HomeMy WebLinkAbout02-16-1988
j AGENDA
CITY OF DENTON CITY COUNCIL
February 16, 1988
Joint Work Session of the City of Denton City LQuncil and the
Park and Recreation Board on Tuesday, February 16, 1988, at
5:30 p.m. in the Civil Defense Room of City Hall at which the
following items will be considered:
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:30 P.M.
1. Hold a discussion regarding the Park and Recreation
policy of advertising in City Parks.
6:0) p.m.
1. Receive a report on the Texas Municipal Power Agency
from Denton's TMPA Board members.
2. Hold a discussion regarding a preliminary plat of the
Sunmount Addition for the purpose of determining
whether to begin the annexation process.
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3. Hold a discussion regarding alternati%-e proposals for
perimeter street paving.
4. Review the 1988 Utility Department Planning Forecast.
S. Hold a discussion regarding location and date for the
Council-Manager goals and Plans Update Seminar.
6. Executive Session:
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A. legal Matters Under Sec, 2(e), Art, 6252-17
V.A.T.S.
f B. Real Estate Under Sec. 2(f Art. 6251-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 1(g), t
Art 6252.17 V.A.T.S.
1. Hold a discussion regarding nominations for
APPA voting delegates for the annual
conference.
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City of Denton City Council Agenda
February 16, 1988
Page 2
3 Regular Meeting of the City of Denton City Council on Tuesday,
February 16, 1988, at 7:00 p.m, in the Council Chambers of City
I Hall .t which the following items will he considered:
7:00 P.M.
1 Consider approval of the minutes of the regular
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session of January 19, 1988 and the work session of
January 23, 1988.
Consider approval of a resolution of appreciation for
I Jack W. Craig.
3. Public Hearings
A. Consider a petition of Burke Engineering
requesting approval of a planned development
district and a detailed plan. The property is
located at the northeast corner of Mingo and
Cooper Creek roads and is described s a 6,S80
acre tract in the Morreau Forest Survey, bs the
417. If the ollowing land uses will be permitted:
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91800crsquare Gefeet 1 Rett;enerald Retail wand
17,400 square feet - Office
4.4 acres of Attached Single Family with 6.8
units per acre, Commission recommends h approvali )g Za1859Zoning
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Commis
1. Consider adoption of an ordinance approving
a planned development on 6.580 acres.
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4. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. A provol of the Consent Agenda authorizes the
recommendations, implement each item in E
City Manager designee to
accordance with
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
r agenda. Detailed back-up information is attachelisto the
r ordinances (Agenda items S.A, S.B., S,C.). This discuss d any on the Item prior Consent
to approval t of the oordinance. Members to
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? City of Denton City Council Agenda
} February 161 1988
Page 3
A. Bids and Purchase orders:
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1. Bid #9763 - Police Radios
2, Bid 09816 - Refuse Containers
3, Bid 09825 - Towable Backhoe
4, Bid 09821 - Morse Street Paving
1 S. P.O. 182674 - Johnston pump Company -
$21,600.00
B, Plats and Replats
1, Consider approval of preliminary plat of the
~i Mingo Industrial Tract Addition. (The
Planning and Zoning commission recommends 3
approval.)
S, Ordinances
A. Consider adoption of an ordinance accepting s
award of
competit
contracts Ye for s tand he prpurchase fo ofthematerials,
equipment, supplies or services.
B. Consider adoption of an e-dinance accepting A
contracts vfor bids dworks l or providing oor the vementsward of
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C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state low
exempting such purchases from requirements of
competitive bids.
D. Consider adoption of an ordinance amending;
Ordinance No. 85-165 to correct an error in the ,
metes and bounds description; and declaring an
effective date. (Z-1730)
E. Consider adoption of an ordinance approving an
agreement between the cities of Denton, Bryan,
Garland, Greenville and Texas New Mexico Company
for the sale of power and energy. (The public
Utilities Board recommends approval).
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City of Denton City Council Agenda
i February 16, 1988
Page 4
1 F. Consider adoption of an ordinance accepting an
j amended proposal for life insurance for the
City's employees'.
G. Consider adoption of an ordinance approving an
agreement with Municipal Administrative Services,
Inc. for professional auditing services relative
to the City's franchise agreement with Lone Star
Gas Company and Sammons Communications.
13. Consider adoption of an ordinance approving an
~I agreement between the City of Penton and Freese &
Nichols for Lake Ray Roberts Water Treatment
Plant and approving the expenditure of funds
therefor. (The Public Utilities Board recommends
approval).
1. Consider adoption of an ordinance approving an
agreement between the City of Denton and treese 6
Nichols for Lake Ray Roberts off-site water
transmission facilities and approving the
expenditure of funds therefor. (The Public
Utilities Board recommends approval).
J. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement with the
Architectural Collective Inc. for professional
architectural services relating to the expansion
of the Animal Control Center and authorizing the
i expenditure of funds therefor. r
6. Resolutions
A. Consider approval of a resolution to validate the
purchase of certain real estate located at 3911
1 Morse Street, Denton, Texas by the Denton Central
Appraisal District.
i B. Consider approval of a resolution authorizing the
Police Department to use unmarked vehicles.
' C. Consider approval of a resolution approving an
agreement between the City of Denton and the
Denton Independent School District for a joint
election.
7. Miscellaneous matters form the City Manager
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Ii City of Denton City Council Agenda
I ^ February 16, 1988
Page 5
8. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
9. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
10. Executive Session: {
A. Legal Matters Under Sec. 2(e), Art. 62SZ-17 t
fi V.A.T.S.
B. Real Estate Under Sec. 2(fArt. 6252-17
V.A.T.S.,
C. Personnel/Board Apppointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
it. Adjournment
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C E R T I F I C A T E
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I certify that the above notice of meeting was posted on the t
bulletin boa at the Ci all of the City of D ton, Texas,
(a.mt) m. day of 1988 at ~g o'clock p
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2858C f CRETARY
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AGENDA
CITY OF DE.NTON CITY COUNCIL
February 16, 1988
Joint Work Session of the City of Denton City Council and the
Park and Recreation Board on Tuesday, February 16, 19880 at
s:30 p.m. in the Civil Defens- Room of City Hall at which the
i following items will be considered:
be considered the Agenda for the Work Sessio may
Note: aAny lso item
Regular Meeting.
5:30 P.M.
1. Hold a discussion regarding the Park and Recreation
policy of advertising in City Parks.
i
6:00 p.m.
1. Receive a report on the Texas Municipal Power Agency
from Denton's TMPA Board members.
2. Hold a discussion regarding a preliminary plat of the
Sunmount Addition for the purpose of determtning
whether to begin the annexation process.
i
3. llold a discussion regarding alternative proposals for i
perimeter street paving.
I
4. Review the 1988 Utility Department Planning Forecast. w
5. Hold a discussion regarding location and date for the
Council-Manager goals and Plans Update Seminar.
6. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 62S2-17
V.A.T.S.
B. Real Estate Under Sec. 2(fArt. 6252-17
I V.A.T.S.
j C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Hold a discussion regarding nominations for
APPA voting delegates for the annual
conference.
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City of Denton City Council Agenda
February 16, 1988
page 2
Regular Meeting of the City of Uentnn City Council on Tuesday, ers
Hall uatywhichlthe following pitemsi witlle beconsidered: of City
7:00 p.o.
Consider approval c: the minutes of the regular
session of January 19, 1988 and the work session of
January 23, 1988.
Consider approval of a resolution of appreciation for
2.
Jack W. Craig.
3. Public Hearings
A. Consider a petition of Burke Fngineering
requesting approval of a planned development
district and a detailed plan. The property is
located at the northeast corner of Mingo and '
s # Cooper Creek roads and is described as a 6.580
acre tract in the Morreau Forest Survey Abstract
417. If the detailed plan is approved, the
following land uses will be permitted:
F 2.2 acres of General Retail and Office with
( 91800 square feet - General Retail and
17,400 square feet - Office
Y
4.4 acres of Attached Single Family with 6.8
units per
rerommends h approvali)g Z-and 18S9.
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Commis
1. Consider adoption of an ordinance approving
a planned
4, Consent Agenda
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Each of these items is recommended by the Staff and
basisauofthtorhiezesStathfe
approval thereof will be of strictly on
recommendations. Approval
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
f Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Aetatied back-up information is attached to the
' ordinances (Agenda items S.A, S.B., S.C.). This listing is ;
ordinancel Members . embers to
to approval t of the allow
discuss d any on the item prior Consent Agenda
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City of Denton City Council Agenda
February 16, 1988
Page 3
h A. Bids and Purchase Orders:
1. Bid #9763 - Police Radios
2. Bid #9816 - Refuse Containers
3. Bid 09825 - Towable Backhoe
4. Bid 09821 - Morse Street Paving -
S. P.O. #82674 - Johnston Pump Company
$27,600.00 i
B. Plats and Replats
1. Consider approval of preliminary plat of the {
Mingo Industrial Tract Addition. (The
Planning and Zoning Commission recommends
approval.)
1 S. Ordinances
F
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
C. Consider adoption of an ordinance providing for
the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in
accordance with the provisions of state few c
exempting such purchases from requirements of ;
competitive bids.
D. Consider adoption of an ordinance amending
Ordinance No. 85-165 to correct an error in the
metes and bounds description; and declaring an
effective date. (Z-1730)
E. Consider ,adoption of an ordinance approving an
agreement b o ween the cities of Denton, Bryan,
Garland, Greenville and Texas New Mexico Company
for the sale of power and energy. {The Public
Utilities Board recommends approval).
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City of Denton City Council Agenda
February 16, 1988
' Page 4
F. Consider adoption of an ordinance accepting an
amended proposal for life Insurance for the
City's employees'.
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G. Consider adoption of an ordinance approving an
agreement with Municipal Administrative Services,
Inc.. for professional auditing services relative
to the City's franchise agreement with Lone Star
Gas Cowpany and Sammons Comm:,nications.
H. Consider adoption of an ordinance approving an
1 agreement between the City of Denton and Freese &
Nichols for Lake Ray Roberts Water Treatment
Plant and approving the expenditure of funds
therefor. (The Public Utilities Board recommends
approval).
I. Consider adoption of an ordinance approving an
agreement between the City of Denton and Frees(: $
Nichols for Lake Ray Roberts off-site water
transmission facilities and approving the
expenditure of funds therefor. (The Public
Utilities Poard recommends approval).
J. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement with the
Architectural Collective Inc, for professional
architectural services relating to the expansion
of the Animal Control Center and authorizing the
expenditure of funds therefor.
6. Resolutions
A. Consider approval of a resolution 0 validate the
purchase of certain real estate located at 3911
Morse Street, Denton, Texas by the Denton Central
Appraisal District.
B. Consider approval of a resolution authorizing the
Police Department to use unmarked vehicles.
I C. Consider approval of a resolution approving an
agreement between the City of Denton and the i
Denton Independent School District for a joint
s election.
h 7. Miscellaneous matters form the City Manage:
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City of Denton City Council Agenda
February 169 1988
p Page 5
8. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
s
9. New Business:
1
This item provides a section for Council Members to
suggest items for future agendas.
10. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T'.S. }
C. Personnel/Board Appointments Under Sec. 2(g),
Art 625?-17 V.A.T.S.
i 11. Adjournment
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j C E R T I F I C A T E
1 I certify that the above notice of meeting was posted on the
bulletin board at the City Nall of the City of Denton, Texas,
on the day of r , 1988 at o'clock
` (a.m.) p.m.
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2858C CITr=RETARY
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CITY OF DENTON
ADMINISTRATIVE POLICY/ PROCEDURE
nePfnaticE
NuMSeR:
sECr~or+.
! General Policies and Procedures
~ IMMVE DATE
1 EUeJECT:
Park Development
REPLACES:
I M J:
Paid Advertising in City Parke
1 Policy, Statement
The Parks and Recreation Department will monitor this policy which
will provide Th3sfor advertisements t e advertisements wi11Q be located in city park
facili
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1. be permitted in neighborhood park athletic areas only and will not br installed in
2. be permitted on scoreboards only.
u 3. be no larger than 4 feet high and will not exceed the length of
the scoreboard.
4. be approved by both tho Parks and Recreation Board and the City
j Council.
E ooedure foc-Adver A
11 Anyone wishing to advertise should complete a contract which is
available from the Parks and Recreation Department. This the
artmen thenrapproved by thebParke and Recre ionPBoardnand City Council.
2. Only full sign ads will be permitted.
3. AAdvertisin dvertisers will contracts have firsare good t p priority for the se ame ad space for
the following year.
4. Cost of advertising per board will be determined and reviewed by
Council.
Donations of Scoreboards
Donations of scoreboards, or funds for same, are encouraged. These
will be located only at athletic field areas and should:
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1. meet city of Denton specifications.
2. become the property of the city of Denton.
Those who donate scoreboards or funding for them will receive three
{ years of free advertising on the sign and first priority for paid
advertising the fourth year.
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~.ao (a 1?) 688-8301
CITY of DENTON# TEXAS MUNICIPAL BUILDING / DENFON, TEXAS 7620: / 1ELOE Ce of the city Manager
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M E M O R A N D U M
TO: Mayor and Members of the City Council E
FROM: Jennifer Walters, City Secretary
II
DATE: February 12, 1988
(i SUBJECT: Back-up for Agenda Item t 1 - ti :00 p•m•
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No formal back-up has been submitted for this item. ;
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"I-1111 I
DATE: 02/16/88
CITY COUNCIL REPORT FORMAT
T0: Mayor and members of the City Council
FROM Lloyd V. Harrell, City Manager
SUBJECT: DISCUSSION OF PRELIMINARY PLAT OF THE SUNMOUNT ADDITION FOR THE
PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS.
3
RECOMMENDATION:
Staff recommends proceeding with the annexation process.
SUMMARY:
Sunmount Corporation has submitted a preliminary plat for a 12.416 I
acre tract located 10566 feet south of U.S. 380 west on Nail Road. i
The proposed land use is a permanent asphaltic concrete drum mix Ir
plant. According to the guidelines in the Subdivision Land Develop-
rent Regulations, the size and location of this development warrants
a study to determine if annexation of the property is in the best
interest of the city. In general, the City will be able to provide
fire and police services to the property, rince the adjacent property
is in the city limits. Solid waste and animal control services can
also be provided. The property can be served by water and sewer,
but the existing lines are currently located at Ranch Estates. The
proposed land use is not consistent with the policies for development
in this area which is designated as a low intensity area. Annexation r
of the property would allow the City to zone the property for future
protection of the area. A permanent batch plant requires heavy in- ~ -
dustrial or planned development zoning.
BACKGROUND:
The City annexed 801 acres owned by RMB, Inc. (Miller of Texas,
` Inc.) located south and east of this tract in 1986.
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PROGRAMS eDEPARTMENTS OR GROUPS AFFECTED:
x
a
Planning and Development Department, Engineering Department, and
y, property owners
FISCAL IMPACTS A
If the process is begun, costs associated with annexing the property
would be provided by staff.
Respect y sub~tte :
Prepared by: '
^ Lloyd Harrell j
City Manager
Cecile Carson
Urban Planner
Approve .
F' anx H. Robbin I
Executive Dire or for
Plannin, and Development
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SUNMOUNT ADDITION
LOCATION MAP
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Y - (DCMON' I
'7L.~~ ~ f ' :ate
WORTH ~ r 1, is j !j A I
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1lOP 4 ~ti ~ I t ibolu's 1 1 l
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DATE: 02/16/88
` l:aa
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM. Lloyd V. Harrell, City Manager
SUBJECTS Dibcussion of Revisions to the Subdivision and Land Development
Regulations (Denton Development Code)
RECOMMENDATION:
;
` Staff recommends consideration of a short form plat process as an
1 alternative to Mr. Kelsey's proposal acs exceptions to perimeter
street paving as outlined in the attachments.
SUMMARY:
The revisions are intended to clarify requirements of the regulations
and address concerns or decision-makers, developers, and staff about
the requirements. Also provided is a draft ordinance amending the
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Denton Development Code which would include the perimeter street pro- a
visions, The draft ordinance addresses streets, driveways, parking
lots and sidewalks.
BACKGROUND:
Staff has held meetings with the Subdivision Regulations Committee, L
Development Review Committee, and Planning and Zoning Commission to
solicit input. M
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PROGRAMS, DEPARTMENTS OR GROUPS AFFEC'rEDs
Development Review Committee, Engineering and Planning Departments,
s
and developers
FISCAL IMPACTS
i
The fiscal impact to the City would be slightly reduced since the
members of the Development Review Committee would not be reviewing
engineering plans. Developers costs would be reduced when excep-
tions apply.
Respect ]y su mit
01
Lloyd , Harrell
City Manager
Prepared Lyt
L'.l. It `QIcQ..E}~li
Cecile Carson
j Urban Planner
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Appf ved: + '
F enk H, Ro
Execut[ve Director r
Planning end Development
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SIMPLIFIED PLAT PROCESS - SHORT FORM
The Subdivision and Land Development Regulations currently permit
08 the submission of a combined prelimi aryproposes
under Article 3• reviewed this provision final plat process. Staff has d of the
the following criteria for a simplified platrocesbs y i InnssteKaelsey:
creation of a small subdivision process suggested
A. Criteria
than vorPfiver(5)vacresa) affects not more
1, The tract to be subd
lots
20)
twenty (
2, The subdivision does not change the design of any street
and does not affect or involve an arterial.
y g. No interior streets are proposed.
q. No public drainage improvements are required.
5, Utility improvements would o only consist of extension across
the frontage of the property,
B. Processing Procedure
procedure shall be the same as the procedure for
The processprocessing.
t p
final pla
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OUTLINE OF fN£W) CL~~SIFICATIONS
FOR PLUTINO AND SUBDIVISIONS IN THE ETA
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DOfinitionst
E A. A subdivision is any division of land into two or more
parcels.
B. For purposes of this ordinance, two classifications of
subdivisions are createdr
(l) Small subdivisionst t
(2) Large subdivisions.
C. A small subdivision is a subdivision which has ell of the
followinj characteristicet
(1) Both the remaining part of the pre-subdivided tract and
fhs subdivided tract must be acres after the
subdivision;
(2) No other subdivi _on out of the pre-subdivided tract of
land can have been made within years previous
to the application date of the instant application for
classificatio and plat approvalt
(3) The subdivided tract for which plat approval or
classification is sought m.tatt
I (a) Have atrleast test of frontage on an existing
public (b) Have no proposed interior streetat
(c) Have no proposed interior utility lines to supply
utility services to more than one owner of the
subdivided tractt
or by the
for on forms
(d) submit an
snton application
classification provided
city of D plat
approval, which application shall contain the
following information)
(i) The name of the real owner of the tract to i
l be subdividedt 4
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Ili) The reel name of the applieantt j
(iii) A survey plat performed by a licensed
professional surveyor complying with
V.A.T.B. art. 971st
(iv) A drainage map showing a foot contour
and proposed handling of on-site and off-
site down-stream drainages
(v) Showing on the survey plat all existing
{ abutting public toad(s), naming such
road(s);
(vi) A statement of the proposed septic or
sewage disposal system.
(e) Agree to dedicate to the County of Denton, or its
successors or assigns, a toot-wide
general utility easement along and across the
frontage of the pre-subdivided tract;
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(f) A statement of proposed use of the property$
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~ (q) The payment of an application fee in the amount of
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(4) A small subdivision plat shall, upon final approval, be
recorded and shall authorize the issuance of a building
permit. The City of Denton may refuse to give final
plat approval it the City daterminese
(a) The application is false in any material respects
(b) The information submitted reveals thati
(i) The drainage plan creates a hazard to the
subdivides tract 'tor down-stream land ownersr
1 or
(11) The ■ewage plan is inadequate to handle
effluent from the proposed use or occupancy
of the subdivided tract.
(c) Applicant refuses to dedicate the utility
easement.
(S) A large subdivision is any subdivision other than a
small subdivision. Any large subdivision shall comply
with all planning, platting and subdivision rules,
regulations and ordinances of the City of Denton before
final approval may be granted, subject to any variance
granted by the City Council. ?
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?E:RIMETER STREETS
Staff recommends the following exceptions to perimeter street
hoth in the
improvements be adopted. The exceptions would apply
city limits and extraterritorial jurisdiction.
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The require-
(s) Exce bons to Perriom~etenggStroe~
perimeter streets to City ttR: uEProvement of existing
menu o t s sect on P epecificatione shall not apply to' famil (a) a plat for a single lot for asingle a larger
residence where such lot is not part
eneral scheme of development or subdivision of
land containing more than one residential lot;
(b) a development that abuts 100 or lesshfee, !sting
existing perimeter @treats where
etr~ either side of
off-site perimeter street
improved the
abutting p•r!meter hers are no proposals
City specifications and t
or plans for improvements to the perimeter street
on either side of the abutting perimeter streatI
as shown in the City's Capital Improvement Plane
or by approved plats or to uired by plat
presently submittedor app ore
(c) a development which: not (i) extends a required of Denton water line tose o the
V property to serve the development; and,
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more {ii} from an existing Citynof Denton gwater lines
measured along a straight line from the
nearest bounder y of the development to the
nearest water line.
Any davalopmeat falling within the exception of tti s improvement ons
but which is required to make off-site street imp
repairs in accordance with this C`duelid`w;oo mktsth:nimproviments
than e100 p vehicle trips per day)
and repairs to she existing perimeter streets as is required for
the off-site streets.
PAGE 1
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SUBDIVISION AND LAND DEVELOPMENT REGULATIONS
i Major revisions include:
Add exemption clause for perimeter street paving if structure is
located a specific distance from a City of Denton water line and
under other specific criteria.
- Require pavement of a 25 foot width street for perimeter streets.
Current regulations require 17 feet and city builds an additional
7 feet.
- Deferral of arterial perimeter street requirements by Commission
through an escrow agreement.
- Establishes criteria and Fpecifications for allowing private
streets or roads and for creating an association to maintain the
b private roads. Current regulations only allow private roads in a
planned development.
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- Off street improvements, such as patching, reconstructing, or
overlaying, will be required in accordance with a "distress"
rating performed. '
r ~City will participate in traffic management in parking lots, i.e.
stacking areas required. (A-5)
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Clarifying requirements for relocating or cinstng existing drive-
ways. Currently all driveways are reviewed when a Certificate of
Occupancy is requested.
{ - Clarifies requirements for sidewalks and adds provision for de-
ferral if perimeter street improvements are deferred. Requires
all streets,
both sides of
sidewalks on
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2222L
NO.
i OF DENTON TitROUGHNANDE NCLUDINGI ARTICLE 4 06 OFXCHAPTERN IV OF ARARTICLETICLES
i OF APPENDIX 4 (DENTON DEVF'^?MENT CODE) OF THE CODE OF ORDINANCES
TO PROVIDE FOR NEW AND AMENDED REGULATIONS AND REQUIREMENTS FOR
STREETS, DRIVEWAYS, PARKING LOTS, AND SIDEWALKS; REPEALING
ARTICLES 4.17 AND 4.18 OF AP1,'1.NDIX A; PROVIDING FOR A SEVERABILITY CLAUSE
MAXI
THE
PENALTY 10
T OF V OLATIONSOTHVIDING EREOF A AND PROVIDING FOR ANM FFECTIiVE DATE 500.00 FOR
WHEREAS, the C!ty of Denton, Texas, has found that revisions
of the Denton Development Code are needed to provide for more
understandable, effective, and efficient land development
requirements and regulations; and
WHEREAS, the City of Denton has undertaken a scheduled program
to revise and implement the new and amended land development regu-
lations and requirements; and
WHEREAS, the revised reguirt ions applicable to streets, drive-
ways, parking lots, and sidewalks have been completed; and
WHEREAS, it has been determined that immediate implementation
of those regulations would be in the best interest of the
community; and
WHEREAS, a public hearing on the proposed regulations has
been held in accordance with the provisions of the Local Govern-
ment Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That articles 4.01 through and including article
followaPendix A of the Cade of
read as III of
4.06~~A~Pter IV of are amended to Article
Ordinances
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CHAPTER IV
REQUIRED IMPROVEMENTS ANT) GENERAL DESIGN STANDARDS
DIVISION I. GENERAL PROVISIONS
Article 4.01 Purpose and Intent.
(A) The following standards and requirements are adopted for
the purpose of insuring that all developments provide, at no ost
to the City, for the streets, sidewalks, street lights, parking
lots water and sewer facilities, drainage facilities, and other
public and private improvements and facilities which are reason-
ably necessary and adequate to serve the development.
(B) These requirements are adopted with the intent of
requiring each development to provide for those public facilities
and improvements to serve the development to the extent that the
j required facilities and improvements bear a reasonable connection
1 to the need created by the development, and to the degree that
the development receives some benefit therefrom.
Article 4.02 A lication and Interpretation of Standards and
equ rements.
(A) All persons developing property to which this Code
applies shall design, construct, install, and provide for the
facilities and improvements herein specified in accordance with
the standards and requirements of this Code.
(B) The Commission shall have final authority over the
interpretation and application on any pprovision of this Code.
These standards and requirements shall be liberally interpreted
and applied so as to achieve the purpose and intent of the
standard or requirement. Where literal application of a
requirement in a particular case would clearly not achieve the
purpose or intent of the requirement, the Committee may recommend
and the Commission may impose a stricter requirement so as to
comply with the purpose and intent of the requirement.
(C) These standards and requirements shall be cumulative of
any other regulations or requirements of the Uniform Fire Code,
1 Uniform Building Code, zoning ordinances, flood prevention and
` ^.ontrol ordinances, or any other ordinances.
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Article 4.03 City Participation in Public Improvements.
(A) In any case where this Code requires any development to
provide for streets, sidewalks, water or sewer lines, drainage
facilities or other public impprovements, the City may, at its
option, choose to participate in the cost of increasing the size
public. the develop-
to h meet improvements
, scope
the e needs of the required
so as of
ment(B) Where the City chooses to participate, the developer and
City shall enter a written cost participation agreement setting
forth the respective duties of the parties. The public improve-
ments to be constructed pursuant to the agreement shall be deter-
mined by the public bidding procedures required by State law for
public projects, Bids shall be solicited so as to obtain the
proportionate costa of the developer and City for the work to be
performed under the bid to be awarded. In accordance with State
' law, the City may choose to participate in the cost of public
improvements without public bids when the City's cost is thirty
percent or less of the total contract price.
DIVISION II.
STREET REQUIREMENTS AND DESIGN STANDARDS
Article 4.04 All developments shall provide for streets to
serve the development in accordance with the following require-
ments and design standards.
(A) STREET CLASSIFICATIONS.
For the purpose of determining the street requirements of
this Code, all streets shall be classified and defined as follows:
(1) Primar Arterial. A street, including freeways,
w ose mawpurpose is to serve as a major route
into, out of, or across the City, or connect one or
more of the City's major activity centers. These
E streets are shown on the City's thoroughfare plan
and are usually located at least one mile apart.
(2) Secondary Arterial. A street whose main purpose is
to serve as a major route from one area of the City
to another, as a connection between one primary
arterial to another, or provide a major route to one
or more of the City's moderate activity centers.
These streets are shown on the City's thoroughfare
plan.
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t whose from main local streets to
(3) Collector. A street
co ect and directo traffictraffic between arterial
arterial streetsovide access to abutting commercial
streets, or to p ies, or higher intensity
handle no
or industrial propert gg
I de ehicle trips per id aye to
resand uses. It is oredthana101o00 v
m
A street whose sole purpose is to provide
tin single Family or two family
(4) Local.
access to abut ies. It is designed to serve no
residential propert day.
more than 5,000 vehicle trips per without curb
(5) Estate Subdivision. A local street, vide direct
and- gutter, w ose sole purpose is to pro
access to single family lots of one acre or more,
each lot having 100 or more feet of street frontage.
(6) Cul-de-sac. A street which terminates in a
ve cu air turnaround.
which is
Mar inal parallel Access. A street It is
para a an
designed to pro videnaccess to abut ings properties so
that the properties are sheltered from the effects
or so
the of traffic traffic on the the earteriale
that the fl street is,
not impeded by direct driveway access from a large
number of abutting properties. When used rias a
vets
private drive, it shall be referred to as a p
parallel driveway."
Any new or existing street, of any
(8) Perimeter.tionlocated or to be located along the
c ass ca,
boundary of the development.
access
(9) Alle A public or private vehicular ofway,
ea gned for the special accommodation o t e
it serves and not intended to be used for
property
general public use.
(H) COKPLIANCE WITH SPECIFICATIONS. with the
(1) All required street improvements shall comply
"Street Design Specifications", as ra h contained in Appendadditionalix A-1.
Right-of-way widths in excess of the Street Design Specifications
width
C, due to shall be required de e
is necessary to p adequate earthoelopee.y~
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(2) All required street improvements shall be constructed in
accordance with Division 11 ("Materials") and Division III
("Method") of the City's Standard Specifications for Public Works
.T. Stan ar
Construction North Central Texas, as amended
F11
cat ons ere any provision of tSpecifica-
with a provision or requirement of the N.T.C. Standard
the provisions of this Code shall control.
tions,
(C) STREET CAPACITY.
(1) All developments shall provide for those streets, includ-
ing new streets, the improvement of existing streets, and the
associated improvements and rights-of-way, which are necessary to
provide adequate capacity to carry the traffic to be generated by
the property at full development.
defined the latest iedition lofinean
a level of service "C", d the
Heaearc Ca acito CMenuat oval ResearcheCouncilthe Transportation oari
(2) Any streets required by the provisions of this section
shall also include any drainage structures that are part of the
street improvements and are necessary to serve the development in
accordance with the drainage requirements of this Code. In the
case of estate subdivision streets, no underground drainage
improvements, driveway hcu4vlrtside hslopes shallredbe
but ut adequate
provided.
(3) To provide for future street improvements, any development
may elect, upon the approval of the City, to dedicate more street
right-of-wa than would otherwise be required for the develop-
ment in eu of required of the development constructing by this Code when~t system otherwise
(a) The additional right-of-way will be needed foa
j proposed arterial street, as shown on the City's
thoroughfare plan;
(b) oOmitting ths street therwise be required improvements s subthat would
stantially
impair the safe movement of traffic created by
the development;
(c) The market value of would, us determined by het Cityl Engineer, right-of-way
would, equal to or greater than the cost of the street
improvements which are to be omitted.
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(D) PERIMETER STREETS. 1
(1) New Perimoter Streets. Street systems shall be laid out E
so as to avoid the nee or new perimeter partial streets (i.e.
streets that have less than the full required right-of-way and
pavement width for the class of street). However, if an arterial
street is proposed by the master plan on the boundary of the
development or the development creates the need for a new
perimeter street, the development shall provide the portion of
the perimeter street for which it reasonably creates the need,
but in no case shall that portion of the street provided be less
than a pp
pprovidedawithncurb width and gu ter ealonglthee side abutting streets the shall be
If the perimeter street is ultimately proposed serve
as a divided arterial street, and the development required I
install half of the arterial street, curb and gutter shall be
provided on both sides of the perimeter street.
(2) Existin Perimeter Streets. Any development on the peri-
meter o an unimproved per meter atreet shall dedicate the right-
of-way and improve or reconstruct the street to the same extent
as is required for new paragraph, ain "unimprovedr perimeter" estreet Fshall emean p a purpose
street, other than s federal or state highway, which does not
ply with
requirements substantially of this Code.
have u
specifications which or does not
street design
(3) Off-site Connectin Streats. The perimeter street
required to be improved a e e connected to existing off-site
streets in accordance with the horizontal design specifications
shown in Appendix A-2.
(4) Desi n S ecifications for Perimeter Streets. Perimeter
streets a a e u t or mprove w tt cur an gutter and the
necessary drainage facilities in accordance with the specifica-
tions and provisions of this Code applicable to other streets.
Upon recommendation of the City Engineer, a required perimeter
street meeting design standards, but without curb and gutter and
related underground street storm drainage facilities may be
approved whenever:
(a) tial required devel development imina a street intensity is for a area, as
shown in the City's master plans;
(b) the development is not located in an area where
the pattern or intensity of development would
create the need for improved urban drainage
facilities in the foreseeable future; and,
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(c) there are no existing or proposed improved drain-
age facilities, as shown by the City's Capital
Improvement Plan or by plats approved or pending
approval, in such proximity to the development
that would connect to or receive the drainage
waters from the required street drainage
improvements.
(5) Exce tiona to Perimeter Street Requirements. The require-
ments o t s sect on providing or the improvement of existing
perimeter streets to City specifications shall not apply to:
(a) a plat for a single lot for a single family
residence where such lot is not part of a larger
general scheme of development or subdivision of
and containing more than one residential lot;
(b) a development that abuts 100 or less feet of an
i existing perimeter street, where the existing
I
off-site perimeter street on either aide of the
abutting perimeter street is not improved to
City specifications and there are no proposals
or plans for improvements to the perimeter street
on either side of the abutting perimeter street,
as shown in the City's Capital Improvement Plan,
or by approved plats or to be required by plats
presently submitted for approval; or,
(c) a development which:
i (i) is not required or does not propose to
extend a City of Denton water line to the f
property to serve the development; and,
(ii) is located more than eight (8,000) feet
from an existing City of Denton water line,
measured along a rtraight line from the
nearest boundary of the development to the
nearest water Tins.
Any development falling within the exception of this section,
but which is required to make off-site street improvements or
repairs in accordance with this Code (developments generating more
` than 100 vehicle tripe per day) shall also make the improvements
` and repairs to the existing perimeter streets as is required for
the off-site streots.
(b) Deferral of Arterial Perimeter Street Requirements. Any
development w c would be required to improve an existing
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perimeter street, which is designated or proposed to serve as an
arterial street, to less than its full pavement width, may, upon
request receive a deferral of the required improvements if the
Commission determines that other public street improvements are
proposed for the immediate area in the foreseeable future, as
evidenced by the Capital Improvement Plan or plats approved or
pending approval, so that deferral would be in the public
i interest. Vnenever a deferral is granted, the following require-
ments shall apply:
(a) The developer shall, before development construc-
tion begins, enter into a written escrow agree-
went provided by the City. The agreement shall
provide for the deposit of funds with a Denton
County bank, as escrow agent, in the amount of
the current cost of providing for the required
street improvements, as determined by the City
Engineer. The escrowed funds shall be deposited
in an interest bearing account, the interest
earned to be aid into the account to cover the
t aid
cost of providing for the street.
(b) The City may thereafter require the improvements
to be made in conjunction with any other street
improvements in tho immediate area within five
years of the date of the escrow agreement, upon
written notice of the City Engineer given to the
developer. If within such five years no notice
is issued, the escrowed funds, with interest,
shall be returned to the developer. If the deve-
loper fails or refuses to undertake the improve-
ments in accordance with the notice given, the
funds shall be paid to the City, which ahall
undertake to perform the improvements.
(E) Ih-PROVEKENTS TO EXISTING OFF-SITE STREETS.
(1) Any development which is to generate more than 100 vehicle
trips er day at full development, as determined by the City,
shall improve or repair connecting off-site streets as necessary
to provide a safe and adequate paved surface for the amount and
type of traffic generated by the development.
(2) The off-site street improvements or repairs need not meet
the specifications for new streets, but shall include such
patching, reconstruction, or asphalt overlays determined to be
necessary by the City Engineer to provide for the safe movement
of vehicular traffic gan.rp.ted by the development, pursuant to a
"distress" rating performed by the City Engineer in accordance
with in Appendix A-3.
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4 (3) Off-site street improvements shall not be required beyond
the nearest intersecting arterial or collector streets.
(4) The requirements of this section may be waived for that
thetimmediate fuoff- ture, assshc n bytthe City~seCapital Improvement
Plan or plats approved or pending approval.
(F) ADEQUATE STREET ACCESS.
All developments shall provide the necessary street system,
on-site and off-site, to insure that there is safe and adequate
access to the development and to each lot within the development.
No new strets determining ethe shall access e velocated quirements hi for eeach t developm nt, the
following shall be considered:
fire, and other emergency vehicles;
(1) Access for police,
(2) The condition of existing s::reets in the area to be used
for access;
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i oaseatresultaofmthe be created at development; Proposed or existing
intersections (4) The proposed circulation of traffic from and into proposed
or existing streets; and,
(5) Any other condition, existing or proposed, that may affect
safe and adequate access.
(0) C RDINATION ulFru SURROUNDING STREETS.
d(1) The street sya ~m for note with existing, proposed, andhanticipatedtetY seta within and
outside the development, and shall be extended outside the deve-
lopment when necessary, so provide
circulation aofgt affic, or fthe or
movement
safe and effective
other reasonable traffic considerations.
(2) Streets shall be in alignment with existing or proposed master topo ra of requirements roperties circulation, oreother planning
topoaphy
conegr derations make it desirable to depart from the alignment.
(3) Local streets shall intarsect so as not to create block
lengths in excess of 1,200 feet, measured along the center of the
block.
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4) ishedetermined thatoctheo extension rwould streetPs be
fornian
unacceptable use of the street for substantial through treEfic.
Streets not required to be extended beyond the development, but
that are to be connected with proposed or anticipated streets
outside the development at a future date, shall be extended to
j Cul-de-sacsyshall be providediin accordancen with othesprovisions
1 of this article.
(1) INTERSECTIONS.
(1) Streets shell ba laid out so as to intersect as nearly as
possible at a ninety (90) degree angle. Curvilinear streets !
shall be designed so as to approach an intersection at a right
angle for at least 100 feet from the intersection. Not more than
two streets shall intersect at any one point.
(2) Proposed intersections along one side of a street shall
coincide with existing or proposed intersections on the opposite
side of the street. Where a center line offset (jog) is allowed
at an intersection, the distance between center lines of the
intersecting streets shall be not less than 150 feet.
(3) Different streets which connect with the same street shall
maintain a distance separation between the intersecting streets
in accordance with Appendix A-7, The specified distances shall
be measured from the nearest right-of-way lines of the two con-
necting streets, at the point where the t
the common street. wo streets connect to
(4) Intersections shall be designed with a flat grade when-
ever possible. In hilly or rolling areas, at the approach to an
intersection, a levelin area shall be provided having not greater
' than a two ce of measured frome thetnearest arighttof-waytline of the inte rsecting
street, g
(5) Intersections shall be designed and constructed so that
slopes, trees, or other natural or man-made structures do not
create a visual obstruction within any "intersection visibility
Ordinances,
dedicationsasforfiothery than Code of
All right-of-wa
local Streets shall
include the intersection visibility triangle. In the CBSe of
intersecting local streets, the City Engineer may allow a
reduction of the required dedication of right-of-way below that
ifinotwneededefor maint nance, repair,ctreco'nst uction t or rtreffic
safety.
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(J) MEDIANS.
(1) When any development is required to provide more than
one-half of any arterial street, a median shall be provided in `
accordance with the design standards. II
(2) All portions of the median less than eight feet irk width
shall be installed with a maintenance free surface of yatterned
concrete. Other portions of the median shall be installed with
an automatic water irrigation system, the plans for which shall
be approved by the Parks Department.
(3) For every 1,000 square feet of median area not of a con-
crete surface, a tree with a trunk of three inches or more in
diameter, measured from ground level, shall be installed. The
I type of trees used shall be from an approved list maintained by
the Parks Department. The median area shall be sown with grass
in the manner and of the type specified by the Parks Department.
I
(K) CUL-DE-SACS AND DEAD END STREETS.
(1) Cul-do-sacs, or loop streets, shall be used whenever
necessary to discourage through traffic on residential or local
streets. No cul-de-sacs shall be located except at the end of a
street or the intersection of streets and shall be of a maximum
length of 1,000 feet.
(2) All permanent and temporary dead-end streets on which
there is located a building lot that does not have fronte.ge on
any other street, shall be developed with cul-de-sacs. The
length of the street on which a cul-de-sac is located shall not
be more than 1,000 feet, measured from the end of the cul-de-sac
to the nearest intersecting street.
(3) The right-of-way of a cul-de-sac shall have a radius of
60 feet for arterials, end 50 feet for all other streets. The
radius of the paved portion of the turnaround, measured from the
outer edge of the pavement, shall be 40 feet. All permanent
cul-de-sacs shall bd built in accordance with design standards
for streets and shall be provided with curbs and gutters.
Temporary cul-de-sate for dead-end streets which are proposed to
be extended shall be in accordance with the specifications of
Appendix A-7. They may be constructed of asphalt or rock
material approved by the City Engineer, and shall to located
t within a dedicated right-of-way.
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(L) ALLEYS.
(1) Alleys may be allowed in residential developments and may E
be required for developments in nonresidential zoning districts `
where necessary to provide for adequate access for service
vehicles, off-street loading or unloading, access for emergency
vehicles, or similar reasons consistent with the intent of these
standards, I(
(2) All alleys shall have at least two direct access points
to local public streets, each access point terminating onto
separate streets,
(3) Alleys shall not have access to arterial or collector
streets. f
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(4) Alleys shall not be dedicated to the public except where
such dedication is determined to serve the public interest.
(S) Alleys shall conform to the detiign standards shown in
Appendix A-4.
(M) PRIVATE ROADS.
(1) 1 development located in a planned devele pent zoning
district may be approved with one or more private roads when:
(e) The road will have direct access onto a public
street;
(b) The road is not necessary or planned to serve or i
provide for traffic or drainage outside the
development;
(c) The road is so routed or designed so ae to
discourage through traffic;
(d) The road will provifde for adequate access, the
safe movement of trafic, drainage, and generally
serves as an adequate alternative to a public
street; and,
f (2) When the private road will serve more than one lot, the
developer shall submit to the Commission for approval a written
and binding declaration, to be recorded prior to the acceptance
r of any public improvements, establishing an owner's association
I or similar legal entity which will have:
(a) the legal authority to maintain and exercise
control over the road; and,
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(b) the power to compel contributions from owners
within the development to cover their propor-
tionate shares of the cost associated with
maintenance of the road.
i
(3) Private roads shall conform to the design specifications
set forth in Appendix A-4, unless the road is the sole access to
{ the development, in which case the private road shall conform to
the design specifications for public streets.
(4) Where any parking areas or spaces are to be used along or
adjacent to the private road, the parking areas and spaces shall
be designated and constructed in accordance with the design
R standards a plicable to parking lots so that the parking areas
snd spaces will not interfere with the use of any public streets.
(5) For the purpose of this section, a "private road" shall
F mean any open way used for vehicular traffic, not dedicated to
public use and not part of a parking lot, designed and used to
provide vehicular access to a development or lot.
(N) STREET NAMES AND SIGNS.
(1) Street names shall be assigned by the developer, subject
t~, Commission approval, by placing the name on the plat. Streets
wb:ch are to be in alignment with existing streets shall be given
the same name. Names shall be sufficiently different in sound
s and spelling so as not to cause conflict or confusion
(2) Street name sign9 shall be installed by the developer at
all intersections within or abutting the development prior to the t
acceptance of any street. The name signs shall be constructed,
located, and installed in accordance with written specifications
on file with the City engineer.
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(D) STREET LIGHTING.
(1) All developments shall provide for lighting of all
streets, sidewalks, and public rights-of-way which are to be used
for vehicular or pedestrian traffic so as to insure the safe use
thereof.
(2) Street lights shall be installed within dedicated
eaaements at all intersections, in cul-de-sacs, and along all
public streets at intervals of no more than 300 feet.
(3) The required street lights shall be installed by the City
upon payment of the cost by the developer. No streets sidewalks,
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or other public rights-of-way required to be lighted shall be
accepted for public use until the requirements of this section
are met.
(P) FIRE LANES.
All developments shall provide for fire lanes In accordance
with Article V of Chapter 10 of the Code of Ordinances, as
amended.
DIVISION III.
DRIVEWAY, PARKING :OT, AND SIDEWALK
REQUIREMENTS AND DESIGN STANDARDS
Article 4.05. All developments shall provide for the drive-
ways parking lots, and sidewalks to serve the development in
accordance with the following requirements and design standards.
1
(A) DEFINITIONS.
In this article, the following words shall have the following
meanings:
}
(1) Driveway. That portion of the parking lot that consists
of a trave ane opening onto a public street. s
con-
(2) Parking Aisle. The portion of 1 's
sisting U-1-anes providing direct access to t parking spaces.
(3) Parkin Lot. That portion of any lot that is used by
vehicles or access, circulation, parking, and loading and
aisles,
unloading.
spaces, driveways, t and travel loading lanes, and unloading ararea eas,
parking
(4) Travel Lane. That portion of the parking lot which is
used for t e c rculation of traffic entering, exiting, or
traveling through a parking lot, and is not used for parking
spaces or parking aisles.
(B) DRIVEWAY PFAMIT PROCEDURES AND REQUIREMENTS.
No person shall construct any new driveway or reconstruct,
alter, or relocate any existing driveway without first obtaining
a driveway permit, except where the reconstruction, alteration,
f
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k or relocation of an existing driveway is approved in accordance
with the apprcval of a plat, replat or issuance of a Certificate
of Occupancy as provided herein.
(1) APO~Jcjtion Procedures.
