HomeMy WebLinkAboutFebruary 5, 2008 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
February 5, 2008
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, February 5, 2008 at 4:00 p.m.in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1.Requests for clarification of agenda items listed on the agenda for February 5, 2008.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1.Closed Meeting:
A.Consultation with Attorney – Under Texas Government Code Section 551.071.
1.Consider and discuss litigation styled Robert T. Clifton v. City of Denton,
Cause No. 4:06-cv-472, currently pending in the U.S. District Court,
Eastern District, Sherman Division.
2.Receive legal advice from the City's attorneys regarding the issue of
discounted electric rates for state universities; legal issues and remedies
thereon; and discuss and deliberate the City's legal posture regarding
same. A public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
3.Discuss and consider strategy, status, and possible settlement of litigation
with the City’s attorneys regarding Atmos Energy, GUD Docket No.
9762. A public discussion of these legal matters would conflict with the
duty of the City’s attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B.Consultation with Attorney – Under Texas Government Code Section 551.071
and Deliberations regarding Real Property – Under Texas Government Code
Section 551.072.
1.Deliberation regarding the purchase, value, and acquisition of real
property for future animal shelter and park/soccer field sites, including
legal advice from the City Attorney regarding legal issues related thereto.
C.Deliberation regarding personnel matters – Under Texas Government Code
Section 551.074.
City of Denton City Council Agenda
February 5, 2008
Page 2
1.Deliberate and discuss the evaluation, duties, discipline, procedures, and
contracts for the City Manager, City Attorney, Municipal Court Judge, and
City Auditor.
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 on Tuesday, February 5, 2008 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1.PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God,
one and indivisible."
2.PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – O). 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 – O 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.
City of Denton City Council Agenda
February 5, 2008
Page 3
A.Consider approval of the Parks, Recreation and Beautification Board
recommendation to select David Iles as the artist for the most recent public art
sculpture for the City of Denton. Project budget is not to exceed $24,000. The
Parks, Recreation and Beautification Board recommends approval (6-0).
B.Consider approval of a resolution adopting the City of Denton’s FY 2009
Congressional Priority Project requests.
C.Consider approval of a resolution of the City Council of the City of Denton,
Texas, renewing a policy for Tax Abatement for the City of Denton to establish
guidelines and criteria governing Tax Abatement Agreements; and declaring an
effective date. The Economic Development Partnership Board recommends
approval (7-0).
D.Consider adoption of an ordinance ordering an election to be held in the City of
Denton, Texas, on May 10, 2008, and, if a runoff election is required, on June 14,
2008, for the purpose of electing Councilmembers to Places 5 and 6 and electing a
Mayor to Place 7 of the City Council of the City of Denton, Texas; designating
voting places; appointing election officials; providing for early voting; providing
for bilingual notice of the election; ordering that an electronic voting system be
used; providing an open meetings clause; and providing an effective date
E.Consider approval of the minutes of:
December 3, 2007
December 4, 2007
December 11, 2007
January 7, 2008
January 8, 2008
F.Consider adoption of an ordinance approving an easement purchase agreement
between the City of Denton and Chain 7 Ranch L.P. for sanitary sewer and lift
station purposes in the Levi Myers Survey, Abstract No. 853, Eli Myers Survey,
Abstract No. 871 and the V.E. Gailon Survey, Abstract No. 452, all in Denton
County, Texas; authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommends approval (6-0.)
G.Consider adoption of an ordinance approving a pipe line crossing contract
between the City of Denton and the Kansas City Southern Railway Company
relating to the location of a City water pipeline within railroad right-of-way
located immediately north of said railroad right-of-way’s intersection with
Roselawn Drive within the Asa Hickman Survey, Abstract Number 521, City and
County of Denton Texas; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommends approval
(6-0).
H.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Houston-
Galveston Area Council (H-GAC) for the acquisition of 29 vehicles for various
City of Denton City Council Agenda
February 5, 2008
Page 4
City of Denton General Fund Departments by way of an Interlocal Agreement
with the City of Denton; and providing an effective date (File 3953–Interlocal
Agreement for the Purchase of General Fund Vehicles for the 2007-2008 fiscal
year awarded to Philpott Motors in the amount of $559,658).
I.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order with the Houston-Galveston
Area Council of Governments (H-GAC) for the acquisition of two Type I
Ambulances for the City of Denton Fire Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3954–
Interlocal Agreement for Type I Ambulance with H-GAC awarded to Freeway
Ford in the amount of $254,850).
J.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a first amendment to professional services agreement for
performing additional hydrogeological consulting and analytical services
pertaining to the City of Denton Landfill (in the additional amount of $89,606.75
and a grand total of $193,555.55 for both the First Amendment and the original
agreement); authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommends approval (6-0).
K.Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the wood grinding for the City of Denton Compost Facility;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3935–Annual Contract for Wood Grinding for Compost Facility awarded to
the lowest responsible bidder for each section in the estimated annual amount of
$150,000). The Public Utilities Board recommends approval (6-0).
L.Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of ready mix concrete and Portland cement for
various City departments; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3940–Annual Contract for Ready Mix Concrete
and Portland Cement awarded to the lowest responsible bidder for each section in
the estimated cumulative annual amount of $1,000,000).
M.Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a second amendment to contract
for professional legal services with Figari & Davenport for professional legal
services relating to litigation styled Clifton v. City of Denton, et al., Cause No.
4:06-CV-472 pending in the U.S. District Court, Eastern District, Sherman
Division; authorizing the expenditure of funds therefor; and providing an effective
date.
N.Consider approval of a resolution by the City Council of the City of Denton,
Texas requiring that all special events that are on city real property within the city
limits of Denton, Texas shall have mandatory recycling services; that all special
events sponsored by the City or its departments will have mandatory recycling
services for vendors and attendees whether on or off of City real property in the
City of Denton City Council Agenda
February 5, 2008
Page 5
city of Denton, Texas; that there shall be mandatory recycling services as to all
special events that are conducted on city-owned real property in the city of
Denton, Texas; providing for an effective date. The Committee on the
Environment recommends approval (3-0).
O.Consider approval of a resolution allowing Denton Rotary Club to be the sole
participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras on
February 9, 2008, upon certain conditions; authorizing the City Manager or his
designee to execute an agreement in conformity with this resolution; and
providing for an effective date. The Parks, Recreation and Beautification Board
recommends approval by a telephone vote of (5-0).
4.PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City Council
of the City of Denton, Texas ordaining the City's participation in the Texas
Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter
2303, Texas Government Code (Act), designating a liaison for communication
with interested parties, and nominating Aldi (Texas) L.L.C. to the Office of the
Governor, Economic Development and Tourism (EDT) through the Economic
Development Bank (Bank) as an Enterprise Project (Project); establishing the
boundaries of said zone and providing an effective date. The Economic
Development Partnership Board recommends approval (7-0).
B.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, zoning approximately 3,256.92 acres of land, generally located
west of Interstate 35 West, South of Tom Cole Road, bounded by Tom Cole Road
to the north, bisected by FM 2449 near the center of the property, bounded on the
eastern side by John Payne Road south of FM 2449 and Underwood Road north
of FM 2449 to the Cole Ranch Master Plan Community (Cole Ranch MPC)
zoning district classification and use designation; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof; and providing for
severability, subordination and an effective date.(MPC07-0002) The Planning
and Zoning Commission recommends approval (6-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Consider nominations/appointments to the City’s Boards and Commissions.
B.Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
A.Willie Hudspeth regarding concerns of Southeast Denton.
B.Jordan Hudspeth regarding concerns of Southeast Denton.
C.Lanisha Hudspeth regarding concerns of Southeast Denton.
D.Hagar Hudspeth regarding concerns of Southeast Denton.
E.Bob Clifton regarding legal matters.
City of Denton City Council Agenda
February 5, 2008
Page 6
F.Craig Williams regarding flooding on Glen Garden due to new
development
C.New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
D.City Manager’s Report
E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2008 at ________o'clock
(a.m.) (p.m.)
____________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY’S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
February 5, 2008
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
SUBJECT
Consider approval of the Parks, Recreation and Beautification Board recommendation to select
David Iles as the artist for the 2007/2008 public art sculpture for the City of Denton. Project
budget is not to exceed $24,000. The Parks, Recreation and Beautification Board recommend
artist approval with a vote of 6-0.
BACKGROUND
On April 18, 2006, City Council established and appointed a Public Art Committee that serves in
an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art
Committee, established by separate ordinance, will make recommendations on the:
Commissioning, placing, and installing of public art
Implementation of funding mechanism(s) for public art
Effective and efficient management of public art
Ongoing maintenance of public art
Accessioning, deaccessioning and resiting of public art
On December 13, 2007, the Public Art Committee made the recommendation of artist David Iles
to be selected for the 2007/2008 public art sculpture for the City of Denton. On December 17,
2007, a letter and illustration of the sculpture was sent to the Parks, Recreation and
Beautification Board to review the design of artist David Iles so they could make an informed
vote at their meeting on January 7, 2008.
RECOMMENDATION
Staff requests
supp recommendation of David Iles as the artist for the
2007/2008 public art sculpture for the City of Denton.
ESTIMATED SCHEDULE OF PROJECT
11/09/07
12/13/07 PAC makes recommendation
01/15/08 Parks, Recreation & Beautification Board makes recommendation to City Council
02/05/08 City Council considers recommendation
02/2008 Artist begins work
09/2008 Artist completes installation
10/ 2008 Formal dedication
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation of artist selection on December 13, 2007.
Parks, Recreation and Beautification Board made recommendation of artist selection on
January 7, 2008.
FISCAL INFORMATION
Total estimated project budget is $24,000, which includes artist/design fees, cost of materials,
construction costs and installation. The 2007-2008 HOT funds budgeted $24,000 for this
project.
BID INFORMATION
Five
Committee.
EXHIBITS
1.Parks, Recreation and Beautification Minutes of January 7, 2008
2.Public Art Committee Meeting Minutes of December 13, 2007
3.
Respectfully submitted:
Emerson Vorel
Director of Parks and Recreation
Prepared by:
Janie McLeod
Community Events Coordinator
1 DRAFT
2
Parks, Recreation and Beautification Board
3
Minutes
4
5 January 7, 2007
6 Civic Center Conference Room
7
8
Members present: Dale Conway, Allyson Coe, Reggie Heard, Jo Kuhn, Ross Richardson, and Jennifer
9
Wages
10
Members absent: Carol Brantley (arrived just after meeting was adjourned)
11
Staff present: Emerson Vorel, Amanda Green, Bob Tickner, John Whitmore, Janie McLeod, Jim Mays,
12
Maria Denison, Mary Aukerman and Fred Greene, ACM.
13
14
Chairwoman Jo Kuhn called the meeting to order at 5:58 p.m.
15
16
AWARDS AND RECOGNITIONS:
17
Emerson introduced Fred Greene, Assistant City Manager, Neighborhood Services, to the Board. He also
18
introduced Maria Denison, Marketing Manager, Parks and Recreation Department.
19
20
APPROVAL OF MINUTES OF October 1, 2007 MEETING:
With no additions or correction to the
21
minutes, they were approved as presented.
22
23
ACTION ITEMS:
24
Public Art Recommendation to select David Iles as the artist for the bronze sculpture November
a)
25
Devil
This is the third piece commissioned by the City. Information on the arti
26
particulars on the design were included in the packet sent to the Board for review before the meeting.
27
Emerson briefly ran through the other pieces submitted but rejected by the Public Art Committee.
28
The location of the piece will be in the public space on the corner of Hickory and Locust in front of
29
the old bank building. When asked for a motion to support the approval of the Public Art Committee
30
recommendation of this artist and sculpture, Jennifer Wages made the motion and Allyson Coe
31
seconded the motion. The vote was 6-0 in favor of the artist and sculpture.
32
33
DISCUSSION ITEMS:
34
Proposed 2008 Park Board Meeting Calendar
a) Usually in November, the City Secretary requests a
35
calendar of scheduled meetings for all boards. A proposed calendar will be presented as a discussion
36
item at the September Park Board meeting and as an action item at the October meeting for a vote
37
before it is sent to the City Secretary. The proposed calendar was sent to the Park Board in this
38
review. The date and time of the current meeting works well for the group and
39
will remain the same. The calendar will be voted on at the February meeting.
40
41
42
Avondale Park Bridge Project
PROJECT STATUS REPORT
A bid was accepted in December for
43
the bridge from Calvert Paving in Denton. The bridge is being constructed in Minnesota and should be in
44
by the end of March, if all goes as planned.
45
46
Senior Center Renovation and Expansion Project
The selection of Brown, Reynolds, Watford, Inc.
47
Dallas as the architectural firm for this project will be presented to the City Council for approval on 1/8/08.
48
Plans for the renovation of the center are expected to bid the first part of July, with construction to begin in
49
August. It should take about 10 months to complete the project. The center will not be closed during the
50
renovation but we will have to work around those issues. The Senior Center Advisory Committee will rely
51
on the consulting firm to get the most out of the funding available.
January 2008
1
Lake Forest Park Playground Project
Project was bid this past year and construction should start very
2
soon. It requires a lot of dirt work for placement of sidewalks and playground containment areas before the
3
playground equipment can be placed. It should take 8 to 10 weeks to complete.
4
5
Fred Moore Park Multipurpose Court
Project is complete.
6
7
Martin Luther King Recreation Center Kitchen Renovations
Project is complete.
8
9
City Hall Courtyard Renovations
This project is well underway.
10
11
Briercliff Park Design and Development Project
The design firm has started on the plans for this
12
project.
13
14
Cedar Street Streetscape Project
The underground utilities are at 98% completion and being tested.
15
The age of the street made it difficult to determine what they might run into.
16
17KEEP DENTON BEAUTIFUL
18
Working on grant funding, have many projects in the works. The appreciation
19
reception at the Wildwood End was very pleasant.
20
21
ADDITIONAL BUSINESS:
22
John informed the Board that Bobbie Davis, the Aquatic Center Manager, has been elected
23
President of the Texas Public Pool Council, a nonprofit organization dedicated to providing
24
information and education to aquatic professionals.
25
26
Dale Conway wanted to inform the group that the new steps into the Natatorium pool are a great
27
asset. She also asked what time the Water Park closes during the summer months, to which John
28
said 9:00 p.m. She said that a citizen asked her to pass on the suggestion that it be opened longer
29
and more often.
30
31
ITEMS FOR UPCOMING MEETINGS:
32
Presentation by Amanda Green and Cindy Mayo on Fred Moore Park Multipurpose Court, MLK
33
Kitchen Renovations and City Hall Courtyard Renovations.
34
35djourn. Ross made the motion, Reggie seconded
With no further business Jo asked for a motion to a
36the motion and the meeting was adjourned at 6:14 p.m.
January 2008
Public Art Committee
December 13, 2007
Minutes
Members present: Jo Williams, Joy Siegmund, Jo Ann Ballantine, Billie Mohair, Margaret Chalfant
and Carol Phillips. Members absent: Robyn Lee, Jack Davis, Cheryl Key and Betty Roy. Staff
present: Emerson Vorel and Janie McLeod.
Chair Jo Williams called the meeting to order at 4:08 p.m.
APPROVAL OF MINUTES OF SEPTEMBER 13, 2007
. Joy made a motion to approve the
th
September 13 minutes and it was seconded by Carol. The motion was approved by a vote of 6-0.
ACTION ITEMS
Selection of Artist for the Downtown Project. Jo reported that the subcommittee, consisting of Jo,
Billie, Joy and Carol, met and recommended David Iles as the artist for the Downtown project. Jo
said that there were several good professional submissions to select from but the committee agreed
A motion was made by Jo Ann
Carol seconded the motion and it was approved by a vote of 6-0.
Emerson said the recommendation will go before the Parks, Recreation and Beautification Board on
th
January 7 and if approved to City Council in February 2008.
DISCUSSION ITEMS
- None
Emerson said the graffiti on the railroad overpass mural had been
removed and repaired. He added that the bricks for the Civic Center mural are ready for the kiln
and the project is on schedule. George Cadell is making progress on his sculpture and is on
schedule as well.
Emerson commented that some of the board members may hear comments about the possibility of a
mural being painted on the side of a building on the Downtown Square. He said that the request is
for the Butterfield Stagecoach mural to be on private property and as the Public Art Policy currently
stands, all projects funded by the city must be on public property. City Council would have to make
changes to the policy if this request was to be considered. He added that HOT funds would not be
available for future projects until the 2008-09 budget.
There being no further business the meeting was adjourned at 4:32 p.m.
Artist's Rendering of Sculpture with Base
NovemberDevil Davidlles
(Illuslrntion Ol u102)
48^
Cross Section of Base and Sculpture Mounting
November Devil David Iles
(Ilmsuafion ox of oz)
f
36"
'..
Project Statement
November Devil
Davidiles
Using theautumnfoliageofthetreessurrountiingDenton'shistorictownsquareasinspiration.Iproposecreatinga ~ -
bronze sculpture consisting of life castieaves,~branches, fruits, nuts, andseeds from thevariety of trees native to -
theDenton vegan. All of these naturafelementswilf be combined to create a dust devil form emerging from the ,
center of a cylindrical painted steel base. ~ `~
I
Incaporatingbetweert t 0 to 20 differenttypes oC.native leaves as wellas a half dozen nuts;.fruits, andseeds will ".
add variety to the form: and the use of life cast brahches willadd structure direction, and motion to the piece: Wrtfi ;
November Devil; I intend4o createan artwork that gives the feeling of weightless movement, while maintaining the.
- - - _.
strength and safety needed in a piece oto~tdoot sculpture. ~ -
The leaves, branches, and other elements will'.be formed by pulling,molds directly from real specimens (see
texture and detailexample images).:Becauseof tfieir,potentialfor fragility, the leaves will be casYin thicknesses.
rangingfrom 1 / t 6" to 1 /8" depending on the size of theleaves, and their placement in the tinaf structure.
The base of the sculpture will be four feet high with a cylinder diameterof threefeet: The height of the dust devil ~ -
form will be five feet with a top diameterof three feet. This sculpture's oJerallsize andshape is specifically ,°
tiesignedtoaccountforpedestriahsafetyandspacelimRationsattheHickory/LocusfStreetcrosswalkiocatbn.,
Finally, the sculpture will be finished wRha classic brown patina, one of the most attractive and resilient patinas
Naturalelements representetlin tbissculpture will inclyde
Leaves. Fruits/Nuts/Seeds
Bur Oak _ Bois d Aro. Acorns
Post Oak Hackberry Pecans
Live Oak Fg SweetGumballs
Red Oak Red Bud Flgs ~~
Sycamore Maple Pine cones '
Cottonwood Catalpa Maple seeds
Cedar Elm Pecan
Sweet Gum Mulberry - I
Magnolia - ~ ~ -
Materials
The base of the scufpture will be finished steeF pipe approximately 36" in diameter wRh a 46" height, and awall -
thickness of/." orthicker. The pipe will be capped with a steel plate approximately %x"thick. This base will ba
mounted on a poured concrete Pad 6" thick whh~a 40" diameter. The.base will beattached using 5/6" stainless
steel all thread, epoxyedihto thepad (see illustration 02 of 02).
The sculpture will be cast in silicon,bronze,ustng the ceramic shell process, andwill be created atmy foundry in;
Bolivar The sculpture will be attached to the base using'/." and'/," stainless all thread. '
Project Budget
Artist fee
:Material/Casting costs
:,, Material.
Labor
Installation
Total
$ 10:000.00
$22,000.00
$ 4,500:00.
- $ 7,500.00
$ 2,000:00
.824,000.00 '
Maintenance " '
There aretwoschools of thought on maintaining bronze, one is to let nature take it's course, letting the bronze age
naturally; while the other establishes a{egularcleaningschedule topreservethepatinalfavorhavingaregular -,
cleaningand wazing'schedule. - - - ~ -
Bronze sculpture should. be cleaned using just water whenever possible; (not pressure washed) and a neutral ph ~ I
soap if necessary. To limit the aging process, thesculptureshould be waxed once ayear with Johnson's Paste
Waz. tt Is recommendedto do tnisone a warm day so that the sculpture ran dry completely after washing: The
sculpture canfnen be polished using a cotton cbth.
twill provide a resource book on the care andmafntenance of bronze with the sculpture
Time' Line for Construction .
o-
Gathering leaves, branches, etc. and preparing for molds-
Pulling rtaldsfrom leaves, nuts, fruR. ; '
Casting wanes'
Sprueingwaxesand'branches -
irnestingmoliis,,burtwut,casting
Clearwp, chasing - '
Building support structure, and welding components
Flhish chasing and patina
Construding,andfinishingtiase -
Installatbn
1 week
3weeks
'2 weeks -
4 weeks+
~iweek -.
i week
t week
hispossiblethatsomeofthetaskslistedwilloverlap,thusexpeditingtheprocess: ~ `
A. sat a estimate from stars to finish would be a project construction time of betweend to 6 months.
Artist Statement
David Iles
It's often the small things in life that affect the way I see the world, and my sculpture reflects this. Two major
influences on my sculpture are an interest in storylellingrand nature (mother and human)..Fiavinggrown up ~-
on the edge of the Big Thicket in SoutheastTexas I was able to live in and observe nature up close and grew
to appreciate it. Countless wild-.pets anddaily trips through the woods became important elements of my life..
Beingraised in a culture that lived to telfstories, joke§, andanecdotes, instilled'a desire to communicate my ideas,.
thoughts, and experiences. The inspiration for my sculpture was developed along the bayou; on the side of"atree.
in someone's backyard, or through astory ofsome misadventure told at a family gathering. _ "
I ~startedusing natural objects for my-work in the late eighties, but it was after completing a commission of native; _ . {
Texas animals in T997that 1 startedworking"with animals in my sculpture on a regular'basis. Some animalssuch
aasquirrels and crowsiend themselves to certainroles due totheir mischievous nature and"also represent people,
wtth similar traits. Frogs, pigs, birds, and bears are all fair gamewhen they work their way into a story or,event. - -:
The combination of objects and imagery inmy workallows a viewer to step intoan event or occurrence that has +I
f
universal recognition, but individual interpretation..The title of the work may hint at the3tory behindthe work, - -i
but can leave you with a sense of heaBngpnly the punchline of a joke, orjust the moral of a completed fable. ",
In presentinglhe work in this manner the viewer will buildtheir own story line in the same way a poem or story - " .
allows areader to oreatetheir own imagery. - ~ - " ~ ~
Pstartedcasting bronze on a regularbasis in:1987 while working at the University of NorthTexas,:and 6uitt my
own foundry in 1996 to facilttate.the completion of a"large commissionihat year. Being able tb'casY,my own work
is,extremely important tome becauseit lets me be intimatelyinvolvedin thetotal life otthesculpture, and italbws.
me the freedom toalter andmake changes at any~stageof. process. Ivsebronze as my primary mediumbecause
I like its strength, the flexibility bf the process, andiis~sense of history, which adds ironyto the whimsiczl nature of
... ..
the work. Theimages of small slices bf life, captureiin bronze, create'permaheht remindersof.fleeting ttrougMs or
-events.
Short Bio
David'.. I les.
David Iles has anM.f:A. in sculpture from the University of North Texas. A native Texan now living in Denton,he
divides his timebetween casting for himself and other artists in the Bolivar foundry he built in 2007, Mr. Iles'fias
received public and private commissions for his art from numerous_sourcesirrcluding Trammell Crow, Frito Lay,
and thelrving Art Association. The Dallas Arboretum,:and the University of North Texas have collections of wildlife
sculpture on display. His sculpture has beenahown ih numerous reganal andnational exhibitions.
David Iles
525 Mimosa Drive
Denton, Texas 76207 -
(940p482-2944 (940).382-8581 -
bolivarbronzeQeartfilink.net
i
Education
1975-1977 -. University,ofNorthTexas-Denton,TX: (M;F.A:)
1969 -1973 Lamar University-Beaumont:TX. (B.S.PaintingandDrav+ing) -
:Com
- missions - .
2007 DaJKGSilrsyMemorial:-ESATBuilding,UniversityottJOrth-Texas-DeMOn;TX.
"2006 HarvastGaine-FoncineSettlementPark-Frisco,TX. -
x.:
2005 DiamondEagle~WalfRelieh.UniversityoitJorthTezas:Denton,TX: - -
2005. North Texas Ezea Wa111Relief- University of North Texas- Denton; TX. ~ ~- .
- 2003 Heivast,Song -Denton.PublicLibraryNprth-Denton, TX. ~ '-
~ ~ 2002
i . Hippos-Irving Art Association,Jaycee:Park; Ining;TX. -~
~ ~' .
2000 H.O.P.-Texas;Sculpture Garderi aTHall Office;Park; Hall Financial-Frisco,.TX.
- 1999 Morningstar.W-ildliteSeries-JohnandEllenMcStay-Hico,TX. ~ '
1999 Galloway;ResearchandDevalopmaMRelief•FritoLaylnc.-Plano; TX,
..1996 Native Texas WildlifeSeries=TrammelLCrpw- Dallas,.TX.~ ' ~ - _ . -~ ~ ~--~ -:~._-
' Exhibitions.
2006 Night of theArtiat(NationafWestem Art Foundation)-SanAntonio,TXd
2005 Sculpture ontfieGreen-KempCenterfortheArts-Wichita Falls, TX. - '
i 2005 8'" Annual Sculpturo;in4he Park-LS.U.-Baton Rouge, LA..
2005 Stories Tall and Short-.Paris Junior College-Paris, TX.
2005 ~Nightof-the Artist(NationalWesternArtFoundation).-SanAntonio~7X.~
2004 Sculpture Fort Smith-:Fort-Smith, AR.
2004 RacentWork-CidneePafrickGallery-Dallas, TX.
200a Castaways-CollinCountyCommunity College-Plano. TX. - -
2003 Tha Art of-Riving -.North Texas Food Bank -Dallas. TX,
2002 Modalities~ofthaVisual-Brook Haven College-FarmersBranch:TX;:.- ~. ~.
2001 One Man Show- BrookhavenCollege -Farmers Branch, TX. ~ -
2001 Breaking New Ground; IrvingArts Center- Irving, TX. -
2000 Two Person.Show-SWTSU-SanMarcos,.TX. r -
2000 Five bySeren-TFAA-Austin, TX.
i
Exhibitions (cont.)
2000 FaeultyShow-University of North Texas-Denton;TX_ -
2000 Wood Works-University of Arkansas. Little Rock-Little-Rock, AR.
1998 From Stories Not Told- One Man Show-Center For The Visual Arts- Denton, TX.
1998 Faculty Show.-UniversRyof North Texas-Denton, TX. -
1997 GroupShow-500X-Dallas, TX:
1997 Benefit for the Jerry Newman Scholarship- Lamar University- Beaumont, TX.
1997 Group.Show-StudioGarc{a-Simsbury, CT.
1997 ArtistsWho;Teaeh-GDACMeadowsGallery-Oeriton,TX. -
1997 UniquenessoftheHand-UT San Antonio.ArYGallery-San Antonio TX.
1997 FaeultyShow-University of North Texas-DentonTX.. ~ - - ~ -
1995 Faculty Show-University of North Texas-DeritoriTX: -'
1995 GroupShow-Edith.8akerGallery-Dallas TX.
1994 .GroupShow-Art-a-tactGaliery-Dallas TX.
1994 GroupShow-RicfiardWierzbowski Gallery-NoustonTX.
1994 FacultySitow-UniversAyoftJOrthTexas-Denton TX. -
1993 Assembled_Images rDavid Iles - University of Arkansas-Little Rock, AR;
1993- Fall Faeulty Show-University of North?exas -Denton; TX.
1993. Fin,.Fur,.andFeathenGalvestonArtCenter-Galyeston,TX. ~ ~~ -' -
1993 5 State-fvlaiurArtMuseum-MonroeLA: _ -
1993 Faculty Show-UniversityofNorthTexas-Denton,.TX
.1992 MetalandMettle-AUStinCollege-Sherman, TX.
1992 Three Year Review- Collectors Series • DArt- Dallas,.TX. ~ ~ .,
1992 CollectoroSeries-DArt-Dallas.TX. - ~ -
1992 AWsualResponseto£nvironmentallssues-.ArlingtonMuseumofArt-Arlington, TX.
7992. HMTopies-Fine Art Center,UniversityofColorado-Boulder, CO.
7 992 One Man. Show-..Cora Stafford Gallery, Universityof North Texas • Denton TX..
1992 T.SJI.Membership"Show-Trammell Crow Center-DallasiX.
1992 FaeultyShow-UniversityotNortfi Texas-Denton;TX:~
1992 The 4th Rodin Grand Prize Exhibition (Excellent Moquettes)
-Hakone Open-Air Museum-Tokyo. Japan
7992 Time is Relative-Beverly Gordon Gallery-Dallas TX.
1997 Critics Choiea-DArt-Dallas TX.
1991 -.Delta.Annual-Arkansas Art Center-Little Rock,AR.
1991 Seven Sculptors-SouthwestTexas State University- San Marcus, TX. ,
hxhibitiona (contc) i
1991 4thIMernationaLShoe.BoxExhibition•UniversityotHawaii-Honolulu;Hl, " -
(Touringexhibition:.Honolulu HI, Hilo HI, Tucson AZ, Murray'KY,Norman OK, AmesJA, ~ ~ ~ ..
Mobile AL, DallasNC; West,Bend WI, Carson CA, Victoria TX. Mangilao Guam.} -
1991 T.SA. Membership Sliow-Trammell Crow-Dallas, TX. -.
1991. Faculty-Show- University of North Texas -Denton. TX: - -
1990 Delta Annual-ArkansasjArt,Cehter-Little Rock; AR. - ' ~ . ~.
1990 Featured Artist-Jack MeierGallery-Houston. TX. .'
1990 Excellence 9Q-Plaza,of the Americas- Dallas, TX. - ~ ~ ~ - ~ ~ '~... ~ ', ,
v, .
" 1990. Benetit,forSuicide,Crss Center- Beverly Gordon:Gallery-Gallas, TX: °; ~: ' '-~ - .. ~_ :,
- - - '- s. _
1990 ¢ritic'sChoice-DArt-Dallas, TX:
,._
- 1
-7 990 Selected. Work tromtha T.S.A. MembershipShow. •.DArt-Dallas. TX. - ~ '
f990 T.S.A. Membership:Show•Trammel(Crow-Dallas,.TX. - -
1990 Group Show-Be4etlyGortlon Gallery-Dallas, TX:
1990 FaeultyShow~-UniversityofNorth.Texas-Denton; TX. ..
1989 Delta Annual -Arkansas ArtCenter-.little Rock, AR. - „- ,_ , ... ~ :"
,. ..
1989 ConstructedForm-HughesTriggCenter,S.M.U.-Dallas,TX.-''
1989 LamarUnirereityAlumnlExhibitioa-DishmanGallery-Beaumont,TX. ~ - - -
1989 TVAAtBth.AnnualNatioaal.SpringOpan-TrammelfCrow.-Dallas, TX. -
1989 Invitational Show-Greater Denton Arts Council-Dentoh;TX. ~ °°~
,.
1989 MarketSliovv-JohnEdviardHughes-ballas,SX. ~'
1989 T.SA.Mem4ershiplShow-TrammelfCrow-gallas,TX. - ~ _' - 'q ~ "~:.- ;-' '. -
.1988 Faculty8how-UniversityoiNorth2exas-Denton;TX: ~ ~ _ - ~ ,
1988 -Group Sculpture"Shove-'.Lamar University,.Distiman Gallery- Beaumont TX: - '. -
1988 Sculpture:afthe Bar-TSA, Dallas Bar Association-Dallas,.TX: -
.1988 Art.intheMetroplex-T.C.U.,.MOUtlyGallery•.FOrlWorth,TX. - -~
1988 Critics Choige-D ArY=Dallas, TX.
1988 Contemporary Primitives-Gallery Gorpal-Dallas,.TX. - ~ ~ ~ ~ ~ "--~w
- ,
..
1988 Excellence 88-Plazaof the Americas-Dallas, ;TX. -
1988 Siz-Stata~Show-Hobbs; lJM.
1988 Container Show=DallasN!omen's Caucus for Art-Dallas TX. _ ~ -
1988 Fiva.State'Show-MazurArtMuseum-Monroe,.LA. -
1988 Tri-State-Beaumont Art League- Beaumont; TX.
1988 Members of the U.N.T:..Art Department- Pioneer Gallery, OneBell Plaza- Dallas. TX, - - : ; ...'
1987 Faculty Show- Universty of North Texas -Denton TX.
1982 Tri-State-Beaumont AR League-Beaumont TX. ~ ~ ~ , .
1979. 7th FestivaF;of the.Arts-Lake Charles, LA. - ,
Exhibitions{cont.)
7979 One Man Show-.Beaumont AR League-Beaumont,TX.
1978 Invitational Sculpture Show-Beaumont Art League-Beaumont,TX.
1977 17th Texas Craft Exhibition-DallasMuseumofArt-ballas,TX.
1877 Group Show-MOUntainVlew Community College-Dailas,TX. -
1977 One Man Show-Delta State College- Cleveland, MS.
1977 Graduate Show- University of North Texas -'Denton; TX.
7977 ~Voertman Show-Texas Woman's University-Denton,TX.
1977 Five State-Gates.Memorial-Port Arthur, TX.
7976 GroupShow-Galfery8.42-Dailas,TX.
1976 Houaton Dosigner Craftsman- University of Houston.• Houston, TX.
- 197,6 TarranYCounty:Annual.-Fort Worth ArtMuseum-Fort Worth, TXi
1975 Tr-rState•BeaumontArt League-Beaumont,TX.
7972 Annual.NationalExhibition-BeaumontArtMUSeum-Beaumont,TX.
Awards
2005 Sculpture-onthe Green -First Prize' -
1998 Universttyof North Texas-OutstandingStaff Award
t 997 University of Ndrt6Texas=`Honored Alumni
1993 5State-HonorableMehtfon.
1992 Hot Topics-Juro~sawbrd.
1991 UniversityolNorttiTezas-Outstahding'StaflAward
1989 Delta Annual • Honorableldention..
1989 T.S.A. Membership Show-MeinbersGhbiceAwa~d.
1.988 CritiesChoice-MeritAward.
T988 Six State Show • Fi1sFPriie
1968 Tri-State-Honorable Mention
1982 Tri-State-PurchaseAward.
7979 7th Festival of the Arts -.7 st and HonorablaMention.
1977 VoertmanShow-First Prize
1977 Five States- Purchase Award and Honorable Mention.
G a I1 ery"Representation
Blue Star Trading and Gallery 112SOUth Pecan Street Hico. Texas
Contact: BeckyHoh (254} 796-2828 www.bluestartrading,com
i
Selected Collections
Betty Lou Sheerin -San Antonio, TX -
Carlos Pascal-Mexico'City,Mexico - ~ ~ ~ ,
- Cfly oPlrving-Irving;'.TX.. ~ ~ -
Courtney:Walker.-SanAntonio;:TX. _
i
Dallas Arboretum-.Dallas;TX: ~ -
- Denton Public Library- Denton, TX. - -~
Frisco Chamber6f Commerce- Frisco; TX ~ - _ ~ ~-
FritoLay-Planp,TX. ~' ~ '~~
G. Ray Miller-Da11as,~TX. .- ~ - ~ '~ ~ ~ -
. HaIIFnancial-TexasScuf tureGarde
- Hispanic Broadcasting Network- Dallas. TX;_ _ ,~
i w ~ John and Ellen McStay-Dallas, TX~ ~ _ ~ -
- ..Lamar~University.-_Beaumont,X: - .~ ~ ;'-.~ ,._,,, .
Pauband7-izMinyard-Dallas,TX~ ._ ~ -
- ~ PatriciaandCurtis'Meadows-Da11as;TX: ~ ` - ~ - -_ ~: ~ ~""
- _ • 'Peak investments-Hong Kong_ k .. -
Trammel6Crow-Dallas; TX. ~ .~ - ., -
I - _ . --
University of NorthTezas • Denton, TX.
...Lectures ,
w.
~.
. ~ ~ 2005 Paris Junior College= Paris; TX. ~ ~" ' ~ ~ - ~ ~ ~ ~~_ .~ ,.
' _-2004. CindeePatrickGallery-Dallas,TX. • ~ ,
7998 UniversityoiNOrthTexas•Ea~rth,DayPresentation - -
1993.. ,University ofArkansas~LigleRpck-Little Rock, AR - ~ - _ -
1991 Universityof:NorthTexas-Denton;.TX
1990 Arkansas Art.Center-Little~Rock.AR. -
1::990 Universty of Arkansas Little Rock-Little Rock. AR - -
Reviews and Articles
07/07/05 EIIenSchroeder-The North Texan ~ - -
04/29/05'. Lana Shults.-Wiehita Falls-Times Record News
04/t7/05~ Tha Baton Rouge Advocate -
11/07/02 SteveCarter-.Dallas HomeDesign
' 01/23/00 Leslie~Peacock-Arkansas Time -
O7j28/00 LisaBroadwater-Arkansas Democrat ~ ~" -
Reviews and Articles (cont.)
03/01 /99 Hanne K. Klein -Texas Highways
09/03/98 Jen Graves- Entertainment Chronicle
07!04/98 EllenaFortnec-Fort Worth. StarTelagram
06!30198 Jennifer YOrio-.Marcus Media.News Magazine.
06/14/98 Associated-Press-MarshallNbwsMesaenger
06/10/98 ChrstianBohmfalk~-Denton RecordChroniele
06/04/98 Statt Cedar Hill Today
11106(97 Park Cities News
17/01/97 ElizabethCiark-NeiLSparry's6ardens- -
08/73/97 David: Flick-The Dallas Morning News-
08/07/97 The WhiteRoeker ,
09/71!92 Jimfov+Ier-DallasObserver.~
07/14/92 Janet:Tyson-Fort.WorthStar~Telegram
08/02190 Highlights-Houston Post -
07l14/90 Janet Kutner-Dallas Morning News
06!24/90 Ann Jarmush • Dallas Times Herald '_`
07/17/88 Ann Jarmush-Dallas. Times Heralds -
07/22/88 Denton Record Chronicle
08!05/88 Janet Tyson-Fort Worth Sta Telegram
David Ilea 525 Mimosa.Drive- Denton, Texas '(940) 3628581 bollvarbronZe~6eanhlink.neC
AGENDA INFORMATION SHEET
AGENDA DATE:
February 5, 2008
DEPARTMENT:
City Manager’s Office
CM/DCM/ACM:
George C. Campbell, City Manager
SUBJECT:
Approve a resolution adopting the City of Denton’s FY 2009 Congressional Priority Project
requests.
BACKGROUND:
Since fiscal year 2003, Denton has submitted Congressional priority project requests to our
legislators for projects that qualify for special consideration, treatment or funding based on the
needs of the community and the appropriateness for federal consideration. Many of Denton’s
initial requests were for transportation projects because of the delay in the reauthorization of
TEA-21 and the need for improved roadways to handle Denton’s growing population. Denton
requested funding assistance so that projects could be expedited to meet growing vehicular
traffic.
Since our first submission, Denton has received in excess of $12 million in earmarked federal
funds. Congressional earmarks are becoming increasingly difficult to obtain due to growing
number of requests, increased media scrutiny and a reduction of funding. Because of increasing
controversy and the growing number of requests, increased information and detail must be
provided to Congressional representatives with submitted project requests. Most Federal
agencies require that the recipients of congressionally earmarked funds submit a proposal and
that the proposal be approved by the agency before the funds will be released. Generally,
successfully earmarked projects receive between $100,000 and $1 million over a period of one to
three years.
In preparation for making Denton’s FY 2009 requests, staff reviewed the City’s project funding
needs, as well as the FY 2008 Congressional Priority Project requests. The Airport Advisory
Board and the Mobility Committee concurred with staff’s recommendation on the Airport Safety
and Security Enhancements request. The Downtown Development Improvements and Regional
Public Safety Training Facility requests remain the same as approved by City Council for FY
2008. The requests have been placed in a booklet that contains figures, photos and other graphics
(Attachment 2).
FY 2009 Congressional Priority Projects
February 5, 2008
Page 2
RECOMMENDATIONS:
The recommendation from boards, committees and staff is that Council approves the three
recommended projects as the City’s FY 2009 Congressional Priorities. In priority order, these
include:
Airport Safety and Security Enhancements $990,000
Downtown Development Improvements $700,000
Public Safety Training Facility/Technology $4,100,000
PRIOR ACTION/REVIEW:
The City Council reviewed and discussed the congressional priority projects at the January 8,
2008 Work Session.
Respectfully submitted:
John Cabrales Jr.
Public Information/Intergovernmental Relations
Officer
Attachments: Attachment 1: Resolution
Attachment 2: FY2009 Congressional Priorities
n
~,~~.~
~~M ~'~
lSrcr
City Officials
Mayor
Perry McNeill
Mayor Pro Tem
Pete Kamp
Deputy Mayor Pro Tem
Joe Mulroy
Councilmember
Charlye Heggins
Councilmember
Jack Thomson .
Councilmember
Chris Watts
Councilmember
Bob Montgomery
CITY STAFF
City Manager
George Campbell
Assistant City Manager
Howard Martin
Assistant City Manager
Jon Fortune
Assistant City Manager
Fred Greene
For more information please contact:
' John Cabrales
Public Information/Intergovernmental Relations Officer
215 E. McKinney St.
Denton, TX 76201
940-349-8509
john.cabrales@cityofdenton.com
FY 2009
Table of Contents
PROJECTS
PAG E
Priority Projects:
Denton Municipal Airport 2
Downtown Denton Development Improvements 4
Denton Regional Public Safety Training Facility 6
~~ - .. ~ _
-- '.
Denton Airport - - ~!~!~~
"The North TexasAirport of Choice „ _ ~°6 ~ - ~ _ -
~~ /. 4
'$f>
' ~~
-- 1
,. !
~ ~_~ _
~ . _ ...
Denton Municipal Airport [DTO) Safety and Security Enhancements
The City of Denton appreciates the delegation's support for this priority and fully re-
spectfully request continued support for this priority project. DTO plays an important
role in the regional economy, serving as a general aviation hub for North Texas. As
a result of substantial capital investments by the City of Denton and TxDOT Aviation,
the Denton Airport has increased the number of private developments on the field.
These developments have in turn increased the airfield employment base by more
than 40 percent and the development pace is projected to continue to grow.
The Denton Airport is requesting $990,000 in discretionary funding for security
enhancements. These improvements include security fencing and controlled access
points to increase airport security and wildlife control. This project is recognized in
• the current Airport Master Plan. FAA personnel have identified the lack of security
fencing as a weakness that needs to be addressed. The installation of the security
fencing will further facilitate the current growth trend on the facility as more and more
corporate aircraft operators will only utilize secured facilities.
;~_ -
~,~
o
DENT~~N~
Denton Airport has approximately 240 based aircraft and experiences more than
100,000 operations per year with a large amount of corporate jet and a steady
increase in air cargo activity. The airport attracts aircraft operations from all over
the world due to its major maintenance facilities as well as its location and con-
venience. The addition of the newly aligned primary taxiway has increased the
safety and capacity of the airport for airport users.
Completed projects over the past year at the airport include:
• Completion of a new terminal and administration building.
• Completion of a new parallel taxiway which can serve as an emergency
landing surface should the runway be closed or unusable.
For more information please contact:
Airport
Mark Nelson
Transportation Director
5000 Airport Road
Denton, TX 76207
940-349-7702
mark.nelson@cityofdenton.com
FY 2009
Future planned projects at the airport include:
• The extension of the runway to 7,000 feet.
• The design and construction of a new taxiway from the runway to the
southeast side of the airport to improve development opportunities.
Westbound view of Hickory St.
Hickory Street Corridor Proiect
The Hickory Street Corridor Project will link Downtown Denton's historic square (on the Na-
tional Register of Historic Places) to the future Denton County Transportation Authority (DCTA)
rail station and the Multimodal Transit Facility on the east and to the University of North Texas
(UHT) to the west. This connectivity is critical to the City of Denton as we work to improve
mobility to and through our Downtown Square.
Also, a major catalyst project that will create more than 130 new residential units and over
50,000 square feet of new office and retail space is in the planning stages. The project is
located on the southeast corner of the Downtown Square. New, wider, safer and accessible
sidewalks are needed to facilitate pedestrian and bicycle traffic generated by new commercial
development and the transit station in the Downtown area.
Downtown Denton Development Improvements
In the Summer of 2007, the City selected a site for the $3.1 million Downtown Denton
Multimodal Transit Facility that will compliment the proposed DCTA commuter rail station off of
E. Hickory Street and Railroad Street.
The Hickory Street Corridor will be the
critical link from the Downtown Denton
Multimodal Transit Facility to historic
Downtown area and to the Univer-
sity of North Texas. The City greatly
appreciates the federal funding the
delegation obtained for this important
project.
Denton Downtown Development Improvements:
FY 2009
Cedar Street Capital Improvement Project
On August 20, 2007, work began on the Cedar Street Capital Improvement
Project; we anticipate that it will be completed by March 2008. The Cedar Street
Improvements will mirror the look of the square improvements, which were
completed in 2001. The Cedar Street Project will replace all water and sewer lines,
many of which are over 50 years old. The project will also widen sidewalks,
making it ADA accessible for the first time in history. Street trees, benches, bike
racks and pedestrian amenities will also be added.
The estimated cost for this project is $1.2 million; more than $800,000 of it comes
from CDBG Economic Development Initiative and Neighborhood Initiative funds.
This project will help enhance mobility and aesthetics as well as upgrade utility
lines on the west side of the Downtown Square.
Denton Regional Public Safety Training Facility
The City of Denton appreciates the FY 2008 funding provided for this project, is requesting
$4.1 million in discretionary funding for technology uses associated with the planned con-
struction of astate-of-the-art joint police and fire regional public safety training facility. The
new facility presents the City of Dentori an opportunity to become a leader in setting higher
standards for quality emergency service training, which adds to homeland security pre-
paredness and improved community safety. The City expects to exceed both the academic
and technical requirements for emergency responders as well as responders from the
entire region. Partnerships with area colleges, as well as other area public safety agencies,
are already being developed.
In November 2004, the City purchased an 88-acre site for the building of this regional train-
ing facility at a cost of $2.03 million. In July 2005, the City hired Kirkpatrick Architectural
Studio for $205,500 to work on the master plan for the facility. Several meetings have been
held with stakeholders of the training center, such as North Central Texas College (NCTC),
to establish their needs and criteria for this regional facility.
In July 2007, the City Council approved almost $12.6 million for the construction of this
regional training facility that will include: atwo-story residence burn building, outdoor class
room, high rise burn building, an Urban Search and Rescue structural collapse area, a
trench rescue site, a confined space rescue site, a
10-lane shooting range and a shoot house. There
will also be a 20,500 square foot classroom that
will allow public safety personnel from around the
region to meet and exceed ongoing day-to-day
training requirements from basic academies to
advanced programs through our partnership with
NCTC. This regional training will also improve mu-
tual aid and inter jurisdictional relationships. Our
hope is to open the regional public safety training
facility sometime in early 2009.
FY 2009
Fire Station #7
The first phase of the regional public safety training facility began on April 30, 2007, with the
opening of fire station #7 on a portion of this 88 acre site. This fire station was awarded a Gold
Leadership in Energy and Environmental Design (LEED) rating from the United States Green
Building Council (USGBC). This is only the second fire station in the nation to receive this rat-
ing. This building was designed and built using LEED standards to provide a state of the art fire
station and incorporate the concepts of sustainable site development, water savings, energy
efficiency, environmentally °friendly" materials selection, and indoor environmental quality. The
facility received 42 LEED points, 39 points are required for a Gold rating. The building serves -
as an educational tool that can be used to demonstrate the benefits of LEED-and Green Build-
ing designs.
_i ._
~:.
The $4.1 million discretionary funding request will be used to fund the advanced technical
needs of this regional public safety training facility. Specific technology requests include
$3.5 million to fund Use of Force and Driving simulators and $600,000 to fund administrative/
classroom multimedia technology.
For more information please contact:
Public Safety
Fred Greene
Assistant City Manager
215 E. McKinney St.
Denton, TX 76201
940-349-8354
fred.greene@cityofdenton.com
NOTES
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Economic Development
ACM: George C. Campbell, City Manager
SUBJECT
Consider adoption of a Resolution of the City Council of the City of Denton, Texas,
renewing a Policy for Tax Abatement for the City of Denton to establish guidelines and
criteria governing tax abatement agreements; and declaring an effective date. (Economic
Development Partnership Board recommends approval 7-0)
BACKGROUND
The City of Denton first adopted a Tax Abatement Policy in 1989. In accordance with
Chapter 312 of the Texas Tax Code, we are required to have a policy in place when tax
abatements are awarded. Tax abatement policies are valid for two years and must be
readopted or replaced.
Our recent tax abatement policy was modified in December 2005. The Economic
Development Partnership Board reviewed the policy at its October 15, 2007 meeting and
recommends approval with no changes at this time.
PRIOR ACTION/REVIEW
Economic Development Partnership Board reviewed the policy at their October 15, 2007
meeting and recommends approval (7-0)
FISCAL INFORMATION
N/A
EXHIBITS
Resolution
Respectfully submitted:
_______________________________
Linda Ratliff, Director
Economic Development Department
- 1 -
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT:
City Manager’s Office
CM:
George Campbell, City Manager
SUBJECT
Consider adoption of an ordinance ordering an election to be held in the City of Denton,
Texas, on May 10, 2008, and if a runoff election is required, on June 14, 2008, for the
purpose of electing council members to Places 5 and 6 and electing a Mayor to Place 7 of
the City Council of the City of Denton, Texas; designating voting places; appointing
election officials; providing for early voting; providing for bilingual notice of the
election; ordering that an electronic voting system be used; providing an open meetings
clause; and providing for an effective date.
BACKGROUND
Approval of this ordinance would formally call the May 10, 2008 City Council election.
The ordinance contains all of the provisions necessary to fulfill the requirements of the
Texas Election Code.
Respectfully submitted:
Jennifer Walters
City Secretary
CITY OF DENTON CITY COUNCIL MINUTES
December 3, 2007
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Monday, December 3, 2007 at 11:30 a.m. in the Council Work Session Room.
PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Kamp; Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None.
1.Discussion with the Parks and Recreation Department staff regarding but not limited to
department functions, programs, and major accomplishments.
Emerson Vorel, Director of Parks & Recreation, stated that the functions of the Parks
Department included administration, planning and construction, parks maintenance, community
events, and leisure services. He introduced members of his staff and they related what they did.
Bob Tickner – Superintendent of Planning and Construction
Jim Mays – Superintendent of Parks – responsible for parks maintenance, landscape and
cemeteries, construction and trades
Janie McLeod – Special Events Coordinator
Amanda Green – Leisure Services Superintendent – responsible for recreation centers,
business office and customer services
John Whitmore – Superintendent of Aquatics, Golf, Tennis, and Marketing
Vorel also briefed the Council on the many awards the Parks and Recreation Department had
earned.
2.The Council received an update on the People’s Clinic.
Barbara Ross, Community Development Manager, briefed the Council on the People’s Clinic.
She stated that the Denton area was federally designated as a medically underserved area and
primary care health professions shortage area. Denton County was one of the few MSAs in
Texas without a publicly-funded hospital. Most patients were at or below the federal poverty
level.
Ross stated that initial funding for the clinic came from a grant to the Denton County Health
Department. Other funding was provided by the State, Denton County, Presbyterian Hospital,
Denton Regional Medical Center, and the City of Denton. Revenues were expected to increase
as Medicare and Medicaid patients increased.
Services provided by the clinic included – primary health care for all ages; discounted x-ray and
laboratory services; access to specialty doctors; mental health services; dental services;
enrollment with and administration of pharmaceutical assistance programs. The clinic had a
sliding scale fee structure. The number of persons served in fiscal year 2007 was 4,794 as
compared to 2,198 in fiscal year 2004.
City of Denton City Council Minutes
December 3, 2007
Page 2
Ross stated that the clinic had applied for Federally Qualified Health Center funding. The
primary target population was eight census tracts in Denton; 17412 individuals below 200% of
the Federal Poverty Level in target population.
With no further business, the meeting was adjourned at 12:27 p.m.
____________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 4, 2007
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, December 4, 2007 at 5:00 p.m.in the Council Work
Session Room at City Hall.
PRESENT: Mayor McNeill, Mayor Pro Tem Kamp, Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
1.The City Council met with the 2008 Leadership Denton class in the City Hall Conference
Room and returned to the Work Session Room following the completion of the discussion.
2.Staff responded to requests for clarification of agenda items listed on the agenda for
December 4, 2007.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider specific items when these items are listed below under the Closed Meeting section of
this agenda.
1.Closed Meeting:
A.Consultation with the City’s Attorneys – Under Texas Government Code, Section
551.071
1.Received legal advice from the City's attorneys regarding the issue of
discounted electric rates for state universities; legal issues and remedies
thereon; and discussed and deliberated the City's legal posture regarding
same. A public discussion of these legal matters conflicted with the duty
of the City's attorneys to the City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
2.Consultation with the City’s attorneys to discuss legal issues associated
with UNT Chi Alpha house, and threatened litigation involving same.
B.Deliberations regarding Real Property – Under Texas Government Code Section
551.072 and; Consultation with the City’s Attorneys – Under Texas Government
Code Section 551.071.
1.Discussed, deliberated, considered, received information from staff, and
provided staff with direction pertaining to the possible terms of purchase
of and valuation issues respecting the possible acquisition of an
approximate 2.834 acre tract of real property for street right-of-way and
the possible acquisition of an approximate 0.393 temporary construction,
grading and access easement, all for a public purpose; which real property
lies within the Mary Austin Survey, Abstract No. 4, City of Denton,
Denton County, Texas, and was located north of intersection of Brinker
Road and Spencer Road, and receipt of legal advice for legal issues related
thereto. (Brinker Road Extension Project)
City of Denton City Council Minutes
December 4, 2007
Page 2
The Closed Session was adjourned at 6:55 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, December 4, 2007 at 7:00 p.m.
in the Council Chambers at City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2.PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor McNeill presented a proclamation for Police Appreciation Day.
Mayor McNeill presented the award for the Best Marketing Program for the 2007 Texas
Downtown Association Presidents Awards Program to Julie Glover, Downtown Development
Department.
3. CONSENT AGENDA
Mayor McNeill highlighted the items listed on the Consent Agenda.
Kamp motioned, Mulroy seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with corrections to the November 6, 2007 minutes. On roll vote,
Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”,
and Mayor McNeill “aye”. Motion carried unanimously.
A.2007-270 – An ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Denton Festival Foundation for
Supplemental Funding for the Arts and Jazz Committee for the 2008 Denton Arts
and Jazz Festival; providing for the expenditure of funds therefore; and providing
for an effective date. ($2150)
B.2007-271 – An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute an administrative services agreement for
self-funded employee benefit plans with Fiserv Health Plan Administrators, Inc.;
authorizing the expenditure of funds therefor; and providing an effective date.
(RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy
Benefits awarded to Fiserv Health in the estimated amount of $356,000)
C.2007-272 – An ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to execute a pharmacy benefit management
agreement for self-funded prescription benefits with Express Scripts, Inc.;
authorizing the expenditure of funds therefor; and providing an effective date.
(RFP 3723 – Administrative Services Only (ASO) for Medical and Pharmacy
Benefits awarded to Express Scripts, Inc. in the estimated amount of $46,000)
City of Denton City Council Minutes
December 4, 2007
Page 3
D.Approved the minutes of:
October 2, 2007
October 16, 2007
November 5, 2007
November 6, 2007
E.2007-273 – An ordinance authorizing the partial abandonment of a 0.1403 acre
water easement tract situated in the E. Puchalski Survey, Abstract No. 996, and
recorded in Document Number 96-R0033726, of the Real Property Records of
Denton County, Texas; and providing an effective date. The Public Utilities
Board recommended approval (5-0).
F.Approved the tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
1. Denton PCR Ltd DCAD Supplemental Change 2006 $5,920.43
2. MAS Denton VZ LP/Verizon SouthwestDCAD Supplemental Change 2006 $ 514.47
G.2007-274 – 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 $2,300,000 so that General Fund vehicles and equipment may be
purchased; and providing an effective date.
H.2007-275 – An ordinance of the City of Denton, Texas amending the provisions
of Chapter 19 relating to Municipal Court by amending Section 19-8 to increase
the administrative fee charged for certain dismissals of certain traffic offenses
from ten dollars to twenty dollars; additionally the state statute numbers
referenced in Section 19-8 have been updated to reflect the current statute
numbers of these laws; providing for a severability clause; providing a repealer
clause; providing a savings clause; and providing for an effective date.
I.R2007-041 – A resolution authorizing the City of Denton, as Trustee, to sell
certain real property located at 1330 Morse Street; consenting to the sale of
certain real property to the highest bidder as provided by law; authorizing the
Mayor of the City of Denton, Texas to execute a deed without warranty and any
other documents necessary or appropriate to convey certain real property sold by
the City of Denton, as Trustee, pursuant to section 34.05 of the Texas Property
Tax Code; and providing for an effective date.
J.2007-276 – An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a first amendment to professional services agreement for
surveying services with Coleman & Associates Land Surveying, for additional
services pertaining to conventional technology to monitor and report the rate of
fill in Cell 2 of the City’s landfill (File 3901–in the additional amount of $75,000,
and a grand total of $122,957 for both the first amendment and the original
agreement); authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommended approval (6-0).
City of Denton City Council Minutes
December 4, 2007
Page 4
K.2007-277 – An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a professional and personal services
agreement by and between the City of Denton, Texas and the firm of Telvent
Miner & Miner Consulting Engineers, Inc. to provide software engineering
services associated with the migration of the Denton Municipal Electric Utility
Geographic Information System (“GIS”); authorizing the expenditure of funds
therefor; and providing an effective date. (File 3919–in a not to exceed amount of
$78,755). The Public Utilities Board recommended approval (5-0).
L.2007-278 – An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement for engineering services
and related services for approved electrical power system construction projects for
Denton Municipal Electric with SGS Engineering, LLC. (File 3927–in an amount
not-to-exceed $508,000); authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
(6-0).
4.PUBLIC HEARINGS
A. The Council continued a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood
Residential–2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district.
The tract of land was located on the east side of Country Club Road, approximately 475 feet
south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning
AC
Commission recommended approval (3-1).
SUPERMAJORITY VOTE BY OUNCIL WAS
.
REQUIRED FOR APPROVAL DUE TO PROPERTY OWNER OPPOSITION
Mayor McNeill stated that the City had a received a request from the applicant to continue the
public hearing to the December 11, 2007 City Council meeting.
The Mayor re-opened the public hearing.
Ray Baker, 201 Regency Court, spoke in opposition to the rezoning. He did not feel the
proposed zoning was commensurate with adjacent neighborhoods.
Mulroy motioned, Heggins seconded to continue the public hearing to the December 11, 2007
City Council meeting. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy
“aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding the approval of a Specific Use Permit (SUP) to allow gas well drilling and production
on a property currently zoned Neighborhood Residential 4 (NR-4). The proposed site was
located on the northeast corner of Bonnie Brae and Roselawn Drive. (S07-0014,
Chamberlin/Elder GWP) The Planning and Zoning Commission recommended approval (5-0).
Brian Lockley, Interim Director of Planning and Zoning, stated that the applicant was requesting
this SUP to allow gas well drilling and production on property that was currently zoned NR-4.
Gas well drilling and production was permitted within the NR-4 zoning district with an approved
City of Denton City Council Minutes
December 4, 2007
Page 5
SUP. Currently the property had an approved gas well plat that identified two pad sites. The pad
site located to the east was developed and had an existing gas well in production. The applicant
was requesting to drill three additional wells on that existing gas well pad site. The pad site
located to the west had not been developed and was reserved for a future gas well.
Lockley stated that the Planning and Zoning Commission had recommended approval with two
conditions. A visually appealing screen fence should be installed around all gas well facilities
within 90 days after completion of drilling. Development and operation of the gas well
development should be subject to the further limitations of the proposed Amended Gas Well
Plat.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Lee Ann Todd, 3316 Roselawn Drive, spoke in opposition. She expressed concerns
regarding noise pollution, pollution to the water table and water wells, and oil running on
the ground at the site.
Curtis Elder, 3880 Roselawn Drive, spoke in support.
Mary Patton, Range Resources, spoke in support.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-279
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AMENDED SPECIFIC USE PERMIT TO ALLOW GAS WELL DRILLING AND
PRODUCTION ON APPROXIMATELY 45.715 ACRES OF LAND GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BONNIE BRAE AND ROSELAWN
DRIVE AND CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 (NR-4);
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S07-
0014)
Mulroy motioned, Watts seconded to approve the SUP with the conditions recommended by the
Planning and Zoning Commission. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery
“aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding the zoning of approximately 129.6 acres of land and adjacent street right-of-way for
Loop 288 containing approximately 9.1 acres from the initial annexation zoning of Rural
Residential (RD-5) to a Regional Center Commercial Downtown (RCC-D) zoning district. The
property was located on the west side of I35 North at the proposed extension of Loop 288.
(Z07-0011, Westview Commercial) The Planning and Zoning Commission recommended
approval (5-0).
City of Denton City Council Minutes
December 4, 2007
Page 6
Brian Lockley, Interim Director of Planning and Development, stated that this was a request to
rezone the property from RD-5 to RCC-D zoning district. The property was located on the west
side of I-35 North at the proposed extension of Loop 288. The property was currently developed
with one gas well and the owner proposed eventual development of commercial land uses. The
site also included property owned by the City that was developed with an elevated water storage
tank.
The Mayor opened the public hearing.
Larry Reichhart, Springbrook Planning Group, stated that he was available to answer any
questions the Council might have.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2007-280
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING 129.6
ACRES OF LAND AND ADJACENT STREET RIGHT OF WAY FOR LOOP 288,
LOCATED ON THE WEST SIDE OF I-35 NORTH AT THE PROPOSED
EXTENSION OF LOOP 288, TO REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC-D) CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z07-0011)
Multoy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 185-acre tract of land from a Rural Residential (RD-
5) zoning district to an Industrial Center General (IC-G) zoning district. The tract of land was
located on the west side of Underwood Road, south of Denton Municipal Airport and north of
Hickory Creek.(Z07-0023, Aldi Distribution Center) The Planning and Zoning Commission
recommended approval (5-0).
Brian Lockley, Interim Director of Planning and Development,
The Mayor opened the public hearing.
Scott Huska, Aldi Corporate, 1517 Centre Place Dr, spoke in support
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
December 4, 2007
Page 7
NO. 2007-281
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING
181.123 ACRES OF LAND, LOCATED ON THE WEST SIDE OF UNDERWOOD
ROAD, SOUTH OF DENTON MUNICIPAL AIRPORT AND NORTH OF HICKORY
CREEK, TO INDUSTRIAL CENTER GENERAL (IC-G) CLASSIFICATION AND
USE DESIGNATION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z07-0023)
Watts motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance of the City of Denton, Texas providing
for, authorizing, and approving the expenditure of funds for the purchase of an application
service provider agreement, by and between the City of Denton and Enercom, Inc., which is
available from only one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements of competitive
bidding; and providing an effective date (File 3928–Application Service Provider Agreement in
an amount not to exceed $62,600). The Public Utilities Board recommended approval (5-1).
Lisa Lemons, Marketing Department Manager, stated that DME was expanding its Energy Audit
Program through the installation of the Energy Depot software to attract customers to use an
online energy audit program. The product would allow the customer to calculate the energy
consumption of specific appliances and do energy comparisons of existing appliances to
potential new purchases. The tool also included local weather data to give the most detailed
information to the customer.
The following ordinance was considered:
NO. 2007-282
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN APPLICATION SERVICE PROVIDER AGREEMENT, BY AND
BETWEEN THE CITY OF DENTON AND ENERCOM, INC., WHICH IS
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL
GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 3928–APPLICATION SERVICE PROVIDER
AGREEMENT IN AN AMOUNT NOT TO EXCEED $62,600).
City of Denton City Council Minutes
December 4, 2007
Page 8
Kamp motioned, Heggins seconded to approve the ordinance. On roll vote, Heggins “aye’,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
B.Consider nominations/appointments to the City’s Boards and Commissions.
Deputy Mayor Pro Tem Mulroy nominated Salty Rishel to a regular position on the Zoning
Board of Adjustment. Deputy Mayor Pro Tem Mulroy nominated Ray Cox to an alternate
position on the Zoning Board of Adjustment. Council Member Heggins nominated Milliard
Heath to a regular position on the Zoning Board of Adjustment. Council Member Heggins
nominated Larry Walton to an alternate position on the Zoning Board of Adjustment. The City
Secretary’s office had not verified Mr. Walton’s application, so his nomination could not be voted
on at this meeting.
On roll vote to approve the nominations, Heggins “aye”, Kamp “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
C.Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
A.Ginger Ester regarding issues for the Council Code Enforcement
Committee to consider and concerns regarding city procedures for
access to information and accomplishing solutions to issues.
Ms. Ester stated that she had made calls to various city departments and received incorrect
information from city employees. She also stated that the city needed to look at city streets and
parks before looking at people’s properties as it relates to property maintenance issues.
D.New Business and Announcements
Mayor Pro Tem Kamp stated there was a feral cat society working for UNT and a national
movement to do trap, neuter, release for feral cats. She requested that the City Manager look
into the feasibility of allowing it in Denton.
E.City Manager’s Report
City Manager Campbell did not have any items for Council.
F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
December 4, 2007
Page 9
Regarding electric rates, Mulroy motioned, Kamp seconded to authorize the City Attorney to
exercise any legal remedies he deemed appropriate to protect the City’s interests regarding
electric rates. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
With no further business, the meeting was adjourned at 8:30 p.m.
____________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 11, 2007
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Closed Meeting on Tuesday, December 11, 2007 at 4:30 p.m.in the City Hall
Conference Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider the specific
items listed below under the Closed Meeting section of this agenda.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
1.Closed Meeting:
A.Consultation with the City’s Attorneys – Under Texas Government Code, Section
551.071
1.Consultation with the City’s attorneys to discuss legal issues associated
with City’s biodiesel production, and litigation involving same.
B.Consultation with the City’s Attorneys –Under Texas Government Code Section
551.071; and Deliberations regarding Real Property – Under Texas Government
Code Section 551.072.
1. Discussed, deliberated, and received information from Staff, and provided
Staff with direction pertaining to the purchase price of, the possible terms
of sale of, and valuation issues respecting the acquisition of an
approximate 0.278 permanent water easement and an approximate 0.197
acre temporary construction easement, both located in the Asa Hickman
Survey, Abstract No. 521 in the City of Denton, Denton County, Texas,
and being located along the north side of Roselawn Drive. Consultation
with the City’s attorneys regarding legal issues associated with the
necessary easement acquisition for the above easements, where a public
discussion of these legal matters would conflict with the duty of the City’s
attorneys to the City Council under the Texas Rules of Disciplinary
Conduct of the State Bar of Texas; or would jeopardize the City’s legal
position in any administrative proceedings or potential litigation involving
said real property. (Roselawn Drive Water Line Project)
At 6:00 p.m., the City Council attended a reception for Joe Roy in the City Council Work
Session Room.
Regular Meeting of the City of Denton City Council on Tuesday, December 11, 2007 at 6:30
p.m. in the Council Chambers at City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
City of Denton City Council Minutes
December 11, 2007
Page 2
2.PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
Mayor McNeill presented a proclamation for Joe Roy Day.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Council Member Watts requested that item 3I be pulled for separate consideration.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of 3I. On roll vote, Heggins “aye”, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
Item I was considered.
Mainord Todd spoke in opposition on Item 3I.
Lee Anne Todd spoke in opposition on Item 3I.
Watts motioned, Kamp seconded to approve Item 3I. On roll vote, Heggins “aye”, Kamp “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
A.R2007-042 - A resolution of the City of Denton, Texas authorizing the City
Manager, or his designee, as Denton’s authorized representative, to accept on
behalf of the City of Denton an offer from the Texas Department of
Transportation (TxDOT) relating to a grant for certain improvements to the
Denton Municipal Airport; confirming agreement to pay a portion of the total
project costs; and providing an effective date. The Airport Advisory Board
recommended approval (7-0). The Mobility Committee recommended approval
(3-0).
B.2007-283 - An ordinance amending Article V, Library, of Chapter 2 of the City
Code establishing operating policies and procedures; establishing fees for full
access library cards for nonresidents and students and for limited access punch
cards; providing a severability clause; providing for a penalty for each violation
not to exceed $500; providing for a savings clause; and providing for an effective
date. The Library Board recommended approval (6-0).
C.2007-284 - An ordinance accepting requests for proposals and awarding a
contract for the purchase of Long and Short Term Disability Benefits for the City
of Denton Employee Benefits Program; providing for the expenditure of funds
therefor; and providing an effective date (RFP 3921–Long and Short Term
Disability Benefits awarded to UNUM Life Insurance Company of America with
a cost of $0.31 per $100 of payroll per month, for an estimated annual cost of
$172,954).
City of Denton City Council Minutes
December 11, 2007
Page 3
D.2007-285 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the landfill gas extraction wells, gas collection
system, and installation of gas flares at the City of Denton Landfill; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3692–
City of Denton Landfill Gas Collection System awarded to Shaw Environmental
and Infrastructure, Inc. in the amount of $1,265,514). The Public Utilities Board
recommended approval (5-0).
E.2007-286 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Morse Street Channel Improvements; providing
for the expenditure of funds therefore; and providing an effective date (Bid 3847–
Morse Street Channel Improvements awarded to Laughley Bridge and
Construction, Inc. in the amount of $1,049,766). (The Public Utilities Board will
consider this item at the December 10 meeting.)
