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HomeMy WebLinkAbout04-16-1991 i i y AGENDA )F CITY OF DENTON CITY COUNCIL April 16, 1991 p Work Session of the City of Denton City Council on Tuesday, April 16, 1991, at 5115 p.m. in the Civil Detente Room of City Hall, 215 E, McKinney, Denton, Texas 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, 5:15 p.m. f~ e $ 1. Executive Session! ! A. Legal Matters Under See, 2(e), Art, 6252.17 V. A.T.S. f ! 1. Consider action in Kelsoe_Y.,.9. ty, 8. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(q). Art 6252-17 V.A.T.S. I . Consider appointments to the Building Code Board, Community Development Block Grant Committee, the Electrical Cods Board, the 1 Historic Landmark Commission, the Human Services Committee, the Downtown Advisory Hoard and the Sign Board of Appeals. 5145 p.m. Recelva a report and hold a discussion regarding a recommendation on median construction for Loop 288 and give staff direction. 2. Receive a report and hold a dlsousoion regarding the space plan and give staff direction. 3. Receive a report and hold a discussion regarding the proposed contracts with Waste Management of Taxis L regarding the transfer of assets and the conetruotioll and operation of a transfer station. i Regular Meeting of the City of Denton City Council on Tuesday, April 16, 1991s at 7100 p,m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considerede . • r'. i . 1 City of Denton City Council Agenda April 16, 1991 Page 2 7:00 p.m. 1. Pledge of Allegiance 2. Citizen Reports ~ A. Receive a citizen report from Cindy Wood regarding bicycle safety. , is B. Receive a citizen report and petition from day }'r Racina regarding Loop 288 construction. C. Receive a report from C. C. Saxton, member of the Cable T.V. Advisory Board, regarding the televising of city council meetings. ' D. Receive a oittxen report from Suzanne sloxson regarding Texas Masts Management. , 8. Receive a citizen report from Dale Branum r' regarding the sale of the City's commercial solid } waste system. F. Receive a citizen report from Ed Morrison ~ regarding the City's landfill 06 Receive a citizen report from Joyce Poole regarding the City's commercial solid waste' system. H. Receive a citizen report from Mike Cochran regarding the City's commercial solid waste system. 1. Receive a citizen report from Lovie Price regarding the City's commercial solid Masts system, J. Receive a citizen report trom Don Fielding regarding the City's commercial solid "waste system. K. Raweive a citizen report from Art Anderson regarding a proposal for solid waste service from sentry Invironmental, L, Receive a citizen report from a representative of Texas Waste Management regarding the proposed sale of the City+s commercial solid waste system. r r t City of Denton City Council Agenda a April 16, 1991 Page 3 3. Public Hearings i A. Hold a public heating and consider adoption of an ordinance approving a development plan by rezoning a 7.494 acre tract of land from SF-7 (single family residential) to Planned E Development on property located at the southeast corner of Bernard and Collins for the purpose of an Be multi-family unit development, (The Planning and Zoning Commission recommends , approval). Z-91-002 B. Hold a public hearing and consider adoption of an ordinance approving a detailed plan by amending Planned Development 28 and by rezoning a portion of land zoned light industrial comprising a total of 1.S9 acres of land for the putposs of a Braum's Ice Cream Store on property located at the southeast corner of Sadau Court and Colorado Boulevard, (The Planning and zoning commission recommends approval). Z-91-001 C. Hold a public hearing and consider a replan of Lot 1 and additional unplatted land into Lot 1R, Block A, Denton Bible Church addition. The site 1 is on University Boulevard, immediately west of its intersection with the proposed Nottingham Drive extension. (Planning and Zoning Commission will consider this replat April 10, 1991a) D. Hold a public hearing and consider approval of a resolution which amends the Denton Development Plan by adding proposed greenbelts to the Concept Nap and by adding greenbelt specific area policy, and which adopts a strategic issue work plan for I flood plain management and greenbelts. " 4. Consent Agenda Each of theme items In recom•oended by tho Staff and approval thereof will be strictly on the basis Of the Staff t recommendations. Approval of the Consent Agenda Authorizes the City Manager or his designee to iv-plement each item in accordance with the Staff recommendationsi. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed bAck-up information is attached to the ordinances (Agenda items S.A, S.9, S.C, S.D.). This listing is provided on the Consent Agenda to allow Council Members to + discuss any item prior to approval of the ordinance. 1 f City of Denton city council Agenda L April 16, 1991 Page 4 A, Bide and Purchase Orderej 1. Bid #1223 - Pecan Creek Sanitary Sewer 2. Bid #1229 - C. t, P. Utilities Waterline 3. Bid #1231 - Personal Computers HardVate, Software S Accessories j 4. Bid 01234 - 161 Diesel Riding Mower " 5. Bid 01239 - Air Switches 64 Bid #1240 - Distribution Transformers 7. P.O. #12676 - Eastern Electric Apparatus, a, Change Orders - P.O. 017167 and P.O. 017168 ~ Martin K. Eby aI 1 ' , Y 6 9. Hid 01210 - Data Logger B, Tax Refunds 1. Consider approval of a tax refund for Title Resource6 for $611.93. C. Plato and Replete 10 Consider approval of the preliminsty to IV. of the Golden Triangle Mini-Mail ,Additiens from Lots S, 9, and 101 into Lots 9R and I 109, Block A, (The Planning and toning commission recommends approval:) S. Ordinances 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. (4.A,3, Bid #12311 4,A,4. - Bid #1234, 4.A.S. - Did 01239, ` 4,A.6, - aid 01240. 