A completed application for a driveway permit
f (8) b e made to the Depar tment of Public Works.
shall
The application shall contain sufficient infor-
matio;, to determine whether the request complies
with the requirements of this article.
(b) If the application for a driveway shows that it
would clearly violate a requirement of this
article, the applicant must give detailed infor-
mation why compliance is not possible or should
not be required, and shall submit a traffic
accepted
study, performed in accordance with ccete ,
'I
i ~ professional traff is engineering at
containing information specified by the City
Engineer,
(c) Any application for a driveway connecting to an
arterial or collector street shall be submitted
with a site plan, drawn to a scale of at least
1" to 50', showing the following:
(i) The proposed land use and the location of
existing and proposes structures or build-
ings,
• (ii) The general layout of any parking lot on
the property, including any parking iota,
or portions thereof, located on other
properties which are not totally separated
or designed to be used independently.
(iii) The dimensions, location, and design of
the driveway for which the application is
made.
(iv) All significant traffic features of the
street to be accessed by the driveway (to
the nearest intersecting streets on each
side of the driveway, which are not
abutting the property), including the
width, number of lanes, street parking,
distance ocation l and intersecting distance to other streets, drive-
ways ways l on either side of the street.
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(v) Any other information specified by the City
~n which is resonablssar to
makers a rdetermination awhether thee driveway
would comply with the requirements of this
I article.
If the driveway for
i (2) Issuance of Permit: Conditions.
which the app cat on was made a in complie i issued msyipro-
the permit shall be issued. Any driveway permit
vide for any reasonable conditions ar limitations that would
serve the purpose of any requirement or are necessary to provide
for traffic safety, including, but not limited to the following;
(a) Requiring that an existing driveway be relocated
or that a new driveway be located so as to allow
for joint or shared access by adjacent properties
for present or future development;
(b) Use restricti.ons or special design requirements
for the driveway or the parking lot it serves,
such as divided one-way traffic, controlled
or turning controlled access n from or the out of street; he driveway,
event. or until the
of a specified secified
(c) Temporary occurrence use for a
1
eals. An applicant may appeal any
al, Refusal of PermiPat,
denial, con t on, or at n aof a permit to the Committee.
If the Committee ue8l toe refusal, condition or
Commission, which shallitmake ationa
the applicant may app app
final determination after Citizen'sT Traffic Safety Support Commission commendation from the
1
(C) APPLICATION OF REQUIRE KEN TS TO EXISTING DRIVEWAYS.
(1) After the effective date of this article, any person
applying for approval of a plat, replat, or is, Certificate of
Occupancy for any property on which there is an existing driveway
which does not comply with the requirements ta of is ar i uan h all,
as a condition to approval of the plat, rePlat
the Certificate of Occupancy, make such modifications of the
existing driveway as is necessary to comply with the requirements
of this article, if:
requires Certifaan
(a) The approval o is for 1 at ' use that or
of Occupancy
increase in the number of parking spaces beyond
the number required for the prior use;
PAGE 16
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(b) The existing driveways and the size and arrange-
ment of any parking lots, including travel lanes,
have been or are proposed to be altered or
rearranged from that which existed under the
prior use; or,
C
(c) The property has remained vacant for more than
six months.
(2) Where the closing or relocating of one or more existing
driveways, or portions thereof, is necessary to comply with these
requirements, access shall be closed by the installation of curb
and gutter along the gutter line of the street, if any, and the
l filling o£ the existing driveway approach depression with asphalt
f or concrete, all in accordance with City specifications. If there
the
curb and utter street
is no e closed sin the manner specifiednbyhthe City,Engineeriveway shall
b
(3) Any person may appeal the requirement of any modification
to existing driveways as provided for in denials of driveway
permits.
(D) ACCESS TO ARTERIAL STREETS.
(1) Purpose. The following access regulations are adopted in
recognition that primary and secondary arterial streets are
designed and intended to be used as mayor routes carrying high
volumes of traffic. Each driveway access allowed to an arterial
street will necessarily interfere with the function of those
streets. These regulations, therefore, are adopted for the
purpose of preserving and enhancing the traffic capacity of
arterial streets by strictly limiting direct driveway access to
those streets.
' (2) Drivewa Access to Arterials to be Deai nated b Plat. The
location an po nts o access to arter a streeta a a e eter-
mined and shown in accordance with the approved preliminary plat.
No driveway shall be constructed which has not been shown on the
approved preliminary plat.
(3) Access Criteria. Driveway access to a primary or
secondary arter a street shall be governed by the following
criteria:
(a) Access to any arterial street shall not be
I allowed unless there is no other reasonable
I means of providing safe and adequate access to
the property.
PAGE 17
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(b) Developments and residential subdivisions shall
be required to provide a public marginal parallel
access street, alley, or private parallel access
drive to serve the development or individual
lots fronting the arterial street, unless the
requirement would make the property wholly
rt useless for any permitted use as zoned.
(c) No development shall be allowed access to an
arterial street if property excluded from the
deve'opment plans could have reasonably been
used to provide adequate alternative access. i
(d) Any property previously subdivided in viola-
tion of State law or City ordinance shall not be
allowed access to any arterial street, if other
access could have been provided except for such
unapproved subdivision of the property.
(4) Access Standards. When no other driveway access to an
arterial street is posa bie in accordance with this article, the
I following standards shall apply:
(a) Only one driveway per property shall be per-
mitted, unless all of the following conditions
are met:
(i) the applicant submits a traffic engineer-
ing study clearly showing that the traffic
for the single permitted driveway would
exceed 5,000 trips per day, or 500 trips
per hour during peak hour use;
(ii) permitting the additional driveway would f
not violate driveway separation or corner
clearance standards; and
(iii) the need for each additional driveway
would substantially outweigh any traffic
problems or hazards created on the
arterial street by allowing the additional
driveway.
(b) The driveway shall, whenever possible, be
required to be located and designed so as to
provide joint or shared access with adjoining
properties.
(c) The development which is allowed access shall be
f required to pay for, design, or provide, at no
PAGE 1g
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cost to the City, all traffic control signs,
equipment, structures, devices, or improvements
which are reasonably necessary to minimize the
effect of the access allowed or to provide for
the safe movement of traffic or pedestrians.
t
(E) ACCESS TO COLLECTOR STREETS.
(1) Commercial, industrial, and multi-residential properties
fronting on collector streets shall be allowed one driveway for
each 75 feet of frontage on one street, provided that each drive-
way would meet the separation and corner clearance requirements
of this article.
(2) Residential subdivisions shall be required to provide a E
marginal parallel access street alley, or private parallel 1
access drive to serve the individual lots fronting upon a
collector street, in accordance with the policy applicable to
arterial streets.
(3) If any lot for single family or duplex residential dwell-
inga is allowed direct driveway access to a collector street,
each lot may be required to share a common driveway. If shared
access is not required, no lot shall be allowed more than one
driveway.
(F) SEPARATION OF DRIVEWAYS.
(1) These regulations are for the purpose of insuring that
all driveways are separated by sufficient distance so as to avoid
interfering with the safe movement of traffic. In interpreting
and a2plying the separation requirements, the following shall
apply:
(a) The separation requirements shall be determined
in reference to any existing driveways on or off
the property. Where applied to a property which
is located adjacent to an undeveloped tract, the
separation requirements shall account for the
placement of future driveways on the adjacent
undeveloped property.
(b) The minimum separation specified may be reduced
if the amount of street frontage for the pro-
perty is insufficient to allow for one driveway
access that would have the necessary separation
from an existing driveway on adjacent property.
If a reduction in the minimum separation
PAGE 19
specified is allowed, the separation shall be
reduced only to the degree necessary to allow
for the driveway.
(c) The separation distances specified shall be
measured from the nearest edge of each driveway
3 at the right-of-way line.
(2) The minimum driveway separation standards are as follows:
Street Minimum (ft)
Arterials 300
Collectors 75
Local/Estate 10
i
(G) COMM CLEARANCE STANDARDS.
(1) To insure that the traffic movements from driveways do
not unduly conflict with the movement of traffic on intersecting
public streets, the following minimum distances between driveways
and the intersections of public streets are adopted. In
interpreting and applying the standards the following shall apply: S
(a) A reduced requirement may only be used if abso-
lutely necessary to provide driveway access to
property where no other means of access meeting
the requirement is reasonably possible.
t
(b) The specified distances shall be measured at the
right-of-way line frog the edge of the driveway
nearest the intersecting street to the right-of-
way line of the intersecting street.
(2) The minimum corner clearance requirements are as follows:
Intersection Type Minimum (in feet)
Arterial - Arterial 250
Arterial - Collector 150
Arterial - Local 50
Collector - Local 50
PAGE 20
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(H) DRIVEWAY WIDTHS AND GRADES.
(1) Widths. Driveways shall meet the following width stan-
dards, unZeae adjoining properties provide for shared access of
one driveway, in which case a driveway of greater width as
` necessary to serve traffic from both properties may be permitted.
` i
` Curb
II Width (ft.) Radius {ft.)
j (a) Single or Two-family Use
Maximum
20 5
Minimum 10 5
(b) Other Land Uses
r Two-Way Driveway
Maximum 30 20
Minimum 24 10
One-Way Driveway
Single lane entry/exit
Maximum 15 20
Minimum 12 10
t
1 Two lane exit only
Maximum 30 20
j Minimum 24 10
(c) Upon a showing chat significant projected truck i
traffic creates the need for modification of the t
above, the following tiaaximum driveway designs may be 3
' permitted upon approval of the City Engineer:
Curb
Width (ft.) Radius (ft.1 Y
Two-Way Driveway 35 30
(2) Driveway Grades. All driveways accessing public streets
shall have no more than a fifteen percent (15
X) grade, but shall
have a minimum 6 inch rise from the gutter line to the radius
point.
PAGE 21
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(I) PARKING LOTS.
In order to insure that the use and design of parking lots do
not unreasonable interfere with the efficient. and safe use of the
j public streets, the following regulations shall apply:
I
(1) All properties shall provide for the number of parking
spaces as required by Appendix B-Zoning of the Code of Ordinances.
(2) The dimensions of all parking spaces shall be in accor-
dance with the dimensions shown in Appendix A-5.
(3) Parking lots shall be located or designed so as not to
require vehicles to back into a public street, a parking lot
travel lane or the area where parking area aisles intersect with R
travel lanes, as shown in Appendix A-5.
(4) Parking lots shall be designed so that no part of any
public street will be used as a maneuvering area, travel lane, or
a parking area aisle for any parking lot. Each driveway shall
have the required vehicle stacking distance within the parking
lot as specified in Appendix A-5, provided, however, the City
Engineer may recommend, and the Commission may impose a greater
stacking distance in particular cases, when clearly necessary so
to prevent interference with the use of any public street. Each
stacking area shall be designed as to be separated from the
remaining portion of the parking lot.
(5) Each property on which is located a business or facility
which offers drive through window service, such as fast food
restaurants and banks, shall provide the minimum required vehicle
reservoir capacity within the parking lot, as specified in
Appendix A-5, so that vehicles will not interfere with the use of
any public street.
(b) No property shall be designed to make use of the parking
lot of another property without the express written permission of
the owner of the other property.
(7) All parking lots shall be so designed and constructed
without view obstructions so that vehicles may enter, circulate
through, and exit the parking lot in reasonable safety without
danger to pedestrians or other vehicles.
(8) Parking lots shall be designed so that vehicles cannot
extend beyond the perimet( of the lot onto adjacent properties,
public rights-of-way, sidewalks, or areas used as walkways.
(9) Parking lots shall comply with the landscaping require-
ments of any other ordinance.
PAGE 22
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(10) All parking lots shall be surfAC-d Witt, asphalt °rendix
crete in accordance with the specifications set fcrt in Alicable
p-5, and shall be constI N T G° Standard ordanceSpwteth The
provisions of the City to
shall be properly maintained in good condition so as o be tholes or
s and finesoor o her markingsharedkepttvi ibleyandhdistinct arking space
+i
(J) SIDEWALKS. i'
The following requirements are adopted for the purpose of
y (1)
development ht eifromlk orracross
necess8ary each
wathes development.
(2) All developments shall, within the dedicated right-of-wa `
rovide sidewalks along both sides of all
imeter reefs swithin ede provid development and along one aide of piedes for an exception to the
however, that whenever this Code prov
specifications, no sidewalk nshall be existing required perimeter alongrthe existing
perimeter street, unless it is a state or federal highway, in
which case, a sidewalk shall be required.
(3) Sidewalks required by
this section shall be placed and set forth constructed hall according include hndi ep ramps oat all intersectionsnand
A-6, which s rovided
driveways. Sidewalks shall be constructed be concrete; approved, if:
that other materials, excluding asphalt, may (a) The material and construction methods used would
provide a sidewalk that is as durable, maintain-
able, safe, and as adequate as one made of
concrete; and
(b) The sidewalk would be more environmentally
desirable or more in keeping with the overall
design of the development.
(4) when the requirements for perimeter
on re tthispCodements
are deferred in accordance with the provisi of , the
deferred
required sidewalks for the perimete street may eals be sidewalks
in the same manner. In any cas, the nt for
may be deferred in the same manner as forperimeter i to a be streets widened eor
the existing perimeter street is proposed the Cit id ne it al
improved in the foreseeable future, as shown by Y Cap
Improvement Plan or a current State plan, if the widening or con-
struction would require the removal or relocation of the required
sidewalk.
Article 4.06 Reserved
PAGE 23
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SECTION IT. That Appendices A-1 through and including A-7,
as referenced herein, are adopted as part of the regulations and
requirements of this ordinance, as though fully incorporated
herein. d
SECTION III. That articles 4.17 and 4.19 of Chapter IV of
Article III o Appendix A of the Code or Ordinances are repealed.
SECTION IV. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would
have enacted such remaining portions despite any such invalidity.
SECTION V. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, as these provisions, regulations, requirements, or permits
or certificates apply to any property located within the corporate
limits of the City of Denton, shall be guilty of a misdemeanor
punishable by a fine not exceeding Five Hundred Dollars ($500.00).
Each such person shall be deemed guilty of a separate offense for
each and every day or portion ttLereof during which any violation
of this ordinance is committed, or continued, and upon conviction
of any such violations such person shall be punished within the
limits above.
PASSED AND APPROVED this the day of , 1988.
RAY STEPHENS$ MAYOR
ATTEST:
JENNIFER WALTER S, SECRETARY
CITY APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: Cam. `
PAGE 24
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APPENDIX A - 1
} STREET DESIGN SPECIFICATIONS
FOP, S1RF.Ef DESIGN
primary Secondary Collector Residen- Estate Sub-
Art.:rial Arterial Collection tial Local divisions
{ (1) Pavement width (face 24 with 4:1
to face) (feet) 2 (361) 2 (25')* 44 30 side slopes
(2) Number of traffic 6 4 4 2 2
lanes
(3) Lane widths (feet) 11 11 11 11 12
(4) Right-of-Way (feet) l0(1** 80 60 50 60
(5) Vehicle (vehicle
per, hour) 2,700#** 1,400**t 790 400 400
45 W 35 30 30
' 61 Design speed (mph)
(7) MinimuM grade M 0.5 0.5 0.5 0.5 0.5
7 7 7 '
7 7
(8) Maximum, grade W
cenLer line
(9) radius m (feet) 750 500 300 250 250
(10) Stopping site 175 215 250 200 200
distance (feet)
(11) Minimum median 14 14 n/a n/a n/a
width (feet)
5 [
(12) medinimum ian spaci
g (feet) 400 400 n/a n/a n/a
(13) Minimum radius for 20 20 20 No curbs
tin- 35 required
cu returns (
tersections
(14) Reverse curve
separation minimum- 100 100 75 0 0
(feet)
a *Divided roadways, each with specified width. ;
*~E4ht-of-wsy flares to one hundred twenty (120') feet of right-of-,,my
one hundred fifty (1501) feet from intersection on both sides Intersecting
other major or secondarY arterials.
*k*Lwel of Service "C".
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9 APPENDIX A - 2
Design Standards for
Connection of Perimter Streets
to
off-Site Perimeter Strcets
t
1? Minimum Length - 100' transition
i
f Minimum Pavement Section - 2" Asphalt - 6" lime -residential ,
S" Asphalt- - 6" lime - Others
2) Traffic Control as specified by the Engineering plans
according to the MUTCD shall be installed to provide for
safe, efficient, and properly marked use of the proposed
transitional areas.
{ 3) Chart Min Min
Design Radii Length
Residential 2SO 100'
Collectors 300 1S0'
Secr.,dary Arterial S00' 2S0'
Major Arterial 7SO' As needed
f NOTE; All radii and lengths are based on actual street section
constructed not classification.
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APPENDIX A- 3.
r K!Y A
(IIMlM
1~,1~ •aM 11~
'IMI . T
T"" M Dow own of owm ►Mw~M M AMf
1.11N H.10'll 31M~
ftrff" ram
tAOdiMM1 ! 7 10
Mew 10 1! It
/
AAVIUNQ L Mlpi! / t 10 OR
y~ 10 17 tf `
70 f
ltMw ti if
RIJ•IIMO M•11 1 / 10
y 1M 10 t! 1/
Some 11 If fa
DDIM110ATIDN• 1 1 10
maw" 10 1! 11
~N 11 1• f0
ClNW * tf 70
A m"T" is, 10 tf
Me"" N s NM a":
of I
3 CAA004 y~ fy f fa 11 f 13 11
•frl~f 1 10 11 N 1/ !0 1! 11 !0
IMTpM10 MMf • ! f
• t111M11t f f 10
M
•Irl,e t is
T'DTAL DtBTRE" Pat"" ~ •
40 OVEM AY . NEEDED
APPINDIX A-4
1
y ALLM AND PRIVAT= ROADS
MINIMUl1 RIQUIRIM M FOR ALLOYS MAR ACCISS)
Mlniaum Width I Minimum { KLnjM'a Thlrkne■s I Minimum
I I ICentse Linel I Casement
Zoning 1Pavswentllascmentl Radlue I■ sohalti■Concrats i Corner Clio t+
S
Residential { 12' { 16' I 50' I S" { S" I ' X 5'
I I I I I
i, I I I I
other =than { 16' I 20' I So' { 6" 6" 1 l0' X 10'
Residential 1 I I I I {
I I I I
1, r
MINIMUM RIQUIRIMCNTS POR PRIVATI ACCISS ROADS
I
I Minimum { Minimum (Mlnisua owicknea
ayesent Width ICentsr Lim 1 I
zontrs I one ba „_.I Radius i■Amohalt`■Concrete
I I I
Residential 20 I 1 2, I so' I s" I s" I
Zoning I 24, 50, 6" ; 6" I
other than I
Residential IlXoludinS Parkinsl { I I
Head in Parking Is disooursSed aloe: private roads, but nyr be
less of the length of the road.
or
permitted along 51Z
■ All sections are to have 6 inches of lice subgrade.
Concrete sections are to be reinforced with 3/6 inch We on 24 incb
centers or 6s6 number 6 wire mash.
20 feet is minimum fire lane requirement.
066902
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NONE,
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APPtNDIY A-S
PARKING LOT SWACI QMNWK R=OUIRDIMM)
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a
2 inches with
gsteting unpaved Parking Lot compactedwbase 6 inches ties base
I I ,
I
New Paek', Lots
Fire and .eive Lanes I S inches with 15 inches with
16 inch lime subgradel 6 inch lies subgrede
5 inches with 12 inches with
Parking Area compae%ad base 6 inches flex base
I
'a concrete sections are to be reinforced with 3/8 inch bars on 24 inch
II centers or 6 x 6 number 6 wire mesh.
Construction materials and methods ars to conform to North Texas Council
of Governments standard specifications and City of Denton addendum$ to the
NTCOG specifications.
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0669e/3
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APPENDIX A- 5
PARKING LOTS
} SPACE USSR VARIOUS PARKING
SPACE DIMESIONS AND MANEUVERING AREAS
k; 22 22' 2 a'
H 22. PARALLEL ® a m = Nt 22
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30• No 16
A N ~ i
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46• io No i in _
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APPENDIX A- 5
4 PARKING LOTS
,-L
10 4'
gil- 2111
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O N
60• a Na L- 6.40
s 10.4
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90• NINA-
V)
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II
N =NUMBER OF PARKING SPACES I
k jE I LILENGTH Of PARKING BAYS - i
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COMPACT PARKING SPACES
e-0'.d-o'.d-oI'.U .e'-d,f-o', I r9'-d, 19,40 x_191-01~ k
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APPENDIX Am 5
PARKING LOTS
~ I8' ,24'1A1~. le' f
I
2.0' o 2.0'
RV //FIRE' ~I
NE/ f
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ti
{ 4?
DRIVE LANE
d
niai 0
STREET
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APPENDIX Am 5
PARKING LOTS
(5)
KIWO M STACKM DiaTUCI IIlocrMpMM
r ai aaaaa Mia taaki Di t
0 - SO
31 - 100 20' r 40,
101 - 250 ' 604 E
251 - 500 !0'
501 and over 1 Traffic MAY Required
f
(6) MINIMUM STORAGE CAPO iTv
FM DRIVE THROUGH FACILITIES
Drive Thru Facilities '
x
7•
Z~
8 70
yQQ 36
8 74
622
070
a ,
~n
0619e/1 e
d 30 ~Q 60 a7 +00 ,70 40 too 166 700 370 730
Average Number of can Arriving During Yuk Nour
q
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+~1
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APPENDIX A - 6
IDEWALK AND HeNDICAP RAMP UETAI a
4.0'
1 Tog Of ri t
! Ik Approacl+ I
1:12 1:12 t
Sfo r♦ 17 (NIo; } PROFILE ViLrw
f]RIVLWAY RAMP
[Rietin ~
~o le" 4.0' le°
To Of Curb
i
i DMvoMOy Romp F L 0f Curb " Lip '(Mos)
PLIN VI JrRONT VI W ~
HANDICAP RAM
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1 VOr10s
4.
0
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Var1
LS:i1tInS Curb 2" Bond' ROW
CROSS StCTION ?
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APPENDIX A-7
TE14PORARY TURN-AROUNDS
I
I I minimum I * Minimum Thickness I
_ Zpnina 1 Outside R,atus I_ i had sock I Asahalt I
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I I I I I
' i 6u I 2
5" I
4
Residential
I I ~ I
Zoning 1 I 10" 1 5" ±
j OR*sld*atial1 45' I
I I I I - I
E
0 Turn-atounds ce4uice a 6" time subgrade. ;
DISTANCE SPACING SEMEN ~
INTERSECTING STREET CLASS M CATIONS
Aetecialr ~Qllector Local
Actsrials 3,200 1,000 200
400 I
Cpllectocs 0(it permitted) - 200
Local
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' February 16, 1988
' WORK SESSION
CITY COUNCIL AGE[JDA ITEM
Tps 1:1AYOi2 AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Herrell, City Manager
DISCUSS 1988 PLAtINING FORECAST-DENTON KilitlICIPAL LIT11 1IIE
-
l, Forecast" was distributed with the previous City
The "1988 Planning ell Utility
{ Cuuncil meeting packet. This forecast will be utilized b e a nt Plan,
Divisions to facilitate In the preparation
t Operation and t,laincenance Budgets end Revenue Forecasts.
The Utility Department is requesting review, comment and approval on
since it wi11 be utilized in the preparation of Capital
this document
4 j Improvement Plan documents eod the Annual Utility Operating Budget.
Respec y submitted,
,
Lloyd orrell, CS y
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Prepared/Approved byl
t nn ,
t: F7elaon, xecue vve D-Trec' i
Department of Utilities
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 588-8307
Offlto of the f lfy Manager
M E M O R A N D U M
TO: Mayor and Members of the City Council
i
ff FROM: Jennifer Walters, City Secretary
1 DATE: February 12, 1988 S
t
SUBJECTS Back-up for Agenda item { 5 - 6:00 p.m.
s
No formal back-up materials have been submitted for this item.
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
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MEMOPANDUM
4
1 `
DATE: February 9, 1988
T0: Lloyd Farrell, City yansper fi
FROM: R. F, Nelson, Executive Director of Utilities !
I t ~
1 RE: Voting Pel.gate for APPA Legislative Issues at APPA Annual t
a
yeeting June 29th.
Regarding the voting delegatt- foi, the APPA legislative issues at tl.e
APPA Annual bleeting in Seattle at the end of June, the forms frori
APPA usually core across my desk and, as in past years, I routinely
list whoever is on the Legislative and Resolutions Committee as the
voting delegate. Therefore, when the forms arrived about three
weeks ago, I sent in our APPA form as a matter of routine and listed
PUB Chairman, Roland Laney, as the voting delegate for Denton. In
past years, either the City Papager, Roland or myself have taken j
turns in serving on the Legislative and Resolutions Committee. 'This
year, Roland is serving on the L&P Committee. Although we have
normally just had the Legislative and Resolutions representative
take on this voting delegate task, it woul% he quite appropriate for j
a Council representative to serve as Penton s voting delegate.
~ i
I apologize for any concerns that may have developed from this, and
I look forward to working with the person appointed by the Council.
1 ~ k
Respectful)
{ R. E. Ne son, P.E.
Executive Director of Utilities
5 gcr
5285U:15
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YG F
n Y
CONFERENCE REGISTRAT
APPA's 1998 ANNUAL NATIONAL CONFERENrE JAN 1 5 W
Seattle, Washington
June 27-29, 1988
1 Y INI
CiT MANAGERS OFr E
PLEASE RETURN TO:
Barbara Opicka
American Public Power Association
230: M Street, N.!?.
Washington, D.C. 20037
,d
Please register the following individuals for the 1989 APPA Annual National
Conference:
Delegate's Nama T1tla
' Spouse/Gue. is Name ___-----W__
Delegate's Name Title
$ { Spouse/Guest's
Delegate's Name Title
Spouse/Guest s Name.
Delegate's Name r.- Tit1e_____
Spouse/Guest's Name A
APPA member utilities must designate a Voting Delegate and an Alternate for
the purpose of casting votes at the annual business meeting on Tuesday,
June 28, 1988, at 3:30 p.m. Pleasq indicate your utility's designees by
placing a "D" (Voting Delegate) or an "A" (Alternate) by the names of the
appropriate individuals registered above.
............................1.............................
REGISTER AM PAY k
BEFORE June 6, 1988 APPA Members $300 AFTER June 6, 1988 APPA Members $325
Non-Members $425 Non-Members $450
Spouse/Guest $ 65 Spouse/Guest $ 65
w
BILLI"G PROCEDURE: [ ] Payment enclosed. Please mare checks payable to APPA
3
] Please bill the below
s
AUTHORIZING OFFICIAL ITLE_-_-
i
UTILITY GR ORGANIZATION
CITY, STATE, TiP_---------_--
TELEPHONE (include area code)_.__.__.__...____._-
(continued)
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A4
CITY OF DENTON CITY COUNCIL MINUTES
January 19, 1988
The Council convened into the Work ;jession at 5:30 p.m. in the
Civil Defense Room,
j PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins
ABSENT: None
1. The Council held a discussion on a report regarding
the Dalian Drive beautification project.
Bob Tickner, Superintendent of Park Maintenance, presented a
proposed improvement plan for the median island of Dallas Drive
from Interstate 35 to the entrance of Township II at Rio Grande
utilizing a State improvement program which will fund the
projects on State tight-of-ways on a 50/50 basis. The proposed
improvements would be to the island using a technique similar
to that used on Lillian Miller. The island would be patterned
concrete around the edge with a plant island in the center. j
Tickner reported that this protect would be a little more
expensive because of the need for curb and gutters along this
portion of Dallas Drive, but felt the State may agree to
j funding this portion of the project also. Tickner gave a rough
estimate of $1(400 to $80,000. That figure could change
because of varia c es such as drainage.
Concensun of the Council was to proceed with the application
for the funds for the beautification project and for the
committee to present Council with a plan for systematic
beautification at a future meeting.
2. The Council received a report outlining the striping
schedule of City streets.
Pick Svehla, Deputy City Manager, reported that the schedule
received by Council outlined the streets to be striped. Svehla
reported to Council that striping was delayed by weather
because of the need for a minimum temperature for the epoxy to
adhere. He also stated that the City no longer owned a large
striping machine because it was too costly to operate. The
small machine utilized by the Street Lepartment was a little
slower. Since striping needed to be done more often, Mr.
Svehla reported that eventually the City would like to button
all streets and would work towards this end within budget
limitations.
Concensus -f the Council was to proceed with the stripinq
schedule of amity streets as presented.
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City of Denton City Council Minutes
k January 19, 1988
Page 2
j 3. The Council received a report on the FY 1987 Financial
Audit of the City of Denton and Management Letter.
1
Mr, Wayne Stephens, partner in the audit firm of Deloltte,
Haskins & Sells, presented the 1987 Fiscal Year audit which
ended September 30 1987. The auditing firm rendered a clean
opinion on financial statements and presented a Report to
Management with recommendations and suggestions of areas for
improvement. Mr. Stephens reported that overall John McGrane,
Executive Director of Finance, and his department did a good
job and commended everyone for their cooperation.
{ John McGrane, Executive Director of Finance, reported that he
would be preparing a response to the recommendations outlined I.
in the Report to Management and would present these to Council
in February.
i
Concensus of the Council vas that the City had received a good
report card and expressed a desire for the auditors to do a mid
year report in April aimed at addressing resolutions of items
outlined in the Report to Management.
4. TFe Council held a discussion on alternatives
regarding %he variance process.
Debra Drayovitch, City Attorney, reported to Council Members a
concern over subdivision regulations as they apply to the ETJ.
The City started endorsing these regulations in the ETJ in late
1983. Since that time, there had been 41 tequests for
variances in the ETJ. The Council needed to make a decision on A
whether subdivision regulations would apply Eo the ":TJ. Ms.
Drayovitch stated that there were several alternatives in
granting variances: grant no variances; use the currer.t
variance process (3 criteria); use different requirements ;or
different streets; or use a new law which allowed the City to
define "subdivision." In granting a variance, the City could
require a contract with the City Attorney.
Lloyd Harrell, City Manager, requested guidance from the
Council on dealing with variances. The first question
ddr!ssed was did the City want to enforce subdivision
regulations in the ETJ.
Concensus of Council was that the City should enforce
subdivision regulations in the ETJ, but perhaps with some
changes.
` Lloyd Harrell, City Manager, addressed the question of did the
City want to file suits in lieu of requiring the developer to
make improvements in lieu of unplatted sales.
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January 19, 1988
Page 3
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Concensus of Council was not to file suits,
Lloyd Harrell, City Manager, addressed the question of under
what circumstances was it not appropriate to require some or
all of the public improvements. First, as they applied only to
perimeter streets and sidewalks not dr.inage or utilities.
Second, perimeter streets and sidewalks not required under
certain circumstances such as single residential lots or site
location more than one mile from water and utilities.
Concensus of council was that they would like more analytical
` information from Staff indicating impact of granting these
variances under different situations and possibility of
recovering costs from developer instead of passing them on to
the taxpayers.
Due to time constraints, Council held over items to be
discussed in Executive Session until after the regular meeting.
The Council then convened into the regular meeting at 7:00 p.m.
in the Council Chambers.
PRESENTS Mayor Stephenal Mayor Pro Tem McAdams] Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
None
ABSENT-
The Council presented a resolution of appreciation to
Cecil White.
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The following resolution was considered=
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RESOLUTION IN APPRECIATION 1
OF "CECIL WHITE"
WHEREAS, Cecil White retired on November 30, 1987
after 32 years of dedicated service to the City cf Denton since
his employment commenced on July 1, 19551 and
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WHEREAS, during his career with the City, Cecil white
has consistently maintained an attitude of cooperation with and
dedication to the stated goals of the Fire Department of the
City of Dentonj and
I' WHEREAS, Cecil White has exhibited outstanding r
fff expertise, dedicating much time and effort in assisting with
the work of the Fire Department and has shown great spirit in
encouraging community involvement in the best interests of the
citizens of Dentonj and
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City of Denton city council Minutes
Janu4ty 19, 1988
Page 4
WHEREAS, Cecil white always served arvve and beyond
the mere efficient discharge of his duties and responded to his
duties in a loyal, trustworthy and extremely faithful
in a spirit of cooperation with his fellow employees, in
the best interests of the citizens of the community;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ii DENTON:
That the sincere and warm appreciation of the City
Council be formally conveyed to Cecil White in a permanent
manner by spreading this Resolution upon the official minutes
of the City Council and forwarding to him a true copy hereof.
PASSED AND APPROVED this 19th day of January, 1988.
k, 1
RAY STEPHENS► MAYOR
ATTEST:
JENNIFER WALTERS► CITY SECRETARY
APPROVED AS TO LEGAL FORM: s
1
DEBRA ADAMI DRAYOVITCH► CITY ATTORNEY
Gorton motion, Ayer second to approve resolution of
appreciation. On roll vote, McAdams "aye," Alexander "aye," j
Hopkins "aye►" Gorton "aye►" Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
1. The Council considered approval of a request by the
Jane Marshall School to hang a banner at Locust and Sycamore
from January 25► 1988 to March 7► 1988.
Council instructed the City Secretary that for subsequent
requests$ the persons are to work with the City Manager who
would then direct the Police Department on regulation of those
signs so that it was always understood in writing.
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City of Denton City Council Minutes
i January 19, 1988
Page 5
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Hopkins motion, McAdams second to grant request to hang banner
4 and instruct City Secretary. Motion carried unanimously.
I
Public Hearings
j A. Council was to consider approval of petition of
Joe Jeter requesting the following variances of the city of
Denton Subdivision and Land Development Regulations on a 91.1
j acre tract located on the east side of FM 2153 and the west
side of 2ackery Road, approximately 2,600 feet south of Burger
Road:
}.rticle III, 4.03 (H)(2) - which required
the improvement of a 1099.79 foot section of
2ackery Road
Article 121, 4.04 - which required the
installation of a sidewalk along a 1099,79 ;
foot section of 2ackery Road, V-42.
Item was pulled at request of the petitioner.
3. Variances
j
A. Council considered approval of petition of
Trinity Baptist Church requesting the following variances of
the City of Denton Subdivision and Land Development Pegulations
for a 12.05 acre tro,!t located at the southeast corner of FM
{ 1173 and Masch Branch Road:
Article 1II, 4.03 (2)(b) - which required
the improvement of a 1260 foot section of p
Masch Branch Road,
Article III, 4.15 (a) - which required
developers to make adequate provision for
storm or floodwater runoff channels or
basins. V-39. (TABLED FROM MEETING OF
JANUARY 5188)
McAdams motion. Alexander second to remove item from table.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
January 19, 1988
Page 6
David Ellison, Acting Executive Director of Planning and
Community Development, explained to Council that there were
four alternatives with respect deny thetheTrinity B peis Church
request for variance; varianc request,
specifically the improvements at issue were 1260 feet of an
estate type road section which was 24 feet of pavement width
and 5 inch depth of asphalt with no curb and gutter, associated approve all k drainage improvements and channel, public improvements;
is
which ciould mean not requiring any publ vision new variance
deny variance request and under a pro
procedure attach a provision that would not require any
rothose improvements ttat
improvements to the site otb*;r than
j would be along that portion if the property that was currenly
owned by the church; 4) ;eny the variance and attempt to get
the required improvements from the ellermoftinge property n
was suggested by Dick Kelsey at a previous Council Member Ayer asked the City Attorney to clarify option
three that why it was that once this had been platted the City
had no way to hold the developer of the remaining seven acres
responsible for that dev, elo or was its that State Land o 2 ning
statute, City ordinance
Regulation.
Debra Drayovitch, City Attorney, responded unless the remaining
tract was subdivided again there was no way to hold the
developer responsible unless the City used the new State
statute.
Ellison added that the development process stated that once
there were approved plats and replats on file, other than
submitting building plans for compliance with the fire code,
access, parking, etc., there was no further leverage within the
development process that the City could rely on. Once a plat
pesmito file, the developer n Building permits were not required in therETJ, building
Drayovitch stated that City building permits were not required
in the ETJ. The County subdivision regulations required a
legislature kind enfotrcement
oto ehave
ermit. basts. Thew State that
building permits in the ETJ.
Ellison reiterated the Planning and Zoning recommenc•.tion which
was denial based on criteria. Planning and Zoning did not
w orha
obect to an church deferring earthen n impline channel and did not rovements either through an object
bond.
Council Member Boyd asked if the City could assist the
improvements if the
purchaser without denying he City these
law seemeds unsuccessful or the seller ended up in judgment.
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City of Denton City Council Minutes
January 19, 1988
Page
Ellison stated that there was not any way the City could assist.
Council Member Gorton asked in option two, if the property
proposed for the variance did not abut the portion of Masch
Branch Road that was in our current CIP project. However, was
this property that abuts Masch Branch Road under consideration
in the City's next CIP project?
Ellison stated that the CEP project slated for Masch Branch
Road was for an additional southern link going towards the
Denton Airport and ultimately to connect with 135. That part of
Masch Branch Road north of 380 West had not been brought forth
as a potential Capital Improvement Project.
I + Council Member Hopkins asked what were the plans for Masch
Branch Road in the future,
t Ellison stated that it would be a major arterial ultimately.
However, in the proposed Capital Improvement for the southern
extension, the initial construction would be the first two
lanes of an ultimate four lane divided roadway.
Council Member Hopkins asked if the City was reserving that
right-of-way at this time from the church.
Ellison stated that as far as this piece of property was
concerned, it would be right-of-way dedicated that was
commensurate with the need being generated by the church.
Council Member Alexander asked Mr. Ellison to clarify the exact
arrangements that an escrow would involve. It ~+ould involve j
the city making an estimate of the actual cost of the t
construction of 1200 feet of roadway and the church would then
be required under that arrangement to put that amount of money
in escrow and leave it for that full ten year period. During k,
that period, would the church drag interest from that money?
V Ellison stated there would be interest,
Alexander askell if that money would go to the property owners.
Ellison stated that it would if it were not used.
E
Alexander asked if the money were eventually used and the
escrow amount plus all of the interest for that ten year period
would then be utilized in the construction of the new roadway.
But the ten year limit was a ten year definite limit and if the
road was not constructed in that ten year period, the escrow
money would go by default back to the property owner plus
interest.
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City of Denton city council minutes
January 19, 1988
E Page 8
1 Ellison stated that that was correct.
11 Council Member Alexander moved to dery the request for va iance
and required that the portion of the road affecting the fiv
the
t cons l ande thatlyan eea thenuchannel becconstructedy to adeal iwintescrow
I i drainage for the entire 12 acre: plat,
i McAdams seconded. On roil vote, McAdams "aye," Alexander
" Hopkins "nay," Gorton "aye," Ayer "aye," Boyd nay, an
"aye ,
Mayor Stephens "aye." Motion carried with a 5-2 vote.
q, The Council considered adoption of an ordinance
Avenueiin considerationnofathevdedication andpoconstruction eof ;
` Grace Avenue, as described herein: and declaring an effective
date. (4-67)
The following ordinance was considered:
NO. 88-011
AN ORDINANCE APPROVING THE ABANDONMENT AND VACATION OF
A PORTION OF GREGG AVENUE IN CONSIDERATION OF THE S
DEDICATION AND CONSTRUC- TION OF GRACE TEMPLE AVENUE,
AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. i
Denise Spivey, Urban Planner, explained that this ordinance
of Gregg Street which was located
ortion a
abandoned that portion
between Ponder and Fulton Street. The ordinance specified that
the that sreet
constructionmand acceptance oft anotherastreettto be constructed
by the church further north on their properb fore The th reeasPlaon Planning for
,
ng s this was based on original public hearings
and Zoning Commission and staff who felt there was a need for a
The
street in this particular area for east/west circulation,
original recommendation from the Planning and Zoning Commission
was to deny the abandonment. This denial was made prior to
negotiations with the church in which they agreed to provide
for that circulation route.
Mayor Stephens indicated that he had been in communication with
the staff at Grace Temple and the request was that Grace Avenue
be corrected to indicate Grace Temple Avenue as the name of the
net, street.
Hopkins moved adoption of the ordinance with the correction,
McAdams seconded.
City of Denton City Council Minutes
January 19, 1988
Page 9
On roll vote, McAdams "aye," Alexander "ayeHopkins "aye,"
i Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
5. Consent Agenda
McAdams motion, Boyd second to approve the Consent Agenda with
the exception of Item 5.8.2. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid 49808 - Police Sedans
2. Bid 09818 - Auger Drill Hole Digger {
i 3. Bid 49812 - Sherman/Windsor Traffic Signal
Conduit
4. P.O. 082547- M.W. Diesel Generator
B. Plats and Replats
1. Consider approval of preliminary and final
~ replats of Lots 130, 138, 140, 1480 150 and
158, Block 1, of the Cooper Landing
Addition, Section II.
Pulled for 2. Consider approval of preliminary and final
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Discussion plate of the Grace Temple Baptist Church ~
Addition, Lot 1, Blocks 1 and 2 (including
a' the replat of Lots 5 and 6 of the W. H.
Mounts Addition).
The Council considered item 5.8.2. from the Consent Agenda
I
Gorton motion, Hopkins seconded approval of item 5.8.2 with the a
correction of Grace Avenue to Grace Temple Avenue. Motion
carried unanimously.
6. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
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City of Denton City Council Minutes
January 19, 1988
Page 10
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The following ordinance was considered:
1
NO. 88-012
ACCEPTING COMPETITIVE BIDS AND AWARDING A
AN ORDINANCE
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
I Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and mayor Stephens "aye." {
Motion carried unanimously.
B. The Council considered adoption of an ordinance 1
` accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
N0. 88-013
AN ORDINANCF ACCEPTING COMPETITIVE BIDS AND PROVIDING
I, FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Boyd motion, McAdams seco
aaaye,"thHopkinsa"aye,"O Gorton
vote, McAdams "aye."
"ayeAyer "aye," Boyd "aye," and mayor Stephens "aye."
Motion carried unanimously.
C. The Council considered adoption of an odinance
:z providing for the expenditure of funds for emergency pr
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
The following ordinance was considered:
N0. 88-014
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE W EXEMPTING SUCH PURCHASES
REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING FORRAN
EFFECTIVE _!ATE.
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City of Denton city council minutes
January 19, 1988
Page 11
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McAdams motion, Boyd second to adopt the ordinance. On roll
vote, McAdams layer" Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens ''aye."
Motion carried unanimously.
D. The Council considered adoption of an ordinance
Christ utility
tract easement at McKinney located the Si and
abandoning
nging n Oaks vacating Church 1 of foot
Cardinal Streets, IE-6)
The following ordinance was considered:
NO. B8-015
i
AN ORDINANCE ABANDONING AND VACATING A CERTAIN UTILITY
EASEMENT AS DESCRIBED HEREIN; AND DECLARING AN
EFFECTIvr DATE.
Denise Spivey, Urban Planner., explained that this was a request
easement which was located on ~
1 for an abandonment of a utility
the property owned by the Singing Oaks Church of Christ. The
abandonment had been requested due to the fact that the church
was planning an addition on to their current building which
would extend over or on top of the existing utility easement.
the church foralone theachurch and
asement was Amnew erviceused plan hadserve
the church would be held responsible for the cost of changing
out that particular service.
j McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"ayeAyer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
E. The Council considered adoption of an ordinance
and service plan instituting annexation of approximately
51.3085 acres of land being part of the J. Clayton Survey,
x
Abstract No. 221; J. Lamar Survey, Abstract No. 7541 and M.
McBride Survey Abstract No. 804. (A-51)
The following ordinance was considered:
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City of Denton City Council minutes
January 19, 1988
Page 12
AT
ADJACEN'.'?ATJETHENCITYGOF A TRACT DENTON O TEXASD BEING GA OLLSTHAND
LOT, TRACT OR PARCEL OF LAND CONSISTING OF
I APPROXIMATELY 51,3085 ACRES OF LA14D LYING AND PSING
SITUATED !N THE COUNTY OF DENTONp STATE OF TEXAS AND
I BEING PAFT OF THE J. CLAYTON SURVEYo ABSTRACT NO, 221p
i J. LF.MAR SURVEYo ABSTRACT NO. 7541 AND M. MCBRIDE
j SURVEY, ABSTRACT NO. 804, DENTON COUNTY, TEXAS;
i CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
Cecile Carson, Urban Planner, reported that this was a
reduction in the annexation to the lake to a 100 foot strip as
was requested by voluntdry request of the property owners. It t
reduced the annexation to 51.308 acres, The final date for i
adoption was set for March 1, 19880 the last final date was
March 5, 1988.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "ayes" Alexander " " and " Mayor Hopkins Stephens" " Orton
"ayeAyer "aye, Boyd aye,
Motion carried unanimously.
