HomeMy WebLinkAboutOctober 4, 2011 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
October 4, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will
4:30 p.m.
convene in a Work Session on Tuesday, October 4, 2011 at in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study
that the Texas Department of Transportation (TxDOT) is preparing for the IH-35E
expansion project.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
CLOSED MEETING
1.Closed Meeting:
A. Deliberations regarding Certain Public Power Utilities: Competitive Matters –
Under Texas Government Code Section 551.086; and Consultation with
Attorneys – Under Texas Government Code Section 551.071.
1. Consultation and receipt of information from the City’s attorneys
regarding the present status of and possible alternatives to pursue
regarding the pending rate litigation entitled: The University of North
Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No. 02-
09-00395-CV; and receive a Public Power competitive and financial
matters presentation from Denton Municipal Electric staff regarding
possible electric rate-setting factors and methodologies, and possible
provisions of contracts for the sale of power by and between the City and
the two State universities located in the City; discuss, deliberate, consider,
and provide Staff with direction regarding these matters
City of Denton City Council Agenda
October 4, 2011
Page 2
2. Receive a briefing from Staff regarding public power competitive and
financial matters regarding Wholesale Transmission Charges for
September through December 1999; and consult with the City’s attorneys
regarding legal issues involved in PUCT Docket No. 20381 and 39066 and
Cause No. 99-14787 that resulted in a decision by the Supreme Court of
Texas, Texas Municipal Power Agency et al. v. Public Util. Comm’n of
Texas, 253 S.W.3d 184 (Tex. 2007), which has resulted in a Stipulation
disposing of the all pending litigation regarding this matter, where a public
discussion of this legal matter would conflict with the duty of the City’s
attorneys to the Public Utilities Board under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas. Discuss, deliberate and
provide Staff with direction.
B. CONSULTATION WITH ATTORNEYS – Under Texas Government Code,
Section 551.071.
1. Consult with and provide direction to the City’s attorneys associated with
proposed enforcement related to sanitary sewer overflows and where a
public discussion of such legal matters would conflict with the duty of the
City’s attorneys to the City of Denton, Texas and the City Council of the
City of Denton, Texas under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
2. Consultation, discussion, deliberation, and receipt of information from the
City’s attorneys regarding potential litigation with Denton County Electric
Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to
disputes concerning franchise issues, where public discussion of these
legal matters would clearly conflict with the duty of the City’s attorneys to
the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER
EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council 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:
REGULAR MEETING
City of Denton City Council Agenda
October 4, 2011
Page 3
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
1.Fire Prevention Week
2.Presentation of the CLIDE Award for the Downtown Implementation Plan
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Alfred Sanchez regarding an exception to the Code to allow for housing
for the homeless.
2. Kirsten Bah regarding a smoke free Denton.
4. 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.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – Q). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A – Q below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A.Consider approval of a resolution adopting a revised City of Denton Handbook
for Boards, Commissions and Council Committees; and declaring an effective
date.
B.Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Brown Street and Preston Place 8
Inch Sanitary Sewer Replacements; providing for the expenditure of funds
therefor; and providing an effective date (Bid 4801–awarded to the lowest
responsible bidder meeting specification, Jagoe-Public Company, in the amount
of $241,220). The Public Utilities Board recommends approval (6-0).
City of Denton City Council Agenda
October 4, 2011
Page 4
C.Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Ruth Street 8 Inch Sanitary
Sewer Replacement; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4802–awarded to the lowest responsible bidder
meeting specification, Jagoe-Public Company, in the amount of $187,025). The
Public Utilities Board recommends approval (6-0).
D.Consider adoption of an ordinance accepting competitive bids and awarding a one
year contract for water and sewer inventory parts for the City’s Water and
Wastewater departments; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4753–One Year Contract for Water and Sewer
Inventory Parts awarded to the lowest responsible bidder for each item as shown
on Exhibit A in the annual estimated amount of $250,000).
E.Consider adoption of an ordinance accepting competitive proposals and awarding
a three year contract for traffic signal hardware for the City of Denton Traffic
Division; providing for the expenditure of funds therefor; and providing an
effective date (RFP 4757-Three Year Contract for Supply of Traffic Signal
Hardware awarded to the supplier that provided the best value for each item as
shown on Exhibit A in the three year estimated amount of $725,000).
F.Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for soil, sand, aggregate and lime for various City departments;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4798–Annual Contract for Soil, Sand, Aggregate and Lime awarded to the
lowest responsible bidder for each item as shown on Exhibit A in the annual
estimated amount of $2,000,000).
G.Consider adoption of an ordinance amending Ordinance Number 2001-406 of the
Code of Ordinances of the City of Denton, Texas, relating to compensation paid
to the City for use and occupancy of public rights-of-way by providers; providing
a savings clause; and providing an effective date.
H.Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, granting to Denton County Electric Cooperative, Inc., D/B/A CoServ
Electric, its successors and assigns, the non-exclusive right to use and occupy
rights-of-way within the City of Denton for the construction and operation of an
electric transmission and distribution system; prescribing conditions governing
the use of the public rights-of-way; providing for compensation therefor,
providing for a term of said franchise, providing for written acceptance of this
franchise; finding that the meeting at which this ordinance is passed is open to the
public; providing for severability; and providing for an effective date.
I. Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse expenditures from the unreserved fund balance of the General
Fund with Certificates of Obligation with an aggregate maximum principal
amount equal to $2,070,092 to facilitate the purchase of General Fund vehicles
and equipment, and providing an effective date.
City of Denton City Council Agenda
October 4, 2011
Page 5
J.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute contracts through the Buy Board Cooperative
Purchasing Network and Houston-Galveston Area Council of Governments (H-
GAC) for the acquisition of one Vacuum Truck, two Backhoe Loaders, and two
Skid Steers for various City of Denton Utility Departments; and providing an
effective date (File 4807–Truck and Heavy Equipment for Utility Departments
awarded to Southwest International Trucks in the amount of $289,399.40, Holt-
Cat in the amount of $173,016, and AG-Power Inc. in the amount of $75,402.17
for a total award amount of $537,817.57). The Public Utilities Board recommends
approval (7-0).
K. Consider adoption of an ordinance approving a lease agreement with Denton
County for parking lot spaces located at the Williams Trade Square; providing a
severability clause; and an effective date.
L. Consider adoption of an ordinance approving a lease agreement with Wells Fargo
Bank for parking lot spaces located at the Williams Trade Square; providing a
severability clause; and an effective date.
M. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a funding agreement between the City of Denton and the
Denton Affordable Housing Corporation; providing for the terms of said contract;
authorizing the City Manager to execute the agreement and to expend Home
Investment Partnership Program funds with respect to the agreement; and
providing for an effective date.
N. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving guidelines for operation of the City of Denton Home
Improvement Program and eligibility criteria; authorizing expenditures in excess
of $50,000 for projects meeting program guidelines and criteria; and providing for
an effective date.
O. Consider adoption of an ordinance authorizing the City Manager to approve a
fourth amendment to an Airport lease dated September 15, 1987 as amended by
Ordinance 2010-297 dated September 7, 2010 and by Ordinance 2011-035 dated
March 1, 2011 and by Ordinance 2011-097 between the City of Denton, Texas,
and First Financial Resources, Inc. at the Denton Municipal Airport; and
providing an effective date. The Council Airport Committee recommends
approval (3-0).
P. Consider adoption of an ordinance approving an Airport Safety Equipment Lease
Agreement between the City of Denton, Texas and Jet Works Air Center; and,
providing an effective date. The Council Airport Committee recommends
approval (2-0).
Q. Consider adoption of an ordinance authorizing the City Manager to execute a
Consent To Assignment and Assumption of Obligations between the City of
Denton, Energy Assets Operating Company L.L.C. (“Energy Assets”) and Legend
Gathering Company L.L.C. (“Legend”) consenting to the assignment of certain
City of Denton City Council Agenda
October 4, 2011
Page 6
rights and obligations from Energy Assets to Legend related to Right Of Way
License To Use Certain City Property For Placement of Transmission Pipelines,
dated on or about October 26, 2007, from the City to Energy Assets; providing for
severability and an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Consider nominations/appointments to the City’s boards and commissions.
1. Health & Building Standards Commission
2. Public Art Committee
B.Consider approval of a resolution nominating members to the Board of Directors
of the Denton Central Appraisal District; and declaring an effective date.
C. Consider approval of a resolution confirming the appointment of Warren Lee
Howell, by the City Manager, as Police Chief for the City of Denton Police
Department, and declaring an effective date.
6.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas providing for the Ad Valorem taxation of tangible personal
property in transit or “Super Freeport” goods pursuant to Section 11.253 of the
Texas Tax Code; providing a severability clause; providing a repealer clause;
authorizing the City Manager to forward said ordinance to the Denton Central
Appraisal District; and providing for an effective date. The Audit/Finance
Committee recommends approval (3-0).
B.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from Rural Residential 5 (RD-5)
zoning district classification and use designation to Industrial Center General (IC-
G) zoning district classification and use designation, on 29 acres of land legally
described as Lot 1, Block B, Corbin Road Business Park Phase I, Lots 1-5, Block
C, Corbin Road Business Park Phase II; Lots 1-6, Block A and Lots 6 and 7,
Block C, Corbin Road Business Park, Phase III; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof; providing a severability
clause and an effective date. (Z11-0014) The Planning and Zoning Commission
recommends approval (5-0).
C.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from Rural Residential 5 (RD-5)
zoning district classification and use designation to Industrial Center General (IC-
G) zoning district classification and use designation, on 22.03 acres of land
legally described as Lots 3-7, Block A, Corbin Road Industrial Park Phase I;
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommends approval (5-0).
City of Denton City Council Agenda
October 4, 2011
Page 7
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Donna Woodfork regarding bringing rental property up to code in
Southeast Denton.
2. Rebecca Murdock regarding a smoke free ordinance in Denton.
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C. 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 ___________________, 2011 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILLPROVIDE
SIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST
48HOURSINADVANCEOFTHESCHEDULEDMEETING.PLEASECALLTHECITY
SECRETARY'SOFFICEAT349-8309ORUSETELECOMMUNICATIONSDEVICESFORTHE
DEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATASIGNLANGUAGEINTERPRETERCAN
BESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study that the
Texas Department of Transportation (TxDOT) is preparing for the IH-35E expansion project.
BACKGROUND
At the September 6, 2011 Council Work Session, staff presented the draft IH-35E Corridor
Aesthetic Guidelines for the IH-35E expansion project. Council asked staff for additional
information regarding requesting an extension to the September 15, 2011 deadline, additional
locations to be considered for Accent or Enhanced treatments, partners for these projects, and the
form of the graphic panels that are proposed to be part of this project.
DISCUSSION
On September 7, 2011 Emerson Vorel sent a letter to William Hale, Dallas District Engineer of
TxDOT, requesting an extension until October 15, 2011. On September 8, 2011 Mayor Pro Tem
Kamp met with William Hale and received verbal confirmation of the extension. Email
conversations with Mr. Matt MacGregor of TxDOT have stated that once he receives the letter
Emerson Vorel spoke with Mr. Charles Jackson, UNT Vice President in charge of Facilities, on
September 9, 2011, and Mr. Jackson stated that UNT would like to have the North Texas Blvd
intersection added to the Accent list and he is looking forward to partnering with the City and
TxDOT to determine the content of the graphic panels at that location. He also stated that the
final plans for the UNT pedestrian bridge over IH-35E had been sent to the TxDOT offices in
Austin for final review. A sculpture of an eagle has been included on both sides of the pedestrian
bridge.
On September 9, 2011 Fred Greene spoke with Steve Backman of Red Development, who is
currently developing the south side of Rayzor Ranch, and they would like to explore a
partnership with the City to fund an Enhanced intersection at Highway 380 and IH-35. The
Highway 380 and IH-35
Staff will add this as an Accent intersection as the City pursues funding to create an Enhanced
intersection.
At the October 4, 2011 Work Session, direction regarding the locations
and the type of graphic panels the City would like to request (aluminum vs. form liner).
Decisions about what the graphic panels will actually depict will not be needed until TxDOT
determines final design of the project.
Agenda Information Sheet
IH-35E Corridor Aesthetics
October 4, 2011
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
September 6, 2011 Council Work Session
September 13, 2011 Council Special Called Meeting
FISCAL INFORMATION
The cost of the aesthetic treatments would be included in the project cost. Graphic display
enhancements at the Accent Aesthetic Treatment intersections would also be included in the
project cost, but Enhanced Aesthetic Treatments will require the participation of municipalities
and institutions for implementation.
EXHIBITS
Attachment 1- Low Contrast Aluminum
Attachment 2 - Dark Contrast Aluminum
Attachment 3 - Final Aluminum Product Installed at a Park Entrance
Attachment 4 - Form Liner Type of Graphic Panel Installed on IH-30 in Arlington (1)
Attachment 5 - Form Liner Type of Graphic Panel Installed on IH-30 in Arlington (2)
Attachment 6 - Form Liner Type of Graphic Panel Installed on IH-30 in Arlington (3)
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Frank Payne at 349-8946
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of the Brown Street and Preston Place 8 Inch Sanitary Sewer
Replacements; providing for the expenditure of funds therefor; and providing an effective date
(Bid 4801-awarded to the lowest responsible bidder meeting specification, Jagoe-Public
Company, in the amount of $241,220). The Public Utilities Board recommends approval (6-0).
BID INFORMATION
The Brown Street & Preston Place 8 Inch Sanitary Sewer Replacement project mainly consists of
The location of the project is shown on
Exhibit 1.
Bids were received on September 15, 2011. There were four bidders, with bids ranging from a
low total base bid of $241,220 to a high base bid of $335,497.
probable construction cost for the project was $247,011.50. The bid tabulation summary is
attached as Exhibit 2.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 26, 2011 the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award to Jagoe-Public Company in the amount of $241,220.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed within ninety calendar days of notice to proceed.
Agenda Information Sheet
October 4, 2011
Page 2
FISCAL INFORMATION
Funding for this project is budgeted in bond fund account number 640158541.1365.40100.
Requisition # 104759 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Project Location Map
Exhibit 2: Bid Tabulation
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4801
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 September 26, 2011
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, September 26, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and
11 Leonard Herring, Phil Gallivan, Barbara Russell
12
13 Ex Officio Members: Howard Martin, ACM Utilities
14
15 Absent: George Campbell, City Manager
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
21 designee, to implement each item in accordance with the staff recommendations. The Public
22
23 opportunity to raise questions regarding these items prior to consideration.
24
Item 4 was pulled by Board Member Cheek for him to leave the meeting while these items
25
were voted on.
26
27
28 4)Consider a recommendation of approval of Bid No. 4801 for the construction of the Brown
29 -Public Company in the
30 amount of $241,220.
31
Board Member Russell moved to approve item 4 with a second from Board Member
32
Robinson. The motion was approved by a 6-0 vote.
33
34
35 Adjournment 10:56am
36
37
38
39
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE BROWN STREET AND PRESTON PLACE
8 INCH SANITARY SEWER REPLACEMENTS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4801-AWARDED TO
THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC
COMPANY, IN THE AMOUNT OF $241,220).
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
4801 Jagoe-Public Co. $241,220
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. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4801 to the City Manager of the City of Denton, Texas, or his designee.
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 ,2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5-ORD-Bid 4801
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Frank Payne at 349-8946
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of the Ruth Street 8 Inch Sanitary Sewer Replacement; providing
for the expenditure of funds therefor; and providing an effective date (Bid 4802-awarded to the
lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of
$187,025). The Public Utilities Board recommends approval (6-0).
BID INFORMATION
The Ruth Street 8 Inch Sanitary Sewer Replacement project mainly consists of installing
The location of the project is shown on Exhibit 1.
Bids were received on September 15, 2011. There were four bidders, with bids ranging from a
probable construction cost for the project was $233,527.50. The bid tabulation summary is
enclosed as Exhibit 2.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 26, 2011 the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award to Jagoe-Public Company in the amount of $187,025.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed within sixty calendar days of notice to proceed.
Agenda Information Sheet
October 4, 2011
Page 2
FISCAL INFORMATION
Funding for this project is budgeted in Capital Improvement Project account number
640192541.1365.40100. The Wastewater Department will be advance funding the project with
reimbursement provided through Community Development Block Grant Funds. Requisition #
104761 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Project Location Map
Exhibit 2: Bid Tabulation
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
6
1-AIS-Bid 4802
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 September 26, 2011
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, September 26, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and
11 Leonard Herring, Phil Gallivan, Barbara Russell
12
13 Ex Officio Members: Howard Martin, ACM Utilities
14
15 Absent: George Campbell, City Manager
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
21 designee, to implement each item in accordance with the staff recommendations. The Public
22
23 opportunity to raise questions regarding these items prior to consideration.
24
Item 3 was pulled by Board Member Cheek for him to leave the meeting while these items
25
were voted on.
26
27
28 3)Consider a recommendation of approval of Bid No. 4802 for the construction of the Ruth
29 -Public Company in the amount of $187,025.
30
Board Member Russell moved to approve item 3 with a second from Board Member
31
Robinson. The motion was approved by a 6-0 vote.
32
33
34 Adjournment 10:56am
35
36
37
38
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE RUTH STREET 8 INCH SANITARY
SEWER REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 4802-AWARDED TO THE LOWEST
RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC COMPANY, IN THE
AMOUNT OF $187,025).
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
4802 Jagoe-Public Company $187,025
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. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4802 to the City Manager of the City of Denton, Texas, or his designee.
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 ,2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5-ORD-Bid 4802
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Karen Smith 349-8436
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a one year contract
for Water and Sewer Inventory P
providing for the expenditure of funds therefor; and providing an effective date (Bid 4753-One
Year Contract for Water and Sewer Inventory Parts awarded to the lowest responsible bidder for
each item as shown on Exhibit A in the annual estimated amount of $250,000).
BID INFORMATION
This bid is for miscellaneous items that are stocked in the Warehouse for ease of accessibility to
be used by the Water and Wastewater departments in their daily operations, and for repair and
maintenance of their distribution and collection systems. Materials will be ordered on an as
needed basis to maintain appropriate stocking levels.
was not considered. HD Supply took exception to the minimum specifications, which add risk to
the City and do not meet the minimum requirements.
RECOMMENDATION
Award to the lowest responsible bidder meeting specification for each item listed below.
Bidders offering lower prices for items 38, 274-282, and 308 were rejected for failure to meet
specification regarding either the brand or manufacturer. Items 21, 350, and 365 had tied pricing
and in each case, the tie was broken by the shorter lead time of the recommended supplier. No
bids were received meeting specification for items 324, 334, 336, 339, 341, 342, 343, and 349 so
these items will not be awarded.
Item Number Vendor
Items 1, 2, 6, 7, 13, 62, 89-91,94-98, 100-103, 112, ACT Pipe and Supply, Inc.
114, 116, 148, 151, 164-165, 172, 173, 187-191
213-217, 219-232, 264, 283-293, 296-298,
308-321, 330-332, 365, 368-369
Agenda Information Sheet
October 4, 2011
Page 2
RECOMMENDATION (CONTINUED)
Item Number Vendor
Items 3-5, 38, 41, 43, 44, 63-65, 79-85, 92, 93, 99, Morrison Supply
104, 105, 115, 117, 118, 120, 121, 123, 127,
128, 131-138, 143, 145-147, 149, 150, 152-163,
166-171, 184, 185, 192-209, 218, 233, 234, 236
237, 249, 255-258, 263, 265, 270-282, 295,
323, 325, 326, 329, 356, 357, 359, 361-364, 366
Items 8-12, 14-19, 21-37, 39, 119, 122, 124-126, Ferguson Waterworks
129, 130, 139-142, 144, 367
Items 20, 40, 42, 45-61, 66-78, 86-88, 106-111, 113 MSC Waterworks
174-183, 186, 210-212, 235, 238-248, 250-254,
259-262, 266-269, 294, 299-307, 322, 327, 328,
350-355, 358, 360
Items 333, 335, 337, 338, 340, 344 Badger Meter
Items 345-348 Metron-Farnier
Due to the volatility of material prices, item prices may be adjusted (increase/decrease) quarterly
as market conditions change.
PRINCIPAL PLACE OF BUSINESS
ACT Pipe and Supply BadgerMeter, Inc. Ferguson Waterworks
Dallas, TX Milwaukee, WI Euless, TX
Metron-Farnier Morrison Supply Company MSC Waterworks
Boulder, CO Waxahachie, TX Euless, TX
ESTIMATED SCHEDULE OF PROJECT
This is a one year contract with the option to renew for additional one year periods. At renewal,
the bid prices may be adjusted in accordance with a federal index for related items.
Agenda Information Sheet
October 4, 2011
Page 3
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse Working Capital account and charged
back to the using department.
