting of August 15, 2006, the City Council
voted to place a proposal on the September 26, 2006 City Council regular meeting to adopt a
proposed tax rate of $0.62652 per $100 valuation, which will exceed the lower of the rollback
rate or the effective tax rate; and
WHEREAS, the City Secretary duly recorded the vote of the City Council on that matter;
and
WHEREAS, the City Council also called two public hearings, the first for its regular
meeting of September 12, 2006 and a special called hearing on September 19, 2006, on the tax
increase; and
WHEREAS, publication of notice of two public hearings on the tax increase were made
in accordance with the law, and said public hearings were held on September 12, 2006 and
September 19, 2006, and all proponents and opponents of the tax increase were given an
adequate opportunity to present their views at the public hearings; and
WHEREAS, the City Council wishes to finally set the date, time, and place of the
meeting at which it will vote on the tax rate; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
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 will vote on the proposed tax rate at its regularly
scheduled meeting of September 26,2006, which will commence at 6:30 p.m. and will be held in
the City Council Chambers at City Hall at 215 East McKinney, Denton, Texas 76201.
SECTION 2. THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE
TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A
$100,000 HOME BY APPROXIMA TEL Y $18.37.
SECTION 3. Prior to the vote on the tax rate, the City Manager and the Assistant City
Manager are directed to publish in the Denton Record-Chronicle, a newspaper having general
circulation in the City, the attached Notice of Vote on the Tax Rate, which is made a part of this
resolution for all purposes, such publication to be in compliance with the requirements of the
Texas Tax Code.
L:\Our Documents\Resolutions\06\vote on tax rate. doc
SECTION 4. This resolution shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas on this the 12th
day of September, 2006, at which meeting a quorum was present and the meeting was held in
accordance with the provisions of Tex. Gov't Code ~551.001, et seq. The City Secretary is
hereby advised to record this resolution and the vote on the proposal to place the item for a tax
increase on the September 26, 2006 City Council agenda.
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
Councilmember
Voted For
V oted Against
BY:
Perry McNeill, Mayor
Pete Kamp, Mayor Pro Tern
Joe Mulroy, Deputy Mayor Pro Tern
Bob Montgomery
Charlye Heggins
Jack Thomson
Guy McElroy
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Ross Chadwick 349-8830
ACM:
Jon Fortune II
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for paramedic training
and certification for the staff of Fire Station 7 through North Central Texas College; and
providing an effective date (File 3598 in an amount not to exceed $35,400).
FILE INFORMATION
In preparation for staffing Fire Station 7, twelve firefighters must attend and successfully
complete paramedic school. North Central Texas College (NCTC) Corinth campus offers the
required course curriculum. Although several educational institutions offer the paramedic
school, NCTC is the only accredited facility offering this specialized course with a completion
date that coincides with the opening of Fire Station 7.
RECOMMENDA TION
Approve invoice from North Central Texas College in the amount of$35,400.
PRINCIPAL PLACE OF BUSINESS
North Central Texas College
Corinth, TX
ESTIMATED SCHEDULE OF PROJECT
Completion of the paramedic course is scheduled for January 2007.
FISCAL INFORMATION
This item will be funded from account 320100.7908.
Agenda Information Sheet
September 12, 2006
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Invoice from North Central Texas College
l-AIS-File 3598
Attachment 1
:11... ,..~.
... . .. .
. . . r
::". ..:...
~ .. ~..~ ....y, " ..
. . J -~ .,.. .., :.
mmt .~. 11'0"
. ..::."<<:,.y
N he...............................................
t .,......................t......................
or .e.......u........ .11......a......
. . .... ..
.. . . .. . ..
. . .... ... ..
. . .. ... . .
',. ... .... .... . .
.. . . .... ..
. . ...... ..
. . .. .. .
... ..... .
...........................
~' '~~1<.,~. R. :.~ .,.;~,.~.
;;" ; Jk ", ;C'-:, "I,}m .~~~""
:IIlas College
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
1500 N. Corinth. Corinth, TX 76208-5408 . 940/498-6237 . Fax 940/498-6444
August 25, 2006
To: Laura- Denton Fire Department
From: Misty Clark- North Central Texas College
Here is the breakdown of figures for the fall 2006 fire department paramedic course:
Prices per Student:
Tuition and Fees for 34 credit hours- $2500.00
Lab Fees for courses- $ 300.00
National Registrv Pass Through fee- $ 150.00
Total per Student $2950.00
Total 12 Students in Paramedic School- $35,400.00
Let me know if I can assist you further.
Respectfully,
Misty Clark
Health Sciences Department Assistant
North Central Texas College
(940) 498-6237 office
940) 498-6444 fax
mclark@nctc.edu
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PARAMEDIC
TRAINING AND CERTIFICATION FOR THE STAFF OF FIRE STATION 7 THROUGH NORTH
CENTRAL TEXAS COLLEGE; AND PROVIDING AN EFFECTIVE DATE (FILE 3598 IN AN
AMOUNT NOT TO EXCEED $35,400).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees proposed are fair and reasonable and are consistent with and not higher
than the recommended practices and fees published by the professional associations applicable to the
Provider's profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings contained in the preamble of this ordinance are incorporated
herein by reference.
SECTION 2. The City Manager or his designee is hereby authorized to expend the funds to
North Central Texas College to provide paramedic training in the amount of $35,400.00.