4.A,9, - Bid 01210)) e. Consider adoption of an ordinance accepting competitive bids and providing tot the svard of contracts for public works or impMemente, (4.A.1. - Bid 01229, 4.A.2. - Bid #1229) r r' r, r . q -k! a MAI if Cltx of Denton City Council Agenda April 16, 1991 Page 5 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 law exempting such purchases from requirements of competitive bids. (I.A.7. - P.O. 012676) D. Consider adoption of an ordinance authorising the execution of change orders to a contract between the City of Denton and Martin K. Eby; and providing P.O. an increase cP.O. In he contract price. v E. Consider adoption of an ordinance amending section 25-7 of Article to Chapter 25 of the Code of Ordinances of the City of Denton, Texas redesignating section 25.6 of Article 1, Chapter r 25 of the Code of Ordinances of the City of Denton, Texas as section 25-9s adding provisions to Article I, Chapter 25 of the Code of Ordinances of the City of Denton, Texas, and ' designating same as section 25-es revising tap and loop installation fees, and meter relocation fees; providing for the issuance of permits for i tap and loop installations establishing charges for work not specifteds providing for the 4 installation or inspection of water, tape dedicated exclusively to fire sprinkler systems without charge or at reduced cost. rt F. Consider adoption execute en aagreementcwitht Coopers end Meyor to Lybrand to conduct a comprehensive evaluation of the City's employee health insurance and develop recommendations for the 1991/92 budget. 06 Consider adoption of an ordinance authorising the Mayor to execute documents necessary to close an asset purchase agreement between the City of Denton and Baste Management of Taxes, Inc., for the sale, ttansfer and assignment of the City's commercial volid waste operations. 'a t rel.; ' 4 i; Asa - 4 Owl s City of Denton city council Agenda April 16, 1991 p Page 6 H. Consider adoption of an ordinance authorizing the Mayor, subject to applicable provisions of Article IV of the Charter of the City of Denton, Texas and to other conditions to execute a transfer station agreement between the City of Denton and Waste Management of Texas, Inc. requiring Waste Management of Texas to acquire, construct and operate a transfer station for handling solid waste. ` 1. Consider adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes. , 64 Miscellaneous matters from the City Manager. 7, official Action on executive Session Items: A. Legal Matters B, Real Estate C. Personnel D. Board Appointment.: a. Nov Business: r , This item provides a section for Council Members to suggest items for future agendas. 9. Executive session: A. Legal Matters Under Soo. 2(e), Art. 6262-17 . V.A,T.B. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T,8. i' C. Personnel/Board Appointments Under Sao, 2(9)0 Art 6252-17 V,A.T.B, NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE 6E86ION AT ANY TIME REGARDING ANY ITEM rOR WHICH IT 18 LEGALLY PERMISSIBLE. C E R T 1 P I C A T E 1 certify that the above notice of meeting was posted on the bulletin board at the City 11811 of the City of Denton, Texas, on the day of ,r 1991 at » oidlook CITY SECRETARY 3373C 91111 ~ CITV orcraroN, rEXAS MUNICIPAL 8UILDWO I DENTON, 'TEXAS f6201 / TELEPNONEf817l366•8200 MEMORANDUM DATES April 9, 1991 a,YZ' r, t qp; Rick Svehla, Deputy City Manager , +r1 i" ;.?+'•G FROM= Jerry Clark, Director of Engineering a Transportation d* SUBJECTI Consideration of raised median for Loop 288 y. The enclosed letter from Dwight gird first of all chows that progress is forthcoming on this badly needed project. Both ,o ti ' traffic and drainage will be greatly enhanced. The major issue } to resolve now is whether the median should be raised or flush 4 {continuous left turn lane}. The sections for medians are also rry F, enclosed. Loop 288 needs to be a controlled access roadway. On the i ; 1,11 lie sections from UE 380 north and west to I35, the City is working. to develop frontage roads and other controlled access measures. exisn section of Loop 288 from 235E to US380 functions 4>:rd a The ti g eak hours (7-9 am and 4-6(,m} satissffacactorily now except during p FF, and heavy shopping periods at the mall. One of the worst r features is the total lack of access management which placed the through traffic in a situation of not knowing exactly whets a° L•urn movements will occur. A median with properly designed F turn lanes including vehicle stacking bays can address and solve this issue. Our projections using Transplan place up to 45,000 dace per day in this section by 2010 which is more than double the existing: volume. Even in front of the mall we are only at 25,000 vehicles per day. final major benefit to the median will be the enhancement -rt. 1 that can come from landscaping with grass, bushes, tress) and hardscape like our bomonite (red brick concrete). Loop 288 is c]assified as a major entranceway deserving of both fi.' bow, r beautification treatment and traffic safety engineering. Please consider our recommendation to be for the raised median section for Loop 268 from 08380 south to I35E4 mr s f 09 E .H..: Y 1 a I~ t ♦ tltdlU'M"r•••a. d"iViyy i i, L p 1f{P tY 11 I COMMISSION STATE DEPARYMENT OF 141CHWAYS n.oXnl~a~luroe IIOIIRT H. DIOMAN. CHAAMAN AND PUBLIC TRANSPORTATION ARNOW W. OLmk r,1. ~ ' I MY 610Y,111. A P.O. lDX IMt ' WAYM1 I OUDDLESTIN DALUJ, UXAS 11111 lkf 0141040 2624 W. Prairie, Denton, Texas •76201 ' March 1S, 1491 COWACTi 1 Control) 2250-01-0,L2 > Highwayi Loop 288 Limital Pram South of U.8, 380 To War 1.H. 351 ~w. Countyl Denton F, Mr. Jerry Clark I City Engineer 215 E. Mainnsy Denton, TX 76201 t' Desir Mr. C1ark1 ; :';ter The Denton Resident}, is currently preparing the plans loe'the above project. We propane to reconstruct the existing two laM miai m ' r roadway to a six Ions urban facility. The depart"nt current policy Is to construct the roadway with a flush median unless the,looal city requires a ralsad median, k On recent projects the city has regwsted relied Wiens, If you Vailt f to continua this policy, plisse request a raised median for the Loop at this time. A typical section showing the proposed roadwy with a raised ardian is attached. Plasma respond with any carnlants you have regarding the proposed ea»truction and state whether or not it anfom to your City's development plans if you haw any "time, plebe contact David Hensley of this office at (917) 357-14144 Sincerely, % 004 Dwight a. vied, P.E. { Resident Enginar . i ~ '..