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
Attachment 1: Bid Tabulation
1-AIS-Bid4753
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ONE YEAR
AND WASTEWATER DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4753-ONE YEAR CONTRACT
FOR WATER AND SEWER INVENTORY PARTS AWARDED TO THE LOWEST
RESPONSIBLE BIDDER FOR EACH ITEM AS SHOWN ON EXHIBIT A IN THE ANNUAL
ESTIMATED AMOUNT OF $250,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
ITEM
NUMBER VENDOR AMOUNT
Items 1, 2, 6, 7, 13, 62, 89-91, 94-98, 100-103, ACT Pipe and Supply, Inc. Exhibit A
112, 114, 116, 148, 151, 164-165, 172, 173,
187-191, 213-217, 219-232, 264, 283-293,
296-298, 308-321, 330-332, 365, 368-369
Items 3-5, 38, 41, 43, 44, 63-65, 79-85, 92, 93, 99, Morrison Supply Exhibit A
104, 105, 115, 117, 118, 120, 121, 123, 127,
128, 131-138, 143, 145-147, 149, 150, 152-163,
166-171, 184, 185, 192-209, 218, 233, 234,
236, 237, 249, 255-258, 263, 265, 270-282,
295, 323, 325, 326, 329, 356, 357, 359,
361-364, 366
Items 8-12, 14-19, 21-37, 39, 119, 122, 124-126, Ferguson Waterworks Exhibit A
129, 130, 139-142, 144, 367
ITEM
NUMBER VENDOR AMOUNT
Items 20, 40, 42, 45-61, 66-78, 86-88, 106-111, 113 MSC Waterworks Exhibit A
174-183, 186, 210-212, 235, 238-248, 250-254,
259-262, 266-269, 294, 299-307, 322, 327, 328,
350-355, 358, 360
Items 333, 335, 337, 338, 340, 344 Badger Meter Exhibit A
Items 345-348 Metron-Farnier 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. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4753 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-BID 3753
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
SECTION A:
15EABOX VALVE EXTENSION 24"$28.89
2185EABOX VALVE LID$7.16
370EABOX VALVE RISER 1 1/2"$81.95
4110EABOX VALVE RISER 1" W/SET SCREW$77.65
5416EABOX WATER METER 34-A SHORT$88.00
6167EABOX, VALVE BASE$15.64
7219EABOX, VALVE TOP SECTION 10"$11.66
8135EABOX, WATER METER 34-B LONG$93.32
963EABOX, WATER METER 55A$237.00
1028EABOX, WATER METER LID 55A&548A$95.28
11312EABOX, WATER METER LID FOR 34A/B$25.71
1261EABOX, WTR METER 548A$233.67
1310EABOX,VALVE,TOP SECTION 16"$17.23
1425EAVALVE BOX, SHORT (SEWER ONLY)$59.45
1525EABOX, METER PLASTIC MARKED SEWER$86.25
SECTION B:
165EAMANHOLE RING, PLASTIC 24" X 2"$20.91
175EAMANHOLE RING, PLASTIC 24" X 4"$40.71
185EAMANHOLE RING, PLASTIC 24"X1.5"$20.91
195EAMANHOLE RING, PLASTIC 24"X1.5"$20.91
205EAMANHOLE RISER SET SCREW$2.40
2122EAMANHOLE, LID 300-24$138.00
2269EAMANHOLE, RING 400-24$168.10
235EAMANHOLE, LID 30"$195.54
245EAMANHOLE, RING 30"$186.75
255EAMANHOLE, RISER 300X24 1 1/2"$233.57
265EAMANHOLE, RISER 300X24 2 1/2"$255.10
275EAMANHOLE, RISER 300X24 2"$233.57
285EAMANHOLE, RISER 300X24 4"$284.50
295EAMANHOLE, RISER 300X24 6"$356.28
305EAMANHOLE, RISER 400X24 1 1/2$296.80
318EAMANHOLE, RISER 400X24 1"$296.80
325EAMANHOLE, RISER 400X24 2 3/4"$308.24
3310EAMANHOLE, RISER 400X24 2"$296.80
346EAMANHOLE, RISER 400X24 3"$308.09
355EAMANHOLE, RISER 400X24 4"$353.92
369EAMANHOLE, RISER 400X24 6"$371.00
3777EAMANHOLE, SAN SWR LID 400-24$169.00
38166EAGASKET, RAM NEK FLEXIBLE 42"
$6.00
3931EASEALER MANHOLE$17.04
SECTION C:
405EASLEEVE TAPPING 12" X 12"$1,126.55
415EASLEEVE, SOLID MJ 12" X 12"$121.36
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
425EASLEEVE, SOLID MJ 4" X 12"$25.30
4323EASLEEVE, SOLID MJ 6" X 12"$45.76
4414EASLEEVE, SOLID MJ 8" X 12"$75.10
455EASLEEVE, TAPPING 10" X 6" SS MJ$458.65
466EASLEEVE, TAPPING 12" X 6" SS MJ$495.30
472EASLEEVE, TAPPING 12" X 8" SS MJ$632.60
4817EASLEEVE, TAPPING 6" X 6" SS MJ$417.30
4910EASLEEVE, TAPPING 6" X 4" SS MJ$394.50
5010EASLEEVE, TAPPING 8" X 4" SS MJ$403.95
5110EASLEEVE, TAPPING 12" X 4" SS MJ$461.30
5213EASLEEVE, TAPPING 8" X 8" SS MJ$586.80
538EASLEEVE, TAPPING 8"X6 " SS MJ$447.50
545EASLEEVE,TAPPING 10" X 8" SS MJ$658.15
5522EAMEG-A-LUG GLAND KIT 12"$70.40
5635EAMEG-A-LUG GLAND KIT 4" C-900$22.50
5785EAMEG-A-LUG GLAND KIT 6" C-900$28.10
5839EAMEG-A-LUG GLAND KIT 8" C-900$38.50
595EABOLT SET FOR 12" TAP VALVE$15.10
605EABOLT SET FOR 4" TAP VALVE$3.85
615EABOLT SET FOR 8" TAP VALVE$6.40
627EABOLT/GASKET SET-12" FLANGE PK$19.00
635EABOLT/GASKET SET-4" FLANGE PACK$5.18
6455EABOLT/GASKET SET-6" FLANGE PACK$8.03
655EABOLT/GASKET SET-8" FLANGE PACK$8.55
6617EACLAMP FULL CIRCLE 12" X 7.5"$74.50
6720EACLAMP FULL CIRCLE 2" X 15"$55.00
6830EACLAMP FULL CIRCLE 2" X 7.5"$30.80
695EACLAMP FULL CIRCLE 2.5" X 7"$32.75
707EACLAMP FULL CIRCLE 4" X 15"$69.45
7110EACLAMP FULL CIRCLE 4" X 7.5"$37.25
72116EACLAMP FULL CIRCLE 6" X 15"$73.60
7376EACLAMP FULL CIRCLE 6" X 7.5"$40.50
745EACLAMP FULL CIRCLE 8" X 15"$91.70
7521EACLAMP FULL CIRCLE 8" X 7.5"$50.00
7650EACLAMP FULL CIRCLE 8"x15"$91.70
7717EACLAMP, FULL CIRCLE 12"X20"$187.75
785EACLAMP, LEAK 2" X 6"$29.50
7965EACLAMP, SNAP 40"$2.25
80174EACLAMP, SNAP, 51"$3.29
8112EACLAMP,REPAIR,1 1/2"$4.15
8220EACLAMP,REPAIR,1"$4.15
835EACLAMP,REPAIR,1/2"$3.11
845EACLAMP,REPAIR,2"$4.15
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
8522EACLAMP,REPAIR,3/4"$3.11
865EACLAMP,S.S.4"X3/4" TAP$48.15
877EACLAMP,S.S.6"X1" TAP$72.25
885EACLAMP,S.S.8"X1" TAP$77.00
897EAVALVE FL-MJ 12" NON THREADED$1,119.50
9044EAVALVE FL-MJ 6"$373.50
914EAVALVE FL-MJ 8"$583.50
922EAVALVE GATE 1 1/2"$22.00
935EAVALVE GATE 1"$11.00
94EAVALVE, GATE FL X MJ 4" LESS ACCESSORIES$279.50
952EAVALVE GATE 2" W/NUT I-I,THREAD$178.50
966EAVALVE GATE 2"-BRASS (NIBCO ONLY$68.00
974EAVALVE GATE FL 4" W/NUT$290.00
987EAVALVE GATE FL 4" W/WHEEL$290.00
9935EAVALVE GATE FL. 3" W/WHEEL$258.12
1005EAVALVE GATE MJ 12" W/O ACCESS.$1,173.00
1016EAVALVE GATE MJ 4" W/O ACCESS.$292.50
1027EAVALVE GATE MJ 6" W/O ACCESS.$373.50
10324EAVALVE GATE MJ 8" W/O ACCESS.$594.50
1048EAVALVE PLUG MJ 6"$25.36
1053EAVALVE PLUG MJ 8"$38.30
1065EAVALVE TAPPING 12" W/O ACCESS.$1,336.00
1072EAVALVE TAPPING 4" W/O ACCESS.$333.60
1081EAVALVE TAPPING 6" W/O ACCESS.$445.85
1095EAVALVE TAPPING 8" W/O ACCESS.$700.00
11039EAVALVE, BALL 2" FIP-FIP$159.50
11119EAVALVE, BALL 3/4-3/4 FL-IP$32.45
1126EAVALVE, BALL METER 1.5"$122.25
11316EAVALVE, BALL METER 2"$203.80
1141EAVALVE, DOUBLE CHECK 2"$202.00
1151EAVALVE, PLUG M.J. 4"$13.43
SECTION D:
1165EAHYDRANT 2" 3'BURY 2.5 NOZZLE$700.00
HYDRANT COLLISION REPAIR KIT-
1175EA$94.92
KENNEDY
1185EAHYDRANT COLLISION REPAIR KIT - US PIPE$86.55
1195EAHYDRANT EXTENSION 12"$178.95
1207EAHYDRANT EXTENSION 12"$265.85
1215EAHYDRANT EXTENSION 12"OLD STYLE$293.25
1225EAHYDRANT EXTENSION 18"$214.95
1235EAHYDRANT EXTENSION 18"-OLDSTYLE$326.49
1245EAHYDRANT EXTENSION 24"$239.00
1255EAHYDRANT EXTENSION 36" WATEROUS$279.75
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
1265EAHYDRANT EXTENSION 6"$151.89
1275EAHYDRANT EXTENSION 6"NEW STYLE$225.00
12811EAHYDRANT FLANGE GASKET$6.30
1295EAHYDRANT MAIN VALVE KIT - OLD$369.50
13013EAHYDRANT MAIN VALVE KIT -NEW$250.34
1315EAHYDRANT MAIN VALVE KIT - WATEROUS$615.34
1325EAHYDRANT MAIN VALVE KIT - US PIPE$632.65
13310EAHYDRANT MAIN VALVE-MUELLER$46.43
1345EAHYDRANT MAIN VALVE-WATEROUS$43.74
13520EAHYDRANT REPAIR KIT NEW STYLE$99.15
13610EAHYDRANT 6" EXTENSION FOR US PIPE $163.93
13710EAHYDRANT, 12' EXTENSION - US PIPE$196.72
13810EAHYDRANT TRAFFIC REPAIR KIT (US PIPE)$84.15
13920EAHYDRANT REPAIR KIT-BREAK FLNG$83.00
1407EAHYDRANT, FIRE 3.5' BURY$1,418.59
1415EAHYDRANT, FIRE 4' BURY$1,452.00
14233EAHYDRANT, FIRE 5' BURY$1,519.80
1435EAHYDRANT,REPAIR KIT (OLD STYLE)$106.22
14421EAWRENCH, FIRE HYDRANT$15.85
SECTION E:
1455EAPIPE CAP MJ 12"$63.65
1465EAPIPE CAP MJ 8"$33.33
14716QTPIPE COMPOUND SEAL $22.62
1485RLPIPE POLY TUBING 1 1/2" X 100'$71.00
1495EAPIPE, CAP MJ 4"$11.44
15016EAPIPE, CAP MJ 6"$20.39
15135RLPIPE, POLY TUBING 2" X 100'$112.00
15223RLENCASEMENT POLY 29 X 200'$70.00
1535EABEND, DUCTILE 12" X 22 1/2 C.I$115.40
15420EABEND, DUCTILE 12"X45 CAST IRON$131.81
1555EABEND, DUCTILE 6" X 22 1/2$37.80
15639EABEND, DUCTILE 6"X45 CAST IRON$41.28
1575EABEND, DUCTILE 8"X22 1/2 C.I.$58.69
1587EABEND, DUCTILE 8"X45 CAST IRON$60.19
1595EAGLAND KIT M.J. 10"$24.37
160116EAGLAND KIT M.J. 12"$25.37
16123EAGLAND KIT M.J. 4"$10.44
162283EAGLAND KIT M.J. 6"$14.92
163143EAGLAND KIT M.J. 8"$16.91
16470EAINSERT STIFFENER 1 1/2"$2.00
165267EAINSERT STIFFENER 2"$2.15
1665EAPLUG,PUSH IN FOR 12" DUCTILE$71.62
1675EAPLUG,PUSH IN FOR 6" DUCTILE$29.35
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
1685EAPLUG,PUSH IN FOR 8" DUCTILE$39.79
16927EATEE, 12X6X12 ( MJXFLXMJ)$198.47
1709EATEE, 6x6x6 (MJXFLXMJ)$85.00
17110EATEE, 8X6X8 ( MJXFLXMJ)$102.96
1725EAHOSE, SEWER FLUSH 1" X 500'$2,150.00
1735EAHOSE, SEWER FLUSH 3/4" X 500'$1,650.00
17413EAPUMP UTILITY W/6' HOSE$25.00
SECTION F:
17521EACONNECTOR WATER 1 1/2" MIP-PJ$32.10
17632EACONNECTOR WATER 1 1/2" PJ-PJ$40.10
177132EACONNECTOR WATER 1" MIP-PJ$9.15
17856EACONNECTOR WATER 1" PJ-PJ$10.75
179189EACONNECTOR WATER 2" MIP-PJ$45.75
18057EACONNECTOR WATER 2" PJ-PJ$62.25
18183EACONNECTOR WATER 3/4" IP-PJ$7.75
18254EACONNECTOR WATER 3/4" PJ-PJ$9.40
1835EACONNECTOR WATER ELL 3/4" C-I$8.25
18434EACOUPLING METER 2 BOLT 1 1/2"$63.87
18592EACOUPLING METER 2 BOLT 2" $77.46
18626EACOUPLING METER EXPANSION 3/4"$10.30
18742EAELBOW, BRASS 3/4X90$3.31
18812EAELBOW,BRASS 2" X 45 $18.19
18983EAELBOW,BRASS, 1" X 90 F-F$5.11
1907EAELBOW,BRASS, 1.5" X 90$10.14
19165EAELBOW,BRASS, 2" X 90$16.51
19290EANIPPLE 1", BRASS, ALL THREAD$2.39
19347EANIPPLE, BRASS 1" X 4"$5.17
19441EANIPPLE, BRASS 3/4" X 2"$2.06
19559EANIPPLE, BRASS, 2"X2" ALL THREAD$7.16
19659EANIPPLE, BRASS, 1"X 6"$7.59
19729EANIPPLE, BRASS, 1 1/2"X6"$13.36
1985EANIPPLE, BRASS, 1 1/4" X 6"$10.59
19945EANIPPLE, BRASS, 1" X 2"$2.95
2009EANIPPLE, BRASS, 1.5" X 2"$5.04
2019EANIPPLE, BRASS, 1.5" X 4"$9.06
20270EANIPPLE, BRASS, 2"X4"$11.63
203148EANIPPLE, BRASS, 2"X6"$17.18
20451EANIPPLE, BRASS, 3/4" ALLTHREAD$1.62
20517EANIPPLE, BRASS, 3/4" X 4"$3.55
20611EANIPPLE, BRASS, 3/4" X 6"$5.21
207217EANIPPLE METER,BRASS, 1X2.5"$7.80
20842EANIPPLE METER,BRASS, 1X3"$10.12
20945EANIPPLE METER,BRASS, 1X8.5"$17.67
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
210102EANIPPLE METER,BRASS, 3/4X2.5$5.00
21182EANIPPLE METER,BRASS, 3/4X3"+$6.00
212522EANIPPLE METER,BRASS, 3/4X8.5"$12.95
2137EAPLUG BRASS 1 1/2"$4.85
21426EAPLUG BRASS 1"$2.55
21513EAPLUG BRASS 2"$7.64
21618EAPLUG BRASS 3/4"$1.94
21724EAREDUCER BELL BRASS 1"X3/4"$5.35
21810EAREDUCER BUSHING,BRASS 1.5X3/4"$7.95
2198EAREDUCER BUSHING,BRASS 3/4X1/2"$1.77
22047EAREDUCER BUSHING,BRASS, 1"X3/4"$2.68
2217EAREDUCER BUSHING,BRASS, 1.5"X1"$5.84
22257EAREDUCER BUSHING,BRASS, 2"X1"$10.40
2239EAREDUCER BUSHING,BRASS, 2"X1.5"$8.64
22441EAREDUCER BUSHING,BRASS, 2"X3/4"$10.40
22511EATEE, BRASS 1 1/2$13.95
22638EATEE, BRASS, 1"$7.22
22759EATEE, BRASS, 2$22.85
22811EATEE, BRASS, 3/4"$4.07
22958EACOUPLING, BRASS, 1" FEMALE$4.07
23058EACOUPLING, BRASS, 3/4" FEMALE$2.68
23115EACOUPLING BRASS,1 1/2" FEMALE$8.64
23270EACOUPLING BRASS,2" FEMALE$14.22
23314EACOUPLING COMPRESSION 1 1/2"X5"$16.14
23413EACOUPLING COMPRESSION 2"X 5"$26.37
23519EACOUPLING COMPRESSION 3/4" X 5"$9.40
23617EASTOP, ANGLE METER 1" I.P. with pad wing$24.84
23783EASTOP, ANGLE METER 1" P.J. with pad wing$28.36
23859EASTOP, ANGLE METER 3/4" I.P. w/ pad wing$16.00
23938EASTOP, ANGLE METER 3/4" P.J. w/ pad wing$20.50
240249EASTOP, CORP. 1"PJ W/LOCKNUT w/ pad wing$26.10
24147EASTOP, CORP. 2" REG with pad wing$147.30
24210EASTOP, CORP. 3/4"PJ with pad wing$17.25
24341EASTOP, CURB 1" I-I with pad wing$42.30
244275EASTOP, CURB 1" PJ-IP with pad wing$47.10
24537EASTOP, CURB 3/4" I-I with pad wing$27.60
24661EASTOP, CURB. 3/4" PJ-I with pad wing$31.00
247414PRADAPTER, METER 3/4" X 1" w/ pad wing$9.80
24816EAANGLE BALL VALVE 2" with pad wing$159.80
SECTION G:
24938EASADDLE TAP,BRAS,6"X1" $68.99
2505EASADDLE TAP,BRASS,4"X1"$58.00
2515EASADDLE TAP,BRASS,4"X2"$73.65
2525EASADDLE TAP,BRASS,6"X3/4"$68.30
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
25359EASADDLE TAP,BRASS,8"X1"$84.55
2545EASADDLE TAP,BRASS,8"X3/4"$84.55
25564EASADDLE, WYE FLEXIBLE 4"$26.27
25622EASADDLE, WYE FLEXIBLE 6"$46.25
2575EASADDLE,TAP 20"X1" CONCRETE CYL$220.73
2585EASADDLE,TAP 20"X2" CONCRETE CYL$220.73
2595EASADDLE,TAP,10"X1" BRASS$104.75
260130EASADDLE,TAP,12"X1" BRASS$122.60
2617EASADDLE,TAP,12"X2" BRASS$140.80
2625EASADDLE,TAP,16"X1" BRASS$300.30
2635EASADDLE,TAP,16"X1" CONC CYL$193.78
2645EASADDLE,TAP,16"X2" BRASS$130.12
2655EASADDLE,TAP,16"X2" CONC CYL$193.78
2665EASADDLE,TAP,20"X1" BRASS$429.75
2675EASADDLE,TAP,20"X2" BRASS$429.75
26819EASADDLE,TAP,8"X2" BRASS$96.95
26919EASADDLETAP,BRASS,6"X2"$85.85
27020EAGASKET FULLFACE RED RUB 4$1.09
27120EAGASKET FULLFACE RED RUB 8$2.41
2725EAGASKET M.J. 4$2.53
27320EAGASKET, FULL FACE RED RUB. 6"$1.43
SECTION H:
27411EAADAPTER 10"PVC-10"PVC$54.78
275258EAADAPTER 4"PVC-4"PVC$16.85
27667EAADAPTER 6"PVC-6"PVC$50.78
27752EAADAPTER 8"PVC-8"PVC SHEAR$47.67
27836EAADAPTER ECC. 10"C-10"PVC$49.36
2795EAADAPTER ECC. 12"C-12"PVC$75.90
280217EAADAPTER ECC. 4"C-4"PVC$18.70
281250EAADAPTER ECC. 6"C-6"PVC$26.17
28272EAADAPTER ECC. 8"C-8"PVC$33.95
28317EABEND, PVC, 22 1/2 X 4" BXB$4.54
28481EABEND, PVC, 22 1/2 X 4" BXS$4.32
28519EABEND, PVC, 22 1/2 X 6" BXS$8.49
2868EABEND, PVC, 22 1/2 X 8" BXS$27.22
287362EABEND, PVC, 45 X 4" BXS$4.09
28872EABEND, PVC, 45 X 6" BXS$8.17
28914EABEND, PVC, 45 X 8" BXS$24.66
29010EABEND PVC 90 X 6'' B X S $11.12
29110EABEND PVC 90 X 8'' B X S $30.02
29210EA6'' X 4'' REDUCER B X S ECCENTRIC$8.59
29310EA8'' X 6'' RECUCER B X S ECCENTRIC$24.50
29410EACLEANOUT 4'' WITH GASKET 2 BOLTS$42.00
295567EACLEANOUT 4"$1.19
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
296567EACLEANOUT PLUG 4"$1.22
29763EACLEANOUT 6"$10.67
29863EACLEANOUT PLUG 6"$5.74
299419JTPIPE, PVC WATER, 12"X20' DR-18$319.00
3008JTPIPE, PVC, SEWER, 10"X13'$77.00
30110JTPIPE, PVC, SEWER, 12"X13'$110.60
302292JTPIPE, PVC, SEWER, 4"X14' $12.60
30391JTPIPE, PVC, SEWER, 6"X14'$27.30
304213JTPIPE, PVC, SEWER, 8"X14'$49.00
30512JTPIPE, PVC, WATER, 4"X20' DR-18$43.60
306159JTPIPE, PVC, WATER, 6"X20' DR-18$86.60
307175JTPIPE, PVC, WATER, 8"X20' DR-18$150.40
3085EAPVC, LUBE 1/2 GALLON$20.00
3095EAWYE PVC 45 10X10X4 BXBXB$72.12
3105EAWYE PVC 45 10X10X4 BXBXS$70.10
31159EAWYE PVC 45 4X4X4 BXBXB $7.83
312108EAWYE PVC 45 4X4X4 BXBXS$10.16
31339EAWYE PVC 45 6X6X4 BXBXB$15.89
3146EAWYE PVC 45 6X6X4 BXBXS$15.89
3151EAWYE PVC 45 6X6X6 BXBXS$19.27
31677EAWYE PVC 45 8X8X4 BXBXB$23.59
31716EAWYE PVC 45 8X8X4 BXBXS$23.58
31810EAWYE PVC 45 8X8X6 BXBXB$28.27
3196EAWYE PVC 45 8X8X6 BXBXS$28.27
32014EAWYE, PVC, 45 6"x6"x6" BxBxB$17.99
32110WYE, PVC, 45 8''X8''X8'' B X B X B$49.29
32210WYE, PVC, 45 8''X8''X8'' B X B X S$72.00
SECTION I:
323413EARESETTER COPPER 3/4" $43.58
32584EARESETTER, COPPER 12"$45.67
32640EARESETTER, COPPER 15"$47.58
32710EARESETTER, COPPER, 1 1/2 X 18 "$510.00
32815EARESETTER,COPPER, 2 X 18"$562.50
32924EARESETTER,COPPER,1"$83.23
3308RLPIPE, COPPER TUBING 3/4"x100'$459.00
33159RLPIPE, COPPER TUBING, 1"X100'$563.00
33220RLPIPE, COPPER TUBING, 1"X60'$337.80
SECTION J:
33329EAMETER, WATER 1 1/2"$260.00
33588EAMETER, WATER 1"(DIRECT READ)$90.00
33793EAMETER, WATER 2" DIRECT READ$345.00
33821EAMETER, WATER 2" HP TURBINE$425.00
3401288EAMETER, WATER 5/8" X 3/4"$33.50
3447EAMETER, WATER FIRE HYDRANT 3"$602.36
EXHIBIT A
BID # 4753
DATE: July 26, 2011
Annual Contract for Water and Sewer
Warehouse Inventory
Est. An.
ItemUoMDescriptionVENDORVENDORVENDORVENDORVENDORVENDOR
Qty.
Metron- Badger Morrison MSC Water Ferguson ACT Pipe &
FarnierMeter, Inc.SupplyWorksWaterworksSupply, Inc.
Milwaukee, Waxahachie, Balch Springs,Euless, Dallas,
Principle Place of Business:
Boulder, CO
WITX TXTXTX
3455EAMETER, WATER SNGL JET,S260-3"$1,995.00
34612EAMETER, WATER,SINGLE JET, S175$1,869.00
3475EAMETER, WATER,SINGLE JET, S440$2,849.00
3485EAMETER, WATER,SNGL JET,S260-4"$2,695.00
SECTION K:
35064EAKEY, WATER METER BOX , BRASS$10.00
3517EAKEY, WATER METER BOX FORD$6.00
3526EALID, FOR FORD WTR METER BOX$8.85
3535EALID,SIGMA/,WTR MTR BOX 548L$28.35
3545EALID,SIGMA/WATERMETER BOX SHORT$22.20
3551450PRLOCK & SPRING, METER BOX LID$15.00
SECTION L:
356245EABOLT 1/2" X 2 1/2" S.S. \$1.74
357706EABOLT 1/2" X 2" S.S. \$1.74
3588EABOLT 3/4" X 3 1/2" T HEAD S.S.$1.25
3595EABOLT ANTIROTATING 3/4 X 4$1.72
3608EAFITTING SEWER HOSE 1" F-F$1.25
3615EAFITTING SEWER HOSE 1"F-M$10.94
3625EAFITTING SEWER HOSE 3/4 F-F$11.41
3635EAFITTING SEWER HOSE 3/4" F-M$45.00
36411EAHAMMER, MANHOLE LID EXTRACTOR$178.00
365252GALUBE,PIPE JTM PHOENIX/EASY-ON$9.00
3661EASTAKE HUB 2" X 2" X 9"$26.00
3675EASTEM UPPER STEEL$98.51
3685EAUNION, BRASS, 1 1/2$19.78
3699EAUNION, BRASS, 2$30.45
Addendum # 1
YESYESYESYESYESYES
*See attached
Delivery can be made within ______________ weeks
Up to 3-4 1 Day-
2 Weeksdelivery 2 Weeks
after receipt of order.
Weeks2 Weeks
schedule
Bidder is an authorized bidder, by the manufacturer, and is authorized to
YESN/AYESYESYES
sell to the City of Denton? YES NO N/A
*Prices shall be bid F.O.B. Denton
*In case of calculation error, unit pricing shall prevail.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Curt Arndt at 349-7342
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a three year
contract for traffic signal hardware for the City of Denton Traffic Division; providing for the
expenditure of funds therefor; and providing an effective date (RFP 4757-Three Year Contract
for Supply of Traffic Signal Hardware awarded to the supplier that provided the best value for
each item as shown on Exhibit A in the three year estimated amount of $725,000).
RFP INFORMATION
Request for Proposals (RFP) were solicited for the purchase of traffic signals and related items.
These materials will be utilized in the construction of new signals and in the maintenance of the
existing traffic control system throughout the city of Denton. Five (5) qualified proposals were
evaluated by a committee of three City employees from Traffic Control, Engineering, and
Facilities Management. Materials Management evaluated the delivery and price using a
calculation of comparison.
recommendation for the City. No local suppliers (city of Denton) submitted proposals. The
evaluation score sheet is attached as Exhibit 1.
RECOMMENDATION
Award to the lowest responsible bidder for each line item in the three year estimated amount of
$725,000.
Item # Vendor Amount
Items 1-4, 7-43, 52, 53 Consolidated Traffic Controls, Inc. Exhibit A
Items 5, 6, 44-46, 54-57 Paradigm Traffic Systems, Inc. Exhibit A
Items 50, 51 CES Network Services Exhibit A
Line items 47-49
PRINCIPAL PLACE OF BUSINESS
Consolidated Traffic Controls, Inc. CES Network Services Paradigm Traffic Systems, Inc.
Arlington, Texas Dallas, TX Arlington, TX
Agenda Information Sheet
October 4, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
This contract will remain in effect for three years from the date of award and may be renewed for
two additional one-year periods with price adjustments per RFP specifications. Delivery of
materials is estimated to be 60 days or less.
FISCAL INFORMATION
These supplies and materials will be funded from operating account 352001.6520 and project
account 360032444 on an as needed basis.
