HomeMy WebLinkAboutJanuary 8, 2008 Agenda
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City of Denton City Council Agenda
January 8, 2008
Page 2
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. GOVT. CODE, §551.001, ET SE . (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, January 8, 2008 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 state under God,
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.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - R). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - R below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Ambulance Service Agreement
between the City of Denton and Denton County for ambulance services; and
declaring an effective date.
City of Denton City Council Agenda
January 8, 2008
Page 3
B. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Fire Protection Agreement
between the City of Denton and Denton County for fire protection services; and
declaring an effective date.
C. Consider adoption of an ordinance approving an agreement between the City of
Denton, Texas and the Denton Chamber of Commerce; and providing an effective
date. The Economic Development Partnership Board recommends approval (7-0).
D. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Opening Doors Immigration
Services for provision of assistance to victims of domestic violence; providing for
the expenditure of funds therefor; and providing for an effective date. ($500)
E. Consider approval of tax refunds for the following property taxes:
Name Reason Tax
Year Amount
1. Evers Parks Ltd/Keybank Real Estate DCAD Supplemental Change 2006 $ 6,814.71
2. First American/Nationstarhortgage 2006 Overpayment 2006 $1,488.56
3. Ezell Air, Inc DCAD Supplemental Change 2006 $ 861.51
4. GCBSXX, LLC DCAD Supplemental Change 2006 $ 829.90
5. Ezell Air, Inc DCAD Supplemental Change 2006 $ 722.39
F. Consider adoption of an ordinance authorizing the City Manager to execute a
Water Main Cost Participation Agreement between the City of Denton, Texas and
Robson Denton Development L. P. for the City's participation in the oversizing of
water mains and in accordance with the terms and conditions of this ordinance;
authorizing the expenditure of funds therefor; and providing an effective date. (In
the not-to-exceed amount of $247,308.26). The Public Utilities Board
recommends approval (6-0).
G. Consider adoption of an ordinance of the City of Denton authorizing the Mayor to
execute an amendment to that certain Tax Abatement Agreement with Aldi
(Texas) L.L.C. approved by the City Council on August 21, 2007, by providing
that, as a condition of the Abatement, Aldi shall construct a certain portion of
VVescourt Road so specifications acceptable to the City of Denton and further
providing that the construction of Wescourt Road shall be completed and
accepted by the City of Denton prior to the issuance of tax abatement by the City
of Denton; providing for a severability clause; and providing an effective date.
The Economic Development Partnership Board recommends approval (7-0).
H. Consider approval of a resolution of the City Council of the City of Denton,
Texas authorizing the filing of a proj ect application with the North Central Texas
Council of Governments for a Regional Solid Waste Program -Local
Implementation Project; delegating and authorizing George C. Campbell, City
Manager, or his designate, to act on behalf of the city in all other matters that are
related to this project application, pledging that if funding for this project is
received, the City of Denton, Texas will comply with all project requirements of
the North Central Texas Council of Governments, the Texas Commission on
Environmental Quality, and the State of Texas, and providing for an effective
date.
City of Denton City Council Agenda
January 8, 2008
Page 4
I. Consider adoption of an ordinance amending Ordinance 2007-260 so as to award
a one-time purchase for overhead mounted and underground pad distribution
transformers for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3886-One-Time Purchase for
Overhead and Underground Distribution Transformers awarded to Wesco
Distribution in the amount of $770,846, and to Techline, Inc. in the amount of
$98,676 for a total award amount of $869,522).
J. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute Change Order One to the contract between the City of Denton and The
Fain Group, Inc.; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3770-Cedar Street Improvements Change Order One in the
amount of $197,744.64).
K. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Lower Colorado
River Authority for the acquisition of 69kV and 13 8kV circuit breakers for
Denton Municipal Electric by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3623-Interlocal Agreement for the
Purchase of Circuit Breakers for Denton Municipal Electric awarded to Siemens
Power Transmission and Distribution in the amount of $347,390). The Public
Utilities Board recommends approval (6-0).
L. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Agreement with Tarrant County and awarding a contract for the
purchase of nine police sedans; providing for the expenditure of funds therefor;
and providing an effective date (File 3946-Interlocal Agreement for Police
Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount
of $205,884).
M. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of Shady Oaks and Brinker Paving and
Drainage Improvements; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3897-Shady Oaks and Brinker Paving and
Drainage Improvements awarded to JRJ Paving, L.P. in the amount of
$2,884,059.98).
N. Consider adoption of an ordinance approving an Interlocal Cooperation
Agreement (ICA) in the amount of $3,304,057.98 between the City of Denton and
Denton County for the construction of Shady Oaks Drive and Brinker Road,
authorizing the City Manager or his designee to execute said Agreement on behalf
of the City of Denton; and declaring an effective date.
0. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of Western Boulevard Drainage Phase
I; providing for the expenditure of funds therefor; and providing an effective date
(Bid 3929-Western Boulevard Drainage Phase I awarded to Ed Bell Construction
in the amount of $4,699,337.85).
City of Denton City Council Agenda
January 8, 2008
Page 5
P. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Professional Services Agreement with the firm of Brown Reynolds
Watford Architects, Inc. to provide architectural design services for the City of
Denton Senior Center; authorizing the expenditure of funds therefor, and
providing an effective date (File 3943 in an amount not to exceed $145,000).
Q. Consider adoption of an ordinance accepting competitive bids and awarding a two
year contract for mowing for various City departments; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3926-Two
Year Contract for Mowing awarded to the lowest responsible bidder, for each
section, in the annual estimated amount of $373,316).
R. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a grant application from Elk River Investments from the
Downtown Incentive Grant Program not to exceed $10,000; and providing for an
effective date. The Economic Development Partnership Board recommends
approval (7-0).
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding the initial
zoning of an approximately 0.12-acre tract of land from a Rural Residential 5
(RD-5) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning
district and the rezoning of an approximately 1.39-acre tract of land from a
Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential
Mixed Use zoning district. The property is located on the north side of Teasley
Lane and northwest of Old Alton Road, directly south of John H. Guyer High
School. (Z07-0024, Wild 1Vlustang Crossing) The Planning and Zoning
Commission recommends (5-0).
B. Hold a public hearing and consider adoption of an ordinance regarding
amendments to the Rayzor Ranch Overlay District encompassing approximately
410 acres of land located generally on both sides of U.S. Highway 380 (West
University Drive), between Interstate Highway 35 and Bonnie Brae Street;
providing for a zoning change from Neighborhood Residential 6 (NR-6) and
Neighborhood Residential Mixed Use (NRMU) zoning districts to base zoning
districts of Neighborhood Residential Mixed Use (NRMU) and Regional Center
Commercial Downtown (RCC-D) for part of the site south of U. S. 3 80 as well as
amending of the development standards for the Rayzor Ranch Overlay District
and establishing development standards (including but not limited to permitting
single family detached, single family attached, multifamily and office uses)
applicable to a portion of the subject property which lies south of U. S. Hwy 3 80;
and amending Chapter 35, Subchapter 7 of the city of Denton Code of
Ordinances, "Denton Development Code", "Special Purpose and Overlay
Districts" to amend section 3 5.7.13 "Rayzor Ranch Overlay District". (Z06-0029
and Z06-0030, Rayzor Ranch) The Planning and Zoning Commission
recommends approval (6-0).
City of Denton City Council Agenda
January 8, 2008
Page 6
C. Hold a public hearing and consider adoption of an ordinance amending
Subchapter 16 of the Denton Development Code concerning recording of plats,
construction of public improvements and building permits. (DCA06-0017,
Subchapter 16) The Planning and Zoning Commission recommends approval
(6-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations/appointments to the City's Boards and Commissions.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Nell Yeldell regarding update on mistakes made by city, county
and state.
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.
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 Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2008 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: January 8, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager ~
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding projects to be included in
Denton's FY 2009 Congressional Priority Project requests.
BACKGROUND:
Since fiscal year 2003, Denton has submitted Congressional priority project requests to our
legislators for projects that qualify for special consideration, treatment or funding based on the
needs of the community and the appropriateness for federal consideration. Many of Denton's
initial requests were for transportation proj ects because of the delay in the reauthorization of
TEA-21 and the need for improved roadways to handle Denton's growing population. Denton
requested funding assistance so that projects could be expedited to meet growing vehicular
traffic.
Since our first submission, Denton has received in excess of $12 million in earmarked federal
funds (Attachment 1). Congressional earmarks are becoming increasingly difficult to obtain due
to growing number of requests and the lack of growth in funding availability. Because of the
growing number of requests, increased information and detail must be provided to Congressional
representatives with submitted project requests. Most Federal agencies require that the recipients
of congressionally earmarked funds submit a proposal and that the proposal be approved by the
agency before the funds will be released. Generally, successfully earmarked proj ects receive
between $100,000 and $1 million per year for duration of one to three years.
In preparation for making Denton's FY 2009 requests, staff reviewed our project funding needs,
as well as the FY 2008 Congressional Priority Proj ect requests. The Airport Advisory Board and
the Mobility Committee concurred with staff's recommendation on the Airport Safety and
Security Enhancements request (Attachments 2 & 3). The Downtown Development
Improvements and Regional Public Safety Training Facility requests remain the same as
approved by City Council for FY 2008. The requests have been placed in a booklet that contains
figures, photo s and other graphics (Attachment 4) .
RECOMMENDATIONS:
The recommendation from boards, committees and staff is that Council approves the three
recommended projects as our FY 2009 Congressional Priorities. These include:
FY 2009 Congressional Priority Projects
January 8, 2008
Page 2
Airport Safety and Security Enhancements $990,000
Downtown Development Improvements $700,000
Public Safety Training Facility/Technology $4,500,000
PRIOR ACTION/REVIEW:
The Airport Advisory Board and the Mobility Committee have reviewed the Airport Safety and
Security Enhancements request.
Respectfully submitted:
5
5 ~ L y{~
r
`~
L i i~{
I ~TitJ
John Cabrales Jr.
Public Information/Intergovernmental Relations
Officer
Attachments: Attachment 1: Congressional Funding Received
Attachment 2: Airport Advisory Board Minutes for November 7, 2007
Attachment 3: Draft Mobility Committee Minutes for December 4, 2007
Attachment 4: FY2009 Congressional Priorities
Attachment i
CONGRESSIONAL PRIORITY PROJECTS FUNDS RECEIVED
JANUARY 2008
ZOOS Airport Taxiway Realignment $2,000,000
2004 Airport Runway Realignment $2,O4O,o00
Downtown Redevelopment Infrastructure
erimeter sidewalks $700,000
2005 Downtown Multimodal Transporta~on
Facili $3,200,000
Downtown Redevelopment
Infrastructur erimeter sidewalks $200,000
2006 Airport Southeast Taxiway $2,000,000
Police Technology $150,000
IH-35E Bridge @ Loop 288 ~ US 77 $2,000,004
2007 The Federal Governument operated under a
Continuin Resolution - no earmarks
NA
ZOOS Denton Public Safety Training Facility
Technolo *$352,004
TOTAL FUNDS RECEIVED $12,642,404
* The FY 2008 Omnibus Appropriations Act includes this funding and President Bush is
expected to sign the bill shortly. The Omnibus includes a two percent across-the-board cut
for projects, which means this funding will be reduced to $344,960.
Attachment 2
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S
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S
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10
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15
16
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19
20
21
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2b
27
28
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3b
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AIRPORT ADVISaRY BOARD
NOVEMBER 7, 2007
After determining that a quorum was present, the Airport Advisory Board convened for a
Regular Meeting on Wednesday, November 7, 2007 at 5:30 p.m. in the Denton Civic
Center Building in the Community Raom at 321 East McKinney, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Woolfo lk, Vice Chairman Dr. Smith, Mr.
Brewer, Jim Clark, Mr. Brown, Mr. Eames, and Dr. Kristoferson arrived 5:40 p.m.
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Tim ,Whitman, Airport Manager, Julie Mullins,
Administrative Assistant, Mark Nelson, Chief Transportation officer, Lori Shelton, City of
Denton Planner.
PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group
ITEMS FaR INDIVIDUAL CUNSIDERATI(lN
V. Receive a report, hold a discussion and provide a recommendation on projects
to be included for the Denton Airport as part of the Zoo9 Congressional
Priority Project request.
Dr. Smith informed the Board and Airport Management that the Radar that the
Tower should have is RCAD radar type remote Dolor arts display.
Mr. Whitman said it is staff's recommendation to reuse the same Congressional
request of $990,000.00 for security enhancements and radar since no action was
taken in the current year.
Mr. Whitman has been working with the FAA to ensure that the surplus equipment
is compatible with DFW and will continue to work diligently with the FAA and
Congressman Burgess' office to resolve this issue.
Chairman Woolfollc clarified the motion to approve the recommendation on the
projects to be included in the 2009 Congressional Priority Projects with the
correction for the Radar name.
Mr. Brewer made a motion to approve the 2009 Congressional Priority Projects.
Mr. Eames seconded the motion.
Motion carried b-o.
Attachment 3
~ DRAFT MINUTES
2 City Council Mobility Committee
3 Tuesday, December 4, 2007
4
s After determining that a quorum of the Mobility Committee of the Denton City Council was
6 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday,
~ December 4, 2007 at 2:00 p.m. in the City Council work session room, 215 E. McKinney Street,
S Denton, Texas.
9
l0 Present: Chair Pete Kamp, Mayor Percy McNeill and Council Member Bob Montgomery
11
1 Z Also Present; George C. Campbell, City Manager
13 Howard Martin, ACM Utilities
14 Jim Coulter, Director Water Wastewater Utilities
15 Mark Nelson, Transportation Director
~ 6 Tim Whitman, Airport Manager
~~ John Polster, ITS
~ 8 Rachel Connell, Director of Membership, NASCO
19 Francisco Conde, Director of Special Projects & Communications, NASCO
zo
z1 ITEMS FaR INDIVIDUAL C~NSIDERATIDN
22
z3 4~ Receive a report, hold a discussion and consider a recommendation to City Council
24 on projects to be included for the Denton Airport as part of the 2009 Congressional
zS Priority Project request.
z6
z7 Nelson called on Whitman to present this item. Whitman stated that every year Congressional
28 requests are made and the City has been very fortunate in 200G to receive $2.81 b nvllion which
29 was utilized for the runway extension and, in 2005, received $2.205 million which was utilized for
3o the terminal and the taxiway reconstruction.
31
3z Last year a budget request was submitted in the amount of $990,000 to acquire a radar system
33 and to also add security enhancements which were fencing and gate items. Congress did not fund
34 that request. Staff discussed recommendations to be put in this year's request. There were
3s several options; go back with the same request or consider pulling the radar item out of that
3 6 request and to fund it with other city money. Staf f met with Larry Perkins with the FAA,
37 Congressman Burgess's staff as well as some members of the City Council. It was a good
38 meeting and the FAA basically stated if the City could find a way to come up with approximate
39 $350,000 to $450,000 to install the equipment it could get a DBRITE Radar system that has been
4o decommissioned. The equipment would be donated and once the City had installed it, it would be
41 signed over to the FAA which would then take over all maintenance responsibilities and maintain
42 it as FAA property. Once this equipment is replaced or upgraded and DFW's equipment is
43 upgraded, it will be upgraded at the FAA's cost making this a great opportunity for the City.
44
45 Mayor McNeill asked "the equipment would be donated and then purchased for $350,000?"
46 Whitman stated the $350,000 would be for the installation of the equipment. Whitman also stated
47 this would be a win/win situation and that it would get the equipment for the City and
4S Draft Minutes of the City Council Mobility Committee meeting
Attachment 3
~ December 4, 2007
2 Page 2
3
4
5 would give us radar access and would not lock the City out in the future to receive the next latest
~ and greatest technology.
7
8 Whitman next presented a second option for FY 2009 which would be to remove the radar
g project request and submit a request in the amount of $990,OOO for security enhancements which
Io would include two separate projects. The first project would be $750,000 identified for 20,000
1 ~ linear feet of security fencing and automated access gates. The current six foot security fencing
~ 2 could then be extended along the southeast perimeter of airport property to the northwest corner
13 of airport property.
14
15 Whitman also stated that in conversations with Congressman Burgess's, it was recommended that
16 staff keep the request around $1 million or less. Staff therefore recommends that the radar be
1 ~ pulled out of the Congressional request, look at alternative sources with city funds, and submit a
18 request in the amount of $990,000 for security fencing and improvements.
19
20 Mayor McNeill stated that during a spring meeting, Congressman Burgess stated he was very
2 ~ interested in supporting the security fencing, and that it would help with the City demonstrating
22 the cornnutment of moving forward with its own money to pay for the radar.
23
24 Chair Kamp stated she wanted to note that as, Kim Reasoner and Patricia Bostick from Burgess's
25 office, Larry Perkins from the FFA, Tim Whitman, Mark Nelson, Council Member Bob
26 Montgomery and John Cabrales talked about and provided history, it was realized there was a
27 better way to do this and the Congressman's representatives became very excited about it. It was
28 a very positive meeting and Larry Perkins from FFA was wonderful; very candid and very
29 supportive.
30
31 Montgomery stated that for the first time the person from FAA, Perkins, could answer questions.
32 Perkins stated there was no line item in the budget and that the City is currently number 21 in line
33 and the way to get from 21 to 1 in line would be to pay for the installation.
34
35 Ch~a~ir Kamp stated this is appropriate use of gas well money.
36
37 Mayor McNeill motioned to accept staff's recommendation of Option 2 for the $990,000 for
3 s fencing and the City find the money somewhere in the budget to install the donated radar
39 with a second from Council Member Montgomery. The motion was approved by a 3-0
4o vote.
41
42 Chair Kamp commented that Tim made a presentation at the Conference and she would like to
43 state what a great job he did in explaining the City's needs at the airport.
44
45
City fficial~
Mayor
Perry McNeill
Mayor Pro Tem
Pete Kamp
Deputy Mayor Pro Tem
Joe Mulroy
Councilmember
Charlye Heggins
Councilmember
Jack Thomson
Councilmember
Chris Watts
Councilmember
Bob Montgomery
CITY STAFF
City Manager
George Campbell
Assistant City Manager
Howard Martin
Assistant City Manager
Jon Fortune
Assistant City Manager
Fred Greene
For more information please contact:
John Cabrales
Public Information/Intergovernmental Relations
Officer
215 E. McKinney St.
Denton, TX 76201
940-349-8509
FY 2009
Table of Contents
PROJECTS PAGE
Priority Projects:
Denton Municipal Airport 2
`;.
The City of Denton appreciates the delegation's support for this priority and fully re-
spectfully request continued support for this prioority project. DTO plays an important
role in the regional economy, serving as a general aviation hub for North Texas. As
a result of substantial capital investments by the City of Denton and TxDOTAviation,
the Denton Airport has increased the number of private developments on the field.
These developments have in turn increased the airfield employment base by more
than 40 percent and the development pace is projected to continue to grow.
The Denton Airport is requesting $990,000 indiscretionary funding for security
enhancements. These improvements include security fencing and controlled access
points to increase airport security and wildlife control. This project is recognized in
the current Airport Master Plan. FAA personnel have identified the lack of security
fencing as a weakness that needs to be addressed. The installation of the security
fencing will further facilitate the current growth trend on the facility as more and more
corporate aircraft operators will only utilize secured facilities.
Denton Municipal Airport [DTOI Safety and Security Enhancements
3; ~ t$
DENTON
FY 2009
Denton Airport has approximately 240 based aircraft and experiences more than
100,000 operations per year with a large amount of corporate jet and a steady
increase in air cargo activity. The airport attracts aircraft operations from all over
the world due to its major maintenance facilities as well as its location and con-
venience. The addition of the newly aligned primary taxiway has increased the
safety and capacity of the airport for airport users.
Completed projects over the past year at the airport include:
• Completion of a new terminat and administration building.
• Completion of a new;parallel taxiway which can serve as an emergency
landing surface should the runway be closed or unusable.
Future planned projects at the airport include:
• The extension of the runway to 7;000 feet.
• The design and construction of a new taxiway from the runway to the
southeast side of the airport to improve development opportunities.
For more information please contact:
Airport
Mark Nelson
Chief Transportation Officer
5000 Airport Road
Denton, TX 76207
940-349-7702
mark. nelson@cityofdenton. com
The Hickory Street Corridor Project will link Downtown Denton's historic square (on the Na-
tional Register of Historic Places) to the future Denton County Transportation Authority (DCTA)
raitstation and the Multimodal Transit Facility on the east and to the`Universityof North Texas
(UNT) to the west. This connectivity is critical to 4he City of Denton as we work o improve
mobility to and through our Downtown Square.
Also,. a major catalyst project that will create more than 130 new residential units and over
50,000 square feet of new office and retail space is in the planning stages. The project is
located on the southeast corner of the Downtown Square. New, wider, safer and accessible
sidewalks are needed to facilitate pedestrian and bicycle traffic generated by new commercial
development and the transit station in the Downtown area.
Downtown Denton Development Improvements
In the Summer of 2007, the City selected a site for the $3.1 million Downtown Denton
Multimodal Transit Facility that will compliment the proposed DCTA commuter rail station off of
E. Hickory Street and Railroad Street.
The Hickory Street Corridor will be the
critical link from the Downtown Denton
Multimodal Transit Facility to historic
Downtown area and to the Univer-
sity of North Texas. The City greatly
appreciates the federal funding the
delegation obtained for this important
project.
Selected site for Multimodal Transit Facility
Denton Downtown Development Improvements:
Hickory Street Corridor Project
FY 2009
Cedar Street Capital Improvement Project
On August 20, 2007, work began on the Cedar Street Capital Improvement
Project; we anticipate that it will be completed by March 2008. The Cedar Street
Improvements will mirror the look of the square improvements, which were
completed in 2001. The Cedar Street Project will replace all water and sewer lines,
many of which are over 50 years old. The project will also widen sidewalks,
making it ADA accessible for the first time in history. Street trees, benches, bike
racks and pedestrian amenities will also be added.
The estimated cost for this project is $1.2 million; more than $800;000 of it comes
from CDBG Economic Development Initiative and Neighborhood Initiative funds.
This. project will help enhance mobility and aesthetics as well as upgrade':utility
lines on the west side of the Downtown Square:
_.'v'.
;w
The City of Denton appreciates the FY 2008 funding provided forthisproject,iis requesting..
$4.1 million indiscretionary funding for technology uses associated with the planned cdn-
struction of astate-of-the-art joint police and fire regional public safety trairiing facility. The
new facility presents the City of Denton an opportunity to become a leatler in setting higher
standards,for quality emergency service training,which adds to homeland security pre-
paredness and improved community safety. The City expects to exceed both the academic
and technical requirements for emergency responders as well as responders from-the
entire region. Partnerships with area colleges, as well as other areapublic safety agencies,
are already being developed. ,
In November 2004, the City purchased an 88-acre site for the building. of this regional train-
ing facility at a cost of $2.03 million. In July 2005, the Cityhired Kirkpatrick Architectural.
Studio for $205,500 to work on the master plan for the facility. Several meetingshave been
held with stakeholders of the training center, such as North CentralTexas College (NCTC),
to establish their needs and criteria for this regional facility.
In July 2007, the City Council approved almost $12.6 million for the construction ofthis
regional training facility that will include: atwo-story residence burn building, outdoor class
room, high rise burn building, an Urban Search and Rescue structural collapse area, a
trench rescue site, a confined space rescue site, a
10-lane shooting range and a shoot house. There
will also be a 20,500 square foot classroom that
will allow public safety personnel from around the
region to meet and exceed ongoing day-to-day
training requirements from basic academies to
advanced programs through our partnership with
NCTC. This regional training will also improve mu-
tual aid and inter jurisdictional relationships. Our
hope is to open the regional public safety training
facility sometime in early 2009.
Denton Regional Public Safety Training facility
FY 2009
Fire Station #7
The first phase of the regional public safety training facility began on April 30, 2007, with the
opening of fire station #7 on a portion of this 88 acre site. This fire station was awarded a Gold
Leadership in Energy and Environmental Design (LEED) rating from the United States.Green
Building Council (USGBC). This is only the second fire station in the natiorrto receive this rat-
ing. This building was designed and built using LEED standards to provide a state of theart fire
station and incorporate the concepts of sustainable site development;-water savings, energy
efficiency, environmentally "friendly" materials selection, and-indoor eriyronmental quality. The r
facility received 42 LEED points, 39 poirits are required fora Gold rating. The building serves
as an educational tool that cam be used to demonstrate the benefit`s of LEED and Green Build-
- ing designs.
,
The $4.1 million discretionary funding request wilF be used to fund the advanced Technical
needs of this regional public-safety, training facility._Specificteehnology requests include ~ -
$3:5 million to fund Use of Force ahd Driving simulators and,600,000 to'fund administrative/
classroom multimedia technology. ; h
t
Public Safety
Fred Greene
Assistant City Manager
215 E. McKinney St.
Denton, TX 76201
940.349-8354
fred.g reeve@cityofdenton.com
For more information please contact:
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene
SUBJECT - MPC07-0002 (Cole Ranch)
Receive a report hold a discussion and give staff direction on the proposed Cole Ranch
Master Planned Community for approximately 3,256.92 acres of land, generally located
west of Interstate 35 West, south of Tom Cole Road.
BACKGROUND
Applicant: SLF Cole Property, LP Dallas, TX
The Cole Ranch Master Planned Community (Cole Ranch MPC) consists of
approximately 3,256.92 acres and will include a variety of land uses that will provide
opportunities for vertical and horizontal mixed-use developments. The development will
consist of approximately 1,955 acres of Single-Family (NR-3) development, and
approximately 342 acres of Neighborhood Residential Mixed Use (NRMU & NRMU-12)
development with multi-family, attached single-family, retail and office uses. The
development will also contain 180 acres of Community Mixed Use (CM-G) zoned
property, 301 acres of Employment Center (EC-C) zoned property, and 85 acres of
Industrial Center (IC-E) zoned property (see Exhibit 2). The applicant is estimating there
will be 1.9 million square-feet of retail development, 273,000 square feet of restaurant
development, 2.0 million square-feet of office space and 1.6 million square-feet of
industrial space when the development is built out in 2025. The estimated residential
development will consist of 6,182 single-family homes with a density of 2.9 dwellings
per acre, 2,621 attached single-family homes with a maximum density of 12 units per
acre and 2,800 multi-family units with a maximum density of 30 units per acre.
The community is being designed with higher density and more intense uses (office and
retail) along the proposed Loop 288 right-of way and a more traditional suburban
residential development towards the south and west. Two Neighborhood Residential
Mixed Use Districts are proposed to provide higher density residential and neighborhood
service oriented businesses to the surrounding single family detached residential areas.
On July 18, 2006, the City voluntarily annexed approximately 3,406 acres into the city of
Denton. Approximately 185 acres of the property is under contract to be sold to the Aldi
Company for a distribution center and is not a part of this rezoning request. The
remaining 3,256.92 makes up the Cole Ranch MPC. The City Council approved a
rezoning from the initial zoning of Rural Residential (RD-5) to Industrial Center General
(IC-G) for the Aldi property on December 4, 2007.
The Denton Independent School District (DISD) has purchased a 90 acre high school site
which will be part of Phase III of the development. A middle school site has also been
finalized as part of Phase II and two elementary school sites are proposed, as shown on
the development plan exhibit (See Exhibit 2). The exact locations have not been
determined but the two elementary schools sites will be donated by the property owner to
DISD. All four school sites make up approximately 165 acres of land within the Cole
Ranch development.
There are approximately 680 acres of open space included in the MPC. Much of the open
space is made up of floodplain and Environmentally Sensitive Areas (ESAs). The
applicant will identify the ESA mitigation measures at the final plat process. The
applicant will dedicate approximately 72 acres of park land for both passive and active
recreational purposes as required by the city of Denton Park Land Dedication
requirements.
The applicant held a neighborhood meeting on the evening of October 8, 2007 at Denton
Fire Station #7 on Vintage Boulevard. Six people from the surrounding area and the
University of North Texas were in attendance. Concerns were raised at the meeting
regarding the light produced from the development and truck traffic on Underwood Road.
Pursuant to Subchapter 35.7.12.2.D.1 of the Denton Development Code, the Cole Ranch
MPC must comply with the Code, except where modifications are proposed. The
applicant has submitted a MPC Zoning Document and Development Standards Document
that outlines the alternative development regulations and standards that deviate from the
provisions of the Denton Development Code.
Only those uses listed in the tables below shall be permitted in each phase of the Cole
Ranch development in the areas so designated on the Phasing Plan map. No use is
permitted in any phase until the Development Plan Map for that phase has been
approved, consistent with the defined uses and restrictions.
NR-3 Single Family Residential
NRMU-12 Neighborhood Residential Mixed Use
12 dwellin units er acre
( g p )
NRMU Neighborhood Residential Mixed Use
CM-G Community Mixed Use General
EC-C Employment Center Commercial
IC-E Industrial Center Employment
The proposed MPC will deviate from following subchapters in the Denton Development
Code:
• Subchapter 5 Zoning Districts and Limitations
• Subchapter 12 General Regulations
• Subchapter 13 Site Design Standards
• Subchapter 14 Parking Standards
• Subchapter 15 Signs and Advertising Devices
• Subchapter 17 Environmentally Sensitive Areas
• Subchapter 19 Drainage Standards
Subchapter 22 Gas Well Drilling and Production
A significant portion of the Cole Ranch MPC is within the Airport Compatibility Land
Use District 2 (ACLUD 2). The proposed MPC exceeds the requirements of the
Subchapter 35.7.4 Denton Municipal Airport Overlay District by requiring both the Noise
Mitigation Standards of Subchapter 3 5.7.4.12 and by requiring an Avigation Easement
for the areas within the ACLUD2 (See Exhibit 1 for ACLUD 2 Boundaries within the
Cole Ranch MPC).
Subchapter 17 Environmentally Sensitive Areas of the Denton Development Code (DDC)
provides for Alternative Environmentally Sensitive Area Plans to allow for deviations
from the requirements of Subchapter 17. The applicant is proposing criteria for approval
and standards to approve deviations from Subchapter 17. The Alternative
Environmentally Sensitive Area Plans are approved by the City Council with a
recommendation of the Planning and Zoning Commission. The applicant is proposing the
deviations from Subchapter 17 be approved by staff with the criteria and standards that
will be codified in the Cole Ranch MPC and exceed the current requirements provided in
the DDC.
Subchapter 19 Drainage Standards in the Denton Development Code generally prohibits
the development of a floodplain. The applicant is proposing to deviate from this
requirement and provide standards and requirements to ensure the protection of the
floodplain.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 18, 2006 City Council held the second and final reading of the Ordinance to
voluntarily annex the Cole Ranch (approximately 3,406 acres).
September 12, 2007 The Denton Planning and Zoning Commission received a report,
held a discussion and gave staff direction on the proposed Cole
Ranch Master Planned Community.
October 10, 2007 The Denton Planning and Zoning Commission received a report,
held a discussion and gave staff direction on the proposed Cole
Ranch Master Planned Community.
November 8, 2007 Denton Municipal Airport Board received a report and held a
discussion regarding the proposed Cole Ranch MPC. The Board
discussed the proposed avigation easement and how the
development would affect future Airport growth. The Board
unanimously voted to support the MPC zoning request.
November 14, 2007 The Denton Planning and Zoning Commission received a report,
held a discussion and gave staff direction on the proposed Cole
Ranch Master Planned Community.
January 9, 2008 The MPC is scheduled for the Planning and Zoning Commission to
hold a public hearing and consider making a recommendation to
City Council regarding the MPC zoning.
EXHIBITS
1. Proposed Development Plan Map
2. Proposed Phasing Plan Map
3. Current Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
Prepared by:
~~
Lori Shelton, AICP
Planner II
Respectfully submitted:
EXHIBIT 1
Proposed Development Plan Map
EXHIBIT 2
Proposed Phasing Plan
EXHIBIT 3
Current Zoning Map
EXHIBIT
Proposed Zoning Map
EXHIBIT 5
Future Land Use Map
Exhibit 6
Cole Ranch MPC
Zoning Document
Including
Zoning Districts
Limitations
General Requirements
Site Design Standards
Parking Standards
Signage
Environmentally Sensitive Areas
Gas Well Drilling and Production
Floodplain Reclamation
General Note: Except as clearly and specifically stated herein, the provisions of this document
are subordinate to all ordinances of general application in the City of Denton, Texas. The
provisions of this document do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Cole Ranch MPC. The terms of this document
serve as limited exceptions to the general zoning standards of the City of Denton, only to the
limited extent specified herein, and are intended to be construed narrowly and restrictively. Any
stated exceptions to specific sections of any ordinance or land use standard shall apply only to
the limited extent necessary to achieve the stated exception, and all other requirements of such
cited provisions that are not specifically excepted shall continue to apply in full force and effect
within the Cole Ranch MPC.
Page -1
§ 35.5. shall be excepted as follows:
Upon review and approval of a detailed Development Plan Map for each phase, locating
proposed land uses in a zoning category format, identifying site access, connectivity, and general
public improvements, providing a table showing all the land uses, including the total acreage of
each proposed land use and the total acreage of the project, and showing boundaries reflecting
the phasing plan in conformity with the requirements otherwise associated with a Development
Plan Map, pursuant to Denton Development Code 35.3.4., then only those uses listed in the
tables below shall be permitted in each phase of the Cole Ranch development in the areas so
designated on the Phasing Plan map. No use is permitted in any phase until the Development
Plan Map for that phase has been approved, consistent with these defined uses and restrictions.
If there is a question as to whether a use not listed below is permitted, the Director of Planning
shall make a determination whether the use is permitted or prohibited.
NR-3 Single Family Residential
NRMU-12 Neighborhood Residential Mixed Use
12 dwellin units er acre
( g p )
NRMU Neighborhood Residential Mixed Use
CM-G Community Mixed Use General
EC-C Employment Center Commercial
IC-E Industrial Center Employment
Zoning districts and limitations shall be the same as for DDC Sub-chapter 5, except as
noted below.
35.5.2.2 is excepted to allow these Permitted Uses
A. Equestrian Facilities (boarding of horses only) is a permitted use with an SUP in
NR-3.
B. High School is a permitted use in NR-3. School facilities in ACLUD zone are
limited to athletic facilities and open space. No classrooms or administrative
offices, except the athletic office, are permitted in ACLUD zone.
C. Construction Materials Sales is a permitted use in CM-G.
35.5.2.3 General Regulations
The following exceptions are allowed as part of the Subchapter 35.5.2.3 General
Regulations Table:
A. Regarding "Maximum density, dwelling units per acre," in all Neighborhood
Residential categories, individual building permits or subdivision plats maybe
approved with densities exceeding the maximums; however the density in any
development pod as shown on the Development Plan Map may not exceed the
Page - 2
maximum for that zoning category. Density will be calculated as base density as
defined in Subchapter 23 of the Denton Development Code.
B. Minimum side yard for non-attached buildings in NR-3 is 5 feet.
C. Minimum landscaped area in NR-3 is 50%.
D. Maximum lot coverage for single family attached uses only in NRMU-12 is
75%; Minimum landscape area is 25%.
§ 35.5.8. shall be excepted to provide the following additional limitations with respect to the
zoning classifications and use designations defined by this document:
35.5.8 Limitations
L(6) is excepted to allow the following:
Permitted only on 2nd story and above, when an office, retail or other permitted
commercial use is on the ground floor within 300 feet of any public collector or
arterial street (as shown on the thoroughfare plan); otherwise, office or retail
uses are not require .
L(11) is excepted to allow the following:
Drive throughs are allowed. Drive throughs and associated stacking may not be
located between the building and street right-of way.
L(17) is excepted to allow the following:
Uses are limited to no more than 25,000 sf of gross floor area per use, except
grocery stores, which maybe up to 65,000 sf of gross floor area. No exceptions
may be allowed by SUP process.
General Regulations shall be the same as for DDC Sub-Chapter 12, except as noted below:
35.12.5 Minimum Floor Area Requirements
The first sentence is excepted to allow as follows:
The minimum air-conditioned floor area requirement for single family dwellings,
including modular homes or any pre-manufactured home in any zoning district is
1600 square feet per unit.
35.12.6 Minimum Residential Lot Size
35.12.6 is excepted to allow as follows:
Each detached single family residential unit must be built on a minimum 4,500 square
foot lot. Each attached single family residential unit must be built on a minimum
1,200 square foot lot.
Page - 3
35.13.7 Tree Preservation and Landscaping Requirements
35.13.7.2.C shall be modified to include street right of way as a exemption
The Landscape and Tree Canopy Requirements Table on page 13-14 of the DDC
is excepted for NRMU andNRMU-12 zoning districts as follows:
1. In the NRMU-12 District, a 25% Tree Canopy Cover shall be required for
single family attached uses only.
2. In the NRMU District, a 20% Tree Canopy Cover shall be required for
commercial and vertical mixed use developments. Residential uses will provide a
minimum of 40% tree canopy.
35.13.7.C Street Tree Requirements are excepted as follows:
35.13.7.C.3.a.11 Multl-Family Residential Townhome and Non-Residential
Developments -spacing of street trees shall be one (1) tree for every 50 linear feet of
street frontage, minimum.
35.13.8 Buffer and Screening Requirements
35.13.8.A.l.a Add the following sentence:
No buffer is required when anon-residential ormulti-family use is abutting to a
residentially zoned greenbelt /open space of 200 feet or more in width.
35.13.8.A.2.a.iii shall be added as follows:
111. A masonry wall constructed of a decorative concrete masonry unit, or faced
with brick veneer with the finished side facing the residential use or zoning
district; the masonry used for the buffer wall shall be the same as that used for
the non-residential ormulti-family development.
35.13.10 Access, Parking and Circulation Requirements
35.13.10.B.1.C shall be excepted to read as follows:
Parking lots with greater than 200 spaces shall be divided into separate areas and
divided by landscaped areas or walkways at least 10 feet in width, or by a building or
group of buildings. This applies only to a development with a single building of
65,000 square feet or larger.
35.13.10.C.2.b shall be excepted to read:
b. A minimum 10 foot wide landscape area planted with one large tree for every
50 linear feet, except along areas where parking in front of buildings is
permltte .
Page - 4
35.13.10.C.3.a shall be excepted to read:
a. Parking lots shall be separated from the street right-of way line by a
minimuml5' landscape area to reduce visual impacts.
35.13.10.C.3.b shall be revised to read as follows:
b. The 15 foot landscape area may overlap into a Public Utilities Easement (PUE)
where such PUE exists adj acent to the street right-of way, but in no case may
trees be planted within the PUE.
35.13.10.C.3.c shall be excepted to read as follows:
c. A landscape berm with a maximum 1 on 4 side slope on both sides, or a 3 foot
high wall made of any combination of wrought iron, masonry, stone or
decorative concrete panels, shall be designed within the 15' landscape area to
help screen the parking lot.
35.13.13 Site Development Requirements
3 5.13.13 . l .A shall be excepted to add the following:
8. Masonry Fireplace with projecting chimney mass
35.13.13.1 shall be revised to read as follows:
B. Front-facing garage doors onsingle-family detached houses shall not occupy
more than 40% of the total building frontage. Front-facing garage doors that are
at least 3 0 feet behind the house front may exceed the 40% frontage minimum.
Garages may extend beyond the house front on no more than 30% of lots in any
phase.
C. Houses with the same elevation (represented by "A" below) must be separated
by a minimum of three lots whether located on the same side of the street or the
opposite side.
~ s ~ ~ ~ ~ ~t f `~-
J. Excepted from application.
35.13.13.2 Multiple Unit Residential Dwellings and Multi-Family Developments are
excepted to read as follows:
Page - 5
35.13.13.2.A.l.ishall be excepted to read as follows:
Accessory structures such as carports and storage units (but not including garages,
leasing offices, club houses or recreation centers) shall not be located along a public
right-of way and/or private street system.
35.13.13.A.1.j shall be excepted to read as follows:
Garages shall not be located along the portion of the building that fronts a public
right-of way. When garages front a private street, they must observe a minimum set
back of 20 feet from the street curb.
Parking Standards shall be the same as for DDC Sub-chapter 14, except as noted below:
35.14.4 Spaces Required
35.14.4.A.1 shall be excepted as follows:
Single family dwellings -Two (2) spaces per dwelling unit; in single family attached
dwellings only, the spaces may be tandem parking spaces.
Signage standards and procedures shall be the same as for DDC Sub-chapter 15, except as
noted below:
3 5.15.17.5 of the Denton Development Code shall be amended to include the following graphic
exception for effective area of signs within NR-3, NRMU-12 and NRMU districts.
Requirements for Environmentally Sensitive Areas shall be the same as for DDC Sub-
chapter 17, except as noted below:
35.17.7 Undeveloped Floodplain Development Standards
Page - 6
35.17.A.6 shall be excepted to read as follows:
Parks, open space, recreational uses, trails, walkways and bike paths (including paved
trails, walkways and bike paths up to 12 feet in width).
35.17.7.C shall be modified by replacing the first sentence with "Filling or alteration
of any flood plain of a stream that drains either more or less than one square mile is
prohibited unless the proposed fill and/or alteration meets the following requirements:
1. Subchapter 19 -Drainage Standards except for any provision that prohibits
filling or alteration of flood plain areas within a drainage basin of greater than
one square mi e.
2. Any impacts to ESAs will be mitigated in conformance with Section 35.17.12
as modified by these Development Standards.
3. Any fill within any flood plain area shall be offset by an equal amount of
excavation in the same general area resulting in no net loss of valley storage
regardless of the size of the drainage basin.
4. The lowest finished floor elevation of all habitable residential structures shall
be a minimum of 24 inches above the adjacent 100-year base flood elevation
based on encroached stream conditions as contained in the appropriate Flood
Insurance Study, or if unavailable, based on ultimate watershed development
conditions.
35.17.8 Riparian Buffer and Water Related Habitat Development Standards
35.17.8.A.1 shall be excepted to read as follows:
Up to 10% of the area maybe disturbed for public or private yard structures including
but not limited to: gardens, yards, trails, and clearings, but which are no closer than
25 feet from the stream band or riparian buffer. No disturbance is permitted in
delineated wetlands unless as permitted under a USCE Section 404 Permit and/or an
approved ESA Mitigation Plan
3 5.17.8.A.10 add to include the following:
Parks, open space, recreational uses, trails, walkways and bike paths are permitted
within the jurisdictional areas subject to USAGE approval. However, encroachment
of a total of one third of half of the width of the stream buffer as measured from the
outer edge of the stream buffer inward is permitted. Trails and sidewalks can be
located along only one side of the stream within the stream buffer. Pedestrian bridges
are permitted encroachments across stream buffers.
35.17.12 Mitigation of Environmentally Sensitive Area Disturbance
Section 35.17.12 shall be replaced in its entirety with the following:
In the event that the Developer wants to propose impacts to the ESAs, then the
following provisions shall apply. These provisions apply only to the proposed ESA
impacts and mitigation. Any other deviations from the Denton Development Code
would be addressed in accordance with the procedures for an Alternate Development
Plan (ADP) in conformance with Section 35.13.
Page - 7
1. Mitigation of any ESA disturbance will be allowed subject to approval of an ESA
Mitigation Plan including any one or combination of the following measures:
a. Enhancement of existing ESA's within the Cole Ranch MPC at a 2:1 ratio of
enhanced ESA to original ESA.
b. Relocation of the ESA to protected open space areas outside the original ESA
areas on an acre- or-acre asis.
c. Implementation of best management practices addressing impacts to
ecological functions and water quality.
Mitigation of any impacts to USCE jurisdictional areas will also serve as the
mitigation for any impacts to ESAs that fall within the same impacted area.
2. ESA Mitigation Plan -Requirements
An ESA Mitigation Plan shall include the following specific items:
a. Delineation of existing ESAs based on the approved ESA Review and/or ESA
Assessment.
b. Overlay of proposed development activity necessitating the need to impact the
existing ESAs.
c. Delineation of ESAs impacted including a chart with each impact area
numbered or lettered and an acreage or square footage calculation of the
respective impacted area.
d. Construction plans and details for the implementation of the ESA Mitigation
Plan including plans for grading, planting, erosion control and irrigation
(temporary or permanent).
e. Specifications for construction methods and materials.
f. A Mitigation Plan Summary Table providing calculations that demonstrate the
appropriate mitigation ratio of enhanced or replaced ESA to existing ESA.
g. An Inspection Schedule for the proposed improvements consistent with the
type of improvements being proposed and the necessary timing to allow for
city staff inspection.
3. ESA Mitigation Plan -Process
An ESA Mitigation Plan will be submitted to the City for review concurrent with
an application for preliminary plat for residential subdivision uses or with an
application for a site plan and/or final plat for non-residential uses.
Upon determination that the ESA Mitigation Plan is in conformance with the
Denton Development Code and the Cole Ranch MPC Development Standards, the
Director of Planning and Development will approve the ESA Mitigation Plan
subj ect to any applicable conditions of approval.
The Developer may appeal any non-approval action by the Director of any ESA
Mitigation Plan to the Planning and Zoning Commission in accordance with
Section 35.3.7.
Page - 8
The Developer may proceed with construction of the development project,
including the mitigation improvements, upon the approval of the ESA Mitigation
Plan, posting of a cash bond, surety bond or letter of credit in an amount equal to
100% of the estimated cost of the plantings and any other approvals and permits
required by the Denton Development Code appropriate for the particular
development project.
The mitigation improvements will be inspected by City Staff during the
construction period in accordance with the Inspection Schedule as described
above and must be deemed substantially complete in accordance with the
approved plans by the Director prior to issuance of building permits for residential
projects (except for model homes) and prior to certificate of occupancy for non-
residentialprojects.
4. ESA Mitigation Standards
The standards by which any mitigation plan will be reviewed for approval will be
dependent on the type of ESA being impacted and whether replacement and/or
enhancement of the impacted ESA is being proposed.
However, the following general guidelines will apply to all Cole Ranch ESAs and
any proposed impacts and subsequent mitigation.
1. All development plans and plats shall use best efforts to avoid and/or
minimize impacts to ESAs to the extent practical within the context of a
master p anne community.
2. The total aggregate of impacted ESA acreage shall not exceed 25% of the
baseline 503 acres of existing ESA on the Cole Ranch MPC as a result of
residential or commercial development. Impacts to ESAs by or on behalf of
federal and state entities and public utilities, as defined in Subchapter 23 of
the DDC, shall not apply to the 25% maximum acreage impact.
3. Proposed mitigation for ESA impacts shall generally be in-kind and located
within the Cole Ranch MPC area.
4. Proposed mitigation for ESA impacts shall take into consideration the
resulting ecological function of the remaining area and water quality
associated with storm water runoff resulting from any net loss of ESA.
The following mitigation standards shall apply to any impacts to ESAs within an
undeveloped floodplain, riparian buffer or water related habitat:
1. Mitigation of impacts shall be accomplished by a) replacement of the ESA, b)
enhancement of an existing ESA or open space area, or c) a combination of
both.
2. Replacement of ESAs shall be an acre-for-acre and based on an inventory of
hydrology, ground cover, shrubbery and trees within the area of impact
performed prior to the area being disturbed. Replacement of ESA vegetation
can exceed the amount of original vegetation for the area, but in no case be
less than originally existed. All replacement trees shall be a minimum of 2"
caliper and shrubs shall be a minimum of one gallon container. The species of
replacement trees, shrubs and ground cover shall be the same as practical to
Page - 9
the vegetation being replaced with a deliberate effort being made to produce a
sustainable environment free of undesirable plant materials consistent with the
City's Native Plant List. Replacement streams shall have substantially the
same hydrology and at least the same overall length as the original stream.
3. Enhancement of other existing ESAs or open space areas for mitigation of
ESA impacts shall be provided on a minimum 2:1 ratio of enhancement to
original ESA acreage. The 2:1 ratio shall apply to the acreage being impacted
and mitigated. All enhancement trees shall be a minimum of 2" caliper and
shrubs shall be a minimum of one gallon container. The species of
enhancement trees, shrubs and ground cover shall be the same as practical to
the vegetation being replaced with a deliberate effort being made to produce a
sustainable environment free of undesirable plant materials consistent with the
City's Native Plant List.
5. ESA Mitigation Monitoring and Reporting
The Developer will prepare an annual report each year for three consecutive years
beginning 12 months following the commencement of the implementation of an
ESA Mitigation Plan for the purposes of describing the cumulative construction
work that has been performed up to the date of the reporting period and to report
on the current survivability of the plantings. These annual reports will be
submitted to the city for review and inspection.
6. ESA Planting Survivability and Replacement
Upon completion of the three-year monitoring and reporting period, the City shall
inspect the plantings and determine whether ninety percent (90%) of the plantings
are healthy and have a reasonable chance of surviving to maturity. Upon such a
finding, the City shall release the currency, bond or letter of credit. In the absence of
such a finding, the Applicant shall be notified to replace any unhealthy or dead
plantings. If the applicant does not take remedial steps to bring the property into
compliance, the City shall make demand for payment on the cash bond, surety bond,
or letter of credit. The City may use all legal remedies to enforce this provision in
addition to making demand on the security provided herein.
Gas Well Drilling and Production standards shall be the same as for DDC Sub-chapter 17,
except as noted below:
35.22.3.A shall be excepted to read as follows:
The drilling and production of gas within M. T. Cole Ranch MPC shall be permitted
only on those gas well tracts designated on the Development Plan Map, provided that
no residential structure or place of assembly, institution or school exists within two
hundred feet (200') from the wellhead and provided that the drilling and production
of gas meets the following requirements:
Page -10
1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas
Well Drilling and Production.
2. An approved Gas Well Development Plat and a Road Damage Remediation
Agreement are on file with the Director.
3. A Gas Well Permit has been issued by the Fire Marshall.
4. A Watershed Protection Permit for wells located in the Flood Fringe or other
ESA's.
These requirement will apply whether the gas well or structures were constructed
first.
35.22.3.B shall be deleted and Items C, Dand Eshall be re-lettered to become Items
B, C and D .
Drainage Standards shall be the same as set forth in DDC Subchapter 19 except as follows:
35.19.4.D.1 Floodplain Restrictions
The second sentence shall be replaced with the following:
These floodplain areas shall be preserved from all destruction or damage
resulting from clearing, grading or dumping of earth, waste or material, or
stumps, unless the proposed fill or alteration of the floodplain is part of a Master
Planned Community (MPC) and the resulting hydraulic condition is consistent
with the requirements of Sections 35.19.5 and 35.19.6 and these Cole Ranch
Development Standards.
35.19.4.D.2 Creek Restrictions
The first sentence shall be replaced with the following:
MajoN cheeks shall Nemain in an open natural condition except foN peNmitted fills
and alterations that are a part of a MPC and consistent with the requirements of
Sections 35.19. S and Section 35.19.6 and these Cole Ranch Development
Standards; smaller creeks or drainage ways may be channelized if allowed by
Subchapter 17 pNOVided they meet the criteNia of the DNainage CNiteria Manual.
35.19.6.I Floodway and Drainage Related Minimum Elevations
l .a shall be replaced with the following:
Lots shall have a minimum elevation for the finished grade of the buildable area
(including parking areas) of the lot of one (1) foot above the adjacent 100 yeah
base flood elevation (based on encroached stream conditions as contained in the
appropNiate Flood Insurance Study oN, if unavailable, based on ultimate
watershed development conditions) for non-residential land uses and a minimum
elevation of one and a half (1. S) feet above the adjacent 100 yeah base flood
elevation (based on encroached stream conditions as contained in the appropriate
Flood Insurance Study oN, if unavailable, based on ultimate wateNShed
development conditions) for residential land uses.
35.19.6.E Procedures for Floodplain Alteration
Page -11
The first sentence shall be replaced with the following:
Fill and/or alteration of flood plains which is not unreasonably damaging to the
environment is permitted wheNe it will not cNeate otheN flood pNOblems.
35.19.6.N.3 Valley Storage
The last two sentences of this paragraph shall be replaced with the following:
The City restricts the valley stoNage loss to zero percent (0%) reduction for all
creeks. Excavation designed to offset any loss in valley stoNage as a result of fill
in the floodplain shall be performed within the same area as the fill placement in
an effoNt to keep the base flood elevation Nesulting from the fill and excavation as
close as possible to the original base flood elevation. In sections of the stream
wheNe this is not pNactical, the City EngineeN may approve valley stoNage
excavation either upstream or downstream of the floodplain fill as long as there is
no incNease on the base flood elevation on any adjacent propeNties and there aNe
no adverse impacts upstream or downstream of the property. In no case shall any
rise in the base flood elevation be moNe than one foot even on the subject
property. During the construction process, any fill in the floodplain shall be
perfoNmed at the same time as the respective excavation to Nesult in no net loss of
valley storage at any given time.
Drainage Criteria Manual shall be the same as set forth in the DDC Subchapter 19 except
as follows:
Section 2.6 Floodway Development
The first sentence shall be replaced with the following:
Developments other than flood contNOl structuNes shall not be peNmitted within the
100 year floodway in accordance with Sections 3516 and 3519 of the Denton
Development Code of Ordinances governing flood pNOtection.
Section 8.1.A Open Channels -Applicable Design Criteria
The first sentence shall be replaced with the following:
All channels with contributing drainage basins larger than one square mile shall
remain in their natural condition except as part of the floodplain reclamation
proposed for Cole Ranch MPC in accordance with the requirements of
Subchapter 19, the Drainage Criteria Manual and these Cole Ranch 1l~IPC
Development Standards.