F.2007-287 - An ordinance accepting competitive bids and awarding a public works
contract for the replacement of chilled water piping for the City of Denton
Municipal Building, Civic Center, and Emily Fowler Library; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3923–Chilled
Water Piping Replacement awarded to Brandt Engineering in the base bid amount
of $448,041 plus an estimated Emergency Recovery Plan allowance of $25,000
for a total not to exceed $473,041).
G.2007-288 - An ordinance authorizing the City Manager or his designee to execute
a Professional Services Agreement with the firm of PGAL to provide architectural
design services for the City of Denton Public Safety Training Facility; authorizing
the expenditure of funds therefore, and providing an effective date (RFSP 3859 in
an amount not to exceed $1,496,935).
H.2007-289 - An ordinance amending the Tax Abatement Agreement with Fastenal
Company to extend the construction deadline; and providing an effective date.
I.2007-290 - An ordinance declaring that a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 0.278 acre permanent water easement and an approximate 0.197 acre
temporary construction easement, both located in the Asa Hickman Survey,
Abstract No. 521 and both being within a parcel of land conveyed to Lee Anne
Todd by deed recorded as Document Number 94-R0001091 in the real property
records of Denton County, Texas; authorizing the City Attorney, or his designee,
to acquire the easements through agreement or eminent domain; and providing an
effective date. (Roselawn Drive Water line Project)
J.R2007-043 - A resolution re-establishing a standing committee of the City
Council of the City of Denton for council appointee performance reviews;
appointing the members of the committee; and providing an effective date.
K.2007-291 - An ordinance extending the term of the employment agreement
between the City of Denton and Edwin M. Snyder as the City Attorney of the City
of Denton; and providing an effective date.
City of Denton City Council Minutes
December 11, 2007
Page 4
Mayor McNeill requested that Items 5A, 5B, 5C, and 5D be considered. Consensus of the
Council was to consider those items next on the agenda.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance on second and final reading,
under the annexation procedures for areas exempted from the municipal annexation plan, the
annexation and service plan for approximately 1018 acres. The property to be annexed was
generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and
north of US 380.(A07-0005, Clear Creek Natural Heritage Area Annexation) The Planning and
Zoning Commission recommended approval (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
and final reading of this annexation plan. This annexation was exempted from the municipal
annexation plan. The future land use map designated a majority of this property in 100 year
flood plan. A nature center was planned for future use. The Service Plan and Service Plan
Analysis were included in the backup materials.
The following ordinance was considered:
NO. 2007-292
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TRACTS OF
LAND CONSISTING OF APPROXIMATELY 1,018 ACRES, CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE WEST
SIDE OF THE ELM FORK TRIBUTARY OF THE TRINITY RIVER, EAST OF
COLLINS ROAD, AND NORTH OF US 380, AND LEGALLY DESCRIBED AS SET
FORTH IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN
BY REFERENCE, APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A07-0005)
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor
McNeill “aye”. Motion carried unanimously.
B.The Council considered adoption of an ordinance on second and final reading
under the annexation procedures for areas exempted from the municipal annexation plan, the
annexation and service plan for approximately 0.123 acres of land. The property to be annexed
was generally located northeast of F.M. 2181/ Teasley Lane, west of Old Alton Road. The
property was legally described as a tract of land situated in the J Baker Survey, Abstract No.
A0047A, Denton County.(A07-0004, Wild Mustang Crossing Annexation) The Planning and
Zoning Commission recommended approval (5-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was the second
reading of this annexation that was exempted from a municipal annexation plan. The owner of
the property requested the annexation to allow him to develop the site sometime in the future.
All state mandates for the annexation had been met to date. There were no written responses in
City of Denton City Council Minutes
December 11, 2007
Page 5
favor or opposition to the request. The Service Plan and Service Plan Analysis had been
included in the backup materials.
The following ordinance was considered:
NO. 2007-293
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 0.123 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHERN AREA OF THE
CITY’S EXTRATERRITORIAL JURISDICTION (ETD); GENERALLY NORTHEAST
OF F.M. 2181/TEASLEY LANE, WEST OF OLD ALTON ROAD; APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE. (A07-0004)
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
C.The Council considered an appeal of the Planning and Zoning Commission denial
of a hardship variance request. A hardship variance was requested to Subchapter 35.20.2.L. of
the Denton Development Code regarding the requirement for perimeter road improvements. The
approximately 2.6-acre property was located at the southwest corner of West Collins Street and
Locust Street. The subject site was located within a Downtown Commercial General (DC-G)
zoning district. The Planning and Zoning Commission denied the variance (3-2) on October 24,
2007.(V07-0016, T. Garcia Office Building - Road Improvements)
Brian Lockley, Interim Director of Planning and Development, state that this was an appeal of a
Planning and Zoning Commission denial of a hardship variance request. In October 2007, Isbell
Engineering on behalf of Ms. Garcia presented a hardship variance regarding the requirement for
perimeter road improvements. Current standards required the improvement of the roadways
along the property frontage to class standards for a commercial collector. An office building was
proposed on the site. The applicant’s new representative contacted the Planning Department in
November to file an appeal to the Commission’s denial. Staff had suggested platting the
property into two lots, and final platting only the lot which the office building was to occupy;
doing so would relieve the applicant from constructing the roads along the entire property, and
permit them to only be responsible for the road along the platted lot. The applicant did not wish
to plat the property into two separate lots to avoid restricting future expansion of the proposed
office building. Staff was concerned about the uncertainty of any future development because if
the variance was granted for the frontage of the lot, then the variance would extend to the entire
site and the City would have to pay for any additional improvements that would take place in the
future. The Denton Development Code provided that a hardship variance may be granted if it
met five requirements that staff reviewed to determine whether or not to support the variance.
Those requirements and staff analysis were listed in the council’s agenda backup materials. Staff
had met with the applicant and discussed how to assist with the variance and still have protection
for the city for future development.
City of Denton City Council Minutes
December 11, 2007
Page 6
Council discussed the difference between a hardship variance and an exaction variance and
which of the two variances applied to this case.
Ed Snyder, City Attorney, stated that a hardship variance involved such aspects as health, safety
and welfare, whether the property had a unique condition to be considered. An exaction variance
would include restrictive covenants with the property to ensure conditions would remain.
Larry Reichhart, Spring Brook Planning, spoke on the case. He felt that the proposal should be
an exaction variance as opposed to a hardship variance. He suggested that the applicant would
be agreeable to conditions being tied to the variance including future improvements would
trigger the required improvements to Collins Street to commercial collector status. They did not
have a problem with placing restrictive covenants on the property. He did suggest a change from
the requirement that an additional 500 square footage of development would trigger the required
street improvements and suggested an expansion of 1200-1250 square feet to trigger the street
improvements.
Deputy Mayor Pro Tem Mulroy asked if the case could be continued until a valuation of the
improvements was completed.
City Attorney Snyder stated that the proposal would have to go back to the Planning and Zoning
Commission if it were changed from a hardship variance to an exaction variance.
Thomson motioned, Heggins seconded to remand the case back to the Planning and Zoning
Commission for consideration of an exaction variance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
D.The Council considered adoption of an ordinance of the City of Denton, Texas
prohibiting parking on the north side of Scripture Street from its intersection with Bryan Street to
its intersection with Ponder Street; providing a repealer clause; providing a savings clause;
providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an
effective date. The Traffic Safety Commission recommended approval (8-0).
Frank Payne, City Engineer, stated the City had received a request from City Parc Apartments
for no parking on the north side of Scripture Street from Bryan Street to Ponder Street. Vehicles
were parking very close to the driveway, restricting the slight distance for vehicles exiting the
apartment complex both to the east and the west. The Traffic Safety Commission had heard the
case and was in agreement to the change.
The following ordinance was considered:
NO. 2007-294
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING
ON THE NORTH SIDE OF SCRIPTURE STREET FROM ITS INTERSECTION WITH
BRYAN STREET TO ITS INTERSECTION WITH PONDER STREET; PROVIDING
A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
City of Denton City Council Minutes
December 11, 2007
Page 7
PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp
“aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill
“aye”. Motion carried unanimously.
Council returned to the regular agenda order.
4.PUBLIC HEARINGS
A.The Council was to continue a public hearing and consider adoption of an
ordinance regarding the rezoning of an approximately 11.21-acre tract of land from a
Neighborhood Residential–2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4)
zoning district. The tract of land was located on the east side of Country Club Road,
approximately 475 feet south of Regency Court. (Z07-0015, Nelson/Orr Property) The
Planning and Zoning Commission recommended approval (3-1). A supermajority vote by
Council was required for approval due to property owner opposition.
This request was withdrawn by the applicant.
B.The Council held a public hearing and considered adoption of an ordinance for a
Specific Use Permit to allow a drive through facility in conjunction with a pharmacy. The
approximately 3.805 acre site was located within a Downtown Commercial General (DC-G)
zoning district. The property was located between Oak Street and Hickory Street and between
Fry Street and Welch Street. (S07-0002, Fry Street Village) The Planning and Zoning
Commission recommended approval (5-1).
Brian Lockley, Interim Director of Planning and Development, stated that this was a request for
a specific use permit associated with a drive-through facility in conjunction with a pharmacy.
The proposed drive-through facility would be located adjacent to the rear of the building and
minimized impediments to pedestrian access. The Engineering Staff had reviewed the drive-
through calculations provided by the applicant and had determined the projected drive-through
trips to be reasonable. The applicant was providing the required 120 feet of stacking for the
drive-through facility. The Transportation Criteria Manual of the Denton Development Code
stated that drive-through facilities that averaged between 1-10 vehicle trips required 120 feet of
stacking distance. The Code also noted the number of vehicle trips was supplied by the
applicant. Information submitted by the consultant engineers was that the average number of
trips was 8 with stacking of 120 feet needed. There were several different ways to access the
drive-through on the proposed site plan and he reviewed the trip requirements for the drive-
through. The Denton Development Code also outlined five criteria for approval of a specific use
permit. First, the use must be compatible with and not injurious to the use and enjoyment of
other property nor diminish or impair property values within the immediate vicinity. Second, the
establishment of the specific use would not impede the normal and orderly development and
improvement of surrounding vacant property. Third, adequate utilities, access roads, drainage
and other necessary supporting facilities had been or will be provided. Fourth, the design,
location and arrangement of all driveways and parking spaces provided for the safe and
convenient movement of vehicular and pedestrian traffic, without adversely affecting the general
public or adjacent developments. Fifth, adequate nuisance prevention measures had been or
City of Denton City Council Minutes
December 11, 2007
Page 8
would be taken to prevent or control offensive odor, fumes, dust, noise and vibrations. Staff
determined that all of these conditions had been met and the Planning and Zoning Commission
recommended approval 5-1. The Fry Street Small Area Plan took into account specific
requirements of this neighborhood. Those included litter; beautification and solid waste
collection; parking/traffic; social concern and safety; property maintenance; and community
character. Concerns of the neighborhood centered on the drive- through facility and not the use
of the property.
Council asked questions and discussed the approval of the site plan by the Planning and Zoning
Commission, the traffic study, the trip analysis for the property, who supplied the trip
information and when the information was supplied, stacking requirements based on the trip
analysis, the number of parking spaces for the development and traffic flow through the
development.
The Mayor opened the public hearing:
The following individuals spoke during the public hearing:
Charles Stafford, 1903 Williamsburg, Denton, 76209 – support
John Morris, 918 West Oak, Denton, 76201 - opposed
Tim Sandifer, United Equities - support
Tom Simerly, Deshazo, Tany and Associate – favor (traffic engineer)
Council questioned that people would be walking though cars in the drive-through to enter the
back door of the pharmacy and the need to mark the crossways. Council also questioned the
petitioner if he was aware of Denton’s zoning and ordinances regarding a drive-through. Mr.
Sandifer replied yes that it was a typical requirement for a specific use permit in most cities.
Speakers at the public hearing continued -
Mike Cochran, 610 West Oak, Denton, 76201 - opposed
Mary Anderson, 924 West Oak, Denton, 76201 - opposed
Donna Morris, 918 West Oak, Denton, 76201 - opposed
Chuck Voellinger, 1428 Oxford Lane, Denton, 76209 - opposed
Glen Haas, 1901 Colorado Blvd., Denton, 76205 - opposed
Salty Richel, 1003 West Oak, Denton, 76201 - opposed
Katie Trice, 213 Maple Street, Denton, 76201 - opposed
Matthew Barnhart, 904 Panhandle, Denton, 76201 – opposed
David Wright, 1819 West Oak, Denton, 76201 - opposed
Peggy Capps, 915 West Oak Street, Denton, 76201 - opposed
Sandra Hammond, 2002 West Hickory, Denton, 76201 - opposed
Dan Hammond 2002 West Hickory, Denton, 76201 - opposed
Darlene Mullenweg, 711 West Oak, Denton, 762011 - opposed
Robert Milnes, University of North Texas - support
Deborah Leliaert, University of North Texas - support
Jean Schaake, University of North Texas - support
John Warren, 516 Coronado, Denton - support
Tom Harpool, 2222 Houston Place, Denton, 76201 - support
Debbie Johnson Stafford, 1903 Williamsburg, Denton, 76209 - support
Gene Hartman, 116 Fry Street, Denton, 76201 - support
City of Denton City Council Minutes
December 11, 2007
Page 9
Richard Hayes, 819 West Oak, Denton, 76201 - support
Paul Mayer, Garland Chamber of Commerce - support
Nita Thurmon, 136 Garza Road, Shady Shores, 76208 - support
Tim Peters, 1015 Egan Street, Denton, 76201 - support
Julius Bershell, 3225 Evers Parkway, Denton, 76207 - support
Caroline Polliard 1800 West Oak Street, Denton, 76201 - opposed
Erin O’Toole, 1428 Oxford Lane, Denton, 76209 - opposed
Lilliana Wright, 1819 West Oak, Denton, 76201 - opposed
Quentin Schmieding, 921 Ector, Denton, 76201 – opposed
Buster Freedman, United Equities - favor
Tim Sandifer was allowed a five minute rebuttal - support
The Mayor closed the public hearing
The following Comment Cards were submitted but not presented at the meeting:
Julie Lantrip, Denton – opposed
Ed and Carol Soph, 1620 Victoria Drive, Denton, 76209 – opposed
Tiffany Miller, 1721 Teasley Lane #354, Denton, 76205 – opposed
David Young, 1809 Crow, Denton, 76201 – opposed
Amarie Carnett, 708 Roberts, Denton, 76209 – opposed
Howard Draper, 1222 Coit, Denton, 76201 – opposed
Bob Moses, 115 West Hickory, Denton, 76206 – opposed
Ellen Chenoweth, 201 Solar Way, Denton, 76207 – opposed
Sara Elsbery, 921 Ector, Denton, 76201 – opposed
Christina Shoto, 708 Thomas, Denton, 76201 – opposed
Matt Pence, 2017 N. Bell, Denton, 76209 – opposed
Rick and Teel Sale, 1015 West Oak, Denton, 76201 – opposed
Melanie and Robert Gomez, 1402 Scripture, Denton, 76201 – opposed
Margaret Johnston, 609 West Oak, Denton, 76201 – opposed
John Bennett, 812 West Oak, Denton, 76201 – opposed
Chris Oller, 223 West Sycamore, Denton, 76201 – opposed
Wallace Campbell, 23091 Bolivar, Denton, 76201 – opposed
Joyce Palmer, 1905 West Oak, Denton, 76201 – opposed
Sara Carey, 619 West Oak, Denton, 76201 – opposed
Bernardo Cantu, 71 W. Hickory, Unit 2B, Denton, 76201 –opposed
Darlene Stewart, 2003 West Oak, Denton, 76201 – opposed
JoAnn Rishel, 1003 West Oak, Denton, 76201 – opposed
Martin Iles, 108 West Oak, C, Denton, 767201 – opposed
Nancy Viens, 308 Normal Street #19, Denton, 76201 – opposed
Dolores Vann – opposed
Ben Huttash, 802 Oak, Apt. 1, Denton, 76201 – opposed
Sarah Young, 716 Egan, Denton, 76201 – opposed
Patrice Lyke, 1109 Egan, Denton, 76201 – opposed
Mark Coomes, 391 Ruth Street, Denton, 76205 – opposed
Peter Salisburg, 211 Hann, Denton, 76201 – opposed
Charissa Barmlett, 409 Panhandle, Denton, 76201 – opposed
Devin Taylor, 921 N. Carroll, Denton, 76201 – opposed
Justin Collins, 1401 Anna Street, Denton, 76201 – opposed
City of Denton City Council Minutes
December 11, 2007
Page 10
Justin Steward, 409 Panhandle, Denton, 76201 – opposed
Darby Binder, 1900 West Hickory, Denton, 76201 – opposed
Timothy Stoltzfus, 118 Fry Street, Denton, 76201 – opposed
Douglas Crain Northcutt, 5201 Par Drive, #1916, Denton, 76208 – support
Earnestine Lewis, 500 Chisholm Trail, Denton, 76209 – support
Montgomery motioned, Heggins seconded to adopt the ordinance.
Council presented their opinions regarding the merits of the proposal.
On roll vote to approve, Heggins “aye”, Kamp “nay”, Montgomery “aye”, Mulroy “nay”,
Thomson “nay”, Watts “nay”, and Mayor McNeill “aye”. Motion failed with a 3-4 vote.
5. ITEMS FOR INDIVIDUAL CONSIDERATION – continued
E.The Council considered nominations/appointments to the City’s Boards and
Commissions.
Deputy Mayor Pro Tem Mulroy did not have a nomination for the Planning and Zoning
Commission.
Council Member Heggins had previously nominated Larry Walton to the Zoning Board of
Adjustment. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”,
Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
F.Citizen Reports
1.Council reviewed procedures for addressing the City Council.
2.Council received citizen reports from the following:
A.Jennifer Cole regarding follow-up on drilling in the ETJ and
Reichmann Petroleum.
Ms. Cole stated that this was a follow-up from her previous citizen report. Reichmann
Petroleum had filed bankruptcy and the City’s lawsuit was not settled. Last week residents
received letters that geophysical testing would soon be done on the site. It appeared that the
lease had been flipped to a new company. Flooding around the area was a continuing problem.
She requested Council deny drilling at the site and file an injunction on the site while the lawsuit
was ongoing unless the action was it was to return the area to its original condition.
B.Jana DeGrand regarding follow-up on drilling in the ETJ and
Reichmann Petroleum.
Ms. DeGrand stated that she was updating the drilling in the ETJ and Reichmann Petroleum.
The elevation of the pad site was causing flooding on their property. She asked for injunctive
relief until the safety issue was resolved.
City of Denton City Council Minutes
December 11, 2007
Page 11
G.New Business and Announcements
Mayor McNeill requested a follow-up on the two citizen reports presented at the meeting.
H.City Manager’s Report
City Manager Campbell did not have a report.
I.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
J.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 10:45 p.m.
___________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 7, 2008
After determining that a quorum was present, the City Council convened in a Council Follow-Up
Planning Session, on Monday, January 7, 2008, at 8:30 a.m. at the Denton Civic Center, 321 E.
McKinney.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
ITEMS FOR DISCUSSION:
1.The Council received an update, discussed and gave direction concerning the long and
short term goals and objectives of the city, including without limitation, goals and objectives
related to city services, finances, budget, planning, zoning and development, operations,
environment, transportation, intergovernmental relations, boards, commissions and committees
and meetings.
City Manager Campbell stated that staff would be presenting the status on items Council had
discussed in September plus a few new issues. This would set the work program for the next 3-6
months.
Jon Fortune, Assistant City Manager, updated Council on the following items:
Bond election – Staff was in the process of gathering recommendations and preparing a list
of projects to recommend to an oversight committee. A preliminary time line had the
Council appointing a citizen bond committee in September 2008 to develop the proposed
capital program for a November 2009 election. At that time, Council would also develop a
charge for the committee. Staff was also looking at an April - May bond sale as approved in
the budget.
CAFR – It was expected to complete the year-end financials in February with a presentation
of the audit report to the Audit/Finance Committee in March followed by a presentation to
the full Council.
Tech Service Director search – Staff was in the process of developing a recruitment
brochure. A firm had been hired to assist with the search and a list of advertising tools had
been approved to solicit interest in position. Interviews were anticipated in late March.
TMRS – Staff was looking at the long term financing and programs for TMRS. There was
no concern that TMRS was having problems. The focus from TMRS was to look at current
policies and strategies to see if they needed to adapt to a more current market structure. That
change might have positive/negative impact on the city. Staff would provide Council with
an analysis in the near future.
Fixed Asset Module Implementation – There was a need to implement this type of module in
the financial system. Currently this information was in spread sheets with some
inconsistencies in depreciation. JDE had a module that would work well for the city.
City of Denton City Council Minutes
January 7, 2008
Page 2
Financial Forecast/Budgeting – this process would start in April with the Audit/Finance
Committee. The proposed budget would be presented to Council in July to begin budget
discussions.
Two key projects in facilities. First was the chill water line for the Emily Fowler Library,
the Civic Center and City Hall. Council had approved the replacement of those lines with
the project being completed before the Arts and Jazzfest. Second was the replacement of all
the windows in City Hall. There would be some minor changes in the look of the windows
but the O’Neill Ford look would be maintained.
Discussion -
Replacement of the windows would be expensive but over the years the cost would be made
up in energy savings. Fortune stated that $100,000 was approved in this budget for the
replacement.
Provide Council with an organizational chart with a breakdown of who was responsible for
which departments.
Was the City’s bond counsel in favor of issuing more city bonds? Fortune replied that First
Southwest would notify the City if they felt it was not an appropriate time to issue bonds.
Howard Martin, Assistant City Manager, reviewed the following items:
Special Events – Martin provided an update on special events and recycling at special
events. He indicated that staff was ready to bring an ordinance forward if Council agreed
with the basic premise of the ordinance. Events were broken down into various categories
with each event promoting recycling. It would allow event planners to elect to participate in
this program.
Council discussed whether to make recycling mandatory outside major park facilities such as at
smaller city parks. One option was that city sponsored events and all events held on city
property should have mandatory recycling.
Martin stated that the process could be done but the question was how it would be paid. Either
the City paid or the event planner. The City currently provided some services when sponsoring
an event but not in all cases.
Discussion -
At the prior retreat, Council had expressed a concern about overspending at city-sponsored
events. Council needed to look at different levels of events and determine appropriate levels
where the city would provide funding. Separate from that was the recycling issue. The
Council Committee on the Environment had recommended making recycling mandatory at
events in city facilities. Council should go forward with mandatory recycling for events on
city property.
What kind of implementation problems might be encountered? Martin replied that staff
would work on an educational process for people attending the events.
City of Denton City Council Minutes
January 7, 2008
Page 3
City Manager Campbell stated that it still left unanswered the question of funding. There needed
to be a point where enough money was budgeted for the City to provide service or look at levels
of where to not fund and understand that there would be concerns from the public. Staff could
develop options for Council to consider on which level to fund.
Put in options to consider whether to rent barricades for street closures.
Develop a history of the average amount of city money spent on events and how much
money those events generated.
The process should be user friendly for consistency in services that would be provided.
Airport developments – Staff was working on development concepts for the airport and the
framework for additional development. Martin provided an update on where they were in
the process and needed to know if Council felt they were on target for the plan. If on target,
staff would like to take the plan to the Airport Advisory Board.
Discussion-
$250,000 seemed a high cost for a business plan. Martin stated that staff would like to see
the business plan generated at the staff level with assistance from an outside individual rather
than totally developed from the outside.
Council discussed future financial issues associated with the airport including TxDOT funding,
gas well revenues, whether the City should be the developer of the airport with future developers
repaying the costs of the initial infrastructure.
Council discussed the use of gas well revenues with a consensus to use gas well money for
development of infrastructures such as water lines, etc. and recover the costs when the property
was developed.
Quiet zones – Martin provided additional information on quiet zones for the railroads.
Council Member Thomson felt this was important information and would like to see the
technology implemented.
Water system Infrastructure Modeling – staff was almost finished working on identifying the
infrastructures needed for service. 2008 would be the year to update impact fees.
Council Member Montgomery stated that the North Texas State Fair was considering moving to
the west side of I35 and Ganzer Road south of the truck stop. Water and sewer service would be
needed in that area. He requested the figures of what would be the cost to extend water/sewer in
sufficient volume for the area.
Council Member Thomson stated that recycling was not done with the construction of homes for
Habitat for Humanity. He suggested the City provide large blue carts for those sites to
encourage recycling during the construction.
City of Denton City Council Minutes
January 7, 2008
Page 4
Fred Greene, Assistant City Manager, provided the following updates:
Planning Services – With the arrival of Mark Cunningham, a reorganization of the Planning
Department was in progress. A flow chart of the planning process was being developed to
see what groups did what services and when. Staff would be designing a readable document
for developers to use during the planning process. A one-stop customer service area was
being designed. Proper statistics in the neighborhood services area along with productivity
statistics were also being developed.
Tech Services Review – This will be done in the future to discuss with customers of IT
services. A user committee would be established to determine services, true costs of IT
services and prepare a benchmark on where IT is now and long range hopes of future
projects.
Regional Public Safety Training Facility – The funding had been approved for the facility
and the architectural engineering of the project was ready to begin. A small city committee
made up of the Fire Chief, Police Chief, a member of Facilities Maintenance, a member of
the Planning Department, a representative each from NCTC, the Police Department and Fire
Department would be working on the design. It was anticipated that the design would be
completed in April and out for bid in May with completion of the facility by the fall of 2009.
Expansion of South Branch Library – The expansion had been delayed for a long time due to
the storm water drainage issue in the area. This project was ready to go out for bids in
February of this year with 12-13 months to complete.
Growth Management Study – This study was still on-going.
Senior Center Expansion – The expansion was underway with the bids let and a completion
date anticipated for May.
Police Department Expansion – This expansion would bring unity of command and would
take 4-5 months to complete.
Red Light Cameras – It was on TxDOT’s agenda for 5 additional cameras to be installed.
They would mostly be located on University Drive.
Animal Services Feral Cat Issue – The current practice was in violation with the current
ordinance. The ordinance would be changed to be in compliance with trap, neuter, and
release practice.
Discussion –
Was it possible to assist neighborhood groups financially when they were striving to
maintain current residential development standards? City Attorney Snyder indicated that
there probably would be legal concerns with that type of proposal. The city would have to
remain neutral in zoning cases and spending public funds for such a cause would be of a
concern.
City of Denton City Council Minutes
January 7, 2008
Page 5
Some of the Fry Street developers had contacted Council to discuss the type of development
appropriate for the area and for ideas on how to develop the area. City Attorney Snyder
stated that Council needed to be careful to meet with developers or to suggest how to develop
their property. Council could meet but not give opinions to the developers. Be there to
listen.
2.The Council received a report, held a discussion and gave staff direction regarding
development issues.
City Manager Campbell stated that Council Member Watts had requested this item for
discussion.
Council Member Watts stated that he receives calls from developers regarding different issues in
the development process. He was specifically interested in public infrastructure improvements
such as streets, sewer, utilities, etc. His specific concern was the policy if part of a public
infrastructure improvement was not indicated on a plan and was overlooked during the review
process. Would the City still require the developer to perform the improvements and/or was
there any provision to waive those improvements by the developer and the City do the
improvements? He felt that for the City to take responsibility, it would have to be something
very large. He questioned if some type of process needed to be in place for the City to take on
those costs as it would be the City’s fault not to require it in the first place.
City Attorney Snyder stated that the City could impose action at any phase of development.
However, once permits were issued additional regulation could not be imposed.
City Manager Campbell stated that he would be reluctant to get into a situation that once a
building permit was approved that would absolve a developer from following the code as
written. He didn’t want the mentality of if the City didn’t catch it then the City would pay for it
and let the developer out of it as that might encourage developers to not do a complete job.
City Attorney Snyder stated that if the City made a mistake, it did not prevent the City from
enforcing city ordinances. The public interest could not be taken away with a mistake. Staff had
the legal responsibility to enforce the code. The policy allowed developers to make a variance
request without a corresponding plat application. A policy could be developed that a plan
application must be made with a variance request.
Mayor McNeill felt that the problem needed to be handled in an equitable way. He suggested
tracking how many times this was happening and who made the problems regarding
developments.
Assistant City Manager Greene stated that staff was developing a unified method of keeping
notes of meetings so that everything was well documented.
Council discussed the proportionality model. Assistant City Manager Martin stated that there
was a limitation on the exaction model and that there were special circumstances in some
situations.
City of Denton City Council Minutes
January 7, 2008
Page 6
Deputy Mayor Pro Tem Mulroy suggested a half day work session with the Planning and Zoning
Commission. Council had requested such a session earlier and now might be a good time to get
one scheduled.
3.The Council received a report, held a discussion and gave staff direction regarding the
quarterly financial report.
Bryan Langley, Director of Finance, presented the Quarterly Financial Report, September 30,
2007. He indicated that the report was prepared in a new format that should be easier to read.
Overview – The Finance Division was responsible for providing timely and relevant financial
information. The report should be forward looking, provide meaningful information on
developing economic and financial trends, and assist staff and council with assessing the City’s
financial capabilities. Staff had developed a financial dashboard of the major operating funds.
This was a one page snapshot of the major operating funds with key trends and graphical
information.
Electric fund - Operating revenues were 5% lower than the budgeted amount due to the lowered
ECA. Non-operating revenues exceeded the budget by 84% due to higher interest earnings.
Purchased power and operation and maintenance expenses were 8% and 9% lower than their
budgeted amounts respectively due to lower dues costs, unspent reserves, and lower ROI
payment.
Water fund - Water sales from both residential and commercial customers declined by 15% to
the budgeted amounts primarily due to a mild and wet year. Due to the mild and wet year,
overall water expenses were 16% below the FY 2006-07 budgeted level.
Wastewater fund - overall revenues were 3% higher than the budgeted amount primarily due to
increased interest earnings. Overall expenses were 13% lower than the budgeted amount
primarily due to $1.5 million in savings related to authorized but unspent reserves.
Solid waste - total revenues were 7% higher than the budgeted amount due to higher interest
earning and landfill fees.
The financial summary information provided more detailed information of all of the above
accounts.
City Manager Campbell indicated that staff would like to get this report to Council as quickly as
possible and as it was not a policy issue questioned if it needed to go to the Audit/Finance
Committee before going to Council.
Consensus of the Council was that it was not mandatory that the Audit/Finance Committee
review the report before it went to Council.
Assistant City Manager Fortune stated that the Audit/Finance Committee would either discuss
the previous quarter report or if the report were ready during the time the Committee would
meet, look at the report and then submit it to Council.
City of Denton City Council Minutes
January 7, 2008
Page 7
Langley reviewed the economic indicators. The unemployment rate for the past ten years was
looked at as that had an impact on what would happen to the housing market. They also looked
at the Texas leading indicators index. The last section of the report was the investment portfolio
composition. The Investment Committee met on a quarterly basis. Currently there was $312
million in the portfolios. He reviewed an investment yield summary from 2001-2007.
Mayor McNeill requested a drainage project report indicating when a project would start and the
amount of money involved in the actual project.
Council Member Montgomery asked about the status of the foreign trade zones. Mayor McNeill
stated that the Economic Development Partnership Board had completed the paperwork. The
city, county and school district had to approve the zones. The work was in progress.
Mayor McNeill suggested the next retreat be in the September time frame.
With no further business, the meeting was adjourned at 11:35 a.m.
________________________________
PERRY MCNEILL
MAYOR
CITY OF DENTON, TEXAS
_________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 8, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 8, 2008 at 4:30 p.m.in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
1.Staff responded to requests for clarification of agenda items listed on the agenda for
January 8, 2008.
City Manager Campbell indicated that the ordinance for the Aldi project had been changed from
what was in the agenda packet. There were also changes in the ordinance for the Rayzor Ranch
public hearing. A discussion of the changes for Rayzor Ranch would be included in Work
Session #4.
Council Member Watts questioned when the abatement for Aldi would begin.
Linda Ratliff, Director of Economic Development, stated that Aldi must build the road in order
to receive the tax abatement. The purpose to escrowing the funds was to ensure that it would be
done. Aldi had asked that the certificate of occupancy not be held up for the building of the
road. The tax abatement would be given once the road was built.
Deputy Mayor Pro Tem Mulroy asked if the road improvement was considered part of the
platting process.
Frank Payne, City Engineer, stated yes that it was done currently.
Deputy Mayor Pro Tem Mulroy asked if it were in writing to delay the public improvements and
still get a building permit and certificate of occupancy.
City Attorney Snyder stated that the agreement indicated that the certificate of occupancy and the
building permit would be issued prior to the completion of the public improvements which
contradicted code. Language needed to be added to the ordinance addressing this issue.
2.The Council received a report, held a discussion, and gave staff direction regarding
projects to be included in Denton’s FY 2009 Congressional Priority Project requests.
John Cabrales, Public Information Officer, stated that draft proposals of the projects were
included in the agenda materials. Allthree projects were part of the 2007 priorities. The city had
received COPS Technology funding which would reduce the amount requested for the training
facility.
Consensus of Council was to proceed with the projects as listed.
3.The Council received a report, held a discussion and gave staff direction regarding the
rezoning of approximately 3,256.92 acres of land from the initial zoning of a Rural Residential
(RD-5) zoning district to the Cole Ranch Master Planned Community (Cole Ranch MPC) zoning
City of Denton City Council Minutes
January 8, 2008
Page 2
district. The property was generally located west of Interstate 35 West, south of Tom Cole Road.
(MPC07-0002, Cole Ranch MPC)
Brian Lockley, Planning Manager, stated this was one of the three master planned communities
processed during the past year. Overall the project still met the Comprehensive Plan land uses.
He reviewed the current zoning plan, surrounding zoning and the phasing plan. The land use
summary and commercial development summary were reviewed as well as the residential
density and airport compatibility. Three key issues to the development included (1) airport
development, (2) ESA areas, and (3) development within the flood plain. A significant portion
of the Cole Ranch MPC was within the Airport Compatibility Land Use District 2. The
Development Code indicated that the development must meet the noise mitigation standards or
provide an aviation easement. The proposed Cole Ranch ordinance would require both an
aviation easement and the application of the noise mitigation standards. Cole Ranch was
proposing an alternative development plan process to be included within the MPC. He reviewed
the general guidelines that would apply to all Cole Ranch DSA’s and any proposed impacts and
subsequent mitigation.
O. C. Vest, Stafford Company, stated that if the environmentally sensitive areas were being
replaced, it would be done on an acre for acre basis. If existing environmentally sensitive areas
were being enhanced, it would be done on a 2:1 ratio.
Lockley stated that in regards to development within the flood plain, the current regulations
allowed for development under certain conditions. The applicant was proposing to deviate from
the requirement and provide standards and requirements to ensure the protection of the
floodplain. He reviewed existing restrictions, minimum elevations and valley storage.
Deputy Mayor Pro Tem Mulroy expressed a concern that the City might be setting a precedent
on the type of land that might be reclaimed. He asked if there was a way to determine which
type of floodplain could be reclaimed and define it better.
Lockley replied that staff would look at the impact of flood plain on development.
4.The Council received a report, held a discussion and gave staff direction regarding
proposed rezoning and amendments applicable to the Rayzor Ranch Overlay District on
approximately 410 acres of land, generally located on both sides of West University Drive / U.S.
Highway 380, and being generally located between IH-35 and Bonnie Brae Street. (Z06-0029
and Z06-0030, Rayzor Ranch)
Chuck Russell, Planning Supervisor, reviewed the north and south portions of the proposed
development. The northern portion would contain a combination of retail and single family
residential uses. The southern portion would contain a combination of retail, residential (both
single family and multifamily), two hotels, offices, museums, and park uses. Fifty percent of the
non-residential uses must be occupied prior to issuing the first permit of multi-family. The
Council would be considering the third phase of the project at this time. Russell reviewed the
components of that phase as listed in the agenda materials. The DME Substation was a large
issue still to be considered and was a critical path to complete the project. A conveyance of the
property for the substation would be included in the development plan.
City of Denton City Council Minutes
January 8, 2008
Page 3
Consensus of the Council was that the project seemed to be progressing properly.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 6:07 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1.Closed Meeting:
A.Consultation with Attorney – Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues, including defense of
pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real
property in the City’s northern ETJ, under Annexation Case No. A05-0002, along with
other legal issues related to the annexation, zoning, land use and subdivision controls,
plat applications, annexation plans, development agreements, settlement, annexation
agreements, service plans, utility service, and legal issues relating to the creation of
special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public
discussion of these legal matters would conflict with the duty of the City’s attorneys to
the City Council under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas or would jeopardize the City’s legal position in any administrative
proceedings or potential litigation.
Regular Meeting of the City of Denton City Council on Tuesday, January 8, 2008 at 6:30 p.m. in
the Council Chambers at City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.PROCLAMATIONS/PRESENTATIONS
Mayor McNeill read a letter from a lady in Oklahoma responding to DME employees who
helped out during recent ice storm.
Mayor McNeill presented a proclamation for National Mentoring Month.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent Agenda.
Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”,
Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried
unanimously.
A.2008-001 – An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Ambulance Service Agreement between the
City of Denton and Denton County for ambulance services; and declaring an
effective date.
City of Denton City Council Minutes
January 8, 2008
Page 4
B.2008-002 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Fire Protection Agreement between the City of
Denton and Denton County for fire protection services; and declaring an effective
date.
C.2008-003 - An ordinance approving an agreement between the City of Denton,
Texas and the Denton Chamber of Commerce; and providing an effective date.
The Economic Development Partnership Board recommended approval (7-0).
D.2008-004 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and Opening Doors Immigration Services for provision
of assistance to victims of domestic violence; providing for the expenditure of
funds therefor; and providing for an effective date. ($500)
E.Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
bank Real EstateDCAD Sulemental Chane 2006 $ 6,814.71
1. Evers Parks Ltd/Keyppg
2. First American/Nationstar Mortgage2006 Overpaymen2006 $ 1,488.56
t
3. Ezell Air, Inc DCAD Sulemental Chane 2006 $ 861.51
ppg
4. GCBSXX, LLC DCAD Sulemental Chane 2006 $ 829.90
ppg
5. Ezell Air, Inc DCAD Sulemental Chane 2006 $ 722.39
ppg
F.2008-005 - An ordinance authorizing the City Manager to execute a Water Main
Cost Participation Agreement between the City of Denton, Texas and Robson
Denton Development L. P. for the City’s participation in the oversizing of water
mains and in accordance with the terms and conditions of this ordinance;
authorizing the expenditure of funds therefor; and providing an effective date. (In
the not-to-exceed amount of $247,308.26). The Public Utilities Board
recommended approval (6-0).
G.2008-006 - An ordinance of the City of Denton authorizing the Mayor to execute
an amendment to that certain Tax Abatement Agreement with Aldi (Texas) L.L.C.
approved by the City Council on August 21, 2007, by providing that, as a
condition of the Abatement, Aldi shall construct a certain portion of Wescourt
Road so specifications acceptable to the City of Denton and further providing that
the construction of Wescourt Road shall be completed and accepted by the City of
Denton prior to the issuance of tax abatement by the City of Denton; providing for
a severability clause; and providing an effective date. The Economic
Development Partnership Board recommended approval (7-0).
H.R2008-001 -A resolution of the City Council of the City of Denton, Texas
authorizing the filing of a project application with the North Central Texas
Council of Governments for a Regional Solid Waste Program - Local
Implementation Project; delegating and authorizing George C. Campbell, City
Manager, or his designate, to act on behalf of the city in all other matters that are
related to this project application, pledging that if funding for this project is
received, the City of Denton, Texas will comply with all project requirements of
City of Denton City Council Minutes
January 8, 2008
Page 5
the North Central Texas Council of Governments, the Texas Commission on
Environmental Quality, and the State of Texas, and providing for an effective
date.
I.2008-007 - An ordinance amending Ordinance 2007-260 so as to award a one-
time purchase for overhead mounted and underground pad distribution
transformers for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3886–One-Time Purchase for
Overhead and Underground Distribution Transformers awarded to Wesco
Distribution in the amount of $770,846, and to Techline, Inc. in the amount of
$98,676 for a total award amount of $869,522).
J.2008-008 - An ordinance authorizing the City Manager or his designee to execute
Change Order One to the contract between the City of Denton and The Fain
Group, Inc.; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3770–Cedar Street Improvements Change Order One in the
amount of $197,744.64).
K.2008-009 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Lower Colorado River
Authority for the acquisition of 69kV and 138kV circuit breakers for Denton
Municipal Electric by way of an Interlocal Agreement with the City of Denton;
and providing an effective date (File 3623–Interlocal Agreement for the Purchase
of Circuit Breakers for Denton Municipal Electric awarded to Siemens Power
Transmission and Distribution in the amount of $347,390). The Public Utilities
Board recommended approval (6-0).
L.2008-010 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of nine
police sedans; providing for the expenditure of funds therefor; and providing an
effective date (File 3946–Interlocal Agreement for Police Sedans with Tarrant
County, contract awarded to Philpott Ford Inc. in the amount of $205,884).
M.2008-011 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Shady Oaks and Brinker Paving and Drainage
Improvements; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3897–Shady Oaks and Brinker Paving and Drainage
Improvements awarded to JRJ Paving, L.P. in the amount of $2,884,059.98).
N.2008-012 - An ordinance approving an Interlocal Cooperation Agreement (ICA)
in the amount of $3,304,057.98 between the City of Denton and Denton County
for the construction of Shady Oaks Drive and Brinker Road, authorizing the City
Manager or his designee to execute said Agreement on behalf of the City of
Denton; and declaring an effective date.
O.2008-013 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Western Boulevard Drainage Phase I; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3929–
City of Denton City Council Minutes
January 8, 2008
Page 6
Western Boulevard Drainage Phase I awarded to Ed Bell Construction in the
amount of $4,699,337.85).
2008-014 - An ordinance authorizing the City Manager or his designee to execute
P.
a Professional Services Agreement with the firm of Brown Reynolds Watford
Architects, Inc. to provide architectural design services for the City of Denton
Senior Center; authorizing the expenditure of funds therefor, and providing an
effective date
(File 3943 in an amount not to exceed $145,000).
Q.2008-015 - An ordinance accepting competitive bids and awarding a two year
contract for mowing for various City departments; providing for the expenditure
of funds therefor; and providing an effective date (Bid 3926–Two Year Contract
for Mowing awarded to the lowest responsible bidder, for each section, in the
annual estimated amount of $373,316).
R.2008-016 - An ordinance of the City Council of the City of Denton, Texas,
approving a grant application from Elk River Investments from the Downtown
Incentive Grant Program not to exceed $10,000; and providing for an effective
date. The Economic Development Partnership Board recommended approval (7-0).
4.PUBLIC HEARINGS
Mayor Pro Tem Kamp left the meeting.
A.The Council held a public hearing and considered adoption of an ordinance
regarding the initial zoning of an approximately 0.12-acre tract of land from a Rural Residential
5 (RD-5) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district and
the rezoning of an approximately 1.39-acre tract of land from a Neighborhood Residential 2
(NR-2) zoning district to Neighborhood Residential Mixed Use zoning district. The property
was located on the north side of Teasley Lane and northwest of Old Alton Road, directly south of
John H. Guyer High School. (Z07-0024, Wild Mustang Crossing) The Planning and Zoning
Commission recommended (5-0).
Brian Lockley, Planning Department Manager, stated that this was a request for a change in
zoning on property located in southwestern portion of the city. Currently there were three
parcels in the tract. The proposal called for the demolition of an existing structure and
development of the site for future commercial development.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
January 8, 2008
Page 7
NO. 2008-017
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM THE EXISTING NEIGHBORHOOD RESIDENTIAL 2
(NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION IN ONE
PORTION, AND ESTABLISHING INITIAL ZONING IN ANOTHER PORTION,
BOTH PORTIONS TOGETHER COMPRISING APPROXIMATELY 1.51 ACRES OF
LAND LOCATED ALONG THE NORTH SIDE OF TEASLEY LANE (FM 2181) AND
NORTHWEST OF OLD ALTON ROAD, AND DESIGNATING THE ZONING OF
THIS COMBINED AREA UNDER THE NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION;
AND FURTHER PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE. (Z07-0024)
Mulroy motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
Mayor Pro Tem Kamp returned to the meeting.
B.The Council held a public hearing and considered adoption of an ordinance
regarding amendments to the Rayzor Ranch Overlay District encompassing approximately 410
acres of land located generally on both sides of U.S. Highway 380 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street; providing for a zoning change from
Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning
districts to base zoning districts of Neighborhood Residential Mixed Use (NRMU) and Regional
Center Commercial Downtown (RCC-D) for part of the site south of U.S. 380 as well as
amending of the development standards for the Rayzor Ranch Overlay District and establishing
development standards (including but not limited to permitting single family detached, single
family attached, multifamily and office uses) applicable to a portion of the subject property
which lies south of U.S. Hwy 380; and amending Chapter 35, Subchapter 7 of the City of Denton
Code of Ordinances, “Denton Development Code”, “Special Purpose and Overlay Districts” to
amend section 35.7.13 “Rayzor Ranch Overlay District”. (Z06-0029 and Z06-0030, Rayzor
Ranch) The Planning and Zoning Commission recommended approval (6-0).
Chuck Russell, Planning Supervisor, stated that this was the third phase of the Rayzor Ranch
Overlay District. Allegiance Development had submitted a request to rezone a portion of the
Rayzor Ranch Development and amend the existing Special Purpose Overlay District. He
reviewed the details of this phase and the proposed uses.
Deputy Mayor Pro Tem Mulroy stated that the 750 units of multi-family was an increase from
the original site plan but the 750 units were agreed on during the initial concept of the proposal.
The Mayor opened the public hearing.
Robert Baldwin, representing Allegiance, stated that they were working on the DME substation
conveyance plat.
City of Denton City Council Minutes
January 8, 2008
Page 8
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-018
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 87 ACRES OF LAND LEGALLY DESCRIBED IN EXHIBIT “B”,
ATTACHED HERETO, FROM THE EXISTING NR-6 AND NRMU ZONING
CLASSIFICATIONS AND USE DESIGNATIONS TO THE NRMU AND RCC-D
ZONING CLASSIFICATION AND USE DESIGNATION, AS MODIFIED BY THE
TERMS OF THE RAYZOR RANCH OVERLAY DISTRICT CLASSIFICATION
HEREIN AMENDED; AMENDING BY SUPERSEDURE CHAPTER 35,
SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES,
“DENTON DEVELOPMENT CODE”, “SPECIAL PURPOSE AND OVERLAY
DISTRICTS”; PROVIDING FOR THE REGULATION OF LAND USES AND
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND
PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
C.The Council held a public hearing and considered adoption of an ordinance
amending Subchapter 16 of the Denton Development Code concerning recording of plats,
construction of public improvements and building permits. (DCA06-0017, Subchapter 16) The
Planning and Zoning Commission recommended approval (6-0).
Frank Payne, City Engineer, stated that the main issue with this amendment dealt with the
issuance and non-issuance of building permits prior to the completion of public improvements.
Past policy/practice allowed exceptions for multi-family or commercial development by
proceeding with building permit issuance in advance of full completion of all public
improvements. These revisions maintained the provisions with respect to Single Family
development in place with some cleanup of the language with regard to attaining easements and
permits ahead of construction. In addition, an exception was added that allowed the developer to
move forward with model homes. No building permit for multi-family or non-residential could
be issued until certain minimum conditions were met. A hardship permit would also be
acceptable under certain conditions.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
January 8, 2008
Page 9
NO. 2008-019
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 35.16, OF THE DENTON DEVELOPMENT CODE, PERTAINING
TO RECORDING OF PLATS, CONSTRUCTION OF PUBLIC IMPROVEMENTS,
AND ISSUANCE OF BUILDING PERMITS; PROVIDING A PENALTY WITH THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (DCA06-0017)
Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”,
Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”.
Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered nominations/appointments to the City’s Boards and
Commissions.
Deputy Mayor Pro Tem Mulroy nominated Dr. Jean Schaake to the Planning and Zoning
Commission. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”,
Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously.
B.Citizen Reports
1.Review of procedures for addressing the City Council.
2.The Council received citizen reports from the following:
a. Nell Yeldell regarding update on mistakes made by city, county
and state.
Ms. Yeldell was not present at the meeting.
C.New Business and Announcements
Mayor McNeill reminded citizens of the DME energy depot which was an on line energy savings
technique found on the City’s website.
th
Mayor McNeill reminded the citizens of the January 10 property maintenance meeting at the
Martin Luther King, Jr. Recreation Center at 6 p.m.
Mayor Pro Tem Kamp asked for consideration of the legal process for catch, neuter, and release
for feral cats. She asked that the report include what other cities were doing, how effective their
practices were, success rates, etc.
Deputy Mayor Pro Tem Mulroy stated that Bill Thomas had made a presentation asking for
specific ideas for downtown parking. He would like to move forward that report.
City of Denton City Council Minutes
January 8, 2008
Page 10
Deputy Mayor Pro Tem Mulroy requested an update on new drainage projects as a result of the
issuance of the certificates of obligation. The memo with the construction schedule should be
posted to the City’s website.
D.City Manager’s Report
City Manager Campbell did not have any items for Council.
E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 7:39 p.m.
_________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
___________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
February 5, 2008
DEPARTMENT:
Wastewater
ACM:
Howard Martin, Utilities 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving an easement purchase agreement between the City
of Denton, Texas and Chain 7 Ranch L.P. for sanitary sewer and lift station purposes in the Levi
Myers Survey, Abstract No. 853, Eli Myers Survey, Abstract No. 871 and the V.E. Gailon
Survey, Abstract No. 452, all in Denton County, Texas; authorizing the expenditure of funds
therefor; and providing an effective date. (The Public Utilities Board recommends approval 6-
0.)
BACKGROUND
Staff has had recurring interactions with the owners of Chain 7 Ranch, L.P., Bob and Kay
Goodman, since the Fall of 2002, in relation to plans for the regional wastewater systems in the
Milam Branch/Clear Creek sewershed basins. The most recent initiatives being spurred by the
City’s development agreement with Denton 288 L.P. (Hills of Denton) by way of Ordinance
2007-125, of June 5, 2007. One of the terms in that agreement requires that the City procure the
offsite easements necessary to accommodate the sanitary sewer facilities to be constructed by
Denton 288 L.P.
The subject easement tracts are as follows:
-Sanitary Sewer and Reuse easement tracts of 2.496 acres and 4.313 acres.
-Sanitary Sewer easement tract of 0.0497 acre.
-Public Utility and Access easement of 2.322 acres.
-Public Utility and Lift Station easement of 0.0826 acre.
-Temporary Construction easement tracts of 2.047 acres, 3.122 acres, and 1.1080 acre.
-Temporary Construction and Grading easement of 1.188 acre.
The purchase price of the necessary easements is consistent with market area acreage values,
adjusted for the percentage of land rights required for the proposed wastewater facilities and
appurtenances.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
PUB closed session briefing on July 23, 2007.
The Public Utilities Board recommended approval (6-0) at its January 14, 2008.
FISCAL INFORMATION
00
$161,165. as total compensation for the respective easements based on approximate easement
acreages. The contract provides for adjustment of easement pricing based on actual easement
acreages determined by the City’s land surveyor consultant firm. Upon receipt of the final form
easement survey documents, it is anticipated that the overall pricing adjustment will be within
00
1% of the stipulated contract amount, plus closing costs of approximately $1,800..
EXHIBITS
1.Location Map
2.Ordinance
3.Agreement
4.PUB Meeting Minutes
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by
Paul Williamson
Real Estate Manager
EXHIBIT 1
ó
00.250.51
Miles
LOCATION
LOOP288
?
?
380
EXHIBIT 2
ORDINANCE N0.2008-
AN ORDINANCE APPROVING AN EASEMENT PURCHASE AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND CHAIN 7 RANCH, L.P. FOR
SANITARY SEWER AND LIFT STATION PURPOSES IN THE LEVI MYERS SURVEY,
ABSTRACT N0. 853, THE ELI MYERS SURVEY, ABSTRACT N0. 871 AND THE V.E.
GAILON SURVEY, ABSTRACT N0. 452, ALL IN DENTON COUNTY, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 14, 2008 the Public Utilities Board of Denton considered this
transaction and recommended approval by a vote of 6-0.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to purchase the
easement tracts in substantially the form as set forth in the Easement Purchase Agreement
attached hereto and made a part of this ordinance for all purposes.
SECTION 2. The City Manager is authorized to make the expenditures as set forth in
the attached Easement Purchase Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of
2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
EXHIBIT 3
E~~EE~vT ~~E ~~~EEE~T
GREEENT dated l ~~~ ~ 2D~8 between Chaln ~ Ranch, I.P.
{"D~wNER"} and the City of I)er~ton, Texas {"CI ~"}.
wITNEET~:
~.EREA, Chan 7 Ranch, ~,.P, is the owner of three tracts of sand, being a called ~~~
acre tract in the ~.E. Gailor purvey, Abstract Number 45~, and being a called ~ 84 acre tract in
the Eli Myers purvey, Abstract Number S?l, and being a called I4~ acre tract in the Levi lVlyers
ttrvey, Abstract 8~, all evidenced by warranty deed recorded under Clerk's File Number 97-
R~0~~~93 in the l~ea~ Property Retards of Denton County, Texas, said tracts being affected by
the public irnpravernent project called Clear Creed interceptor Project ~"PROJECT"}; and
~EREA, it is desirous of both parties to stipulate and agree to the terms and
conditions associated with the purchase ofthe necessary easements far the PROJECT;
N~'~V, T~EREECRE, for good and valuable consideration, the receipt and adequacy of
which is hereby ackna~rledged, the parties agree as follows:
~ . At Closing, the ~wNER shall grant, execute and deliver to the CITE' easerrlents
traversing Gwner's property, more particularly described as follows: an
approximate 40 foot wide ~.49~ acre unitary fewer and Reuse Easement {SSE
1}, an approximate 4l~ foot wide 4,~1 acre unitary ever and Reuse Easement
{SSE 3}, an approximate ~~ foot wide .~49~ acre unitary fewer Easement ~E
2}, a~n approximate 3D foot wide ~.3Z~ acre Public [Jtility and Access Easement
{PURE ~ }, an approximate ~o foot by 60 foot o.~S~G acre Pubic iJti~ity and sift
station Easement {PIJL~E 1 ~, an approximate ~~ foot wide x.447 acre Temporary
Canstrueti~n Easement {TCE I}, an approximate 48 foot wide 3.122 acre
Temporary Construction Easement ~TCE 2~, an approximate 20 foot wade X . ~ DSO
acre Temporary Construction Easement {TCE ~, and an approximate 40 foot
wide I . ~ S~ acre Ter~nporary Construction and Grading Easement {TCGE ~ }. Al]
of the easement tracts herein are collectively referenced hereinafter as the
``EAE,ENT", which approximate easement locations are depicted on the map
attached hereto and made a part hereof by reference as "ATT,ACHNIENT ~ ". The
plat illustration attached as ATTACPINIENT I shad serve as a basis for the
ultirrlate representation of the boundary survey easerr~ent attachrrlents, yet to be
prepared, however, the exact location and acreage ax~a~~nts ray change slightly
due to actual an-the-ground boundary survey computations. Upon the effective
execution of this Agreement, the City shall engage their sand Surveyor to
complete the legal descriptions necessary far execution, funding, closing and
recordation ofthe subject easements referenced herein;
~. At dosing, the ~wNER shall grant, exec~~te and deliver to the CITY t11e
EAEIVIENTS in the style of a conveyance 1nstrurrlent being in form and
Page 1
substance identical to thaw attached hereto ~~ ATTAC~NNT Z, except that the
actual metes and bounds legal descriptions and plat illustrations shall be
substituted therein, as contemplated in Paragraph 1;
~. At Closing, the CST shall pay ~wl~[ER 161,165.° as payment far "Easerr~ents"
as Total Copens~.tian. ~f the surveyed acreage amount of one or mare of the
conterr~plated easement tracts herein exceeds the approximate acreage amounts
stipulated herein, then the Total Compensation payment shall be add usted upward
using an incremental basis of $15.x° for each additional 4,01 acre increase far
each livable er~nanent easement tract and an incrernentai bans of l .s° for
pp p
each a.001 acre increase for each applicable temporary easement tract. In the
event the surveyed acreage amount of one or rr~ore of the contemplated easement
tracts herein is less than the approximate acreage amounts stipulated herein, then
the Total Com~ ensatian payment shall be adjusted downward using a deductive
~ li able ermanent
bass of $15 ~ far each a.~a 1 acre decrease for each app c p
easement tract and a deductive basis $ l .~° for each ~.aa 1 acre decrease for each
applicable temporary easement tract. In every instance of upward ar downward
adjustment, permanent andJor temporary easement t~act~s}, co~nman rounding
rules apply. Individual easerr~ent tract acxeages shall be rounded to the nearest
thousandth, tncreasfn the thousandth column number by ane ~l} shau~d the nest
digit be five ~~} ar greater or leave it the same if the next digit is four ~4} ar less.
The Total Compensation payrr~ent represents full and adequate cans~deration far
all of the easement tracts contemplated herein and any impraverrlents therein,
including without lirnitation# any damages to the remainder of ~wN~l~'s
property. After the creation of the metes and 'bounds legal descriptions and plat
Illustrations for the IJ~.semertts and prior to the settlement statement preparation
by the title company, the C1T~ shalX prepare a pricing schedule far the Easements
based on the survey documents prepared by the land surveyor for the review and
endorse rent by the ~wNE. The approved pricing schedule shall be forwarded
to the title company for the purpose of dacuznenting the adjusted Total
Compensation based on Land ~ur~eyor findings far the benefit ofthe parties;
4. The Closing shall be occur in and through the aff~ce of First American Title
Insurance Company Title Company}, Nadi ~arrlbrana, Branch tanager-~scraw
~ffcer, P~~. Box 13x3, Pilot Paint, T ~6~58, phone number: 94~~GS6-4445#
facsimile number. ~44~686-~2~ ~, with said Title Company acting as escrow
agent, an the date which is 45 days after the effective Date, but is na event later
than February ~9, ~O~s, unless the ~wl~lE~ and the C1T'~ mutually agree, in
writing, to an earlier or later date ~"Closing Date"}. The ~~wl~E~ shall Canvey
the Easements free and clear of alI debts and Iiens. The ~wl~iE~ shall assist and
support satisfaction of alb closing requirerrzents in relation to solicitation of release
ar subordination of liens and encumbrances affecting the basements, if necessary,
5. The stipulated Total Camper~sation amount shall be paid by the C1T~ at closing
to the ~wNE~R thro~gl~ the Title Company, All other typical clas~ng costs
Page 2
associated with this transaction shall be paid specifically by the CITY, except for
DNER's attorney' ~ fees;
G. The date on which this AGREEMENT is executed ~y the last to sign of the
parties shall he the "Effective Date" of this AGREEMENT;
7. CITY shall be liable for any claiffls, causes of action, liabilities and damages
caused by it andlar its contractor's actions and shall indemni and hold Grantor
harmless of same to the extent allowed by law.
8. This AG]~EEMENT constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
CITY F DENTIN
By:
George ~. Campbell,
City lVlana~ger
Date:
ATTEST:
JENNIFER 'L~ALTER, CITY SECRETARY
EY,
APPRGVED A TO LEGAL GRM:
ED'~V'E~ M. N~R, CrT ATTGRNEY
BY:
QwNER: CI~A~N 7 RANG, L.P~
~y:
~ .Goodman, C.P.
Date;
Page 3
T~~`LE COMPANY A~~TANC~ A]~D AC~.N~I.~EDC~EII~~N~'
Fir~~ American T~tie ~ns~rance company, Pilot Point, Teas, hereby acknowledges receipt ofthe
fu~1y executed Agreerr~ent on this, the day of _ -- , ~~08.
~}~;
Printed Name;
'rite:
Telephar~e Nu.ber~
Page 4
Chain 7 Ranch, L.P.
~aement Purchase Agreement
ATTA~HNCNT ~ -- ~a~er~tent 1 of ~
AN~TR~ SEWER ~D LIFT T~TI~ EAEN~ENT
NOTICE ~~' CONFYDENTIALITY RIGHTS: ~~' YOU ARE A NATU~.A.L PERSON, 'YOU
1VI~~ REIVIO~E OR STILE AN3' OF TAE FOLLO~VINO INFO~ATION FROIVI THIS
YNSTRUENT BEFORE IT IS FILED FOB RECORD IN THE PUBLIC RECORD: YOUR
SOCIAL ECUT~Y NUMBER OR ~OU~ IIRIVER' LICENSE NU1I~BER~
THE STATE DF TE ~
§ I{NDw A~-L NON BY THEE PRESENTS .
CD~]NTY QF DENTIN
THAT Chain 7 Ranch, L.P., ~Grantor~, whose address is 104 Bobcat
Road, danger, Teas 7~2~--759, in consid~r~tion of the patent of
the sum of Ten Dollars and ~1o Cents ~ ~ 10 . °°~ in hand paid by the City
of Denton, Teas pity}, receipt of which i hereby acknowledgedr
grants, and conveys to the pity a san~.tary sewer and reuse water
easement across the real. property owned by grantor, as described and
illustrated in EXHIBIT -'A„ , attached herewith and ~.ncorporated into
this document by reference; and lift station easement across the real
property owned by grantor, as described and illustrated in EXHIBIT
„E-,f attached herewith and incorporated into this document by
reference; and a sanitary sewer easement across the real property
owned by grantor, as described and illustrated in EXHIBIT `-~",
attached herewith and incorporated into this document by reference
The grant made includes and is subject to the following
~.. Purpose; Sanitary fewer and Reuse -This easement grants to
the City the right to construct, install, reconstruct, repair,
relocates Operate, and ma~nta~.n up to three sanitary sewer llnes~
forced outer reclaamatian plant re-use lines, and their col~.ective
related facilities and appurtenances, in, on, aver, under and across
the easement tracts depicted in E~H~BIT t,~,- .
~ , Purpose ; Lift Stat~or~ -This easement grants to the City
the right to cans tract, install, reconstruct, repair, relocate,
operate, ~.ift station equYpment and systems - and the~.r collective
related utilities facilities and appurtenances, in, on, aver, under
and across the easement tract depicted in EXHIBIT "~-'.
3. Purpose: Sanitary Sewer -This easement grants to the City
the right to construct, install, reconstruct, repair, relocate,
operate, and maintain one sanitary seo~er line, and its collective
related faci~.ities and appurtenances, in, on, aver, under and across
the easement tracts depYCted in EXHIBIT "C„,
~I~~~~ ~ :~~~c;l~. ~.P.
;a:e~~~n~ ~~.rc~.~s ~rc~~~~~~~~
~ . Pio~i~xe or~toio i~ pip~li~ ~ai~ ~i~~ tca
~.nirnu dpt ~ fv~ty~~~.g~.~ ~~8~'~ ,i~h to top o~ ~,~~, ~~~~ ~~
cr~~~ ~o~ir~s , ~i ~v~k~ aver tea ~ ion i~ ~.i~no~~ ~ou~~
t~ t~~ u~~a~ ~s a r~~sui~ o~ ~~~ ~ty~ s pip~ii~a~ oo~tuctic~,
inta~~.at,~~n, ~oo~tu~.t~.o~, ~~pa~.~, rloc~at~.~~ o~ op~ratiar~ ~hal~
o ~o~r~~ ~.l~s~ ~~ to ~otx~o~ ~ro~ia~ ~~~. ~ar~a~r' s ~.pp~~~~~ .
~b~c~.r~~ ~ ~~oior~ o~ ~.~.tia~. o ~~gent ~or~s~u~ti~,
ma~..teano~f ~~.~.~, rpia~~~~~ o~ o~~.w~is~ ~.~. ~e ~~p~r~ by
~. ,ity ~ ~ tidy ~nner~ ~~1 ~~a~io~ i~. b~ ~~~ ~~~ the
dou~~ dit.c~~ mho i~ ~~~ to p~~e~~r the tv~o~.l ~o~ epl~.om~~t
~~~~~nc~ aid tt~ar~~ ~ ~~or s.11 gat a~t~u~t,
rt ~ play ~.n i~.di~'~, ~~.gn, o~ Ater ~ma.. tx~~~tu~-
~~ v~~i~~s ~~e~o, ix~, ~~~ ~~ v~~~ ~~ ~amx~t t~~cts ~~~x~~.bc
din, ~~~ pity ~ri~.~ r~~a ~ ~~p~~~ any ~ic~~~ra~~, ark~.nc ~.~t,
o~ c~iv~y that ~i~t~ on t a~s~t o~ t~~ cat o~ ~or~t,ian o
~i~ in~~~t ~:~ ~~~nod o~ ~a~na~.~ ~~ t~ qty ~u~i~ the i.~t~~~
~v~.t~tio~. ~~ ~~~ ~to~ ot~ucts .~ 1~ uil~ina~ sa.~n~,
pa~~ .~~~, ~~~e~ry~, p~~~r ~a~~~y o of t~t~r~~ ~~
~~npov~ oar t ~~~~~r~~ r Rio ~ th~.s ~~m~n~
~oc~~l~, t pity may o~~ ~i~ o~ past ~ t~~ ~r~t~re ~~
imgo~rme~t as ~,~~~' to o~~tr~t, r~~otot, ~~~.~~, ~~~,~.~,
alts, r~o~~a~f ora~~ ~~ ot~~i~ x~o~.se ~~ ~i~a~ yin
w~.~I~out any o~~.~.c~~iv try ~ep~.~.~ a~ rpa~.~ ~.~ s~u~~tur~ o~
ic~~~ ~~itio~~ any 1~.~~ili~y to ~r~~o i~o.~.~.a~
6. ~'e~~~ ~~ ~s: ~f o~sa~~ t~v ~~oe o~ ~~oo~~ any
~r~o air ate ~~i t i~xi.i.~ co~u~t~.a~, ~. ~.~ ~il~ mn~r~
~r lo~~ ~,~ boo o~ ga~o ~t ~~ty ~f ~~~.to ~p~~.~~ ~ ~~~~
~ompl~ti~ o t~ ~.n~t~,a~ ~n~t~~.tia., ~ 'ity ~a~l ~~~.ta~.l ~~
e~c~ o ate i~~.tia~.~.y ~o~~~ ~ ~~~.o~at~ed to th~r o~~.gir~~~.
~.ooat~c~~, ~t~~r t~ ~x~i~~.l ~o~~t~~x~t~,o all p~~im~~r ~ u~~
~~ t~~ ~.~y ~~a~~ b ~~p~ ~oc~ed at ~,~. ~~~ a~ City may pla
loop o~ ~~nto ~~~ ~oi~ ~~~~ ~tod} . pity .1~.
~~a~on~~~.e ~~.u~~~ to oa~tair~ ~ax~tor' ~ ~.i~sto~~ ~~~~
~o~~~tx~~;~t~.o i~,~~l~.io, ~~o~~u,~tion, ~pai ~~~.ooa~io~, o~
op~.r.t~.o ~.~:~ ~r~~ to ~~p ~i~r~to i op~~ty ~h~ ~ata~
oo~.~.~t v~ ~e~~ a~ ~~.t~ on ~ a~~t ~t~~~ t~ ate ~ ~~~.
i~t~~r~.et b~. the f~ a~ ate a~ ~ p.~.c~ .~st~.nt~.ll
p~rp~r~d~,c~.~ to t~ ~~m~nt. ~y ~~~.~~~ p~ao~d a~x~os~ ~~ ~~.~~~
~~.~ ~ox~t~~. gat~~ o~ ~mo~a~~~ pa~~s ~ t~a~ ~. ~a~~m~~ ~.
diiy ~~ss~.bl by h~ City` s ~pioye~ ~nc~ ~t a~ a~~ t~m~ ,
~ ~ity~ ~~ ~. ~i~~~t.i~, ~ha~.~ r~ct ar~d ~n~~~tai~a ~imter
~er~~ ~~~ ~~v~ s~~rour~ir~ t~ Lift Sttio, ~~ea ~~.~t~ ~r~
~' ~~~" r;err w
~~~~~r~ 7 F~~.r~~;l~, ~.~'~
~ . es ~ Fay t~~ ~~.ra~ a eera~:si~c~ its ~.~~, ~e
C~,~y ~~a~.l hv~ ~ca~ ~a the easeme~~ ~y may a ~i~t~. ~u~~.i
~~~ey ar rit-~~~~ay a~ a~ ~ra~n ~~ dad a~~~ ~y ra~~~~'
a~~s~r~~ tie ~u~a~c~ eas~~n~.~, ~.3.a~ a~~~~~ar~al mere a~ ~ i~ ~
ua~a~a~~.d t~mp~~e~ of ~~is gx~a.t ~r ~u~~a~~~ ac~~~~~.
~ , ~'~~ ~a~~a~~~c . raa~ar sa~~ a~ ~~ ~ ~r~
~~~ t~~ ~, r~~~~y. ~.~ ~,~ ~i ar compl~e~~r r~mo~r~
any trey ~ ~aar~.on~ ~~ ~r~~ n~~ a~ Graf ~ Iaca~t ~~~~~
~a~~e~ ~~~a~ ~ia~~.~.,~~y ~a rar~t~~` ~~~~~.~. ~~ al~at.a,~ o
~ ~~r~~er ~ay~:t ~~ x~a~~ ~.~. r~~, a~ ~~ ~o be c~~ ~a~
~r e~,i~r~~~c~ will be ar Flo r~ur~d ~~~~ sa ~ha no ~~.~e~
vx~ ~tae~ ~ be s~,~r~ ~~ ~~ ~~~~ure ter ~r cat .~.es~oc~.
