HomeMy WebLinkAboutJune 5, 2007 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
June 5, 2007
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, June 5, 2007 at 4:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
1. Receive a report, hold a discussion and give staff direction regarding the removal of
property in the downtown area from the floodplain and discuss issues relating to flooding
experienced during the April 24th storm.
2. Requests for clarification of agenda items listed on the agenda for June 5, 2007.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Deliberations regarding Personnel Matters — Under TEXAS GOVERNMENT
CODE Section 551.074.
1. Deliberate and discuss the evaluation of a candidate for the Internal
Auditor position, including the selection, employment and evaluation of a
future Internal Auditor.
B. Deliberations regarding Real Property — Under TEXAS GOVERNMENT CODE
Section 551.072.
1. Receive a report, hold a discussion, and give staff direction, pertaining to
the possible location of, the purchase price of, and valuation issues
respecting the possible acquisition of an approximate three (3) acre tract of
real property by the City of Denton Municipal Utilities Department for a
public purpose; which real property lies within the Asa Hickman Survey,
Abstract No. 521, City of Denton, Denton County, Texas, and is located
East of the Kansas City Southern Railway, South of the Denia Park area.
C. Deliberation regarding Personnel Matters — Under TEXAS GOVERNMENT
CODE section 551.074
1. Deliberate and discuss the evaluation of the City Manager, including a
discussion of performance measures for and the duties of the City Council
appointee.
City of Denton City Council Agenda
June 5, 2007
Page 2
D. Consultation with Attorney — Under TEXAS GOVERNMENT CODE Section
551.071.
1. Consult with attorneys regarding safety procedures and avoidance of
liability claims.
E. Consultation with Attorney — Under TEXAS GOVERNMENT CODE Section
551.071 and Deliberations regarding Real Property — Under TEXAS
GOVERNMENT CODE Section 551.072.
1. Legal advice from the City Attorney relating to the lease of City right-of-
way for property at 207 North Elm and deliberations regarding the lease of
City property.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, June 5, 2007 at 6:30 p.m. in the
Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following
items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag—I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
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.
City of Denton City Council Agenda
June 5, 2007
Page 3
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A — V). 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—V 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 a request for two separate exceptions to the Noise Ordinance (Section
20-1, 4C 2E and 20-1, 3) for the purpose of the Apollo Nights (facilitated by Mr.
Harold Jackson) on Tuesday, June 19th from 4:00 p.m. to 11:00 p.m. and the
following Sundays: July 1 st, July 15th, and July 29th from 5:00 p.m. to 10:00 p.m.;
and for Music Nights (also facilitated by Mr. Harold Jackson) on the following
Sundays: July 8th and July 22nd. These events will be held in the Fred Moore
Park. The requestor is specifically asking for an exception to the noise ordinance
to allow amplified sound on the Sundays listed and for amplified sound for hours
after 10:00 p.m. on Tuesday, June 19th.
B. Consider a request for an exception to the Noise Ordinance for amplified sound
for a fundraising rodeo and musical concert to be held at the North Texas
Fairgrounds on Saturday, June 16, 2007. The exception is specifically requested
to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. The event
is a fund raiser for the four year old son of Michelle Oldham, a child with medical
conditions.
C. Consider a request for an exception to the Noise Ordinance for the purpose of the
Singing Oaks Church of Christ carnival on Sunday, June 10th from 3:30 p.m. to
7:30 p.m. The event will be held in the church parking lot located at 101 Cardinal
Drive. The requestor is specifically asking for an exception to the noise ordinance
to allow amplified sound on Sunday.
D. Consider approval of a resolution nominating a member to the Board of Managers
of the Denco Area 9-1-1 District; and declaring an effective date.
E. Consider approval of a tax refund for the following property tax:
Name Reason Tax Amount
Year
1. EMC Mortgage Overpayment 2006 $ 2,499.38
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to five agencies for providing energy transmission services to
the City of Denton; and providing an effective date (File 3790-2007 Electrical
Energy Transmission Fees in the total amount of$255,904). The Public Utilities
Board recommends approval (4-0).
G. Consider adoption of an ordinance providing for the expenditure of funds for the
emergency purchase of building clean up services due to flood damage for the
City of Denton in accordance with provisions of State Law exempting such
City of Denton City Council Agenda
June 5, 2007
Page 4
purchases from requirements of competitive bidding; and providing an effective
date (File 3801—Clean Up of Flood Damage to Municipal building and Civic
Center for the City of Denton awarded to ServiceMaster Clean in the amount of
$40,399.35).
H. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Cooperative Purchasing Program Participation Agreement with the
Lower Colorado River Authority (LCRA) under Section 271.102 of the Local
Government Code, for the purchase of 15kVA, 25kVA, and SOkVA transformers;
providing for the expenditure of funds therefor; and providing an effective date
(File 3789—Interlocal Agreement for Purchase of Transformers with LCRA
awarded to Techline, Ltd., in the amount of $189,985.08). The Public Utilities
Board recommends approval (4-0).
I. Consider adoption of an ordinance authorizing the City Manager to execute an
amendment to a Professional Services Agreement with the firm of R.J. Covington,
LLC to prepare and coordinate Denton Municipal Electric's 2007 Earning
Monitoring Report; authorizing the expenditure of funds therefor; and providing
an effective date (File 3747 in an amount not to exceed $31,500 for a total
contract amount of$116,500.). The Public Utilities Board recommends approval
(4-0).
J. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Pecan Creek Water Reclamation
Plant filter improvements for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3776—Pecan Creek Water
Reclamation Plant Gravity Filter Improvements awarded to Crescent
Constructors, Inc. in the amount of $427,000). The Public Utilities Board
recommends approval (4-0).
K. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the asphalt and concrete street
sections including repairs for the City of Denton Street Department; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3708—
Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to
the lowest responsible bidder for each item, Jagoe-Public Company in the annual
estimated amount of$1,500,000).
L. Consider adoption of an ordinance determining a sole source and approving the
expenditure of funds for the purchase of phone service for the City of Denton
available from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; and providing
an effective date (File 3798—Purchase of a Two-Year Contracted Rate for the City
of Denton Phone Service awarded to Verizon Business Network Services in the
annual amount of$19,200 for a total award amount of$38,400).
M. Consider adoption of an ordinance awarding a contract under the Texas Multiple
Award Schedule (TXMAS) program for the purchase of two 55' aerial device
bucket trucks and one hydraulic rotating digger derrick truck as awarded by the
City of Denton City Council Agenda
June 5, 2007
Page 5
State of Texas Building and Procurement Commission contract TXMAS-7-
23V040; providing for the expenditure of funds therefor; and providing an
effective date (File 3724—Heavy Services Trucks for Denton Municipal Electric
awarded to Grande Truck Center in the amount of $385,357.). The Public
Utilities Board recommends approval (5-0).
N. Consider approval of a resolution authorizing the City Manager to execute an
agreement between the City of Denton and the Texas Commission on
Environmental Quality (T.C.E.Q.) granting a license to the Texas Commission on
Environmental Quality for an air pollution monitoring station; and declaring an
effective date. The Airport Advisory Board recommends approval (6-0). The
Mobility Committee recommends approval (3-0).
O. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and South Ridge Recreation Club
for the enhancement and beautification of the fence line around the swimming
pool; providing for the expenditure of funds therefor; and providing for an
effective date. ($200.00)
P. Consider adoption of an ordinance appointing Steve Shepherd as Internal Auditor,
approving an employment agreement; authorizing the Mayor to execute this
agreement employing Steve Shepherd as Internal Auditor of the City of Denton,
Texas; and setting the compensation and terms of that employment; authorizing
expenditures and actions; and providing an effective date.
Q. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute an agreement by and between the City of Denton, Texas
and Denton 288, L.P. for the provisions of sanitary sewer and water facilities
pertaining to the Hills of Denton, a development located in the City of Denton,
Texas; and providing an effective date. The Public Utilities Board recommends
approval (6-0).
R. Consider a request for an exception to the Noise Ordinance for the purpose of a
music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in
the area of Fry Street, behind Lucky Lou's and Riprocks, to benefit the Susan G.
Koman Foundation. The event is to be held on Saturday, June 23, 2007, from
2:00 p.m. to 8:30 p.m. The exception is specifically requested for an increase in
the maximum allowable sound level for an outdoor music festival from 70
decibels to 75 decibels.
S. Consider adoption of an ordinance amending the City Manager's Employment
Agreement and authorizing the Mayor to execute said Agreement setting the
compensation and terms of employment; authorizing expenditures and actions;
and providing an effective date.
T. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Parks Foundation
to support the 2007 Juneteenth Celebration; providing for the expenditure of
funds therefor; and providing for an effective date. ($250.00)
City of Denton City Council Agenda
June 5, 2007
Page 6
U. Consider adoption of an ordinance directing the publication of Notice of Intention
to issue Certificates of Obligation of the City of Denton totaling $12,000,000; and
providing for an effective date.
V. Consider approval of a resolution allowing Kramerov Beveraages, Inc. to be the
sole participant allowed to sell alcoholic beverages at the Makalani Movement
Music Festival/Juneteenth Celebration on June 9, 2007, upon certain conditions;
authorizing the City Manager or his designee to execute an agreement in
conformity with this resolution; and providing for an effective date. The Parks,
Recreation and Beautification Board recommends approval (5-0) contingent on
him obtaining all TABC license and permits through a licensed vendor and all
other pertinent documentation before submitting the recommendation to City
Council.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding the
adjustment of the jurisdictional boundary between the City of Denton and the City
of Corinth. The boundary adjustment would result in transferring 0.961 acres
from the City of Denton to the City of Corinth (SI06-0003). The Planning &
Zoning Commission recommends approval (7-0).
B. Hold a public hearing and consider adoption of an ordinance concerning the
creation of an overlay district for approximately 77.628 acres located on the east
side of Fort Worth Drive at Fairway Drive. The proposed overlay district will
deviate from development standards of the Denton Development Code concerning
lot coverage and setbacks and provide additional architectural standards to allow
large homes than is currently allowed on the subject property. The property is
located within a Neighborhood Residential 2 (NR-2) zoning district (Z06-0035).
The Planning and Zoning Commission recommends approval (7-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations to the Denton County Housing Finance Corporation
(DCHFC).
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Nell Yeldell regarding DCTA surveys.
B. Pat Foutch, representing the Lee Meadows Subdivision Property
Owners, regarding drainage issues.
C. Jan Thompson regarding a presentation on Texas Master
Naturalists—Clear Creek.
C. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
City of Denton City Council Agenda
June 5, 2007
Page 7
D. City Manager's Report
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F. Official Action on Closed Meeting Items) 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 , 2007 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: June 5, 2007
DEPARTMENT: Water Utilities
ACM: Howard Martin, 349-823
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the removal of property in
the downtown area from the floodplain and discuss issues relating to flooding experienced
during the April 24th storm.
BACKGROUND
Downtown Issues
At the March 6, 2007 City Council meeting staff was directed to bring cost estimates for
removing the downtown area from the 100 year floodplain. New development is restricted in
this area, limiting economic benefits to the community.
The limits of the 1-percent chance floodplain (100-year floodplain) extends approximately 146-
acres outside of the designated drainage system(drainage channels and easements) for Pecan
Creek and its tributaries in the downtown area. Staff examined the area bounded by Carroll Blvd
on the west, Bell Ave on the east, Eagle Drive on the South and US Hwy 380 on the North.
Cost estimates for the removal of this property were developed in the 1996 Pecan Creek Master
Plan Study and were adjusted for inflation utilizing a 1.369 cost factor (Exhibit 1). As noted on
the exhibit the $25,116,712 cost estimate represents construction costs only. An estimate in
today's dollars for these projects would be as follows:
Construction $25,116,712
Utility Relocations $100000
Easement ROW Acquisitions $100000
Engineering $2,50000
Contingency 25% $11,277,000
$58,893,712
In all likelihood if this project started today it would probably take 10-15 years to complete.
Utilizing the same 1.369 inflation factor from above would give the following cost estimate:
$58,893,712 x 1.369 = $8025,491
Staff recommends that this number be used for planning purposes only. If the City Council
desires to move forward with this project the first step would be to conduct a study to determine
the feasibility of construction.
Financial implications of this project would be significant. The drainage fee would be the
primary mechanism to fund this project. Currently the drainage fee generates approximately
$3.8 million dollars annually. There is very little debt capacity left within the drainage budget.
New revenues would need to be generated to pay the debt service for this project. Depending on
how the debt is structured would determine how much and when the drainage fee would need to
be raised. For example if the project cost$75,000,000 over a 10 year period the drainage fee
would need to be tripled during that period to pay for the approximate $7.5 million annual debt
service associated with the project.
Flooding Issues
The flood event on April 24, 2007, damaged approximately 160 homes and resulted in 97 high
water road closures paralyzing traffic in the community (Exhibit 2). There were 67 high water
rescues or assists made during a three hour period. Staff has recently learned that in September
2005 the State Legislature amended Section 472.002 of the Transportation Code. This
amendment makes it a Class B misdemeanor to drive around high water barricades. We have
discussed this issue with the Police Department and they will begin enforcing this regulation.
Rainfall amounts from 4.99 to 7.1 inches were recorded at the eight gauges around the City
during a 6-hour period on April 24, 2007. A 100-year frequency rainfall event in Denton is 6.96-
inches in 6-hours.
The flooding along Cooper Creek and Pecan Creek inundated bridges and roadways and caused
significant residential flooding. A map showing the flooded property locations is provided as
Exhibit 3.
Observed high water marks along Cooper Creek and Pecan Creek floodplains were recorded
using portable global positioning system equipment(GPS)to be compared to the published
FEMA 1-percent chance (100-year) base flood elevations to estimate the severity of the April
24th flood event. The data is currently being evaluated and the observed flood frequency
estimates will be provided at a future meeting.
The good news from this storm event was that there were no fatalities and of the approximately
1400 properties identified on FEMA maps only 10% of those properties reported receiving
damage.
OPTIONS
The risk of flooding residences and structures can be reduced by implementing one or more of
the following actions, presented in order of increasing costs to implement the action:
1. Continue drainage program at current level.
2. Continue drainage program at current level and increase efforts to encourage home owners
and business owners in the floodplain to purchase flood insurance.
3. Purchase developed properties at-risk of flooding and remove residences or buildings from
the floodplain. Cost estimate 150 homes at $80,000 = $12,800,000
4. Obtain drainage easements, and construct drainage improvements such as channel widening
and culverts or bridges to lower the base flood elevations and contain floodwaters within
designated channels and easement areas. Cost estimate for the entire city $200 million plus.
Infeasible Alternatives: Purchasing land areas for detention and drainage easements and
constructing large regional detention ponds could reduce downstream flows and lower base
flood elevations. The Pecan Creek and Cooper Creek watershed are substantially developed
and large undeveloped tracts of land are not available. The existing channels are undersized
and it would be difficult to contain the flows in the entire channels using regional ponds
because of the many high inflows from local and tributary drainages into these channels.
Elevating existing structures above the base flood elevation to reduce risks was also
considered. Many structures in Denton are attached to slabs on grade and are not structurally
reinforced for lifting, and the slabs would break and walls would twist if separated from the
ground. To lift these structures the existing building walls would have to be internally braced
for structural support before being separated from the slab and lifted. A new framed floor to
support the house load and new foundation wall or pier foundation would have to be
constructed. Costs would exceed the original value of some existing buildings at-risk, or
some structures do not have sufficient rigidity and could not be elevated.
PRIOR ACTION/REVIEW (COUNCIL,BOARDS, COMMISSIONS)
None
RECOMMENDATION
After discussion with the Public Utility Board, staff is recommending no increase in the drainage
fee and increasing the level of effort for notification of Flood Insurance eligibility to those
properties located in the floodplain.
EXHIBITS
1. Pecan Creek Cost Estimate
2. High Water Closures April 24, 2007
3. Flooded Properties Map April 24, 2007
4. Drainage Issues Power Point Presentation
Respectfully submitted:
Jim Coulter
Director of Water Utilities
Exhibit 1 10/27/2006
Pecan Creek Drainage Improvements
Estimated FY Cost Estimated
Construction Cost Factor Construction Cost
PEC-4 Improvements Cost Estimated FY 2008 Cost FY 2008 Reference
Channel Locust to Elm $1381621 1997 1.369 $1891772 Ref 1
Channel Elm to Sycamore $4141191 1997 1.369 $5671027 Ref 1
Locust Diversion 4-9'x 5'Box $4281398 1997 1.369 $5861477 Ref 1
Elm 4-6'x 6'Box $761176 1997 1.369 $1041285 Ref 1
Prairie 5-7'x 6'Box $631181 1997 1.369 $861495 Ref 1
Stroud Remove Boxes and Close $141375 1997 1.369 $191679 Ref 1
Mulberry 2-5'x5'Box $841410 1997 1.369 $1151557 Ref 1
Mulberry Diversion 4-7'x 5'Box $118091847 1997 1.369 $214771681 Ref 1
SUBTOTAL $310291199 1997 1.369 $411461973 Ref 1
Eagle Drive Drainage Improvements
Eagle Drive to Locust Street $115401000 2004 1.148 $117671920 Ref 2
Pecan Creek Improvements
Channel Sycamore to Frame $119921824 1997 1.369 $217281176 Ref 1
Channel Frame to North Pecan $113591720 1997 1.369 $118611457 Ref 1
Channel North Pecan to Austin $2911686 1997 1.369 $3991318 Ref 1
Channel Carroll to Panhandle $6341740 1997 1.369 $8681959 Ref 1
Sycamore 8-10'x 8'Box $1361160 1997 1.369 $1861403 Ref 1
Hickory Bridge 80'x 11'H $2271125 1997 1.369 $3101934 Ref 1
McKinney Bridge 72'x 10'H $2381050 1997 1.369 $3251890 Ref 1
Frame Boxes $0 $0
T&P RR Add 3-10'x 10' $2581750 1997 1.369 $3541229 Ref 1
Blount-Remove Boxes and Close $171250 1997 1.369 $231615 Ref 1
Bell Bridge 75'x 10'H $2901375 1997 1.369 $3971523 Ref 1
Parkway Diversion 5-10'x 6'Box $518831808 2004 1.148 $617541612 Ref 3
Congress 5-10'x 8'Box $841985 1997 1.369 $1161344 Ref 1
Egan-Remove Boxes and Close $171250 1997 1.369 $231615 Ref 1
Panhandle/Denton 7-7'x 5'Box $3491018 1997 1.369 $4771806 Ref 1
Panhandle Diversion 4-8'x 5'Box $114011994 1997 1.369 $119191330 Ref 1
SUBTOTAL $1311831735 $1617481212
North Pecan Creek
Channel Pecan to Oakland $1841226 1997 1.369 $2521205 Ref 1
Channel Oakland to Locust $4231953 1997 1.369 $5801392 Ref 1
Channel Locust to Diversion $4691174 1997 1.369 $6421299 Ref 1
Channel Diversion to Bolivar $2051419 1997 1.369 $2811219 Ref 1
Remove Footbridge in Park $171250 1997 1.369 $231615 Ref 1
Oakland 6-10'x 7'Box $1181197 1997 1.369 $1611812 Ref 1
Austin Remove Boxes and Close $141375 1997 1.369 $191679 Ref 1
Locust 6-10'x 8'Box $1321871 1997 1.369 $1811900 Ref 1
Elm 8-8'x 8'Box $1381644 1997 1.369 $1891804 Ref 1
Bolivar 6-8'x 7'Box $881153 1997 1.369 $1201681 Ref 1
SUBTOTAL $117921262 $214531607
TOTAL $25,116,712
Cost References 1 Pecan Creek Master Plan Including Pecan Creek, North Pecan Creek and PEC-4,December 1996
2 Memorandum Eagle Drive Drainage Evaluation of Route Alternatives,February 2004
3 Preliminary Analysis of City of Denton CIP Project Plan, December 19,2003
Notes 1 Cost Factor taken from EM 1110-2-1304 Civil Works Construction Cost Index System
31 March 2000 Tables Revised as of 30 September 2006,US Army Corps of Engineers Manual
2 Utility Relocations sanitary sewer,water and other utilities were not included.
3 Engineering,surveying costs were not included.
4 Easement/ROW acquisition costs were not included.
5 Costs are preliminary and were based on drainage capacity analysis only.
An engineering study to determine the feasibility of construction was not performed.
Exhibit 1
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Drainage Fee Established 2002
• Target major east/west north/south corridors
Development code prohibits homes from
being constructed in floodplain
• Continue detention pond development in
upper reaches
• Channel maintenance improvements
DENTONE
Tran.. .. . tation Code 472 . 022
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Continue
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Continue
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encourage home owners and business owners in the floodplain
to purchase flood insurance.
3. Purchase developed properties at-risk of flooding and remove
residences or buildings from the floodplain. Cost estimate 150
homes at $80,000 = $12,800,000
4. Obtain drainage easements, and construct drainage
improvements such as channel widening and culverts or
bridges to lower the base flood elevations and contain
floodwaters within designated channels and easement areas.
Cost estimate for the entire city $200 million plus.
AL
Recommo... .nrintinns
is Continue drainage program' at current level
is Continue to notify those property owners of
available flood insurance
• Begin enforcement of Transportation Code
472 .022
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Parks & Recreation
ACM: Howard Martin, 349-8232
SUBJECT
Consider a request for two separate exceptions to the Noise Ordinance (Section 20-1, 4C 2E and
20-1, 3) for the purpose of the Apollo Nights (facilitated by Mr. Harold Jackson) on Tuesday,
June 19th from 4:00 p.m. to 11:00 p.m. and the following Sundays: July 1 st, July 15th, and July
29th from 5:00 p.m. to 10:00 p.m.; and for Music Nights (also facilitated by Mr. Harold Jackson)
on the following Sundays: July 8th and July 22nd. These events will be held in the Fred Moore
Park. The requestor is specifically asking for an exception to the noise ordinance to allow
amplified sound on the Sundays listed and for amplified sound for hours after 10:00 p.m. on
Tuesday, June 19th.
BACKGROUND
Harold Jackson has requested to have talent shows and music nights with amplified music in the
Fred Moore Park during the months of June and July. The Apollo Nights activity is to help
encourage youth to increase their performance ability and provide a safe environment for
entertainment. The Music Nights would provide music from a stereo system for participants to
listen; there would not be any performers on these nights. The main source of noise from the
activities will be the use of speakers for the music. The Apollo Nights event has been taking
place during the months of June and July since 2001.
The surrounding area consists mainly of residential neighborhoods, with Oakwood Cemetery to
the north side.
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request from Harold Jackson
Respectfully Submitted:
Emerson Vorel, Interim Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
Exhibit 1
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AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-82
SUBJECT
Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraising
rodeo and musical concert to be held at the North Texas Fairgrounds on Saturday, June 16, 2007.
The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for
amplified sound. The event is a fund raiser for the four year old son of Michelle Oldham, a child
with medical conditions.
BACKGROUND
The Oldham family has requested an exception to the hours of amplified sound to have a
fundraising rodeo and concert for their four-year-old son who has several medical conditions.
The funds will be used to help pay for medical expenses and to purchase adaptive equipment and
an accessible van to fit his needs.
The 3rd annual event will include a full rodeo and kids' activities and will be followed by a live
music concert. The rodeo will begin around 7:00 p.m. and will last approximately two hours.
The live concert will feature several performing artists — Kevin Deal is the main attraction; also
performing are Ronny Duwe, the Mo Robson Band, and Ed Burleson and band.
Amplified sound will be used for both music and public announcements.
PRIOR ACTION/REVIEW (Council,Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Request Letter from Michelle Oldham
Respectfully submitted:
Emerson Vorel, Interim Director
Parks and Recreation
Prepared By:
A
Janie McLeod, Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Parks & Recreation
ACM: Howard Martin, 349-823 j E.-
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks
Church of Christ carnival on Sunday, June 10th from 3:30 p.m. to 7:30 p.m. The event will be
held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking
for an exception to the noise ordinance to allow amplified sound on Sunday.
BACKGROUND
Bob Bentley has requested to have a church carnival with food, games, and activities for all ages.
The proceeds from the carnival will go to help Lee Elementary and Thomas Rivera Elementary
schools. The carnival will include amplified music for three hours.
The church faces Piggly Wiggly Grocery Store on McKinney Street; the areas north and west of
the church consist mainly of residential neighborhoods.
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request from Bob Bentley, Minister
Respectfully Submitted:
Emerson Vorel, Interim Director
Parks and Recreation Department
Prepared by:
A
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Janie McLeod
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a Resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers.
The board is appointed by the county, participating cities and the Denton County Fire
Chiefs Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district."
On May 18, 2007 Denco Area 9-1-1 sent a memo (attached) requesting nominations to
serve on the Board of Managers, which was provided to Council in the May 25, 2007
Reading File.
Last year the City nominated Harlan Jefferson to serve another term on the Board, and
has nominated him since 1998. This year the term of Mayor Olive Stephens, Town of
Shady Shores, expires on September 30, 2007. Ms. Stephens has expressed her desire to
serve another term if appointed. The City has nominated Ms. Stephens to serve on the
Board since 1987.
The current Board of Managers is comprised of the following individuals:
Board Member Appointed By Term Expires
Jack Miller, Chair Denton County Commissioners Court 9/30/2008
Mayor Olive Stephens, Vice Chair Denton County Participating City 9/30/2007
Harlan Jefferson,Secretary Denton County Participating City 9/30/2008
Bill Lawrence Denton County Commissioners Court 9/30/2008
Chief Lonnie Tatum Denton County Fire Chiefs Association 9/30/2007
Keith Stephens Largest Telephone Service Provider Rep. Non-voting
Agenda Information Sheet
June 5, 2007
Page 2
RECOMMENDATION
Staff recommends nomination of Ms. Stephens since she has expressed a desire to serve
another term.
ESTIMATED SCHEDULE OF PROJECT
Nominations are due to Denco by July 15, 2007. On July 16, 2007 the District will send
copies of nominations to each city for consideration, requesting the city to vote for one of
the nominees. The Denco Board of Managers will count the votes from the responding
cities. The candidate with the most votes will be the municipalities' representative to the
Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1,
2007.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Ms. Stephens has served on the Board since its creation in 1987.
FISCAL INFORMATION
This Resolution has no fiscal impact.
EXHIBITS
Memo from Denco
Resolution
Respectfully submitted:
T.
Jon Fortune
Assistant City Manager
DENGO AREA c9= 1 = 1
DISTRICT
P.O.Box 293058,Lewisville,Texas 75029-3058
Phone/TTY: 972-221-0911 •FAX: 972-420-0709 •Web Page: www.denco.org
TO: Mayors of Cities in Denton County
FROM: - Mike Pedigo, Executive Director
DATE: May 15, 2007
RE: Appointment to the Denco Area 9-1-1 District Board of Managers
Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board
of Managers to have "two members appointed jointly by all the participating municipalities
located in whole or part of the district". The enclosed resolution, approved by the district's board
of managers, February 4, 1999, explains the procedure for appointing municipalities'
representative to the board of managers. Also enclosed is a sample resolution that the city may
wish to use when making a nomination to the board.
Each year the term of one of the two members appointed by participating municipalities expires.
This year, the term of Mayor Olive Stephens, expires September 30, 2007. Members are eligible
for consecutive terms and Mayor Stephens has expressed her desire to serve another term, if
appointed. Mayor Stephens currently serves as vice-chair of the board of managers.
In order to coordinate the appointment among 34 participating municipalities, the district
requests the following actions by the governing bodies of each city:
1. If your city would like to nominate a candidate to represent the municipalities on
the Denco Board of Managers, please send a resolution or a letter of nomination
and resume of the candidate to the Denco Area 9-1-1 District office. Nominations
-� 0%V% *-%60 11111air K1^
ZI-1-1 LJ1 L11 L U11 U1 U",Wlt-, %JUIY I C_ V1 I IJU
Area n -4 -4 r-%:s';"':c 51 OOA-7
must reacL MI(dd
nominations shall be considered after that date.
2. On July 16, 2007, the district will send copies of nominations to each city for
consideration, requesting the city to vote for one of the nominees.
3. At its September 2007 meeting, the Denco Board of Managers will count the votes
from responding cities. The candidate with the most votes will be the
municipalities' representative to the Denco Area 9-1-1 District Board of Managers
for the two-year term beginning October 1, 2007.
Please mail nominations and resumes to the Denco Area 9-1-1 District, P.O. Box 293058,
Lewisville, TX 75029-3058.
If you have any questions, please do not hesitate to call me at 972-221-0911.
Thank you for your support of the Denco Area 9-1-1 District.
cc: Denco Area 9-1-1 District Board of Managers
Enclosures
1075 Princeton Street,Lewisville,Texas 75067
Council Resolution No.
A RESOLUTION NOMINATING ONE MEMBER TO THE .BOARD OF MANAGERS
OF THE DENCO--AREA-9-1-1 DISTRICT.
WHEREAS, Section 772, Health and Safety Code, provides that two voting
members of the Board of Managers of an Emergency Communications District shall
be.appointed jointly by all cities and towns lying wholly or partly within the District;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
JEXAS:
Section 1
The City of hereby nominates
as a member of the Board of Managers for the Denco Area 9-1-1 Emergency
Communication District.
Section 2
That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of . 2007-
Mayor
City of
ATTEST: APPROVED AS TO FORM:
City Secretary City Attorney
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING
MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS.
WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District
Board of Managers to have"two members appointed jointly by all the participating municipalities
located in whole or part of the district."; and
WHEREAS, each member serves a term of two years beginning on October 1't of the year member is
appointed; and
WHEREAS, one member representing participating municipalities is appointed each year.
NOW,THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS:
The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1
District Board of Managers shall be the following:
1. Prior to May 15tH of each year, the executive director shall send a written notice to the
mayor of each participating municipality advising that nominations are open for one of the
municipal representatives to the Denco Area 9-1-1 District Board of Managers until July
15th of that same year. The notice shall advise the mayors that, for a nomination to be
considered, written notification of council action must be received at the Denco office
prior to 5.-00 p.m. on July 15 th of that year. No nominations shall be considered after that
time.
2. On July 1 61h of each year, the executive director shall send written notice to the mayor of
each participating municipality providing the slate of nominees to be considered for
appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning
October 1st. The notice shall advise the mayor that the city council shall vote, by
resolution from such city, for one of the nominees. Written notice of the council's
selection must be received at the district office by 5:00 p.m. on September 15 th No
notice will be accepted after that time.
3. The one nominee with the most votes received by the deadline will be the municipality
representative appointed for the two-year term beginning October 1".
4. If there is a tie between two candidates with the most votes, a runoff election will be held
immediately with the candidate receiving the most votes serving the remainder of the
term. The incumbent representative shall serve in that position until replaced.
APPROVED and ADOPTED on this 4th day of Februa 1999
airman, Bo rd of Managers
Secretary, Board o0k4anagers
s:lour do urmentsVesolutionsl0'71911 nominate member.do
RES LUTI 1 N ,
RESOLUTION NOMINATING SATING A MEMBER To T14E BOARD OF MANAGERS of T
DENCO AREA -1-1 DISTRICT;AND DECLARING T AN EFFECTIVE DATE.
SERE S, the term of office of Mayor Olive Stephens, Torn of Shady Shores, a member
of the Board of Managers of the Deneo -1-1 District,will expire on S eptember 3 o 2007; and
WI R EA.S, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) p that
two voting members of the Board of Managers of are Emergency Communication District shall be
appointed jointly by participating municipalities located in whole or M' paw in the District; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; 1W
THEREFORE,
THE COUNCIL of THE CITY OF DENT N, TEXAS,HEREBY RESOLVES.
SECTION I. The City of Denton, Texas hereby nominates Mayor Olive Stephens as a
member to the Board of Managers for the Deneo Area -1-1 Emergency Communication District of
Denton County for a two-gear term to commence October I,2007.
SECTION 2. This Resolution shall become effective inmediatel r upon its assn a and
approval.
p g
PASSED AND APPROVED this the day of 2007.
PERRY R. McNEILL,MAYOR
ATTEST:
3E N FER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL OR M:
EDWIN M. SNYI , CIT TT RNEY
Y.
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Tax
ACM: Jon Fortune
SUBJECT
Consider approval of a tax refund for the following property tax:
Name Reason Tax Amount
Year
1. EMC Mortgage Overpayment 2006 $ 2,499.38
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 $2,499.38.
Respectfully submitted:
NOW
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Sharon Mays 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of
funds for payments by the City of Denton for electrical energy transmission fees to five agencies
providing energy transmission services to the City of Denton; and providing an effective date
(File 3790-2007 Electrical Energy Transmission Fees in the total amount of $255,904). The
Public Utilities Board recommends approval (4-0).
FILE INFORMATION
There are five new purchase orders that combined with existing 2007 purchase orders result in
costs exceeding $25,000. These purchase orders reflect the 2007 Net Wholesale Transmission
Final Matrix cost of transmission of electrical energy from the generation source to the Denton
Municipal Electric Distribution System for April 2007 through September 2007. The purchase
orders are for payment of a fee imposed by the Public Utility Commission of Texas (PUCT) for
planned transmission services of energy delivered to the City of Denton. The Public Utility
Regulatory Act of 1995 (PURR 95) required the development of a new, statewide mechanism for
electric transmission service in Texas. PURR 95 also placed municipal utilities under the
jurisdiction of PUCT for matters related to transmission. As a result, the Denton Municipal
Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State
specific amounts. The subject purchase orders provide the City of Denton the authority required
by the City Charter to make those payments. These purchase orders will encumber funds
estimated as costs for services through September 30, 2007. No funds will actually be spent until
invoices are received, reviewed, and approved. The payment amounts are listed below.
Original New
Vendor Purchase Order Purchase Order Combined Total
American Electric Power $2,540 $24,992.50 $27,532.50
Brazos Electric Power Cooperative, Inc $7,480 $17,571.25 $25,051.25
Lower Colorado River Authority $295,074 $174,831.00 $469,905.00
South Texas & Medina Electric Coop. $21,124 $12,679.25 $3303.25
Texas Municipal Power Agency $40,245 $25,830.00 $66,075.00
TOTAL $366,463 $255,904.00 $622,367.00
Agenda Information Sheet
June 5, 2007
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its May 14, 2007 meeting.
RECOMMENDATION
Approve the payment of transmission fees in the amounts listed below:
American Electric Power $ 24,992.50
Brazos Electric Power Cooperative, Inc $ 17,571.25
Lower Colorado River Authority $174,831.00
South Texas & Medina Electric Coop. $ 12,679.25
Texas Municipal Power Agency $ 25,830.00
Total $255,904.00
PRINCIPAL PLACE OF BUSINESS
American Electric Power Brazos Electric Power Cooperative, Inc.
Columbus, OH Waco, TX
Lower Colorado River Authority South Texas & Medina Electric Coop.
Austin, TX Nursery, TX
Texas Municipal Power Agency
Bryan, TX
ESTIMATED SCHEDULE OF PROJECT
The fees will be paid as invoices are received from the various agencies.
FISCAL INFORMATION
This item will be funded from account 600400.6072.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
I-AIS-File 3790
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON,TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO FIVE AGENCIES PROVIDING ENERGY TRANSMISSION
SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE
3790-2007 ELECTRICAL ENERGY TRANSMISSION FEES IN THE TOTAL AMOUNT OF
$255,904).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995,for the payment for energy transmission services fees,the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to the five listed
utilities set forth in Exhibit "A"; and
WHEREAS,the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of$255,904 to be paid to the Listed
Utilities in the specified amount shown on Exhibit"A",which is attached hereto and made a part of
this ordinance for all purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
t
BY:
3-ORD-FILE 3790
EXHIBIT "A"
American Electric Power $24,992.50
Brazos Electric Power Cooperative, Inc $17,571.25
Lower Colorado River Authority $174,831.00
South Texas & Medina Electric Coop. $12,679.25
Texas Municipal Power Agency $25,830.00
TOTAL $255,904.00
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 May 14, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, May 14, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, Randy Robinson and Dick Smith
11 (arrived at 10:22 a.m.)
12
13 Ex Officio Members:
14 George C. Campbell, City Manager
15 Howard Martin, ACM Utilities, excused
16
17 Absent: Bob Bland and John Baines, excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staff's recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 1) Consider recommending approval of Bid No. 3776 for the Pecan Creek Water Reclamation
26 Plant Gravity Filter Improvements project to the low bidder Crescent Constructors, Inc. in an
27 amount not to exceed $427,000.
28
29 2) Consider recommending approval of the one-time purchase of 31 pad mounted distribution
30 transformers quoted on April 18, 2007 through Techline, Inc utilizing the Interlocal
31 Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
32 Authority (LCRA) under Section 271.102 of the Local Government Code, approved by the
33 Denton City Council via Ordinance 2006-334, in the expenditure amount of$189,985.
34
35 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
36 the expenditure of funds for payments by the City of Denton for electrical energy
37 transmission fees to those cities and utilities providing energy transmission services to the
38 City of Denton; and providing an effective date (File 3538-2007 Electrical Energy
39 Transmission Fees in the total amount of$263,123).
40
41 4) Consider approval of the staff's recommendation to award the annual contract for the
42 purchase of high density polyethylene pipe (HDPE) and accessories, for use in the City of
43 Denton landfill, from Integrity Fusion Products of Peachtree City, California, for an annual
44 projected purchase not to exceed $50,000.
45
46 5) Consider approval of the `Third Amendment to Professional Services Agreement for
47 Architect or Engineer', an agreement for professional engineering and design services
48 between the City of Denton Solid Waste Department and Chiang, Patel, & Yerby, Inc.
49 (CP&Y) for the preparation of further plans and specifications for the not to exceed price of
50 an additional $16,500.
I Draft Minutes of the Public Utilities Board
2 May 14, 2007
3 Page 2 of 2
4
5
6 6) Consider recommending approval of an ordinance authorizing the abandonment of a 0.14
7 acre public drainage easement tract recorded in Cab. D, Page 80, of the Plat Records of
8 Denton County, Texas, situated in the Mary L. Austin Survey, Abstract No. 4.
9
10 Board Member Phil Gallivan moved to approve Items I through 6 with a second from
11 Board Member Randy Robinson. The motion was approved by a 4-0 vote.
12
13 The meeting was adjourned by consensus at 11:00 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Bruce Henington 349-8134
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for the emergency
purchase of building clean up services due to flood damage for the City of Denton in accordance
with provisions of State Law exempting such purchases from requirements of competitive
bidding; and providing an effective date (File 3 801-Clean Up of Flood Damage to Municipal
building and Civic Center for the City of Denton awarded to ServiceMaster Clean in the amount
of$40,399.35).
FILE INFORMATION
This acquisition is the result of flood damage on April 24, 2007. The Municipal Building and
Civic Center were affected by the storm water which was approximately 5 inches deep in some
instances. Emergency actions were implemented to reduce the damage to the facilities and
return them to a proper working environment as quickly as possible.
RECOMMENDATION
Approve Purchase Order 132946 to ServiceMaster Clean in the amount of$40,399.35.
PRINCIPAL PLACE OF BUSINESS
ServiceMaster Clean
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
ServiceMaster Clean performed clean up services from April 25, 2007 through May 5, 2007.
FISCAL INFORMATION
This service is funded from account 860002.6551.
Agenda Information Sheet
June 5, 2007
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Memo from Dean Hartley, Facility Manager
Attachment 2: Invoice from Service Master Clean
1-AIS-File 3801
x Attachment 1
is - -
Facilities Management Department,Dean Hartley,Facilities Manager
Date: May 21, 2007
To: Tom Shaw, Purchasing Agent
From: Dean Hartley, Facilities Manager
Subject: Service Master PO#132946
The above mentioned PO to Service Master was deemed an emergency due to the following:
• Flood on April 24, 2007
• 5 inches of water in City Hall basement
• 5 inches of water and debris in 75%of Civic Center
• Flood was on the 24th and Jazz Fest was being held on Friday, April 27th in the Civic Center
• Drying and mold prevention
• Flood control and water extraction
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF BUILDING CLEAN UP SERVICES DUE TO FLOOD
DAMAGE FOR THE CITY OF DENTON IN ACCORDANCE WITH PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3 801-CLEAN
UP OF FLOOD DAMAGE TO MUNICIPAL BUILDING AND CIVIC CENTER FOR THE
CITY OF DENTON AWARDED TO SERVICEMASTER CLEAN IN THE AMOUNT OF
$40,399.35).
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:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
132946 ServiceMaster Clean $40,399.35
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 , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
t
BY:
3-ORD-File 3 801
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Sharon Mays 349-8487
ACM: Jon Fortune it
SUBJECT
Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
Authority (LCRA) under Section 271.102 of the Local Government Code, for the purchase of
15kVA, 25kVA, and 50kVA transformers; providing for the expenditure of funds therefor; and
providing an effective date (File 3789-Interlocal Agreement for Purchase of Transformers with
LCRA awarded to Techline, Ltd., in the amount of $189,985.08). The Public Utilities Board
recommends approval (4-0).
FILE INFORMATION
This item is to supply padmounted transformers for use with underground electric system that
Denton Municipal Electric uses to serve residential and commercial customers. Distribution
transformers are used to change voltages from 13,200/7,620 to lower voltages that can be used
by customers. If transformers are not kept on hand, existing units that fail cannot be replaced,
and service cannot be extended to new residential and commercial customers. Quantities for this
purchase were based on the review of planned projects for the next six months, taking in to
account historical transformer usage, existing warehouse inventory and the lengthy lead-time for
delivery of orders.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its May 14, 2007 meeting.
City Council approved the Interlocal Agreement with the Lower Colorado River Authority
(LCRA) on December 12, 2006 (Ordinance 2006-334).
RECOMMENDATION
Award to Techline, Ltd. in the amount of$189,985.08.
PRINCIPAL PLACE OF BUSINESS
Techline, Ltd.
Fort Worth, TX
Agenda Information Sheet
June 5, 2007
Page 2
ESTIMATED SCHEDULE OF PROJECT
The estimated delivery is 18-44 weeks (depending on the type of transformer) after receipt of
order.
FISCAL INFORMATION
These items will be funded out of the Warehouse working capital account and charged back to
the using department expenditure budget account or project number.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quote from Techline, Ltd.
—_.-�,
QUOTE
. 1ffCHL1JV ,f Ltdo
. (D ���
9609 Beck Circle•Austin,Texas 7$756-5401 +
Phone.( 12)833-5418 s Fax.(512)83 3-5407 ::r;• ;:_: •. ... :�':'s:'.ti,; ,;`,__ .:_•..•..•:
DER KAREN S I 1
CU STS- 110
W TO: Please remit all payments to:
i , ferr Tehfin , Ltd.
B.
P.O. Box 674005
Dallas,, TX 75267-4005
Prone: (51 2) 833-5401 T
BILL TO.
V y � ...i:..-,'r.r.}.;�.,,.-�.,..''r:v, •_-tit..1 _ :.},t_,}ti,qC...; :�-5':-:':-' _.�-"•.'�''T''�'_'r:
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE
LOWER COLORADO RIVER AUTHORITY (LCRA) UNDER SECTION 271.102 OF THE
LOCAL GOVERNMENT CODE, FOR THE PURCHASE OF 15KVA, 25KVA, AND 50KVA
TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 3789-INTERLOCAL AGREEMENT FOR
PURCHASE OF TRANSFORMERS WITH LCRA AWARDED TO TECHLINE, LTD, IN THE
AMOUNT OF $189,985.08).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase electric
transformers in the amount of$189,985.08 from Techline, Ltd. under competitive bids received
by the Lower Colorado River Authority 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 , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-File 3789
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 May 14, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, May 14, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, Randy Robinson and Dick Smith
11 (arrived at 10:22 a.m.)
12
13 Ex Officio Members:
14 George C. Campbell, City Manager
15 Howard Martin, ACM Utilities, excused
16
17 Absent: Bob Bland and John Baines, excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staff's recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 1) Consider recommending approval of Bid No. 3776 for the Pecan Creek Water Reclamation
26 Plant Gravity Filter Improvements project to the low bidder Crescent Constructors, Inc. in an
27 amount not to exceed $427,000.
28
29 2) Consider recommending approval of the one-time purchase of 31 pad mounted distribution
30 transformers quoted on April 18, 2007 through Techline, Inc utilizing the Interlocal
31 Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
32 Authority (LCRA) under Section 271.102 of the Local Government Code, approved by the
33 Denton City Council via Ordinance 2006-334, in the expenditure amount of$189,985.
34
35 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
36 the expenditure of funds for payments by the City of Denton for electrical energy
37 transmission fees to those cities and utilities providing energy transmission services to the
38 City of Denton; and providing an effective date (File 3538-2007 Electrical Energy
39 Transmission Fees in the total amount of$263,123).
40
41 4) Consider approval of the staff's recommendation to award the annual contract for the
42 purchase of high density polyethylene pipe (HDPE) and accessories, for use in the City of
43 Denton landfill, from Integrity Fusion Products of Peachtree City, California, for an annual
44 projected purchase not to exceed $50,000.
45
46 5) Consider approval of the `Third Amendment to Professional Services Agreement for
47 Architect or Engineer', an agreement for professional engineering and design services
48 between the City of Denton Solid Waste Department and Chiang, Patel, & Yerby, Inc.
49 (CP&Y) for the preparation of further plans and specifications for the not to exceed price of
50 an additional $16,500.
I Draft Minutes of the Public Utilities Board
2 May 14, 2007
3 Page 2 of 2
4
5
6 6) Consider recommending approval of an ordinance authorizing the abandonment of a 0.14
7 acre public drainage easement tract recorded in Cab. D, Page 80, of the Plat Records of
8 Denton County, Texas, situated in the Mary L. Austin Survey, Abstract No. 4.
9
10 Board Member Phil Gallivan moved to approve Items I through 6 with a second from
11 Board Member Randy Robinson. The motion was approved by a 4-0 vote.
12
13 The meeting was adjourned by consensus at 11:00 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Sharon Mays 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute an amendment to a
Professional Services Agreement with the firm of R.J. Covington, LLC to prepare and coordinate
Denton Municipal Electric's 2007 Earning Monitoring Report; authorizing the expenditure of
funds therefor; and providing an effective date (File 3747 in an amount not to exceed $31,500 for
a total contract amount of$116,500.). The Public Utilities Board recommends approval (4-0).