Section 12.2 Floodway Fringe Development
The first sentence shall be replaced with the following:
Development of the floodway fringe will be allowed provided the following
criteNia have been met:
Subsection A shall be replaced with the following:
Minimum finished floor elevations for proposed development areas within the
floodway fNinge shall be eighteen (18) inches above the 100 yeah fNequency wateN
suNface elevation (based on encroached stream conditions) for non-Nesidential
Page -12
land uses and twenty fouN (24) inches above the 100 year frequency wateN suNface
elevation (based on encroached stream conditions) for residential uses.
Appendix A Definitions
The title of the definition for "Flood Fringe" shall be changed to "Floodway
Fringe" to be consistent with Section 12.2.
35.22.5 Standards for Gas Well Drilling and Production
35.22.S.A.2.n shall be excepted to read as follows:
All well heads, storage tanks, separation facilities or other mechanical equipment
located within 200' of an adjacent right of way or property and not within a
floodplain shall be screened from the residential property with an 8' high solid screen
cedar fence, good side facing the residential property.
35.22.S.A.2.o shall be added to read as follows:
Each leased tract for gas well drilling and production shown on the Development Plan
Map shall have a perimeter buffer 50 feet in width, extending around the full internal
perimeter of the tract which consists of undisturbed ground with native vegetation.
No grading, clearing, grubbing or scarring of the ground is permitted within this 50'
buffer zone.
35.22.S.A.3.b shall be excepted to read as follows:
Directional lighting shall be provided for the safety of gas well drilling and
production operations and shall be provided so as to not cause light levels greater than
.5 fc to fall on the perimeter property line, measured 4' 0" above the ground level.
§ 35.5. shall be excepted to establish the following:
DEVELOPMENT PLAN MAP:
Prior to submitting any preliminary plat the Developer will submit and obtain approval of a
Development Plan Map for each phase. The Development Plan Map shall locate proposed land
uses in a zoning category format, identify site access, connectivity, and general public
improvements, provide a table showing all the land uses, including the total acreage of each
proposed land use and the total acreage of the project, and show boundaries reflecting the
phasing plan, along with other requirements established or incorporated by the Denton
Development Code, as amended. A Development Plan Map for the Cole Ranch MPC may be
reviewed and approved at one time or for each phase, in accordance with § 3 5.7.12 of the Denton
Development Code, as amended,
With each submission of a Development Plan Map, the developer shall submit a summary of the
detached single-family unit count, including but not limited to the number of units proposed in
the preliminary plat, the total number of units proposed to date and the remaining number of
units. Notwithstanding any other provision of this document, no use shall be allowed in any
phase, lot or parcel unless and until a Development Plan Map authorizing such use has been
approved for that phase.
Page -13
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene
SUBJECT Z06-0029 and Z06-0030 (Rayzor Ranch)
Receive a report and hold a discussion on proposed amendments to the Rayzor Ranch
Special Purpose Overlay District encompassing approximately 410 acres of land located
generally on both sides of U.S. Highway 380 (West University Drive), between Interstate
Highway 35 and Bonnie Brae Street; providing for a zoning change from Neighborhood
Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning districts
to base zoning districts of Neighborhood Residential Mixed Use (NRMU) and Regional
Center Commercial Downtown (RCC-D) for approximately 87 acres of the site south of
U.S. 380 as well as amending of the development standards for the Rayzor Ranch
Overlay District and establishing development standards (including but not limited to
permitting single family detached, single family attached, multifamily and office uses)
applicable to a portion of the subject property which lies south of U. S. Hwy 3 80; and
amending Chapter 3 5, Subchapter 7 of the City of Denton Code of Ordinances, "Denton
Development Code", "Special Purpose and Overlay Districts" to amend section 35.7.13
"Rayzor Ranch Overlay District".
BACKGROUND
Applicant: Allegiance Development Dallas, TX
Allegiance Development has submitted a request to rezone a portion of the Rayzor Ranch
Development and amend the existing Rayzor Ranch Special Purpose Overlay District.
The entire subject property encompasses approximately 410 acres of land located
generally on the north and south sides of U. S. Highway 3 80 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street (See Exhibit 1).
The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is
currently undeveloped except for a vacant self storage facility (partially demolished).
The applicant proposes to construct a combination of retail and single family residential
uses. The parcel south of U.S. 380 contains approximately 257 acres (Southern Tract)
and is undeveloped (a single family structure was recently removed). The applicant is
proposing to develop a combination of retail (pad sites and an outdoor mall), residential
(single family and multifamily), two hotels, offices, museums and park uses.
On March 27, 2007, the City Council approved a Comprehensive Plan amendment for the
Northern Tract from "Neighborhood Centers", "Existing Land Use" and "Community
Mixed Use Centers" land use designations to "Regional Mixed Use Centers" and
"Neighborhood Centers" land use designations. The Council also approved the first
phase of the Rayzor Ranch Special Purpose Overlay District for the entire 410 acre
Rayzor Ranch site and a rezoning of 53.65 acres of the Northern Tract from
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed
Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base
zoning district of Regional Center Commercial Downtown (RCC-D) as modified by the
Overlay District
On May 15, 2007, the City Council approved a Comprehensive Plan amendment for the
Southern Tract from "Neighborhood Centers" to "Regional Mixed Use Centers" and
"Neighborhood Centers" land use designations. The Council also approved the second
phase of the Rayzor Ranch Special Purpose Overlay District which amended the
standards of the District and provided for a zoning change on approximately 223 of the
total 410 acres of land within the District from Neighborhood Residential 6 (NR-6),
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed
Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base
zoning district of Regional Center Commercial Downtown (RCC-D). The zoning change
request included approximately 53 acres within the Northern Tract and 170 acres within
the Southern tract.
The City Council is being asked to consider the third phase of the Rayzor Ranch project
at this time, which includes the following:
1. Rezoning approximately 87 of the total 410 acres from NR-6 and NRMU zoning
districts to base zoning districts of NRMU and RCC-D as further modified by the
Overlay District. The subject 87 acres are located south of U.S. 380. No
additional rezoning of the Northern Tract is being proposed at this time.
2. Amending the 410 acre Rayzor Ranch Special Purpose Overlay District to make
minor modifications and corrections as well as incorporate new standards that if
approved would:
a. Permit single family detached (up to 185 units), single family attached (up to
496 units), multifamily (up to 750 units) and office uses in the Southern Tract
subject to Section 35.5.9 of the Denton Development Code (see GENERAL
ISSUES, Residential Development below).
b. Correct the zoning boundary description to match subsequent plats.
c. Replace the Master Site plan with the most updated version to reflect the latest
development layout.
d. Add language that clearly defines park and open space maintenance shall be
by Homeowners Association or Property Owners Association.
e. Ensure all ordinance exhibits are correct.
f. Correct conflicting language between wood fence and masonry wall
requirements as they are located behind the large retail boxes.
g. Delay requirement to install buffer landscaping on Bonnie Brae until after
DME substation and a proposed 36" waterline have been completed.
2
h. Allow residential phases to move forward conceptually, require detailed site
plan at a later time.
i. Require Specific Use Permits for all gas well development.
The final phase of the Rayzor Ranch rezoning and Overlay District amendments should
include the remaining 46 acres of the site north of U.S. 380 on which single family and/or
drainage facilities are being proposed. The applicant's request for special sign
consideration will also be brought forward for public hearing at a later date.
PRIOR ACTION/REVIEW
1. December 6, 2006 Planning and Zoning Commission Work Session Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding
Proposed Rayzor Ranch Overlay District
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District
7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Northern Tract Comprehensive Plan Amendment and First Phase of
Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended
approval 7-0)
8. March 27, 2007 city Council Public Hearing Regarding Northern Tract
Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District
(The City Council Approved 7-0)
9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive
Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District
10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding
Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor
Ranch Overlay District
11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of
Rayzor Ranch Overlay District and Rezoning. (The Commission recommended
approval 7-0)
12. May 15, 2007 City Council Public Hearing Regarding Completion of the
Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay
District (City Council Approved 7-0)
13. November 28, 2007 Planning and Zoning Commission Work Session and Public
Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning.
(The Commission recommended approval 6-0)
3
F,XTTTRTTC
1. Aerial Overview of Entire Subject Property
2. Site Plan of Northern Tract
3. Existing Zoning for Northern Tract
4. Site Plan of Southern Tract
5. Existing Southern Tract Zoning
6. Proposed Southern Tract Zoning
Prepared by:
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Chuck Russell, AICP
Planner III
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning & Development
4
EXHIBIT 1
Aerial Overview of Entire Subject Property
EXHIBIT 2
Site Plan of Northern Tract
EXHIBIT 3
Existing Northern Tract Zoning
EXHIBIT 4
Site Plan of Southern Tract
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EXHIBIT 5
Existing Southern Tract Zoning
EXHIBIT 6
Proposed Southern Tract Zoning
10
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Fire
ACM: Fred Greene
~TIR.TECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton
County for ambulance services; and declaring an effective date.
BACKGROUND
The Interlocal Agreement for ambulance service between the City of Denton and Denton County
began in 1980 and provides for emergency medical service to Denton County within the
designated area (see map in agreement). Each year a new agreement and ordinance is presented
to the Denton City Council for the next fiscal year approving the fee the County will pay to the
City of Denton for service using aCounty-wide funding formula based on population served,
number of ambulance calls in the County area and the rural square miles in the County. The
population and mileage figures used are based on numbers obtained from the North Central
Texas Council of Governments.
This ongoing Interlocal Agreement is often delayed in the County's legal approval process,
which also includes review by the Denton County Fire Chiefs Association as well as, approval
by the Commissioners Court as part of their budget process. After the City of Denton signs the
Agreement, the County Commissioners take their official action. Even though the contract is
approved after its starting date, the Agreement still remains effective from October 1, 2007 with
no reductions in revenues.
Denton County budgeted $874,998 for ambulance funding in FY 2008 which is the same amount
they budgeted in 2007 but up from $800,000 allocated in 2006. The total estimated fee of
$113,949.47 as the City of Demon's share is based on the funding formula of 33% for readiness;
33% for number of runs; and 33% for rural square miles with the following estimated ratios:
1. A fixed readiness sum for a population of 110,950 based on $0.6185 per capita for an
estimated maximum amount of $68,624.31.
2. A sum of $305.09 per ambulance run estimated to be 106 runs for an estimated maximum
amount of $32,339.54. This sum is based upon the number of runs made in the County
areas for fiscal year 2007.
3. A fixed sum of $579.7146 per rural square mile based on 22.40 rural miles in the agreed
operating territory for an estimated maximum amount of $12,985.61.
Agenda Information Sheet
January 8, 2008
Page 2
The City of Denton lost the Small City Ambulance contract with Krum in 2005-2006 and lost the
contract with Sanger beginning October 1, 2006. The City also lost some rural square miles
when the Argyle Fire Department formed an Emergency Services District (ESD) in 2007. This
resulted in a loss of population, calls, and rural square miles compared to 2006 and 2007 as
indicated in Table 1.
2004 2005 2006 2007 2008
READINESS- POPULATION;
County Population 489,263 501,975 563,040 539,863 471,558
Denton Population 109,162 109,162 124,957 100,950 110,953
Denton's % of Total 22.3% 21.7% 22.1% 18.7% 23.5%
County Funding Formula Rate 0.5110 0.4848 0.4736 0.5403 0.6185
County Readiness Funding Total $250,000 $243,333 $266,666 $291,666 $291,666
Readiness Funding to Denton $55,778 $52,916 $59,181.91 $54,539.18 $68,624.31
EMS AMBULANCE RUNS:
Total County Ambulance Runs 712 609 708 745 956
Denton Runs to County 275 104 235 117 106
Denton's % of Total 38.6% 17.1% 33.2% 15.7% 11.09%
County Funding Formula Rate $351.12 $399.56 $376.6469 $391.4980 $305.09
County Runs Funding Total $250,000 $243,333 $266,666 $291,666 $291,666
Runs Funding to Denton $96,558.99 $41,554.40 $88,512.02 $45,805.26 $32,339.54
RURAL SQUARE MILES;
Unincorporated Square Miles 551.79 550.79 570.79 537.56 503.12
Denton's Covered Square Miles 214.83 211.83 157.77 32.02 22.40
Denton's % of Total 38.9% 38.5% 38.5% 6.1% 4.5%
County Funding Formula Rate $453.07 $441.79 $490.3796 $542.5749 $579.7146
Runs Funding Total $250,000 $243,333 $266,666 $291,666 $291,666
Rural Sq. Miles Funding Total $97,335.22 $93,584.18 $73,708.18 $17,373.25 $12,985.61
TOTAL COUNTY EMS FUNDING $750,000 $730,000 $800,000 $874,998 $874,998
COUNTY FUNDING TO DENTON $249,672.21 $188,054.58 $221,402.1.2 $117,717..69 $113,.949.4:7
Percentage of Total Funding 33.3% 25.8% 27.7% 13.5% 13.0%
Table 1
OPTIONS
Approve ordinance amendment or deny ordinance amendment.
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance and agreement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On December 6, 2005, the City Council discussed the Ambulance Contract with Denton County
and gave staff direction to continue the funding agreement with the County with annual
discussion during the budget process. Because this is the third contract since that comprehensive
Agenda Information Sheet
January 8, 2008
Page 3
discussion, staff will present a complete review of ongoing actual costs to deliver fire services to
the County in its budget process for FY2008-09 and will again seek Council's direction in
regards to future agreements with the County for ambulance services in the County. The annual
contract amounts are determined by the Commissioners Court.
Last year's County ambulance contract was approved by the City Council on December 12,
2006.
FISCAL INFORMATION
The estimated ambulance fee for the County is $113,949.47 which is a decrease from the last
contract amount of $117,717.69 due to reduced contracted services to Denton County in the
coming isca year.
EXHIBITS
Ordinance
Agreement
District Map
Respectfully submitted:
Ross Chadwick
Fire Chief
s:l~ur ~ncumentslordinance~1071ambulance agreement ~~unty.do~
ORDINANCE N~.
AN ORDINANCE ~F THE CITY ~F DENTIN, TE}~A AFPR~VIN AND
AUTH~R~~~ THE CITY MANAGER T~ EXECUTE AN TNTERL~CAL ABULAI~CE
AREEIVIEN~T BETWEEN THE CITY ~F DENTIN AND DENTIN COUNTY FAR
AN~B~TLANCE ERV"ICE; AND DECLAR~N AN EFFECTIVE DATE.
THE C~L~NCIL ~F THE CITY ~F DENTDN HEREBY ORDAIN:
ECTI~N ~ . The C~ Cor~ncil of the City of Denton hereby .ppro~ve~ an Agreement
between the City of Denton and Denton. County for ambulance er~ice~, a copy of v~h~ch i~
attached hereto and incorporated by reference herein. The City 1Vlanager, or h~~ des ee, is
hereby authorr~ed to execute thl~ Agreement on behalf of the City.
SECTION ~. Th1 Ordlnat~ce shall become effect~~re ~nledtate~y upon its passage and
approval.
PASSED AND APPROVED till t~1e day of ~~07.
PERRY R. IVICNE~L,L, MAYOR
ATTEST:
IENN~'ER SALTERS, CITY SECRETARY
~~.
APPROVED A TO LEGAL FOR1V~:
ED7N III. SNYDER, CITY ATTORNEY
BY;
? ~
a
THE COUNTY OF DENTON §
§ CITY OF DENTON
STATE OF TEXAS §
I~TERL~AE '~~~ERATZ~N AREEIVIENT
A1NULA~E ERVIE
TAI AClEENfi is ruade and entered into this ^,,,` day of ~~7,
by and between Denton bounty a po~it~cal sub.visian of the Mate of Texas, here~naf~er referred
to as ~'C~UNTY", and the pity of Denton, municipal corporation, located in Denton bounty,
Texas, hereinafter referred to as ~'AEN~Y".
wH~~EA, AUNTY is a duly organized political subdivision of the Mate of Texas
engaged ire the administration of county government and related services far the benefit of the
citizens of Denton bounty; and
~EREA, AEN~Y 1s a n~unic~pal corparat~on, duly organized and operating under
the laws of the Mate of Texas and engaged In the provision of ambulance service and related
services for the benefit of the citizens of pity of Denton; and
wHEIA.~, A~EN~Y is an owner and operator of certain ambulance vehicles and other
equipment designed for the transpar~atian of persons wha are sicl~, in~i~rned, ar injured and has
xn its employ trained personnel whose duties are related to the treatment of said individuals and
the use of such vehicles and equipment; and
~EREA, ~~UNTY desires tv obtain emergency a~nbu~ance and rebated services far
the benefit of ~resldents of AUNTY l~vln ~n unlncorparated areas of ~IJI~TY which
A~EN~`Y is capable of providing; and
wHEIA, the provision of emergency ambulance and rebated services is a
avern~nentat function that serves the public health and welfare and is of mutual concern to both
~IJNTY and A~EN3~; and
~lA, ~~UNTY desires to expend bounty funds to defray the expense of
establishing? operating, and malntaln the emergency ambulance service in the bounty; and
wI~E~EA, ~UNT~Y and AGENCY mutually desire to be subject to and contract
pursuant to the pravlslons of avernent dude, chapter 791, the Interlocal Coaperatian Act,
and ectivn 774.~~3, Health and safety bode,
2U07-2{~8 ~nter~ocal ~~opera~ion A~greemen~-Ambulance 5e~iceslIlenton -
Page 1 of ?
} t
a
~ '
~~ THEREFORE, ~UNT~ and ~~l~~Y, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement sha11 be far the period of October 1, ~~07 to and through
epte~nber 3~, ~~a8.
~~.
DE~'IITI~N
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A. "Emergency"' shall mean any circumstance that calls for immediate aotion and in
which the element of time in transporting the sick, wounded or inured far
medical treatment is essential to the health or life of a person or persons. whether
an emergency, in fact, exists is solely up to the discretion of the A~~Y. Far
dispatch purposes only, "err~ergency" shall include, but not be limited tv:
~. The representation by the individual requesting ambulance service that an
immediate need exists far the transportation of ~. person from any location
within the agreed operating area of.~I~~I~Y to a place where emergency
medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of ANY to the closest medical
facility.
B ""Rural area"" means any area within the boundaries of 0'I'Y but outside the
corporate limits of all incorporated cities, tawny and villages within ~UNT~.
C '"Urban area.'" means any area w~thln the corporate lun~ts of an Incorporated c~ty~
town or village within I~OCINTY.
D "Emergency ambulance call"' means a response tv a request for ambulance service
by the personnel of A~ENY 1n a sltuatlon mvvlving an emergency, as defined
above, by an ambulance vehicle. A single response to a call may involve the
transportation of more than one person at time but shall be considered as only
one call.
r~~,
~~c~
The services to be rendered under this Agreement are the ambulance services normalXy
rendered by A~~~~ to citizens of pity of Denton in circumstances of emergency but which
services will now be extended to all citizens of '~I~1~T~ residing in. the unincorporated areas of
207-208 Interlocal Co~per~tion Agreement-Ambz~lance ~erv~ceslDent~n -
Page 2 0~ ~
~L~N'I'Y within the operating territory or ~u~Fisdiction of AG~EN~ as agreed tab AI~LNY
and ~IJNT in this Agreement and as set forth in Exhibit A, attached hereto and Inca orated
by reference.
It xs recognized that the officers and employees of A~LN'Y have the duty and
responsibility of rendering ambulance services to citizens of A~ENY' and C~UNT'Y. In the
performance of these duties and respons1b11~ties, it shall be within the sale responsibilit and
y
discretion of the afters and employees of A~LNY. to determine priorities in the dis atoh~n
p
and use of such equipment and personnel and the judgment of the officer or employee shall be
final. .
I~".
PERF~I~ANE OF SER'~IE
AENI~Y shall devote sufficient time and attention to insure the perfa~.nar~ce of all
duties and obligations of ALNY under this and shall provide jlnediate and direct
supervision of the ALN~Y employees, agents, contractors, sub-contractors andlor laborers
engaged in the perfarn~ance of this Agreement for the mutual benefit of AI~~NY and
~N~~a
~.
LIAISON ~~'FICLI~
AUNTY shall designate the bounty 3udge to act on behalf of ~UNT'Y and to serve
as 'Liaison ~fficer~' betv~een ~~UNTY and A~ENY. The bounty fudge or her desig,ated
substitute shall devote sufficient time and attention to insure the performance of all du~'es and
obligations of C~IINTY under this Agreement and shall provide for the immediate and direct
supervision of employees, agents, contractors} sub-contractors andlor .laborers of ~IJN'~Y
engaged in the performance of this Agreement,
~I,
~NiPENATIIIN
AUNTY agrees to pay to ALNY an estimated fee of $113,49.45 based on a
fura.ding formula as follov~s:
l . A fixed sum based on a population percentage . 1 ~5 per capita; said sung
can~putes to ~5,~~4.31,
~~ A fixed sum of $45.~9~~ per ambulance transport for an estimated ~naxin~u
amount of ~Z,~39~54. Said sum is based upon the number oftranspar~s made by
AENY in fiscal year ~a~7.
2~~7-2408 ~nterlecal Coopera~on Agreement-Ambulance serv~cesl~ent~n - Page ~ of 7
3. A fixed sum based on 2~.4~ rural miles in the agreed operating territory; said scum
computes to I2,S5. ~ 1.
The first and third stuns are based upon populatia~ and mileage figures obtained from the ~v~.h
Central Texas Council of -averments. The second sung is based u an h . .
p t e defimt~an of an
ambulance call far purposes of this Agreement. Fa ent shall not be allowed for an inst
y ante to
which patient is not transported. Consistent with the reporting procedures described below,
A~N~ shall receive payrr~ent far transporting the patient regardless of the service delivery
area in which the call originated,
Requests for payment shall be submitted on the standardised anlbulanoe transportation
reporting farm approved and provided by ~~UNTY, It . sha11 be the responsibility of ANY
to fully complete the forms and to provide complete and accurate patient information. Requests
for payment shall be submitted within five ~5} days of the performance of service by A~~I~Y.
Requests not timely submitted shall not be considered for payment, Requests for payment may
be submitted by personal delivery, U.; mail, facsimile, or computer telephone lin1~ to the office
of the Denton County Fire 14arshal. The date of submission shall be the date the fully
documented request ~s reserved ~n sold aff~ce.
~~~.
TER~NATI~N
This Agreement nay be terminated at any time by either A~ENY or COUNTY giving
sixty ~~~} days advance notice ~. writing to the ether party. In the event of termination by either
party, A~N~Y shall be compensated pro rata. for all services performed to termination date,
together with reimbursable expenses authorized by this Agreement then due and awed. should
A~1~Y be avercornpensated on a pro rata basis for all services performed to the termination
date andlor be overcompensated far reimbursable expenses, ~'UNTY shall be reimbr~rsed pro
rata for all such overcornpensatian, Acceptance of such reirnbursen~ent shall not constitute a
waiver of any claim that nay athervvise arise out of this Agreement.
VIII,
F~l~ANCIAL RE~~RU
AEN~Y agrees to rrial~e its financial records available for audit andlor review by
~~J~TY upon request by ~[11~TY.
2007-2008 Interlocal Cooperation Agreement-Ambu~ar~ce erviceslDer~ton - Page 4 of 7
l~l-
I~EP~NI~ILIT~ ~~' ~I]NTY
~iJNTY, to the extent allowed by law, shall be responsible for the acts and negligence
of ail officers, employees and agents of ~UNT~ engaged in the erformance of this
p
Agreement.
R~PQNIBILIT~ ~F ALN~'
ALNY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of ALN~ engaged in the perfar~nance of this
Agreement.
I.
DLFAI~LT
In the event of any default any of the covenants herein contained, this ,Agreement may
be terminated t the discretion of the non-defaulting party if such default cantir~ues fora eriod
of ten ~ 1 ~} days after notice in Ming to the defaulting party of such default and the intention to
declare this Areerrxent terminated. [Jnless the default is cured, this Agreement shall terminate.
III.
~VERNENTAL I TY
The fact that C~NTY and ANDY accept certain responsibilities relating to the
rendering of ambulance services under this Agreement as a part of their responibili far
providing protection far the public health makes it imperative that the performance of these vital
services be recognised as a gavernrnental function and that the doctrine of governmental
1n~munlty ~hal1 be, and is hereby, inval~ed to the extent possible under the Iaw. Neither
A~EN~ nor I~~UNT~ waives nor shall be deemed hereby to waive any immunity ar defense
that would otherwise be available to it against claims arising from the exercise of overnenta.~
g
powers and functions.
DIV.
~NTII A1EENT
This Agreement represents the entire and integrated Agreerrzent between ,A~LN~ and
RUNTY and supersedes all prior ne atiations, ~ resentations andlor A ee
g ep gr ~nents, ether
written or oral. This Agreement may be amended anly by written, instrument si ed b bath
y
.
parties.
2~0']-208 It~terlocal Coo~ratF~n Agreement-Ambulance ~erviceslDenton
Page 5 ~f?
l ~
4 ;
~,
~~ T 7 ~~ ~l' ~~
This Agree.ent and any of tts terms or provisions, a,s veil as the rights and duties of the
parties hereto, shall be governed by the lames of the state of Texas, The venue of an dis ate or
y p
matter arising under this Agreement shall ire in Denton bounty.
vI.
~'~~RABILIT'
In the event that any portion of this Agreement shall be found to be contrary to lam, it is
tine intent .~~N~~ and AUNTY that the rem~ing portions shall remain valid and in full
force and effect to the extent passible.
v~~,
AUTI~~IT~
The undersigned officer andlor agents of are the properly authorized officials and have
the necessary authority tv execute this Areernent an behalf of A~ENY and ~U1~TY.
E~U'TED ~n tnpllcate or7.lnal, this the ,~ day of _ 2~~7.
~~~~~:
D~~.tan QUnty~ ~'~~
~ l ~ west I~icl~ory
Denton, Texas 7~~1
~~~~:
1ty Of Denton
~~~ ~. ~~~~~ Street
Denton, Texas 7~~~ ~
~~:
~Vlary Horn
Denton bounty ,fudge
Acting on behalf of and by
the authority of Denton bounty
Qn~.misioners aurt of Denton, Texas
ATT~T:
Bv:
Denton County Clerk
APP1~~vED A~ ~"~ F~RiVI:
B';
Assistant District Attorney
207-2~~8 Interlocat Cooperation Agreement-Ambulance ~ervicesJ~entor~ -
~~:
Name ~eor e ~. Cam h~1~.
Title Citg ~anag~r
Acting an behalf of and by the
authority of the pity of Denton
APPR~'~~D A T~ ~NTEI~T:
~~;
Denton bounty Fire lVTarshal
~P~~~U~ AS T~~FO~:
CITY ATT~~~1~Y
CITY 0~ D~~TDN, TEA
BY~
Page 6 of?
A~DIT~R~ ~TY1~~~ATE
~ hereby certify that funds are available in the amount of
accornpli~h and pay die obligation ofDenton bounty under this contract.
.~an~e elks, Denton bounty Auditor
to
2~~7-~~08 Interlocal vo~eration Ag~eernen#-Ambulance Service~IDentun - Page 7 0~?
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AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Fire
ACM: Fred Greene
~TIR.TF,CT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and
Denton County for fire protection services; and declaring an effective date.
BACKGROUND
The Interlocal Agreement for fire service between the City of Denton and Denton County
provides fire protection services by the Denton Fire Department to the County areas previously
served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake
Cities Fire District now adjacent to the newly annexed City property in the southwest portion of
Teasely (FM 2181).
In 2003, Denton County requested that the City of Denton provide fire protection to the
designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide
a proper response to fire calls. The County also requested in 2004 that the City respond to a
small area next to the new DISD high school on FM 2181 and Old Alton Road since the City of
Denton's response time to the area was much quicker than Lake Cities Fire Department.
This ongoing Interlocal Agreement is often delayed in the County's legal approval process,
which also includes review by the Denton County Fire Chiefs Association as well as approval by
the Commissioners Court as part of their budget process. After the City of Denton signs the
Agreement, the County Commissioners take their official action. Even though the contract is
usually approved after its starting date, the Agreement still remains effective from October 1,
2007 with no reductions in revenues.
The Commissioners Court determines the total appropriation to pay for fire protection in the
unincorporated County area each year and divides that amount by an estimated number of fire
calls to arrive at a per fire reimbursement. Table 1 shows the five-year history of fire funding.
2004 2005 2006 2007 2008
County Funding $639,757.44 $639.757.80 $649,328.40 $783,684.90 $872,820.00
Formula Amount $362.88 per call $368.10 per call $368.10 per call $368.10 per call $390.00 per call
Total Fire Calls 1,763 1,738 1,764 2,129 2,238
Denton Fire Calls 135 82 147 75 78
Denton Funding $48,988.80 $30,184.20 $54,110.70 $27,607.50 $30,420.00
Table 1
Agenda Information Sheet
January 8, 2008
Page 2
OPTIONS
Approve proposed ordinance or deny proposed ordinance.
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance and agreement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On December 6, 2005, the City Council discussed the Fire Protection Agreement with Denton
County and gave staff direction to continue the funding agreement with the County with annual
discussion during the budget process. City staff presented a breakdown of the actual costs to
provide fire services in the County and the City Council indicated its desire to provide services.
Given that this is the third contract since that discussion, staff will present a comprehensive
review of ongoing actual costs to deliver fire services to the County in its budget process for
FY2008-09 and will seek Council's direction in regards to any future agreements with the
County for fire protection. Currently, there is no negotiation between the City and County on the
provisions of the contract since the Commissioners Court determines the annual contract amount.
The previous County fire protection contract was approved by the City Council on December 12,
2006.
FISCAL INFORMATION
Denton County will pay the City $10,000 upon execution of the proposed agreement and
reimburse the City for each fire call at the rate of $390.00 per fire call which is an increase from
the $368.10 per call reimbursement used in the 2007 Agreement. The annual estimate for the
reimbursement of fire calls is $30,420.00 based on an estimated 78 fire calls in the
unincorporated County area. The total fire protection contract with the County is estimated to be
$40,420, which is an increase from last year's $37,607.50 contracted amount.
EXHIBITS
Ordinance
Agreement
District Map
Respectfully submitted:
Ross Chadwick
Fire Chief
s:~ur ~ocumentslar~inat~eesl~?lfire protection agreement county.doc
ODINANE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEA APP~OV AND
AUTI~OR~INC THE CITY 1VIANAER TO EXECUTE AN IlVTERLOAL AM~ULANE
AGREEMENT BETWEEN TIC CITY OF DENTON AND DENTON OLTI~TY FOR FnE
~'ROTECTION SERVICES; AND DEC~ARIN AN EFFECTIVE DATE.
TFIE OUNCI~, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Cou~.ci~ of the City of Denton hereby approves an Agreement
between the City of Denton ar~d Denton County for fire protection services, copy of v~hich ~s
attached hereto and incorporated by reference herein. The City Manager, or his designee, i
hereby authari~ed to execute this Agreement on behalf of the City.
SECTION ~. This Ordinance shall became effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ~a0~.
PERRY R. McNEILI~, MAYOR
ATTEST:
JENNIFER SALTERS, CITY SECRETA~.Y
BY.
APPROVED ~ TO LEGAL FORM.
EDWIN M. SNYDER, CITY ATTORNEY
~~
BY~
THE COUNTY OF DENTON §
§ CITY OF DENTON
STATE OF TEXAS §
INTERLI~CAL ~~OFER,A.TI~~ AREEMEIVT
FIRE PR~TETII~~ EI~vIE
THIS AC~RE~MEI~T i made. and entered into this ~ day of ,.., , 207,
by and between Denton County, a political ubd~ion of the State of Texas, hereina~er referred
to as "C~~~.J~TY'~ and the City of Denton, a municipal corporation, located in Denton County,
Teas, hereinafter referred to as "AEN~~,"
H~A, ~DUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
H~I~EAS, AEIVY ~s a n~unlc1pal cvrporat~on, duly organized and operating under
the laves of the State of Texas and is engaged in the provision of fire protection services and
related services for the benefit of the citizens of the City of Denton; and
H~REAS, A~E~~ is the ov~ner anal operator of certain hre protection vehicles and
other equipment designed for the extinguishing of fire and prevention of damage to property and
injury to persons from frre and has in its employ trained personnel phase duties are rclated to the
use of such vehicles and equipment; and
H~REAS, C~~JN~T' and ~AE~Y rriutually desire to be subject to and contract
pursuant to the provisions of Cxoverrunent Code, Chapter 79 ~, the ~nterlocal Cooperation Act,
and Chapter 352 of the Local C~overnm.ent Code,
N~~, THEREFORE, ~DUNTY and AEA, for the mutual promises, covenants,
~.greements and consideration stated herein, agree as follows;
I,
TERM
The term of this ,Agreement shall be for the. period of ~ctaber 1, 2~~7 to and through
September 3~, 2~~~.
IT.
The services to be rendered in accordance v~ith this Agreement by AEN~ are the fire
protection services normally rendered by AENI~~ to citizens of Denton but v~hich services
~viil no~v be extended to all citizens of AUNTY residing in the unincvrparated areas of
2~~7 - 2~~0$ In~eriocal Cooperation Agreement -Fire Protection ~erviceslD~nt~n ~ Page ~ ~~ 6
~i~NTY within the operating territory or jurisdiction of A~ENY agreed to by DENY
and COUNTY in this Agreement and as set forth. in Exhibit A. These services are rendered in
consideration of the basic funding and the separate per call fee set forth in this Agreement; for
the co~nman good and benefit; and to serve the public convenience and necessity of the citizens
of ~i~NTY who are not otherwise protected with respect to fire prevention, extinguishment,
safety, and rescue services The services to be rendered are as follows:
~. AGENCY shall n~a1~e available and provide emergency fire prevention,
extir~guishrnent, safety and rescue services within the agreed ar specified territory
or jurisdiction of the AGENCY;
~. AGENCY shall respond to requests for fire protection services made within the
portran of the AUNTY designated as "Denton." as set out ~n Exhibit ~'A."
attached hereto and incorporated by reference.
C~T~NTY agrees that, in the event a fire in the AENC`Y's unincorporated
designated area which AGENCY considers to be of incendiary nature and upon
request by AENY, the bounty Fire Marshal w111 dispatch investigation
personnel to the fire scene within a response time sufficient to legally n~ai~tain
and protect all evidence of Bald fire and will conduct all appropriate investigation
and assist in the prosecution of any case of arson. AGENCY shall not be
responsible for investigations of suspected incendiary fires in the unincorporated
areas, but shall cooperate with the bounty Fire Marshal in immediately relating
all pertinent information possible to the investigators}.
D. C~LJNT'Y agrees that the Jaunty Fire Marshal rrray assist in the conduct of
appropriate investigations of a fire which AGENCY considers to be of incendiary
nature in the A~ENCY's incorporated designated area upon request by
AENY.
E. AGENCY shall submit monthly statements on the Texas Fire Incident departing
system's standardized farms to the Denton bounty Fire Marshal, 9~~0 Teasley
Dane, Denton, Texas 7~Z 1 ~-4~ 1 ~. This farm will serve as the billing statement to
~~~TNTY far reimbursement of calls made in the unincorporated designated
area. The Denton bounty Fire 1Vlarhal shall provide the farms upon request from
.ENY.
F. AGENCY, in the performance of its duties and responsibilities under this
Agreement, shall have the responsibility, within the sole discretion of the officers
and employees of AGENCY except as otherwise determined by the Denton
Jaunty Fire ll~arshal, to determine priorities in the dispatching and use of
AGENCY equipment anal personnels and the judgment of any such officer or
employee as to any such matter shall be the final deterininatian.
2107 - ~~08 Interloc~l ~ooperati~n Agreement -Fire Protection ServiceslDent~n - Page 2 of 6
III.
L~A~N ~FFI~ER
~~]NTY shall designate the bounty Judge to act on behalf of AUNTY and to serve
as "liaison officer" between AUNTY and AEN~Y, The bounty Judge or her designated
substitute shall devote sufficient time and attention to this Agreement to insure the performance
of all duties and obligations of BOUNTY and provide supervision of ~UNTY's employees,
agents, contractors, sub-contractors andlor laborers engaged in the performance of this
Agreement four the nriutual benefit of BOUNTY and AGENCY.
IY.
PERFORMANCE F ER.vICE
AGENCY shall devote sufficient tune anal attention to insure the performance of all
duties and obligations of AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY employees, agents, contractors, sub-contractors andlor
laborers engaged in the performance of this Agreerrlent for the mutual benefit of AOENC'Y and
COUNTY.
~.
~YP~AT~HN
CUUNTY agrees to pay to AGENCY for the full performance of services as provided in
this Agreement the sum of TEN THOUSAND AND NG~1~4TH DOLLARS ~1~,00~.0~},
payable upon execution of this Agreement, and the further sum of THREE HUNDRED
NINETY AND N~ DOLLARS ~~~0.~0~ per fire call in the designated unincorporated areas of
COUNT" from ctcber 1, 2007 to epte.ber 30, 2005. COUNTY anticipates AGENCY to
run app~ro~i~nately 7S fire calls for total funding of ~~,~4~0,4U for fire calls. The total of all
payments by COUNTY tv AGENCY pursuant to this Agreement is estimated to be 4D,4Z4,~~,
COUNTY will make no payment to AOENGY far service provided outside the agreed service
district whether by mutual aid Agreement or otherwise. AOENY understands and agrees that
payment by the COUNTY to AGENCY shall be made in accordance with the normal and
customary processes and business procedures of COUNTY and conformance with applicable
state law.
VI.
~NANL4L RECORDS
AGENCY agrees to make available its financial records for audit andlor review as may
requested ar required by 'G~JNTY,
~~07 - ~ODB Interlocal ~~operataon Agreement -Fire Protection ~errriceslDenton - Page ~ of 6
VII.
EPI~N~IBIL~TY ~F ~~NTY
C~~NTY, to the extent allowed by lwx shall be responsible for the acts, negligence,
andlar omissions of all affrcers, ernplo~ees, ar~d agents of ~~UNTY while engaged in the
performance ofthis A.reen~ent.
.VIII.
~P~NIBILITY ~F AEI~Y
A~~~, to the extent allowed by law, shall be responsible far the acts, negligence,
andlar o.issions of all officers, employees, and agents of AEN~Y while engaging in the
perfannance of this Agreement.
I.
A,F~LI~ABLL LAw
DUTY and AEA understand and agree that liability under this contract is
governed by V.T.C,A. C~avernment Cade Chapter 79l and V.T.C.A. Local averr~rnent Code
Chapter ~ 52. Thrs Agreement ~ made ~n cante~nplatlan of the appllcabil~ty of these laws to the
Agreement. I~.safar as legally possible ~~UNTY and .~ENCY agree to be hound by the
above mentioned statutes as they exist a of the d#e of this Agreement.
FAULT.
In the event of any default in any of the covenants herein contained, this Agreement ~.~
be forfeited and terminated at either party's discretion if such default continues for a period often
~ t ~~ days after notice to the other party in ~vrz.ting of such default and intention to declare this
Agreement terminated. Unless the default is cured as aforesaid, this Agreerr~ent shall terminate
as if that were the day originally fixed herein far the expiration of the Agreement.
~I.
TFIII~ATIN
This Agreement naay be terminated any time, by either party giving sixty ~~~~ days
advance v~ritten notice to the other party. In the event of such termination by either party,
A~1~Y shall be carr~pensated pro rata for all services performed to terrninatian date, together
with reimbursable expenses then due and as authari~ed by this Agreement. In the event of such
termination, should AT~NY be overcompensated an a pro rata basis for all services perfanned
to ter~ninatian date, andlar be overcompensated reimbursable expenses as authorised by~ this
,Agreement, D~TNT~ ha1~ be reimbursed pro rata far all such o~ercompena~t~on. Acceptnoe
X047 - 2~~8 Int~rlocal Cooperation Agreement -Fire ~rotectian erv~ceslDentor~ - Fade 4 ~f 6
of such reimbursement shall not constitute a waiver of any claim that nay otherwise arise out of
this Agreerent.
III.
~~yENNTA~ INIUNIT~
The feat that ~~UNTY and A~~CY accept certain responsibilities relating to the
rendition Qf f ire ~retectian services under this Agreement as ~, paxt of their ~espanslbili fay
providing protection far the public health makes it in~pcrative that the performance of these vital
services be recognised as a governmental function and that the doctrine of governmental
immunity shall be and it is hereby invoked to the extent passible under the law, Neither
AGE~~ nor [~UNT~ waives nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising from the exercise of goven~ent
pDV~ers and fllnatlQns.
~~,
E~TII AI~~~1T~
This Agreement represents the entire and integrated Agreement between AEN and
~UT~ and supersedes all prior negotiations, representations andlor Agreements, ether
written or oral. This Agreement may be amended only by written instrument signed by both
AENC'~ and ~~UIVTY.
HIV,
LAw ~~" ~NTRA~T
This Agreement anct any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the state of Texas. The venue of any dispute or
matter arlsing under this Agreement shall lie 1n IJentan bounty.
~.
EVERA.BILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portia~.s shall remain valid and in full force and
effect to the extent possible.
I.
AUTH[]IT~
The undersigned officer andlar agents of the parties hereto are the properly authari~ed
officials and have the necessary authority to execute this Agreement on behalf of the parties
200 - 2U~8 Ir~terlocal Cooperation Agreement - dire protection serviceslllenton - Page 5 of ~
hereto, and each party hereb~r certifies to the other that any. necessary resolutions extending paid
authority have been duly passed and are nom in full force and effect.
II.
ERV.[E AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
exhibit "A'"
EEC~TE~ in triplicate originals, this the
C~H~'TY -
Dentvn.County, Texas
I 1 ~ Vest Hickory
Denton, Texas 7~~a 1
By
Mary Horn
Denton County Judge
.Acting on behalf Qf and~by
the authority o f ~ enton County
Ca~nlssioners Court of
Denton County, Texas.
ATTEST;
BY:
Denton County Clerk
A~~R~~ED ~. TG "~~:
~~.
.~en~on ~oun~y r ire ars~a~~
~F~~~~~D A T~ ~0~l~.
~ QTY ATT~R~ ~Y
- ---~ - CfTY ~F ~ENTO~, TEA
Assistant Dlstnct Attorney ~`
~~;
AIJDIT~R' ERTIFIA
~ hereby certify that funds are available in the amount of
accornplish and pay the obligation of Denton County under this contract.
Jamey wells, Denton County Auditor
day of
AGENCY
City ofDentan
~~~ E. Hickory t,
Denton, Texas 7~~1
By
Name George ~am~bell _
City Manager
Acting on behalf of anal by the
authority of e City ofDentan
A~~ROED A T~ ~ONEI~T;
~~:
~aa7.
to
2~~7 - 205 Interlocal Cooperation Agreaner~t -Fire Protection ~ervicesfDenton - Page b ofd
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AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Economic Development
CM: Geor e C. Cam bell ~'
g p
~t JR JF,C'T
Consider adoption of an ordinance approving an agreement between the City of Denton,
Texas, and the Denton Chamber of Commerce; and providing an effective date.
BACKGROUND
The City Council and the Denton Chamber of Commerce first entered into an economic
development partnership agreement in 1986. Over the years, many changes have been
made to the contract. Attached is a chart detailing the changes made in the contract and
funding each year. Although the contract provides for an automatic renewal each year,
providing the Council continues to fund the program, the contract wording is not clear on
the amount to be funded each year. The most recent amendment in 2004 identified
$177,000 plus an additional $84,000 for Image and Marketing.
In order to clearly record and allocate funding for the Denton Chamber of Commerce
Economic Development Office each year, staff will begin submitting annual contracts
during the budget process for City Council approval.
PRIOR ACTION/REVIEW
The Economic Development Partnership Board reviewed the budget and work plan for
the 2007-08 fiscal year and recommended approval of the $240,000 budget at their June
1 1, 2007 meeting. The Board approved changing the contract to clarify funding
allocation at their November 19, 2007 meeting.
FISCAL INFORMATION
A total of $240,000 was allocated to the Denton Chamber of Commerce for the 2007-08
fiscal year. A payment of $177,000 has been issued, leaving a balance of $63,000.
EXHIBITS
History of Partnership
Ordinance
Denton Chamber of Commerce Economic Development Agreement
Respectfully submitted:
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DRDI~IANE N~.
AN ~RDINANE A~P~OVIN AN AREEIVIENT BETWEEN THE CITY ~F DENTIN,
TE~A~ AND THE DENTIN HAEER ~~ ~NIlI~I~E; AND P~.~~TIDINC~ AN
E~`~ETE DATE.
wHER.EA, the pity council of the pity of Denton deems it ~ in the public interest and
serves a municipal and public purpose to enter rota an agreement with the Denton hatnber of
onnnerce far the purpose of providing far a program to promote economic development
through the ~a~nt effort of the parties hereto; N0", THEREFORE;
THE ~~UNII1 F THE CITY ~F DENTIN HEREBY ORDAIN:
ETI~N 1 ~ 1ty aunc~l finds that the Agreement between the ~1ty of Denton and the
Denton harnber of Commerce serves a valid municipal and public purpose and is in the public
lrtterest.
ETI~N ~. The Agreement between the City of Denton and the Denton Chamber of
Commerce attached hereto and rriade a part hereof by reference the "Agreement"} is hereby
approved. The Il~ayar, ar in his absence, the ayar pro Tem, is hereby authari~ed to execute the
Agreement on behalf of the pity of Denton. The City 1Vlanager is hereby authorised to carry out
the City's rights and duties under the Agreement including authorisation far the expenditure of
funds provided for in the Agreement
ECTY~N ~, This ordinance shall became effective immediately upon its passage and
approval,
PAED AND APPROVED this the day of , 2~OS.
PERRY ~. cNEILL, AY~~
ATTEST:
JENNIFER ALTER, CITY SECRETARY
~Y~;
APPROVED A T~ LEGAL FDRNI:
EDP M, SNYDER, CITY ATTORNEY
B~':
s:lour d~cumert~lcnntracts1~71ec~nomic dev prog ag~.d~c
Et~DND1VIIC DEV~LOPNIENT ~~Dt~RA A~RE~NIENT
BETE~N T~ CITY D~ DENTIN AND TI~~
D~NTON ~B~ ~F t~DMMEI~E
This Agreement is nude between the pity of Denton, Texas, ~"City} and the Denton
Chamber of Commerce ~"Chamber"~ for the purpose of providing far a pragratn to promote
econa~ic development through the point effort of the parties hereto, ~vha 1n con~dera#~an of their
mutual promises, agree as follows.
~. t~hamher ~ff~ce of Econvmi~c Development ~~`Dffice"}. During the term of this Agreement, the
Chamber shall maintain an ~ff~ce of Economic Development managed by the dice president of
~canomic Develapme.t, ~vho shall perform the duties of the ofce~
~. Duties of the Uf~ice. The Chamber of Commerce shall;
a. Develop and maintain positive relationships with key economic development allies,
including but not limited ta, private sector investors, the Governor's office of ~conon~ic
Develapm.ent, Greater Da~~as Chamber of commerce, and national, regional and local real
estate brokers and land developers.
b. lVlaintain memberships and involvement in econan~ic develaprnent organi~a~ians, such as
the International Economic Development Council and Teas ~canoic Development
Council.
c. Develop and produce marketing materials to promote Denton, including but not limited± ta,
placement of advertising 1n trade publicat1ons, and the development and maintenance of
~rebsites ~DentonED~.cam, Dentonites~com and DentonD.org},
d. ~.ecruit prospective businesses through attendance at target market trade shows and
events
e. Serve as paint of contact far businesses interested i~ locating in Denton.
f. work closely with the City of Denton office of Economic Development e
development of programs and policies.
s;lour ~~cumentslcon#~cts1471e~~nomic rev prog agr.~oc
. Prepare and obtain approval of the annual ~vo;rk plan and budget from the Economic
Development Partnerslup hoard and provide the Board with monthly activity reports.
support services end Funding, The han~ber shall provide the office space, equip.ent and
support staff necessary to the operations of the office of Economic Development. Far the fiscal
year 0~7-OS, the ~harnber shall solicit and contribute private sector funds in the amount of ~
87,1 7, and the pity shall provide funding in the arnaunt of $~4~,U0~; $50,~~~ from the general
Fund and ~ 1 U,~00 from the Utilities Fund. The balance of any unused pity funds shall ~e
returned tv the pity at the end of the fiscal year.
Any funds provided by the pity pursuant to this Agreement shall be retained in an account
separate and segregated from the ha~nber's general operating fiu~d and shall only be used for the
purpose provided far in this Agreement. The chamber and the ~ff~ce shall keep current and
accurate records of all funds received and expended, ~rhich shall be subject to inspection and
audit by the pity at all reasonable times. All such financial records shall be subject of the Teas
Public Information Act, Tex. Gov't fade h. 55~. ~~~~'
4, status of office, The office of Econcn~ic Develaprrrent sha11 be under the direct supervision and
control of the hanaber and all personnel of the office shall be considered employees ar agents of
the ha~nber. The harriber shall be responsible for the processing of all benefits ar payment Hof
liabilities of such ernplayees ar agents, including the v~ithhalding ar payment of personal income
or social security taxes, as provided by applicable lam, and the payment of worker's
compensation premiurns. The han~ber shall maintain policies of insurance in the n~inin~~tn
amounts required by law to protect against liabll~ty ans~n from the operation of any vehic~~es
used by employees of the office and the Cha~i}er agrees to defend against, and indemnify
and hold the pity, its elected officials, officers, agents, employees and representatives
harmless from any claim arising from any negligent act of such employees.
. Tenn of Agreement. This Agreement sha11 be effective for a tern of one ~ 1 } year from the
execution hereof. Either party may terminate this Agreement by giving written notice to the other
Page ~
s:lour documentslcont~actsl~7~econorr3ic rev prig agr.~oc
thirty ~3~} days advance notice, in which case any une~~ended funds ~ra~ided ~y the pity shah
he returned to the pity.
~UT~r~ this the day ~f , 205.
. TI'S 0~ ~~NT~N
PERRY R. cNEIL~, .A~~R
,~TTET:
JENNrFE~ ALTER, CITY EITAR~Y
B~;
~PPR~VED A T~ LEGAL F~;
ERIN M. NYDER, QTY ATTORNEY
BY:
DENTIN ~HAB~R ~F ~1VIlV~RE
Page 3
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SIIR,TF,CT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and Opening Doors Immigration Services for provision of assistance to
victims of domestic violence; providing for the expenditure of funds therefore; and providing for
an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $500 from Council Member Jack Thomson's
Council Contingency Fund. Key provisions of the agreement include:
^ Funds shall be used by the Opening Doors Immigration Services to assist immigrant
households where one or more of the household members have been the victim(s) of
domestic violence. Use of funds may include costs of the program and training.
^ 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 respective Council contingency fund accounts.
Respectfully submitted:
r~
~ ti y r
...z
a =~ _ ~i .
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
s:lour docurnent~lordinar~ce~1~81opening doors ord 20~S.~oc
ORDnVANE NO,
AN ~RDTNANE OF THE CITY OF DENTON A~JTHORI~IlV~ AN A~REEl1~ENT ~ETwEEN
THE OTI'Y OF DENTON, TEA AND OPEN~C DOORS Il~.I~II~rRATION ERIOE FOR
PRO~tION OF AITANOE TO ~IOTIII~i OF DOIVIETI VIOLENCE; PROVIDING FOR
THE EXPENDITURE OF FUND; AND PRO~DINC FOR AN EFFECTIVE DATE.
wHEREA, the Opening Doors Im~nigra~an Services, a Texas non-profit corporation, the
"Organization='s provides assistance to irnnligrant households ~ the C1ty of Denton where one or
more residents have been the vic#im~~ of domestic violence the "Program."~; and
wHEREA., the Organization and the City of Denton desire to enter into an. agreement to
provide for the continuance ofthe Pragra~ri which a~green~ent is substantially in the same faun as the
agreement attached hereto and .de a part hereof by reference the "Agreement"}; and
wI~REA, the City Council afthe pity of Denton hereby finds that the Agreement between
the pity and the Organization attached hereto and made a. part hereofby reference serve a municipal
and public purpose and the Agreement is in the public interest; NOS, THEREFORE,
THE COUNCII~ OF THE CIfiY OF DENTON HEREBY ORDAIl~;
ECT~ON 1. The findrngs set forth ~n the preamble of this ard~nance are incorporated by
reference into the body of this ardlnance as if fii11y set Earth herein.
SECTION Z. The City 1Vlanager, or his designee, is hereby authorised to execute the
Agreement and to carry out the duties and responsibilities of the pity under the Public Service
Agreement, including the expenditure of funds as provided in the Public Agreement.
SE~T~ON 3. This ard~nance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of , ~D~S,
PERRY R.. cNEILL,IVIAYOR
ATTEST;
JENN~'E~ A~TE~, QTY E~ETAI~~
B~:
~PPR~~ED A~ T
EDP 1VI. SAD
~~•
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~{ o.lcontingency fundslcit~ councill~y 2~~?-20081jaok thomsanlope~ing doorslopeni~g dogs a~eement 20~~.doc
~~vIE A~EEIE~IT
~Tw~~1 TT~E ITS ~F DETUN, TEA A.I~D
O~ENIN D~~R IM~I~RATY~N ESE
This Agreement is hereby entered into by and between the City afDentan, Teas, Home .ule
Municipal ~orparation,hereinafter referred to as ~,ity", and open boars Iig~atian Services, a
Teas Non-profit arparation, hereinafter referred to as "~enin~ boars Immigration Services":
wHEE.A, pity has determined that the proposal far services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget far the purpose of
paying for contractual services; and
wHEREA, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOw, THEFORE, the parties hereto mutually agree as follows;
I. S~OP~ OF SER~~E
Opening boars miratian Services shall in a satisfactory and proper manner perform the
fallowing tasl~s, for which the n~anies provided by pity maybe used:
The funds being provided shall be used by Opening Doan Immigration Services to assist
immigrant households where ane ar mare of the household members. have been the victin~~s} of
domestic violence. Use of funds may include operating costs of the program and training.