Tie c~~ ~~e and bra are ~a ~~ em~v~~ ~a~ ~ prar~y ~.e
a~~~rwi~e a~ra~~ t~ by ~h~ ra~.~~ ran~~x' a la~~ hr~~~ vin,
~ ea~rxre~ ~~ ~~ t eee~ b~ t~.e ~ ~~' may r~a~~ a~ ~. a~ per ~ a
any r ~r~~s ~ ~ra~, or offer ~~~a~ ~~.~~~~~ a ,~~ r~e~ea,~y
o coxs~tr~.c ~~~.~ ~e~~aa~, re~ir, a~~er, ~~~a~~, aerate
its ~~~.,~iies ~~~ ~r~r~se~ exer~iee ~ x~~s ~.ere~.r~ w~~ha~~ any
~.~.~~.~.,~~ ~o r~r~.~~r ix~~,tin ~~ ~~~a~~~ ~r~ ~. fur~~~ ayr~en~
~o G.r~~~ar~ ~~ ~.~a ~:~~i~..y is~.~~ .rid ~~~tru~~~.ar~,
i~zsta~~.a~~~, rea~~.ruc~~~x e~air~ r~~~a~~ ar ~~a~ia~ ~a~
tae s~~ed ~~ ~~.~ ~,~~ ~ ~r i~r ~ dent ~~ e~ s~~i~.i~n .
sid~.~e ~~sv~~,ed ~vitl~ a~ a~~'u~~ia ~ta11a.~c~~,
re~a~x~~t~~~~n, ~`e~a~.r, `e~a~ia~ ~r vera~ir~ .~~.. ~~ x~~p,~r~d ~y
~~ ~y a ~e~taz~ ~r~ a t~me~y mater.
9. ~ T~ ~.~~ er~~ ~~~ ix~c~.dee n~ r~na~ ar ~c~~
t~ ~r~o~ ~i.e ~~ v.r ~e ~~€~re reeu~~~~~ r~vm ~ ~~.~y'
or~s~'u~~i~r~r r~aa~.~r~u~t~.a re~a~r, rel~.cn~~, o~ cae~ ~ a~
~ a~~ma~,~ far ~~~ ~~uaa:~ ra~~e~, ae~~~ ~~~ ag~ree~ a~ ~a
maw ar c~~. ~~ ay~~~~ ~. ~~e rmant a~~ ~ .a a r~~~o~
~rait~~x~~ a~~ ara. ,
~ ~ . ra~ta~r' s ~~.~.s . rax~.~.~r a~ 1 a~~ ~. rig ~a m~~ u,s
of the easement far ar~~ ~a~rpa ~~ cues gat i~~~~~er ~~~h t~
~~r' ~ ri~t~ ~ h~ ~s~~.~ p ~ purpass rage ~.~~ ~~~. to
~.1. ~~~e~rs and ~~ins . is rah sa~~ r~ w~~ ~~.~
~,nd a~~ s~a~~ ~~e bi~di~g u~aan ~~~ are and ~~~.~ ~.~~,
s~~~~ar~ a~r~ as~~~s ,
chain 7 Ranch, I,.P~
Easement Purchase Agreement
ATTA~Hl1~E~T ~ -Easement 1 of ~
Witness my hand, this the day of
CHAIN 7 RICH r ~ . P .
~~,
y Williams Coodmen
General Partner
ACENGWLEDCNT
THE STATE GE' ~
COUNTY D~ DEN'IT
This instrument gas ackno~aledged before me on
b day Williams Good~aan.
r ~~YV.
,~~48
Nots~y Publio, in ar~d for the State of Texas
My Caa~aission Expires
Aoaepted this day of X008 for
the City of Dentonr Texas Resolution Na. 91-~7~~.
Ey.
Paul Williamson
Real Estate ~ianac~er
~iFTER
RECORDING
RET[1RN TQ: City of Denton
X41-A Texas tareet
Denton, Texas 7fi~09
~ittn : Paul Wi~,liamson
(..~~~c~il~ ~ ~t~C~~~ ~...,.~.
~1~1~~~~~~ .~~~~~~~~~~~ ~~~r~~l:~.~.~~~t
A'~`~'~C~~`~ ~ .~. ~~~~~1~.~~at ~ of W,
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT A"
METES AND BOUNDS DESCRIPTIONS
SURVEY PLAT ILLUSTRATIONS
FOR
E~RMA~JEI+I~P SANITARY SEWER AND REUSE
EASEMENT TRACTS:
SSE 1 {APPROX. 2.496 acres)
SSE 3 (APPROX. 4.313 acres)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT B"
METES AND BOUNDS DESCRIPTIQN
SURVEY PLAT ILLUSTRATION
FOR
PERMANENT UTILITY AND LIFT STATION
EASEMENT TRACT:
PULSE 1 (APPROX. 0.0$26 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain 7 Ranch, L.P.
~acrnent Purchase Agreement
A~TT~CHN~T ~ - basement 1 ~f 3
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT C"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
PERMANENT SANITARY SEWER EASEMENT TRACT:
SSE 2 (APPROX. 0.0497 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain ?Ranch, ~.~,
Eas~~n~n~ Pu~~a~e Agreement
ATTACHII~E~IT ~ - ~ae~nt 2 0~ 3
PUBLIC U~~L~T AND A~~E EAEMEI~~
N~T~CE ~~' CONF~D~NTIALYTY' R~~HTS. ~F YO[J ARE A NATURAL PERSON} YOU
MAY RE1VxO'~E OR STRIKE ANY OF THE FOLLOINO INFORM.AT~ON FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR
SOCIAL SEC~R~T'Y NUMBER OR YOUR DRYYERtS LICENSE NUMBER.
THE STATE OF TEAS,
KNOW ALL NON SY TI~~SE PR~~NTS ;
COUNTY ~~' DENTDN
TI~AT Chain 7 Ranch, ~.P., ~Grantar}, whose address is 1~~2 Bobcat
Road, Sanger, Texas 76~fi6-7~9~, in consideration of the payment of
the sum of Ten Dollars and No Cents x$10.°~} in hand paid by the City
of Denton, Texas City}, receipt of ~rhich is hereby acknowledged,
grants, and conveys to the City a utility and access easement across
the real property owned by grantor, as described and illustrated ~,n
~IIBIT -~~,- ~ attached herewith and incorporated into this document by
reference ,
The grant made includes and is subject to the fallowing:
1. Plxrpose: This easement grants to the City the right to
construct, install, reconstruct, repair, relocate, operate, and
maintain up to three sanitary sewer lines, forced water reclamation
plant re--use ~.ines, and their collective related facilities and
appurtenances, in, on, oven, under and across the easement tract
depicted in ~~3~BIT "A". In additions this easement also grants to
the City the right to, constructs install, reconstructs repair,
relocate, operate, and maintain an alb. weather road driving surface,
and its requisite related facilities and appurtenanoes, ins on,
over, under and across the easement tract depicted In ~~H~IT ~-~,s
for the purpose of recurring ingress and egress by the City of
Denton to access said ~.ines and facilities,
~. P~.peline Construction. All pipelines shall be buried to a
minimum depth of forty-eight X48"} inches from top of pipe, except at
creek crossings, Ali. racks greater than G inches in diameter brought
to the surface as a result of the City's pipeline constructions
installation, reconstruction, repa~.r, relocation or operation shall
be re~no~red unless used to control erosion with Grantor' s approval ,
Subsidence and erosion from initial or subsequent construction,
maintenance, repair, rep~.ace~nent or otherwise shall be repaired by
the City ~.n a timely manner. AlY excavation will be done using the
double ditch method in order to preserve the topsail for rep~.acement
when the ditch is refilled .
Chain 7 Ranch, L.P.
basement Purchase Agreement
ATTACHMENT ~ -~ Easement ~ of 3
~. Builda.ng end Structures. Grantor shall not construct,
erect or place any buildings, signs, or other permanent structures,
or portions thereof, in, on, or aver the easement tract described
herein. The City wi11 replace or repair any sidewalk, parking lot,
or driveway that exists on the easement on the date of execut~.on of
this instru~-ent if removed or damaged by the City during the initial
construction, If the Grantor constructs or places buildings, signs,
parking lotsr driveways, private walkways, or other structures or
lmpr'oVel'gents over the easement after exeCUt~on of tY11s easement
docu~-ent, the pity may remove all or part of the structures and
impro~rements as necessary to construct, reconstruct, replace, repair,
alter, relocate, operate or otherwise exercise its rights herein
without any obligation to replace or repair the structures or
improvements and without any liab~.lity to Grantor including the
obligat~.on to make further payment to Grantor.
4. Fences and Gates. 1f necessary t0 remove Or relocate any
fence or gate during the initial construction, the City gill remove
or rela~ate the fence or gate at City of Denton expense. After
completion of the initial construction, the City shall re~.nstall any
fence or gates initially removed or relocated to their original
~.ocativns. After the initial. construction, all perimeter gates used
by the City shah. be kept locked at all times and the City may place
locks on Grantor's locks double lock method. City shall use
reasonable measures to contain Grantorr livestock dur~nc~
construction, ~.nstallation, reconstruction, repair, relocation or
operation and agrees to keep livestock in property, The Grantor ray
construct new fences and gates on the easement after the date of this
instrument but the fences and gates shall be placed substantially
perpendicular to the easement. Any fences placed across the easement
shall contain gates or removable panels so that the easement is
readily accessible by the City's employees and agents at all times.
5, access, For the purposes of exercising its rights, the
pity shall have access to the easement by way of existing public
property or right-of-way and not from other lands owned by Grantar
outside the subject easement, unless additional means of access is a
quantified component of this grant or subsequently acquired.
~, Trees and Landscaping. Grantor shall not plant any tree
upon the easement property, City may cut, trim, or completely remove
any trees or portions of trees now or hereafter located within the
easement w~.thout liability to Grantor including the obligation to
make further payment to Grantor. X11 trees, or brush to be cut down
or eliminated will be cut at or below ground level so that no spikes
or stakes wi11 be st~.cking up to puncture tires or cut livestock.
Chain 7 Ranch, L.P.
Eaerr~ent Purchase ~greernent
1~TT~CHE]~T 2 ~- Easement ~ ~f
The cut trees and brush are to be a~emoved from the property unless
other~oise agreed to key the Grantar. Grantor may plant shrubsf vines,
grass, or install irrigation systems and other system landscape
features ~vithin the permanent easement, but the City may remove all
or part of any shrubs, vines, grass, or other landscape features as
is necessary construct, reconstructr replace, repair, alter,
relocate, operate its facilities or otherarise exercise its rights
herein +~ithout any .lability to Grantor inc~.uding the obligation to
make further payment to Grantar. Any area substantially disturbed
during construction, installation, reconstruction, repair, re~.acation
or operation shall be seeded by the City as per City of Denton
project spec~.ficatians. Subsidence associated ~vith said
Constructlo1l~ installatian~ reconstructions repair, relocation Or
operation i11 be repaired by the City of Denton in a timely ~aar~ner.
7. Crops. 't'he payment herein made inc~.udes any damage or lass
to craps sustained na~r or in the future resulting from the City' s
construction, reconstructionr repaid replacement, or other use of
the easement far the purposes granted, Ho~ever, City agrees to not
ma~a or cut the hayfields in the permanent easement as long as Grantee
maintains said areas.
8. Grantor's R,.ights, Grantor shall have the right to make use
of the easement foot any purpose that does not interfere pith the
City's rights in the easement for the purposes granted, subject to
the restrictions contained herein.
~. Successors and Assigns. 'his grant shall run pith the
land and shall be binding upon the parties and the~.r helots,
successors and assigns.
~Titness my hand, this the
CHAIN 7 RANCH, L.P.
day of ~~~8.
By•
~~~ Williams Goodman
General Partner
chain ?Ranch, ~.P,
Easement Purchase Agreement
A~TAC~IENT 2 - ~asernent ~ of 3
AC~TOW"~ED~ENT
THE STATE Q~' '~5
aurrr~ ~~ ~ ~
This instrument gas acknowledged hefo~e ~r-e on , 2048
by I~ay Wi11ia~~ vodman.
Notaa~y P~lic f in and for the State of Ts
P+~y Co~omission F,~res
Accepted this day of , 2448 for
the qty of Derttor~, Texas ~Reeolution No. 9~~47~~ .
~~.
Paul Wil~.iamon
Real Estate tanager
AFTER
RE~~RUTNC
RETURN T~; its of Denton
94~.-A Texas Street
Denton Texas 7G249
Attrt ; Paul Wi ll~.amson
~hai~ 7 Ranch, L. ~.
Easement Purchase Agreement
ATTACHN~ENT ~ - Easement ~ of ~
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT A"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
PUBLIC UTILITY AND ACCESS EASEMENT
TRACT: PURE 1 (APPROX. 2.322 acres)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
Chain 7 Ranch, L.P.
Easement Purchase Agreement
ATTACHMENT 2 -Easement 3 of 3
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Chain 7 Ranch, L.P., (Grantor), whose address is 1042 Bobcat
Road, Sanger, Texas 76266-7590, in consideration of the payment of
the sum of Ten Dollars and No Cents ($10.00) in hand paid by the City
of Denton, Texas (City), receipt of which is hereby acknowledged,
grants, and conveys to the City a one year temporary construction
easement across the real property owned by Grantor, as described and
illustrated in EXHIBIT "A", attached herewith and incorporated into
this document by reference; and a one year temporary construction and
grading easement across the real property owned by Grantor, as
described and illustrated in EXHIBIT "B", attached herewith and
incorporated into this document by reference.
The grant made includes and is subject to the following:
1. Puzpose: This easement grants to the Citg a one year
temporary construction easement, as described in EXHIBIT "A". Upon
conclusion of the initial construction, the temporary construction
easement shall terminate and the City shall remove all debris,
surplus material, and construction equipment and leave the property
substantially equal in appearance to the condition existing prior to
construction, except for any trees or shrubs removed.
2. Purpose: This easement grants to the City a one year
temporary construction and grading easement, as described in ESHIEIT
"B". Upon conclusion of the initial construction, the temporary
construction and grading easement shall terminate and the City shall
remove all debris, surplus material, and construction equipment and
leave the property substantially equal in appearance to the condition
existing prior to construction, except for any trees or shrubs
removed and the changes in surface grade in regard to angle of repose
required by the Project. Any excavation by the City will preserve the
topsoil for restoration and replacement after grading. Erosion from
the initial or subsequent construction, maintenance, repair,
replacement or otherwise shall be repaired by the City in a timely
Chain 7 Ranch, L. P.
Easement Purchase Agreement
ATTACHMENT 2 -Easement 3 of 3
manner. Any area substantially disturbed during construction,
installation, reconstruction, repair, relocation or operation shall
be seeded by the City as per City of Denton project specification.
3. Trees and Brush. All trees, or brush to be cut dome or
eliminated mill be cut at or below ground level so that no spikes or
stakes mill be sticking up to puncture tires or cut livestock. The
cut trees and brush are to be removed from the property unless
otherwise agreed to by the Grantor.
4. Building and Structures. Grantor shall not construct,
erect or place any buildings, signs, or other permanent structures,
or portions thereof, in, on, or over the easement tracts described
herein during the term of this easement.
5. Fences & Gates. If necessary to remove or relocate any
fence or gate during the initial construction, the City mill remove
or relocate the fence or gate at City of Denton expense. After
completion of the initial construction, the City shall reinstall any
fence or gates initially. removed or relocated to their original
locations. After the initial construction, all perimeter gates used
by the City shall be kept locked at all times and the City may place
locks on Grantor's locks (double lock .method). City shall use
reasonable measures to contain Grantor's livestock during
construction, installation, reconstruction, repair, relocation or
operation and agrees to keep livestock in property
6. Access. For the purposes of exercising its rights, the
City shall have access to the easement by may of existing public
property or right-of-xay and not from other lands owned by Grantor
outside the subject easement, unless additional means of access is a
quantified component of this grant or subsequently acquired.
7. Crops. The payment herein made includes any damage or loss
to crops sustained in the future by Grantor resulting from the City's
use of the easement tracts described herein.
8. Grantor's Rights. Grantor shall have the right to make use
of the easement for any purpose that does not interfere with the
City's rights in the easement fox the purposes granted, subject to
the restrictions contained herein.
9. Easement Term. The term of this easement shall expire one
(1) year from the execution date of a 3-may development contract
between the City of Denton and Denton 286, L.P., a Texas limited
partnership, or their successors or assigns (Hills of Denton).
Notwithstanding that development contract execution event, the
easement term shall expire three (3) years from the execution date of
chain 7 Ranch, I~.P,
Easement Pr~~chase Agreement
ATTAHE~T ~ ~- Easement ~ ~f ~
Witness my hand, this the day of
CHA~~T ~ RANCH r L . P .
By:
~Cay Wil~.ia~as Goodman
general partner'
ACH~-TCWLEDG~MENT
THE STATE ~~ TEXAS
CoL~NTY of D~
Th~.s instrument ryas ackno~ledged before me on
by I~ay Williams Goodman.
r ~ ~ o ~ .
,~D08
Notary P~blio, ifl a~ for the State of Texas
My Cc~~n.~ssaon F~cpix+es ;
Aooepted this day of ~ X048 far
the City of Denton, Texas ~Resvl~tion No. 91-a7~~ .
Ey.
i
P~It~1 Wl~llaAtsCn
~ea~ Estate ~anaC~er
AFTER
RECORDIi~G
RETCiN To ~ City of Denton
9~1-A Te~cas Street
Denton, Texan 7'~~09
Attu: Psu~. Wil~.~.a~mson
Gain ~ ~anc~, L.P~
~aseme~at Purchase Agr~em~r~t
~TTACHME~T ~ - Easerrlcnt 3 of ~
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT A"
METES AND BOUNDS DESCRIPTIONS
SURVEY PLAT ILLUSTRATIONS
FOR
TEMPORARY CONSTRUCTION EASEMENT TRACTS:
TCE 1 (APPROX. 2.047 acres)
TCE 2 (APPROX. 3.122 acres)
TCE 3 (APPROS. 1.1080 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
chain 7 ranch, L,P,
~aser~ent Pr~rcha~e Agreement
ATTAH~~T ~ - basement 3 of ~
THIS SHEET IS A PLACE HOLDER
FOR
"EXHIBIT B"
METES AND BOUNDS DESCRIPTION
SURVEY PLAT ILLUSTRATION
FOR
TEMPORARY CONSTRUCTION AND GRADING
EASEMENT TRACT:
TCGE 1 (APPROS. 1.188 acre)
TO BE SUBSTITUTED WITH
BONAFIDE BOUNDARY SURVEY
DOCUMENTS ONCE PREPARED
EXHIBIT 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
PUBLIC UTILITIES BOARD AGENDA ITEM #3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2008
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
January 14, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Phil Gallivan, Randy Robinson, Bill Grubbs
and Bill Cheek (arrived at 9:03)
Absent: John Baines, excused
Ex Officio Members:
George C. Campbell, City Manager
Howard Martin, ACM Utilities
Chair Charldean Newell announced that a quorum was present and convened into a closed
meeting at 9:00 a.m. to consider the following under the provisions §551.08 of the Texas
Government Code.
OPEN MEETING:
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
designee, to implement each item in accordance with the staff recommendations.
1) Consider recommending adoption of an ordinance approving an easement purchase
agreement between the City of Denton and Chain 7 Ranch L.P. for sanitary sewer and lift
station purposes in the Levi Myers Survey, Abstract No. 853, Eli Myers Survey, Abstract No.
871 and the V.E. Gallon Survey, Abstract No. 452, all in Denton County, Texas; authorizing
the expenditure of funds therefor; and providing an effective date.
2) Consider recommending adoption of an ordinance approving a pipe line crossing contract
between the City of Denton and the Kansas City Southern Railway Company relating to the
location of a City water pipeline within railroad right-of way located immediately north of
said railroad right-of way's intersection with Roselawn Drive within the Asa Hickman
Survey, Abstract Number 521, City and County of Denton Texas; authorizing the
expenditure of funds therefor; and providing an effective date.
3) Consider recommending approval of Bid #3935 to Thelin Recycling for contract wood waste
grinding in an amount not to exceed $115,000.
Board Member Dick Smith moved to approve Items 1 through 3 with a second from Board
Member Randy Robinson. The motion was approved by a 6-0 vote.
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Water
ACM: Howard Martin, Utilities 349-823 ..
~TIR.TF,CT
Consider adoption of an ordinance approving a pipeline crossing contract between the City of
Denton and the Kansas City Southern Railway Company relating to the location of a city water
pipeline within railroad right-of way located immediately north of said railroad right-of way's
intersection with Roselawn Drive within the Asa Hickman Survey, Abstract Number 521, City
and County of Denton Texas; authorizing the expenditure of funds therefor; and providing an
effective date. (The Public Utilities Board recommends approval 6-0.)
BACKGROUND
As a function of Roselawn Drive 24" waterline project, it is necessary to seek formal permission
from the Kansas City Southern Railway to cross their right-of way with the subject waterline
improvements. Staff made formal application to the Kansas City Southern Railway Company
(KCSRR) for authorization to place the proposed water line improvements within their property,
upon final determination of the water line location. Once the KCSRR reviewed our request in
the context of potential impact to their facilities, their legal counsel returned the subject Pipeline
Crossing Contract as a means for permission to cross their property. Historically, railroad
companies have viewed utilization of their right-of ways as an income producing venture, as is
the case at hand. The City was provided the option of leasing the pipeline crossing segment for
an annual fee of $655.00 per year, or payment of a one-time fee of $7,205.00. It has been long-
standing policy to choose one-time payment for utility crossing events. As a practical matter, the
on-going administrative tracking costs to the both the City and the railroad company would be
wasteful in the case of annual fee. Also, most utility crossing facilities, whether water, electric
or wastewater have service lives beyond 50 years.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board recommended approval (6-0) at its January 14, 2008.
FISCAL INFORMATION
A one-time payment fee of $7,205.00
EXHIBITS
1. Location Map
2. Ordinance
3. Agreement
4. PUB Minutes
Respectfully submitted,
~~ -
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
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Kansas City Southern Railway
LOCATION MAP Pipeline Crossing Agreement
Roselawn Water Line Project
EXHIBIT 2
ORDINANCE N0.
AN ORDINANCE APPROVING A PIPELINE CROSSING CONTRACT BETWEEN THE
CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY
RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN RAILROAD
RIGHT-OF-WAY LOCATED IMMEDIATELY NORTH OF SAID RAILROAD RIGHT-OF-
WAY' S INTERSECTION WITH ROSELAWN DRIVE WITHIN THE ASA HICKMAN
SURVEY, ABSTRACT NUMBER 521, CITY AND COUNTY OF DENTON TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or his designee, is hereby authorized to execute a Pipeline
Crossing Contract between the City of Denton and the Kansas City Southern Railway Company
in substantially the form of the Contract which is attached to and made a part of this ordinance
for all purposes, for the purpose of locating a City water pipeline within the right-of way of said
rai roa .
SECTION 2. The City Manager is authorized to make the expenditures as set forth in
the attached Contract.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of
.2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
sv:
EXHIBIT 3
PIPELINE CROSSING CONTRACT'
THIS AGREEMENT is entered into this of , 2007 by and
between THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation, called
herein "Licensor", and CITY OF DENTGN, TEXAS, to be addressed at 901-A Texas Street, Denton,
Texas 76209, called herein "Licensee"
l . Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any
other purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove a proposed
24" potable water pipeline under Licensor's tracks and right-of way at Mile Post 102.42 Alliance Sub} at or
near Denton, Texas, the course of the pipeline being described as follows;
As indicated on print of drawing no. 4605 dated 10-25-07, marked Exhibit "A",
attached hereto and incorporated herein by reference.
The rights granted under this Agreement are subject to all outstanding superior rights whether or
not of record including those in favor of licensees and lessees of Licensor's property, and others} and the
right of Licensor to renew and extend the same, and is made without covenant of title, or for quiet
enjoyment. Licensor does not warrant title and Licensee accepts the rights granted herein and shall make no
claim against Licensor for deficiency of title. Licensee acknowledges that the Licensor's interest in the
right-of way varies from segment to segment and may include lesser interests than fee title. Licensee shall,
at Licensee's sole cost and expense, obtain any and all necessary rights and consents from parties other than
Licensor which may have or claim any right, title or interest in the property upon which the Licensor's right-
of way is located.
2. The carrier pipe shall consist of 24" ductile iron or concrete having a minimum wall thickness of
0.37" for ductile iron or 1,88" far concrete, which carrier pipe shall be encased in a 36" x 155' steel casing
pipe having a minimum wall thickness of 0.531" and a minimum yield point of 35,000 psi. Maximum
operating pressure of the pipeline shall not be greater than 150 psi. Licensee expressly agrees that its under-
track installation shall be by dry jack and bore method and that no boring or excavation shall occur within
Licensor's right-of way, nor shall any boring occur in the track embankment. The angle of the pipeline
crossing beneath Licensor's property and tracks shall be no less than seventy-four X74°}degrees.
Construction, maintenance, operation, use and removal of the pipeline shall not endanger the safety
or condition of Licensor's property in any way, or the operation of trains or cars, and the pipeline shall be
laid at a minimum depth of eight feet six inches X8'6"} below the bottom of Licensor's b,~se of rail and at a
minimum depth of four feet ~4'} below ground level at all other points on the right-of way. Excavations
made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, and the ground
left in the same condition as before laying of the pipeline.
The pipeline shall be maintained so as to prevent the escape of its contents being conveyed.
Connections or valves shall not be placed in the pipeline nearer than forty X40} feet from the center of
Licensor's nearest track. Further, the pipeline and its operation and use, shall comply with any and all
applicable governmental laws, rules, and regulations. The parties hereby incorporate the requirements of 41
C.F.R. §§ 60-1.4~a}~7}, 6D-250,5, 60-741.5, and 29 C.F. R, part 470, relating to equal employment
opportunity, if applicable. If required by Licensor, gates and check valves shall be placed in convenient
locations.
l
Construction, maintenance, operation, use and removal of the pipeline shall not endanger the safety
or condition of Licensor's employees or property in any way, or the operation of trains or cars. The location
of the pipeline shall be marked, with markers maintained and plainly visible at the right-of way lines.
3. Licensee shall promptly make necessary repairs to the pipeline, and, in the event of Licensee's
failure to do so, repairs may be made by Licensor at Licensee's expense, which cost Licensee expressly
agrees to pay upon presentation of the bill.
Should Licensor at any time decide a change in the location ar other changes in the pipeline are
desirable, Licensee will at its cost make the changes at Licensor's request, and, upon the failure of Licensee
to do so, Licensor may make such changes at Licensee's expense, which expense Licensee expressly agrees
to pay upon receipt of the bill.
LICENSEE HEREBY ASSUMES ANY AND ALL RISKS ARISING OUT 0F, INCIDENT
T0, OR IN ANY WAY CONNECTED WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, USE OR REMOVAL OF THE PIPELINE. IN CONSIDERATION OF THE
PRIVILEGES HEREIN GRANTED, LICENSEE, TO THE FULLEST EXTENT PERMITTED BY
LAW, EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND SAVE HARMLESS LICENSOR
AND ANY OTHER RAILWAY COMPANIES OPERATING OVER OR USING THE TRACKS OF
LICENSOR, ITS OR THEIR OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
SUCCESSORS AND ASSIGNS, AS THE CASE MAY BE, FROM AND AGAINST ANY AND ALL
ACTIONS, PROCEEDINGS, CLAIMS, DEMANDS, LOSSES, OUTLAYS, DAMAGES,
LIABILITIES AND EXPENSES ~VVHETHER ARISING IN OR BASED UPON TORT,
CONTRACT, STRICT LIABILITY, OR OTHERWISE) INCLUDING ATTORNEYS' FEES,
WHICH MAY BE INC[JRRED ON ACCOUNT OF INJURY TO OR DEATH OF ANY PERSON
WHOMSOEVER, OR LOSS OF OR DAMAGE TO ANY PROPERTY IN ANY WAY, DIRECTLY
OR INDIRECTLY, RESULTING FROM, ARISING OUT OF, OR CONNECTED WITH THE
CONSTRUCTION, MAINTENANCE, OPERATION, USE OR REMOVAL OF THE PIPELINE BY
LICENSEE OR BY ANYONE ACTING IN ITS BEHALF, ITS OR THEIR, AS THE CASE MAY
BE, EXERCISE OF OR PERFORMANCE OF OR ITS OR THEIR FAILURE T4 EXERCISE OR
PERFORM ANY OF THE RIGHTS, PRIVILEGES, DUTIES OR OBLIGATIONS GRANTED OR
IMPOSED UNDER THE PROVISIONS OF THIS AGREEMENT. LICENSEE, TO THE FULLEST
EXTENT PERMITTED BY LAW, AGREES TO DEFEND, INDEMNIFY AND SAVE HARMLESS
LICENSOR AND OTHER RAILWAY COMPANIES OPERATING OVER OR USING THE
TRACKS OF LICENSOR, ITS OR THEIR OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST THEIR OWN
NEGLIGENCE, EXCEPT FOR SUCH INJURY, DEATH, LOSS OR DAMAGE WHICH MAY BE
DUE TO THE SOLE ACTIVE NEGLIGENCE OF LICENSOR, ITS OFFICERS, AGENTS,
SERVANTS, OR EMPLOYEES. LICENSEE HEREBY RELEASES LICENSOR AND OTHER
RAILWAY COMPANIES OPERATING OVER THE TRACKS FROM ANY DAMAGE TO THE
PIPELINE FROM ANY CAUSE WHATSOEVER.
4. It shall be the exclusive duty and responsibility of Licensee to inspect the property subject to this
Agreement to make sure that it is safe for the entry of its employees, agents and contractors. Licensee shall
advise all of its employees, agents and contractars entering the property of any safety hazards on the
property, including, without limitation, the presence of moving vehicles, buried cables, tripping hazards and
overhead wires. Licensee shall instruct all of its employees, agents and contractors entering the property
that all persons, equipment and supplies must maintain a distance of at least twenty-five X25}feet from the
2
centerline of the track unless authorized by the on-site railroad flagman to be closer than twenty-five X25}
feet. Licensee shall ensure that no personnel, equipment or supplies under its control are within the
clearance point of the track when moving railroad equipment may be seen from or heard at the property
subject to this Agreement. Finally, Licensee shall adopt, publish and enforce safety rules for its employees,
agents and contractors that will be on Licensor's right of way consistent with the requirements of this
Section,
5. Rights herein granted are personal and may not be assigned without Licensor's written consent.
The provisions of this Agreement shall be binding upon the successors and permitted assigns of both parties.
b. Upon termination of this Agreement, Licensee shall immediately remove the pipeline from the
property of Licensor and restore the property to its original state. Upon failure of Licensee to remove the
pipeline and restore the property to its original state, Licensor may remove it and restore the property to its
original state at Licensee's expense, which cost and expense Licensee agrees to pay.
7. Licensee shall not enter nor commence construction on or under Licensor's property or right-of
way unless accompanied by a qualified flagman. Licensee will be responsible for all flagging expenses
and arranging the necessary flagging associated with the installation. Arrangements for flagging
protection can be made by contacting an approved Licensor qualif ed flagging contractor at least thirty X30}
business days in advance of the commencement of work on or under Licensor's property. Licensor's
designation of a company or individual as a "qualified" flagman or flagman provider shall be canstrued
solely as Licensor's willingness to allow said individual or entity to provide flagging services on Licensor's
property without further proof of qualification, and shall not be construed as an endorsement or other
verification of the abilities or qualifications of said flagman or flagman provider by Licensor. All flagmen
provided hereunder shall be treated solely as independent contractors of Licensee, with no relationship to
Licensor, for all purposes hereunder. Licensee and its agents, employees and contractors will clear the
tracks when directed to do so by the flagman. The presence of the flagman will not relieve Licensee of its
duty to keep all of its agents, employees and contractors clear of the tracks when trains are in dangerous
proximity to the licensed area. The actions or inactions of the flagman shall be construed for all purposes
hereunder as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of defense,
indemnification, and saving harmless under Section 3 of this Agreement.
Licensor will provide, at Licensee's expense, an inspector to oversee Licensee's work on
Licensor's property. To enable Licensor to make an inspector available to oversee the work that is to be
performed under this Agreement, Licensee mgt submit a written scheduling request to Licensor's
scheduling agent, which request is received by the scheduling agent a minimum of thirty X30} Business
Days before Licensee proposes to commence work on Licensor's property. ~A "Business Day" is any
day Monday through Friday which is neither a federal holiday nor a state holiday. at the address of
Licensor's scheduling agent stated below.) The request must contain Licensee's name, the date of this
Agreement, the location of the work to be performed, and how many consecutive Business Days will be
required for Licensee to complete the work. Licensee's written request must be delivered to Licensor's
scheduling agent at the following location;
Ms. Shannon Haas
Hanson-Wilson, inc.
4015 South 148zn Street, Suite 100
Omaha NE 68137
Fax: 40~-896-9300
3
~ a
Davs hefnre Licensee's nrnnnsed commencement of wnrk_ T,icensnr mav_ if it is ~n hle to nhtain an
~._
.._ - -_ _ _ .. -.., w ,. -- -. .. - _ _ _ 1 _ _ _ -- _ _ _ _ ---
1--- ----~_1-1_ 1- ~ - ---------- ---~ _r~1-- ------1- --- ~f-- T --------?_ .-------___~
cnmmencement_ date.. If Licensor will not allow the work to proceed an Licensee's proposed
commencement date because the scheduling request did not reach Licensor's scheduling agent in time,
Licensor will inform Licensee of this fact as promptly as possible and work with Licensee to arrange an
alternative commencement date for the work.
The inspector will remain at the site on a reasonably continuous basis to oversee the work, and
charges Will accrue for each day spent awaiting the completion of the work and the installation of
appropriate signs marking where Licensee's facilities enter and leave Licensor's right of way. Licensee
Wlll, within thirty X30} days of receipt of a bill from Licensor specifying in reasonable detail Licensor's
costs and expenses of providing the inspector, reimburse Licensor far all of Licensoe's costs and
expenses of providing an inspector.
Once Licensee has submitted its scheduling request to Licensoe's agent, should Licensee require a
change to the scheduled date, Licensee shall provide Licensoe's scheduling agent at least two t2} Business
Days' notice prior to the requested start date of the work. If Licensee fails to provide two (2}Business Days'
notice of the change, Licensee shall be charged, and agrees to pay, the daily rate, and any travel costs
actually incurred, for the inspector for one day.
8. Licensee agrees to pay to Licensor for the use of Licensor's right of way and the privilege
hereby granted the one-time fee of SEVEN THOUSAND TWO HUNDRED FIVE AND NOII00
DOLLARS x$7,205.00} upon execution of this Agreement.
9. This Agreement shall continue in force for one (1) year and thereafter until terminated by thirty
(30) days notice in writing given by either party to the other.
10. Environmental Protection; Licensee shall not permit hazardous waste, hazardous substances or
hazardous materials has those terms are defined in any federal, state or local laW, rule, regulation or
ordinance} on or in the area covered by this Agreement without the written consent of Licensor.
Licensee shall at all times keep the area covered by this Agreement in a safe, clean and sanitary
condition, and shall not mutilate, damage, misuse, alter or permit waste therein. Should any discharge,
leakage, spillage or emission of any hazardous waste, hazardous substance or hazardous material or
pollution of any kind occur upon, in, into, under or from the area covered by this Agreement due to
Licensee's use and occupancy thereof, Licensee, at its sole cost and expense, shall clean all property affected
thereby, to the satisfaction of Licensor and any governmental body having jurisdiction thereover.
Licensee shall comply with all applicable ordinances, rules, regulations, requirements and Caws
whatsoever including Eby way of illustration only and not by way of limitation} any governmental authority
or court controlling environmental standards and conditions on the premises and shall furnish satisfactory
evidence of such compliance upon request by Licensor. IF, AS A RESULT OF LICENSEE'S
OPERATION HEREUNDER, A.NY SUCH ORDINANCE, RULE, REGULATION,
REQUIREMENT, DECREE, CONSENT DECREE, JUDGMENT, PERMIT OR LAW IS
VIOLATED, OR IF, AS A RESULT OF ANY ACTION BY LICENSEE, ANY HAZARDOUS OR
TONIC WASTE, MATERIALS OR SUBSTANCES SHOULD ENTER OR OTHERWISE AFFECT
4
ANY PART OF THE AREA COVERED BY THIS AGREEMENT INCLUDING SURFACE,
SUBSURFACE, AIRBORNE ANDIOR GROUND CONTAMINATIQN}, LICENSEE SHALL
DEFEND, INDEMNIFY AND SAVE HARMLESS LICENSOR FROM AND AGAINST ANY
PENALTIES, FINES, COSTS, RESPONSE, REMEDLAL, REMOVAL AND CLEAN-UP COSTS,
CORRECTIVE ACTION, NATURAL RESOURCE DAMAGE AND DAMAGES AND EXPENSES
OF ANY OTHER NATURE WHATSOEVER, INCLUDING LEGAL FEES AND COURT COSTS,
IMPOSED UPON OR INCURRED BY LICENSOR, CAUSED BY, RESULTING FROM OR IN
CONNECTION WITH SUCH VIOLATION OR VIOLATIONS.
FOR THE PURPOSES OF THIS ENVIRONMENTAL PROTECTION SECTION,
LICENSEE AGREES TO DEFEND, INDEMNIFY AND SAVE HARMLESS LICENSOR FROM
AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITY,
RESPONSIBILITY AND CAUSES OF ACTION (WHETHER ARISING IN OR OUT OF TORT,
CONTRACT, STRICT LIABILITY, OR OTHERWISE} ASSERTED AGAINST THEM FOR
DEATH, INJURY, LOSS OR DAMAGE RESULTING TO LICENSOR'S EMPLOYEES OR
PROPERTY, OR TO LICENSEE OR LICENSEE' S EMPLOYEES OR PROPERTY, OR TO ANY
OTHER PERSONS OR THEIR PROPERTY, AND FOR ALL PENALTIES, FINES, COSTS,
RESPONSE, REMOVAL, REMEDIAL AND CLEAN UP COSTS, CORRECTIVE ACTION,
NATURAL RESOURCE DAMAGE AND DAMAGES AND EXPENSES OF ANY OTHER
NATURE WHATSOEVER, INCLUDING LEGAL FEES AND COURT COSTS, ARISING FROM,
RELATED TO OR HAPPENING IN CONNECTION WITH THE USE OF THE AREA COVERED
BY THIS AGREEMENT BY LICENSEE AND ITS AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS AND REPRESENTATIVES.
FOR THE PURPOSES OF THIS ENVIRONMENTAL PROTECTION SECTION,
LICENSEE FURTHER AGREES THAT ITS OBLIGATION OF DEFENSE, INDEMNIFICATION
AND SAVING HARMLESS HEREUNDER SHALL BE STRICT AND ABSOLUTE AND SHALL
REMAIN IN FULL EFFECT IRRESPECTIVE OF ANY NEGLIGENCE ON THE PART OF
LICENSOR.
11, So long as this Agreement is in effect, Licensee agrees to maintain comprehensive, general, and
contractual liability insurance that covers Licensee's maximum potential liability under the Texas Tort
Claims Act. Licensee may discharge this obligation through a self insurance, self retention program that
satisfies all applicable laws, rules, and regulations,
12. Licensee agrees to furnish Licensor with a certified copy of resolution or ordinance adopted by
the City of Denton, Texas, authorizing the Mayor and City Clerk to execute this contract on behalf of the
City.
[Remainder of page intentionally left blank]
5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate by their authorized representatives as of the date first above written,
THE KANSAS CITY SOUTHERN RAILtiVAY COMPANY
By
Senior Vice President International Engineering
Date
CITY QF DENTON, TEAS
By
Title
Date
Attest
^ ^ ^ ^ ^ ^ ^ ^ r r^
EXHIBIT 4
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PUBLIC UTILITIES BOARD AGENDA ITEM #3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2008
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
January 14, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Phil Gallivan, Randy Robinson, Bill Grubbs
and Bill Cheek (arrived at 9:03)
Absent: John Baines, excused
Ex Officio Members:
George C. Campbell, City Manager
Howard Martin, ACM Utilities
Chair Charldean Newell announced that a quorum was present and convened into a closed
meeting at 9:00 a.m. to consider the following under the provisions §551.08 of the Texas
Government Code.
OPEN MEETING:
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
designee, to implement each item in accordance with the staff recommendations.
1) Consider recommending adoption of an ordinance approving an easement purchase
agreement between the City of Denton and Chain 7 Ranch L.P. for sanitary sewer and lift
station purposes in the Levi Myers Survey, Abstract No. 853, Eli Myers Survey, Abstract No.
871 and the V.E. Gallon Survey, Abstract No. 452, all in Denton County, Texas; authorizing
the expenditure of funds therefor; and providing an effective date.
2) Consider recommending adoption of an ordinance approving a pipe line crossing contract
between the City of Denton and the Kansas City Southern Railway Company relating to the
location of a City water pipeline within railroad right-of way located immediately north of
said railroad right-of way's intersection with Roselawn Drive within the Asa Hickman
Survey, Abstract Number 521, City and County of Denton Texas; authorizing the
expenditure of funds therefor; and providing an effective date.
3) Consider recommending approval of Bid #3935 to Thelin Recycling for contract wood waste
grinding in an amount not to exceed $115,000.
Board Member Dick Smith moved to approve Items 1 through 3 with a second from Board
Member Randy Robinson. The motion was approved by a 6-0 vote.
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) for
the acquisition of 29 vehicles for various City of Denton General Fund Departments by way of
an Interlocal Agreement with the City of Denton; and providing an effective date (File 3953-
Interlocal Agreement for the Purchase of General Fund Vehicles for the 2007-2008 fiscal year
awarded to Philpott Motors in the amount of $559,658).
FILE INFORMATION
This contract is for the acquisition of twenty-nine vehicles approved for the General Fund
Divisions in the 2007-2008 budget process. Twenty-three of the vehicles are motor pool
replacements and the other six vehicles are fleet additions. A list and description of the vehicles
is shown below. (FA) stands for fleet addition.
Cat# Description uant. Price Ea Total Department
1 1/2 Ton Ext Cab P/U 2 $19,402 $3 8,804
2 1/2 Ton Reg Cab P/U 2 $14,565 $29,130
3 1/2 Ton Ranger Ext Cab P/U 2 $12,927 $25,854
3 1/2 Ton Ranger Ext Cab P/U 1 $12,927 $12,927
4 1/2 Ton Ranger Ext Cab XLT 3 $13,715 $41,145
4 1/2 Ton Ranger Ext Cab XLT 1 $13,715 $13,715
5 3/4 Ton Crew Cab/Chassis 1 $16,878 $16,878
6 3/4 Ton Crew Cab Diesel 1 $27,503 $27,503
7 1/2 Ton Supercab P/U 2 $17,015 $34,030
7 1/2 Ton Supercab P/U 2 $17,015 $34,030
8 11/2 Ton Cab/Chassis 1 $31,516 $31,516,
9 1 Ton Cab/Chassis 1 $27,954 $27,954
10 Small SUV Hybrid 5 $23,979 $119,895
10 Small SUV Hybrid 1 $23,979 $23,979
11 Midsize SUV 1 $20,196 $20,196
12 Full Size SUV Expedition 1 $21,735 $21,735
13 Midsize SUV 1 $21,3 89 $21,3 89
14 3/4 Ton Reg Cab P/U 1 $16,878 $16,878
Total 29 $557,558
Fire
Sts/Cde En(FA)
Bld Insp
Bld Insp (FA)
Fire
Fire (FA)
Fac Mgmt (FA)
Fire
Fac Mgmt/Fire
Police/Plan(FA)
Parks (FA)
Parks
Police
Police (FA)
Police
Police
Police
Code Enf (FA)
'The vehicle prices shown above do not include service manual costs or H-GAC fees.
Agenda Information Sheet
February 5, 2008
Page 2
FILE INFORMATION(CONTINUED)
Total Cost of Vehicles $557,558
Fee for Service and Parts Manuals $ 1500
Maximum Total Buy Board Fee $ 600
Total Expenditure $ 5 5 9, 65 8
All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EPA
standards.
RECOMMENDATION
Award to Philpott Ford in the amount of $559,658 as shown on the individual H-GAC contract
pricing sheets included as Exhibit 1.
PRINCIPAL PLACE OF BUSINESS
Philpott Ford
Nederland, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery can be made within 60-120 days of receipt of an order.
FISCAL INFORMATION
The acquisition of these units will be funded from Certificate of Obligation funds account
101111.
F,XTTTRTTC
1. H-GAC Pricing Sheets
Respectfully submitted:
. \¢~~
~,
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3953
_ Exhibit 1-Category 1
C~~TRACT ~RIC~G ~V[]REET Contract ~ '
VEO3-0~ Date ~ ~1~3107~
For Standard Equipment Purchases No.. ~ Prepared:
phis Form rnus~ bcprepared ~y ~or~~rac~ar andgr`vcn fo Ertd ~Tser. a ~'-~lC ~drnirtis~r~~iv ee s~a~~ b .
~d user ass ,~ ~ shown an S'ec~~an
ues PQ fo Cor~~ra~fnr, and ~1~7'ac~so fax a copy of P~, together wif~t cony ~eted.P~i~ir~ ~o~ks~tec
p ~ ~o I~'-
~~;a 7I3-~9~-~5~~. ~'Iease fyp~ orprint Ieihly.
~ ~~~ iCITY ~E I)ENTON Contra~ror. ;PHILP
~ ~ O'TI' MOTORS
Contact FMI~E ELLr ~
Person: ~~` CAI V~LEY
Phone: ~ 940 3 94-$424 done: ~ $ $ S 85$7 $ 01
Fem. Fax: .254 8~5~~I ~ s
~~~~~. ;r~~k~.efli~ cft o~den~~n.am ~ ~~~: ;~wil~ ~4 aof,earn .
Code~t ~ Dz4 D~scriptioa; ;~OO7 FORD F~~O SUpI~CAB I~,
Prod~rct item base Unit Price Per Contractor`s ~-SAC o~#ract:
$ ]4,92.00
. Published options - ~teniize below - A#tach additional sbeet(s} i~` necessary - include 0 tion Code ~ de '
P scr~pt~on if appl~cabic.
ote. Published Options are options which were submitted and priced in Cantracto~'s bid. .
Description Cost ~ Description
1 Cost
UTOMATIC TRANSMISSION '
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rr,...:: - M : „`. - _ ,~ ~~~~ ~':,',~' ,F~=~:'~; :: ~'~~~ ~~~, ,.} VOTE
r//r--~~ : r ~ L~r ... :'::~..,r t~.'. - .-}; Jiy`'.~y~,~ ~k.;~li ~', ~(W.: •~M1YY4zr y'ec'::.'S'~;;i ':~\^1 :. yr_~. ~
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~'Y'c~.; J~*t'i;~ ~Ji.i~~l_7•',c~"}{7u;livWf~ +;~'.';:'n'"~T,~ ~+~"j1"7 ! 110
-.~~ UPER ~ ~ ~~~ ~~ ~ ro ~` ~ >~ ~, ,4~43~00 ~ SSE DD S ~ ,: r~~~~~~^~-
.r. ~ ~ ~ ~ ~ ~ ~' ~r ~ {~- ~ NOTE
rr tiR ~ S-LOI t ~' - ~ ~ ~ ~~ ~ '~,~ ~r~« + ~ ~ ~ r~,~~`;~:>f.~:<<
PCB TI}o -~~D1t5 ~ ~~ P J.i~ ~ ~ ~` ~ ,:~
TILT STEERING DEL ~ INCL
AM-FM CD ~ I1riGL ~obtotal From Addi~on~I Sheet s
' ~~
~I2150 INCI~ HE~LBAS~ ~.5 FT BEII ; $ 25~.t~ Subtotal B: ~ 4 91 b.D0
> >
C. ~]npublished Options 4 Itenuze below ! attach additional sheets) ~ necessary.
(Note: Unpublished vp#ions are items which were not submitted and priced in Cantracto~s hid.) .
Description a Cost ~ Descri tiou
p Cos#
PDI CHARGE ~ 80.0(} HOUR h~TER AND UNDERHOOD LiGI~T
~ 89.00
~OZA 2048 ~I, MODEL ; $ {1,250,00) Subtotal from Additional Sheets
{~
I EXTRA SECURR,OCI~ I~EY _ : $ 2.00 Subtotal C: ; $
X956.00}
Check: Total cost ofUnpublished Options ~C} cannot exceed 25°l0 of the total o~ the Base Unit
Price plus Published options ~A+B}. ~ ~ For Ibis txansactiou the pexcentage is: -~°Io
D. Dt~er Cost items I~1ot Itemized Above (e,g. Installation, Freight, Delivery, Etc. .
Description ~ Cost Des~ption ~ Oost
1
X12 FAGT'oRY AND PI~LPOTT DELIYERY ; ~ 450.00 ;
Subtotal D: ; $ 450,00
~. Total Cost Before Any Applicable Trade-In 1 Other Allowances 1 Discounts ~A+~+C+D~ I9 402
~ .00
Quantity Ordered: Z ~ Subtotal of A + ~ + ~ + D: 19,402.00 ~- Subtotal E: ~ $ 38 804.D0
1
~'. ~-SAO Fee Calculation mom Current Fee Tables) Sbo0.OD PER FURCIiASF DIiDER Subtotal F:
~ 1
de~Ins 1 Utter Allo~-ances J Special Discounts
Description Oast DeserIption , ~ Cost
Subtotal U: ; $
Estimated Delivery Date:; ~ OKAYS ~I# Total ~~re~ase uric +
~ Category 2
~NTRACT' PRZIN ~R~SHE~T Con#~act ~ Hats
Far Standard Equipment I'urchas~ No.: ~E03-OG . ; t II1~1~7
Prepared. ;
1G'or~rn rrrr~,~f ~~ prepared by antraef~r acrd given ~o End ~Tser. ire -~~# ~ adrrri~rr'str ~ •
atrve, fee ~it~ii be shawrr rrr Sec~on
td ~Tser sues ED ~o an~rae~or, acrd ~1~T,S~'aisa f ax a co o P~ ~o e~lrer , .
~]~ ,~ wrth ea~rp%~ed Erre~n~ ~arksee~ fo -
~ a 7~3~993-45'48. ~Iease type orprirr~ ~egx~Iy.
Agency ;~~ OF ~~r 1 oN CU~trnCmr: ~~HiL~'o~' M
oTOR
r ~
Person t ~ MICE ELLrS Prepared
- ~~, ;ALAN V~II.rEY
Fhone: ~ 394-$~~~ Fhone: +$$$ 5$~7$O1
Fay. ~ Fir: f~54 865-911 S
~matl; ;f~l~l~f.~f.LflT1~~F!]EfON ~fUf Email: ~8wlf~ $45 ~ol.C~r~
cod~e~-, ~ ~ D23 Descripdon: ;FOLD FI5p I~EG>;~A.R CAB
Product Ytem Base knit ~riee Per Cantrac#or~s H-SAC Contract:
$ 17',415,00
. Pnb~ished options - ~#enai~e below - At#ac~ addi~ionai sheets} if necessary • Inc~~de ~ ion Cade in descry '
ote: Published op~ons are options which were submitted and 'ced ~n Contractoz's b' ~ photo tf ~AA~rCab~e.
p~`~ ~d.}
Description ~ ~ -Cast Description
Cost
UTOIV~A~o N~sroN
sTD ExTER~oR~~ ;
~ coNDr~oN~vG ; T~ ~rrER~oR--DRAY ;
145" B ~' BED ~ ;~.~~ ~ ; ' ~,x~:
~~~y"~rTT! ~~.+1Y p1 F~'i~}e{y [i~ r+ '/fir ~ rr~v ~.t .,~ ~,x'":=i'~-_J~~s~~' '~xy~.~ a'~':~#. ~ ~~i~aV i~^7' _ ... ~'1:; •.~" -.5,,.. ~! .- -
i,.. '
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..
~:
~ i.
...,~ rr.,i~ ''~ X15 ,.:fir :i#
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~rrs~ISZON ou. C~oLER ~~ ~
EVER H~'CH TUBE AND ?-PIN CONNECTOR ~ IlVCL
{?08 MODEL r NOTE Subtotal Fram Additional Sheet •
~s~.
Subtotal ~: ; 270.00
~. Unpublished ~p~ons - Itenuze below 1 attach additional shee#[s} if necessary.
ote: Unpublished aprons one items which were not submitted ar~d priced. in Contxacto~s bid.} -
DeSCription ~ Cost De ~ ~ ,
scriptian ~ Cost
DI CH,~RGE ~ '
~ 80.00 HOUR II~ETEl~ AND UNDERI"IQOD L: ~--+-. ! $ I V 9~0~
1 Z 4~2 REGULAR CAB $ FT LONG ICED ~ $ (3,Sb4.00} Subtotal From Additional Sheet s
~~
I EXTRA ECURILOCIC 1CEY : $ 25.{10 S h
Check: ~'otal cost ofUnpublished Options (C} cannot exceed 25~I~ o~tl~e total oi`the BasoUnit
Price plus Puh~ishcd options (A+$~. ~ For this transaction the percentage is: ~20%
. ether Cost Items Not Itemised Above ~e.g. Installation, Freight; Delivery, Etc.}
Desc~ption Cost ~ Descri lion f
P Cast
SLIVERY ; $ 450.00 - ;
r
Subtotal D: ; $ 450.00
.Total Cost Before Any AppiicableTrade-In f Other Ai~Qwnnees !Discounts (A+~+C+D~
14,565.00
~uaa~ty ordered: ~ ~ Subtotal of A + B + C + D; 14,565.0[1 = Subtol E:
$ X9,130.00
. ~-CAC Fee Calculation ~Frorn Current Fee Tabies) X600.00 PER FtJRCHAE ORDER Subtotal
F. ,
1 de-•Yns ! Other ADo~-ances # Special Discounts
Descrlptio~t Cost Description Cost
~ ~ i
f ubtutal ~; ' ~
~ r •
Estimated Deti~v~ry Date: ! 9a DAYS ~I. Tvtal Purchase P ' -~ ,
rice ~E F~G~. ~ ~9,~~0.0~
Category 3
~N~'~A'~' PICLN~ ~RK~H~~T Contract ; }ate
For Standard ~ ui meat I'uxchases Na.: VED3-~6 ! ; i 11~31~7
~ P Prepared, ;
~~~~' ~"orr~ r~us# be~repared ~y or~~rac~ar ~r~d given to a~ User. 7~e ~-~~C ~dn~irtis~ra~ty~ ee shall be show ,
User r~sues. P~ to Cvn~ra~~ar, ar~~ UST' also fax a copy of ~'~, together welt yam Ie~ed Pricln ~orksltee ~o ~I-
~ ~ ~
~ 7I3-993-45 Please ~j pe or~r~~r~ ~exb~y.
~~~~;~ ;cITY ol+ DENTIN ~ari~acror, ;pH~,~oTr ~roroRs
conc$cr 1~ ELLIS Fr~a~e~
Person. ~~+ ;ALAN W~LEY
~'hnne: X940 39415424 Fb~ne: ;888 558-7801
Fax. ~ Fax: ~~54 865-9115
Ema1r. ~ ~~~t; ~awi~e 545 c~,ao~c~~
Fro~uct ~ D~1 Descrigti~a: ;2005 FORD ~t.ANGER SUPER
c~~: Ci~
Product Item Base Unit price Per Contractor's H~GAC Contract: $ I Z 081.
.Published Dp~ons - Y#emi below -Attach addit~ona~ shee#~s~ iI necessary - Include ~ptioa~ Code in descri Lion if a ~icabie~
ate; Published Options are options which were submitted and priced in Contractors bid. ~ PP
Description Cost Description Cos
A
?2 ,AIR CON~DTTIONIl~G '
INCL WHITE ;
D AUTOMATIC TRANSMISSION G97.
x~~
126" VI" D ~,,' i
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Subtotal Fram Additional Sheet{s): -
Subtotal ~: ; $ - 7~~.i~D
C. Unpublished ~p~Qns - Ytemize below 1 attach addi~onai shee#~s} i~ necessary.
ate: Unpublished optfans are items which were not submitted and priced in Can#racto~s bid.}
Descriptiau Cns# Desptron Cost
DI CHARGE ; ~ 84,0(}
5ubtvtal From Additfanal Sheets):
' Subtotal C:: $ 8D,D0
Check: Total cost ofUnpublished op~ons {C} cannot exceed ~5°/0 o~t~e to#~I ofthe Base Unit
Price plus Published op~ans ~A+B). ~ For ~~ nsaction the percentage is. 1 °/o
. ether Cast Items Nat Itemised Above (c.g. Ins#a~tatian, -eight, Delivery, Etc.)
Descrfp~on Cast Description ~ -
Cast
~ A
~ F
1
' Subtotal D: ; $ -
.'~'otal Cast Befaxe Any Applicable Tr~rde-In ! ether Altowances I Discounts ~A+B+C+D) ; $ 12,~'~.a0
quantity ordered: 3 ~ Subtata~ afA +B ~- C + D: $ I2~27,00 ~ Subtotal ~: ; ~ 38,781 rVV
. ~;GAC Fee Calculation (From Current Fee'I'ables} Subtotal F:
ode-Ins ! der A~Ilowances 1 Special Discounts
Description Cast Description ~ 'Cost
! A A
ubtotal
~st~mated Delivery Date:; 9D SAYS H. T~~~~ Purchase Pr~c~ ~-~'~ ~s
ti
Category 4
CONTRACT' PRICING WORKSHEET Contract ~ Date
For Standard Equipment Purchases VE03-06
No.: 11/13/07
Prepared::
Thin Form must be prepared by COntraMOr and given to End User. T7te H-GAC administrative jee shall be shown in Section
d User issues PO to Contractor, and MUST also jax a copy ojPO, together with compleeed Pricing Worksheet, to H-
GACQ 713-993-4548 Please type or print legibly.
BOA :C1TY OF DENTON
sz~
canintme: :PtIII.POTT MOTORS
Coatsot
Persoe: ;A'HICE ELLIS ~
Wised ;ALAN WILEY
Phone: :940 394$424 Phone: :868 858-7801
r°0 ~ lu: :254 865-9118
em>o: zmw: :awilev06451a~aol.com
Yet D21
Codr. Dnafrtlov: ;2008 FORD RANGER SUPER CAB
Product Item Bsse Unit Price Per Contractor's H-GAC Contract:
S 12,081.D0
Published Options -Itemize below -Attach additlonal sheet(s) if necessary - Include Optlon Code in description i[ applicable.
ote: Published Options esv options which was submitted and priasi in ConttaMots bid.)
Description Cost Description Cost
72 AIR CONDITIONING INCL TORCH RED
4D AUTOMAT]C TRANSMISSION S 697.00
126" WB S'""~^? _ ~.~++as~ ~
].~.
.k ~.
.OL V6 GAS ~' ? yl.ra -5-`r s~~ ~"~ ~ .~{'~.~F~'.c~
Y e~i t 0. ~. f 1/'N^41{AY1J .e.{-.w Y ~ an<f( ~ I.1
' l~ ~. ~SJr ( li A- NeIE~~
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FS-I.(~CIC~:M
~ ~
`te3~e~iU ~ri +:'c-~ g~~,-..,,: yr ,x
.
,
0_QUII2ES X4Tf1~,RAD - E)? S, C]T.) C s e s ~
~
`
''
~ :
1D FULL SIZE SPAS y. • ~ S Y6 . r
as r d+
.~.
..
'` " `• .
SvbtoW From Additloval Sheet(s):
Snbtotnl B:; S 1,078.00
C. Unpublished Optlons -Itemize below / attach additlonal sheet(s) Hnecessary.
ote: Unpublished options are Stems which were not submitted and priced in Contracto{s bid)
Description Cost Description Cost
Dt CHARGE : S 80.00
867A XLT UPGRADE : S 476.00 Subtotal From Additloval Sheet(s):
SvbloW C:: S 556.00
Cheek: Total cast of Unpublished Options (C) cannot ecard 23%. of the rota) of the Base Unit
Pricc pins Published Options (A+B). : For thb travsaetlon Me percentage t9: 4%
.Other Cost Items Not Itemized Above (e.g. Installation, Frcighf, DdFery, Ett.)
Deseriptlon ~ Cost Deuriptlon Cost
Svbtotnl D: ; S -
.Total Coat Before Any Appficabie Trade-In/Other Allowances/Dluouvh (A+B+C+D) ; S ]3,715.00
Quaatlly Ordered: 4 X SvbtoW ofA+B+C+D: S 13,715.00 Subtotal E:; S 34,860.00
. R-CAC Fee Cakvlatlon (From Current Fee Tables) SvbtoW F:
ie-Ins / Other Allowances / Special Discovnd
Daniptlon Coct Daaiptlon Cost
abtotal C:: S -
Estimated Delivery Date:: 9o DAYS H. Total Purchase Price +F
Category 5
CO~'~'R~T P~IIN O~~~' Contract
'4~E~~-ab Date ~ ,1 ~1 ~ 317
for standard Pquipment Purchases Na.. 1 p~ ~lre •
p d. ,
T~#~ Farm mist be prep~re~ ~y ~ontracfor an~iue~r ~o end ~Tse~. ~ ~ • •
~ C ad~nrs~rat~ve fec s~ai~ be sawn r'r~ Section
~d ~Iser %ssue>~ ~ to arttractor, and ~TS~"ai~a~ax a c~ o P~ ~o ~ .
~ 7~3~ - pY ~ ether watt contpiete~Prtcang ~orksee~ ~o H-
993 454$, ~'Ieacse type or pr~~r~ ie~~~y
~~ ~ CiT~Y of DENTOI~
Agency: 1 '
Coutrnctnr: ~PI~~,POTT 1VIOTORS
Con~c# ;MAKE ELl*,IS Prep~r~ed 1
Person, ALAN V~,~Y -
By:
Phone. X940 394-$4~4 '88 S5$-78
. ,
Pha~~ ~~
Fes:
' Fix; ~2~4 ~5-1 ~~1'
r
~~~~: ;MI~~E.ELLI ITY~FDEh~"ON.C~ ~ a~~e ~~
~~~~: ~ 5 col"r.,orr~
Product
bode: ~ DIO Des~rlA~Ion: ;ZOOS FORD ~"Z50 REGUt.AR CA~JCHA,SSIS
Product item Base Uni# Pace Per contractor"s H-SAC Contr .
act.
~ ~~,~Il.oa
.Published Op~ons - Itemise below - Attach adda~onax sheet~~~ if necessa - Include
a#e; Published ~paons aye options which were sr~bmit#ed rY ~ptiori Cade zn description ~f ~ppl~c~ble,
and priced ire Contractor's bid.
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1 P ~ Cast
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kt - ~ ,.A~ .~R ~ Y ,..~y:.:,~ `~(rl c't '~~ W.~,~~ UV •. Li~~' r~4 ~ r, ~ +.~ .+tf,y ~~:~,~~, ~S' . s ~~~r'r~„
1 "~ i!~ ~.~ 'Irk .y `_ ~~ '~' ASF's.+!~
1 1
1
1 ~
~ 1
~ 1
Subtotal From Additio~at Sheet{S~:
' Subtotal B: ~ ~ ~,SbZ.00
. ~Tnpublished Op~ons ~ Itemise below 1 attach additional sheets) if necess
•
ote: Unpublished options are items which were not submitted sod priced in Con~~actor's bid.)
~escrip~an Cast
Descrtphnn host
1 EXTI IC~~ ~ ~ ~ x.00
1
Subtotal From Addidonal Sheet{s}:
i
1 Subtat~l ~: ~ ~ .~~
Check: Tatai cost of[~rrpublisl~ed ~ptirnis ~C~ carrt~o# exceed 2510 of the total of ~e Base Unit ~ '
Priceplus P-rblisl~ed ~ptio~s {A+$}, ~ For this traas~ctian the percen~ge is: Q°I~
1
.Other Cast Items Not Itemised Above ~e.g. Installations Freight Delivery, Etc.}
Description ~ Cost Descri d '
' p o~ ~ Cast
ELIVL~RY
r ~ '
1 '
1
' Snbtatal D; ; $ _
. Ta#ol Cast Be€ore Any Applicable Trade"In J Other Axlowances 1 Discounts ~A+B+C+D)
Quagtity Ordered; I, ~ 5ab#otai of A + B + C + D; ~ 1 ,8?8.00 --
Subtot~i ~: ; $ 1 b,8']5.00
. ~I-~AC Fee Calcuiatton From Cucren# Fee Tables}
Subtotal F: ;
de-tns 1 Dther Allo~-ances ! Special Diseavn~
Descripdap ~ Cost
F Description ~ Cost
1 ,
ubtotal G~ ; $ -
~~~nated D~~v~ry Date:; ~ 2~ l]AY ~I. '~otaY
1 ~llrCb~-$C ~rtCC + ~`~+~~~ ~.-----1.~,~'~~.~00. _.
Category 6
C~N~'R.ACT ~~IC ~~H~ET Contract ~ '
03-0 Date 1ll131~7
liar standard ~qu~pment Purchases No.. Pre tired;
1 ~ .
~'~' ~ ~o mr~s~ ~e~repared by C~r~frac~or ar~d ~~er~ #a end ~Tser. a H-~~ ~d ' `
rttrstra.~ve fee s~ta~~ be shown an ~`ect~ort
~d ~Tser issues PD #o ~'or~trae#or, aid ~~a~so fax a co ~ P~ #o ether wi# . .
~J' .~ ~ h eontp~efed ~r~ctng Aror~ksl~ee~ ~o ~-
~ ' u 7~~-993-¢,548. .P%ase #ype or~rr'rr# Iexb~~r. '
1
~~~~, ~C DF DENTO~i CoQtracta~r ;PHIL~F
OTT MOTORS
Contact ;MIS ELLY Frep~red
Person. ~~} iALAN WIY,EY
Phone: X944 394-8424 Phone: t$88 $5807$Oy
r
~ i
P'n`' F - Fay: X254 8~5-91 ~$ FA,~ ~oUR PURC~IASE ORD
ER HERE
. a
Ema~1. ~ Emaii: ~~IM~~ ~~ ~0~_.CO~I
0~11Ct r ~~~ ~eSCT~ t~On. I~~u~ ~~~ ~a ~.G~ ~ L fl'rU -
Code: F
Product Item Base Unit Price Per Cantractarts g-GAG Contract:
t s}o3 ~ .ao
. Publi~bed Op~ons - Itemise beio~v - Attach addit~ona~ sheet~s~ if necessary - Ynciude D Lion Code ' •
Note: Published ~pt~ons are options which were submitted and `c~ed in Contra ~ ~ deser~p~on ~f app~e~~ie.
cto~s bid.}
Description ~ Cost Deseri lion -
P 1 Cast
T A~"I"oll~f ATI~ TR,A„NSMISSION '
~ 7,091.40 EXTERIOR-RED
t 5TD
~ADYO H~AT'~R-DE>*`ROSTER
STD 883 CLOTH 4020-40 SCAT E/y'
i ~ ~~0.~~
72 AYR COND~'fI0 - ~: .~ ' $ ~I3 04 b3B /\4 ~_7l-7f, ~~1/~~''~k 7F7' L/'~ [/y~7~~{
sY S: ~;~ ~:~F~!' +:':s.;~-~~''~ '~~rA4 ~ ~.'r~'` t ~ fib 4a4~+'+JL+~_a~..iL~ YiW 1,JL l~~C {1 Lf~ILA~
' ~ '- '~ .";.-..., ,~-...tit :rTyt~ ~+ ~~,r,~,,~5;„~',~.{,~7+4,~.~ ,,rrr h ~~ 1 ~ Y i V V
w ~ ~ M1.i .a:q•~.. , i "5~ ~ ~ tih C'~ r ti .-.ti~[: - r }M~ ~S,}-r~ ..~''+,=5- ~ f!'7:rr.ti: i' I ~lr:~
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'~ ~ r" "~ N, '~'i:~'r `~ ~.:i~ ~, :btiti~' `rn,FY, ~':f~-; ~_;.~,.~j, '.~.~.~~~ ;. ,: ~~-4e'~Li';~~; • '; ~-' ~~ r /y ~y
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ti's ~ 5... ~~.i' ~~. f• ~+ ~ '~~y';~, +L . .. .. ~:.': :s ;~ 1 ~ ir~rV~
4L ~ ~~ ~ `'~'r ; ~ t'*~. ~ ~ '~~,'r ~~~ i."~ s ~f ~ `~- } ~ YM1.,~' ;ill _,~-:::;:' ~S+ c~}~ .. ~. ' n~HZ ~~
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ii: {.'k •1': i~ ..i .. r.. A -1~r., ,aw"y'~ ...j", '4,,.y,. ~..,:,.. r~tr„
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..
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c. 1. r...i- ~ ~' '1';p l~. .yY ~ V
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.: ~. ay~.»«:15P.`ri 'r7y'}i.: r~~ ..'A "~Y.~~,';~fr;. ';r I' ~ :~. s•,~.. ,~ S _7YSG~ =~'~~: i~: : -Sw,: i:~'~~ ~ 4~~ {,ik~ r .
1ITAJ 1W?1~-( Q T~'(}}I~ ~'~,r l~~r~, h a ;4-CI-I ~ "-~'~''~4 L''~ ~1"-F-. ~ f ;i" "~.. "~a• ~'. ~ ~. ~:".~::~- ~~~ 3~•.