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:
3-0RD-File 3598
~rfr-
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
Parks and Recreation
CM:
Howard Martin, 349-8232 _
SUBJECT
Consider a request for an exception to the Noise Ordinance for amplified sound on Sunday,
September 17, 2006, for the Texas Bicycle Racing Association event hosted by the Greater
Denton Sports Commission. The event will be held from 12:00 noon until 7:00 p.m. and will
cover several of the downtown streets. Public address system will be used to make
announcements and conduct the races.
The request is for an exception to the Noise Ordinance for amplified sound on Sunday.
BACKGROUND
The Greater Denton Sports Commission will be hosting its first Texas Bicycle Race on the
Downtown Square and surrounding streets. The events will attract a number of cyclists from
cities throughout the metroplex due to the uniqueness of being able to race on a downtown route.
Announcements will need to be made during and between races.
EXHIBITS
1. Letter of Request from Denton Sports Commission
Janet Fitzgerald, Director
Parks and Recreation Department
Prepared by:
~m~
Janie McLeod
Community Events Coordinator
- ..:..' ~ - ..-,.. :;.r ----.
)~ ~~ ' , ..... t
t: ~ 'F
~~ - j ...
I I i
II H . ,J~ ' ,r:J
I ~ ~~
:' J~ .t
~ !\, .
. . lIT
i: . . . . ;t
. . : ~.. . . : ! ' I
] I . ~ ' Ii
~I r' .:, ')1 ..
1. ....... .- .~ -- 'i .
I~ ,]~ ;I~ -; ~ JI', 1 II
~ '"
. - ~ II.
I ;1 ..
,~ . ~. ..:: . . .
Jj . :: : ~ - - ,
.~ t ~ . . - ;.
. . ..
..
.iI" :~
. .. I~ tt; . ,
~I ~ 1 I.
i 'I
.: . . . - ,
r. .
..
. J ... ~ I i :::: :: ::
. .
~: -
'I I -
:~ ...
. ~ ill
I -
I .. ,. .,
I ~ I :t .... . .
. . .
r . , . ::::
L '
. . i : ....
I . 1 l',
.' :: ::
V
,
::~ -.~~~~
~p~__h I;: ~ ~;
:.,.. I _ _ 4 i. .. d ' ~ II
- __ __ - III ~ :I...~ .....
:1 ~~
"I: .... .
..
':;r. ~
.
. .. I
· i-.
:: ::
.t1 . II1II
Ii'
~ ~
~~
. I I
~:
.~
- -=- -.. ~.... . =------ ~ ~ - --=- ;
----=:.=-::;: -
"t-.
:: ::
::~
-
~ ..'
:-'
IL .
-
.
;~ .. ... . ~ ....
.. '
.
:~
. ~
- .'"
- ~ --.. ::
.
:'"'-
Ll ' .. .. -
t: -J ... .
.
~: ,. - ~ ~ =
. I ~ ..
. .. .... ....
r~l .
.. ::
.
1\1 .
.., (I
II~/I
::: ~~I ~: ::::
:: .. !(
;f
r. . -;:. ::::
iJ""-
. J \t I
... i':
..
. .
~ ~
~
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEP ARTMENT:
Community Development
CM:
Howard Martin, 349-8232_
SUBJECT
Consider the adoption of an ordinance accepting a proposal and awarding a contract for a Utility
Assistance Program for low-income households; providing for the expenditure of funds
therefore; and providing for an effective date (RFP 3504 Utility Assistance Program awarded to
Interfaith Ministries). Public Utilities Board recommends approval (6-0).
BACKGROUND
The P-L-U-S (Prevent Loss of Utility Service) One Program was initiated by Denton Municipal
Electric and approved by Council in 1983. The program encourages citizens to voluntarily
donate funds to support others in the community that need assistance to maintain utility services.
The program currently requires that these funds be administered and distributed by a third party.
From 1983 through 1998, Denton Cooperative Ministries administered the program. Since 1998,
the contract has been awarded to Interfaith Ministries of Denton, Inc. From 1993-'94 through
the 2004-'05 fiscal year, annual contributions have averaged $23,756.
A Request for Proposals was issued last May for administration of the Utility Assistance
Program. Interfaith Ministries was the only organization that responded to the RFP. Community
Development will monitor Interfaith's performance under the contract on behalf of the City and
Denton Municipal Utilities.
ESTIMATED PROJECT SCHEDULE
The contract term is from September 1, 2006 through August 31, 2009. A two-year extension
may be granted if both the City and Interfaith Ministries give approval. Funding collected for
utility assistance will be provided to Interfaith Ministries on a monthly basis.
PRIOR ACTION/REVIEW (Councils.. Boards.. Commissions)
The Request for Proposal results was presented to the Public Utilities Board on June 29, 2006.
Public Utilities Board recommends approval (6-0).
FISCAL INFORMATION
Funding for the Utility Assistance Program is provided by Denton Municipal Utility customers
through the Plus One program.
Interfaith's proposal states that they would require $4,000 in administrative funds to manage the
program and assist utility customers up to a $25,000 assistance cap. If funding available for
utility assistance is more than $25,000, Interfaith has proposed that 15% of the overage would be
used to pay additional administration expenses. Administrative funds will be paid through Plus
One contributions.