II. OBLIGATIONS OF OPENING DOOMS IIVIIC~~ATION ERVI~S
In cans~deration ofthe receipt affunds from ~1ty, Opening boars ~~nig~ation Services agrees
to the following terms and conditions:
A. Five Hundred Dollars and null Da ~SaO.aa} sha11 be paid to Opening Doors Immigration
Services by ~it~to be ~u~~~~zed far the purposes .set firth ~. ~i~cl~~..:..:- ~~
. Opening Daars ~igrtton Services will maintain adequate records to establish that the
pity funds are used far the purposes authorized by this Agreement.
. Opening Doors Immigration Services will permit authorized ocials ofity to review its
books at any time.
D. Upon request, Opening boars Immlgrat~on Services will provide to ~~ its B Laws and
y of its rules and regulations that nay be relevant to this Agreerr~ent.
E. Opening Doors Immigration Services will not enter into any contracts that would
encumber pity funds far a period that would extend beyond the term of this Agreement.
F. Opening Doors Immigration Services w111 appoint a representative who X11 be available
to meet with pity officials when requested.
. Opening Doors Immigration Services will submit to pity copies of year-end audited
financial statements.
III. TIDE OF PERFORII~ANE
The services funded by pity shall be undertaken and completed by Orgar~i~ation within the
fallowing time frame;
The term afthis A.green~ent shall earnmence an tl~e effective date and terminate September 30,
~~08, unless the contract i sooner terminated under Section ~'II ""Suspension or Termination".
iV. PARENTS
A. PAYMENTS TO OPENING DOORS INi~ZRATI~N S~~vICE. its shall pay to Opening Doors
~migratian Services the sure specified in Article II after the effective date of this Agreerr~ent.
B. Exc~~s PAYMENT. Opening I)aors Im~i.gratian Services shall refund to pity within ten
~ 10}working days of pity"~ request, any sung of money which has been paid by pity and which pity
at any time thereafter determines;
i } has resulted in av~rpay~ment to Opening Doan ~m~nigration Services; ar
2} has not been spent strictly in accordance with the terms of this Agreement; ar
} is not supported by adequate documentation to fully justify the expenditure.
~. E~Af,~JATION
Opening Doors Immigration Services agrees to participate in a~n implementation and
rria~nterianc syter~ ~ ~he~eb~ the services can be c~ntin~~y : ~monit~re~. Opening Doors
Immi atian Services a ees to make available its fin~ci records for review by pity at City"s
discretion, In addition, Opening Doors Ymigration Services agrees to provide pity the following
data and reports, or copies thereof:
A. All external or internal audits. Opening Doors Immigration Services sha11 submit ~. copy of
the annual independent audit to ~~ty thin ten ~ 1 ~~ days of receipt.
B, All external ar internal evaluation reports.
. An explanation of any mayor changes in program services.
D. To comply with this section, Opening Doors ftnmigration Services agrees to maintain
records that will provide accurate, current, separate, and complete disclosure of the status ~af funds
Page ~ of 7
received and the services performed under this Agreement. The record system of Opening Doors
Immigration Services shall contain sufficient documentation to provide in detail full support and
~ustificatian for each expenditure. Opening Doors hnigration Services agrees to retain all boos,
records, documents, reports, and written accounting procedures pertaining to the serdces prodded
and expenditure of fiords under this agreement for five years.
E. Nothing in the above subsections shall be construed to relieve Opening Doors Immigration
Services ofresponsibility far retaining accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement,
~~. DIRETOS' MEETTNOS
During the terra ofthis Agreement, Opening Doors Immigration Services shall deliver to Oity
copies of all notices of meetings of its Board of Directors, setting forth the time and place thereat
wherein this program is a part ofthe subject matter af~he meeting. Such native shall be delivered to
pity in a timely manner to give adequate notice, and shall include an agenda and a brief description
of the matters tv be discussed, ~ ening Doors Immigration Services understands .and agrees that
p
pity's representatives shad be afforded access to ail meetings of its Board of Directors.
Minutes of ail rrieetings of Opening Doors Immigration Services' governing body shall be
available to pity within ten ~ 1 a} working days of approval.
VII. TEI~NATION
The pity may terminate this Agreement for cause if Opening Daars In~nrigration Services
violates any covenants, agreements, or guarantees of this Agreement, the Opening Doors
Immigration Services 's insolvency or filing of bankruptcy, dissolution, or receivership, ar the
Opening Doors Immigration services' violation of any law or regulation to which it is bound under
the terms of this Agreement. The qty Wray terminate this Agreement far other reasons not
specifically enumerated in this paragraph.
VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Opening Doors Imtrrigratio~r Serdces shall comply with ail applicable equal e~nployrnent
opportunity and affiirmative action laws or regulations.
B. Opening Doors Inrm.igration erdces will furnish all information and reports requested by
pity, and will permit access to its books, records, and accounts far purposes of investigation to
ascertain carnpliance with local, State and Federal rules and regulations.
C. In the event of non-compliance by Opening Doors Innnixation Serdces with the
non-discrimination requirements, the Agreement Wray be canceled, terminated, or suspended in
whale or in part, and Opening Doors Immigration Services may be barred from further contracts with
pity.
page 3 of 7
Ix. TInE
opening Doors Immigration er~ices represents and warrants that
A, All infarn~atian, reports and data heretofore or herea~er requested b~ City and
furnished to City, are carr~plete and accurate as ofthe 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 fun~ishe to
~~ are corn lete accurate and fa~rl reect the financial cond1tlons ofpen~ng Doors ~igratlon
ty, p a Y
services an the date shown an said report, and the results ofthe operation for the period covered by
the report, and that since said data, there has been na material change, adverse or athe~wise, in the
financial condition of Opening Doors ~nu~igratian services.
. No liti anon ar legal proceedings are presently pending ar threatened against Opening
g
Doors Inun~grat~an Services.
~, None of the provisions herein cantra~enes or is in conf Pict with the autharify under
which 0 enin Doors Im.n~.igration~ervices is doing business or with the provisions ofany existing
p
indenture or agreement of Qpenir~g Door ~mm~ratian e~°v~ces.
~. opening Doors Immigration Services has the paver to enter into this Agreement and
accept payments hereunder, and has tal~en all necessary action to authorize such acceptance under the
terms and conditions of this Agreement.
F, None afthe assets af~pening Doors Immigration Services are subject to any lien or
encumbrance of any character, except for current taxes not delinquent, except as shown in the
financial statements fi.ished by Opening Doors I~n~nigratian services to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated b the subrrrissian of each request for payment.
. ~CH.AN~ES AND AIEND~NS:
A. Any alterations, additions, or deletions to the terms of this Agreement shad be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used
B. It is understood and agreed by the parties hereto that changes in the state, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement Any such
modifications are to be automatically incorporated into this Agreement without v~ritten amendment
hereto, and shall became a part of the Agreement an the effective date specified by the law or
regulation.
Page 4 of7
. ~ enir~g boars Irnn~igratian Services shall notify City of any changes in personnel ~~
governing board composition.
I, IND~~VINIFYCAT`I~N
~'o the extent authorized by law, the opening Daars immigration Services gees tv indemnify,
hall harmless, and defend the CITY, its officers, agents, and employees from and against any and all
clai.n~s or suits for in'uries, damage, loss, ar liability afwhatver kind or eh,aracter, a~sing opt afor in
~ ~ .
connection with the perfarn~ance by the enu7g Doors Im~gratlon Services or those services
contemplated by this Agreement, including all such claims or causes of action based upon common,
constitutional or statuto law, ar based, whole ar in part, Zupan allegations of negligent ar intendanal
rY .
acts afDpening Doors Imn~gratian Services, its officers, employees, agents, subcontractors; licensees
and invitees. .
III, ~~F'~IC~' ~F I~~'ERE
~. opening boars In~nigration Services covenants that neither it nor any member of its
governing body presently has any interest, direct ar indirect, which would conflict in any n~aner or
de ree with the performance of services required to be performed under this Agreement, Opening
g
Doors Immigration Services farther covenants that in the performance ofthis Agreement, no person
having such interest shall be employed ar appointed as a n~embar of its governing body
~. opening Doors Immigration Services further covenants that no n~einber of its governing
had ar its staff, subcontractors or einplayees shall possess ariy interest in or use hislher position far
~ r .
a urpose that is or gyres the appearance of being motivated by desire for private gam for
. ~ ~ ~ ~ 4 * ~
himselflherself, ar others; particularly thane with which helshe has family, business, ar other ties,
~1a officer, member, ar employee of City aiad no member of its governing body who
exercises any function or responsibilities in the review or approval ofthe undei~aking or carrn out
of this Agreement shall participate in any decision relating to the Agreein~nt which affects. his
personal interest or the interest in any corporation,partnership, or association in which he bas direct
or indirect interest.
~II, ~ V i ~ V it
Any notice or other written instrument required or permitted to be delivered under the terms of
this A regiment shall be deemed to have been delivered, whether actually received or not, when
g
deposited in the united States mall, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Opening boars Immigration Services or City, as the
case maybe, at the fallowing addresses
Page 5 of7
~.l~~l~'IU ~Vk,r1~ ~~1 i~ I~ i~ ~~i
~~~
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~~t~ ~ ~~~~ ~~~l~~n, ~ ~~~~
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` ' ' address ~ endin n~tiee o~ch~r~ ~'~~dress ~~ the other
~th~r ~~rty may ehne ~~~ n~a,~n Y ~
dress b erted ~~, r~ ~ei~t re~~est~d~
at the a~o~re ad ~
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' ' n ees shy. not tr~~'~ ~~ or o~ a~
A, ~ boars ~r~t~v ,
" c~~ ari ' th~ren~er to any ~~ ~~ ~~es, band, ts~
~reen~~nt or ~terest therein, or and ~ ,
r athr ~nncia~ instron thaut the pear written ap~ro~al of ~.
evmp~n~ ~
' eernent is held ~~ b~ invalid, ille, ar nenforceab~e, the
~. ~f and ~ro~on ofthts ~` , ,
.. • • ~ free and sect and contue ~~ eo'orrn ~~ the an
rm~a~n prav~sxo ~~ rein ~ o
intent of both parties h~reta,
~ ~ to enin ~vors integration er~i~ hreunder~ or
na ~~ent Sh ~ ~ ~ ~ , ,
' ~ an ane ar mare instances u~an the terms ~ eondtt~ons ~~
a~n~ other act or ~l~re ~ ~ to ~n~st ~
• in ~ ~ to be ~ v~a~~rer ~~ ~ ~~ reh of
this Agre~e~.t onst~tnte or be c~nstraed ~ Y .
hieh ~ then or ubse uentl~ be eam~nitted b~ ~~ doors ~rnnnt~an
covenant or dfanlt ~ y ~ • "
aet or ~rnissn in nnner Apr ~~ pr~d~e ~ right,
er~ces, Ne~~her shad ~~~ payrr~ent, ~ ~
re~.ed available ~~ i to enforce its ~ghts hereunder, which rights, payers,
power, r~lge, or tY .
' ' e a~~a s ecic~ reser~e~. o tr~ttive ar agent ~~ t ~y
pr~~.leges, yr remees ax ~ Y ~
ai~e the effect ~~ this pro~isi~n.
' eth.~r v~ith referenced exhibits ~ attach~~n~s, constitat the
T~. ~h~s ~reen~ent, tog
' h~een a artier hereto, ~ and przor agreement, aser~ian, st~tnnt,
enure agr~ent ~
•
erst or a~her ca~tent o~ ~~~ ~ :a;th~s~ '~ent~ or ~ seq~en
and ding, , "
r ar effect ~rhatsoever unless prop~rl~ eec~ted ~ ~, and
thereto, have and legal fo ee
ap~rapriate, recorded as an a~nendn~ent ~f this ~gre~~t.
' rote retell in ~cordance with the laves o~the Mate of~'e~s and
~. This ~reernent shy be rp
.. is eemen~ ~ be ~ of competent urisd~ction sitting
venue ofan~ htigation eonrn~ng
Eton aunt, Tomas,
~ i ~ ~
~" the ~~S d~ ~~~~~ a~ ~hr ~~~tUr'eS ~~~~r ~ ~~~
,~~~:
~~:
APPROVED AS TO LEGAL F4
EDWIl~T M. SNYT)ER, CITY ORNEY
~~:
~~~ ~ ~~~~
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~~~ ~~~~~
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount
Year
1. Evers Parks Ltd/Keybank Real Estate DCAD Supplemental Change 2006 $ 6,814.71
2. First American/Nationstar Mortgage 2006 Overpayment 2006 $ 1,488.56
3. Ezell Air, Inc DCAD Supplemental Change 2006 $ 861.51
4. GCBSXX, LLC DCAD Supplemental Change 2006 $ 829.90
5. Ezell Air, Inc DCAD Supplemental Change 2006 $ 722.39
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 $10,717.07.
Respectfully submitted:
Bryan Langley
Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Utility Administration
ACM: Howard Martin, 349-8232
SUB~TECT
Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost
Participation Agreement between the City of Denton, Texas and Robson Denton Development
L.P. for the City's participation in the oversizing of water mains and in accordance with the
terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and
providing an effective date. (In the not-to-exceed amount of $247,308.26). The Public Utilities
Board recommends approval (6-0).
BACKGROUND
Robson Denton Development L.P. is developing the Robson Ranch proj ect located at the
southwest side of the city, west ofInterstate - 35W, north of Robson Ranch Road. The city has a
development agreement with Robson that required them to extend an offsite waterline to connect
their development to a new booster pump station to be built by the City of Denton on John Payne
Road. The Robson Ranch pipeline was a combination of a 30 inch and a 24 inch waterline. The
city wanted to oversize the section of 30 inch waterline that runs from the pump station to the
west side ofInterstate - 35w to a 36 inch water line to provide extra capacity to support future
development on the west side ofInterstate - 35W. The Robson Ranch development, the
Southwest Booster Pump Station, and the offsite water line extension and the oversize waterline
portion of the project are shown on Exhibit 1. The cost differential for this water line over sizing
($247,308.26) was determined by bids received by Robson and was submitted to the city by
Robson's engineer (Biggs and Mathews, Inc., of Wichita Falls, Texas). The city's oversize costs
also included some requested fittings and valves to facilitate logical extensions from this pipeline
at designated locations requested by staff. These fittings and valves would not have been
required of a pipeline to only serve the Robson Ranch development. The cost breakdown for the
city's oversize participation is detailed in the attached Exhibit 2. Staff has reviewed these costs
and compared them with costs for similar work on other projects in the area and is satisfied with
these costs. These costs have also been reviewed by the developer and their engineer and they
have agreed to this cost breakdown and total dollar amount.
OPTIONS
1. Participate in the oversize agreement
2. Do not participate in the oversize agreement
RECOMMENDATION
Staff recommends participation in over sizing the 30-inch water line to a 36-inch line.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utility Board recommended approval (6-0) at its December 10, 2007 meeting.
FISCAL INFORMATION
Oversize participation cost difference - $247,308.26.
Fun ing sources:
FY 2006 CIP -Oversize participation in the Southwest - $170,000.00 (revenue funds)
FY 2007 CIP -Oversize participation in the Southwest - $170,000.00 (revenue funds)
BID INFORMATION
See Exhibit 2
EXHIBITS
1. Site Map
2. Detailed Cost Breakdown of City's Oversize Costs
3. Oversize Participation Agreement
4. December 10, 2007 PUB Draft Meeting Minutes
5. Ordinance
Submitted by:
. ~.
Jim Coulter
Director of Water Utilities
Prepared by:
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Tim Fisher
Assistant Director of Water Utilities
EXHIBIT
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EXHIBIT 2
~~~
THE STATE OF TEXAS §
COUNTY OF DENTON §
'~T~ N~ ~T FAB'~~I~'I~D ~~~~T
- B~~'~ THE ~I ~~ B~1~T~, T.~A
~EAy l~ohsarz ~ I~el~ton Developr~en~ ~,~',~ hereln~er re~sr~ed to as
"r~~~,eio~e~4~~~ whose ~usin~ss address is ~~ ~, ~lg~s aad~ ~~r, ~~es i~orx~ ~5~~~
ish~s ~~ develop .~ ir~p~~o~~ c~€n ~'eaf ~pre~~r t~~rr~~d ~l~e ~ "o~san ~~t~ch
]]avefo~~no~t" ~~~ shn~v~~ i~ ~xk~~bit r, at~acl~~d hereto an~~ irte~rpo~~~tc~d ~a~erein b~ re~er~rie~~
lac~~ed in tl» ~~i of ~er~t~n, Teas a~~ its e~~-~~tert~~torl~f ~~urisdi~tiona ~i~d is re t~iced to
l ~ ~ ~ ~ ~, ,
~~~~ de such reel p~apey~ ~riih ~de~t~~te w~~~r, trar~sr~~ission o~aclt~y b deslgn~ng,
eor~strl~c~ing -~~d- lt~st~iling ~ water li~-c of insit~e ~ll~~neter ~~ ~0 inches X34"}, l~ereinaer
ref~r~~ed t~ ~s tlao "R~r~lxii`~d ~'acili~ies~'; and
. ~~A, the Cif ~~ ~~nton, Teas, ~ lunlcipa~ ~orpor~~tion ~vith its ~~~~
lac~te~ a~ ~ 1 ~ ~s~ l~c~~n~y, Benton, Te~€~s ?~~~ ~, ~ierea~cr~ ~~e~e~red ~o ~s~ the '"~f ,„ in
~ ' i -
~ceord~nce ~vith its ordln~~ne~s, wishes tv ~artroip~te .1n ~l~e cost of the c~ntrl~c~l~~~ end
lr~st~~lati~n ~~' sal water main to pr~vlcie for an 'tove~~sl~~d'~ ~~ter n~~in to ep~nd .ids utility
y~terrr end lns~~~e adequate ~~~Ilzt~ service ~~- other customers;
'~, ~ ,'1~pE, - in eor~~idera~icn ~~ tl~e m~~~~~al p~o~lses and ~~ven~nt~ -
- ~ c~ntsi~~ed, h~r~in the Deve~~~er end the pity do 1~ea~eby ~~~ ~~, ~o~f~avrst -
. 1, _ ~cveioper sf~~ff design, instafl, and' c~ns~r~uct} ~~~~o~irnatefy ~, ~ ~ llne~r feet ~f
thlrt~ s~~ ir~c~i ~}~~ water ~~istribu~iot~ ~ii~e, ~n~ alf neeessarf a urter~~nee~ thc~e~o here der
~' P~
re~e~~x'~d #o ~s the "~vot~si~cd Facilities" ~~ sha~vn on xliibit I~ ~~t~ched ~~ereto and
inco~~por~~ted herein ~~ re~erer~ce, : ~ , . ~ .. ~ -,
~~ A~s reclui~ied ~y t~a~ter ~ ofthe bode o~ ~rdina~nces o~ its ~~ ~cntol], Te~S,
~~~velape~~ cif l or~ter i~~to ~ ~~l~e~eio~n~ent ~o~tr~ct pr--for t~ l~egin~i~~g of-con~r~iction ~ e
versi~ed F~~cili~tas, ,Tl~is ~~vel~pi~ent o~tract l~ att~c~~ed hereto ~s L~~h~hit a~ad
li~co~~~er~ate~ here~vi~h h~ re~ercnce~, This ~g~cemcnt is s~~h~ect to ~r~d govert~e~ b~ said
I~e~re~apn~ent ~o~~~r~ct.and and othei4 np~lic~l~fe or~f fn~r~ees o~'~he pity ofDen~ot~, Tex~s~
I~~'ior to ~einni~g ~~ constr~r~ction ~o~ ~i~e ~v~rsi~ed F~ciii~ies# De~rclopcr ~sh~ll
ol~tair~~~ ~t ~e~el~~~~' sole cost 'and e~pcx~so, ill neeess~~~Y ~ert~its, llce~se at~~l e~scrrxent~,
The c~sernen~s~ deeds, end ~l~ts tlieiefcr oht~ine~ by Develo~~r s1~~ll he reviewed end
~~r~~ed -~s to f~xF ~n sul~st~r~ce ~,~ t~l~~ plilor ~o the beir~nin~ ~~ caris~~uctinn, ~~
~e~velopc~4 is . ~rn~l~le ~o ~oquire needed n~setr~ents, ]]evelo~er~ shall pro~vidc pity ~ftfi any
re~~ested docurnent~tion o~ efforts to oht~~n s~~ch e~scrnet~ts, incl~~ding -evidncc; o~
negotiations ~~t~ reasonable avers made ~to a ~~~`ecte~l p~o~er~t~ o~v~ers,, ~ e~s~~aerrts far
the ~versi~c~i ,Facilities ob~~~ned b~! the .Developer ~h~if~ be assigned to Ity} l~f not taI{an fry
~i"s pare,~pi1lor t~ acaopt~~ce ofthe ~vet~si~ed ~`a~llit~os, and~l~evelo . er~ v~at~r~nts clea~~ title
p~ ,
to such easements ~n~~~rlll de~et~d ~~t~ a~a~~~s~ a~~y a~lve~ise cia~~n made ~garns~ ~~ch true,
~~ . City's sl~ar:c ~n the post n~' tlxc vez~si~e~ l~ acifltf es is based t~ an the dle~~enee i~~ the
cyst ~~' insliing ~cgtair~~ F~cifities, ~s det~r~~~ined ley i, end the cost of tlx~. ~versi~ed
F`a~ilitles, a cieteri~ined~~b ~i, shall lie in err. ~~~ol~nt riot to e~cecd
EXHIBIT 3
Two hundred and farty~seven thousand three hundred fight ~~Ila~ Dollars ~~47,3aS.~~},
the maximum participation cast alla~ved herein.
The City shall not, in any case, be liable far any additiar~al cyst because of delays in
beginning, continuing, or completing construction; changes in the pricy ar east of rr~aterials,
supplies, ar lobar; unforeseen ar unanticipated cast because of tapagraphy, soil, subsurface,
or athcr site car~ditian; differences in the calculated and actual per linear feet of pipe ar
materials needed ~`ar the ~vers~zed Facilities; Developer s decision as to the cantractars or
subcontractors used to per~'orrn the ~varl~; ar any other reason or cause, specified or
unspecified, relating to the cans~ruction of the Oversized Facilities.
The City can make manthly payrrients far its share of the oversized Facilities
ar mal{e a lump surn payment far its share of the Dversi~ed Facilities once the i~nprovenaents
have been completed and accepted by the city, If manthly payments are requested, the
Developer shall submit monthly pay requests an farms provided by the City. 'The
Developer's engineer shall verify that each pay request is correct. Mach pay request, along
Frith the engineer's verification, shall be submitted to the Engineering Transportation
Department of the City The City mill retain ten percent {1~°~~} of the total dollar amount
until the project is accepted. Payment by the pity to the Developer will be made within thirty
~~ ~~ days of receipt of the pay estimate and the engineer's verification. ~f a lump sum
payment option is selected by the Developer, the Developer shall submit an invoice far
payrr~ent far the city's share of the oversized Facilities ante the irnpraverrxents have been
completed and accepted by the city. The Developer"s engineer shall verify that the final pay
request is correct. The pay request, slang with the engineer's verification, shall be submitted
to the engineering Transportation Department of the pity, Payment by the City to the
Developer will be made within thirty ~3a} days of receipt of the pay estimate and the
engineer's verification.
~. To determine the actual cast of the Oversized ~'acilitiesx City shad have the right
to inspect any and all records of Developer, his agents, ernplayees, contractors or
subcantractars, and shall have the right to require Developer to submit any necessary
inf'aration, documents, invoices, receipts ar other records to verify the actual cast of the
oversized Facilities.
7. All notices, payments or can~n~unications to be given ar made pursuant to this
Agreement by the parties berets, shall be sent to Developer at the business address given
shove and to the Director of dater 1`Jtilities far the City at the address given abave~
8. Developer shall indemnify and bald City harmless from any and all claims,
damages, lass ar liability of ar~y bind v~rhatsaever, by reason of injury to property ar person
accasianed b any act ar ornissian, neglect ar wrangdaing of Developer, its officers, agents,
employees, invitees, contractors ar other persons with regard to the performance of this
Agreement and Developer shall, at its awn cyst and expense, defend and protect City against ~,.
any and all such claims and demands,
~. If Developer does not begin substantial construction of the Oversized Facilities
within twelve ~1~ months of the date of eecutian of this Agree~nenta this Agreement shall
terminate.
2
~ ~~ T"~1IS ~ns'4run~e~t ernbed~es the entire ~gr~en~ent of the parties t~ali~ta axed these
~~~ no pren~i~es, ~ex~tns, eandi~an ~r ohlig~tior~~ at~~er thin Chase ee~tained ar ~a~c~r~par~ted
h~~•~itl, ~"l~ls Ar~er~en'~ sh~l~ ~u~e~~s~de ~~~ previa~~s camr~~~rtioati~ns, t4ep~~eset~tatian~s a~~
agr~~ents, ~hetia~r ~rerbal ~r ~rt~~tt~n, het~veen the ~~~~tie l~et~e#o ~r~th respect to the sul~j~ct
matter atl~is Agr~e~r~ent~
11, This A~reer~ent shall not he asi~ne~ ~y ~evelaper ~vithaut the ex ress r~tte~
~ansent n~ t~~e C~t~,
~~ ~.ny and ail t~~ts l~or a~~ breech e~this ~~r~en~ent, ~r any athe~~ suit p~rta~nin
- to ar ~t~lsing cut a~ this Areer~ent~ sl~ail be brox~ght in ~ court a~ eampetnt ~~~risdiotian in
~~tan ~Dljnty, Tox~s, Tl~ls ~.~re~n~ent sh~l~ be ga~e~~ned ~~ end canstru~d iri accol'd~nca -
~v~th tl~e ~~~ a~~e ~t~te ol~~'e~~s~
E~UTL~1~ in ~u~iicate a~~i~inal caur~terp~rt Icy the d~al~a~~tha~+~~ed acials end a~~icexs
a~the ~ ~r~~ the I~eve~npar, an this the day of ~ ~~4
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
December 10, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Vice-Chair of the Public Utilities Board thereafter convened into an Open Meeting
on Monday, December 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of
Denton Service Center, 901-A Texas Street, Denton, Texas to consider the following specific
agenda items listed below.
Present: Vice-Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson, Bill Grubbs
and Bill Cheek (arrived at 9:13 a.m.).
Absent: Chair Charldean Newell, excused
Ex Officio Members:
George C. Campbell, City Manager
Howard Martin, ACM Utilities
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending adoption of an ordinance declaring that a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of an
approximate 0.278 acre permanent water easement and an approximate 0.197 acre temporary
construction easement, both located in the Asa Hickman Survey, Abstract No. 521 and both
being within a parcel of land conveyed to Lee Anne Todd by deed recorded as Document
Number 94-R0001091 in the Real Property Records of Denton County, Texas; authorizing
the City Attorney, or his designee, to acquire the easements through agreement or eminent
domain; and providing an effective date.
3) Consider recommending approval of a water line oversize participation agreement between
the City of Denton and Robson Denton Development L.P., for an amount not to exceed
$247,308.26.
Board Member Phil Gallivan moved to approve Items 1 and 3 with a second from Board
Member Bill Cheek. The motion was approved by a 6-0 vote.
The meeting was adjourned by consensus at 10:15 a.m.
Exhibit 4
ORDINANCE N0.2008-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND ROBSON DENTON DEVELOPMENT L. P. FOR THE CITY'S
PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
(IN THE NOT-TO-EXCEED AMOUNT OF $247,308.26)
WHEREAS, the City desires to participate in the cost of oversizing water mains to be
designed, installed, and constructed by Robson Denton Development L.P. in an amount not to
exceed Two Hundred Forty Seven Thousand Three Hundred Eight Dollars and 26/100 Cents
($247,308.26), in accordance with the applicable provisions of the city of Denton
Development Code, §35.21.9.1 and 35.21.9.2; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a Water Main Cost
Participation Agreement Between the city of Denton, Texas and Robson Denton
Development, L.P. (the "Agreement") for the oversizing of approximately 3,150 linear feet of
thirty (" 30") inch water main to a thirty-six (" 36") inch water main; substantially in the form
of the attached Agreement, which is incorporated herewith and made a part of this ordinance
for all purposes; subject to Robson Denton Development, L.P. entering into a Development
Contract with the city of Denton, in accordance with the Denton Development Code,
§35.16.20.2.
SECTION 2. The City Manager is hereby authorized to make the expenditures as set
forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. MCNEILL, MAYOR
1
Exhibit 5
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY TTORNEY
By:
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Economic Development
CM: Geor e C. Cam bell, Cit Mana er
g p y g
~T 1RJF,(~'T
Consider adoption of an ordinance of the City of Denton authorizing the Mayor to execute
an amendment to that certain Tax Abatement Agreement with Aldi (Texas) L.L.C. approved
by the City Council on August 21, 2007, by providing that, as a condition of the Abatement,
Aldi shall construct a certain portion of VVestcourt Road to specifications acceptable to the
City of Denton and further providing that the construction of westcourt Road shall be
completed and accepted by the City of Denton prior to the issuance of Tax Abatement by the
City of Denton; providing for a severability clause; and providing an effective date.
(Economic Development Partnership Board recommends approval 7-0.)
BACKGROUND
The City Council approved a 100% five-year tax abatement for Aldi Foods on August 21,
2007. The intent of the abatement is to reimburse Aldi Foods for the construction of
VVestcourt Road at an estimated cost of $1.6 million.
A condition of the agreement is that Aldi will not receive a certificate of occupancy for their
distribution facility until Westcourt Road improvements have been completed. In the
process of designing the road and determining the alignment, several issues have arisen that
may delay the construction of the road.
• In order to improve the road, additional right-of way must be obtained. The City of
Denton owns the majority of the property on the west side of westcourt (Airport
property) and is willing to contribute the necessary right-of way, but FAA approval
maybe necessary as well. It also appears that a gas well heat exchanger is located in
the future right-of way.
• It will be necessary to obtain some right-of way from the east side of VVestcourt, and
Aldi will work with the private property owners to obtain it. However, if the land
owners are unwilling to sell the right-of way at a reasonable price, Aldi may enlist
the aid of the City to invoke eminent domain.
• One last complication involves the addition of aleft-hand turn lane on Airport Road
- a TxDOT roadway. Aldi is already working with City and TxDOT engineers
regarding the design of the additional lane.
As you can see, private property owners and federal and state agencies have been added to
the mix of stakeholders. Aldi is still optimistic that the road will be completed prior to the
issuance of the certificate of occupancy. However, they do not wish to take the chance that
their operation will be held up.
-1-
Aldi is requesting that the tax abatement agreement be amended to state that in lieu of
withholding the certificate of occupancy that the City will withhold any incentive until
VVestcourt Road is completed. To show good faith that the road will be constructed as
designed, Aldi will submit a payment equal to the cost to build the road at the time of the
final plat and enter into a developer's agreement with the City.
RECOMMENDATION:
The Economic Development Partnership Board reviewed the Tax Abatement Amendment
request at their November 19, 2007 meeting and recommends approval.
Respectfully submitted:
~~ .~
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Linda Ratliff, Director
Economic Development Department
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s:l~ur documentslordinances1Q81a1~i tax abatement agr ord.~oc
ORDINANCE NO.
AN ORDIl1iANCE ~~' THE CITY OF DENTON AUTHORISING THE MAYOR TO
EXECUTE AN AMENDMENT TO THAT CERTAIN TA. ABATEMENT AGREEMENT
wITH ALDI ~TEAS~ L~L.C. A.~~ROVED BY THE CYTY COUNCIL ON AUG~UT 1, ~~07,
BY PROVIDING T~IA.T, AS A CONDITION OF THE ABATEMENT, ALDI SHALL
CONSTRUCT A CERTAIN PORTION OF wESCOURT ROAD TO SPECIFICATIONS
ACCEPTABLE TO THE CITY OF DENTON AND FURTHER PROVIDING THAT THE
CONSTRUCTION OF wESCOURT RDAD SHALL BE COMPLETED AND ACCEPTED BY
THE CITY OF DENTON PRIOR TO THE ISSUANCE OF TAB A.BA.TEMENT BY THE
CITY OF DENTON; PROVIDING FOR A EVERABILITY CLAUSE; AND PROVIDING
AN EFFETI~E DATE.
wI~EREAS, on. August ~l, 2~0~7 the City Council approved a Tax Abatement Agreement
existing agreements with Aldi Texas} L,L,C.}and
wHEREA~, the A.green~ent required Aldi to construct estcourt Road, from Airport
Road south to pringslde Road ~a distance of approxln~ately ~,2~0 linear feet} as a two-lane,
concrete road to specifications acceptable by the City of Denton; and
WHEREAS, the construction of westcourt Road was required to be completed and
accepted prior to the issuance of a Certificate of Occupancy by the City of Denton; and
wHEREA, due to conditions beyond the control of Aldi, the deli and construction of
estcourt Road may extend beyond the completion of the Aldi distribution facility; and
w~TEREAS, the Economic Development Partnership Board recommends Aldi be
permitted to obtain its certificate of occupancy upon completion of all other re aired
~.
construction, except the construction of estcourt Road; and
wI-IEREAS, the Economic Development Partnership Beard recommends the grahting of
tax abatement be withheld until completion of construction of westcourt Read in lieu of the
certificate of occupancy; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The findings set forth the preamble of this ordinance are incorporated by
reference into the body of this ordinance a if fu11y set Earth herein,
SECTION ~. The City Council approves the withholding of the tax abatement until
con~pletlon of construc~.on of westcourt Road ~n lieu of the certificate of occupancy.
SECTION That if any section, subsection, paragraph, sentence, clause, prase, ar
P
word in this Ordinance, or applica.an thereof to any person or circumstance i held invalid b
any court of competent jurisdiction, such balding shall not affect the validity of the remainxn
s,lour d~cumentslordinance~~~8lal~i tax abatement air ord,~oc
portions of this ~rdina~ace, the pity council of the pity of Denton, Texas hereb d
Y eclares that
they would have enacted such re~naln~n portions des ate an such invalidi
~ y ty
::~
ETI~~ 4, This ~rdin.ance shall hecomc e~~'ectiv
~ ~mechately upon. its passage and
approval, ~~
PAP~D AND APPROVED this the day of ~
008.
PERRY R. cNEII1I~, II~AYOR
ATTEST;
,NN~ER SALTERS, CITY' EORTAY
BY;
APPR~~D A TO LEGAL F~;
EDWIN NYDER, OITY ATTORNEY
B~Y.
Page ~
s:laur dacnment~lcontract~lOS~fir~al am~ndmer~t - westconrt raad.dac
Al1NDN~ENT T~ A TAB ABATEl1lYT ~1~EEENT
~ETwEEI~ THE ~ ~F DE~1'I'H~, TEAS
This Amendment to the Tax Abatement Agreement the "An~endn~ent'}~ is rr~ade and
entered into as of the effective date prodded for below, by and between Aldi Texas LL.C.,
Texas lln~ited l~ab~i~ty company ~"Aldi"~, and the CITY CF D~NT~N, a Texas municipal
corporation the "City"}, far the purposes and considerations stated below:
w~IEREA~, on August ~ l , ~~~~, the City Council approved ~`ax Abatement
Agreement with Aldi ~Texas~ L.L.C.; and
wI~EREA, the Agreement required Aldi to construct estcourt Road, from Airport
Road south to pringside Raad ~a distance of appraxi~nately 4,200 linear feet} as twoWlane,
concrete road to specifications acceptable by the City of Denton; and
wHEREA, the construction of westcaurt .oad was required to be completed and
accepted prior to the issuance of a Certificate of occupancy by the City of Denton and
~il~-IEREA, due to cor~ditians beyond the control of Audi, the design and construction of
westcourt Road may extend beyond the completion of the Ald1 d~strrbut~on fac~llty; and
wEREA, the Economic Development Partnership Board reca.n~.ens Aldi be
permitted to obtain its certificate of occupancy upon completion of all other required
construction, except the construction of westcaurt Road; anal
wI~EREA, the Economic Develap~nent partnership Board recommends the granting of
tax abatement be withheld until completion of construction of westcourt Road in lieu of the
certificate of occupancy;
N~, TI~REF~RE, the City and Aldi Texas} L.L.C. covenant and agree as follows:
1. paragraph I.F of the Existing Agreement is hereby amended as follows "A condition of
the Abatement is that the owner shall construct westcaurt Road, from Airport Road
south to pringslde Road {a distance of a~pprox~mately 4,20 linear feet} as half of a
secondary arterial concrete road and to specifications acceptable by the City of Denton.
Construction of westcourt Rand must be completed and accepted prior to the issuance of
tax abatement by the City of Denton, In addition, owner agrees to enter into an
areement with the City of Denton far the construction of westcaurt Road prior to receipt
of their building permit and to deposit funds far said construction from which Owner may
draw to pay its contractor or from which the City may draw far the purposes of building
westcourt Rand in the event that Owner fails to construct westcourt Road within one ~ 1 }
year after receipt of their certificatte of cccupanoy,"
. All other terms and conditions of the Existing Agreement shall remain in full force and
effect.
s;lour dacum~ntslcantractsl0lfmal amendment - westcourt road.dac
. This A~ner~dr~ent hail be effective a of the cast date of sigr~re of a party a~ indicated
below ~"The Effective date"}.
~T~ ~F DENTON, TEAS
PERRY R. cN~~LL, ~Y~I~
DATE;
ATTEST:
~ENN~FER ~vALTE~, IT"Y E~RETA~RY
I3Y:
APPR~ED A T~ LEGAL FARM:
EI)~VIN ~VI. NY~EI~, CITY ATT~IEY
f f'~' , ,~
ri
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b~:
ALD~ TEA} L.L.Q.
~Y:
ITT FIUI~A
DATE:
ATTEST:
Page ~
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Solid Waste
ACM: Howard Martin, Utilities 349-8232
~T 1R.TF,CT
Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing
the filing of a proj ect application with the North Central Texas Council of Governments for a
Regional Solid Waste Program -Local Implementation Project; delegating and authorizing
George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other
matters that are related to this project application, pledging that if funding for this project is
received, the City of Denton, Texas will comply with all project requirements of the North
Central Texas Council of Governments, the Texas Commission on Environmental Quality, and
the State of Texas, and providing for an effective date.
BACKGROUND
Through grant funding from the State of Texas, the NCTCOG is the administrator of the funds
collected from statewide fee paid to the TCEQ on solid waste disposal. Project funds are
designated for joint and local solid waste projects during the state fiscal year that began on
September 1, 2007. Approximately $1.4 million of reimbursable project funding is available for
implementation projects in the current FY 2008 planning cycle.
NCTCOG 2008 Grant Schedule:
Project Application Submittal Deadline to NCTCOG: January 4, 2008
Council Resolution Submittal Deadline to NCTCOG: January 18, 2008
Resource Conservation Council votes to approve list of grant projects: February 14, 2008
NCTCOG Executive Board approves RCC approved grant list: February 28, 2008
NCTCOG contracts with funded project entities: Beginning week of March 17, 2008
Projects completed including Release of Claims: July 31, 2009
Project Description:
Denton's requested grant will help fund equipment and educational materials to support the Solid
Waste Department's efforts to work with construction contractors to meet their `Green Building'
construction needs. To aid developers and contractors in meeting Leadership in Energy and
Environmental Design (LEED) construction criteria, the City Council approved the purchase of
recycling roll-off containers for placement at local construction projects around the Denton area
during their meeting of November 6, 2007. Reusable and recyclable materials are planned for
source separation at various construction sites during a buildings construction or demolition
process.
The equipment listed in the grant will assist in the reuse and recycling of construction and
demolition (C&D) materials, permitting the City to provide requested support of LEED
construction criteria within the Denton community. The City will utilize selected recycling
materials roll-off containers for the acceptance of applicable construction and demolition
materials for which recyclable markets exist, or the opportunity for materials reuse exists.
Denton's efforts in this area will aid the NCTCOG's Regional Solid Waste Plan of promoting
source reduction, deconstruction, and construction and demolition material reuse. They
additionally support the Council's recommended direction to provide increased commercial
materials recycling and reuse opportunities within the Denton community. The grant includes
funding to support a local public education campaign informing and promoting LEED
construction goals, and the C&D materials recycling opportunities which are available for
Denton's local construction and demolition projects. Additionally the application requests
funding for city staff to obtain LEED education and training and program certifications, thereby
enabling staff to assist local developers in a more professional and comprehensive manner.
(1PTT(1N~
The City Council may or may not recommend approval of the resolution officially authorizing
the filing of a project application with the NCTCOG for a Regional Solid Waste Management
Plan - FY 2008 Solid Waste Implementation Project.
If approved, the resolution must be submitted to the NCTCOG by January 18, 2008 in order to
be considered for grant reimbursement funding.
RECOMMENDATION
Staff recommends approval of the resolution for funding through the NCTCOG Regional Solid
Waste Management Plan grant program in the sum of $33,970.80.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Denton's staff attended the NCTCOG's FY 2008 grant information and training meeting on
November 30, 2007. Due to the grant timeline dates provided in the background information
above, it was necessary to bring this agenda to the City Council seeking resolution approval prior
to presenting it to the Public Utilities Board.
The Public Utilities Board will be provided this agenda information at their meeting of January
14, 2008.
FISCAL INFORMATION
Grant reimbursement funding is requested in the amount of $33,970.80. This grant requires
quarterly Council of Governments reporting and reimbursement of funds.
EXHIBITS
1. Grant Description.
2. Grant Task List with Timeline and Costs.
3. Grant Resolution.
Respectfully submitted:
A. Vance Kemler
Director of Solid Waste
City of Denton Construction and Demolition Recycling Program
Goal: Time to Recycle
Objective: Promote Source Reduction, Deconstruction, and Construction and
Demolition Material Reuse
Action Recommendation: Implement C&D Recycling Projects; Create a Recycling Guide
for Contractors; and obtain Leadership in Energy and Environmental Design certification
training.
Project Description:
The City of Denton has begun work to implement a Construction and Demolition (C&D)
Recycling Program. C&D waste can occupy as much as 20% of the wastes found in
landfills. According to the U.S. Census Bureau population estimate release on June
28th, 2007, the City of Denton is the ninth fastest growing city in the nation. The City
continues to issue new construction permits for residential and commercial development
that reflect continued growth within the city's jurisdictional boundaries (ETJ). Master
Planned Communities (MPCs) encompassing thousands of acres of land recently
annexed into the city limits of Denton will bring wide-scale residential, commercial, and
industrial development, and with this growth comes construction waste. Therefore, the
City of Denton Landfill will implement a Construction and Demolition Processing Center,
open to all landfill and solid waste customers. This program will accept typical C&D
building materials such as cardboard, wood, metals, concrete, asphalt, bricklstone,
plastics, and any other materials forwhich markets or reuse options are available.
The residential and commercial construction planned within the Denton area over the
next several years will generate thousands of tons of recyclable and reusable C&D
materials. The Denton Construction and Demolition Processing Center can serve as the
processor to all customers that require C&D roll-off containers at their construction
and/or demolition site. Additionally, C&D materials will be salvaged from containers and
trucks brought into Denton's landfill for disposal by private citizens and privately owned
companies. Therefore, these materials will no longer be deposited into the landfill and
will no longer consume valuable landfill airspace. Airspace savings, as a direct result of
diverting generally non-compactable C&D materials from Denton's landfill, will extend
the life of the current and future landfill cells, thereby delaying the frequency and costs
to Denton's citizens for construction of additional landfill cells.
The grant funding requested will aid the Solid Waste Department in achieving greater
efficiencies in implementing the C&D recycling project. Many of the construction
materials will be source separated on-site during the construction process to expedite
the recycling process. Roll-off containers are a large portion of the capital costs needed
to capture and sort these materials. The purchase of these roll-off containers will enable
the City to provide requested C&D recycling services and meet the area's expanding
C&D growth. Additionally, the City of Denton Recycling Division plans to develop
promotional and educational materials forthe C&D Recycling Program. We plan to
Exhibit 1
create a C&D recycling guide for contractors and advertisements pertaining to the
construction and development industry.
The City of Denton Solid Waste Department is a national member of the US Green
Building Council (USGBC), and is a member of the local North Texas USGBC Chapter.
Solid Waste staff recently attended the USGBC's annual conference, Greenbuild, and
will be working with Denton's Planning Department personnel to promote and
encourage green building using the Leadership in Energy and Environmental Design
(LEED} standards for new construction. LEED is the nationally recognized standard for
green building, providing the tools and resources necessary for the construction of cost-
effective and energy efficient buildings. Staff will greatly benefit from LEED training and
certification as LEED Accredited Professionals, allowing them to more fully understand
the importance of the issues, and enabling them to better assist customers in their
LEED Certified building project requirements. Staff has included within the grant request
a portion of the funding requirements to obtain LEED training and certifications for staff.
The City of Denton Fire Station No.7 is the City's first LEED certified facility. The City of
Denton Recycling Division recycled the C&D material from this project and provided the
required reports following the LEED certification guidelines. Roll-off containers will be
placed at many of Denton's construction sites, thereby enabling contractors to meet
LEED criteria and obtain construction goals.
Sustainability:
The City of Denton has made a commitment to being a leader in addressing waste
issues. We have a curbside recycling program, six recycling drop-off centers, curbside
appliance recycling, acomputer/electronics recycling station, commercial recycling, our
Sustainable Schools Program, Home Chemical Collection Program, and curbside
collection of yardwastes for composting. We support the GCA award-winning Keep
Denton Beautiful program. Denton actively supports the NCTCOG's Regional Solid
Waste Management Plan.
The equipment, promotional and educational materials, and certification training the
grant funding will provide will enable the department to expand the level of commercial
recycling services the department currently provides, allowing staff to provide C&D
waste management services. The program is planned to be in place for many years to
come, as long as construction and demolition continues, and the need exists within the
Denton area for this service.
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s:laur dacumentslresalutions1081~a1id waste gang autlaanzatian jan 2~~S.dac
R.EDLUTYDN N~ R~OOB-
A REOLUTI~N ~F THE CITY C~UNC~L OF THE CITY ~F DENTIN, TExA
AtJTH~RI~INC~ THE FIL~NC~ ~F A PROJECT APPLICATIQN KITH THE NORTH
CENTRAL TEA C~UNC~L ~F C~~~ERNMENT F~~ A REI~NAL SLID ATE
PR~CrAM - LOCAL IP~EENTATI~N PROJECT; DELEATIN AND
ACJTH~R.I~IN THE CITY MANACxE, ~R. HIS DEINATE, TD ACT ~N BEHALF ~F
THE CITY IN ALL MATTERS THAT ARE RELATED T~ THIS PRDJECT APPLICATION,
PLEDINC THAT IF FUND~N FAR THIS PROJECT` I RECEDED, THE CITY ~F
DENTIN, TExA wILL COMPLY ITI~ ALL PROJECT REIJIREMENT F THE
NDI~TH CENTRAL TExA COUNCIL F O~RNMENT~, THE TEA C~MM~IDN
N EN~IR~NMENTAL QUALITY, AND THE STATE QF TEA., PROVIDINCr FDR AN
EFFECTIVE DATE.
wI~EREA, the North Central Council of Governments ~~CTCD~ has been. directed by
the Texas Commission on Environmental duality ~~CE~ to administer solid waste project
funds for the implementation of the NCTCDG adopted ol`d'ie to R.ecycl~'; and
wHEREA, the City of Denton, Texas is qualified to apply for project funds under the
` ~~~~ Request ~~~' Appllcatlon'; end
wI~EREAS, the City Council of the pity of Denton has expressed their support and
interest regarding the above'referenced solid waste pro j ect; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DEN~TDN I~ERE~Y REGLE•.
SECTION _ 1. The City Council of the City of Denton, Texas hereby delegates and
authorizes the Ci Manager, or his designate, to complete the application and seed in the
a lication to request pro j eet funding under the North Central Teas Council of overnent
~1 , f , # # ~ i
`Request for Appl~ctlon'for the in~piementat~on of the Regional Sold Waste Management Plan,
and the City Council hereby f~uther errrpowers and authorizes the City 1Vlanager, or his designee,
to act on the behalf of the City an all matters that are related to the project application, and any
subsequent project contracts} that may result therefrom.
SECTION 2. should the ro' ect be funded, then the City of Denton, Texas shall comply
~J
with the re uirements of the North Central Texas Council of Crovertunents, the Texas
q
Comrr1ission on EnvironYnental duality, and the Mate of Texas.
SECTION ~~ The project funds and any project-funded equipment and facilities will be
used solely for the purposes for which they are intended under the Pro ject~
SECTION 4. The actlvlt~es of the city shall comply with and support the adopted local
and re Tonal solid waste n~anagen~ent plans adopted for the geographical area in which the
g
activities are performed.
Exhibit 3
s:lour documentslresol~tionsl~Sl~olid waste grant authorisation jan ~~~S.doc
~CT~~N 5. This reso~u~~an ha~1 became effeotxe imed1atel~ upon ~t pa~s~e and
apprava~.
PAE~ A1~D .~PPROYI~ this the day of . ~a~8.
P~~RY R. oNEII~~} IIY~~
ATTP~T.
JENNI~'~R ALTER., CITY ECRETA~Y
~Y:
APP~~~ED A TO LEGAL F~~1VI:
EI~~VIN NI. NYDER, CITY ATT~IEY
.~
BY:
2
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Phil Williams 349-8459
ACM: Jon Fortune
CTTR.TFf'T
Consider adoption of an ordinance amending Ordinance 2007-260 so as to award aone-time
purchase for overhead mounted and underground pad distribution transformers for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing an effective
date (Bid 3886-One-Time Purchase for Overhead and Underground Distribution Transformers
awarded to Wesco Distribution in the amount of $770,846, and to Techline, Inc. in the amount of
$98,676 for a total award amount of $869,522)
BID INFORMATION
On November 6, 2007, Council awarded Bid 3886 to TEC Utility in the amount of $676,821.
After award, TEC Utility withdrew their bid. The manufacturer, General Electric, identified a
bid error, and could not supply the specified transformers at the bid prices. (The November 6,
2007 Council agenda sheet is included as Exhibit 1). The remaining bidders were asked if they
could hold the bid prices firm until January 9, 2008. HD Supply was unable to hold their pricing
due to the same bid error by General Electric. Both Techline, Inc. and Wesco Distribution
offered to hold their pricing.
The change in award of the transformers will cost the City an additional $192,701, however
based upon the bid error; this is the fair market value. The lead times for transformers are
lengthy, and Denton Municipal Electric (DME) has numerous projects pending arrival of these
units. This has created asituation inwhich re-bidding is not in the best interest of the customer.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Council originally approved this item on November 6, 2007 (Ordinance 2007-260).
RECOMMENDATION
Rescind the award to TEC Utility as referenced above, and award aone-time purchase of
transformers to the following vendors:
TtPm ~ VPnr~nr
2-4 Techline, Inc.
1, 5-7, 9-16 Wesco Distribution
Agenda Information Sheet
January 8, 2008
Page 2
RECOMMENDATION (CONTINUED)
The bid submitted by Irby was disqualified due to numerous exceptions to the specifications, and
HD Supply was unable to extend their bid pricing. The bid tabulation sheet is included as Exhibit
2. The bid evaluation sheet is included as Exhibit 3.
PRINCIPAL PLACE OF BUSINESS
Wesco Distribution Techline, Inc.
Haltom City, TX Ft. Worth, TX
ESTIMATED SCHEDULE OF PROJECT
The estimated delivery schedule for the transformers is six months from receipt of an order.
FISCAL INFORMATION
These items will be issued out of Warehouse stock as they are needed and charged back to the
appropriate project account.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Exhibit 1: AIS- November 6, 2007
Exhibit 2: Bid Tabulation
Exhibit 3: Evaluated Transformer Costs
1-AIS-Bid 3886
Exhibit 1
AGENDA INFORMATION SHEET
AGENDA DATE: November 6, 2007
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition maybe directed
to Sharon Mays 349-8487.
~TIR.TECT
Consider adoption of an Ordinance accepting competitive bids and awarding aone-time purchase
for overhead pole mounted and underground pad mounted distribution transformers for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing an effective
date (Bid 3886-One-Time Purchase for Overhead and Underground Distribution Transformers
awarded to Wesco Distribution in the amount of $43,544 and TEC Utility in the amount of
$676,821 for a total award amount of $720,365). (The Public Utilities Board approved this item
by a vote of 5-0).
BID INFORMATION
This bid is for the one-time purchase of overhead and underground transformers that Denton
Municipal Electric (DME) uses to provide electric service to its 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 stocked at the DME facility,
existing units that fail cannot be replaced, and service cannot be extended to new residential and
commercia customers.
DME also requires three special distribution pad mounted transformers (line item #8) to supply
substation power at the RD Wells Interchange. The special units will receive high voltage
primary service directly from the 12,470v delta tertiary windings of the 150MVA auto-
transformers in the interchange.
This distribution transformer purchase recommendation is based upon the total cost of operation
for each size transformer utilizing an industry standard formula that includes initial cost, full load
loss cost and no-load loss cost. Losses directly correlate with the efficiency of the transformer.
Since transformers are continuously connected to the electric system, the watts loss over a
multiple decade life is a significant evaluation factor. The lower loss transformers cost less to
operate than higher loss transformers. The evaluation of the loss factors is included as
Attachment 2.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its October 22, 2007 meeting.