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: t~~ ~.~ - ti ''r`~"~'~~, r flf+~.~~~)Z :7 . 7 ~ ~r'`.",. r.r t~.'~C.`r ~: t~ ~ti. ..t r „s ~:.~
"u~} { ~~ ~; rl~s ~r~.~~} 1r~;h~ ~ Wu };Fti{~i,t. ~. . 1.~~. , ,,4 .Y.. Fi~ ~y ~5'~ !~ >•~ '~ :,} n-f •A 'r'~'~ 1 !',1~' 't,;' ..J: '~' -
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- .. 'X _ C~ r;SS *'YY i - ~~o ~R"iir~-~~'~~ ~.•~ 'r 'i~', •,'.~-i r~r 5..` V
+P^"'J-- r~.f,',:rti ~l:','e.'lfl'y'~+~•..i,;c••~#.fi,.~ ~':`_~.' 7•.- R,~S tt{;`~:~:~, :~'e;'.;~
tit Nh1f _ ..~~~' _ ;4';~,~=:~F''~i•. ':,F~' K~ A .YM ;.Y ` ^~~~~. '~ i.r.•i:~ii. - s5 '. 't'-~•• ~,,~ 145.4U
{!'~. ~-ff'7F~F ~1''1~1~7~~ d.~.R.:.i r"~r~A"h .4: ~{~!~ ~y." S '4 `~b. .+.{.'1~~4 W7.15h;: L{+(.~ ~.~ ~ `.: -~'~'a1" f,'.I~ 1,
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~' ~ " - i'• i k'~ ^r'r t'i• ~~ ,, ~ .r; ~ d.'rr~s ,l ~ 7i C -a-. f e+ ~.Y.re,
.--a, .~, .ir.'~v1~ i'~ ~, tir ~ fL ~ '.~1». .a~ ,r.-t,_~.i 1~. .~:, ~~ {'~1rh- .;3~~ ""r{!:{: R{'y
~r'~ ~*: r ~ ^V~,S. Y;'rF.:. ''~~ ~. _ r l'.1:`'yy~ 4,. T i~- ~" ]• _.y .e ~: ~ `1,y" ' wr r 'i {
:9 '- ~i...~r .;.i` a~. '--rte (~'e':.; f-".-+ ,1,1e...7~ Y ~ LJ.
~F':tiN-5, 4b'.%F.•.:rr~~SE~~r ~;~'.'-r,~~ ~ ~'., Y. r. .:S-~ S '*'<~,'': 1
p fir- .~
' ICDMI~.~ ~~ FA OR ~ - ~~~~ `'~~'`~ ~
GRATED ELECTRIC BRAKE C U~F~~ 7,, ~,r , ~ ~~~ ~. + ~ ~ ~ ,~ .~~ '~w ~ ~ ~ ~~ ,~~:~,,~:7. e
NT(~LLER YNCI, '
~~ Po if iJR ~.I.rJ` To ii ~ol-~ + 1
~ ~~ 1
~ ~
r
. L Y)IE~EL-SEE REPLACEII-IENT BEI,Q ; $ 3,997.E Subtotal From Addi~onal ~h
eet{~~:
i
- R ~ 4 ' SuhtDtal $, ; ~- G,03.04
C. Llnpubhshed Options - Item~e beia~ 1 attach additional sheets) i~ necessary.
ote; Unpublished opdons sre items which were not submitted and priced in Contractor's bid,}
Description ~ Cost ~ Descriptran ~ -
' 1 Cost
CE LT2~5170RXY7E TIRES - ~ '
~ 25,00 67D 2D0 AMP ALTERNATOR 60.04
-PIN ROUND TRAILER LIGHT CONNECTOR ~ ~ X9.40 - 94L Pi`I4~VER 4~fNDO~Y ~,~
CAS $ 585.00
9R d.4L DIESEL UPGRADE AS PER FEDERAL STD. ; $ 1,519.00
~ubtntai C:: ~ 2,489.00
Checks Total cost ofLlnpublished options {C} cannot exceed 25°I~ of the tots] of the Base I7nit
Price pius Published options ~A+B}. ~ For his transactloa the percentage is: I 0°Io
r
r
.other Cast Items Not Itemised Above {e.g. Installatfon, Freight, Delivery, Etc.)
Descriptao~i Cyst Descrip#ion
~t~+ ~-~+ p , Cost
-DELIVERY x,14 ~]~~'~ ~ 1 Yo~ ~ ^ d.~ r
r
' Subtotal D: ; $ $4.00
.Total Cast Before Any Applicable Trade-In 1 Other Ailawances 1 Discounts ~A+B+C+D}
. ; $ ~?,543.00
Quantity ordered: I ~ Subto#~1 of A + B + C + D; ~ 27,503.00 ~ Subtotal E
$ 27,503.00
F. H-GAG Fee Calcuia~on [mom Cur'xent Fee Tables X600.00 ADMIN F PER P~JRC'ItASE URDER ~ubtota
~ F:
.~e'Ins f tither Allowances 15pecial Discounts
Description Celt Descrlp0on Cast
OMPLETE SET OF SERVICE MANUALS ~ $ 30040 ; , r
. ~ ubtota~ G. ; $ 300.04
st~~a~ed DeI~very Date: ; E~TAT~D i 2~ DAB ~. ~'ota~ Purchase P ' .
rice ~-~~+}. 2~,so~.a~
~ Cate or 7
9Y
C~NTR~CT PRICI11t ~~g~ET Con ~ f
tact Date
Fair standard ~~u~pment Purchases No.: V~~3-OG * ; I III31D?
Prepared. ;
~'~~~ Form must b,~reared by ~`oufrac~ar a~r~d `v~r~ fo .end ~Tser • • •
e ~`-~~4C udr~rr~r~frat~ve~~ s~Sal~ ~e s~owrz irs ~'ectiorr
~d ~Iser issues P~ fo ~orttracf~r, au~~IIS~'o~so ax a co o •
,~ ~Y .~~~~ foge~~s~r fh oo~rp%f~d ~r~c ~or~rsh
~ ~ 7~3~993-4~~8. P~~as~ fype or prim f I~ '~~ . ~ et, to H-
~-
A e~n~n~ ;~ of DENTON
~ ~'' Contractor. ~P~ILPp~`I` MDTO~S
Contact , IVEKIr ELLIS '
Per:oa. ~ ;ALAN LEY
y.
Plw~e: ~~4~ 394-844
Phone: ;SSB 85$-78~t
Fax; r
' Fes: X254 865-9I I$
Y
~~~~~. ;mi e.eili ci ofd~ntor~.~om
pra~~ct ~m~,c +~iie 8~5 aor.COm ,
' D~4 . Descr~~tion: ;~~~~ ~'~~} F150 SUPERCAB ~,
Cade: '
Product Item Base Unit Price Per Con#ractor's ~ SAC Contract:
.Published Options ~ ~temi~e be~nw - Attach a ' ' F ~ 14,99~.a0
dd~~onal sheets} ~ necessary - include ~pdan Code in descri ~iou ii~ ~ '
ote: PvbIished options are options which were submitted and paced in Contractafs bid. ~ pplicable.
DescrZpdon Cost
' Description Cast
UTo1VIA'I`YC TRANIS~ION r ~+
: ~1T~ - ~
IR CONDITIONING AND TILT ~TEI;RINC WHEEL TTY
r
145" ~.' QED ~ ~ ~yy,, ~Ir [ ~. ~~'* '~~ ~ .
WY ]Ij~~ y3 ~, r.,i.~'^k ~h~~'~[, ~ '}+.: J[+'r ' uli~!'r-` YS~T
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y A~ti'i[Sy~'~+<" ~t: z,.+i,i';;'d.'.':'~'f i%rs4..~:,1' f ~,~4..y'~1; ~r;_J'~,`i':T1J ^f„`~`%~:E'~~-%rH. ;r(`'~~-: i.~ !r~ ` ;4',.} 1
rf1T 1V~J((y ~/'^y ~^y ~ .'~; ~,'.,f. ~}`-°i,'M' S'Sii~ 14" xT .~~{"~.~ fir;. ti :u ... ;qt: SC' '~~ r,•~ ,4"~:`~ ~ vr'.~,! t ~~ s' e
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33`` ~ ~'
~-._, ;;~~~ .,3.~, .~. :,~;,; .: ~ ~ max, - ~.•{ `'r~''::u'.~ :,. q .~..; ,~.-. , _ rw .~r>,aea 'ao-r+'rm
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lk ;i; ~' S-:'..'4\; ~ wl~~' '. ~r 3~ 7r' ~--.~ 1f}+ ~'. ':i ~' a rJ •~l~r`f .r•: ,, .•~~~~[~itr~y~(~ ,r i' ~{ ~'` f :{
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..i i .Ki4 ~~ ~ '1: ~'~ ~,~,,; ~ 4 1: .:~ . ;r::' .r, {~yyy~ ~, •a strr,`:Mr~~~: e!-;. ~ a.:c~ :a. ~pp .~,iv. ~*,~1~}.:~!!'{ ' ~:....,:.,.
{ "ti i.r,~ '~>~y.ii~'~~.:: y,ti]~ ~;} :s.~ ':. ~.+,13.'.",~. ~~r,~..f~;~t~l ~kV; ~, f•~I~ ~ t r Y1'r:,~~. ,r £'..'~~, ~g' f~l.~:.i T ,:!
': r;'~: w.. -.r•' ~ _ ~ - n.°.l;t;~ ,~,4.Xy:. ;'~.'l ~ .~ t7~i:x{.. •' .,~''~ '~ '~,4;,r•'~ - 'o- ,:r. ,'~ ~''(~
~: W9:'.~ .,4-i. ,x Air, :~,~":*E ~. r-` 1,. 4A ;:;h I~_~~ li a. ;:;Fr .,.'
:C' `.::1.~ .. ., „r, ,. _~, j.' ~ t7i'rt'4 ~ r a'C.~ +C ~1:.1',~ '~ ~:[:r°~
'•d` '.1J 4 '~IT" I'• {~;i ''l a _ .• ~ ?i'.T: : A:'~.1 '4'.: 4:.'! '~ ~~ ~ ~V,~. i.
~~ ''~' :,~~ ~ d. r „c ar'l ~ ~' 4-,`'4 [ ,iW • -!~'s 's' - rx }' ~+ )~•'•:',F~.x.- ;<?b? q~ r1E~' y
TRAILER•'~`~~„F~LKA :~•I. } ~~{,.r ~~ ; _~ >} :,.1~,,~- rF~~.:,s,;~ .~,,, F. . ~ ~~~:~ ~~~.~'
S.L]n4 ~`.f ..w~~.} Crt ~~r :~s~ ~i~ ~;{'~ ~... _: x~t ~:[ i:'fi~i '.I' * {., '~{' ~' ~. ~ 'ri.. ~ ~'u: FYY~r~ i'.'y i~~.. a n. r:;:.
y{~~ ~ ~~ 1
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- _ '
/~ ~ja~y !.1 `Y.~l... '::C YY.~.~~y .~_LVfti,4](.ii ~~~~~J, "i}Y~>, k~,~ ~ T~o+ ~',~r ~'Z:~:/ ~;f ~ii.
[~ ~1. .iy. ~:7: r_1' ': ~ ~ •;.1 J. .,' - 'ti.. '.ice ~ vA r* 1 ?.f`~xl'.'444vvvTTT I. (f~..~ '''~i'. F~~~F4- ~ -i'~.~t ~'C Sli i. .`. ~~~ .
CLOTH ~V"'Ir -l, I [~11~1T'''~~ 171'' :,?+~1~i~ !1, :;ti ~.y ~r. ~~G. r, ..;<z~ }~i~r ~~t :r`•'k'~.~~r~e }_.~~,.-r_ +R ~ ~a.'~R~= it- ~ r'4 ~s~~./i ck"~., ;~-;'"r?1 ~H[fi
~~NL~i .~~i5i .'~ ~ :~hn, ,~a'r, •.. 8: '~A. }} 4~ ~'Ai f-: G`-' .S,'~'~r >~i_`~~"6"~:x4~ r~~ ~ r - t -
fa"~S ~`4c's-~ '~~~ ~.F..;i,~- .:5 a}#}.. _c[.:~y'. _,i. `f {~ kr. ~ ~~. s .s{yf':"i.:, .. Ji` ~ is ,'3i,.
c~~ "i I^,-•11 s5•~F ~A'r',' ~ -'~'f: n"`<~- . ~..,s ~ r~~, ~ • 4 r. Y~ yr ~~~,,': w.: i'~" '~,F to-. '
:k'~ :b.J! .~f. 'Y~I~i ~. I3T 11~11F.r.1 l: J'vii yr
.. , . _
YFi ~.~~-: e~ ~~~. :: r;}. ~ il~y;~~~~~;r :~#,~Vf~o~E ~' a:~.' .1• `~ l-, 4~~ ~~~"„ Z. ~1 ~1
:GUISE GoN;TR L ~ l~- "h't. 11r X55 f }F _ ~ ~ ~t } ~-R. 1~ _,.'.rl)s:.ZT l f~5~r 1
..:.. ~ ~,.~ ~ ~ ~' ~ ~ ;fir ~ ~`"~~ ~"~` ! ~' ~' ; ~ [ ~~,
85A Po~VEIt i~NDO~VS~-LoC1~-~tROR r ~ ~ .~, ~~;~ ~, ~ ~~ ~,~. ,. ,. ;1 ~ ~,,,~ ~ ~• . ~ ~ ~x F~.,~~;~4„ :
I
r ~
r ~
r
r r
r Subtot~] From ~1ddltianBl ~heet~S}:
r
~uhtatal B: ; $ I,I X3.00
. ~Unpul~lished ~ptiaus - Ytemi~e below ~ attach ~dditYOnai sheets if
~ } necessary,
ote: Unpublished options are items which were not su~n'ttted and priced in Contractor's I~id. -
Descr'iptian Cost -
Descr~p~an Cast
1]I CHARGE ~ '
~ 80.D[1 '
LrSTEEL SCIRGHARGE AS OF I ~D~07 ~ ~ 345.#x?
Subtotal From Add~~ona~i ~heet~s~;
1 EXTRA SECUItILOCK KEY ~ $ 25.E
ubtataZ ; : ~ 450.D0
Check: Total cost ofUnpublished options (~} cannot exceed ~5°~0 ofthe total oI`the Bsse Unit
. Puce plus Published options ~A+B~. ~ Far this tr~nsacbon the percen~ge is; 3%
r
. ether Cast Items Nat itcmi~ed Above (e,g. Ibstalladon, Frei~h~ Delivery, Etc.
Descripha° Cast Desert han
1 ~ FAGTOI~Y AND PHII.,POTT DELIVERY ~ Cast
~ a~a.oo
F
r
Subtatnf D: ; ~ 450.0
.Total Cast Before Aay Appliea~~e Trade-In 10t~er A~lawar~c~s 1 Discounts {A+B++D
~ ; $ 1?,OY5.00
~u~nhty Ordered. 4 ~ Subtotal of A + B + C + D; $ 17 OI 5 r
Y4~ Subtotal ~: ; 68,0.OD
F. H~~AC Fee Caicula~on From Cuxrent Fec Tables) $Gaa.DO PFR PURCHASE pRDEIi
de-~ns 1 over Allowances 1 Special Discounts Subtotal ~': ; ~ 600.00
Description ~ Cast t;~escrip~ian
Cast
OMPLETE SET of SERVICE II~ANUALS
r $ 304.00
' ubtotal G: ~ $ 304,40
~~timated De~very Date:. 90 >~~~ .
. ~. Tate Purchase Pace +~~ G : ~ ~,~~o.~o
Cate or 8
. 9Y
~ '~11'ACT PC~N ~VOR~~EE~' Contrast
HT ~I-05 Date ~ 111131D
Far Stanrdard ~qu~p~nent ~urcbases 1~a.. ire ared; ~ ~
his ~'or~ar Mast be,prep~red ~y ~arrtrac~ar acrd given ~o ~~~ ~Tser. a I~-GAS ad ' '
~rr~trsfrat~ve fee s~aIi be sown i~ ~ectroa
.: user issues ~ to Olr~1"UCtUr, a~sd ~I[TS~' also fax a cD o ~'0 to et~r , .
PJ' .~ g wrt~ cara,~Ie~ed .Pr~crrtg ~orsiree~ to ~-
~! ~' a 7~3-993-4548. ~%ase #ype ar~prrnt legibly.
a°~s .CITY DE DENTON '
~~~~ ~ Contractor; ~P~ILPOTT II~OTORS
Coatnct ~ F
Person: ;MBE ELLiS Prepared `ALAN II.,EY
1 ~}~^ r
Phone: 1940 3945424 Phase. ~$$$ 855y78
41
r - pp
r
Email; ~ Email, ~~W~~~ $4~ ~OI.CO
prodact
Code: ~ B1~ Descr~pbon: ;008 FDA FS~Ia
Product Item ~iase Unit ice der Contractor's II-~ Contract:'
20,613,04
. Published Options ~ I#emi~e beio~ ~ Attach additiionai sheen) if necessary * ~nciude ~ ion Cod
ore: Published options are options which were submitted ar~d 'cad in ~ p ~ in description rf app cable.
pn ontraeto~s bid.}
Description Cost Descr2 lion
1 ~ Cast
1651 b5" WHEELBASE ~ 84"CA : $ I ~ t.00 E~TER~oR-SITE 1
STD
?2 AIR CoNDiT`IOI~NO 65.44 ~ITERIOR--GR.AY ~L 1
STD
12 SBARE FEEL '
TIRE A~~}y~~~~ ~~.~`p 4 ~,~"~:~~~. 1 $ ~,SV!'~r~~~s~ b,$L V,;~r1,0~.~G. A . ~ F1~TI ~~
,y ::', ,,~.' _ . ,,,~mayy ' ~%~'~ ~;..
_ ..G.,.'r i. :: s 'A ~,'!,-'~-,1;~ .'ry:i ~:~-7 ~ 1 ~ 1 JJ
~: 7~ XS:: .wk '.~ - .. rf~~'~..i^.~:~1~'. r att., .~~'?.'Sq~. 1
51 Ley ~~~~+ssyl }'}~~y - ,,F~_,,. _ =~~..t_' :z ~ ~,s n.:. "',: -,,:r ~ ,,. ., •
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P:. ~ "*'~X'ti .c'r .. ~ ':` '~~'.. ~iF <'1il'~''t' ~ ~ - - `~7'~ ~'ii'. ~, ~`` w ~~J~ !{,y''/~! - } -t .r+ ~,~ ti". F~, 1
S'A .., ~ ~ ...~,;-'L:. •::~'--ts 'r~'t~q ~ h'{~°' ~, -.Vt! r~'''fr""Yt ~g~-r ~l,' ~ ~ 1',^ s`:~s,~~ ~
' d~~'„d,s3'~vp~.r~~4.~•>7µ 'qE: 4.. px~ y,f
;/'-1 f1I'1 lp .D~'~yr' 3~3'.; ,:~,~;.c-,a~~f:~;.~'~s~r_ ~ . ~.. ~ ~;~,~, ~, - $.,,~~ ..t.~::..i~'. .r~~"~f!`.i..:4~ ''3~'~i.~~ri,~`~.r: ~ti~ir~ 1 k LJ
54 ~ i • •+'71'~}I''~4 7 IY {T r", '~'4 _':u.i ~: ~~ ~lt~ ~~ 'thy ~ .~,'''r-~~i ~~i ziu... , r. ' ' ~ lOSl4trn+4tl4PL4S v+i lM.N'
iJ,~ '~~'1+r~~ u_~S~' cr. =.'1~•, r ,~.. ~ti'a~.~'.1~ I~~. .S.a::~1' hrs.~J'4' .''~,~ .a+r:: -'3. ;`w~~%~`y~',i~`,IM'J" t' _ c;~ '.,ViWleY,s/J~rafr
~~ . ~'r j'S¢ ~ ~ ~:~ - ~ : i:f :~'~' ;V ~'~"~ :~-F`F f`.}~C;F,~ ~'~,i is"S:r ~' ..~,', ~; ~ 5* c'
,~r ~~ ,C{'%~ T,j; w7.w ~~` Y~",- }`,.. . ~ f r L-. ~~~ r ~ if e. SP' .'
.:~l~:~r...'.-i`~+~. h~M„ra : ~'~`'} :,r'"" ~. ~F ~, '~ir~ '.r r 5,:~~'' {'y.~ ~~ ry ~ ~y11.~^l ~'~~.'.~ ~ :~5:, 3 ~ ` `~?'~ J„'n.Y.~ 4:~,1i ;.:..5'p~Lyy 71; r... ~..1,
~I'. L:._FG~~ ~~. i:~,_{~`~~ ~~~ryt.~iN i5.~- li~s k~ssff ,fyY ~~ ~~ `.+~i/~1L~-1,d6^~S, yIi!a:~;.l~~ _ ~a ~ r:~'~~':r 4" s~~~.w'-~' .~i3 hrv,# ~=-k,"~i:
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f"- : k . r ,. ~ .~~ ~>k' s >),. irk , .: x.~ _ ~%.~t:;`s',l~.....t+~ ~ -$ -R"~:M,xar . ~ . fir:.' . r l`,~'f"~~ ~ i D
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~:~? :,.,>~'rt~~i :{~~ `„' ,~,-pwa% ~t;"'~' `' ~I~v.~:.r:~'#~ 'T~~:f: 1~k~ .~ ~ _S'.. %'i 3'k.4 .n{,ji~~- {4,y '~~~'~,C,~
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[~'1r71~TI I~yT r Th¢~1 x. „ 's ter: l.. 'i• L
1 ll.Cl s; ..~ I` .'!~`~'~`, ~ r,.: ~ i ~ ~ a': ~:1. ri.=~, r r 1 f_,::
r• i.:F"
V ~ io r+ 7.''~~ L ,:'I' _ ~,y'f v..~~~' ~~ ~ ~ "i' ,~ .s:~ ~ ~ l :~[ f4' s~ ~,ar.~~prr 1, ~i•:ir. ~,.: '~' rJ ~:K~f: ~.y:[r~ ~ ~
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:fi ~:~:..'j'C. y, ~r=s'Fi ,:5 •~r `h'~~.S ;i~.: .~:~ ~ 'rlr.! ~.rL 1r'~!'1`1~.~. i F ~^ y .4 . ,'j ~'Nh %%'~':~t;'
~' ti~~ ~~'?! =y=fir y{y~ ~~_{ !#~` +~' ~', i . ~~-~. t"~ ~'~w:.rr.~;~. Y J iJ
~ ~« ++~~- ~ ~ ~•'.: ~, ~ ~ ~~'~ ~ .~! .~ ~ ~ ?~ ~ v~~~ ~'~r,`,+~ ~ STD
1
240 AMP ALTERNATOR
' INCL
1 ~
. ~Y ERVICE SUSPENSION 17,95D OVR INCL
Subtotal From Additional Sheets):
SEA b.4IJ DIESEL PQWERSTOK~ UPGRADE BELO~~ NOTE 1
' SuI}#otal B: ~ $ 4 539.04
1 ?
l~'npublished options - Ytemize bezaw ! attach additional sheens) if necessary,
(Note: Unpublished options are items which were not submitted aid priced iiz Contractofs bid.}
Descriptioa~ ~ Cost ~ Descrip~an 1
' ~ Cost
~.4L DIEI~L
~ 5,236,04 -
3CLOTH 4U-24-44 SEAT ~ $ 340.OD Snbtal Ero~m Additions
Z Sheet(s):
55C DUAL DIESEL TANKS ~ 4$8,44
Subtotal C:: $ 6,46.40
check: Toth oast o~Unp~blished Op~ons (C} cannot exceed 25°I~ afthe total o#`the Bose Unit
Price plus Published Options {A+B). ~ Far th~ls tran$actian the pereenta~e ls; ~~°fQ
D. Other Oust Items Not Iterni~ed Above ~e.g. Installation, freight, Delivery, Ltc.}
Deseriptinr~ ~ Cost Description
Cost
i
~ ~
1 1
1
~ q+
i Subtotal ~~ ~ ~ -
E. Total Cost Bet'are Any Applicable Trade-In 1Other ~111owances I Discounts ~A+B++~}
' $ 31,516.40
uanti Ordered: 1
Q tY I X Subtotal of A ~- B + C + D; $ ~ 31 ~ l 6.40 _ ~nbtota 1
l F: ; $ 31,516.44
~. I~,GAC Fee Caxeulation From Current Fee Tables
Subtotal F: ;
~~ de Ins 1 Other Allowances I special Discounts
Descriptf on Cost Description ~ Cast
1 s
.,
nbtotal G. ' $
~st~mated Delivery Date: a l2~ c~ys ~. Total Purcha e .
s ~x~~e +F-.}. ~ ~ I,5 i 6.40
Category 9
O~'I`RAT ~RI~ ORg:~T Contact
• U3-06 date l i11~~~7
Far t~nd~rd Equipment Fugchases ~a.. - Prepared:
;A ~vr mast be prepared by erttra~tvr artdi~~~ ~~ E~a~ user. T'he}~'-C~`adr~ir~istrative
fee shall be shown rr~ S'ect~o~r
~~ ~Tser issr~es ~~ 1o C"or~tractar, and ~~also f a a copy o .PO to ever with. co ' .
,~ ~ ~ rrtpleted Prtern ~orks~ee~ to ~-
~Ca 7,~3-993-~54~. Phase type orprl~t~ Iei~Iy.
r~
A enn . ;CT`fY 0~ DENTDN - Cantr~rctar; ~PI~7`T MOTOR
~ ~r•
Person t ~ MIKE ELLI Prepared ~~
. ~~: ~ LAN,WII.,EY
Pine: ~~~'~ 39~-844 ~6o~e: ~~$8 S~$-7'8af
F,u. i FaY; ,254 865-I lOl
Emaii. ~~~~~,~~~~~~~~~~~T~~.C~~ Email: ~~l~~ ~~ ~Q~.COi'~'1
Code~t ~ II15 Description: ;~00$ FOLD F35~ C~tE DRV4~ CABIC~ASSI
~raduct Item Bass ~Juit Pace Per ontractar's g~AC ~antr~ct:
. hLshed O~~ous - Itcm~ be~o~ w Attach additionai sheet~s~ if necessary ~ Include Option fade in descri tiara if a
ate: Published Options are options which were submitted and pried in Contractors bid. p ppl~e~ble.
Description ~ Cost ~escripti~on
^J'~ i (~ ~} ~ r " ' ~ Cos t
1 ~oT~ 1 1 ~V~~. V~ ~~ik1o,~~ ~ L i
I~CL
4N LIl~ITED SLIP ABLE 4.1 ~ ; ~ 21 D.Da Il~'~'ERIOR~GRAY VINYL
T , iNCL
72 AIR OOND~'IO ,~,,~~r.,~..,,,, ~~~~~sh~ ~ ~y~, ~M1~,L ~l]~( y T
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1.{~~.. _ ~ .i. ` . , r ~5. ~..Y1'~S" .. .:.yak
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l.~~!~til: "r'', ~"'e;Y~4~~~: 73~'~~M'r.~~~~~i'brri:3~i:;.}.~~~-' 1 S.-kt ;~~kl'~,TSf,~ liL~,+4,.~{~~~~,11 #.:' ' "5*~,~,y.~°, ,t`~,-2 1 - ~r y,
,c::~`~,i.aYS-w~~~. ~~f~: y, ~.. ~. { ~ ~Y7 r` - t~ ~t:,~? ~!}..re.; ~?6~31~y.~,s+L'F=W ~~ ~} i ~ ~;.4~~ ~ ~Tif
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t, r,w Lr,r I'd ~i y 1r~+,,1'~ ''}.r Vll '~fr~' S~~'f' ,k .Y } ~o~ ,;. r. 5 7'
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,.~•..~: y~~; _?,','y:.r:; ~ a: ~''~ ~ , ~,:J_ : f..~:r ~;fi ~ ~ '~'~ STD
'3 ' f '~ ... r'...,'SE~..,r..: ~' ey'~ ,{_.>,y~-1[~ rLy3, _ 4,~ Y!- Siji~i:
~~ - - ~'.N -: `~ ~:`, r`,y.i ~l''x-~..+_~F.~-.. ~_.~n, ~._~'. ~~:71. ~'~`.~, r~,~~r~. ,.~~ .r~ r,~.; i~, ~ .i.. •F ss, 4•F',".'13~•, :~~
^~~^~TT11 7 777{ '1T,.~~^/~I~~^~ J/+{y ^JT~^~ tiira..'_ cc.~. yt~F..•''? ~!~+~~ i~.~;; ,~`d~ /~~'~r.~ 'I .. ~! .~ v'r.~,...: i.~~tf. s
~itl~ R/1 V+~nF +ir~ i~E'' !~+~ ~'± ~~~ ~li~Y) iV i~ ,-.1~.. u~~,S-~f~ti:4 ~/ .k'~ •1~ ~~I`~. f~i `i':~ t~i~,r;~J ~:' ~~; !'ti.,F ii ~... .~: tif~. ~.i-,.
~. 1 io1~; ~+;: ,~ ''q; ~; ..:~7' I,. ~ '?:~ ~ ~~•.' ,~:rr.:.~ , u- ~ ~ ~.~ ~ ~?y ~;,..,~`.,.~,. til,;.,-.r~r fr `yl:,~, ~~.,A r~; tit. ` = ,~,..
- ~ G 'A'~ .~'_. ~~ Y's ,+~~ .,r p r~K7:w ,~.~ ~+1. .r .s. .. ~{4~. ,~r. f7.•~ .r'r,,~'' .}' 'r~~r.
'~. ~ .y ~{l`ii..;~j'~~'S:~iS~ ae:~:,,~s~ ~ a~ x3: -..r'~:;.~ p q.~'q•,:~::.'" +'r` ~~'~ di''~'Jf` .'r~~~."~ "'i
G7, ~ 3- s ~ ~s:4~ ItilTieiL'Y'^' ' 1.~: 7 rt~,i{.f,-.~;~~ ~
NAVY SER~L~E S~SPENSI~~ PACGE 6']H ~ ~ g4,~}~ ~- ~ ~ ~ ,.; ~:.:'
i ~
r
i ~+
~ llbt~tal i~P4t~1 Aadi~tona~ heet~s~:
' Subtotal B: ; 6,I5~.00
C. ~7npub~shed Op~ans - Itemize helaw ~ attaeh additionai shot(s) ~ necessary.
Tate: Unpublished options are items which were not submitted and priced in Cor~tracto~s bid.
Descrip~on ~ Cast ~ Descri tYan
P ~ Oost
524 TII,T STEERING WHEEL
I20.0(l 65C DUAL DIESEL TANKS : ~ 488.OD
~7D 2aD AMP ALTERNATOR ~ $ 60.(}~ Subtotal From Additional Sheet s
~~
6,4L DIESEL UFGR.ADE I3,0~0 CV~R ~ ~ 1,464.0} Subtotal C: ~ 2
~ ,r~2.~~
Check: Total cast al`Unpublished Options ~C) carmot exceed 25°IQ of the total of the Base Unit
Price plus Published Options ~A+B). Far this transaction the percentage is: 8°l0
D. Othex Cost Items Nat Itemized Ahove ~e.g, Installation, Frefgh#, Dellve~ry, I1tc.~ .
Deserlptiun ~ Cost Descrip~un
Cast
DELIVERY
I E~fTTA KEY l,I1iCL, SuhtQtal D; ~ -
E.Total Oust Before Any Applicable Trade-In !Other Allowances t Discounts (A+B+C+D~
~ 27,954.04
l~u~atity Ordered. 1 ~ Subtotal of A + B + C + D; 27,954.4 = Subtotal E: ~ $ 2? 954.OQ
f
F. ~-GAG Fee Calculation From Current Fee Table) - Sul~tutal F:
G .de-Ins 1 Other A~ar~ances 1 Special Discuuats
~..
Descriptrion Cost Description ~ Cost
~OMPLETE SET QF SERVICE MANUALS ~ $ 3fl4,(}p ~ ubtatal G:
~ 344.(14
E~ti»nated Delivery I~ate:~ i2~ DAYS ~.'Z'ot~I P~rchas~ P ' ~
rice ~E ~~~}, 2s,~54.ao
i~
Category 10
ONTRAT ~R~I~ ~~~~~' Contraet ~ '
VEa3-o6 Date ~ ~II310'I
For standard E~urpment P~rc~ases ~~.: Prepared: F
1 ,
~'arr~ musf he~repared by o~r~ractor' an~iFen ~a std ~Tser, ~'he -G~4 a~ir~r'stra 've ,
~ ,fee shall be shoes ~n S'ec~~o~r
. td ~Tser issues PD fo ar~J~rae~or, aid ~IS~' also f cr a ~apy of ,~~, ~a ef~rer wit carp lee . .
GEC 7,13-993-438 ~ P Pr'~~rr~ ~Yorkshee~ ~o ~-
~ Tease #ype or pr~rrf IelJ~ly,
1
spy ~ ;C,1TY OF DENTO~ '
Agency: 1 ~ CDntr~et~r; ~PHILPOT'T 1VIOTQRS
r
~4h~tt ~
Peron: ,1VIIKE ELL7 ALAN w~EY
~ - D~: ~
Phone: ~~~~ 394-$~~~ Phone: ~$$ ~~$-7$~l
~ 1 .
Fax, ~ F~c: ~ 2~4 $65-9 t t S
Email: tM~~~.EL~f ~TYOF~~NTC~N.01~ ~~~~: :a~~ril~ ~84~ ao~.com
Product
Code: ~ D~5 Desctipt~nn: ;2~i18 FORD ESCAPE R~BRIII
Produc# Item Base Unit Pace Per Cnntraetor~s ~~G,AC ontrac~: ''}A/~ ~]
ed ~pann~s - ~tem~e below - Attach additional sheet{s} il~ necessary - Include option Cade ~n descri ion i~ .
ote: Published options are op~ons which were submitted and priced in Cantracto~s laid. p app cable.
Descript~an ~ Cost Descrip~on
Cast
-~00~ SUS HYBRID '
1 ,
-F CD '
r ~
~ ~
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4 r ~ . ~~~ ~4~ Y
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~ r.. ~' ~ ~ ! r«.C':'~,:# .YV i.;h::; ~. ;. ,{. .3.r ;,i?'- t~.,_,r....x~ J.~yY; 1
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r ».. ~.. G~;, ~a.~: '{i~;l~+ }?~. 2'r,C~~44r,.,~ i 'Y , `'"~..-: r r.'~ ~'. v.-.1,1 ~
~` ,~ yy I .. .~~, .. '~'„~ ;:?14'`1$'.r: i~;~rY+ ,~•~b~ ,t t.~,Yn.~ J1
i'.tn....t'f':~ `xrl~~iia~~..: ..1~2,t'ti~l'f~ '~~ - - r ~AZ ~"'.'~' ,4f...:~ ~.."3}',c..i..~ ~ f
~y ~7 'r ~ ai~,,:":~. ~a ~i`~: ~' ~ :r+~i~;sti:- s,. - _ PIP
1 1 77}}--,,~~rr ~Y{ 'ti`m„•4X1' 'a:.:~`v~;':~.~',,~.~Y;~,:_, ~fi. :;1 ~'-'~: ~„1`' '+;-'3:(,'~i~: Pr ;f.c`:.~:~'~,~i' ~;.~:,:.sY_.~ ~,~ ~ 4.
TH ~LAT~, ;}~ .s+'C -4~:n i ,.h Y.; ~~: ~ ~rk ,;ri 1 ; )) < ~ _ iL a 'J`,^,: ~,~r rs'•?r17`:- - r-~7
.: ~ r i /rya ~ ~
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S. ~ !~."~~Z .~ _ .kr~ l,t F~'1 C - .IJ. TT. ~ ._t .~ _ ~:~f '~~~ ~ S'~ _ 1'~ ~' ~ ~, ~i-. 5, ., i .rv`:~":3
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Subtotal Exam Addi#iapal Sheet(s~:
Subtotal ~: ; $
~. Unpub~is~ed optYOns # itemize below 1 attach additional s~eet~s~ if necessary.
(Notes Unpub~isl~ed options are i~eans which were not submitted and priced in ~an~racto~s b3d.~ .
Description ~ Cost Description .
' Cost
~ ETNA x~~
' ~ ~s.
1
Subtotal From Additaanal Slxeet~s):
' Sabtatal C: f ~ 25.~D
Check; Total cost of~Tnpul~lished options ~C} carrot exceed ~5°/0 o~the total ol`#he Base Unit
Price plus Published options ~A+B~. ~ Far this transac#inn the p~xeentage is: ~ f~
D. Utber Cost Items Not Itemized Above ~e.g, Installadan, Freight, Delivery, Etc.} -
Description ~ Cast Des~riptian ~ oast
r
1
~EI.I~ER~ DISCO~TNT ; $ ~290.0~} ;
~. Total Cast Before Any Applicable Trode~In ! other Allowances 1 Diseaunts {A+~+C+D) 23
,9?~.0~
u~ndty ordered: ~ ~ Subtotal of A + ~ + C + I~; 23,97~.0~ ~ Sub#atal ~: ~ $ ~ 43 8?4.~
r ~
~'. ~-GAC Fee CalcuIa~an ~Fram Current Fee Tables) Subtotal F:
r
ode-Ins 1 other Allowaaces 1 ~peciai Discoun#s
Descriptian ~ Cost Description ~ Cost
;D~VIPLBTE SET of SERVICE l1~ANUALS ~ 34.04
- ubtotal C: ; ~ 300.00
~s~mated Delivery Date:: 0-1~~ SAYS g. TntaZ ~~
rcha~e ~rl~e ~E+~'~: ~ 144,1 ~~.~a
I ~~ Category 11
~ CDIItT~ACT PR~CIN~'V~~,~1~IE~T Contract ~ Date ~ --
For Standard ~~uipment Purchases ~~.: o3-Db Fre aced: ~ ~ 111~1~7 ,
P ,
~` ~ ~'orn~ nrus# bprcpare~d by Cor~tracfor andiven ~o ~rrd scr. a -~~4~ a~r~irristr~tive ee s~ta~~
,~ be s~owx~ xrt,Sect~art
. ~r~d ~Tser ~ssr~es ~~ ~a Co~rtractor, ~~~ '1STaiso fax a copy of ~'~, ~~e#~er wiflr cor~~a~e~~d Pri~irt ~Yor~sl~~e to ~'~
~ ~
G~ a 7~3-9~3-~5~~. l~~ease type or print ~eibfy.
~r ~ '
a eno , ;CITY of DENTON Coa#raetar: ~PHILPpTT 1VIOTOi~S
~ ,
Contact ;~ ELLIS ~ ~ .
+ ~ Pr ared ALAN II~EY
Ferson. $~: 1
~f~one: X940 ~4~-54~~ ~ F~o~e; ~~$8 8~8~~$O1
Fax: ~ ~ - F~ac: ~~54 56~-9118
Email: ~mik~.ellis C~ o~~~r~~on.com E~~:: ~~~~e 845 ao~.cam
Prudact D0~ ~escripdon: ;~~~~ FORD TAIJRDS
Cade: •
~ PrOdgC~ ~~el~t ~iase ~nlt PI`1Ce ~~C CD~~i'BCtOr~S ~-(;AC Cont~'~~t; ~ ~ 19 771.00
~~~. Published Cpttons ~ ~te~ize below ~ attach additional sheet~s~ if necessary ~ Include Uptian Code in descr~p~on ~ a Iicabie.
Ply
(Note: Published op~ons are opt2ar~s which w submitted and priced its Controcto~s bid.
Descriptzon ~ Cost Description Cost
1
3.SL ~ CAS STD f
AIl~ CDNDITIONiNG '
/~ ~ STD
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Subtota] From Additional Sheet{s~:
- Subtota] >3:
C. Unpub~shed Options - ~tetn2~ below l attach additional sheets} if necessary. ,
[Note: unpublished options are items which were rat submitted and priced in.Cont2yacta~s hid,
Descrip#Io~ Cost Descr%ption ~ Cost
ENE E3~T~A KEG ~ ~~,oo
WIl~DO TINT PRIVACY CLASS f $ 175.00 Subto#al From Additional 5heet~s~:
Subtota] ~:: ~ 2aa.00
Check: Total cast a~Unpu6lished opt;ans (C} cannot exceed 25°I~ oi'the total afthe Base knit ~ ,
price plus Published ~p~or~s (A+B}. ~ For this transaction the percentage is: l ~/n '
D. Other Cost Items Not Itemized Above ~e,g.lnstallation, Freight, Delivery, Etc,
Description Cost Description ~ Cost
+~ y
DELIVERY ~ ,$ 225.E
F
gbtot~~ D: ; ~ ~~~.~~
~. Total Cost Before Any Appl~cah]e Trade-In f ether Allowances 1 Uisconnts ~A+B+C+I~} ; ~ 2~,16,0~
i~nantity Ordered: 1 K Subtotal of A + B + C + D; $ 2D,19~.0~ Siobtotal E: ~ 2~,19G.~0
~` ~T-SAC Fee Calculation {From Current Fee Tables} Subtotal lt: ; $ G00.~~
'~ ~~ade~Ins 1 tither Allowances 1 Special Discounts
Deseriptiaa Cost Description ~ Cost
~OIIrIPLETE SET of MANUALS ; ~ 304,OO ~ Subtotal ~: ; $ 300,00
~stimte~ Dc~ivery Dater ~I. Taal Purche Price -~~+ ~ 2],~9~.~0
Category 12
C~~TACT PRIC ~~T Cantra~t ~ ~
E03~OG ate ~ ~ ~1~4I~7
I~`ar Standard ~qu~pment Purchases No.. ~ Pre aced:
~ ~ i
T~~, ~'orr~ r~r~s# be prepared by ontracfor and iver~ fo rrd ~Tsr. ~ ~-~ ad~r~rsfr .
atxve fey sh~r~~ bo shQwr~ ra ,Secfrvrt
,~~ ~Tser issues Pp fa ~or~irafar, ar~a~~II~T~'~'a~sv fax a copy of `~~, f~ a#~e~ w~~t ~or~ Ie ~ .
~ P f d ~c~rt ~'orks~ee~ fa -
~ ~ a 7Z3-~9~-4448, ~~ease #ype or~prr'r~f ~ei~iy. •
~, FCIT`Y o~ DENTDN Caatractnr: KPH
ILPCTT MoT~RS
Contact
person: ~~ ELLIS Prepared ALAN' ~II.,EY
r ~~
' r
~~one: ;94a ~~4-$4~4 Pone: :$88 858R78~1
i
r'~' gam: ,254 8~5R9I I$ PLEASE FAX YDUR ORDER HERE
~ma~a: ;M~I~~,EL~.~ CfTY~FDEh~T~N.C~M rm~: ;wile 84~ aof~cor~ .
Product
~aae: ~ D4S I}escr~p~on: ;~f 1~ FDRD EXP>~,DIT`YDN
Pradu~t item Base Unit Pace Per Contractor's ~~~AC Cantx~ct:
$ 20,5~9.0~
. Published options - ~tem~e bela~- - Attach add~~ona~ sheens} if necessary - Include ~ ~o~ Code in desc ' .
ote: Published Options are np~ons which were submi#ted and 'ced in Co~tFactor*s ~' ~ ~pt~on ~f apphcabl~.
bid.}
Description Cast
Descrip~om Cast
~41tEA,R AlC AND HEAT OPTION THAT IS ; $ 0~.0(l 5.4L GAS AUTOMATIC
STD
QUIRED oN ALL 2008 MODE~,S
CLDTI~ BUCKETS FRONT` !0 FLOQR CONSOLE STD
3~ hID TRAILER T~„'P~ ~~ ~,~~~~, ~ ~ 2$ ~OD MIDST ~(~i1hf
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i
$al From Additional Sheens}: ; Subtotal From Addi~onal Sheens); -
' Subtotal ~: ; ~ 8~I.0~
~. Unpublished Dp~ans ~ Itemize below 1 attach ~dditiona~ sheet(s) if necessary.
ote: Unpublished options are itatYs w1~ic~h were got submitted acid priced in Contracta~s bid,}
Description ~ Cast Descrl ~tian e
p ~ Cast
CMPLETE SET of SERVICE MANUALS -
300.D0
r ~
I EXTRA KEY ~ 25,04 ~Spbtotal Frain Addi~onal Sheet
~~~•
r
Subtotal C: } $ ~~5,00
Cbeck: Total cast o~t)r~publish~ options ~ cannot eacceod 25°Io oftbe total ofthe Base Unit
Price plus Published Options {A+B}, ~ For this transaction the percen#a~e is: ~°Iq
r
. DtI~er Cast Items Not I#erni~ed Above {e.g. Installatlan, ~eigiY~ Delivery, Etr.~
Description ~ Cast Description
Cost
r
~ ~
' Subtotal D: ~ $
. To#al Cost Before Any ApplirableTrade-In 1 ether A}lowances 1 Discounts {A+$+C+~) ~ +~
~ ~ 2I,~~S.a0
~uantaty ordered: 1 X Subtotal of A ~ B + C + D; ~ 21,?35,00 ~ Subtotal ~• ;
. , $ 2I,735.00
F. I~-GAC Fee Caleula#ion ~Frotu Current Fee Tables} Subtotal • ;
F. ,
~de~Ins ! Other AllawaQees 1 Special Discounts
Description Cost Deseriptiou Cost
1 r
' Subtotal G:
~~~mat~d Delivery Date: ~ 9~~1 ~~ DAB ~. TotaZ Purchase P ' ~- •
race ~`~. $ 2l,?35,0
Category 13
~NTRA~ SRI ~Y~RHE'~ contract : Date
Far Standard ~ u~ anent Purchases No.: X03-0~ + ; I ~11~107 •
q ~ Prepared.
'' ~'orn~ ntr~~# ~~ prepared ~y Cotrtractor and g~verr ~o end ~Iser. ~ H~C` adr~i~r'sirafive ee shall be s~rown in Section
~. ~d User Issr~es ~~ #o ontractor, aad T~~' alsa~ax a copy o}`P~, #o ever with corn le~ed Prfcin ~orTrsee
~ ~ tr #o }~
~~' a 7~~-993-~~~~. Please type ar pant Iegi~Iy.
a
~ ~~ ! ;CYTY OF DENTaN Cont~acmr: ~P~ILPOTT MOTORS
Contact .
Person: ~ MIKE ELLIS Preg~red ALAN VVILEY
. By,
Fl~ooec ~~~~ ~-~~~~ Fhone: ~~~$ ~~$-~~~1
w
Fax; ~ Pay: :254 8b5-~ll$
r
Em~~: I~~~.~LLi~TY~FaE~T~N.VV~ ~m81~. 1~YYII~ ~~V ~ola~
Product ~ ,048 FORD ~XPLDRER
Cnde~ ~~~ I?escrip~nn:
A. Product Item Base T.Inait Price Per Contractor's H~~AC contract: ~ 19,771.U0
Bw Fu~lished Options - Iten~i~e below - Attach additional s~eet~s} if necessary ~ include Option Code i~ descr~ptiQa~ ~f applicable.
Note; Published options are options which were submitted ar~d paced in ontracta~s bid.}
Description Cost Description ~ CQSt
Uti3 ~,T UPGRADE--REQUIRED 2a0~ MODEL ; S 1,213.00 '
AS THE }~~ MODEL iS No LANCER A~A~LABLE ;
~,OL VG GA5 ADTO~i,.C ~~ _ :,~~~ ~:~ :; ~ ~m~;~I~~; ,y~~_ ~ ;,~ '
' = ~~~_
• v. x .,. ,!."•,~'L'. `. t... 1 ': ry {r' i-.C.., i.. Tt 1 T.~. N~; ~ ..,.x Ily
.k~~ ~ ;7: :-0e _ :.}~,r. ..:5:~ r- ~ 4y, Y.y{} .F~;_}~_ "y: ~ ?i -fir;~ kr~F'S~ ti:i~ _ . [{{:Y.:)-~fa x-eF~.,;•'... ~i-, y 3,,.V.~:.. ~,~, pGrr-
CLOT~ BUCKET EATS ~ ~o~~~`~ ~ 's:~` : ~ ,~- ~~' ~~ .~ r. ~ ~ r' {~: ~ ~
:~ ~i`.,';s;•~j; ~ ~ .:~~ 'r' y ~ iry r },:~ L~x~ ~M.1 ~'`. ix;d°''•Y~~r„~ . ~:.ti3 ~,.,! '~4~~,r ~~:~:,?~ k~.
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1 ~4~T~~ClELlfO~,1~,1EL' IY~.~r'Ar~4,.14111'1+l~?~' ~ ~ ,..~..-:~ ~'~~~~~ !/~F'r::'...'~~'`<=k.,~.:~~~~T~„'?ti[i~::.,r~5-'~ ~:::4::;4.::# t."t`:",,:~,'~C '..~?'.i'.t' ~_l~;er,i~d:rfl!
- - - - - - z,. --. e.:~+5+r -:t::r .4 ~_..[C = -.a:•r
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!. ~~.ti~~,~ .~~r :77 ~~ ~''~'~ ~* r" ~~~ .1:.~ 1, .4'i„: '4~~-.,. ..~,~ ~K ..?~~ ..t~:r;';, ~~T{. ~'. ;Y~` '~' + Yea ~'~`
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Subtotal From Additional Sl~eet~s}:
r
Subtotal B: ; $ I,213.00
C. Unpr~blished i~ptxons - ~temire below 1 attach additYOnal sheet~s~ if necessary.
[Note: Unpublished options are items which were not submitted au~d paced ire Concta~s bid. .
Descrlpt~on host Description ~ t Cost
PDt CHARGE ~ $ X0,40 COMPLETE SET OF SER~CE MANUA~,S
~ ~ 340.U4
1 bN RUBBER FLOOR MATS ~ FREE Subtotal From Additional Sheets}:
l F~TRA, KEY - ' ~ 25.Q0
•
Subtotal C: ~ $ 445.0
Check: Total cost o~Unpublished options ~C} cannot exceed 25% afthe tat~l ofthe Base Unit
Price plus Pubiished options ~A+B). ~ I{oz' Ibis transaction the percentage Is: 2°Ia
'
D. Other Cost Items Not Itemized Above ~e.g, Installation, Freight, Delivery, Ftc.}
Descriptlon Cost Description oust
. ,-
r ,
Subtotal D: ; ~ -
F.Total Cost Before Any Applicable'FradeMIn I Other Allowances 1 Discounts (A+~++D } ~ 1,38900
~uautity Ordered: ~ K nbtotal of A + B + C + D; $ 21,389.00 _~ Sr~btotal E: ; ~ 21,38.00
F. H-AC Fee Calcula~nn mom Current Fee Tables} Subtotal P':
L ~de~Ins ~ Other Allowances 1 Special Discounts
Description Cost Description r Cost
u~btatal G:
~s~imated Delivery Rafe:! ~4 DAYS ~. Total Purchase Pace ~~+G : ~ 2t,3S9.40
~~` Cate or 14 -
9Y
CONTRACT PRA ~R~HE~T Contract : Date
For Standard Equipment Purchases - loo.: V~O~-OG Pre aced; : l ili~l~7
P ,
~~~~For mush be prepared ~y or~~rac~ar artdgivert ~o ~n~ per. T'he ~l-C~4C ~cdr~~rtist~a~iv~,~e s~~II ~e sho~vrt in ~ecttor~
~~ . ~d ~J~er r~s~es P~ to C'on~rac~or, aad~S~' also fax a copy ~f P0, ~~e~er wit com ~efed .Pr~cin ~orJ~s~e
CSC ~ # ~ ~ ~ ~o
7 3 X93 X548. ~~as~ ~yp~ or,~r~n~ ~e~~bly.
~ ~~~ ~CTTY of DBNTDN conh~-ctor :PHIr,PO'I'T MOTORS
~ ,
contact ;MII{E ELLT ~'~~
Fersoa• ;ALA,N LEY
• ~~• 1
Phone: ~~40 39~-8424 Fhone: ~$$$ 855-7501
. i
Fai. ~ Faz: X254 $65-1 ~ 01
1
~~~~~: ~M~~Ew~L~~ IT1~~FD~NTDN.C~1~ ~~~: :awi~~ 8~ ~of.COm
utc ~ Dt0 Dr~3p~on; ;008 FDRD F~SU IiFOUt.A~
code.
Produet Item Base Unit Pace Per Contractor's ~-SAC Contract: $ 14,3 t.00
. Pol~lished ~ptinns - ~tem~ze below -Attach additional sheets} if necessary -Include Opban Code ~ description if applicable.
ote~ Pu6l~shetl options are opt~ans which were submitted and priced iu Cnntracto~s bid.] ~ .
• Descrip~an Cast Description Cast
r
4T AUTOMATIC
~ I,08D.OD FTERIOR-~~T~ INCL
- r
"~ II~Ck~ CAB To ABLE 0800 CSR ~ STD INTBRIDR~RAY ~IYL I~ICL
72 AIR COb1DTTIO f} ,~~ { ~ ~ ~ ~~<-~.~;~ ' $ ~A °`~5.. ~ AM-F11~r~~K1.s
ti.}L:~J i~y-~ ;1.'~`y~x,,C 1Ti li<'::~.~a 2xa ~ 4., ,yi ~r'LL`/~~V M 1 ' 4l y+
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V~ o T~ L~~ ~~~ $ o~r1k ~~': f :'~ ` f,+r ~ . f.; -~ :- :.Y . +'i.:,,r..;w ~r {~1:-~. -~ F - ~ "~~:C~`F-" 'L's ~ 1
ITR: ~~ ~.;ik ~±:r .}};h}~:~i4~`:i` :'~}~' (1~r:'.I ! }.'r';,r• ~ E ~.~"~ ~!-.
h"... _
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,.1• _• ..a , .,,.. ~ ,~ _ - ~ C f~~~'.,,~, IR'k1.h`~ `~llQ ii~1W'}ly.
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'~ 3: ~:?~ ~4, I~~' ~~~ r'x _ j?.-'~ -,~s'r`^' .1 3% y .. ., R~~~: ~:. ,tom- Y' ., ..
3L LIIVIITEI] ~,i~ ~~~;:'~3k~r't i #.:F • x ~$"`~~',i ~1.:°.~`~' 1 i y =~ - s} t yr 1 -'f'~ • ~~`~ y ~ - ~ 'T'~" 4E . `i'•: r, ~'.'-
'~.,:T:,,~.tti li ,"~..~~ r,~til ~h` 4.,~.- i(11fl1Y,.,~~yM~f fyr~~~~A} 7~'{~ [~y~~W* ~!^3 .U- /~ y{,. YIL~} ~~~ N.~!.: .~.~~..
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A{iF~~ I4~r1n~'~FF~[ 71r/y6+rN, ~' ~rrW,,*ff ~2r~y+,4}~ ':~~::ti ~3~: ~.y6~i ~s i ,.~~.7,y .~ t ,~'t"`~; . ~y.~, !$:.r - ;'l~~ ~",'~.jlE I .:y~~~~ i~t :~
JJ-r U 1 ! L11IL~r..i4,t~[_ ~~ "~1~T[}}1Jlp~~J ' i'~.?;~F'd 4 ;~ 4,j:: '.~ C`f,~ ~:: , . r~ ~~~ ~F„'Ir.` ~ ~fr ~ `,~c1 1.{JiT `: ~ry {^~ s. i ; ~2;..,.': ~ YA. fY, ~,; .:+s , y ~'~hF~f ,~~.,~:. ,4~*
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+~} }} f , h, s~l•E4! A ~` rf ~P~~ ~" c f ~ ~~ "ck' NN .~~~-'?'".: r, '3~:.1~ _ }f.q .rr.;~Yi: S +'7L~T1 ~~
xc ~#:, :T., X11. t. ~.~i~~~ T, .~,. ~~'1'1 ,:~~:.~ ~rCltii!a ~i~,k.r~l~,c'~~!• S, ~4ti~ '{_` .'S,,,g~r }`~ -~~'' "f••i~fp~''~'~yc~~ ~iJJ
-3 r 1+ ~ _ ~ ~'- ~ ~ C ~.
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~I~! ~^]r J.+ r ',11ff--11~~~ 1TFF''1!!1 1~1l~1 T1~}F'[~~ 11//''...~~II J~ ~~. -': y.'~3 ~~1 fr".. d, .Yf `I .r 1 f ~:':1:~~ y,'~c a ~! {1,: ~~~~c!~t . e•~ r- ~. v
, -
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y ':4 ~y:l~~~ ~, µr: f. + SP a' y' tir _-~L ~ ~~s k' ~" ~`~i ~+~+~
~~?~;,?;! ~~~+~,~.~~~:~ .?~;;;K',i~s-.. -:~~ ._ ~ti~;~RR ~~~~s.l ~, '~ I?f~E• .~~.';'.q' a°~ ~]i1.J
_. ~.. .. ~... -: ti.: H,., . ~~r `4' .c.'t~',' k~.kr%~.jdY~r, h-I t~•rC`•~.ti,:'O~'"„n;y ~' rl~n~,~'Ff w1~ '•~f~y'~i~gL
1.f~ 'FR
,~~ ,.: aT, ,~~ 1
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1 i
1
• 1
1
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5ubbatal From Additional Sheet~s~:
Subtotal B: ; $ 2,56~.0D
C. Unpublished ~p~ons - Itemize below !attach additional sheets) if necessary.
ote: Unpuhiished options are items which were not submitted and priced in Contracts bid.)
Ilescriptian Cast Description ~ ~ Cast
1 E~?'RA i~E~
5.40 1
Subtotal Frarn Additienal Sheet(s~:
Subtotal C: ~ ~ 5.00
Check: Total cost ufUnpublished op~ons ~C~ Gannet exceed ~~°/a o~#he total of the Base Unit ~ .
Price pros Published options ~A~+B}. ~ For this transaction the percentage is: U°Io
. ether Cast Items dot Item~ed Above (e.g. Installation, Freight, ~]elivery, Ftc.)
Description ~ Cost Descriptfiion Cast
ELIVI~RY INCL ;
Subtotal D: ; -
.Total Cos! Before Any Applicable Trade-In I Other Allowances 1 Discounts {A+B+C-~D~ - l G,878.00
~uanaty Ordered: 1 ~ X Subtotal of A ~ B + C + D: $ I6,8?8.00 - Subtotal F: ; $ 16,87$.00
. I3AC Fee Calcula~on (From Current Fee Tables 5ubtota! F«
~e~Ins 1 Qther Aliowaaces 15pedal Disconr~ts
Description Cost Description ~ Cost
` ubtotal C: ' ~
~~timated delivery Date:; l2D DABS ~. T~tai Purchase Price -~ ~~ $
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) FOR THE ACQUISITION OF 29 VEHICLES FOR
VARIOUS CITY OF DENTON GENERAL FUND DEPARTMENTS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE (FILE 3953-INTERLOCAL AGREEMENT FOR THE PURCHASE OF
GENERAL FUND VEHICLES FOR THE 2007-2008 FISCAL YEAR AWARDED TO
PHILPOTT MOTORS 1N THE AMOUNT OF $559,658).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
FILE
NT TI~~iRFR ~IFNTI(1R A l~/f (1T TNT
3953 Philpott Motors $559,658
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for
such items and agrees to purchase the materials, equipment, supplies, or services in accordance
with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the H-GAC, and the purchase
orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H-GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase
orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-File 3953
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order with the Houston-Galveston Area Council of Governments
(H-GAC) for the acquisition of two Type I Ambulances for the City of Denton Fire Department
by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File
3954-Interlocal Agreement for Type I Ambulances with H-GAC awarded to Freeway Ford in the
amount of $254,850).
FILE INFORMATION
The units are motor pool replacements for 2002 model ambulances no longer suitable for
emergency medical services use. The old units will be sold at auction. These units were
approved as motor pool replacements in the 2007-08 budget process. Freeway Ford in Houston
will have the Frazer bodies mounted on 2008 Ford F-350 diesel powered chassis.
To comply with Texas Motor Vehicle New Vehicle Sales, these units will be purchased from the
Frazier Ambulance licensed franchise dealer, Freeway Ford.
RECOMMENDATION
Award to Freeway Ford in the amount of $254,850.
PRINCIPAL PLACE OF BUSINESS
Freeway Ford
Houston, TX
ESTIMATED SCHEDULE OF PROJECT
The completed unit is estimated to be shipped within 120-150 days.
FISCAL INFORMATION
The ambulance will be funded from Certificate of Obligation funds.
Agenda Information Sheet
February 5, 2008
Page 2
EXHIBITS
1. Quote from Freeway Ford
Respectfully submitted:
c-~,
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-3954
Exhibit 1
`E1 FRA,Z~R
- ' t The Leadrr m CscncMOr PvwCfExi tJ~IS Maiuks
November 5, 2007
Mr. Monty Perry
Denton Fite Department
Fax: 940-349-7122
Mr. Perry,
Quote It 5217A
Per your request we are quoting two (2) Frazer Type I 12' Generator Powered Modules mounted
on 2008 Ford F-350 6.4L XLT diesel chassis with an air suspension system. For your
convenience, all pricing has been itemized below.
Type I 12' Generator Powered Module $ 59,000.00
2008 Ford F-350 6.4L XLT diesel chassis w/ an air suspension system $ 37,000.00.._ .
Module upgrade for diesel chassis $ l ~00_~;.~'
Optional items (see below) S 29.425.00
Totat (1) $126,925.00
Subtotal (2) $253,850.00
)iGAC Fee $ 1.000.00
Total $254,850.00
Optional items•
Deal 20 amp Kussmaul auto ejects
10' Buell air horn under front bumper
2 high 'D' cylinder holder next to laydown 02
2 high glove boz holder
3M Opticom off door switch
Cast ahmtinum steps on tmck cab
Stryker PowerPro cot w! antler & bar
EVAC IT-Bac chair w/child safety seat
Cabinet aft of CPR seat
Fabricated ahmminnm stethoscope holder
Locking aluminum drugbox
Lip at bottom of front LO
Lip on front LO shelf
Squad bench cabinet
02 regalatot & cylinder changing wrench
(2) Small aluminum map holders on passenger side of console
(3) Large map holders on back of console
Small needle/miscellaneons pouch between bench cushions
Mount antennae bases
(2) Federal PA300s in lien of (1) VJhelen siren
$ 800.00
$ 1,3W.00
$ 150.00
$ 125.00
$ 1,600.00
$ 350.00
$ 12,675.00
$ 650.00
$ 800.00
$ 50.00
$ 200.00
$ 50.00
$ 50.00
$ 500.00
$ 150.00
$ 300.00
$ 525.00
$ 150.00
$ 200.00
$ 400.00
Extra sharps container on tear wall $ 75.00
(4) Whelen 700 series split red/clear LEDs for gripe & intersect in lien of
aoo series rca LEDs $ Soo.oo
(2) R7helen 600 series split red/ clear LEDs over wheel well in lien of
600 series red LIDS $ 50.00
(1) VJhelen 600 series amber LID in lieu of a whelen 508 load light $ 50.00
(48) small and (6) large blue Akro bins $ 325.00
Paramedic Design holder PD-I on squad bench wall $ 400.00
Paramedic Design holder PD-IV & PD-V on CPR seat wall $ 375.00
Paint unit 2 colors including painting the wheels white $ 2,800.00
Striping and lettering $ 150.00
Complete set of Helm aMOmative manuals for maintenance $ 500.00
175-4 dual cot position in fieu of single $ 100.00
Double blank insert on console $ l~•~
LifePak 12 mounting bracket $ 525.00
Eagel 14 qt refrigerator w/ 120 volt adapter and loclring hasp $ 650.00
Alumimm~ ramp on mar above bumper $ incl.
All pricing is F.O.B. Houston.
Delivery is 120 -I50 days ARO.
Of course this module has standard Frazer features including all aluminum powder coated
cabinets, seamless cushions, horizontally mounted oxygen cylinder, SS counter top at action
wall area, flaorescent lights, filtered air conditioning, 100% vinyl flooring, coated protective cot
plates, al[ LED emergency lighting, IIKPACT selfcantained suction, on-board battery charger,
and stainless steel grab handles, just to name a few.
Per TMVCC we are quoting this through our licensed franchise dealer, Freeway Ford.
Thank you for the opportunity to quote this job. If you have any questions, please call me at
(888)372-9371.
Best Regards.
Laura Richardson
Frazer, Ltd. '
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION
OF TWO TYPE I AMBULANCES FOR THE CITY OF DENTON FIRE DEPARTMENT BY
WAY OF AN 1NTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE (FILE 3954-INTERLOCAL AGREEMENT FOR TYPE
I AMBULANCES WITH H-GAC AWARDED TO FREEWAY FORD IN THE AMOUNT OF
$254,850).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
FILE
NT TIViRF,R VF,NTI(1R A lV~(1T TNT
3954 H-GAGFreeway Ford $254,850
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for
such items and agrees to purchase the materials, equipment, supplies, or services in accordance
with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the H-GAC, and the purchase
orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by H-GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase
orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-File 3954
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8044
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a first amendment to professional services agreement for performing additional
hydrogeological consulting and analytical services pertaining to the City of Denton Landfill (in
the additional amount of $89,606.75 and a grand total of $193,555.55 for both the First
Amendment and the original agreement); authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board approved this item by a vote of (6-0).
FILE INFORMATION
The City of Denton Landfill performs a variety of groundwater sampling events, and submits
monitoring results of its groundwater monitoring wells and two leachate sumps on asemi-annual
basis to the Texas Commission on Environmental Quality (TCEQ).
As part of the sampling process, the Landfill also performs semi-annual groundwater monitoring
on an upper sand water bearing layer, located approximately 14 feet to 24 feet below the ground
surface. Upon reviewing the results of the September 2007 groundwater monitoring event, a
statistically significant change in a constituent was noted at monitor Well 4U, on the south side
of the Landfill. The groundwater tested at monitoring Well 4U is not used for drinking water, nor
considered a source of drinking water but because of the statistically significant change in the
constituent detected, the landfill is required by regulation (3 0 TAC 3 3 0.411) to provide further
groundwater sampling within a localized area surrounding Well 4U.
The first amendment to the professional service agreement with Solutient GeoSciences, Inc. will
provide for the additional groundwater sampling and testing that is needed at the area around
Well 4U. Groundwater monitoring services performed by Solutient GeoSciences, Inc. include
well sampling, data review, statistical analyses, consultation, regulatory reporting, and general
geological and hydrogeological services. Following the sampling period, the Solutient
GeoSciences, Inc. hydrogeologist will provide a report to the City of Denton, which will
determine if further action is required. The cost estimate for these services is included as Exhibit
1.
Agenda Information Sheet
February 5, 2008
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its December 10, 2007 meeting. Council
approved the original professional service agreement in the amount of $103,948.80 on November
6, 2007.
RECOMMENDATION
Approve the first amendment to a professional services agreement with Solutient Geosciences in
the amount of $89,606.75 for a total contract award of $193,555.55.
PRINCIPAL PLACE OF BUSINESS
Solutient Geosciences, Inc.
Tyler, TX
ESTIMATED SCHEDULE OF PROJECT
The first amendment to the professional service agreement is for testing to be performed during
the 2008 fiscal year.
FISCAL INFORMATION
Funding is provided from solid waste budget account number 660300.7879.
F,XTTTRTT~
1. Solutient Geosciences, Inc. Estimated Cost of Services
Respectfully submitted:
c-~,
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 3911
Exhibit 1
PROBABLE COST ESTIMATE
December 5, 2007
MW-4U Assessment of Corrective Measures
City of Denton Landfill - MSW Permit No.1590A
Denton (Denton County), Texas
Item Quantity Unit Unit Rate Cost
1. Notification, Plannin ,Meetin s, & Submittals
Pro~ect Mana erlH dro eolo ist 20 hour $ 125.00 $ 2,500.00
CARD 0 erator 4 hour $ 55.00 $ 220.00
Vehicle 1 da $ 55.00 $ 55.00
Milea e 450 mile $ 0.63 $ 283.50
Subtotal: $ 3, 058.50
2. Plume DelineationlCharacterization -Field Work
Pro~ect Mana erlH dro eolo ist 70 hour $ 125.00 $ 8,750.00
CARD 0 erator 4 hour $ 55.00 $ 220.00
Vehicle 1 da $ 55.00 $ 55.00
Milea e 650 mile $ 0.63 $ 409.50
Subsistence 4 da $ 95.00 $ 380.00
Drillin and Well Installations - 3-4"x30' Monitorin Wells 1 is $ 12,000.00 $ 12,000.00
Surve of Monitorin Wells 1 is $ 4,000.00 $ 4,000.00
Anal ical Services - A endix II Assessment Constituents 3 wells, l du , & 2 QAIQC 1 is $ 9,000.00 $ 9,000.00
Dis osable PVC Bailers 3 each $ 25.00 $ 75.00
Water Level Meter 2 da $ 50.00 $ 100.00
Peristaltic Pum 2 da $ 50.00 $ 100.00
Dis osable PVC Tubin 125 foot $ L00 $ 125.00
Water Field Parameter Meter &Turbidimeter 2 da $ 275.00 $ 550.00
Subtotal: $ 35,764.50
3. Re ortin and Notification of Off site Landowners if im acted
Pro~ect Mana erlH dro eolo ist 15 hour $ 125.00 $ 1,875.00
Subtotal: $ 1,875.00
4. Assessment of Corrective Measures
Pro~ect Mana erlH dro eolo ist 55 hour $ 125.00 $ 6,875.00
CARD 0 erator 8 hour $ 55.00 $ 440.00
Subtotal: $ 7,315.00
5. Assessment Monitorin -Two Events
Pro~ect Mana erlH dro eolo st 30 hour $ 125.00 $ 3,750.00
CARD 0 erator 6 hour $ 55.00 $ 330.00
Environmental Technician 70 hour $ 75.00 $ 5,250.00
Subsistence 4 da $ 95.00 $ 380.00
Sam lin Vehicle 4 da $ 55.00 $ 220.00
Milea e 750 mile $ 0.63 $ 472.50
Water Level Meter 4 da $ 50.00 $ 200.00
Peristaltic Pum 4 da $ 50.00 $ 200.00
Dis osable PVC Tubin 250 foot $ L00 $ 250.00
Water Field Parameter Meter &Turbidimeter 4 da $ 275.00 $ 1,100.00
Anal ical Services - A endix II Assessment Constituents 4 wells, l du , & 2 QAIQC 1 is $ 18,000.00 $ 18,000.00
Subtotal: $ 30,152.50
6. Public Meetin
Pro~ect Mana erlH dro eolo ist 40 hour $ 125.00 $ 5,000.00
Vehicle 1 da $ 55.00 $ 55.00
Milea e 375 mile $ 0.63 $ 236.25
Subtotal: $ 5,291.25
7. Select and Purchase of Submersible Pum for Liner Underdrain
Pro~ect Mana erlH dro eolo ist 8 hour $ 125.00 $ 1,000.00
Grundfos Redi-Flo 3 Submersible Pum c/w 50 Feet of Electrical Lead & Flexible Tubin 1 is $ 5,000.00 $ 5,000.00
Shi in 1 is $ 150.00 $ 150.00
Subtotal: $ 6,150.00
TOTAL: $ 89, 606 75
Notes:
1. In the event plume delineation is not accomplished via installation of three proposed monitoring wells, additional well installations may be required.