F. Council considered adoption of an ordinance
repealing section 21-13 of Article I of Chapter 21 (Streets and
Sidewalks) of the Code of Ordinances of the City of Denton;
adding section 21-15 through 21-19 to Article I of Chapter 21
of the Code of Ordinances of the City of Denton] to provide for
building, house and apartment numbering; providing penalty clause; providing for a severability clause; and
providing for publication and an effective date. s
The following ordinance was considered:
N0. 88-016
c AN ORDINANCE REPEALING SECTION 21-13 OF ARTICLE I OF
CHAPTER 21 (STREETS AND SIDEWALKS) OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; ADDING SECTIONS
21-15 THROUGH 21-19 TO ARTICLE 1 OF CHAPTER 21 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TO PROVIDE
FOR BUILDING, HOUSE AND APARTMENT NUMBERING; PROVIDING
A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS1 PROVIDING FOR VPUBLICAT O ION ANDSANEEFFECTIVE DATE SE; AND
Rick Svehla, Deputy City Manager, reported that this ordinance
em10 inch
require would renumbering espond apartment to buildings
any ( kind oi f with
ergency
numbers allowing the City to r gency
problem in a faster manner.
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City of Denton City Council Minutes
January 19, 1988
Page 13
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McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carriel unanimously.
G. The Council considered adoption of an ordinance
approving an interlocal coop ration agreement between the City
r of Denton and Denton County for health services, and providing
for an effective date.
The following ordinance was considered:
i
No. 88-017
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION
AGREEMENT BETWEEN TH AND Y POF DENTON AND ROVIDING FOR AN DENTON COUNTY
FOR HEALTH SERVICES EFFECTIVE ;
i
DATE.
Paulette Owens-Holmes, Program Administrator, presented the
County Health Department agreement which was identical to the
previous year with one exception. The cost would be $79,474.00
which was a 191 increase over the previous year. The County ,
reported to the City that they were anticipating a 441 to 491 i
revenue shortfall so they passed on to participating cities a 'r
19% to 221 increase.
j Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mays. Stephens
"aye." Motion carried unanimously.
H. Council considered adoption of an ordinance
approving Amendment No. 1 to an agreement for design
engineering sources between the City of Denton and Black and
Veatch; and providing for an effective date. ,
The following ordinance was considered:
NO. 88-018
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
FOR DESIGN ENGINEERING SOURCES BETWEEN THE CITY OF
.r DENTON AND BLACK 6 VEATCHJ AND PROVIDING FOR AN
EFFECTIVE DATE.
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city of Denton city council Minutes
January 19, 1988
Page 14
Robert E. Nelson, Executive Director of Utilities, reported
that in July of 1984 the City of Denton entered into an
k engineering contra:' A th the firm of Black 6 Veatch to design
the hydroelectric project that was being designed and developed
for Lewisville Lake. Due to conditions beyond control, the
project was delayed for a number of months. At that time,
Black 6 Veatch agreed to continue with some of the preliminary
designs and additional studies working with the licensing,
They did so with a fee compensation of actual cost only with no s
multipliers at all with the contingency that if the project did II
I move forward the contract would be renewed and their
' multipliers would then be paid. Black & Veatch had asked for a
change order amounting to an increase in the design cost from
$241,000 to $279,830 and the construction services from a fee
of $100,000 to $113,220. Total compensation for this
a engineering agreement was $393,050.
McAdams motion, Alexander second to adopt the ordinance. On
1 roll vote, McAdams "aye," Alexander "aye," Hopkins "nay,"
i Gorton "aye," Ayer "aye," Boyd "aye," and Mayor St_phens
li "aye." Motion carried with a 6-1 vote.
7. Reso' itions
f
A. Council considered approval of a resolution
to formulate and provide
creating a Main Street Committee
recommendations to the City Council regarding the City's a
participation in the State Main Street Program and to make
recommendations with respect to the promotion of downtown
revitalizationf and declaring an effective date,
Thli following resolution was considered:
RESOLUTION NO. R88-004
j
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON y
CREATING A MAIN STREET COMMITTEE TO FORMULATE AND
PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING
THE CITY'S PARTICIPATION IN THE STATE MAIN STREET
PROGRAM AND TO MAKE RECOMMENDATIONS WITH RESPECT TO
THE PROMOTION OF DOWNTOWN REVITALIZATION] AND
DECLARING AN EFFECTIVE DATE.
Elizabeth Evans, Planning Administrator, explained that this
resolution would allow Council to appoint a Main Street
Committee which was one of the recommendations by the Main
Street ,,"tudy Task Force. The resolution allowed for only one
citizen at large to be appointed. The Council might desire to
increase that number. Staff was alsc requesting that Council
authorize the Mayor to write a letter to all of the agencies or
resolution directing them to
to listed
groups appoint t o at w member were
the Coin t e,
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3anuary 19, 1988
Page 15
Gorton motion, McAdams second to approve the resolution.
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Council Member Boyd asked on what basis these representative
groups were selected.
1 Council Member Gorton responded that many of the organizations
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listed were on the initial task force that dealt with the
preliminary funding of Main Street. Gorton indicated that the
{ task force also thought it would be prudent to add a member of
Denton County government because of the Court House sitting
where it did and their insight into the interaction therein
would add to the overall goals of the city. From a political
standpoint if lobbying were going to be done in Austin for
funding, Staff felt that another elected official on a
countywide basis would lend some credence to that committee's l
actions.
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Council Member Hopkins stated because of the importance to
Denton and in particular to those located downtown, she felt
the Council would want part and parcel from those who would
benefit the most from the Main Street program. To that end,
she felt that they should have more than one representative on
that committee.
Council Member Alexander stated his concern over the phrasing
of this resolution. In particular, designating the Axact
structure of that Committee so specifically. He thought it
might be more appropriate to approve the creation of such a
Committee with the general structure being outlined, but with k
broader discretion left to the Council. Alexander also
expressed concern about asking each of the groups involved to I
identify and in effect select their me.lber of that ecmmittee.
Alexander felt Council could asi. their advice, but Council
should make the choice in the final analysis for all the
membership. }
Mayor Stephens stated that both the Denton Development guide
committees used the approach of asking neighborhood groups or {
special groups to appoint their own people for this reason so
that they felt a little more ownership of the project.
Lloyd Harrell, City Manager, stated that the Committee felt it
I was important for the groups to be represented for two
reasons. One, that they had sat through the initial meetings
and had gained an understanding of Main Street, but also as
part of the funding recommendation of the City was a specific
recommendation that the various groups that were funded with
hotel/motel tax money look at next year's budget from the
hotel/motel tax money and allocate a portion of those funds
towards the Main Street project. That was why the
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City of Benton city council Minutes
January 15, 1988
I Page 16
their participation and
i Committee felt it was important to keep
their active involvement because there was an expectation that
at least some funding would be forthcoming from those groups
out of their adoptive budgets for next year.
Council Member Gorton moved, McAdams second to amend section
I one of the resolution and the amendment to be added at the very
end of the final sentence "and to add four members selected by
the City Council."
Council Member Alexander asked if the Council would like to
modify the resolution further by making it read two, three, or
four members of the Central Business District.
` Council Member McAdams stated that she would like the
additional members to be from the Central Business District.
Council
orrthreearathersthandonehin thatmcategory.better to
specify two
wanted to add eight
cAdams asked if they really
Council Member M
I ~ additional members to the Committee or did they really just
Central
want to make sure that some additional I
people were included on the Committee,Business
Council Member Hopkins stated that she did not feel they wanted
the Committee too large.
Gorton
second withdrew to the i amendment. Council Member
council member ;I
McAdams withdrew her se
I Council Member Gorton amended his original motion to read under E
section one "four members from the Central Business District".
Council Member Boyd second. "On Gorton ro l"avo,e,Ayer McAd"amsnayj""aye, Boyd
Alexander aye," Hopkins aye,
"aye," and Mayor Stephens "aye." Motion carried by 6-1 vote.
Council considered approval of a resolution
! B.
adopting the non-utility Capital Improvement Plant and
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declaring an effective date.
The following resolution was considered:
RESOLUTION N0. R88-00b
A RESOLUTION ADOPTING THE NON-UTILITY CAPITAL
IMPROVEMENT PLAN1 AND DECLARING AN EFFECTIVE DATE.
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I City of Denton City Council Minutes
January 19, 1988
Page 17
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David Ellis:,n, Acting Executive Director of Planning and
Community Development, reported that this was the current years
CIP plan. 1991-92 was the new year that was being added, The
previous four years were all being funded by the 1986 $21.7
million Capital Improvement Program. Staff was talking about a
$6,464,306 proposed Capital Improvement Plan for the year
1991-92. The Council did make one amendment in the Planning
and Zoning Commission's recommendation that was to replace a
proposed indoor/outdoor pool with a proposed extension of
lI Spencer Road as a four lane major arterial.
Council Member Ayer expressed concern over the more than three
quarter of a million dollars dedicated to airport improvements.
Continued concern that justification for an airport was that it
4 contribute to the economic development of the community. Ayer
stated that he had not been provided with any evidence that
convinced him that the Airport over the past twenty years had
contributed anything to the economic growth. ;
Alexander motion, Hopkins second to approve the resolution. On
roll vote, McAdams "aye," Alexander "ayeHopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
` "aye," Motion carried unanimously.
f C. The Council considered approval of a resolution
approving an agreement between the city of Denton, Texas and
the Mayhill-Cooper Creek Volunteer Fire Department, Inc. and
providing an effective date.
The following resolution was considered,
RESOLUTION NU. R88-006
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND MAYHILL-COOPER CREEK VOLUNTEER
FIRE DEPARTMENT, INC.; AND PROVIDING AN EFFECTIVE DATE,
John Cook, Fire Chief, reported that this was an automatic aid
agreement whereby Denton Fire Department entered into an
agreement with the Mayhill-Cooper Creek Volunteer Fire
Department which bordered basically on the area of the City
served by Stations 02 and 04. A larb,3 portion of the City i
limits co-mingled with Mayhill•Copper Creek territory in the
area of Station 02. The Agreement provided that the City would
assist in structure fires in close proximity to the City,
I.
Mayhill-Cooper Creek would in turn also provide the City with
assistance of major fires particularly in areas where the City
did not have enough water for their tanker trucks and also in
areas of large amounts of grassland where Mayhill-Cooper Creek
had specialized equipment the City currently did r t have.
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City of Denton Citl Council Minutes
January 19, 1988
Page 18
McAdams lotion, Alexander second to approve the resolution. On
"
roll vote, McAdams "ayeAlexander 'ray and M Hopkins
Stephens
"aye , Gorton "aye," Ayer "aye' Boyd "aye," Y
+gaye." Motion carried unanimously.
D. Council considered approval of a resolution
reaffirming the designation of hoodrow Lane, Audra, and
Nottingham streets as secondary major arterial streets and
declaring an effective date.
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The following resolution was considered:
RESOLUTION NO. R88-007
A RESOLUTION REAFFIRMING THE DESIGNATION OF WOODROW
LANE, AUDRA LANE, AND NOTTINGHAM STREET AS SECONDARY
MAJOR ARTERIAL STREETS; AND DECLARING AN EFFECTIVE
DATE. ;
Rick Svehla, Deputy City Manager, stated that this was part of
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the discussion held last Novembsr regarding the alignment of
Woodrow Lane. As indicated in both the 181 and 186 revised s been
shown Development
a secondary ry Aarterial. Becausenofaconcaernaover access
than aasfour lanegnmedin continuous divided
rather consensus
left exist'ng turn driveways,
facility.
Ayer motion, Hopkins second to approve the resolution, On roll
j vote, McAdam+ "a " Alexander "aye," Hopkins "aye," Gorton
ye
"aye," Ayer "aye,", Boyd "aye," and Mayor Stephens "aye." ;
Motion carried unanimously.
E. Council considered approval of a resolution
supporting the County of Denton's building and renovation
programs in the City of Denton.
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The following resolution; was considered:
RESOLUTION NO. R88-008
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A ION SUPPORTI THE OF 'S
BUILDINGLU AND RENOVATIONG PROGRAMS UNIN THE CITYON F
DENTON; AND PROVIDING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this resolutions
congratulated the County on its three building projects.
Council member had received a sugggestion that the City plant a
andE spirit
tree from the Cmbolizenursery the City hs tong atulati nseach
facilities to sy
of cooperation.
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January 19, 1988
Page 19
McAdams motion, Alexander second to approve the resolution. On
roll vote, McAdams "aye:,,: Alexander "aye," Hopkins "a e,"
Gorton "aye," Ayer "ayeBoyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
g, Miscellaneous matters from the city Manager.
j Lloyd Harrell, City Manager presented the following items: F
s A. The November budget report had been included on
the agenda. to help These tra k them better. would be included in future
agendas
11
B. The Land Use Planning Committee would be
reporting to the city Council an January Pl2nnin198Bnd at ningg
Commission at 9 a.m., Saturday,
service Center.
C. February 26 at date had been set
Martin Luthers King
tentative groundbreaking g ~
Recreation Center.
a 9. There was no Executive session held during the work
session.
i 10. New Business
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A. Council Member Boyd recommended a discussion be ~
held to add an additional employee holiday to the .,c::edule to
coincide with the national holiday in recognition of Martin
Luther King's birthday.
11. The Council convened into Executive Session to discuss
legal matters, real estate, personnel and board app,
No official action was taken.
With no further business, the meeting was adjourned.gg
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` RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
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f DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF PENTON CITY COUNCIL MINUTES
January 23, 1988
The City of Denton City Council and the Planning and Zoning
Commission convened into a joint work session in the Service
Center Training Room,
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City Council
I PRESENT: Mayor Stephens; Mayor Pro Tem McAdams; Council f
I j Members Alexander, Ayer, Royd, Gorton and Hopkins. f
ABSENT: None
Planning and Zoning Commission
PRESENT: Chairman Claiborne; Vice Chairman Brock;
Commissioners Cole, Glasscock and Kamman
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ABSENT: Commissioners Holt and Kiker E.
Land Use Planning Committee
PRESENT: Harry Down, Jim Englebrecht, Marian Hamilton,
Vicki Holt, Merlin Lee, Jim Riddlesperger, Beth
Schlegel, Taylor Stem, Olive Stephens, J.V.
Strange, and Mitchell Turner 3
1. The Council received a presentation of draft policies f
of the Denton Development Plan.
Various members of the Land Use Planning Committee presented an
updated version of the Denton Development Plan-Policies for
Growth. Major areas of discussion included development
policies, specific area policies and implementation policies
and guidelines.
A copy of the proposed plan was filed in the City Secretary's
office for public review. i
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i, The plan was discussed in length among the members present.
Consensus was to proceed as presented.
Boyd motion, Alexander second to adjourn. Motion carried
unanimously.
l With no further business, the meeting was adjourned at 12:35
i' plml
PAY
CITY OF DENTON, TEXAS
USNIFER WAtTVRSq CITY SECRETARY
CITY OF PENTON, TEXAS
2848C
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RESOLUTION IN APPRECIATION OF
"JACK W. CRAIG'
WHEREAS, Jack W. Craig is retiring after 10 years of
dedicated service to the City of Denton since his employment on
September 26, 1977; and
II WHEREAS, during his career with the City, Jack has
consistently maintained an attitude of cooperation with and
dedication to the stated goals oC the Equipment Services Division
of the City of Denton; and
WHEREAS, Jack W. Craig has exhibited outstanding expertise,
dedicating much time and effort in assisting with the work of the
Equipment Services Division and has shown great spirit in
encouraging community involvement in the best interests of the
citizens of Denton; and
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WHEREAS, Jack W. Craig has always served above and beyond the
mere efficient discharge of his duties and has responded to his J
{ duties in a loyal, trustworthy and extremely faithful manner, in
a spirit of cooperation with his fellow employees, and in the
best interests of the citizens of the communityr
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON:
That the sincere and warm appreciation of the City Council
be formally conveyed to Jack V. Craig in a permanent manner by
I spreading this Resolution upon the official minutes of the City
Council and forwarding to him a true copy hereof.
PASSED AND APPROVED this 16th day of February, 1988.
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RAY STEPHENS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH CITY ATTORNEY
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DATE: 02/16/88
I CITY COUNCIL REPORT FORMAT
TO. Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: PUBLIC HEARING AND ADOPTION OF AN ORDINANCE FOR SSTABLISHMBNT OF
PLANNED DEVELOPMENT ZONING ON 6.580 ACRES LOCATED AT THE NORTH BAST
I ; CORNER OF MINGO AND COOPER CREEK ROAD. (Z-1859}
j RECOMMgNDATIONs
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Planning and Zoning Commission reconrnende approval.
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The proposed planned development includes office, retail, and single
family attached land uses. The proposal violates the concentration
j policy of the Gu d with regard to non-residential land uses;
j however, the Commission felt the configuration of the property
warranted approval.
SACKGROUND:
The property was annexed in 1987.
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pROGRAM•4 DEPARTMENTS ORS F CTS
Property owners within 200 feet were notified.
~9C~1L IMPACR
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Little or no impact
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4Lloyd. submitt d: 3
Prepared by: rell y '
( ~ G 1 CA o8.ti~
Cecile Carson
Urban Planner
APP I, Wo n k b ne
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Executive Director for
Planning and Development
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PLANNING AND ZONINC, COMMISSIOI:
RECOMMENDATION TO ::ITY COUNCIL
To: Denton City Council
Case NO.: Z-1859 Meeting Date: February 16, 1988
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GENERAL INFORMATION
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Applicant: Burke Engineering
1 P.O. Box 606 t
Denton, Texas 76202
Status of Applicant; Engineer
I Requested Action: Establishment of planned development ttf
zoning and approval of a detailed
plan for office, retail and single
family attached.
Location and Size: 6.580 acres located at the northeast
corner of Mingo and Cooper Creek
Roads.
Surrounding Land Use
j and Zoning: North - Cooper Creek Baptist Church
Cemetery
South - PD-18, Light Industrial,
Safety Kleen, Green Giant r
East - Cooper Creek Baptist Church
West -Agricultural
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Denton Development Guide: Low intensity area
SPECIAL INFORMATION
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Transportation: Perimeter street paving is required
{ on Mingo Road. A right turn lane on
Mingo Road will be constructed at the
intersection of Mingo and North Cooper
Creek roads as part of the Planned
Development, Perimeter street will
be required on North Cooper Creek
Road and the road that abuts the
tract on the north.
Utilities: A proposed 12" water line along
Cooper Creek Road will service this
area as well as an 8" water line and
proposed 8" sanitarv sewer line.
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(Case Z-1859)
Page Two
SPECIAL 1NFORXA1ION (continued)
Drainage: A concrete channel will be required
along east property line, Drainage
goes under Mingo Road through a box
culvert that will need to be Y--~ j
redesigned when road is widened, !f
HISTORY
Annexation was completed by the City of Denton on October 20,
1987.
j ANALYST S
The property is In a low intensity area as proposed in the
Denton Development Plan. The proportionate share of intensity
for a 6.6 acre tract in a low intensity area is 495 intensity
trips per day and this proposal would generate 1,290 intensity
trips per day.
The proposal is adjacent to Green Giant and Safety Kleen and
approximately 1,400 feet north of a commercial tract at Mayhill
Road and U.S. Highway 380. Therefore, the 2,2 acres violates
E the concentration and separation policies for non-residential
land uses. However, the configuration of the property seems to
warrant consideration of this proposal, The office/retail tract
is bounded by a 70 foot TMPA electric easement, Mingo Road and
North Cooper Creek Road, The proposed land uses would also
i ' buffer the residential uses from the industrial uses.
The single-family attached area has been designed to act as a
community unit. A single road with a cul-de-sac would serve as .
the entrance to the project.
The proposal includes a 0.3 acre open space area between the
rr. single-family area and Cooper Creek Bapti't Church.
RECOMMENDATION
Planr:rip and Zoning Commission recommends approval, by a vote
of 6.0, with the following conditions:
1. A maximum 204 of the retail area may be utilized for
restaurants and/or clubs ;tth alcoholic beverage permits
based vn parkiri as provided on the detailed plan,
!I 2, Electric service shall be underground.
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(Case Z-1859)
Page Three
ALTERNATIVES
1. Approve petition
2. Approve petition with additional conditions
! 3. Deny petition
ATTACHMENTS
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1. Location Map
2. Detailed Plan
I 3. Development Standards
4. Memorandum to the Commission
I 5. Reply Form Totals
6. Mailing List
7. Minutes of Planning and Zoning Commission meeting of
November 18, 1987 and January 13, 1988.
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l~ - t - ° ; ^ DE IA11ED PLAN
' f_t `\1~ ' t'~iNGo INfiUSfRbI Tt~ct
01 3k A4 Y r ~ DfNTO•( 1t Kam'. I
i r .~5~~--`/ ~/`r,.r",.+.r' ' / jai L1ul, M•f'.¢'~f. 1f..~ti. 77.1!
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ea rJURKE ENGINEERING
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RAISED a PROPOSED WAREHOUSE
tLISTINa wAR[NOU4ADDITION ~a~r STORRCF,
w rANK ■ARM A' 4 R A SO Rlf
C.-- - [LISTING ^ ~ !1 r r .~/17G'll,[[
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0 I EXIST CANOPT LINE
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,n PROPOSED ADON. _ _ - - + f
n LOADING COCK ROOK /J D
' OVERHANG la
IS [L[V. I!1'~ % 40 ARC' r1
ISA.1 CONC. BACK DOWN
RAMP 4S'X4'
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ItIJTING _ h4 '101 9F
is, MIN- -Tif. k !
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~j PROPOSED
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`K4AIT P■VINO Inn n
VIS ISIIL y
D D X ADDITION SOUTH TRNR PARM ! a s
fe ~ PXISTlN'J ''1, r A N
1.1 ~ e. , PROPOSED a Ir
$13
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DOOR ~B )'L
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Revised 8 Oct 1987
DETAILED PLAN NOTES
Mingo Industrial Additfon
1. Intent of Owner - is to secure zoning for the land uses indicated and de-
velop consistent with this plan.
2. Development Guide - indicates this are.: to be adjacent to Low-Intensity.
Existing land uses adjacent to the site are listed in Note 11.
3. Areas - General Retail & Office 2.2 acres
Attached Single-Family 4.4
Total a 6.6 acres
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` 4. Land Uses - with the proposed zoning include a 2.2 ac. GR/O block contain-
ing a building with 9,800 sq.ft, of GR and 17,400 sq.ft. of Office. Pro-
posed parking includes 49 for GR (200 sq.ft./space) and 61 for Office
1 (285 sq.ft./apace). Total of 110 parking spaces. There are also 30 resi-
dential lots for attached single-family dwellings, each with at least two 1
off-street parking spaces.
4 5. Traffic and Transportation - A single 30' wide driveway is proposed to
serve the GR/O block, and a single residential public street with 50' r-o-w
is proposed for the single-family. The estimd:,A trip generation is about
2.2x450 - 990 trips/day at the GR/O block and 10x30 - 4_ 'J trips/day at the
single-family, resulting in a total of 1,290 trips/day.
6, Buildings -
G%neral Retail & Office: Maximum overall lot coverage will not exceed 33%,
;wilding height will not exceed one story; minimum setback to be 35' from
N. Cooper Creek Rd., 25' from Mingo r-o-v and 5' from TMPA eaeement
Attacl.,~d Single-Family: Maximum building height to be two stories; building
setbacks to be 25' at fronts, 25' at street side on corner lots, and 20'
building separations (minimum). Common walls will be on lot lines, and
each dwelling will be located on a platted lot facing a dedicated publ'.o
street. Architectural design has not been finalized, but some or all
structures may have an enclosed garage at the ground floor, Minimum
first floor building area to be 800 sq.ft.
1 7. Residential Subdivision - will have an overall density of 6.8 units/acre.
Residential lot widths range from 24' to 48', lengths range from 85' to
140' and areas range from 2,160 sq.ft. to 4,400 sq.ft.
8. Trees - 3" or larger are shown on the plan. The Owner recognizes the value
of existing trees provide to the development and will attempt to save all
that do not interfere with new streets, utilities or buildings.
continued -
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Mingo Industrial Detailed Plan Notes, page 2 -
g, Open Space - Lot 6, Block B will be reserved as common area for the 30
attached residential dwellings. The open space with trees and grass
within Lot 6 is about 0.3 acres.
10. Screening - is proposed as a continuous 6' min. height cedar or pine wood
fence with 4" or 6" wide slats. The screening fence will be along the
southwest side of the PA easement at the entire boundary between GR/O
at Mingo Rd.
SF
the
and SF, and along
11. Off-site Information - This property is outside the Denton City Limits, and
adjacent land to the east, north and west is not zoned. Adjacent land uses
` are: Methodist Church to the west, cemetery to the north, Baptist Church to
distribution
Giant
the east, I se to Safety the southwest t within south an (PD-18) and Green
zoned Commercial.
warehou
k
12. Utilities - Existing utilities include electrical distribution and sanitary
collection
at North Cooper sewer 13. Development Schedule - at present appears to be:
Detailed Plan & Preliminary Plat approval by Dec. 1987
construction plan Final Plat &
Construction completion on all 6P6r acres for Nov. 61989 acres by Sept. 1988 ,
14. Sign - a single 7' wide by 5' high sign is proposed at the location shown
north and sowith a uth sides. course around the
on. the lsion the constructed
base and with sign faces
15. City of Denton elevation datum is used for the topographic information.
16, No major changes in site topography are anticipated in conjunction with
site development.
17. This site is above all 100-yr. flood plains designated on current FHBM
maps.
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18. There are no existing structures.
atsystemn i l will be designed to City of Denton specifications at
19. The idrainaRe
time of
20. A property owners' association will be created for the 4.4 acres of SF, and
each property owner will be a member. i.:; purpose of the property owners'
association will be to provide for maintenance of tAeathree common parking
lots and the landscaping within Lots 9 & 19, o
All property outside the public street r-o-w will be held by private owner-
ship and subject to private maintenance.
21. Final Plat processing will include a determination of the current ownership
and use rights to the 'unnamed' road, and will require dedication of perm-
anent public street right-of-way and/or utility easements.
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I ciry of DENTON DENTON, rff"s 7#201
MEMUAAhDUM
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Date: January 7, 1988
To, Planning and Zoning Commission
R
From: Cecile Carson, Urban Planner
Subject: Z-1659
On November 180 1987, the Planning and Zoning Commission tabled l
i a request for the creation of a planned development district on 1
6.58 acres located at the northeast corner of Mingo and Cooper Creek
roads. The Commission requested additional information concerning
Safety Kleen Corporation whicn had expressed opposition to the }
zoning request,
Staff contacted Scott E. Fore, 4ice-President of Safety Kleen
Corporation and requested information concerning the location of
the facility near (1) a residence, (2) a neighborhood, (3) a com-
mercial/retail establishment, (4) a restaurant, and/or (5) other
uses. Mr. Fore sent a letter stating that the city should use the
Texas Industrial Waste Rules for a land treatment facility which
require residences to be 1,000 feet from a proposed facility. How- s!
ever, as Mr. Fore states, no federal regulations exist on distance
from a facility such as Safety Kleen Corporation and a residence or
neighborhood, A copy of the letter is attached.
)
.
While Mr. Fore's comments are appreciated and valuable, staff
wonders how applicable they are to the site in question. He do
concur that a plant operating 24 hours does not provide the best
neighbor for a residential subdivision; however, %e feel that this s
site, which is separated by Mingo Road, the I f, P Railroad, and a o
setback, would not be affected as negatively as an adjacent or o
abutting site to the facility,
Mark Elliot, in the Environmental Research Section at the North
Central Texas Council of Governments, aavised staff that while
it may be logical for Safety Kleei, Corporation to suggest the
1,000 foot setback, he feels that the safety question is not a
factor, Mr. Elliot stated that Safety hleen Corporation is prob-
ably more concerned about nuisance calls,
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Memorandum
z 2-1859
Page Z
The Denton office of Safety kleen Corporation provided me with the
location of their facilities in the L.S. According to Safety Kleen
Corporation, other recycling plants are located in Cnicago, Illinois;
Elgin, Illinois; Hebron, Uhio; Lexington, South Carolina; Reedley,
California, and Clayton, New Jersey.
I contacted Jerry Dearing, Planning Department of Elgin, Illinois,
who stated the city requires a IOU foot setback from a residential
district and an industrial use like Safety kleen Corporation, and
when possible screening is required. Mr. Dearing stated that the
EPA had issued citations for a spill on the Safety Kleen Corporation
site in Elgin, Illinois that may have impacted the ground water, he
also stated that the Corporation uses two to three acres of a 70 acre
site and had requested zoning for expansions which had not been con-
strucked and that the recent requests were or had been extensively
reviewed by EPA. Mr. Dearing stated that the facility is located in
an industrial area, but scattered residences exist in the area.
In 1985, the facility located outside the boundaries of the Village
of Hebron, Ohio burned. The residents in the area were evacuated as
a precaution. The EPA makes inspections of the site. The plant was
operational again within six months. According to the Union Township
Clerk, Patricia Sheely, recent zoning requests by the Corporation t
have been denied because detailed information has not been submitted
for review. She stated that the facility is located in an industrial
park, and it is near some residences. Kenneth briffin, Zoning Admin-
istrator for the Union township, advised staff that the zoning ordi-
nance does contain provisions for separation of an industrial park
from a residence, he stated that there are residences across the `
highway about a quarter of a mile, 13Uo feet or less,
industrial park.
i
After review of the materials provides and discussion with the
individuals indicated in this memorandum, staff concludes that the
land uses in the planned development as submitted are acceptable
uses for this site. The residential site is 48U feet from the ware-
house and over bUU feet from the tank farm, the office site is ZUU
feet from the tank farm. Staff still recommends approval with the
conditions as outlined in the staff report.
If you have any questions, I will be glad to address them.
eci a arson
ab
Attachment
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1859
IN FAVOR IN IPPOSITION UNDECIDED
None Received N. to Received
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~ 22 Cco ~e~ Crec k 12~I
h~y1 7x 7& 20 2
t? 2~ Cooper- CYeek-
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January 13, lvbb
Page 2
RLBUIIAL: Mr, Kollar stated that Urace Avenue goes through
closer to Flow hospital and was designed with this in mind.
Jack Jenkins, representative of the board of Realtors,
stated that he felt the abandonment of Gregg Street is
necessary for the safety of the children in the day care
center.
Chair declared the public hearing closed.
s
LECISIUN: Mr. Claiborne stated that the Lity Council has
woreeG with the church on this site. he said that the
abandonment of Gregg Street creates extra turning on the
part of trot tic but the abandonment is not an issue at the
platting stage. he said tnot the replat meets requirements
and movea to recommend approval of the preliminary and
final plats of the Urace Temple baptist Church Addition,
Lot 1, Blocks 1 and 2 (lncludirg the replat of lots 5 and
6 of the N. h. Mounts Addition).
Seconded by Mr. l,amman.
Ms. kiker asked if there would be problems in the future
with the lot depth of Lot 1, Block 1. Mr. Claiborne
stated that some of the older lots ii. Denton do not meet
lot width or lot depth. he asked staff it this was the
case in this situation.
Ms. Spivey stated that the toning ordinance does permit
approval by the Commission provided that the overall
minimum lot area is met.
vote was called and motion unanimously carried kb-u).
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B. PRELIMINARY AND FINAL RLPLATS OF LUIS I1A 138 l4A III,
11W and 15b, B LOL , U 'n L W R A A D U,
Two notices were mailed to property owners in the preceding
plat; no reply forms were received in favor or opposition.
One courtesy notice was mailed to property owner within ZUU
feet of the replot.
S1'AtF REYURT: Ms, Spivey stated that this U.$10 acre
tract is located at the northeast corner of klndsor Drive
and Cedar Mill Street. ]he property is toned PD-11 and
residential development is anticipated. The purpose of
the replat is to remove lot lines to make two large lots.
The Development Review Committee recommends approval of
the preliminary ■nd final replats.
PEII71UNLR: Brian Burke, burke bngineering, stated that
e7lihe public improvements have been done.
1;4 FAYUk: None present.
OPPUSLD: None present.
Chair declared the public hearing closed.
DLCISIUN: Mr. Glasscock moved to reLommend approval of
t e preliminary and final replete of Lots 13A, 150, 14A,
14B, 1SA and 1~B, block 1 of Cooper Landing, Section 11,
Seconded by Ms. Cole ana motion unanimously carried
ill. CUNSlURATIUNS
A, Z-1bSy, Petition of Burke Engineering requesting approval
of a plrnned development district and if detailed plan.
the property is lecateo at the northeast corner of Mingo
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January 13, 19b8
Page 3
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and Cooper Creek roads and is described as a 6.560 acre
tract In the Korrea4 Forest Survey, Abstract 417, if the
detailed plan is approved, the following land uses will be
permitted:
1.t acres of General Retail and UEEtee
with 9,buu square feet - ueneral Retail
and 17,400 square feet • Utfice
4.4 acres of Attached Single family
with o.b units per acre.
Mr. Kamman made a motion to remove 2-1659 Erom the table.
Seconded by Ms. Cole and motion unanimously carried (6.01.
i SlAff REPORT: Ms. Carson stated that Scutt Fore, vice-
res ent o Safety Kleen Corporation was contacted and
f` hr. fore sent a letter stating that the city should use
the Texas Industrial waste kules for a land treatment ta-
4 cility which require residences to be 1,uu0 feet from a
proposed facility. She said that he also stated that no
state or federal regulations exist on distance from a fa-
cility such as Safety kleen Corporation and a residence or
neighborhood. She added that hark Elliott, in the Environ•
mental Research Section at the North Central lexas Council
of Governments, stated that he feels that the safety ques*
tion is not a factor but probably the company was more con,
cerned about nuisance calls. She added staff had contacted
other cities with Safety Kleen plants, and staff is satis-
fied that this proposal was acceptable Eor this site. She
said that even if the proposal should compiy with the 1,000
foot regulation, a majority of the development could re'
main. She said that staff recommends approval with
conditions.
Ms. kiker asked about the possibility of moving the
development back to comfly with l,UUU feet. Ms. Carson 1
stated that staff does not feel the l,uuu foot should be
used and it has not been discussed with Brian Burke, the
engineer.
PElIlIONEx: Brian Burke, Burke thgineering, stated that
e e t comfortable with the elevstion of the property and
distance from Safety Kleen Corporation and does not feel
this area is hazardous. he added that this is a reason-
able plan for this site. He said that he believed this
area to be less noisy than living on hickory street be-
cause of the housing being built on a cul-de•soc.
Dennis Glenn, operations manager for Safety 11-in, stated
that the Denton site is a very important plant geographi-
cally and that there wll1 be a need in the future for ex-
pansion. he said tnat he feels the expansion in the futurs
will be hindered by residences in this area.
Randy Mar;er, long range planner and member of the Cooper
Creek Baptist Church, stated that this development would
help the church have a better availability for utilities.
DECISION: Mr. Claiborne stated that based on this land
use i l he did not see anything wrong with the land
use proposa
n this area and moved to rt:oomend approval of 2.1659.
Seconded by Mr. holt.
hs. Kiker asked about why there was not a con ition about
screening. hr. Claiborne stated that the screening was on
the site plan.
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January L3, lVbb
Page 4
Mr. halt stated that any screening in this area should be
provided by the Safety kleen Corporation %nd felt there
shoulJ be no conditions imposed on this proposal and that
the developer should have the flexibility to screen or not
to screen the lice. he amended the motion to delete the
screening along the east and southeast boundary of the
single family section.
Seconded by Mr. Glasscock, vote was called on the amend-
went and motion unanimously carried l6-u).
Vote was called on original motion with amendment and f
motion unanimously carried (6.0). 1
j B. NRELIM NARY FLAT Of Thk 24114GO INDUSTRIAL TRACT ADUIILUN.
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Mr. lcamnan made a motion to remove the preliminary plat of 1
the hingo Industrial Tract Addition from the table.
Seconded by Ms. Cole and motion unanimously carried (6-0). #
STAff REPORT: Ms. Spivey stated this 0.5 acre tract is i
oute at the northeast cornet of Mingo and Cooper Creek {
roads. The property was recently annexed Into the City !1
with a temporary agricultural (A) zoning classification;
however, a request for planned development zoning is pend-
ing on the site. She added that the Development Review
Committee recommends approval of the preliminary plat.
PET111ONER: Brian 9urke, Burke Engineering, stated that
fie vas available to answer questions.
DECISION: Ms. Cole moved to recommend approval of the
pre` :3a3nary plat of the hingo Industrial Tract Addition.
Seconded by hs. Aiker and notion unanimously carried (0-G).
C. PRIU M NARY AND FINAL NLATS Of ThE LUGINBYLE AbLIT1014,
Lots 1-4, Block 1.
STAFF RENUkl: Ms. Spivey stated this 25.7b2 acre tract is
locate on the north side of Luginbyle Road approximately
one mile east of fM 24SU. The property is located in the
M. She said that the Development Review Committee
recommends approval of the preliminary and final plats.
PETITIONLR: Brian burke, burke Engineering, stated that
he was available for questions.
DECISION: Mr. Holt coved to approve the preliminary and
Ma pTat& of the Luginbyle Addition, Lots 1.4, Block 1.
Seconded by Mr. Glasscock and motion -lnanimously carried
U. E-6. Request for abandonment of a to foot utility ease-
e nt located on the Singing Oaks Church of Christ tract at
Mckfuney and Cardinal streets.
STAff REPORT: hi. Spivey stated that this easement was
~r use3 only `1o provide service to the church, As part of
the expansion of the church, the church wishes to build
across the easement. The easement is no long^r in use and
a new service plan has been designed. She added that the
Development Review Committee recommend, approval.
DECISION: hr, halt moved tc recoame,id approval of E•0.
Secandea by hr. Claiborne and matron carried unanimously
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November 18, 1987
Page 2
Ill. PUBLIC HEARINGS
Chairman bill Claiborne arrived at the meeting and took the chair.
A. 1.1859. Petition of Burke Engineering requesting approval
of a -planned development district and a detailed plan.
The property is located at the northeast corner of Mingo
and Cooper Creek roads and is described as a 6.SBU acre
tract in the Morreau forest Survey, Abstract 417. If the `
detailed plan is approved, the following land uses will be r
permitted: C
2.2 acres of General Retail and Office k
with 9,8U0 square feet - General Retail 1
and 17,4uU square feet - Office
4.4 acres of Attached Single Family
with 6.b units per acre.
Iwo notices were mailed to property owners within 200
feet; no reply forms were received in favor, one reply
form was received in opposition, one reply form was
received undecided.
STAFF REPORT: Ms. Carson stated that the property is in e
aw ntens ty area as proposed in the Denton Development
r Plan. The pr0port IMite share of intensity for a 6.6 acre
tract in a iLow intensity area is 495 intensity trips per
day and this proposal would generate I,2>J lntensity trips
per day, the proposal is adjacent to Green Giant and Safe-
ty Kleen and approximately 1,4UU feet north of a commercial
tract at Mayhill Road and U.S. Highway 580, llerefore, the
2.2 acres violates the concentration and separation poli-
ties for non-residential land uses. However, the config-
uration of the property seems to aerrent consideration of
this proposal. The office/retail tract is bounded by a
7u' TMPA electric easement, Mingo Road and North Cooper
Creek Road. The proposed land ases would also buffer the
' residential uses from the industrial uses. The single-
family attached area has been designed to act as a com-
munity unit. A single road with a cul-ae-sac would serve
as the entrance to the project. the proposal includes a
U.3 acre open space area between the single- family area
and Cooper Creek Baptist Church. She added that a letter
was received from Safety Kleen that voiced concerns over
residential being to close proximity to their plant.
PkTI1IUNER: Brian Burke, Burke Engineering, stated that
t ey ave worked on a proposal for a number of months. he
said that they felt the 2.2 acres was inappropriate for
residential because of the railroad, Ningo Road and light
industrial uses. He said that they found general retail
and office desirable from a market standpoint, he said
that the 1U' TMPA easement is a buffer between the GR and
U uses and residential, he said that it is in violation
of the concentration and separation policies but given the
current information they felt this is a good plan for the
site,
Mr. Holt asked if he had read the letter from Safety kleen.
Mr. Burke said no but they had a concern from the .isual
standpoint of their property viewing the Safety Kleen
Plant.
Ms. Brock asked about Lot 6, Block B. Mr. Burke stated
that this contained the common ingress and egress, parking
lot and open space for the project. Ms. Brock asked if
the residential area would Be townhomes. Mr. Burke said
that he was not sure o.' the definition for townhomes but
the intent is to have the lots separately platted so that
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November 18, 1W
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the entire let could be deeded. Ms. Brock asked if the
intrance to the retailloffice area would be 21 feet or Su
feet wide. Mr. Burke said 29 feet.
lh FAVOR: None present.
OPPOSED: Dennis Glenn, operations manager for Safety
Kleen, stated that they are a chemical recycling plant
and although they do meet the state and fedaral regula-
tions there is a concern for housing in the immediate
area. He said that there could be significant danger
and this should be considered when housing would be I
within luu yards.
Mr. Holt asked about his proposal For the property.
Mr. Glenn stated that the retail is fine. He said that
they are a safety conscious company who would not move
this close to housing. he said that they are in opera-
tion 20 hours a day. He said that he felt there would
be significant problems with complaints in regards to the
lights and noise.
Ms. Brock asked how long the company has been in operation.
Mr. Glenn said since 1`+75. He said that Green Giant is in
this area. me said that this area is mainly industrial
and residential would not be beneficial in this area.
RECOMf1ENDATIUN: hs. Carson stated that staff was unaware
o any comments by the Safety Klaen Corporation in regards
to residential uses until today. She said that the Milo
area is a low Intensity area and these areas encourage res-
idential uses. She said that according to the Developaent
Guide there would be residential use, between Mingo Road
and Loop 288. She said that residential is encouraged in
this area and to the north are residences plus Cooper
Creek Baptist Cnurch is in this area. chile the proposal
violates the non-residential separation and coft.entration
policies, the proposal warrants consideration by the Com-
mission. Staff recommends approval of Z-1859 with the
following conditions:
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1. A maximum 201 of the retail area may be utilized for
restaurants and/or clubs with alcoholic beverage per- ?
mats based on parking as provided on the detailed plan.
t. Electric service shall be underground.
Ms. Carson stated that the Coumission may wish to add a
condition that a screening device be erected between the
proposal and toe Jones property.
Mr. Kamman arrived at the meeting.
Ms. Brock asked about the upkeep of the common areas.
Ms. Carson stated that the City of Denton could review
the homeowners association documents but once emoted this
association is no longer controlled by the City of Denton.
Mr. Claiborne asked if any development could occur under
the TMPA lines. Ms. Carson stated that no structures
could be erected but a parking lot or access could be
built.
Mr. Ellison asked about Safety-Kleen Corporation's concern
of residential uses in this area. Mr. Glenn stated that
they were not concerned with any other property for resi-
dential uses but this one. he said that they felt they
had a responsibility to the city to let them know what
they do and leave the decision up to the city. He sold
that they are a hazardous waste process facility and they
wanted to make the city aware of this facility. He sill
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Aovember le, 1907
Page 4
that they have a clean safety record but he would not want
to Iive about 100 yards from this plant. he added that if
the city wanted the requirecents of the company they could
talk to the company's legal council.
REBUTTAL: Mr. Burke stated a lot of these concerns were
'ken Tto consideration when working on the proposal. he
ta
said that this is a good plan and he would have to defend
to the
it, elsaid that een property these and the concerns remedy should to them limited lies on
Safecy K
Safety-Kleen's property.
Chair declared the public hearing closed.
ULC1S10N! Mr. 'Isiborne sated that Safety Lleen has a
VKTd paint in regards to residential development in this
immediate area. He said that he would propose that this
whole acreage be an office and retail complex and elimt-
hate all the residential.
Mr. hole stated that this letter has created ■ problem
because the property owner oust inform the buyer abait the
problems. 1
Mr. hllison stated that he felt the situation needed to be
P investigated.
Mr. Holt moved to table Z-10S9 until more information was
obtained. Seconded by Mr. Glasscock and motion unanimously
carried (7-U).
B. 1.1071. Petition of the City of Denton requesting single
T o Y with 16,002SSOYaracres e foot minimum lots ofSEllPaszoning
w on approximately
Drive at its intersection with Porrestridge Drive. The
property is shown lh' the Gibson Abstract 4wB.
If the zoning is approved property
for any use permitted in the single family (Sf-16)
district.
Four notices were galled to property owners within 200
feet; nne reply form was received in favor; no reply forms
were received in opposition.
STAFF REPORT AND PET1110NERi Ms. Carson stated that in
t e tY en on toned the property in question
for SF-16 land use and approved a plat for Forrestridge
Addition, e ll[, identified the
I n
theai of f the prop• rY and
city ty limits. khan this information was brought to the
attention Development The Department,
Council the
scheduled to take final action on the annexation in January
of 1900. Zoning must follow annexation; therefore this
request is being submitted for recommendation. Ibis prop-
erty is located in a low intensity area. The property does
not use more than its proportionate share of intensity,
the proposed single family housing on lb,uuo square foot
lots is compatible With the single family (SF-1E) zoning
and land use north of this site. this zoning would Vt. an
extension of Forrestridge Addition.
IS FAVOR: None present.
OpPOSID: None present.
REBUTTAL: None offered.