Agenda information Sheet
November 6, 2007
Page 2
RECOMMENDATION
Exhibit 1
Award the one time purchase of transformers to the following vendors:
TtPm #
1-7, 9-11,13-17
8,12
VPnr~nr
TEC Utility
Wesco Distribution
The bid submitted by Irby was disqualified due to numerous exceptions to the specification
including the use of non electric utility industry standard FR3 dielectric fluid instead of mineral
oil. Irby also required adjustments to be made in their submitted bid prices based on actual
transformer delivery lead times that may vary from the quoted lead times by using a Cooper
derived CPI Index.
PRINCIPAL PLACE OF BUSINESS
Wesco Distribution TEC Utility
Haltom City, TX Decatur, TX
ESTIMATED SCHEDULE OF PROJECT
The estimated delivery schedule for the transformers is six months from receipt of an order.
FISCAL INFORMATION
These items will be issued out of Warehouse stock as they are needed and charged back to the
appropriate project account.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
Attachment 2: Evaluated Transformer Costs
1-AIS-Bid 3886
Exhibit 2
Bid #3886
Date: September 13, 2007
One-Time Purchase for Overhead and Underground Distribution Transformers
COD 1-Time
ITEM Warehouse Order DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
# Qty.
TECHLINE, INC. WESCO DIST. HD SUPPLY TEC UTILITY IRBY
Principle Place of Business: Fort Worth, TX Haltom City, TX Corinth, TX Decatur, TX Fort Worth, TX
OVERHEAD - POLEMOUNTED TRANSFORMERS
1 28586000 6 TRANSFORMER, 10 kVA 120/240v $1,273.00 $1,085.00 $819.00 $772.59 $1,090.00
2 28586005 12 TRANSFORMER, 15 kVA 120/240v $1,175.00 $1,225.00 $949.00 $895.45 $1,249.00
3 28586010 18 TRANSFORMER, 25 kVA 120/240v $1,604.00 $1,548.00 $1,157.00 $1,056.85 $1,601.00
4 28586015 24 TRANSFORMER, 50 kVA 120/240v $2,321.00 $2,137.00 $1,881.00 $1,775.65 $2,317.00
5 28586020 2 TRANSFORMER, 75 kVA 120/240v $5,208.00 $4,061.00 $2,114.00 $1,995.95 $2,738.00
6 28586025 1 TRANSFORMER, 100 kVA 120/240v $6,513.00 $3,824.00 $2,582.00 $2,437.59 NO BID
7 28586001 2 TRANFORMER, 10kVA 240/480v $1,584.00 $872.00 $856.00 $780.39 $956.00
Standard price deduct for transformers
supplied without required tank
mounted Lightning Arrester assembly, $26.50 $23.00 $20.00
coiled High Voltage lead and wildlife
nrntartnr
Transformer Manufacturer: Howard Ind. A66 G.E. G.E. Cooper
Only NEW parts & equipment are used
in the manufacture of supplied Yes Yes Yes Yes Yes
transformers: YES or NO
Authorized Distributor by Yes Yes Yes Yes Yes
Manufacturer? YES or NO
Delivery can be made within 6-14 Weeks 8-10 Weeks 10 Weeks 10 Weeks 8-10 Weeks
weeks of receipt of order.
UNDERGROUND - PADMOUNTED SINGLE-PHASE TRANSFORMERS
8 SPECIAL 3 50kVA PMT, 12.47kV DELTA HV- $5,445.00 $4,436.00 NO BID NO BID $4,274.00
240/120V
UNDERGROUND - PADMOUNTED THREE-PHASE TRANSFORMERS
9 28586085 4 TRANSFORMER, 3PH. UG 150 kVA $17,113.00 $11,476.00 $9,864.00 $9,012.19 $13,230.00
208Y/120
10 28586090 1 TRANSFORMER, 3PH. UG 225 kVA $17,767.00 $13,801.00 $13,103.00 $11,307.65 $16,328.00
208Y/120
11 28586095 g TRANSFORMER, 3PH. UG 300 kVA $18,580.00 $14,152.00 $11,718.00 $10,706.60 $26,460.00
208Y/120
12 28586100 2 TRANSFORMER, 3PH. UG 500 kVA $23,138.00 $15,118.00 $18,029.00 $16,473.10 $27,211.00
208Y/120
13 28586125 2 TRANSFORMER, 3PH. UG 300 kVA $19,133.00 $17,007.00 $12,884.00 $11,117.79 $21,214.00
480Y/277
14 28586130 7 TRANSFORMER, 3PH. UG 500 kVA $28,265.00 $17,242.00 $16,336.00 $14,925.89 $26,863.00
480Y/277
15 28586135 7 TRANSFORMER, 3PH. UG 750 kVA $36,760.00 $30,378.00 $19,784.00 $18,076.15 $34,157.00
480Y/277
16 28586140 5 TRANSFORMER, 3PH. UG 1000 kVA $40,989.00 $36,027.00 $31,645.00 $28,913.75 $41,874.00
480Y/277
17 28586145 2 TRANSFORMER, 3PH. UG 1500 kVA $47,160.00 $30,919.00 $33,372.00 $30,491.39 $57,884.00
480Y/277
Transformer Manufacturer: Howard Ind. 3 ph A66 G.E. G.E. Cooper
1 PH. 3PH.
Only NEW parts & equipment are used
in the manufacture of supplied Yes Yes Yes Yes Yes
transformers: YES or NO
Authorized Distributor by Yes Yes Yes Yes Yes
Manufacturer? YES or NO
Delivery can be made within 6-26 Weeks 10-30 Weeks 9-14 Weeks 30 Weeks 10-18 Weeks
weeks of receipt of order.
Bidder's Comments:
*Prices shall be FOB Denton, via flatbed truck or trailer.
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s:lour docurnentslnrdinancel4$ldme transformer purchase reaward.docx
~RDIl~ANE
AN D~DINANE AMENDING ~RDIlVANE ~~a~~2~~ Q A T~ AWARD A ENE-TIME
PURCHASE FDR OVERHEAD MOUNTED AND ~NDERCR~UND PAD DISTRIBUTION
TRANSF~I~ERS F~~ DENTIN MUNICIPAL ELET~I; PRVIDINC~ FAR THE
EXPENDITURE ~F FUNDS THEItEFD~; AND PI~~V7Dn~ AN EFFECTIVE DATE BID
38S~-ENE-TIME PURCHASE FDR ~VE~HEAD AND UNDERR~L~ND DITR.IBIJTI~N
TRANSF~R~R.S AWARDED TD ~~~ DISTRIBI~TIDN n~ THE AM~LINT OF
$77a,~4~, ~ T~ TEHLrNE, INS. TN '~ AMOUNT ~F $9,~7'~ FAR A TOTAL
ATARD AMOUNT ~F ~~9,~~~}
~HE~EAS, on Navernber ~, 2a07 the pity council adopted Ordinance 2a07-~~~
accepting and approving, inter alga, the bid of TES Utility as ~~~ the lamest responsible bids
for Items 1-7, 9-l~ and 1-17 of Bid SSA-Dne~Time; and
~IEREA, due to circumstances beyond the control of TES and FID Supply, the nest
lov~est responsible bidder, and pity, neither TES nor HD Supply are able to comply v~ith ~ the
terms of the said bid av~rd and supply the specified transformers at the prices bid; and
~EREAS, Tech~ine, Inc. and esca are able to comply nth the terms of the bid a~ad to
supply the speciEed transformers at the prices bid; and
HEI~EAS, The pity auncil has provided in the pity budget far the appropriation of
funds to be used far the purchase of the materials, equipment, supplies ar services approved and
accepted herein; ND, THEREF~I~E,
THE ~UNiL DF THE CITY ~F DENTDN HEREBY ~RDAIN~:
ETON l . Section ~ of ordinance ~~~7-2~0, ~s hereby amended to read as fallow;
The numbered items in the fvlloin numbered bids far materials, equipment, supplies,
or services, sham in the "Bid Proposals" an f11e in the office of the pity Purchasing Agent, are
hereby accepted ar~d approved as being the lamest responsible bids for such items:
Item # Vendor A.ount
2-4 Techline}.Inc. ~ S,7~
I,5-7,9-1~ esca Distribution $70,84
. i
+w
s;lou~r d~cu~r~en~slordi~ancesl~~ldme ~rafarmer purc~iase reaward.doc~
~~
~,
SBCTION ~. Ail other prav~sions of ordinance ~a7-~~~ shad. remain in full farce and
effect,
SECTZ~N 3. By the acceptance and ~prn~a~. of the above numbered items ~f the
subn~tted bids, the City accepts the offer of the persons subtt~n the bids for such items and
agrees to purchase the materials, equipment, ~.pplies or services accordance with the terms,
specifications, standards, quantities and -for the specified sums contained in the Bid Invitations,
Bid Proposals, and related documents.
-e
S~TI~N 4. Should the- Ci and a v~innin bidders} ash to enter iota a formal
written a ee~.ent as a result of the acceptance, approval, and awarding of the bids, the City ;
f f f i ~ F 4 f
ll~anager ar his designated representative ~s hereby authar~~ed to execute a mitten contact
accordance .th the terms, canditio, specificatians~ standards, quantities and specified sums
contained the Bid Proposal and related docuxaents and to e~teaad that contract as deter.tzed to
be advantageous to the City of Denton.
SBCTION . By the accceptnce a~.d apprava.l of the above enumerated bids, the City
Council hereby authorizes the expenditure of finds therefor in ~.e amount and in accordance
v~ith the approved bids.
SBCT~~N ~. This ordinance shall became effective immediately u~an its passage and
approval.
PASSBD AND APP~~vBD this day of ~~~8.
PBPRY R. cN~ILL, MAYO
ATTEST:
,TENN~'E~ A~TP~I~.S, CITY S~CR~TAI~Y
.4fiY h
APPR~vBD AS TO L~A~ FCVi.
EDP . SN~YDER, CITY ATT~RN~Y
BY: ~..
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Emerson Vorel 349-8274
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute
Change Order One to the contract between the City of Denton and The Fain Group, Inc.;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3770-
Cedar Street Improvements Change Order One in the amount of $197,744.64).
BID INFORMATION
This change order request is for the removal and replacement of street pavement material on
Cedar Street between McKinney and Mulberry Streets. Currently Cedar Street is under
construction to replace all sidewalks, lighting, water, wastewater, and storm water lines to bring
the Streetscape area into compliance with ADA standards. The construction will also provide for
beautification improvements and business enhancement opportunities. As construction crews
have opened the street to replace public utilities, it has become apparent that the street pavement
sub-base is non-existent and there are multiple layers of asphalt and concrete pavements. It is
being recommended to remove and replace the aging existing street pavement layers with a new
lime stabilized sub-base and 8" of asphalt driving surface for the long term street service of this
project.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council approved Bid 3770 Cedar Street Improvements (Ordinance 2007-135) on June
19, 2007 in the amount of $1,170,263 .
RECOMMENDATION
Approve Bid 3770 Change Order One in the amount of $197,744.64 for a total bid award of
$1,368,007.64.
PRINCIPAL PLACE OF BUSINESS
The Fain Group, Inc.
Fort Worth, TX
Agenda Information Sheet
January 8, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project began in August 2007 and is expected to be completed in April 2008. The
contractor has requested a 30-day extension due to the street paving included in this change
order.
FISCAL INFORMATION
This change order will be funded from Economic Development account 300012445.1360.40100
in the amount of $157,744.64 and Street Paving account 360028443.1360.40100 in the amount
of $40,000.
FX~TTRTT~
Change Order One Itemization from The Fain Group, Inc.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3770 Change Order One
Exhibit 1
~~E ~~DR 1 ~NTRAT REVI~~I~
ify of Benton, Texas owner
Distributed to:
owner 1 ! antracto~ 1 1
~_
~~~ ~77~ ~~ #~4~~~ khan ~ ~rde
g r#1
Pro~ect:edar Street Streetsea a Utili re laeemrent Dated:l~~
1? !']
ontraetar: The Fa~oup~__~n. ,~,~ontract Date: dune 19 ~~
~7
~rl.f. Box 7~
Fort worth T 7~~~1
This change ~rderlRevis~on nukes the followin chap es i~ thzs contr
~ ac#.
Add: Rep~~eernent of Street fang and associated ex enses far cedar
. P Street from
cK~rrney Street to Mulberry t, See attached detail ~ 97 '~44,G4
The ~1 ~~LL~ ~,~~~R~rb u~~r.r.rraa..rr~/rr.rrr.usrr..urrr..f.r~.r;.rr.tur~;..r.r*r.fr^~ ~ ~~~
~~~~~
let pane by prev~ous~ authorized change arder~.rr ....................
00
The ~~ontract Sum} prior tD this change order„....1.4i.ri.#....#....rl..i.r. 1 ~7a il~i
~0
The ~~ontract Sump will be ~~ncreased} by Phis than a ardc~...,..... X97 744 ~j
i ~ ~ ~ .~4
The 'ew~ontract Sum} ~ncZuding this change order will be........ ~ ~ ~g 0
p ~y. . , 07.4
The a~Ll ~ ~~~, ~ b~, ~~~rr~~~~~~ b~rrrr^.*r.r*;.r~*tir~srr.~srr*...rl~ ~~~fllil ee~~
dA
The date of substant~a~ completion as of the date
of this change order therefore is r...r#•r,...r./,„r*,,,,,,,**r,r,*+„r„/„rr** Ma ~ Z008
Tl~e Fain group, Ind ... .-
ontrctor has above}
Cif f Denton
~,~
Dwner
p,D. Box 7~
Address
For Worth TX 76101
Si ture
~R~&~1~(Z .... _
Print Name
1 ~I~ 7l07
Date
~t -B Texas Street
Address
Denton T~ 7~20i
S~na~ure
Print Dame and Title
Date
~:1rk~ckudWord Docsl~edu Street Project ~IesICHANGE ORDER Fain Group, Cedar Street CD#Z, ] 1-?-07,~ac
Decennber I3, 2(307 ^
Mr. Robert Ticker ~~ `
City of Denton ~
601 Hickory P.o. s~ Aso
Dentazi, TX 76209 F«c w«n,. ~x ~s~o~
~~~
817-927-4,989 Fex
~: p Pav~.ng change Order .n,~gr,y.on~,
overt,
'~h~ cost to add " pad to cedar Street based on ~ ri r •
~c ed drawings from ebricke~, Ral~~s and Associates
. rece~veci via erna~ on December ~ U, ~0~7 ~ One Hundred H~
`our and 41~ D c°ty-~cven ~'hous~d seven Hundred ~o
~ dollars { ~ ~7,7'~4.~4~. Teo cosh breakdown for .. ~Y
t~s add~~an ~s as fo~Iaws:
~N~RET~ DES ~AEI~ ON ~Mf~~ N~1~C~D USA COLLE
TOR
escri
Quan ' Units ni~los~ Total . .
ll~~ll As >~aitlConcrte Davin 8~~8" must stQ ~f rear e1nuntered
'
33308
F
Addi~
vnat move' for t~iif ing based on doing ^nc btocfc a~ a time
anerete 8" ea
halt s~ ~ ~~ ~
~ ~zs8 ~
Additiv~ai move- ~~~ a~ h~~# loosed nr~ doing ore bock ~# ~ Mme 3338
~ F
or~erete~As halt rernova! at lnt~rsections to receive concrete
"
8~ ~ ea
Y
~
Lirr~e Treated u
rode 4059 ~
2t1N C~ng ~~ t~ $" lhlV~C
Additional Move-ins for Mme 8tabifixataon rr
L~
urve 'n ~ e~
~.~ wk
edit far Base Bid work
~ ea
~O.G3 ~Ot984.04
~~.ao ~~,~.~o
~J.I U r~~~L~O.~~
~1,33~.0D ~,~.00
~ fi.6d ~ 3t4?8.40
~.o'~ 4~4~~r~
~~~ 1~~~~~ ~rlr V
~~5.00 ~,~ X0.00
$3,894.00_ ~,98~ .OQ
~8,T9~.D0 ~ 70,~83.0~
ubfotat $~84,4~~.5
Prot ~~.00°l0 5,~~3.'l 6
Band ~.DO°I~ $4,08.19
Taial
$197'.744.fi~
This price includes the cost of milling for asphalt areas, ranoval of concrete/asphaltfor tlreareas with new
concrete paving at the intersections of Oak, Hickory and McKinney, 6" of lime treatment on existinE sort, an
estimated quantity of 1000 LF for saw cutting paving up to 8"thick where required and additional mobilizations
for asphalt paving, milling operation and lime treatmeot based on completing one block at a time.
This price does not include the following: any utility adjustments for underground utilities that are in conflict
with lime operation or within the new 8" depth of paving or any utility adjustment required if the final top of
paving elevation has changed from the base bid top ofpaving elevation, any fill material required due to
rmsuitable soils or for revised elevations that wr7l require fill material, lime treatment under c:orb and gutter,
concrete removal due to encountering rebaz in the milling process before reaching 8" in depth
In addition to the cost above this change wr11 require Thirty (30) working days added to the contract time based
on approval no later than January 11, 2008. Please feel to call me at 817-927-4388 with any questions or
concerns.
Thanks,
r ~~~
Jpes
CC: File
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND THE
FAIN GROUP, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3770-CEDAR STREET IMPROVEMENTS CHANGE
ORDER ONE IN THE AMOUNT OF $197,744.64).
WHEREAS, on June 19, 2007 byOrdinance No.2007-13 5, the City awarded a public works
contract to the Fain Group, Inc. in the amount of $1,170,263 for Cedar Street Improvements;
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount, and said change order fees under the proposed
contract are fair and reasonable and are consistent with and not higher than the recommended
practices and fees published by the professional associations applicable to the Provider's profession
and such fees do not exceed the maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Change Order No. One, increasing the amount of the contract between the
City and The Fain Group, Inc., which is on file in the office of the Purchasing Agent, in the amount
of One Hundred Ninety Seven Thousand Seven Hundred Forty Four and 64/100 ($197,744.64)
Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance
with said change order. The total purchase order amount increases to $1,368,007.64.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
3-ORD-Bid 3770 Change Order One
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition maybe directed
to Phil Williams 349-8459
~TIR.TF,CT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Lower Colorado River Authority for the
acquisition of 69kV and 13 8kV circuit breakers for Denton Municipal Electric by way of an
Interlocal Agreement with the City of Denton; and providing an effective date (File 3623-
Interlocal Agreement for the Purchase of Circuit Breakers for Denton Municipal Electric
awarded to Siemens Power Transmission and Distribution in the amount of $347,390). The
Public Utilities Board recommends approval (6-0).
FILE INFORMATION
This item is for the purchase of five 13 BkVcircuit breakers and three 69kV circuit breakers for
Denton Municipal Electric (DME) through an Interlocal agreement with the Lower Colorado
River Authority. A complete description of the use of these circuit breakers is included in the
attached Public Utilities Board (PUB) agenda information sheet (Exhibit 1). The PUB actually
approved the purchase of two 69kV circuit breakers, but since that time the need for an
additional breaker has been determined by DME. The price quotation from Seemens Power
Transmission and Distribution is included as Exhibit 2.
PRIOR ACTION/REVIEVV (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its December 10, 2007 meeting. Clty Council
approved an Interlocal agreement with the Lower Colorado River Authority on December 12,
2006 (Ordinance 2006-134).
RECOMMENDATION
Award to Siemens Power Transmission and Distribution in the amount of $245,585 for five 138
kV breakers and $101,805 for three 69kV breakers for a total award of $347,390.
PRINCIPAL PLACE OF BUSINESS
Siemens Power Transmission and Distribution
Owasso, OK
Agenda Information sheet
January 8, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
The circuit breakers will be ordered upon Council approval. Estimated delivery is sixteen weeks
from receipt of an order.
FISCAL INFORMATION
The purchase of the circuit breakers will be funded from the following accounts:
600128492.1350.3530 $ 67,870
602099494.1350.3530 $ 33,935
602153494.1350.3530 $147,351
600005488.1350.3530 $ 98,234
$347,390
Requisitions numbers 85285, 85293, 85294, 85295 have been entered in the purchasing software
system.
F,XHTRTT~
1. Public Utilities Board Agenda Information Sheet
2. Price Quotation from Siemens
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3623
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #4
AGENDA INFORMATION SHEET
AGENDA DATE: December 10, 2007
DEPARTMENT: DME
ACM: Howard Martin, 349-8232
~T IR.TF,CT
Consider recommending 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 Texas Local Government Code, for the
purchase of 13 8kV and 69kV circuit breakers; and providing for the expenditure of funds
therefor (File 3623-Interlocal Agreement for the purchase of circuit breakers with LCRA
awarded to Siemens Power Transmission & Distribution, Inc. ("Siemens"), in the amount of
$313,455).
BACKGROUND:
Denton Municipal Electric (DME) has several substation proj ects in the approved CIP that
require purchase of 13 8kV and 69kV circuit breakers. At this time, two 69kV circuit breakers
are needed for the Hickory Substation; three 13 8kV circuit breakers are needed for the Jim
Christal Substation; one 13 8kV breaker is needed for the R. D. Wells Interchange; and one
13 8kV breaker is needed for a spare. Pictures of Siemens 69kV and 13 8kV breakers are
included on the following page.
The City Council approved an Interlocal Cooperation Agreement with the Lower Colorado River
on December 12, 2006 (Ordinance 2006-334). The Interlocal Cooperation Agreement is a
mechanism whereby the city can participate in LCRA's competitively bid alliance agreements
for purchase of electrical and other products. LCRA has an existing purchase agreement in
place with Siemens for 69kV and 138kV circuit breakers. DME proposes to obtain the needed
circuit breakers through this Interlocal agreement. The Interlocal agreement stipulates that each
participating agency arrange the specific purchases and issue purchase orders directly to vendors.
Because of the volatility in the market, the LCRA agreement contains a mechanism whereby
prices maybe adjusted periodically. The Siemens pricing to LCRA is due to be reviewed in
February with the likely result that the prices will increase by some amount.
AI S -PUB Agenda Item #4
December 10, 2007
Page 2 of 3
ushing Current
Transformers
Operating
[echanism and
~ntrol Cabinets
DME obtained the LCRA prices and the technical information for the circuit breakers and
evaluated their suitability for application in local projects. Only minor adaptations in the control
and indication features will be necessary to make the circuit breakers compatible with the
protection, control, and indication schemes that DME uses. The 138kV circuit breakers will
require the addition of lights, switches, and wiring in the control cabinet at a cost of $2,422 per
breaker. The 69kV breaker adaptation will require the addition of lights, switches, and wiring in
the control cabinet and removal of six bushing current transformers. The effect of these changes
is to lower the price of the 69kV breakers by $3,525 per breaker. With these changes, DME's
unit price for 13 8kV breakers will be $49,117, and the unit price for 69kV breakers will be
$33,935 based on applying the cost for the changes to LCRA's bid price. A quotation from
Siemens showing the LCRA price and the cost adjustments for the control and CT changes is
attached as Exhibit 1.
The cost for five 138kV breakers will be a total of $245,585.
The cost for two 69kV breakers will be a total of $67,870.
Byway of clarification, the quotation references 145kV and 72V circuit breakers. The nominal
voltages for the transmission systems around Denton are 13 8kV and 69kV. There are national
industry standards for maximum voltages that manufacturers must comply with for equipment
that will operated at these system voltages. For 13 BkV, the maximum voltage rating must be
145kV and for 69kV, the maximum voltage rating must be 72kV.
nPTInNS:
1. Recommend approval
2. Not recommend approval
AI S -PUB Agenda Item #4
December 10, 2007
Page 3 of 3
RECOMMENDATION:
DME recommends approval of the unit prices for purchase of circuit breakers from Siemens
through the existing interagency agreement with LCRA.
ESTIMATED SCHEDULE:
The circuit breakers for R. D. Wells, Jim Christal, Hickory, one spare will be ordered upon
approval by the City Council.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
None by the PUB
City Council approved the Interlocal Cooperation Agreement with LCRA on December 12, 2006
(Ordinance 2006-334).
FISCAL INFORMATION:
The circuit breakers will be purchased using budgeted funds for specific proj ects.
BID INFORMATION:
The bids were administered by LCRA.
DATE SCHEDULED FOR COUNCIL APPROVAL:
January 8, 2008
EXHIBITS:
1. Quotation from Siemens
Respectfully submitted,
Sharon Mays
General Manager
Denton Municipal Electric
Prepared by:
f~:
Chuck Sears
Engineering Administrator
Denton Municipal Electric
Exhibit 2
IEI~IEN
December 3, 2007
Karen Smith, Sr. Buyer
City of Denton
901-B Texas Street
Denton, TX 76209
RE: SPS Circuit Breaker pricing via LCRA Agreement
Ms. Smith
Per our previous communication the Lower Colorado River Authority currently has an
ongoing agreement with Siemens to purchase our SPS circuit breakers. This agreement is
changed as negotiated based upon the current needs of either party, and as you know, part
of this agreement allows other entities such as the City of Denton to purchase at the
LCRA pricing.
From past purchases, and communication with your Engineering staff, we know the exact
design changes necessary to match your technical preferences. We have determined the
costs to slightly modify the LCRA design that you plan to purchase to meet Denton
requirements. These costs are listed in the table below.
City of Denton SPS Circuit Breaker Prices based upon LCRA Agreement
LCRA price Design change to match Denton spec. Denton Price per LCRA Design wl Changes
145 KV $ 46,695.00 $ 2,422.00 $ 49,117.00
72 KV $ 37,460.00 $ (3, 525.00) $ 33, 935.00
This offer is valid to you through January 31, 2008. Please feel free to contact me if you
have any questions. We look forward to working with you.
Trey Little, Sales Agent for Siemens I Len T. Deloney LLC
Cc: Ed Carter, Siemens Application Engineer
ORDINANCE N0.2008-
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE LOWER
COLORADO RIVER AUTHORITY FOR THE ACQUISITION OF 69KV AND 138KV
CIRCUIT BREAKERS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE (FILE 3623-INTERLOCAL AGREEMENT FOR THE PURCHASE OF
CIRCUIT BREAKERS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO SIEMENS
POWER TRANSMISSION AND DISTRIBUTION IN THE AMOUNT OF $347,390).
WHEREAS, on the 12th day of December, 2006, the City Council considered and
approved an Interlocal Cooperation Agreement (the "Agreement") with the Lower Colorado
River Authority ("LCRA"), pursuant to the provisions of Texas Local Government Code,
Section 271.102, by Ordinance No. 2006-334, that provided for the cooperative purchase of
goods and services; and
WHEREAS, pursuant to said Interlocal Cooperation Agreement, the City desires to make
purchases of 138kV and 69 kV electric circuit breakers; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase five (5)
138 kV circuit breakers for the unit price of $49,117 each; and three (3) 69 kV circuit breakers
for the unit price of $33,935 each, totaling $347,390 from Siemens Power Transmission and
Distribution, Inc., the successful bidder pursuant to 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 Texas Local Government Code; which
Agreement is on file in the office of the City of Denton 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 , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
3-ORD-File 3623
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
December 10, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Vice-Chair of the Public Utilities Board convened into an Open Meeting on Monday,
December 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present: Vice Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson, Bill Grubbs
and Bill Cheek (arrived at 9:13 a.m.).
Absent: Chair Charldean Newell, excused
Ex Officio Members:
George C. Campbell, City Manager
Howard Martin, ACM Utilities
Vice Chair Dick Smith announced that a quorum was present and convened into a closed
meeting at 9:00 a.m. to consider the following under the provisions of §551.086 of the Texas
Government Code.
CLOSED MEETING:
[~ Before the Public Utilities Board ("PUB") may discuss, deliberate, vote, or take final
action on each of the agenda items posted as a "competitive matter" in a Closed Meeting
under the provisions of Texas Government Code §551.086(c) relating to "Public Power
Utility" items, the Chair of the PUB shall first announce the time, and then the PUB must
then vote and make a good faith determination, by a maj ority vote of its members, that if any
particular agenda item listed under the "Closed Meeting" section is an electrical "competitive
matter" that satisfies the requirements of §551.086(b)(3). If there is more than one
"competitive matter" item on the PUB agenda, then a separate vote must be taken for each
item. The vote shall be taken during the Closed Meeting and shall be included in the
certified agenda or tape recording of the Closed Meeting. If the PUB fails to determine by a
majority vote of its members that the particular agenda item satisfies the requirements of
§551.086(b)(3), then the PUB may not discuss, deliberate or take any further action on that
Agenda item in its Closed Meeting. For any agenda item listed under any other section of
the Texas Government Code, other than §551.086, consideration in the Closed Meeting is
permitted without the necessity of a preliminary motion and a vote of the Board being taken.]
A. CONSULTATION WITH ATTORNEY --- Under Texas Government Code
§551.071; and DELIBERATIONS REGARDING REAL PROPERTY ---Under
Texas Government Code §551.072;
1. Discussion, deliberate, and receive information from Staff, and provide Staff with
direction peNtaining to the puNChase price of, the possible teNms of sale of, and
valuation issues respecting the acquisition of an approximate 0.278 ache permanent
water easement; and an approximate 0.197 acre temporary construction easement,
both located in the Asa Hickman SuNVey, AbstNact No. 521 in the City of Denton,
Denton County, Texas, and being located along the north side of Roselawn Drive.
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
2of7
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Consultation with the City's attorneys regarding legal issues associated with the
necessary easement acquisition for the above easements, where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to the City
Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any administNative pNOCeedings or
potential litigation involving said real propeNty. (Roselawn Drive WateN Line Project)
B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
UnderTexas Government Code §551.086.
1. Receive competitive public power information and financial documentation from Staff
in the form of the Denton Municipal Electric ("DME ") Executive Summary together
with the October 2007 DME Budget versus Actual Revenues, Expenses, and
Commodity Volumes; and discuss, delibeNate, consideN, and pNOVide Staff with
direction regarding such matters.
2. Receive competitive electric information, including financial information from staff
pertaining to Denton Municipal Electric ("DME ") electric service rate issues and
strategies, including without limitation, the Second quarter FY 2008 Energy Cost
Adjustment ("ECA ") and Renewable Cost Adjustment ("RCA ") rates and other
related matters; and discuss, deliberate, consider, determine policy, and provide Staff
with direction regarding such matters.
At 9:24 a.m. Vice Chair Smith declared the closed meeting ended and announced that the
Public Utilities Board was thereafter in open session.
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
Vice Chair Smith pulled Item 5 for Individual Consideration.
1) Consider recommending adoption of an ordinance declaring that a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of an
approximate 0.278 acre permanent water easement and an approximate 0.197 acre temporary
construction easement, both located in the Asa Hickman Survey, Abstract No. 521 and both
being within a parcel of land conveyed to Lee Anne Todd by deed recorded as Document
Number 94-R0001091 in the Real Property Records of Denton County, Texas; authorizing
the City Attorney, or his designee, to acquire the easements through agreement or eminent
domain; and providing an effective date.
2) Consider recommending adoption of an Ordinance accepting competitive bids and awarding
a public works contract for the construction of Morse Street Channel Improvements;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3847-
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
3 of 7
1 Morse Street Channel Improvements awarded to Laughley Bridge and Construction, Inc. in
2 the amount of $1,049,766).
3
4 3) Consider recommending approval of a water line oversize participation agreement between
5 the City of Denton and Robson Denton Development L.P., for an amount not to exceed
6 $247,308.26.
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8 4) Consider recommending an ordinance accepting competitive bids by way of an Interlocal
9 Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
10 Authority ("LCRA") under Section 271.102 of the Texas Local Government Code, for the
11 purchase of 13 8kV and 69kV circuit breakers; and providing for the expenditure of funds
12 therefor (File 3623-Interlocal Agreement for the purchase of circuit breakers with LCRA
13 awarded to Siemens Power Transmission & Distribution, Inc. ("Siemens"), in the amount of
14 $313,455).
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16 Board Member Phil Gallivan moved to approve Items 1 through 4 with a second from
17 Board Member Bill Cheek. The motion was approved by a 6-0 vote.
18
19 ITEMS FOR INDIVIDUAL CONSIDERATION:
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21 5) Consider approval of Task Order 07-F, ERGOT Monitoring, of the Professional Services
22 Agreement Between the City of Denton and R. J. Covington Consulting, LLC (RJC) for an
23 amount not to exceed $20,000.
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25 Vice Chair Smith questioned why, with an outstanding balance of $30,000 available, staff is
26 recommending a $20,000 increase. Sharon Mays, General Manager, DME, replied that staff has
27 limited expertise in ERGOT related issues and she is doing this prior to her leaving because the
28 ACM and Interim General Manager will need more support and advice regarding ERGOT issues
29 and adding an additional $20,000 will make that support available. Smith asked why the
30 $30,000 was not enough and if not, what procedure would take place when it is determined that
31 it is not enough. Mays replied she doubted the $30,000 would be enough given that there are a
32 number of important activities occurring at ERGOT at this time and that the procedure for adding
33 the additional $20,000 later on would require agenda items for PUB and City Council which
34 could make it a lengthy process.
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36 Board Member Gallivan questioned how long the $30,000 would last. Mays replied that
37 depended on what happens. At this time activities could go increase depending upon changes
3 8 made to software which will require monitoring in key areas of the process.
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40 Vice Chair Smith commented that Professional Services Agreements had always been kind of a
41 sticky issue since he has been on the Board and it seems that the Board just rubber stamps
42 everyone one of them and he is concerned that is not the right way to do it.
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44 Board Member Gallivan asked if there was a maturity of the agreement and does it renew every
45 year. Mays replied there was no automatic renewal, but if something happens at ERGOT and
46 staff does not have approval to get somebody to monitor it, it could take four sometimes six
47 weeks to get Council approval.
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
4of7
2 Vice Chair commented that the City has used Covington for 11 years, and he believed they
3 would continue to provide services to city until additional funds were approved. Mays replied
4 that was correct, but she has to warn them every single time that she does not have the authority
5 to commit approval of that money, so they are always running the risk that the policy makers will
6 not approve the additional monies needed.
7
8 Board Member Gallivan moved to approve with a second from Board Member John
9 Baines. The motion was approved by a 5-1 vote with Vice Chair Smith casting the
10 opposing vote.
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12 6) Consider recommending approval of the Public Utilities Board meeting minutes of:
13 a. November 12, 2007
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15 The minutes were approved as circulated.
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17 7) Present a summary of City Accounting System Review completed by R.J. Covington
18 Consulting, LLC.
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20 Howard Martin, ACM, called on Phil Williams, DME Finance and Accounting Manager, to
21 present. Williams provided a summary of the review which was approved by the PUB last year.
22 Williams noted that once additional staff was in place the review began earlier this year. The
23 report has been reviewed with the Finance Director and other City Management and all are in
24 agreement on how to proceed.
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26 The report is important because in the late 1990's Texas PUC began regulating and setting rates
27 for transmission services for all electric utilities. The Transmission Cost of Service filings
28 require information to be presented by the FERC Uniform System of Accounts and, based on
29 DME's last TCOS filing, DME earns 28% on transmission system investments. Williams stated
30 that the main issues identified with the study were Fixed Asset Accounting and the need to
31 ensure that assets are booked in the correct FERC account. Williams pointed out the 28% comes
32 from other utilities in the state and not from the citizens of Denton and so it is important revenue
3 3 to receive.
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35 The second item addressed timely reporting of financial results. Staff needs to provide reports to
36 management and PUB on a regular basis, and to record all entries throughout the year so that
3 7 management can monitor performance.
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39 A review of Fixed Assets Accounting explained that fixed assets accounting is currently done on
40 Excel spreadsheets at year end with the information downloaded from the Oracle accounting
41 system. Additions, retirements, work-in-progress, capitalized interest, and depreciation are
42 calculated on spreadsheets. Williams stated that for fixed asset accounting this is not where we
43 want to be but there have been improvements and more improvements are planned.
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45 In reviewing the DME asset list, Williams noted that few items needed to be written off, and that
46 a few items were found that should have been depreciated and some that should not have been.
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
5 of 7
1 After adjustments, the net adjustment of $271 thousand to the total Net Book Value of $83
2 million was made.
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4 The review of FERC accounting found $1.3 million of assets in inappropriate FERC accounts
5 which translated to about a $110,000 annual impact on TCOS revenue; and as a result, the
6 Engineering Manager started reviewing transmission jobs in detail and the Finance and
7 Accounting Manager will review FERC accounting for all fixed assets during the year.
8 Improvement measures to be put in place will address the need to improve capitalization of
9 equipment, engineering overhead, administrative time off and administrative overhead. Also,
10 there will be a close out of jobs periodically during the year instead of just at year end and more
11 recording entries will be made during the year.
12
13 Williams stated that to continue to get better staff will:
14 • Start using the Oracle Fixed Asset module instead of spreadsheets
15 • Talk to other cities that have an electric utility and are using Oracle accounting software,
16 • Arrange for an Oracle consultant to provide training
17 • Create methodology for capitalizing equipment and overhead items.
18
19 In addition, there will be more frequent review accounting reports listed by FERC account
20 during the year and plans to make improvements to time reporting software will result in better
21 accounting for labor and equipment charges. Staff will also study how to improve issues related
22 to warehouse operations.
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24 Williams stated that in conclusion staff has made significant progress in improving accounting
25 processes and that more improvement is in progress.
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27 Vice Chair Smith asked about the actual report from Covington stating he would like for the
28 Board to receive the Executive Summary as well as the report. Mays replied staff would email
29 those documents today and suggested that the Board also receive the response from the Finance
30 Department.
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32 8) Receive a presentation providing summary information of a citizen's survey completed by
33 the Survey Research Center at the University of North Texas (UNT), on the City of Denton's
34 Trash and Recycling Collections Programs, September 2007, and the North Central Texas
35 Council of Governments Regional Recycling Rate Benchmarking Study, September 2007.
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37 Howard Martin, ACM, pulled this item stating that due to the absence of the Recycling
3 8 Manager, it would be considered during the January meeting.
39
40 9) Consider approval of a First Amendment to a Professional Services Agreement with
41 Solutient GeoSciences, Inc. to provide investigative groundwater monitoring services at the
42 city's landfill in the additional amount of $89,606.75, authorizing the expenditure of funds
43 therefor; and providing an effective date.
44
45 Martin called on Vance Kemler, Director of Solid Waste, to present. Kemler stated that as
46 background for this item, landfill staff conducts ground water and gas monitoring and testing.
47 The ground water program calls for testing of a series of perimeter monitoring wells around the
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
6of7
1 landfill and that on one particular well, about one and one-half years ago, testing detected a
2 landfill gas presence in an under drain of an old dewatering device installed when the landfill
3 was constructed. Gas had intruded into that area. When the landfill gas came into contact with
4 water, that water can pickup volatile organic carbons and when that gas was detected there was a
5 slight increase in the presence of a volatile organic carbon compound, about 5 parts per billion,
6 really small. Over time, based on federal and state requirements, this is a statistical significant
7 increase and at that point, staff should begin further monitoring and expanding the testing to
8 determine exactly what there is in that area ground water monitoring well. Staff believes it is
9 associated with the presence of landfill gas from about a year and one half ago and is not
10 associated with a release from the landfill itself. Today, staff is seeking authorization to add
11 three wells, one to determine if there is some flume or contamination or presence of that volatile
12 organic carbon further away from out monitoring well. A well will be placed to find out where
13 or if that material is present. A third well can detect any of that volatile organic material away
14 from the landfill. Staff would like to get the process started as promptly as possible, and if there
15 is a problem, move forward, based on findings, with corrective action.
16
17 Gallivan stated he was under the impression that the regulators are tracking this now and are not
18 too concerned about it. Kemler, they are concerned, but once the regulatory agency was notified,
19 a letter was received stating an assessment determination needs to be undertaken.
20
21 Board Member Cheek moved to approve with a second from Board Member Robinson.
22 The motion was approved by a 6-0 vote.
23
24 10) ACM Update:
25 a) Water, Wastewater, Solid Waste September Financials
26
27 Vice Chair Smith stated he would like to confirm that beginning next year, drainage fees revenue
28 would be broken out separate from these budgets showing drainage fee revenue as well as the
29 allocated expenses to that revenue. Martin replied that it is done now and kept separate so one
30 call tell drainage fee revenues under wastewater, but if the Board wants specific drainage
31 expense, that can be broken out. Smith replied they want to see, whether it is broken out in a line
32 item in the budget or detailed in separate spreadsheet, in detail, actual revenue and all expenses
33 against that revenue. Martin asked if he wanted to see if for this fiscal year. Smith replied if it is
34 easy to print out yes.
35
36 Board Member Baines asked about the $8 million dollar swing in the bottom line on page 94 in
37 prior year and current year and how it is handled. Martin replied it was covered through the use
3 8 of reserve funds. Martin stated that last year was a good year in terms of it being hot and dry
39 which created revenues that added to the reserve level. That allows flexibility, when there is a
40 not so good year and a lot of rainfall, and staff does not have to alter rates to the customers.
41 Baines asked if staff anticipated at win year. Martin replied staff always budgets on what is
42 called a normal year.
43
44 b) 4th Quarter CIP Report for Water, Wastewater & Solid Waste
45
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
7of7
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11) New Business -This item provides an opportunity for Public Utilities Board members to
suggest items for future agendas or to request information from the Assistant City Manager
or uture meetings.
Board Member Grubbs asked for a biodiesel update. Kemler replied that had been no change
since the Board meeting in November.
12) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
Texas Government Code, as amended.
There was no continuation of a closed meeting item.
The meeting was adj ourned by consensus at 10:15 .m.
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Roy Minter, Jr. 349-7925
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of nine police sedans;
providing for the expenditure of funds therefore; and providing an effective date (File 3 946-
Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford
Inc. in the amount of $205,884).
FILE INFORMATION
An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with
Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the
supply of goods and services.
The City of Denton j Dined a Metroplex Regional Co-op for the purchase of Police Sedans headed
by Tarrant County with the intention of pooling our buying power. Approximately one hundred
fifty-seven governmental entities including twenty-seven counties, seventy-nine cities, twenty-
one school districts, four universities and twenty-six special districts combined to purchase
approximately 2,300 vehicles for the 2007-2008 contract.
Bids were solicited from 41 qualified vendors and five responded. These prices are below current
State of Texas contract and Houston Galveston Area Council of Governments (HGAC) prices for
similar vehicles.
This acquisition is for the purchase of nine police patrol sedans. The units will replace similar
2000 and 2001-year model units no longer suitable for police activities.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98-
175). Tarrant County Commissioners Court approved the 2007-008 bids and awarded a contract
to Philpott Ford on October 2, 2007 (Bid No. 2007-190).
RECOMMENDATION
Award to Philpott Ford Inc. in the amount of $22,876 each for a total amount of $205,884 for
nine police patrol sedans.
Agenda Information Sheet
January 8, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
Philpott Ford, Inc.
Nederland, TX
ESTIMATED SCHEDULE OF PROJECT
The estimated delivery of the vehicles is approximately 60-90 days.
FISCAL INFORMATION
This acquisition will be funded from bond account 810007458.1355.30100.
EXHIBITS
Exhibit l :Quote from Philpott Ford Inc. with Tarrant County Pricing
Exhibit 2: Price Sheet with Selected Options
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3946
EXHIBIT 1
CUSTOIVII~ED ~ROD~UCT PR.I~IN~ ~I~MIVIAR~ ~A~~D ON CO1~TnACT
1~OLtCC VE[~Y+C~,ES
TARRANT COUNTY STA~'EW1DE CONTR~CTI2008
End User: Ci af' I~entc~n h# 940 349 7342. philpott l~ep:1JMME't'T~, CONE
Contact: Tom Shaw fa.Y# 940 349 7 t 58 Date: I6-Dcc-07
product 1~esCrNptjon; _p~licc intcrcGptor
A. Bid Series; ",~,"' revised 1Z~19-2Q07 A. Base Yrice: $ 1~.~7~,UU
B. published Options Iltemize each hel[iwl
Code O lions Bid Price Cada Options Bid Price
2008 P71 olive u~terce for ~~4~ radio, ~-wa~- ro wirc ~ ~7,pQ
owzr ~vicldows, I~cks, mirrors POLICE HUB CAPS
4.6L VS tYex tuel FFv ei~ ine r~ew white exterior W'!, cloth front bucket
for 200$ ~r.~t~, vii~y) rr.~r iN ch:~rc~,~l
~irG rc~surc monitarin~ systenti 425 50 strafe crni5sien~ ~ySL'em
ilea front dour bQQ S~detnl0 ShnSt~lled ~ ZIi,UU 5yM side air ba~sldriver~ assenger ~ ?6U.UU
~IH clet;klid rclcasc on doorlign powered $ ~S.UU
47$ il~terior courtes ino erative $ 10,00 ~~AC'l'Olt4' pRD~;R UN 1T~
1 a driYCr side s atlight ~ 1 ~G,Qa DELI1r'EPi~' APP3~ 120-1$U I)A'~"S
67R ino er~CivG rr~r hKndlcs ~ 12.OU ARO
80 rood wiri~ r7o hole in 4cnCcr of roof ~ 40~D0
1d'1~ Pord "K~vtar" trunk ask $ 15~~00
948 rear windows ino cr<<tivc $ l3.UU
'Total of B. Published Options: S 7S6.UU
C. ~nnublished Options I ltemi2e eflch below. trot to e~ccEed Z5°!o f ~_ 'I ll_2
O iia~~~ Bid Prig O iiu~i~ Bid Yricc
horn, siren, whin ~ re ~ 65,D0 ~~o Rhino lront push burnpcr #SD3$ $ 355~OD
S3M radira sup ressioi~lbandin stra s ~ 95.UU TOM, NOTE Tire Pagel is ~d~~itio~~l east
TARRA~IT COUT]TY JOINT inEtsllad is !~S~S.UU~'~~'~ !~ ~95.U0
COO!'ERA"l,1VE/JUIN'C V~N1'l1R~E OC Hahn sySlCm is additional cost o~'~?69,50 $ 7b9,5D
POLICE PACKAGE VEHICLES installed.
~E~i1CLES 1~'H NQ. 2UU7~ 19U
whin ~~ 4l~nt~U1~ $ 15~4.SU ~'ou ma have a~7 interest that cif ~ of Carrollton
rn~. uest ~ni1a ~~ 371 mi1G5 a; ~ 1.00 mile puts both s}-st~ins on t1~~ lnterce tors
Total of C. Unpublishdd Options: S 2,07.00
D. Contract pttice Ad j ustment:
E- aeoirrer~ Charges: S 37.00
F. rl'otal of A * B + C + Il + E - S 22,$7b.U0
~. Quantity Ordered ~ x F ® ~ X05,854.00
^uurrrr~iri.rrrr-i
~.
~~
1'. Nan-Equip Charges c~ Credits
Z8 ~J~d ~NO~ ~11~~~J4~~~ 6~5Z6Zti~Z8 ~Z tie ~0~~;~'6Zr~Z~
EXHIBIT 2
BASE PRICE X19,675.00
2008 Ford Crown Victoria Police Interceptor P-71
4 Door Sedan Vibrant white/Charcoal Gray Interior
Options not included in Base Price:
Order
Description Code Price
License plate bracket, front Standard No Charge
Moldings, color keyed bodyside, front installed Code 96A $ 28.00
Audio AM/FM radio Standard No Charge
Decklid release Code 61 H $ 25.00
Lamp, courtesy disable Code 478 $ 10.00
Spot Light, driver side Code 51 A $156.00
Rear door locks/handles inop Code 67R $ 12.00
Roof wiring no hole in roof Code 65A $ 40.00
Trunk Pack Code 14T $185.00
windows rear power delete Code 948 $ 13.00
Horn, siren, wiring, prep Code 172 $ 65.00
Radio, 2 way pre wire Code 946 $ 27.00
Radio suppression package Code 53M $ 95.00
Cloth front buckets, vinyl rear Standard $ 0.00
Brakes, anti-lock system Standard $ 0.00
Floor covering, rubber Standard $ 0.00
Power windows Standard $ 0.00
EXHIBIT 2
2008 Ford Crown Victoria Police Interceptor P-71
Page 2
Wiring Conduit Code 117
Seat Side Airbags Code 59M
Front Push Bumper
Fire Panel
Haylon 911 System
Price Per Vehicle Including Options
Destination Charge
Total Price Per Vehicle
Go Rhino 503 8
$194.50
$ 260.00
$ 355.00
$595.00
$769.50
X22,505
$ 371.00
~ 22,876
Total Award X205,884
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF NINE POLICE SEDANS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (FILE 3946-INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH
TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT FORD INC. IN THE
AMOUNT OF $205,884.
WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited,
received and tabulated competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedure 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 Tarrant County Cooperative Purchasing programs at
less cost than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the
appropriation of funds to be used for the purchase of the materials, equipment, supplies or
services approved and accepted herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "File Number" listed hereon,
and on file in the office of the Purchasing Agent are hereby accepted and approved as
being the lowest responsible bids for such items:
FILE
NT IlV1RF,R VFNnnR AMnT 1NT
3946 Philpott Ford Inc. $205,884
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 Tarrant County 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 Tarrant County (Bid 2001-125), and the purchase orders
issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted
items wish to enter into a formal written agreement as a result of the City's ratification of
bids awarded by the Tarrant County, 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 Tarrant County, 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 numbered items set
forth, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approval purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
3-ORD-FILE 3946
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Frank Payne, P.E. 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of Shady Oaks and Brinker Paving and Drainage Improvements;
providing for the expenditure of funds therefor; and providing an effective date (Bid 3 897-Shady
Oaks and Brinker Paving and Drainage Improvements awarded to JRJ Paving, L.P. in the
amount of $2,884,059.98).
BID INFORMATION
The Shady Oaks Drive and Brinker Road projects were approved as part of the 2005 Blue
Ribbon Bond election package. The purpose of the Shady Oaks Drive project was to provide
access between existing Shady Oaks Drive extending east from Woodrow Lane to Loop 288 at
Morse Street. The purpose of the Brinker Road project was to extend existing Brinker Road
north from its intersection with Spencer Road to tie in with the new section of Shady Oaks Drive.
The Brinker Road project was also intended to provide some relief for traffic along Loop 288
during the construction of that project. Although these two roadways were approved as separate
projects in the bond election, for the purposes of design and bidding they were treated as a single
job. Refer to Exhibit 1 for proj ect location.
The City received bids on the referenced project on October 11, 2007. There were a total often
bidders for the project; although, one bidder submitted an incomplete bid and was therefore
determined to benon-responsive. The bids were structured in three basic bid configurations: All
of Shady Oaks and Brinker, Shady Oaks by itself, and Shady Oaks and Brinker extended south to
the north property line of American Legion Post No. 71. Affordability and budget limitations
were the only reasons for structuring the bids in this manner. In addition to the three base bid
options, there were three alternative bid items received: (1) Signal at the intersection of Spencer
Road and Brinker Road; (2) Signal at the intersection of Shady Oaks Drive and Brinker Road;
and (3) 48" steel casing at the intersection of Shady Oaks Drive and Brinker Road.
1. The low bid for the first bid option listed (all of Shady Oaks and Brinker plus all three
alternative bids) came in at $4,514,268.13 for asphalt paving and $4,677,949.68 for
concrete paving. Adding in the engineering costs, cost to lower the gas lines through the
American Legion property to accommodate the road profile, inspections, and testing
results in a total projected cost of the project of approximately $6,000,000, which is just
within the funding available for the project. Right-of way (ROW) costs across the
American Legion property are not included in the total listed.
Agenda Information Sheet
January 8, 2008
Page 2
BID INFORMATION (CONTINUED)
2. The low bid for the second bid option listed (Shady Oaks alone plus the casing pipe at the
intersection with Brinker Road) came in at $2,884,059.98 for asphalt paving and
$3,087,551.30 for concrete paving. Adding in the engineering costs, inspections, and
testing results in a total projected cost of the project of approximately $3,700,000 to
$3,900,000, which is within the funding available for the project.
3. The low bid for the third bid option listed (Shady Oaks plus Brinker down to the north
property line of the American Legion plus the casing pipe at the intersection with Brinker
Road) came in at $3,544,753.22 for asphalt paving and $3,696,697 for concrete paving.
Adding in the engineering costs, inspections, and testing results in a total projected cost
of the project of approximately $4,200,000 to $4,400,000, which is also within the
funding available to the project.
City staff has been unable to come to terms with the American Legion on the value of the ROW
across their property. An initial offer for the ROW was forwarded to the Legion at $346,650.
The City received the appraisal for the American Legion Post No. 71 property in a letter from
Jerry Romine dated June 5, 2007. The letter stated that the purchase of the ROW and temporary
easement should be more in line with the appraised value ($500,644) than the offer tendered by
the City. In light of budgetary concerns for the project, the City elected to proceed with design
and bidding of the proj ect prior to responding to the letter from Mr. Romine.
The cost to lower the two gas lines across the ROW for Brinker Road has been quoted at
approximately $438,000. The signal at Brinker Road and Spencer Road was bid at
approximately $200,000 depending on which bid is awarded. The roadway costs for this section
of the project as bid can be shown to be the difference between the total project costs for the first
and third options bid, or $1,600,000. These items total $2,238,000. The appraisal submitted
from the American Legion showed an approximately $500,000 improvement to the value of the
property by the construction of this roadway. All of these items translate to tangible
improvements to the property in question. Along with the very real benefit the Legion will
realize by the construction of Brinker Road, the costs to develop this property (at a minimum
depending on use and traffic impacts the roadway component alone would include the
construction of half the secondary arterial, a share in the signal at Spencer and the entire costs to
relocate the gas line) are significantly decreased. In addition, a developer will expend funds for
engineering, inspection and other project costs that will be absorbed by the City if the Brinker
Road portion of the proj ect moved forward under the current bids.