EXHIBITS
Exhibit 1: Evaluation Score Sheet
Exhibit 2: Pricing Sheet
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 4757
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A THREE
YEAR CONTRACT FOR TRAFFIC SIGNAL HARDWARE FOR THE CITY OF DENTON
TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 4757-THREE YEAR CONTRACT FOR SUPPLY OF
TRAFFIC SIGNAL HARDWARE AWARDED TO THE SUPPLIER THAT PROVIDED THE
BEST VALUE FOR EACH ITEM AS SHOWN ON EXHIBIT A IN THE THREE YEAR
ESTIMATED AMOUNT OF $725,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of traffic signal hardware in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP ITEM
NUMBER NUMBER CONTRACTOR AMOUNT
4757 1-4, 7-43, 52, 53 Consolidated Traffic Controls, Inc. Exhibit A
4757 5, 6, 44-46, 54-57 Paradigm Traffic Systems, Inc. Exhibit A
4757 50, 51 CES Network Services Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the three year agreement for traffic signal hardware to the City Manager of the City of Denton,
Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Karen Smith 349-8436
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an annual contract
for soil, sand, aggregate and lime for various City departments; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4798-Annual Contract for Soil, Sand,
Aggregate and Lime awarded to the lowest responsible bidder for each item as shown on Exhibit
A in the annual estimated amount of $2,000,000).
BID INFORMATION
This bid is for the annual supply of soil, sand, aggregate, and lime utilized by various City
departments in the maintenance and new construction of streets, utility lines, street cuts and
backfilling operations. These materials are ordered on an as needed basis.
RECOMMENDATION
Thirteen responses were received by the City from the advertised solicitation. All responses
received were from suppliers located within the metroplex with one response from a business
located within the city of Denton. We recommend award of this bid to the lowest responsible
bidder meeting specification for each item as listed on Exhibit A of the Ordinance for an
estimated annual amount of $2,000,000. Martin Marietta required that the City purchase a
minimum of 26 tons of materials on all line items. As a result, recommendations for award to
Items 9, 20, 21, 24, 26, 27, 28-29a, 34, 34a, 37, and 38 will not be awarded at this time since no
bids were received for these items.
PRINCIPAL PLACE OF BUSINESS
Anchor Sports 1, Inc. B&B Sand CJA Enterprises
Richardson, TX Aubrey, TX Collinsville, TX
Martin Marietta Materials Hanson Aggregates Living Earth Technology Co.
Lewisville, TX Irving, TX Dallas, TX
Denton Sand & Gravel, Inc. Red River Sand Co. Tim Beaty Builders, Inc.
Sanger, TX Denison, TX Denton, TX
Agenda Information Sheet
October 4, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
Funding for each individual order will come from the appropriate budget or bond account of the
using department.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4798
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR SOIL, SAND, AGGREGATE AND LIME FOR VARIOUS CITY
DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 4798-ANNUAL CONTRACT FOR SOIL, SAND,
AGGREGATE AND LIME AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH
ITEM AS SHOWN ON EXHIBIT A IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
4798 23 Anchor Sports 1, Inc. Exhibit A
4798 3, 15, 22a, B&B Sand Exhibit A
4798 1a, 2a, 3a, 4a, 5a, 6a, CJA Enterprises Exhibit A
7a, 8a, 9a, 11a, 12a,
14a, 20a, 21a, 26a, 35a, 36a
4798 4, 30 Denton Sand & Gravel Inc. Exhibit A
4798 5, 6, 7, 8, 10, 11, 12, Hanson Aggregates Exhibit A
13, 14, 36
4798 16, 17, 18, 18a, 19,19a, Martin Marietta Materials Exhibit A
4798 25, 25a, 31, 31a, 32, Living Earth Technology Co. Exhibit A
32a, 33, 33a,
4798 1, 2, 22, 35 Red River Sand Co. Exhibit A
4798 10a, 13a, 15a, 16a, 17a, Tim Beaty Builders, Inc. 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. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 4798 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-BID 4798
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance amending Ordinance number 2001-406 of the Code of
Ordinances of the City of Denton, Texas, relating to compensation paid to the City for use and
occupancy of public rights-of-way by providers; providing a savings clause; and providing an
effective date.
FILE INFORMATION
In conjunction with approval of the FY 2010-11 Budget, the City of Denton increased the
franchise fee rate of all internal utilities (Electric, Water and Wastewater), Solid Waste and the
Airport from 4% to 5% of gross revenues. The change was consistent with the rate paid by
investor-owned gas utilities (Atmos Energy and CoServ Gas) and cable providers (Charter,
Verizon and Grande Communications). Franchise fees for telecommunication providers are
based on access line fees in accordance with state law. State law further sets the franchise fee for
investor-owned electric providers (Oncor Electric) on a per kilowatt basis. The franchise fees
paid by electric cooperatives (CoServ Electric) are established by the local franchising authority
(i.e., City of Denton).
After negotiating a new franchise agreement with CoServ Electric, the City agreed to allow the
electric cooperative to calculate franchise fees on a per kilowatt basis. The CoServ Electric
fr
The attached ordinance is necessary to reflect the changes previously authorized in the FY 2010-
11 Budget and to allow the City to enter into a franchise agreement that sets the calculation of
franchise fees on a per kilowatt basis.
RECOMMENDATION
Staff recommends adoption of this ordinance.
Agenda Information Sheet
October 4, 2011
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
None.
EXHIBITS
1.Ordinance
Respectfully Submitted By:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, granting to
Denton County Electric Cooperative, Inc., D/B/A CoServ Electric, its successors and assigns, the
non-exclusive right to use and occupy rights-of-way within the City of Denton for the
construction and operation of an electric transmission and distribution system; prescribing
conditions governing the use of the public rights-of-way; providing for compensation therefor,
providing for a term of said franchise, providing for written acceptance of this franchise; finding
that the meeting at which this ordinance is passed is open to the public; providing for
severability; and providing for an effective date.
FILE INFORMATION
greement with CoServ Electric was due to expire on
December 6, 2009. However, the franchise agreement was extended in order to allow adequate
time to resolve issues surrounding an audit of delinquent franchise fees and to re-negotiate a new
franchise agreement. In an effort to defray the costs of re-negotiation and to reduce the burden
on CoServ Electric, the City of Denton joined a group of cities served by CoServ Electric
(Highland Village, Little Elm, Lewisville, McKinney, and The Colony) to attempt to re-negotiate
a standard franchise agreement. Over the last year and a half, staff has provided several updates
to the City Council on this project and numerous attempts were made to promptly bring this
matter to a resolution.
In July 2011, the Town of Little Elm withdrew from the group of cities and negotiated a separate
agreement with CoServ Electric. Their agreement was based on the last version submitted by
CoServ Electric to the group of cities but which lacked full support by all the cities. After
reviewing that agreement and discussing the various components with the City Council, staff
received direction to contact the company independently and attempt to bring this matter to a
resolution. Staff is glad to inform the City Council that all issues surrounding the audit of
delinquent franchise fees and the franchise agreement have been resolved and both the company
and staff are jointly recommending approval of the attached franchise agreement.
The agreement incorporates a number of provisio
(i.e., three readings, full publication of ordinance and written acceptance) and sets the franchise
compensation on a per kilowatt basis rather than on a gross revenue basis. In conjunction with
the item, staff
Code of Ordinance to allow for this type of franchise fee compensation.
Agenda Information Sheet
October 4, 2011
Page 2
The negotiated franchise will include compensation that is equivalent to 5% of gross revenues,
but it will be paid to the City on the basis of a per kilowatt hour fee calculated to be $0.005764
per kWh. By doing so, the CoServ Electric franchise fee will be in alignment with that of
Denton Municipal Utilities (Electric, Water and Wastewater) and other outside utilities that have
a franchise agreement with the City of Denton. The City of Denton Charter requires the
franchise to be approved three (3) times before it becomes effective. Staff anticipates that the
franchise agreement will be presented again to the City Council for consideration on October
thst
18 and November 1 and if approved, the new franchise will be effective January 1, 2012.
RECOMMENDATION
Staff recommends adoption of this ordinance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
None.
EXHIBITS
1.Ordinance/Franchise Agreement
Respectfully Submitted By:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse
expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation
with an aggregate maximum principal amount equal to $2,070,092 to facilitate the purchase of
General Fund vehicles and equipment, and providing an effective date.
BACKGROUND
The FY 2011-12 Capital Improvement Program Budget includes provisions for the replacement or
purchase of new vehicles and equipment. Vehicles and equipment are purchased with Certificates
of Obligation, which are sold in conjunction with a capital improvement program bond sale. The
capital improvement program bond sale is scheduled to occur in April 2012.
Due to necessary lead times in the purchase of vehicles and equipment, Fleet Services would like to
initiate this purchase prior to the sale of the Certificates of Obligation. The purchase will be made
out of the unreserved fund balance of the General Fund, and with the approval of the ordinance,
these funds will be reimbursed once the Certificates of Obligation are sold. The total expenditure
for the purchase of vehicles and equipment in the General Fund is $2,070,092. The list provided in
details the vehicles and equipment that will be purchased.
Vehicles and equipment
Replacement Criteria (see Exhibit 1). In general, vehicles and equipment are recommended for
replacement to avoid increased costs associated for maintenance and fleet downtime. For FY 2011-
12, the fleet purchases are for the replacement of existing vehicles and equipment with the
exception of one fleet addition that was approved in the budget process. The fleet addition is a
pickup truck to support a new Facilities Management technician position. Below is a brief
summary of the proposed fleet acquisitions (all units being replaced meet or exceed the fleet
replacement criteria):
Parks The pickup truck has exceeded it useful life and will be replaced with a comparable
vehicle.
Police - S
purchase of three new vehicles.
Police -
eleven vehicles. These units have a build cutoff date of November 1, 2011,
order window) and will not reopen until later in the year. As a result, the City needs to initiate
an order for these vehicles in the near future to avoid delivery delays.
Fire The Pumper Truck being replaced has exceeded its current useful life in front line
service, and this unit will be rolled into reserve status for an additional five years. The current
production of Pumpers is approximately 300 days from receipt of order and will more than
Agenda Information Sheet
October 4, 2011
Page 2
likely be closer to 345 day due to part delays. Thus, it is important to initiate the order on this
vehicle as quickly as possible to avoid delivery delays.
Streets - Two backhoes and one skid loader will be replacedan extended
build schedule and will need to proceed through the acquisition process as soon as possible to
ensure timely delivery.
Traffic The bucket truck has had serious mechanical failures and has exceeded its useful life.
This piece of equipment has become undependable for aerial work. It is estimated that it will
take a minimum of 285 days to complete the production of the aerial device, and 45 days to
build the chassis. As a result, it is important to initiate the acquisition process as soon as
possible to maintain service levels.
In total, twenty (20) vehicles and pieces of equipment are recommended for replacement, and one
(1) new vehicle is recommended to support a new Facilities Management technician position.
Following the approval of the reimbursement ordinance, staff will submit separate items for the
purchase of each of the vehicles and equipment mentioned above. These items are expected to be
considered by the City Council in October and November of this year.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
None
FISCAL INFORMATION
This ordinance will allow the Certificates of Obligation to reimburse the General Fund in the
amount of $2,070,092. The purchase of these vehicles was included in the FY 2011-12 Adopted
Budget.
EXHIBITS
1-Fleet Replacement Criteria
2-Ordinance
Respectfully submitted:
Bryan Langley
Chief Financial Officer
FLEET SERVICES FUND - INTERNAL SERVICE
(Fleet Administration/Vehicle Maintenance/Fuel/Parts/Fleet Rental)
CURRENT PRACTICES Every vehicle and piece of equipment in the Fleet has its life-to-date
maintenance and repair costs, age and mileage recorded in the fleet management software.
Using these three criteria, the software rates each vehicle on a 15-point weighted system as to
whether or not this particular unit should be considered for replacement during the next budget
year.
Two of the following criteria should be met to justify replacement of vehicles and equipment:
Age of vehicle/equipment should meet or exceed estimated useful life
(maximum 5 points)
Mileage/Hours should meet or exceed estimated useful life of the meter
(
maximum 5 points)
*Maintenance & repair costs should meet or exceed 50% of original cost
(maximum 10 points)
* Maintenance costs are defined as, but not limited to, any repairs, maintenance or
adjustments that are made from the date of acquisition until the date of disposal.
public and private,
from organizations such as the National Association of Fleet Administrators and the American
Public Works Association.
The City of Denton has adopted the best practices of the public sector as well as the private
This assists Fleet Services with the disposal of vehicles and equipment with the optimum
payback based on current market value.
See next page for Vehicle Replacement Criteria Schedule.
VEHICLE REPLACEMENT CRITERIA SCHEDULE
Revised for FY 06-07
TYPE Estimated Useful MILES or
Equipment & Vehicle Life / Years HOURS (1 hr=33 mi)
5 Years
Refuse Truck & Street Sweeper 150,000 Mi./ 3,750 Hr.
6 Years
Mower: Riding & Walking 3,000 Hr.
Tractor: Mower, light 6,000 Hr.
ATV, Gator 5,000 Hr.
Concrete Saw 5,000 Hr.
Roller: All types 6,000 Hr.
8 Years
Car: Full, Mid, Compact 100,000 Mi.
Suburban, SUV 100,000 Mi.
Van: All types 100,000 Mi.
Truck: Flushing 150,000 Mi.
*8 Years
*Replacement will be based on current Market
Loader: Track & Wheel 10,000 Hr.
Motorgrader, Backhoe, Trencher, Trackhoe, Dozer 10,000 Hr.
Scraper, Compactor (Landfill) 10,000 Hr.
Tractor: Mower, heavy 7,000 Hr.
8 / 10 Years
Truck: Pick-up, all tonnage & types (Gas / Diesel) 100,000 / 150,000 Mi.
10 Years
Truck: 5th Wheel, Tank, Dump, Haul 150,000 Mi.
Truck, Aerial Bucket (Utility) 6,000 Hr.
Paving Equipment, Crane, Boring Machine 7,000 Hr.
Chipper, Sprayer, Shredder, Mulcher, Aerator, Auger > 10,000 Hr. if metered or as needed
15 Years
Generator, Air Compressor, Welder, Cutter > 10,000 Hr. if metered or as needed
Forklift 10,000 Hr.
Scarab (Beneficial Reuse) 10,000 Hr.
Sand Spreader As Needed
Trailer: All types As Needed
Emergency Vehicles (Police & Fire) Years Mileage/Hours
Motorcycle 4 40,000 Mi.
Police Ops-Patrol Car (Take Home) 5 75,000 Mi.
Police Support / Investigative Svcs. Car 6 85,000 Mi.
SUV (FD & PD only) 8 80,000 Mi.
Truck, Hummer & Special Support unit 10 100,000 Mi. / 7,000 Hr.
Ambulance, Front-Line / Reserve 4 / 7 6,000 Hr. / 8,000 Hr.
Truck, Aerial Platform 15 8,000 Hr.
Quint, Front-Line / Reserve 10 / 12 6,000 Hr. / 8,000 Hr.
Engine, Pumper, Front-Line / Reserve 10 / 12 6,000 Hr. / 8,000 Hr.
Truck, Brush 12 7,000 Hr.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Mike Ellis at 349-8424
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute contracts through the Buy Board Cooperative Purchasing Network and Houston-
Galveston Area Council of Governments (H-GAC) for the acquisition of one Vacuum Truck, two
Backhoe Loaders, and two Skid Steers for various City of Denton Utility Departments; and providing
an effective date (File 4807-Truck and Heavy Equipment for Utility Departments awarded to
Southwest International Trucks in the amount of $289,399.40, Holt-Cat in the amount of $173,016,
and AG-Power Inc. in the amount of $75,402.17 for a total award amount of $537,817.57). The
Public Utilities Board recommends approval (7-0).
FILE INFORMATION
The items listed below reflect replacements of heavy equipment for the Water Distribution, Water
Collection, and Electric Distribution departments and a fleet addition for Waste Water Collections
with the purchase of a Sewer Vacuum Truck.
Item Description Price (Ea.) Department Contract #
1 Backhoe Loader $ 86,508.00 Water Distribution BB#345-10
2 Backhoe Loader $ 86,508.00 Waste Water Collection BB#345-10
3 Skid Steer $ 36,891.05 Electric Distribution HGAC#EMO6-11
4 Skid Steer $ 38,511.12 Water Distribution HGAC#EMO6-11
5 Vacuum Truck $289,399.40 Waste Water Collection BB#358-10
Total $537,817.57
Cooperative agreement handling fees and service manuals are estimated at $1,000 and may vary
depending upon the number of purchase orders issued and service manuals required. The truck is
powered by a diesel engine with LEV ratings that meet or exceed EPA Standards. There are no local
suppliers (City of Denton) which can provide this equipment, and the cooperative buying agreements
represent the best value to the City.
Agenda Information Sheet
October 4, 2011
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 26, 2011, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Award the purchase of Utility Fund vehicles and equipment through the Buy Board Cooperative
Purchasing Network and Houston-Galveston Area Council of Governments (H-GAC) to the vendors
listed below for a total award amount of $537,817.57.
ITEM
NUMBER VENDOR AMOUNT
1, 2 Holt-Cat $ 173,016.00
3, 4 AG-Power Inc $ 75,402.17
5 Southwest International $ 289,399.40
Total for Vehicles/Equipment $ 537,817.57
PRINCIPAL PLACE OF BUSINESS
Holt Cat AG-Power Inc Southwest International
Fort Worth, TX McKinney, TX McKinney, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the truck and equipment will occur within 180 days of purchase order
issuance.
FISCAL INFORMATION
These items will be funded from the following account numbers:
Account# Requisition# Dollar Amount
635025635.1355.30100 104756 $ 86,508.00
645010645.1355.30100 104756 $ 86,508.00
602846605.1355.3920 104751 $ 36,891.05
635024635.1355.30100 104751 $ 38,511.12
645013645.1355.30100 104736 $ 289,399.40
Total Expenditure $ 537,817.57
Agenda Information Sheet
October 4, 2011
Page 3
EXHIBITS
Exhibit 1: Price Quotes
Exhibit 2: Price Comparison for Vehicles
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4807
Exhibit 1
Items 1 and 2
Items 3 and 4
Item 3
Item 4
Item 5
CONTRACT COMPARISONS FOR UTILITY EQUIPMENT
October 4, 2011 AGENDA
Exhibit 2
BACKHOE LOADER WD1138 & WC1145
DESCRIPTIONBUY BOARDHGAC
Contract ##345-10#EM06-11
CATERPILLAR 430ECASE 590SN
$ 86,508.00$ 86,817.00
HOLT CATHi-Way Equipment Co LLC
OF FORT WORTH
Bryan NicholsBill Roberson
Bryan.Nichols@holtcat.combroberson@hiwayequip.com
214-226-9589817-283-7836
SKID STEER for ED1130
HGAC# EM06-11BUY BOARD
328 D SKID STEER#345-10
STANDARD PACKAGE$40,679.00BOB CAT
STANDARD OPTIONS$9,475.00$ 40,699.52
A91 Option Package$ 5,885.44
74" C/I HEAVY DUTY BUCKET$ 941.50
BOLT ON CUTTING EDGE 74"$ 239.58
FREIGHT$708.17
SUBTOTAL$50,934.17$47,766.04
Discount$ (14,043.12) $ -
Subtotal by vehicle$36,891.05$47,766.04
SKID STEER for WD1137
HGAC# EM06-11BUY BOARD
328 D SKID STEER#345-10
JOHN DEEREBOB CAT
STANDARD PACKAGE$40,679.00$ 40,699.52
STANDARD OPTIONS$11,636.00
A91 Option Package$ 5,885.44
74" C/I HEAVY DUTY BUCKET$ 941.50
BOLT ON CUTTING EDGE 74"$ 239.58
FREIGHT$844.32
SUBTOTAL$53,159.32$47,766.04
Discount$ (14,648.20) $ -
Subtotal by vehicle$38,511.12$47,766.04
AG-Power IncBob Cat of Dallas/ Lewisville
John Deere of McKinney
Mike BarkerKen Peterson
mbarker@ag-power.comkpeterson@bobcatofdallas.com
972-542-0301817-676-2951
9/26/20119:18 AM3-BU-File 4807.XLSBB HGAC COMPARISON
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 September 26, 2011
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, September 26, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and
11 Leonard Herring, Phil Gallivan, Barbara Russell
12
13 Ex Officio Members: Howard Martin, ACM Utilities
14
15 Absent: George Campbell, City Manager
16
OPEN MEETING:
17
18
CONSENT AGENDA:
19
20 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
21 designee, to implement each item in accordance with the staff recommendations. The Public
22
23 opportunity to raise questions regarding these items prior to consideration.
24
25 5)Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing
26 the City Manager or his designee to execute contracts through the Buy Board Cooperative
27 Purchasing Network and Houston-Galveston Area Council of Governments (H-GAC) for the
28 acquisition of one Vacuum Truck, two Backhoe Loaders, and two Skid Steers for various
29 City of Denton Utility Departments; and providing an effective date (File 4807-Truck and
30 Heavy Equipment for Utility Departments awarded to Southwest International Trucks in the
31 amount of $289,399.40, Holt-Cat in the amount of $173,016, and AG-Power Inc. in the
32 amount of $75,402.17 for a total award amount of $537,817.57).
33
Board Member Baines moved to approve item 5 with a second from Board Member
34
Russell. The motion was approved by a 7-0 vote.
35
36
37 Adjournment 10:56am
38
39
40
41
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE CONTRACTS THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK AND HOUSTON-GALVESTON AREA
COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF ONE VACUUM
TRUCK, TWO BACKHOE LOADERS, AND TWO SKID STEERS FOR VARIOUS CITY OF
DENTON UTILITY DEPARTMENTS; AND PROVIDING AN EFFECTIVE DATE (FILE
4807-TRUCK AND HEAVY EQUIPMENT FOR UTILITY DEPARTMENTS AWARDED TO
SOUTHWEST INTERNATIONAL TRUCKS IN THE AMOUNT OF $289,399.40, HOLT-
CAT IN THE AMOUNT OF $173,016, AND AG-POWER INC. IN THE AMOUNT OF
$75,402.17 FOR A TOTAL AWARD AMOUNT OF $537,817.57).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) and Buy Board
Cooperative Purchasing Network at less cost than the City would expend if bidding these items
individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
ITEM
NUMBER VENDOR AMOUNT
1, 2 Holt-Cat $ 173,016.00
3, 4 AG-Power Inc $ 75,402.17
5 Southwest International $ 289,399.40
Total for Vehicles/Equipment $ 537,817.57
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC or
Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services
in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the above listed
agencies, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
-GAC or Buy Board, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards
contained in the Proposal submitted to H-GAC or Buy Board, quantities and specified sums
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 4807 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5-ORD-File 4807
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving a Lease Agreement with Denton County for
parking lot spaces located at the Williams Trade Square, providing a severability clause; and
providing an effective date.
BACKGROUND
Since at least 2001, the City of Denton has leased 58 parking spaces on the Williams Trade
Square parking lot to Wells Fargo (formally, First State Bank of Texas). An additional 15
parking lot spaces have been leased to Denton County. The City also maintained a separate lease
agreement with Denton County Transportation Authority (DCTA), but the agreement has expired
and is no longer needed by DCTA. As a result there are 46 parking lot spaces, out of a total of
119, that are now available for public parking. To better designate the availability of public
parking for downtown area customers and the general public, the City also restriped the parking
lot on September 26 and 27.
The current lease agreement with Denton County expired on September 30, 2011, and both the
City of Denton and Denton County wish to enter into another agreement. The new lease
agreement provides Denton County with the same 15 parking lot spaces at a rate of $17.50 per
space per month for one year. Virtually all of the terms and conditions in the new agreement are
identical to the prior contract, and no increase in the lease rate is proposed. The agreement also
provides the option to extend the lease up to seven successive years. Based on economic
conditions and the discretion of the City Manager, potential increases in the rental rate are
possible for each extension of the lease, but no increases are contemplated at this point in time.
also includes one
includes 21 Square parking permits for various County staff members during Commissioners
Court meetings. These passes are good only on Tuesday mornings until noon.
The Denton County Commissioners Court is scheduled to consider approval of this lease on
September 26, and
they are recommending approval of this item to the Commissioners Court.
Agenda Information Sheet
October 4, 2011
Page 2
The parking agreement with Wells Fargo also expired on September 30, 2011, and a separate
consideration on October 4th.
FISCAL INFORMATION
This Agreement is expected to generate $3,150 annually in General Fund revenue that is already
included in the FY 2011-12 Budget.
EXHIBITS
1-Detailed Map
2-Ordinance
3-Lease Agreement for Denton County
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving a Lease Agreement with Wells Fargo Bank for
parking lot spaces located at the Williams Trade Square, providing a severability clause; and
providing an effective date.
BACKGROUND
Since at least 2001, the City of Denton has leased 58 parking spaces on the Williams Trade
Square parking lot to Wells Fargo (formally, First State Bank of Texas). An additional 15
parking lot spaces have been leased to Denton County. The City also maintained a separate lease
agreement with Denton County Transportation Authority (DCTA), but the agreement has expired
and is no longer needed by DCTA. As a result there are 46 parking lot spaces, out of a total of
119, that are now available for public parking. To better designate the availability of public
parking for downtown area customers and the general public, the City also restriped the parking
thth
lot on September 26 and 27.
th
The current lease agreement with Wells Fargo expired on September 30, 2011, and both the
City of Denton and Wells Fargo wish to enter into another agreement. The new lease agreement
provides Wells Fargo with the same 58 parking lot spaces at a rate of $17.50 per space per month
for one year. Virtually all of the terms and conditions of new agreement are identical to the prior
contract, and no increase in the lease rate is proposed. The new agreement also provides the
option to extend the lease up to seven successive years. Based on economic conditions and the
discretion of the City Manager, potential increases in the rental rate are possible for each
extension of the lease, but no increases are contemplated at this point in time.