+....rennw d.y.u.r..,„ v• ;'.T .....I-!WAeJp F'My'~` k y;. 0 : 1 I! 66 1 j LOOP 288 3 60; USUAL 60' USUAL tt as F, "j I ft 2 36' 3G' t d: CURB CUB URe i r e *A, , PROPOS 80 ' TYPICAL CRdSS -SECTION I11 7~ 1 i 1 • ~ „ s r9~.,~r r 1 a r,~ 1' 0 4' Py 117- aa.: CITY of DENTON / lib E. MCKlnney 10e00n, 1exeS 76201 MEMORANDUM ti r ■ ■ r ■ • r • r , 4 TOi Mayor and Members of City Council Y? V j FROMi Steve Brinkman, Director of Perks and Recreation DATle April 11, 1991 }i' a SU&MCTI Space Master Planning Services As Council is aware, the Space/Faellities Master Plan is projected to ,be completed this year so that we cad start making some critical doetsiods od ^i 1 4; ;r facility expansion and renovation, This plan has been a Council goal ,for the past two or three years, and funding was authorised by Council to lest yaati~s - o4 budget hearings, The funding identified at that time was to get SO portent'^0[.; ti'.• the cost of the study from the Law Enforcement/Court Complex Dodd funds 'dd the other SO percent from Utility funds. We have solicited proposals for this study, and attached is a copy of RFP 11199 for your information. its that received proposals from seven qualified firms, and we Interviewed rive. These time includedt Brown Ral"eolds ` Watford, Corgan Associates, SPS Consulting Croup, ttirk Votch 0111t, Ida., and' ;F Alan Nelson/Richard Cooper. ] The two top firms, identified by staff through those intervlews and review of, i ualificationa, have bath submitted written proposals which ranged frog 112,300 to $98,1206 We would like to get direction from City Council on a rtpating a contract with Corgan Associates who submitted a not to exceed } 12,S00 price for doing this project. { loi r ' d14 "y ~ In If . ` 1 , II r r Steve Brinkman Attachaente ADH01061 l Y Ff , t .1wT 1 d*~Y,. . I t r i'. V, 11 n w} r r , 01 S r r4t~ "~tA~Pn~'!d%"N~'dla~Y~({~11~~M.hri w. i',aere.aa L ~ "i 1 r y; 1 hiz wool ` Novo 01191 PROGRESS REPORT i CITY COUNCIL STRATEGIC PLAN GOAL/PAIOAITYi SPACE PLAN IMPLEMENTATION TEAM Stave Brinkman Bruce lenington Toe Shaw Roger Wilkinson Betty McKean Harlin Jefferson Michael Jot Ernie Tu11os Jerry Clark Bob Nelson Debra Drayovitch Frank Robbins Sandra White Gary Cotiint Rick Svehla OBJECTIYE/TASK ASSIGNED TO NEEDED BY ACCOMP• RESULTS IMPACT ON BUDGET AND/ LISHED OR CURRENT ACTIVITIES ; 1. Get estimates for Space/ Tom Shaw 1311190 Yet Estimates were Facilities Mutar Plan Bruce Henington secured from Ernie Tu11os numerous archi• 5 Stave Brinkman tectura0/Ptennfnq firms Is Develop en AFP to nin a to Shiw 1/1/91 Vol We were ant fire to undertake a Bruce Hemington out in January, FI Spaae/Fatilitiea Matter Stave Brinkman }gg} plan Ernie Tulles Frank Robbins y . Bob Neltam ? 3, Hire fin to complete the Ernie Tullo$ 4/30/91 No Hew interviewed plan (sit$ It months Frank Robbins five fine and C pletion) Tee Shaw negotiated with h; Brute Remington top fire. (Take Executive Cam. to council) 41 At soon as tM Space/ Tee thaw 10/1/91 No a Facilities Matter Plan Bruce Remington r , ' deterofnes the location A i' oger Wilkinson for the LECC, land Michael Ju should be acquired as Frank Bobbins soon as possible r 1 t i yi , r , t ` 'r : r R. v it s p ,i4 .i. rl a u Now P'%R(SS REPORT CITY COUNCI6 STRATEGIC PLAN GOAL/PRIORITYi SPACE FLAN r OBJECTIVE/TASK ASSIGNED TO NEEDED BY ACCOM- RESULTS IMPACT ON BUDGET AND/ LISHED OR CURRENT ACTIVITIES S. Develop RFP for LECC Tam Show i year before No j200,000 in CIP funds , architect and hire Bruce Henlogton uIe of bonds will be available at architect. Project Nlchael Jos for LECC oft tfkw tot archl• will also include Sondra tlhlto teetural sdrvicel tM renovation of Debra Drayovitch stout the cost for + Y`l of the old City Hall Harlan Jefferson the comprohonslve !*/l Jerry Clerk Space Study „ a-, 6. Begin construction of Bruce Nenington To be deter- No e. 12,2008000 in CIP ;x LECC pat. 12 months) mined funds will be mil. Y able by this time for t Rr the conftru0ti04 of LECC and renovation of the lA SW$ Police Station (Old Ir' `r city Hell) i ` X11 7. lapin renovations at Tom Shaw to be deter. No 1200,000 in tie funds 4 the existing Pollee lruee Henington mfMd w will be aveflafite at " Station (old city Michael Jai this t1016 for whe R` Nall) Department Dirt ration of'Ae'Old who will be 'R moving into the City Halali for eddltlonal Is lorpwra. " building o*nts~to,the 4W j y Y h l Polfet facility I , I I ♦y, 1 ( y ,a J t!t ~xa~. 1s iy'r F y~ x r. X rte, ~Y: it i, l % * i fr' Y I 3 ~ I d ~ I C Y Y: pq 4~i~.I Mr f Y,.. , J . 1 r L yy x- 1 fx a I, n ~ i 1 LI !!K 1 PROGRi55 RE~JRF I f CITY COUNCIL STRATEGIC PUN 0AL/P0.IONITYs SPACE PUN ,at OBJECTIVE/TASK ASSIGNED TO NEEDED BY ACCONP- RESJLTS OIMPCT ON R CUAAENTBACTIYIIIES Ii SHED 8. Complete construction of Bruce Henipgton To be deter- No i LECC and saw stiff to Michael Je: mined . facility ' 9. Start construction It old Bruce Henlnpton To be deter- No City ml 11 months) mined 10. HIM a space planner to Tom Shaw To be deter- No This will need to'bi develop and coordinate Bruce Ilenington mined budp w in a future FY if tM scope of A' a move plan when the Dapti, involved this move effects existing Police Station is near completion more tfiin rtes tt Or e thrN dapartMnta f ~ ;r CIP Funds Become Awilibler R+ February 2OO,o06 1 To be determined 12,400,000 Y AM" r wq y rr Ff,, .4p" Y , 5 I ' p~. t ~ , r r4 g t?, 4T r z r J 3 'r +~r i, dry Wool 4 F r , CITY of DENTONO TJxXAJ PURCHASING DIVISION 1 901.8 TEXAS STREET I DENTON, TEXAS 76201 . Y I r Dear Prospective Vendors ra r Proposals will be received by the City of Denton, Texas at the Office of the Purchasing Agent prior to 2100 pia., Thursday, January 3, 1991 t~ for the followings °r RFP 11199 fs Space/!!aster Planning Service for t„ Future Spaca and Faeilittaa for the City of Dentoe, Told$ " Vivo copies of the proposal must be submitted and must contain the information requested in sufficient form and quantity to bass a kr~ w' and selection of vendor.