In light of this information and the fact that the entire ROW for the rest of Brinker Road has been
donated outright or by plat, City staff sent a letter dated November 20, 2007 to the Legion asking
them to consider the donation of the ROW for Brinker Road across the Legion property. The
letter stated that without this consideration on the part of the American Legion, the City may
well have to proceed with the construction of the project at a reduced scope. The letter also
stated the opinion that the positive impacts to the marketability and eventual development of the
Legion's property far outweighed the income that could be derived from the ROW needed for
Brinker Road. Staff met with representatives from American Legion Post No. 71 to discuss this
Agenda Information Sheet
January 8, 2008
Page 3
BID INFORMATION (CONTINUED)
letter and the bids received on December 4, 2007. At that meeting, staff was advised that the
Legion had no intention of developing the property or selling it for the purposes of development,
that the Legion would not consider the donation of ROW for the project, and that the amount
they wanted from the City in exchange for the ROW was now $800,000.
nPT1nN~
1. Award Bid Option No. 1 (all of Shady Oaks and Brinker) with either asphalt or concrete
paving and allocate additional funds to reimburse American Legion Post No. 71 for ROW
across their property.
2. Award Bid Option No. 2 (Shady Oaks only) with either asphalt or concrete paving.
3. Award Bid Option No. 3 (Shady Oaks and a portion of Brinker) with either asphalt or
concrete paving.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 18, 2006 -City Council Consent Agenda
November 6, 2007 -City Council Closed Meeting
December 4, 2007 -City Council Closed Meeting
RECOMMENDATION
The Bid Tabulation Report is attached as Exhibit 2. The ROW reimbursement for Brinker Road
requested by the American Legion exceeds the amount of the appraisal prepared for their use and
would cause total project costs to eclipse the amount of funding that the City has been able to
garner from bond sales and other sources for this project. The earliest that Brinker Road would
be able to be constructed is the spring of 2009, which essentially makes it ineffective as a
reliever route for Loop 288 construction (projected to end in mid to late 2009). For these
reasons, staff recommends bid award to the low bidder, JRJ Paving, L.P. in the amount of
$2,884,059.98 for Bid Option No. 2 plus Alternative Bid No. 3 (48" steel casing pipe). JRJ
Paving, L.P. meets all requirements for the qualified low bidder for this project.
PRINCIPAL PLACE OF BUSINESS
JRJ Paving, L.P.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
It is anticipated that the construction of the Shady Oaks project alone can be completed by late
2008.
Agenda Information Sheet
January 8, 2008
Page 4
FISCAL INFORMATION
Funding for this project will come from the following accounts:
350150446.1360.40100 $1,500,000.00
350150444.1360.40100 $ 800,000.00
350150447.1360.40100 $ 321,111.31
350150453.1360.40100 $ 262,948.67
$2,884,059.98
EXHIBITS
1. Project Location Map
2. Bid Tabulation Report
Respectfully submitted:
cam.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3897
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF SHADY OAKS AND BRINKER PAVING AND
DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3 897-SHADY OAKS AND
BRINKER PAVING AND DRAINAGE IMPROVEMENTS AWARDED TO JRJ PAVING, L.P. IN
THE AMOUNT OF $2,884,059.98).
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
3897 JRJ Paving, L.P. $2,884,059.98
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
,2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-3897
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
~T 1R.TECT
Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement (ICA) in the
amount of $3,304,057.98 between the City of Denton and Denton County for the construction of
Shady Oaks Drive and Brinker Road, authorizing the City Manager or his designee to execute
said Agreement on behalf of the City of Denton; and declaring an effective date.
BACKGROUND
The Shady Oaks Drive and Brinker Road projects were approved as part of the 2005 Blue
Ribbon Bond election package. The purpose of the Shady Oaks Drive project was to provide
access between existing Shady Oaks Drive extending east from Woodrow Lane to Loop 288 at
Morse Street. The purpose of the Brinker Road project was to extend existing Brinker Road
north from its intersection with Spencer Road to tie in with the new section of Shady Oaks Drive.
The Brinker Road project was also intended to provide some relief for traffic along Loop 288
during the construction of that project. Although these two roadways were approved as separate
projects in the bond election, for the purposes of design and bidding they were treated as a single
job. Refer to Exhibit 1 for proj ect location.
Staff has recommended bid award to the low bidder, JRJ Paving, L.P. in the amount of
$2,884,059.98 for Bid Option No. 2 plus Alternative Bid No. 3 (48" steel casing pipe) for the
Shady Oaks and Brinker Paving and Drainage Improvements project. Engineering consulting
costs are projected to total $419,998.00 for the project for a total cost of design and construction
of $3,304,057.98. This amount is not reflective of total project costs (does not include internal
costs, testing or inspections) but was used as a subtotal for generation of the ICA.
Denton County's share of the project through the Interlocal agreement is set at $800,000.
OPTTON~
1. Approve the Interlocal cooperation agreement with Denton County.
2. Rej ect the Interlocal cooperation agreement with Denton County.
RECOMMENDATION
Staff recommends approval of the ICA with Denton County in the amount of $3,304,057.98.
The amount to be made available from Denton County will be $800,000, with the City's share
identified as being $2,504,057.98.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
Denton County has identified a total of $800,000 from the Transportation Road Improvement
Program - 2004 (TRIP-04) funding available for the City's use. The City's portion of the
funding for this project will be drawn from bond funds previously approved for these projects.
BID INFORMATION
Not applicable.
EXHIBITS
1. Location Map
2. Interlocal Cooperative Agreement
3. Ordinance
Respectfully submitted,
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Shady Oaks Drive and Brinker Road N
Exhibit 1 -
Location Map
S~a~e: i"_200~~
TIC STATE OF TEXAS )
COUNTY OF DENTON )
~avT~~LO~L ~~T~o~ ~~~~~T
~T~~y ~ ~~ ~~~T~~ ~
.~ ~~~r~n~~ o~, T~~
TES AR~E~T is made and entexed by and betv~een Benton Jaunty, Texas,
~. pafltlcal subd~v~slan of ~ state of Texas, hereina~er referred to as "the bounty," and
~e lty of Ue~ta, Texas, a politlcal subdivision located v~thin Senn ~~unty, Texas,
duly organized and authora~ed under the laves of the State of Texas, hereinar referred to
as "the ~xty."
~T~TH that the County and the pity propose to construct Shady yaks
Drive from. its current ter~us east of aodrov~ Lane east to Loop ~S8 and 1rer
Road from spencer Road to proposed Shady Oafs Drive, each as a 4 lane divided urban
raaday on . new aiig~nrnent Within the city limits of Denton, Texas, hereina~er referred
to a `the o~ ect", and
BRAS, the County is a duly orgazed and political subdivision of the Mate
of Texas engaged in a administration of ~a,ty government aid related services far the
benefit of the citizens of Denton Jaunty, ~`exas; and
AREAS, the pity is a duly organized political subdivision in Denton bounty,
Texas, engaged in the administration of city governn~,ent and related services for the
benefit of the citizens of the area seised by the pity; and
AREAS, the County anal the; City mutually desire to be suh~ect to the
provisions of Chapter ? ofthe Texas Cavernment Code, the ~.iterlocal Cooperation Act;
which provides authorization for any local ~governtnent to contract v~ith one or ruare local
it ~ ~~#€~~ ~, Page ~
Exhibit 2
gavermnents to perfarm gaverntnentalfunctions and services under the terns of the Act
and
wI~EREAS, the Jaunty included Brinker Road in its Transportation Road
Improvement Program ~ 2U04; and
wI~REAS, the pity included Shady Daks Drive and Brinker Road in its
capital In~prove~nent Program, .
New, TI~REF~RE, the bounty anal the City, for the mutual consideratian hereinafter
stated, agree and understand as (allows:
~I.
This Agreement becames effective v~hen signed by the last P~ whose sign~.ng
mares the respective agreement fully executed. This Agreement may be terminated at any
time by either party i.g ~ ~~ 0} days ;advance native in Writing to the other party. .
II.
The County and the pity hereby agree that the scope of the Bro~ect shall be limited
to engineering, right-of-gray aaquYSition and co~nst~uci~on of shady yak give an a new
alignment a a four lane divided roadway from its cuxrent terminus east of waodrow
Dane east to Laap X88 and Brinker Road on a new a~gn~nent as a four lane divided
roadway from Spencer Road to Shady ~s Drive. The pra~ect's total cost is currently
estimated to be FDUR HC~NDID NINETEEN TH~UAND NIl~E I~I.INDID AND
NINETY E~HT AND N~I1 ~~ D~I~~,ARS {$419,998.~a} for engineering and T'0
LIDN E~HT I~tJNDRED EICr~TY FOUR T~IOUAND AND FIFTH NIl AND
~S1Iaa DOLLAR ~~,~54,~59.~8~ for copstructian far a total estimated cost of THREE
~I~N '~E NDRED AND FOUR THOUSAND AND FIFTY SEVEN AND
9Sltaa DOLLARS ~$~,~a4,057,98~ for canstruc~an and consulting engineering services.
},III.
The bounty agrees to contribute an amount of EICT HUNDRED TH~I~AND
AND Nell ~~ DOLLARS ~~~a4,aaa.~~~ towards the conrpletion of the ~ro~ect franc the
Transparta~ion Road Improvement pragra~n ~- X004 funds far the Brinker Road Pray ect.
~~; ~D~to ~ P~g~ 2
As the City proceeds with the completion of the Project, it shall submit invoices for wodc
performed on the Project to the County in Gaze of the County Auditor, on a monthly basis
and the County shall reimburse the City for all expenses related to the Project within .
thirty (30) days of receipt of invoices.
IV.
The City agrees to contribute from its Capital Improvement Program, an amount
of TWO MILLION FIVE HUNDRED AND FOUR THOUSAND AND FIFTY SEVEN
AND 98/100 DOLLARS ($2,504,057.98) 4owazds the design and construction ofproject
V.
The City will oversee the right-of-way acquisition, design and construction of the
Project
VI.
This Agreement may be terminated in whole or in part by the County or the City upon
thirty (30) days written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this agreement through no fault of the
terminating party. No such termination may be affected unless the defaulting party is
given (1) written notice delivered via certified mail, return receipt requested, of intent to
terminate, setting forth the substantial failure to perform and (2) not less than thirty (30)
calendaz days to cure the failure; and (3) an opportunity for consultation with the
_ terminating party prior to termination. Notices shall be directed as follows:
For City: Mayor Perry McNeill '
City of Denton
215 E. McKinney Street
Denton, Texas 76201
interlocat Cooperation AgeeemenC
Cil)~ Of Denton Page 3
Copy To: George C. Campbell, ~ Manager
City of Denton
215 ~. N~cinney Street -
Dentan, Texas 7~2~1 ~~
~'or County: ~Tanorable ll~a~y horn ~.
Denton County Judge -
11 D west I~ickory
De~.to~., '~e~as 7~2~1 -
- Copy'~o: Denton Caunty Criminal District Attorney's ice
Civil Division
F,~. Box 2S5o
Denton 'pexa 7201 -
:.
The City understands and agreesthat the City its employees, servants, agents
andlar representatives shall at no time represent themselves ~ be employees, servants,
agent andlar representatives of the County.
Vim.
The County understands and agrees that the County, its employees, servants,
agents andlor representatives shall at na ~ time represent themselves to be employees,
ser~rants, agent andlar representatives of the City,
't`he . Cou~.ty agrees to and accepts full responsibility for fhe acts, negligence;
andlor oxnisions of alX County empla~ees, agents, subcontractors andlar cantract
laborers and for those of ail other persons doing orb under a contract or agreement with
the County.
~~~~~~ ~ D~~~~c Page 4
• ~.
The City agrees to and accepts full responsibility for the acts, negligence, andlor
vmissians of a~ City employee~~ agents, subcon~ractors~ andlor antract ~a~orers and for
thane of all other persons doing work under a eontra~t or agreement with the City.
~.
This agreement is nat intended to ~ extend the liability of the parties beyond that
provided by 1a. Neither the County nar the City wives, nor shad be deemed hereby to
'aivex any immunity ar defense that ouid otherwise be available to it against claims
made by third patties.
~I.
This agreement repxesents the entire agreement betv~een the County and the City
and supersedes ail prior nego~a~ons, representations andlar agreements, either Witten ar
oral. This agreement nay be amended only by Witten instmment signed by the
averning bathes of bath the Jaunty and the. City or those authar,~ed to sign an behalf of
thane governing bodies.
The validity of this agreement and of any of its term ar provisions, as v~ell as the
rights and duties of the parties hereto, shaX~ be governed by the tames of the State of Texas,
~ur~her, this agreement shall be performable in Denton County, Texas.
~V.
In the event that and pardon of this agreement shall be found to be contrary to
la~~r, 7t is the intent of the parties hereto that the remaining portions shah remain valid and
ba fill farce and effect to the extent possible.
~t~~~~,~ ~~e~a~~~~~ ~~~~~~
~~~ ~ ~~~~~ Page
~~.
The undersigned over andlor agents of the parties hereto are the properly.
authorised oicia~s and have the necessary authority to execute this agreement an behalf
of the parties hereto, and each party hereby certifies to the other that any necessary
resolr~tions extending said authority have been duly passed and are nom in fall farce and
effect,
~I.
pursuant to ectian '~~~.4I 1 ~f the Teas overnment Cade tha parties hereto
agree that the purpose of this Agreement ~~ to ensure that certain ovennnental functions
and ser~.ces in the area of streets, roads and d.inage are performed The parties hereto
furthex agree that each of them is authari~ed to perform the functions and services
~adividua~ly.
~4
This Agreement is not intended to:: extend the liability of the pae band that
prav~ided by lam. ~elther the County nor the City V~Ta].ves, nor shall be deemed hereby to
have waived, any qty or defense that ou~d otherse be available to 1t against
Clams ansmg by third parties.
EXECUTED ]n duplicate ar~gina~s th1s, the day of
~~~~.
~~ ~ ~
Denton County, Texas City of Denton
1 l~ west ickary ~~ ~ East N1c~inney
Denton, Texas, 7~~~ 1 ~ Denton, Texas 7G~0 ~
~~,
I~onarable 1Vlary darn.
Denton County Judge
1y;
: ~ George ~. Campbell
City N.lanager far the
City of Denton
{
Acting an behalf and b the authority of the Acting on behalf and by the authority of the
Caminissio~er Court of Denton County, City of Denton, Denton County, Texas
Texas
i ~d • ~~ ~~~~~~ Pie G
tl ! ~~ 1 .
~~' --~--
Denton Couzzty Clerk
APPR~D A T~ ~'~R14I:
By:
Assistant District Attoey
~l 1~1.
~.
City ee~eta~y
APPR~~ED A '~~ FARM:
~y:
ity Attar~.ey
AITDIT~R' CERTIFICATE
I hereby certify funds wild be availbla Ia accan~pli~h and pay the abiigatior~ of
Denter~ Jaunty, Texas under this Agreement.
James e11s, Dentin County Auditor
CITE' CERTIFICATE
I hereby certify funds ill be avai~ab~e to acco~.plrs and pay the ob ' Lion of the
City of De~.ton, Denton. bounty, Texas under this Afire ent.
BrYi.,~nglcy, I)~rtor o
In~erloca~ ooperatxon Agreement
z Of Denton Page 7
#`~.~~RV~ ~1' ~llL~~ ~~V~~l~l.~~.~I ~lJ~~1M .~ ~~~~
~'he ounty of Denton, acting ~~ and through the Jaunty omiasio~ers
Court, having been adsed of a project ~o construct shady yaks Drive on ~ n
alignment as a four lane divided roadway from its current terminus east of Woodrow
sane east to Loop X88 and ~~nker Road f~orrz spencer Road to had 0~ Drive a
- a 4 lane divided urban roadway on new alignment within the city Iimits of Denton,
herina~er referred to a~ the "Project" under an lnterlocal ontract, herein gives its
specific written approval of the project prior to beginning the pra~ect in sa~sfaction of
the requirements of V,'T..~.# Government Gode~ chapter 791, the Interlaca~
Cooperation Act, Section 791.a 14.
'the description of the type of project to be undertaken and its location are as
follows: Shady yaks Drive fra~n its existing terminus east to Leap 2SS and drinker
Road from Spencer Raad to Shady Gaks Drive as a 4 lane divided urban roadway on
new alignment within ~.e city limits of Denton.
- -- ~`he local government which requested the pra~ect and with which the County
of Denton has contracted is the City of "Denta~'}. -
By vote an this date, the Conamissionrs Court has approved the project
identified above and authorized execu~.an, of this document by the presiding ofricer
on behalf of Denton County} ~'exas.
~.
Presiding G#cer of the Denton County
commissioners Court
~"~~;~ ~~~~~~~ Page
The City of "~enton", act~.ng by anal through ~e City Council, having been
advised of a project to construct shady yaks Drfvc an a new alignx~ent as a four bane
divided roadway from its current term~.us east of 'aodrav~ Lane east to ~ ~~S S
and Brinker Road from spencer Road to Shady ~~ Driive as ~ 41ane divided urban
road~ray on n~ alignment v~ithin the c~ty.:li,ts of Denton, hereinaer referred to as
the "Prod ect", under an ~nterlocal Contract, herein gives its specific Witten approval
of the project prior to begir~g the prof ect ~ satisfaction of the requirements of
.T.C.A~, overn~nent Code, Chapter 7~, the Interlocal Cooperation Act, ectron
79~.a14.
The descrip~on of the ~ of pra j ect to be undertaken and its laca~an are ~
follov~s: shady yaks Drive from its existing terminus east to soap X88 and Brinker
Road from spencer Road to Shady yaks Drive as a 4 lane divided urban roadvray on
ne~v a}~gn~nnt within the city limits of Denton, hereina~er referred to as the
"PrO~ect",
'The local gavern~ent which requested the project and. with which tho City of
"Denton" has contracted is the County of Denton.
By vote on this date, the City Council hay approved the project ~dent[ed
above and authorised execution of this document by the presiding officer an behalf of
the City of "Denton", Texas.
~y.
.
Presiding Officer of the City of "T]enton."
nte~~1 ~~~~~~~~i~~~ ~~~~~t
~' ~ ~~~ Page 9
s:lo~r docu~nentsl~rdinances1~81i~a-Benton county-shady oaks ~rive.doc
~~DINANE N~.
AN ~DINANE OF THE CITY ~F DENTIN, TEA APPI~INC~ AN INTERL~~AI~
C~~PERATIN AREEII~ENT IN THE AMOUNT ~F $,~4,a57,~S BETWEEN THE CITY
~F DENTON, TEAS AND DENTIN ~NTY, TEAS FAR THE DNST~U~T~~N ~F
SHADY ~A~S DBE AND BRIER READ; A~JTH~RI~IN THE QTY MANAGER. ~R
HIS DEINEE T~ E~E~UTE SAID AGREEMENT ~N BEHALF ~F THE CITY OF
DENTIN; AND PR~V~DrNC~ AN EFFETI~TE DATE,
TIDE ~~UNIL ~F THE CITY ~F DENTON HEREBY ~I~DA~NS
SETI~N 1, The pity ounci~ hereby approves an Inter~ocal cooperation Agreement
betv~een the City of Denton, Texas and the Denton bounty, Texas far the construction of Shady
yaks Dave, extending east from oodra~ Sane to Loop ~~S at Morse Street; and extending
Brinker Road earth frar~ its intersection with spencer Road to tie in v~rith the near section of
Shady ~a~s Drive, substantia~~y in accardance~ with the rnterlacal oaperation Agreement v~hich
i attached hereto and incorporated herein by reference the "Agreement"}. The pity l~Ianager,
or hip designee, is authorized to execute the Agreement on behaff of the pity. The pity iVlanager,
or his designee, is antharized to carry vut the pity's rights and duties under the Agreement, Any
prior actions of the pity taken pr~rsuant to the Agreement are hereby ratified.
SECTION ~. The pity council finds that the Agreement v~i~l benefit the pity of Denton
and is in the public interest.
SETI~N ~. This ordinance shall become effective ~nledlately upon Its passage and
approval.
PASSED AND APPROVED this the day of __„_~ ~OO~,
PEIY R. McNEILL, MAYDR
.ATTEST:
JENNIFER 'ALTER, CITY SECRETARY
By:
APPROVED A T~ LEAS, FORM:
EDWIN 1VI. NYDER, OITY ATTORNEY
f ..
By:
Exhibit 3
TIC STATE OF TEXAS )
COUNTY OF DENTON )
~avT~RLO ~~T~o~ ~~~~~T
~T~~y ~ ~~ ~~~T~~ ~
.~ ~~~r~n~~ o~, T~~
TES AR~E~T in made and entexed by and betv~een Benton Jaunty, Texas,
~. pafltlcal subd~v~slan of ~ state of Texan, hereina~er referred to as "the bounty," and
~e lty of Ue~ta, Texas, a political subiv~s~on located v~thin Senn ~~unty, Texas,
duly organized and authora~ed under the laves of the State of Texas, hereinar referred to
as "the ~xty."
~T~TH that the County and the qty propane to construct Shady yaks
Drive from. its current ter~u cant of aodrov~ Lane giant to Loop ~S8 and 1rer
Road from fencer Road to profaned Shady Oafs Drive, each as a 4 lane divided urban
raaday on . new aiig~nrnent Within the city limits of Denton, T`exa, hereina~er referred
to a `the o~ ect", and
BRAS, the County is a duly orgazed and political nubdivinian of the Mate
of Texas engaged in a administration of ~a,ty government aid related services far the
benefit of the citizens of Denton Jaunty, ~`exas; and
AREAS, the pity in a duly organized political subdivision in Denton bounty,
Texas, engaged in the administration of city governn~,ent and related services for the
benefit of the citizens of the area seised by the pity; and
AREAS, the County anal the; City mutually desire to be suh~ect to the
provisions of Chapter ? ofthe Texas Cavernment Code, the ~.iterlocal Cooperation Act;
which provides authorization for any local ~governtnent to contract v~ith one or ruare local
it ~ ~~#€~~ ~, Page ~
gavermnents to perform gaverntnentalfunctions and services under the terns of the Act
and
wI~EREAS, the Jaunty included Brinker Road in its Transportation Road
Improvement Program ~ 2U04; and
wI~REAS, the pity included Shady Daks Drive and Brinker Road in its
capital In~prove~nent Program, .
New, TI~REF~RE, the bounty anal the City, for the mutual consideration hereinafter
stated, agree and understand as follows:
~I.
This Agreement becomes effective v~hen signed by the last P~ whose sign~.ng
mares the respective agreement fully executed. This Agreement may be terminated at any
time by either party i.g ~ ~~ 0} days ;advance native in Writing to the other party. .
II.
The County and the pity hereby agree that the scope of the Bro~ect shall be limited
to engineering, right-of-gray aaquYSition and co~nst~uci~on of shady yak give an a new
alignment a a four lane divided roadway from its cuxrent terminus east of waodrow
Dane east to Laap X88 and Brinker Road on a new a~gn~nent as a four lane divided
roadway from Spencer Road to Shady ~s Drive. The pra~ect's total cost is currently
estimated to be FDUR HC~NDID NINETEEN TH~UAND NIl~E I~I.INDID AND
NINETY E~HT AND N~I1 ~~ D~I~~,ARS {$419,998.~a} for engineering and T'0
LIDN E~HT I~tJNDRED EICr~TY FOUR T~IOUAND AND FIFTH NIl AND
~S1Iaa DOLLAR ~~,~54,~59.~8~ for copstructian far a total estimated cost of THREE
~I~N '~E NDRED AND FOUR THOUSAND AND FIFTY SEVEN AND
9Sltaa DOLLARS ~$~,~a4,057,98~ for canstruc~an and consulting engineering services.
},III.
The bounty agrees to contribute an amount of EICT HUNDRED TH~I~AND
AND Nell ~~ DOLLARS ~~~a4,aaa.~~~ towards the conrpletion of the ~ro~ect franc the
Transparta~ion Road Improvement pragra~n ~- X004 funds far the Brinker Road Pray ect.
~~; ~D~to ~ P~g~ 2
As the City proceeds with the completion of the Project, it shall submit invoices for wodc
performed on the Project to the County in caze of the County Auditor, on a monthly basis
and the County shall reimburse the City for all expenses related to the Project within
thirty (30) days of receipt of invoices.
Iv.
The City agrees to contribute from its Capital Improvement Program, an amount
of TWO M1I.LION FIVE HUNDRED AND FOUR THOUSAND AND FIFTY SEVEN
AND 98/100 DOLLARS ($2,504,057.98) 4owards the design and construction of project
V.
The City will oversee the right-of-~vay acquisition, design and constntction of the
Project
VI.
This Agreement may be terminated in whole or in part by the County or the City upon
thirty (30) days written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this agreement through no fault of the
terminating' party. No such tenaination may be affected unless the defaulting party is
given (1) written notice delivered via certified mail, return receipt requested, of intent to
terminate, setting forth the substantial failure to perform and (2) not less than thirty (30)
calendaz days to cure the failure; and (3) an opportunity for consultation with the
iPrminaYirtY patty prior to termination. Notices shall be directed as follows:
For City: Mayor Perry McNeill
City of Denton
215 E. McKinney Street
Denton, Texas 76201
intedocal Cooperation Agreement
t'.ity Of Denton Page 3
Copy To: George C. Campbell, ~ Manager
City of Denton
215 ~. N~cinney Street -
Dentan, Texas 7~2~1 ~~
~'or County: ~Tanorable ll~a~y horn ~.
Denton County Judge -
11 D west I~ickory
De~.to~., '~e~as 7~2~1 -
- Copy'~o: Denton Caunty Criminal District Attorney's ice
Civil Division
F,~. Box 2S5o
Denton 'pexa 7201 -
:.
The City understands and agreesthat the City its employees, servants, agents
andlar representatives shall at no time represent themselves ~ be employees, servants,
agent andlar representatives of the County.
Vim.
The County understands and agrees that the County, its employees, servants,
agents andlor representatives shall at na ~ time represent themselves to be employees,
ser~rants, agent andlar representatives of the City,
't`he . Cou~.ty agrees to and accepts full responsibility for fhe acts, negligence;
andlor oxnisions of alX County empla~ees, agents, subcontractors andlar cantract
laborers and for those of ail other persons doing orb under a contract or agreement with
the County.
~~~~~~ ~ D~~~~c Page 4
• ~.
The City agrees to and accepts full responsibility for the acts, negligence, andlor
vmissians of a~ City employee~~ agents, subcon~ractors~ andlor antract ~a~orers and for
thane of all other persons doing work under a eontra~t or agreement with the City.
~.
This agreement is nat intended to ~ extend the liability of the parties beyond that
provided by 1a. Neither the County nar the City wives, nor shad be deemed hereby to
'aivex any immunity ar defense that ouid otherwise be available to it against claims
made by third patties.
~I.
This agreement repxesents the entire agreement betv~een the County and the City
and supersedes ail prior nego~a~ons, representations andlar agreements, either Witten ar
oral. This agreement nay be amended only by Witten instmment signed by the
averning bathes of bath the Jaunty and the. City or those authar,~ed to sign an behalf of
thane governing bodies.
The validity of this agreement and of any of its term ar provisions, as v~ell as the
rights and duties of the parties hereto, shaX~ be governed by the tames of the State of Texas,
~ur~her, this agreement shall be performable in Denton County, Texas.
~V.
In the event that and pardon of this agreement shall be found to be contrary to
la~~r, 7t is the intent of the parties hereto that the remaining portions shah remain valid and
ba fill farce and effect to the extent possible.
~t~~~~,~ ~~e~a~~~~~ ~~~~~~
~~~ ~ ~~~~~ Page
~~.
The undersigned over andlor agents of the parties hereto are the properly.
authorised oicia~s and have the necessary authority to execute this agreement an behalf
of the parties hereto, and each party hereby certifies to the other that any necessary
resolr~tions extending said authority have been duly passed and are nom in fall farce and
effect,
~I.
pursuant to ectian '~~~.4I 1 ~f the Teas overnment Cade tha parties hereto
agree that the purpose of this Agreement ~~ to ensure that certain ovennnental functions
and ser~.ces in the area of streets, roads and d.inage are performed The parties hereto
furthex agree that each of them is authari~ed to perform the functions and services
~adividua~ly.
~4
This Agreement is not intended to:: extend the liability of the pae band that
prav~ided by lam. ~elther the County nor the City V~Ta].ves, nor shall be deemed hereby to
have waived, any qty or defense that ou~d otherse be available to 1t against
Clams ansmg by third parties.
EXECUTED ]n duplicate ar~gina~s th1s, the day of
~~~~.
~~ ~ ~
Denton County, Texas City of Denton
1 l~ west ickary ~~ ~ East N1c~inney
Denton, Texas, 7~~~ 1 ~ Denton, Texas 7G~0 ~
~~,
I~onarable 1Vlary darn.
Denton County Judge
1y;
: ~ George ~. Campbell
City N.lanager far the
City of Denton
{
Acting an behalf and b the authority of the Acting on behalf and by the authority of the
Caminissio~er Court of Denton County, City of Denton, Denton County, Texas
Texas
i ~d • ~~ ~~~~~~ Pie G
tl ! ~~ 1 .
~~' --~--
Denton Couzzty Clerk
APPR~D A T~ ~'~R14I:
By:
Assistant District Attoey
~l 1~1.
~.
City ee~eta~y
APPR~~ED A '~~ FARM:
~y:
ity Attar~.ey
AITDIT~R' CERTIFICATE
I hereby certify funds wild be availbla Ia accan~pli~h and pay the abiigatior~ of
Denter~ Jaunty, Texas under this Agreement.
James e11s, Dentin County Auditor
CITE' CERTIFICATE
I hereby certify funds ill be avai~ab~e to acco~.plrs and pay the ob ' Lion of the
City of De~.ton, Denton. bounty, Texas under this Afire ent.
BrYi.,~nglcy, I)~rtor o
In~erloca~ ooperatxon Agreement
z Of Denton Page 7
#`~.~~RV~ ~1' ~llL~~ ~~V~~l~l.~~.~I ~lJ~~1M .~ ~~~~
~'he ounty of Denton, acting ~~ and through the Jaunty omiasio~ers
Court, having been adsed of a project ~o construct shady yaks Drive on ~ n
alignment as a four lane divided roadway from its current terminus east of Woodrow
sane east to Loop X88 and ~~nker Road f~orrz spencer Road to had 0~ Drive a
- a 4 lane divided urban roadway on new alignment within the city Iimits of Denton,
herina~er referred to a~ the "Project" under an lnterlocal ontract, herein gives its
specific written approval of the project prior to beginning the pra~ect in sa~sfaction of
the requirements of V,'T..~.# Government Gode~ chapter 791, the Interlaca~
Cooperation Act, Section 791.a 14.
'the description of the type of project to be undertaken and its location are as
follows: Shady yaks Drive fra~n its existing terminus east to Leap 2SS and drinker
Road from Spencer Raad to Shady Gaks Drive as a 4 lane divided urban roadway on
new alignment within ~.e city limits of Denton.
- -- ~`he local government which requested the pra~ect and with which the County
of Denton has contracted is the City of "Denta~'}. -
By vote an this date, the Conamissionrs Court has approved the project
identified above and authorized execu~.an, of this document by the presiding ofricer
on behalf of Denton County} ~'exas.
~.
Presiding G#cer of the Denton County
commissioners Court
~"~~;~ ~~~~~~~ Page
The City of "~enton", act~.ng by anal through ~e City Council, having been
advised of a project to construct shady yaks Drfvc an a new alignx~ent as a four bane
divided roadway from its current term~.us east of 'aodrav~ Lane east to ~ ~~S S
and Brinker Road from spencer Road to Shady ~~ Driive as ~ 41ane divided urban
road~ray on n~ alignment v~ithin the c~ty.:li,ts of Denton, hereinaer referred to as
the "Prod ect", under an ~nterlocal Contract, herein gives its specific Witten approval
of the project prior to begir~g the prof ect ~ satisfaction of the requirements of
.T.C.A~, overn~nent Code, Chapter 7~, the Interlocal Cooperation Act, ectron
79~.a14.
The descrip~on of the ~ of pra j ect to be undertaken and its laca~an are ~
follov~s: shady yaks Drive from its existing terminus east to soap X88 and Brinker
Road from spencer Road to Shady yaks Drive as a 4 lane divided urban roadvray on
ne~v a}~gn~nnt within the city limits of Denton, hereina~er referred to as the
"PrO~ect",
'The local gavern~ent which requested the project and. with which tho City of
"Denton" has contracted is the County of Denton.
By vote on this date, the City Council hay approved the project ~dent[ed
above and authorised execution of this document by the presiding officer an behalf of
the City of "Denton", Texas.
~y.
.
Presiding Officer of the City of "T]enton."
nte~~1 ~~~~~~~~i~~~ ~~~~~t
~' ~ ~~~ Page 9
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Frank Payne, P.E. 349-8946
ACM: Jon Fortune
~TIR.TF,CT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of Western Boulevard Drainage Phase I; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3929-Western Boulevard
Drainage Phase I awarded to Ed Bell Construction in the amount of $4,699,337.85).
BID INFORMATION
The Western Boulevard project was approved as part of the 2005 Blue Ribbon Bond Election
package. This proj ect is intended to provide access between US Highway 3 80 south to FM 1515
(Airport Road). It is also intended to provide access for the Denton Municipal Airport when
Masch Branch Road is closed as a result of runway extensions (projected to occur in 2008).
Refer to Exhibit 1 for proj ect location.
The City received bids on the referenced project on December 13, 2007. There were a total of
five bidders for the project with bids ranging from a low of $4,699,337.85 to a high of
$5,769,975.25. The City's consulting engineer projected the probable cost at approximately
$5,100,000. The Bid Tabulation Report is attached as Exhibit 2. Staff recommends bid award to
the low bidder, Ed Bell Construction in the amount of $4,699,337.85. Ed Bell Construction
meets all requirements for qualified low bidder for this project.
RECOMMENDATION
Award Bid 3929 to Ed Bell Construction for the total bid amount of $4,699,337.85.
PRINCIPAL PLACE OF BUSINESS
Ed Bell Construction
Da11as, Texas
STAFF COST ESTIMATE
The engineer's estimate for this project was a range from $3.3 million to $5.5 million.
Agenda Information Sheet
January 8, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
It is anticipated that the construction of the Western Boulevard project alone can be completed
by late 2008.
FISCAL INFORMATION
Funding for this project will come from the following Western Boulevard accounts:
350009453.1360.40100 $3,205,551.44
350009447.1360.40100 $1,315,364.00
350009432.1360.40100 $ 178,422.41
$4,699,337.85
F,XHTRTT~
1. Project Location Map
2. Bid Tabulation Report
Respectfully submitted:
cam.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3929
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF WESTERN BOULEVARD DRAINAGE PHASE I;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3929-WESTERN BOULEVARD DRAINAGE PHASE I AWARDED TO
ED BELL CONSTRUCTION IN THE AMOUNT OF $4,699,337.85).
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
3929 Ed Bell Construction $4,699,337.85
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 ,2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-Bid 3929
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition maybe directed
to Emerson Vorel 349-8274
~TIR.TF,CT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a
Professional Services Agreement with the firm of Brown Reynolds Watford Architects, Inc. to
provide architectural design services for the City of Denton Senior Center; authorizing the
expenditure of funds therefore, and providing an effective date (File 3943 in an amount not to
exceed $145,000).
FILE INFORMATION
This professional service agreement is for the preparation of plans and documents for the
renovation and expansion of approximately 3000 square feet to the existing Denton Senior
Center located at 509 North Bell Ave. The services to be performed by the architect include:
building programming, schematic design, design development, construction documents, bidding
assistance, and construction administration.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council approved a professional service agreement with Brown, Reynolds Watford
Architects, Inc. on April 5, 2007 to perform a feasibility study on the existing Denton Senior
Center and determine future needs as the community grows. The study recommendations were
presented to Council on October 16, 2007.
RECOMMENDATION
Approve a professional service agreement with Brown Reynolds Watford Architects, Inc. in an
amount not to exceed $145,000.
PRINCIPAL PLACE OF BUSINESS
Brown Reynolds Watford Architects, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The design services will begin upon Council approval with an estimated completion date for the
entire proj ect of April 2009.
Agenda Information Sheet
January 8, 2008
Page 2
FISCAL INFORMATION
The design services will be funded from the following accounts:
400090451.1360.20100 $119,329.55
400090453.1360.20100 $ 25,670.45
$145,000.00
Requisition# 85221 has been entered in the purchasing software system.
EXHIBITS
Proposal from Brown Reynolds Watford Architects, Inc.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3943
EXHIBIT 1
BROWN REYNOLDS WATFORD _ n R c H i T E c T s, i N c.
3535 TRAVIS STREET
SUITE 250 LB-102
DALLAS, TEXAS 75204
214-528-8704
FAX 528-8707
www.brwarch,com
December 10, 2007
Mr. Robert Tickner
Superintendent of Parks Planning and Development
City of Denton Parks and Recreation Department
City Hall East
601 E. Hickory, Suite B
Denton, TX 76205
PROFESSIONAL SERVICES PROPOSAL FOR THE
DENTON SENIOR CENTER RENOVATION AND EXPANSION
Brown Reynolds Watford Architects are pleased to submit this professional services ro osal
. ~ pp
for architectural and engineering services for the renovation expansion of the Denton Senior
Center. The proj ect scope, our proposed team, scope of services, project schedule, and
compensation are described below.
PROJECT SCOPE
We understand the proj ect scope involves the interior renovation and an approximatel 3,000
. .. ., y
SF building addition as allowable within the budget to the existing Denton Senior Center that
is located at 509 N. Bell Avenue in Denton, Texas. Exterior site work will include minimal
grading, landscaping, and irrigation as required by the building expansion and landsca in
pg
ordinances. The City will renovate and expand the existing parking lot under se arate
p
contract.
PROJECT TEAM
Basic Services
• BRW Architects, Inc.
-Craig Reynolds, FAIR
- Gary DeVries, AIA, LEED AP
-Ray Holliday, AIA, ASLA, LI
• TMBP Consulting Engineers, Inc.
-Jerry Barnett, P.E.
-Joe Pitt
• B asharkhah Engineering, Inc.
- S am Basharkhah, P . E.
Architect of Record
Principal
Proj ect Manager
Project Landscape Architect
Structural and Civil En gin ePrc
Structural Principal
Civil Principal
Mechanical, Electrical, and Plumbing Engineers
Principal
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 2
SCOPE OF SERVICES
Basic Services
Basic Services shall include services for the disciplines shown below.
• Architectural
• .Civil Engineering, including grading, drainage, on-site utilities (excludes site paving)
• Structural Engineering
• Mechanical, Electrical, and Plumbing Engineering
• Landscape Architecture, including irrigation performance system specification
• Cost Estimating
Services shall commence with a Notice to Proceed and terminate thirty (30) days after the date
of Substantial Completion originally established in the construction contract.
Additional Services
Additional Services shall include the services shown below.
Topographic, Tree, Utility and Easement Survey (for the building addition area)
Geotechnical Investigation (for the building addition, unless the Owner provides the
previous building addition geotechnical investigation report)
City Provided Services
The City shall provide the services shown below as required to complete the project. The
Architect shall .coordinate Basic Services work with the City Provided Services.
• All required Zoning Modif cations, including S.U.P.s, P.D.s, plats, and variances
• Existing Building Asbestos Survey (required for building permit)
• Audio /Visual Systems (Architect shall provide electrical power and empty conduit as
directed by the City)
• Building Security System Modifications (Architect shall provide electrical power and
empty conduit as directed by the City)
• Telecommunications Equipment and Wiring Design, including voice, data, cable TV, fiber
optic cabling, wire management systems, and terminations (Architect shall rovide em t
p pY
junction boxes and electrical power as directed by the. City)
• Computer Equipment selection, procurement, and installation (Architect shall provide
electrical power and empty conduit as directed by the City)
• Texas Accessibility Standards Site Inspection (at completion of construction)
• Furniture, Fixturing and Equipment (FF&E) selection, procurement and installation
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 3
Excluded from Scope of Basic Services
The services shown below are not anticipated at this time, however, project requirements
identified during design may require them to be added.
• .Off Site Utility Engineering
• On-Site Storm Water Detention
• Site Environmental, Flood Plain or Archeological Issues
• Food Vending Consulting for Equipment Selection and Procurement
• Building Energy Modeling or Utility Cost Estimates
• Economic, Operations, or Business Planning
• Professional Models and Renderings
• Preparation or Assistance with Multiple Bid Packages
• Full-Time Construction Inspection
• Laboratory Testing /Inspections
• Mechanical Test and Balance
• Commissioning Services
• Community, Park Board or City Council Meetings or Presentations
SCOPE OF SERVICES BY PHASE
The scope of services shall include the following phases:
• Programming
• Schematic Design
• Design Development
• C®nstructl®n D®CUmentS
• Pricing and Contract Award
• Construction Administration
The scope of services for each phase is described below.
PROG~MING
Using BRW's Feasibility Study as a starting point, the Architect shall meet with various
owner groups to establish the desired Senior Center activities and subsequently create a Space
Program that shows the appropriate space requirements and room needs. During this phase,
the Architect shall also investigate applicable codes and zoning ordinances and establish
required accessibility modifications
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 4
Meetings and Deliverables
The Programming phase shall include two (2) working programming meetings to establish the
Space Program. Deliverables shall include three (3) copies of the Space Program for the
City's review and comment.
SCHEMATIC DESIGN
The Architect shall provide Schematic Design Documents based on the Space Program. The
documents shall establish the preliminary design illustrating the scale and relationship of the
components. The Schematic Design Documents shall include a preliminary site plan, building
plans, sections and elevations. Preliminary selections of major building systems and
construction materials shall be noted on the drawings or described in writin .burin the
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design process, the Architect shall work with the City's consultants under separate contract to
coordinate the scope of the project. At the com letion of Schematic Desi the Architect
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shall prepare a preliminary estimate of the Cost of the Work and update the proj ect schedule.
Meetings and Deliverables
The Schematic Design phase shall include two (2) design review meetings. Schematic Design
deliverables shall include three (3) full-size sets of documents for the City's review and
comment.
DESIGN DEVELOPMENT DOCUMENTS
The Architect shall provide Design Development Documents based on the Schematic Design
Documents, including any modifications required to align the proj ect scope and budget. The
Design Development Documents shall illustrate and describe the refinement of the design
establishing the scope, relationships, forms, size and appearance of the project by means of
plans, sections and elevations, typical construction details, and outlines ecifications. The
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Design Development Documents shall include in general the quality levels for major materials
and project systems.
During the design process, the Architect shall work with the City's consultants under separate
contract to coordinate the scope of the project. At the completion of Design Development, the
Architect shall update the preliminary estimate of the Cost of the Work and the project
schedule. The Architect shall advise the City of any chan es from revious estimates due to
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adjustments in the project scope, refinement of the estimate, or general market conditions. If
at any time the Architect's estimate of the Cost of the Work exceeds the City's budget, the
Architect shall make appropriate recommendations to the Cit to ad'ust the ro'ect's size
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quality or budget, and the City shall cooperate with the Architect in making such adjustments.
Meetings and Deliverables
The Design Development phase shall incll~rie one (1) design rev~e~~~ meeting, Desi~~
Development deliverables shall include three (3) full-size sets of documents for the City's
review and comment.
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 5
CONSTRUCTION DOCUMENTS
The Architect shall provide Construction Documents based on the Design Development
Documents, including any modifications required to align the project scope and budget. The
Construction Documents shall include Drawings and Specifications that establish in detail the
quality levels of materials and project systems required for construction.
During the development of the Specifications, the Architects shall coordinate the City's
bidding requirements and solicitation through the Purchasing Department to prepare a Proj ect
Manual that includes (1) bidding and procurement information which describes the time lace
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and conditions of bidding; bidding or proposal forms; and the form of agreement between the
City and the Contractor; and (2) the Conditions of the contract for Construction (General,
Supplementary and other Conditions).
The Architect shall update the estimate of the Cost of the Work and project schedule at 95%
completion of Construction Documents.
Meetings and Deliverables
The Construction Documents phase shall include one (1) design review meeting at 95%
complete CDs. Construction Document deliverables shall include three (3) full-size sets of
drawings and specifications at 95% completion for the City's review and comment. Final
deliverables at 100% completion shall include three (3) sets of full-size sets and one compact
disk of the Contract Documents in .pdf format.
PRICING AND CONSTRUCTION CONTRACTING METHOD
We understand the City intends to request proposals through a competitive bidding delivery
method. It is recognized that neither the Architect nor the City has control over the cost of
labor, materials or equipment, over the Contractor's methods of determining bid prices, over
competitive bidding, or market conditions. Accordingly, the Architect cannot and does not
warrant or represent that bids will not vary from the City's budget or the Architect's cost
estimates.
The Architect shall pay to create multiple compact disks of the final contract. documents for
bidding purposes and offer copies to bidders at a price an agreed upon with the City. As an
alternative, the City shall pay to reproduce the final contract documents in paper form for sale
or loan with refundable deposit to bidders.
The Architect shall prepare responses to questions from bidders and provide clarifications and
interpretations of the Contract Documents in the form of Addenda.
The Architects shall consider requests for substitutions during the pricing period, as permitted
by the Contract Documents, and shall prepare Addenda including ap roved substitutions.
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The Architect shall conduct apre-bid conference for prospective bidders.
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 6
The Architect shall assist with bid evaluation and make a recommendation for award of a
construction contract.
CONSTRUCTIQN ADMINISTRATION
The Architect shall participate in apre-construction conference within 10 calendar days of the
Notice to Proceed.
The Architect shall visit the site at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the work completed. The Architect's
representative shall attend progress meetings and prepare field reports describing the status of
the work and any discrepancies observed from the Construction Documents.
The Architect sha11 not have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction as selected by the Contractor, or for the
safety precautions and programs incident to the work of the Contractor, or for the failure of the
Contractor to comply with laws, rules, regulations, ordinances,. codes or orders applicable to
the Contractor furnishing and performing the work.
The Architect shall review and approve or take other appropriate action upon Contractor's
submittals such as shop drawings, product data, samples, and mock-u s for eneral
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conformance with information given and the design concept expressed in the Contract
Documents. Review is not conducted for the purpose of determining the accuracy,
completeness, or quantities, or for substantiating instructions for installation or performance of
equipment or systems.
The Architect shall only respond to reasonable Contractor's Requests for Information and
prepare Proposal Requests and Change Orders for the City's approval and execution in
accordance with the Contract Documents.
The Architect's interpretations and decisions shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in written documentation.
The Architect shall review and certify the amounts requested by the Contractor on the
Application and Certification for Payments. The issuance of a Certification for Payment shall
not be a representation that the Architect has (1) made exhaustive or continuous on-site
inspections to check the quality of the work, (2) reviewed construction means, methods,
techniques, or sequences, (3) reviewed copies of requisitions received from Subcontractors
and material suppliers, or (4) ascertain how or for what purpose the Contractor has used
money previously paid on account of the contract sum.
The Architect shall perform final closeout procedures as defined in the Contract Documents,
including preparation and verification of Punch Lists for the Contractor's use.
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 7
Construction Administration services beyond the following limits shall be an Additional
ervice:
• Up to two (2) reviews of any single Contractor submittal
• Site observation visits averaging twice per month
• One Punch List at Substantial Completion
• One site observation visit to verify completion of Punch List
• Evaluation of Contractor's substitution requests beyond 90 days after the Notice to
Proceed
• City requested project scope changes resulting in changes to the Construction Documents
• Evaluation of claims submitted by the Contractor in connection with the work
CITY'S RESPONSIBILITIES
The City shall furnish the services of consultants other than those designated as Basic
Services, or authorize the Architect to furnish them as an Additional Service, when such
services are required to complete the work.
The City shall not increase or decrease the overall budget, or the portion the budget allocated
for construction or contingencies, without modifying the agreement of the Architect to a
corresponding change in the proj ect scope, quality, and / or rofessional service fees.
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The City shall provide written comments within 10 calendar days pertaining to documents
submitted by the Architect in order to avoid unreasonable Bela in the orderl and se uential
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progress of the Architects' services. The City shall not modify a decision once given to the
Architect without additional compensation to the Architect.
ARCHITECT'S RESPONSIBILITIES
The Architect shall submit for the City's approval a schedule for the performance of the
Architect's services, including allowances for periods of time required for the City's review,
for the performance of the City's consultants, and for approval of submissions by authorities
having jurisdiction over the work.
The Architect shall review laws, codes, and regulations applicable to the Architect's services.
The Architect shall respond in the design to requirements imposed by governmental
authorities having jurisdiction over the work.
The Architect shall be entitled to rely on the accuracy and completeness of services and
information furnished by the City. The Architect shall provide prompt written notice to the
City if the Architect becomes aware of any errors, omissions or inconsistencies in such
services or 1~'iforiiiatioii.
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 8
PROJECT SCHEDULE
We anticipate the following time periods and dates for the proj ect phases. We understand that
funds are currently available for professional A/E services. The City will sell bonds to finance
construction in June 2008.
• Programming 2 weeks
• Schematic Design 4 weeks
• Design Development 5 weeks
• Construction Documents 6 weeks
• Pricing and Contract Award 7 - 8 weeks
• Construction 9 -10 months
PROJECT BUDGET
January 2008
January -February 2008
Feb -March 2008
March -April 2008
May -June 2008
July 2008 -March /April 2009
We understand the portion of the total proj ect budget devoted for construction is
approximately $1,280,000.
COMPENSATION
Based upon the scope of services described above, Brown Reynolds Watford Architects
proposes lump sum fees and fee allowances as shown below.
• Basic Services Fee $130,000
• Additional Services Fee Allowances
- Topographic, Tree, & Utility Survey 10,000
- Geotechnical Survey $5,000
Reimbursable expenses are in addition to the fees and shall be invoiced at the same cost billed
to the Architect. They shall include, but are not limited to, document reproduction, courier
and overnight deliveries, and TDLR Texas Accessibility Standards document review fee. The
TDLR site inspection fee at the project completion is a direct expense to the City.
Basic Services shall be invoiced monthly based on the percent complete for each phase, but
shall not exceed the percentages shown below.
• Programming 5%
• Schematic Design 15%
• Design Development 15%
• Construction Documents 40%
• Bidding 5%
• Construction Administration 20%
Total 100%
Mr. Robert Tickner EXHIBIT 1
Professional Services Proposal
December 10, 2007
Page 9
The Architect shall proceed with Basic Services upon receipt of a Notice to Proceed from the
City. The Architect shall not proceed with Additional Services Fee Allowances until
authorized in writing by the City approving separate lump sump fees. Additional Services
performed by consultants shall be computed at 1.10 times the amount billed the Architect.
Additional Services performed by BRW Architects shall be compensated at the hourly rates
listed below.
BRW Architects Hourly Rates
• Principal $195.00 per hour
• Proj ect Director $170.00 per hour
• Proj ect Manager $145.00 per hour
• Project Architect $125.00 per hour
• Architect $110.00 per hour
• Technical $ 85.00 per hour
• Clerical $ b5.00 per hour
We hope this proposal meets your expectations. Please call onus with any comments or
questions. Upon your acceptance, we will prepare an AIA contract as our final agreement. We
look forward to continuing our work with the City of Denton on this important Proj ect.
BROWN REYNOLDS WATFORD ARCHTECTS, INC.
CRAIG S. REYNOLDS, FAIA
PRINCIPAL
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF BROWN REYNOLDS
WATFORD ARCHITECTS, INC., TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR
THE CITY OF DENTON SENIOR CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE (FILE 3943 IN AN AMOUNT NOT TO
EXCEED $145,000).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees 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 City Manager is hereby authorized to enter into a professional service
contract with Brown Reynolds Watford Architects, Inc., to provide professional architectural and
related services for the renovation of the City of Denton Senior Center, a copy of which is attached
hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-3943
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
2007, by and between the City of Denton, Texas, a Texas municipal corporation,
with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201,
hereinafter called "Owner" and Brown Reynolds Watford Architects, Inc.. with its corporate office at
3535 Travis Street, Suite 250, LB-102, Dallas, TX 75204 hereinafter called "Design Professional,"
acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Pro' ect shall include,
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without limitation, (describe the Project in the space below or in an attachment)
Per Design Professional's Proposal attached, including the Project Scope as the preparation of plans and
documents for the renovation and an approximately 3,000 square feet building addition to the existing
Denton Senior Center, located at 509 N. Bell Avenue, Denton,TX. Exterior site work will include
minimal grading, landscaping, and irrigation as required by the building expansion and landscaping
ordinances. The City will renovate and expand the existing parking lot under separate contract.
SECTION 2
COMPENSATION
The Owner shall compensate the. Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation for Architectural Services : $130,000,00
Additional Services Fee Allowances: Topographic, Tree & Utility Surve : $10,000.00
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Geotechnical Survey: $5,000.00
2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Proj ect:
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Programming 5
Schematic Design 15%
Design Development 15%
Construction Documents 40%
Bidding 5%
Construction Administration 20%
Total 100%
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
Proj ect Director
Proj ect Manager
Proj ect Architect
Architect
Technicial
Clerical Staff
$195.00 per hour
170.00 per hour
145.00 per hour
125.00 per hour
110.00 per hour
85.00 per hour
65.00 per hour
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1.1 times the
amounts billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.0 times the
expenses incurred by the Design Professional, the Design Professional's employees and consultants in the
interest of the Project as defined in the General Conditions but not to exceed a total of $6,000 without the
prior written approval of the Owner. ~ ~~~
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. The Design Professional's Proposal
3. Attachments through
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
BROWN W 0 ARCHITECTS, INC.