The Human Services Coordinator will monitor contract performance. This position is currently
funded through the General Fund. No additional General Fund dollars will be used for the
program.
EXHIBITS
1. Service Agreement Between the City of Denton and Interfaith Ministries
2. PUB Minutes
3. Ordinance
Respectfully submitted:
Janet Fitzgerald, Director
Parks and Recreation
Prepared by:
Barbara Ross
Community Development Administrator
S:\OUT Documents\Ordinances\06\Interfaith Ministries Ord .doc
ORDINANCE NO.
AN ORDINANCE ACCEPTING A PROPOSAL AND AWARDING A CONTRACT FOR A
UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME HOUSEHOLDS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE
DATE (RFP 3504 UTILITY ASSISTANCE PROGRAM AWARDED TO INTERFAITH
MINIS TRIES).
WHEREAS, the City has solicited, rec~ived and reviewed Interfaith Ministries' response
to the Request for Proposals for a Utility Assistance Program in accordance with the procedures
of State law and City ordinances; and "
WHEREAS, the City Manager or designated employee has reviewed and recommended
that the herein described proposal is appropriate for administration of the Utility Assistance
Program as submitted; and
WHEREAS, funding for the Utility Assistance Progr~ is provided by rate payers"
tlrrough contributions to the Utility Trust Fund"; NOW, THERFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The proposal submitted by Interfaith Ministries for the administration of
the Utility Assistance Program is hereby accepted and approved as being the most responsible
and appropriate proposal for such services;
SECTION 2.. By the acceptance and approval of the above request for proposals, the City
accepts the offer of Interfaith Ministries and their proposal and agrees to purchase the services in
accordance with the terms, and standards for the specified sums contained in the Request for
Proposals and related documents..
SECTION 3. The City and Interfaith Ministries having approved and accepted the
service proposal, wish to enter into a formal written agreement and as a result of the acceptance,
approval and awarding of the contract, the City Manager or his designated representative is "
hereby authorized to execute the written contracts which shall be attached hereto; provided that
the written contract is in accordance with the terms, conditions and specified sums contained in "
the Request for Proposals and related documents herein approved and accepted.
SECTION 4. By the acceptance and" approval of the above Request for Proposals, the
City Council hereby authorizes the expenditure of funds therefore in the amount and in
accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein~
SECTION 5. This ordinance shall bepome effective inunediately upon its passage and
approval.
Exhibit 3
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD, AT ORNEY
BY:
day of
, 2006.
PERRY R. McNEILL, MAYOR
S:\Our Documents\Contracts\06\CDBG Funding Agreements 2006..Q7\Utility Asst Agreement06.doc
2006-2007
SERVICE AGREEMENT BETWEEN
THE CITY OF DENTON AND
INTERFAITH MINISTRIES
This Agreement is made and entered into by and between the City of Denton, a
Texas municipal corporation, acting by and through its City Manager, pursuant to
ordinance, herei.nafter referred to as CITY, and Interfaith Ministries, 109 West Sycamore,
Denton, TX 76202 a Texas non..profit corporation, hereinafter referred to as
CONTRACTO]~.
,
VlHEREAS, CITY has received certain charitable contributions to help utility
customers who face termination of services due to financial hardship through the
Utility Assistance Progfam; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, "rHEREFORE, the parties hereto agree, and by the execution hereof are
bound to the mutual obligations and to the performance and accomplishment of the
conditions hereinafter described~
1. TERM
This Agreement shall commence on or as of September 1, 2006, and shall
terminate on A~ugust 31, 2009, unless sooner terminated in accordance with Section 22
nTerminationn~ A two-year extension of the agreement may be granted upon approval of
both CONTRA.CTOR and CITY.
2. RESPONSIBILITIES
CONTltACTOR hereby accepts the responsibility for the performance of all
selVices and activities described in the Utility Assistance Program Guidelines attached
hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein. CITY will consider
CONTRACTC)R's executive officer to be CONTRACTOR's representative resp.onsible
for the management of all contractual matters pertaining hereto, unless written
notification to the contrary is received from CONTRACTOR, and approved by CITY..
The (:ITY's Community Development Administrator will be CITY's
. representative responsible for the administratioll of this Agreement.
3. CITY'S OBLIGATION
A~ Lir.lit of Liability~ On a monthly basis, CITY will provide CONTRACTOR
with a set amount of funding equal to or less than the amount of funding
CI~rY has available in the Utility Assistance Trust Fund account" The Utility
Assistance trust account holds lfunds that have been contributed by citizens.
~~.
Exhibit 1
Funds are to be distributed by CONTRACTOR to those utility customers who
meet the criteria of the Utility Assistance Program.. On a quarterly basis,
crry will review expenditure documentation and reconcile payments and
expenditure records~ At any time, if CITY funds on hand are exhausted,
CONTRACTOR may submit additional payment requests to CITY ~
B~ Measure ofLiability~ In consideration of full and satisfactory services and
activities hereunder by CONTRACTOR, CITY agrees that
CONTRACTOR can recover administrative costs from the funds subject
to the limitations and provisions set forth in this Section and Section 9 of
this asreement
(1) The parties expressly understand and agree that CITY's obligations under
this Section are contingent" upon the actual receipt of contributions from
the utility customers of the CITY. If there are no contributions in the
Utility Assistance trust fund acconnt for any month, CITY shall notify
CONTRACTOR in writing within a reasonable time after such fact has
been determined~ The lack of any contributions for any particular month
shall not make the CITY liable for any costs that the
CONTRACTOR may incur for the administration of the Utility Assistance
program.