RLCOMMENDATIUN: Ms. Carson stated that staff recommends
approval of 1,1072.
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u L 1111111 11111111111
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2219L
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF D£NTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND LAND CORNERSAIDOMAPTHEAPPLIES
INTERSECTIO SAOF£M NGO ROAD OAND CATECOOPERD
I5 MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE
IN
IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI-
CATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING A APPROVAL ON A
DETAILED PLAN FOR SAID DISTRICT; PROVIDING FOR MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEFEOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I. That the zoning classification and use designation
of ffie Ti•5 acres of real property described in Exhibit "A",
attached hereto and incorporated herein by reference, is hereby
changed from Agricultural "A" District Classification and Use
the p comprehensive et zoning Classification
designation
designation Planned under Development
ordinance and Us of
the City of Denton, Texas.
SECTION II. That there is approved for the district hereby
esta e e -Me "Detailed Plan for Mingo Industrial Tract
labeled as Exhibit "B", attached hereto and incorporated by
reference; so that hereafter the district shall be used and
developed in accordance with the Detailed Plan herein approved
subject to the additional following conditions:
(1) A maximum of twenty (20x) percent of the 9,800
square feet designated for general retail use may
be utilized for restaurants and clubs serving
alcoholic bev asgshown on on the planer of
parking spaces
(2) Electric distribution lines shall be underground.
5ECTION III. The Zoning Map of the City of Denton, Texas,
adopts t e t day of January, 1969, as an Appendix to the Code
of Ordinancea of the City offy Denton, Texas under Ordinance No.
Dietcict Classification handbUsea subject tto sthe above conditions
and specifications.
SECTION IV. That the City Council of the City of Denton,
welfare
prehensiveeplani or the purpose of epris ir, omotingctheageneral with
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of the City of Denton, Texas, and with reasonable consideration,
among other things for the character of the district. and for its
peculiar suitability for particular uses, and with a view to
conserving the value of the I` buildings, Protect
in
hu m
a., lives
and encouraging the most appropriate uses of land for the maximum
benefit to the City of Denton, Texas, and its citizens.
! SECTION V. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
I requirements thereof, or of a permit or certificate issued there-
I under, shall be guilty of a misdeueanor punishable by a fine not
j exceeding Two Thousand Dollars ($2,000.00), Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this ordi-
nance is committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above.
SECTION VI, That this ordinance shall become effective
fourteen aya from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
.
PASSED AND APPROVED this the day of 1988,
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ATTEST:
JENNIFER ' TER , RE
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY.,
Q • Vy1
k-1859/PAGE 2
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COLEMAN & ASSOC. SURVEYING
17 S. LOCUST, SUITE 106 • P.O. BOX 686 DENTON, TEXAS 76202-0686 1817 565-821f
EXHIBIT "A"
FIELD NOTES to all that certain tract of land situated in the Block A of
the Morreau Forest Survey Abstract Number 417 Denton County, Texas and be-
ing a part of thi called 10 acre tract described in the Deed from Ray
McDonough et ux to D, 0. Jones et ux recorded in Volume 483 Page 256 of the -
Deed Records of Denton County, Texas, as recognized and occupied on the.
ground; the subject tract being more particularly described as followsr
BEGINNING for the Southwest Corner of the tract being described herein at
the intersection of the East line of Cooper Creek Road with the North line
of }lingo Road and being in the South line of the said Jones Tract North Ga
Degrees East about 34 feet from the Southwest Corner thereof in the West
boundary line of the said M. Forest Surveys
THENCE North with the East line of Cooper Creek Road a distance of 641.7 i
feet, more or leas, to an angle poil.t at a bend in the road;
THENCE North 49 Degrees 23 Minutes East continuing with the East line of
Cooper Creek Road a distance of 76.4 feet,more or less, to an angle point;
THENCE North 89 Degrees 30 Minutes East with the South line of Cooper Creek
Road a distance of 490.1 feet, more or leas,to its intersection with the
West line of the tract described in the Deed from D. 0, Jones at ux to Ccop,~r
Creek Baptist Church recorded in Volume 483 Page 254 of the said Deed Re-
cords;
T1iENCE South 02 Degrees 25, Minutes East with the West line of the Church
Tract a distance of 240.7 feat, more or less, to the Souttwest Corner thereof
in the North line of the tract described in the Deed from D. 0. Jones at ux
to Joy Swanson recorded in Volume 563 Page 565 of rh, said Lred Records;
THENCE South 73 Degrees 57 Minutes West with the North line of the Swanson
Tract qt distance of 160.1 feet, more or less, to the Northwest Corner thereof;
THENCE South 02 Degrees 35 Minutes East with the West line of,the Swanson
Tract a distance of 244,0 feet, more or less, to the Southwest Corner thereof
in the North line of Mingo Roadj
THENCE South 68 Degrees 04 Minutes West with the Nvrtb line of Mingo Road
a distance of 447.8 feet, more or less, to the PUCE OF BEGINNING and en-
closing 6.6 acres of land more or less.
ti;ese Field Notes were prepared from record information only.
William M; Coleman R,P.S. No. 4001' . Date
WM. M. COLEMAN
4001 4..
..'re SO
2-1839
i`
Don Curtis Mingo Industrial 3ract
EXHIBIT "All (CON'D)
Field Notes to all that certain tract of land situated in the Block A of the
Morreau Forrest Survey Abstract Number 417, Denton County, Texas and being a
` part of the called 10 acre tract described in the Deed from Ray McDonough et
ux to D.O. Jones at ux recorded in Volume 483, Page 256 of the Deed Records
of Denton County, Texas, as recognized and occupied on the ground; the subject
tract being more particularly described as follows:
COMMENCING at the intersection of the East line of Cooper Creek Road with the
North line of Mingo Road and being in the South line of the said Jones Tract
North 68 Degrees East about 34 feet from the Southwest Corner thereof in the
1 West boundary line of the lied M. Forrest Survey;
THENCE North with the East line of Cooper Creek Road a distance of 561.7 feet
more or less, to the POINT OF BEGINNING: '
THENCE North with the East line of Cooper Creek Road a distance of 80 feat to
an angle point at a bend in the road=
THENCE North 49 Degrees 23 Minutes East continuing with the East line of Cooper
Creek Road a distance of 76.4 feet, more or less, to an angle point;
THENCE North 89 M grees 30 Minutes East with the South line of Cooper Creek
Road's distance of 490.1 feet, more or less, to its intersection with the
West line of the tract described in the Deed from D.O. Jones et ux to
Cooper Creek Baptist Church recorded in Volume 483, Page 254 of the said Deed
Records;
j THENCE South 02 Degrees 25 Minutes East with the West line of the Church Tract
a distance of 240.7 feet, more or less, to the Southwest corner thereof in the
North line of the tract described in the deed from D.O. Jones et ux to Joy
Swenson recorded in Volume 563, Page 565 of the said Deeed Records;
THENCE South 73 Degrees 57 Minutes West with the North line of the:Swanson
Tract a distance of 160.1 feet, more or less, to the Northwest corner thereof:
THENCE South 02 Degrees 35 Minutes East with the West line of the,8sansoa tract
a distance of 244.0 feet, more or leas, to the Southwest corner thereof in the
North line of mingo Road;
THENCE South 68 Degrees 04 Minutes West with the North line of Mingo Road a
distance of 82.0 feet, more or less,
THENCE North 38 Degrees 35 Minutes 40 Seconds West s distance of 543.91 feet,
to the POINT OF BEGINNING and enclosing 4.4 acres of land more or less.
Z-1859
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j Don Curtis Mingu Industrial Tract -
commercial Section
1 EXBIBIT "All (COWT)
FIELD NOTES to all that certain tract of land situated in the Block A of
the 'i+,rreau rrorrest Survey, Abstract Number 417, Denton County, Texas and
being a part of the called 10 acre tract described in the Deed from Ray Mc-
Conough et ux to D.O. Jones et ux, recor ed in Volume 483, ?age 2~S, of the
Deed Records of Denton County, Texas, as recognized and occupied on the grol,rri;
the subject tract being more particularly described as follow-,:
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BEG I': 1'4 for tine Sout:':est corner of tie tract described er t
terr.,tion of Che East line o! Cooper Creek Road with the North 1 ,e v1
in .
l nter ;toad and being in the South line of the said Jones Tract tiorth 68 Dv-
Mingo East about 34 feet from he Southwest corner thereof in the West bou%J-1 %
line of the said Morreau Forrest Survey;
THENCE North with the East line of Cooper Creek Road a distance of 561.7 feet
more or less, to a point for corner;
THENCE South 38 Degrees 35 Minutes 40 Seconds East a distance of 543.91 feet,
to a point in North line of Mingo Road;
~ THENCE South 68 Degrees 04 Minutes West with the North line of Mingo Road a 3
discar,ce of 365,76 feet, more or less, to the PL".CE OF BEGINNING and enclosing
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2.2 acres of land more or less. +
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-1859
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EXHIBIT "B"
DETAILED PLAN FOR MINGO INDUSTRIAL TRACT, b.b ACRES,
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CONSISTING OFs
1. Detailed Site Plan (1 page); and
2. Detailed Plan Notes (2 pages).
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t I ' d~a~ r` + ",qr cel.L.4 UJ1f/ lrsrn Uer' / ~iCM !-h7r pMa,fL'f.r TV"$ 7Ya 76
cyr /
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BURKE ENGINEERING N/+•+
' ~ ' BRIAN BIfAR£rOE, yt+',rt
t4l
A.~t~/ ~Y"•~ L~ h ""JOB CONSIOIN7 CIVIL ENGINEEA •arr
r1 (ti.,.•-.r rrrr.l, oretorl.tcuf unl tee.vie .wn
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Revised 8 Oct 1987
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DETAILED PLAN NOTES
Mingo Industrial Addition
1. Intent of Owner - is to secure zoning for the land uses indicated and de-
velop consistent with this plan.
2. Development Cride - indicates this area to be adjacent to Lew-Intensity.
Existing lard uses adjacent t the site are listed in Note 11,
3. Areas - General Retail & Office 2.2 acres
Attached Single-Family 4.4
Total - 6.6 acres
4. Land Uses - with `he proposed zoning include a 2.2 ac, GR/O block contain-
ing a building with 9,800 sq.ft, of GR and 17,400 sq.ft, of Office. Pro- f
posed parking includes 49 for GR (200 sq.ft./space) and 61 for Office
(285 sq.ft./space). Total of 110 parking spaces. There are also 30 resi-
dential lots for attached single-family dwellings, each with at least two
off-street parking spaces,
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5. Traffic and Transportation - A single 30' wide driveway is proposed to
serve the GR/O block, and a single residential public street with 50' r-o-w
is proposed for the single-family. The estimated trip generation is about
2.2x450 ■ 990 trips/day at the GR/O block and 10x30 - 300 trips/day at the
single-family, resulting in a total of 1,290 trips/day.
6. Buildings -
neral Retail & Offices Maximum overall lot coverage will not exceed 33R1
building height will not exceed one story= minimum setback to be 35' from
N. Cooper Creek Rd., 25' from Mingo r-o-w and 5' from TMPA easement
Attached Single-Family: Maximum building height to be two storiesl building
setbacks to be 25' at fronts, 25' at street side on corner lots, and 20'
building separations (minimum). Common walls will be on lot lines, and
each dwelling will be located on a platted lot facing a dedicated public
street. Architectural design has not been finalized, but some or all
structures may have an enclosed garage at the ground floor. Minimum
first fleir building area to be 800 sq.ft.
I 7. Residential Subdivision - will have an overall density of 6.8 units/acre.
Residential lot widths range from 24' to 48', lengths range from 85' to
140' and areas range from 2,160 sq.ft. to 4,400 sq,ft.
8. 'frees - 3" or larger are shown on the plan. The Owner recognizes the value
of existing trees provide to the development and will attempt to save all
1 that do not interfere with new streets, utilities or buildings.
continued -
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WIN,
C.,
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Mingo Industrial Detailed Plan Notes, page 2 -
9. Open Space - Lot 6, Block B will be reserved as common area for the 30
attached residential dwellings. The open space with trees and grass
within Lot 6 is about u.3 acres.
10. Screening - is proposed as a continuous 6' min. height cedar or pine wood
j fence with 4" or 6" wide slats. The screening fence will be along the
southwest side of the TMPA easement at the entire boundary between GR/O
and SF, and along the SF frontage at Mingo Rd.
11. Off-site Information - This property is outside the Denton City Limits, and
Adjacent land uses
adjacent land to the east, north and west is not zoned.
1 are: Methodist Church to the west, cemetery to the north, Baptist Church to
the east, Safety Kleen to the south (PD-18) and Greet Giant distribution
warehouse to the southwest within an area zoned C ercial.
12. Utilities - Existing utilities include electrical distribution and sanitary
sewer collection lines at North Cooper Creek Rd.
13. Development Schedule - at present appears to be:
Detailed Plan 8 Preliminary Plat approval by Dec. 1987 {
Final Plat 8 construction plan approval for all 6.6 acres by Sept. 1988
Construct!.on completion on all 6.6 acres by Nov. 1969
j 14. Sign - a single 7' wide by S' high sign is proposed et the location shown
on the plan. The sign will be constructed with a brick course around the
` base and with sign faces on the north and south sides.
15. City of Denton elevation datum is used for the topographic information.
16. No major changes in site topography are anticipated in conjunction with
site development.
17. This site is above all 100-yr. flood plains designated on current FHBM
maps.
18. There are no existing structures.
19. The drainage system will be designed to City of Denton specifications at
time of construction plan preparation.
20. A property owners' assoeiation will be created for the 4.4 acres of SF, and
each property owner will be a member. The purpose of the property owners'
association will be to provide for maintenance of the three common parking
lots and the landscaping within Lots 9 b 199 Block A and Lot 6, Block B.
All property outside the public street r-o-w will :e held by private owner-
ship and subject to private maintenance.
21, Final Plat processing will include a determination of the current ownership
en4 use rights to tho 'unnamed' road, and will require dedication of perm-
anent public street right-of-way snd/or utility easements.
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DAT9. 02/16/88
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJ&CT: PP6LIMINARY PLAT OF TH8 MINGO INDUSTRIAL TRACT ADDITION
RBCOMMBNDATION:
Planning and Zoning Commission recommend approval.
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This 6.5 acre tract to located at the northeast corner of Mingo and
Cooper Creek Roads. The property was recently annexed into the City
with a temporary agricultural (A) zoning classification; however, a
j request for planned development zoning is pending on the site.
Perimeter street improvements will be done for Mingo and Cooper
Creek Roads and the unnamed road on the north side of the tract.
A storm sewer system will be install to route drainage to the box
culverts under the railroad. The existing 10" sower line in Cooper
Creek Road will be extended as an 8" line along the unnamed road on
the north of the property. A 10" line in Cooper Creek Road and an
8" line in the unnamed road will provide water service to tLs
property. Blectrio service to the development will be underground.
EACKGRO)(IIQ:
The property was annexed in 1981 and zoning will be considered on
February 16, 1988.
PROGRAMS. DIPARTMBNT$ OR GROUPS AFFECT90:
Property owner
I VIOCAL IMPACT:
Little or no impact
A :
Respe 11y submitteT
Prepared by: Lloy .Harrell
City Manager
LtU~t ~hea,^„
Cecile Carson
j Urban Planner
i Ap
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Fra . Robbins
1 gxecuttve Director for
Planning and Development
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0923L
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AN ORDINANCE ACCEPTINn COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF ATERIALSl EQUIPMENT, SUPPLIES OR SERVIi;ES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, 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
I lowest responsible bids for the materials, equipment, supplies or
r services as shown in the "Hid 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 I. That the numbered items in the following numbered
bids for aterials, equipment, supplies, or services, shown in
the "Bid Proposals" attached hereto, are hereby accepted and
approved as being the lowest iesponsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
9763 MOTOROLA, INC. $40,346.40
l 9810 ALL TEXAS REFUSE 19,360.00
9823 ALL TEXAS CONTRACTORS EQUIPMENT 17,077.86
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SECTION It. That by the acceptance and approval of the above
numbere tems of the submitted bids, the City accepts the offer
€ of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid_.LavitaFiens, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto; provided
that the written contract is in accordance with the terms,
conditions, specifications, standards, quantities and specified
sums contained in the Bid Proposal and related bid documents
herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this 16 day of February , 1988.
RAY STEPHENS-$ MAYOR
CITY OF DENTON, TEXAS
ATTEST:
I
E , CITY SECRETAY
JENNIFER i
j CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE TWO
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DATE: February l6s 1988
~ CITY COUNCIL REPORT
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Mayor and Members of the City Council
T0:
' Lloyd Y. Harrell, City Manager
} FROM: BIN 9763 800 MHZ RADIO SYSTEM
SUBJECT: PURCHASE ORDER # 82652
in the amount of $44,546.40 be
1i RECOMDTI We recommend this Purchase order
approved to Motorola Communications.
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Purchase of twelve (12) 35 watt
This purchase order is for the Pu installed in the o12 f tnew
1 Svwx4y:. to 9000E mobile radios. These radios will e quot~ as a P~
I Smartma Syn this year. The prices were
police sedans Purchased earlier stem. Prices for hardware were bid as firm for
I ~l 9163 for the main 800 MHZ Radio Sy
1 ore y; ar from system acceptance.
+ pure order X82652
BAC>C6w.- -0
Patrol Division
DEpAATI NTS OR WWPS AFFECTED. police DePartment
pKWAMS
ty lease Purchase
FISCAL IMPACT. this Putchasr order will be funded from a funds. third par
"~'gments will ll be be made from 1987188 budget
ResPectfu submitted:
y 7`~
Lloyd . Harrell
city Hanager a
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Prepared by:
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Name: Tom D. Shaw, C.P.M.
T i !1 e : Assistant purchasing Agent
Approved:
3 3. Marshall, C.P.M.
1t1!; urcIming Agent
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' kA I If Ur UtN I UN, I I:AA,
215 E. McKINNEY ST. PURCHASE ORDER DENTON, TX 76201
P. 0. NUMBEF DATEIVENDOR NO. DOCUMENT TYPI
82652 2/16/88 C14
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VENDOR: MOT52500 SHIP TO:
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I MOTOROLA COMMUNICATIONS EQUIPMENT SERVICES"
ATTN3 31M MANTOS FOR POLICE DEPT
3320 BELTLINE ROAD CONFIRMATION ONLY
E DALLAS, TEXAS 75234 DO NOT DUPLICATE
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E ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN
01 LEASE PURCHASE 12 T99FX SYNTOR 9000E 9763 27,583.68
02 12 031 W 33 WATT OPTION 49813.12
03 12 W 829 8 SYSTEM, 16 SUBFLEET, 64 MODE$ 2,234.40
04 12 W 822 DYNAMIC REGROUPING 19117.20 N
03 12 W 269 ELECTRONIC SIRFN PIA SYSTEM 79020.00
r 06 12 W 591 AUXILIARY SWITCH PANEL 1,716.00
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The City of Denson, Taxes 1s tax exempt - House Bill No. 20. TOTAL FOR HIS P.O. $44,546.40
Reference P.O. Number on all 81L, Shipments and Invoices.
Shipments are F.O.B. City of Denton, or as Indicated.
1 ' bend tnvotces TO: Direct All InquIdea TO:
Oty of Denton, Accounts Payable John J, Marshall, C.P.M. Purchasing Agent
215 E. McKinney $t., Denton, TX 76201 Tom D. Shaw, C,P.M. Asst. Purchasing Agent
Phone 8171568.6223 8176"11 D1FW Metro 2614042
The City of Denton Is an equal opportunity employer
I
DATE: February 16, 1988
f CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
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FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BIDB 9816 REFUSE CONTAINERS
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REC01000ATION: We recommend this birl be awarded to the lowest bidder meeting
specification, Texas Refuse In the amount of $484.00 per conta{ners. Total bid award is
$19,360.00.
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SUMMARY: This bid Is for the purchase of 40 pieces of 8 cubic yard fro,:t
loading refuse containers. The containers will be utilized to compliment the existing
commercial refuse collection. These type containers are designed to be compatible with
our front loading trucks.
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BACKGROUND: Tabulation sheet
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Solid Waste Commercial
FISCAL IMPACT: 1987188 Budget Funds Account 11623024-0802-9106
Respectfull submitted:
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Lloyd Y Harrell
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` City Manager `
Prepared by:
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Name: orn a
Title: Assistant Purchasing Agent
Approved:
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BID i 9816
R
BID--- REFUSE CONTAINERS SCOTT do RIBLET FUc%UA TEXAS
OPEN_j(j,/88 n.m. HILL PRODUCT ENT. REFUSE
ACCOUNT 1M
1. 40 REFUSE CONTAINERS 489.90 382.00 307.00 484.00
DELIVERY
30 da 3-8 day 30-43 day
b `
FOB Denton Denton Denton Denton
TERMS do CONDITIONS NET 1% NET 10 NET 30
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CATE: February 16, 1988
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: BID# 9823 TOWABLE BACKHOE
RECOIVENDATION: We recommend this bid be awarded to the single bidder, Texas
contractors Equipment of Houston. The bid amount is $17,077.86 delivered to Denton. i
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SUMMRY: This bid is for the purchase of a towable backhoe. The design of
k this machine allows excavation In areas otherwise In-accessible by machines Le. HaHrow
easements, yards, etc. This unit will be an excellent labor saving device.
The price quoted seems to be a fair and reasonable price and Is
within the budget estimated amount.
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BACKGROUND: Tabulation Sheet
Pictures of the Unit
PROGRAMS. DEPARTIRENTS OR GROUPS AFFECTED: Electric Distribution - Underground,
Water and Sewer, Parks Irrigation
FISCAL IMAM 1987188 Rudgat Funds Electric Utility #610-080-0232-9232
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Re'spectf ly submitted:
6& zz
Lloy Harrell !
City Manager
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I Prepared by:
Name: Toff-D. haw, C.P.M'
Title: Assistant Purchasing Agent
Title: ;
Approved:
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@1Pu chasing Agent
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BID 9823,
B0 TOWABLE BACKHOE HALL WITCH MOODY- TEXAS TEXAS
EQUIP EQUIP DAY CONTRAC CONTRAC
OPEN 1-28-88 2:00 P.M. do SUPPLY CO. INC. QUIP SUPPLY
HOUSTON DALLAS
ACCOUNT 1
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la- I MWABLE RACKHOP. NO Ain NO gin NO- Rin 17,077.96 NO WE)
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DELIVERY 30 day
FOB DENTON
TERMS do CONDITIONS NET 30
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You can Tow-It uu ca Dr-ty r
~ p fT„~.:h t
it
You can Bust-l You can Extend-It
But best of all you can Dig-It!
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0923L
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
i AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
I EFFECTIVE DATE.
WHEREAS, the City has solicited received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
{ lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals `
and plans and specifications therefore; NOW, THEREFORE,
r' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construct o~ public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications
attached hereto are hereby accepted and approved as being the
lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
` "21 CALVERT PAVING CO
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SECTION II. That the acceptance and approval of the above
compel t ve bids shall not constitute a contract between the
City and the person submitting the bid for construction of such
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public works or improvements herein accepted and approved, until
such person shall comply with all requirements specified in the
h Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, after
notification of the award of the bid.
j SECTION III. That the CityManag_er is hereby authorized to
executeutea all necessary written contracts for the performance of
the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided
j that such contracts are made in accordance with the Notice to
l Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of t?,, above
j compet t~ve Ms and the execution of contracts for the public
1 works and improvements as authorized herein, the City Council j
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
imme at3 -elupon its passage and approval.
PASSED AND APPROVED this the _16day of FFBE2EMy , 1988.
11 f
PAY 9 MAYOR
CITY OF DENTON, TEXAS
4
ATTEST:
JENNIFER WALTERS, CITY SMUM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE TWO
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DATE: February 16, 1988
CITY COUNCIL REPORT
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TO: Mayor and Members of the City Council
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FROM: Lloyd V. Harrell, City Manager
SUBJECT: BIDf 9821 MORSE STREET PAVING
RECOliFUDATION: We recommend this bid be awarded to Calvert PAving Co. of
Denton for the total price of $17,457.25, as per Bid Proposal with completion in 15
N working days.
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f SUMMARY: This bid was advertised and notices sent to over ten prospective
bidders. We received only two bids. There were six sets of plans picked up from our
office. The bids that were received are within the estimate; however, this small bid is ,
` higher per square yard of pavement than on a larger bid.
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BACKGROUND: Ttkulation Sheet
PROGMNS. DEPARTMENTS OR GROUPS AFFECTED:
M.L.King, 1r. Recreation Center to be constructed soon; Street
Improvements and the Citizens of this area.
FISCAL IMPACT: 1
~ To be funded by C.D.B.G. There is no additional impact on the
General Fund.
F C
Respectfully submitted:
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{ L1o Harrell
City Manager
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f Prepared by:
3
o Marshall,
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1e: urchasing g Agent
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Approved: i
bme:\ I nil ars a , C.P.M.
T{llfli urchalsng Agent
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BID 1 9821
BID MORSE STREET PAVING CALVERT JAGOE
OPEN 1/26188 2.00 p.m. AVING PUBLIC
ACCOUNT I
TTY ITEM DES ' ..^YY EN VENDOR VENDOR VENDOR V-EWD-M VENDOR
17 457.25 229524.85
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WORKING DAYS (15) 15 15
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BID BOND YES YES
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NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN
PURCHASES ACCORDANCE FROM HREQTHE UIREMENTSOF PROVISIONS COMOF STATE LAW PETITIVE BIDS; E AND PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, state law and ordinance require that certain
contracts requiring an expenditure or payment by the City in an
amount exceeding $10,000 be by competitive bids, except in the
case of public calamity where it becomes necessary to act at once
to appropriate money to relieve the necessity of the citizens, o
to a
to preserve the property of the city, or it is necessary
protect the public health of the citizens of the city, or in ase j
jj of unforeseen damage to public property, machinery or equipment; A
NOW, THEREFORE, '
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby determines that
there Is a public calamity that makes it necessary to act at once
to appropriate money to relieve the necessity of the citizens, or
to preserve the property of the city, or to protect the public
5 health of the citizens of the city, or to provide for and bt nforseen
of matereaso
y damage public property, machinery or ur equchasipmeesnt, a
rials, ~
purchases
thereof, , the following emergency
equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE AMOUNT
ORDER NUMBER VENDOR s
82674 Johnston Pump Co. $27,600.00
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SECTION II. That because of such emergency, the City Manager
or designated employee is hereby authorized to purchase the
materials, equipment, supplies or services as described in the
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attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
E accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
H SECTION III, That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the do;, of , 198Q•
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RAY STEPHENSO MAYOR
CITY OF DENTON, TEXAS
ATTEST:
e
{ JENNIFER LTER , CIP SECRETARY
CITY OF DENTON, TEXAS +
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITC111 CITY ATTORNEY
CITY OF DENTON, TEXAS
~ a.
BY: j
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DATE: February 16, 1988
CITY COUNCIL REPORT
Mayor and Members of the %.ity Council
TO.
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FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER 82674 JOtiNSTON PUMP
RECONIENDATION: We recommend this purchase order number 82674 to
` Johnston Pump in the amount of $27,600.00 be approved and the
pump be prepared for overhaul.
j arts and transportation
,i SUhQMRY: This purchase order is for the labor9 p on Turbine
to remove, overhaul and return the circulating water pump
unitt5. Johnston Pump Co. in the original manufacture, has the parts
einganpexceptablexturniaround timeaul this pump
price o has the
insthekloand wesals
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BACKGROUND. Purchase order 82674, Johnston Pump Quote 0760
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PROGRAIL DEPARTMENTS OR GROUPS AFFECTED: Electric Production Plant
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' FISCAL IMPACT: 1987/88 Budget Funds for maintenance of generating
equipment. Account number 610-080-0251-8339.
Respectful submitted:
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Lloyd Harrell
City Manager
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spared by:
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Name: Tom D. Shaw
Title: Asst. Purchasing Agent s
Approved:
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J. M
o Osha
Title: Purchasing Agent
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CITY OF DENTON, TEXAS
215 E. MOKINNEY ST. PURCHASE ORDER DENTON, TX 76201
P. 0. NUMBER DATEIVENDOR NO. DOCUMENT TYF
82674 2/11/88
JOH55001 SHIP TO:
VENDOR:
JOHNSTON PUMP COMPANY CITY OF DENTON
6455 BURLINGTON NORTH STEAM PLANT
HOUSTON# TEXAS 77092 1701 A. SPENCER ROAD
ATTN: GREG TAYLOR DENTON, TEXAS 76205
(713) 462-6002
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID N0. LINE AMOUl'
3
! 01 610 080 0251 8339 1 Emergency Overhaul on Unit f5 $27,600.00
02 610 080 0251 8339 1 circulating water pump EST-
03 610 080 0251 8339 an parts and labor price includes
04 610 080 0251 8339 pick up delivery, installation and
05 610 080 0251 8339 start up service,
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TOTAL OF P.O, $27,600.00
The City of Denton, Texas Is tax exempt • House BIII No. 20, S
I Reference P.O. Number on all all, Shipments and Invoices. _
Shipments are F.O.B. City of Denton, or as Indlcated.
Send Inrolcoo TO: DtreM All Inquiries TO:
John J. Marshall, C.P.M. Purchasing Agent
Gty 215 E. of McKinney Denton, AmSt, ounts is TX I Payable le Tom D. Shaw, C.P.M. ASSI. Purchasing Agent
Phone 81715868223 8171588 8311 D1FW Metro 297402
The City of Denton Is an equal opportunity employer
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f )uhnston Pump Company
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CITY OF DENTON
Basic scope of work to repair Johnston 1 stage 48 CMC Circulating Water
Pump - S/N GC4340-41.
Pump Data
Mfg: Johnston
1 Model: 48 CMC
Service: Circulating water
Capacity: 30,000 g.p.m•
it B.H.P. @ design 600
Design point efficiency: 870.5%
1 Head @ design: 4
Speed: 514 R.P.M.
1) Supply transportation to vendors facility.
2) Completely disassemble pump.
3) Replace all bearings (qty. 5) with new high lead bronze parts.
4) Replace packing box sleeve with new 410 S.S. part.
5) Replace packing box "0" ring, shaft sleeve "0" ring and packing with
new material, ;
6) Remachine all surfaces of each component of the drive coupling, (It is
not necessary that the motor be sent with the pump, however the motor ;
drive coupling half must be removed and sent)
7) Replace the velumoid gasket located between the discharge head and
motor pedestal.
8) Replace the neoprene seal ring located on the discharge elbow.
9) In order to insure concentricity and parallelism set up, inspect and
machine as necessary the following parts:
A Motor pedestal
8 Discharge elbow
C Discharge bowl
D Suction bell #
10) Polish and straighten shafting to within 0005" per foot T.I.R. not to
exceed .005" total on any single shaft, (If bearing journals require
metallizing and grinding it will be additional)
11) Install new oversized 9C aluminum bronze impeller wear ring.
12) Bore suction bell seal ring oversized to accommodate new impeller ring,
13) Dynamically balance impeller,
14) Sandblast and coat all stationary non wearing parts with Engard 480
epoxy, or equivalent,
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Johnston Pump Company
15) Assemble pump conaletely,
16) Deliver to Jobsite.
17) Provide installation and start up supervision.
Total pricy estimate for repair as described is 27,600.00.
7. Standard delivery time is 3-4 weeks.
if the situation dictates we can perform the necessary repairs in a
much shorter period of time.
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DATE: 02/16/68
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
j FROMs Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE TO CORRECT AN ERROR IN THE METES AND BOUNDS
` DESCRIPTION OF ORDINANCE NUMBER 85-165. (Z-1730)
P
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RECOMMENDATION:
Staff recommends approval.
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SWIKARY
While preparing revisions to the zoning map, an error was discovered `
in the legal description. A typographical error prevented the 1
description from closing properly.
~CCONIIs
The property located east of Riney between Highway 77 and Windsor
Drive was zoned planned development for a retirement center and
residential development in 1985.
ff PROGRAMS DEPAATlR9NTS OR CAOUP9 AffgCTgD:
Planning and Development Department
2ISCAL IMPACTS
No impact f
Respect ly eubmittedr
Prepared by8 j
Lloy Harrel
UJwQ pyv City Manager
Cecile Carson
Urban Planner
Appr ve r
Fr An o bins
Executive Director for
Planning and Development
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2199x/2
2199L
NO.
ORDINANCE
DESORDINANCE CRIPTIONN AND DECLARING APR EFFECTIVEERROR
AND BOUNDS AMENDING
THE METES DATE.
` THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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l SECTION I. That Ordinance No. 85-165, approved August 20,
II 1985, providing for zoning of 14.06 acres of land, is hereby
amended to correct an error in the legal description of the
property therein rezoned, by revising Section I of said ordinance
to read as follows:
designation of the following described property, to -wit: and use
TRACT I: All that certain tract or parcel of land
situated in the N. H. Meisenheimer Survey, Abstract 810,
Denton County, Texas, being all of a certain tract
described in a deed from C. C. Smith, et ux, to Horacio
Pena, et al, on the 12th day of October, 1976, and
recorded in Volume 808, Page 920, deed Records of said
County, and being more fully described as follows:
BEGINNING at the northeast corner of said Pena Tract at
a steel pin at a fence corner on the south boundary line
of U. S. Highway 77;
THENCE south along and near a fence on the east boundary
line of said Pena Tract a distance of 804.83 feet to an
iron pin at a fence corner at the northeast corner of a
tract described in a deed from Cleora Parker to Melvin
R. Dane on the 27th day of June, 1964 and recorded in
I Volume 511, Page 596, Deed Records of Denton County,
h Texas;
THENCE south 89°17'08" west with the north boundary line
the feet to an iron
corner of said
opinsatd a Dane fence racorner distance
Dane Tract;
THENCE south 0°02'47" west with the west boundary line
of said Dane Tract along and near a fence a distance of
318.5 feet to an iron pin in the middle of Old Sanger
Road at the southwest corner of said Dane Tract;
THENCE south 87o40,28u west with the middle of old Sanger
Road a distance of 42.88 feet to a found iron pin at the
southeast corner of a tract described in a deed from in,
to J. A. inaVolumeM921, Page X485 t Deed Records Miller and recorded
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THENCE north 0°10'56" east with the east boundary ud r ai e of
said Miller Road a distance of 117.97 feet found
iron pin at the northeast corner of said Miller tract;
THENCE south 89°53'45" west with the north boundary line
` of said Miller tract a distance of 109.96 feet to a fence
` corner post at the southeast corner of a tract described
of DentondCourecorded in nty, Texas;Volume
f in a deed from atrick E. Parker
667, Page 592, D ~
i THENCE north 0°49'10" west with a fence on the east
boundary line of said Parker Tract a distance of 98.28
feet to a fence corner post;
THENCE south 88°5329" west with a fence on the north
of 139.20
boundary line pin a in the Parker tract a
middle of Riney Road;
feet to an i
THENCE north fewest et tot anhironddpinoatRianyangle
of
a distance e
point in said road;
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THENCE north 27 °13'51" west with the middle of Riney Road
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a distance of 544.54 feet to an iron pin;
east a distance of 24.73 feet to a
THENCE north 48017'27
found iron pin at the southwest corner of a tract
oCharl~s
described in a deed from Robert J. Moon, et ux tPage
n ham and recorded in
DeediReco denof Denton County, Texas;olume 632, THENCE north 48°17'27" east with the southeast boundary
line of said Cunningham Tract a distance of 174.94 feet
to a found iron pin at the southeast corner of said
Cunningham Tract on the south right-of-way of U. S. High-
way 77;
THENCE south 59°34'29" east with the south right-of-way
of U. S. Highway 77 a distance of 251.25 feet to a found
iron pin;
THENCE south 58°50'46" east with the south boundary line
Hi 77
ngh ontainingiin all 14.07349acrestof land,point
of U. S a f beginni
` o
r
TRACT II. BEGINNING at a steel pin in an old fence corner
med dintersection
the n south boundary line t of bounday Sr Highway 77 ;Riney
Roa
THENCE south 59°22'47" east with the south right-of-way
of U. S. Highway 77 a distance of 239.72 feet to a found
PAGE 2
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iron pin at the northeast corner of a tract described in
a deed from Robert J. Moon, et ux to Charlie Melvin
ecords et ux and recordF--d in
of Denton County, Texas; 632, Page 217,
Cunningham
Deed R
THENCE south 47°09'33" west with the north boundary line
found steel pin at the northwest corner of of 2said Cunningham
Tract on the east boundary line of Riney Road;
THENCE north 28°38'45" west with the east boundary line
point of
of Riney nRoad a distance in alof 27.04 fe to the l 033333 acre of land,
beginni
is hereby changed from Agricultural "A" District Classification
and Use to Planned Use designation under eVthepcomprehensives zoningCordinanceiof the
a
City of Denton.
SECTION It. That in all other respects, Ordinance No. 85-165
E, shat rema n controlling.
SECTION IIi. That the City Secretary is hereby directed to
attac a copy o this ordinance to Ordinance No. 85-165, showing
'i the amendment therein made.
SECTION 1V. s at this shall become effective
imme ate y uP itpassa
1988. ,
PASSED AND APPROVED this the day of
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ATTEST:
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WMARY
NN ER
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITC% CITY ATTORNEY
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1135L
NO. A5-/
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, IEXAS,
AS SASE WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CIT OF DENTON, TEXAS by ORDINANCE NO. 69-1, AS AMENDED, A14D
AS SAID AAP APPLIES TO 14.06 ACRES OF LAND LOCATED ALONG THE EAST
SIDE OF RINEY ROAD, ADJACENT AND SOUTH OF U. S. HIGHWAY 77, AND
NORTH OF WINDSOR DRIVE, AT A POINT BEGINNING APPROXIMATELY 220
FEET EAST OF THE INTERSECTION OF RINEY ROAD AND WINDSOR DRIVE, AS
IS HOKE PARTICULARLY UESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN
ZOL4ING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICA-
TION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF, AND PRUVIDING
( FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY Oi DLNTOY, TEXAS, HEKEBY ORDAINS:
SECTION I.
That the zoning classification and use designation of tha
following described property, to-wit:
TRACT I: All that certain tract or parcel of land situated in the
N. H. Meisenheimer Survey, Abstract 810, Denton County, Texas,
being all of a certain tract described in a deed from C. C. Smith,
and ux, to Pena, 808at all , Page on edea12th dity d Records f oftsaidrCounty,
and being more fully described as folluwe:
BEGINNING at the northeast corner of maid Pena Tract at a steel
On at a fence corner on the south boundary line of U. S. Highway
T1;
THENCE mouth along and near a fence on the east boundary line of
said Pena Tract a distance of 604.83 feet to an iron pin ■t a
fence corner at the northeast corner of a tract described in a
deed from Clears Parker to Melvin R. Dane on the 21th day of June,
1964 and recorded in Volume 511, Page 596, Deed Kecordi of Denton
County, Taxes,%
nce
Dane THENCE Tract t a 8distance of 196.0h fethe et to tanbirona pin tat o of fesaid
corner at the northwest corner of said Dane Tract; yy
THENCE Meno Tract along and " neawest with r a fence taediwest stance of a318.5i feetf town
iron pin in the middle of Old Sanger Road at the southwest corner
of acid Dane Tract;
THENCE south 81°40'26" west with the middle of Old Sanger Road a
distance of 42.98 feat to a found iron pin at the southeast corner
of a tract described in a deed from Grady R. McEuinI Jr., et ux to
J. A. Miller and recorded in Volume 921, Page 485, Deed Rscords;
MTHEHGleE nor
RoadL~a distance of 111197 feet to to bfo nd i yyrons peioftsaid
the
northeast corner of said Miller tract;
THENCE mouth 89°53'45" west with the north boundary line of said
Miller tract a distance of 109.96 feet to a fence corner post at
the southeast of a tract b Page in 592ae Deed from Patrick
E. Parker and recorded in Volume 667, Records of
Denton County, Texas;
'L•113q'aJe ar,~re o:~ra~o+~~' ,
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THENCE north 0°49'10" west with a fence on the mist boundary line
of laid Parker Tract a distance of 98.28 feet to a fence corner
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THENCE south 88°53'29" west with a fence on the north boundary
line of said Parker tract a distance of 139.20 feet to an iron in
in the middle of Riney Road;
;5
THENCE north 11°26'52" west with the middle of Riney Road a
distance of 659.95 feet to an iron pin at an angle point in said
road;
` THENCE north 27°13'51" west with the middle of Riney Road a
h E distance of $44.54 feet to an Iron pin;
T
Iron pin at HENCE north 4d°17'27" east a distance of 24.73 feet to a found
' from Robert J the Msoutwest oon, at ux corner Charles Melvin described land
recorded in Volume 632, Page 217, Deed Records of Denton County,
Texas; said CCunningham BaTract " aedistance of e174 94 southeast boundary
oafound s iron
pin at the southaost corner of said Cunningham Tract on the south
right-of-way of U. S. Highway 77;
THENCE south 59°34'29" east with the south right-of-way of U. S.
Highway 77 a distance of 251.23 feet to a found iron pin;
THENCE south 58°50'46" east with the south boundary line of U
Highway 7 ng
7 • distance of 434-97 feet to the point of be innin
costa 8
inin in a d
d 11 14.0734 acres of land.
TRACT it. BEGINNING at a steel pin in an old fence corner at the
} Intersection of the east boundary line of Riney Road and the south
boundary line of U. S. Highway 77;
THENCE south 59°22'47" east with the south right-o£-way of U. S.
Highway 71 a distance of 239.72 feet to a found Iron pin at the
northeast corner of a tract described in a died tram Robert J.
Moon, at ux to Charlie Malvin Cunningham, at ux ■nd recorded in
Volume 632, Page 217, Deed Records of Denton County, Texas;
THENCE south 47x09'33" west with the north boundary line of said
Cunningham Tract a distance of 126.37 feet to a found steel pin at
the northwest corner of raid Cunningham Tract on the east boundary
line of Riney Road;
THENCE north 28°38'45" west with the east boundary line of Riney
Road a distance of 237.04 feet to the point of beginning,
containing in all 0.3333 acre of land,
and haUsaY changed from to Agricultural "A" District Classification
Classification and Use designation under the comprehensive toning
ordinance of the City of Denton, Texas.
SECTION II,
That prior to Issuance of any certificate of occupancy for the
4 use of ■ny building within the planned development district, the
following conditions shall be met:
1. The overall density level of the entire trace shall not exceed
1 7.9 units per acre,
f 2. The retireaent/recovery center shall be limited to 80 unite.
3. The developer shall dedicate appropriate ri hyyt-of-way and
accordance withY city aof Denton r quirsmanes along half of
Riney Road from Windsor Drive to the beginning of the proposed
Z-1730/ANA ROCCA PENA/PAGE 2
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new alignment of Riney Road. The developer will be required
to pay total cost for that section of Riney Road within the
development (no city participation in over4izing).
4. All sing Is family detached lots shall be a minimum of 8,000
square feet in size.
5. A six foot solid wood fence shall be erected along the
southern boundary of the retirement /recovery center tract.
6. Case of alcoholic or narcotic patients is prohibited.
7. The use of the building designated as "retirement/recovery
center" on the concept plan will be limited to providing
lodging, meals, and nursing care for ill or elderly persons
only.
d. If the single family dwellings are two-story, no windows on
the second floor will face existing developed property.
9. The single family dwellings and retirement center shell be of
_..onry construction.
10. When the property is subdivided and developed, drainage will
not be allowed to flow across the north line of the Dane
property.
t 11. All dwellings shall be a s!.nimum of 1,600 square feet in size.
12. Existing Riney Road shall become a cul-de-sac at its northern
terminus to prevent direct access onto Highway 77. Plane for
installation of cul-de-sac are required at time of platting.
I Actual cul-de-sac must be installed when initial development
occurs.
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bECTluN 11 1.
That the development of the property shall be in substantial
compliance with the site plan attached hereto and m:de a part
hereof for all purposes.
The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as in Appendix to the Code of Ordinances of
the City of enton, Texas under Ordinance No. 69.1, be, as
amended is hereby amended to show such change in District
Classification and Use subject to the above conditions and
specifications.
SLCTIO14 IV.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with ■ comprehensive plan
for the purpose of promoting the 1{oneral welf&to of the City of
Uenton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
Suitability or particular uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
` City of Denton, Texas, and its citizens.
SECTION V,
Any person who sl.nll violate a provision of this ordinance, or
fails to comply therewith or with any of the requirements thereof,
or of a permit or certificate issued tnereunder, shalt be guilty
of a misdemeanor punishable by a fins not exceeding Ons Thousand
Dollars ($1,000.00). Each such person shall be deemed guilty of a
es amts offanrs for oath and wary day or portion thereof during
which any vialition of this ordinance is committed, or continued,
and upon conviction of any such violations such person shall be
punished within the limits above.