BY:
Firm's Officer/Representative
WITNESS:
w
BY:
Garry v~dR~~
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGIlVEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the .Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The .Services shall be performed as expeditiously as is consistent with the Degree of Care. necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which maybe adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
.character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous prelminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing docmnents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2 If the construction contract ainowlt for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as maybe required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE ®ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.61 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the achninistration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional,
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the constn~ction site at least one time a month, and as necessary during construction , and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress,
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Cormnunications byand with the Design Professional's consultants shall be through the Design Professional.
2.b.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior`to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Conhactor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance- with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dunensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Desig<7 Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
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of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Docwnents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Tune which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging pa}nnent by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or duninish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 32 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.21 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives toassist in canyingout such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Proj ect budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Conshuction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an extensive mm~ber of claims submitted by the Contractor or others in connection with the work
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Constn~ction Documents Phase.
33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3,3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, enviromnental studies and submissions required for approvals of govervnental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities,
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, a$er issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
structionbased on marked-upprints, drawings and other data furnished by the Contractor to the Design Professional,
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
.ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
ficallydescribed in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services,
4.5 Where applicable, the Owner shall fitnush surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines. of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of way, restrictions, easements, encroaclvnents, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concealing available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benclunark:
The Design Professional shall provide a Topographic, Tree, Utility and Easement Survey as necessary for the building addition,
4.6 The Design Professional shall provide geotechnical investigation tests for the building addition Such services may include but are not lllnited to test borings,
test pits, deterninations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating sub-soil conditions, with reports and appropriate professional recorn~nendations.
4.b.1 The Owner shall funush the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall funllsh structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the pact of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED .
S.LI The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the consnuction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the famishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to detemline what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Dacurnents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Surn occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not cormnenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such docwnents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
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Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that proj ect
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information,
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the intenuption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to .the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
perfonnanceand cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional°s personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
...
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 if and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred,
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
fiom payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible,
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design. Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Deleted
10.5 The Design Professional shall famish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, famish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
111 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives tothe other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants. of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The tern Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations ofthe design of the Project, including photographs
of the extel~or and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
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11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
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AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Emerson Vorel 349-8274
ACM: Jon Fortune
~TIR.TF,CT
Consider adoption of an Ordinance accepting competitive bids and awarding a two year contract
for Mowing for various City departments; providing for the expenditure of funds therefore; and
providing an effective date (Bid 3926-Two Year Contract for Mowing awarded to the lowest
responsible bidder for each section in the annual estimated amount of $373,316.00).
BID/RFSP INFORMATION
This bid is to provide mowing, color bed maintenance, trimming and edging services for the
following City facilities: Class A Medians, Class A City Parks, Class A Libraries, Class B City
Parks, Class B City Medians North and South, Class A and B Fire stations, Cemeteries, Solid
Waste and Landfill properties Classes A, B, C, Class B Electrical Substations, Water
Reclamation Properties Class A and Class C, Code Enforcement Responsive Mowing, Class C
Rail Trail Mowing, and miscellaneous mowing per acre as needed.
RECOMMENDATION
Award to the lowest responsive bidder for each section as listed below:
Item# Description
Proposal A Class A Medians
Proposal B Class A City Parks
Proposal C Class A Libraries
Proposal C 1 Class A Libraries
Proposal D Class B City Parks
Proposal E Class B City Medians North
Proposal El Class A Medians Alternate
Proposal F Class B City Medians South
Proposal F 1 Class B Vintage Parkway Alternate
Proposal Gl Class Fire Station Mowing
Proposal G2 Class Fire Station Bed Maintenance
Proposal G3 Class C Alternate Mowing for Fire Stations
Proposal H Cemeteries
Proposal I Solid Waste & Landfill Class A, B, C
Proposal Il Solid Waste Color Beds
Proposal J Class A & B Electrical Substations
Proposal K Water Reclamation Class A and C
Proposal L Code Enforcement (All Sections)
Proposal M Class C Rail Trail and Spencer Road
VPnr~nr
VMC Landscape Services
VMC Landscape Services
Firehouse 22
Firehouse 22
MET Lawncare
MET Lawncare
No Award
VMC Landscape Services
VMC Landscape Services
MET Lawncare
MET Lawncare
MET Lawncare
No Bid Awarded
VMC Landscape Services
VMC Landscape Services
MET Lawncare
MET Lawncare
Brandon's Landscape Service
VMC Landscape Services
Agenda Information Sheet
January 8, 2008
Page 2
RECOMMENDATION (CONTINUED)
Proposal Ml Ray Roberts Overlook Mowing and Litter
Proposal M2 Hourly Rate for Tractors and Mowers
Proposal M3 Hourly Rate for Labor and Trimmer
General Mowing Class A MET Lawncare
General Mowing Class B MET Lawncare
General Mowing Class C MET Lawncare
General Mowing Class D MET Lawncare
VMC Landscape Services
VMC Landscape Services
VMC Landscape Services
Proposal E 1 (Malone Street islands located at Tulane and Bowling Green) will not be awarded -
this area will be maintained by a Keep Denton Beautiful volunteer group. Proposal H will not be
awarded due to no bids being received for this section.
PRINCIPAL PLACE OF BUSINESS
VMC Landscape Maintenance
Dallas, TX
MET Lawncare
Denton, TX
Firehouse 22 Mowing
Denton, TX
Brandon's Landscape Service
Rockwall, TX
ESTIMATED SCHEDULE OF PROJECT
The term of the contract shall be for a period of two years from the date of Council award, with
the option to renew at the end of the period. The contract maybe renewed twice for a period not
to exceed one year per renewal. Renewal shall be at the sole discretion of the using departments.
FISCAL INFORMATION
This service will be funded as listed below:
Parks and Recreation $266,880.00 402130.7886
Solid Waste $ 41,187.00 660300.7886
Water Reclamation $ 19,515.00 640100.7886
Code Enforcement $ 30,000.00 330001.7886
Electric Substations $ 13,424.00 600400.6528.5920
Overlook Mowing $ 2,310.00 630002.7762
Requisition #s 85320, 85321, 85322, 85311, 85309, 85324 have been entered in the purchasing
software system.
Agenda Information Sheet
January 8, 2008
Page 3
EXHIBITS
1. Bid Tabulation
Respectfully submitted:
~~~.~5
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
BID #3926 Exhibit 1
DATE: 12/06/07
TWO-YEAR CONTRACT FOR MOWING
No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
MET Lawncare Brandon's
Landscape
Service Gary Morgan
Enterprises LP dba
VMC Landscape
Services
Firehouse 22
Principle Place of Business: Denton, TX Rockwall, TX Dallas, TX Denton, TX
PROPOSALS -ANNUAL BID PRICE
A MEDIANS 7 RIGHT-OF-WAYS CLASS A No Bid No Bid $44,608.00 No Bid
B CITY PARKS & PUBLIC BUILDINGS CLASS A No Bid No Bid $61,056.00 No Bid
C LIBRARIES NORTH & SOUTH BRANCH CLASS A MOWING No Bid $3,484.00 $7,040.00 $4,160.00
C1 NORTH BRANCH LIBRARY BED MAINTENANCE No Bid $9,600.00 $2,336.00 $2,640.00
D CITY PARKS CLASS B $56,900.00 No Bid $140,800.00 No Bid
E CITY MEDIANS & RIGHT-OF-WAYS NORTH CLASS B $23,900.00 No Bid $32,620.00 No Bid
E1 ALTERNATE FOR FUTURE CONSIDERATION - MALONE
ISLANDS @ TULANE & BOWLINGREEN $0.00 No Bid $740.00 No Bid
F CITY MEDIANS & RIGHT-OF-WAYS SOUTH CLASS B No Bid No Bid $36,120.00 No Bid
F1 ALTERNATE FOR FUTURE CONSIDERATION -VINTAGE
PARKWAY EAST OF BONNNIE BRAE TO HWY 377 No Bid No Bid $3,660.00 No Bid
G FIRE STATIONS CLASS A & B (including Bed Maint)
G1 OPTION 1 -MOWING $8,940.00 No Bid $14,932.00 $8,824.00
G2 OPTION 2 -BED MAINTENANCE $1,670.00 No Bid $3,868.00 $6,800.00
G3 ALTERNATE ITEMS FOR FUTURE CONSIDERATION -
FIRE & POLICE FUTURE TRAINING FACILITY, 80 ACRES
TOTAL BID IFR FORA 100FT MOW STRIP ALONG
VINTAGE PKWY & BONNIE BRAE. 10 ACRES WILL CALL
BASIS -ESTIMATE 5 - 7 CYCLES
$1,400.00
No Bid
$5,131.00
No Bid
H CEMETERIES CLASS B No Bid No Bid No Bid No Bid
SOLID WASTE/LANDFILL CLASS A, B & C No Bid No Bid $40,003.00 No Bid
11 OPTIONAL BED MAINTENANCE PLUS SEASONAL
COLOR PLANTINGS No Bid No Bid $1,184.00 No Bid
J ELECTRICAL SUBSTATIONS CLASS A & B $13,424.00 $23,590.00 $27,884.00 No Bid
K WATER RECLAMATION CLASS A & C $19,515.00 No Bid $31,123.00 No Bid
L CODE ENFORCEMENT -SEE NEXT PAGE
M RAIL TRAIL CLASS C No Bid No Bid $19,250.00 No Bid
M1 ALTERNATE ITEM FOR FUTURE CONSIDERATION -LAKE
RAY ROBERTS OUTLOOK (NORTH END OF
GREENBELT), MOW AND LITTER REMOVAL
No Bid
No Bid
$2,310.00
No Bid
HOURLY RATE FOR SPECIAL CALL OUT REQUEST
M2 HOURLY RATE FOR TRACTOR & MOWERS No Bid No Bid $90.00 No Bid
M3 HOURLY RATE FOR LABOR AND TRIMMER No Bid No Bid $28.00 No Bid
BID #3926 Exhibit 1
DATE: 12/06/07
TWO-YEAR CONTRACT FOR MOWING
No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
MET Lawncare Brandon's
Landscape
Service Gary Morgan
Enterprises LP dba
VMC Landscape
Services
Firehouse 22
Principle Place of Business: Denton, TX Rockwall, TX Dallas, TX Denton, TX
GENERAL MOWING SERVICE AS NEEDED BY THE CITY -PRICE PER ACRE PER CYCLE
CLASS A $30.00 $55.00 $75.00 No Bid
CLASS B $30.00 $55.00 $90.00 No Bid
CLASS C $45.00 $55.00 $105.00 No Bid
CLASS D $45.00 $55.00 $115.00 No Bid
*Per acre per cycle price will be prorated for smaller parcels as
determined by the City
PROPOSAL L -CODE ENFORCEMENT
MOWING OF PARCELS WITH UNRESTRICTED ACCESS
-A Parcels of land up to 10,000 square feet (up to 3') per lot price No Bid $60.00 No Bid No Bid
-A Parcels of land up to 10,000 square feet (over 3'} per lot price No Bid $65.00 No Bid No Bid
II-A Parcels of land 10, 001 square feet to 1 acre (up to 3'} per lot
price No Bid $65.00 No Bid No Bid
II-A Parcels of land 10, 001 square feet to 1 acre (over 3'} per lot
price No Bid $70.00 No Bid No Bid
III-A Parcels of land more than 1 acre (up to 3') per acre price No Bid $70.00 No Bid No Bid
III-A Parcels of land more than 1 acre (over 3'} per lot price No Bid $75.00 No Bid No Bid
MOWING OF PARCELS WITH RESTRICTED ACCESS (EQUIPMENT MUST FIT THROUGH 3 FT. OPENING)
-B Parcels of land up to 10,000 square feet (up to 3') per lot price No Bid $65.00 No Bid No Bid
-B Parcels of land up to 10,000 square feet (over 3'} per lot price No Bid $70.00 No Bid No Bid
II-B Parcels of land 10,001 square feet to 1 acre (up to 3') per lot
price No Bid $70.00 No Bid No Bid
II-B Parcels of land 10,001 square feet to 1 acre (over 3') per lot
price No Bid $75.00 No Bid No Bid
III-B Parcels of land more than 1 acre (up to 3') per acre price No Bid $80.00 No Bid No Bid
III-B Parcels of land more than 1 acre (over 3'} per lot price No Bid $90.00 No Bid No Bid
TRASH AND DEBRIS REMOVAL
IV Trash & Debris removal based on cubic yard calculated by the
COD Solid Waste formula No Bid $80.00 No Bid No Bid
Hourly rate for labor & trimmer on specialty rate per Contract
Terms and Conditions #4 No Bid $251Hr. per man No Bid No Bid
Bid Bond Yes Yes Yes Yes
**TruGreen Landcare qualified their bid, and therefore is considered non-responsive.
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR
CONTRACT FOR MOWING FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3926-TWO YEAR CONTRACT FOR MOWING AWARDED TO THE LOWEST RESPONSIBLE
BIDDER FOR EACH SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $373,316.00).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3926 Proposal A VMC Landscape Services Exhibit A
3926 Proposal B VMC Landscape Services Exhibit A
3926 Proposal C Firehouse 22 Exhibit A
3926 Proposal Cl Firehouse 22 Exhibit A
3926 Proposal D MET Lawncare Exhibit A
3926 Proposal E MET Lawncare Exhibit A
3926 Proposal F VMC Landscape Services Exhibit A
3926 Proposal Fl VMC Landscape Services Exhibit A
3 926 Proposal G 1 MET Lawncare Exhibit A
3926 Proposal G2 MET Lawncare Exhibit A
3926 Proposal G3 MET Lawncare Exhibit A
3926 Proposal I VMC Landscape Services Exhibit A
3926 Proposal Il VMC Landscape Services Exhibit A
3926 Proposal J MET Lawncare Exhibit A
3926 Proposal K MET Lawncare Exhibit A
3926 Proposal L Brandon's Landscape Service Exhibit A
3926 Proposal M VMC Landscape Services Exhibit A
3926 Proposal Ml VMC Landscape Services Exhibit A
3926 Proposal M2 VMC Landscape Services Exhibit A
3926 Proposal M3 VMC Landscape Services Exhibit A
3 926 Gen Mowing Class A MET Lawncare Exhibit A
3 926 Gen Mowing Class B MET Lawncare Exhibit A
3 926 Gen Mowing Class C MET Lawncare Exhibit A
3926 Gen Mowing Class D MET Lawncare Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-BID 3926
BID #3926 Exhibit A
DATE: 12/06/07
TWO-YEAR CONTRACT FOR MOWING
No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
MET Lawncare Brandon's
Landscape
Service Gary Morgan
Enterprises LP dba
VMC Landscape
Services
Firehouse 22
Principle Place of Business: Denton, TX Rockwall, TX Dallas, TX Denton, TX
PROPOSALS -ANNUAL BID PRICE
A MEDIANS 7 RIGHT-OF-WAYS CLASS A $44,608.00
B CITY PARKS & PUBLIC BUILDINGS CLASS A $61,056.00
C LIBRARIES NORTH & SOUTH BRANCH CLASS A MOWING $4,160.00
C1 NORTH BRANCH LIBRARY BED MAINTENANCE $2,640.00
D CITY PARKS CLASS B $56,900.00
E CITY MEDIANS & RIGHT-OF-WAYS NORTH CLASS B $23,900.00
F CITY MEDIANS & RIGHT-OF-WAYS SOUTH CLASS B $36,120.00
F1 ALTERNATE FOR FUTURE CONSIDERATION -VINTAGE
PARKWAY EAST OF BONNNIE BRAE TO HWY 377 $3,660.00
G FIRE STATIONS CLASS A & B (including Bed Maint)
G1 OPTION 1 -MOWING $8,940.00
G2 OPTION 2 -BED MAINTENANCE $1,670.00
G3 ALTERNATE ITEMS FOR FUTURE CONSIDERATION -
FIRE & POLICE FUTURE TRAINING FACILITY, 80 ACRES
TOTAL BID IFR FORA 100FT MOW STRIP ALONG
VINTAGE PKWY & BONNIE BRAE. 10 ACRES WILL CALL
BASIS -ESTIMATE 5 - 7 CYCLES
$1,400.00
SOLID WASTE/LANDFILL CLASS A, B & C $40,003.00
11 OPTIONAL BED MAINTENANCE PLUS SEASONAL
COLOR PLANTINGS $1,184.00
J ELECTRICAL SUBSTATIONS CLASS A & B $13,424.00
K WATER RECLAMATION CLASS A & C $19,515.00
L CODE ENFORCEMENT -SEE NEXT PAGE
M RAIL TRAIL CLASS C $19,250.00
M1 ALTERNATE ITEM FOR FUTURE CONSIDERATION -LAKE
RAY ROBERTS OUTLOOK (NORTH END OF
GREENBELT), MOW AND LITTER REMOVAL
$2,310.00
HOURLY RATE FOR SPECIAL CALL OUT REQUEST
M2 HOURLY RATE FOR TRACTOR & MOWERS $90.00
M3 HOURLY RATE FOR LABOR AND TRIMMER $28.00
BID #3926 Exhibit A
DATE: 12/06/07
TWO-YEAR CONTRACT FOR MOWING
No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
MET Lawncare Brandon's
Landscape
Service Gary Morgan
Enterprises LP dba
VMC Landscape
Services
Firehouse 22
Principle Place of Business: Denton, TX Rockwall, TX Dallas, TX Denton, TX
GENERAL MOWING SERVICE AS NEEDED BY THE CITY -PRICE PER ACRE PER CYCLE
CLASS A $30.00
CLASS B $30.00
CLASS C $45.00
CLASS D $45.00
*Per acre per cycle price will be prorated for smaller parcels as
determined by the City
PROPOSAL L -CODE ENFORCEMENT
MOWING OF PARCELS WITH UNRESTRICTED ACCESS
-A Parcels of land up to 10,000 square feet (up to 3') per lot price $60.00
-A Parcels of land up to 10,000 square feet (over 3'} per lot price $65.00
II-A Parcels of land 10, 001 square feet to 1 acre (up to 3'} per lot
price $65.00
II-A Parcels of land 10, 001 square feet to 1 acre (over 3'} per lot
price $70.00
III-A Parcels of land more than 1 acre (up to 3') per acre price $70.00
III-A Parcels of land more than 1 acre (over 3'} per lot price $75.00
MOWING OF PARCELS WITH RESTRICTED ACCESS (EQUIPMENT MUST FIT THROUGH 3 FT. OPENING)
-B Parcels of land up to 10,000 square feet (up to 3') per lot price $65.00
-B Parcels of land up to 10,000 square feet (over 3'} per lot price $70.00
II-B Parcels of land 10,001 square feet to 1 acre (up to 3') per lot
price $70.00
II-B Parcels of land 10,001 square feet to 1 acre (over 3') per lot
price $75.00
III-B Parcels of land more than 1 acre (up to 3') per acre price $80.00
III-B Parcels of land more than 1 acre (over 3'} per lot price $90.00
TRASH AND DEBRIS REMOVAL
IV Trash & Debris removal based on cubic yard calculated by the
COD Solid Waste formula $80.00
Hourly rate for labor & trimmer on specialty rate per Contract
Terms and Conditions #4 $251Hr. per man
Bid Bond Yes Yes Yes Yes
**TruGreen Landcare qualified their bid, and therefore is considered non-responsive.
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Economic Development/Downtown Development
ICM/DCM/ACM: Geor e Cam bell Cit Mana er
g p ~ y g
~T 1R.TF,CT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
grant application from Elk River Investments from the Downtown Incentive Grant Program not
to exceed $10,000; and providing for an effective date. (The Downtown Development Task
Force recommends approval 6-0. The Economic Development Partnership Board recommends
approval 7-0)
BACKGROUND
Applicant: Ralph Ramsey, Vice President of Elk River Investments Denton, Texas
City Council approved the Downtown Incentive Reimbursement Grant Program on April 3,
2007, and allocated $50,000 to fund the program for 2007-2008 fiscal year.
Key elements of the policy are:
~ Grant funds area 50:50 match and are reimbursed upon receiving proof of expenditure
and completion of work.
~ Certain redevelopment activities are eligible for grant funds.
o Facade Rehabilitation
o New Awnings and Signs
o Impact Fee Reimbursement
o Utility Upgrades
• An applicant is defined as an eligible property within the Downtown Central Business
District. A single owner of multiple properties may apply for grant funds for each
property but may not receive more than $50,000 per property.
• Projects are considered based on:
o Compliance with current building standards
o Perceived need for proposed renovations and historical accuracy
o Design quality
o Compatibility of design in relation to other buildings
o Project compatibility with streetscape objectives
o Project compatibility in relation to Downtown Development goals
o Proximity to Courthouse-on-the-Square
• A process for proj ect review, recommendation and approval are defined.
o City staff review
o Downtown Task Force review and recommendation
o Economic Development Partnership Board review and recommendation
o City Council review and approval
PRIOR ACTION/REVIEW
The Downtown Task Force reviewed the grant request from Elk River Investments on October
10, 2007 and requested additional information. The Task Force reviewed the additional material
on November 14, 2007 and recommended an incentive in the amount of $10,000 to be used for
general building and property repairs (roof, exterior & interior and parking lot) and to add
handrails to the sidewalk facing McKinney Street.
The Economic Development Partnership Board reviewed the grant request at their November 19,
2007 meeting and recommended approval.
RECOMMENDATION
The Downtown Development Task Force recommends approval 6-0. The Economic
Development Partnership Board recommends approval 7-0.
FISCAL IMPACT
If approved, this grant will be awarded in the amount of $10,000; Elk River is investing
$122,291 in the project. The FY 07-08 budget has funds in the amount of $50,000. If approved,
this would be the first grant awarded through the Downtown Incentive Reimbursement Grant
Program.
F,XHTRTT~
1. Ordinance
2. Grant agreement
3. Grant application
4. Excerpt of minutes from Downtown Task Force 10-10-07 meeting
5. Excerpt of minutes from Economic Development Partnership Board 11-19-07 meeting
Pre ared b
Julie Glover
Economic Development
Program Administrator
Respectfully submitted:
r
4
yy~~ t
~i*k I .
i~
p'
,•
-. n :lR5:1 - A{i
Yn
L:
Linda Ratliff
Director of Economic Development
2
~;lo~.r dacumentslardinances1~81e~~C river gr~nt.~oc
~~~~~ ~~~
AN ORDINANCE OF TIE CITY COUNCIL OF THE CITY OF D~NTON, TEA,
API'R.O~INO A GRANT A~FLICATION FROM ELF RISER INVESTMENTS FROM TFIE
DONTOVL~N INCENTIVE REI~L~RSEENT GRANT PROGRAM NOT TO EMCEED
~ 4,04; AND PRO~TIDIN FOR AN EFFECTI~IE DATE,
WHEREAS, on April ~, X047, the City Council approved ~ Downtown Incentive
Rein~hursen~ent ~'rogram by Ordinance No. X407-072; and
AREAS, Eli River Investments has applied far a 14,404 grant; NOW, THEREFORE,
THE CITY CO~C]NCIL OF THE CITY OF DENTON I~EREBY ORDAINS:
SECTION l . The City Council of the City of Denton. hereby approves the request ~on~ Ells
River Investments for $14,000 from the Dov~nto~ ~neentive Reixnbursen~ent Crrant Program.
SECTION ~. The ~Vlayor, or his designee, is hereby authorized to execute the Agreerrient
and to carry out the duties ar~d responsibilities of the City, including the expenditure of funds as
provided in the Agreement.
SECTION 3. This Ordinance shall become effective ~n~n~ediately uponrts passage and
approval.
PASSED AND AFPRO~ED this the __ ~_ day of ~ ., ._, 200.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER SALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORM;
ED~UIl~ . SNYDER, CITY ,ATTORNEY
~.
. ,~-
• ~ -~^ r
s;la~r documentslcantractsl~Slelk aver agreemer~t,doc
D~w~Tw~ R~IIV~B~R~II~'T CANT I~~T'IVE A~REEIV~NT
This Downtown Reinvestment grant Incentive Agreement the "A.greement"~ is entered
into by and between the pity of Denton, Texas the "pity"}, duly acting herein by and through its
~Vlayor, and Eli River Investments Inc. a Subchapter corporation the "owner"}, duly autha-
ri~ed to do business and in good standing in the State of Texas, duly acting herein by and
through its authorized officer.
WHEREAS, the pity has adapted a resolution which provides that it elects to be eligrble
to participate in downtown reinvestrrlent grant incentives and has adopted guidelines and criteria
governing downtown reinvestment grant incentive agreements known as the Denton Downtown
Reinvestment Grant Incentive Prom.; and
wI~EREA, on the 3r~ day of April, X007, the pity council of Denton, Texas the "fit
~ y
ouncil'~} adopted the Denton the `{Program"}, ~. copy of which is on file in the pity of Denton
Economic Development ~ff~ce and which is Incorporated herein by reference; and
WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing down-
town reinvestment grant incentive agreements to be entered into by the pity; and
WHEREAS, owner will be the owner, as of the Effective Date has hereinafter defined},
which ownership is a condition precedent, of certain real property, >~nore particularly described in
Exhibit "~" attached hereto and incorporated herein by reference and made a part of this Agree-
>nent for all purposes the "Premises~'~ a of the Effective Date; and
WHEREAS, on the 1 ~t day of October, Zo07, owner submitted an applicatian for rein-
~restment with various attaeh~nents to the pity concerning the contemplated use of the Premises
the "Application"~, which is attached hereto and Incorporated herein by reference as Exlubit
~~~}~. and
a
wHEREA, the pity council finds that the contemplated use of the Prernises, the on~
ternplated Improvements has hereinafter defined} to the Pren~ses as set forth in this Agreement,
and the other terms hereof axe consistel~t with encouraging development in accordance with the
purposes and are in compliance with the ordinance and Prograrn and similar guidelines and cri-
teria adopted by the pity and all applicable law;
N~, THEREFORE, the pity and owner for and in consideration of the premises and
the pron~ses contained herein do hereby contract, covenant, and agree as follows:
I.
TERIVIS ADD ~NDf TI~I~ ~F REIMBURE~VIE~T
A. In consideration of and subject to the Dwner meeting alI the terms and conditions
of reimbursement set forth herein, the pity hereby grants the following reimbursement:
s;l~ur ~ocumentslcon#rakcts1~81e~~ aver agreer~ent.~oc
l , ~ rein~burse~ment in an amount not to exceed ~ 10,0~~ att~.butable to new
capital investment, as hereinafter described, being cor~strncted an tine Pre..ise~.
B. A cand~tion of the Reimburerrient is that, by January 9, ~~~ ~ub~ect to force
majeure delays not to exceed 18~ days}, capital investment in the farm of awnings, facade and
railings as described in Exhibit "B" be constructed ors the Premises, For the purposes of this -
ragraph, the term "force rriajeure" shall mean any circumstance or any condition beyond the con-
trol of owner, as set forth in Section Xl "Force Majeure" which rriaes it impossible to meet
the above-mentioned thresholds.
The term "capital investment" ~~ defined as the cantructian, renovation and
equipping of awnings, railings and facade as described in Exhibit "~" the "Improvements on the
Premises", the "~anten~plated hnprovem.ents" or "lmproven~ent~"~ to include cots related to the
canstr~ction of the Ipraveniei~ts an the Premises,
D. ~ condltran of the Reirriburse.ent ~~ that the contemplated Improvements be
constructed and the Premises be used substantially in accordance with the description of the
project set forth in Exhibit ""
E, Owner agrees to comply with all the terns and condltlo~as set forth in this Agree-
rnent.
II,
~NDITI~N ~F REIB[~RSEMENT
A. At the time of the award of the Reimbursement, owner shall be current on all ad
valorem real property taxes with respect to any properties owned within the pity.
B. Prior to the award of the Reimbursement, Owner shall have constructed the api-
tai Improverrrents as specified in Exhibit "B"
IIf,
RE~RD AND E~ALUATf~N ~F PROJECT
A. The owner shall provide access and authorize inspection of the Premises by pity
employees and allow uffrcient inspection. of financial information related to construction of the
Improvements to insure that the hnprnvernents are made and the thresholds are met according to
the specifications and conditions of this Agreerrient~ Such inspections shall be done in a way that
will not interfere with owner' ~ business operations.
Page 2
s:lo~r docume~tslcon~ra.~tsl~8le~k giver a~re~tnen#.doc
~.
GENERAL PR~vII~N
A. The City has detern~rned that ~t has adapted gulel~nes and crrter~a Downtown
Rei~.bursen~ent grant Incentive Program agreements for the fit to a11ow it to enter into this
., ~
Agreement canta~rnn the terms set forth herein.
B, The pity has determined that procedures (allowed by the fit canf orm to the re-
quirements of the bode and the Policy, and have been anal wi11 be undertaken in coardinatron
with owner's corporate, public employee, and business relations re uiren~en#s.
neither the Premises nor any of the ~mpraven~ents covered b this A een~ent are
Y
awned ar leased by any n~enrzber of the pity aunc~l, any member of the i7l•L~juF Plannin}/~~~/y and ion,
i , 4 ~ * V
Ong on~n~lssian of the City, or any member afthe governing body of an taxin units 'oinln in
Y g J ~
Qr adapting this Agreement,
D. In the event of any con~.ict between the City coning ordinances, ar other i ar-
f F .
dinances or regulations, and this Agreement, such ordinances or re lotions sha11 control,
v,
N~TIE
A11 notices called far or rewired by this Agreement sha11 be addressed to the fallawin
g~
or such o#her party ar address as either party designated ~ writing, by certified mail asta a re-
P g ~
pare, by hand delivery or via facsimile:
~wNER:
CITY:
Ralph Ramsey, dice President Barge , ~atnpbell, i 1Vlana er
.
Elk River investments City of Denton
X31 I ~. I~, to 14D 2I5 East IVIcl~inney
Denton T~ 7~~07 Denton, Teas 7~2~~ I
~'ax Na. 4D.34~.~6
vI.
~IT~ ~~UNCI~ AUTH~IATI~N
Thin Agreement was authorized by the City Council by passage of an enablin ordinance
g
at its meeting on the $th day of January, ~4~~, authorizing the a or to execute this A cement
y
on behalf of the City, a copy of which is attached hereto and Inca orated herein b reference as
.. ~ y
Exhibit "~".
Page ~
s:lour ~.ocumentslcontracts1~81e1~e river agreerrxent.doc
~~~.
SLV~RABIILTY
In the event an~r section, subsection, paragraph, sentence, phase or ward is held invalid
illegal or uncvnstitut~onal, the balance of this Agreement shall stand shad be enforceable and
shall be read as if the parties intended at ail Mmes to delete said 1n~alid section, subsection ara-
, ~~
graph, sentence, phrase, or word, In the-event that {~} the term of the Re~nabursenaent with re~
spect to any praprt is longer than allowed b~ law, ar {ii} the Reinabursen~ent applres to a
broader classrficatian of property than is allowed by law, then the Reinabursen~ent shall be valid
with respect to the classification of property abated hereunder and the artion of the term '
s p , that ~s
allowed by law,
VIII,
~wNER STA~I~tN~
owner, as a party to this Agreement, shall be deemed a proper and necessary party in
lltt ~ . . ~
gat~on questlo.ng or challenging the valydaty of tills Agreement or any of the underlying or-
dinances, resolutions, or pity ouncii actions authorizing same and owner shall be entitled to
lrlt~t'VC~e 1n sold l~tlgatlon.
I.
APPLICABLE LA.w
This Agreement shall be construed wader the laws of the State of Texas and i full er~
farm Y ~
able rn ~entan Jaunty, Texas. venue for any action under this Agreement sh,il be in Den-
ton. bounty,
~.
ENTIRE AC~REEENT
This instrument with the attached exhibits contains the entire agreement between the ar-
ti ~ p
es with respect to the transaction cantenaplated in this Agreement.
L
B~NDI~
This Agreement shall be binding on the parties and the respective successors, assi s,
heirs, and legal representatives.
III.
~IJNT~RPART
This .Agreement .ay be executed in counterparts, each of which sba11 be deemed an ari
. g
mal, but all of which together shall constitute one and the same ~nstrunaent.
Page 4
s;l~ur doc~mentslcan~rac#s1~Sle~k river agreemen#.do~
VIII.
ETI~N ANA OTPI~R H~AD~NC~
Section ar other head~ns conta~r~ed ~. Agreement are for referencc ores on1
and sha11 not affect in any ~~ the meaning or interpretation of this ~ eement.
DIV.
N~ JOINT VENT`UR~
Nothing contained m this Agreement is intended ~~ the part.Ies to create a artnerhi or
. ~ ~ ~
~ alnt venture beteer~ the parties, and any rmpl~cat~o to the contrary is hereby disavowed,
~.
AI~ND~VIENT
This Agreement may he modified ~y the parties hereto to include ether rovisiol~s v~hich
.~ ~
could have originally been included ~n this Agreement ar to delete provisions that were not on -
inally necessary to this Agreement.
t s-~ l ~.
~~~~ ~1 lY ~~J
~f, because of flood, Fire, explosions, civil disturbances, strifes, war, acts of hod, or other
causes beyond the control of either Party, either Party is not able to perform an or all of its obli-
y
gations under this Agreement, then the respective Party's obligations hereunder shall be sus-
pended during such period but for no longer than such period of #i~ne when the is unable to
p~
perform.
This Agreement is executed to be effective a days after the executed date of the
day of , 2~~5, the "Effective Date"} by duly authorized officials of the ~i
and ~v~ner.
PASSED ANA APPROVED s the _ .._ day of ~~~g,
CITY ~F DENTIN
PERRY R.. cNEILL, iVIA~~~
.ATTEST:
JENNIFER SALTERS, CITY SECRETARY
~~4
Page ~
s:lour doc~mentslcontractsl0~l~1~ riper agreemen#.doc
APPRO~EI~ A T~ L~AL FARM;
EDWIN ~VI. NYDER, ~~T~ ATTORNEY
4
B~:
ELK RISER INETMENT
RALPH RAIVIEY~, VIE PRESIDENT
ATTEST;
BY':
Page ~
s;lonr documentsl~ontra~ts1~81eIiC river ~reemer~t.doc
STATE OF TEXAS §
COUNTY OF DENTON §
before .e, the undersigned anthar~ty, a Notary Pnhlic ~n and for said State of Tex
a, an
this day personally appeared Perry R. cl~e~11, Ilia or far the fit of Denton kno
~ ~ wn to e to be
the person ~vho srgned and executed the foregoing instrument, and ckna~led ed to
g e that this
strument vas executed for the purposes and consrderat~an therein expressed,
ripen under my hand and seal ofaf~ce this the da ofJanu 2~OS,
~ ~~
ataxy Public in and for the
State of Texas
y or,~ission Expires:
Page ~
s:laur dac~mentslcantracts1~81e1ic river a~reemer~t.dac
STATE OF TEXAS §
COUNTY OF DENTON §
Before rne, the undersigned authority, a Notary Pbl~c ~r~ and for said State of Texas on
this day persena~~y appeared fan of#i~er o 11~ Riper Investments a Texas
l~non to nee to be the persen mho signed and executed the foregoing instru-
ment, and acl~no~vleded to e that this ~nstrun~ent was executed for the purposes and consldera-
tton therein expressed.
Given under my hand and seal of office this the ~ day of ~a~.uary, 2.08.
Notary Puh~~c in and for the
State of
y Commission expires; _
Page ~
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
PROGRAM APPLICATION
Please return completed with necessary attachments end signature to Downtown Development orcce, 215 E.
McKinney no later than 5 p.m. on the Moodsy prior to the 1~ Wednesday of each month. If you have any
application questions, please contact the Downtown Project Coordinator st 940-349-7731. If you have any
building ur sign permilPoisturir prrsrn•atioD questions, please contact the Historic Preservation Officer at
940-349-7732.
• Applicant Name ~ I'~.
• Business 1
• Mailing Address _53 { I ty~l1-l t ~t~s~ SS t~~ I' tU ~.~Ts~l_ i1G ((oZ07 t
• ContactPhone_Z~ti O~-~~SSZ- Email;~+lilress___CF~p~T_W-6~~+~~r o'~k ri_r_~~• o`^~
• Building Owner (jdiJferent from app/icamj o- a-_
• HistoricaVCturent Building Name, ~~ __~r kt R{~C4i_ ~'~-,
• Physical Building Address S rmt~ 4
• Tvoe of Work: (check all that apply) ~f
X_ Fayade Rehabilitation _ Fayade - Paintonly 7~ Awnings
_Signage _ Impact Fee _ Utility Upgrade
• Detaitc of Planned Impmvementc for [Mwntown Incentive Reimbursement Grant:
I'ropnsals :uu1 "total Amounts (please attach or/ginal proposals):
2.
• TOTAL COST OF PROPOSED PROJECT: ~ ZO1 'O~ry f~
• AmuGn-r ur Gwl\'r HEttUl:Sr cu (50:6 uY'TU7aL CUSl eauvEj:_~SV:~
- r-
• Comolete bud¢et detail form attached on ogee 13
.4ftnch x•ith nl( requiter! cn(nr samples ojpaint, awrrirrg/canopy, sign design, eta, as well as
phpld,~rr~,hs ojhrri/d{ng's ertrrinrjacade, roojand foundation.
:r• Signature '+ Dale
BUDGET DETAIL
PROJECT EXPENDII'IIRES CITY FUNDS REQUESTED APPLICANT'S FUNDS TAL
TO
FACADE REHAB ~..~ TT
y
"~,J S,'83S ~ ~ ~~ q3~
AWNINGS/SIGNS ~ ~ GJ ~~~
IMPACT FEES
UTILITY UPGRADES
TOTALS }}
{P ~ ~ } ~~
Attach a=aM cobr samples, model Dumbers (for windows, doors, awnings, etc.), photos and/or sketches of
work to be completed. Please include as much detail as possible.
HOW WILL THIS PROJECT BENEFIT DOWNTOWN DENTON?
DObYNTObVN INCENTIVE REII4IBURSEMENT GRANT
AGREEMENT FORM
IMeaae rebn eomplebd wNi setrarary atbeiseab sad allRnltae b Dowdowa Develoyaeat o16ee, 213 ~
McKlaary tw titer ties 3 pn a tk Moaday prig b tie 1• Wedanday of qei eeatY. If yoo dw aq
appliatlo~ gaedfou, pleas eeobet t-e llosratorra yr'ojeet Coadiaabr st 9MJI7-7131. If you qve say
batldleg or ai~a peraatt/i6lorie preaervaHaa gaeatiasa, ~ toataet tie Nbterle rraaarvatlw Olsnr at
9~tY3~9-T7JZ
1 have met with the Downtown Project Coordinator, and 1 fully underntard the Dowmown Incernive
Reimbursemem Grant Proadtaes and Derails established by the Detnon City Council. 1 imend to use this
gent progam fa the aforementioned renovation ptrojects to forward the efforts of revitalization and
historic preservation of Daaon's historic downtown. 1 have not received, nor will 1 receive insttrarrce
monies fa this mitalization project
I have read the Dowmown Irtcemive Reimbursanem Gram Application Procedures including the
Downtown Incentive Reimbursemem Gram Details.
1 understand that if 1 am awarded a Dowmown laentive Reimbursement Gram by the Demon City
Council, any deviation from the approved project may result in the partial a total withdrawal of the
Downtown Incemive Reimbursemem Gram. If 1 am awarded a reimbursemem gam fa fad awning
a sign work aad the fetiade, sign. a awning is ehered fa any reason within oie (1) year from
cortstruction, I may be required to reimburse the Ci[y of Denton immediately fa the full atnoum of the
Downtown emive Reimbursement Grant.
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In the image above, we are showing a continuous low metal fence along McKinney,
horizontal canopies above the entries and display windows, revealed restored transom
windows above the canopies, signage proportion and placement, paint suggestions, and a
possible treatment for the south side of the building that uses the same flat canopy that is
shown on the front.
Notice how the masonry surfaces have been left unpainted and the the pazapet cap has
been left intact.
3.
Notice the consistent canopy design on the south side of the building. The paint color for
the doors and window can match each other with an additional (dazker) color for trim
details and window sills. The concrete base (shown dark gray) presents a concern for
handicapped accessibility and needs to be addressed with local code officials.
The canopy can be designed/detailed any numnber of ways. If the building owner is
interested in pursuing a horizontal canopy approach, please contact our office and we can
provide further suggestions.
We suggest, tha6tl{e ~2aim<<dhfrs liir the windbt+* frames and U`im heihc same-For 6~~th
stores in.this-suction oPiheblock: Uillcr~•niiation can occurdhroughsignagean~lwin~lou•.
~n~l ys. "Fhc Krick should. ~nct ~~ain, rcmnin unraimcd.
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QCtober 12, zoo?
Ralph Ramsey
Elk Riverlnvestments
3311 N IH-35, Suite 140
Denton, TX 76207
Re: 118 E. McKinney Cost Breakdown
Dear Ralph:
Below is the breakdown you requested for the captioned project.
Roofing and roof-related suet metal
Parking lot repair and re-stripe
Ornamental guard rail along MGCinney Street
Refurbish storefronts (inGudes new storefront and new
wood trim on West and East sides of building, along
with refurbishment along McKinney St)
Awnings (Fabric and standing-seam)
Soffit & fascia repairs
Miscellaneous'
• InGudes:
• Removal of vegetation on South side
• Patch stucce on South side
• Paint South side
• Caulk expansion jdnls in vertical faces
• TuGt-point brick al perimeter
$ 43,126.00
5,362.00
3,025.00
30,508.00
16,522.00
15,704.00
8.800.00
TOTAL BASE BID' ~ ~ - $120,844.00
Aflemate 1: Paint Brick on East space perimeter $ 8,4348.00
ARemate 2: Roofing insulation (2.5' poyisocyanurete R-18) $ 6,808.00
I have attempted to provide enough information for presentation, without getting too detailed.
Please call if you have questions. Please note that the "total base bid" includes the total of our
bid, plus fhe railing bid you requested be presented as part of our proposal. If you have a specfic
format requirement for presentation to the City of Denton, please pass that along, and we will
fortmat k into compliance.
Regards,
" I ~
David M. Morton
DMlm
P.O. RUX (i;i-.-
13J n J'1't7N, 77iYA5 7{~2D2
(940)3S7-?275
PAX {940;1 aR7.-~4fi l
%~
r,
TIM ~ EATL'
8a,'~i~
0
September 2l, 2007
Mr. Ralph Ramsey
EIk River Investments
3311 N. I-35, Suite 140
Denton, TX 76207
Re: Etk River- 118 E. McKinney St. Exterior Renovations
Dear Mr. Ramsey:
We are pleased to provide this proposal for the exterior renovations at 118 E. McKinney Street
located in Denton, Texas. The scope of work is described below.
BUILDING SYSTEMS
Roofing: Remove the existing roofing system to the wood deck, install a nail base, ablack-diamond
base, two (2) plies of Type-IV felt, fdlowed by a modified bitumen cap-sheet. Replace through-
wall scupper fleshings, encapsulate parapet walls wkh modified bitumen membrane, and
replace coping and coping flashing at parapet walls. This price indudes an allowance for
roofing-related carpentry (parapet and roof-deck repairs.) (ALLOWANCE: 53,000.00)
Roofing Warranty: Labor and/or materials for 10.years.
Parking lot repairs: Repair an area (18' x 24~ on the east side of the parking lot directly north of the
dumpster. Saw cut, demolish and remove detxis from site; prepare compacted base, install
reinfordng bar (M3 (~ 18' o.c.e.w.), pour and finish (broom flnish) concrete (Ssack, 3,000 psi
mix)
Re-stripe parking lot: Install new striping using durable paint to indude 19 regular diagonal spaces,
one handicap space with passenger loading zone (hatched space) and one (t) parallel space.
Install nine (9) concrete wheel stops at north edge to protect building
Remove vegetation from South wall and remove from site
,Patch stucco on South wall: Remove one area at base of wall (1' x 12) and replace
Paint South wall
Caulk expansion joint on east wall near south end
Paint bride on East end and East third of front elevation (See attemate, below)
Replace gutter and fasda on South (East end)
Tuck-point brick at perimeter (only where mortar is missing) (ALLOWANCE: 52,500.00)
EAST SIDE
Remove siding and door at entry
Fabricate and install new brick and wood fagade matching front, to indude one (t) 3°4° window and
one (1) 3°7° door with half glass insert
. Paint new wood in fagade (d Attemate I is not selected, matching brick as dosely as possible.)
-Remove wood casing around hollow metal door and replace with brick
-Paint HM door and frame (rear of Engifsh Paints)
~~'Paint steel window
-Install new black fabric awning (using frames salvaged from front center
P.O. BOX 68
DENTON, 7'EiXAS 76202
(940).187-3275
PAX (940) 3R2-5461
J',
. ~I C
DENTON MUSIC STORE
Replace 1/4round at glaring
Repair wood fascia at base of glazing
/Paint all exterior wood
Replace threshold
,Replace fabric awning using existing frames (one continuous awning)
/Welding on awning frames
/Repair soffit/mansard
faint soffit & mansard
CENTER SPACE fEmoty)
iRemove existing awning frames
/Remove plywood from transoms
Repair transom frames and paint
iReplace transom glazing wHh General Aluminum windows, same dimension end install wood trim*
iRemove planters and repair wood at base of wall
~~fFepair door and wood frame
i Replace threshold
/Re-build astragal
/~PeiM all wood surfaces
abricate and install new flat canopy w/ tumbudcles and standing seam steel roof sheets
~epair sofflUmansard
iGPaint soffit 8 mansard
HOLES GENERAL STORE
!Remove plaMeis and repair wood at base of wall
. Repair door below glazing
Replace threshold
~Re-build astragal
iPaint all wood surfaces
~lnstall new awnings over existing frames
install new awning over West window using existing frame
~Repeir soffiUmansard
~PaiM soffit 8 mansard
WEST (AUSTIN STREETI ENGLISH'PAINT
~~Remove windows ~-
Install storefront systems'
- Install wood trim around sto2froM*
Repair downspout y
~ Install new awning usiryg salvaged frame from front, center space
~vPaint all wood surfaces
Repair soffit/mansard
J~aiM soffd & mansard
BASE PRICE: S 117,819.00
This price does not include any iMerforwork.
ys•R pj~J~J~~ G~'C 1' ,i~.~ j'~'e•~ ~;~ i,.;l:r~l 0....,.i~1
Sa-~
JI~GG
'fri1oc ~ C
[p~
~~ I
~ I ~
~ ~i~'
u'I~ibe+ '^ G'l Ri/~e; - 7 i:_ E LI,Hn';ne: sheet E+fencr Eeno•,ah:+ns. Pieppsai
I/i
~ Gi
ALTERNATE 1: Paint yellow brick on east and east end of North sides
Paint brick, color as selected by owner
ADD TO BASE PRICE: S 6,948.00
ALTERNATE II: Install 2.5" of polvisocyanurate insulation on roof IR-19+)
It interior lay-in ceilings are removed with insulating balls. there may be no insulation, unless it exists
between the roof deck and the tin ceiling panels.
ADD TO BASE PRICE: S 6,808.00
This price does not include sales tax. Any akeration from the above specifications, which
involves extra cost, will be executed only upon a written order and will become an extra charge
to the original bid price. All agreements, oral and written, are contingent upon strikes, accidents
or delays beyond our control. Tim Beaty Builders ranies a $5,000,000 General Liability policy
and Worker's Compensation Insurance.
It is a pleasure doing business with you. If you have any questions about this bid, please give
me a call..
Sincerely,
1.~•~-+ r
David. M. Morton
DMfjm
--------------------------------------------------------------------------------------
By signature below, I hereby acknowledge and accept Base bid, as described above for a total
additional amount of S 117,819.00
Date ,Signature
--------------------------------------------------------------------------------------
By signature below, I hereby acknowledge and accept the Akemate I, as described above for a
total deductive amount of S 6,948.00.
Date Signature
--------------------------------------------------------------------------------------
By signature below, I hereby acknowledge and accept the Alternate II, as described above for a
total deductive amount of S 8,808.00.
Date
Signature
E ~ Fr: Sr- t i8 E P•.C Farm. S.-s p.san:: F~na: aticrrs - Fr~~.rosal
Downtown Task Force
8:30 A.M. -October 10, 2007
City Council Work Session Room
215 E. McKinney
EXCERPT OF MINUTES
1. Reviewed a Downtown Incentive Reimbursement Grant Program Application for
118 East McKinney Street and made a recommendation to the Economic
Development Partnership Board
Glover reviewed the grant application and gave a brief history on the project and the
selection process for the grant program. Rivers lead the discussion on the application.
Moses make the motion to recommend to the Economic Development Partnership Board
that the application for 118 East McKinney be awarded a Downtown Incentive
Reimbursement Grant of $10,000 for awnings and the facade which includes the railing.
The motion was seconded by Milncs and carried unanimously (9-0).
EXCERPT OF MINUTES
CITY OF DENTON
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
November 19, 2007
After determiningthat aquorum was present, the Economic Development Partnership Board
convened on Monday, October 15, 2007 at 11:45 a.m. in the Chamber of Commerce board
room, 414 Parkway, Denton, Texas.
PRESENT: Perry McNeill, Marty Rivers, Euline Brock, Denny Aldridge, Stan Morton,
Jerry Mohelnitzky and Gretchen Bataille
STAFF PRESENT: Jon Fortune, Linda Ratliff, Michelle Cunningham, Christina Davis, Brian
Langley, John Knight, Chuck Carpenter, Karen Dickson, and Patti
Temple, Julie Glover
ABSENT: George Campbell
GUESTS: Dr. Vish Prasad, Jason Marshall, Ian Fredrickson, Ed Feldman, and Matt
Lutteman.
3. Received a report, held a discussion and made a recommendation regarding a
request for a Downtown Redevelopment Grant incentive for the Elk River 118 E.
McKinney property.
Ratliff gave a brief history on the downtown redevelopment grant. Rivers reported that this
is a $120,000 project. The Downtown Task Force focused on projects that make a
difference in the downtown. They feel this project reflected that goal and that a $10,000
grant would be appropriate. Open discussion regarding the details of the project resulted in
a recommendation. Brock motioned that the Economic Development Partnership Board
recommend this project to the City Council fora $10,000 Downtown Redevelopment Grant.
The motion was seconded by Aldridge and carried unanimously (7-0).
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECT - Z07-0024 (Wild Mustang Crossing, LTD)
Hold a public hearing and consider the adoption of an ordinance regarding the initial zoning of
an approximately 0.12-acre tract of land from a Rural Residential 5 (RD-5) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district and the rezoning of
approximately 1.39 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district. The site is located on the north
side of Teasley Lane, northwest of Old Alton Road and directly south of John H. Guyer High
School.
BACKGROUND
Applicant: Wild Mustang Crossing, Ltd. Dallas, TX
The subject property consists of three (3) parcels, two of which are zoned Neighborhood
Residential 2 (NR-2) and include approximately 1.39 acres of land. The third parcel is currently
zoned Rural Residential 5 (RD-5) and includes approximately 0.12 acres of land. Refer to
Exhibit 5 (Future Land Use Map) to see the three parcels. Existing and proposed zoning maps
are provided in Exhibits 3 and 4. The rezoning request was submitted in conjunction with the
voluntary annexation (A07-0004) of the northeast portion of the property (0.12-acre tract). The
first reading of the ordinance was heard by City Council on November 6, 2007. The second
reading of the ordinance was heard by City Council on December 11, 2007. The applicant is
proposing retail uses. Once property is developed, applicant will plat the three parcels into one
contiguous ot.
The Planning and Development Department sent notices of the public hearing to property owners
within 200 feet and courtesy notices to residents within 500 feet of the subject property. As of
this writing, staff has not received any responses from property owners within 200 feet of the
subj ect property.
(1PTT(1N~
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this rezoning request (5-0).
F,XHTRTT~
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Information
7. Site Photos
8. Letter from Applicant
9. Minutes of December 12, 2007 Planning and Zoning Commission meeting
l0.Ordinance
Prepared by:
Johnna Matthews
Planner I
Respectfully submitted:
,~"''. ~
~~.~
Brian Lockley, AICP
Interim Director, Planning and Development
2
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z07-0024 DATE TO BE CONSIDERED: January 8, 2008
LOCATION: The subject property is located on the north side of Teasley Lane,
northwest of Old Alton Road and south of John H. Guyer High School.
APPLICANT/OWNER: Wild Mustang Crossing, Ltd
14860 Montfort Dr., Suite 241
Dallas, TX 75254
REQUEST: Consider the initial zoning of approximately 0.12 acres of land from a
Rural Residential 5 (RD-5) zoning district to Neighborhood Residential
Mixed Use (NRMU) zoning district and rezone approximately 1.39 acres
of land from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district. The total
acreage being rezoned is approximately 1.51 acres.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
zoning change request (5-0).
COMPREHENSIVE The subject site is located within an Existing Land Use/Infill
PLAN DESIGNATION: Compatibility future land use designation.
SITE AND There is currently one vacant single family home on the site, which will be
SURROUNDINGS: demolished when the property is developed.