(2) It is expressly understood .that this Agreement in no way obligates the
General Fund or any other monies or credits of the City of Denton.
:
(3)
CITY shall not be obligated or liable under this Agreement to any party
other than CONTRACTOR for providing funds or provision of any goods
or services.
4. COMPLIANCE WITH FEDERAL,
STATE AND LOCAL LAWS
CONTRACTOR shall comply with all applicable federal1aws, laws of the State
of Texas and ordinances of the City ofDenton~
5. REPRESENTATIONS
A. CONTRACTOR assures and guarantees that it possesses" the legal
authority, pursuant to any proper, appropriate and official motion,
resolution or action passed or taken, to enter into this Agreement
B~ The person or persons signing and executing this Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they
have been fully authorized by CONTRACTOR to execute this Agreement
on behalf of CONTRACTOR and to validly and legally bind
CONTRACTOR to all terms, performances and provisions herein set
forth..
Page 2 of 1 7
.....
c~ CITY shall have the right, at its option, to either temporarily suspend or
permanently terminate this . Agreement if there is a dispute as to the legal
authority of either CONTRACTOR or the person signing the Agreement
to enter into this A.greement. CONTRACTOR is liable to CITY for any
money it has received from .CITY for performance of the provisions of this
Agreement if CITY has suspended or terminated this Agreement for the
reasons enumerated in this Section~
D~ CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this 'Agreement will in no way be
substituted for funds and resources from other sources, nor in any way
"
serve to reduce the resources, services, or other benefits which would have
been available to, or provided through, CONTRACTOR had this
Agreement not been executed~
6. PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the
activities and services set out in the Utility Assistance Program guidelines, attached
hereto and incorporated herein for all purposes as Exhibit A, and in accordance . with all
other terms, provisions and requirements of this Agreement
No modifications or alterations may be made in the Utility Assistance Program's
guidelines without the prior written approval of the CITY.
7. WARRANTIES
:
CONTRACTOR 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 sJatements heretofore requested by CITY and
furnished to CITY, are complete, accurate and fairly reflect the financial
condition of CONTRACTOR on the date shown on said report, and the
results of the operation for the period covered by the report, and that since
said date, there has been no material change, adverse or othetwise, in the
fmancial condition of CONtRACTOR~
C.. . No litigation or legal proceedings are presently pending or threatened
against CONTRACTOR.
D. None of the provisions herein contravenes or is in conflict with the
authority under which CONTRACTOR is doing business or with the
provisions of any existing i~denture or agreement of CONTRACTOR..
Page 3 of 17
"'-t
E. CONTRACTOR 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 CONTRACTOR is subject to any lien or
encumbrance of any character, except for current taxes not delinquent,
except as shown in the financial statements furnished by CONTRACTOR
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.
"
8. COVENANTS
A. During the period of time that payment may be made hereunder and so long as
any payments remain unliquidated, CONTRACTOR shall not:
(1) Use the funds provided for any use other than those provided for in the
Utility Assistance Program guidelines.
.....
9. ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in
the performance of and in compliance with this Agreement.
B.
CITY's prior written authorization. is required in order for the following to be
considered allowable costs:
:
(1) CITY shall not be obligated to any third parties, including any
subcontractors of CONTRACTOR, and CITY funds shall not be used to
pay for any contract service' extending beyond the expiration of this
Agreement.
(2) Out of town travel.
(3) Any alterations or relocation ofthe facilities on and in which the activities
specified in Exhibit A are conducted.
(4) Costs or fees for temporary employees or services.
(5) . Any fees or payments for consultant services.
(6) Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are CONTRACTOR's responsibility and shall
be made within sufficient time to permit a.thorough review by CITY. CONTRACTOR
must obtain written approval by CITY prior to the commencement of procedures to
solicit or purchase services, equipment, or real or personal property. Any procurement or
Page 4 of 1 7
...,.
purchase which may be approved under the terms of this Agreement must be conducted
in its entirety in accordance with the provisions of this Agreement.
c. Program administration costs recovered for each month's services by
CONTRACTOR for Utility Service Trust Funds made available by City up to
$25,000 per calendar year, shall be paid at the rate of $333.33 per calendar month
or sixteen percent (16%) of the trust funds for a minimum of $4,000..00 per
calendar year. Program administration services by CONTRACTOR for Utility
Service Trust Funds made available by City in excess of $25,000 per calendar
year, shall be paid at the rate of fifteen percent (150/0) of the trust fund amount
that exceeds.$25,OOO up to a maximum combined total of $12,000.00 per calendar
"
year.. Program administration costs will be deducted by CONTRACTOR from the
monthly funding amount provided by the CITY..
10. MAINTENANCE OF RECORDS
A.
CONTRACTOR agrees to maintain records that will provide accurate,
current, separate, and complete disclosure of the status of the funds
received under this Agreement, in compliance with the provisions of this
Agreement and the Utility Assistance Program Guidelines, and with any
other applicable Federal and State regulations establishing standards for
financial management. CONTRACTOR's record system shall contain
sufficient documentation tOt provide in detail full support and justification
for each expenditure. Nothing in this Section shall be construed to relieve
CONTRACTOR of fiscal ,accountability and liability under any other
provision of this Agreement or any applicable law. CONTRACTOR shall
include the substance of this provision in a1] subcontracts..