{ 1 racommendation Please note a vendor's prs-proposal conference will be head on Wednesdays ; January 9, 1991 at 2:00 p.m. The conference will be hold At the making facilities oft Martin Luther King Jr. I~ Recreation Center aA Y i 1300 Wilson M.~ Denton, Texas 16201 ~y Sincerely, Tom D4 Shaw, c.e,x. :rPurchasing Agent • Imh t r r i S, " all/56d 8?I f D/FW MEM 26100 2 ,Y , tr6.::gin. Yep l } 1' 4 a REQUEST FOR PROPOSAL FOR SPACE/MASTER PLANNING SERVICES FOR FUTURE SPACE AND FACILITIES FOR THE CITY OF DENTON R F P l l 2 9 I Introduction The City of Denton, Texas, invites Architects/Engineers (A/E) with master planning expertise to submit proposals for providing a comprehensive fifteen year master plan for all City building ;r facilities, The study shall include an analysis of all existing buildings, plus other facilities that may be made available to the City, such as the now vacated Moore building. The study shall include recommendations concerning the future use of j 1 r.p l existing or available buildings and shall recommend future now buildings. The study to not intended to comprehensively analyze I, the future needs of the Fire Stations, Library, Recreation Centers, Water or Wastewater Treatment Plants, Electltla r Production Plant, or Electrical Substation Bulldinge; excapt as to how existing facilities and future facilities as proposed in each respective department's master plan may be lncorpotatad ° into appropriate use by the related department to address the, needs of the department. The A/E shall present various alternatives when recommending a change in use of an existinq facility or when proposing construction of a new facility, The r` study shall include conceptual design plane that adequately, demonstrate the feasibility of the recommendations for the ` i existing and proposed new facilities. The WE shall, in the draft stages of the study, present more than one alternative tot' utilization and layout of each existing and proposed new facility. r, obfeetive + rr~ This objective of the A/E space/master planning study is to work r with the City staff tol 1. Inventory.present building facilities; g. identity existing constraints; I aY`' 3. Develop a 15 year forecast of future personnel and 4 facility requirements and, with this information, 4, Develop a list of needs for future space taquirementa; S. Develop recommendations of the future use of existing facilities; b. Propose such new facilities as are determined necessary, and i .7 I 7. Recommend renovation and/or repairs to existing or available buildings necessary to render them serviceable i.; to most the master plants designated use. e by 1 i k' 18808 ta(' i b'r r i sill Request for Proposal Page 2 The A/E shall analyze, and take into consideration in the master plan recommendation, the location Of existing depanrtments !y n relation to their functions and their needs to be i proximit I to other departments and facilities, plus external factors of public access, central location to a departmentis service area, access to major arterial streets, etc. The study shall give consideration to existing master plane of individual departments, such as Police, Fire Department, Library, Parks, etc, The A/E shall consider multi function site$ where possible. I t j I Interim Use of Failities c The A/E shall take into consideration in the overall study, the potontial opportunities for leasing city spyace to other entities f temporary excess space is available in a proposed new or renovated facility. The A/E shall also explore the use, of external compatible shared space with other governmental or 1 j private entities where such sharing of space will be financially ' ~beneficial or enhance the city service being provided. Thj A/L+ shally° provide a plan for interim lacilities whip renovation or construction of new facilities is underway. The A/E shall also work with the City staff in developing a I ' relocation plan for all staff that are proposed to be re-assigned to new or different locations, Conceptual Designs y ;c The A/E shall ` facilities and provide conceptual designs for altering existln proposed new facilities. it is anticipated that preliminary designs would be developed at a later time prior to final architectural/engineering design work. Cost Protection The A/C shall prepare generalized cost projections for the land, I construction, and A/C tees for the proposed new facilities or I recommended renovations/repairs of existing or available laoilities, Schedule . The A/C shall prepare a schedule for the study, The City of Denton desires to initiate the study no later than kirch 9. 1991 and to have a completed product by Se e e the recommendations can be included in the C tyi8 cso that apital improvement Planning proooss. 10909 r" f I I Request for Proposal Page 3 Final Report The A/E shall prepare a draft report for review by the City's designated space study team. The Final Report shall be The report shall generally include presented sections h on but y not Council. limited to: „ 1. inventory of present facilities 2. Use of present facilities 3. Forecasted needs (five year increments) s Contents of Propptal The architect/engineerls proposal should be concise, and completee and may be supported by charts, photographs, and other - exhibits. The following will be required for the evaluation r . process: 1, Qualification of the A/E firm and team that will be directly involved in the project: 2. A description of the manner in which the A/E personnel will work with the assigned City staff: 3. A list of relevant projects and clients that may be r kL contacted for additional information: and 4. A list of team members and a brief resume for each, ; Mothod of Selection Proposals will be reviewed by an evaluation team for the purpose 4 4 ~a of identifying and recommending those firms which offer, total, the highest qualifications and team composition for this type of project, The firms recommended may also be intetviewed a, by members of an evaluation team with the express intention of ka recommending a final short list of firms. The recommendation will be sent to the City Council for their consideration and actions r' The proposal will be evaluated on the following criteria: 1. ArOhitea/g er team composition and organizational en !ne . t adequacy: ri 2,,Expeciende with similar master municipal government and utility matter planning studies: 3. Quality of past work: 4. Satisfaction of previous clients; °i. 5. Ability to co-.,plate the study on time and on budget: ~y f 1880e oppm ■ -Request for Proposal i ; Page 4 6, Manner in which the architect/engineer team will work with the staff; 7. Financial stability/credit history; S. Quality of presentation; 9. General impression from oral presentation 10. Exparience in planning for and designing the following municipal facilities: a. Law Enforcement/Jail b. Electric and Water Utility Service Centers r.