North: Neighborhood Residential 2 (NR-2) - John H. Guyer High School
South: Neighborhood Residential 2 (NR-2) -Undeveloped land
East: Neighborhood Residential 2 (NR-2) and ETJ -Undeveloped land and
Evans Pump Company
West: Neighborhood Residential 2 (NR-2); Mostly undeveloped land
BACKGROUND The subject property is located on the north side of Teasley Lane,
INFORMATION: northwest of Old Alton Road and directly south of John H. Guyer High
School. The applicant is requesting to rezone approximately 0.12 acres of
land from a Rural Residential 5 (RD-5) zoning district to a Neighborhood
Residential Mixed Use (NRMU) zoning district. The applicant is also
requesting to rezone approximately 1.39 acres of land from a
Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood
Residential Mixed Use (NRMU) zoning district; a total of approximately
1.51 acres of land is proposed to be rezoned to a NRMU zoning district.
This rezoning request was submitted in conjunction with an annexation
request (A07-0004) of the approximate 0.12 acres of the subject property,
3
located northeast on the property. The first reading of the ordinance was
heard by City Council on November 6, 2007. The second reading was
heard by City Council on December 1 1, 2007.
ANALYSIS:
Comprehensive Plan The subject site is located within the "Existing Residential/Infill"
Analysis: future land use area. A description of "Existing Residential/Infill
Compatibility" from the Denton Comprehensive plan reads as follows:
"Within established residential areas, new development should
respond to existing development with compatible land uses patterns,
and design standards. The plan recommends that existing
neighborhoods within the City be vigorously protected and preserved.
Housing that is compatible with the existing density, neighborhood
service, and commercial land uses is allowed. "
The proposed NRMU zoning district is consistent with the future land use
designation as described in the Denton Plan.
The requested zoning district, Neighborhood Residential Mixed Use
(NRMU), is primarily a commercial and institutional zoning district which
Development permits uses designed to support surrounding residential areas. Attached
Code/Zoning Analysis single family uses are permitted with limitations to density requirements
and multifamily residential uses are permitted with a Specific Use Permit
(SUP) within the NRMU zoning district. However, single family and
duplex residential uses are not permitted. The NR-2 zoning district permits
residential uses including single family homes and community homes, but
commercial uses are generally not permitted. The differences between the
aforementioned zoning districts are summarized in Table 1.
If the zoning change is approved, the development of the property will be
subject to general regulations of the NRMU zoning district, which include
a maximum lot coverage of 80% and a minimum 20% landscaped area.
The maximum building height is 65 feet and the minimum yard when
abutting a single family use or district, such as NR-3 or NR-4 is 20 feet,
plus one foot for each foot of building height above 20 feet. There are no
front or rear yard setback requirements; however, the minimum side yard is
6 feet.
4
Table 1.
Comparison of permitted uses between RD-5, NR-2 and NRMU zoning districts
Single Family Dwellings ,~
P
P
~~~ ~~
N
Accessory Dwelling Units P SUP/L(1) N
Attached Single Family Dwellings N N L(40)
Dwellings Above Businesses N N P
Live/Work Units P N P
Group Homes SUP N SUP
Multi-Family Dwellings N N SUP/L(4)
Manufactured Housing
Developments P SUP N
~ ~ ~ .,~
Hotels
N
N
P
Bed and Breakfast L(10) N P
Retail Sales and Service N N L(17)
Restaurant or Private Club N N L(11)
Drive-through Facility N N SUP
Professional Services and Offices N N L(17)
Quick Vehicle Servicing N N SUP
Laundry Facilities N N P
Equestrian Facilities P SUP N
Outdoor Recreation P P SUP
Administrative or Research Facilities SUP N L(14)
Broadcasting or Production Studio SUP N L(14)
~ ~ .,~
Bakeries
N
N
L(21)
Kennels L(14) L(37) N
Veterinary Clinics P N P
~ ~ , .,~
Community Service
N
N
P
Semi-public, Halls, Clubs, and
Lodges N SUP P
Business/Trade School N N L(14)
Adult or Child Day Care P SUP P
Kindergarten, Elementary School P SUP P
Middle School N N P
High School N N SUP
Medical Centers N N P
Elderly Housing N SUP P
Table 1 Le :
P -Permitted
N -Not permitted
SUP -Specific Use Permit
Limitations: L(1) =Accessory dwelling units are permitted, subject to the following
additional criteria:
5
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2~ The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5.
4. One additional parking space shall be provided that conforms to the off street parking
provisions of this Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size
is equal to or greater than ten acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater than ten acres.
L(4) =Multi-family is permitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year
prior to the effective date of Ordinance No. _2005-224; or
5. If allowed by a City Council approved neighborhood (small area) plan.
L(10) = Limited to 5 guest rooms, plus limitations in L8
L(11) =Limited to sit down only, and no drive up service permitted. Limited to no more
than 100 seats and no more than 4,000 square feet of restaurant area.
L(14) =Uses are limited to no more than 10,000 square feet of gross floor area.
L(17) =Uses are limited to no more than 25,000 square feet of gross floor area per use,
except grocery stores may be larger with approval of an SUP.
L(21) =Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of
products produced required in this zone.
L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed,
including indoor and outdoor runs. A natural buffer strip is required adjacent to any
residential use.
L (40) =Limited to a maximum 12 units per acre.
DEPARTMENT AND The Development Review Committee has reviewed the application. No issues
AGENCY REVIEW pertinent to the requested zoning change were identified. Denton
Independent School District was notified and the City has received no
objections to this rezoning request.
FINDINGS The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of the
Denton Development Code requires that:
6
1. The proposed rezoning conforms to the Future Land Use element of
the Denton Plan, and
The requested zoning change conforms to the Future Land Use
Designation of the Denton Plan which notes that new development
should respond to existing development with compatible land use
patterns.
2. The proposed rezoning facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public
requirements and public convenience.
Facilities are generally adequate for transportation, water, sewers and
otheN public Nequirements for this development.
7
EXHIBIT 2
LOCATION MAP
EXHIBIT 3
EXISTING ZONING MAP
EXHIBIT 4
PROPOSED ZONING MAP
10
EXHIBIT 5
FUTURE LAND USE MAP
11
EXHIBIT 6
NOTIFICATION MAP
SOD FT
TTE
~D~ FT
Public Notification Date: l l/28/2007
200' Legal Notices sent via certified mail: 5
500' Certified Notices sent via regular mail: 9
Number of responses to 200' Legal Notice
• In opposition: 0
• In Favor: 0
• Neutral: 0
.............................................................................................................................................................................................................................................................................................................................................................. .
~A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
:............................................................................................................................................................................................................................................................................................................................................................. :
12
John H. Guyer High School.
EXHIBIT 7
SITE PHOTOGRAPHS
Northwest corner of subject property looking south along Teasley
Lane (FM 2181)
13
Northwest corner of subject property looking northeast at
Southwest corner of subject property looking northeast
at site.
Southwest corner of subject property looking north at
site.
14
EXHIBIT 8
LETTER FROM APPLICANT
~.
~~
September ~0, ~4
. Lori Sheltton
Pinning Departrnen~t
Planning ~d D~+elopme~t
City Hail IIIIe
~~9 N. ~Im S~kreet
Dentan, Texas 7~2~~
I~Y~ ~.~1+4 ACRD TRACT T~ASL~Y ~AH~ HEAR H~BS~~I
I.AN~; I.~TT~R OF tNT~CN; PRIED Z~HH11~G; -1T~N, ~`E~AS
Lear Ms, Sl~el6an:
This iii serve as our Le~eer ~ 1nt regarding aonirr~ cnge i'Or a
~,5~4 app pct of land iaoated as indic;ebed on tt-e etched ~or~ing exhibit. Moat
o~ property within 24a' of Teastey Road oan#aining ap~rox~nately, was
anrraaasd by Ciky and the mining es~bliahed by the City to t~R~~
. (iweighborhaod i~etait ~~~. APpro~cim~ely ~.~~ IalCr~s of subject tract laid
outside the City 20~` strap mntng and has not bean annexed or ~or~ed within the
City. Ort behalf ~ the t~wner w~ sire r~ul requesting ar~rrexatto~n of .
0.12 Acre Tract preceding this coning strange requestt 1Ne are herewith
requestsn~ ~e~onin9 ~ the 1.39 Acre Stte and zoning of the ~,1 ~~ a tract's a
.. ~ common zoning ~ IVeighborhvcd Retail Mio~d lase ~NRi~U~. In supPork ~ his
coning request, w~ are providing irrrormatian regarding access and public
u~iit~s as tom:
t. Aces: Th$ property fronts Teasley Lane and currently has an exis~ng
driveway ca~nac~on'~ are e~sting reaiderrtiel home. there is ample frontal far
$afe cot .
~. Public I~Ya Public Vvater ie cumendy loed~v~ithin Tuley bane fi~arr{ing
the property.
3. Pubic ~ry Suer. The exng~ r+asiderl bane ~ cntiy or~ private
sewe ern. Public aanitary 5ewar is laced in area downstm
of.the Property but has not been ex~errded ~ the grape as y~, .
15
16
EXHBIT 9
PLANNING AND ZONING COMMISSION MEETING MINUTES
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Page 15
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7 A11 in ~~v~ siy ~~ rai~rg your ti~hl had. 7
B ~p~s ~
A wu w~~d li.~ ~ pu~li~ ~
i~ ~~`i~g. 'I'h~ iten7 ~ t,1~ p~iic heating i$ fni.ti~l t~
1 ! rit of appr~l ~ ~~. gyres lm~ fir a 1 I
1~ Ruraf dial ~I~• ~ di~i ~a the ~ 1~
1~ ~ Flan~d ~~Qeity ~nit~~ district, 13
~~ . ~..I.: I~r, , staff wa~uld ~~
~~ ~attti~etn~~id ~~
1$ Yi~Gnt 1.lCftll the ,T~ ~~~ ~ ~ ~~
1'~ ~lanaing ~ p] ~ 1~
~~ ~I4IIIt~ LEAN: '• 1$
1~ 1!~+ilL ~RA~E; If cold, the ~ 14
#o ~a cl and puhl.i~ g fir phis. Aid ~U
~ 1 t if is ~ n~d~n ~ p~ t until t,~aC ~1
~~' pan ham a vaFte ~t a~ad ~~
it ~ y tea with~~ h~ to ~act#i~. ~~
~~I~hi$~ ~AL~1~I~: ~. 0
~~ ~U~~iG hr~in~ 1~ r ~ ~[ ~~ I s
~T~I-~ ~L~ AID ~` IT
~ ~
21
~~ ~
P 1 Pie ~
~ ably ,1 ass ~ eigrld
~ i~ A+d TJe~ 1 ~ ~ I~~r1d 3
4 ~~ ~ ~~ ~ ~
~ r ~ . [fir, F -~
~ last its, the ' w~ rmtn~n~, ~ gam, firs ~ .
7 that the pub~i.c ~ be aspen and t~uk p~adiryg that, 7
S w~u~d rrm~nd that h~l~ uur ~
~ ~~t ~ t Jay nth, ~~~ p11.~ ]rite. ~
1~ ~Ixd~NBR SA~Lg'l~h~; okay, '~'be p~hli~ 1 ~
i~ is nv~ . An~r ea~en stia~s? Ida I ~ 1
1~ her a ~'~ 1 ~
~~ ~IB~'rrridA~; i m far ~. 1
~4 ~~ . I eve the the item 1 tpd mil 14
1~ ~aeti nn January t1x .. ~ 1 ~
~~ , ' 'iri11'11l~RI 1~11iPf ~ ~]],$ ~~ ~
~~ ti of ~at~ry ~. I ~ 7 iS
1~ ~Y+i LAB: fond. ~~
~~ ~Ii~R EA~IEI'~N: ~. ~n~ b
~1 ]fir. Lam. Ali i~ fav~ sits rata car rat ~1
~~ hand. o p~+es ~. ~~
~3 ~ ~ ~3
~4 ~~
~~ ~~
~a~e Pic 4
1 1
~ ~
~ ~ ~ ~
4 4
~ ~ ~
b ~ ~
7 7
~ ~
iD 1~
11 ~1
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1~ 1~
14 ~ 1~
1S 1~
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17 17
1$ 18
1~ 1~
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17~ ~1]I~T~r ~ 'I ~ ~ 1-~-~~T Pad 1- ~eg~ ~
22
C',andenseit! ~`
~ ~ ~ ~
1 ~orr~ ~4~..E~rr: Itd~a ~ is the I
~ ~p~ ~,T~it t ~11~w a ti~a~l~r relment in
~ a I~~ Rtial Mixed Use i ~ ~
4 This ~ ~.l~~cne I~~ is l~cat.~d ~a 4
~ nth ~~ Ivlinn ~ ~e,st ~ ~ paxk i~ ~ .
~ tl later within a eiorhaad p[tlt1~ ~+Iix$d ~
~ ~ 1~ 7l5f11ri~ di.ri.~~ 7
~ Ri~S r. {~r~ Knee agar we $
~ wed reaQmmend that this ~a ~ ~ a~v~.t ~
i~ ~ti1 J~u~y tie ~tb, ~4$ with t~ ~u~ ~ I~
11 open. 11
1~ G~M14dI5SIiF1i EARN: . Tha puhli~ 1~
~~ - i~ open. cs~.a~s? its? I I hear ~ i~
1~ n~tio~7 14
1~ ~+D~~iEEt ~.: ~ males a m~ti~ that t ~
1 ~ tahl~ uQti,~ ~ ~ ~
1~ ~O~IiEk ~A~t: ~vtntio~ has been 17 .
iS c by~I~r. Lyl~c that w~ t~bhr t~i~ Jauu . I~ 1S
1~ i T ~ SCaa~d7 ~ 1~
~ ~x~: mud.
~I ~QIR~~IE~ EA~LE'T: ~n~1 ~1
mmi$~i ~'h~a~. All in fiver ~fY bI+ r~~ you
right hid. s. finder ~d eu het a ~ okay. ' ~~
2~4 v~t~ ~a~s X40. ~4
~5
~ ~ $
1 I
~ 2
3
4 4
S ~ .
~ ~ ~ ~
~ ~
~ S
~ ~
1~ I~
11 11
1~ 1~
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o
~~ ~~
a ~~
~~ ~~ .
~~
~E~T~I~ P~ 1 ~I AEI, EI~T f -1-~'~ ~a ~ - Page
23
aa~It! ~`
Fad ~
1 C~1'R 1L~'1T; Item D iS t
~ In~.al ~f apxirna~ly .1 e~re~ of Ind ~
3 1t~1 ~~iati.al ~ -- tl~t'~ ~ hard a to sa~r - aam
4 district ~ I~el`ld ltcsial Nfiaed Use ~nin~
~ distri.ck rraia~ ~f` apply I.3~ gyres ~f 1
~ fry a Tbar~ad sid~nti.ai ~ distn.c~ ~a ~
7 I6onc~od Resi~ntial i~Ii Use ~ni dislti.
8 s.I4~a~ev~s.
9 s. w~: 'Ink you The property
1 ~ xd ~ lamed ~1 ~ sib of Teasle~r
11 I aa~ t ~f 1~ R. ~~ t is
1~ a f~Y home > on tl pe~e1 which aer~it~~
1 ~ to the np~i witl be delisted.
t~ Joixrx I~. uy~er Hid ho~Ol is directly
I~ nth of subje p~apexty, 'I'l~ 1~~ to
1 ~ west i$ ~vned ~ I~lectric Ualiv~y a~Ir. "Ihe
1'~ ~ the is vac~t. F t is
I$ 13s Karp aany~ t~cy a~lsa ~.i~ vacant land
~~ ,
T~ ~ s i~ mgstly vacant
~1 hQnver, It~n l~ l~arlc i~ lamed ~f
acct ~~.
2~ As you n from t~ rip, Est
~4 #~ subj # p;'ty ~1R~ I~rd lsitiai
. 'T'he apps .1~-ate tract ~f laid lid
~~
1 ~t ~f tl~ subject l~~ e
~ itrGa lvii. Its ourt~k Ming ~ its i.riitial ~atring
~ 5 I~ul sideutial,
~ Tl~ fiat r of t anne~a~~a
~ ~ ~rdirfe way by tilt it as ber 6th, ~~0'7.
~ The ~eao~d rea~~ teas hid h'Y pity Caunal nn r
'~ 11tI~ ~~~?~
$ 'I"he s~uraundi ~nin~ is ru. T~iis is
~ future harnc ~ Faith TJui#ud ~~ ~h Air
1~ the ~ ~ IliverY P'~ It's ~ and elan
11 in the ETJ.
]~ Bath para~ls ~n ci~Cr sib of Old luau
1~ Rid a~ ~ ha~~ad iatial I1+C ~,T. 'i'bis i
14 Dt~ ~r l~ueis~ lark Indu~rial r FiaYr~nt.
i~ This property 1 ~ct]l~r I~ld A1taa~ Ir~d~sttial
I~ P~~~ And, ~~Y1~11S1~, C ~ is pt~ loc~od
I'~ wrtbia EI'J.
1~ The aPplint i~ pm~posit I~Rb~if1 fit
t~ ~t~ ~,~•3[~ $l~t Wl1lCh ~ I
pa~~~~ rill, ~C~, 2'~5~
~1 The pr~p~rty i~ ignet~d ~ an Etin~
~ Ind I.I~llnfill ~patibility filhn7e end ~esi~dtii
~~ in the id's futa~re plan. a, ess~nti~1]}~, ~a~puia~
~4 e fits i~ with ~ e~isti~ charaat~r of the stns.
A~ I'Il r to f I]cn#an Plan whet
F~~Ce 31
1 Eaistimg Ltd U~Jlnfill mp~tihili futua~ lid use
~ clas®f'i mss.
3 "i e~~b1d ridtial } new
4 development sh~l~ rip ~a e~is de~elo~ment with
5 ~i~e lid ~s ~ea~, aid ~ s1~ad~rds.
6 plan ~ that ~xiatit~g ncigh~s wi#~n
~ pity be vi~~~s1 prate and preserved. ~~using that
S is ~mpadble with e~fii~g density, aeb~ho~d
~ iee~ and tru~~a.a1 laid u~ca is alla~vcd."
1~ Tint said, taf~ in supgart ~f the
~~ i.~g fr~a x~ ~ a ~•~ to x.r.
1~ 'T'his j gev~es a haa~f codmpa ~
~3 aial it in ~, the ttt ~nin~,
14 ~- A~ y ~n s nit ~ ases nit
1~ permitted in IwiR•~, why, the uses p~rmattl ire
1~ xt[.l with limitati cr specific putt d tle
17 limit~ti.a~ prnvi.ded to ynu in y~ badoup.
1$ This i~ east ~ few phis of ail
1~ side. 'I'he first i~ the ~thwe~t earner ~ at
~0 tuba ~. dyer Hi~ ~1F Tim ~ John H.
~1 ~r1. This is the nw~est rner low south alb
~2 ~ ~~~. '!'his is the of thn aanexatian and ~ryjug.
~3 'This ~ t~ s~ut~ 1~ rthe~t. 'I h~u
~4 ' ~ dy as the Arty which will be dcm~listl.
~ AEI his the t r lnal nc~th at
I site,
~ ~~ o~ p~~lic h wet seat to
3 pry nvs within Q t oaf t~ par~perty, ineludiag
4 Ivan Independ heal I~istri. and cry t~tiees
~ e seat to ~ with ~4~ feet of subject,
~ And ~f this ~~ ~ ha$ ant nive~d a
'~ resp~ans~ ~it~r way,
~ And a~ I me~~d eaalicr, ~#'f'
~ ids apprnv~l ~f the q~d it~~ ~ as the
i~ finding tb~ the use and depm~nt standard
11 aantained vrith the pn~ I~Ri~1 pair district~arc in
1~ chara~t~er v~ith tlse a~jt ~ni. And this requ~k is
s 1~ ~n 1 with # D~artoa futr~ p1~n.
14 'The applicant's ~tativc is
1~ I Can nas~cr any questions, if I ~Y. If I cap.
1~ ~ ..Err; I we have gay
17 qutis far ~
1$ ~,~I~#ER TFi~Ad*A,S~: yI'.,.~yw~i8ng to ask
1~ W~ Nk iL~J WiLLl LLiG p~r
~~ ~l~t ~ J1a~t r~i~d It wow Y 1 'C
~i pli~1e ~ ask the applicant, t]> yau,
~~ r~. ~: Okay.
~~ ~ ~'~x; Th~,~ yin, s.
~4 ttl.
~~ fir, e'11 n the public Ding.
i~a~ ~ - ~a~~ ~
24
Coade~elt! T"
~ Fiat of ~1, i.~ the a~piieant ~ De try t~
~ spy? .
3 hdt~. LAIdB: 'I'l~nk ynu.
~ ~~~ err, ~ ~u'u
s y ~, yF
~ ut~. ~1B: , sir, ~+fr, airman, I'm
~ ~lllrs I with ~ A~ieute~ G~~9 E1t~ ~ F~
8 Texas. Ate I'in henc tight nn hchalf' of the appli~mt,
9 Y~~ld i~#aug messing, ltd, I ~r hey clic~t~ ~ u~
1~ with ~~ ti's a .
~ ~ A y~ t hay tt we11
1~ prnte~ all of to y toait. I rally just donlt
13 ~}' lmusual iaeaea I ~ thug of ~~- ~nc~,
t~ Y. I' ~ fat that %~ ~ tl~ raan
1 ~ theme that kind ~f n~trat that theme will nit he
1~ 3s fin this site to the 5eh~ I that that milt
~7 thing of ~nrn with the won.
I~ As far a8 use, tire's rYO foal
1~ at this time. It Wight be a d plate for ~u
cti~t, I d~~~ k we~~ jug ~ wait
~1 yard .
I dan't tea prC this
~~ than ~ t~ fut~ne, yon 1, T~wsl ~ ~~i is ~
~4 he im~~vad a~ tie ill be ~ ~ at the
~~ Schaal drivov~ry. Y'm pretty conf`it #haot will haven.
~4
I ~l~ ~ilt~n, t will be a driveway #>
~ ~vil~ probably nul ~cc~s fr- the speeifi~
~ tough abxittit~g sib ~ - p~~a~1y whcn t1~
4 ~i~pat eee~trst it v~ilt mut<ial aecese to than
~ opeu~~ ever ~ Ait~. Tt~r+e 't he
~ driveways ea+.uae r won't a~llc~w tlx~ sa Gk's dust ~t
'] g to a oared or aetti piece of p~p~tyF
$ It's a sits.
~ I ~ tl~t's $11 I havc to sue, urn
t0 yat~ have moans.
li [~~I~NER ~~: may, I we have
1~ ~ ~ for the applies? I mess tit" s it4
1~ ~ you,
j4 : Thank yaa
t~ ~slox~ EAl~IEN: Aid thaot
1~ aal}~ it'd tlraot w~ > qtt t its
i~ ~ d~ro mop ~f ash if
tg t1~~ ~ to in ~~ Any yak
1~ in st:~ Anlr to ~ in
. firing n~ane, ia..tbe~ pane #~ ~
~1 ~ oo~iti~~ Any~e to speak in oppositi,~? ~ ~
seek in ~padtiQn?
~~ Irittig mac, we'd e1 public
4 h~rin~
~~ I I h~ a mntic~'~
~~~C ~~
~ Q~A+ih~SSII~'sR TH4Ii ~117C~ tl~ ~Ql1lG5
~ ~ w~~ sc wetll just d~ ~t t~ ald fealn~ ,
3 I movwc f~ va1 bated u f$~t
~ tit ' tl~ o~t~hcr propcs ~ #hc have ~
~ ~~ yea ~.
~ ~x I.1~'i~x: okay, Tha moti.cn
'} der t~ apgrave. I.~a I hear a
B sec~tl'~
~ C~~t~1 era; ~n~.
1~ ~(?I,SI(}i~iEA~xLEI~N~ ~
11 i~ianer . Please siy dour v by z~ .
1~ yvur ri~t - All opppsed. ~ mac, the vat
13 ~~aes ~~.
I4 And I think ~ other ~t~ls# I thin
1~ #hat ccnols r m~kir, Ike have any new irress
1~ Ga attend t~a7
17 I ao call tk~s ti ~ $t ~;~~ p.m.
1$ 'I'hatdC yau.
t~
~~
~1
~~
~~
~~
~~
DI'II~ ~~h1I1~ ~I~iIl~~ F~ ~-1~7
Pay - P~~ ~
25
EXHIBIT 10
ORDINANCE
~T~rT ,
AID ~1TI~~ F THE I'I' ~F ~E`~T, T~~a ~II~ F ~~
HAS FR~I~i THE ~TIl~1 F,IHB~1~H~I~ II~'IL ~- X11
i~ITRI*I' LAIFI~iTIO AID [~~ ~~~~"~I~ ITT ~ Fi~'1'~I~ ~
~T~i1iIT IlT ~~ Il 1~~TI~~ FO1~TI~1~~ NTH ~~Ti~ T'xETI~E
II~lPTI ~~~' 1. 111 OF il~]~ LTE~ ~I~ TIE IitTH
~E ~F TE~i~ i~ ~ 1 ~1~ ~]U ~1THET ~F O~ LT~r~ R: ~
I~iTIl~Cr THE Il~~i ~F T IE~ ~~i CTD~ THIS ~iHB~H~
IIr IVlii~ ~~ ~~ ~Cx DITI'i' ~I~I.TI1 I~]~ L~~
D~~1T~~; ADD F[JRTI~I~ FIl~ F~ ~LT3~ III THE I~L~Ti
IJT F ~,.~~ FRIL~A'FII~ THE~E~F, II I~I~ ~'~'IE
DTB. ~~?- ~ ..
r ilk ~ r~~ i~t,, 1i f~~ ~ I~~i~h~~ l~sld~n~al
Mix L~~~ ~Cl ~ d.is~rit ~~a~i~i~i~ end u~~ ti ~~ima~ 1.~ yes
~f1~ ~ ~i,~n ~f whiff i~ ~lur~ti~~~ih~~rhti.al ~- a~1~er
awaiting initi~~ ; aid
~EA~ ~mher t # ~, air ~~lu ~ e~~til ~u~1i leg to
~~ with 11 qui~ement the Fig ~~n ~ ~ ~f
a~~ iti~1 p~~}~ #i.d puhli~ hearing in ~ its 1~1
raquir, the i~ ~~m~il fins that tie ~ is ~t~t t~ # I~et~a~ Flan a~~ the
~~v~1~~ er O} TFRE~
THE T.7~ F THE ~'~` ~F i~~TI~ HERB ~1~: ~ .
ETI~ 1, The his a its ~a~ i~ ~ ~~1~ ~~thi~ ~rdi~:~ ate
inc~p~rat~d herein ~ f as a.e.
ETI , T1~ ~~ning ~iit ~1~~~~i~~tia~ ~ ~~~~n i . ~ 1 acres ~~ d
m Fti~iy ~i~ri in Ex~ihit ~`~ ~~ ~i~ in Fibit `~~~, b~t~ ~~h~ ~tta~h
her ~~rate hin ~ re~~ ~ "~~~'~~ i~ ~ ~h~ng ~a ~r ~sta~~ia~
~ I~~~~h~ dal Mixed ~s~ ~ ink ~i~t Ali ,
'~ tl a~t~h~d real pa~pert ~ti~n, ~Y ~~ n inclu~~~ ~1t
~r~p~rt to the ccnter~in~ ~f ~1 ~~ street ~i~~ ~.
4
~'I1 . The its ~~i1 ],~n~ is h~ ebb amp ~ ~ e ~ ~ i~
~~ l.~n~ a ~caigtian. .
FT , If ~vi~~o~ ~~thi~ ~r~in ~r ap~li~a~o~ ~her~~'t~ ~~ a~
ei~oe i~ hI~ inva~ ~ any ~, invaii~ity sh~~ riot a-t alit ~f qtr
vi,~ ~r ~pp~c~ns~ and to t~i~ ~n~ the pm~ia~ ~~t~a.~~~e a vb~e.
26
FT~I~ ~ A p~r~~n ~ia~a~n and p.~avi~ion ~~ ~~ ~~ ~~
~n ~ yam ~ cdi ~4.~~{ Fah dip t~ ~ ~~~vi~i ~#`~ ~~c is ~ia1
F~'I~~1 . "~`hi~ ~r~ic~ ~1 ~~ ~~o ~ ~~4~ ~ fmt t~ ~f~#~
~r~lh~d tai in t~ ~~~ ~~~~1~a ~ 1 ~ ~ i~ ~,
~~ ~
~t
~P~ ~ ~" ~
r~
27
.f ..-
~I~~
~~~
~E~ 1~ ~ ~~ ~ ~ ~~~, ~~ ~~
~ ~l~yi +#~I.~[Ty~~f •~Ely^~}' ~N 11~E ~EH[}~y~ ~~r ~ ~ ~ ~[..J~~r#~ ~ i`E~k~I.EY
' ~`ry'~~~.'+.~ypr~lJ Y1i4~~~1yyy~~~ ~F~~F7*ple ~ 7.1, ~~{~.~{ R
~1-~EE ~ ~#~'° 1~'~1~'a`~ T ! ~ ~I~d ~``!' ~kN `I~IE-
1~IE~T ~~1~1~• ~ EVE ~~, ~~~.~ I~ET T~~l ~~" ~ ~ hID
1~ ~ P ~T~1+P.~ ~f, ~~ T~-IE T ~~ ~F I~
E~ 1~'f ~I I~ ~`!~E ICI Rf~~~ ~, ~~~1
~1-IE RIB
~IiEE AID ~ ~~~ a ~ ~A,~~ ~1 ,
~ S~l~ ~I#~M-Ti 1~fE T~ FAT I ~ ~
t.l~ •
.1 ~. ~•~ * 'IV
~?'i{= ~.
°•' •• L:i . ~ti •.••r
' ~ ••'~ ':.mss..
r ~
+ ~rf'+• TJ I . ~~ ~ _ , fir. .~
i L.iFR.+,~}
28
~~~~ ~
EXHIBIT B
LOCATION MAP
29
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene
SUBJECT Z06-0029 and Z06-0030 (Rayzor Ranch)
Hold a public hearing and consider the adoption of an ordinance regarding amendments
to the Rayzor Ranch Special Purpose Overlay District encompassing approximately 410
acres of land located generally on both sides of U.S. Highway 380 (West University
Drive), between Interstate Highway 35 and Bonnie Brae Street; providing for a zoning
change from Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed
Use (NRMU) zoning districts to base zoning districts of Neighborhood Residential
Mixed Use (NRMU) and Regional Center Commercial Downtown (RCC-D) for
approximately 87 acres of the site south of U.S. 380 as well as amending of the
development standards for the Rayzor Ranch Overlay District and establishing
development standards (including but not limited to permitting single family detached,
single family attached, multifamily and office uses) applicable to a portion of the subject
property which lies south of U.S. Hwy 380; and amending Chapter 35, Subchapter 7 of
the City of Denton Code of Ordinances, "Denton Development Code", "Special Purpose
and Overlay Districts" to amend section 35.7.13 "Rayzor Ranch Overlay District".
BACKGROUND
Applicant: Allegiance Development Dallas, TX
Allegiance Development has submitted a request to rezone a portion of the Rayzor Ranch
Development and amend the existing Rayzor Ranch Special Purpose Overlay District.
The entire subject property encompasses approximately 410 acres of land located
generally on the north and south sides of U. S. Highway 3 80 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street (See Exhibit 2).
The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is
currently undeveloped except for a vacant self storage facility (partially demolished) (See
Exhibit 3). The applicant proposes to construct a combination of retail and single family
residential uses (See Exhibit 4). The parcel south of U.S. 380 contains approximately
257 acres (Southern Tract) and is undeveloped (a single family structure was recently
removed) (Exhibit 6). The applicant is proposing to develop a combination of retail (pad
sites and an outdoor mall), residential (single family and multifamily), two hotels, offices,
museums and park uses (See Exhibit 7).
On March 27, 2007, the City Council approved a Comprehensive Plan amendment for the
Northern Tract from "Neighborhood Centers", "Existing Land Use" and "Community
Mixed Use Centers" land use designations to "Regional Mixed Use Centers" and
"Neighborhood Centers" land use designations. The Council also approved the first
phase of the Rayzor Ranch Special Purpose Overlay District for the entire 410 acre
Rayzor Ranch site and a rezoning of 53.65 acres of the Northern Tract from
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed
Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base
zoning district of Regional Center Commercial Downtown (RCC-D) as modified by the
Overlay District
On May 15, 2007, the City Council approved a Comprehensive Plan amendment for the
Southern Tract from "Neighborhood Centers" to "Regional Mixed Use Centers" and
"Neighborhood Centers" land use designations. The Council also approved the second
phase of the Rayzor Ranch Special Purpose Overlay District which amended the
standards of the District and provided for a zoning change on approximately 223 of the
total 410 acres of land within the District from Neighborhood Residential 6 (NR-6),
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed
Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base
zoning district of Regional Center Commercial Downtown (RCC-D). The zoning change
request included approximately 53 acres within the Northern Tract and 170 acres within
the Southern tract.
The City Council is being asked to consider the third phase of the Rayzor Ranch project
at this time, which includes the following:
1. Rezoning approximately 87 of the total 410 acres from NR-6 and NRMU zoning
districts to base zoning districts of NRMU and RCC-D as further modified by the
Overlay District. The subject 87 acres are located south of U.S. 380. No
additional rezoning of the Northern Tract is being_proposed at this time.
2. Amending the 410 acre Rayzor Ranch Special Purpose Overlay District to make
minor modifications and corrections as well as incorporate new standards that if
approved would:
a. Permit single family detached (up to 185 units), single family attached (up to
496 units), multifamily (up to 750 units) and office uses in the Southern Tract
subject to Section 35.5.9 of the Denton Development Code (see GENERAL
ISSUES, Residential Development below).
b. Correct the zoning boundary description to match subsequent plats.
c. Replace the Master Site plan with the most updated version to reflect the latest
development layout.
d. Add language that clearly defines park and open space maintenance shall be
by Homeowners Association or Property Owners Association.
e. Ensure all ordinance exhibits are correct.
f. Correct conflicting language between wood fence and masonry wall
requirements as they are located behind the large retail boxes.
2
g. Delay requirement to install buffer landscaping on Bonnie Brae until after
DME substation and a proposed 36" waterline have been completed.
h. Allow residential phases to move forward conceptually, require detailed site
plan at a later time.
i. Require Specific Use Permits for all gas well development.
The final phase of the Rayzor Ranch rezoning and Overlay District amendments should
include the remaining 46 acres of the site north of U.S. 380 on which single family and/or
drainage facilities are being proposed. The applicant's request for special sign
consideration will also be brought forward for public hearing at a later date.
The properties surrounding the entire 410-acre site are being sent notices for each phase
of public hearings since the proposed standards affect property on both sides of U.S. 380.
Public notification information is provided in Exhibit 10. As of this writing, staff has not
received responses from property owners within 200 feet of the subject site.
PRIOR ACTION/REVIEW
1. December 6, 2006 Planning and Zoning Commission Work Session Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding
Proposed Rayzor Ranch Overlay District
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District
7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Northern Tract Comprehensive Plan Amendment and First Phase of
Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended
approval 7-0)
8. March 27, 2007 city Council Public Hearing Regarding Northern Tract
Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District
(The City Council Approved 7-0)
9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive
Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District
10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding
Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor
Ranch Overlay District
11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of
Rayzor Ranch Overlay District and Rezoning. (The Commission recommended
approval 7-0)
12. May 15, 2007 City Council Public Hearing Regarding Completion of the
Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay
District (City Council Approved 7-0)
13. November 28, 2007 Planning and Zoning Commission Work Session and Public
Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning.
(The Commission recommended approval 6-0)
(1PTT(1N~
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval.
EXHIBITS
1. Staff Analysis
2. Aerial Overview of Entire Subject Property
3. Aerial of Northern Tract
4. Site Plan of Northern Tract
5. Existing Zoning for Northern Tract
6. Aerial of Southern Tract
7. Site Plan of Southern Tract
8. Existing Southern Tract Zoning
9. Proposed Southern Tract Zoning
10. Notification Map
11. Public Notification Responses
12. Tree Mitigation Plan
13. Architectural Guidelines
14. Drainage Exhibit
15. Approved Conceptual Zoning Plan for Northern Tract
16. Approved Conceptual Zoning Plan for Southern Tract
17. Proposed Conceptual Zoning Plan for Southern Tract
18. Planning and Zoning Commission Minutes -November 28, 2007
19. Ordinance
4
Prepared by:
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Chuck Russell, AICP
Planner III
Respectfully submitted:
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Brian Lockley, AICP
Interim Director of Planning & Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANAL YS/S
CASENO: Z06-0029, Z06-0030 DATE TO BE CONSIDERED: January 8, 2008
LOCATION: The property is located on both sides of U. S. Highway 3 80 (West
University Drive) between Interstate Highway 3 SN and Bonnie
Brae Street
OWNER/ Allegiance Development
APPLICANT: 14881 Quorum Drive, Suite 950
Dallas, TX 75254
RE VEST: Consider the adoption of an ordinance amending the Rayzor
Ranch Special Purpose Overlay District encompassing
approximately 410 acres of land located generally on both sides of
U.S. Highway 380 (West University Drive), between Interstate
Highway 35 and Bonnie Brae Street; providing for a zoning
change from Neighborhood Residential 6 (NR-6) and
Neighborhood Residential Mixed Use (NRMU) zoning districts to
base zoning districts of Neighborhood Residential Mixed Use
(NRMU) and Regional Center Commercial Downtown (RCC-D)
for approximately 87 acres of the site south of U.S. 380 as well as
amending of the development standards for the Rayzor Ranch
Overlay District and establishing development standards
(including but not limited to permitting single family detached,
single family attached, multifamily and office uses) applicable to a
portion of the subject property which lies south of U.S. Hwy 380;
and amending Chapter 3 5, Subchapter 7 of the City of Denton
Code of Ordinances, "Denton Development Code", "Special
Purpose and Overlay Districts" to amend section 35.7.13 "Rayzor
Ranch Overlay District"
RECOMMENDATION:
Planning and Zoning Commission recommends approval.
ZONING Neighborhood Residential 6 (NR-6), Neighborhood
DISTRICTS: Residential Mixed Use 12 (NRMU-12),
Neighborhood Residential Mixed Use (NRMU) and
Rayzor Ranch Overlay District.
COMPREHENSI VE PLAN
DESIGNATIONS:
"Neighborhood Centers" and "Regional Mixed Use
Centers"
SITEAND SURROUNDINGS: The property is currently undeveloped.
6
North: Neighborhood Residential 3 (NR-3), Neighborhood Residential
Mixed Use 12 (NRMU-12); Office, Townhome, Single Family
Detached, Undeveloped Land and a Church
East: Neighborhood Residential 2 (NR-2), Neighborhood Residential 3
(NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12) and
Community Mixed Use General (CM-G); City Parks, Retail and
Single Family
South: Downtown Commercial General (DC-G) and Regional Center
Commercial Downtown (RCC-D); Hospital and Office
West: Regional Center Commercial Downtown (RCC-D), Community
Mixed Use General (CM-G) and Industrial Center Employment
(IC-E); Retail, Commercial, Lodging and Undeveloped Land
BACKGROUND INFORMATION:
Northern Tract:
The applicant is proposing to develop approximately 892,000 total square feet of
commercial uses on the Northern tract which will consist of 454,000 square feet in three
"big box" retail centers 287,000 square feet of smaller "junior box" retail uses 100,000
square feet of stand alone retail, office and restaurant uses in addition to approximately
112 single family detached and attached units (townhomes). Two gas well pads are also
proposed along the north side of the subject site. The retail portion of the Northern Tract
will comprise approximately 107 acres with the residential area using the most of the
remaining 46 acres.
The Northern Tract will also include approximately 9 acres of open space that is being set
aside to serve primarily as a drainage and water quality feature (This area may increase in
size). There is also a large water mitigation area being proposed on the northwest side of
the tract. The applicant has worked with staff to utilize the latest guidelines from the
North Central Texas Council of Governments regarding control of the materials that
typically flow off of commercial property during storms. The water quality feature will
be the first of its kind in Denton and will help prevent materials from entering North
Lakes pond across Bonnie Brae Street from the site.
The approved commercial zoning for the Northern Tract is based on the Regional Center
Commercial Downtown (RCC-D) zoning district as modified by the Overlay District.
The permitted uses have been modeled on the attached Master Site Plan (Exhibits 4 and
7) The request to change the base zoning for the proposed single family residential
subarea will be brought forward for public hearing at a later date.
Southern Tract:
The applicant is proposing to develop a total of approximately 1,166,000 square feet of
commercial uses on the Southern Tract which will consist of 450,000 square feet in three
large department stores, a junior anchor and a book store; 419,000 square feet of retail,
theater and food court uses incorporated into the outdoor mall; and 234,000 square feet of
stand alone retail, restaurant and grocery store uses. Two 8 to 10 story hotels, a
continuing care facility and approximately 360,000 square feet of office space are also
7
being proposed. Finally, the applicant is proposing to develop approximately 185 single
family detached units, and 496 single family attached units (townhomes) and up to 750
multifamily units on the Southern Tract. Two gas well pads are proposed along the east
(Bonnie Brae) side of the subject site. The Southern Tract will also include
approximately 18.21 acres park land which includes a 15-acre central park that is planned
to contain an outdoor entertainment facility and one or two museums.
The proposed zoning for the portion of the Southern Tract that is under consideration at
this time will be based on the Regional Center Commercial Downtown (RCC-D) zoning
district and the Neighborhood Residential Mixed Use (NRMU) zoning district as
modified by the Overlay District. Staff is recommending the permitted uses be modeled
on the attached Master Site Plan (Exhibit 7).
GENERAL ISSUES:
Trees
The applicant will plant as many trees as possible within the boundaries of the Rayzor
Ranch development (Exhibit 12) to mitigate for previously removed trees on site. This
exhibit was approved by City Council as a part of the first phase of the Overlay District
on March 27, 2007. A 15-acre park is proposed within the Southern Tract that will
provide an opportunity for new tree planting. Staff has also provided the applicant with
off site tree planting options in North Lakes Park and along the median of Windsor
Street. An escrow fund to cover the cost of the mitigation trees will be required through a
developer's agreement. To date this escrow account has not been funded by the
applicant. The applicant has been reminded that building permits will not be issued for
this development until the escrow account has been funded.
Architectural Design
Subchapter 13 of the Denton Development Code regulates the site and architectural
design standards for residential and nonresidential development. Staff has encouraged
the applicant to provide a unified architectural theme throughout the proposed
development to enhance the special nature of the proposed development and help justify
the need to modify the standard regulations in the Code through the use of a Special
Purpose Overlay District. Some modifications to these Code requirements have already
been approved to accommodate their development. Some of these modifications are less
restrictive than the Code and some are more restrictive. The retail structures will be
required to provide building materials and colors on walls visible from streets that exceed
the current Code requirements.
The final text for staff's recommended architectural guidelines will be brought forward
with the next phase of the Overlay District for consideration. Staff is recommending
that prior to the issuance of a building permit for any use other than retail, final
design guidelines must be approved by City Council. In the meantime, elevations
were previously approved and are attached in Exhibit 13 that establish guidelines for the
retail development until the text is adopted. The standards for the big box retail were
approved by City Council as a part of the first phase of the Overlay District on March 27,
2007.
8
Transportation
Staff previously identified the minimum acceptable transportation improvements
that would have to be completed prior to the opening the retail uses within the
Northern Tract. They were approved by City Council as a part of the first phase of
the Overlay District on March 27, 2007.
U. S. 380 and Bonnie Brae will have to be improved to accommodate the overall
Rayzor Ranch development. The U.S. 380 improvement project will create a
minimum of six lanes (three in each direction), double left turn lanes at the major
entrances and two new signal lights. Staff is continuing to work with the applicant
to make sure that adequate improvements are in place along U.S. 380 prior to the
opening of the commercial phase of development within the Southern tract.
The proposed right turn lane from northbound Bonnie Brae to eastbound U.S. 380
has become a critical component to several related parts of the Rayzor Ranch
project. Resolution of the ~eometr_y of this turn lane is holding up the City's ability
to make decisions and final comments re~ardin~ the proposed Bonnie Brae width
which in turn affects staff s ability to make decisions on the final intersection
configuration of U.S. 380 and Bonnie Brae, a proposed North-South City water line
project, relocation of several large DME transmission poles and the final location of
the DME substation. Staff has been working with the applicant to resolve this
critical transportation component.
Drama e
The topography of most of the Northern Tract and part of the Southern Tract forces water
to drain from the north and west to the south and east until in ends up in a pipe under
Bonnie Brae and flows into North Lakes pond (See Exhibit 14). As mentioned
previously above, drainage and water quality requirements were approved by City
Council as a part of the first phase of the Overlay District on March 27, 2007. These
requirements are designed to ensure that flow of storm water can be controlled by the
existing pond and dam in North Lakes Park as well as to control the amount of pollutants
that will enter the pond since it is used for recreational activities.
The applicant is asking to amend the Overlay District to allow building permits that
are not continent on completion of certain North Lakes pond dam spillway
improvements. Staff is not currently in support of this request without justification
being submitted by the applicant and review/approval of the justification by
En~ineerin~ staff.
Residential Development
The applicant has requested that staff move forward with approval of the residential use
and development standards for the Southern Tract of the Overlay District. The applicant
is proposing single family detached (up to 185 units), single family attached (up to 496
units), multifamily (up to 750 units) and office uses in the Southern Tract and up to 112
single family units on the Northern Tract (1,543 total units). There continue to be
9
unresolved and outstanding issues regarding the proposed single family residential areas
both north and south of U. S. 3 80 which include guest parking, fire access, utility
locations, shared access drives and maintenance responsibilities. As stated above, the
area north of U.S. 380 will be brought forward for consideration at a later date.
The applicant has stated that they are lacking sufficient residential product within the
Southern Tract and need to add to this category from earlier estimates of 500 apartment
units to the current request of 750 units. The applicant has stated that it is essential to
have enough residential units within a walkable distance from the Southern Tract retail in
order for a horizontal mixed use development to be successful.
The proposed ratio of single family units to multifamily units for the entire Rayzor Ranch
development (793 to 750) is 51 % to 49%. This is not consistent with the overall goal of
the Denton Plan to have a ratio of 59% single family to 41 % multifamily by the year
2020 nor is it consistent with the new City policy that the overall ratio of single family to
multifamily be 70% to 30%. Because the development is part of a mixed use project,
however, staff and the Planning and Zoning Commission are willing to support this
request with conditions. Planning and Zoning Commission agreed with staff's
recommendation that provisions similar to that of Section 35.5.9 of the Denton
Development Code be clearly stated as being a part of this Overlay District to ensure that
a true mixed use development take place on the subject property. This section of the
DDC reads as follows:
A. All multi-family proposed as part of a Mixed Use Development in the NRMU-12,
NRMU, CM-G, CM-E, RCR-l, RCR-2, RCC-N and RCC-D zoning districts
shall:
1. Be subject to a development agreement (the "Development Agreement")
between the property owner and the City which shall be entered into prior to
final plat approval for any portion of the development. The Development
Agreement shall contain Assurances, other covenants, and a Phasing Plan
stipulating that non-residential development will be constructed first and
multi-family residential constructed last or only after 50% or more of the non-
residential component has been developed. The Development Agreement
shall be in recordable form and be recorded in the Real Property Records of
Denton County, Texas and shall constitute covenants running with the land
and will be binding on all owners and future owners of the property. Phasing
Plan is defined as a graphic and narrative document that indicates the
sequence and/or timing of construction and shall provide a description of the
phasing order (l, 2, 3,) or by time period (2005, 2006, 2007,) and includes
infrastructure requirements for each phase.
2. If a phased project proposes all or a majority of the common amenities for
future phases, (including, but not limited to, open space, landscaping and/or
recreational facilities) then "Assurances" are required. The Assurances will
address amenities not constructed in the early phases so that in the event that
the future phases are not developed, sufficient common amenities will be
provided for the phases actually developed. The Assurances will be a cash
amount equal to the estimated cost to develop the amenities as determined by
the applicant's professionals and sealed by an architect or engineer. The
Assurances will be in the form of a cash deposit with the City or other form of
l0
security approved by the City Attorney and the City Manager. The city will
use the security to construct the amenities if the developer fails to perform in
accordance with the "Assurances".
3. Before building permits may be issued for any portion of the project, a
preliminary site plan for the entire project must be approved. Diversification
of ownership will not be considered a valid basis or justification for a variance
or an amendment to a previously approved site plan.
Gas Well Development
A total of four gas well development sites are being proposed within the boundaries of
Rayzor Ranch, each of which is approximately two acres in size. All of the proposed pad
sites are located adjacent to either existing (outside of Rayzor Ranch) or proposed
residential uses. The proposed pad sites are currently located within zoning districts that
require the gas well operators to obtain both plat approval through the Development
review Committee and an SUP by City Council prior to permits being issued. Staff is
recommending that the plat and SUP requirements remain intact within the Overlay
District.
Denton Municipal Electric
The total amount of development being proposed within Rayzor Ranch will trigger the
need for an additional Denton Municipal Electric (DME) substation. DME has been
working with the applicant to secure a two acre substation site immediately south of the
Albertson's grocery store on Bonnie Brae. The three big box retail stores proposed
within the RR-3 subarea (approved on 3.27.07) will have adequate power prior to the
substation being built. The final location of the DME substation has not been
resolved and has become another critical component to the overall timing of this
rp oject•
Q NA I, Y,S'I,S'~
Comprehensive Plan Analysis:
On May 15, 2007, the City Council approved and completed the applicant's
Comprehensive Plan amendment request. The subject property is now located within a
combination of Regional Mixed Use Centers and Neighborhood Centers future land use
designations.
According to the Denton Plan, the description of a "Regional Mixed Use Centers"
designation reads as follows:
"For a regional activity center, the focus area contains the shopping,
services, recreation, employment, and institutional facilities supported by
and serving an entire region. A regional activity center could include a
regional shopping mall, a number of major employers, restaurant and
entertainment facilities, a large high school or community college, and
high-density housing. A regional activity center is considerably larger and
more diverse in its land uses than any other activity center. It includes
11
vertically integrated uses where different uses may occur on each floor of
the building. height & mass. "
The Regional Mixed Use Centers land use designation was designed to allow uses such
as shopping services and recreation that support the entire region. The location of the
property at the southeast corner of I-3 5 and U. S. Highway 3 8o is regional in nature and
consumers can easily access the site without overburdening the surrounding area. The
current commercial and retail uses within the nearby area and the location of an adjacent
major transportation intersection qualify this area as a regional activity center, which is
serving the community at a larger scale. The proposed development is consistent with the
Regional Mixed Use center land use designation is consistent with The Denton Plan land
use goals and principles.
According to the Denton Plan, the description of a "Neighborhood Centers" designation
reads as follows:
"Within the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and mixed
housing types will be allowed to develop in a pattern of "neighborhood
centers ". These are oriented inwardly, focusing on the center of the
neighborhood. These neighborhoods will exemplify the interrelationship
between quality of development, density, services and provision for
adequate facilities. These developments should locate the center of the
neighborhood within a five to ten minute walking distance from the edge
of the neighborhood. The center contains uses necessary to support the
suNrounding neighborhood. These suppoNt uses could include seNVice-
oriented retail such as a small grocery, hair salon, dry cleaner or small
professional offices. Residential uses may occuN at higher densities with
town homes or residential flats above service oriented uses. Open space
occurs in neighboNhood centers with park uses including centNal
neighborhood "gr'eens " and floodplain preservation. Civic uses such as
fire stations, schools, libNaries, and mass tNansportation nodes aNe
encouraged to be essential elements of neighborhood centers as
landmarks that are a focus to the neighborhood. Limited multistory
development in the neighboNhood may be developed to incorpoNate shops
on the ground floor and offices or residences on the upper floors. "
The Neighborhood Centers land use designation already exists on the subject property
and it will continue to serve as a buffer between the "Regional Mixed Use Center"
category and the neighborhood that is located east of the site.
Development Code/Zoning Analysis:
In addition to the General Issue commentary above staff has the following comments:
The City Council has already approved the following uses and subareas (See Exhibits 5
and 8). The RR- l , 2 and 3 subareas will contain the commercial development. The P
subareas will be limited to open space, parks, landscaping, the water quality feature on
the Northern Tract and possibly two museums and an outdoor entertainment facility on
12
the Southern Tract. The Hotel/RR subareas will contain he two proposed hotels and/or
additional commercial uses. The CC subareas contain the proposed continuing care
facility. The SF-2 subarea along the west side of the P subareas in the Southern Tract
will contain townhomes.
The proposed zoning under consideration at this time is an expansion of the modified (via
the Special Purpose Overlay District) Regional Center Commercial Downtown (RCC-D)
and a new Neighborhood Residential Mixed Use (NRMU) zoning district (See Exhibit 9).
The areas under consideration with this request are labeled BH/MF for multifamily and
"Big House" development (Big House is a group of townhomes within one structure that
is made to appear like one large house), SF-2 areas which will consist of detached and
attached single family, 0 subareas which will contain office uses and the remainder of
the CC continuing care area which is also being included with this request (See Exhibit
17).
DEPARTMENT AND AGENCYREVIEW:
The Development Review Committee has reviewed this request and continues to provide
direction to the applicant so that transportation, drainage, architectural guidelines and
parking do not negatively impact the use of surrounding properties.
FIN~INC~.S':
Pursuant to subsection 35.3.4.B. of the Denton Development Code, a zoning amendment
shall be approved only when the following criteria are met:
1. The proposed rezoning conforms to the Future Land Use element of The Denton
Plan.
The Regional Mixed Use and Neighborhood Centers future land use categories
are appropNiate to support the zoning change being pNOposed by the applicant.