FILE INFORMATION
A detailed description of the task to be performed is included in the following excerpt from the
Public Utilities Board agenda information sheet.
In 1996, as a result of action required by the Texas Legislature, the Public Utility Commission of
Texas (PUCT) established a statewide transmission system. All electric utilities in Texas
(including municipal utilities) were required to pay for transmission they used and recover their
investment in transmission they had built through a PUCT dictated methodology. In order to
recover Denton Municipal Electric's (DME) transmission investment, DME must file its cost
data with the PUCT and receive a ruling from the PUCT establishing a DME transmission rate.
This filing is referred to as a Transmission Cost of Service (TCOS) filing. A TCOS filing
provides the PUCT with the information regarding the value of DME's transmission related
fixed assets and its cost to operate and maintain those assets that they need to set the
transmission rate that DME may charge. When DME has made new investment in transmission
assets whose value exceeds the depreciation of existing transmission assets by an amount
sufficient to justify the expense of making a full TCOS filing, it can choose to file to have those
new assets included in the transmission rate it may charge. DME's last TCOS rate was set in
June of 2005.
DME's last two TCOS filings have required a significant amount of negotiation with the PUCT
staff. The PUCT staff has personal philosophical differences with the some of the
methodologies the PUCT Commissioners adopted for use by those filing TCOS cases and a
general lack of familiarity with the operation of municipal electric utilities that has caused
disagreements in the past. In addition, DME's fixed asset records are evolving towards the level
of accuracy and organization the PUCT staff is used to seeing from privately owned utilities.
The RJ Covington firm has prepared DME's last two TCOS filings.
Agenda Information Sheet
June 5, 2007
Page 2
FILE INFORMATION (CONTINUED)
DME is required to file a transmission Earnings Report on June 1 of each year in which it does
not make a TCOS filing. The RJ Covington firm has prepared all of DME's past Earnings
Monitoring Reports. The purpose of the Earnings Monitoring Report is to allow the PUCT to
determine that the depreciated value of DME's existing transmission asset base plus its
transmission operating expenses remains high enough to justify its existing transmission rate. If
the PUCT staff believes that the current value of DME's transmission assets does not support its
allowed transmission rate, the staff can propose a reduction of that rate. DME is receiving
approximately $1.3 million per year in TCOS revenues. A reduction in this amount could have a
significant impact on DME's annual revenue.
Because of the importance of the Earnings Monitoring Report, DME believes the Covington firm
should develop and file the report with the support and involvement of DME's financial
manager. This approach will utilize the Covington firm's expertise to address PUCT issues and
will allow DME's financial staff to become familiar with the process and develop a better
understanding of the financial records necessary to satisfy the PUCT review.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its May 14, 2007 meeting. A professional
services agreement with R.J. Covington, LLC, for consulting services pertaining to Denton
Municipal Electric was approved by the City Manager on February 19, 2007 in the amount of
$85,000 for Task Order A. This amendment, Task Order B. in the amount of$31,000 brings the
contract amount to $116,500, therefore exceeding the $100,000 limit and requiring Council
approval.
RECOMMENDATION
Approve Task Order No. DEN 07-B to the professional services agreement with R.J. Covington
in an amount not to exceed $31,500 for a total contract award of$116,500.
PRINCIPAL PLACE OF BUSINESS
R.J. Covington
Austin, TX
Agenda Information Sheet
June 5, 2007
Page 3
ESTIMATED SCHEDULE OF PROJECT
This Task Order is for preparation of the 2007 Earning Monitoring Report Filing.
FISCAL INFORMATION
This item will be funded from account 600001.7854.9300A.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3747
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF R.J. COVINGTON,
LLC TO PREPARE AND COORDINATE DENTON MUNICIPAL ELECTRIC'S 2007 EARNING
MONITORING REPORT;AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;AND
PROVIDING AN EFFECTIVE DATE(FILE 3747 IN AN AMOUNT NOT TO EXCEED $31,500
FOR A TOTAL CONTRACT AMOUNT OF $116,500.).
WHEREAS, on February 19, 2007, the City Manager approved a Professional Services
Agreement with R.J. Covington,LLC,in the amount of$85,000 for consulting services pertaining to
Denton Municipal Electric;
WHEREAS, the Staff having recommended,and the City Manager having recommended to
the Council that Task Order DEN 07-B be authorized to amend such contract agreement with respect
to the scope of work and an increase in the payment amount, and said task order fees under the
proposed contract are fair and reasonable and are consistent with and not higher than the
recommended practices and fees published by the professional associations applicable to the
Provider's profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Task Order No. DEN 07-B, increasing the amount of the professional
services agreement between the City and R.J. Covington, LLC, which is on file in the office of the
Purchasing Agent, in the amount of Thirty One Thousand Five Hundred and 00/100 ($31,500.00)
Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in
accordance with said task order. The total purchase order amount increases to $116,500.00
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r r•
BY:
3-ORD-File 3 747
i
ATTACHMENT i
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND �
R 3 COVINGTON CONSULTING LLC �
TASK ORDER NO DEN 07 B �
2007 Earning Monitoring Report Filing
� This Attachment is a Task Order contemplated by and appended to the Professional
� Services Agreement entered Into by and between the City of Denton Texas ( City ) and
� R J Covington Consulting LLC ( RJC ) as approved by the Denton City Council
Work provided for in this Task Order is for R J Covington Consulting LLC ( RJC ) to
� work with Denton Municipal Electric (DME) staff in preparing the filing of the 2007
� Annual Earning Monitoring Report (EMR)to be filed with the Public Utility CommIsslon
of Texas (PUC) RJC will prepare the earning monitoring filing package and coordinate
with City s legal counsel to file the EMR for 2007 To prepare the report RJC will
submit data request to DME for information required in the filing review all data
received for consistency prepare the forms and respond to the questions required as part
of the annual filing and assist in responding to question from PUC staff regarding
clarification of data filed This scope does not include budget for extended discussions 3
i
with PUC staff should staff contest DNTE s level of earnings As part of this task RJC �
f
will train DME staff regarding the filing in order to allow staff the ability to prepare �
future filings with minimal outside assistance
i
Scope of Services �
Task A Data Collection and Review
1 RJC will provide DME staff a data request to obtain data for FY 2046
2 The data will be reviewed and discussed with staff The review will be to spot
check data to insure that corrections of known past problems in DME FERC
reported data were completed and insure that the data ties back to the City s
Comprehensive Annual Financial Report(CAFR)
� 3 RJC will review with DME staff new construction projects and financing for
those projects since the last TCOS
4 The Transmission Cost of Service (TCOS) schedules and Final Order from
Docket No 30358 will be reviewed in order to update the allocation factors used
in the EMR
Exhibit 1
Task Order No DEN 07 B
2007 Earning Monitoring Report Filing
Task B Prepare F11 R Filing Paeka
1 The reviewed data and TCOS information will be used to complete the EN
schedules for FY 2007
RJC will meet with DME staff to train them on preparation of the EIS filing
package and process for ftli n
3 RJC will evaluate possible issues that may arise from PUC staff due to DME S
use of the cash flew method for determining the return component of rates rather
than the traditional rate of return methodology preferred by PUC staff
4 Potential issues will be discussed with DME staff and the City s attorneys
Task C Filinst of FAIR
1 The filing package will be completed and reviewed with DME staff
Once D staff`has approved final roved the na.l E11�I1 RJC will work with City s legal
counsel to file the E MR with the PU
3 RJC will respond t questions from the PU staff`for clarification of data
P �
contained in the Eller as necessary
Budget
The see budget for the above a of services for layer and expenses for this Task Order is
� p
not to exceed 31 500 The actual costs may vary if significant issues with DNffi
accounting data are encountered and depending on the extent of interaction with PUC
staff required to support the filing This budget will not be exceeded without prior
approval of the City RJ will bill monthly with supporting documentation of activities
rn The work being performed will be under the supervision of the Director of
performed � p
Electric Utilities and may be modified at any trine upon appropriate notice to RJ
EXECUTED this day of May 2007
2of3
Task Order No DEN 07 B
2007 Earning Monitoring Report Film,
AUTHORIZED BY ACCEPTED BY
CITY OF DENTON TEXAS R! COVINGTON CONSULTING LLC
A Texas Municipal Corporation A Texas Limited Liability Corporation
( � i
B) By
GEORGE C CAMPBELL W C Starnes
aw*aagor Vice President �
Dated
Dated � 2�D 7
I
ATTEST
JENNIFER WALTERS CITY SECRETARY �
s
By
APPROVED AS TO LEGAL FORM
EDWIN M SNYDER, CITY ATTORNEY
Y c3z
�
i
i
3 of 3
I PUBLIC UTILITIES BOARD AGENDA ITEM #3
2
3
4 AGENDA
5 PUBLIC UTILITIES BOARD
6 May 14, 2007
7
8 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
9 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
10 Monday, May 14, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
11 Service Center, 901-A Texas Street, Denton, Texas.
12
13 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, Randy Robinson and Dick Smith
14 (arrived at 10:22 a.m.)
15
16 Ex Officio Members:
17 George C. Campbell, City Manager
18 Howard Martin, ACM Utilities, excused
19
20 Absent: Bob Bland and John Baines, excused
21
22 OPEN MEETING:
23
24 CONSENT AGENDA:
25 The Public Utilities Board has received background information, staff's recommendations, and
26 has had an opportunity to raise questions regarding these items prior to consideration.
27
28 1) Consider recommending approval of Bid No. 3776 for the Pecan Creek Water Reclamation
29 Plant Gravity Filter Improvements project to the low bidder Crescent Constructors, Inc. in an
30 amount not to exceed $427,000.
31
32 2) Consider recommending approval of the one-time purchase of 31 pad mounted distribution
33 transformers quoted on April 18, 2007 through Techline, Inc utilizing the Interlocal
34 Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
35 Authority (LCRA) under Section 271.102 of the Local Government Code, approved by the
36 Denton City Council via Ordinance 2006-334, in the expenditure amount of$189,985.
37
38 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
39 the expenditure of funds for payments by the City of Denton for electrical energy
40 transmission fees to those cities and utilities providing energy transmission services to the
41 City of Denton; and providing an effective date (File 3538-2007 Electrical Energy
42 Transmission Fees in the total amount of$263,123).
43
44 4) Consider approval of the staff s recommendation to award the annual contract for the
45 purchase of high density polyethylene pipe (HDPE) and accessories, for use in the City of
46 Denton landfill, from Integrity Fusion Products of Peachtree City, California, for an annual
47 projected purchase not to exceed $50,000.
48
I Public Utilities Board Agenda
2 May 14, 2007
3 Page 2 of 6
4
5
6 5) Consider approval of the `Third Amendment to Professional Services Agreement for
7 Architect or Engineer,' an agreement for professional engineering and design services
8 between the City of Denton Solid Waste Department and Chiang, Patel, & Yerby, Inc.
9 (CP&Y) for the preparation of further plans and specifications for the not to exceed price of
10 an additional $16,500.
11
12 6) Consider recommending approval of an ordinance authorizing the abandonment of a 0.14
13 acre public drainage easement tract recorded in Cab. D, Page 80, of the Plat Records of
14 Denton County, Texas, situated in the Mary L. Austin Survey, Abstract No. 4.
15
16 Board Member Phil Gallivan moved to approve Items I through 6 with a second from
17 Board Member Randy Robinson. The motion was approved by a 4-0 vote.
18
19 ITEMS FOR INDIVIDUAL CONSIDERATION:
20
21 7) Consider recommending approval of the Public Utilities Board meeting minutes of:
22 a. April 26, 2007
23
24 The minutes were approved as circulated.
25
26 8) Consider approval of Task Order 07-B 2007, Earning Monitoring Report Filing, of the
27 Professional Services Agreement by and between the City of Denton and R. J. Covington
28 Consulting (RJC) for an amount not to exceed $31,500.
29
30 Sharon Mays, Director of DME, presented this item, stating that this report, referred to as a
31 Transmission Cost of Service (TCOS), is a yearly filing requirement by the Public Utility
32 Commission of Texas (PUCT). It provides the PUCT with information regarding the value of
33 DME's transmission-related fixed assets and its cost to operate and maintain those assets that
34 they need to set the transmission rate that DME may charge.
35
36 DME's last two TCOS filings have required a significant amount of negotiation with the PUCT
37 staff in that the PUCT staff has philosophical differences with the methodologies the PUCT
38 Commissioners adopted for use by those filing TCOS cases and a general lack of familiarity with
39 the operation of municipal electric utilities that has caused disagreements in the past. In
40 addition, DME's fixed asset records are evolving towards the level of accuracy and organization
41 the PUCT staff is used to seeing from privately owned utilities. RJ Covington has prepared
42 DME's last two TCOS filings and DME staff estimates that with Covington's involvement, it
43 will take another I V2 to 2 years to bring DME's financial records up to the electric utility industry
44 standards.
45
46 Board Member Gallivan moved to approve with a second from Board Member Robinson.
47 The motion was approved by a 4-0 vote.
48
49
50
I Public Utilities Board Agenda
2 May 14, 2007
3 Page 3 of 6
4
5
6 9) Consider approval of a Professional Services Agreement (PSA) with Booth, Ahrens &
7 Werkenthin, P.C., Austin, Texas for legal representation relating to water rights and water
8 legislative issues in an amount not to exceed $50,000.
9
10 Tim Fisher, Assistant Director of Water Utilities, stated that this is an annual contract with
11 Booth, Ahrens & Werkenthin, P.C., and approval of this agreement will provide water related
12 legal services and regulatory update information over the next twelve months. This is a
13 legislative year and because there has been quite a bit of activity, Booth Ahrens will keep us
14 posted on legislative activity. Fisher also stated that this will be the 5th year the city has entered
15 into a contract with Booth Ahrens and, on occasions, had had separate contracts pertaining to
16 specific water rights related issues.
17
18 Board Member Bill Cheek moved to approve with a second from Board Member Gallivan.
19 The motion was approved by a 4-0 vote.
20
21 10)Receive a report, hold a discussion and give staff direction on the Water Fiscal Year 2007-08
22 Operating Budgets and the Fiscal Year 2008-2012 Capital Improvement Programs (CIP).
23
24 Assistant Director of Water Utilities Tim Fisher's review of the proposed budget began with
25 staff s recommendation for a proposed 3% rate increase for 2008 as well as 3% per year for the
26 next five years. Fisher pointed out that the City has experienced a period of non-rate increases
27 until last year when a rate increase was approved to correct inequities in some of the customer
28 classes that were identified through the Black and Veatch study. Fisher also called attention to
29 additional revenue received from impact fees, expansion of Lake Ray Roberts and rehab of the
30 Lake Lewisville Water Treatment Plant. Robson Ranch will begin a three-year, $3 million pay
31 back of impact fees beginning this year when the southeast elevated storage tank is projected to
32 go on line.
33
34 Fisher discussed the cost changes in this year's budget and pointed out that the operating budget
35 reflects an increase beyond the normal inflation level in treatment chemicals of 19% and electric
36 power by 7.4%. Fisher also pointed out that with the pump station coming on line, and Robson
37 Ranch no longer purchasing water, there will be a reduction in next year's revenues of about
38 $209,000. Minor increases in engineering and personal services are up slightly due to the
39 implementation of the city's pay plan and health insurance. The administrative transfer is going
40 down about 11% in the general fund, but the technology fund is going up about 17%.
41
42 Fisher next reviewed the Capital Improvement Program stating that last year's budget had about
43 $71 million in the five-year capital plan while this year's five-year plan is $164 million. Most of
44 the increase is attributed to the water plant expansion at Lake Ray Roberts at a cost of about $77
45 million, and the Lake Lewisville rehabilitation at a cost of about$29 million. Staff has also
46 received revised cost estimates for the pump station for the northwest pressure plane and the
47 Robson elevated storage tank.
48
49
50
I Public Utilities Board Agenda
2 May 14, 2007
3 Page 4 of 6
4
5
6 Fisher stated that, while there are no new capital projects scheduled this year, there is a revised
7 cost of$2,697,681 for six state highway relocations. Chair Charldean Newell asked if the Loop
8 288 and U.S. 380 relocations were part of the six projects. Fisher replied they were not.
9
10 11)Receive a report, hold a discussion and give staff direction on the Wastewater Fiscal Year
11 2007-08 Operating Budgets and the Fiscal Year 2008-2012 Capital Improvement Programs
12 (CIP).
13
14 P.S. Arora, Assistant Director of Wastewater Utilities, presented the proposed budget noting that
15 due to the current and projected financial position of Wastewater there is no proposed rate
16 increases for the 5-year period. The budget reflects contributions to the reserve fund while
17 proceeding with rehabilitation projects
18
19 P.S. Arora, Assistant Director of Wastewater Utilities, presented the proposed budget noting that
20 due to the current and projected financial position of the Wastewater Department there are no
21 proposed rate increases for the 5-year period. The budget reflects contributions to the reserve
22 fund while proceeding with rehabilitation projects.
23
24 Arora next discussed the collapse of a major sewer line in January 2006 in the City of Corinth
25 that belongs to the City of Corinth. Prior to replacing the line,the engineering firm of Freese and
26 Nichols was hired to conduct a flow study to determine where in the future flows will be
27 directed. Due to the line collapse, the City of Corinth lost service to approximately 3000 homes.
28 Because the line collapsed mid-year, staff projects the loss of revenue for FY 2007 to be in the
29 amount of$415,000, with the projected revenue loss of$750,000 each year until the sewer line is
30 replaced and the flows directed to Denton. Arora stated that staff has adopted a cautious
31 approach and will reflect this loss of revenue over the next five years.
32
33 The Wastewater CIP includes collection system capacity upgrades and rehabilitation as a major
34 component for the next five years. Collection system upgrades account for $22,717,828 and
35 rehabilitation of existing sewer lines accounts for $10,572,363 of the $52,585,046 five year
36 Wastewater CIP.
37
38 Jim Coulter, Director of Water Utilities, discussed the severe flooding that occurred in April over
39 a very short period of time. The City had to contend with an extremely high volume of water.
40 Agencies have not decided if the flood was a 20 year, 50 year or 100 year flood. It appears that
41 it will be different in various locations.
42
43 Coulter also stated that the Flood Plain Administrator mails a notice every year to all those
44 people who are in the flood plain, indicating that they really need to purchase flood insurance for
45 these vulnerable homes. If the City began today and had $10 million a year, it would take 25-30
46 years to make the kind of improvements that would protect up to a 100 year design standard.
47 Coulter concluded that it is going to be a tough issue to deal with.
48
I Public Utilities Board Agenda
2 May 14, 2007
3 Page 5 of 6
4
5
6 12)ACM Update:
7 a. Electric 2nd Quarter CIP Update
8 b. 2nd quarter Water, Wastewater, & Solid Waste financials
9 c. 2nd quarter Water, Wastewater and Solid Waste CIP Update
10 d. DME Tree Trust Development
11
12 13)New Business—This item provides an opportunity for Public Utilities Board members to
13 suggest items for future agendas or to request information from the Assistant City Manager
14 for future meetings.
15
16 Chair Charldean Newell announced that a quorum was present and convened into a closed
17 meeting at 10:11 a.m. to consider the following items under the provisions of 551/072 and
18 §551.086 of the Texas Government Code.
19
20 CLOSED MEETING:
21 [ the Public Utilities Board ("PUB") may discuss, deliberate, vote, or take final
22 action on each of the agenda items posted as a"competitive matter" in a Closed Meeting
23 under the provisions of Texas Government Code §551.086(c) relating to" items, the Chair of
24 the PUB shall first announce the time, and then the PUB must then vote and make a good
25 faith determination, by a majority vote of its members, that if any particular agenda item
26 listed under the "Closed Meeting" section is an"electrical competitive matter"that satisfies
27 the requirements of§551.086(b)(3). If there is more than one "electric competitive matter"
28 item on the PUB agenda, then a separate vote must be taken for each item. The vote shall be
29 taken during the Closed Meeting and shall be included in the certified agenda or tape
30 recording of the Closed Meeting. If the PUB fails to determine by a majority vote of its
31 members that the particular agenda item satisfies the requirements of§551.086(b)(3), then
32 the PUB may not discuss, deliberate or take any further action on that agenda item in its
33 Closed Meeting. For any agenda item listed under any other section of the Texas
34 Government Code, other than §551.086, consideration in the Closed Meeting is permitted
35 without the necessity of a preliminary motion and a vote of the Board being taken.]
36
37 A. DELIBERATIONS REGARDING REAL PROPERTY --- Under Texas
38 Government Code §551.072.
39
40 1) Discuss, deliberate, consider, receive information from Staff, and provide
41 Staff with direction, pertaining to the possible location of, the purchase price
42 of, the possible terms of sale of, and valuation issues respecting the possible
43 acquisition of an approximate three (3) acre tract of real property by the City
44 of Denton Municipal Utilities Department for a public purpose; which real
45 property lies within the Asa Hickman Survey, Abstract No. 521, City of
46 Denton, Denton County, Texas, and is located feet east of the Kansas City
47 Southern Railway, south of the Denia Park Area.
48
I Public Utilities Board Agenda
2 May 14, 2007
3 Page 6 of 6
4
5
6 B. DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES:
7 COMPETITIVE MATTERS --- Under Texas Government Code §551.086.
8
9 1) Receive a briefing and information from one of the City's Texas
10 Municipal Power Agency ("TMPA") Board Members and/or from City Staff
11 pertaining to certain competitive electric matters including, without limitation:
12 present and future maintenance issues, financial issues, operational issues,
13 reliability issues, and any related issues concerning the City's interest in, and
14 its business relationship with TMPA; and discuss, deliberate, consider, and
15 provide Staff with direction regarding such matters.
16
17 2) Receive competitive public power information and financial documentation
18 from Staff in the form of the Denton Municipal Electric ("DME") Executive
19 Summary together with the March 2007 DME Budget versus Actual Revenues,
20 Expenses, and Commodity Volumes; and discuss, deliberate, consider, and
21 provide Staff with direction regarding such matters.
22
23 14)Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
24 Texas Government Code, as amended.
25
26 At 11:00 a.m. the Chair declared the closed meeting ended.
27
28 The meeting was adjourned by consensus at 11:00 a.m.
29
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Jim Coulter 349-7194
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Pecan Creek Water Reclamation Plant filter improvements
for the City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3776- Pecan Creek Water Reclamation Plant Gravity Filter Improvements
awarded to Crescent Constructors, Inc. in the amount of $427,000). The Public Utilities Board
recommends approval (4-0).
BID INFORMATION
The filters at the Pecan Creek Water Reclamation Plant (PCWRP) are used for enhanced
cleaning of the plant effluent after secondary clarification. The filtered effluent is then
disinfected before discharge into Pecan Creek or used for reuse water supply.
The filters at the PCWRP were constructed during the 1984 expansion of the plant and with
normal maintenance have been in service for over 22 years. However, there are instances of low
level turbidity breakthrough in the plant effluent. This has not impacted the plant discharge
permit, but is impacting the reuse water supply permit limits. For this reason, staff is proceeding
with the rehab/upgrade of the underdrain system of two out of four filters in this fiscal year. The
remaining two filters will be upgraded in fiscal year 2008.
On January 8, 2007 the Public Utilities Board approved a design contract with Camp Dresser
McKee, Inc. (CDM) for replacement of the four filters. Based on the specifications prepared by
CDM, two bids for the replacement of two filters were received on May 3, 2007. Crescent
Constructors, Inc. was the low bidder with a bid of$427,000.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its May 14, 2007 meeting.
RECOMMENDATION
Award to Crescent Constructors, Inc. in the amount of$427,000.
Agenda Information Sheet
June 5, 2007
Page 2
PRINCIPAL PLACE OF BUSINESS
Crescent Constructors, Inc.
Richardson, TX
ESTIMATED SCHEDULE OF PROJECT
Completion of this project is estimated to be 184 days from the date that the Notice to Proceed is
issued.
FISCAL INFORMATION
Funds for the rehabilitation/upgrade of the underdrain system are included in the FY2010 Capital
Improvement Plan and budgeted in account 6400795 3 7.13 60.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-3776
Bid#3776 Attachment 1
Date: 5/3/07
Pecan Creek Water Reclamation Plant Gravity Filter Improvements
NO. DESCRIPTION Vendor Vendor
Crescent Red River
Constructors, Construction
Inc.
Principle Place of Business: Richardson, TX Wylie, TX
4.A Construction of Filter $3771000 $4511000
Improvements Base Bid
4 B Demolition of Exisiting $501000 $371700
Underdrains
Total A and B $4271000 $4881700
Bid Bond yes yes
Addendum 1 yes yes
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION
PLANT FILTER IMPROVEMENTS FOR THE CITY OF DENTON; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3 776-PECAN CREEK WATER RECLAMATION PLANT GRAVITY FILTER IMPROVEMENTS
AWARDED TO CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $42700).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS,the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3776 Crescent Constructors, Inc. $42700
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved,until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
mow
BY:
3-ORD-Bid 3 776
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 May 14, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, May 14, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, Randy Robinson and Dick Smith
11 (arrived at 10:22 a.m.)
12
13 Ex Officio Members:
14 George C. Campbell, City Manager
15 Howard Martin, ACM Utilities, excused
16
17 Absent: Bob Bland and John Baines, excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staff's recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 1) Consider recommending approval of Bid No. 3776 for the Pecan Creek Water Reclamation
26 Plant Gravity Filter Improvements project to the low bidder Crescent Constructors, Inc. in an
27 amount not to exceed $427,000.
28
29 2) Consider recommending approval of the one-time purchase of 31 pad mounted distribution
30 transformers quoted on April 18, 2007 through Techline, Inc utilizing the Interlocal
31 Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
32 Authority (LCRA) under Section 271.102 of the Local Government Code, approved by the
33 Denton City Council via Ordinance 2006-334, in the expenditure amount of$189,985.
34
35 3) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
36 the expenditure of funds for payments by the City of Denton for electrical energy
37 transmission fees to those cities and utilities providing energy transmission services to the
38 City of Denton; and providing an effective date (File 3538-2007 Electrical Energy
39 Transmission Fees in the total amount of$263,123).
40
41 4) Consider approval of the staff's recommendation to award the annual contract for the
42 purchase of high density polyethylene pipe (HDPE) and accessories, for use in the City of
43 Denton landfill, from Integrity Fusion Products of Peachtree City, California, for an annual
44 projected purchase not to exceed $50,000.
45
46 5) Consider approval of the `Third Amendment to Professional Services Agreement for
47 Architect or Engineer', an agreement for professional engineering and design services
48 between the City of Denton Solid Waste Department and Chiang, Patel, & Yerby, Inc.
49 (CP&Y) for the preparation of further plans and specifications for the not to exceed price of
50 an additional $16,500.
I Draft Minutes of the Public Utilities Board
2 May 14, 2007
3 Page 2 of 2
4
5
6 6) Consider recommending approval of an ordinance authorizing the abandonment of a 0.14
7 acre public drainage easement tract recorded in Cab. D, Page 80, of the Plat Records of
8 Denton County, Texas, situated in the Mary L. Austin Survey, Abstract No. 4.
9
10 Board Member Phil Gallivan moved to approve Items I through 6 with a second from
11 Board Member Randy Robinson. The motion was approved by a 4-0 vote.
12
13 The meeting was adjourned by consensus at 11:00 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Jim Coulter 349-7194
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of asphalt and concrete street sections and repairs for various City departments;
providing for the expenditure of funds therefor; and providing an effective date (Bid 3708-
Annual Contract for Asphalt and Concrete Street Sections and Repairs awarded to the lowest
responsible bidder for each item, Jagoe-Public Company in the annual estimated amount of
$1,500,000).
BID INFORMATION
The sections of this annual contract allow for turn-key street repair or construction projects up to
approximately $250,000. Each of the annual contract sections allow the City of Denton to get
more projects on the ground in an expedited manner by combining the bid process into one
annual activity. Projects estimated to exceed $250,000 may be competitively bid outside this
contract agreement.
RECOMMENDATION
We recommend this contract be awarded to the lowest responsible bidder for each section,
Jagoe-Public Company, in the annual estimated amount of$1,500,000.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Co.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract with an option to renew for additional one-year periods contingent
upon all prices, terms and conditions remaining the same. Schedules for individual projects will
be determined as Notice to Proceed letters are issued.
FISCAL INFORMATION
Projects associated with this agreement will be funded from bond sales, certificates of obligation,
CIP funds and or appropriate budget accounts.
Agenda Information Sheet
June 5, 2007
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
i-.mss-spa 3708
Attachment 1
BID # 3708
DATE: May 10, 2007
Annual Contract for Asphalt and Concrete Street Sections and Repairs
AL
ANNU
ITEM ANNUAL DESCRIPTION VENDOR VENDOR
Q
Jagoe Public Reliable
Co. Paving, Inc.
Principle Place of Business: Denton,TX Arlington, TX
1 Cut and Remove 4" Concrete Sidewalk
11000 SY 500 to 2000 SY $11.00 $26.50
31500 SY 2001 to 5000 SY $7.50 $24.00
2 Replace 4" Concrete Sidewalk
11000 SY 500 to 2000 SY $44.00 $27.40
31500 SY 2001 to 5000 SY $42.00 $26.50
3 Cut and Remove 6" Concrete Pavement
11000 SY 500 to 2000 SY $13.00 $27.00
31500 SY 2001 to 5000 SY $8.00 $25.00
4 Replace 6" Concrete Pavement
11000 SY 500 to 2000 SY $55.00 $36.00
31500 SY 2001 to 5000 SY $53.00 $35.00
5 Cut and Remove 8" Concrete Pavement
11000 SY 500 to 2000 SY $15.00 $31.00
31500 SY 2001 to 5000 SY $10.00 $29.00
6 Replace 8" Concrete Pavement
11000 SY 500 to 2000 SY $62.00 $42.50
31500 SY 2001 to 5000 SY $57.00 $41.50
Page 1 of 6
Attachment 1
ANNUAL ITEM ANN U UOM DESCRIPTION VENDOR VENDOR
Jagoe Public Reliable
Co. Paving, Inc.
Principle Place of Business: Denton,TX Arlington, TX
7 Cut and Remove 10" Concrete Pavement
11000 SY 500 to 2000 SY $20.00 $35.00
31500 SY 2001 to 5000 SY $11.00 $33.00
8 Replace 10" Concrete Pavement
11000 SY 500 to 2000 SY $75.00 $50.00
31500 SY 2001 to 5000 SY $64.00 $49.00
9 Cut and Remove 24" Curb and Gutter
11000 LF 500 to 2000 LF $8.00 $8.00
31500 LF 2001 to 5000 LF $6.75 $7.00
10 Replace 24" Curb and Gutter
11000 LF 500 to 2000 LF $18.00 $18.00
31500 LF 2001 to 5000 LF $16.60 $16.00
11 Cut and Remove 2" Asphalt
11000 SY 500 to 2000 SY $4.25 $16.00
31500 SY 2001 to 5000 SY $1.75 $14.00
12 Replace 2" Asphalt
11000 SY 500 to 2000 SY $12.00 $10.00
31500 SY 2001 to 5000 SY $7.50 $8.20
13 Cut and Remove 3" Asphalt
11000 SY 500 to 2000 SY $5.00 $18.00
31500 SY 2001 to 5000 SY $2.00 $16.00
Page 2 of 6
Attachment 1
ANNUAL ITEM ANN U UOM DESCRIPTION VENDOR VENDOR
Jagoe Public Reliable
Co. Paving, Inc.
Principle Place of Business: Denton,TX Arlington, TX
14 Replace 3" Asphalt
11000 SY 500 to 2000 SY $14.00 $14.00
31500 SY 2001 to 5000 SY $10.50 $12.00
15 Cut and Remove 4" Asphalt
11000 SY 500 to 2000 SY $5.00 $20.00
31500 SY 2001 to 5000 SY $2.00 $18.00
16 Replace 4" Asphalt
11000 SY 500 to 2000 SY $17.00 $18.00
31500 SY 2001 to 5000 SY $13.00 $15.50
17 Cut and Remove 5" Asphalt
11000 SY 500 to 2000 SY $5.50 $22.00
31500 SY 2001 to 5000 SY $2.50 $20.00
18 Replace 5" Asphalt
11000 SY 500 to 2000 SY $20.00 $22.00
31500 SY 2001 to 5000 SY $16.00 $19.40
19 Cut and Remove 6" Asphalt
11000 SY 500 to 2000 SY $5.75 $25.00
31500 SY 2001 to 5000 SY $3.50 $22.00
20 Replace 6" Asphalt
11000 SY 500 to 2000 SY $23.00 $26.00
31500 SY 2001 to 5000 SY $19.00 $23.20
Page 3 of 6
Attachment 1
ANNUAL ITEM ANN U UOM DESCRIPTION VENDOR VENDOR
Jagoe Public Reliable
Co. Paving, Inc.
Principle Place of Business: Denton,TX Arlington, TX
21 Cut and Remove 7" Asphalt
11000 SY 500 to 2000 SY $6.00 $27.00
31500 SY 2001 to 5000 SY $3.75 $26.00
22 Replace 7" Asphalt
11000 SY 500 to 2000 SY $25.00 $30.00
31500 SY 2001 to 5000 SY $22.00 $27.00
23 Cut and Remove 8" Asphalt
11000 SY 500 to 2000 SY $6.50 $30.00
31500 SY 2001 to 5000 SY $4.50 $26.00
24 Replace 8" Asphalt
11000 SY 500 to 2000 SY $29.00 $34.00
31500 SY 2001 to 5000 SY $25.00 $30.70
25 Cut and Remove 10" Asphalt
11000 SY 500 to 2000 SY $7.00 $35.00
31500 SY 2001 to 5000 SY $5.50 $30.00
26 Replace 10" Asphalt
11000 SY 500 to 2000 SY $33.00 $42.00
31500 SY 2001 to 5000 SY $29.00 $38.40
27 Cut and Remove 12" Asphalt
11000 SY 500 to 2000 SY $8.00 $40.00
31500 SY 2001 to 5000 SY $6.00 $35.00
Page 4 of 6
Attachment 1
ANNUAL ITEM ANN U UOM DESCRIPTION VENDOR VENDOR
Jagoe Public Reliable
Co. Paving, Inc.
Principle Place of Business: Denton,TX Arlington, TX
28 Replace 12" Asphalt
11000 SY 500 to 2000 SY $39.00 $50.00
31500 SY 2001 to 5000 SY $35.00 $46.00
29 1-100 EA Adjust Manholes to Finish Grade - All Manholes $350.00 $400.00
30 1-100 EA Adjust Valves $190.00 $200.00
31 11000 SY Subgrade Stabilization - 6" 500 to 2000 SY $9.00 $2.50
32 Lime Subgrade Stabilization - 8"
11000 SY 500 to 2000 SY $10.00 $2.70
31500 SY 2001 to 5000 SY $4.50 $2.40
33 Lime Subgrade Stabilization - 12"
11000 SY 500 to 2000 SY $15.00 $6.00
31500 SY 2001 to 5000 SY $6.25 $5.00
34 Cement Subgrade Stabilization - 8"
11000 SY 500 to 2000 SY $11.00 $2.60
31500 SY 2001 to 5000 SY $4.50 $2.30
35 Cement Subgrade Stabilization - 12"
11000 SY 500 to 2000 SY $14.00 $5.60
31500 SY 2001 to 5000 SY $6.00 $4.80
36 Lime for Subgrade Stabilization - PH Series
200 TN 1 to 1000 TN $130.00 $130.00
Page 5 of 6
Attachment 1
ANNUAL ITEM ANN U UOM DESCRIPTION VENDOR VENDOR
Jagoe Public Reliable
Co. Paving, Inc.
Principle Place of Business: Denton,TX Arlington, TX
37 Cement for Stabilization - Atterberg Limits
200 TN 1 to 1000 TN $130.00 $160.00
38 700 LF Erosion Control - Silt Fence - Inlet Protection $3.00 $5.00
39 750 SY Hydromulch $2.00 $2.00
40 Unclassified Excavation
250 CY 1 to 500 CY $25.00 $20.00
750 CY 501 to 999 CY $14.00 $16.00
41 Compacted Fill to 95%
250 CY 100 to 500 CY $30.00 $25.00
750 CY 501 to 1000 CY $24.00 $25.00
42 Asphalt Base Failure Repair by SY-6"
250 SY 100 to 500 SY $50.00 $66.00
11000 SY 501 to 1500 SY $33.00 $56.00
43 Asphalt Base Failure Repair by SY-8"
250 SY 100 to 500 SY $55.00 $82.00
11000 SY 501 to 1501 SY $40.00 $70.00
Service can be performed within days 7 N/A
from receipt of order.
Bid Bond Yes Yes
Addendum #1 Yes Yes
Addendum #2 Yes Yes
*Prices shall be F.O.B. Denton
Page 6of6
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE ASPHALT AND CONCRETE STREET
SECTIONS INCLUDING REPAIRS FOR THE CITY OF DENTON STREET DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3708- ANNUAL CONTRACT FOR ASPHALT AND CONCRETE
STREET SECTIONS AND REPAIRS AWARDED TO JAGOE-PUBLIC COMPANY IN THE
ESTIMATED CUMULATIVE ANNUAL AMOUNT OF $1,500,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS,the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3708 Jagoe-Public Company Exhibit A
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved,until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
r r=
BY:
3-ORD-3 708
Exhibit A
BID # 3708
DATE: May 10, 2007
Annual Contract for Asphalt and Concrete Street Sections and Repairs
ITEM ANNUAL UOM DESCRIPTION VENDOR
QTY.
Jagoe Public
Co.
Principle Place of Business: Denton,TX
1 Cut and Remove 4" Concrete Sidewalk
11000 SY 500 to 2000 SY $11.00
31500 SY 2001 to 5000 SY $7.50
2 Replace 4" Concrete Sidewalk
11000 SY 500 to 2000 SY $44.00
31500 SY 2001 to 5000 SY $42.00
3 Cut and Remove 6" Concrete Pavement
11000 SY 500 to 2000 SY $13.00
31500 SY 2001 to 5000 SY $8.00
4 Replace 6" Concrete Pavement
11000 SY 500 to 2000 SY $55.00
31500 SY 2001 to 5000 SY $53.00
5 Cut and Remove 8" Concrete Pavement
11000 SY 500 to 2000 SY $15.00
31500 SY 2001 to 5000 SY $10.00
6 Replace 8" Concrete Pavement
11000 SY 500 to 2000 SY $62.00
31500 SY 2001 to 5000 SY $57.00
Page 1 of 6
Exhibit A
ITEM ANNUAL UOM DESCRIPTION VENDOR
QTY.
Jagoe Public
Co.
Principle Place of Business: Denton,TX
7 Cut and Remove 10" Concrete Pavement
11000 SY 500 to 2000 SY $20.00
31500 SY 2001 to 5000 SY $11.00
8 Replace 10" Concrete Pavement
11000 SY 500 to 2000 SY $75.00
31500 SY 2001 to 5000 SY $64.00
9 Cut and Remove 24" Curb and Gutter
11000 LF 500 to 2000 LF $8.00
31500 LF 2001 to 5000 LF $6.75
10 Replace 24" Curb and Gutter
11000 LF 500 to 2000 LF $18.00
31500 LF 2001 to 5000 LF $16.60
11 Cut and Remove 2" Asphalt
11000 SY 500 to 2000 SY $4.25
31500 SY 2001 to 5000 SY $1.75
12 Replace 2" Asphalt
11000 SY 500 to 2000 SY $12.00
31500 SY 2001 to 5000 SY $7.50
13 Cut and Remove 3" Asphalt
11000 SY 500 to 2000 SY $5.00
31500 SY 2001 to 5000 SY $2.00
Page 2 of 6
Exhibit A
ITEM ANNUAL UOM DESCRIPTION VENDOR
QTY.
Jagoe Public
Co.
Principle Place of Business: Denton,TX
14 Replace 3" Asphalt
11000 SY 500 to 2000 SY $14.00
31500 SY 2001 to 5000 SY $10.50
15 Cut and Remove 4" Asphalt
11000 SY 500 to 2000 SY $5.00
31500 SY 2001 to 5000 SY $2.00
16 Replace 4" Asphalt
11000 SY 500 to 2000 SY $17.00
31500 SY 2001 to 5000 SY $13.00
17 Cut and Remove 5" Asphalt
11000 SY 500 to 2000 SY $5.50
31500 SY 2001 to 5000 SY $2.50
18 Replace 5" Asphalt
11000 SY 500 to 2000 SY $20.00
31500 SY 2001 to 5000 SY $16.00
19 Cut and Remove 6" Asphalt
11000 SY 500 to 2000 SY $5.75
31500 SY 2001 to 5000 SY $3.50
20 Replace 6" Asphalt
11000 SY 500 to 2000 SY $23.00
31500 SY 2001 to 5000 SY $19.00
Page 3 of 6
Exhibit A
ITEM ANNUAL UOM DESCRIPTION VENDOR
QTY.
Jagoe Public
Co.
Principle Place of Business: Denton,TX
21 Cut and Remove 7" Asphalt
11000 SY 500 to 2000 SY $6.00
31500 SY 2001 to 5000 SY $3.75
22 Replace 7" Asphalt
11000 SY 500 to 2000 SY $25.00
31500 SY 2001 to 5000 SY $22.00
23 Cut and Remove 8" Asphalt
11000 SY 500 to 2000 SY $6.50
31500 SY 2001 to 5000 SY $4.50
24 Replace 8" Asphalt
11000 SY 500 to 2000 SY $29.00
31500 SY 2001 to 5000 SY $25.00
25 Cut and Remove 10" Asphalt
11000 SY 500 to 2000 SY $7.00
31500 SY 2001 to 5000 SY $5.50
26 Replace 10" Asphalt
11000 SY 500 to 2000 SY $33.00
31500 SY 2001 to 5000 SY $29.00
27 Cut and Remove 12" Asphalt
11000 SY 500 to 2000 SY $8.00
31500 SY 2001 to 5000 SY $6.00
Page 4 of 6
Exhibit A
ITEM ANNUAL UOM DESCRIPTION VENDOR
QTY.
Jagoe Public
Co.
Principle Place of Business: Denton,TX
28 Replace 12" Asphalt
11000 SY 500 to 2000 SY $39.00
31500 SY 2001 to 5000 SY $35.00
29 1-100 EA Adjust Manholes to Finish Grade - All Manholes $350.00
30 1-100 EA Adjust Valves $190.00
31 11000 SY Subgrade Stabilization - 6" 500 to 2000 SY $9.00
32 Lime Subgrade Stabilization - 8"
11000 SY 500 to 2000 SY $10.00
31500 SY 2001 to 5000 SY $4.50
33 Lime Subgrade Stabilization - 12"
11000 SY 500 to 2000 SY $15.00
31500 SY 2001 to 5000 SY $6.25
34 Cement Subgrade Stabilization - 8"
11000 SY 500 to 2000 SY $11.00
31500 SY 2001 to 5000 SY $4.50
35 Cement Subgrade Stabilization - 12"
11000 SY 500 to 2000 SY $14.00
31500 SY 2001 to 5000 SY $6.00
36 Lime for Subgrade Stabilization - PH Series
200 TN 1 to 1000 TN $130.00
Page 5 of 6
Exhibit A
ITEM ANNUAL UOM DESCRIPTION VENDOR
QTY.
Jagoe Public
Co.
Principle Place of Business: Denton,TX
37 Cement for Stabilization - Atterberg Limits
200 TN 1 to 1000 TN $130.00
38 700 LF Erosion Control - Silt Fence - Inlet Protection $3.00
39 750 SY Hydromulch $2.00
40 Unclassified Excavation
250 CY 1 to 500 CY $25.00
750 CY 501 to 999 CY $14.00
41 Compacted Fill to 95%
250 CY 100 to 500 CY $30.00
750 CY 501 to 1000 CY $24.00
42 Asphalt Base Failure Repair by SY-6"
250 SY 100 to 500 SY $50.00
11000 SY 501 to 1500 SY $33.00
43 Asphalt Base Failure Repair by SY-8"
250 SY 100 to 500 SY $55.00
11000 SY 501 to 1501 SY $40.00
Service can be performed within days 7
from receipt of order.
Bid Bond Yes
Addendum #1 Yes
Addendum #2 Yes
*Prices shall be F.O.B. Denton
Page 6of6
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Alex Pettit at 349-8595
ACM: Jon Fortune It
SUBJECT
Consider adoption of an Ordinance determining a sole source and approving the expenditure of
funds for the purchase of phone service for the City of Denton available from only one source in
accordance with the provision for State Law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3798-Purchase of a Two Year Contracted
Rate for the City of Denton Phone Service awarded to Verizon Business Network Services in the
annual amount of$19,200 for a total award amount of$38,400).
FILE INFORMATION
This contract is to provide a guaranteed rate for Primary Rate Interface (PRI) services for the
City of Denton. PRI services are the method that connects the City telephone system to the
Public Switched Telephone Network (PSTN), commonly referred to as the "Central Office", and
provides for inbound and outbound telephone calls. This service affects all City operations that
place or receive calls to and from the public. This contract was not competitively bid because
telephone services for this area do not operate as a de-regulated market, and Verizon is the
franchised Local Exchange Carrier (LEC) for this market and maintains sole control over the
"349" exchange that all current City phone numbers use. The purpose of this contract is to
ensure stable pricing of PRI services for a period of 24 months at a guaranteed rate of$800 per
month, per PRI, and represents a cost savings of$14,400 over the current, non-contracted rate of
$1,100 per PRI.
Section 252.022 of the Local Government Code provides that procurement of items that are only
available from one source, do not have to be competitively bid.
RECOMMENDATION
Enter into a Service Agreement with Verizon for the guaranteed flat-rate PRI pricing of$800 per
month per PRI for 24 months in the annual amount of$19,200.
PRINCIPAL PLACE OF BUSINESS
Verizon Business Network Services, Inc
Dallas, Texas
Agenda Information Sheet
June 5, 2007
Page 2
ESTIMATED SCHEDULE OF PROJECT
Contracted rate is good for 24 months from date of adoption, and would be eligible for renewal
or re-negotiation at that time.
FISCAL INFORMATION
Funding for PRI Services is budgeted in the FY 2006-07 Technology Services operating budget
account 830200.7877.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Verizon Service Agreement
1-AIS-File 3798
ORDINANCE NO.