The parking agreement with Denton County also expired on September 30, 2011, and a separate
new lease agreement with Denton County will also be submitted for the
consideration on October 4th.
FISCAL INFORMATION
This Agreement is expected to generate $12,180 annually in General Fund revenue that is
already included in the FY 2011-12 Budget.
Agenda Information Sheet
October 4, 2011
Page 2
EXHIBITS
1-Ordinance
2-Lease Agreement for Wells Fargo
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Community Development
ACM:
Fred Greene
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
funding agreement between the City of Denton and the Denton Affordable Housing Corporation;
providing for the terms of said contract; authorizing the City manager to execute the agreement
and to expend Home Investment Partnership Program funds with respect to the agreement; and
providing for an effective date.
BACKGROUND
The Denton Affordable Housing Corporation (DAHC) is a State and locally-certified
Community Housing Development Organization (CHDO). Home Investment Partnership
Program (HOME) requirements state tmust be
allocated to CHDO-administered programs. On an annual basis, the City of Denton allocates a
allocation to DAHC for various affordable housing
programs. HOME allocation of $100,000 and the reallocation of $23,000 in 2006
program year funding will provide DAHC with funding for rehabilitation of affordable rental
units housing low and moderate-income households and operating costs. All rental rehabilitation
projects will be reviewed prior to the construction start date. It will be required that all units be
brought up to local building codes. HOME funds will be reimbursed to DAHC as projects are
completed and appropriate documentation received by Community Development.
ESTIMATED PROJECT SCHEDULE
The Schedule of Contract Activities/Expenditures included in the funding agreement states that
all funds are to be expended by December 2013.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee recommended approval of funding for the
and reallocation of the 2006 program year
funding 2011 Action Plan for Housing and
Community Development. City Council approved the Action Plan on June 7, 2011.
FISCAL INFORMATION
Funding for the proposed project will be from 2011-2012 HOME allocation from the
U.S. Department of Housing and Urban Development. City staff costs for program monitoring
are paid primarily from the HOME and Community Development Block Grant (CDBG)
programs. The CD Administrator position is funded through the general fund.
EXHIBITS
1.Ordinance
Respectfully submitted:
Mark Cunningham
Director of Planning & Development
Prepared by:
Barbara Ross
Community Development Administrator
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Community Development Division
ACM:
Fred Greene
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving
guidelines for operation of the City of Denton Home Improvement Program and eligibility
criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines
and criteria; and providing for an effective date.
BACKGROUND
This ordinance approves guidelines and eligibility criteria for the 2011 Home Improvement
Program (HIP). Passage of this ordinance authorizes project payments that exceed $50,000 when
the project meets program eligibility criteria and guidelines.
City Council awarded Community Development Block Grants (CDBG) and Home Investment
Partnership Program (HOME) grant funds to HIP for the 2011-2012 program year as part of the
City of Denton 2011 Action Plan for Housing and Community Development on June 7, 2011.
Additional funding sources may include program income, a Denton County Housing Finance
Corporation grant, Federal Home Loan Bank grant funds and owner-provided personal funds.
Bids are let for all rehabilitation and reconstruction projects. Homeowners select their contractor
from the bids that meet HIP guidelines.
The following revisions are being proposed to the 2011 HIP guidelines: 1) a grace period of three
(3) months is established for heirs to settle liens with the City; 2) the maximum settlement on
any property will not exceed 65 percent of a properties appraised value; and 3) the gibility
Income Limits are being updated to comply with the Department of Housing and Urban
May 31, 2011.
ESTIMATED SCHEDULE OF PROJECT
The program guidelines will be in effect for owner-occupied rehabilitation and reconstruction
projects completed from October 1, 2011 through September 30, 2012.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Community Development Advisory Committee recommended funding for the HIP and City
Council approved the recommendation on June 7, 2011, as part of the City of Denton 2011-12
Action Plan for Housing and Community Development.
FISCAL INFORMATION
Housing staff salaries related to program delivery will be paid with CDBG and HOME funds.
No general fund dollars are included to manage this program.
EXHIBITS
1.Proposed Ordinance
Respectfully submitted:
Mark Cunningham, Director
Planning & Development
Prepared by:
Barbara Ross
Community Development Administrator
s:\legal\our documents\ordinances\11\2011 draft hip ordinance.doc
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME
IMPROVEMENT PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING
EXPENDITURES IN EXCESS OF $50,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the need to assist low and
moderate income families in securing safe, sanitary and decent housing; and
WHEREAS, the City of Denton participates in a Home Improvement Program administered
by the City of Denton Community Development Division and funded through a federal grant from
the Department of Housing and Urban Development; and
WHEREAS. The City Council deems it to be in the public interest to approve the Program
Eligibility Criteria for the 2011 Program year; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council approves the 2011 Home Improvement Program Guidelines
and Home Improvement Program Eligibility Criteria which are attached hereto and made a part of
this ordinance for all purposes as Exhibit "A" and authorizes the City of Denton Community
Development Division to administer this program.
SECTION 2. The City Council authorizes the expenditure of funds in excess of $50,000 by
the Community Development Division for projects meeting Program Guidelines and Criteria,
subject to compliance with competitive bidding laws, where applicable.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of _______________________, 2011.
____________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
S:\Legal\Our Documents\Ordinances\11\2011 Draft HIP Ordinance.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
Page 2 of 2
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Page 2
TABLE OF CONTENTS
INTRODUCTION..................................................................................................... 4
Home Improvement Program ..................................................................................... 5
Description of General Program Procedures .............................................................. 5
I. PURPOSE ......................................................................................................... 5
II. DESIGNATED AUTHORITY ......................................................................... 5
III. ELIGIBILITY REQUIREMENTS: .................................................................. 5
IV. APPLICATION PROCESSING ....................................................................... 9
V. SELECTION OF RECIPIENTS FOR ASSISTANCE ................................... 10
VI. WAIVERS AND APPEALS PROVISION .................................................... 11
VII. FINANCIAL ASSISTANCE .......................................................................... 11
VIII. CONTRACT REQUIREMENTS ................................................................... 12
IX. PROJECT FEASIBILITY CRITERIA ........................................................... 14
X. PROJECT COST LIMITS .............................................................................. 15
XI. ALLOWABLE EXPENSES ........................................................................... 16
XII. PROGRAM ACTIVITY OPTIONS ............................................................... 16
A. Owner-Occupied Rehabilitation ...................................................... 17
B. Optional Reconstruction .................................................................. 17
XIII. CONTRACTOR SELECTION AND PROJECT MONITORING ................. 17
XIV. PAYMENTS TO CONTRACTOR ................................................................. 20
XV. CONTRACTOR DEBARMENT .................................................................... 20
APPENDICES LIST ................................................................................................ 22
APPENDIX 1 Qualifying Income Limits for Federally Assisted Programs ... 23 & 24
APPENDIX 2 Targeted NeighborhoodsMap .......................................................... 25
APPENDIX 3 HOME Certification and Participation Agreement ......................... 26
APPENDIX 4 Temporary Rehousing Questionnaire and Agreement ..................... 30
APPENDIX 5 Space & Amenity Allowances For Reconstruction Activities .......... 32
APPENDIX 6 LBP Hazard Control Relocation Policy and Procedure .................... 34
Page 3
INTRODUCTION
Home Improvement Program’s
The City of Denton objective is to assist low and
moderate-income families in securing safe, sanitary and decent housing. This
objective is accomplished through owner-occupied rehabilitation and optional
reconstruction activities. Rehabilitation of an owner-occupied dwelling corrects code
violations and makes needed repairs. If a dwelling is not feasible for rehabilitation,
the applicant may be eligible for a replacement single-family dwelling. Optional
reconstruction activity provides funds to demolish dilapidated dwellings and construct
new modest, energy efficient and safe single-family dwellings on owners’ lots.
The Home Improvement Program is administered by the City of Denton Community
Development and is funded by federal grant dollars from the United States
Department of Housing and Urban Development (HUD), participating owner funds,
program income and other grant and private dollars, when available.
Home Improvement
The following pages contain a detailed description of the
Program
including program and project guidelines, application instructions and
project bidding process. The purpose of the guidelines is to explain to potential
applicants and the citizens of Denton, the Home Improvement Program and the levels
of assistance available. For further information or clarification of the guidelines,
please contact the:
Community Development Division
601 E. Hickory Street, Suite B
Denton, Texas 76205-4303
(940) 349-7726 (Office)
(940) 349-7753 (Fax)
nd
Floor
Located at City Hall East – 2
Enter Building’s West door on Railroad Street
ADA Accessible
Page 4
Home Improvement Program
Description of General Program Procedures
I. PURPOSE
A. The City of Denton Home Improvement Program provides technical and
financial assistance for eligible low and moderate-income households to
complete rehabilitation or reconstruction of their principal residence.
B. Assistance shall be subject to the availability of program funds.
Administrative procedures will be modified to meet any change in rules and
regulations of HUD that may occur over time.
II. DESIGNATED AUTHORITY
A.Administrative authority for implementation of the program will rest with the
City of Denton Community Development Division. Community Development
staff approves contractual and budget changes, as needed for project
completion.
B.The Community Development Administrator will have the responsibility for
final determination of the amount of assistance available to individual
applicants, in accordance with the program guidelines, policies and procedures.
C.The Community Development Administrator will be responsible for approval
of applicant eligibility for the program and final approval of applicants to be
assisted.
III. ELIGIBILITY REQUIREMENTS:
Eligibility requirements must be met for both the applicant’s household and the
property. Eligibility for assistance is completed in two phases as described in
sections A. and B. below.
A. Applicant(s) / Household Eligibility Requirements:
1.Must be a United States citizen or a legal resident alien.
2.Must own, currently occupy and have occupied the dwelling for at least
the past two consecutive years. (The period of time an applicant has lived
in a property under a lease for purchase or contract for deed form of
purchase may be taken into consideration in calculating the two
consecutive years.)
3.Must hold a Fee Simple Title to the property. City staff will verify
ownership through a general title search.
Page 5
a.If applicant is purchasing their home by a “contract for deed” (or a
like contract), where applicant does not gain title to the property deed
until all contractual obligations have been met, applicant is not
eligible for assistance. The seller must provide the purchaser with a
filed warranty deed on the property to satisfy this eligibility
requirement.
b.If applicant(s) inherited the property, the legal documents establishing
applicant(s) has fee simple title to the property must be on file in the
Denton County Clerk’s Office.Applicant must provide proof of
financial responsibility for the property (i.e. tax payments, and/or
utility payments, fee simple title, executed, filed affidavit of heirship,
etc.), and, proof of residency, both, for not less than the most recent,
two consecutive years.
4.Must meet program’s income limits.
a.Gross annual total household income is at or below the following,
adjusted for family size.Current maximum income limit by
household size is (income limits effective 5/31/2011):
Rehabilitation /
Reconstruction
80% of the AMI
Household SizeMaximum Income Limit
1$38,750
2$44,250
3$49,800
4$55,300
5$59,750
6$64,150
7$68,600
8$73,300
b.Must not have assets (total combined for all household members) in
excess of $100,000.
NOTE 1: The appraised value of the applicant’s property is excluded in
total assets calculation.
Page 6
NOTE 2: Household income is calculated based on HUD’s Technical
Guide for Determining Income and Allowances for the HOME Program
as described in the City’s Home Improvement Program Policies and
Procedures Manual.
5.Must have acceptable credit under the City of Denton Community
Development underwriting policy. Applicant(s) must exhibit the financial
ability to pay creditors, including the following basic housing expenses:
a.Home Mortgage Payment, including the loan with the City of Denton
for Home Improvement assistance;
b.Loan and revolving credit payment(s);
c.Property Taxes (City, County, DISD) for all owned properties;
d.Homeowner’s Insurance Policy premiums;
e.Utilities: electrical/water/sewage/solid waste and gas.
6.Applicants denied assistance due to poor credit history may be
reconsidered for the program upon verifiable completion of six (6)
consecutive months of successful debt management with Consumer
Credit Counseling of North Central Texas or other debt management
companies. Note: Debt management will be recertified prior to signing
contracts.
7.Must demonstrate that current and projected income exceeds projected
housing expenses and would allow the applicant to maintain the dwelling.
8.Homeowner may be required to provide owner contribution toward
project cost (see Section VII.A.).
9.Pre-existing mortgage note balance cannot exceed 80 percent of the
property’s appraised value for rehabilitation and 70 percent of the
property’s appraised value for reconstruction.
10.See "household" guideline at section III.B.10.a. below.
NOTE: The City of Denton reserves the right to request an independent
market analysis.
B. Property Eligibility Requirements
1.Must be zoned to allow for single-family construction and be situated in a
Targeted Neighborhood within the city limits of Denton (Refer to
Targeted Neighborhoods Map - Appendix 2).
Page 7
2.Must exhibit building code deficiencies that make the dwelling unsafe or
unsanitary.
3.Structure must be more than 20 years old.
4.May not have existing property code violations (such as high weeds,
trash, debris, junk vehicles, etc).Any liens placed on a property for
correcting any past or present code violations must be paid in full by the
time application processing occurs.Any items cited as a code violation
on the property must be corrected or removed before assistance is
provided.
5.Must be serviced by or be accessible to City-approved water supply,
sanitary sewer and electrical system.
6.Must meet all of the City of Denton’s Land Development Codes.
7.Must comply with and meet all environmental regulations; i.e., historical,
floodplain, noise, lead, etc.
8.May not exceed Community Development Replacement Housing Space
Allowances Policy for reconstruction. Projects that would exceed the set
standards due to property deed restrictions or neighborhood minimum
requirements are not eligible for assistance.
9.Must be covered by an approved homeowner’s insurance policy.
NOTE: If an applicant’s property is not currently insurable because of its
present condition or the property is going to be reconstructed, the
applicant must sign a HOMEOWNER AFFIDAVIT OF
UNDERSTANDING AGREEMENT FOR HOMEOWNER’S
INSURANCE to satisfy this eligibility requirement. Proof of
homeowners insurance must be provided at completion of a rehab or
reconstruction.
10.Households and/or properties previously assisted through this program
may or may not be eligible for additional assistance as follows:
a.A household that has received assistance to rehabilitate or reconstruct
a home that they subsequently sold is not eligible for assistance on
another home they purchase.
b.A property that received rehabilitation assistance after August 1996
when the total dollar amount spent was above $40,000 is not eligible
for additional assistance from this program.
Page 8
c.A property that received rehabilitation assistance before August 1996
may be eligible for additional assistance when all liens have been
paid and released.
d.A property that has received reconstruction assistance is not eligible
for additional assistance from this program.
IV. APPLICATION PROCESSING
waiting list
A. To be placed on the , applicants must meet the following criteria:
1. Household’s total gross annual income does not exceed current program
income limits (See Appendix 1).
2.Owner is living in and has owned the single-family dwelling for not less
than twelve consecutive months.
3.Property is located in a Targeted Neighborhood (see Appendix 2).
4.Property meets all requirements in Section III.B.
5.Applicant must complete a Waiting List Application Form and attach a
copy of their property deed or proof of ownership. (Waiting List
Application Forms are available at the Community Development
Division, 601 E. Hickory Street, Suite B Denton, Texas, 76205, 940-349-
7726.)
B. Upon submission of a waiting list application to Community Development,
applicants are placed on the waiting list in the order in which their application
was received.
C. When applicant reaches the top of the waiting list, s/he will be notified in
writing to complete the application process and must provide all items
requested on the checklist. In addition to checklist items, further
documentation may be required to process application.
NOTE: Contact deadline dates will be specified in the notice to apply
letter from Community Development. Applicant must schedule an
appointment to apply and must submit required application information prior
to the stated deadline. These deadlines are strictly enforced.
D. Application information regarding household income and composition must
be complete, accurate and up-to-date. All information will be verified by
Community Development staff.
Any intentionally falsified information will cause the application to be
rejected and the applicant will not be allowed to reapply. Failure to disclose
Page 9
information that may affect eligibility requirements shall also constitute fraud.
Applicants shall be required to make full restitution to the City in the event
Community Development services are provided to applicants who provided
inaccurate or incomplete information in order to meet eligibility requirements.
E. Applicant must provide a detailed personal budget that includes the
household’s expenditures and net incomes to determine if household has
enough discretionary income available to pay back a loan to the City.
F. Applicant must attend a homeownership workshop, with emphasis being
placed on maintenance, budgeting, cost effective decorating, and
responsibilities of home ownership.
G. Community Development staff will notify eligible applicant(s) of the financial
assistance category he/she is eligible for under the program guidelines.
Applicant will be notified that final eligibility for assistance is determined
upon completion of the feasibility study of the property. Ineligible applicants
will be notified of the reason their application for assistance is being rejected.
H. Any applicant who feels that s/he has been unjustly denied assistance under
the Home Improvement Program should follow the appeal procedure outlined
in Section VI.
V. SELECTION OF RECIPIENTS FOR ASSISTANCE
A. Assistance will be provided to households on a first come, first served
basis. The date upon which the Eligibility Certification Part I was approved
will be used to determine the order of assistance. In addition to the date
availability of funds*.
certified, assistance is also dependant on the These
two factors will determine the order of assistance and date funds will be made
available.
*The HIP Program project targets stated in the Action Plan must be met. If
funds needed to complete a project are not available, the applicant will be
assisted based on the date of application submission when funds become
available.
B. Community Development Staff will provide counseling and assistance as
needed to facilitate the applicant's rehousing/housing, including the following:
1. Information on the program and rehousing/housing options available.
2. Assistance in soliciting bids for replacement housing.
Page 10
3. Assistance in contractual compliance between applicant and contractor.
4. Assistance in inspection of construction of replacement dwelling, if
applicable.
VI. WAIVERS AND APPEALS PROVISION
A.Request for Waiver: The City of Denton Home Improvement Program must
follow specific guidelines in order to assure proper administration and
management. In the event that an applicant feels that his/her circumstances
require special consideration, s/he may request, in writing, a waiver from the
usual requirements. All requests should specify the requirement(s) to be
considered for waiver and state the applicant’s reason(s) or special
circumstances why s/he believes a waiver should be approved. The
Community Development Administrator will review requests on a case-by-
case basis. Applicant will be notified in writing of the final decision.
VII. FINANCIAL ASSISTANCE
Owner Contribution
A. is a percentage of the total project cost that the
applicant must provide at contract signing. These funds are held in an escrow
account and will be expended before City funds are used when making
contractor payments. The owner contribution increases on a sliding scale as
household income increases. See Appendix I for percent of owner
contribution by income ranges and family size.
City of Denton Funds:
B. The City of Denton will fund the remaining project
costs using Federal HUD CDBG and HOME dollars, program income and
private funds, when available.
Term of the Note
C. is determined by the activity to be completed and/or total
project cost as follows:
Activity / Project Cost Term
Rehabilitation/Below $10,000 60 months (5 years)
Rehabilitation/Between $10,000 - $25,000 120 months (10 years)
Rehabilitation/Above $25,000 - $45,000 180 months (15 years)
Reconstruction or Rehabilitation/Above $45,000 240 months (20 years)
Financial Assistance Levels
D.: The City-funded dollars are payable through a
two-part loan. See Appendix I for income ranges by household size, payable
to deferred loan ratios and description of Payable and Deferred loans.
Page 11
E.Applying to the Home Improvement Program is voluntary. Funds for
temporary relocation are not provided.
VIII. CONTRACT REQUIREMENTS
A.The City of Denton will be in the first lien position. When a first lien position
is not possible, the City may accept second lien position, subject to the review
and approval of the Community Development Administrator. Liens are
released once all the requirements and conditions of the deed and promissory
note have been met.
DEFAULT ON CONTRACT:
B. If the applicant defaults on their contract, the
lien will be called due in full, and referred to the City of Denton’s Legal
Department to begin acceleration of the note as allowed by law. The City will
make every effort to work with the applicant to avoid foreclosure and will
examine each situation on a case-by-case basis. Examples of loan default
include, but are not limited to: 1.) Delinquent loan payments; 2.) Failure of
grantee to reside in the assisted dwelling unit as the principal residence of
applicant; 3.) Failure to maintain adequate homeowner insurance coverage; 4.)
Failure to pay property taxes when due;5.) Failure to pay utility bills when
due.
SALE OF PROPERTY:
C. In the event the grantee sells the property prior to
maturity of the note, the sum of the unpaid balance of the loan and the
unforgiven balance of the deferred loan amount will become due immediately.
Under no circumstance will assistance be provided to grantee on any future
property purchased.
DISCONTINUATION OF RESIDENCY:
D. In the event the owner(s) no
longer resides in the unit due to death or a permanent medical condition and
the heirs/owner decide to sell the property, the City of Denton will accept as
lesser of
settlement of the note the :
1.Sixty-five (65) percent of the property’s market value at the time of sale
or,
(the City reserves the right to conduct an independent appraisal),
2.Payment of the entire loan balance (both payable and forgivable) owed at
the time of grantee's death or date grantee was no longer able to reside in
his/her home due to medical reasons.
If the heir(s) decides a family member will permanently reside in the property,
the City of Denton will negotiate a modified and/or continuation of the note
depending on beneficiary income and ownership circumstances. If the heirs
Page 12
decide to set up the property as a rental unit, they will pay the balance due as
calculated in "D" above and may request a monthly payment arrangement.
The heirs will be required to 1.) gain simple fee title ownership to the
property; 2.) complete the application process providing household income
and backup documentation, when an heir will become owner; and, 3.) sign a
Modification of Note and Lien.
NOTE: Invoicing on the balance due will resume in three (3) months from
“event” date unless other arrangements are requested by heir(s) and approved
by the Community Development Administrator.
TEMPORARY DISCONTINUATION OF RESIDENCY:
E. In the event the
owner(s) temporarily discontinues residence due to a medical condition, but
has a all intention to return to the primary residence; owner must continue to
make timely loan payments and comply with the following:
1.Keeping the property in good repair and condition;
2. Paying all taxes and assessments on the property when due;
3. Preserving the lien's priority as it is established in this deed of trust;
4. Maintaining in a form acceptable to Beneficiary, an insurance policy;
If a house remains vacant for 60 days or longer, an insurance
a.
company could cancel the policy, or deny claims. It is the
homeowner’s responsibility, if the home is vacant for more than
60 days, to ensure that the house has required insurance coverage.
Homeowner is responsible for contacting their insurance company
to ensure coverage. Coverage must comply with the following:
covers all improvements for their full insurable value
-
contains a replacement cost coverage clause for the reconstructed
-
structure
provides fire and extended coverage, including windstorm coverage
-
protects Beneficiary with a standard mortgage clause
-
provides flood insurance at any time property is in a flood hazard
-
areaAfter homeowner returns home, it will be the homeowner’s
responsibility to ensure that the policy is a homeowner’s
insurance policy and complies with all contract requirements.
LOSS OF HOUSEHOLD INCOME:
F.If, after the project begins, a
household experiences a permanent, substantial loss of household income, an
applicant may request a re-evaluation of their total annual gross household
Page 13
income. This evaluation may result in a decrease in the payable portion of the
The loss of income must be from an income-earning household
note.
member(s) whose income was used in determining the original loan
assistance category. Please note:
Loss of employment (voluntarily or
involuntarily) is not considered a “permanent loss”. For purpose of this
program “permanent loss” is defined as:
1.death
2.retirement (must be 62 years of age or older)
3.permanent disability
4.Other substantial permanent loss of income, when approved by
Community Development Administrator.
All household members must complete all income information and forms as
required in section IV, Application Processing - Application processing will
be completed to determine if an adjustment and/or extension to the payable
portion of the note is eligible. A determination will be made after evaluating
the household size and income using the program guideline income limits and
financial assistance categories that are being used at the time the request for
reduced loan payment is made. When a loan adjustment and/or extension is
granted, the applicant must sign a Modification and Extension of Real Estate
Note and Lien reflecting the adjustment and/or extension of the note.
IX. PROJECT FEASIBILITY CRITERIA
A. A decision as to the type and amount of assistance an applicant is allowed is
based on the feasibility of a property to be rehabilitated.An assessment will
be completed using the following factors:
1. Determine if the rehabilitation cost will be affected by: the zoning of a
property, a property being located in a designated 100-year floodplain or
floodway, a need to abate possible presence of lead-based paint, possible
historical restoration requirements, or if a rehab will reduce noise levels if
property is in a high noise area.
NOTE: The Floodplain Management regulations may limit the total cost
of all non-code repairs for any dwelling located in a designated 100-year
floodplain to 50 percent of a property’s pre-rehabilitation appraised value
as set by the Denton Central Appraisal District (dwelling [not land] value
only).
Page 14
2. Determine if the framework and foundation of a dwelling are stable, or
can be made stable through rehabilitation. (May allow for structural
engineer evaluation of structure when staff cannot determine.)