2. The proposed rezoning facilitates the adequate provisions of transportation, water,
sewers, parks, other public requirements and public convenience.
Adequate pNOVisions of transpoNtation, water, seweNS, parks, other public
requirements and public convenience will exist and shall be improved as a part of
this development to offset the impacts it generates.
The portion of the request that staff supports is consistent with the requirements of the
Denton Development Code and the standards set forth within the Denton Plan.
13
EXHIBIT 2
14
Aerial Overview of Entire Subject Property
EXHIBIT 3
Aerial of Northern Tract
15
EXHIBIT 4
16
Site Plan of Northern Tract
EXHIBIT 5
Existing Northern Tract Zoning
17
EXHIBIT 6
Aerial of Southern Tract
18
EXHIBIT 7
Site Plan of Southern Tract
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Existing Southern Tract Zoning
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EXHIBIT 9
Proposed Southern Tract Zoning
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EXHIBIT 10
Notification Map
Public Notification Date: November 18, 2007
200' Legal Notices* sent via Certified Mail: 119
Number of responses to 200' Legal Notice:
^ In Opposition: 2
^ In Favor: 6
^ Neutral: 0
* - A copy of the not cation list is available at City Hall West, 221
N. Elm Street, Denton, TX
EXHIBIT 11
Public Notification Responses
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EXHIBIT 13
Retail Architectural Guidelines
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Approved Conceptual Zoning Plan for Northern Tract
36
EXHIBIT 16
Approved Conceptual Zoning Plan for Southern Tract
37
EXHIBIT 17
Proposed Conceptual Zoning Plan for Southern Tract
38
EXHIBIT 18
Planning and Zoning Commission Minutes -November 28, 2007
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EXHIBIT 19
ORDINANCE N0.2008-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 87 ACRES OF LAND LEGALLY DESCRIBED IN EXHIBIT
"B", ATTACHED HERETO, FROM THE EXISTING NR-6 AND NRMU ZONING
CLASSIFICATIONS AND USE DESIGNATIONS TO THE NRMU AND RCC-D
ZONING CLASSIFICATION AND USE DESIGNATION, AS MODIFIED BY THE
TERMS OF THE RAYZOR RANCH OVERLAY DISTRICT CLASSIFICATION
HEREIN AMENDED; AMENDING BY SUPERSEDURE CHAPTER 35,
SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES,
"DENTON DEVELOPMENT CODE", "SPECIAL PURPOSE AND OVERLAY
DISTRICTS"; PROVIDING FOR THE REGULATION OF LAND USES AND
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property owner initiated the rezoning process for that 87 acre tract of
land legally described by metes and bounds in Exhibit "B", attached hereto and made a
part hereof by reference, and depicted as "SF-2, CC, 0, MF AND BH/MF", within
Exhibit K, (the "Property"); and
WHEREAS, the owner of the Property requested that the Property be considered for
rezoning from NR-6 AND NRMU zoning districts to the NRMU AND RCC-D zoning
district, as modified by the "Rayzor Ranch Overlay District" previously defined, and
amended herein; and
WHEREAS, the owner of the Property supports the rezoning of the Property; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain
specific lands and structures which, by virtue of their type or location, have
characteristics which are distinct from lands and structures outside such special districts
and contain such reasonable and necessary requirements to insure the protection and
enhancement of said land and structures. Further, the overlay districts are authorized to
establish specific design standards and development regulations to effectuate the purpose
of the district; and
WHEREAS, on November 28, 2007, the Planning and Zoning Commission, conducted
a public hearing, and having found that all prerequisite requirements had been satisfied,
recommended approval of the requested zoning and code amendment; and
WHEREAS, on January 8, 2008, the City Council held a public hearing as required by
law and approved the change in zoning from the NR-6 and NRMU zoning districts to the
NRMU and RCC-D Zoning Classification and Use Designations, as modified by the
Rayzor Ranch Overlay District, as amended herein; and
WHEREAS, the City Council finds that establishing the Rayzor Ranch Overlay
District serves a public purpose; and
41
WHEREAS, the City Council makes the following findings:
A. The change in zoning is consistent with the Comprehensive Plan; and
B. The Rayzor Ranch Overlay District will protect and enhance the Property,
which is distinct from the lands and structures outside of the Rayzor Ranch
Overlay District, including the immediate neighborhood NOVV
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference,
Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose and
Overlay Districts", Code of Ordinances, City of Denton Texas is hereby amended by
supersedure of Section 35.7.13. Rayzor Ranch Overlay District, to read as follows:
35.7.13.0 Rayzor Ranch Overlay District.
The Rayzor Ranch Overlay District classification is hereby defined with respect to
approximately 410 acres of land, legally described in Exhibit "A" to Ordinance 2007-
110.
35.7.13.1 Purpose.
The purpose of establishing the Rayzor Ranch Marketplace Overlay District is to:
Ensure compatibility of new construction with the existing scale and
characteristics of surrounding properties; and
Protect and enhance specific land features which have characteristics distinct from
lands and structures outside this Special Purpose District; and
Provide within the Rayzor Ranch area a combination of land uses arranged and
designed in accordance with sound site planning principles and
development techniques; and in such a manner as to be properly related to
each other, the immediate surrounding area, the planned mobility system,
and other public facilities such as water and sewer systems, parks, schools
and utilities; and
Encourage a more creative approach in the utilization of land in order to
accomplish an efficient, aesthetic, and desirable development which may
be characterized by special features of the geography, topography, size or
shape of a particular property and to accomplish a more economical and
efficient use of land.
35.7.13.2 Subareas.
This district shall be divided into two major divisions, separated generally by US 3 80
(University Drive) -the Marketplace and the Town Center.
A. Marketplace. The Marketplace shall be divided into two subareas,
42
1. Subareas 1 and 2 of the Marketplace are generally depicted in
Exhibit K
B. Town Center. The Town Center shall be divided into two subareas.
1. Subareas 1 and 2 of the Town Center are generally depicted in
Exhibit K
C. Part or all of the Subareas maybe developed in phases
35.7.13.3 Application of Regulations.
A. General.
The following definitions shall apply to the Rayzor Ranch Overlay
District:
Continuing Care Retirement Center. A facility that integrates
multiple senior living options into one facility including
skilled nursing, assisted living, dementia care, as well
as independent living. This use is not considered a
multifamily dwelling unit. (Ordinance No.2007-110)
Plaza or Public Area Space: An area identified on a plan filed
at the City which is designated for public or civic use.
The designated area shall be maintained by a
property/home owner association. (Ordinance No.
2007-110).
Rayzor Ranch: The comprehensive development which
includes all phases defined within the Rayzor Ranch
Overlay District (Ordinance No.2007-068).
Bid House: A type of residential development where 10 or
fewer dwelling units are located in a single building
which is intended to resemble a single large house.
Gas well development is permitted within this district subject to the
requirements of the Denton Development Code. All has well
development will require Council approval of a Specific Use
Permit prior to issuance of a permit for drilling.
[Subsection 35.7.13.3.A.5, below, may be deleted from the Code text by Staff upon
satisfaction of all conditions, without necessity of further Council action]
5. In addition to other permits and requirements which must be
obtained or satisfied prior to construction of any improvements, no
building permit of any type, certificate of occupancy, or any other
permit allowing construction of improvements may be issued
43
(other than a clearing and grading permit), and no construction
may take place within the first phase, until:
a. A development agreement is executed, filed and recorded,
providing for the escrow of $215,000 in funds for
mitigation of trees removed without a permit, and
committing $250,000 in park improvements to offset
drainage impacts at North Lakes Park (see Exhibit M).
This requirement supplements, but does not supersede, satisfy,
or replace any other permits or requirements of
construction. It is understood that the Developer will
submit and the city will review Plats and Engineering
Documents, prior to condition (a) above being met;
with the goal of obtaining a mass grading permit for
the second phase, and construction permits for certain
temporary roadway improvements within the second
phase. Condition (a) above is a condition for plat
approval, but may be satisfied after plat approval.
35.7.13.4 Marketplace -Subarea 1 Development Standards (SF-1).
[TO BE INCORPORATED LATER]
35.7.13.5 Marketplace -Subarea 2 Development Standards (RR-3, P, and RR-
In Subarea 2, the City rules and regulations applicable to the development of property
located within a RCC-D zoning district are applicable with the following additional
restrictions:
Permitted Uses. The only permitted uses are as shown on the attached Master Zoning
Site Plan (See Exhibit L). Generally, these uses must be located within the Subareas as
shown on the Master Conceptual Zoning Plan (Exhibit K) as follows:
RR-3: wholesale sales; retail construction materials sales with a minimum floor
area of 100,000 square feet; quick vehicle servicing; garden center with
container plant materials and associated garden supplies only accessory to
retail or a home improvement center in excess of 100,000 square feet,
retail sales and services, restaurants, parks and open space and professional
services and offices. All other uses are prohibited.
RR-2: retail sales and services, restaurants, drive-through facilities indoor
recreation, parks and open space and professional services and offices. All
other uses are prohibited.
P: parks and open space, water quality feature as defined in this ordinance.
All other uses are prohibited.
44
All parks and open space not dedicated to and accepted by the City shall be owned and
maintained by a private Property Owners Association, established and approved at the
time of platting.
35.7.13.6 Town Center -General Use and Development Standards.
In the Town Center (Subareas 1 and 2) the following general City rules and regulations
are applicable to the development of property located within a RCC-D zoning district are
applicable with the following additional restrictions:
Minimum Yard Abutting a Sin.le-Family Use or District. The minimum yard
when abutting asingle-family use or district shall be ten feet (lo') plus one
foot (1') for each foot of building height above twenty feet (20' ).
Maximum FAR and Dwellin.~ Units.
The maximum FAR shall be 4.0.
A maximum of 185 single family detached dwelling units, 496 single
family attached dwelling units and 750 multifamily dwelling
units are permitted subject to Section C below..
Mixed Use and Multifamily Restrictions:
In any liven phase, the multi-family residential construction in this
subarea may not be permitted or constructed until 50% or
more of the non-residential component has been completed,
inspected and approved.
If a bhased broiect broboses all or a maiority of the common
amenities for future phases, (including, but not limited to, open
space, landscaping and/or recreational facilities), a phasing
plan shall be considered as a component of the final plat, and
shall provide for a deposit to secure construction of common
amenities in future phases. Such security may take the form of
a cash deposit held by the City, or other form of security
approved by the City Attorney and the City Manager, in an
amount not less than the estimated cost to develop the
amenities as determined by the applicant's professionals and
sealed by an architect or engineer, and may be used by City to
construct the amenities if the developer fails to perform in
accordance with the "Assurances". Phasing Plan is defined as a
graphic and narrative document that indicates the sequence
and/or timing of construction and shall provide a description
of the phasing order (1, 2, 3,) or by time period (2005, 2006,
2007,) and includes infrastructure requirements for each
phase.
Before building permits may be issued for any portion of the project,
a preliminary site plan for the entire project must be
45
approved. Diversification of ownership will not be considered
a valid basis or _~ustification for a variance or an amendment to
a previously approved site plan.
Maximum Building Heights.
Except as noted, the maximum building height shall be one hundred
feet 100' .
The maximum building height for hotel and/or office uses shall be 816
feet above mean sea level for areas labeled hotel/RR as shown
on Exhibit "K", except for the area labeled HoteIIRR which
abuts IH-35 which shall have a maximum height of 792 feet
above mean sea level.
Parks and Open Space.
All parks and open space not dedicated to and accepted by the City shall
be owned and maintained by a private Property Owners Association,
established and approved at the time of platting.
35.7.13.7 Town Center -Subarea 1 Use and Development Standards (RR-1.
RR-2, SF-2, MF, P, 0, and Hotel/RR).
In Town Center Subarea 1, the City rules and regulations applicable to the development
of property located within a RCC-D zoning district are applicable, except as otherwise
provided by this Overlay District and further restricted or excepted as follows:
Permitted Uses. The only permitted uses are as shown on the attached Master
Zoning Site Plan (See Exhibit L):
1. RR-2: retail sales and services, restaurants, drive-through
facilities, indoor recreation, parks and open space and professional
services and offices. All other uses are prohibited.
2. RR-l: retail sales and services, commercial parking lots, movie
theaters, restaurants, drive-through facilities, indoor recreation,
outdoor recreation, parks and open space and professional services
and offices. All other uses are prohibited.
3. Hotel/RR: retail sales and services, commercial parking lots,
hotels, restaurants, parks and open space and professional services
and offices. All other uses are prohibited.
4. MF: multifamily and parks and open space. All other uses are
prohibited.
5. SF-2: attached single family dwellings, parks and open space.
All other uses are prohibited.
46
6. P: parks and open space, community service (limited to
museums with educational facilities), major event entertainment
(by SUP only). All other uses are prohibited.
35.7.13.8 Town Center -Subarea 2 Use and Development Standards (SF-2,
BH/MF, and CC).
In Subarea 2, the City rules and regulations applicable to the development of property
located within a NRMU zoning district are applicable except as otherwise provided in
this Overlay District and further restricted or excepted as follows:
Permitted Uses. The only permitted uses are as shown on the attached Master
Zoning Site Plan (See Exhibit L):
1. SF-2: attached and detached single family dwellings, parks and
open space and basic utilities (specifically an electrical substation).
All other uses are prohibited.
2. BH/MF: multifamily, big house, parks and open space. All
other uses are prohibited.
3. CC: elderly housing (all categories), continuing care retirement
center, parks and open space. All other uses are prohibited.
35.7.13.9 Rayzor Ranch Site Design Standards.
In this overlay district, the City rules and regulations regarding site design standards,
Subchapter 13, and the Site Design Criteria Manual shall apply, except for the following
additional restrictions and exceptions:
Landscaping and Tree Miti a.~ tion -Landscaping and Tree Mitigation must
additionally meet the standards set forth in Exhibit "C".(will make sure
correct Exhibit C is attached this time.)
1. Section 1.02(bl Subarea 2 Buffers and Screening "Existin
Commercial Development Buffer (West)" is amended as
follows: The Existing Commercial Development Buffer shall
consist of a masonry wall as described in Exhibit D and
landscape buffer. In addition to the masonry wall, a 10'
landscape buffer (commercial side) will include a minimum of
one (1) tree for every 30 linear feet and 10 shrubs (see
Approved Plant List -Appendix C), minimum 5 gallons, for
every 30 linear feet. The buffer shall have a minimum of 3 tree
species with no more than 40% of each tree being used within
th a h» ffer_
2. The installation of the required buffer landscaping along Bonnie
Brae Street may be delayed until after construction of the proposed
DME substation and the proposed North-South 36" City waterline
adjacent to this District.
Architecture -Architecture must meet the standards set forth in Exhibit "D".
47
[ADDITIONAL LANGUAGE FOR THIS EXHIBIT TO BE
INCORPORATED LATER]
35.7.13.10 Parking Standards.
In this district, the City rules and regulations regarding parking standards, Subchapter 14, are applicable
with the following exceptions:
Maximum Allowable Number of Parking Spaces. Section 35.14.4.F shall not
apply.
35.7.13.11 Drainage.
General
In this overlay district, the drainage improvements shall be designed in accordance
with the requirements provided in the Denton Development Code Section 35.19
and the Drainage Criteria Manual.
Areas within the RR-3 Area that do not drain into North Lakes Park
Property are not subject to the Development Restrictions in
Section 35.7.13.9.B.
Storm Water Drainage into North Lakes Park (Drainage Areas A 1 and B 1)
Drainage Areas Al and B1 depicted on Exhibit "E", Drainage Areas
Exhibit, consist of approximately 225-acres of land that drains
into the South Pond at North Lakes Park formally known as
Hickory Creek -Site 16 (Pond 16). This Pond is regulated
under Texas Administrative Code Title 30 Part 1 Chapter 299
Dams and Reservoirs, and is classified as an intermediate size
high hazard impoundment in Section 299.14 of these
regulations. High hazard impoundments are required to pass
the Probable Maximum Flood (PMF) without overtopping of
the dam embankment, or failure of the outlet works, or
emergency auxiliary spillway.
Exempt Lots: Development of lots in Drainage Areas Al and B1 are
exempt from the restrictions of Subsection 35.7.13.9.B if the
a~~re~ate impervious cover surface area within all the
exempted lots does not exceed 10,000 square feet. Streets and
sidewalks in publicly dedicated rights-of way or public access
easements are not included in the a~~re~ate impervious surface
area calculation.
Development of lots in Drainage Areas Al and B1 that are not
exempted under 35.7.13.9.B.2, above, will be restricted as
follows with regard to drainage improvements until
improvements to Pond 16 are constructed and accepted by the
City and TCEQ to achieve compliance with Texas
48
Administrative Code Title 30 Part 1 Chapter 299 Dams and
RPCPrvnirr~
Preliminary Plat approval will not be granted for any
development until the City of Denton and TCEQ have
approved the preliminary hydrologic and hydraulic
analyses (PMF and dam breach analyses) and the
preliminary engineering (PRELIMINARY
ENGINEERING REPORT) to determine the extent of
the embankment and spillway improvements that are
required. TCEQ "approval" is defined as City receipt
of written correspondence from TCEQ indicating that
the methodology, assumptions, flood hydrograph
calculation procedures, and design analysis methods
being used to determine the extent of improvements are
in accordance with TCEQ accepted methods and
procedures.
Final Plat approval will not be granted for any development
until the City of Denton and TCEQ have approved the
construction plans for the embankment and spillway
improvements, the source of funds for construction is
identified, and a construction schedule is committed to
for the improvements.
Building permits may not be granted until the construction
contract for the embankment and spillway
improvements is awarded to a Contractor acceptable to
the TCEQ and City of Denton, and it can be reasonably
determined by the City that the construction and
acceptance of the Pond 16 improvements can be
completed prior to the certificate of occupancy being
issued for any building. All right-of ways and
easements required for construction and maintenance
of Pond 16, if any, must be secured and recorded prior
to a Building Permit being issued by the City.
Final Acceptance or Certificate of Occupancy may not be
requested until the improvements to Pond 16 are
constructed to achieve compliance with Texas
Administrative Code Title 30 Part 1 Chapter 299 as
determined by the TCEQ.
Approval may not be granted for any Final Plat that does not
provide for onsite storm water detention until the
downstream channel and culvert improvements at
Bonnie Brae Road to convey the developed peak flow
49
into Pond 16 (downstream improvements) are
designed and approved by the City, and, constructed
and accepted by the City, unless the downstream
improvements are included as part of the development,
in which case the downstream improvements plans will
be included and approved during the Final Plat process
Storm Water Quality
All Preliminary and Final Plats will include provisions for
onsite or regional storm water quality enhancement,
including dedication of drainage easement areas as
necessary to construct the storm water quality
structural controls and management practices as
described in Exhibit "F".
The storm water quality controls shall be constructed as a
part of the storm drainage improvements for the
development.
Approval will not be granted by the City for any Preliminary
or Final Plat that will rely on downstream or regional
storm water quality controls until the downstream
improvements to serve the development are designed
and approved by the City, and, constructed and
accepted by the City, unless the downstream
improvements are included as part of the platted
development.
Engineering inspection fees will be paid to the City for the
inspection of all storm water quality controls during
construction. Designer certifications that the storm
water quality controls and management practices were
constructed in accordance with the approved plans will
be provided to the City upon request.
Exception -First Phase (RR-3 Subarea)
Final Plat that provides onsite detention is not prohibited by
these drainage requirements or restrictions if the City
approves an analysis showing the onsite detention pond
is sized to capture the excess runoff volume from the
development resulting from the PMF and provide
extended detention of sufficient duration to prevent a
rise in the North Lakes Pond maximum water surface
elevation during the PMF. The Developer's Engineer
shall certify that the analysis shows there will be no rise
50
in the water level and no adverse impacts to Pond 16
prior to granting approval.
No Building Permit for any development in the RR-3 Subarea
may be granted until the City and TCEQ have
approved the construction plans for the Pond 16
embankment and spillway improvements, the source of
funds for construction is identified, a construction
schedule is committed to for the improvements, all
rights-of-way and easements required for construction
and maintenance of Pond 16, if any, are secured and
recorded prior to issuance and other applicable
requirements for issuance have been satisfied.
Alternatively, a Building Permit is not prohibited by
these additional drainage restrictions, provided that an
onsite detention pond meeting the requirements of
Paragraph B.S.a. in this Section has been constructed
and accepted by the City, and all other applicable
requirements for issuance have been satisfied.
In addition to other applicable requirements, a Final
Acceptance or Certificate of Occupancy may not be
granted until the construction contract for the Pond 16
embankment and spillway improvements is awarded to
a Contractor acceptable to the TCEQ and City of
Denton, and it can be reasonably determined by the
City that the construction and acceptance of the Pond
16 improvements can be completed prior to the
certificate of occupancy being issued for any building,
and all other applicable requirements for issuance have
been satisfied.. Final Acceptance or Certificate of
Occupancy may be granted by the City if the onsite
detention pond meeting the requirements of Paragraph
B.S.a. in this Section has been constructed and accepted
by the City, and all other applicable requirements for
issuance have been satisfied.
No other exceptions to the development schedule may be
requested from the City until the improvements to
Pond 16 are constructed to achieve compliance with
Texas Administrative Code Title 30 Part 1 Chapter 299
as determined by the TCEQ.
North Lakes Park Pond -Freeboard for PMF
Freeboard requirements are provided in Section 3.3 of the
Hydrologic and Hydraulic Guidelines for Dams in
51
Texas, TCEQ Final Draft, approved by TCEQ on
August 28, 2006 (TCEQ Reference Document). Land
use assumption requirements are provided in Section
5.3. No freeboard is required for the PMF for ultimate
development watershed.
The PMF hydrograph may be computed following the
procedures in the TCEQ Reference Document or using
TR-60 Earth Dams and Reservoirs, NRCS, July 2005.
No freeboard is required if the TR-60 method is used.
The dam breach analysis will include inundation depths and
flood mapping downstream from the dam until the
peak flows in Pecan Creek are attenuated to the non-
breach PMF peak levels. The length of the attenuation
will be as defined by Equation 8.3 from the TCEQ
Reference Document.
Embankment and spillway improvements designed and
constructed by the developer will be based on the
ultimate development conditions in the pond
watershed, including the full development of the
Rayzor Ranch development, per section 5.3 of the
TCEQ Reference Document.
An analysis of the effects of flows from the ultimate developed
watershed will be provided by the developer with the
dam safety analysis as set forth in Section
35.7.13.9.B.3.a. Inundation lengths will be determined
per Section 8.5 of the above-mentioned TCEQ criteria.
Inundation limits (width and elevation) will be
determined using HEC-RAS or HEC-2 analysis
method, following the procedures described in Section
8.8 of the TCEQ Reference Document.
35.7.13.12 Transportation.
Required Improvements:
Developer will provide a temporary easement for an east/west
connection from IH-35 east to Bonnie Brae prior to issuance of
any building permit (other than a clearing and ~radin~ permit)
for property located in the first phase (RR-3) portion.
The Developer will provide a temporary asphalt or concrete road in
the approximate location of the temporary east/west
connection from IH-35 frontage road, at the existing Cracker
Barrel access drive, east to Bonnie Brae as shown in Exhibit
52
"G" prior to issuance of any building permit (other than a
clearing and ~radin~ permit) for property located in the first
phase (RR-3) portion.
The Developer will provide a right-hand turn lane, on the north side
of West University Drive/U.S. 380 to the northbound IH-35
service road, prior to issuance of any building permit (other
than a clearing and ~radin~ permit) for property located the
first phase (RR-3) portion.
The Developer will provide a southbound deceleration lane, on the
west side of Bonnie Brae which connects to the east/west
connection between Bonnie Brae and I-35 prior to issuance of
any building permit (other than a clearing and ~radin~ permit)
for property located in the second phase (RR-2) portion of
Marketplace.
The Developer will brovide 90% Mans as defined by TXDOT for the
remaining improvements to U.S. 380, as identified in the
Kimley-Horn Traffic Impact Analysis dated January 29, 2007,
prior to the issuance of any building permit for any property
which is not located in RR-3 or the SF-1 Subareas of
Marketplace.
The Developer will construct a left turn lane on northbound Bonnie
Brae which connects to the east/west connection between
Bonnie Brae and I-35 prior to issuance of any building permit
(other than a clearing and ~radin~ permit) for property
located in the RR-2 Subarea of Marketplace.
The required 20-foot visibility triangles are to be measured from the curb line not
the property line.
35.7.13.13 Street Standards.
In this overlay district, the City rules and regulations regarding street standards, Section
3 5.20.2, shall apply. Alternatively, in all street sections the standards depicted in Exhibit
"J" may be utilized, if different.
35.7.13.14 Site Plans.
Prior to the issuance of any building permit for residential development, a site
plan must be approved by the Planning and Zoning Commission.
B. The Director of Planning may administratively approve minor
modifications to an approved site plan.
The Property is hereby rezoned to the NRMU and RCC-D zonin district
classifications and use designation, as modified by the Rayzor Ranch Overlay District
53
classification herein defined, and the City's official zoning map is hereby amended to
show the Chan e in zoning district classification.
The Development Agreement attached as Exhibit M, is approved, and the City
Manager is hereby authorized to execute the document on behalf of the City, and his
designee is hereby authorized to record same as a covenant running with the land leg
within the Rayzor Ranch Overlay District. Any modifications necessary to effectuate its
purpose and approved as to legal form by the Cit, Attorney ma, be incorporated prior to
execution and recordation. Upon recordation of the executed Development Agreement,
as modified, the City Manager or his designee is authorized to remove section
35.7.13.3.A.5 from the text of the Denton Development Code, without further action of
the C~unci1.
If any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity or the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
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.
That this ordinance shall become effective fourteen (14) days from the date of its
passage, and the Cit, Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official newspaper of the City
of Denton, Texas within ten (l o) days of the date of its passage.
PASSED AND APPROVED this the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
By:
2008.
PERRY MCNEILL, MAYOR
EDWIN M. SNYDER, CITY ATTORNEY
54
List of Exhibits
Exhibit A: Metes and Bounds Description and Depiction of Entire Special Purpose
Overlay D1Strlct
Exhibit B: Metes and Bounds Description and Depiction of the Approximate 87 Acre
Area
Exhibit C: Landscaping and Tree Mitigation Standards
Exhibit D : Architectural Standards
Exhibit E: Drainage Areas Exhibit
Exhibit F: Water Quality Protection Plan Requirements
Exhibit G: Temporary East/West Transportation Connection
Exhibit H: North Lake Park Improvements
Exhibit J: Alternate Street Standards
Exhibit K: Master Zoning Conceptual Plan
Exhibit L: Master Zoning Site Plan
Exhibit M: Development Agreement for funding
55
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: Utility and CIP Engineering
ACM: Howard Martin, 349-8232
~T IR.TF,CT
Hold a public hearing and consider adoption of an ordinance amending Subchapter 16 of the
Denton Development Code concerning recording of plats, construction of public improvements
and building permits. (DCA06-0017, Subchapter 16) The Planning and Zoning Commission
recommended approval on November 28, 2007 (6-0).
BACKGROUND
On March 27, 2007 the City Council adopted Ordinance No. 2007-070 modifying certain
provisions of Subchapter 3 5.16 of the Denton Development Code. Specifically, prior to the
adoption of this ordinance, Subchapter 35.16.6.D stated:
"No building permit or certificate of occupancy shall be issued for any parcel or tract of
land until such property has received final plat or development plat approval and is in
conformity with the pNOVisions of these subdivision regulations, the plat has been
recorded, public improvements have been accepted (if applicable), and no private
improvements shall take place oN be commenced except in confoNmity with these
regulations. "
Although the provisions of this subchapter had been applied fairly consistently to single family
developments, past policy/practice allowed exceptions for multi-family or commercial
development by proceeding with building permit issuance in advance of full completion of all
public improvements. In conjunction with the fact that the policy/practice did not speicifically
agree with the Code, staff was given the direction to essentially "make the practice match the
code or the Code match the practice."
The revisions to Subchapter 35.16.6.D enacted with the adoption of ordinance No. 2007-070 are
reflected in the following excerpts:
D. "Single Family residential oN duplex development. No building peNmit shall be
issued for any parcel or tract of land proposed for single family residential or duplex
development until such propeNty has received final plat or development plat appNOVaI
and is in conformity with the provisions of these subdivision regulations, the plat has
been recoNded, all easements including those by separate instNUment and all
applicable peNmits are in place, and all public impNOVements have been accepted (if
applicable). No private improvements shall take place or be commenced except in
confoNmity with these regulations.
1. Exception for model homes. Within a phase containing public improvements
that have not yet been finally accepted, a developer may construct model
home(s), provided that it is inspected and found to meet all building,
plumbing and fiNe code requiNements pNior to being opened to obseNVation by
the public, and provided further that the home will not be sold or occupied as
a dwelling unit until all public impNOVements within that phase have been
completed and accepted by the Ciry.
E. Multi-Family oN non Nesidential development. No ceNtificate of occupancy shall be
issued for any parcel or tract of land proposed for multi family or non-residential
development until such propeNty has Neceived final plat or development plat appNOVaI
and is in conformity with the provisions of these subdivision regulations, the plat has
been recoNded, all easements including those by separate instrument and all
applicable permits are in place, and all public improvements have been accepted (if
applicable).
No building peNmit shall be issued for any paNCel oN tNact of land proposed for multi-
family or non-residential development until all public improvements have been
accepted, except as pNOVided in below.
1. Upon application and satisfaction of the following conditions, the building official
may issue a haNdship building permit for multi family or non-residential
development, to enable limited construction prior to satisfaction of remaining
development requiNements:
a. The applicant must install and demonstrate proper function of fire hydrants
and all-weather access improvements for fiNe apparatus required by the FiNe
Code (see Chapter 28 of the Denton Code of Ordinances),
b. The applicant must complete installation of all drainage and other regional
improvements, paNticularly off-site impNOVements, and
c. The applicant must enter into an agreement with the Ciry, in a form approved
by the City AttoNney, which indemnifies and holds the City harmless for any
failure of the applicant, owner or builder to obtain necessary access and
drainage easements and peNmits, or to build needed offsite improvements.
2. A hardship building permit issued in this manner may be withdrawn upon failure
to meet any imposed condition.
3. No certificate of occupancy may be issued to the recipient of a hardship building
permit until all outstanding building permits are completed, inspected and closed;
all public and private impNOVements are installed and accepted; and compliance
with applicable City standards has been demonstrated to the satisfaction of the
Building Official.
4. A hardship building permit is an optional, limited purpose permit which, upon
request, allows construction of some limited component of the structuNe, not
affecting ultimate compliance with Fire Code or Electrical Code (e.g., a "slab-
only" permit). It does not satisfy the Nequirements of a building peNmit in any
respect, nor is it a required permit for development. It is intended to address
those ciNCUmstances in which the only impediment to obtaining a full building
permit is the lack of some exteNnal appNOVaI (e.g., a TxDOT issued driveway
permit), which is outside the control of the City or the applicant. As the option of
obtaining a noNmal building permit remains available to the applicant, theNe is no
entitlement to a hardship permit, and approval is subject to the discretion of, and
reasonable NestNictions imposed by, the Building Official. Review of the Building
Official 's decision with regard to a hardship building permit is limited to an
informal hearing with the City EngineeN to determine if the Building Official's
denial or imposition of conditions is arbitrary or unreasonable. "
These revisions maintained the provisions with respect to Single Family development in place
with some cleanup of the language with regard to attaining easements and permits ahead of
construction. In addition, an exception was added that allowed the developer to move forward
with model homes. The issuance of a certificate of occupancy (CIO) for multi-family or non-
residential was restricted to approval and recordation of the plat, to receipt of all easements and
permits and to the completion of all public improvements. The revised subchapter also stated
that no building permit for multi-family or non-residential could be issued until certain minimum
conditions, mainly pertaining to fire access/coverage and regional improvements were met. The
provision or allowance fora "hardship permit" was stated to be acceptable under certain
conditions, but then this permit was defined in such a restrictive manner as to only really be
applicable when the only impediment to issuance was a third party or external approval (TxDOT
permit for example). In essence, it precluded all other permits ahead of completion of all public
improvements.
Although this wording has been problematic, staff has been able to work through the issues
associated with it for the past nine months with few difficulties. The attached amendment
recognizes the need for this subchapter to be updated and further defines the guidelines to issue
building permits when all improvements are not in place under certain conditions. In summary,
the City will not issue building permits for single-family or duplex residential until such property
has received final plat or development plat approval and is in conformity with the provisions of
the subdivision regulations, the plat has been recorded, all easements including those by separate
instrument and all applicable permits are in place, and all public improvements have been
accepted (if applicable). This language is really no different than presented before with the only
real change being a limitation on the number of model homes per phase of a development. The
amendment similarly restricts multi-family and non residential development except upon
application and satisfaction of certain conditions, whereupon the building official may issue what
amounts to a "conditional" building permit for multi-family or non-residential development to
enable limited construction prior to satisfaction of remaining development requirements.
OPTIONS
1. Recommend approval of the attached amendments to Subchapter 35.16.6.D.
2. Recommend approval of the attached amendments with modifications.
3. Recommend denial.
4. Table.
RECOMMENDATION
Staff recommends approval of the attached amendments to Subchapter 35.16.6.D.
PRIOR ACTION/~
October 11, 2006
January 10, 2007
January 24, 2007
February 21, 2007
February 28, 2007
November 14, 2007
November 28, 2007
ZEVIEVV (Council, Boards, Commissions)
Planning and Zoning Commission work session
Planning and Zoning Commission work session
Planning and Zoning Commission work session
Planning and Zoning Commission work session
Planning and Zoning Commission public hearing
Planning and Zoning Commission work session
Planning and Zoning Commission public hearing
EXHIBITS
I. Recommended changes to Subchapter 35.16.6.D.
2. Planning and Zoning Minutes Minutes
3. Ordinance
Respectfully submitted,
°~ ?~~
Frank G. Payne, P.E.
City Engineer
35.16.6. [Existing subsections A-C unchanged]
D.
EXHIBIT 1
General Rule - No Permits Before Plat. Generally speaking, no building permit or certificate of
occupancy shall be issued for any parcel or tract of land until such property has received final plat or
development plat approval and is in conformity with the provisions of these subdivision regulations, the
plat has been recorded, all easements (including those by separate instrument) and all applicable permits
are in place, and all public improvements have been accepted (if applicable). No private improvements
shall take place or be commenced except inconformity with these regulations.
1. Exceptions.
a. Definitions Applicable to All Exceptions
1. "Phase" means one final platted section of a larger overall development.
2. "Public improvements" means the public infrastructure needed or required by the
development, or by a single phase within a larger overall development,
3. "Re Tonal improvements" means those public improvements which are required of the
development for the protection of either:
a. health, safety and welfare of the public at large; or
b. property outside or surrounding the development;
i. Examples of Regional improvements include, but are not limited to:
(a). water line "loops" or extensions for service;
(b). regional detention facilities,
(c). off site drainage improvements.
b. Model Home Exception for Single Family Residential or Duplex Development
1. Within a phase containing public improvements that have not yet been finally accepted, a
developer may construct no more than four (4) model homes, provided that all off site,
drainage or regional improvements have been installed, inspected and accepted and that
each model home is inspected and found to meet all building, plumbing and fire code
requirements prior to being opened to observation by the public, and provided further that
the home will not be sold or occupied as a dwelling unit until all public improvements
within that phase have been completed and accepted by the City.
c. Exception for Multi-Family or Non residential Development.
1. Upon application and satisfaction of the following conditions, along with other Code and
Criteria Manual requirements otherwise applicable to full building permits, the building
official may issue a building permit for multi-family or non-residential development, to
enable limited construction as specified in the permit, prior to satisfaction of remaining
eve opment requirements:
a. The applicant must complete installation of all drainage and other regional
improvements, particularly off site improvements;
i. Upon application to, and approval by, the City Engineer, the portion of
this condition requiring prior installation of required permanent drainage
improvements may be satisfied by constructing temporary drainage
improvements (such as detention ponds) that, in the opinion of the City
Engineer, are adequate to offset the decrease in permeable surface of the
permitted phase of development and prevent harm to downstream
EXHIBIT 1
properties, pending completion and acceptance of required permanent
regional improvements for drainage.
b. The applicant must enter into an agreement with the City, in a form approved by
the City Attorney, which indemnifies and holds the City harmless for any failure
of the applicant, owner or builder to obtain necessary access and drainage
easements and permits, or to build needed offsite improvements; and
c. A building permit issued in this manner may be withdrawn upon failure to meet
any imposed condition, as set forth in §35.1.10.
2. The applicant must install and demonstrate proper function of fire hydrants and all-
weather access improvements for fire apparatus required by the Fire Code and Chapter 29
of the Denton Code of Ordinances, prior to any construction above slab.
[Existing subsection E is deleted, and subsections F and G are renumbered as E and F, respectively.]
Z~~TTNG ~~~UL~R ETON N~M~ER ~ 8, 2 ~ Q7
FLANN~NG 1ti1D
85
I ~ri~fISSIC~ ~S: Hold a public hearin es
1 was the main tern., then exoial ar~3 malti-family
2 a~ o~asider malcir~ a. reocrm~dation to the Dents City 2 c~velolxnents v~xe all,ow~d to proceed with. a buildin pest
3 Council on the fol~.owir~ its: pr~osed its to 3 Staff was given the direction to mice the
meter 16 of the Eton Developme~at Oode aoncernin
~ 4 practice ~riatch the code or 'the aode patch the practice. So
,
s,
of plats; o~struct~.ar~ of publ~.c irrpxovement
ecordin
5 5 ~ 2407-074 was apprraved on March 27th and represents
g
r .
G staff's atte~cpt to dQ just that .
6 buildtn permits .
7 There wasn't a whale tat different for
7 Frank Payne, our City ~gineex.
This is ~a staff
g Pit .. PAi~iE : Govc~ ~~ •
8 sileT~amiiy develo~x~nt. A little bi,t of cleanup ~
9issuse that updates this secti~, 35.~~.6 of the Genton 9~ ~ Y 1171 ring that they attain easer~nts aax~ pern~i.ts
~ .
of }its~'~j red, Prior to P+~rch
l p ~evelapm~-t e r g p y`~ 10 ~ ak~ad of cca~struction. in a:i.tion, exception wes added
11 27th of this yeax, this subchapter of the code stated the 11 that a13.owed the eloper' tao mom forward with the model
12 following as You see on the bard. It's very suinct ark 12 hrnre.
13 ciseg and it basically said, for all e~.tr no 13 .Still talked about the certificate of
Z4 }wilding pesmtit of ~, Oex#.ificate of pecupancy, would be ~& occupancy restricted to approval and. rrdatz of the plat.,
15 issued until the followinrequirements were met. 15 -LL seetr~ somewhat c~vi.ous T- and to receipt of all easnts
16 ~ psions were applied consistently 15 and pezmits and to the completion of all public imprr~vements
X'7 foar sinle-fammly C~`velaprnent . 'There wTas -- there' S beer- a 17 far mu1'tl-fanuly or 3IL°s1dP~laZ
~ 8 period of titm~ wh~i those provisions w2xe modified sames~at a xn~rioer of exceptions
18 And then it provided .
.
19 in practice for {tulti-family and ea~mercial delopm~nt due emit far
19 unc~x which the app].icaa~t c~ald receive a huildin pe
2 0 to the nature of that type of develent . In other ~ 2 0 multi-family and n~areSidential • I apologize for the size of
tQ r~Celve
21 ~t u~uld allow certain pC1~t1CQ]S . of the elc~nt
21 flue type. But, basically, what It told t[I YJaS that ~f
lets C~OR~]_]~etlClCl --
2 2 the building permit issuance Pte` to ~rnp ~ ~ had ~ rnional l~]rCCCI~]lts dam, which would be Nl]!Ch d5 ~
1 for of all the tic
2 3 if CYJat s runt Hugh you - _ 23 regior~.l detention pond or a rni vaaterliz~ -- and what T
if there was access to the
In other v~~3s 2 4 . by that is a waterline a det~ation p i~prcavirag ar
,
~ ~
rali. the looped ~ster3.anes
25 site, fare protecti;cn and, a Yg 2 5 impactir~ more one piece of prey, that had
87 88
had vier to
1 access to provide fire protecticng that Y~
1 v~iat w~ try to do. Atadr ageing You have Chas ccm~lete text
2 provide fire protec:tio~ir and that You- entered irate a u~le- 2 in Yom' ~~• .
3 ha~1~s agreement with the ~tyg and they w~a];d al].ca~r you to 3 Naurf if you look an ~eibit 1 under Item D,
rntit, a hardsx~ip bui~.d~n
4 m forward with a bui].din pe 4 general rule, no permits before plat, you'~.1 see that
permit. Arad the ar~.y fallacy was the restrictive naCure of
S 5 first sentence there nr~t match the first sentence ~ the
.
6 the definit.icn of ]~ard,~Y,ip }gilding permit. And it 5 board. And there's four wards miss3x~g. Dam within Chat
ts to issuance when the Y abstacle~to
ted Chase perrn7
7 lim~ 7 mace, where it says the plat has beery recorded, all
.
.
lag t was a thud-paxty app~r such as
8 receive a~ ~ 8 earents, including those by separate instrument, are in
9 a TxDot pent, So, essenti.a~.lyg they ail defaulted back to instn~nent, it
~ place, after the closed parenthesesr after
letion of all public improvements prier t4 ~3.dir~
10 ocrr r~
~9JL11d 11 all appllL~le per~`~.ts." 311e1t'r~`! b a
-rr
p 11 of this subchapter since it was last modified in March. Anti .
11 pexmit issusryce• 12 I' talked to Jerry we passed the ordiz~arvice ~
~2 In p~cacticer >~7at we've a is work with
13 building officials to look at the practial applicat~.on of 13 cc~.mcil that it will contain that lanuage.
to look at v~iat -- did it, in fact, make sense. Did
14 tYais ~.~ Sa what this provision allcRVS zsr
r
~ have access? Ate they
15 they Piave fire protection. 'Did they I S essentially, the same thin . You -'t go forward wa.th a
~ ~ putting in a r~egiona~- detention that if they d~'t 16 side-famil telopment permit Lentil you have all youx
y
17 c~p~.ete i.tg are they incr~easir>g ru~f€ to the neighbors? 17 dins in a r~7w as far as utilities and other public
. 18 And then we. would m fo~+~ard. ~. Pad that's ~.~ i.mp~ravemer-ts. You can mire foxw~d with a t~onditional pernut
. 1 ~ essentially what I' m sayixxg on these ~lide~ . 1 ~ ~ c~mnercaal and ma].ti-family as 1 as y+au can shovr that
1 before you tonight -° and
2 4 i~at w~ re brir~axx~ ~ 0 You've got water in placer that You've got a -- }aefore
~ }~ and 1111
21 I have to admLt, there's d typo ~ your` clog 21 Y~ qet Your pexmaner~t dram, if y'~ ask for an excepti~
ham sufficient torazY
22 point it. out to you an dust a ~ -- we try to leak at the 22 to that drainage feature that You
23 cede as a living document. Atx~. v,t I'm brining to you 23 drainage improvem°nts on-site to pzrotect aJ.xi provide adequate
is the final completion of our 29 detention prior to oa~letion of your' fir3al improvemmnts,
2 4 tonight is simp~.y vat we hope
2 ~ m ~ to ;"~"""' the match the pr'actlCe, WiLL4~1 1~ 2 ~ ag~.nr wl '~•`" Y411V.1~~-iICLGILL4~~$ ~1t • +~°'' 411~i
~ ~A~Cx~T~ DE`I'~~, T~~Aa X940} ~~5-9797 .
TOk~F~L
~L~NNING ] ~~NIN~ RE~UL~iR E I~N~ NO~TE~iBER ~ 8 , ~ 0 4 ~
s~ ~0
~ bt~ildir~ permit issued in this marmex may be withdrav~ai u 1 N~. PAYI~: 'die reason that w~ left it in is
~ failure by the applicant to met any of those conditions. 2 because staff's r~ticn is restricts t~ two per ease
3 it's talcir~ out the haxd.~hip 3 arl the ].aYger clop~rrsnts. Ate. certainly ~ the scr~.ler
4 defin~:tian, makirug it mare ~f a ccrc~d.itiona]. pern~it that 4 ctt~es, tw~7 model hoes shod be suf~iCient to show tk~
5 pro~rdes the .ildir~ official with the flexibility that he 5 huildex''s prod~.ict. if y~au wish to mxlify that lan~age and
~ weds. I ~his~C that the builders c~velopers will find 5 make a xecoanition that it be ~o~u' per pie, can
7 this lan~age a lot easier to work wi.tY~, quite frankly. ~ T ir~cl~e that ~ Yom' ~tiaa~ to City C'cil as we
$ Wit7t that, I'll ans~aer any c~estians you 8 take it before tkxar-. .
9 mic~t have. ~ 9 ~SSICffi~ 'I9S: Olssy• Zhu .
1.0 QSIC&~k2 V~i~~NS : Arty questions? 1 D O~+MISSIt ~~: ~y ot~ber questions?
11 ~ CIISI ~~: Mr'. Payne, v~12Si ~ 1I All rig~it, 'hank you very -tuch. I have no
~.~ bight this to work sessi~ before on~ the r~del ~.~ ~ far ar against this. it is a public hearir~. Ia there
13 exception, since we, basically; tallced over the fact that 13 awe else that wishes to speak for or against it? Y.
~. ~ tYlE' S n0 ~l1C~l. ~h7~ aSi You ~DWr re~iC~a~. 1T~~ts ]n~ ~~ I'll c~.0~e the public '],
15 say, a 5D-lot subdivisa.on, tltiat we cazld go aY~ad az~ ~~ this 15 C?~MISIC ~: I t~gve approval with
3.6 to four ~r~odel h~res~ beoa~ase there's, generally, at least four 16 the modification to' Item .1, Sl~achapter ~, referrar~ to tie
17 different mods foa~ some of these larger builders? 17 l hams e,~acegti~, and increasing it fr~n twt~ to. four
I8 ~1R. PAYN~: I would ague with what you're 18 models per Vie.
19 saying. with one sli~it caveat . 'There can be a regicma7, 19 I
~ ~
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2l t~7dt ~ cme V~71th the perimeter pa~nng ~.ssue« We. did talk 2l k~gleton. Please vote on tie board. .
~ 2 . abut the. four ~ homes . We chose to leave it in ark ~
. 2 ~ N~. ~: Befos~: you do, i just ~snted to
2 3 allow to make that discretior~y charge, i.f You w~h, in 2 3 clarify. Does that include the ~ ition that Mr. Payee made
2 4 'this ~tir~ in this msetirxg. ~ ~ 4 ver3x~llY?
2 5 C~+MISSICR ~S : Dkay . 2 5 CSIISSIR ~ : 'i'har~k ferry . Yes .
93 92
~. IncT~ staff's motions. ~
2 OSSI i+~TKII+1S : Please vote on the . ~
3 board. ~ ~ ~
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18 18
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T~F`FE~ ~ ~I~TE DENT~4N, TE:A~ { 9 ~ ~ } 5 G ~~ - 9'~ ~ 7 .
s;lour ~acumentslor~inances1081dca~b-0~~7.dac
~~~~ ~~.
Exhibit 3
AID ~RDI~ANCE ~F THE CITY ~F DE~T~N, TEA, AMEl~DIN P~RTI~N ~~`
SUBCHAPTER X5.16, OF THE DEI~'I'~N DEVELOPMENT CEDE, PERTAn~IN T~
REC~RDINC~ ~F PLATS, C~~TRUCTI~N OF PI~BLIC IlVIPRD~E~VIEI~IT,AND ISSUANCE
~P BLDINC~ PERMITS; PRDVIDIN~ ~ PENALTY wITH THE AO~JNT OF
~,~O~.~a FAR ~IOLATI~N THEREOF; AND PRDVIDIN FAR E~ERAEfLITY AND AN
EFFECTIVE DATE. ~DCA~6~001'~}
WHEREAS, pursuant to ordinance ~o. 2a~~~~4~, the City Council ofthe C1ty ofDentan,
Texas adopted the Denton Development Cvde the "Development Cade'}; and
wHEREA, a~tcr providing notice and after conducting public hearings as required by law,
the Planning and honing Con~nissian recommended approval of certain changes to Subchapter
35.1 of the Deve~opn~ent Cade, pertaining to recording o~ plats, cc~truction of public
improvements, and issuance of building permits; and
WHEREAS, aver providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to ~ the Develapn~ent Code are consistent with the
Comprehensive Plan, and are in the public interest. N~~V, THEREFORE,
THE COUNCIL ~F THE CITY ~F DENTIN HEREBY` ORDAIl~S:
SECTION ~. The findings and recitations contained in the prearn~le of this ordinance are
incorporated herein by reference a~s tree.
SECTI~~T ~. Subchapter 35,1 of the Development Cade is hereby amended in part, as
described in Exhibit A, attached hereto and nude part hereof by reference. AlI other provisions of
Subchapter 5.1 ~ not specifically changed by this amendment shall remain in fall farce and effect.
ETYDN 3. Any person ~~olat~ng any pro~lslan ofthls ordnance shall, upon conviction, be
freed a sum not exceeding $2,~~0.~~. Each. day that a provision of this ordinance is violated sha11
constitute a separate and distinct offense.
EOTIDN 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, ar the application thereof to any person yr circumstance is held invalid by any court of
competent jurisdiction, such ho~ding shall not affect the va11d1ty of the remaining port1ons of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
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 . the City afDenton,
Texas, within ten ~l ~} days of the date of its passage.
~~~~ ~ ~~~~~ ~~~~ the ~ ~~.~ ~~ _ ___ , .~ ~a~~.
ATTLT.
J~~N~'ER ALTER., ~~TY ~~R~TAR.~
EY;
SAE ~
Ex~iblt A
3.1 G,G, Existing subsections A- unchanged
D. enerai Rule ~ Na Pern~~ts ~efare,,,,.,.~lt, enerll~ speaking, na building permit or
certificate ofoccu one shall be issued far an reel or tract ofland until such. praperhas
P ~ ~
received final plat ar development plat approval and is in conformity with the provisions of
these subdivisiol~ regulations, the plat has been recorded, all easerrlents ~inoluding those by
separate inst.ment} and all applicable permits are in place and all public in~praven~ents
have been accepted cif applicable}, ~a private improvements shall tale place or be
commenced except in conformity with these regulations.
1, E~ce~tions.
a, Definitions A Iie~bie to All ~~ce flans
1. "Phase" means one final platted section of a larger overall development.
~. "Public ~n~ rovernents"means the public irifrastructurc needed or required by the
development, or by a single phase within a larger overall development,
3. "Regional in~provement~" means thaw public irnprave~nents which are required
of the develapn~ent for the protection of either:
a. health, safety' and welfe of the public at large; or
b. property outside ar surrounding the develaprrlent;
i, Examples of Regional ipraven~ents include, but are not limited to: .
~}. water line "loops" ar extensions far service;
}• regional detention facilities,
~c}. off site drainage in~pravelnents.
b. Model ~Io~ne E~ce flan far Yn le ~'amil Residential ar I]u lex ~evelo meat
within a phase containing public i~npraveen.ts that ha~re not het been all accepted, a
developer nay construct no mare than four ~~} ~nvdel homes, provided that all off--site,
drainage ar regional i~npravernents have been installed, inspected and accepted and that
each model home is inspected and found to meet all building, plumbing and dire code
require~rlents prier to being opened td observation by the public,and provided further that
the home will not be sold ar occupied as a dwelling unit until all public improvements
within that phase have been completed and accepted by the pity.
c. ~xce tiara for Multi~~'~mil ar ion residential De~velo meat.
1. ~Jpon appl~cat~on and sat1sfactlan of the follaw~.n cand~t1ons, along with other.
fade and criteria 1Vlanual requizeents otherv~ise applicable to hall building
permits, the b~uld~n official ~rlay Issue a building permit far multi-fancily ar non.-
residential development, to enable limited construction as specified ~n the permit,
prior to satisfaction of remaining development requirements:
a. 'fhe applicant must complete intallatian of all drainage and other regional
in~proven~ents, particularly off site in~pro~rements;
PACx~ 3
i. Upon applictian to, and approval by, the 1ty Engineer, the pardon of
this condition requiring prior installation ofrequired permanent drainage
improvements nay be satisfied by constructing ternparary drainage
in~provnent such s detention ponds} that, i the opinion of the pity
Engineer, are adequate to offset the decreaae in permeable surface of the
permitted phase of development and prevent harm to davvr~.trem
prapertics, pending completion and acceptance of required permanent
regional improvements for drainage.
b. ~`hc applicant must enter into an agreement with the pity, in a farm approved
by the City Attorney, which indemnifies and holds the pity harrnless for any
failure of the applicant, owner ar builder to obtain necess~.ry access and
drainage easements and permits, or to build needed affsite hnpravements;
and
c. A building permit issued in this manner nay be withdrav~rn upon failure to
meet any imposed condition, as set forth in X35.1.1 a.
2. T'he applicant must install aid demonstrate proper function of fire hydrants and
all-weather access in~proveents for ire apparatus required by the p'ire bode and
chapter ~~ of the Benton fade of ~rdlnances, prior to ar~y construction above
slab.
[~~~stin subsection E is deleted, end subsections F and ire renumbered as E end ~,
respectively,
PAGE 4
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2008
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
~T 1R.TF,CT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
The following boards/commissions require nominations:
Planning and Zoning Commission -This is Mary Thibodeaux's position. This is a nomination for
Deputy Mayor Pro Tem Mulroy.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:1Boards & CommlAgenda Info Sheet for Vacancies 01.08.08.docx