AN ORDINANCE DETERMINING A SOLE SOURCE AND APPROVING THE
EXPENDITURE OF FUNDS FOR THE PURCHASE OF PHONE SERVICE FOR THE
CITY OF DENTON AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE
WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE (FILE 3798-PURCHASE OF A TWO YEAR CONTRACTED
RATE FOR THE CITY OF DENTON PHONE SERVICE AWARDED TO VERIZON
BUSINESS NETWORK SERVICES IN THE ANNUAL AMOUNT OF $19,200 FOR A
TOTAL AWARD AMOUNT OF $38,400).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3 798 Verizon $38,400
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
t
BY:
3-ORD-File 3798
Seat Ear: VERIZON; 9728932910; May-25-07 18:49; Page 1
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AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune Pr
SUBJECT
Consider adoption of an Ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of two 55' aerial device bucket trucks and one
hydraulic rotating digger derrick truck as awarded by the State of Texas Building and
Procurement Commission contract TXMAS-7-23 V040; providing for the expenditure of funds
therefor; and providing an effective date (File 3724-Heavy Services Trucks for Denton
Municipal Electric awarded to Grande Truck Center in the amount of $385,357). The Public
Utilities Board recommends approval (5-0).
FILE INFORMATION
This request is for the acquisition of two 55' aerial device trucks and one hydraulic rotating
digger derrick truck for Denton Municipal Electric. The manufacturer of the aerial device and
body for the two bucket trucks as well as the digger derrick for the other truck is Terex Utilities.
The chassis supplier is Grande Ford. The bodies and chassis are on the State of Texas Building
and Procurement Commission contract TXMAS 7-23V040. To satisfy the Texas New Motor
Vehicle requirements, the order must be placed with the franchised chassis dealer. Therefore, we
are purchasing the Terex bodies, buckets and derrick from Grande Ford.
All three of the units were approved for replacement in the 2006-07 budget process. They will
replace similar units purchased in 1995, 1997, and a leased unit acquired in 2002 with the lease
expiring in 2007.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its May 30, 2007 meeting.
RECOMMENDATION
Award to Grande Truck Center in the amounts of$127,400 (Bucket Truck), $127,400 (Bucket
Truck), and $130,557 (Digger Truck) for a total award of$3 8 5,3 5 7.
PRINCIPAL PLACE OF BUSINESS
Grande Truck Center Terex Utilities
San Antonio, TX San Antonio, TX
Agenda Information Sheet
June 5, 2007
Page 2
ESTIMATED SCHEDULE OF PROJECT
These units are currently in dealer stock and can be delivered within 20 days after receipt of an
order.
FISCAL INFORMATION
Funding for these replacement vehicles will come from account 605555.8535.3920.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Terex Utilities Quotation 62000137-1 Aerial Device Trucks
Attachment 2: Terex Utilities Quotation 62000137-3 Digger Derrick Truck
1-AIS-File 3724
1:....................
.. ................... ........... Quotation
62000137
T.E., Page 1 of 7
Attachment 1
142 Gembler Road, San Antonio, TX, 78219
Phone- 800-292-1931 Fax 210-224-6885
May 10, 2007
Please see 62000063-2 for second unit
City of Denton
goi-B Texas Street
Denton, TX 76201
Attention: Tom Shaw/City of Denton Phone: 940-349-710o Fax: 940-349-7302
Reference: 6141056o Stock/Demo Unit Email: tom.shaw@cityofdenton.com
TXMAS Contract Number: TXMAS-7-23VO40 UNIT Serial Numbers - DK31691/ IN12965
Qty. Description
AERIAL DEVICE
1 One (1) new Terex-Utilities Hi-Ranger HRX-55 insulated over center aerial device. 55.25 ft to bottom of
platform offering a working height of 60.25 ft. and 48.25 ft of horizontal reach over center and 39.4 ft
non-over center.
Design Criteria:* Terex Utilities aerial devices are designed in accordance with current industry and
engineering standards applicable and accepted for structural and hydraulic design.
Upper Controls:*A "3D" one hand control is provided and located at the platform. The controls activate
lower boom, upper boom, and rotation. An emergency hydraulic stop is also provided.
Platform Rotation:*A platform rotator offering 105 degrees of forward rotation is standard.
Engine Two Speed Throttle Control:*A two speed engine throttle control is provided at the upper
controls. The engine shall advance to a pre-set speed when engaged and decrease when it is
disengaged.
Platform Leveling:* Provided by a leveling system utilizing chains and fiberglass rods contained within
the upper boom and cylinders at the lower boom. This system meets dielectric requirements per ANSI
A92.2. Platform leveling control is located at the top controls for ease of personnel rescue and platform
debris clean out. Hydraulic platform tilt is also located at the lower and upper controls.
Lower Controls:*Ind ivid ual control levers are provided and located in an accessible location on the
turntable. The lower controls activate lower boom, upper boom, rotation, and winch control. An upper
lower control selector provides override of platform controls.
Lower Boom:* Constructed of high strength, rectangular steel tube with a rectangular bi-axial filament
wound, high strength fiberglass insert providing an insulation gap of 18 in. The lower boom articulation
is from 0 to 110 degrees. The lower boom is supported when stored by a padded boom rest. Lower
boom also includes a padded upper boom rest with a tie down.
Upper Boom:*The aerial device upper boom knuckle is constructed of high strength steel with a
rectangular bi-axial filament wound tapered fiberglass boom providing 12 ft. of clear insulation. The
Quotation
62000137-1
Page 2 of 7
Qty. Description
aerial device upper boom has an over center articulation of 194 degrees.
Pivot Points:* The support areas at the boom-to-turntable and lower boom-to-upper boom connections
are equipped with self-aligning swivel ball bushings for extended life of main pivot pins.
Lower Boom Cylinder:* Single, threaded end gland design, double acting hydraulic lift cylinder equipped
with (2) integral holding valves.
Elbow Cylinder & Linkage Mechanism:* Single double acting hydraulic elbow cylinder equipped with (2)
integral holding valves. Linkage mechanism is of welded steel fabrication utilizing high-strength steel.
Boom Interlock:* To operate the boom the outriggers must be extended.
Pedestal &Turntable:* The pedestal is of welded high-strength steel construction and designed with
access holes for maintenance of hydraulic plumbing. The pedestal top plate is machined from a single
piece of thick plate. The top plate bearing surface is machined after welding to maintain a flat mounting
surface for the rotation bearing. The turntable is constructed of steel plates with an offset configuration
to provide maximum strength and stability. Steel bottom plate has provisions for attaching outer-race of
rotation bearing.
Continuous Unrestricted Rotation:*A Terex Telelect designed and manufactured 3 port hydraulic rotary
manifold provides a rotating oil distribution system for continuous and unrestricted rotation. A 2-channel
electric collector ring is also provided. Self-locking worm gear rotation drive is provided and equipped
with bi-directional motor. A 7/8 in. hex shaft extension provides manual rotation.
Rotation Bearing:* The rotation bearing is a heavy duty "shear-ball" bearing with external gear teeth
utilizing polished alloy steel balls. Both the inner and outer races are machined from high-strength alloy
steel and are heat treated to provide maximum life. High-strength bolts attach the inner and outer races
to the pedestal and turntable.
ANSI Rating:*Aerial device is designed as a Category C machine in accordance with ANSI A92.2.
Aerial device is dielectrically tested and certified for operation up to 46,000 working line voltage per
ANSI A92.2
Hydraulic System:
* Full pressure 3000 psi open center hydraulic system. A 35-gallon hydraulic oil reservoir provided with
a replaceable cartridge type 10-micron return line filter, a 100-mesh filter screen, baffles, outlet filter
screen, clean-out access hole, dipstick and shut off valve.
* Hydraulic hoses are equipped with permanent type hose fittings.
Outrigger Motion Alarm:*An alarm, which sounds whenever an outrigger is raised or lowered from the
controls is provided as standard. A switch built into the outrigger control valve will energize a 97 db
alarm when handle is moved.
Miscellaneous:*All metallic components of the complete aerial device are prime painted. The fiberglass
upper boom, lower boom insert, platforms, and covers are white. Includes operation and maintenance
procedures, replacement parts listing, and all recommended warning decals.
1 PUMP
Quotation
62000137-1
Page 3 of 7
Qty. Description
1 PEDESTAL
1 HOSE AND FITTINGS
1 Boom rest.
42 Fill of hydraulic oil and lubricants.
1 Platform 24" x 48" x 42":
* One curbside mounted fiberglass platform.
* In lieu of standard platform.
*A rated capacity of 700 lbs.
* Includes one (1) outside step with slip-resistant surface.
* Two safety harnesses and lanyards with a built in 'D' ring lanyard attachment is provided.
1 Insulated Platform Liner For 24" x 48" x 42" Platform:* Certified at 50 KV AC.
1 Vinyl Platform Cover For 24" x 48" Platform:*Waterproof with internal elastic cord around edge.
1 Dual Hydraulic Tool Outlet At Platform:
* Installed at the platform to accommodate two open center hydraulic tools.
* Tools cannot be operated simultaneously.
* Includes port relief's to limit pressure to 2000 psi.
* Standard operation of tools with truck engine on low speed provides flow available for tools 4-6 GPM
depending on PTO and pump.
* Tool return back pressure is less than 200 psi with ISO 15 hydraulic oil.
1 Adjustable Flow Control For Tools:* Installed at platform to regulate flow to tool pressure line for dual
tool outlets.
1 Auxiliary Let Down:*Allows for the descent of the boom (platform) in the most direct manner for a time
limited by the duty cycle of the electric motor.
1 Insulated Engine Stop/Start:* Controlled from platform
1 Tubular Rubber Platform Rest:* Provides platform support during road travel
1 Power take off with indicator light for Allison MD automatic transmission.
1 Electric collector ring 4-conductor.
1 Components To Meet ANSI Category B Rating:
* ILO standard Category "C" rating.
* Includes lower test electrode system and system to prevent vacuum in hydraulic lines.
* Used between 46,000 volts AC and 138,000 volts AC.
* Terex-Telelect can only certify up to 69 KV when this option is ordered.
1 2000-lb Hydraulic Articulating Jib And Winch:
* Infinite positioning through the 130 degree articulation envelope with 1 - 6 ft. of extension and 4
Quotation
62000137-1
Page 4 of 7
Qty. Description
pinning positions.
* Includes a 2000 lb. full drum capacity self-locking worm gear winch complete with 1/2 inch load line
with swivel hook and latch, and a load chart.
1 Hydraulic Jib Extension Under Load:* Provides two different extension cylinder pinning positions with
18 inches of cylinder travel.* Jib supported two tandem roller sets.* Reduces jib capacity by 50 lbs.
1 Full length subframe for 120" CA chassis and tie down kit.
2 Extra Heavy Duty X-Frame Outriggers:* Hydraulic double acting outriggers including integral holding
valves.* 163 " spread pin to pin and 175" to outside of pads at 8.24 " penetration and 40 " frame height.
* 13 " x 12 " swivel type stabilizer pads.
1 Controls For 2-Sets Of Outriggers And Auxiliary Tool Outlets:
* Recessed at rear of truck each side for ease of view for outrigger placement.
1 118 Degree Lower Boom Articulation:* In lieu of standard 110 degrees.
* Non-over center side reach is increased approximately 3'.
UTILITY BODY
1 LLB168 Utility Line Body:
A. Dimensions
-168" overall length
-94" outside width
-58" bed width
-28" floor to top of body
-18" compartment depth
-46" compartment height
-24" horizontal compartment height
B. Compartmentation - Street Side
-First Vertical (30") - 5 material hooks (1-3-1)
-Second Vertical (30") - 2 adjustable shelves with 5 adjustable dividers each
-Third Vertical (30") - 2 adjustable shelves with 5 adjustable dividers each
-Horizontal (54") - 8 adjustable dividers in compartment bottom
-Rear Vertical (24") - 5 material hooks (1-3-1)
C. Compartmentation - Curb Side
-First Vertical (30") - 5 material hooks (1-3-1)
-Second Vertical (30") - access steps to cargo area
-Third Vertical (30") - 2 adjustable shelves with 5 adjustable dividers each
-Horizontal (54") - 1 adjustable shelf with 8 adjustable dividers
-Rear Vertical (24") - 5 material hooks (1-3-1)
D. Features
-Full length shelf in top of street side compartments with rear drop door
-Wheel chock storage (2) each side in wheel wells
-16-gauge A60 double-sided galvanneal coated steel body exterior
-18/16-gauge A60 double-sided galvanneal coated steel door panels
-12-gauge treadplate floor
-12-gauge treadplate compartment tops
-Rotary door latches and full-length stainless steel rod door hinge
Quotation
62000137-1
Page 5 of 7
Qty. Description
-Chain stops on doors and includes automotive bulb-type door seals
1 Bridge frame and floor and installation of the subframe and outriggers.
1 Cab guard constructed of tubing and heavy duty expanded metal, painted white.
1 Master door rod lock system.
1 Tail shelf 30" long with 12-gauge treadplate top and smooth sides.
2 Grab handle for stair type side access steps.
4 Pool type pipe grab rail for tailshelf or rear of flatbed.
1 Rigid type perf-grip stirrup step.
2 Cable type gripstrut stirrup step.
1 Access steps to command post or platform.
4 Laminated wood outrigger pad 24" x 24" x 2-1/4" with rope handle and storage bracket.
4 Rubber wheel chocks with eye bolt.
1 DOT Inspection and set chassis parameters.
1 Remote engine stop/ start control from rear of vehicle.
1 Back-up alarm to sound when the vehicle is shifted into reverse.
2 Hour meter for power take off engagement time and engine hours.* One each.
1 One pair of mud flaps.
1 Wired-Rite system for chassis.
1 Push button throttle control installed at rear.
1 Peterson 7-lamp DOT Lighting Package:* Complies with FMVSS 108.
* Includes required lights, junction box, wiring harness and mounting light bar.
2 Preco 3414AQ amber strobe light with 4" lens, branch guard, and mounting bracket.
1 PSE AS850-H arrow directional light stick, 47" long, 8-lamp.
1 BP100A 15 ton pintle hook:* Safety chain eyes.* Chassis frame reinforcements.
1 Midland 6-prong trailer socket.
Quotation
62000137-1
Page 6 of 7
Qty. Description
1 Amerex 5-lb ABC fire extinguisher with bracket.
1 James King triangle reflector kit.
1 Orion flare kit with holder.
1 Bracket for storing grounding cable.
1 Ground Cable Black or Yellow 2/0:* 50' of multi-strand flexible copper cable, three grounding lugs and
grounding clamp.* Three point grounding system for grounding vehicle during work operations.
* Cable must be fully removed before use.
1 Paint line body and aerial device one color to match cab & chassis.
1 Paint body floor and compartment top with non-skid paint.
1 2007 F750 4X2 (Spec 37)
* Cat 7.2L 230HP @ 2,300 rpm 5401b.ft. @ 1,440.
*Allison 2500 RDS 5-speed automatic.
* 120" CA)19411 W B.
* 121000 lb front axle.
* 21,000 lb rear axle.
* 331000 lb GVWR.
* 130 amp 12 volt alternator.
* (2) 625 CCA batteries.
*AM/FM stereo.
*Air conditioning.
* Ford white paint.
* Air ride captains chairs for driver and passenger in lieu of bench seat
Grand Total: $1271400.00
Notes:
1. Prices are FOB Shipping Point, delivery prepaid and included.
2. Prices exclude any applicable taxes or license fees.
3. Federal Excise Tax has not been included. A current exemption/resale certificate must be on file and
provided with purchase order for tax exempt sale. Federal Excise Tax will be added if certificate is not
supplied with order.
4. Terms: Net 10 days with pre-approved credit.
5. Chassis pricing is based upon current model year production availability. Any Federal mandated costs,
such as 2007 emission requirements, will be passed on at cost.
6. Chassis payment is due upon chassis receipt at our facility.
7. Quotation good for 30 days. Contact us for a possible extension if required.
8. Delivery from receipt of order approximately 210 to 240 days.
9. Terex Telelect is ISO 9001:2000 Certified.
Terex Utilities, Inc. Accepted By:
Dustan Lukasik— Sales Coordinator
Quotation
62000137-1
Page 7 of 7
PO Number:
Account Manager—Jeff Surratt
Date:
T. E Q uotation
620000 7 3
R. ...................................
1 -.......
Page 1 of 8
�� ,, ° Attachment 2
142 Gembler Road, San Antonio, TX, 78219
Phone: 800-292-1931 Fax 210-224-6885
May 10, 2007
City of Denton
9 01-B Texas Street
Denton, TX 76201
Attention: Tom Shaw/City of Denton Phone: 940-349-7100 Fax: 940-349-7302
Reference: 61410546 Stock/Demo Unit Email: tom.shaw@cityofdenton.com
TXMAS Contract Number: TXMAS-7-23VO40 Unit Serial Numbers — DK31721/IN12954
Qty. Description
DERRICK
1 One (1) new Terex-Utilities Telelect Commander 4047 model hydraulic rotating digger derrick with a TM
winch.
Design Criteria:* Terex Utilities digger derricks are designed in accordance with current industry and
engineering standards applicable and accepted for structural and hydraulic design.
Elevation:* From +80 degrees above horizontal to -20 degrees below horizontal.
Pedestal And Turntable:* Square constructed pedestal has access holes for maintenance of hydraulic
plumbing. The turntable is fabricated from high-strength steel utilizing thick side plates and a single-
piece thick bottom plate. The bearing mounting surface is machined after welding to maintain a flat
bearing mounting surface. The boom to mast connection and lift cylinder to boom are equipped with
self-aligning steel ball bushings.
Dual Lift Cylinders:* Double-acting cylinders with chrome plated rods and integral holding valves.
Trapezoid mounting design offers greater boom support and stability providing less wear and longer life.
Either cylinder can hold the rated lifting capacity of the derrick.
Steel Main Boom Section:* The main boom section is a fabricated box utilizing high-strength steel
plates.
Steel Second Boom Section:* Fabricated box constructed of high strength steel. Powered by a double
acting hydraulic cylinder equipped with integral holding valves on both extend and retract ports.
Fiberglass Hydraulic Third Boom Section:
* Capable of lifting the hydraulic capacity of the derrick in all positions.
* Certified for rated line voltage up to and including 46 KV AC.
* Tapered non-metallic rollers mounted at the end of the second section support the fiberglass boom
under load minimizing scratches and abrasions. The sides of the fiberglass boom are supported and
guided by non-metallic rollers to prevent tracking.
Boom Interlock:* To operate the boom the outriggers must be extended.
Quotation
62000017-3
Page 2 of 8
Qty. Description
Continuous And Unrestricted Rotation:* Provided by worm gear drive through reversible hydraulic
motor. Worm gear drive powers a special design long life hardened "shear ball" ball bearing rotation
gear.
Hydraulic System:
* Tandem vane type high efficiency 3000 psi rated hydraulic pump providing 43.5 gallons per minute (at
2000 RPM and 2500 psi).
* 50 hydraulic oil reservoir includes 10 micron replaceable cartridge type return line filter mounted in
reservoir with bypass valve incorporated in filter to prevent restricted flow.
*A 100 mesh in screen in filter cap. A 40 mesh screen included in tank outlet. Shut off valve.
* Glycerin filled pressure gauge to monitor circuit pressures.
* Relief valves to protect the derrick circuits and digger-winch circuits.
* Hydraulic hoses are equipped with permanent type hose fittings.
Miscellaneous:
*A load chart stating actual lifting capacity considering all final options, chassis, body, outriggers, and
other fixed equipment with final readings based on completed unit stability is included.
*A boom-angle indicator and decal are mounted on each side of the main boom.
* The entire unit is painted with rust inhibiting primer.
* Two complete manuals providing operational and maintenance procedures, and a replacement parts
listing.
*Warning decals provided with unit.
Turret Winch Including Transferable Pole Buddy Assembly:
* 151000 lb. bare drum capacity worm gear winch equipped with adjustable brake mounted on the
derrick turntable. Equipped with flanged pole buddy transferable from 2nd section to 3rd section.
Bare Boom Lift Capacities:
* Boom Angle: Boom 2nd Boom 2nd and 3rd
Retracted Extended Extended
* Maximum Elevation 24630 17520 13280
* 10 Ft. Radius 11010 10020 9640
* 45 Degree Boom Angle 8450 5460 4050
* 0 Degree Boom Angle 5230 3180 2300
Sheave Height:
*With 2nd section extended, 38.6 ft. at maximum elevation.
*With 3rd section extended, 47.4 ft. at maximum elevation.
* Dimensions are based on a 40" chassis frame height.
Load Radius:
* 28.5 ft. from C/L of rotation, at 0 degree, 2nd section extended.
* 37.5 ft. from C/L of rotation, at 0 degree, 3rd section extended.
1 Pedestal:
* To work with up to 63.75" cab heights on over rear axle mounts and up to 56.75" cab heights on
behind cab units.
Quotation
62000017-3
Page 3 of 8
Qty. Description
1 Command Post With "EXCLUSIVE SINGLE STICK 7 Control:
* Control allows one hand to operate three functions: rotation, boom elevation, and section boom
extension.
* Third section boom extension and other functions have individual controls.
* Glycerin filled pressure gauge is provided to monitor system pressure.
* Permanent type control decals are provided.
*Adjustable cushioned operator seat is provided as standard and includes side rails.
* Hydraulic foot throttle.
* Command post access step and hand rail installed.
1 Remote Sensor Bracket:* Bracket to be used with the Williams remote sensor. Installed to supply
sensor to work with truck engine.
1 Stop /start at command post.
1 HOSE AND FITTINGS
1 Boom rest for digger derrick.
1 PUMP
60 Fill of hydraulic oil and lubricants.
1 121000 ft-lb Two Speed Digger With Hydraulic Shift (ESK 76BA):
* Planetary gear drive powered by reversible hydraulic motor:
* 60" long x 2-5/8" hex auger shaft with auger adjustment holes.
* Digger hanger is box section and is equipped with a transfer protection system, auger storage bracket
with self latching auger catch, hydraulic auger release, and auger roll-up cable.
* The auger bracket stores up to a 24" diameter auger, in the standard position.
* Telescopic trombone tube is provided to shift the two-speed digger hydraulically.
* Digger storage protection system to protect the auger storage cable from damage caused by over-
winding. Oil from the digger system is returned to tank before the cable is over-stressed.
1 Texoma 18 TXC104-48 auger 18" with carbide blade teeth, 5/16" flighting and 2-5/8" hex bushing.
1 Texoma TCX50C carbide auger pilot bit in lieu of steel.
1 Tilt Pole Plummer For Transferable Pole Buddy:
* Unique circular design arms handle poles up to 23 in. diameter with the tips touching.
* Hydraulic cylinders equipped with holding valves operate the tilt and open/close on pole plummer
arms.
* Pole plummer hoses are contained in a chain type carrier, installed on the side of the boom.
* Transfers from the end of the second section to the end of the third section and vice versa.
* The pole plummer is installed on the transferable pole buddy flange assembly.
1 Tilt Pole Plummer Interlock For Transferable Pole Plummer:
* Protects both the tilt pole plummer and the boom from accidental damage caused by extending the
Quotation
62000017-3
Page 4 of 8
Qty. Description
third section boom while the tilt pole plummer is on the second section and tilted downward. Includes
actuating plunger and two poppet valves.
1 Hydraulic Overload Protection For Rotation, 2nd Section, 3rd Section, Winch, Digger Dig & Boom
Down:
* Helps prevent damage to derrick when overloads occur. These systems leave operational those
functions necessary to eliminate the overload condition until it is relieved.
* The system is fully automatic relative to the operation and re-set functions.
1 Flow divider for tamp and pole puller.
1 Hose group for over-rear-axle or corner mount units (shipped loose):
*Consists of suction hose, return line, pressure line, and fittings.
1 Power take off with indicator light.
1 Electrical mini-box system.
1 Electric collector ring 4-conductor.
1 Full length sub-frame for 120" CA chassis and tie down kit.
1 Extra Heavy Duty A-frame Outriggers:
* Hydraulic double acting outriggers including integral holding valves.
* 146.7 " spread pin to pin and 157.5 " to outside of pads at 9.6 " penetration and 40 "frame height.
* 13 " x 12 " swivel type stabilizer pads.
1 Heavy Duty A-Frame Outriggers:
* Hydraulic double acting outriggers including integral holding valves.
* 144.4 " spread pin to pin and 155.9 " to outside of pads at 8 " penetration and 42 " frame height.
* 13 " x 12 " swivel type stabilizer pads.
1 Controls For 2-Sets Of Outriggers And Auxiliary Tool Outlets Below Rotation (Diggers):
* Recessed at rear of truck each side for ease of view for outrigger placement.
* Includes switches and alarm for outrigger in motion alarm.
1 100' x 1" Spectron I I rope with eye in one end.
1 Gunnebo Johnson 7JH swivel hook.
1 Two part line attachment.
1 Hannay spring loaded hydraulic hose reel with 4-way roller assembly.
1 Dual Hose Assembly For Hose Reel:
* 50' of 1/2" 1 D hose
* Parker HTMA male and female flush faced couplers and dust covers.
* Installed on hose reel with ball stop.
Quotation
62000017-3
Page 5 of 8
Qty. Description
UTILITY BODY
1 Flatbed, 12-ft heavy duty with 12-gauge tread-plate deck.
1 T40 Transverse Saddle Compartment: 40" wide x 48" high x 94" across with 24" deep compartments.
A. Compartmentation - Curb Side
-1 fixed thru shelf in forward portion above material drawers
-1 pull out drawer in forward portion, 4" D x 42" L, adjustable dividers on 6" centers
-2 pull out drawers in forward portion, 6" D x 42" L, adjustable dividers on 6" centers
-Pull out tool board in rear potion
B. Compartmentation - Street Side
-4 fixed material hooks (2-0-2)
C. Features
-Tie rail on three sides.
-Double overlapping doors equipped with door chains.
-16-gauge body materials, 12-gauge compartment top.
-Rod and socket door hinge.
-Slam action paddle type door latches.
-Chain stop on doors.
-Automotive bulb type weather stripping.
2 Compartment With Side Drop Down Door:* 12-gauge tread-plate top.* 18"W x 18"H x 36"L.
* Equipped with rotary paddle latch and chain stops.
1 ICC rear bumper.
2 Rigid type perf-grip stirrup step.
4 Laminated wood outrigger pad 24" x 24" x 2-1/4" with rope handle and storage bracket.
4 Rubber wheel chocks with eye bolt.
1 DOT Inspection and set chassis parameters.
1 Push button throttle control installed at rear.
1 One pair of rubber dock bumpers at rear.
1 Back-up alarm to sound when the vehicle is shifted into reverse.
1 One pair of mud flaps.
1 Wired-Rite system for chassis.
2 Preco 3414AQ amber strobe light with 4" lens, branch guard, and mounting bracket.
Quotation
62000017-3
Page 6 of 8
Qty. Description
1 Peterson 9-lamp DOT Lighting Package:
* Complies with FMVSS 108
* Includes required lights, junction box, wiring harness and mounting light bar.
1 BH82000 Combination Pintle Hook And 2 5/16" Ball:* Safety chain eyes.* Chassis frame
reinforcements.
1 Midland 7-prong trailer socket.
1 Orion flare kit with holder.
1 James King triangle reflector kit.
1 Amerex 5-lb ABC fire extinguisher with bracket.
1 Bracket for storing grounding cable.
1 Ground Cable Black 2/0:
* 50' of copper cable, three grounding lugs and grounding clamp.
* Three point grounding system for grounding vehicle during work operations.
* Cable must be fully removed before use.
1 Paint flatbed, derrick, and saddle compartment one color to match cab & chassis.
1 Paint body floor with non-skid paint.
1 Possum belly door at rear.
1 Cab guard constructed of tubing and heavy duty expanded metal, painted white.
1 PSE AS850-H arrow directional light stick, 47" long, 8-1amp.
2 Pole rack on street side with two ratchets and 2"wide webbing tie down straps to secure pole.
1 Boom rest on top of cab guard.
1 2007 Ford model F750 cab & chassis
33,000 GVWR
121000 lb front axle
21,000 lb rear axle
Diesel Engine Caterpillar (7.2L) C7 230 HP
Allison 2500 RDS on/off Transmission
120 Cab to Axle, 194 Wheel Base
Air Brakes
Air Conditioning
Battery system, 1250 CCA, with 130 AMP alternator, 12V
AM/FM Radio
45 Gallon fuel tank
Quotation
62000017-3
Page 7 of 8
Qty. Description
Front bench seat-full width
Front tow hooks
11 R22.5G Michelin XZE front tires
11 R22.5G Michelin XDE M/S rear tires
Painted white
1 Install expanded metal side rails on flatbed removable at the rear of the flat bed.
1 Air ride captains chairs for driver and passenger.
Grand Total: $130,557.00
Notes:
1. Prices are FOB Shipping Point, delivery prepaid and included.
2. Prices exclude any applicable taxes or license fees.
3. Federal Excise Tax has not been included. A current exemption/resale certificate must be on file and
provided with purchase order for tax exempt sale. Federal Excise Tax will be added if certificate is not
supplied with order.
4. Terms: Net 10 days with pre-approved credit.
5. Chassis pricing is based upon current model year production availability. Any Federal mandated costs,
such as 2007 emission requirements, will be passed on at cost.
6. Quotation good for 30 days. Contact us for a possible extension if required.
7. Delivery from receipt of order approximately 240 to 270 days.
8. Chassis requires clean frame rails, side and top. Relocation of chassis components, to facilitate equipment
installation, will be in addition to above quoted price.
9. Trade-in conditions:
a. Trade-in becomes a part of this contract with acceptance of this quotation unless otherwise agreed.
b. Trade-in shall be maintained in a condition consistent with that at time of bid. Normal wear and tear
is expected. Vehicle must meet all DOT requirements at time of delivery including but not limited to:
tires, brakes, lighting, glass, etc.
c. All accessories shall remain with unit unless agreed upon at time of evaluation.
d. Trade-in, title and unit operation, maintenance, and parts manual shall be transferred at time of new
unit delivery.
e. We reserve the right to adjust our trade-in allowance if these conditions are not met.
10. Terex Telelect is ISO 9001:2000 Certified.
Terex Utilities, Inc. Accepted By:
Dustan Lukasik — Sales Coordinator
PO Number:
Account Manager— Jeff Surratt
Quotation
62000017-3
Page 8 of 8
Date:
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD
SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF TWO 55' AERIAL DEVICE
BUCKET TRUCKS AND ONE HYDRAULIC ROTATING DIGGER DERRICK TRUCK AS
AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION
CONTRACT TXMAS-7-23V040; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3724-HEAVY SERVICES
TRUCKS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO GRANDE TRUCK CENTER
IN THE AMOUNT OF $385,357 ).
WHEREAS,pursuant to Resolution 92-019,the State Purchasing Building and Procurement
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials,equipment, supplies or services in accordance with the procedures of state law on behalf of
the City of Denton; and
WHEREAS,the City Manager or a designated employee has reviewed and recommended that
the herein described materials,equipment, supplies or services can be purchased by the City through
the Building and Procurement programs at less cost than the City would expend if bidding these
items individually; and
WHEREAS,the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the
office of the Purchasing Agent, are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3724 Grande Truck Center/ $385,357
Terex Utilities
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders,the City accepts the offer of the persons submitting the bids to the Building
and Procurement Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement Commission,the City Manager or his
designated representative is hereby authorized to execute the written contract 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 Building and Procurement Commission,
quantities and specified sums contained in the City's purchase orders,and related documents herein
approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids,the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
4-ORD-File 3724
I DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 May 3 0, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Wednesday, May 30, 2007 at 9:05 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson
11 and John Baines (arrived at 9:24 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager, excused
15 Howard Martin, ACM Utilities
16
17 Absent: Bob Bland, excused
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 Detailed information is attached to each Consent Agenda item. This listing is provided on the
23 Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
24 approval of the Consent Agenda.
25
26 1) Consider recommending adoption of an Ordinance awarding a contract under the Texas
27 Multiple Award Schedule (TXMAS) program for the purchase of two 55' aerial device
28 bucket trucks and one hydraulic rotating digger derrick truck as awarded by the State of
29 Texas Building and Procurement Commission contract TXMAS-7-23V040; providing for the
30 expenditure of funds therefore; and providing an effective date (File 3724-Heavy Services
31 Trucks for Denton Municipal Electric awarded to Grande Truck Center in the amount of
32 $385,354).
33
34 2) Consider approval of an ordinance accepting competitive bids and awarding contracts for the
35 purchase of temporary employment services to the Solid Waste Department.
36
37 Board Member Dick Smith moved to approve Item 1 and 2 with a second from Board
38 Member Phil Gallivan. The motion was approved by a 5-0 vote.
39
40 The meeting was adj ourned by consensus at 11:3 0 a.m.
41
AGENDA INFORMATION SHEET
AGENDA DATE: June 5,2007
DEPARTMENT: Transportation
ACM: Howard Martin,349-823
SUBJECT
Consider approval of a resolution authorizing the City Manager to execute an agreement between
the City of Denton and the Texas Commission on Environmental Quality (T.C.E.Q.) granting a
license to the Texas Commission on Environmental Quality for an air pollution monitoring
station; and declaring an effective date. Airport Board recommends approval (6-0). The
Mobility Committee recommends approval (3-0).
BACKGROUND
On May 20 1997, the City Council adopted a resolution authorizing the City Manager to enter into
a lease agreement with the Texas Commission on Environmental Quality (TCEQ) formerly known
as the Texas Natural Resource Conservation Commission. The lease granted access to
approximately 1,200 square feet of airport property located on the southeast quadrant of the
airport. The parcel is being utilized as an air quality reporting station for the Denton area.
The lease expired on April 30, 2007 and there is no automatic renewal clause in the lease
agreement. Airport Management has met with TCEQ and discussed renewing the lease at the
current site for the period of one year. This will allow staff the opportunity to review alternative
sites on the airport that would reduce impact on future hangar development opportunities before
entering into along-term lease agreement. This issue will be addressed during the update of the
Airport Layout Plan, which will be initiated in the next six to eight months.
PRIOR ACTION/REVIEW
Airport Advisory Board recommended approval 6-0. The Mobility Committee recommends
approval (3-0).
ESTIMATED SCHEDULE OF PROJECT
Lease will be retroactive to May 1, 2007.
FISCAL INFORMATION
The lessee agrees to pay the City under the same fee structure as the previous lease the sum of
one dollar ($1.00) as consideration for use of the airport property.
EXHIBITS
1. Resolution
2. Lease Agreement
3. Draft Minutes Airport Advisory Board
4. Draft Minutes Mobility Committee
Respectfully submitted:
Mark Nelson
Chief Transportation Officer
Tim E. Whitman
Airport Manager
sAour do um nt lr solutions\ ?ltoeq air pollution monitoring station.do
Exhibit 1
RESOLUTION ISO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS COMMISSION N
ENVIRONMENTAL QUALITY T.C.E,Q. xRANTING A LICENSE TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY T.C.E.Q. FOR AN AIR POLLUTION
MONITORING ST TI N; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Manager is authorized to execute an agreement between the City
of Denton and the Texas Commission on En irornental Quality T.C,E.Q, � a copy of which
agreement is attached hereto and incorporated herein by reference.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 52007.
PERRY R. Mc1 EILL, MAYOR
ATTEST;
JENNIFER'SALTERS, CITY SECRETARY"
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SN YI ER, CITY ATTORNEY
.Y
BY
s:lour do cu mentsl o nt racts\07\tce q air pollution monitoring s tat ion.do
Exhibit 2
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF DENT ON
The City of Denton, a municipal corporation in Denton County, Texas, acting herein by and
through its duly authorized City Manager, hereinafter called "City" and Texas Commission on
Environmental Quality T. .E.Q. , an agency of the State of Texas, acting herein by and through its
duly authorized Regional Director, hereinafter called "T.C.E.Q. or Licensee", hereby make and
enter into the following agreement.
I.
City hereby grants unto Licensee a revocable license and privilege to use and occupy
parcel of land, a part of Denton Municipal Airport in Denton, Denton County, Texas, as shown on
the attached Exhibit"N"which is hereby incorporated herein by reference and made a part hereof.
IL
The terra of this agreement shall be one 1 year beginning on May 1, 2007 and ending on
April 30, 2008, and may be renewed for one additional one 1 year tern upon the written approval
of both parties. Either the City or Licensee shall have the right to cancel this agreement by
delivering written notice of such cancellation thirty 30 days before the effective date of such
cancellation to the other party listed below:
LICENSEE: Tony L. Talker, Regional Director
Texas Con mission on Environmental Quality
2309 Gravel Drive
Fort Worth, Texas 76118
CITY: George Campbell, City Manager
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
Licensee recognizes that the City of Denton reserves the right to develop any and all land on
the Airport. The City will not be held liable for the effects of current or futuxe development which
may cause the inaccuracy of the Air pollution Monitoring Station.
Iv.
Licensee agrees to use the said land only for an air pollution monitoring station. Licensee
recognizes that said lard is part of the Municipal Airport of the City of Denton and agrees that any
improvements erected or installed and all activities conducted thereon shall be in strict compliance
FROM DENTON AIRPORT FAX NO 9403497285 May 29 2007 03 17PM P2
r
with all regulations and requilrments of the Federal Aviation Admitusmiar► and ail applicable
fedcral state and 10001 laws statutes charteis and ardmanCes
V
I C E Q acknowledges that it is nuk aul agent servant or employee of the Gary and that it is
icsponsible to the extent piovsded by the Texas Toff Cleams Act for its own acts and deeds and for
those of its agents servants or employees durin6 the term of this jlLense `
vi
Licensee agrees to day the City as consideration for the use of said land the sum of One
Dollar($100)per year the rccoupt and suITIciency of which is hereby acknowledged
EXLGUTED At Denton Denton County Texas 63 the � dY of
2007
CITY OF DEN'ION TEXAS TFXAS COMMISSION ON
� I NVIRaNMLNTAL QYJ'ALITY
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13Y T
BY E
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GEORGE C CAMPBELL 1 ON L WALKER �
CITY MANAOLR REGIONAL nIRILCTOR
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ATTEST Al TFST
� JENNIFER WALTERS CITY SFCRh 1 AR'Y
BY BY �
! APPROVED AS r4 LI'GAL FORM
EDVV'[N M SNYDLR CITY ATTORNEY
BY �
Page 2 of 3 �
TCEO DFW E I 1-ADS!I Fax:817-588-5704 Apr 11 2007 04:02pm P005/005
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Exhibit 3
1 DRAFT MINUTES
2
3 AIRPORT ADVISORY BOARD MINUTES
4 MAY 29 2007
5
6 After determining that a quorum was present, the Airport Advisory Board convened for a Regular
7 Meeting on Wednesday, May 2, 2007 at 5:32 p.m. in the Denton Civic Center Building in the
8 Community Room at 321 East McKinney, Denton, Texas.
9
10 BOARD MEMBERS PRESENT: Vice Chairman Dr. Smith, Mr. Brewer, Mr. Brown, Mr. Clark, Mr.
11 Eames, and Dr. Kristoferson
12
13 BOARD MEMBERS ABSENT: Chairman Woolfolk with an excused absence
14
15 STAFF MEMBERS PRESENT: Tim Whitman, Airport Manager, Julie Mullins, Aviation Assistant
16
17 PUBLIC PRESENT: Jeff Soules, U.S. Aviation Group
18
19
20 ITEMS FOR INDIVIDUAL CONSIDERATION
21
22 IV. Receive a report, hold a discussion and consider a recommendation to the City Council to adopt a
23 Resolution authorizing the City Manager to execute a Lease Agreement between the City of
24 Denton and the Texas Commission on Environmental Quality.
25
26 Mr. Whitman reported that a lease between the City of Denton and Texas Commission on
27 Environmental Quality is due to expire May 20 2007. Mr. Whitman stated that the lease was
28 originally executed in 1997. The lease site is located behind John Vann's newly constructed
29 hangar located off of Lockheed. The site houses an Air Quality Monitoring Station. Mr.
30 Whitman stated he had a received a call from TCEQ stating that they would like to relocate the
31 equipment somewhere else on the airport property. After looking at the lease, staff discovered
32 the lease, Mr. Whitman's recommendation is to enter into a one year lease agreement with
33 TCEQ and work with the airport engineers over the next year to find a suitable permanent place
34 on the airfield and then negotiate a long term lease agreement with TCEQ.
35
36 Mr. Brewer asked if the Air Quality Monitoring Station has to be located on the airport or can
37 TCEQ look at other sites located within the County. Mr. Whitman stated that it is his
38 understanding that it has to be within the City of Denton.
39
40 A motion was made by Bob Eames to provide a recommendation to the City Council to adopt a
41 Resolution authorizing the City Manager to execute a Lease Agreement between the City of
42 Denton and the Texas Commission on Environmental Quality for one year and the Airport
43 Manager to work with the appropriate individuals to find a suitable long term lease site. Dr. Smith
44 seconded the motion.
45
46 Motion carried 6-0
47
Exhibit 4
1 DRAFT MINUTES
2 City Council Mobility Committee
3 Tuesday, May 29, 2007
4
5
6
7 After determining that a quorum of the Mobility Committee of the Denton City Council was
8 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday, May
9 29, 2007 at 2:00 p.m. in the City Council work session room, 321 E. McKinney Street, Denton,
10 Texas:
11
12 Present: Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
13
14 Also Present: Howard Martin, ACM/Utilities
15 Jim Coulter, Director of Water Utilities
16 Mark Nelson, Chief Transportation Officer
17 Frank Payne, City Engineer
18 Tim Whitman, Airport Manager
19 Brian Lockley, Interim Director, Planning and Development
20 Ron Menguita, Planner III
21 John Polster, ITS
22 Scott Neely, Vice President Operations, DCTA
23 Ann Forsythe, Boards and Committees Coordinator
24
25 3) Receive a report, hold a discussion and consider a recommendation to City Council on the
26 approval of a resolution authorizing the City Manager to execute an agreement between the
27 City of Denton and the Texas Commission on Environmental Quality (T.C.E.Q.) granting a
28 license to the Texas Commission on Environmental Quality for an air pollution monitoring
29 station; and declaring an effective date. Airport Board recommends approval (6-0).
30
31
32 Tim Whitman, Airport Manager, stated that the lease with TCEQ expired on April 30, 2007 and
33 that this ordinance would extend the lease for a period of one year. Staff wanted the opportunity
34 to review alternative sites on the airport that would reduce impact on future hangar development
35 opportunities before entering into a long-term lease agreement.
36
37 Mayor Perry McNeill moved to approve with a second from Council Member Bob
38 Montgomery. The motion was approved by a 3-0 vote.
39
40 The meeting was adjourned by consensus at 3:30 p.m.
41
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and South Ridge Recreation Club for the enhancement and beautification
of the fence line around the swimming pool; providing for the expenditure of funds therefore;
and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $200 from Mayor Perry McNeill's Council
Contingency Fund. Key provisions of the agreement include:
■ Funds shall be used for the enhancement and beautification of the fence line around the
swimming pool.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from Mayor McNeill's contingency fund account.
Respectfully submitted:
rW
_1
F4
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
sAour documentslordinanc sl07\ouch ridge rec ord-doc
ORDINANCE loo.
AN ORDINANCE OF THE CITY OF DEN TON I AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENT N, TEXAS AND SOUTH RIDGE RECREATION CLUB FOR THE
ENHANCEMENT AND BEAUTIFICATION OF THE FENCE LINE AROUND THE S
POOL;PROVIDING FOR THE EXPE IDITURE OF FLT DS THEREFORE;AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the South Ridge Recreation Club (the " rgani ation") offers its s inuning
pools to be open to residents of Denton upon payment of membership fees (the"Progra&'); and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
agreement between the City and the organization attached hereto and made a part hereof by
reference (the "Agreement") serve a. municipal and public pose including recreational
opportunities for the residents of Denton and the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL of THE CITY OF DENT ON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,including
the expenditure of ftmds as provided ire the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
i
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER.WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
EDIT M. S R, CIT TTORNEY
BY.
:Wo u eats and s e ttingskI wolfeklo al settin g ltemplsouth ridge ration club agrmttdo
SERVICE AGREEMENT
BETWEEN THE CITY of DE TON,TEXAS AND
SOUTH RIDGE RECREATION CLUB
This Agreement is hereby entered into by and between the City ofDenton,Texas,a Home Rule
Municipal Corporation,hereinafter referred to as"City",and South Ridge Recreation Club,a non-
profit organization,hereinafter refeffed to as "Organization";
WHEREAS., City has determined that the Organizations will perform an -important public
service for the residents of Denton without regard to race,religion, color,age or national origin by
rain its Swimming pools open to the public for use by the residents of Denton;
No's, THFREFORE, the parties hereto mutually agree as follows:
Ii SCOPE of SERVICES
Organization shall.in a satisfactory and proper manner perform the following task,for which
the monies provided by City may be used: Enhancements and beautification ofthe fence line around
the swimming pool which includes mulching g and edging. The enhancement and beautification of the
fence lire will promote the public's use of the swimming pool. (The swimming pool shall be open
to the public for use by residents of Denton for a period of not less than five years upon payment of
membership fees, Such fees shall be no greater than the fees charged other members of the
Organization.)
lI:OBLIGATIONS of ORGANIZATION
In considertion of the receipt of funds from City,organization agrees to the following terns
and conditions:
A. The fuuids provided for in this agreement shall only he expended for the purposes set forth
in Article i above, subject to Section W.A. and for no other purpose, 4
B. The Organization shall expend the funds in a manner that will allow for a tracing of fu ds
and a review of the specific expenditures for which the funds were utilized.
C. The organization shad permit authorized officials of City to review its books at any time.
D. The(�4 g nization will reduce to writing all of its rules,regulations,and policies and file a
copy with City Manager's office along with any amendments, additions, or revisions whenever
adopted.
The o•ganization shall not eater into any contracts that would encumber City funds for
period that would extend beyond the team of this Agreement.
:Wocuments and s ttings11 wo IMAIocal settin gsVem&outh ridge r creation club agrnit.do
F. As finds are expended, the Organization shall provide documentation in the form of
cancelled checks and corresponding receipts detailing expenditure.
G. The organization shall appoint a representative who will he available to meet with City
officials when requested.