2. Assessment of corrective measures to be initiated by February 18, 2008.
3. Assessment of corrective measures to be completed by August 2008.
4. Assessment monitoring of MW-4U and three assessment wells will berequired on asemi-annual frequency during performance of corrective
measures assessment. Above estimate includes 2 events for all 40 CFR Part 258, Appendix II constituents.
5. Corrective action to be determined upon completion of corrective measures assessment activities and evaluation of response from participants in
public meeting.
6. City of Denton landfill personnel will be responsible for installation of liner underdrain submersible pump.
ORDINANCE N0.2008-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR PERFORMING ADDITIONAL HYDROGEOLOGICAL
CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL (IN THE ADDITIONAL AMOUNT OF $89,606.75, AND A
GRAND TOTAL OF $193,555.55 FOR BOTH THE FIRST AMENDMENT AND THE
ORIGINAL AGREEMENT); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage the hydrogeological firm Solutient GeoSciences, Inc., a Corporation, of Tyler, Texas
("Solutient"), to provide services respecting an assessment of corrective measures for
groundwater at monitoring well MW-4U located at the City of Denton Landfill (MSW Permit
No. 1590A); the City Council has previously engaged Solutient to perform other previous
hydrogeological consulting and analytical services, and has been satisfied as to both the
quality and the price of Solutient's work; and
WHEREAS, the City staff has reported to the City Council that there is a substantial
need for the above-referenced professional services, and that limited City staff cannot
adequately perform the specialized services and tasks with its own personnel. There is a tight
timeline to perform some of the services called for in the First Amendment, and therefore
Staff has requested approval of this First Amendment to be effective November 15, 2007; and
WHEREAS, the Public Utilities Board of the City of Denton has considered this First
Amendment to Agreement and has recommended approval thereof by a vote of 6 to 0 on
December 10, 2007; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct and are
incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute a "First Amendment
to Professional Services Agreement for Performing Hydrogeological Consulting and
Analytical Services Pertaining To the city of Denton Landfill" (hereafter the "First
Amendment") with Solutient GeoSciences, Inc., a Corporation, of Tyler, Texas for an
additional amount not-to-exceed $89,606.75 for further professional hydrogeological services
(resulting in a total expenditure authority of not to exceed $193,555.55 for both the Original
1
Agreement and the First Amendment, to the City of Denton Landfill - MSW Permit No.
1590A); in substantially the form of the First Amendment attached hereto as Exhibit "A" and
incorporated herewith by reference.
SECTION 3: The award of this Agreement by the City is on the basis of the
continued demonstrated competence, knowledge, and qualifications of Solutient and the
continued demonstrated ability of Solutient to perform the services needed by the City for a
fair and reasonable price.
SECTION 4: The expenditure of funds as provided in the attached First Amendment
is hereby authorized.
SECTION 5: This ordinance shall be approved, ratified and confirmed from and
after November 15, 2007.
SECTION 6: Otherwise this ordinance shall be effective from and after the date of its
passage and approval.
PASSED AND APPROVED this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
2
STATE OF TEXAS §
COUNTY OF DENTON §
~T AMENDMENT TO PO~`XONAL ~.V~C~ AOP~.EBMNT
~~~ PEP.F`ORMIN ADDITIONAL ~D~OEOLOCICAL CONULTINCr .AND
.ANA~,YTICAL EI~~'ICE PETA.IN~NO TO TIDE CITY OF DENTON LAND~`ILL
T~II FIRST AMENDMENT is made and entered into on this the i day of
, 200, but is effective from and aver the ~ 5th ~~~ of November, 207, ~~ and
between the City of Denton, Texas, a Teas Municipal Corporation, with its principal offices ~.t
I fast Mcl~inney street, Denton, Texas 7201 ~hereinafler "OWNER"}; and olutient
Creociences, Inc., a Corporation, with its corporate office at X800 Paluxy Drive, Suite 2~D~
Tyler, Texas 75703 ~hereinaer "CONSULTANT"}; the parties acting herein by and through
their xespectiveduly-authorized representat~~res and ocers.
wITNESST, that in consideration of the covenants and agreei~nents herein contained}
the parties hereto do mutually AGREE as follows:
A ~ TT~`T .~ T
AMENDMENT TO AO~MNT
The ~~ hereby contracts with CONSULTANT, as an independent contractor, and
the CONS~J~LTANT hereby agrees to perfor. the additional sei~ices in addition to those services
described in that previously approved "Professional Service Agreement for Performing
Hydrogco~ogical Consulting and Analytical Services Pertaining to the City of Denton Landfill,"
~th~ "Original Agreement"} approved by the Denton City Council on Naven~ber ~, 2007, but
efl`ective as of October I, 2007, in Ordinance No. 2007-258; in connection with the Landoll as
stated in the Articles to follow, with d~l~gence and in accordance with the professional standards
customarily obtained for such services in the Mate of Texas, The professional services set forth
herein are in connection with the following additional described project regarding the "first
An~endrnent" the "Project"}:
~'t~ovidr'~g a~ ~ssess~r~nt of co~~•e~~ive easuties for• g~~~u~td~va~~~• at r~o~i~~rir~ ~e~~ YY ~U Iaca~ed of
~~re ~'ity of .~e~~or~ La~df ilk. ~'~rs assessr~e~r~ is ~equi~ed as a r~~sul~ ~f a r~ece~r~ s~a~r~s~ica~~~ srgr~r~ica~r~
occur~•e~tce of a~ assessr~~n~ onrto~irrg~ co~rs~itue~~ r~ ~•o~nc~wa~e~F
ARTICLE ~I
SOIL O S~~
The ONi~LTANT shall perform the following additional Basic Services in a
professional manner:
To perform all those additional seises as are set forth in the CON~JLTANT's "Proposal
for Assessment of Corrective Measures - Mw-4U -City of Denton, Texas Land~ili" In that
certain four ~4} page letter from Leslie ~,. ~es~e, P,C., ~Iydrogeologist of the CONSULTANT to
Page 1 of 4
David I)ugger, I•~and~ill tanager off` ~NER, dated December ~, ~00~, which fetter is attached
hereto as xhibxt `<~," and is incorporated herev~ith ~~ reference,
AI~TZ~ IIi
AI~~T~~NA~ ER~I
Any Additional Services to be performed by ~~NSI~~,TANT, if authorised by ~'N~,
v~hich are not included as basic Services in the above-described Scope o~ Services, set forth in
Article II above, shall be later agreed-upon by ~Nl~l~ and NSU~TANT, mho shall
deternair~e, in meriting, the scope of such Additional Services, the amount of compensation far
such additional services, and other essential terms pertaining to the provision of such Additional
Services by ~~NSU~TANT.
A~T~~
Pl~l~~ ~F S~RVIE
The parties hereby agree that in any event, this First Anaendrnent shall be rati~'~ed,
confirmed and approved retroactively from and aver Navenaber 15, 2a07. dark shall commence
upon the issuance of a notice to proceed to ~NS[~LTANT by the ~'N. This Agreement
shall remain, ~n farce for the period that may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
~NER, or until January 1, X09, whichever event shall first occur. This Agreement may be
sooner terminated in accordance ~~th the proviinr~s hereof. Tirrle is of the essence in the
performance of this AgreenaentF ~N[~.,TANT shall rr~ake all reasonable effa~s to complete
the services set forth herein as expeditiously as possible and to meet the schedules} reasonably
established by the ~NER, acting through xts ~]irector of Solid waste or his designee.
ARTI~I~~ ~'
~MPENSATIN
~,. CC~MPENATI~N TI~I~;
"~~rect Nonwl/,abor expense" is defined as that expense bother Haan "per diem" expense,
based upan actual cost plus ~~een ~1 ~~Io~ percent, for any gut-of packet expense
reasonably incurred by the NSUI~TANT related to its pe`or~nance of this First
Amendment, for long distance telephone charges, telecapy charges messenger services,
printing and reproduction expenses, gut-af pocket expenses far purchased computer tinge,
prudently incurred tr~.vel expenses rebated to e work on the Project, and similar incidental
expenses incurred ~n connection with the Pr~~ect.
~. ~IL~,IN ANI~ PA~NINT;
Far and in consideration of tae professional services to be performed by ~NULTANT
herein ~Nl~l~ agrees to pay ~N[~LTANT, based upan the satisfactory completion of
the basic Services tasks set forth in the Scrape of Services as shoves. in Article ~I above; as
follows;
Page 2 of 4
I , C~NULTANT shall perform its work on this bra jest on ~n hourly fee bads,
plus reimbursement for all reasonably incurred out-off=pocket expenses, billed monthly, or
for longer periods o~ time. C~N~]LTANT shall bill franc tine sheets, in rninin~una
hour increments of time, at the rates and subs ect to the terms set forth in C~N~JLTANT's
"Probable Cost l~stinaate~' dated December ~, ~4~'~, which is contained as page 4 of exhibit
"A," incorporated by reference herein, CwNI~ shall pay to ~NULTANT far its
professional services performed, and for its out-of pocket expenses incurred in this
additional pro ject, a total amount not to exceed 5~,~~~.75. Added to the original
agreement approved in the Fall of ~~~7 in an amount not to exceed ~ I ~~,~8, S~, the total
amount of funds authorized far the two pro jcets is not to exceed $ 19,555.55.
~. All other provisions contained in Article ~. of said original agreement are,
and shall remain, in full force and effect a to this First An~ndn~ent as well.
AI~TICL ~'~
1~R0~II~N ~NC~I~I~.AT~D BY RF~FI~NC ~1N
It is agreed and understood that this First Amendment expressly incorporates by reference
herein the applicable provisions of Article I through Article ~I'~ inclusive, of the original
Agreement, as if they were expressly set Earth in this document,
ARTICLE III
11NTIR~ A~I~~NT
This First Amendment consisting of pages anal one ~ I ~ l~xhibit hereto, said
l~xhibits constitute the complete and fnal expression of the First Amendment of the parties and ~s
intended as a complete and exclusive statement of the terms of their first at~ended agreement, and
supersedes all prior contemporaneous offers, prorn~ses, representations, negotiations, discussions,
carnmun~catians, understandings, and agreements which may Dave been made in connection with
the subs ect matter of this First Amendment.
AI~T~CLE VIII
FURTHER PR~~SI~N NC~IP~RATI~D ~FI~~NCE I~EREIN
It is agreed and understood that this First Amendment expressly incorporates by reference
herein the applicable provisions of Article ~ through Article XII inclusive, of the original
Agreement, as ifthey were expressly set forth in this document,
IN w~TNI~ wI-~ERE~F, the City of Denton, Texas has executed this First An~endnr~ent
xn Four ~4} original counterparts by and through its duly authorized City Manager; and
CDN~LTANT has executed this Agreement b~ and through its duly authorized undersigned
officer, on this the ~ day of , ~~~8, but to be ratified, conf~rrmed and
effective as ofthe 15th. day ofNoven~ber, Z~O~,
Page 3 of 4
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
George C. Campbell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By'
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~
"CONSULTANT`"
SOLUTIENT GEOSCIENCES, INC.
A Corporation
By:
ATTEST:
By: ~ ,
S
Page 4 of 4
38~a Pux~ give, uita ~~
TI~r, Texas ?~~~
~9~~~ ~~ 1-434 ~~~~ ~ 1~~ ~
ece€~er , ~a~7
David ~u~er
Nandi uper,te~~~nt
~~ ~6 ote~ ~~d
~entan, Tx, ~`~~aS
~.~ssme~t ~ ~~r~et~~e ~e~~u~~s ~ ~-4~
City of~ent~~ ~d~l W ~ Penr~# o. ~~a,
]~~#a~ entan a~~y}, T~~a
D~ax fir, Dugger~
accardance ~anr recent r~q~e~t, a~~tre~t eocier~es, pct ~~`a~~t~r~t'~~ i~
~lea~d t~ ~u~.t #~e ~~i~~~n ro~~~1 "ar pra~r~~. ~~ax~~ental ~onl#~ ser~ice~
and Ana# ~`or ~~rforrnin an a~~~~# ~~' ~~rreti~r~ measures far ~adv~a~~~r ~t
.ani#aring ~e~l ~-~U ~acat~d ~# a base re~ere~eed ~aeil~t~~ Tie ~ss~~e~t ~s ~~~~~
a~ a rest ~~` a r~c~~~ t~~tica~ ign~"ic~uat ~cerenc a ~e~smen# ~nar~.i#ar~.
cap#~~u~nt ~ran~~a#er.
Background Tnfo~rmahor~
I~a~r ~~~ a~~va~i.~~ ~~l~tiie ~r~anxc ca~vund ~"~'~$'} aye been a~#~n~~il
r~arted at ~~~4U~ v~~.ch monitar aund~#~r cnr~#nd ~rithin tie ;~upp~r" ~a~~ t t~
~~it~r, ~inae e~taer ~~, Thy ~0~ acauence i~ Sunda#~~ i b~~~~r~~ to ~~
reuit ~~ ~ fast ~an~I has ~~eae ~rithin the irned~ate area. e ~and~i ~ ~er~in ~s
ar~er for ~ ~~. ~aever, ~# ~~ den undetermined a to het~er tae r~~eae may
have ai~a c~ude~ ~~~h~#, a result o~t~a ~Q ~~xt~~, ~~ h ~e~n lisped
~ ases~en# ~ar~#~r~ng s~nc~ axch ~a~, u~t afe s~~st~eal evaluatian performed
far #~e r~por~ed epte~~er ~a~~ au~d~#er n~ani#arin~ event an~tia.~ d~#a ~a~red ~n
exee~ee ~~'~ r~~rndu~ater p~atectxau ~t~n~axd ~~`'~"~ for #ric~aroet~ene ~"TAE"}~
~ ~~ ~ ~axt ~~, A~pcnd~x ~ co~t~t~re~t, a~ 0.~~ m~ a# ~-~~. ce ~~#e~aber
~a~5~ TAE eancntra~a~s ~# ~µ~ ~a~e varied dram a.aa447 ~g1~ #o ~~~~ 1I~
fir, ~a~id ~uge~, pity ~~ 3~ntan
December ~, ~Oa~
Pale ~
cae a~ ar
As a rult ale ' e~aeedanae fog T at rV~'U and in accordance t~ a
~'A 33~.~~~g~~ a~tient mill mist the pity v~ith preparat~an aka natcat~~n ~attr t~ b~
sent ~a c ~~~nti~e di~~atar and apprapria~e local ~a~vr.~nt nciais n~~. ern a'
the accrence, the notification ~il~ ~~ gent th ~~en days a~ e ~ ~~~~~~~
det~aa%natian.
n addition, the ~'oll~ing ae~~rnent a~ti~itie are refired ar~d 1X ~~ ca.pxe~~d
~~ olntien~ nn behalf of the pity.
hara~te~i~~ ~e nature and ~~tent of the ~e~eae ~ tallin~ three addltian~i
~a~n~tar wells, lnelndin~ Bey, as necary~ ~~ a~` the ell ~~ b~
in~~d betv~een ~~~ and nest adjacent yells alan tie paint ~~
compliance be~`ar ~ larch ~~~ sa~nPling event, and tha ~e~ai,~n~ ~r~il I~
be inta~l~d da~ngradient a ~-4~. l ~~th~ ~vll ~. be apd ~`ar
4~ 'R Part ~5$, Ap~~nd ~ ontn~nt,
~~ ~n ritin~ a~~ pe~~an~ that o~vn or acaupy land that directly ~~erlie~ any
dart of ~ ~lu~ne of cantan~inatian ~~ canta~ant have nr~t~d o site
indicated by tha new v~e~l.
l~txate an asn~~ut of carrecti~e n~easnres a~ required by 3~ T1~ ~3~a,4~ ~
a~ nth 9~ days ~i~e.~ February ~ ~, ~a~~ ~~~~ n.~t~ce to ~ut~~r~ d~ret~r,
~~ ~rr~~ti~e n~~ses ~~esm~nt shall be carnpleted within 1$0 days of tiat~ .
asen~ent ~n~asures {not later than l~uut ~~~~~, ~ ~~sn~~nt hail inc~~de an analysis
of the effect~~eness ~~ pat~n~al ~orr~~ti~~ ~ea~nre ~ueet~ng a~1 ~f the requirements and
ab~ect~~~ a~` ~ reedy as de~ribed in ~ 3 a.~ 1 ~, addr~s~i~ at fat the f~llav~i~~
~~~~~, rel~a~~~t, ~a.~e a~ imple~n~ntation, and p~tentxa~ i~npa~t ~~
apprap~iate paten~al remedies, i~~di~ a~~ np~ct~, cras~m~dia ~npacts,
and control a~ e~cpa~ur to ~ r~~idua~ can~at~on,
• ~~~ ~qx~d t~ heg~ and complete the ren~dy~
• fasts of remedy imp~~~nen#at~an, and
• ~n~~t~txona~ r~a~u~r~~~nt, uc state ar Kcal go~ernn~ent renixe~~n,ts ar
ner ~nvix~nn~entai ar pnhlic health requixe~nent fat may btt~a~y affect
in~plementatian a~` e seedy ar ~~n~edi~s,
l~pa~ eopletian of the a~o~e. e City ~a~~ dieu~ resnlt ~f tie e~rrecti~e
lU~r, Dated Du~ger, ~ of Dentan
~ecemher s ~U~'~
gage
rnea~re a~~srnent, pr~ar to tae selection of a remedy, in ~ publ~e ~neetin nth inte~e~ted
and. a'ected partic, al€~tient X11 caardlnate nth ~~ i to arrange far ~e n~eetin~ and
provide nace ~n ~eeardance nth the pro~r~~io~a ~' 0 T~ 3J,5D~~e}~~}, In addit~on~
alutient ~1~ provide a pre~entatio~a for ~ n~eetln,
addition} ~alut~e~t v~ill perform the following services re~at~~e to a assernent
a~ arrecti~e measure,
urging perfaance of the ~o~ceeti~e masuxes assessment, asse~ment
~nitoring X11 cant~ue as ~peei~ed in ~ T~ 33~,4D~~ .
Within ~ days of eon~.pletg a assessment of earreti~re m~eaures, report
shad be ubmztted ~~ the e~ecuti~ director far ree and appra~al, and
placement in the site nperat~ng record, The r~part shill describe the ren~ed~ or
rerr~edies pr~po~ed for selection and the a~ in ~~ ~t mill ~.eet ttae
reyu~rements of ~ a TAB § ~ ~ a,4 ~ ~, and
based an the results off' ~ earrecti~re measures assessment, a remedy stall he
selected ~t ~ pr~tectivc of human health end ~ enr~~ronn~nt, atta ~.~
~, and controls the source o~ releases so as t4 reduce ar el~.nate father
releases. alut~ent will ~ss~t ~ i .th estahlishin~ a schedule far in~t~~ting
and ccmplting remcdiai acti~rities.
Upon cap~etian ofthe assessment ati~it~e, solutient itl in~ple~nent the selected ren~ed~r
part of the co~eetive ~~~~ programs and pra~ride a~ga~ rn~tor~n and reporting to
evaluate the effectiveness ofthe remedial measures i~ meeting the requirements o~'0 T~
a,~~~~ under a separate prop.
d iastl~} aiutient mill purchase ~ suh-ersible pump capable of ren~a~ing
groundwater horn ~e idll liner nderdrain system. The pump will be installed by .~
ley of ~ent~n Frith the assistance of alutient,
os~ l~s~imate
Based upon e aho~re scope of se~rices and our undrstandg ofthe project, e have
prepaxed the at~aehed l~robahle fast Estimate ,~~. hoer the estimated quantities o~`or~
and unit Fees. It is es~nateal that the t~~ amount of this propflsal should not exceed
~9,~a6,~5. This p~opoal does rat include Drell instaXlatio~. ~~ sapling services beyond
~ ~t~l wee veils planned. In ttt~.e e~rent a results of the initial assessment aeti~t~ties
reed the need to ~.~ additional ~nauitorin ells and perfa additional ~pli~g
Nx~ ~~~~ ~~gcr~ icy ~~' ~e~.ton
~ece~ber ~, ~D~~
~~ 4
ac~i~ntie ~a~ ~de~~ate plume d~~e~t~C~n, ~~~ service ~ ~ p~x~r~d undex ~, prate
prapas,
you ~~~~ b~ noted unfurese~n condi~an ire enc~un~ered or there ~~ a necess~~y
to change a ~~~ o~~vor~ ~ddit~ona~ ~~ ~ rat be peror~rned out .rst abtai~.
your approval o~ the addit~ona cns~, ~.r~, ~n~o~ee w~~~ ~~ uhm~tted on ~ ~nnr~~y bay far
e pereen~ o~v~ork carnp~eted. It ~~Z ~e used upon the ac~aa~ pro eased and ~~ ut
paces ho~vn ~ the attached Pahab~e fast state.
I~ you ~~~~ a~ que~~ons after re~rae~ this propa~a~, please ~~ nat hesitate t~n
contae~ ~. ~ X03} ~~~~44a~ A al~ra~~x e lank farv~a~d to ~s~sn~ ~e pity nth thl~
pr~jeotf
e try y~~x,
aluent eciences, Inc.
+r
/~~ A ~ ~ ~~
I~esl~e ~~ ~~~~, l~.r.
lyd~c~ealost
~.ttaeh; ~rabab~e fast estimate
f'RC~1~A~3LE ~0~'f E~iT14iATE
G~cmb~r ~, ~~07'
1~.~Y-~i# ~4ss~me~t ~f Carrrct3vr Meflsures
CJt~ of ~~to~ ~~~~'~I ~ ~~SW ~'~rtitl# Nn, llS9~,~
~~tan ~De~t~n aupty)t Tuns
item C~uttcttit ~.1niE ~.J~1il aka CrrSt
!, Nniii~na#in Planair~ ~ 11rlc~ti~ , ~ ~ubnylttnls
1'm'rct Mann erfH ~~ eala "St ~€3 1#our fi 1?,f10 ~ ~,~€}~.~0
~~ ~ Cl~ika~ ~ ~}OCIC ~ 5~.~1 ~ 7~~.~~
Vchiela ~ da' ~ S~,(~l ~ .~~
~il~ c 45~ ~I1~1C ~ ~,ts3 ~ ~~~,5~
~~brnt~l'r S ,3~~~8,~*~
~. g"Ia mc lir~t~linNChtu~~keti~tiou - Field Wad
gm'~as IvI nr~I bra e~rla ' 7~ haur ~ 12~,~D ~ 8,~~~,~0
CAI?U ~ rnt~r ~ hour S 55,~~ ~ ~~.fHt
~~hlcle 1 dn~' ~ 5~.~~ ~ ~5,~0
Miles f~~Q mile ~ ~,ka3 S 449,~~
Suhsisf~nc~ 4 ~ ~ 95.~~ ~ ~~~,~0
~~ir- tmd V~c'*1 It~#~!alion~ - 3-4~x3~' ~#}~ilgpll ~cils 1 is ~ 1? ~OQ.~I} ~ l~~f~~.~f1
u o~Moottarit~ V~c11s 1 is ~ 4,t.~fl ~ ~,f~Hl.i~
Aatd 'r~ 5crvices - A nalx ~ Ass~s~mcnt C~nstltu~ts ~~ ~ve1ls I du , & ? Al ~ l is ~ 9,~4.~4 ~ 9,Q40.4~
air bl~ PVC~a~lers 3 ~1~ S ~5.~~ ~ 75,~~
V4~~lC~ I,CYCI Ma~cr 2 d~ ~ 5Q.Qfl ~ I4CI,4q
P~rislaltie Pum ? ~ ~ 5~,~ ~ 1 ~CI,UQ
~i ~nble FVC Tu~ir~ 1~5 f'a~k ~ I.Q4 ~ 1?.5,~~
LYakar ~ri~ld I~r~metar Meter & Turbidirue#er ~ da ~ ?'~S,t)10 ~ 5~0,~~
~~~1~~; S ~,5, ~'b4.~5t3
. I~~ rtan ~tI Noti~~utinn ~~0~=site Lundu~vr~nrs i€~m acted
Prn'ccl Mgnn rJl~vdrn cola `St I~ harsr ~ 1~~,(1'D ~ I,8~5~~IJ
Snbfa~~~; ~ 1,~7~,~~
. -~SCSS4'Ci~3# RtC~r~C,C3iV~ ~~5~1FC5
Pro act M ~rJH dm cola `~t 5~ haur ~ 1?~.~0 ~ #,~75.~1~
GAUD ~ ~t~lar ~ hour S 55.0 ~ ~4~.~~
~u~~a~alr; ~ 7+3~~, 00
5, Acssm~nt ll~ar~ltorin -- Two ~v~nts
Pra`cc# Moan erg ~ Gala ~ # 3t~ hnur ~ 1 .0~ ~ 3.75~,1~
~A~~ D kor to haur ~ SS,~~ S ~~~,t~
~~vimnm~nlu~ T~chnioi~n 7~ haur ~ 75,~U S 5,?.~I}.Q(3
8ubsi~an~c ~ ~ ~ ~S.~U S ~~0.~3
~illt! ~~ ~ ~Chi~lc ~ da ~ SS.Q4 ~ ?7~.~
Milc$ c 7~~ mils ~ t},~3 ~ A72,~~
wniar Live] Me#ci ~ ~ ~ ~a,~o ~ ~~~
~cr~knllic ~~m d day ~~.00 ~ ~~o.~
~' lc 1}VC'~"#~~ir~ r ?,~ I'~~t ~ I~~l ~ ~~U,l;~
~V~icr Picld Pa~cter Meles & Tuthfdimnter ~ day ~ ~~S,D~ ~ l,l~l.~~
A~a1 ki~l crvic~ y A ~dix II A~menl Can~filu~ats ~~ w~Ils, ~ du , & 2 Q~11 ~ 1 ~s ~ ~S,ti0ta.00 ~ 1 ~,t7D0.~~
sr~~rat~l'; S ~~,~~~5~
~tr~~ic M~c~irr
l~'ec# Min r dro pia i~t 4~ ?fur ~ I?~.~0 ~,~Il'(1.~~
V~~icl~ I ~v ~ ~5.~0 S ~5.~~
Milan ~ 37~ ma7c ~ U.6~ ~ ~,?~
~rr~to#a!; ~ ~,~9I,~5
7. S~l~c# ar~d Purcl~~~ aF~ubm~r5i6~~ ~urrt fir Dina Und~~rni~
Pm eat Muni arlH dro eol~ "~# 8 hour ~ l.p~ I t}DU,00
~run~i'os I7~di-P1n 3 Submnrsihl~ Pum t#tiv ~0 I~'t a~;~c~#rical Lid ~ El~iblc Tu6iu I Is ~ ~.~OO.QD ~ ~,~~~,~0
h! i€~ I >s ~ l~q.p~ ~ t~Q.~O
S`~~~a~a~r ~ ~~~~~~~
Nags:
1, its the ev~ot ~lurr~~ dc~i~~tlo~ i~ ~aat ~coomgli~h~~ via in~i~lalian ~f thr~ gmpac~ mar~itonng w~11~ a~litian~l ~v~ii ir~~~lnk~~ns muy ~ ~ui~a.
~, Ass~~~a! af"c4rrrctiv~ mc~ures to ~c fr~iti~k~I by +~cbruruy I~, ?~~~.
3, f#s5~€~~# of ~trrctiv~ m~surrs to he ~mpi~led by August ~oa~.
4. As~~~ot m~~jl~rit~ ~f M-~U turd ~ asscs~ma~t w~Iis w~l ~ uircc# ott a mi•~n~~l f~~u~rGCy during ~rforrttnncc ~f c~r~ctiU~
mr~ sm~r~t Ave r~timat~ i~~ludcs ? cv~~t~ fnr ~~ 4~ APR Port ~~, Apg~ttdix II r~t>sti~cnts.
~, ~asr~tivc ant€an to be dclcrmiucd upon eomgleGon ~I`carrect~ve m a~sessmcnt ~ctivitirs and u~tiar~ ~Fte3goa~c frorn g~ticipur~ls xn
public m~ctir~~
~. City ~fDcnlar~ l~~#~Il gunnel will b~ r~pnrtsibl~ far ir~l~ll~#Io~ of lino underdrnin subrnetsibl~ pump,
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
December 10, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Vice-Chair of the Public Utilities Board convened into an Open Meeting on Monday,
December 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present: Vice Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson, Bill Grubbs
and Bill Cheek (arrived at 9:13 a.m.).
Absent: Chair Charldean Newell, excused
Ex Officio Members:
George C. Campbell, City Manager
Howard Martin, ACM Utilities
Vice Chair Dick Smith announced that a quorum was present and convened into a closed
meeting at 9:00 a.m. to consider the following under the provisions of §551.086 of the Texas
Government Code.
CLOSED MEETING:
[~ Before the Public Utilities Board ("PUB") may discuss, deliberate, vote, or take final
action on each of the agenda items posted as a "competitive matter" in a Closed Meeting
under the provisions of Texas Government Code §551.086(c) relating to "Public Power
Utility" items, the Chair of the PUB shall first announce the time, and then the PUB must
then vote and make a good faith determination, by a maj ority vote of its members, that if any
particular agenda item listed under the "Closed Meeting" section is an electrical "competitive
matter" that satisfies the requirements of §551.086(b)(3). If there is more than one
"competitive matter" item on the PUB agenda, then a separate vote must be taken for each
item. The vote shall be taken during the Closed Meeting and shall be included in the
certified agenda or tape recording of the Closed Meeting. If the PUB fails to determine by a
maj ority vote of its members that the particular agenda item satisfies the requirements of
§551.086(b)(3), then the PUB may not discuss, deliberate or take any further action on that
Agenda item in its Closed Meeting. For any agenda item listed under any other section of
the Texas Government Code, other than §551.086, consideration in the Closed Meeting is
permitted without the necessity of a preliminary motion and a vote of the Board being taken.]
A. CONSULTATION WITH ATTORNEY --- Under Texas Government Code
§551.071; and DELIBERATIONS REGARDING REAL PROPERTY ---Under
Texas Government Code §551.072;
1. Discussion, delibeNate, and Neceive infoNmation from Staff, and pNOVide Staff with
direction pertaining to the purchase price of, the possible terms of sale of, and
valuation issues respecting the acquisition of an appNOximate 0.278 acre peNmanent
water easement; and an approximate 0.197 acre temporary construction easement,
both located in the Asa Hickman SuNVey, Abstract No. 521 in the City of Denton,
Denton County, Texas, and being located along the north side of Roselawn Drive.
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
2of7
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Consultation with the City's attorneys regarding legal issues associated ~~ith the
necessaNy easement acquisition for the above easements, where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to the City
Council undeN the Texas Rules of Disciplinary Conduct of the State BaN of Texas, oN
would jeopardize the City's legal position in any administrative pNOCeedings or
potential litigation involving said real property. (Roselawn DNive Water Line Project)
B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
UnderTexas Government Code §551.086.
1. Receive competitive public power information and financial documentation from Staff
in the form of the Denton Municipal Electric ("DME') Executive Summary together
with the October 2007 DME Budget versus Actual Revenues, Expenses, and
Commodity Volumes; and discuss, delibeNate, consider, and provide Staff with
direction regarding such matters.
2. Receive competitive electric information, including financial information from staff
pertaining to Denton Municipal Electric ("DME ") electric service rate issues and
strategies, including without limitation, the Second quarter FY 2008 Energy Cost
Adjustment ("ECA ") and Renewable Cost Adjustment ("RCA ") rates and other
related matters; and discuss, deliberate, consider, determine policy, and provide Staff
with direction regarding such matters.
At 9:24 a.m. Vice Chair Smith declared the closed meeting ended and announced that the
Public Utilities Board was thereafter in open session.
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
Vice Chair Smith pulled Item 5 for Individual Consideration.
1) Consider recommending adoption of an ordinance declaring that a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of an
approximate 0.278 acre permanent water easement and an approximate 0.197 acre temporary
construction easement, both located in the Asa Hickman Survey, Abstract No. 521 and both
being within a parcel of land conveyed to Lee Anne Todd by deed recorded as Document
Number 94-R0001091 in the Real Property Records of Denton County, Texas; authorizing
the City Attorney, or his designee, to acquire the easements through agreement or eminent
domain; and providing an effective date.
2) Consider recommending adoption of an Ordinance accepting competitive bids and awarding
a public works contract for the construction of Morse Street Channel Improvements;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3847-
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
3 of 7
1 Morse Street Channel Improvements awarded to Laughley Bridge and Construction, Inc. in
2 the amount of $1,049,766).
3
4 3) Consider recommending approval of a water line oversize participation agreement between
5 the City of Denton and Robson Denton Development L.P., for an amount not to exceed
6 $247,308.26.
7
8 4) Consider recommending an ordinance accepting competitive bids by way of an Interlocal
9 Cooperative Purchasing Program Participation Agreement with the Lower Colorado River
10 Authority ("LCRA") under Section 271.102 of the Texas Local Government Code, for the
11 purchase of 13 8kV and 69kV circuit breakers; and providing for the expenditure of funds
12 therefor (File 3623-Interlocal Agreement for the purchase of circuit breakers with LCRA
13 awarded to Siemens Power Transmission & Distribution, Inc. ("Siemens"), in the amount of
14 $313,455).
15
16 Board Member Phil Gallivan moved to approve Items 1 through 4 with a second from
17 Board Member Bill Cheek. The motion was approved by a 6-0 vote.
18
19 ITEMS FOR INDIVIDUAL CONSIDERATION:
20
21 5) Consider approval of Task Order 07-F, ERGOT Monitoring, of the Professional Services
22 Agreement Between the City of Denton and R. J. Covington Consulting, LLC (RJC) for an
23 amount not to exceed $20,000.
24
25 Vice Chair Smith questioned why, with an outstanding balance of $30,000 available, staff is
26 recommending a $20,000 increase. Sharon Mays, General Manager, DME, replied that staff has
27 limited expertise in ERGOT related issues and she is doing this prior to her leaving because the
28 ACM and Interim General Manager will need more support and advice regarding ERGOT issues
29 and adding an additional $20,000 will make that support available. Smith asked why the
30 $30,000 was not enough and if not, what procedure would take place when it is determined that
31 it is not enough. Mays replied she doubted the $30,000 would be enough given that there are a
32 number of important activities occurring at ERGOT at this time and that the procedure for adding
33 the additional $20,000 later on would require agenda items for PUB and City Council which
34 could make it a lengthy process.
35
36 Board Member Gallivan questioned how long the $30,000 would last. Mays replied that
37 depended on what happens. At this time activities could go increase depending upon changes
38 made to software which will require monitoring in key areas of the process.
39
40 Vice Chair Smith commented that Professional Services Agreements had always been kind of a
41 sticky issue since he has been on the Board and it seems that the Board just rubber stamps
42 everyone one of them and he is concerned that is not the right way to do it.
43
44 Board Member Gallivan asked if there was a maturity of the agreement and does it renew every
45 year. Mays replied there was no automatic renewal, but if something happens at ERGOT and
46 staff does not have approval to get somebody to monitor it, it could take four sometimes six
47 weeks to get Council approval.
Draft Minutes of the Public Utilities Board meeting
December 10, 2007
4of7
2 Vice Chair commented that the City has used Covington for 11 years, and he believed they
3 would continue to provide services to city until additional funds were approved. Mays replied
4 that was correct, but she has to warn them every single time that she does not have the authority
5 to commit approval of that money, so they are always running the risk that the policy makers will
6 not approve the additional monies needed.
7
8 Board Member Gallivan moved to approve with a second from Board Member John
9 Baines. The motion was approved by a 5-1 vote with Vice Chair Smith casting the
10 opposing vote.
11
12 6) Consider recommending approval of the Public Utilities Board meeting minutes of:
13 a. November 12, 2007
14
15 The minutes were approved as circulated.
16
17 7) Present a summary of City Accounting System Review completed by R.J. Covington
18 Consulting, LLC.
19
20 Howard Martin, ACM, called on Phil Williams, DME Finance and Accounting Manager, to
21 present. Williams provided a summary of the review which was approved by the PUB last year.
22 Williams noted that once additional staff was in place the review began earlier this year. The
23 report has been reviewed with the Finance Director and other City Management and all are in
24 agreement on how to proceed.
25
26 The report is important because in the late 1990's Texas PUC began regulating and setting rates
27 for transmission services for all electric utilities. The Transmission Cost of Service filings
28 require information to be presented by the FERC Uniform System of Accounts and, based on
29 DME's last TCOS filing, DME earns 28% on transmission system investments. Williams stated
30 that the main issues identified with the study were Fixed Asset Accounting and the need to
31 ensure that assets are booked in the correct FERC account. Williams pointed out the 28% comes
32 from other utilities in the state and not from the citizens of Denton and so it is important revenue
33 to receive.
34
3 5 The second item addressed timely reporting of financial results. Staff needs to provide reports to
36 management and PUB on a regular basis, and to record all entries throughout the year so that
3 7 management can monitor performance.
38
39 A review of Fixed Assets Accounting explained that fixed assets accounting is currently done on
40 Excel spreadsheets at year end with the information downloaded from the Oracle accounting
41 system. Additions, retirements, work-in-progress, capitalized interest, and depreciation are
42 calculated on spreadsheets. Williams stated that for fixed asset accounting this is not where we
43 want to be but there have been improvements and more improvements are planned.
44
45 In reviewing the DME asset list, Williams noted that few items needed to be written off, and that
46 a few items were found that should have been depreciated and some that should not have been.
Draft Minutes of the Public Utilities Board meeting
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1 After adjustments, the net adjustment of $271 thousand to the total Net Book Value of $83
2 million was made.
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4 The review of FERC accounting found $1.3 million of assets in inappropriate FERC accounts
5 which translated to about a $110,000 annual impact on TCOS revenue; and as a result, the
6 Engineering Manager started reviewing transmission jobs in detail and the Finance and
7 Accounting Manager will review FERC accounting for all fixed assets during the year.
8 Improvement measures to be put in place will address the need to improve capitalization of
9 equipment, engineering overhead, administrative time off and administrative overhead. Also,
10 there will be a close out of jobs periodically during the year instead of just at year end and more
11 recording entries will be made during the year.
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13 Williams stated that to continue to get better staff will:
14 • Start using the Oracle Fixed Asset module instead of spreadsheets
15 • Talk to other cities that have an electric utility and are using Oracle accounting software,
16 ~ Arrange for an Oracle consultant to provide training
17 • Create methodology for capitalizing equipment and overhead items.
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19 In addition, there will be more frequent review accounting reports listed by FERC account
20 during the year and plans to make improvements to time reporting software will result in better
21 accounting for labor and equipment charges. Staff will also study how to improve issues related
22 to warehouse operations.
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24 Williams stated that in conclusion staff has made significant progress in improving accounting
25 processes and that more improvement is in progress.
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27 Vice Chair Smith asked about the actual report from Covington stating he would like for the
28 Board to receive the Executive Summary as well as the report. Mays replied staff would email
29 those documents today and suggested that the Board also receive the response from the Finance
3 0 Department.
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32 8) Receive a presentation providing summary information of a citizen's survey completed by
33 the Survey Research Center at the University of North Texas (UNT), on the City of Denton's
34 Trash and Recycling Collections Programs, September 2007, and the North Central Texas
3 5 Council of Governments Regional Recycling Rate Benchmarking Study, September 2007.
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37 Howard Martin, ACM, pulled this item stating that due to the absence of the Recycling
3 8 Manager, it would be considered during the January meeting.
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40 9) Consider approval of a First Amendment to a Professional Services Agreement with
41 Solutient GeoSciences, Inc. to provide investigative groundwater monitoring services at the
42 city's landfill in the additional amount of $89,606.75, authorizing the expenditure of funds
43 therefor; and providing an effective date.
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45 Martin called on Vance Kemler, Director of Solid Waste, to present. Kemler stated that as
46 background for this item, landfill staff conducts ground water and gas monitoring and testing.
47 The ground water program calls for testing of a series of perimeter monitoring wells around the
Draft Minutes of the Public Utilities Board meeting
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1 landfill and that on one particular well, about one and one-half years ago, testing detected a
2 landfill gas presence in an under drain of an old dewatering device installed when the landfill
3 was constructed. Gas had intruded into that area. When the landfill gas came into contact with
4 water, that water can pickup volatile organic carbons and when that gas was detected there was a
5 slight increase in the presence of a volatile organic carbon compound, about 5 parts per billion,
6 really small. Over time, based on federal and state requirements, this is a statistical significant
7 increase and at that point, staff should begin further monitoring and expanding the testing to
8 determine exactly what there is in that area ground water monitoring well. Staff believes it is
9 associated with the presence of landfill gas from about a year and one half ago and is not
10 associated with a release from the landfill itself. Today, staff is seeking authorization to add
11 three wells, one to determine if there is some flume or contamination or presence of that volatile
12 organic carbon further away from out monitoring well. A well will be placed to find out where
13 or if that material is present. A third well can detect any of that volatile organic material away
14 from the landfill. Staff would like to get the process started as promptly as possible, and if there
15 is a problem, move forward, based on findings, with corrective action.
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17 Gallivan stated he was under the impression that the regulators are tracking this now and are not
18 too concerned about it. Kemler, they are concerned, but once the regulatory agency was notified,
19 a letter was received stating an assessment determination needs to be undertaken.
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21 Board Member Cheek moved to approve with a second from Board Member Robinson.
22 The motion was approved by a 6-0 vote.
23
24 10) ACM Update:
25 a) Water, Wastewater, Solid Waste September Financials
26
27 Vice Chair Smith stated he would like to confirm that beginning next year, drainage fees revenue
28 would be broken out separate from these budgets showing drainage fee revenue as well as the
29 allocated expenses to that revenue. Martin replied that it is done now and kept separate so one
30 call tell drainage fee revenues under wastewater, but if the Board wants specific drainage
31 expense, that can be broken out. Smith replied they want to see, whether it is broken out in a line
32 item in the budget or detailed in separate spreadsheet, in detail, actual revenue and all expenses
33 against that revenue. Martin asked if he wanted to see if for this fiscal year. Smith replied if it is
34 easy to print out yes.
35
36 Board Member Baines asked about the $8 million dollar swing in the bottom line on page 94 in
37 prior year and current year and how it is handled. Martin replied it was covered through the use
3 8 of reserve funds. Martin stated that last year was a good year in terms of it being hot and dry
39 which created revenues that added to the reserve level. That allows flexibility, when there is a
40 not so good year and a lot of rainfall, and staff does not have to alter rates to the customers.
41 Baines asked if staff anticipated at win year. Martin replied staff always budgets on what is
42 called a normal year.
43
44 b) 4th Quarter CIP Report for Water, Wastewater & Solid Waste
45
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11) New Business -This item provides an opportunity for Public Utilities Board members to
suggest items for future agendas or to request information from the Assistant City Manager
or uture meetings.
Board Member Grubbs asked for a biodiesel update. Kemler replied that had been no change
since the Board meeting in November.
12) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
Texas Government Code, as amended.
There was no continuation of a closed meeting item.
The meeting was adjourned by consensus at 10:15 .m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
~T IR.TF,CT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the wood grinding for the City of Denton Compost Facility; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3935-Annual Contract for Wood Grinding
for Compost Facility awarded to the lowest responsible bidder for each section in the estimated
annual amount of $150,000). (The Public Utilities Board recommends approval (6-0).
BID INFORMATION
Item 1 for this bid is for an annual contract to supply wood grinding services for the Dyno-Dirt
Compost Operation. The contractor comes onsite when approximately 20,000 cubic-yards of
brush, yard waste, and clean construction lumber have been accumulated. The wood products
are then ground into small pieces and transported to the compost production area. The Beneficial
Reuse Division has been contracting grinding for the past four years and has found this to be the
most economical method for grinding the wood waste.
Item 2 is for wood grinding services to be performed at various locations throughout the city.
This will be used to grind and mulch materials at various sites including City parks. The mulch
will then be transported to the City's Beneficial Reuse Facility.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS)
The Public Utilities Board approved Item 1 on this bid at its January 14, 2008 meeting. Item 2
on the bid is used by various non utility departments.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder for each section as listed
below, in the estimated amount of $150,000.
Item 1-Wood Grinding Services at Beneficial Reuse Facility Thelin Recycling Company, LP
Item 2-Wood Grinding Services/ Various Locations Big Bird Tree Service
Agenda Information Sheet
February 5, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
Thelin Recycling Company, LP Big Bird Tree Service
Southlake, TX Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract that may be extended if agreed to by both parties, with all pricing,
terms and conditions remaining the same.
FISCAL INFORMATION
This service will be funded from account 640400.7802.
F,XTTTRTT~
1. Bid Tabulation Sheet
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3935
Exhibit 1
BID #3935
DATE: ]anuary 3, 2008
Annual Contract for Wood Grinding Services
ITEM DESCRIPTION VENDOR VENDOR
Big Bird Tree Thelin
Service Recycling
Principle Place of Business: Dallas, TX Southlake, TX
1 Wood grinding services at Beneficial Reuse Facility
All labor, equipment and materials necessary for the
grinding of brush, clean construction lumber and other
A miscellaneous as specified per technical specifications. $1.65 $1.15
Annual estimated cubic yards: 100,000
$ CY
Wood grinding services at various locations
2 throughout the City as specified per technical
specifications
A Grinding/mulching natural materials on site
$4.25
$6.00
1 - 10,000 CY $ CY
B Grinding/mulching natural materials on site
$3.95
$6.00
10,000 - 20,000 CY $ CY
C Grinding/mulching natural materials on site $3.85 $6.00
20,000 - 30,000 CY $ CY
D ADD -Materials greater than 12 ft.
$4.75
$0.00
$ CY
E Mobilization and demobilization $1,000.00 $2,000.00
$ per ]ob
F Cost reduction if City removes, dispose and clean job site _$2,00 -$2.00
-$ CY
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE WOOD GRINDING FOR THE CITY OF DENTON COMPOST
FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3935-ANNUAL CONTRACT FOR WOOD
GRINDING FOR COMPOST FACILITY AWARDED TO THE LOWEST RESPONSIBLE
BIDDER FOR EACH SECTION 1N THE ESTIMATED ANNUAL AMOUNT OF $150,000). (THE
PUBLIC UTILITIES BOARD RECOMMENDS APPROVAL (6-0).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation 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 NUMBER VENDOR AMOUNT
3 93 5 1 Thelin Recycling Company, LP Exhibit A
3935 2 Big Bird Tree Service 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 purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal
written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute a written contract in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of
2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
3-ORD-Bid 3935
Exhibit A
BID #3935
DATE: ]anuary 3, 2008
Annual Contract for Wood Grinding Services
ITEM DESCRIPTION VENDOR VENDOR
Big Bird Tree Thelin
Service Recycling
Principle Place of Business: Dallas, TX Southlake, TX
1 Wood grinding services at Beneficial Reuse Facility
All labor, equipment and materials necessary for the
grinding of brush, clean construction lumber and other
A miscellaneous as specified per technical specifications. $1.15
Annual estimated cubic yards: 100,000
$ CY
Wood grinding services at various locations
2 throughout the City as specified per technical
specifications
A Grinding/mulching natural materials on site $4.25
1 - 10,000 CY $ CY
B Grinding/mulching natural materials on site
$3.95
10,000 - 20,000 CY $ CY
C Grinding/mulching natural materials on site $3.85
20,000 - 30,000 CY $ CY
D ADD -Materials greater than 12 ft. $4.75
$ CY
E Mobilization and demobilization $1 000.00
'
$ per ]ob
F Cost reduction if City removes, dispose and clean job site _$2,00
-$ CY
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PUBLIC UTILITIES BOARD AGENDA ITEM #4
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 14, 2008
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
January 14, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Phil Gallivan, Randy Robinson, Bill Grubbs
and Bill Cheek (arrived at 9:03)
Absent: John Baines, excused
Ex Officio Members:
George C. Campbell, City Manager
Howard Martin, ACM Utilities
Chair Charldean Newell announced that a quorum was present and convened into a closed
meeting at 9:00 a.m. to consider the following under the provisions §551.08 of the Texas
Government Code.
CLOSED MEETING:
[~ Before the Public Utilities Board ("PUB") may discuss, deliberate, vote, or take final
action on each of the agenda items posted as a "competitive matter" in a Closed Meeting
under the provisions of Texas Government Code §551.086(c) relating to "Public Power
Utility" items, the Chair of the PUB shall first announce the time, and then the PUB must
then vote and make a good faith determination, by a maj ority vote of its members, that if any
particular agenda item listed under the "Closed Meeting" section is an electrical "competitive
matter" that satisfies the requirements of §551.086(b)(3). If there is more than one
"competitive matter" item on the PUB agenda, then a separate vote must be taken for each
item. The vote shall be taken during the Closed Meeting and shall be included in the
certified agenda or tape recording of the Closed Meeting. If the PUB fails to determine by a
maj ority vote of its members that the particular agenda item satisfies the requirements of
§551.086(b)(3), then the PUB may not discuss, deliberate or take any further action on that
Agenda item in its Closed Meeting. For any agenda item listed under any other section of
the Texas Government Code, other than §551.086, consideration in the Closed Meeting is
permitted without the necessity of a preliminary motion and a vote of the Board being taken.]
A. CONSULTATION WITH ATTORNEY ---Under Texas Government Code
§551.071; and DELIBERATIONS REGARDING REAL PROPERTY ---Under
Texas Government Code §551.072.
1. Consultation with the City's attorneys regarding legal issues associated with the
Easement Purchase Agreement by and between the City of Denton, Texas and Chain
7 Ranch L. P. for sanitaNy seweN and lift station puNposes, wheNe a public discussion
of these legal matters would conflict with the duty of the City's attorneys to the Public
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January 14, 2008
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Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceedings or potential litigation. Discuss, deliberate, consider, receive information
fNOm Staff and pNOVide Staff with diNection peNtaining to the valuation of and the
agreement dealing with the tracts of land covered in said agreement.
B. DELIBERATIONS REGARDING CERTAIN PUBLIC POWER UTILITIES:
COMPETITIVE MATTERS --- Under Texas Government Code §551.086.
1. Receive competitive public poweN information and financial documentation from Staff
in the form of the Denton Municipal Electric ("DME ") Executive Summary together
with the November 2007 DME Budget veNSUS Actual Revenues, Expenses, and
Commodity Volumes; and discuss, deliberate, consider, and provide Staff with
direction regaNding such matteNS.
C. CONSULTATION WITH ATTORNEYS --- Under Texas Government Code
§551.071.
1. Receive legal advice from the City's Attorneys regarding the issue of discounted
electNic service Nates foN state universities; legal issues and Nemedies thereon; and
discuss and deliberate the City's legal posture regarding same. A public discussion
of these legal matters 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.
At 9:54 a.m. Chair Newell declared the closed meeting ended and announced that the
Public Utilities Board was thereafter in open session.
OPEN MEETING:
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
designee, to implement each item in accordance with the staff recommendations.
1) Consider recommending adoption of an ordinance approving an easement purchase
agreement between the City of Denton and Chain 7 Ranch L.P. for sanitary sewer and lift
station purposes in the Levi Myers Survey, Abstract No. 853, Eli Myers Survey, Abstract No.
871 and the V.E. Gallon Survey, Abstract No. 452, all in Denton County, Texas; authorizing
the expenditure of funds therefor; and providing an effective date.
2) Consider recommending adoption of an ordinance approving a pipe line crossing contract
between the City of Denton and the Kansas City Southern Railway Company relating to the
location of a City water pipeline within railroad right-of way located immediately north of
said railroad right-of way's intersection with Roselawn Drive within the Asa Hickman
Survey, Abstract Number 521, City and County of Denton Texas; authorizing the
expenditure of funds therefor; and providing an effective date.
Draft Minutes -Public Utilities Board Meeting
January 14, 2008
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1 3) Consider recommending approval of Bid #3935 to Thelin Recycling for contract wood waste
2 grinding in an amount not to exceed $115,000.
3 Board Member Dick Smith moved to approve Items 1 through 3 with a second from Board
4 Member Randy Robinson. The motion was approved by a 6-0 vote.
5
6 ITEMS FOR INDIVIDUAL CONSIDERATION:
7
8 4) Consider recommending approval of the Public Utilities Board meeting minutes of:
9 a. December 10, 2007
10
11 The minutes were approved as circulated.
12
13 5) Receive a report, hold a discussion, and give staff direction regarding the development of a
14 Quarterly Financial Report.
15
16 George Campbell, City Manager, introduced Brian Langley, Finance Director, stating that the
17 Finance department had been working to develop new quarterly financial reporting instruments
18 with concise reporting about the city's financial condition. The intent is to present a format to
19 the PUB on a quarterly basis, rather than what is received on a monthly basis, for discussion,
20 comments and feedback. Campbell also stated that this report had been given to the City
21 Council and they liked it.
22
23 Langley stated that the Finance Department is responsible for providing timely and relevant
24 financial information to the City Council. During the six months that he has been with the City,
25 he has been thinking about the types of information staff provides to the Council, Commissions,
26 and citizens on a routine basis. The quarterly report was developed and staff, besides providing
27 the financials, wanted to provide a document that was forward looking not just what happened in
28 the last quarter, but where the City is going for the rest of the fiscal year and beyond that. Staff
29 also wanted to provide meaningful information on developing financial and economic trends by
30 looking at the national, regional, and Texas economies and using information that has a bearing
31 on the financials for the City of Denton.
32
33 Langley next reviewed the report which consisted of the following sections:
34
3 5 Executive Dashboards -This section provides a high level review of the key financial and
3 6 economic information for the City.
37
3 8 Financial Summary -This section provides a more detailed review of the financial activity for
39 each of the major operating funds. A key element to this section will be the addition of a
40 projection for each operating fund for future reporting periods.
41
42 Revenue and Economic Analysis -This section is intended to provide a more detailed
43 discussion of the City's key revenue sources and economic indicators. A central theme of this
44 section will be to provide more insight into the long term planning activities for the City.
45
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January 14, 2008
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1 Investment Report -This section provides an overview of the City's investment activities for
2 the quarter. In addition, it will provide information regarding our investment strategy and
3 portfolio allocation for future periods.
4
5 Board Member Dick Smith referred to the wastewater schedule stating he wanted to confirm that
6 in the past this Board had requested and it was agreed that the drainage fee revenue and its
7 related expenses be broken and provided to the Board. Langley replied he could do that the next
8 quarter and could add a dashboard for drainage. Smith replied a dashboard was not necessary.
9 Board Member Smith stated that the Board realizes that drainage revenue expenditures have
10 become an item and necessarily so. Smith also stated that the City Council and Mr. Mulroy had
11 also requested a report on the drainage revenues and expenditures and what was the status of that
12 report.
13
14 Campbell replied it has been finished and provided to the City Council and he would be happy to
15 provide a copy to the PUB although he has not received any feedback from the Council as of yet.
16
17 Smith also stated he liked to format and that it provides a lot of information, and can the PUB
18 continue to receive the financial reporting on a monthly basis in the ACM report. Campbell
19 replied that could be done.
20
21 6) Receive a report, hold a discussion, and give staff direction regarding the RJ Covington
22 Accounting Review.
23
24 Brian Langley, prior to presenting his report, and wanting to introduce the Board to the Finance
25 Department, reviewed an organization chart of the Finance Division.
26
27 Langley stated that in 2003, Covington prepared a fixed asset study for DME and that in 2006
28 DME remained concerned about fixed asset accounting records. In late 2006, Finance and DME
29 agreed to collaboratively conduct an accounting system review with the scope of the review be to
30 provide a high level review of accounting systems specifically affecting DME.
31
32 Langley stated that he was hired in July of 2007 and at that time Finance and DME staff began
3 3 looking at the report and the recommendations and trying to determine how to proceed. Langley
34 stated there are limitations of the report. While it is a good report, it was not prepared by an
35 audit or accounting firm. For that reason those recommendations that relate to accounting,
36 treatment, and how to recognize revenue, require an external audit firm review to give a formal
37 opinion before Finance can move forward. There was also minimal interface with accounting
38 staff and consultants. Langley's preference would have been for the consultants to spend direct
39 time with the accountants, to interview those accountants to make sure that all the policies and
40 procedures were down, and receive feedback. That did not happen. Next he stated that the
41 recommendations only pertain to DME and do not consider the impact to other operations in the
42 City and that the report tends to focus on accounting issues without addressing relevant
43 management decisions. That is important because when looking a fixed assets and at other
44 accounting processes, evaluation must happen in the context of the whole city and what is best
45 for the whole city, what is best for DME, and everyone involved to understand how to implement
46 recommendations.
47
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January 14, 2008
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1 His last point was that the report tends to focus on accounting issues without addressing the
2 relevant management discussions. Using the example of how to record overhead costs, and
3 agreeing with that recommendation, Langley pointed out there were other issues besides just
4 making an entry into the accounting system.
5 Langley next reviewed the sixteen findings and recommendations. Of the sixteen
6 recommendations, Finance staff disagreed with recommendations 3,11 and 12 which are listed
7 below.
8
9 Recommendation 3: Use FERC accounts instead of City accounting structure. Finance
10 responded that FERC is a supplemental form of accounting that is supported by City accounting
11 structure.
12
13 Recommendation 11: Establish accounting procedures to ensure TMPA funds have been
14 booked properly. Finance responded all TMPA revenues have been booked property according
15 to GASB and GAAP guidelines. Board Member Smith asked why Finance disagreed with
16 Covington's Recommendation to establish accounting procedures to ensure TMPA funds have
17 been booked properly and why Covington was not aware of GAAP guidelines. Langley replied
18 that there is a rule (71) that says that "if it is not being presented according to GARB because
19 there is a good reason not to do so, it can be noted in the financials and present it in the
20 alternative method."
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22 Recommendation 12: Credit Contributions in Aid of Construction (CIAO) to capital projects.
23 Finance responded that this recommendation, in their opinion, is clearly contradicted by GAAP.
24
25 Board Member Smith asked if the Board would be updated routinely on the progress in the form
26 of a matrix or verbal presentation. Langley replied an update would be provided on a quarterly
27 basis.
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29 7) Consider approval of a proposal for professional services between Chiang, Patel, and Yerby,
30 Inc. (CP&Y) and the City of Denton Solid Waste Department for CP&Y to provide
31 professional development design, and construction related services to the City of Denton
32 during fiscal year 2008 in an amount not to exceed $90,000.
33
34 Howard Martin, ACM, called on Vance Kemler, Director of Solid Waste, to present. Kemler
3 5 stated this is a routine item and is asking for PUB consideration for approval of engineering
36 services as the Solid Waste department has no engineer on staff. This is a specialized area and
37 this is aone-time request and as TCEQ is becoming more conscious of enforcement actions it is
3 8 important to respond in a timely fashion.
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40 Chair Newell asked that the Board be informed via the use of the ACM report of the services
41 performed.
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43 Board Member Phil Gallivan moved to approve with a second from Board Member
44 Robinson. The motion was approved by a 7-0 vote.
45
46 8) Receive a presentation providing summary information of a citizen's survey completed by
47 the Survey Research Center at the University of North Texas (UNT), on the City of Denton's
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1 Trash and Recycling Collections Programs, September 2007, and the North Central Texas
2 Council of Governments Regional Recycling Rate Benchmarking Study, September 2007.
4 Martin called on Shirlene Sitton, Recycling Manager, to present this item. Sitton provided an
5 overview history of the trash and recycling stating that in 2004 Solid Waste offered a voluntary
6 change over from trash bag pickup to the cart pickup. By February 2006, fifty percent of the
7 City had opted for the cart service.
9 The survey was conducted last summer via phone with the UNT Research Center. The survey
10 measured citizen perceptions regarding several areas of interest: ratings of trash and recycling
11 services, awareness and usage of other services/programs; and communications. Overall,
12 eighty-three percent of Denton residents rated the residential waste services as either good or
13 excellent, and were aware that trash carts were available in different sizes with over half
14 reporting having the 95-gallon size cart. On trash cart sizes, customers were asked if they were
15 aware there were different sizes with eighty-two percent responding they were. Fifty-two
16 percent reported recycling 50% or more of their household waste each week, and forty-one
17 percent reported recycling anywhere from ten to forty-one percent of their waste. Compared to a
18 survey in 2004, participation has increased.
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20 When surveyed concerning carts being left out too long, ninety-six percent responded they stored
21 carts away from the curb, with ninety-one percent saying they collect from the curb the same
22 day. Eighty-four percent did not think it was a problem that carts are being left out too long, and
23 fifty-three percent agreed the City should regulate that carts be stored out of sight from the street.
24
25 Sitton stated that opinions about recycling were varied. Respondents agreed that recycling was
26 an effective way to reduce landfill usage and would also extend the supply of natural resources,
27 but most recycled because they believed it was the right thing to do. When asked if they were
28 aware of other City of Denton trash and recycling programs, awareness varied by program.
29 Usage also varied among the respondents. Fifty-two percent used the yard waste service at least
30 monthly, and additional thirty-six percent used the City's compost and mulch products a few
31 times a year, forty-two percent used the drop-off centers in the last two years, eighteen percent
32 used the curb-side collection service home chemicals and 12.7% used the residential electronic
3 3 equipment drop-off service.
34
35 Residents were also asked if they were aware the City sold compost products and most were with
36 the thirty-five percent having used the product. Seventy-two percent of residents strongly
37 supported the City's right to sell the product with three percent opposed.
38
39 When asked if they had read, seen or heard any messages from the City regarding trash or
40 recycling, half or more had seen or read the inserts inutility bills, fifty-four percent had seen the
41 picture on the lid of the recycling bid refrigerator magnets. Thirty-nine percent indicated that
42 inserts inutility bills were the best way to communicate new programs.
43
44 Sitton next provided information from an RW Beck study conducted by NCTCOG to establish a
45 benchmark for recycling rates. Sitton stated it is the first done of its kind and it is flawed
46 containing apples and oranges information. However, there is still good useful information.
47 Using 2004-05 as a baseline, responses were from sixty-one regional cities with populations over
Draft Minutes -Public Utilities Board Meeting
January 14, 2008
7of7
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seven thousand. The overall results showed that the residential recycling rates in North Central
Texas area is about twelve percent versus eighty-seven percent.
Sitton stated that if any Board Member was interested she would provide a copy of the report.
9) ACM Update:
a) Memo regarding transformer purchase.
10) New Business -This item provides an opportunity for Public Utilities Board members to
suggest items for future agendas or to request information from the Assistant City Manager
or uture meetings.
Chair Newell stated she noticed a high citizen error rate for holiday pickups which may indicate
abetter publicity at Christmas next year on set out rules. Sitton replied a pick up day change
occurred in November moving from Fridays to Mondays.
Chair Newell also asked if there were any plans concerning outdated TV sets next year. Sitton
replied the City has a residential electronic program that is available.
11) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
Texas Government Code, as amended.
There was no continuation of a closed meeting item.
The meeting was adjourned by consensus at 11:10 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of ready mix concrete and Portland cement for various City departments;
providing for the expenditure of funds therefor; and providing an effective date (Bid 3 940-
Annual Contract for Ready Mix Concrete and Portland Cement awarded to the lowest
responsible bidder for each section in the estimated cumulative annual amount of $1,000,000).
BID INFORMATION
This bid is for the annual supply of Portland cement and ready mix concrete 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
Award to the lowest responsible bidder for each section, as listed in Exhibit A of the Ordinance,
in the estimated amount of $1,000,000.
PRINCIPAL PLACE OF BUSINESS
Lattimore Materials TXI Ash Grove Cement
McKinney, TX Dallas, TX Midlothian, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and maybe
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 epartment.
Agenda Information Sheet
February 8, 2008
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-Bid 3940
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE AND PORTLAND CEMENT
FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3940-ANNUAL CONTRACT FOR
READY MIX CONCRETE AND PORTLAND CEMENT AWARDED TO THE LOWEST
RESPONSIBLE BIDDER FOR EACH SECTION IN THE ESTIMATED CUMULATIVE
ANNUAL AMOUNT OF $1,000,000).
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
3940 1, 3 TXI Exhibit A
3940 2 Ash Grove Cement Exhibit A
3 940 4-12 Lattimore Materials Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of
2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
3-ORD-BID 3940
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AN~~- INF~~A'FI~N I~E~~'
A~ND~ SATE: ~'eb~uary 5, ~aaS
DEPAR'~MENT; Leggy ~epar~.nent
CMf~]CMIACM: Jerry E. I~rae, Jr., deputy City Attorney
I~JET: Consider an ordinance of the City Council of the City of Denton, Texas a~uthari~in
the
City Manager to execute a second amendment to contract for professional legal services with
Frgari . Davenport for professanal legal services relatln to lrt~ atron st led '~a ~~ v~ '~ ~
~ ~ ~
~~n~on, ~~ ~., Cause ~o. 4:~~-cv-47~ pendi~ag in e U.. Dist~.ct Court, Eastern district;
her~nan Division; a~thori~in the expenditure of funds therefor; and providing an, effeet~ve date,
A~I~R~~JND: Figari Davenport has been providing outstanding legal services to the City
of Denton an this litigation since ZOO. However, it has became necessary to once again amend
the Contract. far Professional. legal services to retain. Figari davenport as counsel for the Cit
~ i
m this case, as expenditures have exceeded preliminary estimates, The an~endn~ent contains a
new cost lirrlit intended to cover the casts associated with defending against the fro se appeal, as
well as costs tv pursue an order granting reimbursement of all attorney's fees from bath the
attorney representing the Plaintiff and the Plaiintiff, hxn~self.
~I~ YN~`I~RMATII~N: ~'he agreement caps legal fees in this matter t 2~a,a~~, and the
agreement would need to he modified to exceed that figure. Additionally, e City is seeing
rei~bnrsement of all attorney's fees from both the attorney representing the Plaintiff and the
Plaintiff, himself. if such rein~bursen~ent is awarded, it would offset this expenditure to the
extent such reimbursement is awarded and collected.
Respect.rl subn~itte
.~
r~
r ~~
,x
erry a,~..rae, Jr.
u C1ty Attorney
5:1our documeatslm~sc~l~aneaus1081agenda mforn'i8tia~ sheet~figari.doc
ORDINANCE N~.
~ ~RDIl~ANCE OF THE CITY C~U~VC~L ~F THE CYTY DF DENTIN, TEXAS
AUTHDIN~ THE CITY ANACxER T~ EXCIl'TE A SECOND AlV1~ND~NT T~
CONTRACT F~~. PR~FESSI~NAL LEGAL SERVICES KITH FIARI DA~ENP~RT
FOR P~.OFESI~NAL LEGAL SERVICES RELATII~C~ TO LITIC~A.TI~N STYLED ~~ ~;
~11 1 ~1 i ~ ~ Vi 1..11 f ~i ~j ii i1~.~1~~~ 4f~V ~~ ~t 1'. V ~W~~~ ~i1~V it ^ T11 V ~~
DrSTRICT COUNT, EASTERN DISTRICT, SHERIVIAN DIVYS~ON; A~ITHORIZIN THE
EXPENDIT[~RE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTS DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to engage Ftari Davenport to provide professional legal services relating to litigation styled
`~~~ f~on v. ~'~~y of .~~~o~, ~t a~., ~~e No. 4;~-cv-47~ pending ~n the ~.. District ~aurt,
Eastern district, Sherman Dxvisian; and
WHEREAS, City staff has reported to the City Council that there ~ a substantial need far
the herexnabove described professional services, and that limited Cxty staff car~nat adequately
perform the legal services with its own personnel; and
HER.EAS, Chapter X254 of the Texas Cavernment Code, l~riav~m as the `rafessianal
Services Proauren~ent~ Act," generally provides that a city nay not select a provider of
prafessiorial services on the basis of competitive bids, but must select the provider of ,
professional services an the bans of demonstrated competence, kna~vledge, .and quali~catians,
aid far fair and reasonable priced and the C1ty Council hereby finds and concludes that Figari
Davenport is appropr~.ately qualified under the provisions of the l~v to be retained as outside
legal counsel for the City; and
WHEREAS, the City Council has provided in the City budget far the apprap~.atxan of
funds to b used far the procurement of the foregoing professional legal services, as set forth in
the Second Amendment to C~antract for Professional Legal Services; NOS, THERFOI~E,
THE COUNCIL OF THE CITY ~~ DENTOI~ HEREBY ORDAINS:
SECTION l: The recitations in the preamble are true and correct and are incorporated
herewith as part ofthis ordinance.
SECTION 2: The City tanager is hereby authorised to execute a Second Amendment
to Contract far Professional Legal Services with Figari Davenport far professional legal ::
services relating to litigation styled `I~o~ v. Cif of ~e~~~~, e~ al., Cause Na. 4: a~-cv-472
pending in the U., District Court, Eastern District, Sherman Division in substantially the form
of the Second Amendment to Contract for Prafessiana~ Legal Services attached hereto and
incorporated herein by reference.
SET~~N The a~va~rd of this A~reee~t xs an the his of the demonstrated
competence and qua~~~ication of Frarx Davenport and the ~b~~xty of ~iari Davenport to
perform. the prafessiana~i ~ega~ services needed b~ the pity for fair and reasonabie price.
SECTION 4: The expenditure of funds as provided in the attached Second Amendment
to Contract for Profeivnal Legal Services is hereby authorized, ..and the previous expendit~rrs
regarding this litigation axe ratif ed and approved. .
SECT~~N 5: ~ This ordinance shall become effective i~ned~ate~~ upon its passe and
approval.
PASSED ADD APPROVED this the ~ dad of , ~~~.
PERRY R, cNE~LL,IVIAY~~.