..
I
B.. CONTRACTOR agrees to retain all books, records, documents, reports,
and written accounting proc,edures pertaining to the operation of programs
and expenditures of funds under this Agreement for the period of time and
under the conditions specified by CITY.
c. Nothing in the above subsections shall be construed to relieve
CONTRACTOR of responsibility for retaining accurate and current
records which clearly reflect the level and benefit of services provided
under this Agreement :
D. Notwithstanding any other prOVIsIons of this Agreement or Utility
Assistance Program guidelines, at any reasonable time and as often as
CITY may deem necessary, the CONTRACTOR shall make available to,
all of its records and shall permit CITY, or any of its authorized
representatives to audit, e:?I-amine, make excerpts and copies of such
records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employment and all other
data requested by said representatives..
Pag~ 5 of 17
"'-t
11. REPORTS AND INFORMATION
At suc~ times and in such form as CITY may require, CONTRACTOR shall
furnish such statements, records, data and information as CITY may request and deem
pertinent to matters covered by this Agreement.
Unless a written exemption has been granted by the CITY, CONTRACTOR shall
submit the most recent yearly audit conducted by independent examiners within ten (10)
days after receipt of such request.
12. MONITORING AND EVALUATION
"
A~ CITY shall perform on-site monitoring of CONTRACTOR's
performances under this Agreement.
B~ CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the Utility
Assistance Program guidelines which are attached hereto as Exhibit A, as
well as other provisions of this Agreement
.......
c~ CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to
provide data determined by CITY to be necessary for CITY to effectively
fulfill its monitoring and evaluation responsibilities.
D.
CONTRACTOR agrees to cooperate in such a way so as not to obstruct or
delay CITY in such monitoring and to designate one of its staff to
coordinate the monitoring process as requested by CITY staff~
E~ After each official monitori~g visit, CITY shall provide CONTRACTOR
with a written report of monitoring findings.
F ~ CONTRACTOR shall submit copies of any fiscal, management, or audit
reports by any of CONTRACTOR's funding or regulatory bodies to CITY
within ten (10) days of receipt by CONTRACTOR.
13. DIRECTORS' MEETING"S
During the terms of this Agreement, CONTRACTOR shall cause to be delivered
to CITY copies of all notices of meetings of its Board of Directors, setting forth the time
and place thereof~ 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. CONTRACTOR understands and agrees that CITY representatives shall be
afforded access to all of the Board of Directors' meetings~
Minutes of all meetings of CONTRACTOR's governing body shall be available
to CITY within ten (10) working days of approval.
Page 6 of 1 7
......,
14. INSURANCE
A. CONTRACTOR shall observe sound business practices with respect to
providing such bonding and msurance as would provide adequate
coverage for services offered under this Agreement. CONTRACTOR
shall be allowed a reasonable time to obtain such insurance and bonding
from the time of the signing of the contract
B. The premises on and in which the activities described in Exhibit A are
conducted, and the employees conducting these activities, shall be covered
by premise liability insurance, commonly referred to as "Owner/Tenant"
..".
coverage with CITY named as an additional insured, within a reasonable
time of signing the contract. Upon request of CONTRACTOR, CITY
may, at its sole discretion, approve alternate insurance coverage
arrangements.
c. CONTRACTOR will comply with applicable workers' compensation
statues and will obtain employers' liability coverage where available and
other appropriate liability coverage for program participants, if applicable.
"\
D. CONTRACTOR will maintain adequate and continuous liability insurance
on all vehicles owned, leased or operated by CONTRACTOR. All
employees of CONTRACTOR who are required to drive a vehicle in the
normal scope and course of their employment must possess a valid Texas
driver's license and automobile liability insurance~ Evidence of the
employee's current possession of a valid license and insurance must be
maintained on a current basis in CONTRACTOR's files~
E~ Actual10sses not covered by insurance as required by this Section are not
allowable costs under this Agreement, and remain the sole responsibility
of CONTRACTOR~
F. The policy or policies of insurance shall contain a clause which requires
that City and Contractor Qe notified in writing of any cancellation of
change in the policy at least thirty (30) days prior to such change or
cancel1ation~
15. EQUAL OPPORTUNITY
A. CONTRACTOR shall comply with all applicable equal employment
opportunity and affirmative action laws or regulations..
B.. CONTRACTOR will fumis,h all information and reports requested by the
CITY, and will permit access to its books, records, and accounts for
purposes of investigation to ascertain compliance with local, state and
Federal rules and regulations.
C.. In the event of CONTRACTOR's non-compliance with the non-
Page 7 of 1 7
'b.,.
discrimination requirements, CITY may cancel or terminate the
Agreement in whole or in part, and CONTRACTOR may be barred ftom
further contracts with CITY..
16. PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available
for examination.. Such personnel policies shall:
A.. Be consistent with CITY's~ personnel policies, procedures, and practices,
inclucJj.ng policies with respect to employment, salary and wage rates,
working hours and holidays, fringe benefits, vacation and sick leave
privileges, and travel, unless exceptions approved by CITY; and
B. Be in writing and shall be approved by the governing body of
CONTRACTOR and by CITY~
17. CONFLICT OF INTEREST
A~ CONTRACTOR 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 CONTRACTOR 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.. CONTRACTOR further covenants that no member of its governing body
or its staff, subcontractors or employees shall possess any interest in or use
his position for a purpose that is or gives the appearance of being
motivated by desire for private gain for himself, or others, particularly
those with which he 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 (1) 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; or (2) have any
interest, direct or indirect, in this Agreement or the proceeds thereof.
,
18. NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a
member of the immediate family of any person who is currently employed by
CONTRACTOR, or is a member of CONTRACTOR's governing board. The term
"member of immediate family" includes: wife, husband, son, daughter, mother, father,
brother, sister, in-laws, aunt, uncle, neph~w, niece, step-parent, step-child, half-brother
and half-sister.
Page 8 of 1 7
't.-,.
19. POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve,i..and no portion
of the funds received by CONTRACTOR hereunder shall.be used, either
directly or indirectly, for any political activity (including, but not limited
to, an activity to further the election or defeat of any candidate for public
office) or any activity undertaken to influence the passage, defeat or final
content of legislation.
B. None of the performance rendered hereunder shall involve, and no portion
of the funds received by CONTRACTOR hereunder shall be used for or
"""
applied directly or indirectly to the construction, operation, maintenance
or administration, or be utilized so as to benefit in any matlller any
sectarian or religious facility or activity, unless authorized by this contract
and ordinance authorizing Utility Assistance Program.
20. 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. CONTRACTOR may not make transfer from the funds provided in this
agreement to any other budget item or fund unless provided for in this
Agreement and Utility Assistance Program guidelines.
c. 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.
D. CITY may, from time to time during the term of the Agreement, request
changes in Exhibit A Such changes shall be incorporated in a written
amendment hereto, as provided in Subsection A of this Section.
E. CONTRACTOR agrees to notify CITY of any proposed change in
physical location for work performed under this Agreement at least thirty
(30) calendar days in advance of the change.
F. CONTRACTOR shall notify CITY of any changes in personnel or
governing board composition.
G. It is expressly understood that neither the performance of Exhibit A for
any program contracted hereunder nor the transfer of funds between or
among said programs will be permitted.
Pag~ 9 of 1 7 ,
21. SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time conditions and duties provided herein, CITY,
without limiting any rights it may otherwise have, may, at its discretion, and upon ten
(10) working days written notice to CONTRACTOR, withhold further payments to
CONTRACTOR~ Such notice may be given by mail to the Executive Officer and the
Board of Directors of CONTRACTOR~ The notice shall set forth the default or failure
alleged, and the action required for cure. ·
"'
The period of such suspension shall be of such duration as is appropriate to
accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At
the end of the suspension period, if CITY determines the default or deficiency has been
satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible
funds withheld or impounded during the suspension period. Ifhowever, CITY determines
that CONTRACTOR has not come into compliance, the provisions of SECTION XXII
may be effectuated.
'\
22. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons
or for other reasons not specifically enumerated in this paragraph:
:
(1)
CONTRACTOR's failure to attain compliance during any prescribed
period of suspension as provided in Section 21
(2) CONTRACTOR's violation of covenants, agreements or guarantees of
this Agreement
(3) Finding by CITY that CONTRACTOR:
(a) is "in such unsatisfactory financial condition as to endanger
performance under this Agreement;
(b) is delinquent in payment of taxes, or of costs of performance of this .
Agreement in the ordinary course ofbusiness~
(4) Appointment of a trustee, receiver or liquidator for all or substantial part
of CONTRACTOR's property, or institution of bankruptcy,
reorganization, rearrangement of or liquidation proceedings by or against
CONTRACTOR.
(5) The commission of an act of bankruptcy.
Page 10 of 17
...
(6) CONTRACTOR's violation of any law or regulation to which
CONTRACTOR is bound or shall be bound under the terms of the
Agreement
CITY shall promptly notify CONTRACTOR in wntlng of the decision to
terminate and the effective date of termination~ CONTRACTOR will refund any funds
not yet distributed less any administrative cost allowed by this Agreement within thirty
(30) days of termination.
B. CITY may terminate this Agreement for convenience at any time. If this
Agreement is terminated by CITY for convenience, the termination shall be made
effective by the CITY giving written notice to the CONTRACTOR..
c~ CONTRACTOR may terminate this Agreement in whole or in part by written
notice to CITY, if a termination of outside funding occurs upon which
CONTRACTOR depends for performance hereunder. CONTRACTOR may
terminate this Agreement upon the_dissolution of CONTRACTOR's organization
not occasioned by a breach of this Agreement.
D. Upon receipt of notice to terminate by CITY or by termination of contract under
subsection C of this paragraph, CONTRACTOR shall return any funds not yet
distributed less any administrative costs allowed by this Agreement, within thirty
(30) days of the termination..
E.
Notwithstanding any exercise by CITY of its right of suspension or termination,
CONTRACTOR shall not be relieved of liability to CITY for damages sustained
by CITY by virtue of any breach of the Agreement by CONTRACTOR.