3. Lead-based paint hazard reduction techniques will be used when lead-
based paint exceeds HUD’s acceptable limits for lead content in existing
paint. The limits for lead content exceed HUD’s limits when lead content
exceeds 1 mg per cm² (one milligram per centimeter squared), or 5000
ppm (parts per million). The reduction techniques used by this program
are described and found in the U. S. Department of Housing & Urban
Development’s publication, Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing, issued June 1995.
NOTE:
The homeowner may be required to make arrangements for
household’s relocation if it is required in the Homeowner Protection Plan
for Lead Based Paint Hazard Control work. See Lead-Based Paint
Hazard Control Policy & Procedure for more information.
4. Is a room addition(s) needed to relieve serious overcrowding?
NOTE: Room additions and improvements to relieve serious
overcrowding may be eligible and require the approval of the Community
Development Administrator.
B. A structural evaluation and project cost determination is completed. Projects
that will exceed the Project Cost Limits (Section X) are not eligible for
rehabilitation assistance. Applicant may be referred for optional
reconstruction assistance.
X. PROJECT COST LIMITS
A. A rehabilitation project must meet all of the following tests to be considered
feasible to rehabilitate.Projects not feasible for the rehabilitation activity may
be eligible for reconstruction and must meet the cost criteria in items 2 and 3
of this section.
1. Using the post project square feet (properties less than 1000 SF use 1000
SF to calculate), rehabilitation is limited to $55 per square foot of total
living space up to a maximum bid limit of $70,000, plus 10% for potential
change orders. Exceptions: An additional $10 per square foot may be
available to comply with lead reduction. An additional $10 per square
foot may be available to comply with historical requirements. When
rehabilitation includes either lead-based paint and/or historical work, a
Page 15
project bid is limited to a maximum of $80,000, plus 10% for potential
change orders.
2. Reconstruction: Reconstruction bid limit, which includes demolition and
reconstruction of a home, will not exceed $99,500, plus 5% for potential
change orders.
3. Total project cost will not exceed the current Maximum Per Unit Home
Subsidy Limits for Denton as set by HUD (See Appendix I).
4. The after project appraised property value will not exceed 95% of the
current Single Family Mortgage Limit for Denton as established by HUD
(See Appendix I).
B. PROGRAM MINIMUM LIMITS FOR Home Improvement projects: A
dwelling needing less than $5000 of repairs is not eligible for Home
Improvement Program assistance.
XI. ALLOWABLE EXPENSES
Federal CDBG and HOME grant funds will be used to pay for eligible project
costs to complete substantial rehabilitation of existing owner-occupied properties
and reconstruction of substandard owner-occupied properties. Some allowable
fees are:
o Cost of room addition(s), to relieve serious overcrowding when approved by
the Community Development Administrator.
o Demolition of substandard structures as needed to complete projects.
o Costs necessary to build modest, energy efficient, safe and sanitary
replacement of principal residences
o Other eligible expenses the Community Development Division determines
necessary to facilitate the completion of activities allowed by this program
(Example: title search, filing fees, platting, engineering reports, permit and
tap fees, etc.)
o Eligible administrative costs.
o Other fees and costs as allowed by the CDBG and HOME regulations.
NOTE:
Funds for temporary relocation during project construction are not
provided.
Page 16
XII. PROGRAM ACTIVITY OPTIONS
The Home Improvement Program provides three options. The process required
for all activities will be:
Process
o CD staff will complete a project feasibility study. This inspection will include
a detailed evaluation of all deficiencies needing to be addressed to bring the
dwelling up to minimum program standards.
o Activity option determined based on feasibility criteria (Section IX.).
o Project details completed and approved by applicant.
o CD staff completes a cost estimate of the work to be completed.
o CD Administrator certifies the project as "eligible" or "not eligible."
o If eligible for reconstruction, applicant must sign the Temporary Rehousing
Questionnaire and Agreement (Appendix 4) or for rehabilitation of homes
built before 1978, the Lead Based Paint Hazard Control Relocation Policy and
Procedure (Appendix 6).
o Bid packet is prepared, bid out as described in Contractor Selection and
Monitoring (Section XIII), owner chooses contractor from eligible bids,
contracts are signed and project begins.
o The City’s Building Inspections and CD staff inspects project's progress
routinely to ensure compliance with City codes and project specifications.
Community Development staff completes final inspection.
o For reconstruction activity, owner must have utilities connected and provide
proof of homeowner's insurance before property can be occupied.
o Project is closed upon contractor receiving contingency payment; owner
receives loan payment schedule; invoicing begins.
In the event a procedure is not addressed in these guidelines the Program Manager
will determine the best course of action.
A. Owner-Occupied Rehabilitation
This activity will assist eligible applicants rehabilitate single-family principal
residences by making needed repairs with the first priority being to correct
code violations. This activity is eligible when a completed project will yield a
Page 17
structurally sound, safe, sanitary and decent single-family dwelling that meets
City's building codes (see Section IX).
B. Optional Reconstruction
The reconstruction activity is offered when existing dwellings are not feasible
for rehabilitation. Optional reconstruction provides funds to demolish existing
dilapidated dwellings and reconstruct modest, energy efficient, safe and
sanitary replacement single-family dwellings.
XIII. CONTRACTOR SELECTION AND PROJECT MONITORING
All applicants are responsible for finding a contractor who will develop a proposal
to complete approved home improvement activity. Eligible applicants may
request assistance from Community Development staff to help homeowner with
the bidding process. The homeowner may elect to seek a bid proposal from a
qualified contractor of their choice. Bids by contractors submitted by the
applicant must be reasonable (within 10 percent, high or low, of the Community
Development cost estimate). Contractors selected by the applicants must meet
eligibility and insurance requirements.
Contact any reputable and experienced contractor and request a bid for the
required work.
IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of
the following places for assistance:
• Your local Better Business Bureau
• Any friends or neighbors who have had remodeling done to their properties.
• Chamber of Commerce
• Community Development Contractor’s List
When a contractor comes to meet with you, you should:
• Show him/her the mandatory work items that have been identified by the
Community Development per the work write up, construction plans and
project standards.
• Advise him/her that the bid proposal must be returned to you for submission
to the rehabilitation program by a due date.
DO NOT SIGN ANY AGREEMENT WITH THE CONTRACTOR.
Owner must submit the contractor’s bid proposal to the Community Development
at 601 E. Hickory Street, Suite B Denton, TX 76205.
Page 18
The Community Development staff will review the proposal to verify that:
1. The contractor is licensed and has all City-required insurance coverage.
2. All required improvements have been included in the bid.
3. The proposed work is in conformance with the program’s General
Specifications.
4. All proposed costs are reasonable (as verified by CD staff prepared cost
estimate).
5. The contractor chosen by owner has not been disqualified by any local,
State or Federal government agency.
Any contractor whose name appears on the most current HUD or City of Denton
Debarred Contractor’s List will not be eligible to participate in this program.
References will be checked and claims of substandard workmanship will be cause
to declare a contractor ineligible. The contractor must also submit all required
proof of insurance forms and bonds (if applicable).Failure to submit these will
result in rejection of the bid proposal.
The bid proposals that are submitted by the applicant will be reviewed by
Community Development to determine if the total bid price is reasonable per cost
estimate and under the maximum allowable amount. THE CITY OF DENTON
AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL
BIDS.
If the Community Development Administrator approves the bid proposal
submitted by the applicant, the Community Development staff shall proceed.
A construction contract must be signed. Before the contractor can start work, the
applicant must issue a notice to proceed. After the owner’s three day right of
rescission has passed, contractor must apply for and obtain approved appropriate
building permits as required by the City of Denton Building Inspections Division
before any work may begin. When a project involves reconstruction of a
substandard home, contractor must have an approved building permit in hand prior
to applying for a permit to demolish the substandard structure.
The contractor’s work will be monitored by the applicant, Community
Development staff and the City of Denton building code inspector. If the
applicant considers any work done by the contractor to be unsatisfactory or
incomplete, the applicant should advise the contractor of the discrepancy and ask
that it be corrected. In the event a dispute exists between the applicant and the
Page 19
contractor with respect to the work, the City shall take appropriate action in
accordance with the provisions of the construction contract to assure that the
applicant is satisfied before making any payment to the contractor. In the event a
dispute cannot be resolved, the Department Director shall consider all pertinent
facts and shall decide an appropriate course of action to resolve the dispute.
Acceptance of Work
1. Final Inspection: In order for the contractor to close out a project, a final
inspection shall be made by the City of Denton building code inspector,
the Community Development staff, and the applicant. If the final
inspection results in no additional work or no specified corrections, the
applicant shall sign final payment request stating that all work has been
completed to their (applicant’s) satisfaction. The building code inspector
shall sign a final inspection form to confirm the same. At this time, the
contractor is advised to submit to the Community Development copies of
all warranties and releases of liens from subcontractors and suppliers prior
to contingency payment.
2. Warranty of Work As stated in the contract, the contractor shall
guarantee the work performed for a period of at least one-year from the
date of final acceptance.The contractor will return in thirty (30) days and
ask the applicant if any additional repairs are necessary. Any deficiencies
or necessary repairs to specified work will be completed at this time.
XIV. PAYMENTS TO CONTRACTOR
A.The contractor shall receive approved final payment, minus a 10 percent
contingency, for completed contract within 15 working days after final
inspection approval. The contingency is calculated on the final contract
amount by adding the total project bid amount plus or minus change orders,
minus, if applicable, the cost for demolition. Contingency is withheld for
thirty (30) days from the date of final acceptance by Community Development
staff. After thirty days, if no additional or warranty work remains, the
contractor must request written approval from owner and CD staff to release
withheld contingency funds. Contractor must endorse the Mechanic's Lien
Note over to the City of Denton and sign a release of note and lien of the
Mechanic's Lien Contract before contingency payment can be released.
B.A contractor may request interim-project payments throughout the course of
the project. Interim payments will be made available to the contractor upon
applicant and CD staff approval of any contract work that has been completed.
Page 20
Contractor will submit a CONTRACTOR REQUEST FOR PAYMENT AND
PERIODIC STATEMENT form to the applicant when requesting payments.
C.An “All Bills Paid” affidavit and release of lien from all subcontractors and
suppliers must be submitted to the Community Development before final
payment can be released to contractor. Any electrical, plumbing, mechanical,
window and/or other required permits, Energy Star certification, when
required, and termite inspection report must also be submitted to the
Community Development prior to releasing contingency payment to the
contractor.
XV. CONTRACTOR DEBARMENT
A.A contractor will be declared ineligible to participate in projects funded by the
City of Denton Home Improvement Program for one or more of the following
causes:
1. Failure to complete a project within the prescribed contract period.
2. Failure to complete warranty repairs within a reasonable time period.
3. Failure to use licensed plumbing and electrical subcontractors.
4. Failure to obtain City-required insurance, i.e., general contractor’s
liability, automobile liability and builder’s risk (if applicable).
5. Failure to complete work in accordance with program specifications
and/or accepted standards of workmanship.
6. Failure to pay all subcontractors working on the project appropriately
and/or by not submitting affidavits of payment signed by all
subcontractors.
7. Failure to obtain proper permits for work in progress.
8. Failure to treat applicants with respect and courtesy.
9. Other offenses not described here when the Community Development
Director believes a contractor's action(s) does not serve the best interest of
the program, the City or the applicant.
B.Contractors will be notified of their proposed debarment and will be afforded
the opportunity to comment or appeal the action. All appeals must be made in
writing to the CD Administrator, Community Development Division, 601 E
Hickory St., Ste. B, Denton, TX 76205-4303 by the 15th day from the date of
the notification letter.
Page 21
APPENDICES
Appendix 1 Qualifying Income Limits and Ranges for the City of Denton's
Federally Assisted Programs
Appendix 2 Target Neighborhoods Map
Appendix 3 Homeowner HOME Certification and Agreement to Participate in the
Home Improvement Program Owner Occupied Assistance
Appendix 4 Temporary Rehousing Questionnaire and Agreement
Appendix 5 Space & Amenity Allowances For Reconstruction Activities
Appendix 6 Lead Based Paint Hazard Control Relocation Policy and Procedure
Page 23
APPENDIX 1
FY 2011/2012
City of Denton Community Development Department
Qualifying Income Limits for Federally Assisted Programs
Rehabilitation and Optional Reconstruction Eligible Income
Ranges
(The income limits are set by HUD - adjusted on HUD’s effective dates)
2-Part
*60% Payable / *40% Payable/*25% Payable/*15% Payable/
Loan
40% Deferred 60% Deferred 75% Deferred 85% Deferred
Ratio*
Owner
1% of Total Project .75% of Total .5% of Total Project .25% of Total
Contri-
CostProject Cost CostProject Cost
bution
Income
Extremely-Low
ModerateLowVery-Low
Range
80% AMI – 65% 65% AMI – 50% 50% AMI – 30%
30%
Family
AMIAMIAMI
AMI
Size
1 $38,700 - $31,451 $31,450 – $24,201 $24,200 - $14,551 $14,550 or Below
2 $44,250 - $35,951 $35,950 - $27,651 $27,650 - $16,601 $16,600 or Below
3 $49,800 - $40,451 $40,450 - $30,101 $31,100 - $18,701 $18,700 or Below
4 $55,300 - $44,901 $44,900 - $34,551 $34,550 - $20,751 $20,750 or Below
5 $59,750 - $48,551 $48,550 - $37,351 $37,350 - $22,451 $22,450 or Below
6 $64,150 -$52,151 $52,150 - $40,101 $40,100 - $24,101 $24,100 or Below
7 $68,600 - $55,701 $55,700 - $42,851 $42,850 - $25,751 $25,750 or Below
8 $73,000 - $59,351 $59,350 - $45,651 $45,650 – 27,401 $27,400 or Below
Appendix 1 Page 24
two-partAppendix 1 (Continued)
*In this loan:
Part I: Payable Loan
is based on a percentage of the total City-paid project cost (see
Section VII.D.). The payable portion of the loan is amortized over the term of the
note (60 to 240 months - see Section VII.C.), and carries a 2 percent interest rate.
There is no penalty for paying the payable loan off early.
Part II: Deferred Loan
is based on a percentage of the total City-paid project cost
(see Section VII.D.). This portion of the loan carries a zero percent interest rate. For
every month applicant complies with deed and note requirements, a fraction of the
deferred loan is forgiven (on a 5-year note, 1/60, on a 10-year note 1/120, on a 15-
year note 1/180, and on a 20-year note 1/240). The deferred loan terms are from
between 60 to 240 months (5 to 20 years) based on project cost and/or type of
assistance activity (see Section VII.C.). At the end of the contract term the deferred
loan is forgiven, provided applicant has satisfied all the conditions listed in the Deed
of Trust and Promissory Note. The deferred loan is secured by a lien on the property.
*Persons age 62 or older
are eligible to receive a reduction of 5% on the payable
loan portion. The 5% will be included in the deferred portion of the loan.
Reportable Income:
Gross income for all household members aged 18 and above
must be included to determine household’s eligibility to receive assistance; however,
payback
some household members’ incomes may be excluded when determining the
category
that the eligible household will be approved for. They are: applicant’s
children, grandchildren or legal guardians of the applicant who are aged 18 up to 26
and/or children aged 22 up to 26 who are full or part-time students. Incomes for
payback
household members aged 26 and older will be included in determining the
category
for the household.
Income Limit Source:U.S. Department of Housing and Urban Development.
:
Effective 5/31/2011
Home 221(D)(3) Maximum Per-Unit Subsidy Limits For Denton - Effective:
11/1/2010
0-BDR=$100,742 1-BDR=$115,484 2-BDR=$140,429 3-BDR=$181,668
4-BDR=$199,417
95 Percent of the 2007 Single Family Mortgage Limit for Denton ($184,028) =
$174,827
Effective: 4/15/2010
Appendix 1 Page 25
APPENDIX 2
City of Denton, Texas
Targeted Neighborhoods Map
Appendix 2 Page 26
APPENDIX 3
City of Denton Community Development
Home Improvement Program
Homeowner HOME Certification and Participation Agreement
Community Development
staff:
Homeowner:
Homeowner’s Property
Address:
Mailing Address:
(if different from above)
Phone: Mobile: Fax: Email:
1. I certify that I, Homeowner named above, am the owner/occupant of the
property located at the above-referenced Street Address and that it is my
principal residence.
2. As the Homeowner, I acknowledge I am responsible for completing and
returning all required documentation to the Community Development staff
within the time period stated on the application materials. Required
documentation will include, but is not limited to, a completed Community
Development Home Improvement Program Verification of Income Application,
proof of income and proof of home ownership. If I fail to provide these
documents in a timely manner, or if I fail to respond to any inquiries made by
Community Development staff regarding my HOME Application for
Assistance, I may be disqualified from participating in this program and
receiving benefits.
3. I understand the funding limitations of the HOME program and have been
instructed regarding which services I may receive.I understand a thorough
inspection of my home may result in one of the following recommendations:
REHABILITATION
a. – Repairs are made to the existing home in order to
eliminate its construction deficiencies, in accordance with the Home
Improvement Program Minimum Construction Standards as established by
the City of Denton Home Improvement Program. The homeowner may be
required to make arrangements for relocation while the rehabilitation takes
place.
Appendix 3 Page 27
RECONSTRUCTION
b. – Due to excessive construction deficiencies which
cannot be repaired or rehabilitated sufficiently to meet required minimum
construction standards, the existing structure is demolished and replaced
with a newly constructed home built on the same site. Reconstructed
homes must comply with 2003 International Residential Code (IRC)
standards. The homeowner will be required to make arrangements for
relocation while the reconstruction takes place.
NOT ELIGIBLE
c.– Results when the required repairs are estimated to
exceed the program’s previously established budget or funding limitations,
or when either the Community Development staff or Homeowner elect not
to allow rehabilitation or reconstruction of the home.
4. I understand that by accepting funding for rehabilitation / reconstruction of my
property, I will be required to sign a deed contract that will make me legally
responsible for:
a. regular upkeep and maintenance of the home following rehabilitation /
reconstruction;
b. keeping my home adequately insured as described in the Home
Improvement Program Policies and Procedures booklet;
c. keeping all my property taxes paid when due;
d. paying the loan payments in a timely manner.
5. I have reviewed the Home Improvement Program Policies and Procedures with
Community Development staff and have initialed all areas included in the
detailed review. I have initialed each item on the attached checklist that was
reviewed in detail with me. I was provided an opportunity to ask any questions
about the program, it’s limitations, eligibility criteria, etc., regarding such items
as contracts, minimum building standards and specifications, financial limits,
type of loans, funding sources contractor selection and payments, etc., prior to
signing this Homeowner Certification and Agreement to Participate in the
Home Improvement Program.
6. I understand it is my responsibility to arrange access to the home for building
contractors, inspectors, and workers performing construction or repair services
to the home. Following completion of the construction, the home will continue
to be accessible for completion of punch list items and warranty work. If
reasonable and timely access is denied to a building contractor or inspector who
is attempting to make a good faith effort to make or inspect required repairs, I
will become responsible for completing the repairs at my expense.
Appendix 3 Page 28
7. I understand that the security of the property, household goods, and personal
items is my responsibility and that I may be required to move and/or store
personal property at my expense. If personal property is damaged, displaced or
lost during the construction or inspection of the property, I will immediately
report the situation to the Community Development staff, but it will be my
responsibility to pursue damages for any losses through my own insurance
provider. I will complete photographic and written inventory prior to the
beginning of rehabilitation / reconstruction.
8. During rehabilitation / reconstruction, I will not touch, disturb, move, or
otherwise affect, the construction areas, tools, materials and/or equipment. I
will make a reasonable effort to stay away from the construction zone.
9. I will provide all existing utilities for use by Building Contractor only as they
relate to the rehabilitation / reconstruction of the home. I am responsible for
continuous maintenance and payment of existing utilities.
10. I will review each Building Contractor’s Request for Payment and I will make a
reasonable effort to inspect each item Building Contractor submits for payment
prior to approving the payment request. By signing the Building Contractor’s
Request for Payment, I am verifying that to the best of my knowledge and belief
each of the listed rehabilitation / reconstruction items has been completed
according to the required standards and specification.If I am not satisfied with
a particular item of repair that has been presented for payment, I may delete the
items(s) until such repair is satisfactorily completed. If the repair is completed
according to standards and specifications but I refuse to approve the payment
request, I understand that I may be responsible for payment to Building
Contractor for any lost time. Community Development staff shall resolve any
such conflicts.
11. Before approving final payment I will receive a Warranty from Building
Contractor. If warranty work is required during the warranty period, I will be
responsible for contacting Building Contractor by telephone. If no contact is
made by telephone, I will send a certified letter (with a return receipt) to
Building Contractor. If Building Contractor has not responded within 30 days, I
will immediately report the situation to Community Development staff. I will
provide Community Development staff with copies of my receipts and letters
supporting my attempt to contact Building Contractor. If warranty issues or
other complaints remain unresolved, I agree to adhere to the Home
Improvement Program’s Dispute Resolution Policy including an informal
conference and possibly, binding arbitration.
Appendix 3 Page 29
Homeowner’s Certification
I/We certify that I/we have read and I/we understand this “Homeowner
Certification and Participation Agreement. I/We certify that, to the best of
my/our knowledge, all required documents and materials I/we have completed
and submitted to Community Development staff for my/our Application for
Assistance are true and correct. I/We certify that Contract Administrator has
explained to me/us, and I/we understand the benefit options available under the
Home Improvement Program.
I/We choose to participate in the Home Improvement Program and to
comply with all Program requirements.
NOT
I/We choose to participate in the Home Improvement Program or to
receive any services provided and/or funded by the Program.
Signature of Homeowner Date
Signature of Homeowner Date
Appendix 3 Page 30
APPENDIX 4
TEMPORARY REHOUSING QUESTIONNAIRE AND AGREEMENT
Your participation for optional reconstruction assistance is voluntary. Reconstruction funds
are limited therefore; the Program does not cover costs necessary for household to relocate
during reconstruction of the property. Please complete the following questionnaire. This
information will help our staff in determining if you will be eligible for optional reconstruction
assistance.
1. I understand that costs will begin to incur that may include but are not limited to filing,
platting, re-platting, title search, property surveys and other costs deemed necessary. I
understand I will be responsible for these costs, even though project may or may not be
completed.
Yes No
2. I understand that it is my responsibility to relocate my household, before the
reconstruction and after the reconstruction is completed, and that I am responsible for all
costs involved to do so. I also understand that I must vacate permanently the currently
occupied substandard dwelling within 10 days notice by the City.
YesNo
3. I understand that as a result of reconstruction, my appraised property value, set by the
Denton Central Appraisal, may increase significantly from the amount at which it is
currently valued.
YesNo
4. I understand that an increase in my property value may cause my property taxes to
increase by a significant amount. I am financially prepared to meet any increase.
YesNo
5. I understand that I am obligated to carry homeowner's insurance for the duration of the
lien (20 years) that the City of Denton will have on my property. I understand that I must
request that my insurance company list the City of Denton as a "Certificate Holder" on my
policy.
YesNo
Appendix 4 Page 31
6. I understand that my homeowner insurance premium will most likely increase as a result
of the reconstruction. I am aware that my insurance policy must cover the after-
reconstruction appraised value of my property. I am financially prepared to meet this
increase.
YesNo
7. I understand that I must take possession and occupy the replacement dwelling when the
reconstruction is completed and the City determines it to be ready for occupancy. I
understand that I may be required to resign contracts.
YesNo
8. I understand that The City of Denton is limited in the amount of funds it can spend to
reconstruct a property. I have been briefed on these limits and understand that my
eligibility for optional reconstruction assistance will be granted only if it is determined that
the total of all costs involved to reconstruct my property will be at or below the allowable
program limit.
YesNo
This APPLICATION was completed by (Name) on
(Date). By signing below, I am requesting that the City
of Denton Community Development Division accept this as my application to be considered
for optional reconstruction assistance.
Applicant’s Signature Date
Appendix 4 Page 32
APPENDIX 5
SPACE & AMENITY ALLOWANCES
FOR RECONSTRUCTION ACTIVITIES
The City of Denton may provide replacement single-family modest, safe, energy-
efficient, decent dwellings. An EnergyStar® qualified home. Space and room
limits for replacement housing are determined by household need.
Replacement housing will provide up to the following:
ENERGY
Provided Space
STAR®
1 Kitchen 1 Dining Area or Kitchenette
Qualified
1 Laundry Alcove 1 Food Pantry Closet and/or
Home
Cabinet
1 Coat Closet 1 Linen Closet
Compared with standard
1 Living Area 2-3 Bedrooms*** W/Closets**
homes, ENERGY STAR
qualified homes use
1 or 2 Bathrooms* 1 Attached (Non-Conditioned)
substantially less energy
Storage Area
for heating, cooling, and
water heating -
delivering in annual
Maximum Square Feet Allowed (Within 2 % +/-)
savings.