ATTEST:
~ENI'ER ALTERS CITY SECRETARY
BY:
APP~~vED AS TO LEA~,~
~~
EDP . S .r ~ ,CITY ATT~RE~
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AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Solid Waste
ACM: Howard Martin, Utilities 349-823
~TIR.TF,CT
Consider adoption of a resolution by the City Council of the City of Denton, Texas requiring that
all special events that are on City real property within the city limits of Denton, Texas shall have
mandatory recycling services; that all special events sponsored by the city or its departments will
have mandatory recycling services for vendors and attendees whether on or off of city real
property in the City of Denton, Texas; that there shall be mandatory recycling services as to all
special events that are conducted on city-owned real property in the City of Denton, Texas;
providing for an effective date. The Committee on the Environment recommends approval 3-
0)
BACKGROUND
Special events are an important part of quality of life, tourism, and identity for the City of
Denton. The city is also committed to environmental quality. By establishing mandatory special
event recycling on city property and by events that are co-sponsored by the City or its
Departments, the city can improve waste diversion rates and provide its citizens and visitors with
a "clean and green" experience.
City Council's Committee on the Environment has directed staff to study and implement
recycling improvements within the facilities that normally host special events, as well as
directing the Solid Waste Department Recycling Division to offer special event recycling
services to those events that are not covered by the City's waste and recycling collection
infrastructure. All City buildings have internal recycling programs that cover day-to-day
activities of their workers. This also includes most Parks and Recreation Department's public
facilities, such as all Recreation Centers, the Civic Center, and the athletic fields at Evers Park.
The Parks Department is working to expand the infrastructure of trash and recycling collection at
remaining athletic facilities, and in Quakertown Park. The level of service that is or will be
offered permanently will also cover most special events that happen on City property. For very
large special events that may require extra solid waste and recycling services, or any that maybe
held on City property but not in a Park's facility, or any special event held on private property
throughout the City, the Recycling Division offers special event recycling services. These
services can be adapted to any size event, and include collapsible, portable recycling receptacles,
bags for receptacles, and a special promotional dumpster if needed.
OPTTnN~
A mandatory special event recycling resolution has been submitted by staff. Council may pass
the resolution as written. Alternatively, Council may suggest changes that reflect their intent in
regards to special event recycling requirements. Council may also decide that the existing
recycling infrastructure is sufficient to meet the needs of the community, and that a resolution is
not needed.
RECOMMENDATION
Staff recommends passage of the resolution as written.
Determining what level of contribution a city employee, department, or the City itself constitutes
City sponsorship has been difficult without impacting different size events disproportionately.
To minimize negative impacts on both small events and city departments' ability to utilize alow-
cost market/information outlet, the wording in the present resolution requires events that list the
City or its Departments as a sponsor, or use the City logo or department markers in their
promotional materials, to recycle at the event. Staff feels this is a strong way the City can send
its environmental message, without having to put a financial stipulation on the level of
"sponsorship."
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Council's Committee on the Environment first received a presentation on special event
recycling on November 6, 2006. The Committee unanimously agreed to recommend to the City
Council that mandatory recycling at all city-sponsored events and all events conducted on city
property be implemented. The committee also supported staff recommendation and directed staff
to increase recycling at ball fields as a part of ongoing operations.
There have been other discussions regarding the city's handling of special events that included
the issue of special event recycling. The Council heard a report regarding special events at their
Retreat in September 2007, and at their mini-retreat in January 2008.
FISCAL INFORMATION
Many Special Events will be covered by the facilities existing infrastructure, and there will be no
fiscal impact upon those events.
For those special events that wish or need to contract with the City of Denton Recycling Division
for recycling services, the following rates are published in the FY 2008 rate ordinance:
The Recycling Division is also developing a pilot program for lending the portable containers to
event organizers, where the organizer is responsible for picking them up and delivering them
back to the HCC facility. This will allow small events of all kinds to offer recycling to their
attendees.
F,XHTRTT~
1. Mandatory Special Event Recycling Resolution
2. Committee on the Environment Minutes -November 6, 2006
Respectfully submitted:
~. ~~
Vance Kemler
General Manager, Solid Waste Services
Prepared by:
`fie
Shirlene Sitton
Recycling Manager
EXHIBIT 1
RESOLUTION N0. R2008-
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
REQUIRING THAT ALL SPECIAL EVENTS THAT ARE ON CITY REAL PROPERTY
WITHIN THE CITY LIMITS OF DENTON, TEXAS SHALL HAVE MANDATORY
RECYCLING SERVICES; THAT ALL SPECIAL EVENTS SPONSORED BY THE CITY OR
ITS DEPARTMENTS WILL HAVE MANDATORY RECYCLING SERVICES FOR
VENDORS AND ATTENDEES WHETHER ON OR OFF OF CITY REAL PROPERTY IN
THE CITY OF DENTON, TEXAS; THAT THERE SHALL BE MANDATORY RECYCLING
SERVICES AS TO ALL SPECIAL EVENTS THAT ARE CONDUCTED ON CITY-OWNED
REAL PROPERTY IN THE CITY OF DENTON, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city of Denton, Texas, a municipal corporation, is committed to
environmental concerns and environmental programs that reflect a serious municipal
involvement and awareness on issues that affect the environment; and which environmental
programs have a positive effect and impact on the City of Denton; and
WHEREAS, the State of Texas has recognized the need for governmental recycling by
enacting Texas Health & Safety Code, Section 361.425; and
WHEREAS, the City of Denton, Texas has encouraged voluntary city-wide recycling
activity for the past several years; and the City Council is of the opinion that it should further
actively promote and require recycling, for the good of the overall community environment and
as a good example of community stewardship to the environment; and
WHEREAS, in furtherance of this policy, the Committee on the Environment of the City
Council and the City Council have considered and discussed requiring mandatory recycling at all
special events that are sponsored by Denton City Departments, and all special events that are
conducted on City of Denton owned real property irrespective of the sponsor; and
WHEREAS, the city staff is also committed to expanding recycling education efforts to
encourage that special events not held on city-owned property can also offer recycling services;
and
WHEREAS, the City Council requires that from and after the effective date of this
Resolution, that any person or entity seeking to schedule a special event on City of Denton real
property shall, in conjunction with its authorization to conduct the special event, at the same
time, contact the city's Solid Waste Department, Recycling Division and arrange for such
recycling services that are necessary and appropriate for the scheduled special event; and
WHEREAS, the City Council requires that from and after the effective date of this
Resolution, that for special events held and those not held on city real property, in which the City
of Denton and/or a city department is listed as a sponsor of the event, and/or displays the city's
logo or any department marker, it shall be the responsibility of the event's coordinator to arrange
for such recycling services as are necessary and appropriate for the scheduled event, from the
city's Solid Waste Department, Recycling Division; and
WHEREAS, the City Council requires that from and after the effective date of this
Resolution, that for special events, held by any entity on city real properties, where the city is not
a sponsor it shall be the responsibility of the event's coordinator to arrange for such recycling
services if necessary and appropriate for the scheduled special event, from the city's Solid Waste
Department, Recycling Division; and
WHEREAS, this Resolution is appropriate and in the public interest of the residents of
the City of Denton; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The recitations contained in the above Preamble are hereby incorporated
by reference as a part of this Resolution.
SECTION 2. The City Council of the City of Denton, Texas hereby authorizes the
adoption of mandatory recycling regarding all special events sponsored by the City of Denton,
Texas, to be effective upon the effective date of this Resolution.
SECTION 3. The City Council of the City of Denton, Texas hereby authorizes the
adoption of mandatory recycling regarding all special events that are conducted by other entities
or organizations or persons, on the real property owned by the City of Denton, Texas, to be
effective upon the effective date of this Resolution.
SECTION 4. The city staff shall be committed to expanding recycling education efforts
to encourage that special events not held in city buildings and/or city owned real property can
also offer recycling services.
SECTION 5. The City Council may, from time-to-time consider changes to this policy
as will be reflected by their future action.
SECTION 6. This resolution shall become effective for all special events which occur
on or after July 1, 2008.
PASSED AND APPROVED on this the day of , 2008.
PERRY R. McNEILL, MAYOR
ATTESTED BY:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~
B,-:
EXHIBIT 2
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MINUTES
CITY COUNCIL COMMITTEE ON THE ENVIRONMENT
November 6, 2006
After determining that a quorum of the Committee on the Environment of the Denton City
Council was present, the Chair of the Committee on the Environment convened into an Open
Meeting on Monday, November 6, 2006 at 11:32 a.m. in the Council Work Session Room, 215
East McKinney Street, Denton, Texas.
Present: Chair Joe Mulroy, Mayor Pro-Tem Pete Kamp and Council Member Jack
Thomson
Ex Officio Members:
George Campbell, City Manager
Howard Martin, Assistant City Manager Utilities
Also Present: Jim Coulter, Director of Water Wastewater Utilities
Tim Fisher, Assistant Director of Water Utilities
Kenny Banks, Manager, Division of Environmental Quality
Katherine Barnett, Utilities Special Project Coordinator
Dave Wachal, Water Utilities Coordinator
Emerson Vorel, Assistant Director of Parks & Recreation
Shirlene Sitton, Recycling Manager
Ann Forsythe, Boards and Committees Coordinator
1) Consider approval of Committee on the Environment Meeting minutes of:
a. August 7, 2006
The minutes were approved as circulated.
2) Receive a report, hold a discussion and give staff direction pertaining to impact fee or
drainage fee reductions for rainwater harvesting systems.
Dave Wachal, Water Utilities Coordinator, provided an overview of a typical rainwater
harvesting system. Wachal explained that a rainwater harvesting system collects rainfall from
roofs of buildings and homes, and usually consists of gutters and downspouts that flow into a
storage tank. The captured rainfall is subsequently used for landscape irrigation. The amount
of rainfall collected depends on capture area, the size of the storage tank, and the amount of
precipitation. In aril regions, or areas that experience extended dry periods, water demand often
exceeds the available yield of a rainwater harvesting system.
Using calculations generated from the Texas Manual on Rainwater Harvesting, Wachal provided
a model based on an 1800 square foot house with a landscape area of 2000 square feet, planted
with Bermuda grass. Using the example of 90% runoff capture and a 2500-gallon storage tank,
Wachal pointed out that irrigation needs would exceed rainfall harvester yields during summer
months and / or extended dry periods. When demand exceeds yield, the household would be
dependent upon City water to meet irrigation needs. For this area of North Texas, an irrigated
1 Minutes -Committee on the Environment
2 November 6, 2006
3 Page 2 of 4
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6 area that exceeds the capture area of the rainwater harvester will need to be supplemented during
7 the drier times of the year.
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9 From an economic standpoint, Wachal also pointed out that a 2500 gallon storage tank, at a cost
10 of $2,500-$3,000, would take 38-45 years to produce a return on investment, provided there were
11 no maintenance/replacement costs during that time.
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13 The second issue presented by Wachal pertained to the equity of water impact fees. Water
14 impact fees are formulated to accommodate peak water demands. During normal weather
15 patterns, rainwater harvesting systems in this area will likely require supplemental water supply
16 from July through September. During droughts, supplemental water supply needs would likely
17 be even more extensive. Municipal water systems are sized to accommodate a peak demand,
18 which creates an inequity issue since RWH systems do not provide any relief on water demands
19 during critical peaking periods. An additional concern would be public health issues from
20 systems that were improperly installed or inadequately maintained.
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22 Staff was also asked to consider a reduction in the drainage fee due to a portion of runoff being
23 diverted into a rainwater harvesting system. Rainwater harvesting systems are typically rooftop
24 systems that do not capture all runoff from the property. During certain times of the year or
25 during exceptionally large storms, a rainwater harvesting tank would likely be full and would not
26 capture all of the precipitation on the site. These situations would create discharges that would
27 need to be conveyed by a drainage system. A similar analogy would be a commercial property
28 that constructed a detention or retention pond. While most of the runoff of such a site would be
29 contained most of the time, there would be rainfall events that would provide runoff volume that
30 would exceed the capacity of the pond and overflow into the drainage system. Properties with
31 detention/retentionpnnds are charged a drainage fee and are not discounted for onsite
3 2 detention/retention.
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34 Staff's opinion was that rainwater harvesting systems do not warrant an incentive/rebate program
3 5 that consists of either reduction of impact fees or drainage fees.
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37 Council Member Thomson expressed his belief that water would become an increasingly scarce
3 8 resource, that the price of water would continue to go up, and citizens should be encouraged to
39 conserve and recycle. He thought that it was important to be working on it now, not in five or
40 ten years.
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42 Martin stated that the Public Utilities Board supported staff's recommendation. The Board was
43 more focused on preserving water impact fee credit and drainage fees, and how this program
44 could potentially impact those two areas. The Board left the door open for incentives or rebate.
45 Martin also stated that the PUB consistently had discussions that the Development Plan's
46 landscaping requirements are in conflict with the water conservation plan and program and
47 thought that the Council should review those requirements.
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Minutes -Committee on the Environment
November 6, 2006
Page 3 of 4
Chair Mulroy stated that the difficulty was to encourage innovation while at the same time
maintaining water impact fees, which are mandated by the legislature. Since RWH does not
offer relief for peak demands, it would not be defensible to breach the impact fee rate structure.
Kamp thought that it would be appropriate to look at this again from a rebate point of view.
Chair Mulroy suggested that when we revisit our green building program we look at various
scenarios that could be brought forward and how to encourage builders and developers to move
in those directions.
Action Item:
Kamp requested minutes from the October 9, 2006 PUB meeting.
3) Receive a report, hold a discussion and give staff direction regarding recycling at special
events in city facilities and/or City-sponsored special events.
Shirlene Sitton, Recycling Manager, gave a presentation concerning recycling at municipal
events, pointing out that there were different events to consider. There are events operated
strictly by the city on city property, and there are events are co-sponsored by the City and can
occur either on City property (Jazz Fest) or on other areas such as the Courthouse Square
(Holiday Lighting). Some of those events routinely offer recycling, but most do not.
The Recycling Division, with the assistance from the Parks and Recreation Department staff,
worked to identify ways in which recycling could be offered at both regularly scheduled and
special events. Staff s also conducted research through a pilot program at Evers Parks and found
that a maj ority of waste generated at athletic complexes could be recycled. Staff recommends
mandatory recycling at all events held on City property and expanding ball field recycling
programs.
The Committee unanimously agreed to recommend to the City Council that mandatory
recycling at all city-sponsored events and all events conducted on city property be
implemented. The committee also supported staff recommendation and directed staff to
increase recycling at ball fields as a part of ongoing operations.
Action Item:
The Committee directed staff to develop an education plan to encourage recycling for private
special events in non-city facilities and bring back as an ACM Update at the next COE meeting
(Ex: flyer to place in special events packet and at rental facilities, or other venues around town).
4) ACM Report:
a. Update on the Overlook at Lake Ray Roberts
Action Item:
Staff was directed to draft a letter from the Mayor and City Council to the Corps of Engineers in
favor of the proposal for a third party vendor to manage the area.
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Minutes -Committee on the Environment
November 6, 2006
Page 4 of 4
b. Recap of the 2006 Mosquito monitoring program.
c. Update on activities at the Clear Creek Natural Heritage Center.
Katherine Barnett stated that the topography work had come in and site planning will begin
this week.
d. Update on September 23, 2006 Stream Clean program
e. Update on S-K permit
f. Gas well information requests
Chair Mulroy asked about the length of time Operators were required to carry insurance once
a well has is capped.
Banks indicated he did not know the exact length of time, but that the Operators, when a well
is within the city limits must file that well with the Fire Marshall.
Action Item:
Staff was directed to:
1. Prepare an amendment to gas well ordinance to incorporate verification of gathering line
location; place it on the City Council agenda.
2. Find out the length of time for insurance coverage on active and closed wells.
g. Matrix
Future Items:
1. Look at Green Building alternatives.
2. Consider scenarios where incentives/relief could be considered to encourage energy
programs such as solar energy at the Hills of Denton Sustainable Development.
3. Bring the Infill Policy back to the Committee along with the PUB's position.
The meeting was adj ourned by consensus at 12:20 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider adoption of a resolution allowing Denton Rotary Club to be the sole participant allowed
to sell alcoholic beverages at the Rotary Club Mardi-Gras on February 9, 2008, upon certain
conditions; authorizing the City Manager or his designee to execute an agreement in conformity
with this resolution; and providing for an effective date. The Parks, Recreation and
Beautification Board recommends approval by a telephone vote of 5-0.
BACKGROUND
The Denton Rotary Club is hosting their second Mardi-Gras party at the Civic Center on
February 9, 2008, from 6:30 p.m. -10:30 p.m. The event will be open to the public. 300-400
people are expected to be in attendance atone time during the evening.
The Denton Rotary Club will obtain all necessary licensing from the TABC. In addition, they
will be providing fully trained and certified servers for the event.
The Denton Rotary Club will provide liability insurance, with the City of Denton as co-insured.
RECOMMENDATION
Staff recommends approval of the resolution and agreement as submitted, which is consistent
with agreements with other events, such as the Denton Arts & Jazz Festival.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Parks, Recreation and Beautification Board recommends approval by a telephone vote of
5-0.
FISCAL INFORMATION
There is no fiscal impact to the City.
Agenda Information Sheet
February 5, 2008
Page 2
FXHTBIT~
1. Letter of Request from Denton Rotary Club
2. Resolution
3. Civic Center Agreement
Respectfully submitted:
i~~~
Emerson Vorel
Director of Parks and Recreation
Prepared By:
- a
Janie McLeod
Community Events Coordinator
January 3 ~, coos
Janie McLeod
City of Denton
b01 L. Hickory, quite B
Denton, T~ 7620
Re: Denton Rotary Mardi Crras
Dear Janie:
Dn behalf of the Denton Rotary Club, I would like to request approval from the City of
Denton parks, Recreation and Beautifi~a~ion Board and City Council to sell beer and
wine at the upcomuag Mardi C~as Celebration. The event is to be held at the Denton
Civic Center on February ~~, between t~ hours of 6:30-10:30 pM.
The event will be open to the public and we expect 300-40o people to be in a~endance at
onetime or another that evening.
Denton Rotary Club will ob#aua all necessary licensing from the TABC. In addition,
there will be fully trained and cer~fied servers for the event.
Denton Rotary Club will provide liability insurance with the City ofDenton as co-
insured. If there is a specific dour amount that the City needs, based upon the above
information, please let me know.
Thank you for ,your help in making this a fun and safe fundraiser for the Rotary Club.
SiaerelY>
~ ~~~~
Tom Lapoint
Denton Rotary Club Mardi Crras Celebration
s:lvur doc~tncntslresolutians1481rotary club mardi Bras alco~vi sell.~vc
RESOLUTION NO.
A RESOLUTION ALLOWING DENTON ROTARY CLUB TO BE THE SALE
PART~CXPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY
CLUB MARDI-GRAS CELEBRATION ON FEBRUARY , ~aa8, UPON CERTAIN
CONDITIONS; AUTHORISING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTI'~E DATE.
WHEREAS, c City of Dentan ~"City"} is the owner of the Civic Center and through the
Park and Recreatiar~s Department co-sponsors the Ratan Club Mardi-Gras Celebration at the
Civic Center; and
WHEREAS, the cansurnption of alcoholic beverages is allowed in the Civic Center
pursuant to City of Dentan Cade, ~2~-3~ ~b~; and
WHEREAS, the C1ty Counc~I fends that It 1s 1n the publlc lllterest to select only one
vendor of a.lcohalic beverages t the Rotary Club Mardi-Gras Celebration; and
WHEREAS, Tam LaPoint doing business as Dentan Rotary Club called "Club"~, has
requested that they be the sole participant allav~ed to sell alcoholic beverages at this year's
Rotary Club ardi~Gras Celebration on February 9, 2DOS; and
WHEREAS, the Parks, Recreatian, and Beautification Board has recon~nended that Club
be the sale participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras
Celebration; and
WHEREAS, the City agrees with the recamrnendatian of the Parks, Recreatian, and
BeautificatianBoord; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVE;
SECTION 1. Club shall be the sale participant allayed to sell alcoholic beverages at the
Rotary Club Mardi-Gras Celebration on February ~, Za08 at the Civic Center upon the following
conditions:
1, They shall be responsible to obtain the temporary license and
permit far selling alcoholic beverages approved by appropriate
state agency;
~. They shall provide the security necessary for the sale of alcoholic
beverages;
3. They shall provide general comprehensive liability insurance from
respansthle carrier, with the City as an add~t~onal insured, in the
amount of $S~a,a~~.~a~
4. They agree to ~ndemnlfy the C1ty of Dentan against any llab~llty
incident to the selling of alcoholic beverages at the Rotary Club
Mardi-Gras Celebration.
~:1Qur I~ncuments~Resolu~ions10811~otary Club 1~~'~i Cnas a~co~ol sell.dac
~TI~N , The qty 1V~anaer or his designee is authorized to execute ag~een~e>~t 1_n
cofor~ni 1th thl~ Res~~utlon, which sha~~ ~~ substantially in the form of the agreement
attached hereto and made a part hereof by reference,
~T~~N 3, This resolution shall become effective in~nediately upon its passage and
approval.
SASSED AND A.~PR~vED s the day of _ _ ~ ~O~S.
PARRY R.1VIeN~~LL, AYD~
ATTEST:
J~NNIP~R ALTS, ~~T~ SRTARY
~Y~
A~F~V~D AS T~ LEGAL P~RlI~:
EI)lN M. SNYD~R, CITY ATT~~NEY~
Y: i
Page 2 ofd
c.ldocume~lljtmclaodllocal~llt~mplxpgrpwiselrotary club mardi Bras cclGbration agre~mtmt,doc
QUAI~RTOWN PARK AGREEMENT FOR
THE ROTARY CLUB MARDI-GRAS CELEBRATION
STATE OF TEXAS §
COUNTY OF DENTON §
This Agreement, made this ~ day of , ~OUB, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Tom LaPoint
doing business as DENTGN RGTARY CLUB.
~VITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to DENTGN RGTARY CLUB the exclusive privilege to sell alcoholic
beverages, subject to the exceptions and conditions hereinafter set forth, for the RGTARY
CLUB MARDI-GRAS celebration on February 9, Zo48 to be held at the Quakertown Park.
Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council
of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the
RGTARY CLUB MARDI~GRAS celebration set for the year 2048.
ARTICLE 2
SCGPE IMF SERVICES
DENTON RGTARY CLUB in order to exercise the privilege to sell alcoholic beverages
must perform the following;
A. DENTGN RGTARY CLUB shall be solely responsible for the rental. and payment for
any booth space necessary for the sale of alcoholic beverages at the RGTARY CLUB
MARDI-GRAS Celebration.
B. DENTGN RGTARY CLUB shall be solely responsible to obtain any temporary license
and permit necessary for the selling of alcoholic beverages at the RGTARY CLUB
MARDI-GRAS Celebration.
C. DENTGN RGTARY CLUB shall be solely :responsible for the obtaining and paying for
any security necessary for their sale of alcoholic beverages at the RGTARY CLUB
MARDI-GRAS Celebration.
DENTON RGTARY CLUB's failure t4 do any of the above and to show proper proof of
compliance shall waive their right to exercise the privilege of selling alcoholic beverages
at the RGTARY CLUB MARDI-GRAS Celebration.
ARTICLE 3
LOCAL RULES AND REGULATION
DENTON ROTARY CLUB agrees to abide by all municipal, county, state and federal
Taws, ordinances, rules and regulations and specifically, without limitation, the t~uakertown Park
Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations,
and to comply with the requirements of any duly authorized person acting in connection
therewith. DENTDN ROTARY CLUB shall pay all taxes, if any, of every nature and description
arising out of or in any manner connected with the sale of alcoholic beverages,
DENTON ROTARY CLUB will exercise reasonable care and due diligence in their sale
of alcoholic beverages at the ROTARY CLUB IIdARDi-GRAS Celebration.
ARTICLE 4
INDEMNITY AGREEMENT
DENTON ROTARY CLUB shall indemnify and save and hold harmless the CITY and
its o~i.cers, agents, and employees from and against any and all liability, claims, demands,
losses, and expenses, including but not limited to, court costs and reasonable attorney fees
incurred. by the CITY, and including, without limitation, damages for bodily and personal injury,
death and property damage, resulting from the negligent acts or omissions of DENTON
ROTARY CLUB or its ofEcers, shareholders, agents, or employees in the execution, operation,
or performance of this Agreement,
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, Including the defense of governmental imrnunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, DENTON ROTARY CLUB shall maintain
the fallowing insurance with an insurance company licensed to do business in the State of Texas
by the State insurance Commission or any successor agency that has a rating with Best Rate
Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$5~~,400 for each occurrence and not less than $SO~,QQD in the ate, and with
. ~g
property damage luruts of not less that $140,(14Q for each occurrence and not less than
$ l ~~,UUO in the aggregate.
B. DENTON ROTARY CLUB shall furnish insurance certificates or insurance licies at
. . , po
the CITY S request to evidence such coverages. The insurance poltc~es shall name the
CITY as an additional insured on all such policies, and shall contain a provision that such
2
insurance shall not be canceled or modified without written notice to the CITY and
DENTDN ROTARY CLUB. In such event, DENTDN ROTARY CLUB shall, prior to
the effective date of the change or cancellafiion, serve substitute policies flu~nishing the
same coverage.
ARTICLE ~
N(ITICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered yr mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three ~3}days' mailing:
To DENTDN R(JTARY CLUB ;
DENTDN ROTARY CLUB
Tom LaPoint
1904 Highland Point Circle
Denton, Texas 76210
X944} 369-7776
To CITY;
CITY aF DENT(~N:
City Manager
215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, ar within three ~3 }days' mailing.
ARTICLE 7
ENTrRE AGREEMENT
This Agreement, consisting of five ~5} pages and one ~ 1 }exhibit, constitutes the complete
and final expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous o#fers,
promises, representations, negotiations, discussions, communications, and agreements which
may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
3
ARTICLE ~
DISCRIMINATION PROHIBITED
In performing the services required hereunder, DENTDN Rt~TARY CLUB shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age, or physical handicap.
ARTICLE 1~
PERSONNEL
A. DENTDN ROTARY CLUB represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
CITY.
ARTICLE 11
ASSIGNABILITY
DENTC}N ROTARY CLUB shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement whether by assignment, novation, or otherwise} without
the prior written consent of the CITY.
ARTICLE 1Z
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parries hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein,
ARTICLE 13
MISCELLANEOUS
A. The fallowing exhibits are attached to and made a part of this Agreement:
Exhibit "A" Resolution No. .
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
C. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
HEREQF the ~' ~ ~f I~ato~n, Texas ~ caul ~iis A~e~ ~ be
Il~ ~V~.TNESS ~ ~Y .
t~-ori~ed C~ Maya DENTQN RQTARY CLUB bas executed thus
exea~ed by its duly au ~ ~
' unc~rsi o~ce~ on this the day of
A eat t~nugb its duay ~
2405.
CxTY CAF I~ENTQN, TEAS
GEQRG~ C, CAMPBELL! C~"Y MANAGER
ATTEST:
JENNIFER'V~ALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN SNYDER, CITY ATTORNEY
BY:
DENTON ROTARY CLUB
~~ ~ c
BY:
TUM LaPOINT
~I'iNFSS:
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Economic Development Department
CM: Geor e C. Cam bell, Cit Mana er
g p y g
~TIR.TF,CT
HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE OF THE
CITY OF DENTON, TEXAS ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS
ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT,
CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), DESIGNATING A LIAISON FOR
COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING ALDI (TEXAS)
L.L.C. TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND
TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN
ENTERPRISE ZONE PROJECT (PROJECT); ESTABLISHING THE BOUNDARIES OF
SAID ZONE AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Texas Enterprise Zone Program is a State of Texas economic development tool to promote
job creation and capital investment in economically distressed areas of the state.
Successful applicants are eligible to apply for state sales and use tax refunds on qualified
expenditures. The program provides state reimbursement category levels related to the level of
capital investment and number of jobs created and/or retained for economically disadvantaged
individuals during the designation period. Key aspects of the Texas Enterprise Zone Program
are:
• The local city or county must nominate the qualified company as an enterprise project
and must offer one or more forms of local tax incentive to the company.
• Projects may be physically located in or outside of an Enterprise Zone. The location
determines the percent of new employees that must meet economically disadvantaged or
Enterprise Zone residence requirements.
• The enterprise project must be nominated for a designation period of not less than one
year and up to five years, non-inclusive of a 90-day window prior to the application
deadline. Employment and capital investment commitments must be incurred and met
within this timeframe.
• Denton is eligible for up to four enterprise projects plus two additional bonus enterprise
projects per State biennium.
• The local community must conduct a public hearing and approve an Enterprise Zone
nominating ordinance prior to submitting the application to the State.
• The State accepts applications on a quarterly basis. March 3, 2008 is the next application
deadline date.
• Applications are scored on criteria that reflect the distress of the area, state priority, and
local and private effort. The State may designate up to 105 enterprise zone projects each
biennium.
-1-
Benefit to Aldi (Texas) L.L.C.:
The property included within the boundaries of the proposed Aldi (Texas) L.L.C. Enterprise
Zone represents the company's 120 acre distribution center site on Westcourt Road and Spring
Side Road. If approved in the State's March 2008 application cycle, the project will receive
enterprise zone designation from March 3, 2008 to March 3, 2013. Aldi (Texas) L.L.C. has a
projected capital investment of $57M at the distribution center site during this time frame. At
this investment level, the company would receive state sales and use tax refunds of $2,500 per
allocated job up to 500 jobs and a maximum refund of $1.25M dollars. The company's current
plan to create 100 new full-time jobs represents a potential state refund to Aldi (Texas) L.L.C. of
$250,000.
Participation costs:
Aldi (Texas) L.L.C. has offered to pay the $750 application fee corresponding to their project
investment level. Costs to the City include the posting of the public hearing notice in the local
newspaper and staff time per the City's nominating role in the application process.
This request represents an opportunity for the City to assist Aldi (Texas) L.L.C. in receiving a
significant state tax refund and further demonstrate the city's support of the company's
investment in our community.
ESTIMATED SCHEDULE OF PROJECT
If the ordinance is approved, the completed Enterprise Zone application and fee must be sent to
the State for receipt no earlier than February 26th and no later than March 3, 2008.
PRIOR ACTION/REVIEW
The Economic Development Partnership Board recommends approval (7-0).
FISCAL INFORMATION
Establishing an enterprise zone has no fiscal impact.
EXHIBITS
Enterprise Zone Overview
Enterprise Zone FAQs
Ordinance
Exhibit A Site Description
Exhibit B Site Map
Respectfully submitted:
,~ ~ ,,
•n
( ti r}-r/
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Linda Ratliff, Director
Economic Development Department
~~~
Michelle Cunningham
Business Development Officer
Economic Development Department
-2-
Texas Governor Rick Perry -Enterprise Zone Program
Enterprise Zone Program
Page 1 of 3
Program Objective
The Texas Enterp rise Zone Program is an economic development tool for local communities to partner
with the State of Texas to promote job creation and capital investment in economically distressed areas
of the state.
Participation
Local communities must nominate a com n~ as an Enterprise Project to be eligible to participate in the
Enterprise lone Program. Legislation imps allocations to the state and local communities per
biennium. The state accepts applications quarterly with deadlines on the first working day of March,
June, September and December.
Benefits to Participation
Designated projects are eligible to apply for state sales and use tax refunds on qualified expenditures.
The level and amount of refund is related to the capital investment and jobs created at the qualified
business site.
Level of Capital Maximum number of Maximum potential Maximum refund per job
Investment 'obs allocated refund allocated
$40,000 to $399,999 ~ 10 $25,000 $2,500
..._~.m~w,..M...M..~~~ ,, .. , , n.~.~,w ~..M.~.~. w,.. , ....
$400,000 to $999,999
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.a .
,.,.. ...~.f .. ~.r . r .. , ,,w .., ... .., .. . ~
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....... .....,..,,~ .......... . ........~„~.
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. ,.,.,,..,,.....~~M.~ ..,...,..... , ,.,, ,,., .........
Double ]umbo Project
~
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$150,000,000 to 500 ~ $2,500,000 $5,000
$249,999,999
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$7,500
250 000 000 or more
$
~
,
,
In addition, local communities must offer incentives to participants under the enterprise zone program,
such as tax abatement, tax increment financing and one-stop permitting.
Participation Requirements
• Communities may nominate projects, for a designation period of not less than one year
up to eve years, non-inclusive of a 9o-day window prior to the application deadline.
Employment and capital investment commitments must be incurred and met within this
timeframe.
. Projects may be physically located in or outside of an Enterprise Zone.
o If located within a zone, the company commits that at least 25°/0 of their new
employees will meet economically disadvantaged or enterprise zone residence
requirements.
o If located outside of a zone, the company commits that at least 35% of their new
employees will meet economically disadvantaged or enterprise zone residency
http:llwww,governor.state.tx.usldivisionslecodevled banklindex htmllenterprise zone 11/19/2007
Texas Governor Rick Perry -Enterprise Zone Program
Page2of3
requirements.
• Under limited statutory provisions, an enterprise project designation may be granted for
job retention.
Enterprise Project Designation Dates 2008/2009 Biennium
Enterprise Project Designation Dates 2oio/2oi1 Biennium
uarterl Deadline 90-Da Window
09/01/09
,,,.,,,... M..~, ....,. ..., .., . .. ~ 04/23/09
12/01/09
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.
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The state is allowed to designated io5 projects during a biennium.
Program Resources
General Program:
Enterprise Zone Program Rules, to TAC i~6
Fre n Ask estions [i2~KB MSWord]
erview [85KB MSWord]
HLT~D mSect~t'on 8 Income Limits by Testae Counties
Chapter 3~1: Texas Tax Increment Financing Act
Chapter g~2: Prouerty Redevelopment and Tax A
Chapter gib: Tea~as Economic Development Act
T
Texas Enterprise Zones:
What is my Block Group?
Texas Block Group Enterprise Zones [96~KB MSExcel]
2007 Distressed Counties [i9KB PDF]
2006 Distressed Counties [66KB PDF]
2005 Distressed Counties [i4KB PDF]
Enterprise Zones A~urnved Prior to September i, 200 [~iKB PDF]
Applications and Sample Documents:
Enterurise Project Auulication [iMB MSWord]
iration Date
t
http:/lwww.governor.state.tx.usldivisionslecodevled banklindex htmllenterprise zone 11/19/2007
Texas Governor Rick Peny -Enterprise Zone Program
Page3of3
This version of the application must be used beginning with the December g, 200 enterprise project
deadline.
Additional Participating Entities Form [~o9KB MSWord]
Participating Consultant Form [2o8KB MSWord]
Sample Nominating Ordinance or Order L49~ MSWord]
Sample Nominating Resolution L37KB MSWord]
Sample Corporate Resolution [29KB MSWord]
Request for Verification of Deposit Form L33~ MSWord]
Enterprise Project Assignment Application Form [58~KB MSWord]
Enterurise Protect Name Chance Aunlication Form L586KB MSWord]
Benefit Documents:
Please contact the Comptroller of Public Accounts: (,5i2) 3o5-9902
Contact Information
For addi~onal information on the Texas Enterprise Zone Program, call X512) q36-o100.
[~] i -u to et Texas Ente rise Zone b e-mail
http:llwww.governor.state.tx.usldivisionslecodevled banklindex htmllenterprise zone 111191200?
~~'~ E ~~
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o~~~ICE o~~ Ar~~ GovERNOR
ECONOMIC ~I?~'ELOPMEN'C & TOURISM
RICK PERRY
G4VERNQR
TEXAS ENTERPRLSE ZONE PROGRAM
FREQUENTLY ASKED QUESTIONS
What is an enterprise gone?
Any block group within the State of Texas that has a poverty rate of 20°/0 or more, as determined by the U.S.
Census Bureau, during each decennial census is a state enterprise zone. The block group will remain an
enterprise zone until it no longer qualifies, as a result of a subsequent decennial census.
Any distressed county in Texas is an enterprise zone. A county is considered to be a distressed county if it has a
poverty rate above X5.4 percent based on the most recent decennial census; in which at least 25.4 percent of the
adult population does not hold a high sd~ool di~oma or high school equivalency certificate based on the most
recent decennial census; and that has an unemployment rate that has remained above 4.9 percent during the
preceding five years, based on Texas Workforce Commission data.
Any federally designated empowerment zone, enterprise community or renewal community is ado a State
enterprise zone, far the duration of the federal designation.
It is the purpose of the Texas Enterprise Zone Act to establish a process that dearly identifies distressed areas
and provides incentives by both Iocai and state government to induce private investment in those areas by the
provision of tax incentives and economic deve~pment program benefits. Under this program, economic
development is encouraged by allowing enterprise projects to be designated outside of an enterprise zone, with a
higher threshold of hiring economically disadvantaged or enterprise zone residents. The purpose of these
sections is to provide standards of eligibility and procedures for designation of applications for qualified
b~inesses as enterprise projects.
Who may partiapate in the program?
Any munidpality or county in the State of Texas may partidpate in the program, whether they have an enterprise
zone within their jurisdiction or not.
How do I determine in what block group I am located?
You can access the U.S. Census Bureau web site to determine what block group a particuiar address is in. The
web address is htt : fa in er.cens . ov rule ReferenceMa Frameset rviet? m= -Ian =en.
Wing Cltt~ ox ~a:aM~n"
P.Q. SOX 12428 ~ AUSTIN, TX 78711 ~ 512-4G3-200 ~ DIAL 7-1-1 FoR RELAY SERVICES
WWW.GOVERNGR.STATE.Tx.US
How do i determine if my block group qualifies as an enterprise zone?
The Governor's Office, through the Economic Development Bank MBank}, has published on its website the areas
that qualify as an enterprise zone as either a qualifying block group or a distressed county. The website can be
acvessed at h ~ www rnar. i i i n n . If your block group is
riot listed, it does not qualify as an enterprise zone.
How does a muniapality or county parrVapate in the program?
The muniapality or county must nominate a qualified business as an enterprise project by an ordinance or order
as applicable. The ordinance or order must establish the local incentives being offered to the business seeking
enterprise project designation, local incentives may be established for all zone areas separately or individually,
as well as areas of the jurisdi~ion outside of a zone area. The ordinance or order must state by position, who
will act as liaison for the local program with the state, and nominate the qualified business for enterprise project
status. Subsequent project nominations may be done by resolution, if the local incentives offered are
substantially the same as outline in the ordinance or order,
Can a community offer local incentives without an enterprise zone?
Yes. A community can offer certain incentives as allowed by state law. Enterprise zones, however, are simply a
means of packaging a number of state and loco! incentives together to help rer~talize a distressed area,
What local incentives are available in an enterprise zone?
local incentives that may be offered to an expanding or locating business vary among enterprise zones.
Examples of local incentives that may be offered include tax abatement, a refund of local sales and use taxes,
waiver of permitting fees, tax increment finanang, transfer of publicly owned buildings at below market cost, and
low interest loans.
According to the Tax Code, an enterprise zone is autormatically a reinvestment zone without further
action. Why is this significant?
A muniapality or county can create a reinvestment zone, which allows them to offer tax abatement on real
and/or personal property to new or e~asting businesses, In a regular r~nvestment zone, all businesses given tax
abatement in the same zone must be given the same terms. Further, all taxing entities must give ead~ business
the same terms and conditions. In an enterprise zone, all of the businesses that are given tax abatement do not
have to receive the same deal, nor does each taping entity have to give them the same terms and conditions.
What is a quaiif~ed business?
A qualified business is a person, including a corporation or other entity, that has been certified by the Bank, for
purposes of state benefits under the Act, or a governing body for purposes of local benefits, to have met the
following criteria;
~A} the person is engaged in, or has provided substantial commitment to initiate the active conduct of a
trade or business at a qualified business site; and
~B} at least ~5°~ of the business' new employees are either economically disadvantaged or enterprise zone
residents ~EDJEZR} if the qualified business site is located in an enterprise zone, or at least 35°/° of the
business' new employees are EDJEZR if the qualified business site is located outside of an enterprise
zone; and
~C} a franchise or subsidiary of a new or exisdng business may be certified by the go~rerning jurisdiction as a
qualified business if the franchise or subsidiary is located entirely at the qualified business site and
maintains separate books and records of the business activity conducted at the qualified business site.
What is ~e definition of economically disadvantaged?
An individual who at the time of hire:
~A} was ur~mployed for at least three months before obtaining employment with a qualified business; or
~B} receives public assistance benefits, such as welfare or food stamp payments, or a member of an
employee's immediate family receiving Supplemental Security Income or Aid to Families with Dependent
Children payments. Food Stamps mgt be received by the employee only, not a member of the
employee's immediate family.}; or
~C} has a physical or mental disability ~a disability that constitutes or results in a substantial barrier to
employment and can reasonably be expected to benefit in terms of employability from vocational
rehabilitation services. I~TE: Individuals must be certified by an authorized agency or doctor.}; or
(D} is homeless Tacks a fixed or regular nighttime residence or whose residence is a supervised public or
private shelter providing temporary living accommodations}; or
~E} is a foster child fan individual on behalf of whom state or local government payments are made and for
whom a court order removing the child from the custody of the parent and speafying a manager
conservator exists}; or
~F} is on parole or entering the workplace after being confined in a unit or correctional faality of the
institution division of the Texas Department of Criminal Justice or the Texas Youth Commission; or
~G} is an individual whose total family income meets the low income or moderate income limits developed
under Section S, United States Housing Act of 1937, Includes ail income by employee, spouse, all
dependents, aril family members living with employee as of the employment date.
What is an enterprise project?
An enterprise project is a business that is nominated by a muniapality or county and approved by the bank for
state and local benefits. State incentives include state safes and use tax benefits based on capital investment and
jobs created and/or retained during the designation period. The State may designate up to 105 enterprise
projects each biennium.
What items purchased are allowable for sales and use tax refund under the Program?
An enterprise project is eligible for a refund of the taxes imposed by the Texas Tax Code on all taxable items
purchased for use at the qualified business site related to the project or activity,
How many enterprise projects can we have?
Muniapalities or counties with a population of 250,000 or more, based on the most recent decennial census, are
eligible for up to six enterprise project designations during a state biennium based upon availability,
Munidpalities or counties with a population of Tess than 250,000 based on the most recent decennial census are
eligi~e for up to four enterprise project designations with the possi~lity of up to two bonus project designations
during a state biennium based upon availability.
How long is an enterprise project designation?
The enterprise project designation is for an expansion or relocation from out~of state, an expansion, renovation,
or new construction, or other property to be undertaken by a qualified business. The designation period is a
predetermined period approved by the Bank, with beginning and ending dates for each proposed projector
activity. The designafion period for an enterprise project may not be for a period of less than one year, nor more
than five years from the date on whidi the designation is made.
What state incentives are available to enterprise projects?
Designated enterprise projects are eligible to ap~y for state sales and use tax refund an qualified expenditures.
The level and amount of refund is related to the capital investment and jobs created at the site.
Maximum Maximum potential Maximum refund per job
Level of Capital Investment number of jobs refund allocated
allocated
$40 000 to $399 999 10 $25 000 $2,500
$400 000 to $999 999 25 $62 500 $2 500
$1000 000 to 4999 999 125 $312 500 $2 500
5 000 000 to 149 999 999 500 1 250 000 2 500
Double Jumbo Project
150 000 000 to 249 999 999 500 2 500 000 5 000
Triple Jumbo Project
250 000 000 or more 500 3 750 000 7 500
Each project is limited to a maximum refund of $250,000 per year for five years for a regular enterprise project
designation, $500,000 per year for five years for a double jumbo enterprise project and $750,000 per year for
five years for a triple jumbo enterprise project. NOTE: a qualified business malting a capital investment eligible to
apply for a double jumbo enterprise project or a triple jumbo enterprise project must be nominated by the
governing jurisdi~ion for the ~evated designation in the nominating ordinance, order or resolution, as applicable,
or the designation will automatically be for a regular enterprise project designation. A double jumbo enterprise
project will count as two enterprise project designations against the 145 projects designations allowed statewide
and against the four or six allowed for the governing jurisdiction. A triple jumbo enterprise project will count as
three project designations for the state as well as the goveroing jurisdiction.
What is a qualified employee?
A qualified employee is an emplayee that works at least 50°/0 of his or her time for the qualified business at the
qualified business site.
What is a new permanent job?
A new permanent job is a new employment position created over and ab~e the business' current bas~ine that
provides a qualified employee of a qualified business with employment of at least 1,820 hours of work annually
and exists at the qualified business site for at least three years after the date on which a state benefit is received,
Seasonal, temporary or part-time jobs are not considered to be new permanent jabs, and therefore are not
eligible for state benefit through the program.
What is a retained job?
A retained job is a position that e~asted with a qualified business that has provided employment to a qualified
employee of at least 1,820 hours annually and is retained for at least three years after the date on which a state
beneF~t is received.
What is a job retention project?
Job retention projects are available under limited arcumstanoes. To qualify for a job retention project, a business
mgt present documentation to the applicant jurisdiction supporting any one of the following arcumstances:
~A} that permanent employees will be permanently laid off;
~B} the business will permanently close down;
~C} tl~ business will relocate out of state;
~D} the business is able to em~oy individuals in accordance with Section 2303.402; ar
~E} tine business faality has been legitimately destroyed or substantially impaired due to fire, flood, tornado,
hurricane, or any other natural disaster and that at least 60 percent of the capital investment is being
spent to repair damages resulting from the disaster.
All of the retained jobs must be certified by the Comptroller of Public Accounts before any benefits for jabs can be
obtained.
What is an e~~ing jobs
An existing job is afull-tlme position that has existed with a qualified business, whid~ does not qualify for benefit.
The c~irrently number of e~dsting jobs is used to determine the baseline level ~ em~oyment at the time of
project designation. New jobs which are seated 90 days prior to the application deadline through the end of the
project designation period qualify for benefit if the baseline jobs are maintained.
Do laaaed, contract or construction empioyoes qualify for beinefit~
No. All employees occxipying the new or ruined jobs for benefit must be urger the direct, full-time and
permanent empbyrnent of the enterprise project that has received the designation.
Haw ions dose it take to obtain an ®nterprise project designation
Projects are designated typically eight to ten weeks after the project application deadline, depending on the
number of applications received in that quarterly round.
s:lo~r do~ur~entslardinances1081Q~Q5~8 ald~ ord:doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEA,
ORDAINING THE CITY' PARTICIPATION IN THE TExA ENTERPRISE BONE
PROGRAM PUR[JANT TO TI-~E TExAS ENTERPRISE BONE ACT, CHAPTER 3~3,
TEAS GOVERNMENT CODE {ACT},PROVIDING TAx INCENTIVES, DEI~NATIN~ ~
LIAISON FGR COMMUNICATION wITH INTERESTED PARTIES, AND NOMINATING
ALDI {TExAS~ L.L.C. TO THE OFFICE OF TIDE GOVERNOR ECONOMIC
DEVELOPMENT TOURISIVI {EDT} TI~ROIJH TFIE ECONOMIC DEVELOPMENT
BAND {BANI~~ AS AN ENTERPRISE PROJECT PROJECT}; ESTABLISI~INCr THE
BOUNDARIES OF SAID ~O11~E, AND PROVIDINCr AN EFFECTIVE DATE,
WHEREAS, the City Council of the City of Denton, Texas desires to create the proper
economic and social environment to induce the investment of private resources in productive
business enterprises located in severely distressed areas of the city and to provide erriployment to
residents of such area; and
WHEREAS, the project or activity is located within the proposed enterprise zone; and
wIIEREAS, pursuant to Chapter 230, Subchapter F ofthe Act, Aldi {Texan L.L.C. has
applied to the City for designatran as an enterprise project; and
wHEREA, the Crty finds that Aldi ~Texas~ L.L,C. meets the criteria for tax relief and
other incentives adapted by the City on the grounds that it will be located at the qualified
business site, wi11 create a higher level of employment, economic activity and stability; and
wHEREA, a public hearing to consider this ordinance was held by the City Council at
or after ;3o p.m. on February S, 208 rn the City Counc1i Chambers of the City of Denton at
21 East Mclinney Street 1n the City of Denton, such date being at least seven days after the
date of publication of notice of such public hearing; NOW, THEREFORE,
T` CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. The City nam~nates Air ~Texas~ L.L.C. far enterprise project.
SECTION ~ The following local incentives, at the election of the governing body, are ar
wi11 be made available to the nominated project ar activity of the qualified business:
a} The City may abate taxes on the increase in value of real property ixnpraven~ents
and eligible personal property that locate in a designated enterprise zone
minirriu of 5 million capital investment ~s required to apply. The extent to
which the business receives the abatement depends upon the history and
philosophy of the f rm, project specifications, and the potential impact on the
s:lour document~lordinance~10810~05~8 a~di ord.~oc
community, The City may offer the following incentives for businesses meeting
the applicable requirements: reduced electrical utility rates, reduced infrastructure
costs, grants based an ne~v sales tax or ad va~are tax revenues generated by a
company ar development, triple freeport tax exemption, and industrial revenue
bonds,
b} The City may provide regulatory relief to businesses, including:
1 } zoning changes or variances;
~} streamlined permitting.
c} The Crty rrray provide enhanced rnumclpal services to businesses, ~ncluding:
1 } improved police and dire protection;
~} Inst~tutlon of ca~n.urnty crime prevent~an Programs; ar
} special public transportation routes or reduced fares.
d} The City nay provide Improvements in community facilities, .cluding:
~~ capital Iinpraven~ents in VL~ater and sever facllltl~s;
e} The City rr~ay pravlde improvements to housing, including:
~ } la~~interest loans far housing rehabllitatlon, irnproveinent, ar new
r
construction; ar
} transfer of abandoned housing to individuals or community groups.
The Clty may provide business and industrial development services, Including:
1 } provision of publicly awned land for developrrient purposes, including
residential, commercial, or industrial development;
~} creation of special one-stop perrriitting and prab~em resolution centers or
ombudsrrien; or
~} promotion and marketing services.
SECTION 3. The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Cade, Chapter ~ 12,
SECTION 4~ The City of Denton. City auncil directs and designates City Economic
Development Director Linda a~tllff as the City's liaison to camrnunicate and negotiate with the
EDT through the Eanl~ and enterprise pro j ect~s} and to oversee zone activities anal
comn~unicatians v~ith qualified businesses and other entities in an enterprise zone or affected by
an enterprise Pro j eet.
SECTY~ ~ The City finds that Aldi Texas} L.L.C~ meets the criteria for designation as
an enterprise praj ect under Chapter Z3 03, Subchapter F of the .pct on the fallaing grounds:
~a.} Aldi Texas} L,L~.C. is a "qualified business" under Section ~a3.4a~ of the pct
since it mill be engaged in the active conduct of a trade or business at a qualified
business site located in an enterprise zone in the governing body's jurisdiction and
Page ~
s:lour docr~ment~lordi~ances10810~~5~8 a1~i ord~.doc
at Ieat twenty-dive percent ~~5°Io} of the business' new en~plo~ees wi11 be
residents of an Enterprise done or econom~ca~ly d1sadvantaed individuals.
~~,} The property included within the boundaries of the proposed Aldi Texas} L.L.C.
Enterprise done represents the company' ~ 120 acre distribution center site an
westcourt Road and Spring Side Road as defined in Exhibit "A" and shown. on
Exhibit "B}'
SECTION ~. The enterprise project sha11 take effect on the date of designation of the
enterprise project by EDT on Mach 3, ~ooS and terminate on March 3, 2013.
SECTION 7. This ordinance shall take effect frame. and after its passage as the law and
charter in such case provides.
PASSED AND APPR~vED this the day of , ~~~~.
PERRY ~. McNEILI~, MAYOR
ATTEST:
JENNIFER wAI~TER, CITY SECRETARY
BY~
APPR~vED AS T~ LEC~AI1 PERM:
EDWIN 1VI, SNYDER, CITY ATTORNEY
Bv:
Page 3
EXHIBIT "A"
PROPERTY DESCRIPTION
ALDI (TEXAS) LLC ENTERPRISE ZONE
ALDI (TEXAS) L.L.C. ENTERPRISE ZONE WILL BE COMPOSED OF APPROXIMATELY
120 ACRES OF LAND OUT OF WILLIAM NEILL, SURVEY ABSTRACT No. 970, JOHN
BACON SURVEY, ABSTRACT N0.1540, ISAAC N. HAMBREE SURVEY, ABSTRACT N0.
594, AND JEREMIAH DALTON SURVEY, ABSTRACT N0.353 DENTON COUNTY, TEXAS.
THE ALDI (TEXAS) LLC ENTERPRISE ZONE AREA IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEING A 120 ACRE TRACT OF LAND SITUATED IN THE WILLIAM NEILL SURVEY,
ABSTRACT N0. 970, THE JOHN BACON SURVEY, ABSTRACT N0. 1540, THE ISAAC N.
HAMBREE SURVEY, ABSTRACT N0. 594 AND THE JEREMIAH DALTON SURVEY,
ABSTRACT N0. 353, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A
PORTION OF THAT CALLED 2049.00 ACRE TRACT OF LAND DESIGNATED AS "TRACT 1:
NORTH TRACT" IN THE DEEDS TO SLF II COLE PROPERTY, L.P. RECORDED IN COUNTY
CLERK'S FILE NUMBERS 2005-12276, 2005-12277 AND 2005-12278 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS, (DRDCT), SAID 120 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1l2-INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF THE
SOUTHEAST AIRPORT ADDITION, AN ADDITION TO THE CITY OF DENTON DESCRIBED
BY PLAT RECORDED IN VOLUME G, PAGE 295, PLAT RECORDS OF DENTON COUNTY,
TEXAS SAME BEING A NORTHEAST CORNER OF SAID 2049.00 ACRE TRACT OF LAND
AND BEING IN THE APPROXIMATE CENTERLINE OF WESTCOURT ROAD;
THENCE SOUTH 00°03'56" EAST GENERALLY ALONG THE CENTERLINE OF SAID
WESTCOURT ROAD, A DISTANCE OF 1151.07 FEET TO A 5l8-INCH IRON ROD FOUND
CORNER IN THE APPROXIMATE CENTERLINE OF SPRING SIDE ROAD;
THENCE NORTH 89°05'32" EAST ALONG A LINE IN SAID SPRING SIDE ROAD, A
DISTANCE OF 870.18 FEET TO A 1/2-INCH IRON ROD WITH CAP STAMPED "RPLS 4562"
FOUND FOR CORNER ON THE EAST SIDE OF UNDERWOOD ROAD;
THENCE ALONG THE EAST SIDE OF SAID UNDERWOOD ROAD, THE FOLLOWING:
SOUTH 00°51'18" EAST, A DISTANCE OF 646.53 FEET TO A 5-INCH STEEL POST
FOUND FOR CORNER;
SOUTH 01°32'26" EAST, A DISTANCE OF 644.99 FEET TO A 5-INCH STEEL POST
FOUND FOR CORNER;
SOUTH 01°23'09" EAST, A DISTANCE OF 547.58 FEET TO A 5/8-INCH IRON ROD
FOUND FOR CORNER;
SOUTH 00°42'07" EAST, A DISTANCE OF 344.00 FEET TO A 1/2-INCH IRON ROD
FOUND FOR CORNER;
S:1INCENTIVESIINCENTIVE AGREEMENTSIALD11AIdi Enterprise ZonelOrdinancelEXHIBIT A
ENTERPRISE ZONE PROPERTY BOUNDARIES.doc Page 1 of 3
THENCE SOUTH 89°15'29" WEST CROSSING SAID UNDERWOOD ROAD, A DISTANCE OF
125.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 54°18'23" WEST, A DISTANCE OF 3017.83 FEET TO A POINT FOR
CORNER IN THE EAST LINE OF THAT CALLED 31.107 ACRE TRACT OF LAND
DESCRIBED IN THE JUDGMENT DEED TO THE CITY OF DENTON, TEXAS RECORDED IN
COUNTY CLERK'S FILE NUMBER 94-71013, DRDCT;
THENCE NORTH 07°50'48" WEST ALONG SAID EAST LINE, A DISTANCE OF 200.00 FEET
TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 31.107 ACRE
TRACT OF LAND SAME BEING THE SOUTHEAST CORNER OF THAT CALLED 13.89 ACRE
TRACT OF LAND DESCRIBED IN THE JUDGMENT DEED TO THE CITY OF DENTON,
TEXAS RECORDED IN VOLUME 871, PAGE 137, DRDCT;
THENCE NORTH 00°24'11" EAST AT A CALLED DISTANCE OF 500 FEET PASSING THE
NORTHEAST CORNER OF SAID 13.89 ACRE TRACT OF LAND SAME BEING THE
SOUTHEAST CORNER OF THAT CALLED 24.73 ACRE TRACT OF LAND DESCRIBED IN
SAID JUDGMENT DEED TO THE CITY OF DENTON, TEXAS RECORDED IN VOLUME 871,
PAGE 137, DRDCT, CONTINUING ALONG EAST LINE OF SAID 24.73 ACRE TRACT OF
LAND IN ALL FOR A DISTANCE OF 700.05 FEET TO A 1/2-INCH IRON ROD FOUND FOR
CORNER;
THENCE SOUTH 89°34'22" EAST CONTINUING ALONG SAID EAST LINE, A DISTANCE OF
144.64 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 00°23'42" EAST CONTINUING ALONG SAID EAST LINE, A DISTANCE OF
629.09 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID
24.73 ACRE TRACT OF LAND AND BEING IN THE SOUTH LINE OF THE
AFOREMENTIONED SOUTHEAST AIRPORT ADDITION;
THENCE NORTH 88°42'27" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
AIRPORT ADDITION, A DISTANCE OF 1533.88 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 120 ACRES, MORE OR LESS.
NOTES:
BEARINGS CALLED FOR HEREIN ARE BASED ON THE TEXAS COORDINATE
SYSTEM (NORTH CENTRAL ZONE), AND WERE DERIVED FROM GPS
OBSERVATIONS OF CI TY OF DENTON MONUMENTS 2011, 2012, 2015 AND 2023.
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS
DESCRIPTION.
S:1INCENTIVESIINCENTIVE AGREEMENTSIALD11AIdi Enterprise ZonelOrdinancelEXHIBIT A
ENTERPRISE ZONE PROPERTY BOUNDARIES.doc Page 2 of 3
EXHIBIT "B"
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AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene, 349-8351
SUBJECT - MPC07-0002 (Cole Ranch)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
zoning approximately 3,256.92 acres of land, generally located west of Interstate 35 West, South
of Tom Cole Road, bounded by Tom Cole Road to the north, bisected by FM 2449 near the
center of the property, bounded on the eastern side by John Payne Road south of FM 2449 and
Underwood Road north of FM 2449 to the Cole Ranch Master Plan Community (Cole Ranch
MPC) zoning district classification and use designation; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; and providing for severability, subordination and an
effective date. (MPC07-0002. The Planning and Zoning Commission recommends approval (6-
0).
BACKGROUND
Applicant: SLF Cole Property, LP Dallas, TX
The Cole Ranch Master Planned Community (Cole Ranch MPC) consists of approximately
3,256.92 acres and will contain a variety of land uses that will provide opportunities for vertical
and horizontal mixed-use developments. The development will consist of approximately 1,955
acres of Single Family (NR-3) development, and approximately 342 acres of Neighborhood
Residential Mixed Use (NRMU &NRMU-12) development with multi-family, attached single
family, retail and office uses. The development will also contain 180 acres of Community Mixed
Use (CM-G) zoned property, 301 acres of Employment Center (EC-C) zoned property, and 85
acres of Industrial Center (IC-E) zoned property (see Exhibit 2). The applicant is estimating 1.9
million square feet of retail development, 273,000 square feet of restaurant development, 2.0
million square feet of office space and 1.6 million square feet of industrial space when the
development is built out in 2025. The estimated residential development will consist of 6,182
single family homes with an overall gross density of 2.9 dwellings per acre, 2,621 attached single
family homes with a maximum of gross density of 12 units per acre and 2,800 multi-family units
with a maximum gross density of 30 units per acre.
The community is being designed with higher density and more intense uses (office and retail)
along the proposed alignment of Loop 288 and a more traditional suburban residential
development towards the south and west. Two Neighborhood Residential Mixed Use Districts
are proposed to provide higher density residential and neighborhood service oriented businesses
to the surrounding single family detached residential areas.
In an effort to facilitate the overall development of the Cole Ranch MPC and provide the
necessary institutional, educational, and community uses, the Denton Independent School
District (DISD) has purchased a 9o acre high school site which will be part of Phase III. A
middle school site has also been finalized as part of Phase II and two elementary school sites are
proposed, as shown on the development plan exhibit (Exhibit 2). The exact locations have not
been determined but the two elementary schools sites will be donated by the property owner to
DISD. All four school sites make up approximately 165 acres of land within the Cole Ranch
development.
There are approximately 680 acres of open space included in the MPC. Much of the open space
is made up of floodplain and Environmentally Sensitive Areas (ESAs). The applicant will
identify the ESA mitigation measures at the final plat process. The applicant will dedicate
approximately 72 acres of park land for both passive and active recreational purposes as required
by the City of Denton Park Land Dedication requirements.
The applicant held a neighborhood meeting on the evening of October 8, 2007 at Denton Fire
Station #7 on Vintage Boulevard. Six people from the surrounding area and the University of
North Texas were in attendance. Several concerns were raised at the meeting regarding the light
produced from the development and truck traffic on Underwood Road.
The Cole Ranch MPC was presented to the Denton Municipal Airport Board at their meeting of
November 8, 2007. The Board discussed the proposed avigation easement and how the
development would affect future airport growth. The Board unanimously voted to support the
MPC zoning request (See Exhibit 14).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 18, 2006 City Council held the second and final reading of the Ordinance to
voluntarily annex the Cole Ranch (approximately 3,406 acres).
September 12, 2007 The Denton Planning and Zoning Commission received a report held a
discussion and gave staff direction on the proposed Cole Ranch Master
Planned Community
October 10, 2007 The Denton Planning and Zoning Commission received a report held a
discussion and gave staff direction on the proposed Cole Ranch Master
Planned Community
November 8, 2007 Denton Municipal Airport Board received a report and held a discussion
regarding the proposed Cole Ranch MPC.
November 14, 2007 The Denton Planning and Zoning Commission received a report, held a
discussion and gave staff direction on the proposed Cole Ranch Master
Planned Community
November 28, 2007 The MPC was noticed for public hearing and tabled until December 12
Planning and Zoning Commission Meeting.
December 12, 2007 The MPC was tabled from the November 28, Planning and Zoning
Commission meeting and tabled again until January 9 Planning and
Zoning Commission Meeting.
January 8, 2008 The Cole Ranch MPC was presented to the City Council at the work
session. Staff received direction to provide clarifications and revisions to
the proposed MPC.
January 9, 2008 The MPC was presented to the Planning and Zoning Commission at the
work session and public hearing. The Planning and Zoning Commission
voted to recommend approval of the MPC request (6-0).
F,XTTTRTTC
1. Staff Analysis
2. Proposed Development Plan
3. Proposed Phasing Plan
4. Letter of Intent
5. Fiscal Impact Analysis
6. Cole Ranch MPC Zoning Document
7. Cole Ranch MPC Requirements and Conditions
8. Noise Standards for ACLUD 2 Zone
9. Current Zoning Map
10. Proposed Zoning Map
11. Future Land Use Map
12. Notification Map
13. Letters in Response to Notification
14. Denton Municipal Airport Board Letter of Support
15. Proposed Limits of Floodplain Reclamation
16. Floodway Fringe Cross Section
17. Planning and Zoning Commission Meeting Minutes
18.Ordinance
Prepared by:
~~
Lori Shelton, AICP
Senior Planner Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: MPC07-0002 DATE TO BE February 5, 2008
CONSIDERED:
LOCATION: The property is generally located generally located west of Interstate 3 5
West, south of Tom Cole Road.
APPLICANT/OWNER: SLF Cole Property, LP
5949 Sherry Lane, Ste. 1750
Dallas, Tx 75225
REQUEST: Consider the adoption of an ordinance to rezone approximately 3,256.92
acres of land from the initial Rural Residential (RD-5) zoning district to the
Cole Ranch Master Planned Community (Cole Ranch MPC) zoning district.
RECOMMENDATION: The Planning and Zoning Commission recommended approval of this
rezoning request (6-0) at their January 9, 2008 meeting.
COMPREHENSIVE The subject site is located within the Rural Areas, Regional Centers,
PLAN DESIGNATION: Industrial Center, Neighborhood Centers, and Commercial Mixed Use
Centers future land use designations.
SITE AND The approximately 3,256.92 acres site is currently undeveloped except for
SURROUNDINGS: one residence. There are 15 existing gas well sites on the property.
North: Extraterritorial Jurisdiction (ETJ) and Industrial Center General (IGG) -
Industrial and Denton Municipal Airport
South: Agricultural (A) -future Inspiration MPC
East: Extraterritorial Jurisdiction (ETJ) and Agricultural (A) -future Inspiration
MPC
West: Extraterritorial Jurisdiction (ETJ) and Planned Development (PD-173) -
Robson Ranch
BACKGROUND On July 18, 2006, the City voluntarily annexed approximately 3,406 acres
INFORMATION: of the Cole Ranch MPC into the City of Denton. Approximately 185 acres
of the property is under contract to be sold to the Aldi Company for a
distribution center and is not included in this rezoning request. The
remaining 3,256.92 makes up the Cole Ranch MPC as it is proposed.
The Denton Independent School District (DISD) purchased approximately
90 acres within the proposed Cole Ranch MPC for a future high school site.
DISD has authorized their property to be zoned as part of the Cole Ranch
MPC zoning process. A middle school site of approximately 35.7 acres has
been identified and is expected to be purchased by DISD in early 2008.
Two other sites for elementary schools will be determined within the Cole
Ranch MPC. The two elementary school sites will be donated to DISD by
the property owner.
The City of Denton Library Department is working with the Cole Ranch
developer to purchase a future library site within the Cole Ranch MPC
boundaries.
When fully developed, the applicant is estimating 1.9 million square feet of
retail development, 273,000 square feet of restaurant development, 2.0
million square feet of office space and 1.6 million square feet of industrial
space. The estimated residential development will consist of 6,182 single
family homes with a density of 2.9 dwellings per acre, 2,621 attached single
family homes with a maximum density of 12 units per acre and 2,800 multi-
family units with a maximum density of 3 0 units per acre. The overall ratio
of single family homes to multifamily homes is 75% single family to 25%
multifamily units.
ANALYSIS:
Comprehensive Plan On March 27, 2007, City Council adopted an ordinance that exempted
Analysis: Master Planned Communities from the requirements of processing a
Comprehensive Plan amendment as part of the MPC proposal if the MPC
incorporates the goals and objectives of the Denton Plan. The proposed
MPC proposal is consistent with the goals and objectives of the Denton
Plan and land use designations contained therein.
Currently, the City of Denton Comprehensive Plan Future Land Use shows
five future land use designations within Cole Ranch (Exhibit 11). These
include Rural Areas, Regional Centers, Industrial Centers, Neighborhood
Centers, and Commercial Mixed Use Centers future land use designations.
The purpose of "Rural Areas" future land use designation is to maintain
an area of rural use within the City of Denton. Application of the zoning
districts permitted within this future land uses category will ensure that the
farming ,forest, environmental and scenic values of these areas are
protected from incompatible development that may result in a degradation
of their values.
"Regional Mixed Use Center" future land use areas are intended to
contain the shopping, services, recreation, employment and institutional
facilities supported by and serving an entire region. A regional activity
center could contain developments such as a regional shopping mall, big
box retail, superstores, restaurant and entertainment facilities, a high school
or community college, and high-density housing.
"Employment Center" future land use areas are intended to provide
locations for a variety of workplaces, including limited light manufacturing
uses, research and development activities, corporate facilities, offices, and
institutions. Employment centers are also intended to accommodate
secondary uses that complement or support the primary workplace uses,
such a hotels, restaurants, convenience shopping, and child care. Adequate
public facilities shall be a criterion by which zoning is granted.
"Industrial Centers" future land use areas 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. The industrial
centers may also accommodate complementary and supporting uses such a
convenience shopping and child-care centers. Adequate public facilities
shall be a criterion by which zoning is granted.
"Neighborhood Centers" future land use areas develop in conventional
patterns or may be developed in a pattern of `neighborhood centers' .
Neighborhood centers are oriented inwardly, focusing on the center of the
neighborhood and containing facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a convenience store,
small restaurant, personal service shops, church or synagogue, daycare,
individual office space, a small park and perhaps an elementary school.
The proposed Cole Ranch Development Plan (Exhibit 2) utilizes the DDC
underlying zoning districts as the base zoning and includes zoning districts
representing Neighborhood Centers, Employment Centers, Industrial
Centers, and Community Mixed Use Activity Centers. No zoning
representing the Rural Area or Regional Mixed Use Centers are proposed.
Development Zoning and Land Use
Code/Zoning Analysis
Pursuant to Subchapter 3 5.7.12.2.D.1 of the Denton Development Code, the
Cole Ranch MPC must comply with the Code, except where modifications
are proposed. The applicant has submitted a MPC Zoning Document and
Development Standards Document that outline the alternative development
regulations and standards that deviate from the provisions of the Denton
Development Code.
The following are alternative development regulations and standards the
applicant is proposing to deviate from:
Only those uses listed in the tables below shall be permitted in each phase
of the Cole Ranch development in the areas so designated on the Phasing
Plan map. No use is permitted in any phase until the Development Plan
Map for that phase has been approved, consistent with these defined uses
and restrictions. If there is a question as to whether a use not listed below is
permitted, the Director of Planning shall make a determination whether the
use is permitted or prohibited.
NR-3 Single Family Residential
NRMU-12 Neighborhood Residential Mixed Use (12
dwelling units per acre)
NRMU Neighborhood Residential Mixed Use
CM-G Community Mixed Use General
EC-C Employment Center Commercial
IC-E Industrial Center Employment
Zoning districts and limitations shall be the same as for DDC Sub-
chapter 5, except as noted below.