` c. Controlled Environment Facilities for Computer Systems " d. Municipal public access centers such as Utility Customer Service, Municipal Courts, Planning, etc, e. Vehicle Maintenance " Architects and Engineer - Fee will be negotiated as a ortion of the final selection cocoas and . s' ehou M~ p 1d not be submiptted ar a portion of this proposal, Miauallan,ous Information ' The City will provide: 1. Oenetal population forecast 4". j 2. Utility customer traffic forecasts R " 36 Demographic data for functional areas such at Polido' and Jail functions 4. Available drawings of existing building 5. Topography of any proposed sites . b. Building related codes 7. Mastor piano for various departments v4,~ S. Existing financial resources ' pre-Proposal Conference i A Pre-Proposal conference will be held _ Janu&rv 9. 1991 at 2,04 ve in the office ofs Martin Luther King, Jr., Recreation Center r 1300 Wilson i Denton, Texas 76201 T 1880e y i. i j. Request for Proposals Page 5 is Deadline for Submi orn Five (5) copies of the by _ 2t00 0 proposal must be receivod should be deliVeCed' to: January 31. 1991 All proposals ll City of Denton Purchasing Depsrtment 901 B Texas Street Denton, Texas 76201 e l Attn; Tom Shaw, Purchasing Agent " s °I Additional Information ,r f In the event clarilication or additional information is needod, Please contact the following in writings Tom Shaw, Purchasing Agent (817) 383-7100 s , r+ r D/FW Metro 267-0042 Fdx N (917) 382-e692 u i. 1a ' A10 a ' A '4 5 ' n' r 18800 " +iy f r/`1 EXHIBIT I BACKGROUND INFORMATION ° PORNIation b OrOWth The City of Denton has a population of approximately 70,000 with a City staff of approximately 900. The City expects to grow at approximately .5-2,5% per year over the next 10 years, 'i Departments Stafflna 6 raeili lee ' " The City provides the following services and has staffing as indicated to support these servlcee, Number rF Deoartment o 0 1 Location L' r?` I s General Government City Manager's Office 6 City secretary 1 city Hall City Hall Municipal Services, 4 r { fJ 'Economic Development, General Administration 4 City Hall Environmental Services, Animal Control, f 'fhb$ Environmental Health 12 Animal Control Code Enforcement S City Hall Parke & Recreation 61 1) Civic Center, ` n' 2) Service Center 3) Senior Center 4-6) bIthia, North Lakes, $r and martin Luther t, Kinq Eeoreatibn . " ~ Centers ' t ~ 9 Library. 29 Library Personnel 12 City Hall Annex 1k 4 1. I, ~Ij Finance. Administration 5 City mail Purchasing/Warehouse 9 Service Center customer service 26 Clty Nall Treasury a city Hall Accounting , 12 city Hail Tax Office 2 city Hall ~u municipal court 8 City Hell AI n information Services 17 City Hall Annex Word Processing a City Hall k.. f , . iSSOe .f` ' I o,. t t r f. Owl ! Background Information Page 2 Number Department Of PeoDIG j.acation P3anninc & co munity Dev Adminlstrat on/Tech Staff 11 City Hall ; Main street i Main Street office i Inspections S City Hall Police Dena ment 132 Police Station Ja il 30 Police Station , Fire i VepartmAnt Administration 30 Central Fire Station Prevention 4 Central Fire Station ,..t Emergency Management 1 Central rice station t; Operations 69 Central Fire Station Emergency Medical Services 16 Stations We Mai A4, N5 q: Local Department 7 City Hall ~Y Courts/Judoe 3 City Hall Enaingazing/Tranpoortation Engineering 25 City Hall yank: Traffic % 7 Transportation Annex f' ,t Street Department F` 21 service Center 1 t Airport 3 Airport k Adm n sttdtion 4 Service.Centet Drainage 6 service Center ` solid Wasta r z Administration 4 service Center Collections 46 Bervioa'Center Landfill 7 Landfill Energy Management 4 service Center ?last services 13 Service Center Machine Shop 3 service Centex x A 4 ? 11 " r/" r nr~l. t ,y~'t I 1 LY :.II ! : 1 . t N • x~l' •x s" t, s , t 9ackground Information Page 3 Number oration ~ Deua~t o!_ PeoC1t~ . naositment of Ut111tie9. ` all is Department Ha 6 City Ha nistration service center dm A e ec i i ut . a x Electric Administration 2 service center Electric Dispatching 10 Service Center Electric Engineering a Service Center Energy Management Spencer Plaint k • Electric Production 61 Service Center rt P Electric Distribution 19 gervice center Electric Metering 5 Service Center Electcic Communications 6 Locust Substation t. Eleatcic Substations Setvice center Electric Street Lighting 1 Field office y„ Electric Special Proyects 't, d.` , Ovate 1 , g Service center Water/WW Administration 11. Service Centet, Water/WW Engineering 22 Hater Plant. 