2 Bedrooms 1 bath - 1000 SF
2 Bedrooms 2 baths - 1080SF
3 Bedrooms 1 bath - 1150 SF
3 Bedrooms 2 baths - 1200 SF
4 Bedrooms 2 baths - 1250 SF (***must be approved)
Amenities
1 Brick Mailbox 1 Ceiling fan per bedroom and 1 in Living Room
1 HVAC Unit (16-Seer AC) 1 Front & 1 Rear Exterior Weatherproof Electrical
Outlets
1 Front Entry Door 1 Rear or Side Entry Door
1 50 gallon Water Heater 1 Front, 1side& 1 Rear Hose Bibb
2-Car Driveway Space 1 Attic Access Stairs
Programmable Thermostat Standard lighting including exterior safety lights front
and back
1 Energy Star Refrigerator 1 4 burner Gas or Electric Range/single Oven
(appliances if needed)
Appendix 5 Page 33
: Owner chooses combination and placement of Carpet/Pad, Sheet
Flooring
Vinyl or Tile Vinyl Flooring - maximum of one carpet and one vinyl choice per
house.
: Sod will be installed at a minimum of 5' wide around entire
Grass
foundation/perimeter, 3' wide around sidewalks and driveway. Season-
appropriate seed will be spread on remainder of un-sod yard.
: A full bathroom may be made accessible to accommodate
*Bathroom
physically handicapped household member(s). Household may also select a 1/2
or 3/4 bath in place of a second full bath, if desired.
** will ideally, when possible, provide a minimum of 4’ X 2’ of
Clothes closets
space per bedroom.
*** from household makeup: A
Determining Maximum Number of Bedrooms
household may select up to a 3 bedroom 2 bathroom house based on need. A
fourth bedroom may be requested in writing when a household believes there is
a valid need for the additional space. The Community Development
Administrator approves requests on a case-by-case basis.
Under no circumstances will this program provide space exceeding that
described above.
Appendix 5 Page 34
Appendix 6
Lead-Based Paint
Hazard Control
Policy & Procedure
Lead-Based Paint Hazard Control
Policy & Procedure
The purpose of this Policy & Procedure is to provide guidance during
rehabilitation of properties when lead-based paint has been identified as
a hazard in homes occupied by low and moderate income families with
Appendix 6 Page 35
children less than 72 months (six years) of age. The policy/procedure
establishes standards, project timelines, etc., for eligible households
Home Improvement
receiving lead hazard control work through the
Program.
This policy and procedure also provides a mechanism for
obtaining agreement for and approval of temporary relocation
.
provisions
Please read the information in this policy/procedure in its entirety. If
you agree with the information established for this project as outlined
below, please sign and date the last page of this document and return it
to the Community Development Department. Should you have any
questions or concerns regarding this policy, please feel free to call (940)
349-7726 and schedule an appointment with staff.
General Policies
The following are general policies:
Only properties that were built before 1978, occupied by families that
are approved to participate in the Home Improvement Program and
have children under 72 months of age are eligible for LHCG funds
(when available). Lead hazards will be completed using Federal
CDBG and HOME funds when LHCG funds are not available.
Pre-hazard blood lead level testing for every child less than 72
months of age within 6 months prior to the start of rehabilitation/lead
remediation work is required. Blood lead testing must be completed
by a qualified medical agency. The child’s Blood Lead test results do
not need to be provided, but documentation from the qualified
medical agency must be provided documenting the child(ren) has
been tested.
Funds for temporary relocation during project lead hazard control
work are not provided. Since the owner occupied rehabilitation
programs are entirely voluntary, the Uniform Relocation Act does not
apply. (Relocation requirements during lead hazard control work for
elderly households may be waived by owners when no children live
in or regularly visit the property).
Appendix 6 Page 36
All back up documentation in individual project files and available
for review on request. The files need to be maintained for the term of
the loan.
Environmental Requirements:
Must comply with and meet all lead based paint regulations. Lead-based
paint hazard reduction techniques will be used when lead-based paint
exceeds HUD’s acceptable limits for lead content in existing paint. The
limits for lead content exceed HUD’s limits when lead content exceeds 1
mg per cm² (one milligram per centimeter squared), or 5000 ppm (parts
per million). The reduction techniques used by this program are
described and found in the U. S. Department of Housing & Urban
Development’s publication, Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing, issued June 1999
Inspection, Risk Assessment Testing, and Clearance Procedures:
All lead hazard evaluations will be conducted by risk assessors. Risk
assessments may be conducted either by staff or contracted through
qualifying firms. Clearance tests for projects may be conducted by
clearance sampling technicians.
All lead hazard control methods will fall into the category of interim
controls although some activity may in fact permanently remove lead
hazards. Rehabilitation Specialists will use professional judgment and
expertise in determining appropriate methods to address deficient
conditions based on recommendations from the risk assessment.
Homeowner Protection:
Home Improvement ProgramHomeowner
The requires that an
Protection Plan,
includes all household members, mustbe in effect
before lead hazard control work can commence. Safety is given first
priority in determining these plans. Homeowner protection is mandatory
and designed to protect homeowner(s), members of the household, pets
and personal belongings during lead hazard control work. The attached
Homeowner Protection Plan
is specific to your lead hazard control
project and was developed based on the scope of work to be completed.
This Plan assures safe housing is available to the homeowner. These
Appendix 6 Page 37
plans are the final decision and responsibility of the Lead Abatement
Project Designer. By signing and dating the Home Improvement
Relocation Approval page, you will be agreeing to the Homeowner
Protection Plan that is a part of this document:
Project Start Date:
Project Start Date
Once the homeowner(s) has selected a contractor a
must be established. This date is determined through a cooperative
effort and agreed upon by the contractor, homeowner(s) and Community
Development staff. The three factors that must be considered to set a
Project Start Date
are:
First:
The date the contractor can actually begin the project.
Contractor is to include time needed to meet the Three-day Right of
Rescission requirement as well as any time needed to prepare for the
project such as, ordering materials needed that must be available on
the date the LHC work actually begins (windows, doors, etc.).
Second:
The date the homeowner(s) has prepared for all
requirements of the Temporary Relocation Plans (as written above).
This date must take into account all arrangements needed to be made
by owner (such as hotel reservations, packing, storage, if required,
and any other arrangements that must be made prior to the work
beginning).
Third:
The date City of Denton staff can have contracts ready for
signing (including a date all parties required to sign contracts will be
available to sign)
Project Start
All parties must give priority to reaching an acceptable
DateProject Start Date
. Once a has been established, all parties will
be notified of:
Project Completion Date:
The amount of time needed to complete a project is decided on a project-
by-project basis but usually fluctuates from between two days and two
weeks. The contractor is required to provide a set project completion
Appendix 6 Page 38
date (or, provide the number of consecutive working days the project
will take to complete). The Lead Abatement Project Designer must
Project Completion Date
approve this timeline. The will become part
of the project contracts.
Clearance Testing Requirement:
Before homeowner(s) can return to the property, the property must pass:
1.) visual inspection; 2.) dust wipe; and 3.) soil clearance tests. If
clearance is not achieved on first testing results, the relocation process
must be prolonged to allow contractor time to achieve clearance levels
(put the levels here). Reaching clearance is the responsibility of the
contractor; therefore, any additional time required to meet clearance is
Project Completion Date
the contractor’s responsibility. If the must be
extended because of a failed clearance test, liquidated damages will be
enforced for every day homeowner(s) cannot return to the property. The
contractor will also be responsible for lab fees, if retesting is required,
and the cost of these fees will be deducted from the contract amount.
Homeowner(s) will not be permitted to enter the worksite once the
project has started for the duration of the hazard reduction activities until
such a time that clearance testing has passed all requirements.
Moving and Storage:
Funds for temporary relocation during project
rehabilitation/reconstruction are not provided. In most cases, household
Lead Abatement
goods will not have to be moved. In the event the
Project Designer
determines that some or all furniture and household
Home Improvement
goods must be moved out of the property, the
Program
will notify homeowner(s).
If furniture needs to be moved:
The homeowner(s) will be notified by
Home Improvement Program
of the areas where work will be
conducted. These areas will need to bereadily available to the contractor
to begin working. If furniture needs to be moved, closets emptied,
shelves cleared etc., it is the responsibility of the homeowner(s) to
relocate their possessions to assist the contractors timely and efficient
Appendix 6 Page 39
work schedule. The homeowner(s) is responsible for packing and storing
valuable possessions. Neither the contractor nor the City of Denton is
responsible for missing or damaged property that has not been properly
packed and stored by the homeowner(s).
It is advisable that homeowner(s) make a checklist of all valuables
stored.
Steps for relocating a family:
Home Improvement
1. A draft of relocation plan will be made by the
Program
. Contractor will submit plan of work schedule stressing
all exterior work to be completed.
Home Improvement Program
2. informs homeowner(s) of abatement
commencement, preferably 10 days before.
Home Improvement Program
3. starts paperwork and will advise
and consult regarding extended period of relocation.
Home Improvement Program
4. will inform or provide the family
with:
a. Information of time span required for the relocation.
b. Everything they should take that they will need for the
maximum number of days they will be relocated.
c. All pets should be relocated or boarded.
7. Homeowner(s) will be made responsible for insuring that all
household members are relocated during lead hazard control work
and the house be made available to begin project. Homeowner(s)
will provide keys to the contractor.
Home Improvement Program
8. will inform Homeowner(s) of final
Home
clearance. If house does not pass clearance, then
Improvement Program
will inform property homeowner(s).
Appendix 6 Page 40
Home Improvement Program
Lead-Based Paint Hazard Control
Homeowner Protection Plan
Includes all household members / pets / household goods and belongings
Homeowner(s) Name:
Project Address:
Homeowner Protection:
Pet Protection (If Applicable):
Personal Belongings/Household Goods Protection:
Other Instructions required for this project:
Signed:
Lead Abatement Project Date Plan Developed
Designer Name Printed:
Appendix 6 Page 41
Contract Signing Date
1.) :
Project Start Date
2.):
Project Completion Date:
3.)
NOTE One: If for any reason any of the dates established above cannot be met after
they have been agreed upon, the party responsible for providing that date must
notify a Home Improvement Program staff immediately to provide an alternate
date. This action may cause further delays. All other parties will be notified if
the established date must be changed and must agree to a new date.
Appendix 6 Page 42
Home Improvement Program
Project Relocation Plan Approval
Date Policy/Procedure Received:
Project Address:
Homeowner Name(s):
Homeowner Address:
City State: Zip:
Homeowner Phone:
Contractor : City State: Zip:
Contractor Address: Contractor Phone:
By my/our signature(s) below, I/we acknowledge and agree to the terms as written in
the Lead-Based Paint Hazard Control Policy & Procedure and the Homeowner
Protection Plan. I/We understand that it is my responsibility to approve specifications;
review the bids and select a contractor (subject to Home Improvement Program
approval), to sign the construction contracts and change orders, and to approve the
payouts.
Homeowner Signature Homeowner Signature
Date Date
Homeowner Signature Date
Community Development staff Signature
City of Denton
Community Development Department
601 E. Hickory, Suite B
Denton, TX 76205
940-349-7726
Appendix 6 Page 43
Project Relocation Plan Approval
Page 2
Steps for relocating a family:
Home Improvement
1. A draft of relocation plan will be made by the
Program
. Contractor will submit plan of work schedule stressing all
exterior work to be completed.
Home Improvement Program
2. informs property homeowner(s) of
abatement commencement, preferably 10 days before.
Home Improvement Program
3. starts paperwork and will advise and
consult regarding extended period of relocation.
Home Improvement Program
4. will inform or provide the family with:
a. Information of time span required for the relocation.
b. Everything they should take that they will need for the maximum
number of days they will be relocated.
c. All pets should be relocated or boarded.
7. Homeowner(s) will be made responsible for insuring that all household
members, pets and belongings are protected during lead hazard control
work by complying with the “Homeowner Protection and Project
Relocation Plans” and agree to make the house available to contractor to
begin project. Homeowner(s) will provide keys, as required, to the
contractor.
Home Improvement Program
8. will inform Homeowner(s) of final
Home Improvement
clearance. If house does not pass clearance, then
Program
will inform property homeowner(s).
Appendix 6 Page 44
City of Denton Community Development
Home Improvement Program
601 E. Hickory, suite B, Denton, TX 76205
HOMEOWNER’S SERVICE AGREEMENT
(Owner Name), hereinafter referred to as Owner, have applied for assistance
I/we,
from the Home Improvement Program to complete a rehab and will include lead
hazard reduction and controls on my property. If this assistance is granted, I
understand that the Home Improvement Program will be inspecting my property,
acting as Home Improvement Program’s technical agent and monitor of the lead
Property Address
hazard control project for the property, which is located at.
Owner’s Responsibilities
I understand that even though Home Improvement Program provides a deferred
loan*, it is my responsibility to approve specifications; review the bids and select
a contractor (subject to Home Improvement Program approval), to sign the
construction contracts and change orders, and to approve the payouts.
I acknowledge that I have been advised that I should inspect the work as frequently as
possible, and discuss with the contractor, or Home Improvement Program personnel
any difficulties or poor workmanship observed. I understand that once materials are in
place that cost of repair or replacement is substantial.
Owner Protection and Temporary Relocation During Lead Hazard Reduction
In most jobs that require lead hazard reduction, our agency requires appropriate
actions to be taken to protect owner(s) and all members of the household from lead-
based paint hazards. In those cases, owner(s) or no member of the household may
not enter the worksite during the lead hazard reduction activities. Re-entry is
permitted only after such activities are completed and the unit has passed a clearance
examination. Owners of the unit do not have to be relocated if: rehab work will not
disturb lead-based paint or create lead-contaminated dust; hazard reduction
activities can be completed within one 8 hour daytime period and the worksite is
contained to prevent safety, health or environmental hazards; exterior-only work is
being performed where the windows, doors, ventilation intakes and other openings
near the worksite are sealed during hazard reduction activities and cleaned
afterward, allowing for a lead-free entry to be maintained; hazard reduction activities
will be completed within 5 calendar days and the work area is sealed, the area within
10 feet of the containment area is cleaned each day, owner(s) or members of the
household have safe access to sleeping areas, bathroom and kitchen facilities in the
Appendix 6 Page 45
same housing unit or in another convenient location; and owner(s)or members of the
household are not permitted into the worksites until after clearance has been
achieved.
If occupied units are to undergo more extensive lead hazard reduction activities, the
owner(s) or members of the household must be temporarily relocated. Most often,
furniture and owner’s or members of the household’s belongings can be covered and
sealed with protective plastic sheeting, although storage of major furniture and
removal of all small furnishings during the hazardous materials reduction work may
sometimes be necessary. The owner(s) is responsible for carefully packing all
breakables; removing all clothing from closets, etc. During the hazard reduction
work, only workers trained in lead hazard reduction may enter the work site. This
means that owner(s) and members of the household are not permitted to return to the
work site during the day or at night. If you have special needs to re-enter the site,
please contact your rehab specialist. Only when the unit has been cleaned to the
federally- mandated standards and passed a clearance examination is it safe and
permissible to return to your home. The rehab specialist will notify you with an
Authorization for Re-Occupancy. Sometimes the jobs are completed in stages, with
the lead hazard reductionwork occurring first and the other renovation work
following. In these cases interim dust lead clearance must be obtained prior to re-
occupancy by the owner(s) or members of the household and other non-lead related
rehabilitation workers. Final lead dust clearance must be repeated following the
rehabilitation work to verify that the residence is free of lead hazards. (Note: HUD
has advised that relocation of elderly owners is not typically required, so long as
complete disclosure of the nature of the work is provided and informed consent of the
elderly owner(s) is obtained before commencement of the work.)
Home Improvement Program’s Role
A. I understand that Home Improvement Program provides work-in-progress
inspections to me for their protection. However, these services are not a guarantee
of any type, and do not make Home Improvement Program responsible for the
quality of the work, or responsible for any contractor or worker’s performance.
C. I understand that the staff of Home Improvement Program cannot be personally
available for all inspections of each segment of the work performed on the
construction site and that both Home Improvement Program and its employees,
members, officers, and directors will reasonably rely on the competence and skill
of each individual contractor as is normal in the course of such business
negotiations, transactions, and execution of the contract.
Appendix 6 Page 46
Home Improvement Program’s Emergency Authority
I authorize the staff of Home Improvement Program to issue emergency orders and/or
instructions in the event that the Residential Construction Specialist is available to
observe the work in progress, and can anticipate that without authority to issue such
instructions, work will be done which will substantially alter the intentions of the
homeowner(s), injure the property or violate the specifications of the contact.
Upon the issuance of such orders or instructions, Home Improvement Program’s
Residential Construction Specialist will contact the general contractor or
subcontractor most directly responsible for the work in question and the
homeowner(s) as quickly as possible, and all parties will examine and approve or re-
negotiate the work in question before the job proceeds.
General Provisions
A. I further agree to hold harmless and indemnify Home Improvement Program and
its employees, members, officers, and directors, in connection with acts performed
by them which would reasonably be associated with consultation, technical advice,
financial counseling, loan processing, property inspections, and other related
activities.
B. I authorize the staff of Home Improvement Program to obtain or provide specific
reports, such as personal credit reports, property title and tax searches, building
code inspection reports, property appraisals, repair specifications, cost estimates,
contractors bids (and such other reports which said staff deems necessary to
perform its functions).
C. Whenever the pronouns “I,” “my,” “we” are used in this agreement they shall mean
“we,” “our,” and “us” respectively, if more than one owner signs below.
Homeowner’s Signature Date
Homeowner’s Signature Date
Appendix 6 Page 47
COMMUNITY DEVELOPMENT DIVISION
940-349-7726
www.cityofdenton.com
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Transportation Operations
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to approve a fourth amendment
to an Airport Lease dated September 15, 1987 as amended by Ordinance 2010-297 dated
September 7, 2010 and by Ordinance 2011-035 dated March 1, 2011 and by Ordinance 2011-097
between the City of Denton, Texas, and First Financial Resources, Inc. at the Denton Municipal
Airport; and providing an effective date. (Council Airport Committee approved 3-0)
BACKGROUND
First Financial Resources, Inc. owns an 8,000 square foot hangar constructed on an Airport
ground lease first approved in September 1987. Hangar enlargement and renovations were
constructed by First Financial Resources early in 2010. The lease has a primary term of twenty-
three (23) years with three (3) consecutive options to renew for a five (5) year period each. The
primary term of twenty-three (23) years would have expired on September 15, 2010 if it had not
been extended by the City Council. Section VII, B, 2 and 3 of the lease state the following:
2. Assumption. All buildings and improvements of whatever nature remaining upon the leased
premises at the end of the primary term, or any extension thereof, of this lease shall
automatically become the property of Lessor absolutely in fee without cost to Lessor.
3. Building Life. It is agreed that the life of the building to be constructed by Lessee on the
property herein leased is twenty-three (23) years.
Section III, Term, contains the following requirement related to each 5-year renewal:
to be negotiated shall be reasonable and consistent with
This is the first enforcement of the assumption clause at Denton Municipal Airport where the initial
lease term has terminated. Over the next ten (10) years there are three ground leases which will
reach the end of the primary lease term and each have a similar reversion clause. These are as
follows:
First Financial 9/15/2010
Harold Culp 1/14/2014
Dr. J. R. Almand 4/30/2015
AIS First Financial Resources, Inc
October 4, 2011
Page 2 of 3
City Staff has approached First Financial Resources to begin negotiation of terms for a new lease
based upon a discussion with the Council Airport Committee on August 2, 2011. Although the
lease rate and lease period have been presented to First Financial Resources, the lease document has
continued to undergo review and revision by a real estate management consultant, the City of
Denton Legal Department and City of Denton Risk Management. City Staff will need some time
beyond the current lease extension period, which expires October 13, 2011, to coordinate input
toward a final lease document. This is the fourth proposed extension of the First Financial
Resources, Inc. lease and will extend the primary term of the lease by an additional ninety (90) days
to expire January 11, 2012.
First Financial Resources, Inc. has agreed to this extension in order to allow the City time to
complete the proposed lease document and to allow their own administrators time to review the
proposed terms and conditions for a new lease.
FISCAL IMPACT
The ground lease rate for First Financial Resources, Inc. has escalated through Consumer Price
Index adjustments since the inception of the lease to a current rate of $0.1148 per square foot
annually ($2,745). A new lease rate which includes compensation to the City for the value of
improvements made to the property under the terms for reversion has been presented to First
Financial Resources, Inc. An executed lease document will be presented to the Council Airport
Committee for review and recommendation to the full City Council as soon as the lease form is
revised by staff and negotiation of a proposed lease rate and term has been completed.
PRIOR ACTION
1.First six (6) month lease extension approved by City Council on September 7, 2010;
2.Second three (3) month lease extension approved by City Council on March 1, 2011;
3.Third four (4) month extension approved by City Council on June 7, 2011;
4.Fourth three (3) month extension recommended by Council Airport Committee on
September 23, 2011 by vote of 3-0.
RECOMMENDATION
Airport Staff recommends approval of the additional ninety (90) day extension of the primary
term for the First Financial Resources, Inc. lease.
EXHIBITS
1.Ordinance to approve the First Financial Resources, Inc. lease extension for ninety (90)
days;
2.Fourth Amendment attached to proposed Ordinance.
AIS First Financial Resources, Inc
October 4, 2011
Page 3 of 3
Respectfully submitted,
Quentin Hix
Airport Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Airport
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving an Airport Safety Equipment Lease Agreement
between the City of Denton, Texas and Jet Works Air Center; and providing an effective date.
(Council Airport Committee recommends approval 2-0).
BACKGROUND
Denton Municipal Airport is currently operating an Airport Rescue and Fire Fighting
vehicle (ARFF Truck) under an administrative memorandum of understanding with Jet Works
Air Center (JWAC). This is a public/private partnership to provide this service improvement to
all tenants and users of the Denton Airport. Attached as Exhibit 1 is a picture of the ARFF Truck
that JWAC has acquired on a lease/purchase agreement in order to qualify for a sub-contract
with L3 Corporation (L3) to perform heavy maintenance on Army aircraft such as Citation jets
and King Air twin engine aircraft. The JWAC sub-contract negotiated with L3 required JWAC
to provide an ARFF Truck on site as the Army aircraft arrive and depart. The availability of an
ARFF Truck was discussed with the Denton Fire Department, which resulted in JWAC locating
a refurbished ARFF Truck.
The Denton Fire Department (DFD) has included in their annual training program sending an
additional ten (10) firefighters to a D/FW Airport aircraft fire suppression school in May of this
year (see attached picture). The DFD had, also, discussed with JWAC their commitment to
provide daily service inspections for a JWAC-owned ARFF Truck and to operate the truck if an
emergency occurred at Denton Airport. As a result of discussion with the DFD, Airport staff, the
Legal Department, Fleet Services, Facilities Maintenance and Senior City staff, JWAC decided
to make the commitment to a lease/purchase of the truck which had been identified by DFD.
Business Air Management (BAM) committed to house the ARFF Truck in a BAM hangar and
make it available to the DFD for access 24/7. The ARFF Truck has been lettered with the
Denton Airport name and it is available to serve the needs of any Airport user for emergency
response, operated by the DFD. The administrative Memorandum of Understanding under
which the ARFF Truck is being operated is proposed to be replaced with a short-term sub-lease
to the City at a modest price of $6,600 for a six-month period. The JWAC medium-term
objective is to sell (partially donate) the ARFF Truck to Denton Airport at the end of the short-
term lease. This will help to qualify the Airport for FAA Part 139 certification which will allow
chartered passenger flight services. The FAA requires a staffed ARFF vehicle, as well as,
various other safety and security features to be Part 139 compliant, and the Business Plan
AIS Airport Rescue and Fire Fighting Truck
October 4, 2011
Page 2 of 3
identifies the Part 139 certification as a long term goal of the Airport. No long-term commitment
has been made by Airport staff regarding a permanent, Airport funded ARFF service.
The general commitments associated with the ARFF Truck follow:
JWAC
1. Lease of the ARFF Truck valued at $80,000 for a six-month period beginning June 8,
2011 at $5,000 per month;
2. Sub-contract with L3 Corporation to provide heavy maintenance to an estimated one-
aircraft per month at an average contract price of $500,000 to $750,000;
3. Provide access and operation of the truck to the Denton Fire Department to service
any user of Denton Airport; and
4. Provide mechanical maintenance under their lease/purchase agreement.
Denton Fire Department
1. Provide training for twelve (12) fire fighters through the D/FW Airport aircraft fire
suppression school (Ten fire fighters completed the training in May 2011);
2. Provide daily service inspection for the ARFF Truck; and
3. Operate the ARFF Truck in response to any Airport emergency.
Denton Airport-
1. One-time payment of $6,600 under a short-term lease to participate at a level that
makes the ARFF Truck available for use for any Airport purpose (no further
commitment has been made; however, the intent is to work toward ownership of an
ARFF Truck and construction of an ARFF Station to qualify the Airport as Part 139).
DISCUSSION
The 2010 Denton Airport Business Plan states that as the Airport continues to grow and attract
business aviation, certain amenities will be expected by corporate users, including an Airport
Rescue and Fire Fighting service. Although this is a key component of the requirements to
become a Part 139 certified service provider, and, achieving this status would allow significant
additional opportunity to attract charter services and aviation industry, this amenity was not
anticipated until development occurs on the west side of the Airport. The current commitment
from JWAC to acquire an ARFF Truck and to make it available to the Airport for general use
creates an economic advantage for the Airport to enhance service to current users and to attract
new aviation industry prospects. The ARFF Truck was delivered to JWAC at Denton Airport on
Wednesday, June 8, 2011. Continuation of this service after the initial six (6) month lease period
committed by JWAC will be considered by City Staff and discussed with the City Council as
issues are identified.