35.5.2.2 Permitted Uses
A. Equestrian Facilities (boarding of horses only) is a
permitted use with an SUP in NR-3.
(Equestrian Facilities are not permitted in the N3-3 zoning
district in the DDC)
B. High School is a permitted use in NR-3. School facilities
in ACLUD zone are limited to athletic facilities and open
space. No classrooms or administrative offices, except
the athletic office, are permitted in ACLUD zone.
(High Schools are not permitted in the N3-3 zoning district in
the DDC)
C. Construction Materials Sales is a permitted use in CM-G.
(Construction Materials Sales is not a permitted use in the N3-3
zoning district in the DDC)
The City of Denton Library Department is working with the Cole Ranch
developer to purchase a future library site within the Cole Ranch MPC
boundaries. The proposed deviations from Subchapter 35.5.2 includes a
Library as a permitted use in the Neighborhood Residential3 (NR-3) zoning
district within the Cole Ranch MPC. Currently, Community Service land
uses are not permitted in the NR-3 zoning district. Libraries are considered
a community service according to the definition of community services in
Subchapter 23 Definitions of the Denton Development Code.
35.5.2.3 General Regulations
The following changes are made in the Table on page 5-11:
A. Regarding "Maximum density, dwelling units per acre,"
in all Neighborhood Residential categories, individual
building permits or subdivision plats may be approved
with densities exceeding the maximums; however the
density in any development pod as shown on the
Development Plan Map may not exceed the maximum for
that zoning category.
B. Minimum side yard for non-attached buildings in NR-3 is
5 feet. (Six feet is required in the DDC)
C. Minimum landscaped area in NR-3 is 50%. (This is a
correction to the DDC which shows 55% required
landscaped area and a maximum 50% lot coverage)
D. Maximum lot coverage for single family attached uses
only in NRMU-12 is 75%; Minimum landscape area is
25%. (The DDC requires 60% maximum lot coverage and
40% minimum landscaped area)
§ 35.5.8. shall be excepted to provide the following additional
limitations with respect to the zoning classifications and use
designations defined by this document:
35.5.8 Limitations
L(6) shall be revised to read as follows:
Permitted only on 2nd story and above, when an office,
retail or other permitted commercial use is on the ground
floor within 3 00 feet of any public collector or arterial
street (as shown on the thoroughfare plan); otherwise,
office or retail uses are not required. (The DDC states
that within the CM-G and RCC-D zoning districts multi-
family is allowed only on 2nd story and above, when an
office, retail, or other permitted commercial use is on the
ground floor along any avenue, collector, or arterial
street, otherwise office or retail are not required)
L(11) is excepted to allow drive through. Drive throughs
and associated stacking may not be located between the
building and street right-of-way. (The DDC states in the
NRMLI zoning district a restaurant is permitted but
limited to sit down only, and no drive up service
permitted. Limited to no more than 100 seats and no
more than 4, 000 square feet of restaurant use.)
L(17) shall be excepted to read as follows:
Uses are limited to no more than 25,000 sf of gross floor
area per use, except grocery stores, which may be up to
65,000 sf of gross floor area. (The DDC states that within
the NRMLI zoning district retail sales and services and
professional services and offices uses are limited to no
more than 25, 000 square feet of gross floor area per use,
except grocery stores may be larger with approval of an
SUP.)
35.13.7 Tree Preservation and Landscaping Requirements
35.13.7.2.C shall be modified to include street right of way
as a exemption.
The Landscape and Tree Canopy Requirements Table on
page 13-14 of the DDC is excepted for NRMLI and NRMU-
12 zoning districts as follows:
L In the NRMLI-12 District, a 25% Tree Canopy Cover
shall be required for single family attached uses only.
(The DDC requires 45% tree canopy coverage for all
uses within the NR1~IU-12 zoning district.)
2. In the NRMLI District, a 20% Tree Canopy Cover shall
be required for commercial and vertical mixed use
developments. Residential uses will provide a minimum
of 40% tree canopy. (The DDC requires 40 % tree
canopy coverage for all uses within the NR1~IU zoning
district.)
Other exceptions from the DDC are proposed. These exceptions relate to
Buffer and Screening requirements; Access, Parking and Circulation
Requirements; Site Development Requirements, Parking Standards, and
Signage. The exceptions are shown in Exhibit 6, Cole Ranch MPC Zoning
Document.
Environmentally Sensitive Areas
Approximately 503 acres of Environmentally Sensitive Areas (ESAs) have
been identified within the property boundaries of the Cole Ranch property.
The applicant has worked with the City of Denton Watershed Protection
Division to create a set of criteria and guidelines to allow mitigation for the
development of some of the existing ESA designated areas. Currently the
DDC allows ESA mitigation through an Alternative Environmentally
Sensitive Area Plan. Alternative Environmentally Sensitive Plans require
public hearings and are approved by the City Council with a
recommendation from the Planning and Zoning Commission. This
deviation from the DDC would allow ESA mitigation as a part of the MPC
zoning ordinance regulated with the standards and criteria included in
E~ibit 6.
The following was revised since the City Council work session of January
8, 2008.
1. Mitigation of any ESA disturbance will be allowed subject to approval
of an ESA Mitigation Plan including any one or combination of the
following measures:
a. Enhancement of existing ESA's within the Cole Ranch MPC at
a 2:1 ratio of enhanced ESA to original ESA.
Enhancement shall be defined as: providing additional vegetative
plantings to an existing ESA for the purposes of increasing the
ecological quality in exchange for the inherit loss of net ESA land.
Enhancement of existing environmentally sensitive areas must
bring the natural habitats enhanced to the same quality as the ESAs
removed. Priority for enhancement shall be given to environmental
sensitive areas for which quality was determined to be "poor" or
"fair" in the ESA Assessment documents approved by the Planning
Director. For example, if one acre of existing ESA were removed,
then under the enhancement option, the developer would be
required to enhance the plantings in two acres of existing ESA.
This example would result in the net loss of one acre of ESA land
area.
b. Relocation of the ESA to protected open space areas outside the
original ESA areas on an acre-for-acre basis.
Relocation shall be defined as: replacing the original ESA, as
closely as possible with respect to vegetative planting, hydrology
and land area. For example, if one acre of ESA were removed, then
under the relocation option, the developer would be required to
construct a new one acre ESA in an open space location outside of
any existing ESA. This example would result in no net loss of ESA
land area.
Gas Well Development
There are fifteen gas well sites currently identified on the Cole Ranch
Development Plan map (Exhibit 2). Eight of the 15 are developed gas well
sites. The exceptions proposed in the Cole Ranch MPC Zoning Document
would limit gas well drilling and production to those 15 sites. Currently the
DDC permits gas well drilling and production in the CM-G, NR-3, NRMU
and NRMU-12 zoning districts with the approval of a Specific Use Permit.
The proposed exceptions would allow the gas wells drilling and production
as a permitted use on the fifteen existing sites only. No other gas well
drilling and production sites will be permitted within the Cole Ranch MPC.
The proposed Subchapter 3 5.22.5 Standards for Gas Well Drilling and
Production increases the standards by requiring an 8 foot fence rather than a
6 foot fence as currently required in the DDC. The proposed exceptions also
require a fifty foot perimeter buffer to consist of undisturbed ground with
native vegetations as an additional requirement of the gas well sites. In
addition, all drilling and production of gas within Cole Ranch MPC will
require that no residential structure or place of assembly, institution or
school exists within two hundred feet (200') from the wellhead. Currently,
the DDC does not regulate the distance between the gas well sites and other
land uses when the gas well site is developed before the surrounding land
uses. The adopted fire code requires a minimum distance of 100 feet
between a gas wellhead and a residential use and 300 feet between a gas
wellhead and a place of assembly. The 300 foot requirement fire code
requirement would still apply within the Cole Ranch MPC.
Subchapter 19 Drainage Standards
The applicant is proposing to allow the development of certain floodplain
areas within the Cole Ranch Development. The applicant has provided
criteria and standards for the floodplain reclamation as shown on pages 11
and 12 of the Exhibit 6 Cole Ranch MPC Zoning Document. The limits of
the floodplain areas to be developed are shown in Exhibit 15 and are
generally described below:
L Two minor tributaries to Roark Branch Creek, Roark Branch Tributary
6 and Roark Branch Tributary 8.
2. Northwest and southeast sides of NRCS Lake #12.
3. West and east sides of NRCS Lake #13.
4. Hickory Creek Tributary 10 and Tributary 10.2 between NRCS Lake
# 12 and Lake # 13.
The City of Denton Engineering Department believes the work described in
Item 1 is consistent with current City of Denton criteria for the
channelization and reclamation of minor tributaries with small watersheds.
Each of the Roark Branch tributaries proposed to be channelized has a
watershed area less than one square mile and; therefore, is subject to
approved fill and alteration according to City of Denton current criteria.
The work proposed in Items 2 and 3 involves the excavation and deepening
of two Natural Resources Conservation Service (NRCS) sponsored lakes for
the purpose of increasing the volume but decreasing the surface area of both
lakes. This work will allow for the development of some land currently
inside the Denton-Wise County Soil & Water Conservation District
Easements surrounding both bodies of water if modification of the
easements is approved by the sponsor. The City of Denton Engineering
Department believes this work will not conflict with our current drainage
standards if it is performed in accordance with the criteria established in the
approved Preliminary Drainage Report for the Development of Cole Ranch.
This criteria includes providing additional lake storage capacity to accept
fully developed flows while limiting lake discharge quantities to existing
condition amounts, as well as, providing improved emergency spillway
capacity to convey the probable maximum flood. No work around either
lake will proceed until all proposed construction has been approved as
required by the Natural Resources Conservation Service, Federal
Emergency Management Agency, Texas Commission on Environmental
Quality and City of Denton.
The work described in Item 2 above also includes the realignment and
reconstruction of the Lake # 12 overflow channel to Hickory Creek at a
point approximately 5000-feet upstream of where this water currently enters
the creek. The developer intends to divert this water from its current
alignment and then alter and channelize the existing overflow channel
between NRCS Lakes # 12 and # 13 . At this time, the Engineering
Department requires additional studies regarding the diversion of this water
and the effects it will have on Hickory Creek prior to approval of this work.
Also, the Engineering Department requires additional studies to address the
compensatory storage locations the developer is proposing to mitigate the
overflow channel realignment and proposed channel fill and alteration of
Hickory Creek Tributaries 10 and 10.2. The developer intends to provide
these studies at a later date during the preliminary platting process.
The Engineering Department's support for the work in Item 4 is contingent
upon approval of the proposed Lake # 12 overflow channel realignment
mentioned in the above paragraph. Tributary 10 is currently considered a
major tributary with a watershed area greater than one square mile where
fill in the floodplain would typically be discouraged by the City of Denton.
However, if the Lake # 12 overflow channel realignment is approved, the
amount of water contributing to Tributary 10 would be substantially
decreased, and the existing tributaries would be subject to fill and alteration
according to current City of Denton criteria.
The drainage patterns on the Cole Ranch site are exceptionally shallow and
broad. The site has been used as pasture land for many years. Exhibits 15
(Proposed Limits of Floodplain Reclamation) and 16 (Floodway Fringe
Cross Section) demonstrate the limits of floodplain reclamation and the
topographical conditions of the proposed reclamation areas.
The applicant is proposing the finished grade and floor elevations as shown
in the table below. The Denton Development Code currently requires 18
inches finish floor elevation above 100-year flood for both residential and
non-residential development and 12 inches finished grade for both
residential and non-residential development. The applicant is proposing to
increase the requirements for residential development by 6 inches for both
the finished grade and finished floor elevations.
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Subchapter 35.7.4 Denton Municipal Airport Overlay District
A portion of the proposed Cole Ranch MPC is within the boundaries of the
Denton Municipal Airport Overlay District as shown in Exhibit 2 Proposed
Development Plan. The boundaries are labeled as Airport CLUD 2 Zone
Limit. Subchapter 35.7.4 of the DDC requires development within the
Airport CLUD 2 Zone to meet the noise mitigation standards found in
Subchapter 3 5.7.4.12 (Exhibit 8) or provide an avigation easement. An
avigation easement conveys to the City of Denton an unobstructed right-of
way for the passage of all aircraft and rights to cause within such easement
such noise, vibration, fumes, dust, fuel particles and all other effects that
may be caused by the operating or craft landing at, raking off from, or
operating at, the Denton Municipal Airport. The proposed Cole Ranch
MPC ordinance will require both an avigation easement and the application
of the noise mitigation standards as shown in Exhibit 8.
Phasing Plan
The proposed Cole Ranch MPC phasing Plan is attached (E~ibit 3). The
master planned community will be developed in eight phases beginning in
2009 in the southeastern portion of the property. The first phase will consist
primarily of single family development. The second phase will be located in
the southwestern portion of the property and also be primarily single family
development. The DISD middle school and high school sites are located in
phases 2 and 3 as well as the proposed two elementary school sites. The
exact location of the elementary school sites are to be determined. Future
phases to the north of FM2449 will have higher density residential and
commercial development in the north eastern part of the development along
the proposed alignment of Loop 288. The northwestern portion of the
property is also residential with some neighborhood services. The proposed
build out date for the development is 2023.
DEPARTMENT AND The Development Review Committee reviewed the rezoning request and
AGENCY REVIEW: provided comments and general information.
Water/Wastewater:
The applicant has provided a preliminary water/wastewater report. At this
time Utilities staff is working with representatives from Robson Ranch,
Hunter Ranch (Inspiration) and Cole Ranch to provide water access to this
area. Additional details regarding public improvements will be required for
each preliminary and final plat submitted by the applicant.
Transportation:
The proposed arterial and collector streets shown on the Cole Ranch
Development Plan will be adopted as part of the City of Denton Mobility
Plan. The location of the future Loop 288 was determined by the Texas
Department of Transportation.
Drainage:
The applicant has provided a preliminary drainage study of the Cole Ranch
site and utility staff has reviewed the plan. Detailed drainage engineering
will be included with the platting process.
FINDINGS: Pursuant to Subchapter 3 5.7.12.6, before approval or adoption of an
application for a MPC Zoning Document, the City Council shall find:
A. That the development proposed furthers the goals of the Denton
Plan.
The Cole Ranch MPC is generally consistent with the goals of the
Denton Plan. The majority of the Cole Ranch MPC consists of
Neighborhood Residential land uses. The Denton Plan addresses
Neighborhood Centers/New Neighborhoods as follows:
The future land use categories are incorporated into the Cole
Ranch MPC in a manner consistent with the Denton Plan. Within
the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in traditional patterns. Mixed use and
mixed housing types will be allowed to develop in a pattern of
"neighborhood centers ". These are oriented inwardly, focusing on
the center of the neighborhood. These neighborhoods will
exempla the interrelationship between quality of development,
density, services and provision of adequate facilities. These
developments should locate the center of the neighborhood within
five to ten minute walking distance fi°om the edge of the
neighborhood. The center contains uses necessary to support the
surrounding neighborhood. These support uses could include
service-oriented retail such as a small grocery, hair salon, dry
cleaner or small professional offices. Residential uses may occur at
higher densities with townhomes or residential flats above service
oriented uses. Open-space occurs in neighborhood centers with
park uses including central neighborhood "greens "and fZoodplain
preservation. Civic uses such as fire stations, schools, libraries,
and mass transportation nodes are encouraged to be essential
elements of neighborhood centers as landmarks that are a focus to
the neighborhood. Ltd. Multistory development in the
neighborhood may be developed to incorporate shops on the
ground floor and offices or residents on the upper floors. The
proposed Neighborhood Residential zoning districts are consistent
with this vision.
The development along the proposed Loop 288 extension is also
consistent with the Employment Centers and Community Mixed use
future land use designations. The proposed zoning will produce a
high level of commercial activity with retail and office uses.
B. In the case of proposed residential development, the development
will promote compatible buildings and uses and that it will be
compatible with the character of the surrounding area.
The neighborhoods centers will promote compatible buildings and
uses. The Cole Ranch MPC will require a minimum floor area of
1, 600 square feet for single family
C. That the provisions for public facilities such as schools, fire
protection, law enforcement, water, wastewater, streets, public
services and parks are adequate to serve the anticipated population
within the MPC District.
Based on the Fiscal (Cost) Impact Analysis conducted by the
applicant the development will provide an adequate tar base for the
provision of public facilities (Exhibit S). Additionally, the Cole
Ranch MPC will be required to dedicate approximately 72 acres of
park land according to Denton Code Sec. 22-33 et seq. Two of the
four schools sites on the Cole Ranch property will be donated to the
DISD. The high school site has been purchased by DISD and the
middle school site has been identified and will be purchased by
DISD in early 2008 and the applicant is in discussions to provide
for a library site.
D. In the case of proposed commercial, industrial, institutional,
recreational and other non-residential uses or mixed-uses, that such
development will be appropriate in area, location and overall
planning for the purpose intended.
The proposed commercial areas including Community Mixed Use
and Employment Centers are appropriate for the locations shown
on the Development Plan Map (Exhibit 2). The Cole Ranch MPC
will be required to follow the site design standards and other
regulations provided in the Denton Development Code. The
deviations fi°om the DDC are minimal and are described in the Cole
Ranch MPC Zoning Document (Exhibit 6).
E. That the development is fiscally sound, as demonstrated in the Cost
Impact Analysis, and is consistent with adopted policies,
infrastructure plans and applicable Capital Improvement Programs
(CIP) and that the Development Plan sets forth the phasing and the
plan for paying for the infrastructure and responsibilities for
payment.
The applicant has performed a Fiscal (Cost) Impact Analysis
(Exhibit 5) that demonstrates the financial stability of the project.
The analysis was reviewed by the City of Denton Finance
Department. The applicant has also submitted preliminary reports
to address drainage, water, wastewater and transportation. The
preliminary reports have been reviewed by City staff and have
found to be acceptable. Detailed engineering will be required as
part of the platting process.
EXHIBIT 2
Proposed Development Plan
EXHIBIT 3
Proposed Phasing Plan
EXHIBIT4
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EXHIBIT 5
Fiscal Impact Analysis
M.T. COLE RANCH
Fiscal Impacts on the City of Denton
Prepared for
THE STRATFORD COMPANY
by
SCHRADER & CLINE, LLC
October 12, 2007
(Revised November S, 2007)
INTRODUCTION
M.T. Cole Ranch is a 3,256 gross (2,041 net developable) acre
Master Planned Community located in the City of Denton. The
exact location of the development is shown in E~ibit 1. This
e~ibit also shows the various zoning categories planned for the
development as well as anticipated future roadways and the
location of four school sites to be utilized by Denton ISD. School
sites have been made available for two elementary schools, a
middle school and a high school.
FUTURE DEVELOPMENT
To forecast future development, a total of thirty-six (36)
development tracts were evaluated (shown in Exhibit 2) based on
the various zoning categories, lot coverages and anticipated uses.
This analysis predicted future development as follows:
COMMERCIAL SQUARE FEET
Retail 1,888,300
Restaurant 273,000
Industrial 1,666,170
Office 2,059,050
TOTAL 5,886,520
RESIDENTIAL UNITS
Single-Family Detached 6,182
Patio Home - SF Attached 2,621
Multi-Family 2,800
TOTAL 11,603
2
DEVELOPMENT TIMING
Timing of future development in Cole Ranch has been divided into
a total of eight (8) phases. Development is anticipated to begin in
the southeastern area in 2009 and then proceed west and north with
final build out expected to occur in 2026, a total of eighteen (18)
years after development begins. The phases and build out schedule
are shown in E~ibit 3. Utilizing the development levels shown in
E~ibit 2 and the phasing and build out schedule shown in Exhibit
3, annual build out of commercial and residential development is
shown in E~ibit 4 and E~ibit 5 respectively. Development in
each phase was spread evenly over the build out schedule. As
development evolves, the annual levels may be more or less than
these projections, but are expected to level out over time.
3
DEVELOPMENT VALUES
Using the annual development levels shown in E~ibits 4 and 5,
Exhibit 6 reflects annual development values based on the cost
assumptions also shown in E~ibit 6. Ultimate development values
are as follows:
COMMERCIAL
Industrial
Office
Retail
Restaurant
VALUE,$M
124.95
247.20
170.10
34.17
SUBTOTAL
RESIDENTIAL
Multi-Family
Patio Homes
Single-Family
SUBTOTAL
576.42
VALUE,$M
336.00
589.78
1,780.43
2,706.21
TOTAL 3,282.63
As shown, the ultimate value of Cole Ranch is expected to be in
excess of $3 billion, with over 80% of that value being residential.
It should be noted, that no increases in value due to inflation or
Appraisal District revaluations, have been included, so this forecast
of value should be considered extremely conservative. Also, only a
20-year time horizon has been used for projected values, so again,
total values are very conservative.
* Single-Family house values are based on minimum house sizes.
4
AD VALOREM TAXES
Each taxing jurisdiction (City, County, DISD) collects taxes on
both real property (land and buildings) but also on business
personal property and inventory (BPP). Using the commercial
development by type as shown in E~ibit 4, and the assumptions as
shown in Exhibit 7, the total of both real and BPP values were
determined as shown in E~ibit 8. Using the total commercial
values from Exhibit 8 and adding the residential values from
Exhibit 5 yields total ad valorem tax values as shown in Exhibit 9.
The total ad valorem tax values from E~ibit 9 were then
combined with the 2007 tax rates to yield the ad valorem tax
income for each taxing jurisdiction as shown in Exhibit 10. The tax
income for DISD has been calculated incorporating the $15,000
homestead exemption. Tax income for the City could have been
adjusted for the $5,000 homestead exemption, but this was not
considered significant based on the highly conservative forecast of
values as mentioned previously.
RETAIL SALES AND SALES TAX
Retail sales and sales tax income have been projected using the
assumptions shown in Exhibit 7 and the forecast of retail and
restaurant development shown in E~ibit 4. The resulting sales and
sales tax income are shown in E~ibit 11. Again, this is a
conservative estimate since no sales tax on materials used for
construction has been included.
5
TOTAL ANNUAL TAXES
E~ibit 12 shows the annual tax income and the total tax income
over the next twenty (20) years for each taxing jurisdiction. As
shown in E~ibit 12, tax income for the anticipated Aldi
warehouse has been noted but not included. Even without the Aldi
development, income to all taxing jurisdictions from the
development of Cole Ranch during the next twenty (20) years
totals almost $1 billion.
COMPARISON OF CITY EXPENDITURES TO CITY INCOME
One method to estimate city expenditures for municipal services
and debt service that the Cole Ranch development will consume is
to calculate Denton's average expenditure per household and the
portion of that expenditure which needs to be realized from ad
valorem and sales tax income. As shown in E~ibit 13, the revenue
per household Denton needs from ad valorem tax and sales tax for
FY 2007 - 2008 is $1,327. The allocation of all City expenditures
to households certainly overstates the value of services consumed
by households because obviously some municipal services are
consumed by businesses. However, we believe that large mixed-
use developments tend to mirror the City as a whole. Here again,
we are being very conservative in the analysis. Also, since no
inflation was included for future development values and the
resulting tax income, no inflation was included for future expenses.
E~ibit 14 compares annual and total City expenditures per
household for operations and debt service required by the Cole
Ranch development with the income generated in ad valorem and
sales tax by the same development. In each year, there is more
income to the City than operating and debt service expense
required from ad valorem and sales tax and that difference
increases each year. Over the next 20 years, the City of Denton is
projected to gain $139 million more in income than expense
required as a result of the Cole Ranch development.
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F,xhihit 7
ASSUMPTIONS
Property tax rates (2007) - $/$100 valuation
City - $0.66652
County - $0.23589
ISD - $1.43400
Business Personal Property Values
Retail - $35/SF
Restaurant - $25/SF
Industrial - $10/SF
Office - $20/SF
Sales
Retail - $200/SF
Restaurant - $400/SF
Sales Tax Rates
City - 1.5%
CTA - 0.5%
14
Exhibit 8
M.T. COLE RANCH
COMMERCIAL AND BUSINESS PERSONAL PROPERTY VALUES (CUM)
BUSINESS PERSONAL PROPERTY VALUE $M
YEAR REAL
PROPERTY
VALUE, $M
RETAIL
@ $35/SF
RESTAURANT
@ $25/SF
INDUSTRIAL
@ 10$/SF
OFFICE
@ $20/SF
TOTAL
VALUE, $M
2007 - - - - - -
2008 - - - - - -
2009 0.18 0.07 - - - 0.25
2010 0.45 0.18 - - - 0.63
2011 6.60 2.28 0.15 - - 9.03
2012 16.29 5.46 0.45 - - 22.20
2013 25.77 8.61 0.73 - - 3 5.11
2014 56.56 12.85 1.20 - 2.92 73.53
2015 117.39 20.02 1.88 2.08 6.82 148.19
2016 172.15 25.13 2.38 4.16 10.74 214.56
2017 227.83 30.45 2.98 6.24 14.64 282.14
2018 283.94 35.84 3.60 8.32 18.56 350.26
2019 3 3 6.17 40.11 4.05 10.40 22.46 413.19
2020 388.43 44.35 4.50 12.48 26.38 476.14
2021 440.54 48.62 4.93 14.56 30.28 538.93
2022 493.08 52.85 5.40 16.66 34.20 602.19
2023 529.60 57.09 5.88 16.66 38.06 647.29
2024 544.84 60.10 6.18 16.66 39.06 666.84
2025 559.66 63.04 6.45 16.66 40.02 685.85
2026 576.42 66.12 6.83 16.66 41.20 707.23
15
Exhibit 9
M.T. COLE RANCH
TOTAL REAL AND BPP PROPERTY VALUES (CUM.)
YEAR COMMERCIAL, $M RESIDENTIAL, $M TOTAL, $M
2007 - - -
2008 - - -
2009 0.25 74.80 75.05
2010 0.63 150.18 150.81
2011 9.03 420.85 429.88
2012 22.20 737.30 759.50
2013 35.11 1,053.65 1,088.76
2014 73.53 1,406.78 1,480.31
2015 148.19 1,747.11 1,895.30
2016 214.56 1,891.23 2,105.79
2017 282.14 2,086.63 2,368.77
2018 350.26 2,225.14 2,575.40
2019 413.19 2,317.85 2,731.04
2020 476.14 2,411.21 2,887.35
2021 538.93 2,503.92 3,042.85
2022 602.19 2,597.28 3,199.47
2023 647.29 2,690.85 3,338.14
2024 666.84 2,696.01 3,362.85
2025 685.85 2,700.81 3,3 86.66
2026 707.23 2,706.21 3,413.44
16
F,xhihit 1 ~
M.T. COLE RANCH
REAL & BUSINESS PERSONAL PROPERTY INCOME
INCOME TO JURISDICTIONS, $M
YEAR REAL & BPP
VALUE, $M
CITY
COUNTY
DISD
2007 - - - -
2008 - - - -
2009 75.05 - - -
2010 150.81 0.50 0.18 1.02
2011 429.88 1.01 0.36 2.05
2012 759.50 2.87 1.01 5.84
2013 1,088.76 5.06 1.79 10.34
2014 1,480.31 7.26 2.57 14.84
2015 1,895.30 9.87 3.49 20.20
2016 2,105.79 12.63 4.47 25.92
2017 2,368.77 14.04 4.97 28.84
2016 2,575.40 15.79 5.59 32.61
2019 2,731.04 17.17 6.08 35.35
2020 2,887.35 18.20 6.44 37.52
2021 3,042.85 19.24 6.81 39.70
2022 3,199.47 20.28 7.18 41.87
2023 3,338.14 21.33 7.55 44.05
2024 3,362.85 22.25 7.87 45.96
2025 3,386.66 22.41 7.93 46.33
2026 3,413.44 22.57 7.99 46.67
2027 - 22.75 8.05 47.13
TOTAL 3,413.44 255.23 90.33 526.24
Based on tax rates of: City -
County
DISD -
$0.66652 / $100 valuation
$0.23589 / $100 valuation
$1.43400 / $100 valuation
17
Exhibit 11
M.T. COLE RANCH
SALES & SALES TAX INCOME
SALES, $M INCOME, $M
YEAR RETAIL RESTAURANT TOTAL SALES, $M CITY (1 1/2 %) CTA (%2%)
2007 - - - - -
2008 - - - - -
2009 - - - - -
2010 0.40 - 0.40 0.01 -
2011 1.00 - 1.00 0.02 0.01
2012 13.00 2.40 15.40 0.23 0.08
2013 31.20 7.20 3 8.40 0.5 8 0.19
2014 49.20 11.60 60.80 0.91 0.30
2015 73.40 19.20 92.60 1.3 9 0.46
2016 114.40 3 0.00 144.40 2.17 0.72
2017 143.60 3 8.00 181.60 2.72 0.91
2018 174.00 47.60 221.60 3.32 1.11
2019 204.80 57.60 262.40 3.94 1.31
2020 229.20 64.80 294.00 4.41 1.47
2021 253.40 72.00 325.40 4.88 1.63
2022 277.80 78.80 356.60 5.35 1.78
2023 302.00 86.40 388.40 5.83 1.94
2024 326.20 94.00 420.20 6.30 2.10
2025 343.40 98.80 442.20 6.63 2.21
2026 360.20 103.20 463.40 6.95 2.32
2027 377.80 109.20 487.00 7.31 2.44
2008 - - - - -
TOTAL 377.80 109.20 487.00 63.08 20.98
18
F,xhihit 12
M.T. COLE RANCH
TOTAL INCOME TO JURISDICTIONS, $M
CITY COUNTY DISD CTA
YEAR REAL
&BPP
SALES
TOTAL REAL &
BPP REAL &
BPP
SALES
2007 - - - - - -
2008 - - - - - -
2009 - - - - - -
2010 0.50 0.01 0.51 0.18 1.02 -
2011 1.01 0.02 1.03 0.3 6 2.05 0.01
2012 2.87 0.23 3.10 1.01 5.84 0.08
2013 5.06 0.58 5.64 1.79 10.34 0.19
2014 7.26 0.91 8.17 2.57 14.84 0.30
2015 9.87 1.39 11.26 3.49 20.20 0.46
2016 12.63 2.17 14.80 4.47 25.92 0.72
2017 14.04 2.72 16.76 4.97 28.84 0.91
2018 15.79 3.32 19.11 5.59 32.61 l.ll
2019 17.17 3.94 21.11 6.08 35.35 1.31
2020 18.20 4.41 22.61 6.44 37.52 1.47
2021 19.24 4.88 24.12 6.81 39.70 1.63
2022 20.28 5.35 25.63 7.18 41.87 1.78
2023 21.33 5.83 27.16 7.55 44.05 1.94
2024 22.25 6.30 28.55 7.87 45.96 2.10
2025 22.41 6.63 29.04 7.93 46.33 2.21
2026 22.57 6.95 29.52 7.99 46.67 2.32
2027 22.75 7.31 30.06 8.05 47.13 2.44
TOTAL 255.23 63.08 318.18 90.33 526.24 20.98
NOTE: This analysis does not include the Aldi development which was originally part of the Cole Ranch request. However, its impact
should be considered when evaluating the Cole Ranch development impact. The impact, based on information provided by Economic
Development --
Aldivalue - ~35Mreal property, ~18MBPP & Inventory -Total ~53M
City of Denton granted 100% tax abatement for 5 years on total value
Income to Jurisdictions -
City: $530,000 $0.66652 = $0.35M /Year for 13 years = $4.56M
County: $530,000 0.23589 = $0.12M I Year for 18 years = $2.16M
DISD $530,000 $1.43400 = $0.76M I Year for 18 years = $13.61 M
19
Fyl-,;h;t 1 ~
M.T. COLE RANCH
EXPENDITURES PER HOUSEHOLD PAID BY AD VALOREM AND
SALES TAX
CITY OF DENTON
FY 2007 - 2008
General Fund Budget $82,766,764
General Debt Service Fund Budget 13,328,088
TOTAL $ 96,094,852
Number of Households
2007 Population (NCTCOG) 113,800
Persons/Household (2005 Census Survey) 2.46
Number of Households 113,800 / 2.46 = 46,260
General Fund and General Debt Service Fund
expenditures per household 96,094,852 / 46,260 = $2,077
Portion of General Fund and General Debt
Service Fund paid by Ad Valorem and
Sales Tax - (per City of Denton Budget Manager) 63.88%
Ad Valorem and Sales Tax needed per
household to pay expenditures - $2,077 X 63.88% = 1327
20
Exhibit 14
M.T. COLE RANCH
COMPARISION OF INCOME VS EXPENSE
YEAR NUMBER OF
HOUSEHOLDS EXPENSE @ $1,327 /
HOUSEHOLD CITY INCOME FROM
COLE RANCH, $M CITY INCOME LESS
EXPENSE, $M
2007 N N N N
2000 N N N N
2009 270
2010 542 0.36 0.51 0.15
2011 1,588 0.72 1.03 0.31
2012 2,845 2.11 3.10 0.99
2013 4,102 3.78 5.64 1.86
2014 5,578 5.44 8.17 2.73
2015 7,023 7.40 11.26 3.86
2016 7,692 9.32 14.80 5.48
2017 8,551 10.21 16.76 6.55
2018 9,214 11.3 5 19.11 7.76
2019 9,664 12.23 21.11 8.88
2020 10,118 12.82 22.61 9.79
2021 10,568 13.43 24.12 10.69
2022 11,022 14.02 25.63 11.61
2023 11,475 14.63 27.16 12.53
2024 11,518 15.23 28.55 13.32
2025 11,558 15.28 29.04 13.76
2026 11,603 15.34 29.52 14.18
2027 ~ 15.40 30.06 14.66
TOTAL 11,603 179.07 318.18 139.11
21
Exhibit 6
Exhibit A
Cole Ranch MPC
Zoning Document
Including
Zoning Districts
Limitations
General Requirements
Site Design Standards
Parking Standards
Signage
Environmentally Sensitive Areas
Gas Well Drilling and Production
Floodplain Reclamation
General Note: Except as clearly and specifically stated herein, the provisions of this document
are subordinate to all ordinances of general application in the City of Denton, Texas. The
provisions of this document do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Cole Ranch MPC. The terms of this document
serve as limited exceptions to the general zoning standards of the City of Denton, only to the
limited extent specified herein, and are intended to be construed narrowly and restrictively. Any
stated exceptions to specific sections of any ordinance or land use standard shall apply only to
the limited extent necessary to achieve the stated exception, and all other requirements of such
cited provisions that are not specifically excepted shall continue to apply in full force and effect
within the Cole Ranch MPC.
Page -1
§ 35.5. shall be excepted as follows:
Upon review and approval of a detailed Development Plan Map for each phase, locating
proposed land uses in a zoning category format, identifying site access, connectivity, and general
public improvements, providing a table showing all the land uses, including the total acreage of
each proposed land use and the total acreage of the project, and showing boundaries reflecting
the phasing plan in conformity with the requirements otherwise associated with a Development
Plan Map, pursuant to Denton Development Code 3 5.3.4., then only those uses listed in the
tables below shall be permitted in each phase of the Cole Ranch development in the areas so
designated on the Phasing Plan map. No use is permitted in any phase until the Development
Plan Map for that phase has been approved, consistent with these defined uses and restrictions.
If there is a question as to whether a use not listed below is permitted, the Director of Planning
shall make a determination whether the use is permitted or prohibited.
NR-3 Single Family Residential
NRMU-12 Neighborhood Residential Mixed Use
12 dwellin units er acre
( g p
NRMU Neighborhood Residential Mixed Use
CM-G Community Mixed Use General
EC-C Employment Center Commercial
IC-E Industrial Center Employment
Zoning districts and limitations shall be the same as for DDC Sub-chapter 5, except as
noted below.
35.5.2.2 is excepted to allow these Permitted Uses
A. Equestrian Facilities (boarding of horses only) is a permitted use with an SUP in
NR-3.
B. High School is a permitted use in NR-3. School facilities in ACLUD zone are
limited to athletic facilities, parking lots, maintenance facilities,
communications facilities, trails, agricultural facilities and open space. No
classrooms or administrative offices, except athletic, maintenance,
communications and agricultural offices, are permitted in ACLUD zone.
C. Construction Materials Sales is a permitted use in CM-G.
D. Library facilities are a permitted use within NR-3.
35.5.2.3 General Regulations
The following exceptions are allowed as part of the Subchapter 35.5.2.3 General
Regulations Table:
Page - 2
A. Regarding "Maximum density, dwelling units per acre," in all Neighborhood
Residential categories, individual building permits or subdivision plats may be
approved with densities exceeding the maximums; however the density in any
development pod as shown on the Development Plan Map may not exceed the
maximum for that zoning category. Density will be calculated as base density as
defined in Subchapter 23 of the Denton Development Code.
B. Minimum side yard for non-attached buildings in NR-3 is 5 feet.
C. Minimum landscaped area in NR-3 is 50%.
D. Maximum lot coverage for single family attached uses only in NRMU-12 is
75%; Minimum landscape area is 25%.
§ 35.5.8. shall be excepted to provide the following additional limitations with respect to the
zoning classifications and use designations defined by this document:
35.5.8 Limitations
L(6) is excepted to allow the following:
Permitted only on 2nd story and above, when an office, retail or other permitted
commercial use is on the ground floor within 300 feet of any public collector or
arterial street (as shown on the thoroughfare plan); otherwise, office or retail
uses are not require .
L(11) is excepted to allow the following:
Drive throughs are allowed. Drive throughs and associated stacking may not be
located between the building and street right-of way.
L(17) is excepted to allow the following:
Uses are limited to no more than 25,000 sf of gross floor area per use, except
grocery stores, which may be up to 65,000 sf of gross floor area. No exceptions
maybe allowed by SUP process.
General Regulations shall be the same as for DDC Sub-Chapter 12, except as noted below:
35.12.5 Minimum Floor Area Requirements
The first sentence is excepted to allow as follows:
The minimum air-conditioned floor area requirement for single family dwellings,
including modular homes or any pre-manufactured home in any zoning district is
1600 square feet per unit.
35.12.6 Minimum Residential Lot Size
35.12.6 is excepted to allow as follows:
Page - 3
Each detached single family residential unit must be built on a minimum 4,500 square
foot lot. Each attached single family residential unit must be built on a minimum
1,200 square foot lot.
35.13.7 Tree Preservation and Landscaping Requirements
35.13.7.2.C shall be modified to include street right of way as an exemption
The Landscape and Tree Canopy Requirements Table on page 13-14 of the DDC
is excepted for NRMU and NRMU-12 zoning districts as follows:
1. In the NRMU-12 District, a 25% Tree Canopy Cover shall be required for
single family attached uses only.
2. In the NRMU District, a 20% Tree Canopy Cover shall be required for
commercial and vertical mixed use developments. Residential uses will provide a
minimum of 40% tree canopy.
35.13.7.C Street Tree Requirements are excepted as follows:
35.13.7.C.3.a.ii Multi-Family Residential Townhome and Non-Residential
Developments -spacing of street trees shall be one (1) tree for every 50 linear feet of
street frontage, minimum.
35.13.8 Buffer and Screening Requirements
35.13.8.A.l.a Add the following sentence:
No buffer is required when anon-residential or multi-family use is abutting to a
residentially zoned greenbelt /open space of 200 feet or more in width.
35.13.8.A.2.a.iii shall be added as follows:
111. A masonry wall constructed of a decorative concrete masonry unit, or faced
with brick veneer with the finished side facing the residential use or zoning
district; the masonry used for the buffer wall shall be the same as that used for
the non-residential ormulti-family development.
35.13.10 Access, Parking and Circulation Requirements
35.13.10.B.1.C shall be excepted to read as follows:
Parking lots with greater than 200 spaces shall be divided into separate areas and
divided by landscaped areas or walkways at least 10 feet in width, or by a building or
group of buildings. This applies only to a development with a single building of
65,000 square feet or larger.
Page - 4
35.13.1o.C.2.b shall be excepted to read:
b. A minimum 1 o foot wide landscape area planted with one large tree for every
50 linear feet, except along areas where parking in front of buildings is
permute .
35.13.1o.C.3.a shall be excepted to read:
a. Parking lots shall be separated from the street right-of way line by a
minimuml5' landscape area to reduce visual impacts.
35.13.1o.C.3.b shall be revised to read as follows:
b. The 15 foot landscape area may overlap into a Public Utilities Easement (PUE)
where such PUE exists adjacent to the street right-of way, but in no case may
trees be planted within the PUE.
35.13.1o.C.3.c shall be excepted to read as follows:
c. A landscape berm with a maximum 1 on 4 side slope on both sides, or a 3 foot
high wall made of any combination of wrought iron, masonry, stone or
decorative concrete panels, shall be designed within the 15' landscape area to
help screen the parking lot.
35.13.13 Site Development Requirements
3 5.13.13 . l .A shall be excepted to add the following:
8. Masonry Fireplace with projecting chimney mass
35.13.13.1 shall be revised to read as follows:
B. Front-facing garage doors on single-family detached houses shall not occupy
more than 40% of the total building frontage. Front-facing garage doors that are
at least 30 feet behind the house front may exceed the 40% frontage minimum.
Garages may extend beyond the house front on no more than 30% of lots in any
phase.
C. Houses with the same elevation (represented by "A" below) must be separated
by a minimum of three lots whether located on the same side of the street or the
opposite side.
T - -- -
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Page - 5
Excepted from application.
35.13.13.2 Multiple Unit Residential Dwellings and Multi-Family Developments are
excepted to read as follows:
35.13.13.2.A.l.i shall be excepted to read as follows:
Accessory structures such as carports and storage units (but not including garages,
leasing offices, club houses or recreation centers) shall not be located along a public
right-of way and/or private street system.
35.13.13.A.1.j shall be excepted to read as follows:
Garages shall not be located along the portion of the building that fronts a public
right-of way. When garages front a private street, they must observe a minimum set
back of 20 feet from the street curb.
Parking Standards shall be the same as for DDC Sub-chapter 14, except as noted below:
35.14.4 Spaces Required
35.14.4.A.1 shall be excepted as follows:
Single family dwellings -Two (2) spaces per dwelling unit; in single family attached
dwellings only, the spaces may be tandem parking spaces.
Signage standards and procedures shall be the same as for DDC Sub-chapter 15, except as
noted below:
35.15.17.5 of the Denton Development Code shall be amended to include the following graphic
exception for effective area of signs within NR-3, NRMU-12 and NRMU districts.
~#
- - - - -
r
~ ~
Requirements for Environmentally Sensitive Areas shall be the same as for DDC Sub-
chapter 17, except as noted below:
Page - 6
35.17.7 Undeveloped Floodplain Development Standards
35.17.A.6 shall be excepted to read as follows:
Parks, open space, recreational uses, trails, walkways and bike paths (including paved
trails, walkways and bike paths up to 12 feet in width).
35.17.7.C shall be modified by replacing the first sentence with "Filling or alteration
of any flood plain of a stream that drains either more or less than one square mile is
prohibited unless the proposed fill and/or alteration meets the following requirements:
1. Subchapter 19 -Drainage Standards except for any provision that prohibits
filling or alteration of flood plain areas within a drainage basin of greater than
one square mi e.
2. Any impacts to ESAs will be mitigated in conformance with Section 35.17.12
as modified by these Development Standards.
3. Any fill within any flood plain area shall be offset by an equal amount of
excavation in the same general area resulting in no net loss of valley storage
regardless of the size of the drainage basin.
4. The lowest finished floor elevation of all habitable residential structures shall
be a minimum of 24 inches above the adjacent 100-year base flood elevation
based on encroached stream conditions as contained in the appropriate Flood
Insurance Study, or if unavailable, based on ultimate watershed development
conditions.
35.17.8 Riparian Buffer and Water Related Habitat Development Standards
35.17.8.A.1 shall be excepted to read as follows:
Up to l o% of the area maybe disturbed for public or private yard structures including
but not limited to: gardens, yards, trails, and clearings, but which are no closer than
25 feet from the stream band or riparian buffer. No disturbance is permitted in
delineated wetlands unless as permitted under a USCE Section 404 Permit and/or an
approved ESA Mitigation Plan
3 5.17.8.A.10 add to include the following:
Parks, open space, recreational uses, trails, walkways and bike paths are permitted
within the jurisdictional areas subject to USAGE approval. However, encroachment
of a total of one third of half of the width of the stream buffer as measured from the
outer edge of the stream buffer inward is permitted. Trails and sidewalks can be
located along only one side of the stream within the stream buffer. Pedestrian bridges
are permitted encroachments across stream buffers.
35.17.12 Mitigation of Environmentally Sensitive Area Disturbance
Section 35.17.12 shall be replaced in its entirety with the following:
In the event that the Developer wants to propose impacts to the ESAs, then the
following provisions shall apply. These provisions apply only to the proposed ESA
impacts and mitigation. Any other deviations from the Denton Development Code
Page - 7
would be addressed in accordance with the procedures for an Alternate Development
Plan (ADP) in conformance with Section 35.13.
1. Mitigation of any ESA disturbance will be allowed subject to approval of an ESA
Mitigation Plan including any one or combination of the following measures:
a. Enhancement of existing ESA's within the Cole Ranch MPC at a 2:1 ratio of
enhanced ESA to original ESA. Enhancement shall be defined as providing
additional vegetative plantings to an existing ESA for the purposes of
increasing the ecological quality in exchange for the inherit loss of net ESA
land. Enhancement of existing environmentally sensitive areas must bring the
natural habitats enhanced to the same quality as the ESAs removed. Priority
for enhancement shall be given to environmental sensitive areas for which
quality was determined to be "poor" or "fair" in the ESA Assessment
documents approved by the Planning Director. For example, if one acre of
existing ESA were removed, then under the enhancement option, the
developer would be required to enhance the plantings in two acres of existing
ESA. This example would result in the net loss of one acre of ESA land area.
b. Relocation of the ESA to protected open space areas outside the original ESA
areas on an acre-for-acre basis. Relocation shall be defined as replacing the
original ESA, as closely as possible with respect to vegetative planting,
hydrology and land area. For example, if one acre of ESA were removed,
then under the relocation option, the developer would be required to construct
a new one acre ESA in an open space location outside of any existing ESA.
This example would result in no net loss of ESA land area.
c. Implementation of best management practices addressing impacts to
ecological functions and water quality.
Mitigation of any impacts to USCE jurisdictional areas will also serve as the
mitigation for any impacts to ESAs that fall within the same impacted area.
2. ESA Mitigation Plan -Requirements
An ESA Mitigation Plan shall include the following specific items:
a. Delineation of existing ESAs based on the approved ESA Review and/or ESA
Assessment.
b. Overlay of proposed development activity necessitating the need to impact the
existing ESAs.
c. Delineation of ESAs impacted including a chart with each impact area
numbered or lettered and an acreage or square footage calculation of the
respective impacted area.
d. Construction plans and details for the implementation of the ESA Mitigation
Plan including plans for grading, planting, erosion control and irrigation
(temporary or permanent).
e. Specifications for construction methods and materials.
f. A Mitigation Plan Summary Table providing calculations that demonstrate the
appropriate mitigation ratio of enhanced or replaced ESA to existing ESA.
Page - 8
g. An Inspection Schedule for the proposed improvements consistent with the
type of improvements being proposed and the necessary timing to allow for
city staff inspection.
3. ESA Mitigation Plan -Process
An ESA Mitigation Plan will be submitted to the City for review concurrent with
an application for preliminary plat for residential subdivision uses or with an
application for a site plan and/or final plat for non-residential uses.
Upon determination that the ESA Mitigation Plan is in conformance with the
Denton Development Code and the Cole Ranch MPC Development Standards, the
Director of Planning and Development will approve the ESA Mitigation Plan
subj ect to any applicable conditions of approval.
The Developer may appeal any non-approval action by the Director of any ESA
Mitigation Plan to the Planning and Zoning Commission in accordance with
Section 35.3.7.
The Developer may proceed with construction of the development project,
including the mitigation improvements, upon the approval of the ESA Mitigation
Plan, posting of a cash bond, surety bond or letter of credit in an amount equal to
100% of the estimated cost of the plantings and any other approvals and permits
required by the Denton Development Code appropriate for the particular
development project.
The mitigation improvements will be inspected by City Staff during the
construction period in accordance with the Inspection Schedule as described
above and must be deemed substantially complete in accordance with the
approved plans by the Director prior to issuance of building permits for residential
projects (except for model homes) and prior to certificate of occupancy for non-
residential projects.
4. ESA Mitigation Standards
The standards by which any mitigation plan will be reviewed for approval will be
dependent on the type of ESA being impacted and whether replacement and/or
enhancement of the impacted ESA is being proposed.
However, the following general guidelines will apply to all Cole Ranch ESAs and
any proposed impacts and subsequent mitigation.
1. All development plans and plats shall use best efforts to avoid and/or
minimize impacts to ESAs to the extent practical within the context of a
master p anne community.
2. The total aggregate of impacted ESA acreage shall not exceed 25% of the
baseline 503 acres of existing ESA on the Cole Ranch MPC as a result of
residential or commercial development. Impacts to ESAs by or on behalf of
federal and state entities and public utilities, as defined in Subchapter 23 of
the DDC, shall not apply to the 25% maximum acreage impact.
Page - 9
3. Proposed mitigation for ESA impacts shall generally be in-kind and located
within the Cole Ranch MPC area.
4. Proposed mitigation for ESA impacts shall take into consideration the
resulting ecological function of the remaining area and water quality
associated with storm water runoff resulting from any net loss of ESA.
The following mitigation standards shall apply to any impacts to ESAs within an
undeveloped floodplain, riparian buffer or water related habitat:
1. Mitigation of impacts shall be accomplished by a) replacement of the
ESA, b) enhancement of an existing ESA or open space area, or c) a
combination of both.
2. Replacement of ESAs shall be an acre-for-acre and based on an inventory
of hydrology, ground cover, shrubbery and trees within the area of impact
performed prior to the area being disturbed. Replacement of ESA
vegetation can exceed the amount of original vegetation for the area, but
in no case be less than originally existed. All replacement trees shall be a
minimum of 2" caliper and shrubs shall be a minimum of one gallon
container. The species of replacement trees, shrubs and ground cover
shall be the same as practical to the vegetation being replaced with a
deliberate effort being made to produce a sustainable environment free of
undesirable plant materials consistent with the City's Native Plant List.
Replacement streams shall have substantially the same hydrology and at
least the same overall length as the original stream.
3. In the event that new information, approved by FEMA and the City of
Denton, indicates an increase in floodplain area, the increased area shall
not be considered ESA floodplain and shall not be subject to mitigation
requirements. The 503 acres of environmental sensitive areas shall prevail
as the baseline conditions to determine mitigation and maximum ESA
impacted areas.
4. Enhancement of other existing ESAs or open space areas for mitigation of
ESA impacts shall be provided on a minimum 2:1 ratio of enhancement to
original ESA acreage. The 2:1 ratio shall apply to the acreage being
impacted and mitigated. All enhancement trees shall be a minimum of 2"
caliper and shrubs shall be a minimum of one gallon container. The
species of enhancement trees, shrubs and ground cover shall be the same
as practical to the vegetation being replaced with a deliberate effort being
made to produce a sustainable environment free of undesirable plant
materials consistent with the City's Native Plant List.
5. ESA Mitigation Monitoring and Reporting
The Developer will prepare an annual report each year for three consecutive years
beginning 12 months following the commencement of the implementation of an
ESA Mitigation Plan for the purposes of describing the cumulative construction
work that has been performed up to the date of the reporting period and to report
on the current survivability of the plantings. These annual reports will be
submitted to the city for review and inspection.
Page -10
6. ESA Planting Survivability and Replacement
Upon completion of the three-year monitoring and reporting period, the City shall
inspect the plantings and determine whether ninety percent (90%) of the plantings
are healthy and have a reasonable chance of surviving to maturity. Upon such a
finding, the City shall release the currency, bond or letter of credit. In the absence of
such a finding, the Applicant shall be notified to replace any unhealthy or dead
plantings. If the applicant does not take remedial steps to bring the property into
compliance, the City shall make demand for payment on the cash bond, surety bond,
or letter of credit. The City may use all legal remedies to enforce this provision in
addition to making demand on the security provided herein.
Gas Well Drilling and Production standards shall be the same as for DDC Sub-chapter 17,
except as noted below:
35.22.3.A shall be excepted to read as follows:
The drilling and production of gas within M. T. Cole Ranch MPC shall be permitted
only on those gas well tracts designated on the Development Plan Map, provided that
no residential structure or place of assembly, institution or school exists within two
hundred feet (200') from the wellhead and provided that the drilling and production
of gas meets the following requirements:
1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas
Well Drilling and Production.
2. An approved Gas Well Development Plat and a Road Damage Remediation
Agreement are on file with the Director.
3. A Gas Well Permit has been issued by the Fire Marshall.
4. A Watershed Protection Permit for wells located in the Flood Fringe or other
ESA's.
These requirement will apply whether the gas well or structures were constructed
first.
35.22.3.B shall be deleted and Items C, D and E shall be re-lettered to become Items
B, C and D.
35.22.5 Standards for Gas Well Drilling and Production
35.22.S.A.2.n shall be excepted to read as follows:
All well heads, storage tanks, separation facilities or other mechanical equipment
located within 200' of an adjacent right of way or property and not within a
floodplain shall be screened from the residential property with an 8' high solid screen
cedar fence, good side facing the residential property.
35.22.S.A.2.o shall be added to read as follows:
Page -11
Each leased tract for gas well drilling and production shown on the Development Plan
Map shall have a perimeter buffer 50 feet in width, extending around the full internal
perimeter of the tract which consists of undisturbed ground with native vegetation.
No grading, clearing, grubbing or scarring of the ground is permitted within this 50'
buffer zone.
35.22.S.A.3.b shall be excepted to read as follows:
Directional lighting shall be provided for the safety of gas well drilling and
production operations and shall be provided so as to not cause light levels greater than
.5 fc to fall on the perimeter property line, measured 4' 0" above the ground level.
Drainage Standards shall be the same as set forth in DDC Subchapter 19 except as follows:
35.19.4.D.1 Floodplain Restrictions
The second sentence shall be replaced with the following:
These floodplain areas shall be preserved from all destruction or damage
resulting from clearing, grading or dumping of earth, waste or material, or
stumps, unless the proposed fill or alteration of the f loodplain is part of a 1~laster
Planned Community (NIPC) and the resulting hydraulic condition is consistent
with the requirements of Sections 35.19.5 and 35.19.6 and these Cole Ranch
Development Standards.
35.19.4.D.2 Creek Restrictions
The first sentence shall be replaced with the following:
Major creeks shall remain in an open natural condition except for permitted fills
and alteNations that are a paNt of a MPC and consistent with the requiNements of
Sections 35.19.5 and Section 35.19.6 and these Cole Ranch Development
StandaNds; smaller creeks oN dNainage ways may be channelized if allowed by
Subchapter 17 provided they meet the criteria of the Drainage Criteria Manual.
35.19.6.I Floodway and Drainage Related Minimum Elevations
l.a shall be replaced with the following:
Lots shall have a minimum elevation for the finished grade of the buildable area
(including parking areas) of the lot of one (1) foot above the adjacent 100 yeah
base flood elevation (based on encroached stream conditions as contained in the
appNOpriate Flood InsuNance Study or, if unavailable, based on ultimate
watershed development conditions) for non-residential land uses and a minimum
elevation of one and a half (1.5) feet above the adjacent 100 yeah base flood
elevation (based on encroached stream conditions as contained in the appropriate
Flood Insurance Study or, if unavailable, based on ultimate watershed
development conditions) for residential land uses. See Table in Section 12.2.
The first sentence of l .b shall be replaced with the following:
Page -12
Minimum finished floor elevations for proposed development areas within the
floodway fNinge shall be eighteen (18) inches above the 100 year frequency wateN
surface elevation (based on encroached stream conditions) for non-residential
land uses and twenty fouN (24) inches above the 100 year frequency wateN surface
elevation (based on encroached stream conditions) for residential uses. See
Table in Section 12.2.
35.19.6.E Procedures for Floodplain Alteration
The first paragraph shall be replaced with the following:
Fill and/or alteration of flood plains, containing drainage areas of one square
mile or less, which is not unreasonably damaging to the environment is permitted
where it will not create other flood problems. Floodplain reclamation in
watersheds containing drainage areas greater than one square mile may be
allowed as proposed in the Cole Ranch MPC in accordance with the requirements
of Subchapter 19, the Drainage Criteria Manual and these Cole Ranch NIPC
Development Standards. The following are the engineering criteria for such
requests.
35.19.6.N.3 Valley Storage
The last two sentences of this paragraph shall be replaced with the following:
The City restNicts the valley storage loss to zero peNCent (0%) reduction foN all
creeks. Excavation designed to offset any loss in valley storage as a result of fill
in the floodplain shall be peNformed within the same aNea as the fill placement in
an effort to keep the base flood elevation resulting from the fill and excavation as
close as possible to the original base flood elevation. In sections of the stNeam
where this is not practical, the City Engineer may approve valley storage
excavation either upstream or downstream of the floodplain fill as long as there is
no incNease on the base flood elevation on any adjacent pNOperties and theNe are
no adverse impacts upstream or downstream of the property. In no case shall any
Nise in the base flood elevation be moNe than one foot even on the subject
property. During the construction process, any fill in the floodplain shall be
peNformed at the same time as the respective excavation to Nesult in no net loss of
valley storage at any given time.
Drainage Criteria Manual shall be the same as set forth in the DDC Subchapter 19 except
as follows:
Section 2.6 Floodway Development
The first sentence shall be replaced with the following:
Developments other than flood control structures shall not be permitted within the
100 year floodway in accoNdance with Sections 35.16 and 35.19 of the Denton
Development Code of Ordinances governing flood protection.
Section 8.1.A Open Channels -Applicable Design Criteria
The first sentence shall be replaced with the following:
Page -13
All channels with contributing drainage basins larger than one square mile shall
Nemain in their natural condition except as part of the floodplain Neclamation
proposed for Cole Ranch MPC in accordance with the requirements of
SubchapteN 19, the Drainage CNiteria Manual and these Cole Ranch MPC
Development Standards.
Section 12.2 Floodway Fringe Development
Subsection A shall be replaced with the following:
A. Minimum finished flooN elevations for proposed development areas within the
floodway fringe shall be eighteen (18) inches above the 100 year frequency
water suNface elevation (based on encNOached stNeam conditions) foN non-
residential land uses and twenty four (24) inches above the 100 year
fNequency water suNface elevation (based on encNOached stream conditions)
for residential uses.
Minimum Building Elevations Above 100-Year Flood
Buildin . Type Finished Grade Finished Floor
Residential 18" 24"
Non-Residential 12" 18"
Add new Subsections C and D to limit any possible floodway fringe reclamation,
fill or alteration to specific areas of the Cole Ranch MPC as follows:
C. Floodway fringe development including reclamation, fill and/or alteration of
the floodway fNinge is specifically limited on the Cole Ranch MPC in the
following areas as described below and as shown on the Cole Ranch
PNeliminary Floodway Fringe Development Exhibit.
1. Northwest and southeast sides of NRCS Lake No. 12.
2. Drainage ditch that connects the overflow pipe from NRCS Lake No.
12 to the aNea just downstNeam of the dam on NRCS Lake No. 13. This
drainage ditch will be replaced by a new channel that will restore the
oNiginal stream path diNectly to HickoNy Creek.
3. Two (2) drainage swales north of NRCS Lake No. 14 that are tributary
to the noNth side of RoaNk Branch.
4. West and east sides of NRCS Lake No. 13.
D. Floodway fringe development will require approval of the City of Denton,
FEMA (for any FEMA regulated flood hazard areas), Texas Commission on
Environmental Quality (for any modifications to the dams and spillways of
the NRCS lakes) and the NatuNal Resources Conservation Service (foN any
modifications to the NRCS lakes, dams and spillways).
Appendix A Definitions
The title of the definition for "Flood Fringe" shall be changed to "Floodway Fringe " to be
consistent with Section 12.2
Page -14
Page -15
Exhibit 7
Cole Ranch MPC
Requirements and Conditions
Including
Park Dedication
HOA Requirement
Avigation Easement
Airport Compatibility Land Use District
General Note: Except as clearly and specifically stated herein, the provisions of this document
are subordinate to all ordinances of general application in the City of Denton, Texas. The
provisions of this document do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Cole Ranch MPC. The terms of this document
serve as limited exceptions to the general zoning standards of the City of Denton, only to the
limited extent specified herein, and are intended to be construed narrowly and restrictively. Any
stated exceptions to specific sections of any ordinance or land use standard shall apply only to
the limited extent necessary to achieve the stated exception, and all other requirements of such
cited provisions that are not specifically excepted shall continue to apply in full force and effect
within the Cole Ranch MPC.
Page -1
PARKLAND DEDICATION
The Cole Ranch MPC will be required to dedicate park land to the City of Denton according to
the requirement found in the Park Land Dedication Ordinance 98-039. The park land dedication
will be calculated by each development phase. Any open space or park area not dedicated to the
City of Denton will be owned and maintained by the Cole Ranch homeowners association as
required in the Cole Ranch MPC ordinance.
HOA REQUIREMENT
One or more Property Owner Associations (POA) shall be established. The POA will be
responsible for the maintenance of all common property not dedicated to the city of Denton.
Documents establishing the POA must be submitted as part of the final plat application,
providing for the maintenance, repair, and/or replacement obligations of the POA for private
roads, alleys, Gates, fences, street lighting, drainage items and/or other like held facilities and/or
common areas, there appurtenances and/or other associated ancillary items and improvements,
shall be incorporated into the final plat.
a. The POA must provide for the power to file a lean, to foreclose, or to otherwise secure
payment from property owners concerning the maintenance, repair and replacement, in
part or in whole, of all privately held common areas, including but not limited to,
drainage items, street lighting, and other appurtenances and or other associated ancillary
items.
b. The Association documents must be submitted to, reviewed by an approved by the city
attorney prior to the final plat approval.
c. The property owners Association may not be dissolved, nor may deed restrictions and
covenants providing for maintenance of common areas be deleted or amended, without
prior written consent of the City Council of the City of Denton, by way of plat
amendment.
d. The final plat and restrictive covenants shall contain language whereby the Property
Owners Association, as owner of various private improvements within a private street, lot
or easement, agrees to release, indemnify, defend and hold harmless the city from claims
and suits for property damage or bodily injury (including death) arising from the
condition, use our operation of any privately owned streets or facilities.
AVIGATION EASEMENT
The applicant shall dedicate an avigation easement to the city of Denton as a required
component of final plat approval, approved as to form by the city attorney, conveying to the City
of Denton an unobstructed right-of way for the passage of all aircraft and rights to cause within
such easement such noise vibration, fumes, just, fuel particles and all other effects that may be
caused the operating or aircraft landing at, taking off from, or operating at, the Denton Municipal
Airport.
The easement will be applicable to any lot of the Property that falls wholly or partially within the
Airport Compatibility Land Use District 2 (ACLUD2) zone as described in Subchapter 3 5.7.4
Denton Municipal Airport Overlay District in the Denton Development Plan. The avigation
easement will be shown on preliminary plats and all final plats.
Page - 2
AIRPORT COMPATIBILITY LAND USE DISTRICT
In addition to providing an avigation easement as described above, all residential uses within
Airport Compatibility Land Use District 2 will meet the Noise Mitigation Standards provided in
Subchapter 3 5.7.4.12. The Noise Mitigation Standards.
Page - 3
EXHIBIT 8
Noise Standards for ACLUD 2 Zone
35.7.4.12 Noise Mitigation Standards.
The following standards are intended to provide for the insulation of the interior of buildings to
an Ldn 45 or less from outside noise levels over Ldn 65. The Building Official may approve of
alternative standards upon the submission of plans signed by a qualified acoustical engineer
certifying that the alternative standard will reduce outside noise levels to 45 Ldn or less inside the
building. The standards shall be applied to construction of new residential or noise-sensitive
commercial uses, and for reconstruction or remodeling, to existing buildings of the types
mentioned above when the value of the improvement exceeds 50 percent of the value of the
existing structures. The standards, however, shall apply to and addition to an existing residential
or noise sensitive commercial structure. Where noise-sensitive activities are carried on in only a
portion of new or reconstructed commercial buildings, only those areas judged noise-sensitive
need to be protected.
A. General
1. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed
airtight. All j oints shall be grouted or caulked airtight.
2. At the penetration of exterior walls by pipes, ducts, or conduits, the space
between the wall and pipes, ducts, or conduits shall be caulked or filled with
mortar.
3. Window and/or through the wall HVAC type units shall not be used.
4. Operational, vented fireplaces shall not be used.
5. All sleeping spaces shall be provided with a sound absorbing ceiling and carpeted
floor.
6. Through the wall/door mailboxes shall not be used.
B. Exterior Walls
1. Masonry walls having a surface weight of at least 40 pound per sq ft do not
require a furred interior wall. In areas over 70 Ldn, masonry walls having a
surface weight of at least 75 pounds per sq ft do not require a furred interior wall.
At least one surface of concrete block wall shall be plastered or painted with
heavy "bridging" paint.
2. Stud walls shall be at least four inches in nominal depth and shall be finished on
the outside with siding on sheathing, stucco, or brick veneer.
a. Interior surface of the exterior stud walls shall be of gypsum board or plaster
at least 1/2 inch thick, installed on the studs. The gypsum board or plaster may
be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the
exterior is siding-on-sheathing, the interior gypsum board or plaster must be
fastened resiliently to the studs.
b. Continuous composition board, plywood, or gypsum board sheathing shall
cover the exterior side of the wall studs behind wood or metal siding. The
sheathing and facing shall weigh at least four pounds per sq ft.
c. All edges of the sheathing shall be sealed with resilient caulking.
EXHIBIT 9
Current Zoning Map
d. Insulation material at least two inches thick shall be installed continuously
throughout the cavity space behind the exterior sheathing and between wall
studs. Insulation shall be glass fiber or mineral wood.
C. Windows
1. Glass ofdouble-glazed windows shall be used and at least 1/8-inch thick.
2. Double-glazed windows shall employ fixed sash or efficiently weatherstripped
operable sash. The sash shall be rigid and weatherstripped with material that is
compressed airtight when the window is closed.
3. Glass of fixed-sash windows shall be sealed in an airtight manner with a
nonhardening sealant, or a soft elastomeric gasket or glazing tape.
4. The perimeter of the window frame shall be sealed airtight to the exterior wall
construction with a resilient sealant.
5. The total area of glass of both windows and exterior doors in sleeping spaces
shall not, exceed 20 percent of the floor area.
D. Doors
1. All exterior side-hinged doors shall be solid-core wood or insulated or hollow
metal at least 1.75 inches thick and shall be fully weatherstripped.
2. The glass of double-glazed sliding doors shall be at least 3/16 of an inch thick
and separated by a minimum 1/2-inch airspace. The frame shall be provided with
an efficiently airtight weatherstripping material.
3. The perimeter of door frames shall be sealed airtight to the exterior wall
construction.
4. Glass in doors shall be set and sealed in an airtight nonhardening sealant, or a
soft elastomeric gasket or glazing tape.
E. Roofs
1. With an attic or rafter space at least six inches deep, and with a ceiling below, the
roof shall consist of 1/z-inch composition board, plywood, or gypsum board
sheathing topped by roofing as required.
2. If the underside of the roof is exposed, or if the attic or rafter space is less than
six inches, the roof construction shall have a surface weight of at least six pounds
per sq ft, except that, in areas over 70 Ldn, the roof construction shall have a
surface weight of at least nine pounds per sq ft. Rafters, joist, or other framing
may not be included in the surface weight calculation.
3. Window or dome skylights shall be double-glazed and separated by minimum 1/2-
inch airspace. In areas over 70 Ldn, skylights are not permitted.
F. Ceilings
1. Gypsum board or plaster ceilings at least 1/2-inch thick shall be provided, where
required by Section 3 5.7.4.12.A.5. Ceilings shall be substantially airtight, with
minimum number of penetrations.
2. Glass fiber or mineral wood insulation at least six inches thick shall be provided
above the ceiling between joists.
G. Floors
The floor of the lowest occupied rooms shall be slab on grade, below grade, or over a
fully enclosed basement. All doors and window openings in the fully enclosed
basement shall be tightly fitted.
H. Ventilation
1. A mechanical ventilation system shall be installed that will provide the minimum
air circulation and fresh air-supply requirements for various uses in occupied
rooms, without need to open any windows, doors, or other openings to the
exterior.
2. Gravity vent openings in the attic shall not exceed code minimum in number and
size. The openings shall be fitted with transfer ducts at least three feet in length,
containing approved internal sound-absorbing duct lining. Each duct shall have a
line 90-degree bend in the duct such that there is no direct line of sight from the
exterior through the duct into the attic.
3. If a fan is used for forced ventilation, the attic inlet and discharge openings shall
be fitted with sheet metal transfer ducts of at least 20-gauge steel, which shall be
lined with one-inch thick approved duct liner, and shall be at least five-feet long
with one 90-degree bend. In areas over 70 Ldn, the duct lining shall be at least 10
feet long.
4. All vent ducts connecting the interior space to the outdoors, excepting domestic
range and dryer exhaust ducts, shall contain at least a 1 o-foot length of approved
internal sound-absorbing duct lining. Each duct shall be provided with a line 90-
degreebend in the duct such that there is no direct line of sight through the duct.
5. Duct lining shall be coated glass fiber duct liner at least one-inch thick, approved
and suitable for the intended use.]
6. Domestic range and dryer exhaust ducts connecting the interior space to the
outdoors shall contain a baffle plate across the exterior termination that allows
proper ventilation. The dimensions of the baffle plate should extend at least one
diameter beyond the line of sight into the vent duct. The baffle plate shall be of
the same material and thickness as the vent duct material and shall have the same
free area as the vent duct.