4,. Water Production 24 $ALYlCe Center 4 ' Water Distribution 14 Setvice Center Service Center Wastewater Collection 9 } „ Water Meter Repair Wastewater Pla WW Treatment Plane 'E nt 26 WW Treatment Plant 10 Municipal Laboratory k' (F S: r ' ~r ~ 199oe i „ ~^t 4 n- O "jr i 1011 F Z. I Background Information c Page 4 Law Enforcem2n&/Courts Center Complex The voters have approved the issuance of $2,600,000 in general I obligation bonds to construct a Centralized Law Enforcement/ Courts Center Complex. However, due to recent declines in the ad valorem tax base, these bonds have not been sold, options have been considered for this complex, such as a new building in the general vicinity of the downtown business area, or the utilization of the ,Moore" building, Moore Building F , The Moore building is a 150,000 sq. ft. vacated Moore Business Forma factory and administration building constructed in several stages from 1947 to 1975. It is located in the east central area of the Denton Central Business District. This building is a being donated to the city by the Moore Company. No dooision has been made on the use of this building. No firm decision has been made on any alternative use for the Law Enforcement/Courts Center Complex, f ~a tiny, ~ 4 ;t city Hall .I The Denton City hall was built in 1968 and was designed to be expanded to three stories. The present City Hall houses Ooneral Government, Council Chambers, City Secretary, Utility Executive l Administration, municipal services Office, Public Works Engineering Department, Building Inspections Administration and 3 Crows, Planning Department, Finance Administration, Accountings Tax Office, Treasury, Utility Customer Service, City Judge, Court Clarke, Legal Department, and the Word Processing Center. The facilities were remodeled approximately seven (7) years ago to better accommodate the various offices, but space is very limited and man functions and offices Y previously located centrally at C!tY Hall have been relocated elsewhere in the Cit Police DIDACtMint, The Police Department has occupied the historic City Hall since approximately 1983. This facility, although fairly recently renovated, has proven to be too small to accommodate all police functions. Also, additional )ail space is needed. The Police Department has initiated a Community Oriented Police Service (COPS) Program, wherein neighborhood Police canters may be an f appropriate alternative in the future. One such eentAr has boon .T; opened. These may include other City facilities or services ae well as Police seevicas. t c .9' . , 1880e I I ri n 1ry.Y f bs Background Information Page S The consultant should examine the possibility of decentralized services. Neighborhood centers may include other human, code enforcement or customer services. Municipal Service Center ' The Municipal service center consists of a Main Service Center, Warehouse, Garage, Machine Shop, Traffic Shop, and Putchasing, i ° The Main service center has space on the second floor for Electric, i ' Water and Community services Administration, Secretarial, Engineering, and Utility Dispatching functions, in addition to a k" large centralized training facility. The main floor has four main crew rooms for the Electric, Water/ Wastewater, Streets/Solid a..' Waste, and Parke & Recreation Department field crews, In addition. the first floor houses an Electric Meter Shop, Water Meter Shop, and a Communications Technical Shop, which servico.i "h fib; all radios for all City vehicles. City Hall Annex 5 Y `a The City Nall annex is located across McKinney street from City j Hall and houses Personnel, Information Services Divisions and QUEST, Information Services' main function to to support the Utility Customer Service Department and Finance Department, both located in City Hall, plus the Geographical Information system, which has terminals at City Hall and the Service Center. gtLlitY Dispatch Center The Utility Department has budgeted for the construction of a Utility Dispatch Center to house a staff and computer control system that can monitor and control the Electric Utility System on a 24 hour per day basis. The center m,v also house a central switchboard and dispatcher to dispatch water/wastewater field eervioe crews, and other City public works functions. Fleet E1eVice/Machine Shop The Fleet service area consists of approximately 12,500 square feet of work space, Presently there are eight (0) bays that occupy approximately 10,000 square feet, a parts storage area :.f ' approximately 1,000 square test and an office area of iS,O00 square feet. The Fleet Service Center currently services 460 i, p eras of coiling stock and 140 pieces of miseallaneoue i£+5 equipment. An annual growth rate of 3 to 4% is anticipated, f! The Machine Shop is presently 4,000 square feet and consists of a machine shop and complete welding fabrication center. 19800 i, 5 h I ATTACHMENT A 1. Recommendations of specific requirements of: a. Law Enforcement/Court Complex/Jail b, Information Sorvices c. Personnel d. Service Center e, Garage/Machine Shop f. Utility Dispatch q. Warehousing h. Solid Waste 1. Central Fire Station 6 Station N3 Main/Satolllte Library " 2. Needs and recommendations of selected functions M a. City Hall/City Executive Administration b. City Socretary c, Customer service R•' d. Tax Office a. Utility Engineering/Administration' f. Utility Field 0porations q. Building OperatiOno h, communications i, Finance/Accounting/Treasury y{~ Substation maintenance k. Personnel 1. Building inspections m, Engineering and Transportation n, Records Management o. Planning/Developmant p, Legal. q. Purchasing r. Packs and Recreation Department 4, Library ; t. Animal Control u. Code Enforcement fib v. Quest w. Information services x. Word Processing center y. oacage/Machine shop 3. Alternative conceptual designs r; 4. Recommendations of use of existing facilities and 5, costoestimateAaoilities 6, schedules for implementation 7, Recommendation on schedules and action stops to ~rt implement departmental relocations whero necessary at Recommendation on schedules and action steps to implement facility design and construction ~1$804 Y1 1 ~ 3 J .r,y I ' fi. April 16, 1991 4 CITY COUNCIL AGENDA ITEM' TOi MAYOR AND MEMBERS OF THE CITY COUNCIL FROMt R.E. Nelson, Executive Director of Utilities , J REt RECEIVE REPORT AND HOLD A DISCUSSION REGARDING THE PROPOSED CONTRACTS WITH WASTE MANAGEMENT OF TEXAS REGARDING THE TRANSFER OF ASSETS AND THE CONSTRUCTION AND OPERATION OF A TRANSFER STATION SUMMARY/BACKGROUND , Included in the regular Council agenda packet are the I final contracts for thb Waste Management. Sorv16e Contract (Sale of commercial System) and the Transfer Station Agreement$ Included herein is a $'Summary of Transfer Station Agreement" which highlights the main r't points of the contract. Attached herewith is the memorandum from Lloyd Harrell " to the City Council dated March 99, 19910 which ,rq outlines the four basic optionsi I - Reject both contracts and continue status