AIS Airport Rescue and Fire Fighting Truck
October 4, 2011
Page 3 of 3
PRIOR ACTION
The Council Airport Committee recommended approval 2-0 at the September 23, 2011 Council
Airport Committee meeting.
EXHIBITS
1.Photograph of the ARFF Truck
2.Photograph of ARFF training for DFD personnel
3.Ordinance authorizing the short-term lease of the ARFF Truck (lease attached)
Respectfully submitted,
Quentin Hix
Airport Manager
Exhibit 1
ARFF Truck
Exhibit 2
DFD ARFF Training
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Water Utilities
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute a Consent To
Assignment and Assumption of Obligations between the City of Denton, Energy Assets
Operating Company L.L.C. (“Energy Assets”) and Legend Gathering Company L.L.C.
(“Legend”) consenting to the assignment of certain rights and obligations from Energy Assets to
Legend related to Right Of Way License To Use Certain City Property For Placement of
Transmission Pipelines, dated on or about October 26, 2007, from the City to Energy Assets;
providing for severability and an effective date.
BACKGROUND
Over the course of the last several years as a result of the Barnett Shale gas development, the
City has required License Agreements with operators constructing Gas pipelines within the City
limits or the ETJ as part of the Denton Development Code requirements.
In the past Energy Assets entered into a License Agreement for the development and
construction of gas pipeline activities in Denton, the locations of which lie within the right of
way of Bonnie Brae Boulevard, north of Windsor Drive and within an existing drainage
easement at the northeast corner of West Windsor Drive and Bonnie Brae Boulevard. Energy
Assets has assigned and transferred their rights under that agreement to Legend, subject to the
consent of the assignment by the City of Denton.
Legend Gathering Company L.L.C. is a subsidiary of Legend Natural Gas II LP. They recently
closed on a $900 million Barnett Shale Acquisition, which currently puts them the fifth largest
producer in the Barnett Shale.
Legend has paid all fees related to the transfer of the ROW License, insofar as to the property
described in the Agreement, and has posted their performance bond, and provided the insurance
as required by the ROW License.
OPTIONS
1.Recommend that the City Council approve the proposed Ordinance.
2.Not recommend that the City Council approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
FISCAL INFORMATION
None
BID INFORMATION
None
EXHIBITS
1. Ordinance
2. Agreement
3. Site Map
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by,
Doreen Blackstone
Right of Way Agent
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
City Manager’s Office
CM:
George Campbell,City Manager
SUBJECT
Consider nominations/appointments to the City’s Boards and Commissions.
BACKGROUND
Below is the list of outstanding Boards and Commissions nominations and the Council Member
responsible for the nomination:
Health & Building Standards Commission
– Alan Nelson has moved outside of the city limits.
This is a nomination for Council Member Gregory. There are also two Alternate positions which
are nominations for any council member.
Public Art Committee
– Justin Rouhier has moved outside of the city limits. This is a
nomination for Mayor Burroughs.
Nominations could be made and voted on at this meeting should the Council desire. Approval
would be contingent on completion of the confirmation process.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider approval of a resolution nominating members to the Board of Directors of the
Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Denton Central Appraisal District (DCAD) has notified the City that the term for
members on the current DCAD Board of Directors expires December 31, 2011. Therefore,
DCAD is seeking nominations from taxing jurisdictions in the district. The attached
resolution is available for the City Council to make a nomination(s) for members to the
DCAD Board of Directors. The City Council can make up to five nominations for the Board
of Directors. Once nominations from all taxing jurisdictions are received by DCAD, a ballot
will be sent to the City. The City Council will then cast their vote to elect a member at the
November 15, 2011, City Council meeting.
The number of votes a taxing unit has is determined by their proportional share of the total
levy in the district from the prior tax year. There are a total of 5,000 votes throughout the
district. One thousand votes are the maximum number needed to elect a local
representative/nominee to the Board of Directors. In 2009, the City and the Denton
Independent School District (DISD) collectively voted and elected Rick Woolfolk and
Charles Stafford to the Board. This year, the City has 193 votes and DISD has 643 votes.
The current DCAD Board Members include Charles Stafford (Denton), Rick Woolfolk
(Denton), Lee Baker (Flower Mound), Michael Roe (Frisco), and John Mahalik (Carrollton).
DCAD advises that Mr. Baker and Mr. Roe do not want to be reappointed.
SCHEDULE
Applies only to every other year:
Prior to Oct. 1 - DCAD notifies taxing entities of the number of votes they are entitled
to cast for appropriating board members.
Prior to Oct. 15 - Nominations for DCAD Board of Directors are submitted to DCAD by
each jurisdiction (via resolution).
Agenda Information Sheet
October 4, 2011
Page 2
Prior to Oct. 30 - DCAD compiles comprehensive list of nominees and forwards list to
each taxing unit in ballot forms.
th
Prior to Dec. 15 - Taxing units choose by written resolution a candidate(s). Name(s) of
candidate(s) are submitted to DCAD along with the number of votes
for each candidate.
st
Prior to Dec. 31 - DCAD tabulates votes and forwards results to taxing units. The five
(5) candidates with the most votes become the Board of Directors as of
January 1.
Eligibility Guidelines:
The selection process is set forth in Section 6.03 of the Property Tax Code. This process is
It is an independent procedure
unique to the property tax system.
An appraisal district director must reside in the appraisal district for at least two (2) years
immediately preceding the date he or she takes office. Most residents are eligible to serve as
a director. An individual that is serving on the governing body of a city, county, or school
district is eligible to serve as an appraisal district
An employee of a taxing unit served by the appraisal district is not eligible to serve as a
director. However, if the employee is an elected official, he or she is eligible to serve.
Experience:
In considering individuals to serve as directors, taxing units should look for expertise in such
areas as accounting, finance, management, personnel administration, contracts, computers,
real estate or taxation. Historical involvement in local government activities also indicates
that someone would make an excellent Board member.
Frequency of meetings:
The applicable statutes require the board of directors to meet not less often than once each
calendar quarter. The DCAD Board meets more often than is required by law.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
Agenda Information Sheet
October 4, 2011
Page 3
EXHIBITS
DCAD Nomination Process Memo
Resolution
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Human Resources
ACM:
Fred Greene
SUBJECT
Consider approval of a resolution confirming the appointment of Warren Lee Howell, by the
City Manager, as Police Chief for the City of Denton Police Department, and declaring an
effective date.
BACKGROUND
Roy Minter resigned his position of Police Chief from the City of Denton Police Department on
March 15, 2011. Chapter 143 of the Texas Local Government Code governs municipal civil
service for firefighters and police officers. Section 143.013(a)(1)
Lee Howell as
Police Chief.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action or review on this agenda item.
FISCAL INFORMATION
The annual salary for the Police Chief will be $133,500.
Attachment: Resolution
Respectfully submitted:
______________________________
Carla Haggmark-Romine
Director of Human Resources
AGENDA INFORMATION SHEET
AGENDA DATE:
October 4, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas
a severability
clause; providing a repealer clause; authorizing the City Manager to forward said ordinance to
the Denton Central Appraisal District; and providing for an effective date. The Audit/Finance
Committee recommends approval (3-0).
FILE INFORMATION
Currently, the City of Denton provides an ad valorem tax exemption to goods that are stored in
the city for less than 175 days provided they will eventually be shipped out of the state. This
process is commonly referred to as a Freeport Exemption. This exemption currently removes
approximately $157.8 As shown in Exhibit 1, the
Freeport Exemption was equivalent to approximately $1.04 million a year in property tax
revenue for the City for FY 2010-11, and it is expected to be equivalent to approximately $1.09
million in property tax revenue for FY 2011-12.
In 2007, the Texas Legislature passed House Bill 621 (HB 621) which would have extended an
ad valorem tax exemption to goods-in-transit that were shipped to other locations within the
state. The legislation would have become effective January 1, 2008, but the City passed
Ordinance No. 2007-252 to continue taxing goods-in-
provisions of HB 621 in order to continue its taxing authority. At that time, it was estimated that
or approximately $300,000 a year in property tax revenue.
nd
In the First Special Session of the 82 Session of the Texas Legislature, Senate Bill 1 (SB 1)
included language amending the Property Tax Code (Chapter 11, Section 253) and again making
authority on goods-in-transit. The legislation also contains language that expands the
applicability of the exemption and therefore the impact to the City. According to the Denton
Central Appraisal District, the exemption could remove approximately $177.8 million in taxable
value from the City. This is equivalent to approximately $1.2 million a year in property tax
revenue.
Agenda Information Sheet
October 4, 2011
Page 2
RECOMMENDATION
Due to the significant financial impact of the SB 1 legislation, staff recommends that the City
-In-Transit exemption.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
to move forward with an ordinance to the City Council for the taxation of tangible personal
property in transit. (3-0)
On October 16, 2007, the City held a public hearing to receive comments from the public.
On November 6, 2007, the City Council adopted Ordinance No. 2007-252 providing for the ad
move forward with an ordinance to the City Council for the taxation of tangible personal
property in transit. (3-0)
FISCAL INFORMATION
taxable values by approximately $177.8 million. This is equivalent to approximately $1.2 million
a year in property tax revenue for the City.
EXHIBITS
1.Comparison of Freeport Exemption Levels for 2010 and 2011
2.Ordinance No. 2007-252
3.Letter from Joe Rogers, Chief Appraiser with the Denton Central Appraisal District
4.Ordinance
Respectfully Submitted By:
Bryan Langley
Chief Financial Officer
CITY OF DENTON
Freeport Exemptions by Taxpayer
2010 & 2011
2010 2010
EXEMPTED PROPERTY TAX
TAXPAYERVALUEREVENUE LOSS
Anderson Merchandisers LP$36,320,679$250,522
Paccar Inc$25,317,456$174,627
Victor Equipment$18,993,550$131,008
United Copper Industries$18,693,611$128,939
Josten's Inc$9,678,285$66,756
Tetra Pak Inc$8,040,825$55,462
Russell Newman Inc$7,646,428$52,741
Nelson, James H (Mayday Mfg)$4,487,006$30,949
Sally Beauty Supply Inc$3,283,119$22,645
Fastenal Co$3,184,648$21,966
Precision Pattern Inc$2,880,000$19,865
EDSCO Fasteners Inc$2,391,425$16,495
C H Guenther$2,100,064$14,485
Avionics Intl Supply Inc$1,344,880$9,276
Cambridge-Lee Ind Inc$1,340,232$9,244
Peerless Mfg$1,174,673$8,102
Justin Industries$1,106,812$7,634
Georgia Pacific Corrugated III LLC$740,867$5,110
Milestek Corporation$701,598$4,839
A & I Products$663,930$4,579
Flowers Baking Co of Denton LLC$294,227$2,029
Let's Do Tea LLC$115,709$798
Baker Distributing Co LLC$932$6
Total$150,500,956$1,038,080
2011 2011
EXEMPTED PROPERTY TAX
TAXPAYERVALUEREVENUE LOSS
United Copper Industries *$34,778,119$239,882
Anderson Merchandisers LP$27,852,766$192,114
Paccar Inc$26,893,538$185,498
Victor Equipment$18,910,669$130,436
Josten's Inc$11,818,165$81,516
Russell Newman Inc$8,855,479$61,081
Tetra Pak Inc$7,913,853$54,586
Fastenal Co$6,970,798$48,081
Nelson, James H (Mayday Mfg)$4,079,402$28,138
C H Guenther$1,441,153$9,940
EDSCO Fasteners Inc$1,280,981$8,836
Justin Industries$1,221,413$8,425
Avionics Intl Supply Inc$1,218,293$8,403
Cambridge-Lee Ind Inc$901,269$6,217
Milestek Corporation$820,738$5,661
A & I Products$773,463$5,335
Georgia Pacific Corrugated III LLC$698,166$4,816
Peerless Mfg$662,686$4,571
Sally Beauty Supply Inc$568,966$3,924
Flowers Baking Co of Denton LLC$164,143$1,132
Total **$157,824,060$1,088,591
* Appraised value is under protest by the taxpayer.
** This figure is slightly higher than the amount shown on the
which represents an estimated amount of $156.6 million.
AGENDA INFORMATION SHEET
AGENDA DATE: October 4, 2011
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECTCorbin Road Business Park I (Z11-0014)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from Rural Residential 5 (RD-5) zoning district classification and
use designation to Industrial Center General (IC-G) zoning district classification and use
designation, on 29 acres of land legally described as Lot 1, Block B, Corbin Road Business Park
Phase I, Lots 1-5, Block C, Corbin Road Business Park Phase II; Lots 1-6, Block A and Lots 6
and 7, Block C, Corbin Road Business Park, Phase III; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.
APPROVAL
(Z11-0014) The Planning and Zoning Commission recommends (5-0).
BACKGROUND
The applicant, Sherry Gray (Corbin Realty I, L.P.), is requesting the rezoning of the subject
property in order to bring the current uses of the site into conformance with the Denton
Development Code. The site is comprised of eleven (11) platted lots which were a part of DH-3,
an area which was recently annexed into the City. The uses currently existing on-site include
warehouse, assembly, fabrication and distribution facilities and vehicle storage and vehicle repair
facilities. The proposed IC-G zoning district permits the exiting uses and is compatible with the
use of the land and the surrounding area. It is staff opinion that this requested zoning district is
appropriate at this location.
The site was annexed into the City in May of 2010 as a part of the DH-3 area. The property was
platted as Lot 1, Block B, Corbin Road Business Park Phase I; Lots 1-5, Block C, Corbin Road
Business Park Phase II; Lots 1-6, Block A and Lots 6 and 7, Block C, Corbin Road Business
Park, Phase III, and developed prior to annexation into the city.
Seven (7) public notices were sent to property owners within two hundred (200) feet of the
subject site (Exhibit 6). Seven (7) courtesy notices were also sent to residents within five
hundred (500) feet of this proposal. As of this writing, staff has received one (1) property owner
response is in favor of the proposed rezoning request and one (1) property owner response is
opposed to the request. The opposition represents 18.829% of the land area located within 200
feet of the subject site.
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Postpone consideration.
5.Table the item
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends (5-0).
APPROVAL
The Development Review Committee recommends of this rezoning request.
PRIOR ACTION/REVIEW
1.Final plat of Lots 1-5, Block C, Corbin Road Business Park Phase II approved by P&Z -
April 13, 2002,
2.Final plat of Lots 1 and 2, Block B, Corbin Road Business Park Phase I approved by
P&Z - May 13, 2005.
3.Final plat of Lots 1-6, Block A and Lots 6 and 7, Block C, Corbin Road Business Park
Phase III was approved by P&Z - July 23, 2008.
4.Site was annexed into the City - May, 2010.
EXHIBITS
1.Staff Report
2.Site Location/Aerial Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Letter from the Applicant
7.Notification Map
8.Site Photos
9.Planning and Zoning Commission Minutes
10.Ordinance
Prepared by:
Cindy Jackson, AICP
Senior Planner
Respectfully submitted:
Mark A. Cunningham, AICP, CPM
Planning and Development Director
EXHIBIT 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: September 21, 2011 TYPE: Rezoning
CC Date: October 4, 2011 PROJECT #: Z11-0014
Project Number:
Z11-0014
Request:
29± acres of land from a Rural Residential 5 (RD-5) zoning district
to an Industrial Center General (IC-G) zoning district.
Applicant:
Sherry Gray
Corbin Realty I, L.P.
2281 N. Masch Branch Road, Suite 400
Denton, TX 76207
Property Owners:
Vickie Marriott
Corbin Realty I, L.P.
2281 N. Masch Branch Road, Suite 400
Denton, TX 76207
Location:
The subject property is located on the east side of Corbin Road,
approximately 2,084 feet south of Airport Road.
Size:
29± acres
Zoning Designation:
Rural Residential 5 (RD-5)
Future Land Use:
Industrial Centers
Case Planner:
Cindy Jackson, AICP
DRC Recommendation:
The Development Review Committee (DRC) recommends
APPROVAL
of Z11-0014.
Summary of Analysis:
The applicant is requesting to rezone the property from the RD-5 zoning district to the IC-G
zoning district in order to bring the uses on the site into compliance with the site zoning
designation. When the site was annexed into the city, it was given a zoning designation of RD-5.
be zoned until the property owner submits an application to zone the site. Until such an
application is submitted, the only new uses which are available to the property owner are those
uses permitted in the RD-5 district.
The underlying future land use designation of Industrial Center is consistent with the requested
zoning district designation.
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The property to the north, along Corbin Road is the location of the Target Food Distribution
Center which is currently under development. The property to the west of the site is
undeveloped. The property to the east which is closest to the subject site is undeveloped.
Property further east is developed as Granite Point Industrial Park and Tri-Dal cement plant.
Findings of Fact
1.The site is designated as IndustrialCenter on the Future Land Use Map. The Denton
Plan Industrial centers are intended to provide locations for a variety of
work processes and work places such as manufacturing, warehousing and distributing,
indoor and outdoor storage, and a wide range of commercial and industrial operations
2.The Industrial Centers zoning districts are meant for locations for a variety of work
processes and employment such as manufacturing, warehousing and distributing, indoor
and outdoor storage, and a wide range of commercial and industrial operations.
3.The subject site is not located within any overlay or historic districts.
4.Per the COD Mobility plan, Shelby Lane is proposed to extend to the east and connect to
Metro Street.
5.Corbin Road is classified as an unimproved perimeter street and is required to be
improved upon development.
6.The site is developed with warehouse, assembly and distribution facilities, fabrication,
assembly and distribution facilities, a fabrication only facility, and vehicle storage and
vehicle repair facilities.
7.The site to the south was also recently annexed and given the placeholder zoning
designation of Rural Residential 5 (RD-5). A rezoning application has been submitted
for this site as well (Z11-0015) which is also on the September 7 Planning and Zoning
Commission agenda. Both the Industrial Center Employment (IC-E) and the Industrial
Center General districts are located on the east side of the site. The Industrial Center
General district is also located on the north and west sides of the subject site.
8.The subject property encroaches into undeveloped floodplain and stream buffer
environmentally sensitive areas (ESAs). Any development requiring platting or
replatting of the property would be subject to the ESAs regulations. Uses on property
within undeveloped floodplain and stream buffers are subject to Sections 35.17.7 and
35.17.8 of the Denton Development Code (DDC).
9.Water is available from the existing 12-inch water mains along Corbin Road, Shelby
Lane, and Dakota Lane. Sewer is available from the existing 8-inch gravity main along
Shelby Lane and Corbin Road, and the existing 15-
east property line.
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10.Other information stated by DRC.
A.Anticipated water demand: 97.8 GPM (peak)
B.Anticipated wastewater demand. 83.2 GPM (peak)
Development Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
IS CONSISTENT
Review Committee finds that the request with the surrounding land uses and
IS CONSISTENTIS CONSISTENT
general character of the area, with the Denton Plan, and
with the Denton Development Code.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
North:
Northwest: Northeast:
IC-G
IC-G IC-G
Distribution center under
Undeveloped undeveloped
development and undeveloped land
Subject Property:
RD-5
warehouse, assembly and East:
West:
distribution facilities, fabrication, IC-G and IC-E
IC-G
assembly and distribution facilities, Tri-Dal, Granite Pointe Industrial
Undeveloped
a fabrication only facility, and Park and undeveloped
vehicle storage and vehicle repair
facilities
South: Southeast:
Southwest:
IC-G IC-G
IC-G
Warehouse/distribution center and Granite Pointe Industrial Park and
Undeveloped
undeveloped land undeveloped
Source: City of Denton Geographical Information System and site visit by City staff
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Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies
Industrial CentersThe
Industrial Centers land use designation are meant for
processes and employment such as manufacturing, warehousing and distributing, indoor
. The
uses on this site, warehouse, assembly and distribution facilities, fabrication, assembly
and distribution facilities, a fabrication only facility, and vehicle storage and vehicle
repair facilities are consistent with the future land use designation and therefore the
Denton Plan.
B.Land Use Analysis:
The applicant is proposing to rezone the site to the IC-G district to bring the current land
uses on the site into compliance with the zoning designation. Given the warehouse,
assembly and distribution facilities, fabrication, assembly and distribution facilities, a
fabrication only facility, and vehicle storage and vehicle repair facilities which are
present on the site, the proposed IC-G district is an appropriate zoning designation for
this site.
The following tables illustrate the uses permitted in the requested IC-G district:
Residential Land Use Categories IC-G
Agriculture P
Livestock L(7)
Single Family Dwellings N
Accessory Dwelling Units N
Attached Single Family Dwellings N
Dwellings Above Businesses N
Live/Work Units N
Duplexes N
Community Homes For the Disabled N
Group Homes N
Multi-Family Dwellings N
Manufactured Housing Developments N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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Commercial Land Use Categories IC-G
Home Occupation N
Sale of Products Grown on Site N
Hotels N
Motels N
Bed and Breakfast N
Retail Sales and Service L(18)
Movie Theaters N
Restaurant or Private Club L(22)
Drive-through Facility L(14)
Professional Services and Offices P
Quick Vehicle Servicing P
Vehicle Repair P
Auto and RV Sales P
Laundry Facilities P
Equestrian Facilities N
Outdoor Recreation N
Indoor Recreation N
Major Event Entertainment N
Commercial Parking Lots P
Administrative or Research Facilities P
Broadcasting of Production Studio P
SUP /
Sexually Oriented Business
L(32)
Temporary Uses L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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Industrial Land Use Categories IC-G
Printing / Publishing L(25)
Bakeries P
Manufacture of Non-odoriferous Foods P
Feed Lots N
Food Processing P
Light Manufacturing P
Heavy Manufacturing SUP
Wholesale Sales P
Wholesale Nurseries P
Distribution Center P
Wholesale Storage and Distribution P
Self-service Storage P
Construction Materials Sales P
Junk Yards and Auto Wrecking SUP
Wrecker Services and Impound Lots L(29)
Kennels N
Veterinary Clinics N
Sanitary Landfills, Commercial Incinerators,
SUP
Transfer Stations
Gas Wells L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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Institutional Land Use Categories IC-G
Basic Utilities P
Community Service P
Parks and Open Space P
Churches P
Semi-public, Halls, Clubs, and Lodges P
Business / Trade School P
Adult or Child Day Care N
Kindergarten, Elementary School N
Middle School N
High School N
Colleges N
Hospital N
Elderly Housing N
Medical Centers N
Cemeteries N
Mortuaries N
WECS (Free-standing Monopole Support
SUP
Structure)
WECS (Building-mounted) SUP
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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General Regulations IC-G
Minimum lot area (square feet) 5,000
Minimum lot width 50 feet
Minimum lot depth 50 feet
Minimum front yard setback 10 feet
Minimum side yard 6 feet
Minimum side yard adjacent to a street 10 feet
30 feet,
plus 1
foot for
each foot
Minimum yard when abutting a residential use
of
or district
building
height
above 30
feet
Maximum FAR 0.40
Maximum lot coverage 90%
Minimum landscaped area 10%
Maximum building height 140 feet
Maximum WECS height 150 feet
Limitations
L(7)
= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals may be added at a rate of one per each acre over three.
L(14)
= Uses are limited to no more than 10,000 square feet of gross floor area
L(18)
= Uses are permitted only in association with Gas Stations and are limited to no
more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are
limited to 10,000 square feet of gross floor area.
L(22)
= Uses are permitted only in association with Gas Stations and are limited to no
more than 25 seats except adjacent to I-35 then the number of seats is limited to 50
L(25)
= If proposed use is within 200 feet of a residential zone, approval is subject to a
Specific Use Permit
L(27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production
L(29)
= Wrecker Services and Impound Lots must comply with the following provisions:
1.The subject lot shall comply with the provisions of the Texas Administrative
Code, regarding Vehicle Storage Facilities.
2.Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-
way and residential uses and zoning districts.
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3.Parking and vehicle storage areas associated with wrecker services and impound
lots activities are not allowed within undeveloped floodplain, water-related
habitat, and riparian buffer environmentally sensitive areas (ESA).
4.Best management practices addressing storm water quality must be implemented
and maintained on site. Management practices must attain the pollutant removal
capabilities recommended for parking areas in the Integrated Storm Water
Management (iSWM) manual, as published by the North Central Texas Council
of Governments, or similar practices consistent with low impact development
(LID) approaches.
L (32)
= Not allowed to locate adjacent to an arterial and within 1,000 feet as measured
from the nearest property line of a sexually oriented business to the nearest property line
of any other sexually oriented business, adult or child daycare, any elderly housing
facility, hospital, any residential use, public open space.
L(38)
= Must meet the requirements of Section 35.12.9.
B.Current Zoning District Allocation
Subject Property Future land Use/Zoning allocation
Change Based Upon
29 ± acres Current Allocation in the City Developed Allocation
Request
Industrial Center
3,515.57 acres 16.2 acres + 29 acres
General
Source: City of Denton
Fire
This submittal has been reviewed for compliance with the 2006 International Fire Code and City
Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible
for compliance with all applicable portions of the Fire Code and City Ordinances even in the
absence of review comments.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
29 ± acres Proposed Demand
or No)
Permitted Density n/a n/a
Potable Water
Consumption 97.8 (peak) Yes
(GPM)
Wastewater
83.2 (peak) Yes
Generation (GPM)
B. Available Capacity:
Water is available from the existing 12-inch water mains along Corbin Road, Shelby Lane, and
Dakota Lane.