7. Building heating units with flues or combustion air vents shall be located in a
closet or room closed off from the occupied space by doors.
8. Doors between occupied space and mechanical equipment areas shall be solid-
core wood or 20-gauge hollow metal at least 1.75 inches thick and shall be fully
weatherstripped.
EXHIBIT 10
Proposed Zoning Map
EXHIBIT 11
Future Land Use Map
EXHIBIT 12
Notification Map
EXHIBIT 13
Letters in Response to Notification
NOTICE OF PUBLIC HEARING
a.os
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EXHIBIT 14
Denton Municipal Airport Board Letter of Support
From: *~i~k 1~If~lk" ~r_li~lk~ - ~
T~: ~L~ri.h~l~ar~~itf~d~t~r~_~arr
~ "Tm ~fhi~rr~n"' ~Tm_V1~hi~rrar~~f~d~nt~n_~m~
Dom: ~ ~1~ ~: I
u~t ELF ~ . L_~_
Luria
By the authonly of the Denton Muniapel Airport Ad~say Boe~d action, at
the November 20Q7 «~4ng, I am writing to advise you that the Ai~pa# Bo~~d
endorsed the curren# d~relnpment plan as p~esented_ ff significant changes
deti-elo~ Rnor to yoinq ~o Planryng and Zoning, uu~ would appreciate an
~~-
The~ wss discussion lhat we appreaabed the developer beirtig wiing ba
include the Avigation Easement an all pro~ities in the cane as descried
in the Heigh, Noise, Zonirx~ Oradinance pissed 6y the Oily Cn~nal in the
~1y 199[)'s_ 1Ne also appreciate the developer aclmawledg~g that business
development and multi-family development is mope appraopriate in the nose
panes than s~gle famiy develapments_ We aL~o appnec~ate the Denton
Independent Sd~od Uistri~i's efforts in develop the him school in suds a
way as to keep the dassr+oorr~ out of the cone, and to use lhst space for
pa~idng and athletic fields_
Vl~e carr4nue to be canoemed that the enfiorcement of nn ch~nr ,extra
insulation, dale pane glass and sll the dher r~equirement~ to mi4gate
nose inside homes be a~ened to as the buldmgs aye built The
irneshnent the City of Mention and the Federal ~ovemment have made, which is
wel oPVer ~22i1,0[1a,000; and the econornic vitafiy the Denton 14i~port brings
to our cammuni~y and the irrrnediste suTnundirx~ regnnsl ar+~a make the Uent~n
Airport one of the ca~wn jewels of Qenton and it must be pr+ot~bed_
Thanks to you for ~aminq ~n the Airport Advisory Meeting to help us
understand all the tf~ings 9an9 an r~~dirx~ the Cole Properly ~evelnpmen#
We do sppneciate all the hard wok you and the Econnm~c D~velnpment
Deperhnent do too kcep Denton at the forefront of quslily developers-
.7~' •""' w"7 r
Rldc WoolfolC
Chair
Denton Airport A~visay Board
94~1~82~5i1~ {W~
94[166-OOT1 {H~
94~1~91~~28 {C~
R_Woolfolkl ~rrerizan_net
EXHIBIT 15
Proposed Limits of Floodplain Reclamation
EXHIBIT 16
Floodplain Fringe Cross Section
~~~~
~~~ ~~~~
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~,-,~y:'r~~ ~',m~,a, ea.~ weweH ~a.r~w~r
rwaow~r rinroE
oEVaaP~xrouar
caoea-aEC7loae p~
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EXHIBIT 17
Planning and Zoning Commission Meeting
Minutes
co~idenseIt°"
~1
1 CS~I~}I~ER wAT~INS: we'll m~ they #~
~ Public Hearings.
~ Initial nine of r~xiy
~ ~;~~~.~ area of land ~ l~~ral ~,es~identi~l, ~,
~ ~iag dis¢iet #~ ~ lm~ hlast~ Flsuncd
~ ter} 1~ ~ i district The su~~
? prope~.y i~ ~ ~~d, vest ~ l•~, soh ~f
~ ~m ic-l ~d~eaaC~af . ~T~lfe etds
~ ~, >~arin-trriviarbct ~.9 mcunai ~ fit,
i~ r-~a,~alC lh ~sPCF
i!
1~ ~ ~ . S~iEL'P~IV~ Y~C~, '~ # u again.
1~ T'h~ firsk i,d~ bows ~e.l~atioc~ ~ .
14 ~ 1~ I~r Plate immunity, As we
i~ ~ bey is I-~} and I ~dicv~e this is'f ~~ Fwoeud.
1~ F,h+I. d,4 6o.ae almost the ~f' proj~et,
1~f 'I~is ~~it ~~ the ~~.
~ ~ i,g~tta~n an prnp~ty as ~-~. rt was ~d
I~ info the City in Jul} ~f ~ a i~ ~ ~ it
~~ 1 ~tu~ex~d -- ~ancd at t1>,~ .
~ 1. ~ The ~ n~, which i~ ~ur~ new ~iP~
~~ . ~ d~trict..is shy h ot1 ~ropo~ed
~~ ~~. Aid ~~ nw iyr the Cole lean
~4 wuuZd a1,so have included t!~ parcel of which h~
~~ sip s~l~ tp tI Alai ~ ~d ~viIl 6e
1 developed pricy to the rat ~f the 1~ ~.
~ Herc we sec the ~nsed .
~ dist<iets on t~ elo~ent plan ~P• ' mm~aity is
4 being deb with duty .ate i~t
~ u, such ~ ~ a bye slang tbC ~
~~ I. ~~, ~4nd 1~famil residential trds the
~ south -- this ellaw up an tbo bid bard there --
g tl~ugh ~ through the wept, and that cvca t
9 nor#hwe~t he~a.
14 ~ h1 lid~~a~ use
1! ~ekricts are ~r~tn provide high~~sity
1~ resldential ~d ~rh s~+ti~ a -- sl~owa I
1 ~ and du ~ -• ~ then,
!4 The Icn Inded~t dal I~ict
1~~ has posed a ~m high seha~ tray will lycc park
1~ of Pia Three.
17 I is~~~ school site'tha~t l~,s
I ~ laeea Fes, 'I~e meddle ll ~~e, r ~ i~
!~ Chis laca~oa, thak has ~ee~ determitied and it
~ ahcalyd l~ purchd at tom. It was to he
~1 at tl ~ ~44~. ' ~th~` tvr-~b s situ ~
Z~ elemen~ry awls, ~ le~ti~ns h,~ve nvt been
23 ~6anrut~d and t$ twn sites wi11 b~ dated b~-1
prrty aver ~I~~.
~5 All four ~l~oal Fitts tl~r
~ ~
! apply 1~ ~ ~f`1and. Thy
~ a~apmel ~~ ~ c~ n spa included i~ the
~ ~ Mud ~f this ~~ea spate i~ m ~ fld~l~t
4 ~d ll i~vc arcas~
S T'~ appli.ca~t i?1 identify FSA
~ fnitig~ti~n sores. P ~f` tl~t will be
7 ~ dd a~ acmes peat, T''he~ will agpr~x.i~ar~l~r ?,
~ ecru ~f perk land d~ati.~n f~~~~~passiv~ a
~- activc r~.~n~ purposes as req~rsd ley fi~ #y of
t~ > Park Land Indication re~uirernen#s,
11 ,'I nit side shows ~~ ~$
1~ ~f de ~u the i5rst ph~a would
1~ FAY fa~ail rdential an t
I4 ~s 1~. Phase T~vn. ~1nd if we quickly
1~ slip l~a~k tea tl~ a~~ a~aan, mod single family.
1G ~4nd then as a pm~e~ in Mme Phase Three, Fir I~rc,
17 Fiver at ca~ra. .
t ~ The p~~d d u~ catrf #'~
1 ~ Cale R~mch will consist ~f app~xily alert
~~ ,~~~ acres in~'~or~od lide~rta~, -~, ~ha
~1 singly family diatri.cts, agpicxirnately 4~ ac~.'cs cf
~~ ab~hoad sent iced [~, which ~[.~ .
~3 i+~R~iTJ l~, qty 1~iix1 IJsc ne, which f a
~4 18~ ass, e ~ni~~~ Ceat~r racial, 3~1 acres
~~ Indu~ial 1oYnt, ~ asF
. Page 4
~ Again, eal di~tri sitar which ,
~ ~e incitid in tie atts~r lags by the wa}~ ~1R•~, I
~ icve e~hv~l aite~ - gill b~ 1~~. , and
4 akin a~pea spa~c of ~S~ mss.
~ '1' ~'~po~d ~cia1 is
~ i .~ elf ien s~o fit Q#' recoil: ~~ea~a~uant,
'~ appr~xjma~t~1}~ 73,04; o#~ apace, million sgttdt~
~ fit; ~u~d Trial i.h million ~qre fret,
~ ~tl we Cached Ott ear4ier ~rnaght
~ ~ in the hessian an aryot~ case, but I as wart #~
11.~ point outr ~ ~Y ~~ r~sity ~ .~
1 ~ .mats per , numr of ps~d upi~ ~l ~~.. ~,t#acded
1 ~ ~~ family, wI~ich fawn h on individual lots
!4 up to 1~ units per ate, pmpased amber ~' ~~~~ ~md
15 Itif'atnil~r $ maxii~n of ~~ pp~ ire, and
!~ P, ~,$~~,~ '1'~is ~ropo~al weuld sit in ~ r~i~ .
17 ~ family ~iult~~`amily ef' 7~ pmt t~
! $ ~ pe~iti
Z~ Theme are tlu+ee areas Tin the cods whew
tl~e groped MP F~bab13~ ~v~ ~ the ~eviatien
~I Elam cur t cods and I'd like just toh nn
~ #heae. Ob~i~asly~ we touched ~ twn in the'~1nrk session
?.~ ~ I'll nor 1~ack to that dion in a meat.
e is the -- ~ do want to point nut I,
Airp~t Compatibility ~d TJae Ilistri.ct i~ shown hest.
I~BIwTI'~1~rT I~IVI~Ii P~BLI ~I~ X1149 ~ 1- ~"a~~
~~~~---
~~
~ This map a ~ that ia~lu~ #
loch D+evop~ent. What v~'~ g 1 ~ the
3 [.~ ~ , #hat'$ the A~p~t ~tii~ili~r Land ~
~ 1}istri~t. ~ ~ ~ ~ ~ .
~ u~r ~~.~. ~ ~f the Il~~ .
~ Uopn~t ~ within #~e art, .
~ ~~u~ ~~ t~ ~i~e mitigation staff, w~i.
~ f~md in ~ ~~.7.~ a ~c1ud in~y~u~ .
~ dap. ~r ~aa ~ppliaar~~ ~ a de~elo~ ~~ .~avi ~
1~ avigata.~ ~s~en
~ I ~ An ai.~n pant v City ~f
~i~ ~ as bru~t~ right~f'~r f ~~ ~f
1 ~ a~~xaft and rim ~ u~ tl~t ~r apses.
14 ~ T ~ ~ Bch wed
1~ bah tae. ~ul~ ~ ~ f~
1~ ~1~~,r. CIE the i.$ ~~ ~~~in~ fir
1? hider st~dar~~ ~i11 b~ pli ~~igi
1$ ~ easement as wgell ~ t ~ ~d~.
1~ 'I t:A ' t~ ~ Pesch ~pe~y ~ .
~hc~vs ell the ~~ eur~~y ~ ~.
~1 ~i~itr~fiel ~~~ scree of Frnnsrmm~~l~ en~4ve
Arm here becn~i~tified within property.
~~~d~'i ~f ~ 1
. '3' gut 1 ~it'h t i ~f
Iat~'~1at~ Pr~tieio~ ~~i~ ~ ~ ~f
.~ ~ ~ ~ ~
I ~ and gli~~ to alt~w~ti,~n ~~C
~ r~l~pm~nt ~f ~f r ~g ~A~de
a
~ . Last ~ a# i#y ~1 fork
~ r ~'es~.~, iv dtti.~ ~ t~
~ l ~aitii,ptY~ ilu ~ t alp Rath
7 'I] diri.c~ g2n way to fi~~er same ~ tl~
a used ~ &~- i~a o~ t~ pm~,~d ~ui.ng .
~ dint as of the a~dinan~ tit will ~e taken
~ .forward .to its uaell. And we di~us~ad tae farms
] 1 earlier toa~ghit end in o~ ark SSian.
t~ The lad deviati~ firm t Dods that ~
1 ~ w~u~ ~i~e to p ~ ~~ t~ ~~
14 frir~e reclama~~n map ~ hie. This rats
1 ~ fZ~~ areas with ~ F-a ~+Ir
~~ .Fl~anad unity that nay ~e doveloped in fu~re.
1~ sae a al~wn in the red,
t~ 'I~c qty mil a a staff'to
1~ ~~ addition ~ust~tians a~ elarifioati
~~ rdin~ the pr~goaad ~viations from ubohapter l~
~ )~~ tan~,t~s. T1~s~ rifica~i~s +e tad
~~ ~ ixfannin~ and nine mnri~~on alp lip t~hi.$
~3 e~eniag.in r W'a~tk anion.
4 ~ ~ ~t to ub~hap#~r ~~.'~.1~.~} ~~f
~~ oval ~ add ~f pli~n f~ ~n 1~C
1 ix~g d~#, the ~l~ni~g ~ ~i~
~ shall firs t f~llit~~ ~rit,~i.~,
~ .l~i~ta tit the ~va1t pried
+4 r~ th~~ls ~tl~ lay 1~1~n. ~'I ~ Rah
~ ~ ~ra11 nsistant with the goals ~f I
~ Flee and tl ~prel~ea~ve Dian ata~ with it.
~ ~~ in oe of p~ r~ide~~
~ dtlopment~ t tba dev~ln~nt ~i.1~ gimme
~ `b1e huil~.ng~ a ~ and that it wi116~e
~~ phi # r ~f the a aa.
i l The ~~ pets will ~r~.
1~ ,11r ~t Dods not h
~4 inini~r~ square fit ~~~ ~ inti~ ~ it's
1 ~ n~ si~nific~nt, I ~hl~ say. ~ .
1~ bolo RPm~h hdP~ v~ill a ~ninimurn
~~. floor area ~f 10 s feet fir a ~ fly.
1~ Tl~ pr`ov'i~on~ f~ ~ p~6li.e fa~,ility,~ .
14 h a~ $~, firs pr~ti., lair ,tr
~~ vim`, ~tcr~ strr~ts, p~uhli~ seTlrfees emd park
~1 a~ ~u #~ ~ tl~ arrti~i~at~d ptiu~ wit]
~ . ~i~hri~t.
~~ Based ~ Ft~al ~I~t Anali.e, t Est
~~ irrYp~ct analy~i~, ~d by t1~ applies,
~~ l~pm~t will 1 as q~ f~ the
~ ~ provision ~ pa~li~ fa~lities~~ .
~ A,dditi~nallyx ~ ~ will b~
3 d to d appr~matel~r ~~ ass of ~par~ l
~ a~ac~a~din~ to our dent ado. 'I~~ ~f fir hl~
~ tl~ sal i ~n C~ ~01o Rrmc~ property gill ~e
~ doted ~ ~ by ~ pr~ge~ ~wae~. And akin,
~ In o Pow ~~~ ~ .
~ iu~triala in~ti~ rr~atianal
1~ noe~si~tia~ u~a ~r mimed u that e1~tt
11 will he ~pp~op~iatrv is t~ area Dion and gall
t~ ply for the pw.e intl.
1~ 'l'he p~po~d ~1 are$s~ i1u
1~ mmunit Ili FJe~ F,l~t ~~~
I~ apriabe fir l.ti~n~ gun ~n the Iioprn~t
ib P1an Map. Tl~ a1e ~ ~~ i~l~be squired ~ f~li~w
~7 the eit~ gn sten~e ate ~t t+o~l.ati pri,
1~ in the Irrt~n I~e~rel~pment Ada, other the th~~e
1~ $pi.fically stated in the -- .1r --the Ong
doouments~ ~vl~ioh is in your ~aokup.
~1 The ~eviati.rnY from t1~ Intnn Dc~velapnt
~~ ~ jai a~ far a~ ~i sr~s ~ ane
~~ And ~ lit criteria; That tl .
~~ ~evelup is ~aeah sound as darnons~ated in
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cove e~erythta~ elm. th'~ tit I ~
will ~ I L heni ~nm ~a ~
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~~
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. Page 7
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s;la~r docume~tslordit~ance,~1071mpc~7-00~2.doc
ORDINANCE NO.
EXHIBIT 18
AN ORDINANCE OF THE CITY OF DENTON, TEAS, ~ONIN~ APPROXIMATELY
3,22 ACRES OF LAND, rENERALLY LOCATED wET OF INTERSTATE 35 VEST,
OL~TH OF TOM COLE ROAD, BOUNDED TOM COLE ROAD TO THE NORTH,
BISECTED BY FM 2449 NEAR THE CENTER OF THE PROPERTY, BOUNDED ON THE
EABTERN SIDE BY JOIE PAYNE ROAD SOUTH OF F 2449 AND UNDERwOOD
ROAD NORTH OF FM 2449 TO THE COLE RANCH MASTER PLAN COMMUNITY
COLE RANCH MPC~ ~ONIl~ DISTRICT CLASSIFICATION ~ USE DEBIC~NA'~~ON;
PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,~0~. ~~ FOR
vIOLA.TIONS THEREOF; AND PROVIDING FOR EVERABILITY, SUBORDINATION
AND AN EFFECTIVE DATE. ~~~-002}
WHEREAS, LF Cale Property, LP has applied far zoning an approximately 3,256.92
acres of land the "Propert'~ legally described in Exhibit B hereta, which is incorporated far all
purposes, under a new zoning classification and use ~design.at~on called the Cale Ranch Master
Plan Community Cole Ranch MPC~; and
wHEREAB, on July I S, 20a, the City Council adopted an ordinance to voluntarily
annex approximately 3,406 acres into the City of Denton. The 3,25.2 acres is part of the 3,446
acres prapased s the Cole Ranch Master Planned Con~xnunity; and
wHEREAB, on November 2S, 2aa7, the Planning and ~oni~ Camn~ission concluded a
public hearing a~ required by law, and recommended approval of the requested change in zoning,
a further car~ditioned by them; and
WHEREAS the Cit Council finds that the change is consistent with the Denton Plan
a Y
anal the Denton Development Cede, specifically including thane cansideratians set forth at
3 5.7 e I ~. 6; NOw THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN:
SECTION l . The findings and recitations contained 1n the prean~hle of this ord1nance are
incorporated herein by reference and found to be true. .
SECTION 2. The exceptions to the develaprnent standards of the City of Denton, as set
forth in the Cale Ranch MPC honing Document and the Cale Ranch MPC Development
Standards Document, attached hereta and incorporated herein as Exhibit "A", are approved, and
shall apply in the Cale Ranch 1VIPC. All other provisions of the Denton Develapmerit Code not
specifically excepted by this Exhibit shall remain in full force and effect.
SECTION 3. The zoning district classification and use designation far the Property is
hereby established as the Cale Ranch Master Plan Community Cole Ranch MPC~.
s:lo~r ~ocutnent~lordina~ces1~71mpc47-0~02.d~c
Notwithstanding the above real property description, the property being rezoned includes
all property to the centerline of all adjacent street rights~a~ may,
SETI~~ 4. The pity' ~ official zanir~g neap is amended to shove the change in zoning
district classification anal use designation, and the Development flan 1VIap and Phasing Plan
attached hereto and incorporated collectively herein as Exhibit "", are hereby approved
ET~~N 5. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
remaining provisions or applications, and to this end the provisions of this ordinance are
se~rerable.
SE~TI~~ ~. The terms of this ordinance are subordinate to any other ordinance of the
City of Denton, and any conflicts are Intended to be resolved in favor of the other ordinance,
unless such conflicting provisions are specified and expressly excepted by this ordinance.
SETI~N 7. Any person v~olatrng any provision of this ordinance shall, upon
conviction, be fined a sung not exceeding ~,~O~,~D. Each day fiat a provision of this ardi~ance
is violated shall canstit~te a separate and district offense,
SECTION S, This ordinance shall become effective fourteen ~14~ da~rs from the date of
its passage, and the pity Secretary is hereby directed to cause the caption of this ordinance to he
published tv~ice in the Denton Record-chronicle, a daily ne~rspaper published in the pity of
Denton, Texas, within ten ~14~ days of the date of its passage.
PASSED AND APPR.~~ED this the day of , ~~aS.
PERRY R. McNEtI~L, MAYOR
ATTEST.
HEIFER ASTERS, r~'Y SECRETARY
~~.
PPRO~ED AS T~ LE~Ai~ FARM.
~xhi~i~ A
Cole Ranch MPC
Zoning Document
Development Standards Document
Including
Zoning Districts
Limitations
General Requirements
Site Design Standards
Parking Standards
Signage
Environmentally Sensitive Areas
Gas Well Drilling and Production
Floodplain Reclamation
Additional Standards
enera~ Note; except a clearly and speci.cally stated herein, the provisions of this document
are subordinate to all ordinances of general applicatYOn in the City of Denton, Texas. ~ The
provisions of this docu.~nent do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Cale Ranch PC. The terms of this document
serve as limited exceptions to the general zoning standards of the City of Denton, only to the
iin~ited extent specified herein, and are intended to be construed narra~vly aid restrictively. Any
stated exceptions to specific ~ectians of any ordinance or land use standard shall apply only to
the limited extent necessary to achieve the stated exception, and ail other requirements of such
cited provisions that are not specifically excepted shall continue t~ apply ~n full farce and effect
~rithin the Cale Ranch CPC.
Page -1
35.x. shall be excepted ~ falia~vs;
Upon re~ie~v and approval of a detailed Development Plan Map for each phase, locating
proposed land uses in a coning category format, identifying site access, cannecti~ity, and general
public ~n~pravements, pro~idxng a ta~~e sho~vi~g all the hand uses, inclu.ng tie total acreage of
each proposed land use and the total acreage ' of the prod ectx and showing boundaries reflecting
the phasing plan in conformity v~ith the zequiren~ents othervise associated with a De~elo meat
p
Plan Map, pursuant to Denton Development Cade 3~~.4., then only Chase uses listed in e
tables belov~ shall 'be permitted in each phase of the Cole Ranch de~elopme~t in the areas so
designated on the Phasing Plan map. No use xs permitted in any phase until the Development
Alan Map for that phase has been approved, cansistel~t v~ith these defined uses and restrictions.
If there is a question as to v~hether a use not listed below is permitted; the Director of planning
shall make a determination whether the use is permitted or prahib~ted.
N~- Ingle Family leidential
1~RN~U-1 ~
Neighborhood Residential Mixed Use
~ 1 ~ dwelling units per acre} .
N1~1V~U Neighborhood Residential Mixed. Use
NI- Con~munlty tVl~xed Use General
E~- E.playn~ent Center Con~merc~al
~-~ Industrial Center Emplay~nent
~auYU districts and limitations shall be tl~e same ~s far D~ ubWchpter , except as
noted below.
3~..2.~ is excepted to aliow these Perrn~tted, see
A, F~~uestrlan ~'ac~llt~es ~boardln of parses only} ~s a per~nltted use v~1th an .
- .
B. I~xgh School is a permitted use in NR-3. shoal facilities in A.CLUD. zone are
limited to athletic facilities paring lots, maintenance facili~es,
cammunicatians facilities, trails, agricultural facilities a~.d open space. ~Ia
classroan~s ar adtninistra~ive offices, except athletic, maintenance,
comn~unxcation and agricultural offices, are permitted in AC~UD zone. ..
C. Construction Materials Sales is a permitted use in C-G.
D. Library facllltxe are a perrrlltted use ~thln NR~~ .
5,5.2.E General Regulatiaa~s
Tl~e ~oliawing exceptions are aliav~ed as part of the ubci~apter 35.5.2.3 General
l~eg~iations Thie:
Page - 2
A. regarding "[aximu~n density, dwelling units per acre," in all l~eighborl~ood
residential categories, ind~v~dual building permits or subdivision plats maybe
approved with densities exceeding the n~.aximu~ns; however the density in any
development pod a.s shown on the Development Plan 14~ap may not exceed the
ma~imu~ra. far that coning category. density will be e~.lculated as base density a
defined in subchapter 2 of the Denton ~e~relopent fade. .
B, ~inimu~n tide yard fox non-attached buildings in NR-~ is ~ feet.
1Vllnimu landscaped area in N~-3 is 5~°I~.
D. Maximum lot coverage for single family attached uses only in NI-~~ is
75°Io; tnlmum landscape area 1 2%.
3.x,5, shall he excepted to provide the follawi~ additi~ou~l limit~ious with respect to the
~anln classi~ctious and use designatlans defined by this dacu~neut: .
35.x.8 Limi~~~ions
~~~~ is excepted to allow the following:
Permitted only on end story and above, whey an afflce, retail or other permitted
eon~ercial use is an the ground floor within 3U4 feet of any public collector or
arterial street has shown on the thoroughfare plan}; otherwise, of,ce or retail
.
uses are not required.
L~11} is excepted to allow the following:
Drive throughs are allowed. Drive throughs and associated staging may not be
located between the building and street right-off way.
L~1 ~'} is excepted to allow the folloir~g:
lases are limited to no more khan S,OD~ sf of grass float area per use, except
grocery stores, which may be up to ~5,~0~ sf of gross floor axea.. No exceptiar~~
may be allowed by process.
general Regultlans sha~~ be the same s far DEC dub-~hpter 1~, except as noted below:
3,1~.~ i~nl~um Floor A~e~ Requ~reruents
The first sentence is excepted to a11ow as follows:
The minimum air-conditioned f loot area req~.iren~ent for single family dwellings,
including modular homes or any pre-manufactured hanle in any zoning district is
1 G~0 square feet per unit.
35,1 ~.~ 1V~inimum ~.esidentlal Lvt Sipe
3 ~.~ 1s excepted to allow a,s follows,
~~.~~ - ~
each detached jingle family residential unit must be built on a ~ninin~u~n 4,~~0 square
foot lot. each attached single family residential unit must be built an a n~inirnu
~ ,2 ~0 square foot lot.
~~.1,7' Tree Preservation and Landscaping Requirements
~5.1~.7'.~. shall be modified to include street r~ht of way as an exemption
The Landscape and Tree ano~~ Requirements Table on Aare 1~~4 of the DDS
is excepted far 11lRU and R1VIU-1~ zoning districts as follows:
1, . the NR[~-~2 District} a ~5°Io Free canopy hover shall be required far
single family attached uses only.
Z. In the NRU District, ~a ~~°f~ Tree canopy hover shall be required far
commercial and vertical ml~ed use develapn~cnts, Residential uses will provide a
minimum of 4~°I~ tree canopy.
~. ~ .7.~ street T ree Requirements are excepted as follows:
~.1~.7..3.a.ii ll~u.lti-Farnxly Residential Tawnhon~e and ion-R,esidentia~
Developments - spacing of street trees shall be one (1 ~ tree for every 541inear feet of
street frontage, rr~inimurn..
3.1,1 Buffer and screening Requiren~e~ts
3.~3.S.A.I.a Add the following sentence.
No buffer is required when anon-residential ar multi-family use is abutting to a
residentially zoned greenbelt 1 open space af20~ feet or mare in width.
35.13.S.A,~.a,iii shall be added as follows:
iii. A masonry wall constr~.cted of a decorative concrete masonry unit, or faced
with brick vender with the .niched side facing the residential use ar zoning
district; the masonry used for the buffer wall shall be the same as that used far
the non-residential ormulti-family development.
3a.13.~~ Access, Paring and irculatian Requirements
35.1.1.8.1. shall be excepted to read as follows:
Parking lots with greater than ~~0 spaces shall be divided into separate areas and
divided by landscaped areas or walkways at least ~ ~ feet in width, or by a buildin ~ar
g
group of buildings, This applies only to a development with a single building of
G5,~a~ square feet or larger.
3~.1 .1 ~..2,b shall be excepted to read:
Page ~ 4
b, ~ minimum 1 ~ foot wide landscape area planted with one large tree far every
~~ linear feet, except along areas where parking in front of buildings is
permitted.
5, ~ 3.10,.3.a sha11 be excepted to read:
a. Parking lots shall be separated from the street right-vf way line by a
rninimuml5' landscape area to reduce visual impacts.
3~.13.10..3.b shall be excepted to read as follows:
b. 'rhe 15 foot landscape area nriay overlap into a Public Utilities Easement ~PUE}
where such PUE exists adjacent to the sheet right-oi=way, brit in no case may
trees be planted within the PUS.
~~,13.10,C,.c shall be excepted to read as follows:
c. ~ landscape berm with a maxirnu l on 4 side scope an both sides, or a ~ foot
high wall made of any combination of wrought iron, masonry, stone or
decorative concrete panels, shall be designed within the 15' landscape area to
help screen the parking lot.
35. ~ 3.13 ire Development Regn~~rements ;
3~.1 .13.1.A shall be excepted to add the following:
S. ~asanry Fireplace Frith.projecting chiney rna~s
X5.13.13.1 shall be excepted to read as follows:.
~. Front-facing garage doors on single-family detached houses shall not occupy
rr~ore than 40~1~ of the total building frontage. Front~facing garage doors that are
at least 30 feet behind the house front may exceed the 40°Io frontage .~~imum.
Garages may extend beyond the house front an n.o m.ore than 3~°I~ of lots in any
phase,
Houses with the same elevation represented by "A" below} must be separated
by a rni~.~nuna of three lots whether located on the carne side of the street ar the
opposite ~ e~
A B C 3' E L K F A
E Q K F A C Q B E
Page - 5
~. Excepted Pram applicatian,~
3.~.~,13.~ Multiple knit Residential ~]wellins and Multi-Family Developments are
excepted to read as follows:
3~.1.I.~.A.1,x ha11 be excepted to read as fal~ov~s:
Accessory structures such as carports and storage u~ts but not including arsges,
leasing aff~ces, club houses or recreation. centers} shad not be located along public
right~a~ may andJor private street system.
~~.1,i,A.1.' sha11 he excepted to read as follows:
C~araes shad not be located along the pardon of the building that fronts a public
right-of-way. then garages front a private street, they must observe a minimum set
bacl~ of ~~ feet from the street curb;
Parking Standards shalt be the same as for ~D Sub-chapter ~.4, except as noted below;
~ ~,4 Spaces Required
3~,i4,4.A.1 shall be excepted as follows:
Single family dwellings - ~'a ~~} spaces per dv~elling unit; in single fan~fly attached
dv~ellings only, the spaces nay be tandem paring spaces.
Signa.ge standards and procedures shad be the same s far DDS SubRchapter 15, except as
Hated below:
~5. i ~.17.~ of the Denton De~relapment bode shall be amended to include the following graphic
exception for effecti~re area of signs within ~-3, ~RI~-1 ~ anal NRt~ districts. .
~ignage on Perrn:~eter Fencing & Entry l~ianu~en
Requirements for nvironmcntally Sensitive ,A.reas shall be the same as for DD Sub-
chapter 17, except as noted below;
Page - ~
3,~7.'~ ~'ndeveiaped Floodp~in Develapmen.t Standards
.17.A.~ shall be excepted to read as follows:
Parrs, open space, recreational uses, trails, wa~ll~ways and b11~e paths ~lncludln paged
trails, walkways and bide paths up to 1 ~ feet in width}.
3~.~7;7. shall be excepted tv substitute the following for the first sentence: "Filling
ar alteration of any flood plain of a strearr~ that drains either more ar less than one
square .ile is prohibited unless the proposed fi11 andlor alteration meets the following
.
requ~rernents:
1. Subchapter 19 -Drainage Standards,. except for any provision that prohibits
frlling or alteration of flaad plain areas within a drainage basin of greater than
one square mile.
~. Any impacts to ~SAs will be mitigated in eanformance with Section x.17. ~ 2
as modified b these Development Standards..
3. ,Any fill within any flood plain area shall be offset by an equal amount of
excavation in the a.e general area resulting in na net lass of valley storage
regardless of the sire of the drainage basin.
4. The lowest f~n.ished floor elevation of alt habitable residential structures shall
be a minimum of 4 inches above the adjacent 1Oa-year base flood elevation
based on encroached stream conditions as contained ha the appropriate Flood
Insurance Study, ar if unavailable, based on ultimate watershed development
conditions."
~5.1~'.~ Ripri~n Buffer and water Related I~h~~at Development tandar~s
~ ~. ~ 7. S.A,1 shall be excepted to read as follows:
Up to 1 a°I~ of the area. nay be disturbed for public ar private yard structures including
but not limited ta: gardens, yards, trails, and clearings, if nit located within 25 feet
franc the stream band or riparian buffer. No disturbance ~s pea~tted in delineated
wetlands unless as permitted under a USE Section 4~4 Permit andlor an approved
~~ ~Itlgatl~Or~ Plan
3 . ~ 7.8.A.1 ~ is added to the requirements in the dole Ranch MPS only, to include
the following:
Pans, open space, recreational uses, trails, wall~ways d bilge paths are permitted
within the jurisdictional areas subject to SAE approval. However, encroachment
of a total of one third of half of the width of the stream buffer as measured frvn~ the
outer edge of the stream buffer inward is permitted. grails and sidewall~s can be
located along only one side of the stream within the stream buffer. Pedestrxar~. bridges
are permitted encroachments across stream buffers.
3.1~T,1~ ~Viit~ation of ~nvYronmentaily Sensitive ~.rea Disturbance
Section 35.1'~.1~ shall be excepted in its entirety a.s follows:
Page - 7
In the event that the Developer wants to propose impacts to the ESAs, then the
following provisions shall apply. These provisions apply only to the proposed ESA
impacts and mitigation. Any other deviations from the Denton Development bode
must be addressed in accordance with the procedures for an Alternate Development
Plan ~ADP~, in conformance with Section 3~. ~~.,
~. Mitigation of any ESA disturbance will be allowed subject to approval of an ESA
Mitigation Plan, including any one or combination of the following measures:
a. Enhancement of existing ESA's within the dale ~.anch MPS at 2:1 ratio of
enhanced ESA to anginal ESA. Enhancement shall be defined as providing
additional vegetative plantings to an existing ESA far the purposes of
increasing the ecological quality in exchange for the inherit loss of net ESA
land. Enhancement of existing envirai~tnentally sensitive areas must brim the
natural habitats enhanced to the carne quality as the ESAs removed. Priority
for enhancement shall be given to environmentally sensitive areas for which
quality was determined to be "poor" or "fair" in the ESA Assessment
documents approved by the Planning Director. For example, if one acre of
existing ESA were removed, then under the enhancement option, the
developer would be required to enhance the plantings in two acres of existing
ESA. This example would result in the net loss of one acre of ESA land area.
b. relocation of the ESA to protected open space areas outside the original ESA
areas an an afire-for-acre basis, relocation skull be defied as repl~.cing the
original ESA, as closely as passible with respect to vegetative pla~tin~,
hydrology and land area. Far example, if orie acre of ESA were removed,
then under the relocation option, the developer would be required to construct
a new one acre ESA in an open space location outside of any existing ESA.
This example would result in no net loss of ESA land area.
c. Implementation of best management practices addressing impacts to
ecological functions and water quality,
Mitigation of any impacts to SSE jurisdictional areas will also serve as the
mitigation for any impacts to ESAs that fall withln the sa~.e ~rr~pacted area..
~. ESA Mitigation Plan - requirements
An ESA Mitigation Plan shall include the following specific ite.s:
a. Delineation of existing ESAs based on the approved ESA ~.eview andlor ESA
Assessment.
b. overlay ofproposed development activity necessitating the need to impact the
existing ESAs.
5
c. Delineation of ESAs impacted including a chart with each impact area
numbered or lettered and an acreage ar square footage calculation of the
respective impacted area.
d. onstractian plans and details for the implerrientation of the ESA Mitigation
Plan, including plans for grading, p~antin:g, erasion control and irrigation
~ten~porary ar permanent}.
e. Specifications far can.struction methods and materials.
Page - 8
f. A Mitigation Plan Sun~n~.ary Table providing ca~culatians that demonstrate the
appropriate .itigatian ratio of enhanced ar replaced ESA to existing ESA,
g. An Inspection Schedule for the .proposed improvements consistent with the
c of in~pravements being proposed, and allowing sufficient tine for city
staff inspection.
~. ESA Mitigation Plan -Process
a. An ESA Mitigation Plan will be submitted to the City for review concurrent
with an application for preliminary plat for residential subdivision uses or
with an application for a site plan or final plat for non-residential uses.
b. Upon detern~inatian that the ~ 1Vlitiat~on Plan is ~~. conformance with the
Denton Development Cade and the Cale Ranch 1VIPC Development Standards,
the Director of Plarmin.g aid Development will approve the ESA Mitigation
Plan subj ect to any applicable conditions of approval.
c, The Developer nay appeal any non-approval action by the Director of any
ESA 1Vlitiation Plan to the Planning and honing Commission in a~cardance
with Section X5.3.7.
d. The Developer may proceed with construction of the developrr~ent project,
including the mitigation in~provenzents, upon .e approval of the ESA
Mitigation Plan, posting of a cash bond, surety band ar letter of credit in an
amount equal to ~~~°I~ of the estimated cost of the plantings and any other
approvals and permits required by the Denton Develap~nent Code appropriate
for e particular development prod ect.
e. The mitigation ixnprove.ents will be inspected by City Staff during the
construction period in accordance with the Inspection Schedule described
above and must be deemed substantially complete in accordance with the
approved plans by the Director prior to issuance of building permits for
residential projects except far .oriel homes} and prior to certificate of
occupancy for non-residential projects.
4~ ESA Mitigation Standards
The standards by which any mitigation plan will be reviewed for approval will be
dependent on the type of ESA being impacted ar~d whether replaeen~ent or
enhancement of the ~.pacted ESA 1s being proposed.
a. The following general guidelines will apply to all Cole Ranch ESAs and any
proposed impacts and subsequent rnit~ga~tian:
~ . ,All development plans and plats shall use best efforts to avoid or minimize
impacts to ESAs to the extent practical within the context of a master
planned camYnunity. .
2 ~ The total aggregate of ip~acted ESA acreage .shall not exceed ~°Io of the
baseline 503 acres of existing ESA on the Cole Ranch MPC as a result of
res~dentlal or con~nerclal development. Impacts to ESAs by or an behalf
of federal and state entitles and publrc ut~llt1es, as defined in Subchapter
23 ofthe DDC, shall not' apply to the ~5~1~ maximum acreage impact.
~. Proposed m~tlgation far ESA 1n~pact shall generally be 1n-find and
located within the Cole Ranch MPC area.
~~ge - 9
4, Proposed mitigation far ESA impacts shall take into consideration the
resulting ecological function of the remaining area and water quality
associated with storm water runoffresulting from any net loss ofESA.
b. The following mitigation standards sha11 apply to any impacts to ESAs within
an undeveloped floodplain, riparian buffer or water related habitata
1. Mitigation of impacts shall be accorriplished by a} replacement of the
SSA, b~ enhancement of an existing SSA or open space area., or c} a
combination afboth.
2. EA.s shall be replaced an an acre-for-acre basis, determined by an
inventory of hydrology, ground cover, shrubbery and trees within the area
of impact, prior to the ~ area being disturbed, Replaced ESA vegetation
rrray exceed the amount of original vegetation far the area, but in na ease
be less than originally existed. All replacement trees shall be a minin~t~
of ~" caliper and shrubs shall be a minimum of one gallon container. The
species of replacement trees, shrubs and ground cover shall be similar to
the vegetation being replaced, with a deliberate effort being made to
reduce a sustainable environrr~ent free of undesirable plant materials,
p
consistent with the pity's Native Plant T~ist. Replacement streams shall
have substantially the sa.~ne hydrology and at least the same overall length
,. ~ ,
as the or~~nal stream. - .
3. In the event that new information, approved by FEMA and the pity of
Denton 1ndlcates an increase in floodpla~n area., the increased area shall
not be considered ESA , floodplain and shall not be subs ect to mitigation
re uirements. The 5~3 acres of environmentally sensitive areas shall
prevail as the baseline condition to deterjmine mitigation and n~axin~un~
ESA impacted areas,
4, Enhancement of other existing EAs ar open space areas far mitigation of
ESA impacts shall be pravlded on a m~ni.um 2.1 ratio of enhancement to
original ESA acreage. The 2:l ratio shall a~~ly to the acreage being
1~npacted and Tnltlgated. All enhancement trees shall be a minimum of 2"
caliper and shrubs shall be a minimum of one gallon container. The
species of enhancement trees, shrubs and ground cover shall be the same
as practical to the vegetation being replaced with a deliberate effort being
made to produce a sustainable environment free of undesirable plant
materials, consistent with the pity's Native plant fist.
~. ESA M1t~gatlon onlto~.ng and Reporting
The Developer will prepare an annual report each year for three consecutive
years, beginning 1 ~ months fallowing the commencen~.ent of the implementation
of an ESA Mitigation Plan, for the purposes of describing the cumulative
construction work that has been performed as of the reporting period, and to
report on the current survivability of the plantings. These a~anual reports will be
submitted to the city for review and ~nspectlon. Developer shall provide security
for the survlvb~l~ty of n~ltigated trees and other plantings, in the form of
currency, bond, or letter of credit, in the, same manner otherwise applicable to tree
mitiga~t~on under §~ 5 , l ~, 7,A.7 of the DDS, and related criteria manual standards.
Page - l~
~. ESA Planting survivability and Replacement
Upon cornpletian of the three-dear rnonitorfng and report~nng period, the pity shall
inspect the plantings and determine whether ninety percent X94°l0~ of the plantings
are healthy and have a reasonable chance of surviving to ~narity. Upon such a
finding, the pity shall release the currenc~r, bond or letter of credit, to the absence of
such a finding, the .~.pplicant shall be no~fied to replace and unhealthy or dead
plantings, tf the applicant does not take remedial steps to bring the propel into
compliance, the its shall make de~aand for pa.ent on the cash bond, suret~r bond,
or letter of credit. The its mad use all legal remedies ~ to enforce this provision in
addition to making demand on the security prodded herein.
has well Drilling and production standardshall be tie same ~~ far DEC Sub-chapter ~7,
except s noted below:
5.22.3.A sha11 be excepted to read as follows:
The drilling and production of gas within . T. dole Ranch MP shall be perrr~itted
only an those g~.s well tracts designated an the Development Flan Map, provided that
no residential structure or place of assembly,lnstltution or Schaal exists wlth~n two
hundred feet ~2~~'} from the wellhead and provided that the drilling and production
of gas meets the fallowing requirements.
1. All applicable standards set forth in Section 3.2.5, Standard auditions for
Cas well Dri~lxng and Production have been satisfied.
~. An approved Cos weld Development Plat and a Road Damage Ren~ediation
Agreement axe on file with the Director,
~. A Cos yell Permit has been issued by the Fire Marshall.
4. A watershed Protection Permit bas been issued far wells located in the Flood
Fringe or other ~SAs~
These requirerr~ents will apply whether the gas well or structures were constructed
1"irst.
~ 5.22.3.8 shall be excepted from application in the dale Rana. MPS.
5.~~,~ Standards for Gas well Drilling and Production
5.22.5.A.2.u shall be excepted to read as follows:
All well heads, storage tanks, separation facilities or other mechanical equipment
located within 2a~' of an adjacent right of way or property and not within a
flaodplain shall be screened from the residential property with an S' high solid screen
cedar fence, goad side facing the residential property,
35.22..A.2. shall be excepted to add the following subsection o:
Page - t 1
o. Each leased tract for gas well drilling and praductxvn Shawn on the ~evela~ent
Plan map shall have a perimeter buffer 5~ feet ~n width, extending around .e full
internal perimeter of the tract, which consists of un.sturbed graun.d with na~.ve
vegetation. No grading, clearing, grubbing ~~ scarring of the ground is permitted
within this 5~' br~ffer zane.
.~~.S.A..b shall be excepted to read as follows:
Directional lighting shall be provided far the safety of gas well drilling and
praductian operations and shall be provided so as to not cause light levels greater than
0~~ fc to fall ou the perimeter pro~ert~ line, measured 4'0" above the ground level.
I~raina a standards shah be the arse a~ sets forth In ~U~ ubc~apter 1~ except as foll~s;~
.19.4.D.~ F~oodplain estrictrons
'fhe second sente~.ce shall be excepted to read as follows:
use f ~oop~~i~ areas sha~~ be p~~se~v~d f~a~n a~~ destc~~a~ or dar~a~
resu~ti~t from clearing, gradi~t or dumping of earth, ~vas~e, ~na~~ria~, or stu.~aps,
~~~ess tie pr~o~ posed f i~~ or a~~era~~o~ o~ f the f~oop~a~~ xs part aka ~Ias~er ~~an~te
'orn~nunity ~.~} and the resulting ~tydrau~ic condz~ion is consist~~t with ~~te
re~uire~nents of `c~rons 35. ~ 9..5 and 3,5.19.6 ar~d ~~es~ C`o~e Rana D~ve~ap~n~n~
S~a~tdards.
,19,4.D.~ reek Restrictions
the first sentence shall be excepted to read as follows;
major Irks sha~~ rcnaain in a~ open na~ura~ con~~ion, excp~ for per~nitt~d f i~~s
and a~t~rations that are a part ;af a ~' aid co~sisten~ ~xt ~e requir~~ne~tts a~ f
~'e~~io~s 35.19.5 and ~'~c~io~ 35.19. b and ~h~se G'o~e .arch ~~~e~op~nent
~andards,~ sn~a~~er cres ar drainage ways nay be ca~~teli~ed ~~o~ved by
~'uhchapter 1 ~, provided they ~~~~~ the crx~~ria of ~~~ ~rai~~a Criteria .anna~.
5.~~.~.I Fload~a~ and Drainage legated lV~iniu~~n elevations
l.a shall be excepted to read as follows:
dots ~s~a~~ have ~ r~ini~nu~n ~~~~at~on for the f inis~~d ~~d~ of ~~~ ~~i~dabl~ area
including paring areas} o tie dot equal ~o one ~1} food above tie adja~nt 100-
year base f ~aad e~eva~~io~ abased on encraac~~d s~r~a~n co~tditions as cor~~ai~ted in
~~ appropriate ~~ood ~nsurancc ~'tudy or, z~ f unavai~a~~~, based on ~~~x~a~
~va~ershed deve~op~nnt co~di~ions} far nan~residen~ia~ hand uses, and a tninz~nu
e~~vatian of one and a half ~~.5~ feet above the ad~ jaoer~~ .1 ~~ dear base 'cad
~eva~ion ~basd on ~ncroac~ed sewn con~~ios as contained in ~~e appropriate
F~aod 1"nsnranc~ S'~udy ar, if unavai~ab~c, based on u~ti~nate ~va~ershd
deve~op~nen~ onditions~ for residential ~a~d uses. Sc ,Table 35.19.6..E of 'ode
ranch ~C -~~anards.
The first sentence of l .b shall be excepted to read as follows:
Minamum finished floor elevations for proposed develaprrtent areas within the
floodway fringe shall lie eighteen (I8) inches above the 100 year frequency water'
surface elevation (lased on encroached stream conditions) for non-residential
Pale -12
land uses and twenty our (24) inches above the 100 year frequency water surface
elevation (based on encroached stream condztions) for residential uses. See
Table 335.19.6.1 of Cole Ranch`MPC Design Standards.
Tale 5~19.~.~.
~Vlin~mum Bul~[~lli ~Yevtion Above ~~o~Year Flood
Bu~ld~n T ~ Finishod Cxrade Fini~aed Fluor
~~51d~I1t1a~ ~ ~" ~~~~
Non-l~esldcntlal ~ ~" ~ ~~~
,~.9,G,L Procedures for F~oodp~ain Alter~ron
Thy first paragraph of this section. shah be~ excepted to read as follows:
Fill or alteration o fload~a~ai~s co~ta~~~~tg ~a~~ta~ areas of one sq~~ar ~ni~~ a~
less, which is not unreasonably. damaging to the euvironn~ent, or inconsistent with
other required standards, is permitted where it will not create other f Iood
problems such as non complia~ice with f ~oo~ sta~dars, trespasses, o~ ~tu~sa~tces,
either within the Cale ranch SAC' or elsewhere. ~laadplain recla~natian in
watersheds containing drainage areas greater than one square mile may be
allowed as proposed in the Cale ranch ~IPC, in accordance with the
requzrenzents of DDC` ~`ubchapter 19, the Drainage Criteria Manual and the Cale
ranch ~'C' .Development ,standards. ~'he following are the engineering criteria
far such requests;
3~. ~ 9.~.N.3 V'~lley tor~ge
The fast two sentences of this paragraph sha~~ be excepted to read as follows:
Malley storage Toss shah not exceed zero percent ~0%~ reduction far all creeds.
any excavation designed tc offset losses in va~~ey storage resulting fr~r~ ~~ ~~ the
floodplain shall be performed within the sank area as the f ~~~ ~Iacerne~t, in an
effort to deep the resultant base f food eleva~ia~t us close ~o the original base f food
elevation as possible. In sections of the stream where this is not practical, the
developer may propane valley storage excavation eit~aer upstream or dawnstrean~
of the f laodp~ain f ~1~, aver c~t~fyx~ to tie satxs~ faction of the ~'ity ~r~~ineer ghat
no increase in base,~ood elevation will occur an any adjacent properties and no,
adverse impacts upstream or downstream of the property will result. ~n no case
shall any rise in the base f food elevation exceed one foot, eves o~ tie su~~ ject
property. .During the construction process, any f iI~ i~ the aodplain shall be
performed at the same time as the corresponding excavation so as to result in no
net loss of valley storage at any given time. ~4pproval o~ f ~e~uest excavations
shall not relieve any burdens for regulatory compliance, nor waive or excuse
cornp~iance with any legal standards ar duty imposed ~y law or any regulatory
body.
Page -13
Additio~na~ ~tandrds
The following additional standards shall apply in the Cole Ranch ~4IPC, and constitute exceptions
to any lesser conflicting standard:
PARK LAND DEDICATION
The Cole Ranch :LI~PC will ~~ required to dedicate parr land to the City of Denton according to
the requirement found in tl~e Parr Land Dedication ordinance 98-039. The park land dedication
will be calculated by each development phase. Any open space ar parr area. not dedicated to the
~i of Denton will be awned and rnaintarned by the Cole Ranch homeowners association as
required ~n the Cole Ranch N1PC ordinance.
POA REQUIREMENT
one or more Property owner Associations ~P~A} shall be established. The PEA will be
responsible for the maintenance of all con~man property not dedicated to the city of Denton.
Documents establishing the PEA must be submitted, a part of the final plat application,
rovidin for the maintenance, repair, andlor replacement obligations of the PEA for private
p g
roads, alleys, dates, fences, street lighting, drainage items andlor other life held facilities andlor
common areas, there appurtenances andlor other associated ancillary items and improvements,
shall be incorporated into the final plat.
a. The PEA must provide far the power to file a lean, to foreclose, or to otherv~ise secure
payment from property owners concerning the maintenance, repair and replacement, in
part or in whole, of all privately held cona.~non areas, including but not limited ta,
drainage items, street lighting, and other appurtenances and ar other associated ancillary
1telns.
b. The Association documents must be submitted to, reviewed by an approved by the city
attorney prior to the final plat approval.
c~ The property owners Association nay not be dissolved, nor may deed restrictions and
covenants pravidzn for maintenance of con~.~non areas be deleted or amended, v~ithout
prior written consent of the City Council of the City of Denton, by way of plat
amendment,
d. The final plat and restrictive covenants shall contain language whereby the Property
owners ,Association, as owner of various private improvements within a private street, lot
or easement, agrees to release, indenulify~ defend and bald harmless the city from claims
and suits for property da~iage ar bodily injury including death} arising from the
condition, use our operation Of any pnvtely Owned streets or fac~htles.
AV~GATI~N EAEIVIENT
T~.e applicant shall dedicate an avigation easement to the City of Denton as a required
component of final plat approval, approved as to form by the pity attorney, conveying to the City
of Denton an unobstructed right-of way for the passage of all aircraft and rights to cause within
such easement such noise vibration, fumes, dust, fuel particles and all other effects that maybe
Page -14
caused the operating or a~rcr~ landing at, taking oTf from, or operating at, the Denton ~Iun~c~pal.
~x~por~.
The easement will be applicable to any lot of the property that falls wholly or partially within the
Airport opatib~lity Land Use District ~ ~ALUD~} zone a described ~~ uhchapter X5.7.4
Denton Municipal airport overlay District in the Denton Development Plan. The avigati~n
easement will be showy on preliminary plats and alb final plats.
AIRPI~RT ~I~iVIPATYILI'I`~' SAND ICE DITIiIT
In addition to providing an aviation easement as described above, all residential uses with%
Airport o.patibility Land ~Jse Distriot 2 will meet the Noise 1Vlit~gation .tandards provided in
subchapter 35~7.4.1~. 'The Noise l~Iitigation standards.
Wage -15
Exhibit B
Cole Ranch
DESCRIPTION ~~~.~9~ ACRES
SITUATED in Dentan County, Texas in the J. vl~. l~C~ellberg survey, abstract na.
~ ~~ ~, the James IVIcDonald survey, abstract no. 8~,~ the I.vU. Byerly survey, abstract r~o.
~ ~b8, the J.A. Burn survey, abstract no. ~ ~, the T. P. R. R,, abstract na.12~~, the A.
. Fadden curve , abstract no. 85~ ,the 1. N. Hembree survey, abstract no. X94, the B: B.
Y
B. C.R.R. Co. survey abstract no. ~ ~G, the T. E. arruth survey, abstract ~ ~a7, in the
. Paine survey, abstract no. ~ 05, the IIII. Paine surveys abstract na. ~ a~~, the George
llvest survey, abstract no. ~ ~, the E.N. Oliver survey, abstract nv. 98g, the J. T. Evans
survey, abstract nv. 4~ ~, the . Il~anchaca survey, abstract no. ~, the O. v11. Pettinale
survey, abstract no. ~ g~ 1, being a survey of the X049.00 acre "Tract ~ :North Tract" and
the ~ 1.~ acre `1Tract ~~ South Tract" described in a deed from SLR Il Cale Investment,
L.P. to SLR II Cole PropertyT L.P., dated January ~, X005, and recorded in Dacument No.
~005~~ ~~~~ of the Denton bounty deed retards, being a survey of part of the ~ 0.72G acre
"Tract ii"described in Court Case No. 550, dated January 0, X93 and recorded in
volume 49, page 551 of the Denton County deed retards, a survey of the ~ ~.~5 acre
tractt~ Texas ll~unicipal PavuerAgency, recarded in volume 5~ page X09 aft~e I.~is
Pendens retards of Benton County, Texas, being described by metes and bounds as
follovus:
BECINNINO at an ~I~-inch iron pin found at the northwest corner of said 049.OD
acre tract in the center of Tarn Cale Raad feast-west asphalt raad~ and . vlJolfe
Road~rack road} fram the south;
THENCE easterlyv~rith the north line Qf said X049.00 acre tract as fallovus:
South ~8° 55' 44" East, generally vuith the center of said Tarn Cole Raad,
408~.~ feet to an "x" cut in a concrete bridge;
North ° 4' ~ " East, generally v~rith the center of said Tom Cole Raad,
~~.~~ feet~to a ~I~-inch iron pin set in place of a nail found at a northeast
career of said ~Q49.00 acre tract;
THENCE South OD° ~i 40" vvest, Frith an east line of said X049.00 acre tract and
generally near an old fence, X005.00 feetto an ~I~inch iron pin set by a corner past at an
inside earner of said X049.00 acre tract; .
THENCE South 88° 5' 00" East, vuith a north line of said X049.00 acre tract, and
generally near an old fence, ~ ~ .90 feet to an ~I~-inch iron pin set near a career post at a
northeast corner of said X049.00 acre tract and the narth~rest corner of the Z4.7' acre
"Tract One" recorded in volume Sly , page ~ ~;
THENCE South 0~ ° 07' b8" 1Nest, v~rith an east line of said ~~4~.00 acrd tract, vuit~h
the crest line of said 24.E acre tract ar~d generally near a fence, 950.0 feet to an ~/~-inch
iron pin faund at the vest-sauth~rest corner of said X4.1 acre tract and an.inside earner
of said ~04.D~ acre tract;
THENCE youth ~S°~ 58T ~5" East, Frith a earth line of said 2049.00 acre tract and
vuith a south line of said 24.~~ acre tract, ~ 4q~.T feet to an %-inch iron pir~ found at an
inside earner of said 2470 acre tract; same being a northeast earner of seid Za4g.aa acre
tract;
THENCE southerly with an east line of said 2049.40 acre tract as folios:
South 41° ~' 1~" ~}IJest, v~~rith a utirest line of said 24.3 acre tract and v~rith the
vest line of the 1 x.89 acre "Tract Tvua" in said valume 8~~ , page ~ 7,
X99.84 feet to an %-inch iron pin found at the southvuest career of said ~ .~9
acre tract; same being the north rest corner of the ~ .1g7 sore tract
recorded in clerk's f ile na. 94-7 ~ 0 ~ 3;
South 0° ~4' 0~" 1lvest, vuith the crest line of said ~ .1 O7 acre tract, ~ 9~9.~9
feet to an 'I~-inch iron pin faurid at the south rest corner of said ~ . ~ 07 acre
tract; same being an inside corner of said 204.ga acre tract;
THENCE South S° ~3' ~~' East, with a earth line of said 2~049.aa acre tract and
v~ith the sauth line of said 3~ . ~ 07' acre tract, 770.8 feet to a paint near Hickary Creekx
THENCE in a sautheasterly direction generally vuith the calculated center of said
Hickory Creek as surveyed by David Dev~reirdt, R.P.L.S. Ha. ~9~~ on August ~, ~ODT as
fallav~r:
South ~°2'~ 0" East, 472.98 feet; South ~4~24'2~" East, ~ Oo.D4 feet;
Sauth 8~°Ol'2 ~'~ East, ~ 44.00. feet; North ~~°2l'42" East, ~9a.a0 feet
South °~ 4'25" East, ~ 80.40 feet; South 22°~ 7'28" East, ~ X0.00 feet;
South 50°48~~ " East, 40.00 feet; Sauth 70°~ X42" East, ~ 85.OD feet;
South 49~48'~" East, 25000 feet; South 24°0f34" East 80440 feet;
youth ~'0°08'4" East, 204.04;feet; South 44°~ x'40" East, 254.00 feet;
Sauth 70°28'2" East, 225.00`feet; South 5S°~9'05f' East,
125.00 feet;
Sauth $4°22'02' Easts 12.00 feet, Sauth 72°~'~"East, X75.00 feet,
Narth 88°8'22" East, 28.G~ feet to a paint in an east line of said 2049.00
acre tract;
THENCE South 04° ~ 5' 42~' East, Frith an east line of said 2449.00 acre tract, v~rith
the crest line of said 70.7G8 acre tract and on the nest side of said Under~rood Road,
passing the southv~et earner of said ~O.T 8 acre tract and continuing in ail, 820.05 feet to
an ~I~-inch iron pin found near said Under~rood Roads same being the earth-northest
earner of the 05.85 acre tract recorded in clerk's file no. 98-~ ~ 740;
THENCE South 41 ° 54' S4" Vllest, v~rith an east line of said 2049.04 acre tract, Frith
a v~rest line of said 9.85 acre tract and generally v~rith said Under rood Road, ~ 245.51 feet
to an ane inch iron pin found at the an inside corner of said 90.8 acre tract; same being
the southeast earner of said 2049.04 acre tract; same being ~rhere said read turns crest;.
THENCE North 89° 27r ~" hest, v~rith the south line of said 2049.04 acre tract and
generally with the center of said Under~rood Rand, 182.7fi feet to an ~I~~inch iron pin set
at the east-southeast career of the ~ 8.72fi acre "Tract 1 I" recorded in volume 489, page
~~ of the right-of-gray of Farm Road No. 2449; carne being a sauthv~est earner of said
2049.04 acre tract;
THENCE North 00° 2S' 87'i East, v~ith a vuest line of said 2D49.00 acre tract, uwrith
the east I~ne of said ~ 8.20 acre tract and the right-of-gray line of said Farm Rand No.
2449, 45.00 feet to an ~I~-inch iron pin set at the northeast corner of said ~ 8.72 acre tract;
same being an inside earner of said 2049.00 acre tract;
THENCE North 89° 81' ~" I~Ilest, vtirith a south line of said 2049.44 acre tract, v~rith
the north line of said ~ 8.724 acre tract, the north right-of v~ay line of said Farm Reed No.
2449 and generally near s fence, 2944.x'4 feet to an ~I~-inch iron pin set;
THENCE South 00°D9'" Vl~est, crossing said Farm load Na. X449 and passing
an ~I~-inch iron pin set at 9g.g1 feet at the northRn~rtheast earner of said ~~~.~2 acre tract
and continuing with an east line of said ~ ~~.12 acre tract, generally vuith the center of .
rack road,l ~42.~~ feet to an %-inch iron pin set at sauthast corner of said 1 ~. ~ ~
acre tract, where said road turns to the v~rest;
THENCE North 89° 2' ~" l~lJest, with a south line of said ~ ~1.~ ~ acre tract and
enerall vuith the center of said rack road, 2b4.~8 feet to an 1I~-inch iron pin set in place of
9 y
a Od nail faund at an inside earner of said ~ ~~~. ~ ~ acre tract;
THENCE South OD° 24' o" ~111est~ with an east line of said ~~~.~~ acre tract and
enerall near an old fence, 21 G,O~T feet to a Bois d'art corner post found an the inside
g y
corner of said ~ 5~. ~ ~ acre tract;
THENCE South 89° bfi' 0~" East, with a north lire of said 1 ~. ~ acre tract and
generally near the evidence of an old fence, passing an 'I~-inch iron pin set by a carnet
ost at ~ 2,9 feet and continuing in all, ~ ~ .OG feet to a paint on the west edge of Jahn
p
Paine Road~north-south rock road} at the east-northeast corner of said ~ ~1.~ ~ acre tract,
same being in a west line of the 229.49 acre tract retarded in clerk's file no. 95~~ ~ X450;
THENCE South 00° ' 24" 1~11est, with the east line of said 1 ~~.~ ~ acre tract, with
a west line of said 2329.49 acre tract and with the west edge of said Sohn Paine load,
2~4~.O1 feet to are ~I~-inch iron pin faund at the east's~utheast earner of said ~ ~7. ~ ~ acre
tract and an inside corner of said 229.49 acre tract;
THENCE North 89° 4~' " VlJest, with a south line of said ~ 35.1 ~ acre tract, a
earth line of said 229.49 acre tract and generally near an old fence, 40G.O feet to a
Bois d'art earner ost faund at the south inside corner of said ~ ~7. ~ ~ acre tract and a
p
northwest corner of said 29.49 acre tract;
THENCE South 0~ ° b' 48" V11est, with an east line of said ~ b~. ~ 2 acre tract, urrith
a west line of said 2329.49 acre tract and generally near a fence, 92,25 feet to a Bois
d'art earner past found at an inside earner of said 2~~9.49 acre tract and the south-
southeat corner of said ~ 3~7. ~ ~ acre tract; ~an one inch iron pipe found bears South 7°
4' ~" East, 3.40 feet,
THENCE North S9° 30' 24"west, with the south line of said ~ ~. ~ ~ acre tract, a
north line of said 239.49 acre tract and generally near an old fence for mast of the way, .
~SOG.b feet to an ~I~-inch iron pin set in a brake off Bois d'art corner post atthe
southwest earner of said 1357. ~ ~ acre tract;
THENCE North 00° ~' 15" East, utirith the west line of said ~~.~~ acre tract, with
the east line of the 320.350 acre tract retarded in clerk's file no. 99-7255 and generally
near a fence, 3057.2 feet to a 518-inch iran pin faund at the norkheast corner of said
320.350 acre tract; same being an inside corner of said ~~.~~ acre tract;
THENCE North 39° 23f 04" Vl~est, with a south line of said ~ 357, ~ 2 acre tract and
with the north line of said 320.350 acre tract, X53.2 feet to an ~I~-inch iron pin set at a
southwest corner of said 1357. ~ 2 acre tract; same being on the east side of H. Lively
Road frock road};
THENCE northerly with the east side of said H. lively load, with the west line of
said ~ 357. ~ ~ acre tract and generally near a fence a follows:
north 49° ~ 1' ~9"East, 31.89 feet to an %-inch iron pin set; .
North O~ 29' 42" East, X03.71 feet to an ~I~-inch iran pin set;
North 07° 48' 12" East, 90.24 feet to an ~I~-inch iron pin set;
North ~ ~° ~' ~~'~ East, 8. ~ 9 -feet to an ~I~-inch iron pin set;
Narth ~ 7° ~ l' ~9" East, ~ ~ . ~ feet to an ~I~-inch iron pin set at north rest
corner of said 135. ~ ~ acre tract; .
THENCE auth ~° 5~' a~"East, vuith north line of said ~ ?.~~ acre tract} ~ ~.a~
feet to an ~I~-inch iron pin found at an inside Garner of said ~7.~2 acre tract; sane being
in the east line of the ~ X0.99 acrd tract recorded in volume ~ Oa, page g3;
THENCE northerly with the crest ling of said ~ 35~. ~ 2 acre trout, Frith the east line ~of
said ~G0.99 acre tract, the east side of said H. Lively Rand and generally near a fence as
fallo~us:
North 00° 48' 4" East, 7~,~ feet to an ~I~-inch iron pin found;
North D0~ ' ~1"East, ~09~.~~ feet to an %-inch Iran pin set in the sauth
right-off gray line of Farm Road No. X449: sane being a northwest corner of
said ~ X57. ~ 2 acre tract;
THENCE North ~0°~~'~~" East, Grassing said Farm Road No.. X449, ~4~.~9 feet to
to an 'I~-inch iran pin set at a south rest Garner of said X049.00 acrd tract and the
north rest corner of said ~ 0.~'~G acre tract; same being in the east line of said . Uvalfe
Road;
THENCE Narth 00° 0' ~~t' East, v~rith a crest line of said X049.00 acre tract, v~rith
the east line of said . Uvalfe rand. and generally near a fence, ~ 3.a feef to an %-inch
iran pin set at an inside earner of said ~049.0D acre tract;
THENCE North 89° ~2' ~ ~" 1lvest, vuith a south line of said D49.Da acre tract, ~ ~. ~ ~
feet to an ~I~-inch iran pin set in the center ~f said . v~lolfe rand at a sauth~rest corner of
said ~a49.aa acre tract;
THENCE North 00° ~' ~~" East, ~vitk~ the vuest line of said 049.aa acre tract and
generally utirith the center of said . vllolfe Road, g7~. feet to the PLACE aF
BEGINNING and containing ~~.91~ acres.
This legal descr~ptian vas derived from an on the ground surveyed by me in the year
~gg4, except the creek calls of Hickory creek v~rhich eras taken from a preliminary survey
made by David De 1~IJeirdt on August ~, ~~07. Also, the call that enters and exists
Hickory creek sere taken frarr~ said survey by ~e llveirdt. The creek calls vuere rotated
and incarpoated into this legal description..l have not made an on the ground survey of
H ickory creek.
This survey is only far~aning purposes and career monuments vuere not rechecked as of
the date of this legal description. This survey also does eat canforrn to mir~imur~
standards of the Texas Board of Professional purveying in Austin, Texas.
~.
Bruce Geer, Registered Professional Land Surveyor No. 4~ ~ ~
~ ~ llv. University, Suite X00
McKinney; Texas 7`g09
97-~4~-~~5 ~ fax
Exhibit C
Cole Ranch MPC
Development Plan Map
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AGENDA INFORMATION SHEET
AGENDA DATE: February 5, 2008
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
CT 1R.TFCT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
The following boards/commissions require nominations:
Animal Shelter Advisory Committee- Tim Moore, whose position on the Committee represents
someone who works in the daily operation of an animal shelter, no longer works for the City.
This is a nomination for Mayor Pro Tem Kamp. Animal Services has recommended Woodie
Wilson as a replacement. His application is attached and has been confirmed by the City
Secretary. Please note that this position allows the member to live outside the city limits.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:1Boards & CommlAgenda Info Sheet for Vacancies 2.5.08.docx
Boards & Commissions Application
Name: Woodie Lee Wilson Date:1/31/08
Address: 217 Highmeadow Drive
City/State: Aubrey, TX Zip:76227 Email:woodie.wilsonC~cityofdenton.com
Telephone:940-453-5618 = 940-349-7598 940-390-422b 940-349-7697
(Horne) (Work) (Cell) (Fax)
Qualified voter of Denton? ^ yes X no
Resident of Denton for _No years:
Please Note: R2006-003 "Ethics Policy"states that appointed officials will not be in arrears on any city taxes, utility service charges, or
other obligations owed the City.
Occupation: (if retired, indicate former occupation or profession) Denton Police Animal Services Supervisor
Please indicate board /commission preferences:
_ Airport Advisory Board
x Animal Shelter Advisory Committee
_ Community Development Adv. Committee
_ Construction Advisory & Appeals Board
Historic Landmark Commission
_ Human Services Advisory Committee
_ Library Board
_ Parks, Recreation & Beautification Board
_ Planning & Zoning Commission
Public Art Committee
Public Utilities Board
_ Traffic Safety Commission
_ Zoning Board of Adjustment
Have you ever served on a Ciry of Denton board or commission? ^ yes X no
If yes, which one? N/A
Please list any special knowledge, education or experience that qualifies you to serve in the areas you have
indicated:
I have 22 years experience in Animal Shelter/Animal Control
Professional and/or community activities:
I serve as an Ex-Officio Board Member on the Denton Animal Shelter Board of Directors
I am an Instructor atthe Texas Animal Control Academy in Giddings Texas
RETURN APPLICATION T0: Office of the City Secretary
City of Denton
215 E. McKinney Fax: 940 349-8596
~ )
Denton, Texas 76201