2.17301ANA ROCCA PENA/PAGE 3
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I SECTION VI,
That this ordinance shall become effective fourteen (14) days
from the date of its pussga, and the City Secretary is hereby di-
rected to cu is the caption of thla ordinance to be published
twice in tha Denton Record-Chronic la, the official newspaper of
the City of Denton, Texas, within tan (10) days of the date of its
passage.
PASSED AND APUOVED this the 644 ay of , 1985.
GG~
KAYOR
AITOAU7TON,
i A
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ATTESTt
CITY OF DENTON,OTEXAS ( s
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAY0VITC8, CITY ATTORNEY
CITY OF DENTON, TEXAS
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BY] 0-L- i
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' February lo, 1988 16.E
CITY COUtICIL AGE(IDA ITEM
70: WAYOR AND MEMBERS OF' TtIE CITY COUNCIL
FROM: Lloyd Harrell, City Manager ;
COPJSIDER TEXAS-rJEVJ MEXICO POWER COrJTRACT FROM TEXAS
MUNICIPAL POWER AUTHORITY.
RECOMMENDATION
The Public Utilities Board, at their meeting of January 13, 1988,
recommended to the City Council approval of the power and energy
contract between Texas-New Mexico Power (TNP) and the four I
member cities of TMPA.
SUMMARY
The contract has been reviewed by the TMPA Technical Committee
rind legal staff. It Is Intended to provide an Increasing amount of
capacity to TNP for the period of 1987 through 1991 when TNP Is
expected to have two solid fuel generating unite on line. It will
allow the Cities to sell excess capacity and energy through the
contract period. Energy will be priced monthly at essentially the
Cities' marginal cost. Capacity charges are set at $75/KW/year,
J' The base capacity to be purchased is 20 MW In 1988, 30 MW In 1989,
i 40 MW in 1990, end 30 MW in 1991. TNP will have an option to an
additional 20 MW In 1988, 30 MW In 1989, 200 MW In 1990 and 200
MW in 199).
BACKGROUND
j Texas-New Mexico Power does not have any generation at the
I present time and purchases all their requirements from cogenerators
or other utilities. The four Cltle, have furnished TNP power under
ennuel contracts previously. This contract will allow TVP to reduce
their annual req-jlrements from other utilities and allow the four
Cities a firm customer for the contract period.
I ` PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
` City of Denton, Denton Municipal Utllitle% the TNIPA, Legal
1 Department and the citizens.
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FISCAL IMPACT
Denton Municipal Utilities will share In the revenue from energy and
demand charges based on the percentage of excess capacity related
to the total excess capacity of the four cities.
Base Total
KW PricefKW Amount motion
1988 - 20,000 p 1;,75 T1,5UU,000 20,000 75 11500,000
1969 30,000 R 75 2,250,000 30,000 75 2,250,000
1990 400WO Cw 75 3,000,000 200,000 75 15,000,000
1991 30,U00 g 75 21250,OU0 2U0,000 75 152000,000
TOTAL BASE $9,000,00u Option 33,750,000
Possible Grand Total $42,750,U00
Denton's share is expected to be approximately 12%.
Respe 11 sy )lt
Lloyd Terrell, City PAenag
j Prepared/Approved bys i
Executive Director of Utilities
~ F I
EXHIBIT 1 Proposed Contract
Ordinance
r Minutes PUB Meeting of 1/13/88
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EXCERPT
MINUTES PUBLIC UTILITIES BOARD
JANUARY 17, 1988
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12, CONSIDER TEXAS-NEW MEXICO POWER CONTRACT FROM TEXAS
_MU~lICIPAL PO4'!ER AUTFi'OE21_TYi
presented this item to th e Board stating the contract has been
Nelson
reviewed by the TMPA Technical Committee and legal staff. It has not
and D
reservations rege~d ng some of theooptions s' enton Staff has some
o
This contract Is intended to provide an Increasing amount of capacity t
11JP for the period of 1987 through 1991 when 1NP i expected to have sell two solid fuel generating units on line. It will silo% the Cities will
be
excess capacity and energy through the contract period. priced monthly at essentially the Cities' marginal
ty erg(n to el be cost-
charges are set at $75/KVJ/year. The base cepaci 1991. TN will
MW in 1988,30 1 elnradditional 020vmv1 n910968,d300N1W Inn1989, 200 tlv' in
have an option
1990 and 200 MW in 1991.
i Texas-flew Mexico Power does not have any generation at the present
time and purchases all their requirements from c°ower aunder annual
utilities. The four Cities have furnished TtJP p i
t allow
ll
ccrequirementsyfr mfiiothernutilitiesand allow the four Cities etfitrn
annual period,
customer for the contract p
rqy and
Denton Municipal utilities will ershare in centage
tot excessucapac capacity related to
j demand charges based on the p the total excess capacity of the four cities.
6
Base Totei Option
KW PricejKw Amount - 75 11500,000
i 1988 2U,UU9 S,7575---29250,000 - 30,000 75 29250,UOD r
1989 309000 C~ 75 15,000,000 ;
1990 40,000 75 3,QOO,UOO 200,000 75 15 000 000
1 t
991 3D,000 @ 75 2~250,OU0 200,000
Option 33,750,000
TOTAL BASE $9,OUO,UOO
Possible Grand Total $42,750,000
i Denton's share Is expected to be approximately 1296.
Thompson made a motion to recommend the contract to the City Council
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about the options. Second by
Chew. All ayes, Ho ney of S motion 's carried.
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1 AN ORDINANCE APPROVING AN AGREEM,BNT BETWEEN THE CITIES OF DENTON,
BRYAN, GARLAND, GREENVILLE AND TEXAS NEW MEXICO COMPANY FOR THE
SALE OF POWER AND ENERGY AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OP THE CITY OP DENTON HEREBY ORDAINS:
! SECTION I. That the City Council hereby approves and auth-
orizes the Mayoc and City Seccetaty to execute and attest,
~ respectively, the agreement tetxeen the Cities of Denton, Bryan,
~ Garland and Greenville and Tcxas New Mexico Company Eor the sale r
of poser and energy, under the terms and conditions contained in
said agreement as attached hereto. ~
i
SECTION II. That this ordinance shall become effective ~
~ ~ imme ate y upon its passage and a '
pptoval.
PASSED AND APPROVED this the day of
, 1989
RAY STEPHENS, MAYOR
S
ATTEST:
JENNIFER WALTERS, CITY SECRETARY '
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APPROVED AS TO LEGAL FOAM:
DEBRA ADAMI DAAYOVITCH, CITY ATTORNEY
BY:
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TNP/MA '
AGREEMENT FOR SALE OF POWER AND ENERGY
This Agreeownt is pursuant to and entered into this, the day of
1987 by and between the Cities of Bryan, Denton, Garland, and
Greenville, Texas (hereinafter Cities), all municipal corporations organited
under the laws of the State of Texas, and Texas New Mexico Company, a Texas r
Corporation (hereinafter TNP). This agreement is entered into in compliance
with and satisfaction of all terms and conditions either express or implied
of that certain contract dated July 7, 1986 as amended December 19, 1986,
WITNESSETNt t
Whereas, Cities own and operate municipal electric systems which have
generation in excess of that necessary to meet their load and reserve
requirements and other contractual requirements for the period of this
agreement and,
E
Whereas, TNP operates an electric system which purchases for resale power and
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energy from other utilities and, i
Whereas, TNP desires to purchase from Cities power and energy and,
Whereas, Cities can and do agree to provide such power and energy,
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Nov, therefore !n eonslderation o! the
prewlaee and the mutual covenants
j henln contained Ue parties hereto do hereby ague and bind themselves as
followsi
DCFINITIONS
Sue Power - the firm power contracted foe !n any given yuz as shown In
SeMdula I, which when multiplied by the bas• price toe that year establishes
that annual contrast fee. `
I
~ Optfonal Power - additional
power purche us which may be r i
~ equested at TNP s
option !n addition to the bus power contracted !n amounts up to those as set
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I forth on Schedule I. Optional power !s as set forth on Schedule i and shall
be paid !or by TNP in amounts as verilSed to TNp by the citlu.
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Aequeat foe Changes !n Power - an Indteation 6y TNp to the C!tles requesting C
an Increase or decrease in scheduled power amounts b
y means o! oral and/or
written eommunieatlon lncluslve o! telecommunication signals o[
r
telecommunication dwlees Installed on TKP'
s Points o! Delivery,
14ATICLE 2 ~
1.1 The Cities agree to provide and deliver and TNP egress to accept during
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each year o! the term of this contract amounts o! baa• power as shown in the
attached Schedule 2. The Citiu lurther agree to provide end dsllver such
optional power as is set forth on Schedule I which optional paver may be
nquuted at TNP's soie diserstlon. The baa power and any optional lwver
shell be provided and delivered at 'i'FtP's sole direction to one or both of
'l'NP's metering points with Houston Lighting i Power in TNP's Southeast
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Division At A level of firmness equal to Cities' native toad and the Texas
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Municipal Power Pool load. Cities agree to provide power and energy up to
the levels as set forth on Schedule I to TNp during the term of this
contract. Requ3ats for changes in power and energy may be mad* by TNP
f ,
` through oral or written communication from TNP to the Cities' dispatch
If center. Oral requests shall be confirmed by written confirmation within 21
.ours. Actual use of power by TNP over and above base power amounts shall be
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scheduled orally or via written eomraunieation and shall be billed after the
amount of power has been verified by the cities with ALiP at the end of the
month in which the power was taken. Verification shall consist of
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documentation that reflects power delivered by cities that is in an amount '
equal to the remainder of power in excess of all power delivered to TNP by
it's other suppliers.
a
Requests for changes in power and energy by TNP shall be made at least z
~.a 12 hours in advance. Cities will make all necessary arrangements for
f wheeling of power from its generation source to TNP's metering points.
s
The cost of wheeling is included in the delivered price of base power and i
optional power as set forth on Schedule I, provided, however, that the price
paid by TNP for base power and/or optional power shall not be affected or
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changed by actual costs of wheeling experienced by TMPA during the term of
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this agreement or any extension hereof under this Article.
1.2 The cities agree to provide documentation to 7NP prior to December 1,
' 1987, (a) that there is sufficient transmission line capability in the EACOT
facilities to accommodate the base power and optional power deliveries
expected to occur under the terms of this agreement and (b) Cities are able
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to negotiate satisfactory arrangements fox 'the transmission services for the
terms as contained on Schedule 1 by third parties contemplated in Paragraph
1.1 This contract shall become null and void it the Cities are unable to
provide documentation to TNP's satisfaction that contractual azrangments have
bcsn made by the Cities and the necessary affected parties to insure delivery
of the power energy provided for in this agreement. If at anytime after
December 1, 1987 the Cities cannot deliver power and energy as provided for
in this agreement because of thi failure of Cities to comply with either (a)
or (b) above TN4 shall have she option of cancelling as provided for in
Cities that they will be unable to
!I paragraph 6.2. Any determination by
comply with either the requirements set forth in (a) or (b) above shall be
transmitted in writing to TNP no later than three days after the
{
determination is made.
I s
~ 1,3 The Cities also agree to make available and TNP to purchase, at TNP's
,
option, additional amounts of power up to the amounts shown in the optional E
x
column of the attached Schedule I. TN4 shall provide an initial nonbinding
notice of intent to request optional amounts of power for each year on or
and shall make a firm
before the dates Indicated in Schedule I
request for optional power by the dates indicated in Schedule I.
I 1.4 TNP may extend this contract one year beyond May 31, 1991 by submitting
a written request for extension prior December 1, 1989. The base power and
optional power prices for the extension year shall be the same as set forth
k in the contract year beginning May 31, 1990 as set forth in Schedule I.
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ARTICLE II*
TERM
2.1 This agreement shall become effective at 1201 A.M., Decewber 1, 1987
and terminates at 2109 P.M. May 31, 1991 unless extended in writing pursuant
to Section 1.4 of article 1.
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ARTICLE III
I
CCXPENSATION FOR POWER AND ENERGY
i 3.1 In consideration for Cities providing and delivering this capacity, TNP
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{~I agrees to pay for the amount of base power shown for that year in Schedule I
h at the price also shown in Schedule I. This price is inclusive of all
4 ~
wheeling cost referred to in 1.2 above and as conditioned in 1.1 above.
7.2 TNP also agrees to pay 510.00 per Y.W per year for any year of the
contract term beginning June 1, 1989 for which TNP provides a firm request
j,
for optional power. This payment shall be known as the reservation fee and t
{ shall be paid to the Cities at the time the firm request for optional power
s
is made. Any reservation fee paid for optional power for a contract year
shall be subtracted from the price for optional power actually taken in the
contract year. Requests shall be made a minimum of 6 months prior to the
Cities obligation to deliver. in the event optional power that has bean
~r
requested is not taken in the contract year for which it was reserved, the
reservation fee shall be held by the cities as liquidated damages and the
Cities agree that they will not be entitled to further damages.
In the event TNp elects to nominate ■n amount of optional power to be
taken in one of, or any, or a combination of the preceding years, then that
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amount of optional power cannot be displiced by purchase !Tom alternate
suppliers. Nothing in this paragraph shall be construed to prohibit TNP from
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making the necessary purchases to fulfill its obligations to its customers.
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3.3 M agrees to pay $75/XWyr for all optional power actually taken which
is greeter than the base amount of power for that contact year. rho amount
of optional power greater than the base amount shall be determined by the
following formula:
A. Total TNP Southeast Divisions Peak load:
Lease B. Total TNP suppliers load inclusive of
j base power from the cities at try time
of peak period in A above and a.y
standby purchases made by TNP.
Optional power actually taken and
i to be multiplied by optional M er
rates on Schedule I:
i In any given contract year which the Cities provide and deliver, and TNP f
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accepts, more power than the base amount set forth in Schedule I for that
contract year, TNP agrees to pay the amount per XW as set forth for optional
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power in Schedule I for that contract year multiplied by the amount
determined in the above formula. The power accepted by TNP beyond the base
amount for that contract year shall be considered optional power for that
contract year whether or not a firm request for delivery of optional power
has been received by the Cities.
3.1 On or before the 15th of each month during the term of this contract,
the Cities will supply TNP with a rate per KWN for fuel and energy (combined)
which will apply for energy delivered in the subsequent calendar month. T"
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I may elect to purchase energy at this price in amounts ranging from zero up to
a maximum of the base power plus any optional power requested for that
calendar year.
ARTICLE IV
I PAYMENT TERNS
f
4.1 Cities will invoice TNP for all power and energy delivered by the 10th
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of the month following the month of usage under Article I of this contract
€ with payment being due and payable by the 25th of that month. The monthly
2; - rate for power shall be calculated as followst
1
1
Monthly Rate 1/12((A x B) * (C x 0)
whores
A a Base amount of power for that contract year
a • Price per KW for bass power in that contract year
6
C • optional amount of power for that contract year
D • Price per KIN for optional power for that contract year less f
Y Reservation roe f
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a credit in s
During the 12 rlonths in the yNr 1989, the Cities shall apply
the amount of $39,375,00 per month to the above formula in compliance with
the amounts due pursuant to paragraph 3.4 of the contract between the parties
dated July 7, 1986 as amended December 19, 1986. The formula as applied in
1989 shall be as follows)
Monthly rate • 1/12 ((A x e) ♦ (C X D)1 - $39,31S.00
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The parties recognize that the amount bf optional power in C may not be
E identified by the 10th of each month. In such cases a separate bill for C
power will be provided at a later date. The monthly rate for power will be
adjusted as indicated in 3.2 above, optional
power taken will be billed for
the 12 month period following the month in which it was taken according to
j
the price as set forth in Schedule I as applied in the above formula in
Section 3.4.
ARTICLE V
I
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j CONTINUITY OF SERVICE, FORCE MAJEURE
5.1 Each party -'i11 exercise reasonable diligence and care to avoid
intarrmptions of delivery of power and energy, hereunder, but will not be
liable for any damage or lcss that may be occasioned by any failure or 4
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Interruption caused by fires, floods. lightninq, storms, or other acts of
God; or by strikes, riots, civil disturbance, action of public authority,
litigations, breakdown, or other causes beyond its reasonable control.
ARTICLE VI
REMEDIES FOR BREACH
6,1 In addition to and not excluding an remedy herein
any provided, it is
agreed that if either party fails to perform any of its obligations
hereunder, including the prompt payment of monthly bills or delivery of
electric power, the injured party may suspend payment of bills or delivery of
energy hereunder, and said party will not be liable in any manner for loss of
damage arising from much nonpayment or suspension, provided that the injured
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party shall specifically notify the other party of such failure in writing at
least ten 4101 days prior to such suspension or nonpayment. No such
suspension or nonpayment will interfere with the enforcement by either party
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of any other legal eight or remedy. No delay ry either party in enforcing
any of its sights hereunder, and no wei%.er of any right to enforce any breach
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hereof, will be deemed a waiver of such rights. No waiver by either party or
any delay by the other party shall be deemed a waiver of any other or
subsequent default. All rights and options herein are provided tc the
benefit of either party and are continuing such that a failure to exercise
any such right or option shall not be construed as waiving the right or
option upon any subsequent delay or breach whether of like or different
character. In no event shall this Article vi apply when the event of default
is the failure to take reserved optional power as set forth in Article III
with the exception of the 20 Mw as set forth in paragraph 2 of Schedule I.
6.2 Nothing in this agreement to the contrary withstanding, it is expressly
agreed that should Cities fail to deliver base and/or optional power as
contracted for by TNP, and it is the result of the Cities failure to perform
s
and such failure oecvrs in a peak month as defined in that certain purchased
power agreement between TNP and Nounton Lighting and Power Company (HUP),
and such failure causes a new and higher demand to be placed by TNP on the
n&P system, then in such event, and in no other, TNP will have the sole and
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exclusive option to :anal the terms of this agreement and have no further
obligations to the Cities hereunder. In the alternative TNP may continue to
take bast and/or optional power from the Cities at a level to be determined
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by THP for the regaining terms of this agteement. Also in ouch avant, the
cities agree to reimburse TNP for prior billings from the Cities in an amount
equal to any demand
payment TNP incurred over and above monthly levels of
demand payments incurred had the Cities not been a supplier during the
particular contract year. Such reimbursement of demand payments shall be
limited to those incurred during the year in which the failure, to deliver
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occurred. A peak month is defined as being may month or a part thereof
1
between May 15 and October 15 of a year. Should Cities bu unable to make
delivery of power as described in this agreement !or reasons not within their
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control, TNP shall have the same option of cancellation and base power
I I
y adjustments as described above. However, in such ease the Cities shall not
be obligated to make a refund or reimbursement. This article shall in no way
relieve NP of the responsibility to properly schedule power to each of its
metering points with HLCP to prevent a new demand.
I
ARTICLE VII
Cities reserve the right to assign portions of this contract responsibility
to another member of the Texas Municipal Power Pool, provided however that
such assignment shall be subject to the same terms and conditions contained
in this agreement unless modified by agreement in writing by TNP and the
assignee. Cities agree to notify TNP of the appropriate parties responsible
for any requests in change of povar on a regular basis, i
ARTICLE VIII
This contract and its terms and conditions shall be interpreted in accordance
with Texas law, as app?1ad and enforced by the PUCOT through their
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~ regulations, and shall beoosa null and void it any or all of the forme and
conditions are not approved by order of appropriate regulatory authorities.
I The parties recognize that each may have obligations to the other under
I Article 3.3 of the 1956 Agreement for Sale of Power and Lnergy by and between
TNP and the City of Bryan. In the event of regulatory disapproval of this
II contract, those obligation., to the extent they may exist, will continue. In
the event Municipally xmed systems become regulated as to their contract
terms and rates by an agency of the State of Texas, it is agreed that no
k
j, tariff requested by the Cities will include a term that provides for payment i
for base or optional power beyond the term of the contract because of a
k" minimum or ratcheted demand. In the event such a term is included in the
1
tariff by the regulatory agency, then this contract shall immediately becme f
null and void at TNP's option.
,
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:n the event Municipally owned systems become regulated as to choir
contract terms and rates by an agency of the state of Texas or any government
and such agency or regulatory authority imposes regulations that would modify
this agreement, TNP shall have the sole right to terminate immediately upon
effective date of such regulatory order.
TNP may, with the agreement of the Cities, modify the terms and
conditions of this agreement to a corm necessary to accommodate TIM's plans
to make firm economy sales to its industrial customers. The Cities also
a
ogres, subject to transmission access and arrangements with third parties, to
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deliver the firm power as des:ribed in this agreement and met forth on
r Schedule i, is attached, to ala rnate points of delivery as described by TNP.
The afore-referenced agreas,ent by the Cities may not be unreasonably
withheld.
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All notices and other communications required or permitted by this
agreement except as otherwise specified shall be sufficiently given by
certified mall, return receipt requested as follorsi
To the City of Bryant
City of Bryan
P. 0. Box 1000
Bryan, Texas 77805
Attn, Mr. Ernest Clark, City Manager
To the City of Dentoni
City of Denton I
21S E. McKinney St. "E
iF Denton, Texas 76201
Attni Mr. Lloyd 8arrsll, City Manages
To the City of Garlands
City of Garland
P. 0. Box 401889
Garland, Texas 75040
Attni Mr. James Spore, City Manager s
To the City of Greenvillst
City of Greenville
P. 0. Box 1049
Greenville, Texas 75401
I1 Attni Ms. Bill Cook, City Manager
f To TNPi
Texas New Mexico Power Company a
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Attni
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signed by the parties hereto on the dates ahd year first written above bys
city of Bryan, Texas
By$
Titles
Attested bys
City of Denton, Taxes
Sys
Titles
{ Attested bys
City of Garland, Texas
a
By$
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{ Titles s
3
Attested bys
City of Oreenville, Texas
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Title }
p
Attested bys
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Texas-New Mexico Power Cmpaay
By$
111 Jack V. Chambers
Titles Vice President
Attested byi
Michael Is ichard
Corporate Secretary 6 General Counsel
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aptiwal h.av.tlar► R7r gtiff.l :
Rr.az Prim" Rf~+a~tlf ftlak 1 !w w PMW Raw
Jun. 1, 1988 20 $75.00/Yr. 25 $7S.00/Yr. $10,00/fY. Doe. 31, 1487 Die. 31, 1987
Jun. 1, 1989 30 $75.00/Yr. 30 S75.00/Yr. $10.00/Yr. Oct. 1. 1988 Dec. 31, 1987
Jun. 1 1990 40 $75.00/Yr. 200 $75.00/Yr. $10.00/Yr. Dec. 31, 1988 Oct. 1, 1988
SO $75.00/Yr. 810.00/Yr. Oct. 1, 1989 Dec. 1, 1988
l Jn. 1 1991 30 $75.00/Yr. 200 375.00/Yr. $10.00/YY. Dec. 31, 1989 Oct. 1, 1989
50 $75.00/Yr. $10.001Yr. (X-t. 1, 1990 Dec. 1, 1989
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LATE: February 4, 1988
CITY COUNCIL REPORT EMAT
a
T0: mayor and Members of the City Council
y FROM: Lloyd V. Harrell, City Manager
` SUBJECT: REVISION TO LIFE INSURANCE COVERAGE
r
RECOWENDATION:
Recommend that Council approve an ordinance to implement minor
changes to life insurance coverage for City employees.
SMARY:
Establish a base life insurance amount of $15,000 for all employees
and incorporate that into the 1 x annual salary for lidinsurance
benefit.
BACKGROUND:
i
Effective ;.ovember I, 1987, a life insurance plan was approved by
Council to allow coverage of 1 x annual salary. This was a positive
change for almost all employees; however, when the new formula was
applied to some of our employees, they ended up receiving a lesser
benefit than before because their actual annual salaries were less
than the previous amount allowed for their salary category. The
number of employees adversely affected by the change was 38.
There are also 10 part-time employees that have life insurance
coverage. These employees were not adversely affected by the change
in life coverage, however, increasing the life insurance minimum to
$15,000 will increase their life amount to $15,000.
By establishing a base of $15,000 for all employees and
incorporating that into the 1 x annual salary for life insurance
benefit, the affected employees can be restored to at least their
previous levels.
I PROGRAMS, L&ARTmirNTS OR GROUPS AFFECTED: 9
i
Employees who were adversely affected by the life insurance change
M and part-time employees who take advantage of the life insurance
program.
l FISCAL IMPACT:
r I, Based on the previous premium rate (.44/1000), the FY 87/88 life
insurance benefit had been budgeted at 056,686. However, with the
new rate of .21/10000 the projected cost is $50,045. Below is a
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City Council Report Format
Life Insurance Change
Page 2
breakdown of the adjusted almual savings of the life insurance
program less the cost to raise the affected 38 full-time employees
and the 10 part-time employees to the new minimum of $15,000.
Projected Savings (FY 87/88) $6,641
Cost to Increase Life Minimum -1,625
AUIUSTEL ANNLAL SAVINGS $5,016
Respectfully submitted:
1
j 4Lloyd.rrell
} City Manager
Prepared by: ;
omas nc , L recto
Personnel/Employee Relations
Approved: y
c can xecut vc rector
Municipal Se vices/Economic L'evelopment
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020588:0855
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CITY of DENTONO TlXAS 215 E. MCKINNEY t DENTON, TEXAS 76201 /TELEPHONE (817) 566.8200
NIEM:O RAN DUMi
10: Betty McKean, Executive Director s
Municipal services/Economic Developa,ent
FRDMI: Thomas w. Klinck, Director
Personnel/Employee Relations
DATE: recember 30, 1987 t
SUBJECT: Life Insurance
q During the implementation of our life insurance plan, it was discovered that
j 38 employees were adversely affected by the change in life insurance coverage
as reflected below.
i
Number of Life Amount Annual Cost to
Fulloyees Before Chan Amount After Change_ Increase to $15 000
-Time Ltie. to es
Em. e
" 26 $15,000 Less than $15,000* $ 982.80
12 $12,000 Less than $12,000* 453.60
s
*varies by individual salary
Until November 1, 19879 0l regular full-time employees received life
insurance benefits as follows:
Amoun
t
? Mionthl Salar Life
or more ' 0
000
00 - X1,000 $12$7,500
$500 - $600
There are also 10 part-time employees that have life insurance coverage.
These employees were not adversely affected by the change in life coverage, 3'.
however, increasing the life insurance minimum to $15,000 will increase their
life amount to $15,000. The breakdown of this total annual cost is shown
below.
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Life Insurance
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Total Cost - Full Time Employees $ 10436.40
189.00
Total Cost - Part Time Employees
COST $ 11625.00
TOTAL ANNUAL
provided l x the annual salary. This was a
ver when la was
The new plan that went into effect p a lesser benefit
positive change for almost all employeCended '!Owe' 1 up receiving he new form'cevious
applied to some of our employees, they
before becausetheirr salary actual caannual tegorysalaries were less than th
than e p
amount allowed f establishing a base of $15,000
This problem can be easily corrected by simply
EDr all employees and incorporate that into the 1 x annual salary for life
y insurance benefit
restore the affect .edmspi geesetooat least their prcviousele els~t and
the FY 87/88 life insurance
r Eased on the previous premium rate (.44/1000), annual
benefit had been budgeted at $56,686. However, with the new ratto e of of . 21/1000,
the projected coi{e iinsurance. program less theacostnto raiseeahe affected 3F
savings of the 1 art-time employees co the new minimum of
full-time employees and the 10 p
$15,000.
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Projected Savings (FY 87/88) 61641
1t625 r
s
Cost to Increase Life Minimum
' $ 5,016
AAIUSTED ANNUAL SAVINGS lease ]et me know.
If you have any questions or need additional information, p
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1?2987:1120
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1 AN ORDINANCE ACCEPTING AN AMENDED PROPOSAL FOR LIFE INSURANCE FOR
THE CITY'S EMPLOYEES'; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 15, 1987 the City Council upon the
recommendation of the City Manager, awarded the contract for life
insurance to the best and lowest bidder, Washington National Life
Insurance Company! and
WHEREAS, the City wishes to amend said life insurance
contract to provide for minimum coverage in the amount in
15,000, said amendment to result in an expenditure of less than
110,000, and thus not subject to statutory bidding procedures;
( NOW, THEREFORE,
II THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby accepts the amended
proposal of ashington National Insurance Company for life
insurance for City employees, a copy of which is attached hereto
and incorporated by reference herein. ?
SECTION I1. That the expenditure of finds for such insurance
coverages iareby authorized.
SECTION III. That this ordinance shall become effective
i.Ame ate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RCS E~'FTA O-R j
ATTEST:
AtTERSO
JERNIFER WCITY SOn"MIT
APPROVED AS TO LEGAL FORM: n
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
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schedule of benefits and/or cost
LIFE AND AM INSURANCE '
CLASS AMOUNT
I All Employees on the Executive Committee Two times annual earnings rounded
to the next highest 51,00 1,000
With a mihimum Of 515,000.
II All Other Employees one time annual earnings rounded
to the next highest $1,000;
With a minimum of $15,000.
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RATES
Class i $ .21 per 51000 !
I Class II $ .21 per $1,000
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Life 6 AD&D coverage is in compliance with the new ADEA laws and coverage is an
follower €
I Two times annual earnings
Active Employees under age 703 II One times annual earnings
Reduction to 65% at age 70 j
Reduction to 45% at age 75
Reduction to 30% at age 80
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i City of Denton August 13,1987--
W"Mington
ssea national a ie eel
M!U MANU COMMNY
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DATEt February le, 1988
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CITY COUNCIL REPORT FORMAT
TOI Mayor and Members of the City Council
FROM= Lloyd Y. Harrell, City Manager
SUBJECTI AUDIT Of FRANCHISE FEE PAYMENTS
PECOMMENDATIONI Approval of Ordinance.
6UMMARYI This ordinance allows the City to enter into an agreement for f
auditing services. Municipal Administrative Services will
perform an audit on Lone Star Gas and Sammons Communication,
inc. to ensure the correct franchise fee payments under our
franchise agreement.
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BACRGIOINDf N/A
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FISCAL_IMIACT: ouldpaymentaddare itioound,revenue to the General Fund
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P.espectI y submitteds
U
Lloyd Harrell !
City manager }
Prepared bys
k
d P. McOrane
E ecutive Directcr of Finam:e
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
MUNICIPAL ADMINISTRATIVE SERVICES, INC. FOR PROFESSIONAL AUDITING
PROVIDING
SERVICES GAS COMPANY AND TSAMMONS 'CO*1U NICATONSGREANDN O
STAR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby approves and auth-
orizes t e ,ayor and City Secretary to execute anentontest,
respectively, the agreement betweeinctheelative to the City's
Municipal Administrative Services,
franchise agreements with Lone Star Gas Company and Sammons
Communications, under the terms and conditions contained in
Agreement which is attached hereto and made a part hereof. k
SECTION II. That this ordinance shall become effective
imme ate y upon its paseage and approval.
PASSED AND APPROVED this the day of _j 1988.
i
ATTEST:
JENNIFER WALT
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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1 BY:
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AGREEMENT BETWEEN THE CITY
TAE STATE OF TEXAS of DENTON AND MUNICIPAINC.
DENTON § ADMINISTRATIVE SERVICES,
COUNTY OF of Denton (the
Agreement is made by and between the Ciro'. or
This
"City"~ and and Municipal Administrative Services,
} "Agent 1 as follows:
WITNESSETH:
f lianca audit (the
1. M,A,S. agrees to con( Coa y franchise Communications,
" of Lone Star Gas Company from the City
Audit ) "Companies") which hold a fran information from the
Inc„ (the uesting and receiving
For purposes of re4for those purposes, M.A.S. shall be an agent
Companies, and only
of the City. anies of its intent to
rees to notify the Comp reliminery information
2. M.A.S. ag
and qq s a ent of
conduct thCOAbegin the auditbytsubmits~edpto M.A•Ss Ag
necessary
the City.
M.A.S. shall be to determine
3, The Audit to be conducted by of the following:
franchise fees or othertfonunts are now due and owing the
if any
City and shall include veri ca are correctly
a) that all beingmwithincthedCicy., City
M coded as
b) that a1.1 the company's revenue accounts have een
includfQe in the base for calculaon 0
the franchise agreem3n e; ands-
chile Pursuant
c) that the Company has includod any new resources of
revenue in the base for calculation of the franchise
fee paid the City. M.A.S. shall provide City
work at.
4. At the completion of the Audit,
e the udit Findings and provide recommendat one
with a fine] and thesauri which will otlie re orti g
i and cn pli-
formed, explain
t of future franchise e
for the improvemen
ante efforts. rovided hereunder, City
S, As csmpMnAasiO~s Efollows;8ervicea p
agrees to p y refunded
Thirty (30x~ percent of any amounts recovered, of the
or credite t.nd accepted as a result oercent of the
audit findings, including thirty (30X) P
va]ue of any other compensation given to and accepted
findings.
by the City as a result of the audit .S. within thirty
All compensation shall be paid to s w are it collected
(30) days after the date such amooustunts
and refunded to City.
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6 Upon payment to M.A.S. of all amounts due as above
described, M.A.S will turn over to City all working documents,
q files or other information acquired during the audit process.
7. Unless prevented by circumstances beyond the control of
MA.S., all Services, as described herein, shall be completed
within one hundred and fifty (150) days from the date of this
Agreeuent.
8. M.A.S. shall exercise the same degree of care, skill and
diligence in the performance of the services provided hereunder
as is ordinarily provided by a certified public accountant under
similar circumstances.
9. M.A.S. agrees to defend and indemnify City from and
against legal liability for damages arising out of the perfor-
mance of the services provided herein, where such liability is
cause by any error, omission of negligent act of M.A.S., its i
agents or employees.
Executed this the day of , 1988.
CITY OF DENTON, TEXAS f
ATTEST:
i
WALTERS, CITY SECRETARY
j
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
MUNICIPAL ADMINISTRATIVE
SERVICES, INC. ;
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BY:
, SIDENT
ATTEST:
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CfI Y L JU14(- IL ALE( iUA I I LF,
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1 l us kAYUl2 ANU MEMBERS OF I lit Lll Y UUUI4CIL
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I, FROh1t Lloyd Morrell, Lity Manager
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~ CONSIDER CONTRACTS VJIIIi FKEESE ~ fJICNOLS INC. FOR
PHASE 1, ANALYSIS AND PRELIMINARY DESIGN ENGINEERING
SERVICES FOR A NEW WATER TREATMENT PLANT AND OFF SITE
i FACILITIES
I
RECOMMENDATION
The Public Utility Board, at their meeting of February too 19889
recommended to the City Council approval of the attached contracts for
Phase I Analysis and Preliminary Design Engineering Services of Freese &
Nichols, Inc., for a new water treatment plant at Lnke Rey Roberts and off
site facilities near Loop 288.
SUMMARY
The City of Denton hra an urgent need for the construction of a new M
million gallon per dey WGD) water treatment plant and off site facilities
1 to accommodate increeed water demands. Attached contracts will fulfill
these requirements for Phase I Analysis and Preliminary Design.
BACKGROUND
For the past two years, the Utility Staff has been planning for a new water
treatment plant and of} site facilities to meet the water demands of a
growing city of Dents The attached contracts will start the process to
meet these needs un '.:he year 1996. Follow-on additions to the nevt plant
can be made In a mooular fashion as future requirements dictate. After
` the Phase I Analysis and Preliminary Design phase, additions to these
! contracts will be required for Phsse lI Detailed Design and Phase III j
Construction Services.
i FISCAL IMPACT
Phase I Analysis 6 Preliminary Design
Engineering Services-Wtr T rmt Pit $345,300
Phase I Analysis & Preliminary Design
09
Services for off-site facilities W212
TOTAL $467,500
(3.83% of an estimated $14M project
for Phase I only)
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
x
All water customers of the City of Denton distribution system and possibly
t other municipalities In the Lake Rey Roberto region.
4ecll,
su/b/milted
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, City h~a
nege
Prepared byr
C, David Aam, Director ! t
Water/Wastewater Services j
Approved byr
R. E.-PJelson, Executive Director
Denton Municipal Utilities
t
f Exhibit I Proposed Contracts
Ordinance
Minutes PUB fleeting of 2/10/88
57101JO-0 i
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EXCERPI FROM Mll JU I ES
PUBLIC UI ILIIIES BOARD MEEI IrJG
February IU, 1988
M CONSIDER CONIRACIS VATH FREESE & NICIIOLS IFJC. FOR
PI1A8E Z AIJAI YSIS At•JD-Ff2EL1~1INAE2Y DESIGN EIJGINEERING
SE1~ E!'bj2 n TJE SY~'11~~EFi~~tEA~I_1ElJ~'t ~FIf7F1 JdU!°F_ SIf~
V,X. TTY-- - - - -
Nelson reviewed this item stating that the contract for the Water
Treatment Plant covers the following iternst
a) Analysis
1) Water of Lake Ray Roberts
2) Dlck~r . Cc nsultant with Freese & Nichols, Inc.
3) Samgli ;
4) Jar Teats
5) Flo,vs
6) Reports to determine process selection
b) Sizes are then determined for basins, pumps and lines.
c) hydraulic analysis flows from the lake to the City of Denton.
I
r ` The Booster Pump Station contract coverst
a) Routln3 analysis
it b) Hydraulic flows
Phase I VItr.Plt. contracts $34503U0
Phase I Rooster Pump Contractf $1221200
Total for Phase I $467,500
Ihis amount represents 3.83% of an estimated $14 million for the
water plant project.
Loney stated that these two contracts will take the City up to the point of
working drawings and specifications. Nelson explained that once this phase
was completed, the City will know what kind of treatment process will be
used and whet the structural layout of the plant will be. The second phase
will be the structural walls, machinery, constructlon and administration.
Nelson further drew the Board's attention to the compensation levels of
the proposed water plant contract. the contract is "not to exceed"
$345,000.
1 LeForte made a motion to approve subject contract based on final approval
' by City Attorney. Second by Chew. 1
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Laney emphasized that if the scope of services or the anticipated costs
change oppreciebly, proper notification end justification must be presented t
for consideration by the Board prior to the end of the project. The Board
expressed they desire change orders to be presented as they occur, reth,r
then at the end of the project, In order that they may better track
j expenses.
A representative of Freeze and Nichols, Inc. assured the Board that If they
foresee a change they -,+i11 most certainly bring this to the Board's
attention, and that they are very conscious of the Board's concern In this
aree.
Laney called for the vole. All ayes, no nays. (.lotion carried.
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2236L
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NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND FREESE & NICHOLS FOR LAKE RAY ROBERTS WATER TREATMENT PLANT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
OF THE CITY OF DENTON HEREBY ORDAINS:
~ THE COUNCIL
SECTION I. That the City Council hereby approves and auth-
orizes the M yor and City Secretary to execute and attest,
! respectively, the agreement between the City of Denton and Freese
i & Nichols for Lake Ray Roberts Water Treatment Plant, under the
terms and conditions contained in said agreement which is
attached hereto and made a part hereof,
f SECTION II. That the City Council authorizes the expenditure
of funs not to exceed Three Hundred Forty-five Thousand Three
Hundred Dollars ($345,300.00).
SECTION III. That this ordinance shall become effective
imme3'facefy upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
i
RAY I MAYOR
i
ATTEST:
JERNIUR O CITY sECREMY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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J AGREEMENT FOR ENGINEERING SERVICES
FOR
LAKE RAY ROBERTS WATER TREATMENT PLANT
STATE OF TEXAS
COUNTY OF DENTON O j
i This Agreement made, entered into and executed this the day
of , 1989, by and between the 7 ty ol'~6enton,
here na er ca e e and Freese and Nichols, lnc,, hereinafter
called the "ENGINEER" acting herein, by and through its rapresentative,
€ duly authorized so to act for and in behalf of said ENGINEER.
WITN£SSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows:
SECTION I
{ EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform
professional engineering services in connection with the Pro,ect as stated
In theservices
sectionsetoWNER
statedsuch
agthe sections ttheoENGINEERdcomfor havin pensationrendered
agrees to pay to
r 1 follow.
l
The Project shall include design of a potable surface water treatment
facility "The Lake Ray Roberts Water Treatment Plant'
composed known as
mposed of a raw water transmission facility, 10 MGD water treatment
plant, high service pump station and clear-well. The ENGINEER aghi gheet with the perform the services under the Agreement
in accordance
professional standards prevailing an the Dallas/Fort Worth/Metroplex
area . ~
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SECTION 11
PERIOD OF SERVICE
'this Agreement shall become effective up-)n execution by the OWNER and the
ENGINEER and shall remain in force for ;,he period which may reasonably be
required for the design, award of contract, and construction of the Pro.
Ject, including Additional Services and any required extensions approved
by the OWNER.
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SECTION III
BASIC SERVICES
i
The ENGINEtR shall render the following professional services for the
development of the Project:
PHASE I - ANALYSIS AND PRELIMINARY DESIGN PHASE ;
E Upon execution of this Agreement, ENGINEER shall:
a. Consult with OWNER: (1) to review the scope of work, (2) to verify
I the OWNER s requirements for the Project, and (3) to review
available data.
b, Advise OWNER as te) the necessity of OWNER's providing or obtaining
{ data or services from others, and assist the OWNER in connection
with any such services.
c. Provide analyses of OWNER's requirements for the project, as
f verified in Sec'.ion 111, Paragraph A.l.a., including planning,
surveys, site evaluations and comparative studies of prospective
sites and solutions.
d. Prepare a flow chart showing key project milestones including
Phase I through Ill. The flow chart will be updated monthly and
sent to the OWNER. The ENGINEER understands that the OWNER
desires the project to be in operation by May 1, 1991, however,
the OWNER acknowledges that the ENGINEER is only one of many
parties involved in the project and that the ENGINEER cannot
assure completion of the project by a specific date.
e. Prepare a Preliminary Design Report (POR) containing schematic
layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate the considerations involved and the alterna-
tive solutions available to OWNER and setting forth ENGINEER's
findings and recommendations with opinions of probable construc-
tion costs for the Project, which includes estimates of
contingencies and allowances for charges of professionals and
consultants. Allowances for the cost of land and rights-of-way,
compensation for or damages to properties and interest and
financing charges will be provided by the Owner or others so
designated by the OWNER, all of which are hereafter called
"Project Costs".
The POR shall include the results of four technical Memorandums
(TM) addressing the following areas:
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Sub-task 1 - Water Treatment Plant Inspection Trip
The ENGINEER will participate in an inspection trip with
y OWNER'S representatives to various water treatment plant
installations in Texas, Arizona and California. This trip
i will include one day in Texas, one day in Arizona and three
l 4 days in :alifornia.
i i Sub-task 2 - Data Collection and Review
1. Modeling data on raw water quality applicable to Lake
Ray Roberts developed by North Texas State University
! will be collected and evaluated. Critical water quality
parameters include turbidity, color, tastes and odors,
coliform counts, corrosion potential, and trihalomethane
(THM) formation potential. If supplemental data is
required for specific parameters, the ENGINEER will
i recommend further sampling and analysis. Additional
sampling and analysis will be done by the OWNER'S
r laboratory, an independent testing laboratory in North
Texas, or by the ENGINEER as an additional service.
2. Other available existing reports related to this project
will be reviewed, particularly those relating to soils
and geotechnical site conditions. Available information
on the operation of Lake Ray Roberts will also be
reviewed. Other studies conducted for the City of
Denton concerning the proposed treatment plant will be
f reviewed to obtain background information on the
` project. It is assumed that the above referenced
information will be available within 30 days from date
i of Contract. Up to five reports will be reviewed.
3. Additional information on treatability of surface water
existing Lake Ray
by i observing antidpated at
facilities bands
will similar be obtainedquality
reviewing process performance of water treatment plants
using similar supplies in the local area. Three such
evaluated.
casts will be
(includes the OWWFR's existing WTP served by Lake Lewisville). Three years of
data will be evaluated.
4. Regulations and design criteria established by the State
of Texas l
and design criteriar
discussionsonaproctssrselection to
flexibility with the Texas Department of Health (TOH).
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Sub-task 3 - Development of Finished Water Quality Objectives
1. After a review of the outlined above, the finished water
quality objectives for the proposed water treatment
plant will be developed. In general, the finished water
j should be safe, palatable, and economical. Specifically,
the objectives must be developed in the context of the
current drinking water regulations of the TDH and the
I proposed new regulations as a result of the Safe
` Drinking Water Act (SDWA) amendments of 1986.
iii 2. A workshop between the ENGINEER, OWNER and TDH will be
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held to review the new requirements and to discuss the
impact they may have on process selection for the
proposed treatment plant. Final objectives will be
j established as a result of this workshop. The
1 workshop will include discussion of potential process i
combinations that can successfully meet the water
quality objectives. This discussion will provide input
necessary for final process selection.
TM 02 - PROCESS SELECTION
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' Sub-task 1 - Development of Alternative Treatment Process
Combinations
1. Using the information obtained in the previous
Sub-tasks, the ENGINEER will develop three alternative
treatment process schemes for evaluation.
2. Schematics of the three alternatives (containing repre-
sentations of the unit processes employed and the waste
handling procedures to be used) will be developed to aid
in the 1na1 selection process. The ENGINEER will
evaluate the feasibility of pumping the waste chemicals I
and sludge to the existing WWTP for disposal.