H. The Organization shall indemnify and hold harmless City from any and all claims and
suits arising out of the activities of Organization, its employees,and/or contractors.
1. The Ork ani ation shall submit to City copies of year-end audited financial statements.
III.TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
Poll Ong time frame:
The term of-this Agreement shah commence on the effective date and tenninate September 3 o,
200 7, unless the contract's sooner terminated under Section VI1 "Suspension or Termination".
IV.PAYMENTS
A. PAYMEKCS To ORGANIZATION. City shah pay to the Organization the sum of 200.00 to be
used solely for thc� purposes set forth in Section f above.
B. ExCESS PAYMENT. Organization shall refund to City within ten(1 0)working days of City's
request, any sung of money which has been paid by City and which City at any time thereafter
determines:
l has resulted in overpayment to Organization; or
2) has not'been spent strictly in accordarc.c with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure.
C. DEOB {IG T ION OF FUNDS/REVERSION OF ASSETS. In the event that actual
expenditures deviate from Organization's provision of a corresponding level of performance City
hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds
that Organization is unwilling and/or unable to comply with any of the terms of this Agreement,City
may require a refiind of any and all money expended pursuant to this Agreement by Organization,as
well as any remaining unexpended funds which shall be refunded to City within ten working days of
a written notice to Organization to revert these financial assets. The reversion of these financial
assets shall be in addition to any other remedy available to City either at law or in equity for breach
of this Agreement.
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AGREEMENT LOSE OUT. Organization shall submit the Agreement close out package to
City, together with a final expenditure report, for the time period covered by the last invoice
representing final expenditure of funds under this Agreement, within fifteen 1 working days
following the close of the Agreement period. organization shall utilize the form agreed upon by City
and Organization.
V. EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby the
services can be continuously monitored. Organization agrees to tale available its financial records
for review by City at City's discretion. In addition,organization agrees to provide City the follo
:Wo uni nts and se tingsllwol ellocal settin temp\outh ridge recreati on el uh ag mt.doo
Minute of a l I meetings of Organization's governing body shall be available to City within ten
(10) working days of approval.
`III. SUSPENSION OR TERA41NATION
A. The City may terminate this Agreement for cause if the Organization violates any
covenants,agreements,or guarantees of this Agreement,the Organization's insolvency or filing of
bankruptcy,dissolution, or receivership,or the organl atioWs violation of any lave or regulation to
which it is bond under the terms of this Agreement. The City may terminate this Agreement for
other reasons not-specifically enumerated in this paragraph.
B. The City may terminate this Agreement for convenience at any time. If the Ci terry ates
this Agreement for convenience,Organization will be paid an amount not to exceed the total amount
of accrued expenditures as of the effective date of termination. In no event will this compensation
exceed an amount'. that bears the sane ratio to the total compensation as the services actually
perfornned bears to the total services of Organization covered by the Agreement, less payments
previously made.
In case of suspension,City shall advise orga tion,in writing,as to conditions precedent to
the resumption of-ffinding and specify a reasonable date for compliance.
'in case oftermination,Organization will remit to.City any unexpended City funds. Acceptance
of these funds shaII not constitute a.waiver of any clairn City may otherwise have arising out of this
Agreement.
V111. E L OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. Organization will furnish all information and reports requested by City,and will permit
access to its books,records,and accounts for purposes of inve stigation to ascertain compliance Wi ith
local, State and Federal rules and regulations.
C. In the event of Organization's non-compliance with the non-diseri ination requirements,
the Agreement may be canceled,terminated,or suspended in whole or in part,and orga ' ation may
be barred from further contracts with City.
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IX. WARRANTIES
ORGANIZATION.RATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and
furnished to City,are complete and accurate as of the date shown on the information,data,or report,
and', since that date, have not undergone any significant change without written notice to City.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial condi
cAmuments and s tti s\IwoI feNI ocal sett in
gAftln p1uth rye remtioll cl ub art.do
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
D. Organization agrees to notify City of any proposed change in physical location for
work performed under this Agreement at least thirty calendar days in advance of thechange.
E. Organization shall notify City of any changes In personnel or governing board
composition.
F. it its expressly understood that the transfer offends between or among programs of the
Organization will not be permitted.
X. INDEMNIFICATION
A. It is expressly understood and agreed by both pares hereto that City is
contracting with organization as an independent contractor and that as such, Organmation
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 of any character'whatsoever resulting In whole or In
part from the performance or omission of any employee, agent or representative of
Organization,
Organization 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 or employees.
XIi. CONFLICT INTEREST
A. Organi zation covenants that neither It not 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. Organization further covenants that in the
performance of th is Agreement,no person having such interest shall be employed or appointed as a
member of its governing body.
B. Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use,his her position for a purpose that is
or gives the appearance of being motivated by desire for private gain for himself/herself,or others;
particularly those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation,partnership,or association in which he has direct
or indirect interest.
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XIII. NEPOTISM
Organization. shall not employ In any paid capacity any pexson who is a member of the
immediate family of any person who is currently employcd by Organization, or i
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D, This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in meting, and if
appropriate, recorded as an amendment of this Agreement.
E. In ihe event any disagreernent 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, laves, ordinances, or regulati
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:ldocuments and sett 1ngs�lwolffilo al setti gsVemplsouth ridge recreation club agrmt.do
SOUS RIDGE RECREATION CLUB
Y:
1r1 Wolfe
Sponsor Chair
ATTEST:
Y:
ORGANIZATION SECRETARY
AGENDA INFORMATION SHEET
AGENDA DATE: June 5,2007
DEPARTMENT: Human Resources
ACM/CM: George C. Campbell
g p
SUBJECT
Consider approval and take action on an ordinance appointing Steve Shepherd as Internal
Auditor, approving an employment agreement, authorizing the Mayor to execute this agreement
employing Steve Shepherd, and setting the compensation and terms of that employment;
authorizing expenditures and actions; and providing an effective date.
BACKGROUND
At the May 15, 2007, City Council meeting, Council member Jack Thomson, as chair of the
CAPR committee, announced Steve Shepherd as a finalist for the Internal Auditor position. This
announcement was made as a result of a search process that began in February of 2007. During
this meeting, Thomson also reviewed proposed compensation and terms of employment with the
Council. After a brief discussion and review of Shepherd's resume, the Council authorized the
CAPR committee to move forward with the selection process on behalf of the entire Council.
PRIOR ACTION/REVIEW
The CAPR committee met with Steve Shepherd on April 30, 2007.
FISCAL INFORMATION
Proposed salary and benefits are included in the employment agreement.
Attachment:
Ordinance
Employment Agreement
Respectfully submitted:
Carla J. Romine
Director of Human Resources
1
sAour documentslordinan es\071 h ph rd-appt ordinan e.do
ORDINANCE NO.
AN ORDINANCE APPOINTING STEVE SHEPHERD AS INTERNAL A
APPROVING AN EMPLOYMENT AGREEMENT, AUTHORIZING THE MAYOR TO
EXECUTE THIS AGREEMENT EMPLOYING STEVE SHEPHERD AND SETTING THE
COMPENSATION AND TERMS OF THAT EMPLOYMENT; AUTHORIZING
INS
EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
and WHEREAS, the Internal Auditor has been under the supervision o �the City Manager;
WHEREAS, the City Charter was amended on November 7. 2006 which was approved
by the City Council by Ordinance No. 2006-232 declaring that the City Auditor shall be
appointed by the City Council; and
WHEREAS, the City Council Appointee Performance Review Committee has
recommended that the City Council appoint Steve Shepherd as Internal Auditor and that he be
employed mn accordance with the terms of the Employment Agreement, which is attached to and
made a part of this rdinanee for all purposes;_NOW, THEREFORE,,
THE CITY COUNCIL of THE CITY OF DENTON HERE13Y ORDAINS
SECTION 1. The City Council hereby appoints Steve Shepherd as Internal Auditor and
approves the attached Employment Agreement employing Steve Shepherd as Internal Auditor
and authorizes the Mayor, or in his absence the Mayor Pro Tens, to execute this Employment
.Agreement setting the terms of employment, compensation, and duties of the Internal Auditor.
SECTION 2. The expenditures and all other actions set forth in the Agreement are
hereby authorized and approved.
SECTION 3.. This Ordinance shall become effective immediately upon its passage and
approval.
p p g
PASSED AND APPROVED this the day of 2007.
PERRY R. McN EII.L, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRE"T"ARY
Y:
. J sAour documents lotdinanees\07lshepherd-appt ordin nee.doe
APPROVED AS TO LEGAL :
EDWIN M. SNYDER., CITY AT T BEY
Y
Page 2 of 2
sAour docurrmentslcon#ra ts1071sheph rd-employment agreement.doc
STATE OF TEXAS
COUNTY F DENTON
Employment
This Agreement, made and entered into this day of 2007 by and between the
City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Steve
Shepherd, hereinafter called"Employee",Both of whom agree as follows:
wInfth,
Whereas, Employer desires to employ the services of said Steve Shepherd as Internal Auditor of
the City of Denton as a City Council Appointee; and
Whereas, it is the desire of Employer to 1 secure and retain the services of Employee and to
provide inducement for him to remain in such employment, 2 to make possible fall work
productivity by assuring Employee's morale and peace of mind with respect to future security,
are to act as.a deterrent against malfeasance or dishonesty for personal gain on the p art of the
Employee; and
Whereas, Employee desires to accept employment Internal Auditor of said City of
i ty Denton,
Texas as a City Council Appointee; and
Whereas, the parties acknowledge that Employee is a member of the Institute of Internal
Auditors (HA) and that Employee is subject to the IIA Code of Ethics;
Now, therefore, in consideration of the mutual covenants-herein contained, the parties agree as
follows:
SECTION 1. DUTIES
Employer hereby engages the employment services of Steve Shepherd as Internal Auditor of said
Employer to perform the functions and duties specified by the Denton City Charter, the City
'ode, the laws of the State of'Texas, and all other applicable laws, and as outlined in the City of
Denton job description as it now exists or as it may exist with future modifications by the City
Council, and to perform other legally pernnsslhle and proper duties and functions as Employer
er
. p y
shall from time to time assign.
SECTION 2. TERM
A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
Employer to terminate the services of Employee at any time, subject only to the
provisions set forth in Section 4,paragraphs A and B of this agreement.
B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with the Employer, subject only to the
provision set forth.in Section 4,paragraph C, of this agreement.
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sAour do umentslcontr t 1 71 h ph rd-employment a► reement.do
C. Employee shall assume the duties of a City Council appointed Internal Auditor on June
18, 2007 and agrees to remain in the exclusive employ of Employer until Jana 1
X01 �
, and neither to accept other employment nor to become employed by any other
employer until this agreement is terminated by either party as provided herein. This
agreement shall automatically renew for successive one year terns unless Employer
gives Employee at least 30 day written notice of termination prior to such one year
extension. The torn employed shall not be construed to include occasional teaching,
writing, or consulting performed on Employees time off, so long as it is approved in
accordance with Section 8 hereof.
SECTION 3. SUSPENSION/REMOVAL
Subject to the provisions of Section below, Employer may suspend or remove the Employee
with or without full pay and benefits at any time during the terra of this Agreement,but only if
1 r Employer and Employee agree, or
2. At least 30 days before the suspension or removal shall become effective, the City
Council shall by a rnajonty vote of its members adopt a preliminary resolution
stating the reasons for his removal. Employee may reply in Ming and may
require a hearing at a public meeting of the Council, which shall be held not
earlier than 20 days nor later than 30 days after the filing of such request. The
hearing may be held in executive session, at the option of the Council, unless
Employee requests the hearing be held in open session m accordance with Tex.
Gov't Code §551-074. Pending such hearing, the Council may suspend Employee
from duty, but may not suspend or reduce his salary. After such hearing or public
hearing, if one be requested., and after Bill consideration, the Council by majority
y
vote may adopt a final resolution of removal or suspension.
SECTION . SEPARATION AND SEVERANCE PA
A. Employee serves at the will and pleasure of the City Council. In the event of his
involuntary separation as Internal Auditor, he shall be entitled to receive a lure ng
p sum
payment equal to six months aggregated salary; provided, however, that in the event of
his.termination because of his conviction for any offense involving oral i
g turpitude or an
illegal act involving personal gain to him, or as provided in Section 8 7.013 of the
. Local
Government Code any act of compet ncy, official misconduct, or intoxication on or off
duty caused by drinking an alcoholic beverage; then, in those events the City shall
have
no obligation to pay the aggregate severance sum designated herein.
B. Involuntary separation as used in this section means: (1) his discharge or dismissal .� , y
the City Council; or (2) his resignation following a reduction in salary or other financial
benefits of Employee in a greater ;percentage than an applicable across-the-hoard
reduction for all City employees; or in the event the City refuses following Witten
notice, to comply with any other provision benefiting Employee herein. Then,, in the
event of one of the occurrences listed above, Employee may, at his option, be deemed
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"terminated" at the date of such reduction m pay or Employer's refusal to comply within
the meaning of the context of t severance pair provision.
C. In the event Employee voluntarily resigns his position with Employer before expiration
p
of the aforesaid term of his employment, then Employec shall give Employer 30 days
notice in advance,unless the parties otherwise agree.
SECTION 5. SALARY
A. Employer agrees to pay Employee for his services rendered pursuant Hereto an annual
base salary of$118,000, payable in in tallments at the sane time as other employees of
the Employer are paid. All provisions of the City Charter, City Code, and Mules and
Regulations of the City adopted by the City Council relating to vacation and sick leave,
retirement and pension system contribution, holidays, and other fringe benefits not
specifically addressed in this agreement, and working conditions as they now exist or
hereafter may be amended, shall apply to Employee as they would to other employees of
the City, which benefits include health insurance, long-term disability insurance,
retirement under the Texas Municipal Retirement System, and other benefits as P rovided
to other Council appointees of the City.
B. In addition, Employer agrees to increase said base salary and/or other benefits of
Employee in such amounts and to such extent as the Council may determine, within the
approved budget, on the basis of an annual perfonrnance review of said Employee made
at the same time as similar consideration is given other Council appointees.
SECTION 6. PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of the Employee t least once
annually during the time set aside each year for the perf mance review of other Council
appointees. Said review and evaluation shall be in accordance with specific criteria
developed jointly by Employee and Employer. Said criteria may be added to or deleted
from as the Council and Employee shall agree.
B. Annually, the Council and Employee shall define such goals and performance objectives
which they determine necessary for the proper operation of the City of Denton Internal
Audit Department,,rent, and in the attainment of the Council's policy objectives and shall
further establish a relative priority among those various goals and objectives.
C. In effecting the provision of this Section, the Council and the Employee
mutually agree
to abide by the provisions of applicable law.
SECTION J■ HOURS OF WORD
It is recognized by both Employer and Employee that the duties of Internal Auditor require a
great deal f time outside of normal office hours. It is l so recognized by the parties that
Employee is required to devote the amount of time and energy necessary to carry out those duties
with the highest amount of professionalism possible. That being the case, the parties recognize
that Employee may choose to take personal time off during business hours when it is appropriate
s:lour documentslcontets1071seperd-employment agreement.doe
and when his duties allow. Although this personal tl*Lme off is not considered vacation, neither is
it to be considered as compensatory time for time spent by Employee in carrying out his duties
outside of normal office hours, s the parties agree that the Employee must devote the amount
time necessary to fulfill those duties. The Council will consider the Employee's use of personal
time off during the performance evaluation.
SECTION 8. OUTSIDE ACTIVITIES
Employee is entitled to devote whatever a unt of time he feels is appropriate under the
circumstances to the pursuit of teaching, c uns ling, consulting, writing or other non-employer
connected business outside of normal business hours of the Employer,provided that this does not
conflict or interfere with his duties as Internal Auditor, and provided that Employee first notifies
the Council Appointee Performance Review Committee that he intends to engage in such
activity, including the amount of time he intends to devote to this activity and his engagement in
the activity is approved by the Chair of the Committee.
SECTION 9. AUTOMOBILE
The Employee is required to be on call for 24 hour service, so therefore, must have access to a
vehicle for City business. Employer shall grant to the Employee a ear allowance of$250 p er
month for providing such vehicle. The Employee shall be responsible for the purchase,
maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be considered
for increase during the performance evaluation process. The Employer also agrees to reimburse
Employee for mileage for out-of-county travel associated with City business at the current IRS
rate for mileage reimbursement in accordance with the then current City Travel 'Reimbursement
Policy for City employees with car allowances.
SECTION 10. RETIREMENT
A. Employer agrees to execute all necessary agreements provided by the International
City/County Management Association — Retirement Corporation ICA4A-RC for
Employee's participation 'n said ICMA-RC retirement plans. Employer further agrees
to contribute six percent of Employee's annual base salary to ICMA-RC's 457 plan.
All sums contributed to said plans shall be in addition to Employee's base salary.
Employer also agrees to allow Employee to contribute whatever portion of his base
salary he may deem appropriate to said plan, including"catch-up"provisions.
B. If the Employee retires pursuant to. a qualified retirement plan, or is permanently
disabled during the term of this Agreement, the Employee shall be compensated for sick
leave, vacation leave, holidays, and other benefits then accrued or credited to the
Employee in accordance with Employer's current policies for compensation for these
benefits, and, at the Employee's option, shall be permitted to continue to participate in
the City's health insurance plan on the sane basis as other retirees from the City are
permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the
Employee.
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SECTION 11, DUES, MEMBERSHEPS AND SUBSCRIPTIONS
Employer agrees to budget and to pay for the-professional dues, memberships and subscriptions
of Employee necessary for his continuation of full participation Mn national, regional, state and
local associations and organizations necessary and desirable for his continued professional
participation, growth and advancement as Internal Auditor, and for the good of the Employer in
amounts that are approved by the City Council in the annual budget for the City's Internal Audit
Department.
SECTION 12. PROFESSIONAL AL EVEL PMENT
Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence
expenses of Employee for professional and official travel, meetings and occasions adequate to
continue the professional development of Employee, and to adequately pursue necessary official
and other functions for Employer, including but not limited to the Annual Conference of the
Institute of Internal Auditors (II A), the Association of Local Govenunent Auditors (ALGA), and ;
other such national, iregional, state and local groups and committees thereof which Employee
i
serves as a member n the amounts approved by the City Council n the annual budget for the
City's Internal Audit Department.
SECTION 13. BONDING
Employer shall bear the full cost of any fidelity or other bonds that may he required of the
Employee under any law or ordinance.
SECTION 14. OTHER'TERMS AND CONDITIONS OF EMPLOYMENT
A. The City Council, upon recommendation of the Council Appointee Performance Review
Committee and in consultation with the Employee, shall fix any such other terms and
conditions of employment as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with
or in conflict with the provisions of this agreement, the City Charter or any other lave,
and are memorialized by a written amendment to this Agreement.
B. All provisions of the City Charter and Code, and regulations and rides of the Employer
relating to vacation and sick leave, retirement and pension system contributions, holiday,
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of the
Employer in addition to said benefits enumerated specifically for the benefit of
Employee.
SECTION 15. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at lave and
executors of Employee.
sAour documentskontra ts\ 7l hepherd-employment agreement-doe
C. If any provision, or any portion, thereof, contained this agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion
thereof, shall be deemed several, shall not be affected and shall remain in force and
effect.
D. The venue of any litigation involving this Agreement shall he in a court of competent
jurisdiction sitting in Denton County, Texas.
SECTION 16. APPROPRIATIONS
The Employer agrees that it will appropriate, set aside and encumber funds of the City an
amount sufficient to f id and pay all financial obligations of the City pursuant to this
Agreement, including, but not limited to the severance pay, salary and benefits set forth and
described herein.
IN WITNESS WTMRE P, the Mayor as duly authorized by the City Council and on behalf of
the City of Denton, has signed and executed this agreement and the Employee has signed and
i i
executed this agreement,both n duplicate, the clay and year first above mitten.
CITY OF DENT N, TEXAS
PERRY R. Mc1 EILL, MAYOR
ATTEST:
ENTE'ER WALTERS, CITY SECRETARY
Y:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYD ITY T RNEY
Y:
STEVE SHEPHERD,INTERNAL AUDITOR
6
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Utility Administration
ICM: Howard Martin, 349-8232
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas, authorizing the City manager to
execute an agreement by and between the City of Denton, Texas and Denton 288 L.P. for the
provisions of sanitary sewer and water facilities a Texas Limited Partnership for the provision of
Sanitary Sewer and Water Facilities pertaining to the Hills of Denton, a development located in
the City of Denton, Texas; and providing an effective date. The Public Utilities Board
recommends approval (6-0.)
BACKGROUND
Denton 288 L.P., a Texas Limited Partnership has acquired approximately 2121 acres of land
that spans from north of Loop 288 along Locust Street to about a 1000 feet south of Milam Road
along the eastern boundary, and extends to Bonnie Brae Street along the western boundary of the
property (Exhibit 1). The subject property was voluntarily annexed, and is in the process of
zoning approval as the sub-divison called Hills of Denton.
As a necessary component of the zoning approval, Hills of Denton has been working with the
Water department staff on developing an agreement for the provision of sanitary sewer and water
facilities (Agreement) for serving the proposed development. The components of the sanitary
sewer and water facilities required to serve the development, and the responsibilities of the
developer and the city to facilitate the services as included in the Agreement are described
below:
Wastewater Service: The wastewater infrastructure in the Clear/Milam Creek basins is proposed
to be constructed in two phases (Exhibit 2). The Phase I project includes construction of the 30-
inch interceptor sewer from Locust Street up to the proposed 1.8 million gallons per day (mgd)
Interim Milam Creek Lift Station, construction of the 1.8 mgd lift station and approximately
8,500 feet of 8-inch force main to discharge wastewater from the lift station to south of Loop 288
into the existing City of Denton wastewater collection system.
The Phase II project includes construction of the remaining Clear/Milam Creek Interceptor sewer
up to the terminus at the Clear Creek Water Reclamation Plant, and the construction of the water
reclamation plant.
$2.9 million is budgeted in the FY2008 for construction of the Phase I project.
To provide wastewater service to the Hills of Denton, the Agreement(Exhibit 3) includes the
following:
• Developer's project will include the survey, design and construction of the entire Phase I
project as described above.
1
• City will procure the off-site permanent and temporary construction easements for the
construction of the Phase I project.
• As the Phase I project is put into service and begins to reach its capacity, City will
commence construction of the Phase II project.
• City will provide uninterrupted wastewater service to the Hills of Denton during the
construction of the Phase II project.
• The total financial obligation of the developer to secure wastewater service for the entire
development will be to construct the Phase I project as described above.
• In addition to the construction of the Phase I project, developer will prepare a wastewater
master plan for the development that also includes the wastewater flows from the off-site
contributing sewershed, to allow for oversizing of any wastewater lines within the
development. Oversize cost will be paid for by the city upon PUB and Council approval.
• No impact fee credits will be granted to the developer for construction of the Phase I
proj ect.
• Agreement is valid for two years from the Agreement execution date.
PUB's direction to staff is to require contribution of$1 million from the developer to initiate
wastewater service in the Clear/Milam Creek basin. The completion of the entire Phase I project
by the developer exceeds the $1 million contribution as required by PUB. Also, it moves the
responsibility of timely construction of the project to the developer.
Water Service
• Water supply to the development is available from the existing 36-inch transmission
pipeline along the north side of Loop 288.
• Four existing stub-outs in the 36-inch pipeline are available for extending water mains to
the development at developer's cost.
• Existing 12-inch waterline on Milam Road is also available for additional capacity.
• Water service from the 36-inch pipeline will provide adequate pressures up to 712 feet
elevation. Property within the development above 712 feet elevation may be regraded, or
will need a separate pressure plane, or may be used for purposes not requiring city water
service.
• Developer shall perform a water distribution system analysis, and prepare a water master
plan for the ultimate build condition of the development. All off-site water line
extensions are subject to consideration for oversize.
For water service to the development, all expenditures are the responsibility of the developer. No
city funds except for any oversize of water lines as approved by the PUB and the City Council
will be spent.
RECOMMENDATION
Staff recommends approval of the agreement for the provision of Sanitary Sewer and Water
Facilities pertaining to the Hills of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
PUB: August 19, 2002, City Council: September 3, 2002 - Approved the staff recommendation
to design a conventional plant in the Clear Creek Basin
PUB: October 21, 2002, City Council: November 5, 2002 — Approved the Professional services
Agreements for design of Clear Creek Interceptor Sewer and Water Reclamation Plant
PUB: December 13, 2004 — Update on status of Clear Creek Interceptor Sewer and Water
Reclamation Plant.
PUB: February 14, 2005 — Recommended Option for wastewater service in the Clear/Milam
Creek Basin
PUB: June 13, 2005 —Recommended approval of Professional Services Agreement with United
States Right of Way Acquisition Company, Inc. for easement acquisition.
This item was presented to the Public Utilities Board at their May 30, 2007 regular meeting. The
Public Utilities Board recommends approval (6-0).
FISCAL INFORMATION
$2.9 million is budgeted for completion of the Phase I project in the FY2009 wastewater budget
(Exhibit 4).
DATE SCHEDULED FOR COUNCIL APPROVAL
June 5, 2007
EXHIBITS
1. Hills of Denton Property
2. Clear/Milam Creek Phase I & II Projects
3. Sanitary Sewer& Water Facilities Agreement
4. Ordinance
5. FY2009 CIP Detail Sheet
6. PUB Minutes
Respectfully submitted:
Jim Coulter
Director of Water/Wastewater Utilities
Prepared by:
lip
P. S. Arora, P.E.
Assistant Director of Wastewater Utilities
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EXHIBIT 1
1
ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES
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HILLS OF DENTON nnn
PROPERTY
Milam
PROPOSED CLEAR CREEK
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PHASE 1 PHASE 2 CLEAR CREEK WATER
RECLAMATION PLANT
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PROPOSED LIFT STATION
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PROPOSED FORCE MAIN
CLEAR CREEK
RECLAMATION
PLANT PROPERTY
University
EXHIBIT 2
1
THE STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT BY AND BETWEEN THE CITY OF DENTON,TEXAS
AND DENTON 288, L.P. FOR THE PROVISION OF
SANITARY SEWER AND WATER FACILITIES
T IS AGREEMENT (the "Agreement'') is made and entered into on the day of
2007 by and between Denton 288, L.P.? a Texas limited partnership
9
(the "Develo er'} and the City of Denton, Texas, a municipal corporation and a home-rule
municipality(the "City"), located in Denton County, Texas.
RECITALS:
WHEREAS, the Developer is the owner and developer of the Hills of Denton:'' which
is a development located in the City; that contains approximately 2121 acres of land; and is more
particularly described in Exhibit "A" which is attached hereto and incorporated herewith by
reference (the "Development"); and
WHEREAS, certain off-site sanitary sewer facilities need to be constructed in order to
meet the demands projected to be created by the Development; and
WHEREAS, in addition, the City desires to construct sanitary sewer facilities to meet the
needs of the City, which are above and beyond the needs projected to be created by the
Development; and
WHEREAS, certain off-site connections to the City's water distribution facilities need to
be constructed by the Developer, at the Developer's cost to provide potable water service to the
Development; and
WHEREAS, the City and the Developer have entered into this Agreement to set forth the
terms, conditions, and provisions under which the proposed sanitary sewer facilities and the
proposed water distribution facilities will be constructed and paid for; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
the mutual promises and undertakings by the parties hereto, the sufficiency of which
consideration is hereby acknowledged, the parties hereby AGREE as follows:
I. Descri Lion of Sewer Facilities. The sanitary sewer facilities provided for in this
Agreement (the `'Sewer Facilities") are described as follows:
A. The off-site Sewer Facilities to provide wastewater service to the Development and to the
Milam/Clear Creek Sewer Basins will be constructed in two phases; as depicted in Exhibit "B"
which is attached hereto and incorporated herewith by reference.
48683 1 Exhibit 3
B. The "Phase l'' project will include construction of the 30-inch off-site sewer line from the
Development up to the proximity of the proposed 1.8 million gallons per day (mcrd) Interim
Milarn Creek Lift Station (IMCLS), a 15 or 18-inch sewer line connection from the 30-inch
sewer line to the IMCLS to carry 1.8 mad flow. and the construction of the IMCLS and
approximately 8,500 feet of 8-inch force main from the IMCLS to south of Loop 288, to
discharge wastewater into the City's existing wastewater collection system along Stuart Road.
C. The Phase II project will include construction of the sanitary sewer tine extending from
the IMCLS to the Clear Creek water Reclamation Plant ("CCWRP"') site, the line's destination,
and construction of the CCwRP. During the construction of the Phase II project, City
wastewater service to the Development will be maintained, without interruption, for all phases of
construction in the Development.
?. Develo er's Construction Project. Developer is responsible for the survey, design and
construction of the entire off-site "Phase I" project (see definition of Phase 1F" project in Section
1.B. above). Also, the Developer is responsible for the design, easement acquisition and
construction of all on-site sanitary sewer facilities needed to serve the wastewater needs of the
Development. The City agrees to grant access to the Developer, its successors and assigns, and
their respective employees, contractors. subcontractors and agents, upon any property,
easements, or rights-of-way owned by the City in which any of the on-site or off-site sanitary
sewer facilities are intended to be located. The City shall review all requests for easements and
rights-of-way to assess whether any feasible alternatives to condemnation exist. Any and all
reasonable costs and expenses associated with obtaining such on site easements or rights-of-way,
including but not limited to land acquisition costs, reasonable attorneys' fees. reasonable
engineering fees and other reasonably foreseeable costs. shall be the sole responsibility of the
Developer to the extent Developer specifically requests the assistance of the City in writing in
connection therewith.
A. The Developer at Developer's sole cost shall submit to the City a sewer master plan that
reflects the wastewater needs of the Development per the zoning for the Development that is
approved by the City. In addition the sever master plan shall include all existing or projected
wastewater flows from upstream off-site areas that drain through the Development.
B. The sewer master plan shall comply with the latest edition of the City of Denton
waterlwa stew ater Design Criteria Manual, which is incorporated herewith and made a part of
this Agreement by reference. The sewer master plan submittal and review will be required
during the general development and preliminary plat process.
C. Any oversize of on-site sever lines required to accommodate wastewater flows from
contributing off-site areas will be paid for by the City, in compliance with the current subdivision
and development code requirements of the City. The parties hereto understand that oversize
participation agreements are subject to the approval by the Denton City Council, after the City
Council receives a recommendation from the City of Denton Public Utilities Board,
D. Developer understands that the City charges impact fees for all new or expanded water
and sewer connections to the City water/wastewater system. Developer's costs related to survey,
design and construction of the '"Phase I" project do not represent any credit against the impact
48683 ?
fees due and owing to the City. Impact fees are assessed for all connections to the,City
waterlwastewater system based upon the rate schedule that is in effect at the date that the plat of
the Development is accepted by the City. Impact fees will be collected at the time a building
permit is obtained; or if a building permit is not required, they are collected at the time an
application is filed for a new connection to the City's water or wastewater system. Developer
also understands that it shall also receive no credit against any meter connection fees due to the
City.
E. The City and Developer agree that if Developer does not complete the construction of the
"Phase l" project by the second anniversary of the execution of this Agreement; that the City
may elect to terminate this Agreement without any liability therefore; or in the alternative, the
City may elect to offer an amendment to this Agreement, but is not required to offer said
amendment to Agreement. for Developer's consideration.
F. The Developer will not be responsible for payment of any cost share in the survey,
design, construction, and easement costs for the Phase 11 project. The survey, design and
construction of the "Phase I" project will be the only obligation of the Developer for off-site
sewer construction to obtain wastewater service for the entire Development.
3. Citv's Construction Pro'ect. The City is responsible for the off-site easement acquisition
for the "Phase I" project, and for the survey, design, easement acquisition and construction of the
entire Phase II project as shown in Exhibit"B.'"
A. As wastewater flows reach the capacity of the IMCLS described in Section I.B. above, the
City will commence the construction of the `-Phase 11" project, which will at that time include the
sanitary sewer line extending from the IMCLS to the Clear Creek Water Reclamation Plant
("CCWRP") site, the line's destination, and the City will at that time construct the CORP.
During the construction of the Phase It project, City wastewater service to the Development will
be maintained, without interruption, for all phases of construction in the Development.
B. The City will provide for adequate wastewater capacity in the off-site Sewer Facilities for all
phases of construction in the Development in accordance with the zoning that is approved by the
City.
4. Description of Water Facilities. Water supply for the Development is available from
the existing thirty-six (36") inch transmission pipeline located to the south of the Development
along the north side of Loop 288. The City prefers that connections to the pipeline come from
only four(4) existing pipeline stub-outs located at:
1. The northwest corner of Loop 288 and Locust Street (FM 2164)(16-inch)
2. Approximately 3,200 feet west of the above location along the north side of Loop 288
(I2-inch).
3. & 4. Approximately an additional 1,800 feet west of the immediately previous location
along the north side of Loop 288 near the northeast corner of the UNT Research Campus
(two connection points, 12-inch and 16-inch)
48683 3
In addition there is an existing 12-inch waterline located on Milam Road (FM 3163)
approximately 2,750 feet east of M-35, available for extension along Milam Road to provide
additional capacity and service to the northern section of the proposed development.
A. water service from the thirty-six inch (36") transmission pipeline will provide adequate
service pressures for the Development at a water service elevation of no more than 712 ft MSL,
in accordance with current Texas Commission on Environmental quality(TCEQ) regulations. It
is recommended to the Developer by the City that any properties within the Development that
are in excess of this elevation be served by a separate pressure plane system or be re-graded to an
elevation lower than 712 ft MSL.
B. Current City subdivision regulations require the Developer to design and to install
booster pump stations that are not part of a city-wide pressure plane system. Based upon a
preliminary review of the topographic elevations of the Development, there is only one (1)
location that may have difficulty with meeting this criterion. Acceptable alternative options for
this area include:
1. Re-grading the area to lower the hill to an elevation of less than 712 ft MSL.
2. Providing a booster pump station and pressure plane acceptable to City standards. The
City may elect to require that this system be privately owned and operated, depending
upon the factual situation.
3. Consider park space; open space or other land uses that for this area that will not require
City water service.
C. The Developer, at Developer's sole cost will be required to perform a water distribution
system analysis and master plan for the Development to identify the necessary water system
improvements needed to serve the Development under a build out condition.
D. The City will provide suitable hydraulic information for the existing transmission
pipeline system for the Developer's engineering consultant to use for boundary conditions for
their distribution model. If the Developer prefers, the City will make arrangements for an
engineering firm to perform this engineering analysis; however the Developer understands that
this engineering analysis would be solely at the Developer's cost and expense.
E. It is anticipated that the Development will require a minimum of three, and a maximum
of four off-site connections from the Loop 288 water transmission system, to serve the build out
condition for this Development. The waterline along Milam Road will provide an additional
supply. The overall density of the project, the land uses and fire protection requirements; the
phasing of the Development; and the sizes and timing of the off-site waterlines will have a
bearing on the number of connections required and their required size.
F. All waterline extensions shall be designed under current City subdivision and
development code and design criteria manual requirements. The analysis and review will be
required during the general development and the preliminary plat process.
G. All off-site water line extensions will be subject to consideration for oversize
participation agreements by the City in accordance with current City subdivision and
48683 4
development code requirements. Oversize participation agreements are subject, however, to
approval by the Denton City Council after receiving a recommendation from the City of Denton
Public Utilities Board.
H. The Developer may elect to request a pro-rata agreement from the City for any off-site
water improvements in accordance with current City subdivision and development code
requirements. Pro-rata agreements are subject to approval by the Denton City Council after
receiving a recommendation from the City of Denton Public Utilities Board.
1. All waterlines in the Development shall be installed within dedicated City street right-of-
ways or within public utility easements, as are approved by the Director of the City's water
Utilities Department. Extensions of waterlines along Locust Street (FM 2 164) and Milam Road
(FM 3163) will require a public utility easement of a minimum width of twenty (?o') feet,
located adjacent to the future right-of-way dedication for FM 2164. The Developer expressly
recognizes and understands that the location of waterlines within the FM 2164 Highway right-of-
way will not be approved by the City.
5. Design of Public Improvements: Aivroval of Plans and S ecifications. All public
improvements associated with the Developer's construction project and the City's construction
project (hereafter the "Public Improvements'') shall be designed and constructed in accordance
with the City's standard specifications for public works construction; which specifications are
incorporated herewith by reference.
A. Construction for the Developer's constriction project shall not commence until the
Developer and its contractor enter into the City's standard three-way public works contract
between the City and the Developer, and its contractor (the "Three-way Agreement"): and a
performance bond in the amount required; a payment bond; and required insurance certificates
are delivered to the City; in the form and substance required by the City.
6. Notices. Any notice. demand or other communication required or permitted to be
delivered hereunder (other than invoices to be delivered as hereinafter described) shall be
deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt
requested, addressed to each respective party; or sent via facsimile to the fax number set forth for
each party at the time indicated on the confirmation of transmission generated by the sender's
electronic equipment, as follows:
If to the Cit with a copy to:
City of Denton; Texas City of Denton, Texas
2 15 East McKinney Street ?i East McKinney Street
Denton, Texas 76201 Denton, Texas 76201
Attention: Howard Martin Attention: Jim Coulter
Assistant City Manager/Utilities Director of water Utilities
Fax No.: (940) 349-8120 Fax No.: (940) 349-8 120
48683 5
If to the Developer! with copies to:
Denton 288 L.P.
CIO Tomlin Investments, Ltd. Tomlin Investments, Ltd.
4265 Kellwway Circle 4265 Kellwway Circle
Addison, Texas 75001 Addison, Texas 75001
Attention: Dan Tomlin, III, President Attention: Rod Zielke, Partner
Fax Flo.: (97?) 788-4247 Fax No. (972) 788-4247
The parties hereto may change their respective notice addresses for all communications and
invoices, by a written notice delivered to the other party, in accordance with the terms of this
Section 6.
7. Time is of the Essence. Time is of the essence in the performance of obligations
under this Agreement.
8. Governing Law and Recrulatory Authorit This Agreement was executed in the State of
Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the
laws of the State of Texas. All obligations of the parties created under this Agreement are fully
performable in Denton County, Texas. The parties agree that exclusive venue for any lawsuit
enforcing or interpreting any of the fights and obligations, or for any other cause of action arising
under this Agreement, shall be a court of competent jurisdiction in Denton County, Texas.
9. Entiretv of A reement. This Agreement constitutes the sole and entire agreement
and understanding between the City and the Developer. Neither party hereto is bound by or
liable for any statement, representation, promise; inducement, understanding; or undertaking of
any kind or nature, whether written or oral, with regard to the subject matter hereof not set forth
or provided or herein. This Agreement replaces all prior agreements and undertakings between
the parties hereto with regard to the subject matter hereof. It is expressly agreed that the Parties
may have other agreements covering other services not expressly provided for herein, which
agreements are unaffected by this Agreement.
10. Force Maeure. The City and the Developer shall not be in default or otherwise
liable for any delay in; or failure of performance under this Agreement if such delay or failure
arises by any reason beyond its reasonable control, including any act of God, any acts of the
common enemy or terrorism, the elements; earthquakes, floods; fires, epidemics, riots, failures or
delay in transportation or communications, or any act or failure to act by another third party or
such other third party's employees, or agents. However, the lack of funds shall not be deemed to
be a reason beyond a party's reasonable control. The parties will promptly inform and consult
with each other as to any of the above causes, which in their judgment may or could be the cause
of a delay in the performance of this Agreement.
11. Severability. If any term or provision of this Agreement is held by a court 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 illegal, invalid or
unenforceable term or provision there shall be added automatically to this Agreement a legal,
valid or enforceable term or provision as similar as possible to the term or provision declared
illegal, invalid, or unenforceable.
48683 6
1?. Attornev's Fees. Should either Party to this Agreement commence legal proceedings
against the other to enforce the terms and provisions of this Agreement, the Party who does not
substantially prevail in the proceeding(s) shall pay a reasonable amount of attorney's fees and
expenses (including, but not limited to expert witness fees and deposition expenses) incurred by
the substantially prevailing Party.
13. Amendment. This Agreement may be amended only upon the mutual agreement of both
of the Parties hereto, which amendment shall not be effective until it is reduced to writing and
authorized and executed by the Parties.
14. Assignability. The City and the Developer agree that this Agreement may not be
assigned without the prior written consent of the other party due to the special covenants, nature,
and subject matter of this Agreement; provided, however, Developer shall have the option to
assign this Agreement or any part of this Agreement or any right, title or interest of Developer
under this agreement to a (a) any person or entity (Developer Assignee"); provided that the
creditworthiness of the proposed Developer Assignee is equal to or greater than that of the
Developer; or (b) any lender providing refinancing for the acquisition and/or development of the
Development in whole or in part, upon the written consent of the City provided:
(a) The assignment is in writing. executed by Developer and the Developer Assignee
following the advance written consent of the City; and
(b) The assignment incorporates this Agreement by reference and fully binds the
Developer Assignee to perform (to the extent of the obligations assigned) in
accordance with this Agreement; and
(c) A copy of the executed assignment is provided to all parties.
From and after the effective date of any assignment by the Developer, the City agrees to look
solely to the Developer Assignee for the performance of the obligations assigned, provided,
however, no assignment by Developer shall release Developer from any liability to the City that
arose from an event of default by Developer (or from any failure by Developer which, if not
cured, would constitute an event of default) that occurred prior to the effective date of the
assignment. Each Developer assignee shall become a party to this Agreement when a copy of
the executed assignment has been provided to all of the parties.
15. No waiver. The failure of he City or the Developer to insist, on any occasion, upon
strict performance of any provision of this Agreement will not be considered to waive the
obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of
any term of this Agreement shall be deemed or construed to constitute a waiver of any other
breach or violation, whether concurrent or subsequent, and whether of the same or of a different
type of breach or violation.
16. No Third-Part Beneficiaries. This Agreement is not intended to, and does not
create rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations; or entities other than the Parties hereto and their permitted successors-
in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit
48683 7
of the Parties, their successors-in-interest, and any permitted assigns pursuant to the terms and
provisions of this Agreement.
17. Paraara h Headings and Construction of Agreement. The descriptive headings of
the various articles and sections of this Agreement have been inserted for the convenience of
reference only, and are to be afforded no significance in the interpretation or construction of this
Agreement. Both Parties hereto have participated in the negotiation and preparation of this
Agreement, which shall not be construed either more or less strongly against or for either Party.
18. Gender. within this Agreement, words of any gender shall be held and construed
to include any other gender, and `cords in the singular number shall be held and construed to
include the plural, unless the content otherwise requires.
19. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for
all purposes, wherever reference is made to the same.
20. Biindin,cr Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns.
21. Multiple Counte arts. This Agreement may be executed in four (4) original
counterparts, each of which is deemed an original, but all of which constitute but one and the
same instrument
22. Authoritv. The City represents that this agreement has been approved and duly
adopted by the City Council of the City in accordance with all applicable public meetings and
public notice requirements (including, but not limited to. notices required by the Texas open
Meetings Act) and that that the individual executing this Agreement on behalf of the City has
been authorized to do so. Developer represents that this Agreement has been approved by
appropriate action of Developer and that the individuals executing this Agreement on behalf of
Developer have been authorized to do so.
SIGNATURE PAGE IMMEDIATELY FOLLOWS THIS PAGE
48683 8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their
respective duly-authorized officials and officers on this the day of
2007. .
"CITY"
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL
City Manager
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
r
By. r
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTOMNEY
By: ADA VN x D
N]
"DEVELOPER"
Denton 288. Ltd.
By:Denton 2 P. C.
A Texas it liabil y company,
Its Ge ral P ner
B :
Name I)Dmej�o ,
Manager
4 8683 9
ACKNOWLEDGEMENTS
STATE OF TEAS
COUNTY OF DENTON §
This instrument was acknowledged before me; on this � day of
2007, by George C. Campbell, City Manager of the City of Denton,
Texas, a Municipal Corporation, on behalf of the same.
[L.S.]
Notary Public in and for the State of Texas
STATE OF TEXAS 5
COUNTY OF DALLAS §
T[iis instrument was ackn ledaed before me, the undersigned authority on this day
of ri?007; by ] the Manager of DENTON 288 GP,
LLC.,a Tex s limited partnership, acting on behalf of DENTON 288 L.P.
N ary Public ' ca,'nk for§hel State of Texas
EMILY REYNOLDS
Notary Public,State of Texas
. My Commission Expires
i'rf piE January 26,2011
!I!r 111
S:IOur Documents\ContracLAAHilis of Denton-Sewer&Water Facilities-Agreement-2007-IMSC Drafi.040507.doc
48683 10
EXHIBIT "A::
LEGAL DESCRIPTION_OF THE DEVELOPMENT
LEGAL. DESCRIPTION
All that certain tract of land situated ih the Morris May Survey, Abstract Number 807, the J. S.