~
23. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by
any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR
shall give written notice thereof to CITY within two (2) working days after being notified
of such claim, demand, suit or other action. Such notice shall state the date and hour of
notification of any such claim, demand, suit or other action; the names and addresses of
the person(s), firm, corporation or other entity making such claim, or that instituted or
threatened to institute any type of action or proceeding; the basis of such claim, action or
proceeding; and the name of any person(s) against whom such claim is being made or
threatened~ Such written notice shall be delivered either personally or by mail.
24. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent contractor and that as
such, CONTRACTOR shall save and hold CITY, its officers, agents and
employees harmless from all liability of any nature or kind, including
costs and expenses for, or on account of, any claims, audit "exceptions,
demands, suits or damages qf any character whatsoever resulting in whole
Page-II of 17
~
or in part from the performance or omission of any employee, agent or
representative of CONTRACTOR..
B. CONTRACTOR agrees to provide the defense for, and to indemnify and
hold harmless CITY its agents, employees, or contractors from any and all
claims, suits, causes of action, demands, damages, losses, attorney fees,
expenses, and liability arising out of the use of these contracted funds and
program administration and implementation except to the extent caused by
the willful act or omission of CITY, its agents, employees, or contractors~
25. MISCELLANEOUS
"""
A. CONTRACTOR shall not transfer, pledge or otherwise assign this
Agreement or any interest therein, or any claim arising thereunder, to any
party or parties, company or other 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 of both parties hereto.
c.
In no event shall any payment to CONTRACTOR 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 CONTRACTOR. Neither shall
such payment, act, or omi~sion 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
antecedent to this Agreement, whether written or oral, shall have no force
or effect whatsoever; nor shall an 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 ~f this Agreement
E.. In the event any disagreem~nt or dispute should arise between the parties
hereto pertaining to the interpretation or meaning of any part of this
Agreement or its governing rules, codes, laws, ordinances or regulations,
CITY will have the final authority to render or to secure an interpretation~
F.. For purposes of this Agreement~ all official communications and notices
Page 12 of 1 7
I'tt!t
among the parties shall be deemed made if sent postage paid to the parties
at the address set forth below:
TO CITY:
TO CONTRACTOR:
r
Community Development Administrator
City of Denton
101 S Locust Ste 500
Denton, Texas 76205
Condell Garden, Exec. Dir
Interfaith Ministries
109 W Sycamore 8t
Denton TX 76201
G. 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 competent jurisdiction sitting in Denton County, Texas~
IN WITNESS OF WHICH this"' Agreement has been executed on this the
day of ., 2006~
CITY OF DENTON
BY:
HOWARD MARTIN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
II dtl/1
BY: &1z~t/
EXECUTNE DIRECTOR
ATTEST:
~~/d
" .'",' ~
BY~t . / '(}uw2
BO SECRETARY
Page"t3 of 17
EXHIBIT A
UTILITY ASSISTANCE PROGRAM
GUIDELINES
This utility funding program is set up to encourage utility customers to add a monthly
contribution amount to their utility bill or payment. The contributed funds will be used to
provide financial assistance to utility customers experiencing financial hardship and
whose service is pending termination or has been terminated for reason of non-payment.
These funds are first collected by the City of Denton and placed in a special Trust Fund
designated solely for this utility assistance program. The City of Denton then disburses
the funds monthly to the CONTRACTOR, who administers the program.
A. The following guidelines will apply to the use of Program funds to provide assistance:
1. Qualifying Denton Municipal Utility customers will be eligible for one
payment during a twelve-month period, unless otherwise designated as an
extreme hardship~
'\.
2~ .Persons receiving assistance must be a City of Denton residential service
customer and have received a statement that reflects a previous balance,
indicating the customer's utility service is in jeopardy of disconnection.
3. Assistance will be used for short-term crisis intervention to restore or
maintain utility service.
4. Apparent consistent excessive utility usage will be a negative factor in
determining eligibility. These cases will be referred to the City of Denton
department for review prior to providing Program assistance.
5. The overall financial resources available to the applicant will be
considered in determining eligibility.
6. Program assistance will be in the form of payment made or obligated to
the City of Denton for Denton Municipal Utility service only.
7.. Priority will be given to households whose circumstances are as follows:
a. Gross family income 650/0 or less of Area Median Income (AMI).
b. Electricity powered life support systems are in use.
c. Serious illness exists therein.
d. Disabled or homebound or elderly residents existing on a fixed
Income.
Page 14 of 17
~
e. Small children reside therein.
f. Recent emergencies such as home fire, layoffs from work, excessive
medical expenses, etc., 11ave occurred.
8.. Preferences will be given to families that meet the income guidelines, have
resided in Denton for at least six (6) months, .,and have not received utility
assistance within twelve months of the current application.
9. Although income is not the only criteria for determining eligibility, it will
serve as a strong indicator of need and ability to pay. All requests will be
"
treated on a case-by-case basis.
B. Following are the current guidelines for Program administration:
~?
1. CONTRACTOR is required to provide monthly quarterly financial and/or
beneficiary reports to the CITY and give a Program accounting to the
Public Utilities Board not less than once per year ifrequested.
2. A -portion of Program funds may be used to help cover Program
administration costs not to exceed the amount of the bid.
3. It is the responsibility of the Utilities Customer Service Department to
obtain the dollar amount collected from customers each month and deposit
in the Trust Fund.
:
4.