Sub-task 2 - Treatability Study
1. A meeting will be held between the ENGINEER, OWNER and I
TOH following data review, establishment of treated
water quality objectives, and development of process
alternatives to determine the extent of design flexi-
bility allowed by the TDH. This meeting will review
the benefits and costs of doing pilot treatability
studies as part of the alternative selection process.
If additional pilot treatabflity studies are determined
to be desirable, the ENGINEER will obtain written
authorization from the OWNER based on a detailed Scope
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of Work prior to proceeding. Compensation will be
1 provided under SECTION ]y - ADDITIONAL SERVICES.
Sub-task 3 - Process Selection
a 1. Based on the ~~esults of the analyses outlined above, the
selection process can be completed. Selection of the
appropriate treatment process will be based upon
{ consideration of several factors, some of which are
listed below.
1) Cost effectiveness of the system, both in terms of
capital and 0 6 M costs;
2) Overall system reliability, including capabilities
to handle abnormal water quality episodes;
3) Flexibility and simplicity in operation;
E 4) Ability to meet not only present but mutually
agreed future water quality regulations;
51 Adaptability of the process to both seasonal and
long term changes in raw water quality;
6) Capability of process to ba upgraded when water
quality and/or drinking water regulations are
changed;
1) Capability of process to meet both hydraulic and
quality peaks;
e) Complirnce with State and federal design criteria
and water quality regulations
These factors will be considered during the evaluation,
and one alternative process combination will be
selected,
2. Technical Memorandum No. 2 - Treatment Process Oetermi-
nation, will be prepared and submitted for review by
Technical Review Board members and the OWNER.
3. Technical Review Board Meeting No, 1 will be held to
discuss the treatability/process selection results and
to gather consensus from the ENGINEER and the OWNER on
the proposed treatment process. The Technical Review
Board shall consist of four senior staff members tf the
ENGINEER or its sub-consultant. They will provide
independent review of the Analysis Phase. The TDH will
be consulted following this consensus to receive tl,air
agreement on the process selection. Upon approval of TM
N2, the preliminary design process wilt proceed to
completion using the selected process alternative,
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TM 03 - PRELIMINARY LAYOUT
Sub-task I - Develop Design Criteria
The ENGINEER will establish detailed design criteria for the
selected treatment process including the following items:
1
1.1 Unit process design criteria:
~i (a) process loading rates
(b) chemical dosages
(c) number of units
(d) basin sizes
(e) pump sizes, number, and horsepower
(f) sludge volumes
(g) washwater and sludge handling facilities
1.2 Operational requirements including labor, chemical, and
energy.
Sub-task 2 - Establish Hydraulic Profile `i
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Hydraulics for the treatment plant will be evaluated based on
the proposed plant capacity. A hydraulic profile (manually
calculated) from the lake to the new high service pump
station will be prepared for the initial and ultimate
capacities. An analysis will be made of the feasibility of
utilized excess hydraulic head for power generation, The s
ENGINEER will meet with the OWNER's Utility Department and
the Corps of Engineers to coordinate planning of any WTP
hydroelectric generation facility and a second hydroelectric
generator being considered by the OWNER for flows discharged
around the WTP.
Sub-task 3 - Develop Preliminary Site Layouts/Architectural
Design
Develop a topographic map of the selected site. Prepare
preliminary layout of major treatment units (including raw
water facilities, clearwell and high service pumping station) i
and the operation/control building. Additionally, consult
with OWNER concerning space requirements and architectural
features of the treatment plant, including visits to
appropriate local facilities for examples of the preferred
style. Provisions for security of the WTP facilities such, as
fencing will be addressed. Prepare Technical Memorandum No.
3 - Preliminary Layout, including applicable sketches and
concepts to be used in selecting final siting plan and
architectural design. A workshop will be conducted with the
OWNER to present and discuss the results of this Technical
Memorandum and to finalize the site layout.
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Sub-task 4 - Opinions of Probable Cost
Project probable construction costs and operation and mainte-
nance costs will be estimated for a 10 and 20 mgd plant.
Operation and maintenance costs will be reflective of the
number and level of plant staffing and chemical usage
projected.
TM #4 - DEVELOP INSTRUMENTATION AND CONTROL PLANT
Design concepts and criteria for instrumentation and control
systems will be developed. The results of this effort will be
summarized in Technical Memorandum No. 4 - Instrumentation and
Control Concept Report. A workshop with the OWNER's staff will be
conducted to present and review the results of this Technical
Memorandum and to finalize the concept most appropriate and
{ acceptable to the OWNER.
Furnish fifteen copies of each Technical Memorandum and the
Preliminary Design Report.
PREPARATION OF PRELIMINARY DESIGN REPORT
A draft POR summarizing the information, analyses, and findings
developed in the above tasks.
Conduct Technical Review Board Meeting No. 2 followin
of the draft PDR. 9 Preparation
A final PDR will be prepared following review and comments by the i
i OWNER, and presented
Zoning the
Corinission and
City Council. (Two trips to Denton Included)
1 PHASE li - DETAILED DESIGN PHASE
The scope of work for this phase is a general outline of services to be
provided and is based on the understanding of the project at this time.
Upon completion of Phase I, Analysis and Preliminary Design Phase, a
detailed scope of work for Phase II, Detailed Design Phase, will be
furnished to the OWNER.
After written ,uthorizatioi from the OWNER, the ENGINEER shall provide
professional services in this phase as follows:
1. Prepare detailed plans, specifications, contract documents,
designs, and layouts of improvements to be constructed (surveys to
be furnished in Additional Services, Section IV),
2. Provide the OWNER with advice, when requested, with respect to the
making of all subsurface investigations, including borings, test
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pits, soil resistivity surveys, and other subsurface explorations;
however, the making of such investigations and the interpretations
of data and reports by special consultants are not a part of the
services to be rendered by the ENGINEER, and the cost therefor
shall be paid by the OWNER.
The ENGINEER shall monitor and review the work of testing
laboratories and inspection bureaus required for the testing or
J inspection of materials, witnessed tests, factory testing, etc.,
for the Project, but the cost of such laboratory tests or
inspection shall be paid by the OWNER.
j 3. Furnish the OWNER, when requested, the engineering data necessary
for applications for routine permits required by local, state and
I federal authorities. Preparation of detailed applications and
supporting documents for government grants or for planning
advances will be provided as Additional Services.
4. Submit plans, specifications, and contract documents to the
applicable federal and state agency(s) for approval, where
required.
5. Furnish such information necessary to utility companies whose
facilities may be affected or services may be required for the
Project.
1 6. Prepare revised opinion of probable construction cost, and
bidder's proposal forms (project quantities) of the improvements
to be constructed.
7. Conduct Quality Control (QC) workshops utilizing three senior
staff members with experience acceptable to the OWNER, QC
workshops are to be held at approximately 30, 60 and 99% complete
milestones of Phase II Detailed Design.
8. Furnish the OWNER three (3) sets of copies of plans, specifica-
tions, and bid proposals marked "Preliminary" for approval by the
OWNER. Upon final approval by the OWNER, the ENGINEER will provide
the OWNER ten (10) sets of copies of "Final' plans. As directed
i by the OWNER, additional sets of plans, specifications and bid
documents as are necessary in the receipt of bids for construction
and as ere required in the execution of the project, shall be
furnished by the ENGINEER and shall be paid for by the OWNER at
actual cost of reproduction.
PHASE III - CONSTRUCTION PHASE SERVICES
Upon completion of the design services and app royal of "Final" plans and
specifications by the OWNER, the ENGINEER will proceed with the performance
of services in this phase as follows:
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1. Assist the OWNER in securing bids, issuing notice to bidders and
notifying construction news publications. The notice to bidders
t will be furnished to the OWNER for publication in the local news
media. The cost for publications shall be paid by the OWNER.
2. Assist the OWNER in the opening, tabulation, and analysis o the
i
bids received and furnish recommendations on the award of
! contracts or the appropriate actions to F: taken by the OWNER.
3. Assist in the preparation of formal contract documents for
i construction contracts.
4. Assist in conducting pre-construction conference(s) with the
Contractor(s), review construction schedules prepared by the
Contractor(s), and prepare a proposed estimate of monthly cash
requirements of the project.
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5. Make two visits each month to the site (as distinguished from the
continuous services of a Resident Project Representative) to
observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with
the contract documents. In performing these services, the
ENGINEER will endeavor to protect the OWNER against defects and
deficiencies in the work of Contractors; the ENGINEER will report
any observed defects or deficiencies immediately to the OWNER;
however, it is understood that the ENGINEER does not guarantee the
Contractor's performance nor is he responsible for supervision
of the Contractors operation and employees. ENGINEER shall not be
responsible for the means, methods, techniques, sequences or
procedures of construction selected by Contractor or the safety
precautions and programs incident to the work of the Contractor.
ENGINEER shall not be responsible for the acts or omissions of any
person (except his own employees and agent) at the Project site or
otherwise performing any of the work of the Project.
6. Consult and advise with the OWNER during construction, make
recommendations to the OWNER regarding materials and work-
manship, and prepare change orders with OWNER's approval.
7. Review samples, catalog data, schedules, shop drawings, labora-
tory, other data
the Construction dContract.
pursuant shop the m General Conditions material
8. Assist the OWNER In arranging for testing of materials and
laboratory control during construction to be conducted at the
OWNER's expense.
9. Interpret intent of the plans and specifications for the OWNER and
requested by
Contractor(s), andapproved Investigations, by analyses,
the OWNER, for substitutions of
the Contractor(s)
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equipment and/or materials or deviations from the plans and speci-
fications will be considered an additional service. (NOTE: Such
studies conducted by the ENGINEER, if determined to be inadequate,
due to incompleteness of ENGINEER prepared plans and specifi-
cations, will be redone without additional compensation.) Any
I defective designs, plans or specifications furnished by the
ENGINEER shall be promptly corrected by the ENGINEER at no cost
} to the OWNER.
10. Review and comment on monthly and final estimates for payment to
I Contractor(s), pursuant to the General Conditions of the
Construction Contract.
11. Conduct, in company with the OWNER's representative, a final
inspection o` the Project for conformance with the design concept
of the Proje,:t and general compliance with the contract docu-
ments, and review and comment on the certificate of completion and
the recommendation for final payment to the Contractorlsl,
12. Revise the construction drawings in accordance with the infor-
mation furnished by construction Contractor(s) reflecting changes
j in the Project made during construction. One set of reproducible
!I prints of "Record Drawings" shall be provided by the ENGINEER to
r the OWNER.
13. The ENGINEER will contact the OWNER's operating staff ten (10)
months after the date of final acceptance to determine warranty
items to be addressed by the Contractor.
SECTION IV
ADDITIONAL SERVICES
Additional services to be performed by the ENGINEER, if authorized by the
1 OWNER, 01 ch are not included in the above described basic services, are
{ described as follows: j
A. Field Surveying required for the preparation of designs, drawings
and plans Including topographic survey of the plant site.
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8. Field layouts or the furnishing of construction line and grade
surveys.
C. Investigations involving detailed consideration of operation,
maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits
or inventories required for certification of force account con-
struction performed by the OWNER.
D. Making necessary property, boundary and right-of-way surveys,
preparation of eas?ment and deed descriptions, including title
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search and examination of deed records. Providing a land agent or
public relations specialist to assist the OWNER in obtaining
easements.
E. Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
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F. Providing shop, mill, field or laboratory inspection of materials
and equipment.
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G. Preparing any required Operation and Maintenance Manuals or
1 conducting operator training and preparing Environmental Impact
Assessments or Statements.
{ H. Appearing before regulatory agencies or courts as an expert wit-
ness in any litigation with third parties or condemnation proceed-
ings arising from the development or construction of the Project,
including the preparation of engineering data and reports for '
assistance to the OWNER,
1. Furnishing the services of a Resident Project Representative to
act as the OWNER 's on-site representative during the construc-
tion phase, if requested by the OWNER. The resident project
representative shall be acceptable to the OWNER. The Resident
Project Representative will act as directed by the ENGINEER in
order to provide more extensive representation at the Project site
during the Construction Phase. The duties and responsibilities and
the limitations on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exhibit B which is
E to be identified, attached to and made a part of this Agreement.
As set forth in Section III, C.5, the ENGINEER does not guarantee
the Contractor's performance nor is he responsible for supervision
of the Contractor s operation and employees. If the ENGINEER is
requested to visit the site more frequently than two (2) visits
each month as set forth in Section III, Paragraph C.5, the
and
to r additional Additional Service
u ENGINEER visits shall shall be entitled considered
compensation.
the
Through more extensive on-We observations of the work in pro-
gress and field checks of materials and equipment by the Resident
Project Representative and assistants, the ENGINEER shall endeavor
to provide further protection for OWNER against defects and defi-
ciencies in the work, but the furnishing of such Resident Project
Representation will not make ENGINEER responsible for construction
means, methods, techniques, sequences or procedures or for safety
precautions or programs or for Contractor's failure to perform the
construction raccordance
ENGINEER's Documents
may a result t from the the Contract
pt
negligent
insofar as such failure
acts or omissions.
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J. Assisting the OWNER in claims disputes with Contractor(s),
I K. Performing investigations, studies and analyses of substitutions
? of equipment and/or materials or deviations from the plans and
! specifications.
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1. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall be
furnished by ENGINEER on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
M. Additional water quality sampling, testing or analysis beyond that
specifically included in Basic Services. This includes pilot
treatability testing, bencA-scale testing or trailer mounted
testing to determine the following objectives:
(1) To evaluate chemical requirements; types, amounts and points
{ of addition
(2) To determine mixing and flocculation rates and times;
(3) To determine media design parameters, such as filter media
types, size and depth;
(4) To confirm the design criteria used for the treatment plant;
(5) To evaluate operational criteria, such as filter ripening,
filter rate, backwash rates, etc.;
(6) To evaluate taste and odor control strategies; E
(7) To evaluate overall treatment process;
(8) To provide support documentation to the Texas Department of
Health.
N. Preparing copies of Computer Aided Drafting (CAD) electronic data
bases, drawings, or files for 'he OINER's use in a future CAD
system.
0. Providing video camera with video tapes of construction phasq to
be used as a historical record and for operator training.
P, Provide all power rate information required for the hydroelectric
feasibility study.
Q. Attendance at additional meetings beyond those specifically noted
in Basic Services required by TDH, other regulatory agencies or
the OWNER.
R. Any additional services required by the OWNER not included in
Easic Services.
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SECTION V
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner so as not to delr.y the
services of ENGINEER.
A. Oe;agnate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have contract authority to transmit instruc-
tions, receive information, interpret and Iafine OWNER's policies
and decisions with respect to ENGINEER's services for the Project.
B. Provide all criteria and full information as io OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which
OWNER will require to bo include.' in the Drawings and Specifica-
tions.
4 C. Assist ENGINEER by placing at ENGINEER's disposal all available
information pertinent to the Project including previous reports
and any other data relativt to design or construction of the
Project.
D. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Agreement.
k E. Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER.
F. Furnish approvals and permits from all governmental authorities
,
having 3urlsdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project.
G. The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity surveys, and other subsurface explorations.
OWNER shall also make or arrange to have made the e interpretations
shall investigations.
of data and reports
such resulting atfrom, ions such
the OWNER,costs
associated wit
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N. Provide such accounting, independent cost estimating and insur-
ance counseling services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing
service as OWNER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction
contract, and such inspection servires as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnish-
ing and performing the work.
i I. The OWNER shall determine, prior to receipt of construction bid, E
j if the ENGINEER is to furnish Resident Project Representative
service so the Bidders can be informed.
1
E J. If OWNER designates a person to represent OWNER at the site who is k
not the ENGINEER or ENGINEER's agent or employee, the duties, re-
sponsibilities and limitations of authority of such other person
and the affect thereof on the duties and responsibilities of Engi-
neer and the Resident Project Representative (and ariy assistants)
i will be set forth in an exhibit that is to be identified, attached
4 1 to and made a part of this Agreement before such services begin.
K. Attend the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other job related meetings
and substantial completion inspections and final payment inspec-
tions.
L. Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
i or timing of ENGINEER's services, or any defect or nonconformance
of the work of any Contractor.
M. Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in Section IV of this Agreement or other services as
required.
N. Provide transportation such as airline fare, automobile rental or
subsistence required for OWNER's personnel to attend project
meetings or inspection trips.
0. Bear all costs incident to compliance with the requirements of
this Section V.
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SECTION Y1
COMPENSATION
A. COMP NSATION~ TERMS:
1. "Salary cost" is defined as the Cost of payroll for
ENGINEERS, draftsmen, stenographers, surveyors, clerks,
laborers, etc. for time directly chargeable to the Project, k
plus Social Security contributions, unemployment compen-
benefit retarYments bsickileaveedvacatian and surance '
sation,si, lnsuranceongevity
p
holiday pay applicable thereto. (Salary cost is equal to
j 1.4136 times payroll.)
ell ined as EERsineemploymenthofeothers in outside
2. 1incurred lbyc the xENGIN
l firms for services iadesignfandusimilar services.
testing, surveying, Process
ENGINEER assupplthatiexespentransporse for I
3, "Direct Non-Labor ense' is defined
assignment incurred by
todgin and gfrom tral similaruincidentalssinsconnectiond
iodgg away
with that assignment.
B, BASIC, SERVICES:
For and in consideration of Phase I . Analysis Phase of the Basic es to basedcon thebScheduleeofbChargesNshownRinlExhibitRAs with totaly
fee not to exceed Three partial TthehousENGINEERand
Dollars basis of roved
made on the the b basis of monthly statements rendered to and monthly
by the OWNER; however, under no circumstances shall any m
statement for services exceed the value of work performed at the
time a statement is rendered.
Prior to
shall submitcaemaxi um fee for Phase 11a- DetailedeDesignEPhaseER
s
and Phase III -Construction Phase Services for approval of the
OWNER. The a reed maximum fee will be aesacbed to and made a part
of this g
R shall
It understood that t toNthisEAgreement
not be
which would require additional payments by the OWNER for any
theated
charge, havin4 Sefior reimbursement rst obtained writteneauthorization f from as
without
OWNER. n the ENGINEERIto proceed ltohPhase 11, Detailed Design, aorhsubsequently
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to Phase III, Construction Phase, the provisions of Section XIV
will be utilized to terminate the Contract.
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C. ADDITIONAL SERVICES:
1. For Resident Representation a,d Inspection During Construc-
tion and Construction Layout
For the resident representatior, during construction and
construction layout (Section 1V.0 , the ENGINEER shall be
paid based on the Schedule of Charges in Exhibit A, Pay-
ments for resident project representation and construction
i! layout shall be due and payable upon submission of statements
by the ENGINEER. Statements shall not be submitted more
{ frequently than monthly.
lS 2. For Other Additional Services !
i ~
For additional services in Section IV except resident repre-
sentation, the ENGINEER shall be paid based on the Schedule
of Charges shown in Exhibit A. Payments for additional
services shall be due and payable upon submission by the
1 ENGINEER. Statements shalt not be submitted more frequently
than monthly.
If OWNER fails to make payments due ENGINEER for services and
expenses within forty-five days after receipt of ENGINEER's
statement therefore, the amounts due ENGINEER will be increased at
the rate of 1% per month from said forty-fifth day, and in
addition, ENGINEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until ENGINEER has
been paid in full all amounts due for services, expenses and
j charges. Any applicable new taxes imposed'upon services, expenses,
and charges by any governmental body after the execution of this
contract will be added as necessary to the ENGINEER's
compensation.
(NOTE: Final payment processing may require sixty days and no
increased amounts will be due until sixty days have elapsed,)
SECTION VII
TIME OF COMPLETION
The ENGINEER will commence work on the Project immediately upon execution
of this contract. The ENGINEER shall complete the work in accordance with
the following schedule:
1
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Submit Within Designated Calendar Days
Item Following Date of This Agreement _
Technical Memorandum Ni 90
Preliminary Design Report 180
SECTION VIII
i
j OPINION OF PROBABLE CONSTRUCTION COST
j The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
i studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost prepared by ENGINEER
i hereunder will be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best Judgement as an experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of "G
any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
design. Accordingly, ENGINEER does not guarantee that proposals, oids or
actual costs will not vary from opinions, evaluations or studies submitted
by ENGINEER to OWNER hereunder.
SECTION IX
REVISION TO PLANS AND SPECIFICATIONS
The OWNER reserves the right to direct substantial revision of the Plans
and Specifications after approval by the OWNER as OWNER may deem necessary,
but in such event the OWNER shall pay to the ENGINEER just and equitable
compensation for services rendered in making such revisions.
SECTION X
OBSERVATION AND REVIEW OF THE WORK
The ENGINEER will endeavor to protect the OWNER against defects and de•
ficiencies in the work of Contractors, by observation of the work as it
progresses, by interpretation of the plans, specifications and other
contract documents to and with the Contractors, by the disapproval of
defective work as may be observed and the issuance of stop-orders from the
OWNER with respect to defective material and workmanship where they are
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observed, and the ENGINEER will exercise due diligence to assist the OWNER
in requiring that the work be done in accordance with plans and specifi-
cations; but the Contractor will remain independent contractor with
the OWNER, and the ENGINEER does not guarantee the performance of such
construction contracts. As set forth in Section III, C.5 and Section IY.I,
ENGINEER shall not be responsible for the means, methods, techniques,
sequences, or procedures of construction selected by the Contractor, or the
safety precautions and programs incident to the work of the Contractor.
Also the ENGINEER shall not be responsible for the acts or omissions of any
person except his own employees and a ents at the project site or otherwise
performing any of the work at the protect.
SECTION X1
OWNERSHIP OF DOCUMENTS
i f
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest here-
in. OWNER may make and retain copies for information and reference; how-
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others. Any reuse by OWNER without written verification
or adaptation by ENGINEER will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER 's independent
associates or consultants, and OWNER shall indemnify and hold harmless
all
ENGINEER and ENGINEER 's independent associates and consultants from :
claims, damages, losses and expenses including attorneys' fees arising out
of or resulting therefrom, Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER,
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SECTION X11
INDEMNITY AGREEMENT t
ENGINEER shall indemnify and save harmless the OWNER and its officers,
agents, and employees from the liability of the OWNER on account of any
injuries or damages received or sustained by any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
ENGINEER or its officers, agents, or employees in the execution,
operation, or performance of this Agreement.
In the event of liability from suits, actions or claims arising out of or
occasioned by the negligence of both the ENGINEER and the OWNER, their
agents or performance of this A reement, each party
employees, in the shall contribute toward the satisfaction of the V ability its propor-
tionate share, which share shall be equal to the percentage of negligence
attributable to the party.
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SECTION Xill
ARBITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval.
SECTION XIV
TERMINATION OF CONTRACT
1 The obligation to provide services under this Agreement may be terminated
i by either party upon thirty days' written notice in the event of substan-
tial 'allure by the other party to perform in accordance ith the of
any
thereof through no fault of the terminating party. In the event termination, ENGINEER will be paid for all services properly rendered and
reimbursable exposes incurred to the date of termination and, in addition,
all reimbursable expenses directly attributable to termination.
SECTION XV
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER
are
successors,bexecutors,eadministratorsoandilegalerepresentativese(andtsaid,
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may i
become due or moneys that are duel this Agreement without the written
k consent of the other, except to the extent that . any assignment, subletting ti
or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
G written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing suchate to
st independent the associates performance dofconsultants hereunderENGINEER may deem app p
assist j
Nothi
benefitsuinethisiAgreementntosanyoneeothertthan OWNERvandnENGINEER,oand ,;11
be
duties and responsibilities unr'artaken pursuant to this Agreement will be
for the sole and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party.
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This Agreement (consisting of pages I to 22 inclusive) constitutes the
entire Agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
i supplemented, modified or cancelled by a duly executed written instrument.
SECTION XVI
The following exhibits are attached to and made a part of this Agreement:
EXHIBIT A - Schedule of Charges
EXHIBIT B - Duties, Responsibilities and Limitations of Authority of
Resident Protect Representative
This contract Is executed in two counterparts.
ATTEST: CITY OF OENTON, TEXAS E
Owner
Approved AS o ega orm
By, By:
Debra rayov tc Ray tep ens
City Attorney Mayor
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ATTEST: FREESE AND NICHOLS, INC.
Engineer j
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4c Ce~c~ By:
John Cook Robert Nichols
Vict President Executive Vice President
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EXHIBIT A
SCHEDULE OF CHARGES
c
Staff Members Salary Cost Times Multiplier of 2.3
s es en epresentation Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen,
stenographers, surveymer. clerks, laborers, etc., for time directly
chargeable to the prolect, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and holiday pay
applicable thereto. (Salary Cost is equal to 1.4136 times payroll.)
I Subconsultants Charges (Except JMM) Actual Cost Times Multiplier of 1.15
i{ James M. Montgomery (JMM) Actual Cost Times Multiplier of 1.10
i A11 Other Direct Expenses Actual Cost Times Multiplier of 1.00
Other direct expenses shall in.lude printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
Fort worth and other miscellaneous expenses directly related to the work,
3 including costs of laboratory analysis, tests, and other work required to {
be done by independent persons or agents other than staff members.
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EXHIBIT B
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
A. Central.
1 Resident Project Representative is ENGINEER'S Agent, will act as directed by and under the supervision of ENGI-
general the onlycwithsENGINEtER andtCONTRACTOR,dandt deal ngs with
ah i ingto the onf site with ENGINEER rt
r as directed b Efull knowledge of CONTPACTOR. Written communication wiih
shall through through
subcontractors OWNER will be only
i B, Dotles and Responsibilities.
Resident Project Representative will:
CONTRACTOR and consult with edulGINbeduT concerning f Shop Droving su missi ns an schedule of values prepared
J, Schedadrj~ Review the roress
by
EN confer and notifygihose expe schedule attend nineodince.'A tend meetings. and
2. 4er ied a in tten ult preconstruction
as
maintain and circulate copies of minutes thereof
J. Varlon' through CONTRAC7OR's superinten•
j a. Serve as ENGINEER's bsisoo with CONTRACTOR. working principally
understandi
ntract aison with CONTRACTOR when Cthe Intent ofihe ONTRACTOR s operations affect OWNiER's on-sift operations g as OWNER'S
dent sod himin
b. As requested job s le for properOellte~ution of the Wo obtaining from OWNER additional details or Information. when required
u the 1
I. Shop Drawinly and Samplfs
les by CONiTRACTOR, and tnoify ENpt of of heir availabilisam ty for exsminationmpks which are furnished at the s to com
it, recei
any Work
menceintrit b. Advise ENGINEER and simple ubmiOsslonrif its the submission has not immedialtly of by ENGINEER.
requiring a Shop Draw
5. Review of Work. ReJecdon of Drjcrrhe Work. Iritp-morns mtd Tow;
minin
deter
ER In
assist ENG
6conduct on-1114 ress to
Work Is In accordance with the Contractons and that completed Worklwill conform to the Contract Documents•eding
b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not
trogtsof any to be m
into ade or hail nbeen damaged prior to Anat p Ymtnleand aidv unENO1NEEa then he believes WOrkashouldrbe
corrected or rejected or should be uncovered forobservatio, or requires special testing, im,vctlon or approval
the Convict pDocuments sand inrpresence of the requ{red per onnel, an ibis ONTRACTOR mw males
ybythat
required
adequate records thereof; observe, record and report to ENGINEER appropriait details relativetothe test proceJures
and startups, risdiclion over the Project, recarJ
d, Accompany visiting lnspector% representing public or other agencies having }u
eta ouscome of these inspections and report to ENGINEER.
019" by National Society of 1'rore,sinnal t.naineer,. 2014 K St . N W • Washing+on. D C.:0006
_22.
NSMACECIA 'NPYM Ka^ion Na. 191O-1•A
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I r1 former, r,rrr. In,•rl rm led. l l 1,.. I,..soit Il.,n,m,I t„ I I)N IN M It IN 1. Nt AM I Y N ehrlItAlu.rl. And
be r'pnlra.t IA41r mi nl,
I. 5r,,,(,r, I rlt,dmi r'unvdc• .,rid c.;dn.rh• 1'IIN iNAl'111R s slq•roJ l,m. it,I lit ai dic.1t,ons m TIT aW (nits or srcclfic vhunt
? and itporl them w Ilh rho n nimcnil.itions to bNt ilNl I It
~ A. RrrnrJt:
a. Maintain at The job site olderty files fdr Cotrespnndence, reprirts of rob conferences, Shop Drawings and samples {
submissions, reptoducrions of original Contract Ikcurri including all addenda, change orders, field order, addi
j Wrist Drawings issued sub.equcnt to the cii imn of the Conrraci. ENGINEER's elarficaiions and micrpretatlons
of the Contract Dncumcnis, progress reprint. and oiler I1oleu related documents,
b. Keep a diary car log book, recording helps on the soh site, weather conditions, data relative to questions of extras i
or deductions, list of %,sit inq otTiciait and tepresenixrlves of manufactu+ers, f,ihreatnn, suppliers and dntfibutort,
daily sclivities, decisions, nhscrvahorts In Fcncral and specific oh%crv;al,tnv in more dciad as in the case of observing
test procedures. Scnd caplcs ro LNGINI.IIK
e. Record names, addresvcs and tekphona numfvts of all CONTRACTORS, subcontractors and major suppliers of
materials and equipment.
4, Rep<Lla~
a. FurnithENGINEER periodic reports at rcquircdofprogrestofrheWork and CONTRACTOR'scompliance with the
approved progress schedule and schedule of Shop Drawing suhmisslnns,
j b. Consult wit;: ENGINEER in advance of «hcdtdcd it lr tests. inspections or start of important phases or the
work.
it. kcport immediatety to ENGINEER upon the occurrence of any accident.
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10. Pdy nrn/ Requhifirl Aell Applications for payment with CONTRACTOR for compliance with the established
procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their
relation to the schedule of values. Work completed and materialt and equipment delivered at the tiro but not incor•
porated in the Work.
11. CerHlSrales,MelnrrnonrrundelpredNonlifnnnr.7 DurimitiNcourseoflbeWork, venrythat certificates,maintenance
and operation manuals and other data required In be Assemhlcd and furnished by CONTRACTOR are applicable to
she items actually installed. and detivtr this material To F,NGINIl far MA eel, ew and forwarding to OWNER poor
to Anal acceptance of the Work. i
1?, Compteridnr
a, Before ENGINEER issues A CenlAcate of SuMemlial Complctinn, submit to CONTRACTOR a list n,'obscned
ittms requiring completion of correction,
b. Conduct Anaf Inspection in the company of ENGINf(FR, OWNER and CONTRACTOR and prepare a Anal list of
items Ia be completed or corrected, '
c, Verify that all items on Anal list have been completed of corrected and nuke recommendations to ENGINEER
concerning acceptance.
C. LlmKatksnaofAuthordy,
k Except upon written inltructulrtsnf FNGINI:I:R, Rcstdenl Proitct Repreientailve:
1. Shall not authorize any devlalion (film the Contract Ihwuments nr appruse any tabslltute materials or equipment.
2. Shall not exceed limitations nn ENGINEFR's atnharlty as set forth in the contract Documtnts,
ry J. Shall not undertake any ofthttesp~rtslMleiewfCONTRACTGK,suhconlractorsof CONTRACTOR'ssuperlniefide III.
or eapediit the Work,
4. Shall not advise on of clue directions relative III '*my aspect of the means, methods, techniques, sequences of
procedures of construction unless such is speclficaBr l. Alled for in the C'ontraci Documents
J. Shall not advise an or issue d,f•stKinv as in kafety pfecaw loin and probe s in eunneclain wish the Work
A Shull i aulhunrc IIWNI ll hl o.cupy the Purls In whrdc of in roes
I Shall not Ill lp,de in rM"I'llycd field of t,kN,I,ItAry rests
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h r,tlorrkr l o4 car it A.w4....... h. p♦enr uAn.iii Kk4.M1. Al1r 111 nir11pA1,l ~n4nrwYnuo n4nl,MAra1.6n..w.1iL V~wa\~nra M.arrn+dl npnun llN w„H.M.rM.ryl q.MrnrnW,l•wn, n,
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Y NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND FREESE & NICHOLS FOR LAK ING~THEROEXPENDITURESIOF FUNDS
TRANSMISSION FACILITIES;
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
OF THE CITY OF DENTON HEREBY ORDAINS:
THE COUNCIL
SECTION I. That the City Council hereby approves and euth-
t,
respectively, Secretathry City of execute Denton and and attest,
reapecti y Roberts Off-Site Water Transmission
6 Nichols for Lake Ray
Facilities, under the terms and conditions art hereof, in said
agreement which is attached hereto and made a p zes SECTION Il, That the exceed City
One Council
Twenty two h ThousanditTwo
Hundred autho
{ of un s not to exce 200.00).
}{undyed Dollars ($122,
SECTION III. That this ordinance shall become effective
imme ate y upon its passage and approval.
1988.
PASSED AND APPROVED this the day of
YOR
RA STEPHE S,
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ATTEST:
v
r 3 IFER WALTERS~ CIT S CRET
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
i
BY: r
v.
"7 .
Ir
t
AGREEMENT FOR ENGINEERING SERVICES
FOR
LAKE RAY ROBERTS OFF SITE WATER TRANSMISSION FACILITIES
STATE OF TEXAS ( )
COUNTY OF DENTON O
i
1 This Agreement made, entered 1n1988,dbyand executed day
between the ty o
of
Den on, ere na ter ca e t e " NER" and Freese and Nichols, Inc.,
sereinafterdcalled thei"ENGINEER acttfor andein,behalfdofhsaidhENGINEERre-
WITNESSETN, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows:
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees the ENGINEER, and the ENGINEER agrees to perform employ ER a re to stated
professional engineering services in connection with the Project as ag the toc pay ntottheoENGINEERdcomfor havin pensationrasdstateduin thevsectionsetoWNER
agrees
follow.
The Project shall include design of off-site water transmission facilities,
including transmission lires, booster pump station and ground storage
reservoirs. The ENGINEER agrees to render the services under the Agreement
in accordance with the/ rofessional standards prevailing in the Dallas/Fort
Worth/Metroplex area. highest
SECTION II
PERIOD OF SERVICE
bcy the
upon
mayOreasonablyWNER and
This shall bece
ENGINEE the Pro-
regirincludingeAddesign, ditionalw Services and any requiredtextensions approved
Sect
by the OWNER.
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SECTION III
BASIC SERVICES
The ENGINEER shall render the following professional services for the
development of the Project:
PHASE I - ANALYSIS AND PRELIMINARY DESIGN PHASE
l Upon execution of this Agreement, ENGINEER shall:
verify
e. CoOWNER: (1) nsult with t for review the Project, and of (3) work, to review
the OWNER's requirements
j available data.
b. Advise OWNER as to the necessity of OWNER's providing or obtaining
data or services from others, and assist the OWNER in connection
with any such services.
c. Provide analyses of OWNER's requirements for the project, as
verified in Section III, Paragraph A.l.a., including planning,
' surveys, site evaluations and comparatlvE studies of prospective
sites and solutions.
d. Prepare a flow chart showing key project milestones including
Phases I through III. The flow chart will be updated monthly and
sent to the OWNER. The ENGINEER understands that the OWNER
desires to have the ground storage reservoir, booster pump
station, and tie-ins to the City s distribution system in
operation by May 1, 1990, and the transmission line from the water
treatment plant to the booster pump station in operation by May 1,
1991. The OWNER acknowledges that the ENGINEER is only one of the
many parties involved In the project and that the ENGINEER cannot
assure completion of the project by a specific date.
e. Prepare a Preliminary Design Report (PDR) containing schematic
layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate the considerations involved and the alterna-
tive solutions available to OWNER and setting forth ENG,NEER's
findings and recommendations with opinions of probable construc-
tion costs for the Project, which includes estimates of
contingencies and allowances for charges of professionals and
consultants. Allowances for the cost of land and rights-of-way,
compensation for or damages to properties and interest and
financing charges will be provided by the Owner or others so
designated by the OWNER, all of which are hereafter called
"Project Costs%
areasmorandums (TM) or
The PDR shall
consist ngf the three
following Technical
Sub-Chapters addressi
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TM d1 - UPDATE WATER SYSTEM ANALYSIS
This task will consist of updating and revising the City's water
system master plan based on the Ray Roberts Water Treatment Plant
facilities and delivering water into the northeast portion of
Denton through a new booster pump station. The specific sub-tasks
will consist of the following:
1) Meet with the OWNER's staff to verify the accuracy and review
all changes to the water distribution system since the last
computer model was input on Freese and Nichols' system. OWNER
will provide the changes to the system for the ENGINEER to
input into the computer model. Review the current and
proposed operations of the system with the OWNER, (One trip
to Denton included)
2) Obtain from the OWNER's staff updates of the population
and/or land use projections and distribution through the year
2010. (NOTE: The population projections utilized to construct
the computer model input on the Freese and Nichols system are 1
only through the year 2040, one trip to Denton included).
3) Obtain from the OWNER's staff water use records since the ;
last water system analysis, including water production
records, point source industrial and commercial demands, tank
levels, pumping records, and system pressures. (One trip to
Denton included)
4) Estimste current and project future average-day, peak-day,
I{ maximum hour, and tank filling on peak-day demands throughout
the system through the year 2010.
' 5) Update the computer model of Denton's existing water system
and analyze the system based on current and maximum hour and
tank filling conditions. Analysis of the water distribution
system will be united to lines 12-inches in diameter and
larger. (NOTE: Extended period simulations are not
included),
6) Endeavor to verify the accuracy of the computer model by
comparing the results with records of actual pumping, tank
levels, and pressures. (One trip to Denton included)
7) Determine ground and elevated storage requirements and
pumping requirements to meet projected demands through the
year 2010.
8) Analyze the water distribution system based on projected year
2010 demands and recommend necessary improvements. Evaluate
the following methods of supplying the proposed upper
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pressure plane: (1) through the existing pump station at
McKenna Park; (2) through a separate upper pressure plane
booster pump station; and (3) thro.ah the Lake Ray Roberts
Booster Pump Station. (One trip to Denton included)
4) Establish priorities and develop opinion of probable cost for
recommended improvements.
10) Conduct Technical Review Board meeting on Technical
Memorandum No. 1. The Technical Review Board will consist of
three senior technical members of the ENGINEER's staff. They
will provide an independent review of the Analysis Phase.
11) Conduct a work shop with the OWNER on the findings an,,`
recommendations in Technical Memorandum No. 1. Review in
draft form with the OWNER's staff. (One trip to Denton
included)
12) Finalize Technical Memorandum No. 1 and present to the OWNER.
(One trip to Denton Included)
TM ii2 - PRELIMINARY PIPELINE ROUTING
This task will consist of evaluating potential pipeline routes
from the Lake Ray Roberts Water Treatment Plant to the booster
pump station and the recommendation of a preferred route. The
specific sub-tasks will consist of the following:
1) Using USGC and aerial maps, lay out a maximum of three
alternative pipeline routings. (One trip to Denton
included)
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2) Make a field evaluation of each of the alternatives,
including topographic features, highway And railroad
crossings, overhead power and other utility conflicts that
are apparent from visual obser;otion. Determine ma3,sr
property owners along each routing. (S days of field work
included)
3) Determine pipeline initial and ultimate capacity and
determine easement requirements. (Easement description not
included).
4) Develop hydraulic profiles for each routing and prepare
opinions of probable construction cost and life cycle
operations cost of each alternative. This will include
evaluating the possibility of serving potential new
development between the lake and the City from this line.
5) Recommend routing and develop V-500' plan and profile sheets
from USGC maps of route. (One trip to Denton included)
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6) mConduct eeting Terhnic l Review Boardummeeting concurrent with TRS
fonical Memor No. I).
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( 1) Conduct a workshop with the OWNER on the findings and
recomm
drafttformtwith theTOWNER'slstaff.an(OneNtrip.toRDen onin
included)
8) Finalize Technical Memorandum No. 2 and present to the OWNER.
(One trip to Denton Included)
TM !3 - PRELIMINARY LAYOUT BOOSTER PUMP STATION, GROUND STORAGE,
AND DISTRIBUTION SYSTEM IMPROVEMENTS
This task will consist of preliminary sizing and layout of the
booster pump station, a separate upper pressure plane pump station
(if required), ground storage facilities, and distribution system
Improvements necessary for the pump station(s) to tie into the
water distribution system. These facilities will be based on the
findings and recommendations presented in Technical Memorandum No.
1, Update of Water System Analysis. The specific sub-tasks will
consist of the following:
1) capacity (pumping~andestorage) of the booster pump station
and, if required, an upper pressure plane pump station.
Evaluate horizontal vs. vertical pumping units and steel vs.
concrete storage tanks (including below or partially below
the t site visits and
landscaping to be n utilized. (Two t days of architectural
included)
2) Evaluate alternative arrangements of components on the pump
and pumping and
station(s) r current Increments of
demands.
will be evaluated to meet
Develop a topographic contour map of the pump station site
and legal description of the property.
3) Develop preliminary piping and Instrumentation diagrams (PiD)
and electrical design concepts. Determine immediate, pro-
jected year 2010, and projected ultimate power requirements.
Review the operating philosophy with the OWNER 's staff and
establish the level of instrumentation and control required
j for the pump station(s). This sub-task will be done in
conjunction with the Water Treatment Plant Instrumentation
Concept Report (TM W. The PID will be in schematic form
nits,
and will depict maor controls, N o valves trips, to mDenton
instrumenta
Included)
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4) Develop architectural design concept for the pump station(s).
This will Include parking, landscaping, office space, shop
space, HYAC, and lighting requirements. (One trip to Denton
included)
j 5) Develop the routings of required distribution system lines to
tie the pump station(s) into the water system.
6) Develop opinions of probable construction cost and a project
schedule. This will include recommendations on possible
multiple construction contracts and,'or pre-selection of
equipment.
7) Conduct Technical Review Board meeting.
8) Conduct a workshop with OWNER's staff on the layouts and
recommendations of Technical Memorandum No. 3. Review in
draft form with the OWNER's staff. (One trip to Denton
included)
9) Finalize Technical Memorandum No. 3 and incorporate into the
Preliminary Design Report. Prepare 15 copies of the
Preliminary Design Report.
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' 10) Present the findings of the Preliminary Design Report to the
Public Utilities Board, the Planning and Zoning Commission
and the City Council. (Two trips to Denton included)
PHASE II - DETAILED DESIGN PHASE
The scope of work for this phase is a general outline of services to be
provided and is based on the understanding of the project at this time.
;r- Upon completion of Phase I, Analysis and Preliminary Design Phase, a
detailed scope of work for Phase It, Detailed Design Phase, will be
furnished to the OWNER.
After written authorization from the OWNER, the ENGINEER shall provide
professional services in this phase as follows:
(
1. Prepare detailed plans, specifications, contract documents,
designs, and layouts of improvements to be constructed.
2. Provide the OWNER with advice, when requested, with respect to the
making of all subsurface investigations, including borings, test
pits, soil resistivity surveys, and other subsurface explorations;
however, the making of such investigations and the interpretations
of data and reports by special consultants are not a part of the
services to be rendered by the ENGINEER, and the cost therefor
shall be paid by the OWNER.
The ENGINEER shall monitor and review the work of testing
laboratories and inspection bureaus required for the testing or
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Inspection of materials, witnessed tests, factory testing, etc.,
far the Project, but the cost of such laboratory tests or
inspection shall be paid by the OWNER.
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3. Furnish the OWNER, when requested, the engineering data necessary
for applications for routine permits required by local, state and
i federal authorities. Preparation of detailed applications and
supporting documents for government grants or for planning
advances will be provided as Additional Services.
i
4. Submit plans, specifications, and contract documents to the
applicable federal and state agency(s) for approval, where
t required.
5. Furnish such information necessary to utility companies whose
facilities may be affected or services may be required for the i
# Project.
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6. Prepare revised opinion of probable construction cost, and
bidder's proposal forms (project quantities) of the improvements
to be constructed.
7. Conduct Quality Control (QC) workshops utilizing the senior
i members of the ENGINEER's staff with experience acceptable to the
OWNER. QC workshops will be held at approximately 30%, 60% and
i 99% complete milestones of Phase 11, Detailed Design.
k
i 8. Furnish the OWNER three (3) sets of copies of plans, specifica-
tions, and bid proposals marked "Preliminary" for approval by the
OWNER. Upon final approval by the OWNER, the ENGINEER will provide
the OWNER ten (10) sets of copies of "Final" plans. As directed
I by the OWNER, additional sets of plans, specifications and bid
documents as are necessary in the receipt of bids for construction
and as ire required in the execution of the project, shall be
furnished by the ENGINEER and shall be paid for by the OWNER at
actual cost of reproduction.
PHASE III - CONSTRUCTION PHASE SERVICES
i
Upon completion of the design services and approval of "Final" plans and
specifications by the OWNER, the ENGINEER will proceed with the performance
of services in this phase as follows:
1. Assist the OWNER in securing bids, issuing notice to bidders and
notifying construction news publications. The notice to bidders
r- will be furnished to the OWNER for publication in the local news
media. The cost for publications shall be paid by the OWNER.