Collard Survey, Abstract Number 297, the Alexander White Survey, Abstract Number 1406, and
the Victor Gailor Survey Abstract Number 452,'Denton County, Texas,and being all of the called
299.738 acre tract described i'n the deed from Nairn/Oates & Galloway, Inc. t o- Larry E. Kuhl ken
et ux recorded in Volume 1312, Page 146 of the Real Property Records of Denton County,
Texas, part of the called 384.521 acre tract described in the Deed from Amwest Savings
Association to Lawrence_E. Kuhlken et ux recorded in Volume 3134? Page 537, of the said Real
Property Records, and all of the called 64.571 Jacres described in the Deed. from Elsie L. Cole to
Larry E. Kuhlken et ux recorded in Volume 2360, Page 633 of the Real Pi-operty Records; the
subject tract being more particularly described as follows:
13EGTNNYNG for the Southeast corner of the tract being described herein at a 5/8 inch iron rod
found at the Southeast corner of the 299.738 acre tract'and the Northeast comer of the called
110.257 acre tract described in the Deed from Teri Taylor Companies,.Inc. to Vandalar Partners
recorded under- Clerk's bile Number 93-0094497 on the South line of the Victor E. Gailor
Survey, Abstract Number 452 and the West right-of--%vay line-of TM Highway 21.64:
THENCE North 88 degrees 42 minutes 41 seconds West generally along an established fence
line with the South line of the 299.738 acre tract a distance of 4851.39 feet to a '/2 inch iron rod
fOUnd at a fence corner post in an,abandoned road; -
THENCE ?North 01 degrees 12 minutes 24 seconds East generally along an established fence tine
in the old road with the Vest line of the 299.738 acre tract a distance of 1186.17 feet to a '/z inch'
iron rod found at a fence corner post at the reentrant corner thereof;
THENCE North 88 degrees 22 minutes 51 seconds West, a distance of 1 733.23 feet to a fence
corner post at the Southwest corner of the 299.738 acre tract;
THENCE North 88 degrees 28 minutes 53 seconds Nest generally along an established fence
line with the South line of the 64.871 acre tract a distance of 596.11 feet to a '/z inch iron rod
found at an angle point therein;
THENCE North 89 degrees 09 minutes 15 seconds West continuing with* the. South line of the
64.871 acre tract a distance of 1092.40 feet to a X2 inch iron rod found with a yellow plastic cap
hereinafter referred to as a '/z inch iron rod found;
THENCE South 70 degrees 01 minutes 42 seconds West a distance of 110.83 feet to a '/z.inch
iron rod found;
T 1-1ENCE North 88 degrees 49 minutes 03 seconds West a_distance of 685.29 feet to a t/a inch
iron rod found;
T14ENCE North 01 degrees 51 minutes 27 seconds East a distance of 39.81 feet to a '/z inch iron
rod found;
Legal Description-- Page t
THENCE South 89 degrees'30 minutes 32 seconds East-a distance of 624.61 feet to a 1/2:inch.iron
rod fowid;
T14EN CE North 01 degrees 00 rni mutes 50 seconds East generally.al or�g an established.fence line
with the West line.of the 64.871 acre tract a distance of 1764.26 feet to a cross-tic fence corner
post at the Northeast corner of"the the called 44.823 acres described in the Deed from Emil M.
Schwartz to Ruby Finch recorded in Volume 497; Page 547 of the meal Property records and the
most Southerly Southeast corner of the called 72.769 acres described in.the Deed fronn Richter,
Irwin, Delaney et ux to Thomas K. 170ton et ux recorded in Volume-830, Page 373 of the Real
Property Records;
T1-4ENCE North 00 degrees 3 9'm i nutes.-51' seconds East general I along an 'estabI}shed fence l i ne
with the West line of the 64.871 acre tract a distance of 1.40.82 feet to a fence-corner post at the
Northwest corner-thereof;
TUENC E South 98 degrees 10"minutes 3 7 seconds East-generally along an established fence line
with the NO' rth tine of the 64.871 acre tract and,the South line of the-72.769 acre,tract a distance
of 1089.99 feet to a '/z inch iron-rod found-at a fence corner at the Southeast corner thereof, the
Northeast corner of the 64.871 acre tract and an angle point on the West line of the 384.521 acre
tracts
THENCE North 00 degrees 58 minutes 16 seconds East along a well established fence Nvith the
East line of the called 0.022 of an acre tract described in the decd from Lawrence E. li�hlken .
Jeanine Kulzlken to_Thonias K. Fulton et ux recorded cinder Clerk's ,File Number. 2004-82933;-a
distance of 660.87 feet to a '/Z inch iron rod with a yellow plastic cap stamped "COLEMAN
R.P.L.S. 4001 it set at a fence corner'post at the Northeast corner thereof;
THENCE worth 86 degrees 29 minutes 04 `seconds west. along. a fence called for in the
description of the 72.769 acre tract and the 'North line of the said 0.022 of an acre tract distance
of 2.90 feet to the Northwest corner thereo f on the west line of the '184.521 acre tract;
THENCE North 00 degrees 43 minutes 13 seconds East with the West line of the 384.521 acre
tract and East of an established fence a distance of 141139 feet to a V2 inch iron rod found with a
plastic cap stamped "Alliance" at the Northwest corner thereof;
TH-ENCE South 88 degrees 52 minutes 53 seconds East,generally-along an established fence.line
with the North line of the 384.521, acre tract a distance of 1.928.72 feet-to a'3/4 inch iron-pipe
found at an angle point therein;
TRENCE South 89 degrees 50 minutes 11 seconds East continuing generally along'a fence part
of the way and.-w ith the North line of the 354.521 acre iract a distance of 1452.37 fee i�to a 2.inch
iron rod found at the Northerly Northeast corner thereof;
THENCE South 00 degrees 06 minutes 38 seconds East generally along a fend part of the way
and with the most Northern East line of the .384-52.1 acre tract a distance of 1201.42 feet to a
fence corner post;
Legal Description-- Wage 2
4 5683 12
THENCE South 89 degrees 56 minutes 31 seconds East-generally along an established fence line
with the North line of the _384.521 acre tract a distance of-3898.05-feet to a ;/2 inch iron rod found
at the .Easterly Northeast corner thereof on the West right-of-way line of the RV Highway 21-64;
TRENCE with the West right-of-way line of FM Highway 2f64 64 and the East line of the 3$4.521
acre tract the following 9 calls:
I. South 00 degrees 43 minutes 02 seconds cst--a-distance of 602.28 feet-to a A inch iron
rod found;
2. South 06 degrees 25 minutes 13 seconds Test a distance of 100.44 feet to a V2 inch iron
rod found;
3. South 00 degrees 40 minutes 50 seconds W&st a distance.of 200.02 feet to a V2 inch iron
rod found;
4. South 04 degrees 58. minutes-49' seconds East a'distance of 100.42.feet to a '/2 inch iron
rod found;
5. South 00 dc' green 40 minutes.43 .seconds West a distance of 400.12 feet to a V2 inch iron
rod found;
7
6. South 09 degrees 04 minutes 23 seconds Wesi a distance of 101.09 feet to a t/2 inch iron
rod found;
7. South 00 degrees 46 minutes 43 seconds West a distance of 299.6 feet to a wood right-
o&way monument found:.
8. South 07 degrees 40 minutes 33 seconds East a,distance of 101.63 feet to a 1/» inch-iron
rod found;
9. South 00 degrees 42 minutes 49 seconds West a distance of 238.45 feet to 'a Vz inch iron
rod Found at the Southeast corner of the 354.521 acre tract -and the NI-artheast corner of the
299.738 acre tract; .
THENCE.South 00 degrees 41 minutes 38 seconds West -with the West.right-of-array line of-FM
Highway 2164 and the East line of the 299.738 acre tract a distance of 1941.06 feet to the
PLACE OF BEGINNING and ENCLOSING 748.983 acres.
Legal Description--Page 3
4 8683 13
EXHIBIT "B"
ILLUSTRATION; OF THE OFF—SITE SEWER
FACILITIES
EXHIBfT"B"
ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES
HLL S O=DENTON 1
F^ PERTY N
mwn
FRO POS E7 V-7-J R CR.EM
IRSOLWATION
I - - �
3 _
FROFOSZED Wr':STA:Iom
I IL
4
EXHIBIT B
I inch equals 5.000 feet
4 8683 14
ORDINANCE NO. 2007-
AND ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BY A..ND BETWEEN THE CITY OF
DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISIONS OF SANITARY
SEWER AND WATER FACILITIES PERTAINING TO THE HILLS OF DENTON, A
DEVELOPMENT LOCATED IN THE CITY OF DENTON, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas and Denton 288, L.P., a Texas Limited
Partnership have entered into an Agreement providing for the mutual costs and responsibilities of
the parties regarding the mutual obligations of the parties regarding the furnishing of sewer and
water facilities in -a certain approximate ?121 acre tract of land, within the City of Denton,
commonly known as the "Hills of Deriton:" and
WHEREAS, the City believes that the Agreement is in the best interests of the City and
provides for the measured water and sewer growth of a new development north of Denton, and
that a valid governmental purpose is served by said Agreement, NOW, THEREFORE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in his absence, the Mayor Pro-Tern, is hereby authorized to
execute, on behalf of the City Council of the City of Denton, Texas, the "Agreement by and
Between the City of Denton, Texas and Denton 288 L.P. For the Provision of Sanitary Sewer and
water Facilities,' which Agreement is attached hereto as Exhibit `'A" and incorporated by
reference herein.
SECTION ?. The City Manager shall have the authority to expend funds as are necessary
to perform this Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of . 2007.
PERRY R. McNEILL, MAYOR
Exhibit 4
SA0ur Documentslordinances1071Sewer and Water Agreement-Hills of Denton Project-2007.doc
ATTEST:
JENNYFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN A SN YDER, CITY ATTORNEY
By
Page 2 of 2
Exhibit 6
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 May 3 0, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Wednesday, May 30, 2007 at 9:05 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson
11 and John Baines (arrived at 9:24 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager, excused
15 Howard Martin, ACM Utilities
16
17 Absent: Bob Bland, excused
18
19 OPEN MEETING:
20
21 ITEMS FOR INDIVIDUAL CONSIDERATION:
22
23 5) Consider recommending approval of the agreement between the City of Denton and Denton
24 288 L.P., a Texas Limited Partnership for the provision of Sanitary Sewer and Water
25 Facilities pertaining to the Hills of Denton, a development located in the City of Denton.
26
27 P.S. Arora, Assistant Director of Wastewater Utilities, presented this item noting that it had been
28 an on-going project since 2002. Denton 288 L.P., aka Tomlinson Investments, bought 2100
29 acres, which have been annexed, with the zoning contingent upon approval of the agreement.
30 The property boundaries are along Loop 288, Locust Street, Bonnie Brae, and 1000 feet south of
31 Milam Road.
32
33 The Hills of Denton has been working with the Water department staff developing agreements
34 for water/wastewater service. The components of the facilities and the responsibilities of the
35 Developer and the City are included in the agreement. To provide wastewater service to the
36 Hills of Denton, the Developer's project will include the survey, design and construction of the
37 entire Phase 1 project. The City will procure the off-site permanent and temporary construction
38 easements for Phase 1. As Phase 1 begins to reach its capacity of serving 1700 homes, the City
39 will commence Phase II which includes the remaining interceptor sewer and Clear Creek Water
40 Reclamation Plant construction.
41
42 Water service supply to the development is available from the existing 36"transmission pipeline
43 along the north side of Loop 288. There are four existing stub-outs available for extending water
44 mains to the development at the developer's cost. There is an existing 12"waterline on Milam
45 Road available for additional capacity. All expenditures for water service to the development
46 are the responsibility of the developer. No city funds, except for any oversize of water lines, will
47 be spent without approval by the PUB and the City Council.
48
49 Board Member Dick Smith asked if the total cost of Phase I would be the developer's.
50
51 Draft Minutes—Public Utilities Board Meeting
52 May 3 0, 2007
53 Page 2 of 2
54
55
56 Arora replied that it would.
57
58 Board Member Randy Robinson asked if Phase II had been authorized as part of a bond package.
59
60 Arora replied that it was at one time, but when the original investor walked away from the
61 project, bond money and the debt obligation were transferred to the electric department.
62
63 Board Member Dick Smith moved to approved with a second from Board Member Phil
64 Gallivan. The motion was approved by a 6-0 vote.
65
66 The meeting was adjourned by consensus at 11:30 a.m.
67
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-82 }
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music festival,
Fry Street Concert Series, conducted by D.H.S. Entertainment in the area of Fry Street, behind
Lucky Lou's and Riprocks, to benefit the Susan G. Koman Foundation. The event is to be held
on Saturday, June 23, 2007, from 2:00 p.m. to 8:30 p.m. The exception is specifically requested
for an increase in the maximum allowable sound level for an outdoor music festival from 70
decibels to 75 decibels.
BACKGROUND
Bryan Denny, CEO/Agent with D.H.S. Entertainment, has submitted a request for an increase in
the noise level from 70 to 75 decibels. The festival will benefit the Susan G. Koman Foundation
and will include local bands, retail and food booths. The event will be promoted in the Dallas/Ft.
Worth metroplex and organizers anticipate a crowd of approximately 1,000 participants.
Amplified sound will be used for both music and public announcements. The Police Department
has requested that the music end at 8:30 p.m. for security reasons and to disband the crowd.
FISCAL INFORMATION
The fiscal impact of this event will include overtime costs associated with the hiring of off-duty
police officers and firefighter/paramedics.
EXHIBITS
1. D.H.S. Entertainment Letter of Request
Respectfully submitted by:
Emerson Vorel, Interim Director
Parks and Recreation
Prepared By:
t
Janie McLeod
Community Events Coordinator
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sAour documents\n-iscellaneous\071060507 ais c rnpbell.doc
AGENDA INFORMATION SHEET
AGENDA.DATE: June 5, 2007
DEPARTMENT: Legal Department
CM DCM ACM: Ed Snyder, City Attorney
SUBJECT: Consider an ordinance amending the City Manager's Employment Agreement and
authorizing the Mayor to execute said Agreement setting the compensation and terns of
employment; authorizing expenditures and actions; and providing an effective date.
BACKGROUND: The Council Appointee Performance Review Committee (the "Committee"
has completed the City Manager's six-month review and has recommended certain amendments
to the Employment Agreement which was provided to Council under separate cover.
OPTIONS: Approve the amended Employment Agreement as proposed, not approve the
Agreement, or make modifications.
RECOMMENDATION:RATION: The Committee recommends approval of the Agreement.
R spectfully hn i
Ed Snyder
City Attom
A ur DocumentsWiseellaneous\ 7\060507 AIs Campbell.doc
sAour documents\ordinances\ 7lcampbelI amended agreement.doc
a
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY MANAGER'S EMPLOYMENT AGREEMENT
AND AUTHORIZING THE NIAYOR TO EXECUTE SAID AGREEMENT TT SETTING THE
COMPENSATION AND TERMS OF EMPLOYMENT;T; UTH RIZING EXPENDITURES
AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 1 , 2006, the City Council approved an Employment
Agreement with George C. Campbell as City Manager by Ordinance No. 200 6-256; and
MERE S, the City Council Appointee Performance Review Committee has completed
the City Manager's six-month review and has recommended that the City Council approve
certain amendments to the Employment Agreement, which is attached to and made a part of this
Ordinance for all purposes (the "Employment Agreement"); NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENT ON HEREBY RDA.Il4S:
SECTION 1. The City Council hereby approves the amended Employment Agreement
of George C. Campbell, the City Manager, and authorizes the Mayor, or in his absence the
Mayor Pro Tens, to execute the Employment Agreement on behalf of the City.
SECTION 2. The expenditures and all other actions set forth in the Agreement are
hereby authorized and approved.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2007.
i
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Y■
APPROVED AS TO LEGAL FO
■
EDWIN M. S ITY DRIVE
Y#
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and Denton Parks Foundation to support the 2007 Juneteenth Celebration;
providing for the expenditure of funds therefor; and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of$250: $50 each from Mayor McNeill, Mayor
Pro Tem Kamp, Deputy Mayor Pro Tem Mulroy, and Council Members Montgomery and
Thomson's Contingency Fund allocation. Key provisions of the agreement include:
• Funds may be used to help pay for the cost and expenses directly related to the Juneteenth
Pageant.
• In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from appropriate Council Contingency Fund accounts.
Respectfully submitted:
r1
.f.
y' L
:J -
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
s:laur documents\ordinances\ 7ljuneteenth celebmtion.doc
ORDINANCE N .
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF DENT IN, TEXAS AND DENT ON PARIS FOUNDATION T
SUPPORT THE 2007 JUNETEEI TH CELEBRATION; PR WDIl G FOR THE
EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Parks Foundation (the "Organization") sponsors and organizes
the Juneteenth celebration in the City of Denton, Texas cluding the Juneteenth Pageant as part
of the event- and
WHEREAS, the City Council finds that it is in the public interest to help support this
community event; and
VHEREAS, the City Council of the City of Denton hereby ids that the Program and
the agreement between the City and the Organization attached hereto and made a part hereof by
reference (the "Agreement) serve a municipal and public purpose including promotion of
significant historical and cultural event in Denton, the recognition of worthy citizens, and
positive promotion of the City of Denton to others outside of the City is in the public interest;
NOW, THEREFORE,
THE C UNCLL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated
by reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds as provided in the Agreement.
SECTION 3. This ordinance shall become effective innnediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
r
sAour documents\ordinances\07\j net=th celebration.doe
ATTEST:
JENNIFER WAITERS, CITY SECRETARY
Y:
APPROVED AS TO LEGAL ORM:
EDWIN M. S , CIT ATT RNEY
SERVICE AG EEC IE TT
BETWEEN THE CI'T'Y of DENTON, TES Al
DEN TON PARIS FOUNDATION
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and"Denton Parks Foundation", a
non-profit organization, hereinafter referred to as "organization";
SERE S, City has detern-ined that the organization will perform as important public
service for the residents of Denton without regard to race, religion, color, age or national origin
by providing for events such as the Jun teenth Celebration which helps promote and celebrate an
important historical and cultural event, brings recogpition to worthy citizens, and promotes the
City of Denton to others by its favorable publicity;
NOW, THEREFORE,the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used: Monies may be used to help pay for the cost
and expenses directly related to the Juneteenth Pageant. Monies are not to be used to
pay
overhead or salary of any individual connected with the event or for the travel and entertainment
expense of any individual connected with the event.
2. 0BL1GATIONS OF ORGANIZATION
In consideration of the receipt of f ids from City, Organization agrees to the following
terms and conditions:
A. The funds provided for in this agreement shall only be expended for the purposes set
forth in Article I above, subject to Section 4.A, and for no other purpose.
B. The Organization shall expend the ' in a manner that will allow for a tracing of
funds and a review of the specific expenditures for which the funds were utilized.
C. The organization shall permit authorized officials of City to review its books at any
ti ■
D. The Organization will reduce to writing all of its rules, regulations, and policies and
file a copy with City Manager's office along with any amendments, additions, or revisions
whenever adopted.
E. The Organization shall not enter into any contracts that would encumber City funds
for a period that would extend beyond the term of this Agreement,
AO ur Documents\Contracts\07IJuneteentb Celebrati on Agreement.doe .
F. As funds are expended, the Organization shall provide documentation in the form
cancelled cheeps and corresponding receipts detailing expenditure.
G. The Organization shall appoint a representative who will be available to meet with
City officials when requested.
H. The Organization shall indemnify and hold harmless City from any and all claims and
suits arising out of the activities of Organization,its employees, anchor contractors.
I. The Organization shall submit to City copies of year-end audited financial statements.
3. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame;
The term of this Agreement shall commence on the effective date and terminate September
30, 2007, unless the contract is sooner terminated under Section 7"Suspension or Temunation".
4. PAYMENTS
A. PAYNMNTS TO ORGANIZATION. City shall pay to the Organization the sun of$250.00
to be used solely for the purposes set forth in Section 1 above.
B. ExcEss PAYMENT. Organization shall refund to City witWn ten 1 working days of
City's request, any sure of money which has been paid by City and which City at any time
thereafter d.eterrnines:
1 has resulted in overpayment to Organization; or
2 has not been spent strictly in accordance with the terms of this Agreement; or
3 is not supported by adequate docu mentation to fully justify the expenditure.
C. DEOBLIGATION OF FUNDS/REVERSION F ASSETS. In the event that actual
expenditures deviate from Organization's provision of a corresponding level of performance City
hereby reserves the right to reappropriate or r'eeapture any such under expended funds. If City
finds that Organization is unwilling and/or unable to comply with any of the terns of this
Agreement, City may require a refund of'any and all money expended pursuant to this
Agreement by Organization, as well as any remaining unexpended funds which shall be refunded
to City within ten working days of a written notice to Organization to revert these financial
assets. The reversion of these financial assets shall be in addition to any other remedy available
to City either at lave or in equity for breach of this Agreement.
:\Our Do umentsl ontra ts\07 uneteenth Celebration Agreement.
D. AGREEMENT CLOSE OUT. Organization shall submit the Agreement close out package
to City, together with a final expenditure report, for the t* e period covered by the last invoice
representing final expenditure of funds under this Agreement, within fifteen 1 working days
following the close of the Agreement in period. Organization shall utilize the form agreed upon by
City and Organization.
5. EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Organization agrees to male available its financial
records for review by City at City's discretion. In addition, Organization agrees to provide City
the following data and reports, or copies thereof:
A. All external or internal audits. Organization shall submit a copy. of the annual
independent audit to City within tear 10 days of receipt.
B. All external or internal evaluation reports.
C. Until such time as all disbursed funds have been expended and all document
submissions are complete, the Organization agrees to submit quarterly financial statements'ire
July, October, January, and April. Each statement shall include current and year-to-date period
accounting of all revenues, expenditures, outstanding obligations and beginning and ending
balances. Quarterly financial reports shall be submitted to the City within 15 working ing days after
the quarter has been completed.
E. An explanation of any major changes in program services.
F. To comply with this section, Orgamzation agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement. Organization's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure.
Organization agrees to retain all books, records, documents, reports, and written accounting
procedures pertaining to the services provided and expenditure of funds under this Agreement
for five gears.
O. Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit
of services provided under this Agreement.
:lour Do um ntslContra ts\ 7IJuneteenth Celebration Agreement.do
i
i
6. DIRECTORTMEETINGS
During the term of this Agreement, Organization' hall deliver 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. Organization understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City within
ten 10 working days of approval.
7. SUSPENSION R TERMINATION
A. The City may terminate this Agreement for cause if the Organization violates any
covenants, agreements, or guarantees of this Agreement, the Organization 's insolvency or filing
of bankruptcy, dissolution,,solu.tion, or receivership,. or the Organization's violation of any law or
regulation to which it is bound under the terms of this Agreement. The City may terminate this
Agreement for other reasons not specifically enumerated in this paragraph.
B. The City may terminate this Agreement for convenience at any time. If the City
terminates this Agreement for convenience, Organization will be paid an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination. In no went will
this compensation exceed an amount that bears the same ratio to the total compensation as the
services actually performed bears to the total services of Organization covered by the
Agreement, less payments previously made.
In case of suspension, City shall. advise Organization, in writing, as to conditions precedent
to the resumption of fimding and specify a reasonable date for compliance.
In ease of termination, Organization will remit to City any unexpended City funds.
Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have
arising out of this Agreement.
f
8. EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. Organization will ash all information and reports requested by City, and will
permit access to its boobs, records, and accounts for purposes of investigation to ascertain
compliance with local, State and Federal rules and regulations.
C. In the event of Organization's non-compliance with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Organization may be barred from further contracts with City.
:I ur Documents\Contracts\07\Juneteenth Celebration Agreemen t.d oc
9. WARRANTEES
ORGANIZATION 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
Coty.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Organization on the date
shown on said report, and the results of the operation for the period covered by.the report, and
that since said data, there has been no material change, adverse or otherwise, in the financial
condition of Organization.
C. No litigation or legal proceedings are presently pending or threatened against
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority
under which Organization is doing business or with the provisions of any existing indenture or
agreement of Organization.
E. Organization 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 Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
famished by Organization 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.
10. 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. Organization cannot significantly change the nature, intent, or scope of the
program funded under this Agreement without the prior written approval of the City.
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. An
such modifications are to be automatically incorporated into this Agreement without written
S:\Our Docurnents\Contracts\07\Juncteenth Celebration Agreement. oe
amendment hereto, and shall become a part of the Agreement on the effective date specified by
the law or regulation.
D. Organization agrees to notify City of any proposed change in hysi al location for
work performed under this Agreement at least thirty 3 calendar days in advance of the change.
E. Organization shall notify City of any changes in personnel or governing board
composition.
F. It is expressly understood that the transfer of ftmds between r among programs
of the Organization will not he permitted.
11. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that City is
contracting with Organization as an independent contractor and that as such,
Organization 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, an
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting
in whole or in part from the performance or omission of any employee, agent or
representative of Organization.
I . Organization agrees to provide the defense. four, 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 or employees.
12. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member f its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
perf nnance of services required to be performed under this Agreement. Organization 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. Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his/her position fora purp e
that is or gives the appearance of being motivated by desire for private gain for m elf herself
or others;particularly those with which he/she has family,business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying
� g
out of this Agreement shall participate in any decision relating to the Agreement which affects
SA Our Do uments\Contra.tsl 7 u eteent Celebration Agreement.doc
his personal interest or the interest in any corporation,partnership,or association in which he has
direct or indirect interest.
13. NEPOTISM
Organization 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 Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
step-parent, step-child,half-brother and half-sister.
14. NOTICE
Any notice or other written instrument required or permitted to be delivered under the
terms of this Agreement shall be deemed to have been delivered, whether actually received or
not, when deposited in the United States mail, postage prepaid, registered or certified, return
receipt requested, addressed to Organization or City, as the case may be, at the following
addresses:
CITY ORGANIZATION
City of Denton,Texas Denton Parks Foundation
Attn: George C. Campbell Terry Frushour, Treasurer
215 E.McKinney 321 E.McKinney
Denton, TX 76201 Denton, Texas 76201
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail,return receipt requested.
15. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist in any one 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 Organization. Neither shall such payment,act,
or omission in any manner impair or prejudice,any right,power,privilege, or remedy available to
SAOu Docu ts\Contracts\AN=eteenth Celebmtion Ageement.doc7
City to enforce its fights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement,, assertion, statement,
understanding, or other commitment occurring during the tern of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate,recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement r its governing rules,
codes, laws, ordinances, or regulations, City as the pasty ultimately responsible for natters of
compliance, will have the final authority to render or to secure an interpretation,
F. This Agreement shall be interpreted in accordance with the laves of the State of Texas
and venue of any litigation concerm*ng this Agreement shall be in a court of competent
nt
jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of�--�. -- 52007.
CITY OF DENT T, TEXAS
BY:
GEORGE C. CANT ELL, CITY MANAGER
ATTEST:
JENN11FER WATERS, CITY SECRETARY
Y.
I
I
I
I
APPROVED AS TO LEGAL FO •
■
i
EDWIN M. SNYD , % R TEY
Y.
:\Our documents\ on tracts\07\Juneteenth Celebration Agreement.do
DEN TON 1 PARIS FOUNDATION
Y.
TERRY FRUSH UR
TREASURER
ATTEST.
Y.
ORGANIZATION SECRETARY
:l ur Docum ntsl ont ucts\0 uneteenth Celebration Agreement.doe
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance directing the publication of Notice of Intention to issue
Certificates of obligation of the City of Denton totaling $12,000,000; and providing for an
effective date.
BACKGROUND
This ordinance provides the Notice of Intention to issue City of Denton Certificates of Obligation
Bonds, Series 2007 as required by state law. The notice, which includes a maximum par amount
of $12,000,000, will be published on June 10 and June 17, 2007. These Bonds will provide
funding of $11,500,000 for project cost. The additional $500,000 is for bond insurance
premium, cost of issuance, and underwriters discount. Because the bonds will be sold through a
negotiated sale these costs are paid separately versus a competitive bid sale where the costs are
factored into the rate. Staff is anticipating the additional costs to be less than $500,000, but using
this amount will provide sufficient dollars to cover the cost which must be included in the notice.
The bonds are being sold for the following capital projects and improvements:
$ 2,500,000 Multi Modal Station
1,500,000 Public Safety Training Facility
3,000,000 Vehicle Replacements
1,500,000 Facility Capital Maintenance Programs
25000 Capital Improvement Planning
15000 Technology Improvements for Municipal Courts
2,600,000 Solid Waste
$11,500,000
The intent to sale is $4,700,000 less than originally intended in the 2006-07 CIP. Though
additional projects are included, the decrease is primarily due to the timing associated with the
design and construction of the Public Safety Training Facility. The CO debt changes from the
2006-07 CIP include the following:
1. CIP Planning - $250,000 has been added for engineering and consulting services to
prepare for the next bond election.
1
2. The Public Safety Training Facility ($8,200,000) has been split between the design phase
($1,500,000) and construction ($6,700,000), with the design phase being sold in 2006-07
and the construction phase sold in 2007-08.
3. Facility Capital Maintenance Programs have been increased from $500,000 to $1,500,000
due to necessary repairs for HVAC equipment at City Hall, Animal Services master plan,
and miscellaneous building needs. The following is a breakout of the $1,500,000:
a. $10000—HVAC replacements and chill water line replacement at City Hall.
b. $7500—This funding will be used to prepare a comprehensive Master Plan for a
new animal services facility. The Master Plan will be instrumental in aiding
efforts to plan for and raise funds to build a new facility.
c. $42500—Miscellaneous facility and building improvements.
4. Vehicle Replacements include a reduction of$1.2 million from the original estimate of
$2.4 million, but an increase of$1.8 million for replacement of the fire engines approved
this spring.
5. Municipal Court Technology Improvements -$150,000 has been added due to the need
for improvements in court room security and multimedia equipment.
Though the City is required to issue the notice of intent to sale for the Certificates of Obligation,
the current plan is to sell the certificates of obligation along with the general obligation bonds,
including a bond refunding through a negotiated sale similar to the revenue refunding conducted
this past March. The revenue bonds will be sold by competitive bid. The sale is currently
scheduled for mid July.
The GO funded projects represent the projects approved by the voters in the 2005 Bond Election.
The total anticipated bond amount has been adjusted to reflect the changes necessary to
accommodate project scheduling and represents the most recent recommendation by the
Citizen's Oversight Committee. The GO debt changes from the 2006-07 CIP include the
following:
1. The design phase of FM1830 ($800,000) has been moved to 2007-08 to accommodate
TXDOT widening of Highway 377.
2. Prairie/Robertson Rail Trail Bridge ($269,000) has been moved to 2007-08.
3. Tree Bank& Open Space ($250,000) has been moved to 2007-08.
The following represents the total amount of GO and CO debt to be issued in 2006-07:
ORIGINAL REVISED
2006-07 CIP 2006-07 CIP
General Obligation Bonds - $17,39000 $16,07000
Certificates of Obligation—General Fund $13,600,000 $ 8,90000
Certificates of Obligation— Solid Waste $ 2,600,000 $ 2,600,000
Total $33,59000 $27,57000
Included in the July bond sale is the recommendation that the City refund the following $27.745
million of previously issued GO/CO debt. Currently, it is anticipated that the refunding would
2
have a net present value savings of $987,744 or 3.56 percent which meets the City's policy
threshold for a refunding. The policy states, "the City shall consider refunding debt whenever an
analysis indicates the potential for present value savings of approximately 3.5 percent of the debt
service being refunded or if beneficial to the City in another way." The refunding will only take
place, if at the time of sale, the net present value savings are within the policy guidelines.
Present value savings include all costs associated with the refunding including bond counsel,
financial advisor, and rating agencies.
PROPOSED REFUNDING
1998 G.O. - $ 3,36000
1998 C.O. - $ 59500
1999 G.O. - $ 2,87000
1999 C.O. - $ 2,06500
2001 G.O. - $ 5,72000
2001 C.O. - $ 20500
2002 G.O. - $ 6,49000
2002 C.O. - $ 4,560,000
Total $27,74500
At the same time the GO's and CO's are sold, the Utility System will be selling $16.1 million of
revenue bonds to fund the current year CIP previously approved by the Public Utilities Board
and City Council during the budget process. Staff previously presented to the Audit and Finance
Committee $15 million of revenue bonds, after further review of project cost, staff is
recommending an additional $1.1 million be added to the revenue bond sale.
OPTIONS
1. Approval of the attached ordinance.
2. Not approve the attached ordinance and provide additional input as to the projects to be listed
in the sale and amounts to be funded.
RECOMMENDATION
Staff recommends approval of the attached ordinance for the intent to sale certificates of
obligation.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
The Audit/Finance Committee recommended approval (2-0) at the May 15, 2007 meeting.
FISCAL INFORMATION
The ordinance is for the authorization to publish the intent to sale $12,000,000 of certificates of
obligation. An intent to sale is only required for the certificates, the general obligation bonds
were approved by the voters in the last CIP election and there is no statutory requirement to post
an intent to sale revenue bonds.
3
EXHIBITS
1. Ordinance
2. Amended 5-Year CIP
Respectfully submitted,
Jon Fortune
Assistant City Manager
4
ORDINANCE NO. 27-
AN ORDINANCE
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON;
AND PROVIDING FOR AN EFFECTIVE DATE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON i
VMEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of
Obligation be given as hereinafter provided.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section I. "That attached hereto is a f nn of'NOTICE OF INTENTION TO ISSUE CERTIFICATES
OF OBLIGATION OF THE CITY OF DENTON",the form and substance of whieh are hereby adopted and
approved,.and made a part of this Ordinance for all purposes.
Section II. That the City Secretary shall cause said NOTICE, in substantially the form attached
hereto,to be published once a week for two consecutive weeks in a newspaper of general circulation in the
City,with the date of the first publication to be at least thirty--one I days before the date tentatively set for
the passage of the Ordinance authorizing the issuance of such Certificates of Obligation.
Section III. That this Ordinance shall become effective immediately upon its passage and approval.
4K i ►
PASSED AND APPVFD this the 5th day of Jane,2007.
Perry McNeill,Mayor .._.
ATTEST:
Jennifer Walters,City Secretary
APPROVED AS TO LEGAL AL1 F RM:
Edwin M. Sn ,City Attu y
By:
TIE STATE OF TEXAS
COUNTY OF DENTN
CITY OF DENT ON
NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
OF TIE CITY OF DENTN
THE CITY OF DENT ON in Denton County,Texas, hereby gives notice f its intention t issue
CITY OF DENT ON CERTIFICATES OF OBLIGATION,in accordance with the Certificate of Obligation
Act of 1971, as amended and codified, and other applicable laws, in the maximum principal amount of
12,000,000 for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant
to contracts for the purchase,construction and acquisition of certain real and personal property,to wit: a
design,construction and equipping of a public safety gaining facility; b renovations and improvements to
existing City buildings, including the acquisition and installation of replacement heating, venting and air
conditioning equipment; c improvements to the City's solid waste disposal system and acquisition ofrelated
equipment-, d acquisition and installation of security,multi-media and other technology equipment for City
buildings, including the municipal court in City Hall East; (e) of fire engines and vehicles and
equipment for the City's motor pool; construction and equipping of a multi-modal transit station;and also
for the purpose of paying all or a portion of the City's contractual obligations for professional services,
including engineers,architects,attorneys,neap makers,auditors,and financial advisors,in connection with
the preparation of the City's Capital Improvement Plan(including an animal services facilities master plan),
and with said Certificates of Obligation. The City proposes to provide for the payment of such Certificates
of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from
certain surplus revenues(not to exceed 10,000 in aggregate amount)derived by the City from the ownership
and operation of the City's Utility System(consisting of the City's combined waterworks system, sanitary
sewer system, and electric light and power system). The City Council of the City tentatively proposes to
authorize the issuance of such Certificates of Obligation at a meeting commencing at 630 p.m.on the 17th
day of July,2007,in the City Council room at the Municipal Building(City Hall),215 E.McKinney,Denton,
Texas.
CI'T'Y OF DENT N, TEXAS
Jennifer I . Walters,
City Secretary
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AGENDA INFORMATION SHEET
AGENDA DATE: June 5,2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-8232
SUBJECT
Consider approval of a resolution allowing Kramerov Beverages, Inc. to be the sole participant
allowed to sell alcoholic beverages at the Makalani Movement Music Festival/Juneteenth
Celebration on June 9, 2007, upon certain conditions; authorizing the city manager or his
designee to execute an agreement in conformity with this resolution; and providing for an
effective date. The Parks, Recreation and Beautification Board recommend approval with a vote
of 5-0 contingent on him obtaining all TABC licenses and permits through a licensed vendor and all
other pertinent documentation before submitting the recommendation to City Council.
BACKGROUND
Makalani Jones, with the Makalani Movement Music Festival/Juneteenth Celebration, is
requesting to sell alcohol at this first time event and allowing Kramerov Beverages, Inc. to be the
sole proprietor of this product. The Kramerov Beverages, Inc. will be responsible for rental of
the booth spaces, obtaining an alcohol license, insurance, and security from the Denton Police
Department.
The Makalani Movement Celebration event is an African-American cultural festival to be held in
Quakertown Park. The event will include African storytelling, live music, African drum and
music forms, food and delicacies from the African-American community. Twenty bands from as
far away as Portland, Oregon and Denver, Colorado, to bands from Denton, Dallas, and the Fort
Worth metroplex will be featured at the one-day event. The event runs from 9:00 a.m. - 9:00 p.m.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Parks, Recreation and Beautification Board recommends approval with a vote of 5-0 contingent
on him obtaining all TABC licenses and permits through a licensed vendor and all other pertinent
documentation before submitting the recommendation to City Council..
EXHIBITS
1. Proposed Resolution
2. Letter of Request
3. Quakertown Agreement
4. Parks, Recreation and Beautification Board Minutes of May 7, 2007
Makalani Movement Music Festival/Juneteenth Celebration
Page 2
Respectfully submitted:
lka'
004maww-
Emerson Vorel
Interim Director of Parks and Recreation
Prepared by:
Janie McLeod
Community Events Coordinator
sAour d um nts r s l tions r akalanl movement music festival alcohol sell.doc Exhibit I
RESOLUTION NO.
A RESOLUTION ALLOWING KRAMEROV BEVERAGES INC. To BE THE SOLE
PARTICIPANT ALLOWED To SELL ALCOHOLIC BEVERAGES AT THE MAKALANI
MOVEMENT T MUSIC FESTIVAL JU IETEEI TH CELEBRATION ON JUNE % 20075 UPON
CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER xER. R HIS DESIGNEE T
EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND
PROVIDING FOR AN EF'FECTIV'E DATE.
WHEREAS, the City of Denton "City's) is the owner of the Quakertown Park; and
WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park
pursuant to City of Denton Code, §22-32 b ; and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the Makalani Move ment Music Festival Juneteenth Celebration;
and
WHEREAS, George Kramerov, doing business as Kran erov Beverages Inc. (called
"Kramerov's") has requested that they be the sole participant allowed to sell alcoholic beverages
at this ear's Makalani Movement Music Festival Juneteenth Celebration on June 9, 2007; and
WHEREAS, the Parks, Recreation, and Beautification Board has recommended that
Kramerov's be the sole participant allowed to sell alcoholic beverages at the Makalani
Movement Music estival Juneteenth Celebration; and
WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and
Beautification Board;NOW, THEREFORE,
THE COUNCIL CIL of THE CITY of DEN TON HEREBY RESOLVES:
SECTION 1. Kramerov's shall be the sole participant allowed to sell alcoholic beverages
at the Makalani Movement Music Festival Juneteenth Celebration on June 9, 2007 at the
Quakertown Park upon the following conditions:
I. They shall be responsible to obtain the temporary license and
permit for selling alcoholic beverages approved by appropriate
state agency;
2. They shall provide the security necessary for the sale of alcoholic
beverages;
3. They shall provide general comprehensive liability insurance from
a responsible carrier, with the City as an additional insured, in the
amount of$500,000,00;
4. They agree to indemnify the City of Denton against any liability
incident to the selling of alcoholic beverages at the Makalani
Movement Music Festival Ju.neteenth Celebration.
s our doc meats resoiutiorrs 07 rmakalani movement music festival alcohol s ll.doc
SECTION 2. The City Manager or his designee is authorized to execute an agreement in
conformity with this Resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereof by reference.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER'SALTERS, CITY SECRETARY.
Y:
APPROVED AS TO LEGAL FORM:
EDWIN M. SN YDER, CITY ATTORNEY
Y:
PP
Page 2 oft
Exhibit 2
KRAMEROV BEVERAGES INC
501 F35t South St.
Arlington TX-760 10
17-938-728311
Kri.merov5q, aol.corn
May 25*2W7
On O&OM7 KramerovBevernes Inc.,would like to be the alcolio1 beverage vendor
for The M.Aalani Movement Music Feral.
A thank you very mutt ft t
George Kramew
Catering F'erMit#CB518024
. --- --.---'..- - ----- �.s.�.�...r 1 •� �. ...�.y�..�...,�...�..r.�.rte. .r.......r.�.....»...�.,r.».+.... ��rir ---�..� =...+».n..�..rr.,r.. ..y•.w•V%V .
Exhibit 3
sAour do uments\contracts\07\makalani movement music festival contra t.do
QUAKERTOWN PARK AGREEMENT FOR
THE MAKAEAI I MOVEMENT MUSIC FESTIVAL/JUNETEENTH CELEBRATION
STATE of TEXAS
COUNTY OF DENTON
This Agreement, made this day , 2007, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY'' and George
Kramerov, doing business as KRAMER V BEVERAGES INC. (called `ERR MER V'S").
vITNESSET , that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to KRA1 ER V"S the exclusive privilege to sell alcoholic beverages,
subject to the exceptions and conditions hereinafter set forth, for the I al alani Movement 1 usic
F stival Juneteenth Celebration on June 9,, 2007, to be held at the Quakertown Park. Attached
hereto and made a part hereof by is a copy of the resolution passed by the City Council
Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the
l al al ni Movement Music F stival Juneteenth Celebration set for the year 2007.
ARTICLE 2
SCOPE OF SERVICES
KRAMER W S in order to exercise the privilege to sell alcoholic beverages must
perform the following:
A. KRAMER W S shall be solely responsible for the rental and payment for any booth
space necessary for the sale of alcoholic beverages at the Mal alani Movement Music
FestivalJuneteenth Celebration.
B. KRAI ER ''S shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the Ma alai Movement Music
FestivalJuneteenth Celebration.
C. KRAMER V'S shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the Mak lani Movement Music
FestivalJunotoenth Celebration.
I RAMER W S failure to do any of the above and to shag proper proof of compliance
shall waive their right to exercise the privilege of selling alcoholic beverages at the
Makalani Movement Music Festival Jun teenth Celebration.
ARTICLE E 3
LOCAL KNEES AND REGULATION
KRAM R W S agrees to abide by all municipal, counter, state and federal lags,
ordinances, rules and regulations and specifically, without limitation, the Quakertown lark Rules
and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to
comply with the requirements of any duly authorized person acting in connection therewith.
I RAM R W S shall pay all taxes, if any, of every nature nd description arising out of or in
any manner connected with the sale of alcoholic beverages.
RRAM R W S will exercise reasonable care and due diligence in their sale of alcoholic
beverages at the Mal alani Movement Music e tival uneteenth Celebration.
ARTICLE
INDEMNITY AGREEMENT
T
KRAM R W S shah indemnify and save and hold harmless the CITY and its officers,
agents, and employees from and against any and all liability, claims, demands, losses, and
expenses, including but not limited to, court costs and reasonable attorney fees incurred by the
CITY, and including, without limitation, damages for bodily and personal injurer, death and
property damage, resulting from the negligent acts or omissions of KRAM ROWS or its
officers, shareholders, agents, or employees in the execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, KRAM R W S shall maintain the following
insurance with an insurance company licensed to do business in the State of Texas by the State
Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at
least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
100,000 in the aggregate,
B. KRAM R W S shall furnish insurance certificates or insurance policies at the CITY'S
request to evidence such coverages. The insurance policies shall name the CITY as n
11 akala i Movement Music Festival Agreement—Page
additional insured on all such policies, and shall contain a provision that such insurance
shall not be canceled or modified without written notice to the CITY and
KRAM R V'S, In such event, KR M R V'S shall, prior to the effective date of the
change or cancellation, serve substitute policies furnishing the sane coverage.
ARTICLE
NOTICES
All notices, communications, and reports required or permitted under this Agreement
t
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mall, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three days' mailing:
To KRAM ROWS: To CITY:
r ramerov Beverages Inc. City of Denton
George Krarery City Manager
501 East South St. 215 E. McKinney
Arlington, {Texas 76010 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
giver, or within three days' mailing.
ARTICLE
ENTIRE AGREEMENT
This Agreement, consisting of five pages and one 1 exhibit, constitutes the complete
and final expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which
may have been made in connection with the subject matter hereof.
ARTICLE
SEV RA ILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to he invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such evert,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
M 1 alani Movement Music Festival Agreement—Page
ARTICLE
DISCRIMINATION PROHIBITED
In performing the services required hereunder, KRAMEROWS shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE 1
PERSONNEL
A. K AMEROW S represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel shall
not be employees or officers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
KRAME V'S shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, no ation, or otherwise) without the prior
mitten consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall he valid unless in writing and duly executed by the party to he charged
therewith, and no evidence of any waiver or modification shall he offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this ,Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
he waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement: (list exhibits)
Exhibit" " Resolution Igo.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
C. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
Mal al ni Movement Music Festival Agreement—Page
III WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and RRAMER ''S has executed this Agreement
through its duly authorized undersigned officer on this the day o ,
2007.
CITY"OF DENTON, TEXAS
GEORGE C. CAMPBELL, CITY"MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Y-.
APPROVED S TO LEGAL FORM:
EDWIN M. SNY ER, CITY ATTORNEY
Y:
RRAMER V BEVERAGES INC.
Y:
GEORGE RRAMERG'
WITNESS:
Y:
Makalant Movement t Music Festival Agreement T Page
Exhibit 4
1 DRAFT
2
3 Parks, Recreation and Beautification Board
4 Minutes
5 May 7, 2007
6 Civic Center Conference Room
7
8 Members present: Teresa Andress,Dale Conway,Reggie Heard,Jo Kuhn,Ross Richardson.
9 Members absent: Carol Brantley,Allyson Coe
10 Staff present: Emerson Vorel,Bob Tickner, Cindy Mayo,Mary Aukerman.
11
12 Chairwoman Teresa Andress called the meeting to order at 6:03 p.m.
13
14 Since Mr.Makalani Jones was present, Teresa asked for a motion to reorder the agenda to allow him to speak
15 first. Jo made the motion to reorder"Action Item b"to the top so that Mr. Jones could make his presentation
16 to the Board;Dale seconded the motion and the agenda was revised.
17
18 ACTION ITEMS:
19 b) Consider a request from Makalani Jones to sell alcohol beverages at Makalani Movement Music
20 Festival in Quakertown Park for Juneteenth Celebration. - Mr. Jones made a presentation to the
21 Board regarding this first time event, outlining the music, cultural food and vendors he expects to
22 participate. He is trying to pair with a vendor to sell alcoholic beverages at this event and has
23 contacted both Meltzer's and Mi Casita but has no confirmation at this time. He presented a brochure
24 highlighting the features of the event, as well as a letter he plans to send to businesses for
25 sponsorships. An admission fee will be charged for the event. When asked about insurance and the
26 other items needed for the event as outlined in the action item, Mr. Jones said that this project is still a
27 work in progress. First aid and information stations will be available. He hopes to have everything in
28 order seven days before the event. He sees only beer being sold at the event at this time. The
29 Makalani Movement does not have 5016 status at this time. Mr. Jones thanked the Board for their
30 time and attention.