The Community Development Division will provide the contractor with
necessary information to, allow the Contractor to provide Program
services.
c. Denial of Utility Assistance Trust Funds ("Trust Funds") to utility customer:
1. Except in designated cases 9f"extreme hardship", the gu~delines for the
distribution, use and administration of the Utility Assistance Trust Funds
provided by the City shall be distributed and or applied under these utility
assistance program guidelin~s.
2. In the event the Contractor does not approve the distribution or use of
Trust Funds to a utility custqmer and the customer requests a review and
or appeal of the denial, the <;ontractor shall frrst have the right to require a
written request from the customer in accordance with current policy
guidelines as may be established from time to time by the Board of
Directors of the Contractor. .
3.. In the event the Contractor does not approve the distribution or use of
Trust Funds to a utility customer after the review and or appeal of the
denial, the Contractor shall provide customer with a copy of this EXHmIT
Page..I5 of 17
...
"'A" of the Service. Agreement and identify the applicable guideline used
for denial of utility assistance~
4. Quarterly reports submitted by Contractor to the City will include
information on number of clients denied assistance and the various reasons
for deniaL
5.. Periodically or on a case-by-case basis, the City may request a copy of the
Contractor's review and or appeal file established for purposes of the
City's Utility Assistance Program~
......
;
. Page 16 of 17
~
EXHIBIT B
Qualifying Income Limits for Utility Assistance Program
Maximum Income Levels
Family Low Income Very-Low Income Extremely-Low Income
Size 650/o-AMI- <500/0 AMI 500/0 AM I - <300/0 AM I ~30% AMI
1 $30,250 - $23,301 $23J300 - $13,951 $13,950 or Below
2 $34,600 · $26,601 $261600 - $15,951 $15,950 or Below
3 $38,900 · $29,951 $29,950 - $17,951 $17,950 or Below
4 $43,250 · $33,251 $33,250 - $19,951 $19,950 or Below
5 $46,700 · $35,901 $35,900 - $21,551 $21,550 or Below
6 $50, 150 · $38,551 $38,5"50 - $23, 151 $23,150 or Below
7 $53,600 · $41,251 $41,250 - $24,751 $24,750 or Below
:
8 $57,050 · $43,901 $43,900 - $26,351 $26J350 or Below
Sourc"e:
U.S. Department of Housing and Urban Development
Effective: March 2006
Page 17 of 17
~
MINUTES
PUBLIC UTILITIES BOARD
June 29, 2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair convened into an Open Meeting on Thursday, June 29, 2006, at 9:00 a.m. in
the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton,
Texas.
Present: Chair Charldean Newell, George Hopkins, Dick Smith, Bill Cheek, John Baines and
Phil Gallivan
Absent: Bob Bland, excused
Ex Officio Member:
Howard Martin, Interim City Manager
ITEMS FOR INDIVIDUAL CONSIDERATION:
5) Receive a report, hold a discussion and give staff direction regarding the voluntary P-L-U-S
One program.
Charles Atkinson, Customer Service Manager, presented additional options to the Board
regarding the administration of this program recommending, Option 1, which will award the
Operational contract to Interfaith Ministries with administration being in-house through
Community Development.
Board Member Phil Gallivan moved approval with a second from Board Member Bill
Cheek. The motion was approved by a vote of 6-0.
Exhibit 2
AGENDA INFORMATION SHEET
AGENDA DATE:
September 12, 2006
DEPARTMENT:
Economic Development
..
CM:
Howard Martin, 349-8232
SUBJECT
Consider appointing a nominating committee to develop a slate of appointees for the
Economic Development Partnership Board.
BACKGROUND
Economic Development Partnership Board (EDPB) members serve two-year terms and
may serve as many as three terms. The process requires that the City Council appoint
three members to serve as the nominating committee, two from the City Council and one
from the Chamber of Commerce. The committee will meet with the Chamber of
Commerce Board Chair to consider recommendations of EDPB members. The
committee is asked to confirm with each nominee their willingness to serve.
Our ordinance provides that EDPB members must fall into specific categories when they
are originally appointed to the Board - City Council member, Chamber of Commerce
Board of Directors, Top Twenty Taxpayer and University of North Texas appointment.
The following five EDPB members' places are up for reappointment or replacement:
Perry McNeill
Randy Robinson
Bob Haley
Norval Pohl
Harry Crumpacker
City Council
Chamber of Commerce
Top 20 Taxpayers
UNT
Top 20 Taxpayers
Eligible
Not Eligible (Serving on PUB)
Eligible
Retired (two year term)
Resigned (one year left on term)
ESTIMATED SCHEDULE OF PROJECT
The City Council is scheduled to receive a report from the nominating committee at their
September 19th meeting. The Council will also vote on the slate of appointees at that
time.
Respectfully submitted:
Linda Ratliff, Director
Economic Development Department
- 1 -
AGENDA INFORMATION SHEET
AGENDA DATE: September 12,2006
DEPARTMENT: City Manager's Office
CM: Howard Martin, Interim City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
The following is a list of current board/commission vacancies:
Larry Luce has resigned from the Airport Advisory Board. This is a nomination for Mayor
McN eill.
Emma Guzman-Ramon has resigned from the Planning and Zoning Commission. This is a
nomination for Council Member Heggins.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S : \Agenda Items\Board-Commission vacancies.doc