2. Assist the OWNER in the opening, tabulation, and analysis of the
bids received and furnish recommendations on the award of
contracts or the appropriate actions to be taken by the OWNER.
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3. Assist in the preparation of formal contract documents for
construction contracts.
4. Assist in conducting pre-construction conference(s) with the
Contractor(s), review construction schedules prepared by the
ContractorW, and prepare a proposed estimate of monthly cash
requirements of the project.
5. Make two visits each month to the site (as distinguished from the
! continuous services of a Resident Project Representative) to
observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with
the contract documents. In performing these services, the
ENGINEER will endeavor to protect the OWNER against defects and
deficiencies in the work of Contractors; the ENGINEER will report f
any observed defects or deficiencies immediately to the OWNER;
however, it is understood that the ENGINEER does not guarantee the
Contractor's performance nor is he responsible for supervision
of the Contractor's operation and employees. ENGINEER shall not be
responsible for the means, methods, techniques, sequences or
procedures of construction selected by Contractor or the safety
precautions and programs incident to the work of the Contractor.
ENGINEER shall not be responsible for the acts or omissions of any
person (except his own employees and agent) at the Project site or
otherwise performing any of the work of the Project.
6. Consult and advise with the OWNER during construction, make
recommendations to the OWNER regarding materials and work-
manship, and prepare change orders with OWNER's approval,
7. Review samples, catalog data, schedules, shop drawings, labora-
tory, shop and mill tests of material and equipment and other data
pursuant to the General Conditions of the Construction Contract.
8. Assist the OWNER in arranging for testing of materials and
laboratory control during construction to be conducted at the
OWNER's expense.
9. Interpret intent of the plans and specifications for the OWNER and
Contractor(s). Investigations, analyses, and studies requested by
the Contractor(s) and a~iproved by the OWNER, for substitutions of
equipment and/or materials or deviations from the plans and
specifications will be considered an additional service.
(NOTE: Such studies conducted by the ENGINEER, if determined to
be inadequate due to incompletness of ENGINEER prepared plans and
specifications will be redone without additional compensation.
Any defective designs, plans or specifications furnished by the
ENGINEER shall be promptly corrected by the ENGINEER at no cost to
the OWNER).
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10. Review and comment on monthly and final estimates for payment to
Contractor(s), pursuant to the General Conditions of the
Construction Contract.
11. Conduct, in company with the OWNER's representative, a final
inspection of the Project for conformance with the design concept
of the Project cnd general compliance with the contract docu-
ments, and review and comment on the certificate of completion and
the recommendation for final payment to the Contractor(s).
12. Revise the construction drawings in accordance with the infor-
mation furnished by construction Contractor(s) reflecting changes
in the Project made during construction. One set of reproducible
prints of "Record Drawings" shall be provided by the ENGINEER to
I the OWNER.
13. The ENGINEER will contact the OWNER's operating staff ten (10)
months after the date of final acceptance to determine warranty
items to be addressed by the Contracator.
SECTION IV
ADDITIONAL SERVICES
Additional services to be performed by the ENGINEER, if authorized by the
OWNER, which are not included in the above described basic services, are
described as follows:
A. Field Surveying required for the preparation of designs, drawings
and plans including topographic survey of the booster pump station
and storage tank site(s) and pipeline routings.
B. Field layouts or the furnishing of construction line and grade
surveys.
E
C. Investigations involving detailed consideration of operation, s
maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits
or inventories required for certification of force account con-
struction performed by the OWNER.
D. Necessary property, boundary and right-of-way surveys, preparation
of easement and deed descriptions, including title search and
examination of deed records. Providing a land agent or public
relations specialist to assist the OWNER in obtaining easements,
E. Preparing applications end supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
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F. Providing shop, mill, field or laboratory inspection of materials
and equipment.
G.
cPreparin onductinga peratorrtrainingtand preparing Environmental Impact
j Assessments or Statements.
N. Appearing before regulatory agencies or courts as an expert wit-
ness in any litigation with third parties or condemnation pp on of the including ithefpreparationeofpengineeringsdatatand reportspforeGt,
assistance to the OWNER.
I, Furnishing the services of a Resident Project Representative to
act as the OWNER's on-site representative during the construc-
I Lion phase, if requested by the OWNER. The Resident Project
Representatve shall be acceptable to 'the
directedWbyRtheTENGINEERein
` Project ct Rep Rep
order to provide more extensive representation at the Project site
during the Construction Phase. The duties and responsibilities and
the limitations on the authority of the Resident Project Repre-
sentative
identified, attachedito andsmadeoatpart of hthis Agreements
the ENGINEER does not guarantee
1 C.5
the set Contractor's forth in Section a n , is he s
oftheContractor~s operation andemployee. If ltheoENGINEERiison
requested to visit the site more frequently than two (2) visits
each month as set forth in Section III, Paragraph C.S. the
requested he ENGINEER shall shall l entitleditoradditional dcompensation. and
the
' Through more extensive on-site observations of the work in pro-
gress and field checks of materials and equipment by the Resident
to rojct rovidepfurthertprotectionsforaOWNERtagainst dEER efectslandndefi-
` to p
onsibleRfordconstruc
cepresentationewillknotumakeEENGINEER irespof such Proect
Rep
tion or for saf means, methods, rogramsuor,forgContractorlsofailure to performethe
precautions or p 9
thetheConENGINEERtract t
ipso
acts or omissions.
J. Assisting the OWNER in claims disputes with Contractors?.
K. Performing 1nvestigations and/or studies and
I` equipment t a an/
of n
specifications.
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L. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall be
furnished by ENGINEER en a fee basis negotiated by the respective
f parties outside of and in addition to this Agreement.
M. Preparing copies of Computer Aided Drafting (CAD) electronic data
bases, drawings, or files for the OWNER's use in a future CAD
system.
' N. Providing video camera with video tapes of the construction to be
used as a historical record and for operator training.
Z 0. Attendance at any additional meetings other than those
specifically noted in the Basic Services requested by the TDN,
regulatory agencies, or the OWNER.
P. Any additional services required by the OWNER not included in
Basic Services.
SECTION V
RESPONSIBILITIES Of OWNER
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER:
i A. Designate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have contract authority to transmit instruc-
d ons, receive information, interpret and define OWNER's policies
and decisions with respect to ENGINEER's services for the Project.
B. Provide all criteria and full information as to OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which E
OWNER will require to be included in the Drawings and Specifica-
tions.
C. Assist ENGINEER by placing at ENGINEER's disposal all available
information pertinent to the Project including previous reports
and any other data relative to design or construction of the
Project.
D. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Agreement.
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E. Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as GaNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
f as not to delay the services of ENGINEER.
F. Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and j
consents from others as may be necessary for completion of the
Project.
G. The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
I soil resistivity surveys, and other subsurface explorations.
OWNER shall also make or arrange to have made the interpretations !
of data and reports resulting from such investigations. All costs
associated with such investigations shall be paid by the OWNER.
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H. Provide such accounting, independent cost estimating and insur-
ance counselinS services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing
service as OWNER may require to ascertain hod or for what purpose
any Contractor has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnish-
ing and performing the work.
1. The OWNER shall determine, prior to receipt of construction bid,
if the ENGINEER is to furnish Resident Project Representative
service so the Bidders can be informed.
J. If OWNER designates a person to represent OWNER at the site who is
not the ENGINEER or ENGINEER's agent or employee, the duties, re-
sponsibilities and limitations of authority of such other person
and the affect thereof on the duties and responsibilities of Engi-
neer and the Resident Project Representative (and any assistants)
will be set forth in an exhibit that is to be identified, attached
to and made a part of this Agreement before such services begin.
K. Attend the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other job related meetings
and substantial completion inspections and final payment inspec-
tions,
L. Give prompt written notice to ENGINEER whenever O'dNER observes or
otherwise becomes aware of any development that affects the scope
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or timing of ENGINEER's services, or any defect or nonconformance
9 of the work of any Contractor.
3 M. furnish, or direct ENGINEER to provide, Additional Services as
j stipulated in Section IV of this Agreement or other services as
required.
N. Provide transportation such as airline fare, automobile rental or
subsistence required for OWNER's personnel to attend project
meetings or inspection trips.
0. Obtain the land required Por the pump station site(s) and all
easements for the pipelines.
I
P. Bear all costs incident to compliance with the requirements of
this Section V.
SECTION V1
E
COMPENSATION i
I A. COMPENSATION TERMS:
1. "Salary Cost" is defined as the cost of payroll for
ENGINEERS, draftsmen, stenographers, surveyors, clerks,
laborers, etc. for time directly chargeable to the Project,
plus Social Security contributions, unemployment compen-
sation, insurance retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and
holiday pay applicable thereto. (Salary cost is equal to
1.4136 times payroll.)
2. "Sub-Contract Expense" is defined as the expense that Is
Incurred by the ENGINEER in employment of others in outside
firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that
are not included in the Basic Services.
3. "Direct Non-Labor Expense" is defined as that expense for any
assignment incurred by the ENGINEER for supplies, transpor-
E tation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection
with that assignment.
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B. BASIC SERVICES:
For and in consideration of Phase I - Analysis and Preliminary
I Design Phase of the Basic Services to be rendered by the ENGINEER,
the OWNER agrees to pay based on the Schedule of Charges shown in
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Exhibit A, with total fee not to exceed one hundred twenty two
thousand two hundred dollars ($122,200). Partial payments to the
ENGINEER will be made on the basis of monthly statements rendered
S to and approved by the OWNER; however, under no circums+ances
i shall any monthly statement for services exceed the value of work
1 performed at the time a statement is rendered.
Prior to proceeding beyond Phase I - Analysis and Preliminary
j Design Phase, the ENGINEER shall submit a maximum fee for Phase 11
Detailed Design Phase and Phase III Construction Phase Services
for approval of the OWNER. The agreed maximum fee will be
attached to and made a part of this Agreement for Engineering
t Services.
It is specifically understood and agreed that the ENGINEER shall
not be authorized to undertake any work pursuant to this Agreement
E which would require additional payments by the OWNER for any
charge, expense or reimbursement above the maximum fee as stated
without having first obtained written authorization from the
I OWNER. In the event the OWNER does not elect to authorize the
ENGINEER to proceed to Phase 11, Detailed Design, or subsequently
to Phase 1111, Construction Phase, the provisions of Section MY
will be utilized to terminate the Contract.
C. ADDITIONAL SERVICES,
1. For Resident Representation and Inspection During Construc-
tion and Construction Layout
For the resident representation during construction and
construction layout (Section IV.B. and I.), the ENGINEER
f shall be paid based on the Schedule of Charges in Exhibit A. '
Payments for resident project representation and construction
` layout shall be due and payable upon submission of statements
by the ENGINEER. Statements shall not be submitted more
frequently than monthly.
2. For Other Additional Services
For additional services in Section IV except resident repre-
sentation, the ENGINEER shall be paid based on the Schedule
of Charges shown in Exhibit A. Payments for additional
services shall be due and payable upon submission by the
ENGINEER. Statements shall not be submitted more frequently
than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses within forty-five days after receipt of ENGINEER's
statement therefore, the amounts due ENGINEER will be increased at
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the rate of 13 per month from said forty -fifth day, and in
addition, ENGINEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until ENGINEER has
been paid in full all amounts due for services, expenses and
after upon
$ charges. Any by applicable
governmental taxes body Imposed
the execution ofpthiss,
and
contract will be added as necessary to the ENGINEER's compen-
sation.
and no
(NOTE: Final amount payment will p be c due i until may after require sixty sixty days days
have
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elapsed),
SECTION VII
' TIME OF COMPLETION
4 The ENGINEER will commence work on the Project Immediately upon executwiionth
j of this contract.
1 the following schedule:
Submit Within Designated Calendar Days
Item Fol1owlaDate of This Agreement_
~
Technical Memorandum Al 70
Technical Memorandum 02, 03 120
Preliminary Design Report 150
SECTION VIII
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OPINION OF PR08ABLE CONSTRUCTION COST s
The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost Qrepared by ENGINEER
hereunder will be made on the basis of ENGINEER s experience and
qualifications and represent ENGINEER'S best judgement as an experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors
methods of determining their prices, and that any utilitarian evaluation of
any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
design. Accordingly, ENGINEER does not guarantee that proposals, bids or
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actual costs will not vary from opinions, evaluations or studies submitted
by ENGINEER to OWNER hereunder.
} SECTION IX
REVISION TO PLANS AND SPECIFICATIONS
The OWNER reserves the right to direct substantial revision of the Plans
and Specifications after approval by the OWNER as OWNER may deem necessary,
but in such event the OWNER shall pay to the ENGINEER just and equitable
compensation for services rendered in making such revisions. `
SECTION X If
OBSERVATION AND REVIEW OF THE WORK
The ENGINEER will endeavor to protect the OWNER against defects and de-
ficiencles in the work of Contractors, by observation of the work as it
progresses, by interpretation of the plans, specifications and other
contract documents to and with the Contractors, by the disapproval of
defective work as may be observed and the issuance of stop-orders from the
OWNER with respect to defective material and workmanship where they are
observed, and the ENGINEER will exercise due diligence to assist the OWNER
in requiring that the work be done in accordance with plans and specifi-
cations; but the Contractor will remain an independent contractor with
the OWNER, and the ENGINEER does not guarantee the performance of such
construction contracts. As set forth in Section III, C.5 and Section IV.1,
ENGINEER shall not be responsible for the means, methods, techniques,
sequences, or procedures of construction selected by the Contractor, or the
safety precautions and programs incident to the work of the Contractor.
Also the ENGINEER shall not be responsible for the acts or omissions of any
person except his own employees and a ents at the project site or otherwise
performing any of the work at the pro~ect.
SECTION XI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
copies ownership
may ENGINEER make and aretain retain
informationoand treference, how-
sevice in. OWNER and
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others. Any reuse by OWNER without written verificatior
or adaptation by ENGINEER will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER's independent
associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent associates and consultants from all
claims, damages, losses and expenses including attorneys' fees arising out
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of or resulting therefrom. Any such verificatio adaptation wil lby
entitle ENGINEER to further compensation at rates to be agreed upon
OWNER and ENGINEER.
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SECTION XII
1 INDEMNITY
ENGINEER shall indemnify and save harmless the OWNER and its officers,
agents, and employees from the liability of the OWNER onoaccount oforny
injuries or damages received or sustained by any person property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
performance of this Agreement. in the execution,
ENGINEER or
operation, or its
In the nbyotheinegligence actions or or
occasioned
agents or employees, In the performance of this Agreement, each party
shall contribute toward the satisfaction of the liability its propor-
tionate share, which share shall be equal to the percentage of negligence
attributable to the party.
SECTION XIII
ARBITRATION
j
{ No arbitration arising out of, or relating to, this Agreement involving
one party to thisement may include the other party to this Agreement
without their approval.
SECTION XIY
TERMINATION OF CONTRACT
The ther part to provide rvices under
thirty days' AcgreIement
the event ofesubstan-
tial ifailure by up the other party to perform in accordance with the terms
thereof through no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services properly rendered and
reimbursable expenses incurred to the date of termination and, in
addition, all reimbursable expenses directly attributable to termination.
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SECTION XY
SUCCESSORS AND ASSIGNMENTS
{ OWNER and ENGINEER each are hereby bound and the partners, successors,
{ executors, administrators and legal representatives of OWNER and ENGINEER
are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINEER ehall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
s tecome due or moneys that are due) this Agreement without the written
consent of the other, except to the extent that any assignment, subletting
transfer samandated by law or the w. Unless specifically f stated to h the l contrary Inaanye
restricted by l
written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this Agreement. Nothing
I contained in this paragraph shall prevent ENGINEER from employing such
independent associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder.
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undfitaofnOpursuant to this Agreementf will be
for the sole and exclusive bene
benefit of any other party.
i,
This Agreement (consisting of pages 1 to 21 inclusive) constitutes the
entire Agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
supplemented, modified or cancelled by a duly executed written instrument.
SECTION XY1
The following exhibits are attached to and made a part of this Agreement:
EXHIBIT A - Schedule of Charges
EXHIBIT B - Duties, Responsibilities and Limitations of Authority of
Resident Project Representative
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This contract is executed in two counterparts.
ATTEST: CITY OF DENTON, TEXAS
Owner
pprove As jo Legal Wm
9y: Bv'
Debra rayov ay ~p lens
c
City Attorney Mayor
FREESE 4ND NICHOLS, INC.
ATTEST: Engincer
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o gerWWW
k V,(ce President Executive Vice President
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it EXHIBIT A
4 SCHEDULE OF CHARGES
Salary Cost Times Multiplier of 2.3
Staff Membersesentation Salary Cost Times Multiplier of 2.0
es en ep
Salary Cost is defined as cthe lerks,tlaborers~letcf,eforntime~directlyen~
I stenographers, security contributions, unemployment
I chargeable to the project, Plus social
compensation insurance retirement lave ,tvacationaandnholidayaPay
benefits, longevity p Y equal to 1.4136 times payroll. This
applicable thereto. )Salary Cost is factor is adjusted annually.)
Other Direct Ex-enses
Sub-Consultant Charges: Actual Cost Times Multiplier of 1.15
Actual Cost Times Multiplier of 1.00
All Other Direct Expenses:
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistencetaway frork, elated the Fort worth and other miscellaneous expenses enses directly i
i includ'ng Costs Of analysis, tand hanostaffwmembersuired to
be done by independent
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Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
} A. Cheri
Rtsid:nt Project Representative is ENGINEF.R's Agtni, will act as directed by and under the supervision or ENGI-
NEER. and wilt confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters
` pertaining to the on-site Work that] in general be only with ENGINEER and CONTRACTOR, and dealings with
subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with
OWNER will be only through or as directed by ENGINEER.
0. Duties And Responsibilities.
t
Resident Project Representative will:
f. Scheduler: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared
by CONTRACTOR and consult with ENGINEER concerning their acceptability.
2. Cnnferrnres Attend preconsiruction eonrerences. Arrange a schedule of progress meetings and other job eonrerences
as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and
mtirttain and circulate copies of minults thereof.
J. Vaifon
a. Serve as ENGINEER's liaison with CONTRACTOR, working pnocipally through CONTRACTOR's superinten•
dent and assist him in understanding the intent of the Contract Documents. Assist ENGINE E,R in servirigas OWNS R's
liaison with CONTRACTOR when CONTRACTOR's operations al OWN ER's on-site operations.
b. At requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required
at the job site for proper it, 4ution or the work
4. Shop DrawinRr end Samples
a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the silt
by CONTRACTOR, and ratify ENGINEER of their availability for examination.
b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work
requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER.
S. Rode.' of Wort. Rejet on of Wet lire Word, frnf49 rie+nr rend fri4:
a. Conduct on-site ubse rvat ions of the Wcek i n prng re s s to assist E NG I N E E R in deiermin ing if the Work is proceeding
in accordance with the Contract Documents and that completed Work will coerorm to the Contract Documents.
b. Report to ENGINEER whenever he believes that any Work is unsatisfaciory, faulty or defec!ive or does xd
Conform to the Contract Documents, or does not meet the requirements of any inlpeclions, testa or approval required
to be made or has been damaged prior in final payment: and advise ENGI N EER when he believes Work should he
corrected or rejected or should be uncovered for observation, or requires special lesling, inspection or Approval.
C. Verify that ttvii, equipment and systems startups and operating and maintenance instructions are conducted a.
i required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains
adequ.vtc records thereof: ohserve. record and repon it, ENGINEER appropriate de 'ails relalive to the test procedures
and sLtne'-ps,
{ d Accompany viutung in.pectots representing publec or other agencies having jur;sdietion over the Project, reeot,l
the ou!cnmt of these inspections and rervat In INGINEER
Tj 1474 h, N.e:,a,l Gnx•ry ul Mire%,xeod I ntmecrs. ;nW K St . N W , Wasbmpoe, D C :nnfla
NSIIE-A(IAI ASCh NNxata-n Na Iv IAI A
111 1474 hJrtxn
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t. r, lnrn nr, lu, n.ma to T"11N1H4('It N1)INI.I.Hl rl.lnucern,n. >,nS lnlerp,rt.n,+n.
I A InINPn7r,h,rn rd 1'u rti rrn r 1
. s,r rnn+e 1rn n,,+.4Lc;.l l,ms m Ilrawm~s or SpcafKa+~ana
7, A{, Ah)iugrnna Cons Abl:md r s:+lu.ae l'II V T HAI~IUHM'aa
I And Icp^rt Them "In re:umnlenh„bons to I'.NtiINIl H
s
A, IfremJe
I orders, addi•
a. maintain at the>nb site orderly files for correspondence, repnas of Job cunfcrrnccs, Shop Drawings ands .add,
submissions, firPtoduetions of original Controcl Documents induJ;ng all adJcnJa EERr -Hoge orders, field
tional Drawings issocd suMeq,+ent to the esecuti.m of the Contract. ENGIN'S clanhcations and iratepreutions
of the Contract Dneumcnts, progress tepnns, And ahcI 1I,a+)ect rdeteJ documents.
b. Keep a dlAry ter fog Mole, recorJ;ng hoots on be lob site. weather eundrtions, data rdaute to questions of estus
faNicajorl. l
daily dt kKIO icMN.t list Ofia+m'nh.crvatinns n pcncrofaand stKcn uh\csvatia+mtin mote Jctull us in the case oftohxrt,ng
of
Sent cap ss to LNGSNIiCN
i test procedures. O
C, r?eeord names, addresses And sckphone numhert of all CNTNACTURS, svhcuntnnors cod major suppliers of
rrattn.s and equipment.
q Rep,rrc
a. FumisAENGINEERperindcrcMitsIsrcquircdofprogrtisofeheWork anSCONTRACTOA'scompliance with the
pproved progress schedule anJ schedule of Shop Drawing tuhmissions. pant phases of the
a
Consult un of important
a with ENGINEER a in cheance or scheduled major tests, inspections 01 s
work. adv
e, Report immed;ately la ENGINEER upon the occurrcoce o any actydent.
j f
. Pay mrn! Rrgldtirinel: Review appliut;ons trip payment with CONTRACTOR for NEER. notwith she established complial,ce procedure f lof rxtucsn Work completed and materials
and equipment dali tEr the site but not y incor
fd }
relation , the schedule
i ported in the Work.
licable to
1Jr Crnl~Sraua,AfainreeanrrundOperaliartAfnn,rnlsrDuring the coune of the Work. sCONTatcerORafs,maintenance d and and the itemsation antra steed, theater this matenxS ITSF.NCINh'.Fit
for his rev -wand fnArwaCrdtOg toOWNER pr or Actually to Anal acceprance of the Work.
12 CompWian: V
a. Before ENGINEER issues a Ctnlficate Of $11MIAMINI Completion, suhmir to CONTRACTOR a list of obsersed
items requiring eomPktion of cnrredan.
b. Conduct final inspection in the comPAny of F'.NGIN1.I R. f)WNER and CONTRACTOR and prepare a Anal list R
ittms to be eompteted or eutrccteJ,
C, Verify NGINEER
that all Hems on Anal list have teen completed m eolrcctcd and nuke recommendations to E
concerning acct plane e r
C. LImHHbnsofAuthority ,
y Except upon written instrucuuns of I'NGIN1:IfR. Resident 1s 1'r Re (O%ccanylsubsutute materials or equipmtnt,
1. SMI1 not authorize any devotion from the l'nnnact FkKUmeolms rr app
set t
Shull not exceed limitations on ENGINEER'S at,hoti+y as una in the Contract Documents
" rlntendem.
I Shall^otundertakeanyoftAcrsspnmththlrcsnfC^yTRACTUKSu1to^IracturrolCUN7RAC70R'ssupe
r or expedite the Workr
f. Shall rid advise tin or istus' directions lelarite lo'any aspect of the means, methods. techniques, sequence, rip
procedures of construction unless u,ch Is %Pcc,fi<:dll canal for in the C'ontratl Dt Ancawn l 1111 be
7 Shall not advise on or ita,t J,pcSlesns as to s:+fcer pu•i Aut,ons and P1aFrams ,n camnccti„ w H'nrk.
d. Shall nw awhov,rc OWNI It 1,1 aaaupy IlK' 14rgh1 In wardC 1,1 In p,li1
f{{I 7 Shall Mq polla lprde rn •Pa'.,.JVtd 1ie61 m (dt,wusl rest, _
MrP,aM lq.r bnil,
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DATE: Fehruary 161 1988
CITY COUNCIL REPORT
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
E SUBJECT: RFPC 104 - ARCHITECTURAL SERVICES FOR ANIMAL CONTROL
CENTER EXPANSION
RECOMMENDATION: We recommend this project be awarded to The Architectural
i Collective, Inc. of Denton. Their proposal fee price is $10,400.00.
SUMMARY: Proposals for this project were received from five qualified
architectural firms. Each proposal include.; services from design stage through
r completi, ' of construction for the expansion project. Proposals were evaluated on cost,
exper:er,r_^, responsiveness, capabilities and past performance.
} The choice of Architectural Collective, Inc. was an unanimous the en
and i.
ire r choiceserv.
esgwillebeilimitedl oeporrtions oftthe Center actually fundedonstanrucdtconstrlon
i
PROGRAMS DEl;ARTI1EfIT5 OR GP )UPS AFFECTED:
Animal Control
FISCAL i11P11C 1987 C.I.P. Bond Funds
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Respectfully submitted:
L oyd a rel
} City anager
F a
Prep, ed by,
cm D. aw,aw, C"- .P.~v1r
Name.
Title: Assistant Purchasing Agent
I,
I! Approved:'
deli o n 3" a It C.P-61'
Tj j~Ol Purchasing Agent ,
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 1GREEMENT WITH
THE ARCHITECTURAL COLLECTIVE INC. FOR PROFESSIONAL ARCHITECTURAL
SERVICES RELATING TO THE EXPANSION OF THE ANIMAL CONTROL CENTER;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement .a ween the City of Denton and The Architectural
Collectiva Inc. for professional architectural services relating [
to the design and construction of the expansion to the Animal
Control Center, under the terms and conditions contai,ied in said
agreement, which is attached hereto and made a part hereof.
SECTION II. That the City council hereby authorizes the
expen ture o unds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1988.
RAY s HAYOK
ATTEST:
{
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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THE STATE OF TEXAS § AGREEMENT BETWEEN THE
CITY OF DENTON AND THE
COUNTY OF DENTON § ARCHITECTURAL COLLECTIVE INC.
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This Agreement made as of the day of _ 19E8
between the City of Denton, Texas; Hereinafter ! referred to as
"Owner" and The Architectural Collective Inc. hereinafter referred
to as "Architect" for the following Project: Design of the expan-
sion of the Denton Animal Control Center. The Owner and Architect
i agree as set forth below.
4 I ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement
and any other services included in Article 12,
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with the highest degree of profes-
sional skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the Owner's
approval a schedule for the performance of the Architect's nor-
vices which may be adjusted as the Project proceeds, and shall
include allowances for periods of time required for the Owner's
review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this
schedule and approved by the Owner shell not, except for
reasonable cause, be exceeded by the Architect or Owner, and any
adjustments to this schedule shall be mutually acceptable.
1.1.3 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2,2 through 2.6 and any other services
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identified in Article 12 as part of Basic Services, and include
without limitation normal structural, mechanical and electrical
engineering services and any other engineering services necessary
to produce a complete and accurate set of Construction Documents,
as described by and required in Paragraph 2.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect in consultation with the Owner shall
develop a written program for the Project to ascertain Owner's
needs and to establish the requirements for the Project.
2.2.2 The Architect shall provide a preliminary evaluation
of the Owner's program, construction schedule and construction
budget requirements, each in terms of the other, subject to the
limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner
alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construction budget requirements, the architect shall prepare,
for approval by the Owner, Schematic Design Documents consisting
of drawings and other documents illustrating the scale and
relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes,
ordinances, codes and regulations.
2.2.5 The Architect shall submit to the Owner a preliminary
detailed estimate of Construction Coot based on current area,
volume or other unit costs and width indicates the cost of each
category of work involved in constructing the Project and
establish an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and
any adjustments authorized by the Owner in the program, schedule
or construction budget, the Architect shall prepare for approval
by the Owner, Design Develorment Documents consisting of drawings
and other documents to fix and describe the size and character of
the Project as to architectural, s~ructvral mechanical and
` electrical systems, materials and such othor elements as may be
appropriate, which shall comply with all applicable laws
,
statutes, ordinances, codes and regulations.
2.3.2 The Architect shall advise the Owner of any adjust-
ments to the preliminary estimate of Construction Cost in a
further Detailed Statement as described in Paragraph 2.25.
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s 2.4 CONSTRUCTION DOCUMENTS PHASE Development Documents
2.4.1 Based on the approved design or quality of the Pro-
fur ther adjustments in the scope r q the owners the
ized by
and any
ject or the construction budget aut or construction
shall prepare, for approval by the owner,
of Drawings and Specifications jetting Architect wforth
hich
{ Documents consisting ordinances,
in detail requirements for the construction of the Pro ,
shall comply with all applicable laws, statutes,
codes and regulations. in the ►e a-
2.4.2 The Architect shall assist the Owner
bidding forms, the
bidding information, nt between the
ration of the necessary an
tsof the rntract,
Owner and Contractor- d the form of Agreeme
adjust-
Construction oany Coat
2.4.3 The Architect ct o s nahallry estimates the of owner
~
ments to previous P uirements or general market conditiona.
indicated by changes in req
2.4.4 The Architect shall assist the Owner in connection
with the Owner's resTnnmental ibil~.`.y for filing documents required for
authorities having jurisdiction over
the approval of governmental
the project-
2,5 BIDDING OR NEGOTIATION PHASE royal of the
of
2,5,1 The Architect, following the Owner's aPP
reliminary nestimate
or
Construction Documents and of the latex p
sist the owner in obtai
and preparing
Construction Cost, shall as awarding
negotiated proposals and assist in
contracts for construction.
2.6 CONSTRUCTION PHASE ADMINISTRATION OF' THE CONSTRUCTION
j CONTRACT
vde Basic
,6,1 The Architect's responsibility to proi
2vices for the Construction Phase under this Agreement commences
t for nces
Certificate
nceato the owner roft the finalterminat
with the award of the Conti
the earlier extended under the terms of subparagraph
for Payment, unless
10.3.3.
2,6,2 The Architect shall provide detailed administration
the
of the Contract for Conatr0ui tion as set forth belowmend' in ualesa
the t~0
edition of AlA document A2 , General Conditions of t
for aAares of of this Agree
otherwise p A responsibilities and
2.6.3 Construction Phase duties,
limitations of authority of the Architect shall not be restricted,
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modified or extended without written agreement of the Owner and
Architect.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (1) during construction, and
(2) as an Additional Service at the Owner's direction from time
to time during the correction period described in the contract
for Construction. The Architect shall have authority to act on
behalf of th9 Owner onl,' 1 to the extent provided in this Agreement
unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise agreed
by the Owner and Architect in writing to become familiar with the
progress and quality of the Work completed and to determine if
the Work is being performed in a manner indicating that the Work
when completed will 1,) in accordance with the Contract Documents.
On the basis of on-site observations as an architect, the Archi-
tect shall keep the Owner informed of the progress and quality of
the Work, and shall exercise the utmeat care and diligence in
F discovering and promptly reporting to the Owner any defects or
defi,:iencies in the work of Contractor or any subcontractors.
The Architect represents that he will follow the highent profes-
sional standards in performing all services under this Agreement.
Any defective designs or specifications furnished by the Architect
will be promptly corrected by the Architect at no coat to the
Owner. The Owner's approval, acceptance, use of or payment for
all or any part of the Architect's services hereunder or of the
Project itself shall in no way alter the Architect's obligations
or the Owner's rights hereunder.
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or fog safety precautions and
programs in connection with the Work. The Architect shall not be
responsible for the Contractor's schedules or failure to carry out
the Work in accordance with the Contract Documents except insofar
as such failure may result from Architect's acts or omissions.
The Architect shall not have control o!.er or charge of acts or
' omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the
Work.
2.6.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
` 2.6.8 Except as may otherwise be provided in the Contract
` Documents or when direct communications have baen specially
authorized, the Owner and Contractor shall communicate through
the Architect. Communications by and with the Architect a
consultants shall be through the Architect.
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2.6.9 Based on the Architect's observations at the site of
the work and evaluations of the Contractor's Applications fo:
i Payment, the Architect shall review and certify the amounts due
the Contractor.
i j 2.6.10 The Architect's certification for payment shall
I constitute a representation to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 2.6.5 and on
the data comprising the Contractor's Application for Payment,
that the Work has progressed to the point indicated and that the
II quality of the Work is in accordance with the Contract Documents.
i The forego4ng representations are subject to minor deviations
1 from the :ontract Documents correctable prior to completion and
I issuance specific a Certificate qualifications the Architect. The
representation that the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Architect has (1)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction means,
methods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and material
suppliers and other data requested by the Owzier to substantiate
the Contractor's right to payment or (4) ascertained how or for
what purpose the Contractor has used money previously paid on
account of the Contract Sum.
2.6.11 The Architect shall have the responsibility and
authority to reject Work which does not conform to the Contract
Documents. Whenever the Architect considers it necessary or
advisable for implementation of the intent of the Contract Docu-
ments, the Architect will have authority to require additional
inspection or testing of the Work in accordance with the pro-
visions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this auth-
ority of the Architect nor a decision made in good faith either
to exercises or not exercise such authority shall give rise to a
duty or responsibility of the Architect to the Contractor,
persons and equipment suliers, their
Subcontractors,
performing potions of the Woragents or
other materia
employees or
2.6.12 The Architect shall review and approve or take
other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Sazples for the purpose of (i)
compliance with applicable laws, statutes, ordinances and codes;
and (ii) determining whether or not the Work, when completed,
will be in compliance with the requirements of the Contract
r Documents. The Architect's action shall be taken with such
reasonable promptness to cause no delay in the Work or in the
construction of the Owner or of separate contractors, while
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allowing sufficient time in the Architect's professional judgment
s to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities
or for substantiatic,g instructions for installation or perform-
ance of equipment or systems designed by the Contractor, all of
which remain the responsibility of the Contactor to tt.e extent
required by the Contract Documents. The Architect's review shall
i not constitute approval of safety precautions or, unless otherwise
} specifically stated by the Architect, of construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembl of certificationwhioft tperformance characteristics~eof professional
` systems or equipment is required by the Contract Documents, the
Architect shall be entitled to rely upon such certification to
~i establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents.
2.6.13 The Archit•3ct shall prepare Change Orders and
Construction Change Directives, with supporting documentation and
data if deemed necessary by the Architect as provided in Subpara-
graphs 3.1.1 and 3.3.3, for the Owner's approval and execution in
accordance with the Contract Documents, and may authorize minor
changes in the Work not involving an adjustment in the Contract
are not incon-
Sum or an with extension
the s intent of the Contract Documents.
sistent
On behalf of the Owner the Architect shall conduct
inspections to determine the dates >f Substantial Completion and
Final Completion, and shall issue C-irtrficates of 3ubatantiril and
Final Completion. The Architect will receive and review written
guarantees and related documents required by the contact Documents
and assembled by the Contractor and shall issue a final certifi-
i cate for Payment.
2.6.15 The Architect shall interpret and provide recom-
mendations on matters concerning performance of the owner and
Contractor under the requirements of the Contract Documents on
written request of either the Owner or Contract. The Architect's
and within any requests limits shall agreed a upon. reasonable promot-
response
nea
e 2.6.16 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial decisions,
the Architect shall endeavor to secure faithful performance by
` both Owner and Contractor, shall not show partiality to either,
and shall not be liable for results for interpretations or
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decisions so rendered in good faith in accordance with all the
requirements of the Owner Architect Agreement and in the absence
of negligence.
2.6.17 The Architect shall render written decisions within
e reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the Contract
Documents. S
2.6.18 The Architect (i) shall render services under the
Agreement in accordance with the highest professional standards
prevailing in the metroplex area; (ii) will reimburse the Owner
for all damages caused by the defective designs the Architect
prepares; and (iii) by acknowledging payment by the Owner of any
fees due, shall not be released from any rights the Owner may
have under the Agreement or diminish any of the Architects
obligations thereunder.
2.6.19 The Architect shall provide the Owner with one set
of reproducible prints showing all significant changes to the
Construction Documents during the Construction Phase and shall
also prcvide the Owner with one set of reproducible as-built
Drawings for the Owner's file.
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ARTICLE 3
ADDITIONAL SERVICES
III! 3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 2, and
they shall be paid for by the Owner as provided in this Agreement,
in addition to the compensation for Basic Services. The services
described under Oaragraphs 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph 3.3
are required due to circumstances beyond the Architect's control,
the Archite:L shall notify the Owner prior to commencing such
services. Ii the Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give prompt
written notice to the Architect. If the Owner indicates in
wiling that all or part of such Contingent Additional Services
are not required, the Architect shall have no obligation to pro-
vide those services. Owner will be responsible for compensating
the Architect for Contingent Additional Services only if they are
not required due to the negligence or fault of Architect.
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3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
S
° 3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representativna to assist in carrying
out such additional on-site responsibilit?as.
1
{ 3.2.2 Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect. The
duties, respons!bilities and limitations of authority of Proj^ct
Document t B352 scurshall be rent as ofs then date described this eAg eeditin ement, ounless
otherwise agreed.
3.2.3 Through the observations by such Project Representa-
tives, the Architect shall endeavor to provide further protection
y j for the Owner against defects and deficiencies in the Work, but
the furnishing of such project representation shall not modify
the rights, responsibilities or obligations of the Architect as
described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Matting material revisions in Drawings, Specifications
or other documents when such revisionq are:
1. inconsistent with approvals or instructions
previously given by the Owner, including
revisions made necessary by adjustments in the
Owner's program or Project budget;
2. required by the enactment or revision of
codes, laws or regulations subsequent to the
preparation of such documents, or
3. due to changes required as a result of the
Owner's failure to render decision in a timely
manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity the Owner's schedule, or the method of
bidding or negotiating and contracting for construction, except
ar services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
and providing Construction services
documentation an supportin data, Orders and
in connection with Chang Change
Directives.
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3.3.4 Providing consultation cc.u erning replacement of
Work damaged by fire or other cause during construction, and
furnishing services required in connection with the replacement
of such Work.
3.3.5 Providing services made necessary by the default of
' the Contractor, by major defects or deficiencies in the Work of
the Contractor.
3.3.6 Providing services in evaluating an extensive number
of claims submitted by the Contractor or others in connection
with the Work.
3.3.7 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding except where
the Architect is party thereto. !
3.3.8 Preparing documents for alternate, separate or
sequential bids or providing services in connection with bidding,
negotiation or construction prior to the completion of the
Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special
studies.
3.4.2 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and
submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3.4.4 Providing services relative to future facilities,
systems and equipment.
3.4.5 Providing services to investigate existing conditions a
or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings
or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and coordination
of services required in connection with construction performed
and equipment supplied by the Owner.
3.4.8 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
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3.4.9 Providing detailed quantity surveys or inventories
of material, equipment and labor.
3.4.10 Providing analyses of owning and operating costs.
3.4.11 Providing interior design and other similar eervicee
required for or in connection wJ:h the selection, prucurement or
',nstallation of furniture, furnishings and related equipment.
3.4.12 Providing services for planning tenant or rental
spaces.
3.4.13 Making investigations, inventories of materials or
equippment, or valuations and detailed a-oraisals of existing
facilities.
3.4.14 Providing assistance in the utilization of equipment
or systems such as testing, adjusting and balancing, prepneation
operationtand maintenance and consul )1tationtduringgoperat(-.. for
ti
3.4.15 Providing services after issuance to tr-, Guro:: of
the final CerCificate for Payment, or in the absenc, o) a final
Certificate for Payment, more rthan 60 days after ;he d.!c of
Substantial Completion the Work.
3.4.16 Providing services of consultants for other than
archttectural, structural, Project providd mechanical
as c a part of Basic ServicesPering
portions of
3.4.17 Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance with
generally accepted architectural pract.ce.
3.4.18 Preparing a set of reproducible record drawings
showing signcant changes in the Work made during construction
based on marked-up prints, drawings and other data furnished by
the Contractor to the Architect. (This is for drawings prepared
in addition to those callnd for in Section 2.6.19.)
ARTICLE 4
` OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Architect regarding
00
re uirements for the Project, including (i) the wnels
ob~ectives, (ii) schedule and design constraints a criteria,
including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements,
I as more specifically described in Paragraph 2.2.1.
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4.2 The Owner shall establish and update an overall budget
for the Project, including the Construction Cost, the Owner's
other costs and reasonable contingencies related to all of these
costs.
4.3 If requested by the Architect, the owner shall furnish
i evidence that financial arrangements have been made to fulfill
the Owner's obligations under this Agreement.
t 4.4 The Owner shall designate a representative authorized
to act on the Owner's behalf with respect to the Project. The f
Owner or such authorized representative shall render decisions in
a timely manner pertaining to documents submitted by the Architect
in order to avoid unreasonable delay in the orderly and sequential
progreas of the Architect's services.
4.5 The Owner shall furnish surv%.Is describing physical
characteristics, legal limitations and utility locations for the
i, site of the Project, and a written legal description of the
site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; adjacent drainage; rights-
of-way, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings,
other improveients and trees; and information concerning
available utilty services and lines, both public and private,
above and below grade, including inverts and depths. All the
information on the survey shall be referenced to a project
benchmark.
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4.6 Tae Owner shall furnish the services of geotechnical
engineers when such services are requested by the Architect.
Such services may include but are not limited to test borings,
t3st pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion rnd
' resistivity tests, including necessary operations for antietpating
sub-soil conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other
' consultants when such services are reasonably required by the
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scope of the Projiect and are requested by the Architect and are
r not retained by the Architect as part of his Basic Services.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution testa, teats of hazardous
materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
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4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any time for
the Project, including auditing services cefor r s tFeyaentromator ascertain
verify the Contractors Applications
i how or for what purposes the Contractor has used the money paid
a by or on behalf of the Owner.
i 4.9 The services, information, surveys and reports required
entitledh to at the Owner's
ethe
by Paragraphs 4.5 tArchitect hrough .shallll be fur
~EE accuracy and completeness thereof in the absence of any negli-
accuracy and the
gence on the part of the Architect, the Owner to
4,10 Prompt written notice shall be given by f the inethecProjectior noncOwneronformabecnceomwes aware of any
the Contract Documents.
4.11 The proposed language
Architect's oconsultants
Architect f certific
cations requested of the
shall be submitted to thei r hitect for
execution. The aOwnerPshalllnot
least fourteen (14) days pr ficatio requestthe rscape of thistAgreement, require knowledge or services
ARTICLE 5
i
CONSTRUCTION COST
5.1 DEFINITION 5,1,1 The c
Owner Cost f allshall eleme ntsoe Project
oat Construction
estimated
designed or specified by the Architect.
5.1.2 The Construction Cost shall include the coat the
mates f,
ni orespeeially
current market rates of glaned bor saecified, iaelerted
I for
owner and equipment
, plus a reasonable aglorweaansonable
the Architect
by
provided for by
the Contractor a overhead and profit. In addition,
allowance for contingencies shall be included for market
conditions at the construction. of bidding and for changes in the Work
during ion
5.1.uando Architect's s conot nsults ntsde thee costse of tthe
land the Architect y financing or other costs which are the
responsibility rsibbililit ity rights- of wa , the Owner as provided in Article 4.
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5.2 RESPONSIBILITY FOR CONSTRUCTION
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5,2,1 Evaluations of the Owner's Project budget, pre-
liminary estimates of Construction Cost and detailed estimates of
Construction Cost, if any, prepared by the Architect, represent
'i the Architect's best judgment as a design professional familiar
i with the construction industry. It is recognized, however, that
reither the Architect nor the Owner has control over the cost of
labor, materials or equipment, over ':he Contractor's methods of
determining bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect cannot and
! does not warrant or represent that bids or negotiated prices will
j not vary from the Owner's Project budget or from any estimate of
Construction Cost or evaluation prepared or agreed to by the
Architect.