quo II - Reject both contracts and city assumes the exclusive collection of commercial solid waste III- Accept contract for sale of commercial system and k - reject transfer station contract ' IV - Accept both contracts Also snclosed is my memo dated March 290 1991, reviewing the sale of the commercial system, 'Since the details of that contract have not changed, the analysis remains the same. Please note that, in the authorizing ordinances, the transfer stat'.on agreement is not authorized to be r.. signed until after the closing on the sale of the commercial system, 1.2 . q4 1 I ~ l. 3 i S i 1 C r'.. I 1 I r FISCAL SUMMARY Analysis of Present Contracts The financial analysis that the staff has been referring to since the February S, 1991, Council meeting has been based on the analysis completed at that time, with assumptions and terms and conditions applicable at that time. In the February 5th analysis, ; a standard was set for the residential and commercial rates, and the focus became the net income, loss and cummulative gains and losses. With the conclusion of all negotiations wherein terms and conditions are now known, the staff has again run the financial analysis, ,f•' This analysis looks at four basic options I. Bell commercial and contract for a transfer wi,t station, and it is completed by October 1993 (early) „ 9, Bell commercial and contract for a transfer station and it is completed by October 1995,, (late) 3, Bell commercial and keep landfill) direct all solid waste to Denton's landflllj expand landfill in 1996; build new landfill in 2003s 4. Continue status quo and assume that Denton continues to keep present commercial customers and . f gains new customers in proportion to population I rowth expand landfill in 19961 build not ' andfi~l in 9003. in contrast to the February Sth analysis, this analysis reviews the options in two basic approacheaj IC 1. Residential rates are continued at the present rate of S9.95/month and increased thereafter only in an amount sufficient to have the solid waste system break even. This analysis then produces annual and cumulative net gains and losses that are uniquo to each { option. This analysis approach provides the bout I reality of anticipated residential rates, 1 ti' 111; ~ A• > 1 ,nw F i r 2. Residential rates for all four options are fixed at the highest of approach fl above. Thiu analysis approach does not show the greatest likelihood of actual residential rates, but by setting the residential rates the same for all options, It allows the analysis to compare the annual and cumulative net t gains and losses against a common residential rate. In all analysis, residential rates were set at $9.95/month for 1992 and raised thereafter as required to "break-oven". If, due to a payment from sale of the system or from the transfer station contracts, the „ residential rates could have been reduced, it was assumed that, rather than using the money to reduce residential rates, money was do in an interest bearing fund and used later at the Counoil's discretion. Commercial rates were assumed to increase byy 3.51 per r` year from 1992 through 1997 and 51 per year thereafter, which is the same assumption for commercial rateo'ar used in the February Sth analysis. wM,, 3 Landfill rates wore set to be sufficient to cover estimated costs plus 201, but this 201 extra revenue ; was used to subsidize the residential rates, Thls subsidy represents approximately $2 to $3 per month an the residential rates. In the "tip ing station early" option, the system loser 1 approximately $400,000 in 1992 due to the extra ? #"s + operating cost resulting from rapidly filling the landfill. It was assumed that Waste Management } accounted for an estimated two-thirds of the total 275,000 yards of contract solid waste delivered to the landfill, Waste Management's charge would be ; Y $1.25/yard and all others $3.45/yard. in 1493, the residential rate is raised to $11.74 and remains there until 1998 when the transfer station tipping toor begin ! a to exceed the revenue from the $11.74/month charge plus ,a{ the revenue received from the transfer station contract. a The "Sell Commercial, keep and expand landfill" option assumes to keep the residential rate at $9,95 for 1997 through 1997 even though it could be reduced due to the revenues received from thu sale of the commercial system. i 1 k v .rv 4 .i ' 1 1 1 i1 I ~ After approximately 19971 all options are at approximately "break-even" and most of the significant payments from the sale of the commercial system and transfer agreement have been received. On both of the transfer station options, it was assumed that approximately 400,000 cubic yards of non-residential solid waste would be processed through the transfer station in its first year of operation and escalates suat p yard on 5% per year. approximately 12.5 years. volumes for npp Y The graph shown on Exhibit IA which is the "break-even" residential rate graph, the "Early and late tipping f stations" option rates are almost the same from 1997 50 by 2005. onward and escalate to approximately ;16. J The "Status Quo" and "Bell commercial, keep landfill" 1 options remain lower and similar from 1992 through 1996 and separate from 1997 to 2000 with "Status Quo' going higher, but still generally staying below the "transfer station" options and then the two rates are fairly ; close together out to 2005, wherein they range from :13,48/month for "Status Quo" and $14.54 for "Sell commercial, keep landfill", Exhibit IC graphically; Illustrates that the "Sell commercial, keep landfill" option provides the beat short and long term financial , result. Although the "Sell commercial, keep landfill option shows the boot financial result, the • cs a e the co tai t of future a dfi o • a e a s Assoc a w o• Exhibit Ith indicates the residential rate used for the second enalysie approach and Exhibit Iroaoh~ shows Thth* le, cumulative net gains for this analysis app analysis indicates that, if residential rates are held the same for all options as is required to produce a "break-even" ratio for "'Transfer station early" option, s the "Sell commercial, keep landfill" opption results in over $13 million cumulative revenue by 20050 "Status Quo" is the next best option at approximately $6 y.,..