31
32 Upon Mr. Jones departure,the meeting returned to its usual format.
33
34 AWARDS AND RECOGNITIONS:
35 Emerson Vorel informed the board that Cindy Mayo had passed all the tests and is now a registered
36 Landscape Architect in the State of Texas.
37
38 APPROVAL OF MINUTES OF APRIL 2, 2007 MEETING: No corrections were indicated so the
39 minutes will stand as written.
40
41 ACTION ITEMS:
42 a) Accept the recommendation for the selection of George Cadell as the artist for the most recent
43 public art sculpture for the City of Denton. — A packet of pictures and a CD was sent to the Park
44 Board for their review prior to the meeting and a scale model of the statue was at the meeting. It is
45 proposed that the sculpture be placed on a platform in the plaza at City Hall East. The statue, in
46 keeping with the Sesquicentennial theme, depicts the various stages of Denton's growth.
47
48 MOTION: Jo Kuhn made a motion to accept the recommendation of George Cadell as the artist for
49 the most recent public art sculpture for the City of Denton; Ross Richardson seconded the motion and
50 it passed with a vote of 5-0.
51
February 2007
I b) Consider a request from Makalani Jones to sell alcohol beverages at Makalani Movement Music
2 Festival in Quakertown Park for Juneteenth Celebration. — A discussion was held regarding the
3 vendor selected to sell alcohol because the Board wants someone that is reliable, dependable and
4 reputable to sell the alcohol. This is not in conjunction with the other Juneteenth parade and
5 celebration and not co-sponsored by the City of Denton.
6
7 MOTION: Reggie made a motion to recommend to City Council the approval of the request for
8 Makalani Jones to sell alcohol beverages at the Makalani Movement Music Festival in Quakertown
9 Park for Juneteenth Celebration, contingent on him obtaining all TABC licenses and permits through
10 a licensed vendor and all other pertinent documentation before submitting the recommendation to
11 City Council; Ross seconded the motion. The Board passed the motion with contingencies with a vote
12 of 5-0.
13
14 DISCUSSION ITEMS:
15 a) Review Parks Renaming Policy — Emerson brought a folder of renaming policies from other cities
16 and told the Board that he will present a draft consolidating the items staff feels needs to be added at
17 the next Board meeting on June 4th
18
19 Teresa left the meeting at 6:50 and turned it over to Jo, co-chair.
20
21 DIRECTOR'S REPORT
22 PROJECT STATUS REPORT—Senior Center Feasibility Study. The kickoff meeting was held April
23 18th.A public meeting is scheduled for Thursday,May 31 at 6:30 p.m.to gather public comment. A
24 separate meeting will be held with staff on programming.Another public meeting will be held after all the
25 comments have been compiled. Several options are being considered.
26
27 Avondale Park Bridge project—Ross Richardson said there should be a disk coming from FEMA.
28
29 Cedar Street Streetscape project—Bids will be open on May 8,2007.
30
31 Rail Trail—Denton County Transit Authority intends to have trains running by the end of 2010. Bob
32 personally has driven the entire Board down the trail so they can stand in front of business groups and
33 say they have been on the trail. The crossing on 288 will be an"at grade" crossing.
34
35 COMPLETED PROJECTS:
36 Civic Center Pool Enhancement—The pool has been filled with water.
37
38 KEEP DENTON BEAUTIFUL
39 Director's Report — This is a very busy time for KDB which is outlined in the report. The Board was
40 encouraged to read the events in the attached report.
41
42 Letter from Bettye Myers of the Denton Parks Foundation - Jo wanted to address the letter from the
43 regarding their efforts to support improvement or expansion to Water Works Park to meet the aquatic
44 recreation needs of Denton. She thought that a letter of response should be sent. Emerson will draft a letter on
45 behalf of Teresa Andress for her signature.No action by the Park Board is required.
46
47 ITEMS FOR UPCOMING MEETINGS: -Park renaming policy draft.
48
49 There being no further business, Ross Richardson made a motion to adjourn, Reggie Heard
50 seconded the motion and the meeting adjourned at 7:05 p.m.
February 2007
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Planning and Developmen
ACM: Howard Martin, 349-8230
SUBJECT— SI06-0003 (Denton and Corinth City Boundary Adjustment)
Hold a public hearing and consider adoption of an ordinance regarding adjusting the
jurisdictional boundary between the City of Denton and the City of Corinth. The boundary
adjustment would result in transferring 0.961 acres from the City of Denton to the City of
Corinth. The Planning & Zoning Commission recommends approval (7-0).
BACKGROUND
Applicant: Adams Engineering Southlake, TX
On July 12, 2006, Adams Engineering on behalf of 777 Lakes L.P. the developer of Lake Sharon
Estates in the City of Corinth submitted a formal request for a boundary adjustment to the City of
Denton. The purpose of the request is to facilitate negotiations with the developer and the City
of Corinth for the design and construction of Lake Sharon Drive, a proposed 4-lane divided
roadway within an 84-foot wide right of way (see Exhibit 2). If approved, the Lake Sharon
Drive right of way would be entirely contained within the City of Corinth.
The request for the boundary adjustment has been sent to the following departments: Real Estate,
Denton Municipal Electric, Engineering, and the City Attorney's Office for their review. All
departments concluded that no negative impact would result from the boundary adjustment.
Engineering is requesting that an easement be provided for future utilities serving the
development to the north. Future developments within the City of Denton will have access and
use of the roadway.
The proposed Lake Sharon Drive veers north as you travel from east to west due to the location
of an existing City of Corinth pump station and Lake Sharon. The applicant and/or the City of
Corinth would be responsible for the construction and maintenance of the 4-lane divided
roadway, the City of Denton would have no further maintenance responsibilities. The proposed
roadway will serve as the primary access to a proposed residential development, Lake Sharon
Estates Phase III, within the City of Corinth west of the waterway (see Exhibit 3).
Subsection 43.031 of the Texas Local Government Code provides authority to adjacent
municipalities to change boundaries by agreement for areas that are less than 1,000 feet in width.
The proposed boundary adjustment is approximately 54 feet in width.
On December 19, 2006, City Council held a work session to discuss the proposed boundary
adjustment between the City of Denton and the City of Corinth. Council directed staff to
proceed with the boundary adjustment.
On January 24, 2007, Planning and Zoning Commission recommended approval of the proposed
boundary adjustment between the City of Denton and the City of Corinth (7-0).
On May 17, 2007, the City of Corinth City Council approved an ordinance regarding the
jurisdictional boundary adjustment between the City of Denton and the City of Corinth(4-0).
PRIOR ACTION/REVIEW
December 19, 2006 City Council Work Session
January 24, 2007 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
Planning and Zoning Commission recommends approval of the proposed boundary adjustment
between the City of Denton and the City of Corinth (7-0).
EXHIBITS
1. Staff Analysis
2. City Limit Exhibit
3. Aerial Zoning Map
4. Letter from the Applicant
5. Correspondence from Pulte
6. Correspondence from Developer
7. Ordinance/Boundary Adjustment Agreement
8. Planning and Zoning Commission 1/24/2005 public hearing minutes
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning and Development
Prepared by:
i�
.. .. .. .. .. .. ..
•t
ot
Ron Menguita
Planner III
EXHIBIT 1
PLANNING& DEVELOPMENT
STAFFANAL YSIS
CASE NO: SI06-0003 DATE TO BE CONSIDERED: June 5, 2007
LOCATION: The subject property is located west of Oakmont Drive and east of the
future alignment of FM 2499.
APPLICANT: Adams Engineering
500 Nolen Drive, Suite 550
Southlake, TX 76092
OWNER: Pulte Homes of Texas, L.P.
1234 Lakeshore Drive, # 750A
Coppell, Texas 75019
REQUEST: Consider adoption of an ordinance regarding adjusting the jurisdictional
boundary between the City of Denton and the City of Corinth.
STAFF RECOMMENDATION: The Planning & Zoning Commission recommends approval
of the jurisdictional boundary adjustment.
ZONING Planned Development(PD-111)
DISTRICT:
COMPREHENSIVE PLAN The subject site is located within a Neighborhood Centers future
DESIGNATION: land use designation. Neighborhood Center future land use
designation is described in the Denton Plan as follows: "The focus
area of a neighborhood center contains facilities vital to the day-
to-day activity of the neighborhood. A neighborhood center might
contain a convenience store, small restaurant, personal service
shops, church or synagogue, daycare, individual office space, a
small park, and perhaps and elementary school. These diverse
facilities are ideally located in close proximity to one another in
the center, so that all the essential neighborhood facilities are in
one convenient location, accessible in a single stop or by walking
or biking. It includes vertically integrated uses where different
uses may occur on each floor of the building."
SITEAND SURROUNDINGS: The property is currently undeveloped.
North: Planned Development(PD-111)—undeveloped residential zoning
South: City of Corinth—Proposed Lake Sharon Estates Phase III
West: Planned Development(PD-111)—undeveloped residential zoning
East: City of Corinth
BACKGROUND INFORMATION:
The purpose of the request is to facilitate negotiations with the developer and the City of Corinth
for the design and construction of Lake Sharon Drive, a proposed 4-lane divided roadway within
an 84-foot wide right of way. If approved, the right of way would be entirely contained within
the City of Corinth. Future developments within the City of Denton will have access and use of
the roadway.
ANAL YSIS:
The proposed jurisdictional boundary adjustment will facilitate the construction of Lake Sharon
Drive from Oakmont Drive to the future FM 2499. This east/west connection is needed and will
serve future developments within the City of Denton.
The jurisdictional boundary adjustment request is in compliance with the Denton Plan.
DEPARTMENT AND AGENCY REVIEW:
The request for the boundary adjustment has been sent to the following departments: Real Estate,
Denton Municipal Electric, Engineering, and the City Attorney's Office for their review. All
departments concluded that no negative impact would result from the boundary adjustment.
FINDINGS:
Pursuant to Subsection 43.031 of the Texas Local Government Code provides authority to
adjacent municipalities to change boundaries by agreement for areas that are less than 1,000 feet
in width. The proposed boundary adjustment is approximately 54 feet in width.
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From: Zac Thompson [Zac.ThompsongPulte.com]
Sent: Tuesday, December 19, 2006 10:25 AM
To: eraygzenaland.com
Subject: Future Lake Sharon Drive
Ernie
This email is intended to confirm Pulte Homes' awareness of the future plans to extend Lake
Sharon Drive from FM 2499 to Oakmont Drive. However,we are in the process of selling
our existing parcel and will not commit to any involvement in the development of Lake
Sharon Drive. It is our expectation that Pulte Homes and/or the new owner of the tract will
not have a financial obligation to develop any portion of Lake Sharon Drive.
Please let me know if you have any questions.
Zac Thompson
Land Acquisition
Pulte Homes of Texas,L.P.
1234 Lakeshore Drive,#750A
Coppell,Texas 75019
Office: (972) 304-2803
CONFIDENTIALITY NOTICE: This email may contain confidential and privileged
material for the sole use of the intended recipient(s) . Any review, use,
distribution or disclosure by others is strictly prohibited. If you have
received this communication in error, please notify the sender immediately by
email and delete the message and any file attachments from your computer.
Thank you.
From: "Ernest Ray III" <eray @zenaland.com>
To: " 'Ron Menguita' " <Ron.Menguita @cityofdenton.com>
Date: 1/16/2007 12: 08:22 PM
Subject: RE: Lake Sharon Dr.
Ron:
As the developer of Lake Sharon Estates, Phases 1 & 2, prior to the
completion of Phase 3 we will abide by whatever the City of Corinth
instructs concerning Lake Sharon Dr. , from Oakmont to F.M. 2499.
This company has already committed a great deal of land to Denton County,
for future use on F.M. 2499, and are equally committed to the construction
of Lake Sharon Dr. as this road is necessary to us as a means in ingress and
egress for Phase 3 of Lake Sharon Estates.
Thanks,
Ernie Ray
Ernie Ray III
Director of Development
Zena Land Development
218 W. Wall St.
Grapevine, TX 76051
eray @zenaland.com <mailto:eray @zenaland.com>
Direct office - 817-873-0520
Fax - 817-421-6910
Cell- 972-979-5827
Confidentiality Note: This e-mail and any files transmitted with it are
confidential and intended solely for the use of the individual or entity to
which they are addressed. If you are not the intended recipient or the
person responsible for delivering this message to the intended recipient,
please consider this as legal notification that copying or any dissemination
of the message or any attachments is strictly prohibited, and delete it from
your system after notifying the sender of error. E-mail transmission is not
guaranteed secure or free from errors, therefore the sender does not accept
liability for content or circulation errors which may arise.
.Oaf sAour documents\ordinances\07\corinth boundary agreement ord.doe
ORDINANCE NO.
AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN
THE CITY OF DENT ON AND THE CITY OF CORINTH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton and the City of Corinth desire to amend the future
mutual boundary as set forth in that certain. Boundary Adjustment Agreement attached hereto
and made a part hereof as Exhibit"A" (the "Agreement"); and
WHEREAS, Section 43.031 of the Local Go en rent Code allows cities to enter into
mutually agreeable boundary changes if the width of the area does not exceed 1,000 feet; and
WHEREAS, the City Council finds that the Agreement and the adjustment to the fture
mutual boundary is in the public interest;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby approves the Agreement
and authorizes the Mayor, or his designee to enter into the Agreement on behalf of the City of
Denton.
SECTION 3. This ordimnce shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this, the day of 2007.
PERRY R. Mc1 EILL MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS To LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. .
IT 4"N'
THIS AGREEMENT is made and entered i*n to by and between the CITY OF DENTON,
TEXAS, here' referred to as "Denton", and the CITY OF CORP4TH, TEXAS,herekafter
re ened to as"CorintV.
WHEREAS, pwsuant to §43.031 of the Texas Local Goverment Code, Denton and
Cofinih desire to adjust the future mutual boundary pwsuant to his Agreement;and
AREAS,the land affected by this cue is less Om 1,000 feet width- and
WBEREAS, the govenung des of Denton and Corinth find that the adjusted fit=
mutual boundary is In the public interest.
NOW THEREFORE, in eonsidera on of the mum covets, conditions, and promises
expressed herein, Denton and Cofinth agree as follows:
SECTION L
Future Mutual.Boundary
Denton and Corinth hereby agree that their Future Mutual Boundary shall be as described
in Exhibit "A" which is attached hereto and made a part of hereof by reference. In this regard,
each waives,releases and re ubshes its jur"sdictionM rights to the other with refit to the side
of the Future Mutual Boundary that is located in the other city's future territory as described on
Exhibit A". It is expressly agreed that this giver and release shall only operate in favor of
Eton and Cori , and shall not constitute a rawer or release of any right which Denton and
Corinth may he able to msert 14agalnst another u city.
SECTION 11.
Jurisdiction over Connections and Connectivity along Future Lake Sbaron eve
For developments wig.Eton's adjusted city limits which front the adjusted boundary,
it is understood and agreed that Denton shall jurisdiction, and apply its own.
development standards internal to these subdivisions, specifically Mud g, but not lam ed to,
development standards and des* criteria Bch be the necessity and location of
connections to the future Lake Sharon wive. However, widiin the adjusted area,-Cofinth
retain exclusive Jurisdiedon axed control over the future Lake Sharon eve, and the design,
construction and permitting of any connections thereto, including those connections required by
subdivisions wiflfin Denton's city lets. Provided that the developers of such Eton
subdivisions meet the reasonable requirements imposed by Corinth for either tempos or
percent as appropriate) connection to the futt a Lake Sin Drive, and provided that
Corinth's requirements are not mconsiste .t with the subdivision requirements and design criteria
imposed upon such developers by Denton during the development review process, such pets
will not be unreasonably withheld. Upon satisfactory completion of such connections to
i
i
Comet 's specifications, C nth shall so notify Demon's City ngffieer, and such notification
sal be consider by Denton as satisfactory of the connecdon requimme t.
SECTION 111,
Svebiit
Should any provision of this Agreement be declared void by a cow of competent
jun"sdicfim the re p v� ,s ox this�.� .e t s�1 full force and effect.
SECTION IV.
Approval by Governing Beres �
Eton and Corinth represent to each other that their respective goveming bodies have
approved this Agreement y ordinance or resolution as set fob belo w.
SIGNED this of 2007.
CITY OF DENTON,TEXAS
Y
PERRY R, MNE , MAYOR
ATTEST:
JENNIFER WATERS, CITY SECRETARY
Y:
,APPROVED AS TO LEGAL FORM:
EDP R
NEY
"PROVED BY DENTON. iNANuNo.
CITY OF CO TEXAS
%���q■�■#�� �
0 IF C 9�y ��
z
* BY MAYOR
_ lb
e %
AST| '®'e■■®-'
.if,to#11 410W.1wo�
BY.
CITY S RETAJ6 `
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, CITY ATTORNEY
BYE
Condon I
Page 21 Page
1 COMMISSIONER STR-ANGE, Next item wili be 1 of the property in question been notified and what is
Item No. 3C,which 1s an adjustment to the
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: Planning and Developme
ACM: Howard Martin, 349-823
SUBJECT - Z06-0035 (Country Club Village Overlay)
Hold a public hearing and consider the adoption of an ordinance concerning the creation of an
overlay district for approximately 77.628 acres located on the east side of Fort Worth Drive at
Fairway Drive. The proposed overlay district will deviate from development standards of the
Denton Development Code concerning lot coverage and setbacks and provide additional
architectural standards to allow larger homes than is currently allowed on the subject property.
The property is within a Neighborhood Residential 2 (NR-2) zoning district. The Planning and
Zoning Commission recommends approval (7-0).
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
This request was first heard by the Planning and Zoning Commission on April 25, 2007.
Residents of Country Club Village Phase 1 submitted a petition requesting a neighborhood
meeting to discuss the proposed residential overlay district and the proposed rezoning of 6.796
acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential
Mixed Use (NRMU) zoning district located at the entrance of the subdivision and also owned by
Carmen Investments.
The neighborhood meeting was held on May 2, 2007 at the Country Club Village model home.
Twenty seven residents were in attendance. The applicant and residents discussed the size of
some of the proposed lots and the proposed 8 foot side yard setbacks. The current residents
believe the proposed 8 foot side yards would not produce the same visual effect as the required
10 foot side yards. The applicant requested staff amend the proposed overlay district to allow the
8 foot side yards on lots that front on streets located to the south of the existing Fairway Drive.
All proposed lots fronting on Fairway Drive and Club View Drive would meet the current
Development Code requirements of 10 foot side yard setbacks. (See Exhibit 8).
The applicant is requesting an overlay district to deviate from requirements in the Denton
Development Code (DDC) regarding lot coverage, side yard setbacks, block length and cul-de-
sac lengths. The purpose of this request is to allow the development of larger homes than could
be built under the current regulations and match the existing residential standards being
developed in Phase 1 of the subdivision. The overlay district will include more stringent
architectural and site design standards than is currently required by the DDC. The property is
within a Neighborhood Residential 2 (NR-2) zoning district and no deviations from the NR-2
requirements concerning density are proposed. The subject property is currently unplatted and
will require a preliminary and final plat to develop future phases of Country Club Village.
All Country Club Village phases were part of a General Development Plan (GDPOI-0004)
approved in 2001. Phase 1 of Country Club Village was platted in 2003 and about one half of the
60 platted lots are developed. The approved General Development Plan for Country Club Village
expired on September 10, 2005. Therefore all future phases will be developed under the current
development standards. Phase 1 was developed under the previous development code which
calculated lot coverage differently than the current code. (See Exhibit 1). The previous code
allowed larger homes to be developed on the lots in future phases.
The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all
residents within 200 feet of the subject property. As of this writing, two responses have been
received from property owners within 200 feet of the subject site. One property owner in favor
of the request and one in opposition were received. Other letters were received from property
owners/citizens from further than 200 feet from the subject property. (See Exhibit 10).
PRIOR ACTION/REVIEW
April 25, 2007 Planning and Zoning Commission public hearing
May 9, 2007 Planning and Zoning Commission public hearing
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this overlay district(7-0).
EXHIBITS
1. Staff Analysis
2. Overlay District Features
3. Location Map
4. Existing Zoning Map
5. Future Land Use Map
6. Letter From Applicant
7. Conceptual Site Plan
8. Proposed Lots with 10 Foot Side Yard Setbacks
9. Notification Information
10. Responses to Notification of Public Hearing
11. Site Photographs
12. Planning and Zoning Meeting Minutes April 25, 2007
13. Planning and Zoning Meeting Minutes May 9, 2007
14. Ordinance
2
Respectfully submitted:
Brian Lockley, AICP
Interim Director, Planning and Development
Prepared by:
Lori Shelton, AICP
Planner II
3
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z06-0035 DATE TO BE CONSIDERED: June 5, 2007
LOCATION: The subject property is located on the east side of Fort Worth Drive at
Fairway Drive.
APPLICANT: Spring Brook Planning Group
2405 Mustang Drive
Grapevine, TX 76051
OWNER: Carmen Investments, Inc.
13069 St. John Road
Pilot Point, TX 76258
REQUEST: Consider adopting an ordinance concerning the creation of an overlay
district for approximately 77.628 acres located on the east side of Fort
Worth Drive at Fairway Drive. The proposed overlay district will
deviate from development standards of the Denton Development
Code concerning lot coverage and setbacks and provide additional
architectural standards to allow larger homes than is currently
allowed on the subject property.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
overlay district request (7-0).
COMPREHENSIVE Neighborhood Center
PLAN DESIGNATION:
SITE AND The property is located on both sides of Fairway Drive to the
SURROUNDINGS: southwest of Phase 1 of Country Club Village. The property is
undeveloped and unplatted. There are two ponds with fountains in
each pond on the subject property that serve as part of the subdivision
entrance.
North: Neighborhood Residential (NR-2); undeveloped and developed
residential, Country Club Village Phase 1
South: Neighborhood Residential (NR-2); undeveloped and Neighborhood
Residential Mixed Use (NRMU); undeveloped and low density
residential. ETJ; developed gas well
East: Neighborhood Residential (NR-2); developed residential as
Country Club Village Phase 1
West: Neighborhood Residential (NR-2); undeveloped
4
BACKGROUND A General Development Plan (GDPO 1-0004) was approved for all
INFORMATION: phases of Country Club Village in 2001. Phase 1 was platted in 2003
and about one half of the 60 platted lots are currently developed. The
approved general development plan for Country Club Village expired
September 10, 2005, therefore the remaining phases must be
developed under current development standards.
Phase 1 was developed under the previous development code which
calculated lot coverage differently than the current code and therefore
allowed larger homes to be developed on the sites than could be built
under the current code. Under the previous Zoning Ordinance,
Country Club Village was within a SF 16 zoning District. Lot
coverage within a SF16 zoning district could not exceed 35% of each
lot. However, only the main structure and accessory structures were
calculated as lot coverage. Side yard setbacks under the SF 16 zoning
district were 10 feet.
The current Denton Development Code defines lot coverage as all the
area covered by impervious surfaces (building, driveway, walkways
and patios). Landscaped area is defined as area covered by pervious
surfaces. The NR-2 zoning district requires no more than 30% of the
lot to be impervious surface and no less than 70% of the lot to be
landscaped area or pervious surface. The overlay district would allow
60% lot coverage and no less than 40% landscaped area. In addition,
the overlay would allow 8 foot side yard setbacks in certain areas
only (see Exhibit 2) as opposed to the current requirement in the NR-
2 zoning district of a minimum 10 foot side yard setback.
The proposed overlay district would increase the lengths of blocks
and cul-de-sacs allowed in the development. Currently, the blocks
could be no longer than 600 feet and cul-de-sacs no longer than 300
feet. The proposed overlay district would allow blocks up to 900 feet
long and cul-de-sacs up to 400 feet long.
The applicant has requested design standards be added to the Overlay
District. The Denton Development Code does not require any site
design standards for homes built on lots greater than 10,000 square
feet. The applicant is proposing
• a minimum square footage of single-story homes of 2,700
square feet.
• A minimum square footage of two-story homes of 3,000
square feet.
• At least 80% of the exterior walls of the first floor shall be
masonry construction.
• Roofs shall have a minimum of 8:12 pitch.
• All fences except those adjacent to a gas well, shall be
5
wrought iron or tubular steel.
• Each lot shall have 3 or more trees in the front yard with a
combined size of at least 15 caliper inches, sodded side and
front yards, and irrigation throughout the entire yard.
See Exhibit 2 Overlay District Features for a complete description of
the proposed overlay district requirements and regulations.
ANALYSIS:
Comprehensive Plan The property is located in a Neighborhood Center future land use
Analysis: district. The requested change is consistent with this land use
designation.
The Neighborhood Center District is defined by the Denton Plan as
Areas that may develop in conventional patterns or may be
developed in a pattern of `neighborhood centers'.
Neighborhood centers are oriented inwardly, focusing on the
center of the neighborhood and containing facilities vital to
the day-to-day activity of the neighborhood. A
neighborhood center might contain a convenience store,
small restaurant, personal service shops, church or
synagogue, daycare, individual office space, a small park
and perhaps an elementary school.
6
Development The following table demonstrates the deviations from current
Code/Zoning Analysis development regulations of the NR-2 zoning district as proposed in
the Country Club Village Overlay District.
General Regulations
General Proposed
Zoning District Overlay
Minimum side yard 10 feet 8 feet
(developments 2 acres or more)
Maximum lot coverage 30% 60%
Minimum landscaped area 70% 40%
The following tables demonstrate the deviations from current
development regulations of the Transportation Criteria Manual as
proposed in the Country Club Village Overlay District.
Maximum Block Lengths
Land Use Transportatio Proposed
n Criteria Overlay
Single Family Residential/Avg. 600 feet 900 feet
Lot Width 100 feet or less
Maximum Cul De Sac Lengths
Land Use Transportation Proposed
Criteria Man. Overlay
Single Family Residential/Avg. 300 feet 400 feet
Lot Width from 60 to 100 feet
If approved, all other requirements of the Denton Development Code
and other adopted codes (fire, building, etc.) will apply.
DEPARTMENT AND The Development Review Committee (DRC) has reviewed this
AGENCY REVIEW: application. The following are DRC comments relating to the
Overlay District Proposal:
Fire Department - Cul-de-sacs were mentioned in this submittal.
Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with
2003 International Fire Code Appendix D, Section D103.4, Table
D103.4 (cul-de-sac diameters, minimum 96 feet actual turn-around
surface).
The applicant will address these issues during the platting review.
7
Development Review Engineering - DCRE will support the long
block length request from 600 feet to 900 feet, as long as, the average
lot width along the street with the long block remains equal to or
greater than 94 feet with no lot width smaller than 80 feet.
DCRE will support the maximum cul-de-sac length request from 300
feet to 400 feet, as long as, the average lot width along the cul-de-sac
remains equal to or greater than 94 feet with no lot width smaller than
80 feet.
Additionally, the notes listed below must be placed on the overlay
plan that is approved by the City council.
Note: Long block lengths are allowed to exceed the 600 feet
requirement to a maximum of 900 feet, as long as, the average lot
width along the street with the long block remains equal to or greater
than 94 feet with no lot width smaller than 80'.
Cul-de-sac lengths are allowed to exceed the 300 feet requirement to
a maximum of 400 feet, as long as, the average lot width along the
cul-de-sac remains equal to or greater than 94 feet with no lot width
smaller than 80'.
FINDINGS: The Development Review Staff finds that the proposed Overlay
District will result in a residential development that is consistent with
the existing residential development on the site and is consistent with
the Denton Plan which identifies a goal of "Residential Land Use
Goals & Strategies" to "Accommodate balanced future residential
developments among various type, style and prices of housing".
8
EXHIBIT 2
OVERLAY DISTRICT FEATURES
The Country Club Village Overlay District will create single-family development through the
use of the following development and design standards.
Development Standards
• Maximum lot coverage of 60%
• Minimum landscaped area of 40%
• Block length no greater than 900 feet
• Cul-de-sac length no greater than 400 feet
• Minimum side yard of 8 feet on lots that front streets located to the south of the existing
Fairway Drive. All proposed lots on Fairway Drive and Club View Drive would meet the
current Denton Development Code requirements of 10 foot side yard setbacks.
Note: Long block lengths are allowed to exceed the 600 feet requirement to a maximum of 900
feet, as long as, the average lot width along the street with the long block remains equal to or
greater than 94 feet with no lot width smaller than 80 feet. Block length may also meet existing
current Denton Development Code requirement of 1,200 feet if average lot width within the
block equals or exceeds 100 widths.
Cul-de-sac lengths are allowed to exceed the 300 feet requirement to a maximum of 400 feet, as
long as, the average lot width along the cul-de-sac remains equal to or greater than 94 feet with
no lot width smaller than 80 feet.
The average lot width does not include the lots on the "knuckles" or on the bulbs of the cul-de-
sac (the "odd" shape lots). Blocks 600 feet or less will meet the current code requirements.
Design Standards
• Single-story structures shall not contain less than 2,700 sf of fully enclosed floor area
devoted to living purposes measured from exterior wall to exterior wall.
• Two-story structures shall not contain less than 3,000 sf of fully enclosed floor area
devoted to living purposes measured from exterior wall to exterior wall.
• At least eighty percent (80%) of the exterior walls of the first floor (excluding doors and
windows) shall be masonry construction. Roofs shall have a minimum pitch of 8:12.
• All fences, except those adjacent to a gas well, shall be wrought iron or tubular steel.
• Each lot shall conform to the following landscape requirements:
o Three (3) or more trees located in the front yard (and side yard for corner lots)
with a combined size of at least fifteen (15) caliper inches;
9
• Sod in the front and side yards, with hydromulch allowed in the rear yard; and
• Irrigation throughout the yard (front, side and rear).
10
EXHIBIT 3
LOCATION MAP
Brush Creek Road
Fort Worth Drive
Subject Site
11
EXHIBIT 4
EXISTING ZONING MAP
Subject Site
ETJ
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EXHIBIT 5
FUTURE LAND A1
Subject Site
k
EXHIBIT 6
LETTER FROM APPLICANT
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14
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Page 2or 4
Desian StarKlIards:
Even though each lot will be greater than 10:000 square feet( ire sip: and therefore
wuuld not be sub to any site design standards, it is important to the developer to
maintain the high quaity development that has been set ire phase- To that end the
following standards shall apply to the remaining phases:
1- Singla-story stwctures shall not contain I than 2jD0 sf of fully erK:Iosed floor
area devoted to living purposes nxmisured from exterior wall to axterior wall_
_ T skry structures shal not Main less than 3,oao sf of fully enclosed floor area
deed to living purposes measured from eXIenor Wall to exterior wall-
_ At least eighty percent(00 )of the eenor walls of the first floor(excluding doors
and wirers)shall be masonry corn -
4- Rmfs shall have a minimum pith of 8:112-
5- All fern, except those adjacent to a gas wel, shall be wrought iron or tubular
steel-
6- Each lot shall corrkan to the following landscape requirements:
a- Three( )or more hues located in the front yard(and side yard for comer lots)
with a combined size of at least fifteen(1 b)caliper inches,
b- Sod in the front and side yards:with F dromullch allowed ire the rear yard,and
c- Irrigation throughout the yard(frorA side and rear)_
J u i tion=
Lot -
Lt CkweraW is curtly defamed _ e Ong,
vehicular and pedustfian circulation,, keding areas:and outer stofage areas--D
R is our contention that the combination of 2 urn per acre (density based zorting)and
30% lot coverage is not compatible to develop a quality subdivision_ One of the two
must be amended- Density based zoning alk s a mix of let sizes and our initial
designs have is ranging in size tarn over one a (43,560 sf)to 12:600 sf( :to 100'
wide and 140'deep)- Our research indicates that some buyers want relatively smal is
(if you can cal a 121600 sf lot small), but they 1 wart large(3,,000+q hors- A lot
that is 12,6M sf with 30 lot coverage would allow the house:driveway,sidewalks and
patios to cover orty 3J80 sf of the let,severely Iffniing the size of the house that old
be bLA-ft on the[at-
Our intention is to build similar size and style houses in the remainder of the subdivision
that were bLM-ft In phase ore- The phase one house sires vary ire size from 3,,15 sf to
4,710 sf and average a lidle over 43000 sf- The custom house designs(Exhibit ) also
include substantial front and back cotered and urKxmxed patios, relativelly large
driveways (to accommodate the 3 car garages that are typical) and a number of
residents in phase one have developed circular daveways which is a very elegant or
classic look but also adds to the[at coverage_
15
Ckh Yaw
r
Page 3of 4
In a random ruview of nine of the omistirg houses ire phrase one(fable 1)3, only one of
the nine(MI Crooked Stick)old rneet the elaisfing 30 lot gage Fequirnment
and that is mouse that lot is one of the largest lots(27,734 available in phase ono_
Table 1
Addkem Lot Ske Bldg SF Lot Czverge Let Czverage
P
3312 Club View Dr 19.3U 4,710 6.81111 35%
8213 Sawgraw Ln_ 1 7,024 3,152 6,1 36%
33DB Club Mum Dr_ 22,218 4,292 810139 %
HM Straw Ln_ 1618 4,243 5,874 35%
3221 Club Mum Dr_ 1 6,125 4,202 5,470 %
8221 Cry Eck 27,E 4,214 6.R27 25%
3316 Club View Dr_ 171351 31906 71468 %
EIM Cry Mck 181522 31 81 45%
Phase one squam W lot myerages runge frm approximately 5,,500 st to
rri 8a 350 sf_ If the smallest lot ire the nood phase is 12;F6W sf, then the host
and worse case scenarios for lot gage based on the higbast and lounA lot
coverage born table 1 would _
• Lot coverage of 5,470 sf=43
• Lot coverage of 8:349 sf=
Our proposed 60 lot gage is consistent wdh the NR-6 and NRA wing disWcts
and would allow the flexibility new to mairrttAn the consistent ICI of quaff
established in phase one-
Landscape -
The reduction in landscape r is simply a molt of the-increase in lot coverage-
Bloom LorKth_
The Justification for the increase in bloom lend is a function of phase one:the nature of
the adjacent areas and the chanicter of what is Icing _ As std befbre,
phase one was designed and NAM under the regulars of the pimmus code whkh
allowed 1,2ffl lerKAs_ A good portion of the future development will extend off of
Fairy Drive which is alb constructed_ The maJoi*of the property advent to our
property is moped ( nton Country Club & a gas well sib) which limits our
oppoFtuntes for fire stub Fonds and connectivity_ Finally,,the lots being proms mill
vary in wifr from 80"to over t oOr and Will likely average over _ If the lob averaged
100 7 in wkItha the block lerKths would automatically be-increased to 1 7200' (Table 1-1-D-
Max Bloom Lengths, TransporLabon CfibEwia Manual)_ In r : 'wide lots with
900" lengths is propothonal to a 60"wide lot with OW block lengths_
16
Page 4or 4
Cut Do Sac:
9 lot Vfid lis am behmeen 60' and t DOW a cul do sac can be 3 in lend (fable 1-1-A-t a
Cut Do Sac Dimensions, Transportation Cfikiia Manual)-l)_ ceptual designs indicate
one cut de sac in the souffioast comer of the (admit to the Denton Counhy Club)
would slightly exceed the 300' length- The lots along the cut de sac(excluding the bulb)
will average belween t DO' and 90 3 in width_ If the bat were all 100'wide or war,the cul
de sac could automatically to increased to 600r_ The relati large lots along the cul
de sac mite the additional 50"lend being req t d_
TypkAly: cul do sacs are required to to connected at the end to adjacent stets or
nm n areas by a minimum 30;F view corridor including a pedestrian and/or tip
system- We are roquesting that this requirement to waived fbr fire marts of this
developmenL Our-initial designs only have two cud do sacs, nth near the pen-meter of
the adjacud to dmmkped prate property- The ,view condor and pedeArian
system could not to linked to any adjacent road or pedestirian item because the
adjacent property is duped(Denton Counhy Club and houses)-
Setback:
As with lot anorage, the required 10" side setback does not provide any flexibility
related to varying lot sizes (derma based zoning) and is retied of Euclidian Zoning
that requires minimum lot mss_ Our pressed 10 of the lot wkM (with a minimum
8')Mil at worst Maintain at least an 8r side yard setha which is still greater than the W
setback allmved if a two acre development were proposed, but ire all likelihood will alt
in setbadcs proportional to the width of the lot-
In samba we believe that the requested overlay in conjunction with the pmposed
standards will result in the continuation of a quality development that the City of
Denton can be proud of If you have any questions or need any additional -Information
please de not hesitate me_
Sincerely,
Brook Phnnina
•Y
: Tim House, Carmen Investments, Inc-
17
EXHIBIT 7
CONCEPTUAL SITE PLAN
x
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18
EXHIBIT 8
PROPOSED LOTS WITH 10 FOOT SIDE YARD SETBACKS
....................................................................................................................................................................................................................
.....................................................................................................................................................................................................................
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19
EXHIBIT 9
NOTIFICATION INFORMATION
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_•- _ '- -'_-- _-----� ---------------------------------------------------------------- ------------------------- -----------------------------------�� _ ------------------ -------------------------
Public Notification Date: April 15,2007
200' Legal Notices* sent via Certified Mail: 18
Number of responses to 200' Legal Notice:
■ In Opposition: 1
■ In Favor: 1
■ Neutral: 0
*-A copy of the notification list is available at City Hall West,221
N.Elm Street,Denton, TX
20
EXHIBIT 10
RESPONSES TO NOTIFICATION OF PUBLIC HEARING
NOT:ECE OF PUBLIC HEARING
Z0610M
f
TI'S Pl r*n a ij ng Mbao~GF iho Cky of wN bM a polio hWng m d i
Apra ft 20(Y7,tD omWdw to 060M ct an lbr WP' 77r-&M acres on
the :gW@ ofFod Worth at F Drhm.- Mwp ed olmft dbeh wld MAM Noll
cF the Dankm Dowkpmmd 0 as kA ouverap wd Wd
pr&MQQMnNjw wdhkgcb mi Amrimftinakw Iorp hwnw an dt aMeaprwerly.The WPM In
wkhh a maVftxhxd ReAd 12 -2)zwft dwblM
The pUbjjchwtg vvj SMj M&3a p.rrL Iri ft of Uly Ha boWW at 215 E
eel of ft
M TGMSL M&ub
- jD i� [
4aaUre, nftm this ftil me, omf&p to ft of pi le hesftg� (7M in no iffly
Float and
221 N.EM BT
r�
Tomm 781
ant L,. ri amitwo PROW
MgUM& The C&MMkMkM is i ft imod of tlo parced of mPonses kn 04W Rd In .
oub am:
In favr d requm't Moohmi in Mqued appmed is request
lor
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err 2DG km*
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21
NOTICE OF PUBL."J" HEAR3NG
Tm P1 ning mW Zarft Commimb r d the CRv of D will mid a publwimft on adr y.,
Apd1 25, tlm arealkm of an for nvmdy 77..GM mms on
the eam am ct F;cd WoM Drhm st Fad arhm- The pr 9d Owd" his Wu deAle 11
wM n a 12 -M
The pubic hmArg will Btu at EM p-rm in the Chy CouW[Chamben of City HA bm d W 215 F-
8 ' vie FW " -m WOLW aw to bw haw you fmW abafA m
M. wfth ymr mmmwft:p&r iD ft daim of the publib hmmri . (ThFaknoway
.bQWMg.) You my fox R b thB nurrbor
. PLM ■. r-
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Plamdng De 1
211 N.M ST
'TA 7091
Pain: 1
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Th�fan=m Us"to cdcueWbia to I r�■r� a pp the
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In Rmt of M0L* i to M40M i
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TO*OVDM NUntm-. w4ro PhyaW 1
M of PmWty WU nfW& I 041
22
NOTICE OF PUB] 1C HEARM�*
MG
TIw Flan"-and Zanies d tt CY&d Dorton will IW a Public huft on We&mftm
April 2E'20074 to wddffr tt=Mon of an cisi ft 1br aWrmch,okly TTMB mm bmbd on
ft east Wa or Fad Worth arhm mt Fsirwy 13m e. T averW dWOd v■ dsvkabm
prr Awdafm of no Daram Dmmkpmfft Code mjdh as mW
pmMcb aMoDnd a d hltchrsl swrdw&i tQ sly i I'wal'r an the aubj wt t in
+Min a N4io to*mW%aid i 2(NR-2)zwft dlubUt
The IIc hmtg X11 at at G:30:p.Tn- in um C*Cuuncil Chwnbm or GRy Hal at 215 E.
StraK Dmbn, Tom- 0 Um
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EXHIBIT 11
SITE PHOTOGRAPHS
Looking southeast at the
Country Club Village entrance
Looking northeast at Country
Club Village entrance
25
EXHIBIT 12
PLANNING AND ZONING COMMISSION MEETING
MINUTES APRIL 25, 2007
PW 9 Pagc I 1
I sae �LNG& t h=n is 1 undr tt pwviow dzvelapmcnt code which calculawd lot
2 Item Iqck.4M which is ion r a Special Purpose 2 oomnrage diffE:i=tly than�ffic rurrent The previous
3 OverlaY Disuict for approximaVly 77,628 acres Icrated ert 3 ocde allomrA in Virg disfiet—allnwed 3 5 p�r=t
4 the cast sib of Fort Wow Drive appr aftly 275 f6t 4 of the lot tD be owe i.
:5 sowffi of Brush Oru�Drives 1 ,Shc1tuiL d That caloulaflm was based on the footprint
6 ewes-SHEL.T :Yes. good evimbix The 6 of all struchn-ea on the kt and did not ihauhidc
7 Country Club V'dlegp cmierlay district is loca tcd cm tIc 7 drivcways,patios ior otbor sivfaDt�s. Undrr ft curet r-�R
8 east sib of Foon Worth Drive m buffi sum of Fairway g zoning,pardon me,MR-2 zanwg,lot coverage must be no
9 Drivr.which is ft wry--pardon Inc,,the entry be to 9 mss than 30 perP=9k h wu er.the lot cow me1udos
10 ffic subdiviskx6 as shown here on the l wAdon map. You to all im xvioua ateat,which would be;ft buiLdingst the
I 1 can see Brush Cxo&Road h=to the nth. Mon 11 drivewayg,patios,all inVcrvivus surf a=.
12 Coni&y CLvtb to tbc=V and Ord tt m9b. 12 if approved,the overlay district would
13 The subject property is within an N 13 al]ow 6D pmt kA covemgc with a minio=n 1aol apW
14 zoning district: To tic rlen th is also -2 as wOl as tbc 14 wna of 40 par t. nrerrtiy,the Ehonton I el,a rrt
15 iE=ediHte wit. FurUT Co to tt t iS NR-E.this 15 ado rcqui=no more man 30 pereent lot cage and a
16 arc To the cost is Man's r-Tr or cxtrat=Axial 16 UM of 70 percmt landscaping in the NR-z Virg
17 jurisdiction. And to the south is z;A-z and NUJ. 17 district. The propus+cd ov rlay district would allow bkock
is The sib and an sumundiug=zas lies 1s ingths of 900 feat. Tinder the cu n-=1 co&600 foa
19 within ft wigbbmhead centers hut=land use 19 duck l,ggths would be allmmed for lots that—!For-flic
20 designation. The purposc of this play distrkt is to 120 size of lots that an.-pmpoaedF
21 allow the& toper--p development of 21 The overiffy district would also allow
22 lnrp=hours than cad c,mmtly be built under the 22 cu.l !-sac5 to bc 400 feet Ibng as oppcsW to the current
23 reanlutiorm.under mgt rgdRtions Bud mafth die 23 hmitutim of 300 fit. CXu=tly 10 fnot si&yard
24 eating re&idential standards lacing nom developed in 24 -scfi)acU a=mqui W in ft NR-2 zming tricts wl
25 p'base,1 of th,subdivisim,which is—tbas is the 25 mo or more acres am b=g dvvdoped. Tho prposcd
Page 10 Pam 1
1 existing phase which iS un d=eon tiiaa. 1 ovcrlay district would allow emit-foot sidle yard
2 Tho mrerlay district will include mom 2 setbacks.
3 stringent nr.iit ra and site dcsign standards th=is 3 Linder the rmnynt Cam,any 6xgSJc fanaily
4 ctirrcnfly mqu�i by tho Drntm D3evcl,upmmt Cam, The 4 msidential use built m a loot of 10.000 square fnt or
5 propcM is within a Neighbodhaod Residential 2 Zoning 5 greater is not nxp*od to mect ffio rosidca"d=ign
6 District and no clmngrs to ft dimity of ft fuW= 6 sue. The proposcd umRw1ay dis t vmuld pruvi
7 subdividans is proposed. Thr,subject propeny is 7 f_Dtlawing sign sends. Fug sin -at r
8 q==udy unp and wilL require a urinary Arid 8 strucuLm shall oat contain less then 2}700 aqua=foot--
9 final plat W de�t�c Friturn phases of Um Ccantry 9 s qua=fact of fu Uy enc to s ed flour#area which is devoted
10 Cbab M26.r.- 10 to luring purpom noas=d from cxwior wall to ec dor
11 So the aite plan tbut}uu see hCM maY i] wally Two-std smcwme.shall not contain less than
12 cbange during the platting;process,howm= an} 12 3,0D0 sou fixt of fully eackmcd floor area also
13 n q�io:i its inc udod in thr,cwuday riot and ia the 13 duvoW to liOV purpos=and mcasurrd From cx=ior gala
14 Danton Deyelopmmt Code will stM apply. 14 to i,pr wall. At k3st s0 P=mt of ft cxbm for
is IU cnfi=Country Club VOnip Fmperty 15 waUs of ft first fleerr which excMeg dears and wins
16 was a part of a Wrmeml a=t:plan approved in 2001+ 16 shall be of masonry con struction. The roofs sbv-11 bwm a
17 Phasrz,1f d=Co=try b VALagp,wbich F pntu gut a l'1 minirurt pith of 1 X411 fences�rt thou®,djeoadt to
t S nxm=1 ago.was plate iu 2003 and ab=one-half ef the 1$ a ps wail shall be w might ion or tubular stoel and
19 60 plated tCA!t are nnrw d2vdopad or have been pure awd 19 finally,flic landscape ts,tl=sba11 be ff=
20 fbr rdeMlo MMt; 20 trm or mom located in ft fruat yard cr side yards if
21 Tho apprcffM dal devdk =nx plan fir 21 iC's m a cce=lot,with a combined sim of at Ieast 15
22 Cauatry Club Valaqc mpimd oa Sel3tember 1 M 2005 whxh 22 calip cr ins ,
23 was two yam after the approval of the plant for Phase 1. 23 Sod is requited in the frnrrt and sW yarch
24 7 forr,all futures pha=mil be developed under ft 24 uric hydramulch allovmd in the rear yard,and f innHy,
25 curet lo+pmenf amndar s: Phaw 1 was devdqned 25 =r ptfcn is required t1mxigbow the yard,both tt
PLAWMNCY&ZONMCY n, R 3" INN, APRIL 25,2007 Page 9-Page 1
26
ttu
Pap 13 Page 15
1 from sift and reef, The photograph you s=h=is 1 tberw l is looking for, If anything we think those
2 bagcaRy,the public inatice. This is the mtry to t>r, 2 Icts nd p2t '. But ate ttn lbat,the a in
3 mbdivrision itself. 3 grwn,tb=Mms over here am all one am or Iar�r,
4 EWitEen died ktters natif itg 4 theso IOU.
5 ply owrom within 200 fixt of this subjcct site of 5 In Ph=I mr avamip lot size is over
6 this--wiffe notified of tie public hearing were mai 6 20,DDD sire fit, The design standar ds are the exact
7 and 24 coaftsy ten=w=mailed to all of the physical 7 dwigu stumdard$that wee built for Phew I and vir+e want
a addresses witfhin 500 f=t of tine subae sites Three b to set t> the sam quality th2t vx had its
9 Lrs its support were jived and coo kitfr in 9 Phwr,I,wc want-W Put t1 xm ia to overlay. And that is
10 opposition. And as you can s=fr=the map bcf=ym 10 the design standards that wm wM build for P «.