5,2.2 No fixed limit of Con truction Cost shall be
established as a condition of this Aireement by the furnishing,
proposal or establishment of a Project budget, unless such fixed
parties
limits has been agreed upon in writing and signed h the part
thereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design
and price escalation, to determine what materials, CgouiP"
of construction
bidding are b went, component systems and types
included in the Contract Documents, to make reasonable adjust-
ments in the scope of the Project and to include in the Contract
Documents alternate bide to adjust thehConstruction
increased in the
fixed limit. Fixed limits, i any,
amount fincrease for Cthe Contrac onstructiont Sum occurring after
execution of the Cont
5.2.3 If the Bidding or Negotiation Phase has not commenced
within ninety (90) days after the Architect submits the Construc-
tion Documents to the Owner, an Project budget or fixed limit of
Construction Coat shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
date of submission of the Construction Documents to the Owner and
the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
the Owner exceeded shall: the lowest bona
fide provided bid or negotiated Subpararaph 5.2.3) is
1. give written approval of an increase in such
fixed limit,
2. authorize rebidding or renegotiating of the
Project within a reasonable time;
3. if the with t Paragraph 8 3eor is abandond, terminate in
accordance
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4, cooperate in revising the Project scope and
quality as required to reduce the Construction
Cost,
5.2.5 If the owner chooses to proceed under Clause 5.2,4.4.
the Architect, without additional charge, shall modify the Con-
tract Documents as ncuessary to comply with the fixed limit, if
established as a conaition of this Agreement. The modification
y of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit.
j The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the
j Construction Phase is commenced.
f ARTICLE 6
1 USE OF ARCHITECT'S DR.'#INGS,
SPECIFICATIONS AND OTHIM DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Architect shall be deemed the
author of these documents and shall retain all common law, statu-
tory and other reserved rights, including the copyright. The
Owner shall be permitted to retain copies, including reproducible
copies, of the Architect's Drawings, Specifications and other
documents for information and reference in connection with the
I Owner's use and occupancy of the Project. The Architect's
Drawings, Specification or other documents shall not be used by
j the Owner or others on other projects, for additions to this
Project or for completion of this Project by others, unless the
Architect is in default under this Agreement, except by agreement
in writing and with appropriate compensation to the Architect,
6.2 Submission or distribution of documents to meet
official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publication
in derogation of the Architect's reserved rights.
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 This Agreement may be terminated by either party upon
not leas than seven days written notice should the other party
fail substantially to perform in accordance with the terms of
this Agreement through no fault of the party initiating the
termination.
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7.2 If the Project is suspended by the Owner for more than
30 consecutive days, the Architect shall be compensated for ser-
vices performed prior to notice of such suspension. When the Pro-
ject is resumed, the Architect's compensation shall be equitably
adjusted to provide for expenses incurred in the interruption and
resumption of the Architect's services.
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7.3 This Agreement may be terminated by the Owner upon not
less than seven days written notice to the Architect in the event
that the Project is permanently abandoned. If the Project is
abandoned by the Owner for more than 90 consecutive days the
Architect or the Owner may terminate this Agreement by giving
written notice.
7.4 Failure of the Owner to make payments to the Architect
in accordance with this Agreame,it shall be considered substantial
nonperformance and case for termination.
7.5 If the Owner fails to make payment to Architect within
thirty (30) days of receipt of a statement for services properly
performed, the Architect may, upon seven days written notice to
the Owner, suspend performance of services under this Agreement.
Unless payment in full is received by the Architect within seven
(7) days of the date of the notice, the suspension shall take
effect without further notice. In the event of a suspension of
services, he Architect shall have no liability to the Owner for
delay or damage caused the Owner because of such suspension of
services.
7.6 In the event of termination not the fault of the
Architect, the Architect shall be compensated for services
properly performed prior to termination.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 This Agreement shall be governed by the laws of the
State of Texas.
j 8.2 Terms in this Agreement shell have the same meaning as
those in AIA Document A201 General Conditions of the Contract
for Construction, current as of the date of this Agreement.
8.3 The Owner and Architect, respectively, bind themselves,
Their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither Owner nor Architect
shall assign this Agreement without the written consent of the
other.
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8.4 This Agreement represents the entire and integrated
agreement between the owner and Architect and supersedes all
prior negotiations, representations or agreements, either written
or oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
8.5 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Archite(:t.
8.6 Unless otherwise provided in this Agreement, the Archi-
tect and Architect's consultants shall have no responsibility for
the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials in any form at the Pro-
ducts, po{ychlo i ated biphenyl limited (PCB) or other asbestos, ssubstances,
provided, however, Architect shall have the responsibility to and
should material
skillonand of any ehazardous
Architect the of Owner the similar location
that shall an report
noticed.
8.7 Upon receipt of prior written approval of Owner, the
Architect shall have the right to include representations of the
design of the Project, including photographs of the exterior and
interior, among the Architect a promotional and professional
materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has
previously advised the Architect in writing of the specific infor-
mation considered by the Owner to be confidential or proprietary.
the
The Owner p provide androins the napr promotional materials Architect
the construction sign
Project.
j ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contri-
butions and benefits related thereto, such as employment taxes
and other statutory employee benefits{milarinsurance, cosick ntributions
holidays, vacations, pensions
benefits.
E
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9.2 REIMBURSABLE EXPENSES
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j 9.2.1 Reimbursable Expenses are in additio,i to compensation
for Basic and Additional Services and include expenses incurred by
the Architect and /architect's employees and consultants in the
interest of the Project, as identified in the following Clauses.
f 9.2.1.1 Expense of transportation in connection with tae
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for securing
approval of authorities having jurisdiction over the Project.
? 9.2.1.2 Expense of reproductions, postage and handling of
drawings, Specifications and other documents.
9.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
9.2.1.4 Expense of renderings, models and mock-ups
1 requested by the Owner. j
9.2.1.5 Expense of additional insurance coverage or limits,
i including professional liability insurance, requested by the Owner
in excess of that normally carried by the Architect and Archi-
iii tect's consultants.
9.3 PAYMENTS ON ACCOUNT OF TIASIC SERVICES
9.3.1 Subsequent payments for Basic Services shall be made
monthly and, where applicable, small be in proportion to services
performed within each phase of service, on the basis set forth in
Subparagraph 10.2.2.
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9.3.2 If and to the extent that the time initially
established in Subparagraph 10.5.1 of this Agreement is exceeded
or extended through no fault of the Architect, compensation for
any services rendered during the additional period of time shall
be computed in the manner set forth in Subparagraph 10.3.2.
9.3.3 When compensation is based on a percentage of Con-
struction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of the
Project shall be payable to the extent services are performed on
those portions, in accordance with the schedule set forth in Sub-
paragraph 10.2.2 based on (1) the lowest bona fide bid or negoti-
ated proposal, or (2) if not such bid or proposal is received, the
most recent prelim nary estimate of Constrvction Cost or detailed
estimate of Construction Cost for such portions of the Project.
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional
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Services and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or
expenses incurred.
9.5 PAYMENTS WITHHELD
' 9.5.1 No deductions shalglt be lmade from the iquidated dameg Ar h tether es or
compensation on account of p Y.
sums withheld from payments to contractors, or on account of the
cost of changes in the Work other than those for which the
Architect is responsible.
9.6 ARCHITECTS ACCOUNTING RECORDS
9.6.1 Records of Reimbursable Expenses and expenses
shall the
Direct aPeraonnelQ3Ezpense
j pertainiofg a° multiple alof Servic
available med on
ail
available to the Owner or the owner's authorized representative and
dur threeiyearstafter thecdatenof theifinal Certificate eof Payment,for
ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
4
10.1 BASIC COMPENSATION
110.111 FOR BASIC SERVICES, as described in Artitclef 2, and
and
r Basic
any other services included in Article 11 as p
II Services, Basic Compensation shall 1 be a lump sum of Ten Thousand
k Four Hundred Dollars ($10,400.00).
10.1.2 Where compensation is basedon a pa stipulated s Basic
ercentage of Construction Cost, progress of
j Services in each phase shall total the following percentages
the total Basic Compensation payable:
fifteen percent (15%)
Dessigign n Dc e evel Deopmesign nt Phase: Phase: . twenty percent (20%)
D D
Construction Documents Phase: forty percent (40x)
Bidding or Negotiation Phase: five percent (5(20%)
Construction Phase: twenty percent Total basic Compensation: one hundred percent (100x)
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,
as described in Paragraph 2.20 compensation shall be computed as
follows:
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On an hourly rate basis, based on Article 10.2.2.
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as
described in Articles 3 and 11, other than (1) Additional Project
Representation, as described in Paragraph 3.2, and (2) services
included in Article 11 as part of excluding services of consultants, compensation shall Services, ccomputed
as follows:
Principals $45.00 per hour
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including
additional structural, mechanical and electrical engineering ser-
vices and those provided under Subparagraph 3.4.16 or identified
in Article 11 as part of Additional Services, a multiple of one
and one-half (1.5) times the amounts billed to the Architect for
-a such services.
s
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paz graph
9.2, and any other items included in Article 11 as Reimbursable
Expenses, a multiple of one and one-half (1.5) times the expenses
incurred by the Architect, the Architects employees and
consultants in Lne interest of the Project.
10.4 ADDITIONAL PROVISIONS
10.4.1 IF THE BASIC SERVICES covered by this agreement
have not been completed within twelve (12) months of the date
hereof, through no fault of the Architect, extension of the
9a3 3 and time 2,2ha11 be compensated as
Architec t services bi ~yond that
provided in
10.4.2 Payments are due and payable thirty (30) days from
the date of the Architect's invoice. Amounts unpaid thirty (30) t
days after the invoice date shall bear interest at the rate of
l one percent (1X) per month.
1 This agreement entered into as of the day and year first
written above.
CITY OF DENTON, TEXAS, THE ARCHITECTURAL COLLECTIVE
OWNER INC., ARCHITECTS
BY. _ BY:
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ATTEST:
JENNIFER WALTERS, CIr SECRETAR
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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DATE: February 16, 1988
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
PROM: Lloyd V. Harrell, City Manager
SUBJECT: APPROVAL OF DENTON COUNTY APPRAISAL DISTRCIT OWNERSHIP OF OFFICE
BUILDING AT 3911 MORSE STREET, DENTON, TEXAS.
RECOKMENDATION: Staff recommends approval of the attached ordinance
vllidating the purchase of real estate located at 3911 Morse
Street, Denton, Texas.
SUMMARY: Building and land were purchased by the Appraisal District
when there was no law stating that they could or could not do
this. State law was passed which required that purchases of
real property be approved by the Board of Directors and the
'voting' jurisdictions.
BACKGROUND: See attachment for:
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1. Letter from Appraisal District
2, Senate bill 1312 a
FISCAL IMPACT: There would be negative impact if the 'voting' jurisdictions
do not approve the purchase and the Appraisal Distecit had to
relocate its offices.
Respect lly submitted:
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Llo V. Harrel
City Manager
Prepared by:
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/'`?lA ~~'YCa1
I Monte Mercer ;
J Controller
Approved:
ohn F, cGrane
Executive Director of Finance
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RESOLUTION NO.
APPRkCQUIS OF CERTAIN REAL AISAL ITION
DISTRICT; AND PROVIDINGERTAN
BY RETHE TDENTONPP CENTRAL THE
I EFFECTIVE DATE. fi
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WHEREAS, on the 25th dny of January, 19880 the City Council
of the Cit of Denton Denton Central Appraisal cDistrict tthat the Boa diof Directors of
Denton Central Appraisal District had resolved to validate the j
purchase of certain real Testate loca edtwo tract More Street, f`
Denton, Denton County,
described as Lot 2B, Block 1, Golden Triangle Industrial Texas;
Phase V, an addition to the City of Denton, Denton County,
} and the second tract described as 1.941 acre's County out of Abstract
1 927A, MEP & PRR Survey, Tract 10E, Denton , Texaso for use
as the offices of the Denton Central Appraisal District and
Appraisal Review Board for the Denton Central Appraisal District;
,
and
WHEREAS, the Legislature of the State of Texa's Ahas now aisal provided that the acquisition of real properbty bvali a date
p by a
District prior to January governing of the taxing units
I~ three-fourths vote of the gov g
entited to vote on the appointment of board members of the
Appraisal District; and
WHEREAS, the City Council of the City of Denton finds and
believes that it woulu be in the best interest of the City of
Denton and of the Denton Central Appraisal District for such
purchase to be validated and approved;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the purchase and Downersh ent nipDentosuch real n County,
estate ocate at 3911 Morse Street, , roved
Texas, by Denton Central Appraisal District is hereby app
and validated.
SECTION II. That a signed copy of aths Resolutio on shal
Central
promp y o rwarded to the Chief ApF
Appraisal District by the City Secretary.
eSECTIION 111. hat this resolution oluti n shall become effective
i approval.
imm C Y its passage i
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PASSED AND APPROVED this the day of 1988.
PAY ;TEPH E '
ATTEST:
JENNIFER WALTERSo-C-ITY SE RETAR_$ 1
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY `
BY:
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DENTON CENTRAL APPRAISAL DISTRICT
0111 MOFS! BT PE ET
R0. BOX 2111
DENION,TERA7 7102
JOE D. ROOERB,CURTPAAtA' 117060004 BOARD Op CIRECIORS:
Chl.l Appr Rl.,r TROY WHITE, ChalrmAn
JOHN D. BROWN, RCA JON BECK, Vlcs ChAlrm Ah
D.pulr Chlp AppuloW JERRY GAGE, SAa.l.q
JOE A, ROnSRNE JAMES WATTS
O.pVll CA41 AppalAn DAVID FINCH
Ea pm.nc." CRI4N4nA
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December 21, 1987.
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Dear Administrator$
in the lest regular session of the Legislature, Senate Bill
? No. 312 was passed, which provided statutory authority for an "I
f appraisal district to own real property; the Statute to
explicit in mandating that ownership of real property be
first approved by resolution of the Appraisal District's
Board of Directors, followed by affirmative resolutions by
the "voting" jurisdictions. Further, this approval is
retroactive for those appraisal districts that already own
real property, which is the COSS for DCAD. We are now asking
the voting governing bodies to approve a resolution
authorizing DCAD to continue ownership of the building and
land located it 3911 Norse Street, Denton, Texas. We are
enclosing an excerpt from Propurty Tax Code, Section 6.03, 1
that defines the "voting" jurisdictions. Also enclosed is a
copy of Sensto Bill No. 312.
For your general information, the Denton Central Appraisal
District owns a 9,000 square foot office building and 4.9411
acres-of land, located et 3911 Morse Street in Denton. The
original cost of the land was $163,350 and the building was
constructed for $4881227. A $500,000, fifteen-year note,
with monthly payments of $4,924 was signed in October, 1985.
The property ownership was approved by a committee made up of
representatives from the jurisdictions. Further, the $4,924
monthly payments have always been approved via the budget
process. Although there was no authorizing statute at the
time that precluded an appraisal district's ownership of
real properLyl there was none that specifically authorized
same. Senate Bill No. 312 was passed to clarify this matters
We will be forwarding each jurisdiction a copy of the
j resolution LLSL the Board of Directors will approve at the
January 21, 1988 Board Meetings Per the legislation, this
resolution must be forwarded to each voting governing bodys
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!4 When the jurisdiction receives the resolution, the governing
body can then also approve a resolution approving DCAD's
ownership of the existing office building and land. We are
asking each voting jurisdiction to have the necessary
resolution on an agenda during the lest of January, or
February. To minimize effort on your staff, and on your
attorney, we are enclosing a copy of a resolution that you
may wish to use.
3 If you wish, a Denton Central Appraisal District staff
member, or Board Member, will attend your Board/Council
Meeting to discuss this matter.
We are asking that each jurisdiction provide DCAD a copy of
their approved revolution as soon as possible.
Sincerely,
~ e D. A gene
Chief Appraiser
JDR/va
ccs Board of Directors
Encl
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4P.fYKC tnnllto EFFECTIVE JANUARY 1r 1968
W
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1[ Here Lp.•rs. 717 '
• 1 tar arcloso a arevem tr I <t'a title
1 ' 7
An ACT r4soctien r•av1n Cat1 of the %&%I I " f unity The %hit
!
tr :hell notify the rrca 1111ns ef!leu rtif each revernine indr
1 re let/DS H the evoonnfD and essveyenu 0y sit eppraleal dlsedet 7 A"rel
.
entitled is veto on %by sl r•:'slyro
7 of interests to property and to the location o: an a "L31 tXt s 1 ► d I1 Sif
PDnlsel 1 'eery el the booid' "rl octvitbn tnotnn rlth fnlenttlo
d dl oerJet o!/lee, shrvSnt
_
1 the nett e! ether ova It shit alt atfy 1 n t • arsptaal On e l
6 u It D1AC'7m by T1Q LtO UY.A1Va7 Or M STA:S Or :SAAh 7 before the 70th day aft theft %h6 wroilaffe officer i.
I ILC7109 1, Subsection (al, Section 6.01. Tom tech, Is
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l the wvnnl
7 amended to lead as trllwn S netlco of the anppol
n(bldr o! a tselnr unit )r i
f reaeluttan mr ant e e or dl seDerwe U carol 1 If e
1
lovarlips
(a) Lm[spt as Authsrlsed by Subsection (b) of WI section.
- - - 10 Sod* fails to act on of Were re that •otn ally sir fa11r p 7111
S each appraisal district shell establish an appraisal office. ns
11 revel utlen with , one ehl f awr !s on or before tto SQ~1 ss '
70 61161311141 office mot be 14941 *4 in he teunsv ter blob t,;, '
17 Slue 70th oayar. the ereresel So treaNd N ff ii r n d! erwoe b
"I 13 district to eata)HOW, An appraisal df s,(j7t th1Y • t b1t h
17 lath rrrrrnlne bedv I 9 n y
17 branch ersnlyLjLleas wNlde vie caurtb far Mtch en tf Krlct
la "1 ins beam sf dirset•rt pv miv a 1• reel _4 s b br t
r 17 1 So' otabilood. h
is the d/etritt, And,
the rncaldl -hill ►a er alit ip each a 1
1 1f SSQ10M 7. lubchaptar A, Chgcer Tan Cpdo, to "ended, to
16 111111 tbot aarcitlwtas in she dl trln In arfseetlea to no unit f
11 aoondet by alo'e'' Hatlse I,Lei to real U Lei lava' al allocation or the apenleel 111 a 1M kdut 1n he warn Aleh
id 61.. /.eel. dinetrsv OR 3LAS7 of pLAI :bola-r. 1ai•
11 - the transaction eewra A nmwande 11,111 be overtired is groviltd,
17 beard at direttfrl m ■e sesralsel distrlet key mirwrthaff or lease
11 •N Sub wetiee 1af at thlo o/otSse and any aeo a 'I hell
16 real property aM they tetatmet life wee: nu •e
' 70 11rertlened by 11% 1n1n'Dent n one annue!
brdeai thada 1t srerlt a
36 Establish And operate Us ses•tleal :file@ or a frames •gual f1 by Subsection fel of Section coo of r'a eadl
' . „ 7S fllld.L i'
77 1111 An secpftities of tali artaort by a acs isel diet let
l 71 110 The ltwisltl/n or nmovonee of real 1L2tIz1x-jL--Zt
•77 ):lore Ifnrart 1. Iles, ow M J611doted betas parch 1, loss l■
as. Conitruetlgp er. renovation of a au11d1ne or other leorsvae: t by an
14 the ean.'1et acori dad br f )f ref n n1 :!-aria "Ills, fat hr
77 ►afnl cal tiotel ea wvu be narevfd W M w inirt• bad its of !
fi as Trt 1!ties ♦f rtal rnn(r lY i
SI thru•feurths at
the esmlee units entlalod to rots-Sit thh 31 3=1011 1. Me Aft takes affert M January 1. lose. i
•.'I t7 aeaalnthlnl al beard penuerl, 11.10 peat! fl df ne•trf ►Y tald's•M
.,~1 1 1
~~~•'Parlioi.aA~fa, s€J .'r+":x a,~„
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IIC ON 1. % is lnpottince of thin lslioletisn and the ~
1 sravde} ronditlea of SAS Caleaden In both bous*$ tents an
~9pu sate a nun 1
7 ensrNney aM ab imperative ►ublle~ necessity that the resident o the mete
'
1 Constitutional rule tejulrin9 bills to be road on three Several 1 hereby ee telly that No. 172 paned tee Senate an
f 'days it each hoole be suspended, and this rule li hereby nuapended. rtbruery 14, 1917, by the yellevin9 voter toa t0, ways 0.
•er•taq t at mate
.
' 7 h•rsby tartily that I.$. Nn 777 ►all" US ltuyn an
AP'il 71. 1917, ►y a non.ricord vote.
M&I Clark at She Mouse
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CITY of DENTON, TEXAS PURCHASING DIVISfON / 901•B TEXAS STREET / DENTON, TEXAS 76201
S
MEMORANDUM
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TO: LLOYD V. HARRELL, CITY MANAGER
r FROM: TOM SHAW, ASSISTANT PURCHASING AGENT
DATEr FEBRUARY 8, 1989
SUBJECTr HOUSE BILL NO. 1837-RELATING TO IDENTIFICATION OF
CITY OWNED VEHICLES 4
SENATE BILL NO. 763-ALIAS NAME VEHICLE REGISTRATION
I House Bill Number 1837 became effective September It L9& The bill deals with the
Identification, titles and licerse tags for City owned vehicles and equipment. In
summary 1 understand that all vehicles fall Into two categories: (1) marked, those with
exempt tags with the City of Denton and the using department displayed on the vehicle,
and (2) those with standard tax free (regular) license plates and no marking-i, Le. Police
C.I.D.
To operate an unmarked fleet such as Pollce Criminal Investigation Division the
attached resolution must be approved by City Council each year and a certified copy
must be on file with the Department of Motor Vehicles.
This unmarked category Is further broken down to categories (A) where the master
vehicle file In Austin would show the City of Denton as the owner agency, and (B) where
the vehicle can be registered and licensed in an alias name therefore preventing the
owner agency from being revealed upon Inquiry. This category (B) would obviously apply
to undercover covert lsw enforcement vehicles.
S
The attached resolution, drafted by our Legal Department, is requested so as to enable 4
us to receive renewal license stickers for the Police C.I.D. vehicles and undercover
vehicles currently owned by the City of Denton.
ENCL: Form 62 G
Form 62 H
Form D12-119
' 17
F0 9 1982
CITY OF DENTON
j LEGAL DEK
hl ' 8$71566 83 f f DIFW METRO 267.0042
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ULNtttlGAtt Ur it1LG labULU UNULK AN ALtAb tUK Uac UN
LAW ENFORCEMENT VEHICLES
j To the Division of Motor Vehicles, State Department of Highways and Public Transportation, which is
authorised to register and title law enforcement vehicles under an alias by Article 6675a-3as and by Article
6687-1, as amended by the 70th Texas Legislature, Regular Session, I
the executive administrator of '
NPAe of Exempt Agency Department
do hereby make application for alias exempt registration and certificate of title for the following vehicles
that wilt be operated by this agency only in covert criminal investigations: FOR DEPARTMENTAL USE
Lie. Exp. Date:
Motor or Vehict Mo. Yr.
Body Identification Current Lie Equip Title o Validation License
Yea Mak St L Number Yr. Lie No. No. App. No Alias Name end Addres Sticker Number
. Ih
I
IMPORTANT: This affidavit must be signed by the executive administrator of an exempt law enforcement agency.
The executive administrator shall be defined as the director of a federal agency, the director of the Depart-
went of Public Safety, the sheriff of a county, or the chief of police of a city.
THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WILL NOT BE LIABLE IF ANY PART OF THIS FORM OR THE
RECORDS OF THE DEPARTMENT BECOME PUBLIC KNOWLEDGE.
Texas
Signature of Executive Admin. Title Mailing Address city Zip Code
'
Subscribed and sworn to before me this day of 19
NOTARY SEAL- Notary Public County, Texas.
Commission Expires on
NOTEt All Information Called For Must Be Shown.
STATE DEPARTMENT OF HIGIWAYS E
AND PUBUC TRANSPORTATION Ff
FO 6 2G DIVISION OF MOTOP. VEHICLES
AUST11). S Is? 19 owI
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LETTER OF AUTHORIZATION
for The Period of September 1, 19to August 31, 1_9~
is outhorizekl to execute and
I1!ame of Oasignce? Y
approve forms necessary for the acquisition of license plates reg-
istored ynder an alias.
This agency is aware tiTat each time the executive adminiGtrr-,-
tor or his duly appointed designee is replaced, a new letter of
s authorization must be filed with the Department.
i
{ S. gnature of rxecu-ttve Ad nmi strator
9
flame o Executive Administrator
i
T tle
Itame o Agency
Subscribed and sworn to before me this day of r 1
19
Notary Pu c r
NOTARY SEAL
County, Texas
Commission Expires on
}
IMPORTANTS Thin affidavit must be signed by the executive adminis-
trAtOr of an exempt law enforcement agency. The executive adminis-
trator shall be defined as the director of A federal agency, the
director of the Department of Public Safety, the sheriff of a county,
or the chief of police of a city. If the proper person does not sign q
the affidavit, plates will not be issued.
Letters of Authorization are required to be filed annually with the
State Department of Highways and Public Transportation, Division of r
Motor Vehicles,
Form 62H STAU DEPARTMENT OF HIGHWAYS
AND PUSUC OF
DIVISION OP MOTOA MOTOR VEHICLES
. AUSTIN,TEXAS 18719000
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Affidavit for Regular License Plates
to be Used on Exempt Vehicles
Before me, the undersigned authority, personally appeared _ l
who, being duly sworn, deposes and upon oath states that he is authorized to sign this f
affidavit and that the vehicle(s) described on the attached application does not carry
an•, markings or identification inscription having been exempted from such requirement
by either Article 6701m-1 or Article 6701m-2, Vernon's Texas Civil Statutos.
State Agencies must complete this section;
is exempt from the requirement of
displaying identification ors inscription on exempt vehicles owned by this agency by
Article 6701m-1 and has filed the requircd rules and regulations with the Office of
the Secretary of State. Rule No.
Cities or Counties must comply with this section:
I
A City Council Resolution must be filed annually with the Department in order to
obtain regular license plates for city vehicles. 1
A Commissioner's Court Order must be filed annually with the Department in order to
obtain regular license plates for county vehicles.
The name of the w ~mpt agency and the name of the person designated to apply for
regular license plates for use on exempt vehicles must be stated in sither document.
THE OWNERSHIP OF THE VEHICLES REGISTERED IN THIS
MANNER WILL BE RECORDED IN THE MASTER VEHICLE FILE,
AND THE AGENCY'S NAME WILL BE AVAILABLE UPON INQUIRY.
i _
11Ignatura TWO Ayuncy
SWORN AND SUBSCRIBED TO BEFORE ME THIS DAY OF
Signature of Notary Public
NOTARY Print Noma of Notary Puble -
SEAL
Ode My CemnAealen empires
STATE OF TEXAS
COUNTY OF
I Parr 012•1 10 Ra+. 11141
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2227L
RESOLUTION NO. _
A RESOLUTION AUTHORI2II4C THE POLICE DEPARTMENT TO USA UNMARKED
VEHICLES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 6701m-2, V.A.C.S. provides that upon approval t of the governing body of a city, automobiles used by police
Officers need not be marked as city owned vehicles when used for
1
the purpose of performing official duties; and f
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WHEREAS, the City Council of tt.e City of Denton desires to E
authorize the police department to sse unmarked vehicles as they I!
may deem necessary in order to facilitate police undercover work
and other legitimate and official fugctions of the police depart-
ment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
SECTION 1. ed bn Article
That puraur:~t to the authority the granted body
6701m- , V.A. .S. approval is hereby given by
t of the City of Denton for the use of the Denton Police Department
of unmarked vehicles for the purpose of performing official duties. s
SECTION 11, That the Chief of Police of the City of Denton is
here y authorized and directed to designate those vehicles for
ownplates are ed by the City of Denton,will not reveal that such
which license
vehicles i
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
1988.
PASSED AND APPROVED this the day of
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ATTEST,
I JENNIFER WAITERS, WIT SECRE AR
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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2142L
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r RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 271 of the Texas Election Code authorizes
political subdivisions to conduct joint elections; and
WHEREAS, the Board of Trustees of the Denton Independent
School District have requested the City Council of the Ci 98oof
the School regular District election electiono be held May 7, ,
Denton t
jointly with
WHEREAS, the City Council, having given due deliberation to
the proposal for a joint election, is of the opinion that such
joint election could adequately and conveniently serve the
voters of the City of Denton and facilitate the orderly conduct
of such elections; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I. That the Mayor is hereby authorized to execute
an agreement between the City and the Denton Independent School
District providing for the joint conduct of the May 7, 1989
regu1,r municipal election and the regular election for trustees
of the Denton Independent School District, a copy of such
agreement being attached hereto and incorporated by reference
herein.
SECTION 11. That this resolution shall take effect and be
in u orce mmediately upon its passage and approval.
PASSED AND APPROVED this the 16th day of February, 1988.
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ATTEST:
ER WA T R , RE AR
JENNI
APPROVED AS TO LEGAR. FORM:
DEBRA ADAMI DRAYOVIT4H, CITY ATTORNEY
BY:
S KNOW ALL MEN BY THESE PRESENTS: y.
f THE STATE OF TEXAS §
COUNTY OF DENTON S
t
R E S O L U T I O N
WHEREAS, the DENTON INDEPENDENT SCHOOL DISTRICT of Denton,
the CITY OF DENTON, TEXAS have nego-
s, and
Dentiatton ed County, Texa and tentatively agreed to hold joint electionsi and
WHEREAS, the DENTON INDEPENDENT SCHOOL DISTRICT proposes
to make certain other changes in its election process:
I.
8 .
BE IT RESOLVED that the Trustees of the OENT0N INDEPENDENT
SCHOOL DISTRICT are hereby authorized to enter into an agreement
for conducting joint elections with the CITY OF DENTON, TEAXAS,
a copy of which Agreement is attached hereto as Exhibit
II.
i BE IT FURTHER RESOLVED that BETTYE MYERS, President of the
Board of Trustees of the DENTON INDEPENDENT SCHOOL DISTRICT, is
hereby authorized to hereafter execute any and all documents,
itten instruments which may be necessary
agreements or other wr
' to finalize and effectuate the joint elections as contemplated
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by the Pgreement attached hereto as Exhibit "A".
f,
BE IT FURTHER RESOLVED that the Trustees of the DENTON
INDEPENDENT SCHOOL DISTRICT do hereby agree to change and
RESOLUTION - Page One
E
relocate the polling places as is hereinafter set out and
that the precincts be assigned to vote at the locations set
out as followsi
A. District One shall include the following County
election precincts and those voters residing within the
following listed precincts shall vote at the American Legion
Hall, 629 Lakey Street, Denton, Texass
1. That portion of Precinct No. 1-K lying north of
McKinney Street, East and South of Mingo Road,
West of Mockingbird Lane and North and Northwest
of Audra Lane.
2. All of Precinct 1-9 in the City of Denton.
3. All of Precinct 1-V.
4. That portion of Precinct 1-D lying North of Inter- j
state Highway I-35 East.
_ 5. That portion of Precinct 1-J lying North of Inter-
state Highway I-35 East.
6. All of Precinct 4-L except that portion of Precinct
4-1, lying south of Eagle Drive and West of Bernard
Street.
7. That portion of Precinct 4-0 lying East of Avenue E
and North of Eagle Drive.
B. District Two shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at Fire Station No. 40 2110 Sherman Drive,
Denton, Texasi
1. All of Precinct No. 4-H in the City of Denton.
2. A11 of Precinct 4-N in the City of Denton.
3. All of Precinct 1-E in the City of Denton.
4. All of Precinct 1-H in the City of Denton.
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5. All of Precinct 1-L in the City of Denton.
6. All of Precinct 1-0 in the City of Denton.
7. That portion of Precinct 1-K lying East and South of
Audra Lane and lying North of Mingo Road.
RESOLUTION - Page Two
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8. All of Precinct 4-M in the City of Denton.
4. All of Precinct 1-C in the City of Denton.
C. District Three shall include the following County elec-
tion precincts and those voters residing within the following
listed precincts shall vote at the North Lakes Recreation Center,
2001 W. Windsor, Denton, Texasi
1. All of Precinct No. 1-M in the City of Denton.
2. All of Precinct 4-K in the City of Denton.
3. All of Precinct 4-J in the City of Denton.
4. All of Precinct 4-F in the City of Denton.
5. All of Precinct 4-E in the City of Denton.
6. All of Precinct 4-D in the City of Denton.
D. District Four shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Denia Park Recreation Center, 1001
Parvin, Denton, Texast
1. All of Precinct No. 3-F in the City of Denton.
2. All of Precinct 3-E in the City of Denton.
a. 3. That portion of Precinct 1-J lying South of Inter-
state Highway 1-35 East in the City of Denton.
4. That portion of Precinct 1-D lying South of Inter-
state Highway I-35 East in the City of Denton.
5. All of Precinct 4-G, except that portion of 4-G
lying south of West Oak Street, East of Avenue E
and North of Eagle Drive.
6. That portion of Precinct 4-1, lying South of Eagle
Drive, West of Bernard Street, East of Avenue C,
and North of Interstate Highway I-35 East.
7. All of Precinct 1-R in the City of Denton, Texas.
E. The voting precincts located within the boundaries of the
Denton Independent School District and not within the city limits
and their respective polling places are hereby designated as
followsi
RESOLUTION - Page Three
1. 'Precincts 1R, 3B. 3D and 3C - Denia Recreation Center.
2 Sherman tDrive.lC, 2M, 4M and 4N - Firestation No. 3, 01
IV.
BE IT FURTHER +ZSOLVED the Joint election will be conducted
for both the DENTON INDEPENDENT SCHOOL DISTRICT and the CITY OF
j DENTON, TEXAS by city election officials at the Denton City Hall,
215 East McKinney Street, Denton, Denton County, Texas. Absentee
voting shall be conducted in accordance with the requirements
f of
tha Texas Election Code, with absentee voting to be conducted in
j the office of the City Secretary of the CITY OF DENTON, TEXAS, at
the Denton City Hall, 215 East McKinney Street, Denton, Texas.
r
V.
BE IT FURTHER RESOLVED the DENTON INDEPENDENT SCHOOL DISTRICT
and the CITY OF DENTON, TEXAS shall use a single ballot, which
will show all officials to be voted on in the election of both
partied provided, however, that no voter shall be provided a
ballot containing any office on which the voter is ineligible
to vote. •
In such cases, separate ballots will be provided to y
voters residing in areas where boundaries are not coextensive.
e
VI.
BE IT FURTHER RESOLVED the place for filing for the position
of Trustee of the DENTON INDEPENDENT SCHOOL DISTRICT be changed
from 1205 West University Drive, Denton, Texas to 215 East Oak
Street, Denton, Texas.
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I RESOLUTION Page Four
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s, VII.
BE IT FURTHER RESOLVED that an application be made on
behalf of the Trustees of the DENTON INDEPENDENT SCHOOL
DISTRICT to seek and obtain preclearance and approval from
i the Justice Department of the United States Attorney General
and any other government agency or regulatory body that might
by law exercise any authority over the elections to be held
by the DENTON INDEPENDENT SCHOOL DISTRICT and that such pre-
clearance and approval be requested as soon as possible.
VIII.
PASSED and ADOPTED at a Regular Meeting of the Board of
Trustees of the DENTON INDEPENDENT SCHOOL DISTRICT, State of
Texas, on the day of 1988.
DENTON IND NDENT SCHOOL DISTRICT
OARD OF TR STEES
> Bys J
President
ATTESTS
r. 1
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Secretary of Boar f Trustees
DENTON INDEPEN1) SCHOOL DISTRICT
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RESOLUTION - Page Five
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ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
5
BEFORE ME, the undersigned authority in and for the STATE
OF TEXAS, on this day personally appeared BETTYE MYERS, known to
me to be the person and officer whose name is subscribed to the
foregoing Resolution, and acknowledged to me that the same was
i the act of the said DENTON INDEPENDENT SCHOOL DISTRICT, and that
I she executed the same for the purposes and.
consideration therein
expressed, and in the capacity therein stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
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1986.
AotarY u exas
Reta A. Vanbebber
otary ame ype or r m e
My Commission Expirest 5!38/89
RETAA. VAN SEEEER
wufl +ueC9.r.art!
, 11, ~eY~il7k~ EOM 7C..i
RESOLUTION - Page Six
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EX1-1101T 01
THE STATE OF TEXAS § JOINT ELECTION AGREEMENT
COUNTY OF DENTON BETWEEN THE CITY OF DENTON AND THE
DENTON INDEPENDENT SCHOOL DISTRICT
j WHEREAS, the City of Denton, Texas ("City"
j election for City Council Members and Mayor on Sat) will ho an
k day of May, 19881 and
urday, the 7th 11'
WNEREA3, the Denton Independent School District ("District")
will also hold an election 'for school trustees on Saturday, the
7th day of May, 19881 and
WHEREAS, pursuant to Section 271.002 of
the Cit a th
and the
El
y the District desire to enter into an agection reement code,
hold their elections jointly in the election districts that can
f be served by common po ling places; NOW THEREFORE,
The City and the District do hereby agree as follows:
i
" a I iIE•f I, POLLING PLACES
' The parties agree t
election precincts that can be served bye common polling places
Absentee voting 'shall be conducted for both entities b
officials at the 'Denton, City Hall, 215
East McKinney, Denton,/
Texas, District polling places shall coincide with City polling
places. The 'Election Districts and their respective polling
places shell be,as,followa:
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A., District One,shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at.., the American Legion Halii 629 Lskey
Street, Dentonj.Texas: ,
to That portion of Precinct' No, 1-9 lying north of
McKinney Street, East and South of Mingo Road, West of
Mockingbird Lane and-North and.Northwest of Audrl '.one.
2, All of Precinct '1-84
ztho City of Denton.
3. All of Precinct 1-V.
4, That portion of Precinct 1-D lying North of Interstate
Highway,
1-35 East,
A 5, That portion of Precinct 1-J lying-North of Interstate
' Highway I- S East,
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6, All of Precinct 4-L except that portion
4-L Street, lyinng south of Eagle of Precinct and West of Bernard
4-L l
1. That portion of Precinct 4-0 lying East of Avenue E
and North of Eagle Drive.
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8- District Two shall include the foll
I precincts and those-voters residing
precints shall vote at Firs Statin No. h 4 owitheng foll Countowfn election liated
enton, Tezast ~ , 2110 Sherman Drive,
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1- All of Precinct 1104 4-H in the city
2. All of,Precinct 4-H in the City of Denton.
3- All oflPrecinct 1-E in the City of Denton.
4- Ali,oftPrecinet 1-H in the City of Denton.
S. All of~Precinct 1-L in the
City of Denton.
61 All.of Precinct 1-0 in the .City of Denton.
7+ That Portion of Precinct
Audr lying
a Lane and 1 in test and South of
. ~ r f y 8 tNorth of Mingo Road. -
8, All of,Precinct 4-M in the City of Denton.
9. All of,Precinct 1-C in the City of Denton.
C. District 'Three '
election precincts' and shall include the followfn
following listed those voters residing within County
precint shall vote 8 within the
Recreation ~Csn~srt;,2001,X,s
Windeor,,Denton at the North Lakes
Texast
11 All,of,~Pfecinct~ No,;I 1.M in, the City of Denton.
' 2.. All
E°f,IP1eciact 4-
.>1j.r „ K in the,.City of Denton.
31 All oftPFecinct 4-1 in the City of Denton.
4. All of Precinct in the City of Denton.
S. All, of Precinct 4-E In ,the City of Denton.
i6. All of
Precinct 4•- Din the City of Denton,
D- District Four, shall include the following County election
precincts and, those vIoIters, residing within the follow fn
?~i~~~'~',•~~`~I~i' W'! t,r~,r~i`' r ~ ~ 8 listed •
'i PAGE 2
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EXHIBIT
precinta shall vote at the Denia Park Recreation Center, 1001
Parvin, Denton, Texast
1. All of Precinct No. 3-F In the City of Denton.
2. All of. Precinct 3-E in the City of Denton.
3. That portion of Precinct l-d lying South of Interstate
Highway.-I-35 East in the City of Denton.
4. That portion of Precinct 1-D lying South of Interstate
Highway I-35 East in the City of Denton.
5, All of Precinct 4-0, except that portion of 4-0 lying
south of Heat Oak Street, East of Avenue E and North
of Eagle, Dlcive, ! I ;
61 That portion of tPrecinct I4-L lying South of Eagle
Drlve,IWest of Bernard street, test of Avenue c, and
North ofalnteretate,Highway t-35 East,
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7, All ofArecinct 1-R in,the City of Denton, Texas.
E. The voting precincts located within the boundaries of the
Denton Independent School District, and not within the city
limits and theit'respective polling places are hereby designated
as followai j: ;;ll'i,• .1, 1
i. Precincts lRr 3Br 3Dr and 30 - Dents Recreation center,
2. Precincts IBr 1C1,.2Mr 4M and 4H - Fire3tation No. 3,
Sherman Drive, i'
II. BALLOTS,
At each# polling place 'a single 'ballot form shall be used
which will show;alllthe offices to-be voted on in the electiooot
of both parties at{that polling placed provided, however, that
voter shall be provided a ballot containing any office on whlc
the voter is Ingligible to vote. In such cases, separate ballots
will be provided
to
voters tes
idin 'in.area
s where
! 9 boundaries e1e
not coextenahveiVo?'I`f1
The City Secretary of the City shall prepare the ballot for
the joint election for both parties, and shall cause to be
printedand prepared the cards, inserts and other printed material
necessary to set11the ballot on the; voting machines, and shall
cause'to belItst4'd the names! of the. candidates for Trustees of
ffit li
PAGE 3
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EXI1II6IT "A"
the Board of Trustees Of. the District, said list and designation +
to be separate and apart from the listing of the candidates for
City Council of the City, which
ballot. chalk also be listed on the
The City Secretary shall furnish a separate set of tally
sheets and return forms for use b the ffi
various precincts, so that the results ofrthe delectionlof Trustees it
a of the District shall be returned on a separate tally sheet,
l placed in a separate envelope, sealed and so designated, and like-
wise, the returns made by the presiding officers of the election
for city council of City shall be separately returned on separate
tally sheets and In separate envelopes, sealed and designated.
All tally sheets and returns for the election of Trustees for the
District shall be delivered directly to the Secretary of the k
Board of Trustees of the District or other chief election official k
i of said District,' All tabulations of the results of the election
j for Trustees of 'the Board of Trustees of the District shall be
conducted by the 'Judge of the central counting station. ter
completion thereof, all such tabulations, tally sheetsAfand
returns related to the election of the Trustees of the Board of
Trustees of.'said'District and said Board will assemble sucl,
{ tabulations#'and make the official canvass of the election ani
the final declaration-of the results,thereof,
rl III ! ELECTION OFFICERS
One set of election officers shall be a
to conduct the joint election and an ppolnted by the City
serve as an election officer in the electionnofheitheruonefofdthe
parties may be appointed to serve In the joint election. The
election 0fficers'shall be named and specified in the ordinance
steel; solution ofi'each party calling such election.
prepare iit ;'election order and forward a co The District
the attention ~of~;th0Cit rr PY of cams to
Texas 7b201•noti'later'than sevenr(7),dais East HcKthe meeting a
which the, election is to-be ,ordered. i'r, prior to the meetng at
~,+EI~~GII' ;<r~; IY~tl; RECORDS
All records pertaining to the election of the parties shall
be combined In any manner conventent4, end adequate to record and
report the results of each election, ' Returns shall be made to,
and the canvass"mads, by the governing board of each of the
parties. The officer' designated by 'law to be the Custodian of
the Records for the City ls:hereby.designated as the Custodian of
the Combined l~Recorde, i
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V. EXPENSE
The reasonable and necessary expense of holding said joint
election will be paid by the City except that one-half (1/2) of
the expens4 shall be paid to the C~ty by the District upon receipt
of satisfactory billing and invoices reflecting the total of such
sxpense. This expense shall include the hiring of a part-time
clerF to assist the City Secretary with her duties while the
election i,rocess is in effect,
j This agreement shall not apply to run-ofE elections or bond
elections helU by either party.
VI. FILING
It is understood and agreed that candidates shall file in the
appropriate jurisdiction as provided by the Election Code.
VII. EFFECTIVE DATE
This agreement shall become effective upon the adoption by the
governing body of each of the parties of a resolution approving
this Agreement and shall terminate on May 8, 1908 provided how-
ever, in the event that either party shall forego a joint election
deupite being eligible to participate pursuant to section 271.002,
z`. Vernon's Texas Election Code, that party shall notify the other
party at least ninety (90) days prior to the election date.
A resolution Incorporating the terms of this Agreement has
been adopted by the city council of the City and the Board of
Trustees of the District, and In accordance with Section 271.002,
Vernon's Texas E14etion Cod?, executed the same in duplicate
originals pursuan':, to their authority on the day of
1988,
CITY OF DENTONo TEXAS
I~
II G` E i '
i„ B Y s
RX[ 8T6pNEN9-I ATIYOR
ATTEST I
JENMIFER HALTERS( CITY SECRETARY
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APPROVED AS TO FORMS
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I BYs 1
BOARD OF TRUSTEESi DENTON
INDEPENDENT SCHOOL DISTRICT
Bye w
PRSSI E T
ATTESTS
SECRETARY
APPROVED AS TO ORMI
MIKE ORIFFINp ATTORNEY IOR
BOARD OF TRUSTEES# DENTON
INDRPEND NT SCHOOL DISTRICT
BYI IIJI~`~ Y LLJ
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