Sewer is available from the existing 8-inch gravity main along Shelby Lane and Corbin Road,
and the existing 15-
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C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject site.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
29 ± acres Proposed Demand
or No)
Permitted Density 315,300 SF Y
Average Annual
1,122Y
Daily Trips (AADT)
PM Peak Hour Trips 142 Y
B. Available Capacity:
The adjacent roadway network can accommodate the traffic generated by this development.
C. Roadway Conditions:
Corbin Road is classified as an unimproved perimeter street and is required to be improved upon
development.
D. CIP Planned Improvements:
Per the COD Mobility plan, Shelby Lane is proposed to extend to the east and connect to Metro
Street.
Environmental Conditions:
The subject property encroaches into undeveloped floodplain and stream buffer environmentally
sensitive areas (ESAs). Any development requiring platting or replatting of the property would
be subject to the ESAs regulations. Uses on property within undeveloped floodplain and stream
buffers are subject to Sections 35.17.7 and 35.17.8 of the Denton Development Code (DDC).
Electric:
No Comment
Park Facilities:
No Comment
Comments from other Departments:
None
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EXHIBIT 2
Site Location/Aerial Map
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EXHIBIT 3
Zoning Map
DRC Findings/Recommendation Page 12 of 25
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EXHIBIT 4
Proposed Zoning Map
DRC Findings/Recommendation Page 13 of 25
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EXHIBIT 5
Future Land Use Map
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EXHIBIT 6
Letter
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EXHIBIT 7
Notification Map and Property Owner Responses
Public Notification Date: 8/25/11
7
7
In Opposition: 1
In Favor: 1
Neutral: 0
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EXHIBIT 8
Site Photos
Property located to north of site, toward
North side of subject site (easterly)
Corbin Road.
Property located on west of site along Corbin
Property located to east of site.
Road.
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EXHIBIT 9
PLANNING AND ZONING COMMISSION MINUTES
MINUTES
PLANNING AND ZONING COMMISSION
September 21, 2011
After determining that a quorum was present, the Planning and Zoning Commission convened a
Wednesday, September 21, 2011 at 6:20 p.m.
Work Session on in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items
were considered:
PRESENT: Chairman Jay Thomas: Commissioners: Patrice Lyke, Frank Conner,
Brian Bentley and Thom Reece.
ABSENT: Jean Schaake and Devin Taylor.
STAFF: Mark Cunningham, Aaron Leal, Chuck Russell, Jennifer Coles, Katia Boykin and
Cindy Jackson.
WORK SESSION
Chairman Thomas opened the Work Session at 6:20 p.m.
1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and
discussion of issues not briefed in the written backup materials.
There were no requests for clarification on any agenda items.
Chairman Thomas closed the Work Session at 6:21 p.m.
REGULAR MEETING
After completing the Work Session, the Planning and Zoning Commission will convene a
Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which
will be held on Wednesday, September 21, 2011 and will begin at 6:30 p.m. in the City Council
Chambers at City Hall, 215 E. McKinney at which time 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."
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2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION
MINUTES FOR:
A. September 7, 2011
Bentley moved approval of the minutes with a second by Reece. On roll call vote: Commissioner
Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Frank Conner "aye",
Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "aye". Motion approved (5-
0).
3. PUBLIC HEARINGS:
Thomas stated that both public hearing items are for the same property and will be presented
together and voted upon separately.
A. Hold a public hearing and consider making a recommendation to City Council regarding the
rezoning of approximately 29 acres of land from a Rural Residential 5 (RD-5) zoning
district to an Industrial Center General (IC-G) zoning district. The subject property is
located on the east side of Corbin Road, approximately 2,084 feet south of Airport Road.
(Z11-0014, Corbin Road Business Park I, Cindy Jackson)
The requests are to consider re-zoning 29 acres and 22.03 acres of land from a Rural Residential
5 (RD-5) zoning district to an Industrial Center General (IC-G)zoning district. The subject
properties are located on the east side of Corbin Road. The properties were part of the Donut
Hole 3 (DH-3) annexation processes and were given a placeholder zoning designation of RD-5.
Jackson provided a location map, zoning map and future land use map. The proposed zoning is
compliant with the future land use for this area of Industrial Centers. The site was already
developed when it was annexed into the City in May 2010 and currently has the following uses:
Warehouse, manufacturing, assembly, fabrication and distribution facilities; Vehicle storage and
vehicle repair facilities; A gas well; and A single family residence.
All uses with the exception of the single family residence currently on the property are in
compliance with the proposed zoning district. Upon approval of the zoning change request the
single family residence will become a non-conforming use. The current resident of the single
family residence is a family member of the property owner and will be relocating from the
residence in the future. The residential structure will then be converted to office spaces for the
site.
For project Z11-0014 there were 5 certified notices sent to property owners within 200 feet of the
subject site and 5 courtesy notices mailed to property owners within 500 feet of the subject site.
One notice was received in favor and one in opposition. The opposition represents less than 20%
of the surrounding property owners and does not require a supermajority vote of approval by
Council.
For project Z11-0015 there were 5 certified notices sent to property owners within 200 feet of the
subject site and 5 courtesy notices mailed to property owners within 500 feet of the subject site.
One notice was received in opposition. The opposition represents less than 20% of the
surrounding property owners and does not require a supermajority vote of approval by Council.
presentative was present to speak.
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Patrice Adams, 2281 Mash Branch Road
Adams restated the purpose of the annexation and the intent of the resident of the single family
residence to move out and develop the residence as an office space.
Lyke moved approval of this request with a second by Reece. On roll call vote: Commissioner
Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Frank Conner "aye",
Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "aye". Motion approved (5-
0).
B. Hold a public hearing and consider making a recommendation to City Council regarding the
rezoning of approximately 22.03 acres of land from a Rural Residential 5 (RD-5) zoning
district to an Industrial Center General (IC-G) zoning district. The subject property is
located on the east side of Corbin Road, approximately 618 feet south of Shelby Lane.
(Z11-0015, Corbin Road Business Park II, Cindy Jackson)
Reece moved approval of this request with a second by Lyke. On roll call vote: Commissioner
Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Frank Conner "aye",
Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "aye". Motion approved (5-
0).
4. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act,
respond to inquiries from the Planning and Zoning Commission or the public with specific
factual information or recitation of policy, or accept a proposal to place the matter on the
agenda for an upcoming meeting.
No future agenda items were discussed.
Chairman Thomas adjourned the meeting at 6:40 p.m.
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EXHIBIT 10
ORDINANCE
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AGENDA INFORMATION SHEET
AGENDA DATE: October 4, 2011
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECTCorbin Road Business Park II (Z11-0015)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from Rural Residential 5 (RD-5) zoning district classification and
use designation to Industrial Center General (IC-G) zoning district classification and use
designation, on 22.03 acres of land legally described as Lots 3-7, Block A, Corbin Road
Industrial Park Phase I; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. (Z11-0015) The
APPROVAL
Planning and Zoning Commission recommends of this rezoning request (5-0).
BACKGROUND
The applicant, Sherry Gray (Corbin Realty I, L.P.), is requesting the rezoning of the subject
property in order to bring the current uses of the site into conformance with the Denton
Development Code. The site is comprised of five platted lots which were a part of DH-3, an area
which was recently annexed into the City. The uses currently existing on site include a
manufacturing, assembly and distribution facilities, warehouses, a gas well and a single family
residence. Two of the lots are undeveloped at this time. With one exception, the proposed IC-G
zoning district permits the exiting uses and is compatible with the use of the land and the
surrounding area. The single family residence which is located on site was constructed in 1974.
It will become a non-conforming use with this proposed zone change. It is staff opinion that
this requested zoning district is appropriate at this location.
The site was annexed into the City in May of 2010 as a part of the DH-3 area. The property is
part of the Corbin Road Industrial Park Addition and three of the lots were developed prior to
annexation into the city.
Five (5) public notices were sent to property owners within 200 feet of the subject site (Exhibit
6). Five (5) courtesy notices were also sent to residents within 500 feet of this proposal. As of
this writing, staff has received one (1) property owner response in opposition to the proposed
rezoning request representing 10.45% of the area within 200 feet of the subject site.
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Postpone consideration.
5.Table the item
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends of this rezoning request (5-0).
APPROVAL
The Development Review Committee recommends of this rezoning request.
PRIOR ACTION/REVIEW
Final plat of Lots 1-7, Block A, Corbin Road Industrial Park Phase I approved by P&Z -
January 23, 2008
Site was annexed into the City - May, 2010.
EXHIBITS
1.Staff Report
2.Site Location/Aerial Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Letter from the Applicant
7.Notification Map
8.Site Photos
9.Planning and Zoning Commission Minutes
10.Ordinance
Prepared by:
Cindy Jackson, AICP
Senior Planner
Respectfully submitted:
Mark A. Cunningham, AICP, CPM
Planning and Development Director
EXHIBIT 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: September 21, 2011 TYPE: Rezoning
CC Date: October 4, 2011 PROJECT #: Z11-0015
Project Number:
Z11-0015
Request:
22.03 ± acres of land from a Rural Residential 5 (RD-5) zoning
district to an Industrial Center General (IC-G) zoning district.
Applicant:
Sherry Gray
Corbin Realty I, L.P.
2281 N. Masch Branch Road, Suite 400
Denton, TX 76207
Property Owners:
Vickie Marriott
Corbin Realty I, L.P.
2281 N. Masch Branch Road, Suite 400
Denton, TX 76207
Location:
The subject property is located on the east side of Corbin Road,
approximately 618 feet south of Shelby Lane.
Size:
22.03 ± acres
Zoning Designation:
Rural Residential 5 (RD-5)
Future Land Use:
Industrial Centers
Case Planner:
Cindy Jackson, AICP
DRC Recommendation:
The Development Review Committee (DRC) recommends
APPROVAL
of Z11-0015.
Summary of Analysis:
The applicant is requesting to rezone the property from the RD-5 zoning district to the IC-G
zoning district in order to bring the uses on the site into compliance with the site zoning
designation. When the site was annexed into the city, it was given a zoning designation of RD-5.
be zoned until the property owner submits an application to zone the site. Until such an
application is submitted, the only new uses which are available to the property owner are those
uses permitted in the RD-5 district.
The underlying future land use designation of Industrial Center is consistent with the requested
zoning district designation.
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The property to the north is developed with a warehouse, assembly and office facility; and a
warehouse, assembly and distribution facility. The property to the west and south of the site is
undeveloped. The lots located to the east of the site are also undeveloped.
Findings of Fact
1.The site is designated as IndustrialCenter on the Future Land Use Map. The Denton
Plan Industrial centers are intended to provide locations for a variety of
work processes and work places such as manufacturing, warehousing and distributing,
indoor and outdoor storage, and a wide range of commercial and industrial operations
2.The Industrial Centers zoning districts are meant for locations for a variety of work
processes and employment such as manufacturing, warehousing and distributing, indoor
and outdoor storage, and a wide range of commercial and industrial operations.
3.The subject site is not located within any overlay or historic districts.
4.Per the COD Mobility plan, Shelby Lane is proposed to extend to the east and connect to
Metro Street.
5.Corbin Road is classified as an unimproved perimeter street and is required to be
improved upon development.
6.The site is developed with a manufacturing, assembly and distribution facility; a
warehouse and assembly facility; a warehouse, assembly and distribution facility, a gas
well; and a single family residence.
7.The site to the north was also recently annexed and given the placeholder zoning
designation of Rural Residential 5 (RD-5). A rezoning application has been submitted
for this site as well (Z11-0014) which is also on the September 7 Planning and Zoning
Commission agenda. Both the Industrial Center Employment (IC-E) and the Industrial
Center General districts are located on the east side of the site. The Industrial Center
General district is also located on the north and west sides of the subject site.
8.The subject property encroaches into undeveloped floodplain and stream buffer
environmentally sensitive areas (ESAs). Any development requiring platting or
replatting of the property would be subject to the ESAs regulations. Uses on property
within undeveloped floodplain and stream buffers are subject to Sections 35.17.7 and
35.17.8 of the Denton Development Code (DDC).
Water is available from the existing 12-inch water main along Dakota Lane. Sewer is
9.
available from the existing 8-inch gravity main that goes through western portion of
-
line, and the existing 15-i
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10.Other information stated by DRC.
A.Anticipated water demand: 74.3 GPM (peak)
B.Anticipated wastewater demand. 62.3 GPM (peak)
Development Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
IS CONSISTENT
Review Committee finds that the request with the surrounding land uses and
IS CONSISTENTIS CONSISTENT
general character of the area, with the Denton Plan, and
with the Denton Development Code.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
North:
Northwest: Northeast:
IC-G
IC-G IC-G
A distribution center under
Undeveloped undeveloped
development and undeveloped land
Subject Property:
RD-5
warehouse, assembly and
West: East:
distribution facilities, fabrication,
RD-5 IC-G
assembly and distribution facilities,
Undeveloped undeveloped
a fabrication only facility, and
vehicle storage and vehicle repair
facilities
Southwest:South: Southeast:
RD-5 ETJ IC-G
Undeveloped undeveloped land Undeveloped
Source: City of Denton Geographical Information System and site visit by City staff
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Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies
Industrial CentersThe
Industrial Centers land use designation are meant for
processes and employment such as manufacturing, warehousing and distributing, indoor and
. The uses on
this site, warehouse, assembly and distribution facilities, fabrication, assembly and
distribution facilities, a fabrication only facility, and vehicle storage and vehicle repair
facilities are consistent with the future land use designation and therefore the Denton Plan.
B.Land Use Analysis:
The applicant is proposing to rezone the site to the IC-G district to bring the current land uses
on the site into compliance with the zoning designation. There is a single family residence
located on the site which will become a nonconforming use with the proposed rezoning,
however, given the manufacturing, assembly and distribution facility; a warehouse and
assembly facility; a warehouse, assembly and distribution facility, and gas well which
comprise a majority of the site, the proposed IC-G district is an appropriate zoning
designation for this site.
The following tables illustrate the uses permitted in the requested IC-G district:
Residential Land Use Categories IC-G
Agriculture P
Livestock L(7)
Single Family Dwellings N
Accessory Dwelling Units N
Attached Single Family Dwellings N
Dwellings Above Businesses N
Live/Work Units N
Duplexes N
Community Homes For the Disabled N
Group Homes N
Multi-Family Dwellings N
Manufactured Housing Developments N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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Commercial Land Use Categories IC-G
Home Occupation N
Sale of Products Grown on Site N
Hotels N
Motels N
Bed and Breakfast N
Retail Sales and Service L(18)
Movie Theaters N
Restaurant or Private Club L(22)
Drive-through Facility L(14)
Professional Services and Offices P
Quick Vehicle Servicing P
Vehicle Repair P
Auto and RV Sales P
Laundry Facilities P
Equestrian Facilities N
Outdoor Recreation N
Indoor Recreation N
Major Event Entertainment N
Commercial Parking Lots P
Administrative or Research Facilities P
Broadcasting of Production Studio P
SUP /
Sexually Oriented Business
L(32)
Temporary Uses L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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Industrial Land Use Categories IC-G
Printing / Publishing L(25)
Bakeries P
Manufacture of Non-odoriferous Foods P
Feed Lots N
Food Processing P
Light Manufacturing P
Heavy Manufacturing SUP
Wholesale Sales P
Wholesale Nurseries P
Distribution Center P
Wholesale Storage and Distribution P
Self-service Storage P
Construction Materials Sales P
Junk Yards and Auto Wrecking SUP
Wrecker Services and Impound Lots L(29)
Kennels N
Veterinary Clinics N
Sanitary Landfills, Commercial Incinerators,
SUP
Transfer Stations
Gas Wells L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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Institutional Land Use Categories IC-G
Basic Utilities P
Community Service P
Parks and Open Space P
Churches P
Semi-public, Halls, Clubs, and Lodges P
Business / Trade School P
Adult or Child Day Care N
Kindergarten, Elementary School N
Middle School N
High School N
Colleges N
Hospital N
Elderly Housing N
Medical Centers N
Cemeteries N
Mortuaries N
WECS (Free-standing Monopole Support
SUP
Structure)
WECS (Building-mounted) SUP
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
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General Regulations IC-G
Minimum lot area (square feet) 5,000
Minimum lot width 50 feet
Minimum lot depth 50 feet
Minimum front yard setback 10 feet
Minimum side yard 6 feet
Minimum side yard adjacent to a street 10 feet
30 feet,
plus 1
foot for
each foot
Minimum yard when abutting a residential use
of
or district
building
height
above 30
feet
Maximum FAR 0.40
Maximum lot coverage 90%
Minimum landscaped area 10%
Maximum building height 140 feet
Maximum WECS height 150 feet
Limitations
L(7)
= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals may be added at a rate of one per each acre over three.
L(14)
= Uses are limited to no more than 10,000 square feet of gross floor area
L(18)
= Uses are permitted only in association with Gas Stations and are limited to no
more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are
limited to 10,000 square feet of gross floor area.
L(22)
= Uses are permitted only in association with Gas Stations and are limited to no
more than 25 seats except adjacent to I-35 then the number of seats is limited to 50
L(25)
= If proposed use is within 200 feet of a residential zone, approval is subject to a
Specific Use Permit
L(27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production
L(29)
= Wrecker Services and Impound Lots must comply with the following provisions:
1.The subject lot shall comply with the provisions of the Texas Administrative
Code, regarding Vehicle Storage Facilities.
2.Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-
way and residential uses and zoning districts.
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3.Parking and vehicle storage areas associated with wrecker services and impound
lots activities are not allowed within undeveloped floodplain, water-related
habitat, and riparian buffer environmentally sensitive areas (ESA).
4.Best management practices addressing storm water quality must be implemented
and maintained on site. Management practices must attain the pollutant removal
capabilities recommended for parking areas in the Integrated Storm Water
Management (iSWM) manual, as published by the North Central Texas Council
of Governments, or similar practices consistent with low impact development
(LID) approaches.
L (32)
= Not allowed to locate adjacent to an arterial and within 1,000 feet as measured
from the nearest property line of a sexually oriented business to the nearest property line
of any other sexually oriented business, adult or child daycare, any elderly housing
facility, hospital, any residential use, public open space.
L(38)
= Must meet the requirements of Section 35.12.9.
B.Current Zoning District Allocation
Subject Property Future land Use/Zoning allocation
Change Based Upon
22.03 ± acres Current Allocation in the City Developed Allocation
Request
Industrial Center
3,515.57 acres 16.2 acres + 22.03
General
Source: City of Denton
Fire
This submittal has been reviewed for compliance with the 2006 International Fire Code and City
Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible
for compliance with all applicable portions of the Fire Code and City Ordinances even in the
absence of review comments.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
22.03 ± acres Proposed Demand
or No)
Permitted Density n/a n/a
Potable Water
Consumption 74.3 (peak) Yes
(GPM)
Wastewater
63.2 (peak) Yes
Generation (GPM)
B. Available Capacity:
Water is available from the existing 12-inch water main along Dakota Lane.
Sewer is available from the existing 8-inch gravity main that goes through western portion of
-
the existing 15-
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C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject site.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
22.03 ± acres Proposed Demand
or No)
Permitted Density 220,350 SF Y
Average Annual
785Y
Daily Trips (AADT)
PM Peak Hour Trips 100 Y
B. Available Capacity:
The adjacent roadway network can accommodate the traffic generated by this development.
C. Roadway Conditions:
Corbin Road is classified as an unimproved perimeter street and is required to be improved upon
development.
D. CIP Planned Improvements:
Per the COD Mobility plan, Shelby Lane is proposed to extend to the east and connect to Metro
Street.
Environmental Conditions:
The subject property encroaches into undeveloped floodplain and stream buffer environmentally
sensitive areas (ESAs). Any development requiring platting or replatting of the property would
be subject to the ESAs regulations. Uses on property within undeveloped floodplain and stream
buffers are subject to Sections 35.17.7 and 35.17.8 of the Denton Development Code (DDC).
Electric:
No Comment
Park Facilities:
No Comment
Comments from other Departments:
None
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EXHIBIT 2
Site Location/Aerial Map
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EXHIBIT 3
Zoning Map
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EXHIBIT 4
Proposed Zoning Map
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EXHIBIT 5
Future Land Use Map
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EXHIBIT 6
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EXHIBIT 7
Notification Map and Property Owner Responses
Public Notification Date: 8/25/11
5
5
In Opposition: 1
In Favor: 0
Neutral: 0
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EXHIBIT 8
Site Photos
Property located to southwest of site. Property located to the east of subject site.
Property located to the west of site near
Property located to north of site.
Corbin Road.
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EXHIBIT 9
Planning and Zoning Commission Minutes
MINUTES
PLANNING AND ZONING COMMISSION
September 21, 2011
After determining that a quorum was present, the Planning and Zoning Commission convened a
Wednesday, September 21, 2011 at 6:20 p.m.
Work Session on in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items
were considered:
PRESENT: Chairman Jay Thomas: Commissioners: Patrice Lyke, Frank Conner,
Brian Bentley and Thom Reece.
ABSENT: Jean Schaake and Devin Taylor.
STAFF: Mark Cunningham, Aaron Leal, Chuck Russell, Jennifer Coles, Katia Boykin and
Cindy Jackson.
WORK SESSION
Chairman Thomas opened the Work Session at 6:20 p.m.
1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and
discussion of issues not briefed in the written backup materials.
There were no requests for clarification on any agenda items.
Chairman Thomas closed the Work Session at 6:21 p.m.
REGULAR MEETING
After completing the Work Session, the Planning and Zoning Commission will convene a
Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which
will be held on Wednesday, September 21, 2011 and will begin at 6:30 p.m. in the City Council
Chambers at City Hall, 215 E. McKinney at which time 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."
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2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION
MINUTES FOR:
A. September 7, 2011
Bentley moved approval of the minutes with a second by Reece. On roll call vote: Commissioner
Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Frank Conner "aye",
Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "aye". Motion approved (5-
0).
3. PUBLIC HEARINGS:
Thomas stated that both public hearing items are for the same property and will be presented
together and voted upon separately.
A. Hold a public hearing and consider making a recommendation to City Council regarding the
rezoning of approximately 29 acres of land from a Rural Residential 5 (RD-5) zoning
district to an Industrial Center General (IC-G) zoning district. The subject property is
located on the east side of Corbin Road, approximately 2,084 feet south of Airport Road.
(Z11-0014, Corbin Road Business Park I, Cindy Jackson)
The requests are to consider re-zoning 29 acres and 22.03 acres of land from a Rural Residential
5 (RD-5) zoning district to an Industrial Center General (IC-G)zoning district. The subject
properties are located on the east side of Corbin Road. The properties were part of the Donut
Hole 3 (DH-3) annexation processes and were given a placeholder zoning designation of RD-5.
Jackson provided a location map, zoning map and future land use map. The proposed zoning is
compliant with the future land use for this area of Industrial Centers. The site was already
developed when it was annexed into the City in May 2010 and currently has the following uses:
Warehouse, manufacturing, assembly, fabrication and distribution facilities; Vehicle storage and
vehicle repair facilities; A gas well; and A single family residence.
All uses with the exception of the single family residence currently on the property are in
compliance with the proposed zoning district. Upon approval of the zoning change request the
single family residence will become a non-conforming use. The current resident of the single
family residence is a family member of the property owner and will be relocating from the
residence in the future. The residential structure will then be converted to office spaces for the
site.
For project Z11-0014 there were 5 certified notices sent to property owners within 200 feet of the
subject site and 5 courtesy notices mailed to property owners within 500 feet of the subject site.
One notice was received in favor and one in opposition. The opposition represents less than 20%
of the surrounding property owners and does not require a supermajority vote of approval by
Council.
For project Z11-0015 there were 5 certified notices sent to property owners within 200 feet of the
subject site and 5 courtesy notices mailed to property owners within 500 feet of the subject site.
One notice was received in opposition. The opposition represents less than 20% of the
surrounding property owners and does not require a supermajority vote of approval by Council.
presentative was present to speak.
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Patrice Adams, 2281 Mash Branch Road
Adams restated the purpose of the annexation and the intent of the resident of the single family
residence to move out and develop the residence as an office space.
Lyke moved approval of this request with a second by Reece. On roll call vote: Commissioner
Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Frank Conner "aye",
Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "aye". Motion approved (5-
0).
B. Hold a public hearing and consider making a recommendation to City Council regarding the
rezoning of approximately 22.03 acres of land from a Rural Residential 5 (RD-5) zoning
district to an Industrial Center General (IC-G) zoning district. The subject property is
located on the east side of Corbin Road, approximately 618 feet south of Shelby Lane.
(Z11-0015, Corbin Road Business Park II, Cindy Jackson)
Reece moved approval of this request with a second by Lyke. On roll call vote: Commissioner
Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Frank Conner "aye",
Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "aye". Motion approved (5-
0).
4. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act,
respond to inquiries from the Planning and Zoning Commission or the public with specific
factual information or recitation of policy, or accept a proposal to place the matter on the
agenda for an upcoming meeting.
No future agenda items were discussed.
Chairman Thomas adjourned the meeting at 6:40 p.m.
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EXHIBIT 10
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