11 tlx=ww om leter in opposition and one lei in I I So=cxamplc of ft hmim that sm bit
12 R4)pmt fern those folks wiffAn 200 fo:k of the subject 12 is Phaw L and,apin,for tip overlay as we gpt inw ft
13 sib 13 lot owmgq 3 can sae wzw of dr.hors=bavr.chruLar
14 Staff reconunmds approval of the clay 14 dhvaways is ftnt,that adds to t=lot cmwa .
15 district and I will be happy to answer any of your 15 }the lot ruv=vSc was 35 pa nt of thr,iaL
16 q d". 16 didn"t include tt drivewap and h,so us wc get into
17 COMMSSIONER STRANGE- Any quesdms of 17 the near sUndards at 30 parzat and it iacLudn drivewiiys,
19 sWM T ank you. We will nw open the public karing, 18 Wep re IMViag treuble f=4 the mm type of charazur
19 Is the ap2licant hm and do dLey Wish to spew 19 that vm ha out&=in New Y into the Phage a.And
20 mR.R F.xuiAR 1, Thmk you, Larry 20 tba again,is anodxr r=on for d=over ay.
21 Reichhart,SprWbrook Piwming pup. LDi did a great 21 And you can gm you krorw,same rmpatas and
job p=scnti ng what wic are proposes and I'll go over-- 22 some different dArW that you don't s=is a lot-of the
23 we wunt over what we're looking for. Tani&what the 23 othff subdivisions' WC'W gong t this,vet the
24 overlay requ=i&I won't br.too rod=dant e. And 24 diffa=ce b&m=tc old Clode and the new Code with ax
why we're askiM for the averlay I think is imporwt,as kt cowmF. We dd an analysis is with just a random
Nge 14 Page 16
l Lori mea Gd,d3e Phase I ZP van t , &=Vla of mme of the Pets out them. Tkm vvas only cme
2 ccrosk cad ter pmvicia mg&dom a d to is some 2 lot that we lack-od at, It bappoxd to be a very large
3 inom$iAmcies bdw=the vmviau rqplafioY�and dc 3 bt,27MO Gw=fmt#bat vim ul,d med todffy's
4 r-mmi moons and the d=have a dmue 4 rNuirmmat. All of tl=rest smemih=at 45 permit,35
5 W maintain the om6stimt hgb standard,that w=sd in $ p it,tWy vvaulda't meet ten,you know,that 30
6 Pbase I and wr,want a guaumax w ft hem that 6 percmt let eon Jr you look at eking that's
7 qualky&-Yekq f =did was gMed in Phase I aiad v+t 7 required rk3br ricer.
8 believe ffic ovtrlay is ft way*do that Ctr D sed 8 And evw now,some of fl=c;km havr.pooh
9 to ut which you bam the om thi I did merit ic point 9 and now 1he docldng amTmd the pools,you knaw.the lot
10 out,ft litdc arm tlzt just pappcd up M$r=,in ft to eov=ge,is even gmns to increase rm=as pccplc build
11 standards that you had,tb t.one am lot in Ibm 1 i bauws,tbU want to have the ability W put a pool or big
12 wo just remavcd cxLc lo4 mete those a htfic bit bdgw, 12 patios and mcb in tbeir backyards,and that's a
13 w th 's acre lss]at that yca had fin%and tbmrs 13 rwsaft we're aqkin fear thm inurmwd lot ccveregm
14 —Asa m a liter hit bigger r*U now, Otbcr than 14 With aw--one of our caller ku
15 tom,ewr=tty mc are in dw process of um stntirtg our 15 zip back gal qniWy,along the boob along tk
16 Phm I prliunnary plat which is the area in W=thk 16 c4mtry club,you know,YM,re adj meat to the Count'
17 YM sod in 37 fib,ft no am some of our smalkr IoW at 2,600 squm
18 So&&area in grwn is malty not going 1:5 if you went to call it a saw lot now, But based
19 to change rmw-l. The road rz gumticm is dm*u& 19 on somw of two dma1 Im and ft lot ocyamp ttt
20 Twwking just a link bit}you kDawt Per g=nwy, 20 uV ve&=in Phase�if you tam the and best case
21 mired gmmetry and,rich. But v&e you we in S=is 21 B rio,the mw6m=1Dt crap with the big house and
b$scall -rhzt 'm s6ng*sd is your tit pbasc for 22 the circular Wives and evwythir4p if you put diat house
lot sims and such. 23 and the lot oovemoc on a 2,00 waam foot to;ftt's
24 NMm in ft y0low,th=ateaa nay 24 A=we get our 66 peat lot oDverage,atd that's vrh=
-25 cbmp a Me bit basal on once in thy,what 25 up witb ft rNumt for a.60 percent lot wvmw
PLANNWG&ZOMNCY REGULAR NEETMG, APR EL 25,,2007 Page 13 -Page 1
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1 W try to mmt the omsistency O=Vkut the two--F 1 of the mras today and if we can do tbr. rh�ad,I can
2 I aad Ply H and that's whm we f&1 the 50 p=x!nt kg 2 tell you exacdy.
3 tom would be--allow us the flexibility to= `n 3 In Ph I daue am five 1 that
4 that coasistLmcy betw=the two pis~ The 4 13200(sic)squm fod. Let me zmm mg a 1kde;hits
5 coves is just the invem of lot cm=aF, If 'r-c 5 them five right in this a. And tf=we start going to
6 allovmd the 60 percent kt awffq�invemly,you're at 6 14 to 16, 17 over 1,800(sic).
7 40 pint landscape tome, 7 CONSIM910NER STI ANC E: You mean 18,000?
8 Elio&length and again,fie,if yow lots 8 MIL RE CEM RT; 18,000,sow. And ff=in
9 arc less tlran 100 foot wide your blo&lengths are 600 9 the second phaw t 's w=1,200(sic)footm foot adjacent
10 fit. If your lot wig are 100 foot or wider,you em 10 to t That's 3�000 s
� q foot op=spam,
1 I do L200 fM block ids. Out avwaF in PMw I,lot 1 I Skam of Itse in hem we ut 12,000 squam foot, Arid
12 widths=96 feet. In the next pham tl Ire 87 fmt. 12 then*='s this blwk and over in h=ors
t 3 r,eank our 9W foot request based on this chart here is 13 12POOD Squ=foot, Th=are all 20's and 19's and I''S
14 proportiond if you look at a-r if you std at a 55-foot 14 and 17's md the thee's sa=12's over%n this cn ea. So
15 wicle lot doing the math the way the Co&wit if you 11 its rmybe 10 total.
16 hm.,e a tsar proW and bmed on the garap odmt 16 COmmISSTONER-snum& And jua off your--
17 mquilm�yow lot has to be 55 fca wig. It's a 17 tUs dban you gat here,it 1coks life you'm averaging
18 mthumlic equation,so that's why I just Aartod at a 1s ft wk's existina out ffi=is 16p 17,00 square fit?
19 55-feot wide Is ammire you haNe a 600 foot black 19 MR.ROCHx T: The-avqrap,Clj=ntLy
20 lengTk and just propmConately vue&tnk cRr 900 fbot 20 or i-
t rest is proportional 2SMmnng cur wKnp lot width is 21 MMI IOxER T GE- Yeah. What's out
22 96 feet wide. We're very close to 100 foot, 22 thac n I'm just lookit at this little table you've
23 Same with the cal-de-sac lm , Our 23 Bot in your bwkup hem,
avemp is m the cul-do-sacs col—do—sacs that we have are 91 foot 24 RHKMHA]rT: Oh,from the—from the
wig and 75 fox wide,so we thinly our 400 foot request 25 study that we diKL Page 18 1 I es idly in tie fug phaw X11 give us a little 1 CMVW0SDNM srMNM Yeah. I mean,if Pagc 20
2 f 'bility if we dD sign that hW=pbasc a lfttk 2 th$t*s typical, u' Ott amt 16 or 17,000 square fed
3 bit. And that's why wean coming up with the 400 foot 3 av ?
4 tapmt as Woscd to the 300. 4 REDC HMRT:Yeh. I mean,it s;an
5 And}again,the propwdma wa tHnk 5 s,-16, kvc got to remember tht if ym look at it
6 mc4e rat with tt 75 foat lot widths '=right thom, 6 iu P'hwn 4 yuu havc,a lot of pit sbapt lots out ezve to
7 Eisht fbo4 sib setback,if our avcragc is 96 W grid, 7 that added to the—sam h4ger lots and==cal-dc-sac
8 the givft w ft floxibf'ty to put thB sae s house a lots,tan,&at tt$e lots ga a litt]c bit bar,bug it
9 that we hawin a%,-fti[e—in phi I on the&a=fats 9 vwes au SP-16 t so you're probab nvmag4 17
10 #h,K we have now 10 1 8,00D.
I 1 And,again,I wcnt flwajo that f�kly I 1 ccmmmioNER AGE; okay. And tben in
12 gWckly- I knm Lei did a greatJ6 in tbr,backup arA]n 12 you backup tabW wh=You talk about his bnriLding
13 ber prmntafion. And with that I'd be bappy to mw:r 13 square f t ii;drat fwtagc of gams,oavered
14 any questions that haw,I!ate a�
--y u know, swrr 14 u�p=and evurything cr is that hmt and air?
15 any otter qucsticrs that night o=ap. 1 wit dnv* is mR. cHH P.That s total ter W.
16 that pmtty qui but-- 16 That mludad tbt gam,
17 mmisiomrF-R STRANGE Any qm-hms ef the 1 Nom okay. In
I g app Li Hoar many—kt rn,c ask a couple. How many of 18 square fbatagm,yaWre prDposing at 2,700 and 3,000,am
19 these Im dot am jW 12,600 square fixt7 19 the hest and idr-condithw ar are#haw t l?
20 MR RMCHR RT: Got me ca11 this back up. 20 t4a,AmcHHART: Inn s rry, Tlat did not
21 Z isn't—&=Is m=in file sad phase but 21 include the gar s. That was--Thn,why don It you coo
ms's a--ti's u rl&oar in this ano. 1 22 up. Tiny Rcmm is wi fi the&-vm1gper and be can clarify
23 knaw tt ono is and dmres a couple ri&bee and&m 23 that a Buie hi16 sir.
d=0;a fcw ri in this arm I don rt hm dhe maot ME- my name is Tim Ham, Pm
23 numb em. Maybe I dot t slid a kyt cater Cdmilatrd all 25 ft Carina lhves ,ft applicant. The
PLAWMNG&ZONING REGULAR M:EEnWG,, APRIL 255o 2007 Page 17 -PW 20
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1 standards apply to the mr ndidonW , It dOcsnTt 1 Thme gentles Kaye dean a nice:job of
2 apply to the garagm 2 px=tigS what their n inimurn squ=factoBw art which
3 COM MIDNEk STRANGE: But whWs i irjg 3 W mr,basically,gris fty're Virg to pert the sari exact
4 --ftw table one aqu=foDUggg,am fliow 4 auiz}comes an sam1lcr IoU and try To gm many m=in
5 air ndil ion? 5 bme. 7b=a=cibm thing brat=c down the
6 MEL i=SE- 'rc-"'re Wdrtg the h pipeline that wcTli adds at that Ti=
7 &me standards dma we used ffim gh deed restrictions in 7 But-b=am sum questicna hm that I
g Phone I and tr ig to iraplen=t th=--gua=t=ftir $ have for you gup that I amd to gd addrw d tonight,
Iztion effedively thr i ffic zoming h in 9 and I'm mt sum if Wr,yuu guys that can msver theme
10 Phm iL 10 these fellows back hmr,but r bavc a fcw que$tiuns,om
11 COMMMS( ft-STi�4 ML I 1 of feat line,has any d=d rmficSong b=RW for
112 MR.REICH HART. BUt in dM lot covnrage 12 any-of the row phases'
13 tab[et if thatTs what 're refcrriAg to,that was total 13 CC6MAISSICKM STFANM: okay. WcA)fit me
14 squwc footer which included pnigm. 14 teal]what You'11D=d to do Is,just kind of aFk those in
Is CO IM(YKE,R STRANGE: I'M j ust hying to 15 tho form of questicms and d-ma at ft end of the pub He
16 gd kind of an apples and apples or apples and amWs 16 Ong the apfplic$at will have an-upporwhy to come
17 idea for us and In the audkooe. Are wc posing 17 f ward and wer your qmsfions and have any rebuttal
18 that ft how bou=in y=vmiW-up hoe ym talk 18 so-
19 about you wmt to nitintain lei ear or bcd=Vmxk& 19 rz- 1 ram to wait mil tip end?.
20 MIL REMMUTA T: the t ter nt is for 20 CDMMMSKWM STRANGE: No, You need to
21 livable spate,may,and ffiW did--that does tit i=lu& 21 just makc Ihm in the fbm of gumtims.
22 the & 22 mjR.PoRmAW tbm gu on?
23 COMMISUMqER n7ANGB: 5D I 8UM My 23 c0mxr4sKxqm s'r1 NciF- Ytzb. And thm just
24 queodm is wbm is the averaW HvAc area in--oxift 24 to ri it na-do th=now bwause that way ho can jot
25 a�th=Way, 25 tb m down and br,can give yon an answer lair,
Pqp 22 Page 24
m3L REbcfflvaT,,oh,itrs abM 3,500 s = I ME.PORM may. No prubli=. And tai if
2 ftm 2 f`e--luw lff t are dme fr=tho orW9 pimse?
3 COMMISSIONER CF-'cimy, Anyonc chc 3 The @mDnd qmfian repMing ply,is ffim are mnended
4 havo any q=tions of plicwt? may, ThEA you 4 $pplieHtion for plat appr l or fair tk now phases? We
5 very much. 5 would h10 ccpim of all raf'ormadw giv=to tho City by
6 We do have so=qmkus or peopk who have 6 tM builder,develuperx rqvwdi ng any of the phase.
7 asks d tD sFA on this. The fimt wmX bn Mw Pom. 7 Q=tim 3,ft Exigineefing f partu=t,what infmmatjcn
a Following Mir.Portz wuuld be RussIX Hbrol 8 have thoy rwdvcd frm tc buiWcrfduvdVw,bavc dLey
9 sT NuE: ea=fwd and 9 approved anythiqa Wo'd lilac to sft copies of sari,
10 give us yuur namc and dress,pleas& 10 enginmrinag glares}et eater,
11 M FURTZ; SIM W name h MELnPom, 11 Fourth qucMion.,what iF any traffic
12 I how a n=there'at$213 Syss. ITm one Df 12 ages has ft buW=1&-m1cper do=far tt city so
13 the h mwnffs out tb I'm h= to�;%ic nay 13 f And my qui&.atiun is why all of a saddm the suddm
14 oppoddw to this pragam and viwydbing about it, A 14 c&nsp or deviator frm d=ownal pretty which vv
15 couple of quick Ungs f c I am a 1wal 1busi=w owner hffe 15 wee do sold and told about fpm what vvc finally
16 in town, One of tbr,reasons I pre tily moved out to this 16 und=tond. Lastiy,and I'll wmp k up quickly,this was
17 &wJoPnxmt wag to egme tbo omiamcd IcU and hm=and 17 just brou&t to o3r atwntion at a ro0y rapid paw we
1$ =0 lot lints basicaDy you sev in use ne*borhwds. 18 had to m=nhle to fiod out all cf the informatjon abDut
19 Ow of tho rmsow we auo 3"h=was me 19 this. We fdt I we '$a4;k-dowvT'a little by the
20 wotc W aud sold basically large lots BuW 1 itz}a 20 developer and I will go into that In just a little bit of
21 Wt mom elbow-space to raise your f mail and in no 21 ddail as wc wc=--U=e was
povd W have been a
22 indice4im did we vw==6ve any infe motion#lit ft 22 bommWears appamtly that was disguised as a meet
23 was rim to Wically out up les and try to wee our 23 and piet a=cing at tk Torino Cuuntry Club.
24 lot si=to fit on mum ho=to Bmt into M=of a trace 24 No cw tb=ht The nc orhcod had any
c rype of siumtion. F5 inftntimA Df going ED a coca and Sma club to join a
PLANMNG&ZONING REGULAR MEETING, APRIL Bp 2007 Page 21 -Page 24
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1 hmrsl . Nlaey a us lmvc mmnbmMP&tb=may* I Huard and knowk gmble d cision.
2 Lahr we fband cut this was acuu lly a Hamwwnws 2 RustY and mywlf.ur our fades hnv b=
3 AsscroMon teeing. My quesiioa to you and ft 3 rnun rs in ft tioA loner thm and c1se in the addition
4 dcve1oj=,if this was a Homwwrom Associaticm meeting 4 and that'd lh=Uy omw two and a}calf yurs. We've had
5 why was te need to hide it as a mwt and g=V Why wcm 5 OW MAmming io&at tftm fro= I was unavnilabl,e to
6 thcY not more forth rig about Q of this imformatbn to 6 meet drat sing sin —becausc I was uuiG of t ywm 7bo
7 us? And that is my q=rans. 7 n3inutcs that rew that meeting do not disousa this
8 ink you vcry mi h. 8 prupapton in any ddmil whauocvcr other than dx fad
9 Next to wak is Russdl Hmd. 9 ,vc1come,thanks for cow, I1E&want to kt you
10 M.HERC I-llo,my aam is Kussell ID know were Buing to have larga honm in the additim.
I I Hied, I curtly resido at 3301 Club View Driw in ft 1 l Tat"s not neimsarily what this
12 CWntry Club VEApp. I thir►�ycutvc pit a copy of a 12 positica staks, mat 1hig proposition s is that
13 petition th=that `x a*Smg for a delay. I wu 13 we want to Udlw lot sip and redwo dm by 25 pa=1
14 involved in gatborins a f w of those 9*aft=and as I 14 tam what v,,w=orighmUY sWd, And I'll add rth.is to
15 was going and to theiboars ih=was a big 15 It, LF You de thrttd you look of the n
16 varidy sad miaonnw0ons of wbalt w= 16 a r I=dc w=of this on my way art drivt y,
17 Ong ou iNith these new pha . Th= 17 tl=is u dP dw S&Ys Cmn=InvCgtmmts,Gritry Club
Is was n kpt of qum im,whether do new kz w=ons to 18 Villain 16MO squam fogy minitnuai�m twr hw=—err
19 be law,sow ale thm&the dens were ping to be 39 it may not say but it says 16,000 squa=fact,
0 tmw� So=people da*ht IN-,IcU vmim ping tD be 20 12,000 is a drastic redwtinn fry 16,00D.
21 small. Th=was a drawl-%h=that,showed tt 's a► 21 And I undmtand tk bus,ims rte is w
22 pmotial new entry into the kvdiopment, i ue of the 22 they want to do ffiat.fitting more homes be4 able to
M=b&s W=awa=of tit and that see i d to be a concern 23 011 MOM primes wig dx$ate spoon,but hat's not
t08MMI of ft mmL I Wlkod to,. 24 what we ku&iatD a& wnm. And dc fact tit we
25 So rte}pm'blcm is this,tbc dcvckp cr didn't 25 have mot•b=given any of this inform uon by ft
Pap 26 Pie
1 to urp,provW us all Us infonnffdan. Th='s a 1 camper is an HCA Ling*r is writing to us oxb=than
2 Int of rfti6ftas cit 6=abma what is rmliy going to 2 in the last few dam,I[rte ms's a lit of h=wwum
3 bc involved ire this expamlon,a lot of moons, So I'm 3 that are in this raomY ton4h and vmny of them had not
4 requeslbg tat this vote be Maycd uag wc can have a 4 s=my of US informatpom eon the pMpOS itiou that Wu
5 meriting with ft dcvdbp=thus wJcdubd fir May Zed, 5 dated Nav=bfr 20th of 2006.
6 so dat vou can peso our qamdma fitly to tt 6 So tM'vc knuwn abut Us for qJft scare
7 &-,vd a pd all of thum qumdkms anwmrcd}Tot 7 tom. We didn't 0=cr d of Ns until two to th=
8 P=wne to the community that has questions have the 8 days w and(bat's because ve dJ our own F We
9 oppWanity to to the dmelopff and fto lmvc fis 9 contacted the City,asked Lcd molten to gi us flifft
10 Vft cow up at a meetkg at a later dates 10 i tfomation if it wns public rood,wbirb&k did, wily
I 1 ms's a lot of qu tic nii that pwyk l 1 at that tune w=we ally to undenftnd and read why
12 don't know and it's bard to vaft pro it against#his 12 this dwun=tadon is,so were not neccssarily saying no
13 rmalution without havhag the mfarmadon. So I 13 at this tiam Wle ru Mying vr,Ott havc enough
14 rmpccftUy rgst that the vote be d,d yad until the 14 infumta t or I'm�
' pealdng ftr my ].f. I don't ham
is hamwwnm in the Country Club Village=ham a mw ft 15 ewa&iafonnatiom to say yes or no boom it hasn't b=n
16 vdd3 thee deMopw and B uss our q n� Thaw you 16 given to us in a time manner. And it oermitly has not
17 very ntuob. 17 bin&closed in what I would comidcr an ohiral mariner.
18 c0m1ff&SUxMR smuNGF-. thank you. ]8
so-
19 And the lost card I have on this its is 19 omAmrswoNm mANce Thank Feu your
20 fhM Troy Cim. 20 COMMMU. Thy are the only cards I had on Us its.
21 MR.CR Hi. C*od cvwdng. My name is 21 Arrr th=otbcr peopIc bae who hEd wislxd to spool€on
Troy Cryur. I live at 3341 C26 Mow Drr ,in ComAry 22 tltis0 If—let's sod tvc gat a gentleman in rho back,
Club VilbEp and L tx),mppos+e this decigiun at thb thin 23 Come fwd and givu us ymr name and address,
simply for the fiLra we 1havc not bem gig ample 24 MR,tmJr MAN.Iii. MY n$rnc N Rich Hil]ruri.
25 infornmCm In a tirrrely WWon so that we could mAo an 25 I iii at 3224 Club View Dr> . I was sold ft pig of
PLANTING WIENG REGULAR E 2 ,2007 Page 25 -Page"
30
nden its
Page 29 Pap 31
1 PrQXfftY with ft house nbanA q&muffs And liad I Ymr com=nts- Anybody cWo wiah to speak? Ls tlme
2 ab no knuw1o*of any*f the Wing on,so I'ut 2 applicant h=and do they wi;sh to bave nrry ful.law-up
3 just basimHy Fuppar my for$who have bwn 3 stltm=t?
end a lot Inter than I hum and I,}ust f l that 4 rI. F--. ,again,11m House. I-rill try
d a:xd mm fi=to discuss tt shmtkn so we could fairly 5 to addms a frw of ft tbunp tit w=brought up. Tbt,-
6 evalalo what it is that is actually,you know,Ong 6 fast first of
all*the zmkz that was changod was
7 Est oa u& 7 not at uur req t, Tbc aoDiiag was a part of an ey=l.l
a And I think what rd Eke b know $ mange dwt ffie City did whm it aivat�d its zm=s
9 pm&mal h you guys bad rCvised what war.ffi= 9 mahout the City and=pl m kd nor Mmiards. And
10 ad&MUY am far as ffic hmsing is con rid. And I want 10 ghat dmt did was actually lessen the standards that we
I 1 to knowq you know,what was the dif b=m what was the I l built in Phmo L The NR-2 that vie"re zoncd now would
12 Mason why it was mimed? You mow,because.you guys 12 Tile,as I understand it,we hrm no iowaxiom of doing
J ham W up#his particular planning situation se that the 13 this,we could ba 5,000 squwe fwt lots as Ions as our
14 builder and other pile=them do whawv r is 14 oveel density did notexcecd two unim to the acre. And
15 appropram or what ib,ey think i%b=fidg far tbem. So 15 datis not our immt at a&
16 I'd 19w to ka w,you mow,wh=ffic iaVmvaat was 16 So tt handful of m=Uw lots in the
17 O=ing from bmwim,bbvicmly,you gwn havo it in your 1I actual am hart wrrre taDdng about ddng as t e ae=
18 ebMy and yaUr Uftd=t&ndn9 b improve our lip,b , 18 phase nm&w ner the==of Country -whcrc
19 pmo=Hy,I don't-you know.I don't law why th=is 19 th%-,CmmtrY Cub is,# `s a Hui Nrmber 3 nd a Hole
20 this diff=F=so I'd Eke to u nd stand it prmanaay. 20 Dumber 15. We"Ve actually ben approuchtxl by mom Co=try
21 And in order to do fhai�obvwusfy,we need more times So 21 fib Mmbers who want to be wta rt to the golf murse
1 CwWnly wm with mfr neighbors on that part of it. 22 with dmk lots. Wu haven't sold any of tic, T csc me
Thanks. 23 Just intmmW poD*who vomnt to build niw bouses bat
u STRANGE well to answer ym r 24 they Ott want ID bave the seam dgAh of back yard to
25 question,Nm do not preparc any poi of this plan, We are 25 maintain. They dm"t want pools.
Pap 30 Page 32
1 simply a Wy that listens to tha apphcarnt ands thm makm I So,lint is part of tbc reasm fir why in
a dadsion basod on fm facts. So wr,don't ham any part 2 that om=Wre Wdng at the shallower iota,still
3 in the p pluming of any of this. 3 havirig a k=*y ft samo widths eo ft sit view is
4 MIL HILLMAN: MWA I meant the zning 4 appruxizotely the sw=blrt just shat u%=Iota. Wbat
5 wbich allows it to now be considcrcd, 5 ef er qu=ti --Larry,do you--
6 COMMISSIUKER STRANM okfty� 6 N&a ai.-the MWdop*
7 rR.HRLMAN. ihat's what I didn't--you T M HOUSE 01%what was rdc=ced a:q a
8 kam,I&nit underMnd why.,ghat Was it 2005 wben it a a'W and greet at Dram entry fib was,m fact,
9 n ? 9 iu%WW to be a mm and gt. We wem just going to
10 COMMMICNXR s v : [f you want to 10 piggyback an 6at wh m we discmered tb=mcrcso=
11 online spe$kft co=back to the odium,b nun I'm 11 concerns to ca
MW� e�p�sed p� ft City. We
12 just referring to yon cmmmt that we w=invdvW in 12 said wm1l,kes just discuss it at this mw* That
13 this plan ta roc. W m nm Were an' t ]3 meeting was cancelled because of a lack of jutwcst in the
14 Wy appointed by ft City. Wo listen to Ube applicmt 14 mgt=,d gcd as p=t and m a remelt of fat+we did
15 We.Listen to the pubic aid d=we try to maw an 15 pull off the Aida its,I think it was rcf=ced as 4A
16 infant decision lased on tt facts that vie baveL 16 curlier,and that is fntmdcd to be the t of a mai*
17 MR-MTILM N.CkZYL e%I jW wantd to 17 r=1 wak,a ffdmemvn=mwdng.
.18 uw1=T and,you know.,why changes wem m&te from the Is Th=was ft annual Hmwwnm mmft in
19 argil planning. Ws supposed to br,flA you know,it 19 FUnmy and this plan was gaeraI[y discusgai A loft of
20 irnpnwm a]1 of our live,and if ycu guys didn't malm 20 ft speeiftcs w='t Wo didn't ya into discusses her
21 that dc*ision cr ibe cha ga them I'd like to know,ycu 21 tbc City mming has cbangcd and the reason tro trAng to
knuw,why it was that you kmw,tb=things w=changed do sa=of � We didn't discuss how tat camp i&
so#hat the builder can now azk and request that the lot 23 menum diffe=tly now. Rua what was discussed vm5 dc
24 ckutnm be reduced in sip. 24 ii�t b bave Oc samc staa xds fbr&velopmrmt in iho
25 COMMISSIONER STRAMEckay. App=Lmr, P25 Wit pose as was in Phase Ia So-
MANNING ONW REGULAR MUMNG, ARM 25,2007 Pw 29 i Page
31
densIt7m
Page 33 PaW 35
1 M&R T; YOU C=ShUW tb=ft Ste I be asmred that Phase I wuuid be--the stand-ards of Mares
2 plan-- 2 1 vwuld be carried on to Maw mAnd timt is a lot of
3 hm EtjusE: Pardon me, 3 t>c i=ml of whX we're Ei a g for h=,irnposing
4 MR REIMIckRT.-You can:shnw then tha same 4 stems that would not off=wisc he required. It was
5 Plan tJ -- 5 nsked if we filed dwd rmWctkm yrt on thia nrr lamd.
6 ME HOLW- oh,okay, If a'It�� 6 T1r.answer is no. And we probably vwun't until vc hm a
7 just a R*M& 7 plat approved bmausp fi=may he speciffi third to add
8 MR.MMHART6 in regard to any plats&at 8 to the deed nzrictians Terri to 3pecifl-C lets
9 haw beep snl itt�vx haven't sOrnitod aay pLmts on t}m 9 sacks on oor=huts,things of tit nawm
10 fuW=pham. e'ru goin duDugh uses of 10 commissioNim sTRANr,E: vo you have any
11 thwe, So the anghicerf rrg n't romfied 11 other rehuml? Let me just ask one q stz. hart is
1 - Rqyrding$sec tr ,agam,l s i�t 12 the cwt mt*iw for square footage in ft--
1 3 f itunv use$. We ardicipate that a subdMv zi n with this 13 t}e:hose that have bm built?
14 many kAs is going to ham-bo have two cntri=+ FW ode 14 M&EEI aT,- Exactly as 'm proposing
is ffqui=—ym know,lire Cody roquh=afh=you get 15 t*&-
16 ovw a certain numb of mss,ym have to have mo 1 SL Nom so we have the swuc
17 entries into a sty ivision.so that simply to mxt 17 square kotaF rmtrir ims proposed--
l-8 Fire d, is CH cxis-Eed.F
19 ux,oxism F=our standpoint na 19 MMMMSMNER SMANCIE: -tit
20 developer,WeM agree with ft h wnm,vw'd prefer not .20 fbr dc bens let have b=WIV
21 to have a sand point d eatry. We like die eulusivo 21 MR.tEcH T. T i�M=t.
22 feel of the main entry. The xcond tnt that was shown 22 Comb=DNm srRANcm okay. In case.you
23 was a pan of tbr,ur{rghl WUmi&Vftawnt plan that 23 nrt aware of it,let me point out vwe did St a
wEw appmved hack in 2001. And ifeyeryo=in the City i 24 pcfiti❑n is opposition. Have ym MM tbov
vilfing to Jet that send end So,wc would lovc nothing 25 MR.RE[ TART:Noy ur,ham not
Pam 34 Page 36
I vwc ag=with tom. A bt of tlic&e spmifi,cs l STRANM Oka}. It vvas ju$t
2 ab -enact lot size and eat lot dim si rs mn't 2 landed to us at ft swt of the meting mid tb=am
3 addrMod at this StaF, Tbcy"m addrmad at the 3 poopla who I gms msidc th=Who have cxp=scd
4 p o're ad*for ft stm%k rds tc hip us 4 OPPOSitim to wit U'n WmAkg to do. And ev=on ft
5 do what w tk*would k c=ist nt From a pkmkW 5 cards we h4 umst of it rdffted to the f=t d3at they
6 stndpoiid. 6 didn't feet like dkey had adaquato infumari+.
7 At the Homeownm mo:dng in Fcbruary,at 7 So I gnus I'm mkjrg} n-sl did nc4,
8 that point,and apgr4 don't have ft pla co lend 8 what I Sather,ban a MCCfirif. Th=Wag a Ong
9 yut but we mowed a ske=h of rmoly what could be done 9 but it was Wt rea11y a u about tom. We hm mt
I10 in tHs area as vwrll as ft arm and tbr,Juts,,mss to 10 had a%=i&n d ng this item?
II the caat from tW tiny road. 1 I MR.€ior the araml Homwwrces
12 WMMMSXXq1M STRANnE.- If '11 pla,oe- 12 Associatim meeting was in ftnuwy. And this crag the
13 M EMMM t sco haw this works now. 13 major topic of discussion.
14 COMNflSSWNER AtuE; Yeah,if you put 14 MR. HALT- About 50 pemem
1.5 that on ft tob1c,cv dy cnn see it; a 5 UNIVEitmFIM Sr ffi K RR IN AuurENCF-W did
16 MR.H ?,- 1-m a titer slow. So the fact 16 nol see that You wem not at that meeting.
1I ttt we don't have a lot of ft Mails and we haven't 17 mK uo , Mr.frock handled it.
1$ sham hails.that's absolmly cm=t We don't lave 18 IMD EAYM IN AV.01ENm The
19 thm uaffl we knaw that vo,can design our plat accarft 19 minutes d1ow=-
to tb=standards wh h is what wc1rc asking yqu for 20 CC&MMSMNU-�TMNGE:well,1Ws-MN,-
2l tunes 21 need to reshiet any cons then with the auction , If
MR.MCMAWP But vm did sham what we 22 --Peoplr, *clr oppmUmity to spy el the pa&um.
23 had in Febromy, 23 So I'm caking dr.questions now. laid vm or did we not
24 E,Yew wo shwcd Ar we had. 24 have a meeting sperif tally idatod to W
.25 And W.Elrmk who's responsible for the AssociaWn tbcm 25 dR RE[C HHART. Th=WaS sot a spWHk
PLANMNG&ZOMNG REGUL"hWET ING, 25p 2007 Page 3 -Page
32
CondenwIt.TM
Page 37 Pap 39
1 ndobarhaod mwdng. 1 do waLdd be table this to a date c arWm and we would havc
I CDNM4=F0NM STRANWId rMa11 f wudd VM 2 a m0fim hue,and fir.Lockley woad sivc us a daw
3 not Want to have a mee ft on sag that vas Ong b 3 ran and that w=1d then put you back on the Agm&fbr
4 bo this--n cbaugc or a p=chvd cMW 4 a spmifk time. And Whm=ntrw and that spwific t
M IMSE:welL the geroeived chww is 5 you would need to so up a moving witb you people~
6 the kuy thm Ilie intemt was to do;sa=lviag tat wa ld 6 MIL HCYUsE,cu arcing is scheduld fu
7 enable congiatency bomvm tim phases. Alid I beii 7 text Wed day night,
a api ,the wnfl m n's t- I was not fb= Mr.Dmck 8 Mk mrHH T: We haw a M=q for The
9 handicd tit Ong. It was my im sica fr=to ling 9 commmia 1 pmputy so we can jurt do botb at the&am
to with hire and tim 9=aary of the mw ing that Mis was 10 if this okay.
11 diarrussed in sa=demil. 21. Oomms5iuNm siRANciF- okay. What me vii
12 MMMMONER STRANGE: Dm=so h='is our 12 do Ihm is we wouti—we'll have a ncficn to table thin
13 --h=is a pmiti,on is that we have a*fllo t with 26 13 t"da'C CCrUn,wbkh wnu'd be MaY the 91hL O'M
14 names of wbieb equates tD pwbably a umj of the 14 WH in a gublie,herring so tk people-aft havc spolma
1s maple you havc living tom. 15 hm had 1hat right to sp:ak. We will gmtinue d=
16 rR.MUM!i vuv1d agree. 16 publc bearing on May to 9tb so pec&err hm the
17 QMAMMW0MR STRANCM And t 'm apposed 17 cwxtunitY if drY Wish to o=c and speak Win. We
is to iL You've had s 1 proFic hem Ong ageing it l$ will nut be re-naticing to ft nethbon. So ym will
19 and thW're--Ana&the its that tboy'ro primarily 19 have nntioc firms xrz tmiiS k that this will be back 1
20 againEt it bmini dicy dea't know what's going cm, It 20 Wi-a on May ffic 9th* So it w=W be incmnbent apon you
21 wmdd app's to me Umt it might bc in ymw bmcfit to 21 to know to came back or to advise Wa n ibm to couic
havc so=sort of a meeting brf we're placed in a 22 back, And I asp w0l.=you back on May the XL So
pos Lion of dtbnr voting for or against what '= 23 we haw a ration to tablC
24 UyiM to u WATTS; so ate.
25 MIL HOB t appreciak the 25 COMMM r I'MR STRANGE wo have a motion by
Page 38 Page 40
1 commissr xnLu�ja&- so 1 prss I wuld I IW Watkins.
2 ask yuu-- 2 0DM2AMS10NJaR THOMAS,: Bernd.
3 mx xo you bDlang for me to 3 CDMMWDDNBR,STRANGE Sc ,d by Mr.
4 V01=11wr that now-- 4 Thy. So we have a modon to tabk this to May a
5 COMDMEONM STRANCa- will 5 dabe certain. Any fission? Please,vote, Ms.
6 mFL Housa- And T IL be happy to if that's 6 Andmoti,you did not maker. And tbo voft to table
7 tho— 7 pas 6-0.
8 COMAMXWM sue: I'M gzLz to Him 9
9 You tt wornuilrY to say that yuu would be,int=tmL 9
10 perhaps,in tabling this and gaming a chi to visit 10
1 t vvi&your neighbors, i 1
12 mR H: oiven the f t tbiat thm we 12
13 the mzmy pile who have exp sed conoonn,I think that 13
H world be the bmt thing fir alt,ttzat we have a special 14
15 mceft to discuss this. 15
16 CMMISSIONER ST GC: VM not Ming ym 1.6
III what to€o. 17
18 mR. r-- i=dwstandL I t}rank fbe 's is
19 sarne misxmd=tadi-ng abu0 what fis we have avaihblo 19
D at this point. But wo'll be glad to discuss-ffiat at the 20
21 mowng. 21
22 MIMMSMNER 57RANC E 2
23 mK Houm so with can we ruqucst-- 23
24 is a eontimun is that tho way tQ pat it? 24
25 CCUM1390NM STRANGE: wtlt what we wmdd 2.5
L i1NNMG&ZONMCT REGULAR hiEMTMG, ARM 25,2007 Page 37 -Page 40
33
EXHIBIT 13
PLANNING AND ZONING COMMISSION MEETING
MINUTES May 9 2007,
CoadenseItim
P 5 Page 7
t <X)MMMSKVM STRKNG&We.ae MW--wffi 1 siV plan. The Mond pkw shown b=in gr=and the
2 b90a hm No 4 wb=h is=public heaping&whcn, r'or 2 fjo=phasea 1&=tX3 the sow,paten M,0owa im
3 those of You not fir with the Phoning and Zoning 3 ycHDw. If app}the ovalay oval diatiQt would alkm i
4 on%='Stan and ou p tf�s is the%ypoAnmity 4 P=m lot wvarW with a=wimum ofd
5 for ft public to&peak on an item that's on to fin. 5 pmt.
6 If you do wish to qcuk tmi&ragmx1im any item on the 6 C,,,r,dy,the t Codc
7 endn,you=ad to fill out a ydkw=1 ind on it 7 req=cz no mom than 30 p==lot ommW and a
8 wbcthm you Vnsh 10 gmmk net Veak Vpagod or for the S to a 70 P=M.kMd6CMP0d MIM in this I%M-2 prig
9 ice,and be sure and ptt the it=fhart ym wash V spy 9 list ict The prop mad ovrlay dust wxW also allow
10 on up in ft top career so when it cualm thit tip well 10 Murk kngU of goo fib dyt the Go&would
11 know it is=W rqo ate t>=for you to come fmward. I1 TRUfte 600 feet` The ev€alay digtrkt would also allcrw
12 T you do not fia am a will wt 12 cul acs to bc 4CO fba long$s Momd'to ft cwwut
13 b-0 allawed to apoak. And if you do spmk on an A=that 13 'limrt6na of 300 5!vL And this is#be p Wm< sed chwW
14 other POMIC have ghwdY made c=mmts,we'd ask that you 14 frcm 6C last U=this wss prawai cbmady,ft
15. king mw commmnis or fbesh ids so tit we can @�t y= 15 Ian-foot Yard setbacks am rcquinA in NR-2 ding
16 and your id=rota the pubic r rd. 16 diwxts whom two cir m❑re a=s are b l�
17 The first item wnisbt is item No.4A which 17 The phased overlay dist6a woaW allow
1S is the creation of a Spoial Purpow O wlay Distria for is e -foot We yards on 10ft tba E-"its Tx alci
19. appr=kaWly 77.628 acres located on the east sd&of 19 to the KRA of the mug Fair ay Tom. And this map
0 lbri Worth Dr%appwxhnly 275 fides south cf]3rush 20 sbhows in bkr,tk proposed lots nod S=W area vie to
21 L)ri -11+Is.Raw. 21 tm4ba side y w$accs would on appi'. Amy o&t
2 ,Stu tvw-Tf�k -God a�fmin . 2 a
. }'�- B pier► ,the is going w edzk,to the
23 This rWmt MW 0M6UWd'fr=d1b Aprfl 25th PI=W W 23 muth tW eot-fmt fide yard w6wjo
and Zanmg Cmn=sion==tmg to eahk the applicant to 24 waWd appIy b 1h=fat=phi.
25 med with the=stag mmadaft of C=try Club VaaF, 25 Under tho cw=t Cody any aingk family
Pap 6 pw 8
I The=Jmts did have aomurw at ce fiim Ming 1 =kkntiat use hunt on a lot of]0,DX sqn or
2 Amdards in tc mposacd 2 gmtr is not rcqmcd to med any of tic reside]
. omxlay dis t. A badmd ffftthag was hdd on May 3 &s4p.sods is the.ode. Tile prMpoSCd-avj:Tjuy
4 'at the Conary Club VilTiap maodol hoar. Thee wom 2 4 fthcl pr Am these&Sgn s udards, &nee stay
5 rwid=a io atftidwme in your--my inaff report,I put 5 strucft=shall contain not l6a fto 2,700-square
6 22,I mlissed a flew Unt came in lei So I ways om acted. 6 twaltarY iftm=.3XG squ= Emd at beast 80
7 The app&ant m6dmU discussed ft s 7 pet it of dr,extwiw walls on the Fwst fir will be
S of Wqmc of ti=wwomd bM and tbe,prepe a t-fm 8 of mason+}caafftwtim And rods shams be a mimimiyrn
9 side yam auks. 'Thane w=—th=was eons f 9 pitch of 812.
10 of the residue than dm prawwd ci -foox M& 10 ADA finals,all fences except time
11 Ards vmuld aA vmducc the a=viral dfmu n tbe 11 adja t to a4ai wdl wjfl be of wrought iron or tabs
12 Aquimd ftu-foat side yard. 12 std and earh kn shall ham as fkr as ho6aspins
13 The applimat has rmpmted staff to amend 13 th M�ar m=ft=wYth a cahp rr in r. of 15.
14 the pry VMlaY&rb-triCt to ally t-foot aim 14 Tb=will be sod in the front and-side yud�wig
15 yard setbaclg on 1cu that ftm on ruiners 1ocaW to ft is Wro=rdcb dkwed in the bwk yards,and liar tiom wcm d
16 smffi of the odAmg Fairway Ir five, All prod kM on 16 br,r qu h mA the fi.vn4 back and aide yards
17 Fairway Drivc and Club View Drive w mmt the am=t 17 And that oonchjdcr>.my presmUltim for this
1 t trade r-equb=cnU of tm-foot side yard is vvmi I'd be happy to Emgwrr your'qumticros and I
19 sokba,oks,anal I'll.k showing ym n map of wh=that 19 beliavo the applicant is also he=
20 would be krat:d, 20 CO x STRANCTF—Any qUAZti0W of
21 ,Tint as a rdhr shw,here is the Mica 21 staff'# 'Thank yam,Ms.Shohm,
22 map showiug the location of the proposed avrrLyy digrim 22 We'1i now open ft public hearing. Is the
23 You sic Fresh lid there to nom, auk to the 23 applies hare and do thay wish to speak?
24 VveU Fall Worth give ani,of courEr,the Denton entry 24 MR-RUCEHART.Thank you. wry Reicbhao:t
Club to the wtVh and caW This slide slaws tha cwt 25 with Sriagbrock Pbnnmg Gmmpa 2405 Mcswg Dries iA
PLA NN &W hmETMG MAT 9TH,200- Page 5-Page 8
34
ndensehTM
Page 9 Paw 11
1 Ckvpvvim, Aud Lori did a grmt job mmmarking wb&e we 1 A&Hmx:may, T mVs Sow. CT eon,
am in the na4bborbnorl movfirng. And es a vemih of that 2 Phaw I is tbr,�a=inside tie circus drive to
3 meefmg and as a suWmEw of cue of'tbr.n6gh rs we 3 Pairway end tome I=that rye across . 7ba mca
4 --vic did xtqumt m=&m ft mks. And I jet want 4 basn't hmn dovokpod. Aad that'-s w 're ask*far
5 to nit mW that MWM vq ting 10 amcnd IM franft 5. for&=lots hwe and hare, As u can sm Comfty Club
6 CWh Vier Drive and Fakw Dr=ID ffic tm foot` All of 6 Vim,thc-mugg am mund_ari n. T=lcft am
7 ft Am xwAadms&at vec proposed previoualy wild 7 vadgpt ,cliffor rt sip. T' is nut a step and
a r=a n ft sam. A i am t map th=what $ t pert=.
9 Lei I odDred in tt 1cft that weuld ruin the 9 As you so=on Phase iL it's e11 Fmc to
10 c4n-fbm s.ebwk jnst for bm&ohirifioation. to ftp and rqmItt tyw tats. The 1a4s=cuml and my
11 I um go trod-my previous prat n. I I pzoblcm with is devabpnxmt is it n't mattain the
12 I*ink Lori did a wcat job anmg. h Wks ffic 12 look and feel of wbat Muse I is. We beu&into Ukk
13 we bove a good crawd ten t:md for tmm Wm, 13 a6gbbarhood. Tlu m to sip that was up at tc eater
14 unkss you have quefftimsf I the I'll jtt stop. 114 of ft dvvdbpmmt go if yea bo It in this,you
15 tdmif�ft otter--ycu km,the one dn=t is gomi lo jo ArUlb ebb. You vmuld Ve City of Eknmn
16 We`re prrumigg dr.tm foot I think it--I don+t Imaw lb IaWib s and You W=going to get mdd=Lal kU. ,
17 if it's fang to slkwktn everybody's mss. Tk idea 17 itrs bin--tWs Riga has b=up see day ors. We vanv
is beve is trying to mere y what vie have already 19 of tt fit pule that t this lot. 16,000
19.. Wuemg in the&yc1qpmmt in Phoo I with the Wn-fbot 19 squ=foot phs Ow kts. Thetvms tW mk,;na,�size U
20 sdbwk and ttm truwtm. -bo the f wtback. 2D in this kVmmt.
1 A04 amain,ft lot tbo lent coves, 21 -'. o now wbm dr.curmt devehiper is
22 what I idcnffwd at the last w=dm ft 30 peat-lc 22 wan&S to do is oonm in h=on Prase a ad I pint blue
23 co?mTep,haw it was cakulated und ft mvious 23. Xs cm all of that mm bow the 16.000 squire
m latiDnAT 30 pere=t-35 pe,umt buildiEg cQm=ur, 24 foot n fi,i iiin ais ddkrd in Ws markffdq mnter i&-and hO
25 which was juat the bHMr . 25 entry sign on aubview Dive or on Fairway Live. So of
PAP 10 Paw 1
1 Now.we've drc=xd that to 30 perut kit 1 au of ft ion hes PrUpWb&N8 Many lets aM g0kig
2 r bid ad pavements Ikao psans 2 to be snalkr tham 1 6,000 foot. And you cau sae that
and,nth the cimuler drives and evatiiing, 3 t '-�so=cl=down to 12,000 foot in*is rarW.
4 lbat's why ws've admd fix that increa®e. And tbr,eta 4 Tit bufldcr hid iadicatad that he bad bad
5 dmp stan&rds we fmk as mifiptiou for that to 5 s ire in to mui=from p&vle that wmtpd
6 mamtzm the chmwtfv aad tbo dizign stm�that we've 6 to build a rice ImTo bmw an a=aWr sort that bated up
7 in Phvw 1 to keep tbo C_Gnsigmmy,lamp the 7 in f�out of the ComAry Club down au Me Fey. So
8 higber knvL than we sta*-hod in Phase 1,mai.al that 8 th=lats b=am ab 12-less than 14 . Smiw
tho rcrv=rag dcyclopmni is what 'ra tying 9 aro in the 12a -f rmn ; The other problom I havc
10 do. e'vo sa ft 9tamdard ia l m 1. We want to 10 wi*tb=LoU is he s wanted to chmp--he cmVr=i&cd
11 kxV it tboubout the en1ir pm ut. And whh tmt; 11 m so=of it on thm amm on Fai-way,but whysbmld
12 I'd be happy to amsmw any questiona that you mar ham 12 uT of ffic&-% if WE stilt-�nl W Country Club
1 #, qucffb=�of ft 13 Vim and ho wants tD inchift this amond p} se into
14 applicant? Thank ym W,B art, 14 Country Club Vifflagr,,wby dKmld it&-date from what the
15 REMMBART You're wakomm 15 unit was soW m7
16 ommissiomm sTPANrjL-we do hwm om card 16 So what I mid ffim to propose is a
17 an this itm fim Rum&Decd, Ca=ford and give 17 comMmu= Let the Wader hoc bi,5 60 p==t-
18 Y=na=and addmm,Pkam OWMMSDONBR STRANGE Y=t=is ap if
19 nO.tea; My nay is RuswM HmA I 19 you 0ould U=to a CmClasiolL
20 resit at 3301 Clabvim Dries It's tom imi& .20 mptm okffy. Lt ttia buffler.linve bis
21 Cov mry CWb VUw I gins I am op seed to t}m chmapaa 21 pamu=oav=g& Lzi him how an c=nptoa onto dzsr,
22 and I'd Mir,W slato mfr ye s why. If honk at- 22 wall lots far that madrmt but mWim him to maiptain 60
23 if you look at--dam his 23 food-16,E sqlmm farm lit on evmTffiing else, And
24 CGMMMCNERMUL : tf youlujustpin 24 maintain tc tca-fbot side yard suck w that tt bps
25 ibat disc,dxy wM focus on it for yon. 2.5 in u dan'T 1mk dDsw kwthur than Phase I. So
PLANIUNG&ZONING REGULAR TW MAY M 2067 Pam.9 Page 12.
35
Cond=wbmw
Pago 13 Page 1
1 Ibla way affuw hka to dD ft-oov&aw end wic Mill 1 next b k dmt had thir am l)tg dKdnI wit the
2 ltd the l and fed d the ndgwirhami so I 2 1.6400, TIry didn't want lose mmn lots bcNmse it was
3 would Ifim to proper tImt CO ' . 3 guiT Z niin the naLO crhoDd. I fhiuk the f6lb,thE
4 om omm mTANm. Thank ym for your
.4 a juh. I don't think itTWn�tiv
. Is t an c'cI who w sjzg jn spy 5 nib&bpi. And I don't t k IACPre gping to with our
6, cm Ztem 4AI Dom dm avant vmh ik�bwm a rebuttal or 6 amag 12,WO sgmm foot low, So I hTe jhv ass the
7 makc.any-commenw? 7
8 MR- CH`Ay,TM MAdMUM was 8 com1Y1mo w L.v[A s ilk[NcI- Nr, m,do yua
9 under 2c�z tk pr-riou&- 9 Leve a m?
10 Code,and tt minimi=lot size wm 1 :OW sgum W 10 COMMInIONM THOMA& I had a qml,=of
11 that la cummtly what is Onrt th=rot now. 11 ft M W.MchIMA d The IM on F&way and
12 Wbm tk Qty was rc=�A dn prosy was 12 Ch3b Vim Dn th=is not any fixmhW numb=Ou h=3
13 MWned to t dx=am na rainizn=It sizes,and 13
but is koking at dm nap',arc ftm IOU Wit`Ift
14 you know,tW and ugn wll h9w to br.moth 14 fixmtw width as the-the Wini%late in tho
is averW W sue.and Wbm you start taming$taut I =MBg per?
16 ate,it is Wig. we eve so=ku tit am 16 MR-R HFLo u: Thm's a f -lot rx Pa
1 w 1 w 1 is wall air as 17 the cad. Tbc majorrity 1 foot or wig. Aad
18 squ=fixt And our smallmt lot is.12,082 sglao fccL 18 twe s a fOW 0&1P h=Whue tbo=is dmt I Uck
19 E4n M aVffAP 18 20XO s.U=ferL And in Am I, 19 m 97 and a half feet wide, So thcy am vcry smear in
20 ym kntaw,dr.wvmrW is 32,E squm W. lio,Pm 20 width.
21 shy ft a -&4 I i is 19,000 squaw 1 COMMMMOMM THaMA&'W.2UW of the
fix*. So our avmw is bigqx,ycm know,but we havc a 22 q8 ate'of COUM mart's 90M9 to vary IL
23 Nom and a rr The d=jbw we ahm the same` .23 little bit.
24 Tficy ha,d open space. They W a fly pLim is Phase 1. 24 mK Ri RT- m but t rite very
25 And so it is dwahhg. We have a san Llcy rn.ugu and a 25 Mfffflar.
PW 14 Page 1.
1 ranW. We am d ping undw the exist I THOM-Aq� OlMyy Think you.
2 ,fwkwing ft repUtions,and that is the 2 05M NER YnULNGE Axry other qumfiew
3 mftsm for it. We W-softNow -and some smaller 3 cf the appli-Qua th=k y Mr.Rai rL
4 lam. And-we havc a little bit of vwitty out tom. 4 Well taw ekm 1t public bcarz* Do we
5 Yua know,it dues offer a vwk4y of Id 5 how a jinn an ft ice?
6 sims, The fie:lats bwk-up to a Par 3 an the Cmmmxy 6 MMUC;sI -MOML.�&I'll Mave approval-
7 Club. The ga=s hots fits on thm luts. The width 7 COMmcssioNBR sTRANoF-:we havc a fns by
a is the mae. Tx depth is a little hit shallower. Your 8 Mr.Thomas. Do wr,havt a scnnd?
9 bk yard is a Par 3 Goff Cou=or a hoic. So we'vc 9 MfvM8WONM TMBODEAUM snd,
10 takm a look at thusc lots, 'F9-moM houm wbU is a 10 cmmcwo suua<a- we bave a s and by
1 i fairly big lug and mv'vc takm that fbotprmt and put it I 1 Dr,TI'hi ux. I will print am fetr t] of ym in t
12 on one of the smalIest his(sic)md it rits and ym 12 aurdieacc.,this tablcd f umn our lam n=hns, Amd
13 still have n rdati --I think it was abmt 25j.30 13 the were 26 people lined up an a tip:hn
14 foot back d. 14 aeon,and the applicant md the neighborhood agrecd
15 Sol YES7 tbM Ue zonx der Jots. The 15 to have a Ong. And so I would-ffi�ls it W bin a
16 tim-RwX setbwk was an a mpot to try to ad&=t o 16 gmeWul n=ting t D Wacw tat .r got now cae parse
1T WnGi � the misting lot and the fu=e WS 17 ingb ad of 26 apin t it,spa with that 1111 be vofirig f�w
18 the are sing m to try W maintain dig=&kncy and 18 to f Plmw,vot i ,An 't
19 ft Imk bW dcM an dofimlely sme der lots and 19 rcgisw, And the itm ptas 7-0.
20- ms's definitely som biter lots.
21 SO,I mMM}I 't haVC a gDod aagw,r, 21
The am sane Pewle that dm't lid the s ller lots, 22
It's the sw=a ymmt that happy wh=tha pMpWty 23
24 was==md 1 't Imow if mi}body&q c was ham. I 24
5 law I was when that was mzwed, The folks that lived
PLAWWNG&ZOMNG REGULAR NMEMNG MAY :o 2007 Pap 1 -Page 16
36
:\Our Documents\OrdinanoeskO7\ZO6-0035 Gauntry Club Village Overlay.doe
ORDINANCE NO.
AN ORDINANCE OF THE CITY of DENT ON, TEXAS, PROVIDING FOR AN OVERLAY
DISTRICT ON APPROXIMATELY 77.628 ACRES OF LAND LOCATED ON THE EAST SIDE
OF FORT NORTH DRIVE AT FAIRWAY DRIVE CURRENTLY ZONED WITH A. BASE
ZONING CLASSIFICATION AND USE DESIGNATION OF NEIGHBORHOOD RESIDENTIAL
2(NR-2),AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT
A. ATTACHED HERETO, AND DEPICTED ON EXI IT B ATTACHED HERETO;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $25P00.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
(Z06-0035)
WHEREAS, the Spring Brook Planning Group initiated a rezoning process for that certain
tract of land described by the metes and bounds description in Exhibit"A7',and depicted in Exhibit
"B", attached hereto and made a part hereof by reference (the"Property'); and
WHEREAS,the owner of the Property supports the rezoning ofthe Proper to provide for an
overlay district containing the provisions in Section 2 of this ordinance in addition to the restrictions
currently imposed by the base omm�g classification and use designation of NR-2; and
WHEREAS, the zoning restrictions modified by this overlay would allow and require
construction of larger hones with more landscaping and amenities than are currently required by the
base zoning classification and use designation of 1NR-2,'and wInch are more in keeping with the style
and scale of houses previously built in Phase I of the development under the prior base zoning
classification and use designation; and
VIIE EAS,Chapter 245 of the Texas Local Government Code may prohibit the City from
unilaterally rezoning the property to a less dense base zoning classification with larger lots to achieve
these purposes,and the current base zoning classification cannot accommodate these larger and more
harmonious homes without these additional overlay requirements; and
WHEREAS, on May 9, 2007, the Planning and Zoning Commission concluded a public
hearing as required by la , and recommended approval of the overlay district; and
VHEREAS,Sections 35.7.1,35.7.2 and 35.7.3 of the Denton Development Code authorize
the City Council to approve overlay districts to protect and enhance certain specific lands and
structures which,by virtue of their type or location,have characteristics which are distinct from lands
and structures outside such special districts and contain such reasonable and necessary requirements
to insure the protection and enhancement of said land and structures.Further,the overlay districts are
authorized to establish specific design standards and development regulations to effectuate the
purpose of the district;
VHERES, the City Council males the following findings:
A. The overlay district herein defined, is consistent with the Comprehensive Plan;
s Aour docu entslord n xnc s\07\zO -0035 country club village a erla , o
and
B. The overlay district herein defined will protect and enhance the Property and
surrounding area which are distinct from lands and structures outside of the
overlay district and the immediate neighborhood; and
C. The regulations imposed'in the overlay district serve important.and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district-NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENT ON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The overlay district(the"Overlay District")contains the follo wing additional
regulations:
A. Maximum lot coverage of 60%.
B. Minimum landscaped area of 0%*
C. Block length no greater than 900 feet. Note: Long block lengths are allowed to exceed the
base 600 foot requirement to a maximum of 900 feet,as long as,the average lot width along
the street with the long block remains-equal to or greater than 94 feet with no lot width
smaller than 80 feet.Block length may also meet existing current Denton Development Code
requirement of 1,200 feet if average lot width within the block equals or exceeds 100 feet.
D. Cul-de-sac length no greater than 400 feet.Cul-de-sac lengths are allowed to exceed the 300
foot requirement to a maximum of 400 Feet,as long as the average lot width along the cul-de-
sac remains equal to or greater than 94 feet, with no lot narrower than 80 feet. The average
lot 'Width does not include the lots on the "knuckles" or on the bulbs of the cul-de-sac (the
"odd" shape lots). Blocks 600 feet or less in kith will meet the current code requirements.
E. Minimum side yard of feet on lets that front streets located to the south of the existing
Fairway Drive.All proposed lots fronting on Fairway Drive and Club View Drive shall meet
the current Denton Development Code requirements of 10 foot side yard setback.
F. Single-story structures shall not contain less than 2,700 square feet of fully enclosed floor
area devoted to living purposes, measured from exterior wall to exterior wall.
G. Two-story structures shall not contain less than 3,000 square feet of fully enclosed floor area
devoted to living purposes,measured Vom exterior wall to exterior wall.
H. At least.eighty percent 0% of the exterior walls of the first floor (excluding doors and
windows) shall be masonry construction. Roofs shall have a mninu pitch of 8:12.
1. All fences, except those aid j acent to a gas well, shall be wrought iron or tubular steel.
J. Each lot shall conform to the following additional landscape requirements:
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sAour documents\ordinances\071 -0035 country club village overly .doc
1. Three 3 or more trees located in the front yard(and side yard for corner lots),with
combined size of at least fifteen 15 caliper inches;
2. Sod in the front and side yards,with h dromul h allowed in the rear yard; and
3. ]Irrigation throughout the yard(front, side and rear).
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, s eh 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 1 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 ofenton,
Texas, within ten 1 days of the date of its passage.
PASSED AND APPROVED this the car of 2007.
PERRY R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALFTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FOR
EDWIN M. SNY ER, CITY ATTORNEY
i
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sAour do n lardinan s1071 -0035 country club village overlay.doc
Exhibit A
Metes and Bounds Description of the Property
PROPERTY DEscRtmON
S ATE of TEXAS
COUNTY of ENTON:
BEING a 12,493 we.tract of land NoW the Geoff W.,Daugherty Spy,Abstr=t No.
.351 and the HH,Hay good Ivey.,AbStrad No.5175 City of Dente,,Dwbw Ceu V,
r6on.of dw tract of land desuibed m deed to Carman lnveswm I=.,recoWed I
Voles 4747,Pop 1 W,Deed Records Denton Count3k Tvxw(DRDCT)and.being more
panicu .y dew y.as follows:
COMMENCING at a 112*mbar cMW set at dw inursection of&e sou& gWy I'of U.S.
HiS hway N �377(filed I ZW R40,W4 ad W ning R.0.W.per V o I um.298 age 483, RDCT),
wfth the nordxastcrV hat of Fairway Drive W R.O.W.at this.Point per Cabinet U, Slide S6
fthe.Phd Records of Denton County,Tcm�
SCE N WWI V E,along the saute M' -C of Wid U.S.Highway No.177 and a vmst
Une of said Carmen traa4a dista=of 240.05 ket to a /2 rebar found at the mog why
nortea- or of Sid Curmcn tma and the sou6west conux of a had of hnd as desen'bedin
deW to Hugh Z.PrucM Towrdod i Voles 5055,ftge 2973,DRDCT,fim which a concreft
munamcnt found bows N *5011'K 529.91 fieet(Deed 530.0 Wit);
SCE S 1 W F deeming the southeasterly fine of said' .S.Highway No,37751 l*
ceth fine of mW Cann and the south lmic of said Pruca twt,a d6tu=of 400.00 feet to
the POD OF BEGGING of the herein de=iW *a bf mod,
THF,NC . .long-the nmth and west lines of saW Carmen tram and the south and eaA lizm of mid
Prueft:pct,as- tws
S 61"W4911 F,a dir�of 20,00 kct to In".rcbar found at the po'Int of cumtum ofa
non tart curve to ft lei having a Pius point that bean N 29"4539'F 3 6106
Soudmtsterly,along said tee, Wing a cAmtrat mqoe of 274111571=am dim of
172,28 (Deed 172,67 )and a chord that bps S *50W'L 170-67 act to a 1/2"
rebar found at tae,point of lw%my,fmm whicb a 112''r6ar cam.kmd bears
N E0 011
S W25 E a dance of 17.11 feet Deed 1 7.00 fact)to 3/4"rebar end at a
mentmo mner of mW Caen tact and.ft soadwast per c&WW Gatlin traeg
N 23*3758'E,a dive of 105716 feet to&e most northerjy nmthwea comm of the
hemin descAbed tract ofd fmm which a ,12'1 mt*r fotmd bears N 23 0375811�65.5 5
feet
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sAour documentg\ordinances\07\z06-0035 country club village overlay.doc
THENM EAST,depating the eag I'Me of said Ptuett tra4 traversing said Carmen
distanoe of 132.05 feet.;
THENCE S 290'2952"'E,traver-sing W"d Cannm track at a distawo of 85-00 feet pass' at/21*
M9
rem Wped set at the northwest cmncr ofCooty-Club Village,Phm 1- ,an addition to the
City ofDmton, Denton County,Tcxas M TCCOI'dCd in Cabinet V,Slide 444k PRDCr,oontinuing
a total distance of 12-9612 feet to a 1/2"roW cVped set the narthwestcrly line of
aformentioned Club Wow Nwe(50'R.O.W.per Cabinet 1), Slide 862 PRDCI),being the
soathwest wmer of said County Club Viltum Pboo t-R;
THENCE along tho wcswrty fine of said Club Mew thive,as follows.,
Somthweswly,along a non famgtA oum w the lefig havino a radius point tbat beam
S 29*29`52"E,3 DIOG fbct!,a ccntW angle of 19POT55".an are dime of 320.39 feet
and a chord that boars S 291154'24"Wj,305 3 8 fmt to a I C*'rebar capped.wt at the point
afreverse cmatm ofa cwYe-to the ri&K having a.radws of 550,00 fftt,
7
Southwesterly,along said curve,having a=mil angle of 23146127",an=dW=ce of
228-22 feet and a rhord thm bmrs S I I"11155"W,226,58 fed to a 1Ir rebar capped set
at the point of taftwqy*
S 23005V81'WO a distuce of 6.51 feet,to a 1/2"rem capped sd at the poiwt of curvahm
of a curvc to the Ick having a rad'MS of 825,LOO feet;
Sou thw e sicr]y,a to ag said rime,h avi n S a crntW an g I e of 29r,'IW 10",an=dime of
423-37 feet and a chord that bmars S 0"3VY'W,4.1-8,74 fwt to a 1/2"rebar capped set;
]I* _.
S 3,4*544T'W,non tangent to said curve,a aismca of 1.4.96 feet to a 1/2"mbar cAMd
so at dw intwswtkm with the nor0wrty flme-of said Fairway Drive;
ONCE along the n orther I y I in e of said Fahway Drives a s fol I orw s:
Southweswly,along a non tangent curve to-the left,having it radius poi it dint be=
S 13640 VI"'E, 1800.00 fee4 a omtral migle of 03'474.1",an=distaric*of 12016 fed
and a chord that bears S 74*25*2."'Wi,120.24 fat to a 1/294 rebar cappod wt at the point
angcftcy�l
W
of t
S 720130112"W�a distance oft -72 het to a I t2"'rcW capped set at the point of
emature of a curve to the right,haAMS a maims of775,00 fwq
Nocthwesterly,along said curve,bxA'nS a caml anSte-of44:1 I 5148"t 4n w 4 ismncc of
598.72-het and a ohord Am beam N 85'12 1"54"'WIr 5 83-94 feet tD a 112"rebar capped set
atthe ffit of compound eurnwre of a amw to the right,having a bus of 265.50 fwt
PC"
WorthwesWly,along said curve,-baying-a centml angle c)f IOIWI 0*.I.F an.am distamc of
Page 5
sAour docurnents\ordinances\07\zD6-0035 country club village overlay.doc
4,933 fwt and a chord that bears N 57;55155"Wo 49.06 feet'to the w est emer of
the bmin desaibed tract of land;
MESCE N M501 V E,a dime of 261.79 fW to-thC POINT OF BEGINNING and
oontainmg 12.093 acres of hn&,
NOTE,.-
Beings are refemmcd 16 tbe final plat Of Ounty Club Village,Phase I-A,recorded in Cabind
U,Slide 962 of the Plat Records of Morton Countyjexas.
Page 6
s:lour documents\ordinances\07\z06-0035 country club village overlay.doc
TRACT Ila
PROPERTY DESCRIMON
STATE Of TEXAS:
COUNTY OF DENTON+-
BEING a 62,515 am tract of land skurded in the George W.EW*UW Survey,Abstract N .
3 5 1,ffie 14.14.Haygood Survey,AhmTact No,517 and the William Hudson S urvey�AbWad No.
$861.City of Dentm Demn Coaq,TexaE4 be*M9 a portion of dot tract ofan d d=n"bed in-
deed to Cannen Investments,hm,recor&din-Vole 4747,P*gc 1842 Deed Rowr6,Denton
Counry,Te=(DRDC-T)and being mom particularly dcsciibod as follows4
COMMENCING at a 12"rebar capped wt at the intersmtion of the southeaster�I'M' e of U.S,.
M1 I
Highway No..377(called 120'R.0.1w.,adioming RDM.per Volume 288,Page 4,93*DRDCI)w
with 6e southwesterly line of Fairway Dtivc(I W R.O.W.at this point per CabiW U"Slide 862
ofd P[at Rids o f Denton Cow,Tom);
THENCE S 281,5011111,W�along thesmAmtcrfy line of said U.S.Highway:No,,377,a distance
of4OD�00 feet to Me POW'OF BEGINNING of the min desm"bed tr=of land,,,
THENCE!q, 61-I)OWW"E,depaning the smheastarly fl of sail d U.S.'Highway No. 377,
trave M, *ng said Camten md,a distace of400.00 feet;
THENCE N 2805MI"EA,travemms said Camven tr�a d6am of 419.04 ftot to a point'w the
southerly line of aRTmentioned Fairway Drive;
THENCE along the soudierly lim of said Fairway Drive,as follows:-
southewurlyV along a Am uegent curve to the right haves a radius point that bms
S 16-60115"W,265.50 feet,a centmt angle of 104'49PI'I IF,an arc diswnce of 50.14 fwt
and a chccd that bean S 68933"50"F,50,06 f�ct to a In"mbar capped set at ft ant of
wmm covalure of a mve to the kk havi Ing a radius of$25-00 feet;
SoutheasWrly,along suild curve,having a centml ugle ofW204%an am dime of
639,49 fM and a chord that bears S 851193 1"E,621,69 fm to a W"r"capped sct at
the pokit of Wgency;
N 7r,30'12"'E,a dhunoe of 20.72 feet to a 1/2',rebw capped set at the point oftmature
ofa curve to the fight Wing a radius of 17SOX0 feet;
Northc&tuly.akag said cur ,havimg a owtW angle of 30P3 IM I",an am disumm of
935.92 fed and a chord tW bears N 87*49W F,924.90 fizt to a W"rem capped sd
at the Point of lownc3r,
S 76,05 t'!6*E,a dismee of 170.82 feet to a 112"re bar capped wt at the pohA of
Page 7
sAour documents\ordinances\07\z0 -0035 county club village overlay.doe
urvatm of a core,to the K having a radius of 3 00-01)fam
SoufficagerLyl,along aW curve,having a cep angle of x" 12 .am dime of
ett anal.a chord that beam S M " 106.55 feet to a 1/2'"rebar capped vt at
the northwest=mer ofd 23,Blo&I OfCauntry Ctub Village,Pfim I:-A an addition
to the City of Donton,Denton County,Teas w recorded im Cabinet U,Bade$62,
PRDC, ;
THENCE S 26*4TO V E,drag the soberly line ofd Fairway Wive,non-tangent to said
ury on to wou I'uv of said Lot 23,Block 1, istmwe of 141, -feet to a 1/2"r bar capes
set at the soAwest comer of saki IA9 23,B Iwk
ONCE S W ' "Ej along the sauth.IM" e of said Lot 23�Block 1,a dista=of 3A 11 fmt to
ITrebar cappM set at the southem corner of d Lot 23,Mck 1,said point lying in the cast
I'me of said Cwmen tmet and ft wo line trwt of land(MW Tract)=desm'bed in deed to
Den:w.Coin Clulx temded in Volume 199,Pap 453,. RDCT
THENCE S 04"20'22"Wv aWg the mt fift of said Carmen tract and the wmt fithe ofd
Denton County, Club Ord Trea,a dim of a15 feet to a-railroad crossfie fence coma posy:
fwd at a soutbeast coma of said Caen trwr,said point lying k the noTth fine tract of.
land as described in dead to H-B,Bly,recorded in 1 .me 1913,Page 74 1,,DRDCT-
TMNCE N Ual4 4&*W,along the south fim of said Carmen tract mW the north line of M'd MY
ov of 1452-92 fixt to a 112if rabar found at a rcentrant comer of sMd Cara=tract
and$p newest corner ofd Bly pct-,
THENCE S 0 1"36"25r'W,along the a#line of said- pct,a distance of 103235 feet
(Dmd 1032 fcct to a 112"'rc ar capped sd.at the localice of a 2-1/2"stmi pipe previously
found(now item at the most southerly soudient comer Cmen Uut,fry whob
f2" bund be=S 0 1*OF 15 n W, 1428 53-fm 1 1 429.99 Wit)and a 60d nad found
bows S " F,,0.69 fw
THENCE S 80"2919"WI
ftnorth I'm' e ofa ttact of
land as dasmled ift Exhibit BA"of deed to Doyle Thompson,Jr,rovonW in Voles 1175,Pap
3 M DRDCT, a 4LAwc of 1049.42 fmt to the southwea comer of tw min gibed tract of
land and the souther comer of ate.3,333 aorc tmd of I&W as descry in deed to.ale
Una Nest Chamk reawded in doomem nutnber.00 -P 161335,Dom,hm which a 2-
1/2 sftcl pipc found bcm S "2948"W,802.6 feet;
SCE N 01036219"Et departing thc south line or sW Cartnm bma and the north line of said
Thwnpson Aract km*the cut Ii=of M' 3,333 wtv Chin VW,a ftwo of�9-79
fimt to the northeast comcr of S-MW called 3,333 am Chi vw;
SCE N 6 IW49"W,along the north line of Wd caged 3.3 33 wn Church kad and the x
north 12me of a 14.094 acrc trwt of an as dc=lmd in dwd to ale Unites MeMo ist Ch mk
Page
sAour docum pmt s\ordir=oes\07\zO6-0035 country club village overlay.doc
morded"in Volume 5167,Page 'I 07k DRDCT,a distance of 713.61 feet to a I t2"mbar aqTed
set'dw asurly fine of afoommytioned U.S.Highway No.,377,being the moA northerly convex
of said 14.084 acre Chumh ftaa4
THENCE N 280501 V E,along dw southeaswly line ofsaid'US.Hloway No.377 and the
northwogaly fino of Omen bw(a distance of 649-09 fed to the POINT OF BEGROUNG
and conmWng 62,515 acms of land.
NOTL
Bearings am referenced to the final plat of County Club Vila .Pima I-A,more.in Cabinet
U,:Slide 862 of the Plat Records of Dmtm Cmnty,Ttush
Page 9
sAour documen \ordinances\ 7\z0 -0035 country club village ov rlay.doc
Exhibit
Property Depiction
i
......_...
........... ....... . ................ ...........
tiITE
..... ......
...........................
. .......................
..................
Page 1
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2007
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider nominations to the Denton County Housing Finance Corporation (DCHFC).
BACKGROUND:
The Denton County Housing Finance Corporation is a statutory body established for the purpose
of providing financing for the cost of residential ownership and development that will provide
decent, safe and sanitary housing for residents of Denton County at prices they can afford. The
City of Denton has five appointments to this board. Board appointments are for six years, and
board members serve until they are replaced. The Commissioners Court must formally approve
City Council nominations to the DCHFC Board.
Denton currently has three people serving on the board and two vacancies. Phil Gallivan, Mark
Chew, and Linnie McAdams were appointed in April 2001 for a 6 year term which ended on
12/31/2006. Nominations submitted to Commissioners Court will serve until 12/31/2012.
Respectfully submitted:
•F
FYI
Betty Williams
Executive Administrator
Attachments: Denton County Housing Finance Corporation (DCHFC) Facts
DCHFC Committee List
DCHFC Amended& Restated By-Laws
Denton County HoFinance Corporation (DCHFC)
Purpose:
The Denton County Dousing Finance Corporation is duly incorporated under and
pursuant to the Texas Dousing Finance Corporation Act for the pose of benefiting and
accomplishing public purposes of, and on behalf ofDenton county, Texas,by financing
the-cost of residential ownership and development that Will provide decent, safe and
sanitary housing for residents of the Denton County at prices they can af ford. (Bylaw
Attached)
CHFC Board Membership
11 members total
0 Cynthia White is the current Chairperson of the DCHFC Board
0 The Chairperson is chosen by members of the Board
Denton County has five appointments to the DCHFC Board
• City ofDenton has five 5 nominations to the DCHFC Board
Current Board Members that reside in the City of Denton
Phil Gallivan
Mark Cher (Vice Chairman)
Minnie McAdam
Vacant Position Kelly Carpenter filled the position when Kathy Du Bose retired)
Vacant Position(Harold Perry)
Attached is the complete roster of Board appointments,term, address, and email and
phone numbers
All City of Denton positions on the Board require appointment and/or
reappointment.
0 Board members serve for a -year term.
There are no term limitations in current bylaws.
Board Members serve until replaced.
0 Board Members are removable by the Commissioners Court for cause or at
ill.
i The County Commissioner formally approve the Benton City Council
nominations to the CHFC Board
CFC Bond Counsel
Fulbri ht &Ja vorske L.L.P.
Robert D. Dransfield, .Attorney
2200 Ross Ave., Suite 2800
Dallas, TX 75201
Tele: (241) 855-8068
Pax: (214) 855-820
Email address: rdransl ulri t,eoM
CHFC Financial Advisor
First Southwest Company,
Robert Johnson, Senior Vice President
325 forth St. Paul Street, Suite 800
Dallas, TX 75201
Tele: (214) 953-4055
Pax: (214) 853-8799
Email Address: Klohnson@firstsw.com
CHFC, County Aid to the Court
Denton County Commissioners Court
Barbara Loop r, Aid to the Court
110 W. Hickory St.
Denton, TX 76201
(940) 349-2832
Email Address: ark ara.loop &_denton nt om
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AMENDED AND RESTATED BY-LAWS OF
DENTON COUNTY HOUSING FINANCE CORPORATION
(Amended March 3, 19 9 3)
ARTICLE I
Powers and Purposes
SECTION 1.01 . Pu ose. The Denton County Housing Finance
Corporation (the "Corporation") is duly incorporated under and
pursuant to the Texas Housing Finance Corporation Act (the "Act")
for the purpose of benefiting and accomplishing public purposes of,
and -on* behalf of Denton County, Texas (the "Unit") ,, by financing
the cost of residential ownership and development that will provide
decent, safe and sanitary housing fl* residents of the Unit at
prices they can afford. It has been ��termined and declared by the
Legislature of the State of Texas t i�.t�..-such residential ownership
and development will (a) provide f or dftd.promote the public health,
safety, morals, and welfare; (b) relieve conditions of unemployment
and encourage the increase of industry.-.and commercial activity and
economic development so as to reduce the evils attendant upon
unemployment; (c) provide for efficient and well-planned urban
growth and development including the elimination and prevention of
potential urban blight and proper coordination of industrial
facilities with public services, mass transportation and
residential development; (d) assist persons of low 'and moderate
income in acquiring and owning decent, safe and sanitary housing-
which they can of ford; and (e) preserve, and increase ad valorem tax
bases of local governmental units; and the foregoing have been
determined and declared by the Legislature of the State of Texas to
lessen the burden of government and to be public purposes and
functions .
The Corporation is organized solely to carry out the purposes
of the .act and spec if i tally shall have the- power to make or acquire .
home "fnortgages or make loans to lending institutions.
SECTION 1.02 . Powers. The Corporation shall have all such
powers as are conferred by the Articles of Incorporation and the
Act.
SECTION 1..03 . Exercise of Powers and Authorization of Bonds.
The exercise of any or all powers granted by the Act may be
authorized, and the bonds may be authorized to be issued under the
Act f or the purposes set f orth in the Act, by resolution of •the
Board of Directors of the Corporation, which shall take effect
immediately upon adoption.'
SECTION 1,04 Books and Records . The Corporation.shall keep
correct and complete books -and records of account and shall keep
minutes of proceedings of its Board of Directors.
ARTICLE II
Board of Directors
SECTION 2 . 01. Powers. Number and Term of Office. The
property and affairs of the Corporation shall be managed and
controlled by the Board of Directors and subject -to the
. restrictions imposed by law, the Articles of Incorporation and
these By-laws, the Board shall exercise and be vested with all
powers of the Corporation. The Board of Directors shall consist of
eleven (11) directors, all of whom shall be residents of the Unit,
of which number five - (5) shall be residents of, the City. of Denton,
Texas, and all of whom shall be appointed by the governing body of
the Unit. The members of the Board of Directors holding the office
of director on March 3, 1993 shall have a term of office ending
December 31, 1994 . Subsequent directors may be appointed by the-
governing .body of the Unit f or a term of six (6) years, and are
removable by the governing body of the Unit for cause or at will .
Any vacancy occurring on the Board of Directors through death,
resignation or otherwise, shall be filled by appointment by the
governing body of the Unit, the appointed member to hold office
until the expiration of the term for which the vacating director
had been appointed.
SECTION 2 . 02 . Meet iMs of Di rectors. The directors may.hold
their meeting within or without the State of Texas as the Board of
Directors may from time to time determine; provided, however, in
the absence of any such determination by the Board of Directors,
the. meetings shall be held at the registered of f ice of the
Corporation in the State of Texas.
. SECTION 2 .03 . RecMlar Meetings . Regular Meetings of the
Board of Directors shall be held without necessity of notice at
such times and places as shall be designated, from time to time, by
resolution of the Board of Directors.
SECTION .2 .04 . Special Meet iMs., Special Meetings shall be
held whenever called by the president, by the secretary, by a
majority of the directors for the time being in office or upon
advise of or request by the governing body of the local
governmental unit.
The Secretary shall* give notice- - to each director of each
Special Meeting in person, or by mail, telephone or telegraph, at,
least two (2) hours before the meeting. . Unless otherwise indicated
in the notice thereof, any and. all matters pertaining to the
.Purposes of the Corporation may be considered and voted upon at a
Special Meeting. At any meeting at. which every director shall be
present, even though without any notice, any matter pertaining to
the purpose of the Corporation may be considered and acted upon.
Whenever any notice is required to be given to any director
hereunder, a waiver thereof in writing signed by the person or
persons entitled to such notice, whether before or after the time
stated therein, shall be equivalent to the giving of such notice.
SECTION 2 .05. Quorum. A majority of the directors shall
constitute a quorum, and when a quorum is present, action may be
taken by a majority vote of the directors present.
SECTION 2 .06. Conduct of Business. At the meetings of the
Board of Directors,, matters pertaining to the purposes of the
Corporation shall be considered in such order as from time to time
the Board of Directors may determine.
At* all meetings of the Board of Directors, the president shall
preside, and in the absence of the president, the vice president
shall exercise the powers of the president.
The secretary of the Corporation shall act as secretary of all
meetings of the Board of Directors, but in the absence of the
secretary, the presiding officer may appoint any person to act as
secretary of the meeting.
SECTION 2 .07. Executive Committee. The Board of Directors,
by resolution passed by a majority of the directors -in office, may
designate two or more directors to constitute an executive
committee, which committee, to the extent provided in such
resolution, shall have and may exercise all of the authority of the
Board of Directors in the management of the Corporation, except
where action of the Board of Directors is specified by law. The
executive committee shall act in the manner provided in such
resolution. The executive committee so designated shall keep
regular minutes of the transactions of its meetings and shall cause
such minutes to be recorded in books kept for that purpose in the
office of the Corporation, and shall report the same to the Board
of Directors- frbm time to time.
SECTION 2 .08. Compensation of _Directors Directors as such
shall not receive any salary or compensation for their services,
except that they shall be reimbursed for their actual expenses
incurred in the performance of their duties hereunder.
007==
ARTICLE III
officers
SECTION 3 . 01. Titles and Term of Of f ice. The of f icers of the
Corporation shall be a president, a vice president,' a secretary and
a treasurer, and such other officers as the Board of Directors may
f rom time to time elect or appoint . one.person may hold. more than
one office, except that the president shall not hold the office of
secretary. Terms of office shall not exceed three. years. The
President and Vice-President shall be chosen from the members of
the Board of Directors. The Treasurer and Secretary may or may not
be members of the Board.
All off icers shall be subject to removal from office, with or
without cause, at any time by a vote of a majority of the entire
Board of Directors.
A vacancy in the of f ice of any of f icer shall be f illed by a
vote of a majority of the directors.
SECTION 3 . 02 . Powers and Duties . of the President. The
president shall be the chief executive officer of the. Corporation
.and, subject to the Board of Directors, he shall be in general
charge of the properties and affairs of the Corporation; he shall
preside at all meetings of the Board of. Directors; in furtherance
of the purposes of this Corporation, he may sign and execute all
contracts, conveyances■ franchises, bonds, deeds, assignments,
mortgages, notes and other instruments in the name of the
Corporation.
SECTION 3 .03 . Vice President . The vice president shall have
such powers and duties as may be assigned to him by the Board. of
Directors and shall exercise the powers of- the president during
that officer' s . absence or inability to act . Any action taken by
the vice president in the performance - of the duties of the
president shall be conclusive evidence of the absence or inability
to act of the president at the time such action was taken.
SECTION 3 . 04 . Treasurer. The treasurer shall have custody of
all the funds and securities of the Corporation which come into his
hands. . When necessary or proper, he may endorse, on behalf of the
Corporation, for collection, checks, notes and other obligations
and shall deposit- the same to the credit of the Corporation in such
bank or banks or--depositories. as shall be des-ignated in the manner
prescribed by the Board of Directors; he may sign all receipts and
vouchers for payment made to the Corporation, either alone or
jointly with such other officer as is designated by the Board of
007MS14
Directors; whenever rewired by the Board of Directors, he shall
render a statement. of his cash account; he shall enter or cause to
be entered regularly in the books of the Corporation to be kept by
him for that purpose full and accurate accounts of all monies
received and paid out on account of the Corporation; he sh&ll
perform all acts incident to the position of treasurer subject to
the control of the Board-of Directors; he shall, if required by the
Board of Directors, give 'such bond for the faithful discharge of
his duties in such form as the Board of Directors may require.
SECTION 3 05 . Secretary. The secretary shall keep the
minutes of all meetings of the Board of Directors in books provided
for that purpose; he shall attend to the giving and serving of all
notices; in furtherance of the purposes of ..this Corporation, he may
sign with the president in the name of the Corporation, and/or
attest the signature thereto, all contracts,, notes and -other
instruments of the Corporation; he shall ' have charge of the
corporate books, record, documents and instruments, except the
books of account and financial records and securities of which the
treasurer- shall have custody and charge, and such other books and
papers as the Board of Directors may direct, all of which shall at
all reasonable times be open to inspection upon application at the
office of the Corporation during business hours, and he shall in
general perform all duties incident to the office of secretary .
subject to the control of the Board of Directors.
ARTICLE Iv
Provisions Regarding Articles of
Incorporation And By-laws
SECTION 4 .01 . Effective Date. These By--laws shall become
effective upon adoption by the Board of Directors. ' -
SECTION 4 .02 . Amendments to Articles of Inco o ation and B laws. The Articles of Incorporat.ion may at any time and- from time
to time be amended, provided that the -Board of Directors 'f i 1 e s
with the governing body -of the Unit a written application
requesting that said governing body approve such amendment to the
Articles of Incorporation, specifying in such application the
amendment or amendments proposed to be made, If. said governing
body by appropriate resolution finds and determines that it is
wise, expedient, necessary or advisable that the proposed amendment
be made, authorizes the same to be made and approves the form of
the proposed amendment, the Board of Directors may proceed to amend
the Articles as provided in the Act.
The Articles of Incorporation ,may also be amended at any time
by the governing body of the Unit at its sole discretion by
adopting an amendment to the Articles of Incorporation of the
omrs��
r
Corporat ion .by resolution of said governing body and.del ivering the
Articles -of Amendment to the Secretary of State as provided in the
Act .
• These by-laws may be amended by majority vote of the Board of
Directors .
SECTION 4 . 03 . Interpret,at ion of By-laws These By-laws and
all the terms and provisions hereof shall be liberally construed to
effectuate the purposes set forth herein. If any word, phrase,
clause, sentence, paragraph, section or other part of these By--
laws, or the application thereof to any person or circumstance,
shall ever be held to be invalid or unconstitutional *by any court
of competent jurisdiction, the remainder of these By-laws and the
application of such word, phrase, clause, sentence, paragraph,
section or other part of these By--laws to any other person or .
•circum' stance shall not be affected thereby.
ARTICLE V
Fiscal Provisions
SECTION 5 . 01. Non-profit Corporation -- Disposition of.
Earning�s__ The Corporation is a public -non--prof it corporation. No
dividends shall ever be paid, and no part of the net earnings of
the Corporation shall be distributed for or inure to the benefit
of, its director, or officers. or - other private person,
association. or corporation, except in reasonable amounts for
services rendered, and except that in the event the Board of
Directors of the Corporation shall determine that sufficient
provision has been made for the full payment of the expenses,
bonds, and other obligations of the Corporation, then any net
earnings of the Corporation. thereafter accruing shall be paid to
the Unit; provided, however, that nothing herein contained shall
prevent the Board of Directors from transferring all or any part of
.its properties in accordance with the terms of any. contract or
agreement entered into by the Corporation.
SECTION 5. 02 . Fiscal Year. The fiscal year of the
Corporation shall be as determined by the Board of Directors.
SECTION 5 . 0 3 . CheckB,� Demands for. _Money., and ,Notes. All
checks or demands for money and notes of the Corporation shall be
signed by such officer or officers or such other person or persons
as the Board of Directors may from time to time designate provided
that in no event shall a check be negotiable until it is signed by
at least one officer.'
SECTION 5 . 04 . Dissolution of Corporation -- Distribution of
w�+r �r�urr�.ir.rrr - -
Funds and Pro erties. Upon dissolution of the Corporation, title
W76n=
to all -•-funds and properties or interest. in any real or personal
property owned by the Corporat ion at the time of such dissolution
shall vest in the Unit, and possession of such funds and properties
or interest in properties shall forthwith be delivered to the Unit,.
ARTICLE VI
General Provisions
SECTION 6 . 01. Pr inc i al office. The principal office of the
Corporation shall be within the Unit* '
The Corporation shall have. and continuously maintain in the
State of Texas a registered office (which may be, but need not be,
the same as the principal off ice) and registered agent in
accordance with the provisions of Article 2 .0 S, Texas Non-Profit
Corporation Act. The Corporation may change its registered office.
and registered agent in accordance with the provisions of Article
2 .06, Texas Non-Profit Corporation Act, Process may be served on
the Corporation in accordance with the provisions of Article 2 . 0 7,
Texas Non-Profit Corporation Act .
SECTION 6. 02 . Seal . The seal of the Corporation shall be as
determined by the Board of- Directors.
SECTION 6 . 03 . Resignations_.. Any director or officer may
resign at any time. Such resignation shall be made in writing and
shall take effect at the time specified therein, or, if no time be
specified, at the time of its receipt by the president or
secretary. The acceptance of a resignation shall not be necessary
to make it effective, unless expressly so provided in the
resignation.
0076MSrr