•. million. Exhibit III shows the estimated landfill rates And tippingyg station rates used in the analysis. and operatin costs are assumed to escalate 5t per year and this rate, T hi a 20% above cost margin is included in t 20% margin ropresents a range of $340,000 to $450,000 each year, i i t, i < Respectfully, 1 R.E. Nelson, executive Director Department of Utilities Exhibit Z Summary of Transfer Station Agreement i1 Ltro to City Council from Lloyd Harrelly 2/29/91 iii Ltr. to City Council from R.6. Nslsony Y ; 3/29/91 3A-111 Financial Analysis Sheets p ,a+4 i 1 h I i E jJ /Y !ry a f 3''j i 'vZ 1 Y a +YG 1 ' ~v Y ' Y1 vA i { H- YAK CIF n S }h LI EXHIBIT s" SUMMARY OF TRANSFER STATION AGREEMENT 1. Term { 20 years with city right to terminate at end of 15th j year. { 2. Location Location of transfer station to be within the city or ETJ or within a 12 mile by 12 mile square area which ` center is the Denton County Courthouse. f , a 3. Alternate City Site Oxon on s to owned by city. If WMT is unable to find a site on which they can got permits to locate a transfer station, the city will extend an option for three years, wherein WMT can purchase a 30 acre site v adjacent to Denton's landfill. If road improvements as determined by Denton are needed to utilize the city site, Denton and WMT will share in \r.` the cost of such improvements on a 251-751 basis respectively, up to a total of $500,000. If the total cost of road improvements is greater than $500,000, TWM may not participate, but if Denton wants to assure that a transfer station is built, Denton could pay for any additional improvements, 1. LS uidated da~msq•s .1 in the eventago 0029 not build the transfst station# ; WMT will allow Denton, as liquidated damages, a credit { F of 820 per yard off of the prevailing gate rate (or limit their tipping fee at the DFW landfill to $103 per yard plus CPI1 whichever is less) for a quantity of solid waste equal to two times the quantity that WHT disposed of in Denton's landfill for the $Ia Wyard fee up to a total of 1,272,800 cubic yards. 51 Comp_l_e._tionA me_ -WNT must, within 3.5 years of contract date, have the transfer station o erational or be able to show it will be oporational within 12 months or City assumes dofault t and the liquidated damages provision is initiated and `i Denton would be free to pursue other solid waste disposal alternatives for Denton. 64 _Cgmmmerc~ial Solid Waste There a is no requirement for commercial solid waste to { be directed to the transfer station. WMT will set the price based on market forces. y. t .y wi r , hover v ..y ~ p< 1. { t 7, Use of Transfer station if City begins collecting commercial Solid Waste or grants a franchise after the 5 year "not-to-compete period per the sale of the commercial system contract# city will direct all commercial solid waste to the transfer station. , j g, Residential waste ruired to use transfer station j > City will-haul-or-direct a City o Denton residential solid waste to the transfer station excepti - Yard waste is excluded, ti Recyclable waste is excluded unless WMT constructs a resource citycoor franchiseifair amarket value for ' will pay recyclables (FOB Denton). - Separated recyclable waste delivered by residents -r,- to any "drop boxes" is excluded, 91 Re uirement to serve Denton solid waste needs , must Bill cdept , at Ui-l e trnne er stet on, all solid waste generated in Denton, except for their right toM1 i reject "special waetse" as they define such, Generally ' this would be such items as old refrigerators, auto s bodies, etc, 10, t:rl closure of Denton's landfill I naor er to fIll Denton s andfill prior to the effective date of Subtitle D, regulations or commencement of operation of the transfer station, WMT agrees to deliver up to 650,000/CY to Denton's ; re landfill. WMT will }gay :1.251CY for this, Denton can regulate the flow of this at zero volume par month, or f a range from a minimum of 51000 yda per month to 50,000 CY/month, but if Denton allows anyone also to diapose at Denton's landfill, WMT shall have a right to dispose of at least 50000 CY per month, There is no contractual restriction on Denton's landfill gate rate k for haulers, other the WMT, Ills, "Market Price" could prevail, which could mean a gate rate equal to or less than the D/FW or Camelot Landfill gate rates plus transportation which could be $4,50 to $5,50 per yard ti,} in 1992 and secalatable, il. R uired closure of Denton's landfill t C ty agrees to shut own is an 11 within 100 days i of date TWM receives all permits necessary to operate i . the transfer station. ' p; n J4 6t, &MAW~ 12. Payment for Transfer Station Assistance WMT pays Denton -$1,000,000 when transfer station begins operations, plus $175,000 each year for the following four years, plus 254 per yard (exclusive of residential waste) until $1,500,000 has been paid. The estimated initial non-residential annual volume is 400,000 CY, therefore, assuming a 51 per year increase, j payments will start at approximately ;100,000/yr and escalate to $282,679 per year by the 12th year when the full ;1,500,000 will have been paid. 13. Transfer 9tetion residential rates Trans er station rates or residential solid waste to a begin at $5.20/yd in 1991 and escalate at nationwide CPI plus regulatory indexes, which are subject to council review. If CPI averages 5% per year and there are no regulating indexes and the transfer station opens in October 1993 (FY 94), the rate will be $5.73/yd and escalate to $10.81/yd in 15 years (2006). ' Estate, Federal or local surcharge will be automatically added to any current gate rate. If city grants a # franchise for residential solid waste collection the f gate rate shall be $6.00/yd (1991), $6.62/yd by 993, i $12.97/yd by 2006 assuming a 5% per year CPI. 1 14. Trens[er 8tetlo Commerolal Rates Trans or star on rates or ommerciel Solid waste will be "market priced," i.e. WMT is allowed to charge a gate rate based upon their own business deoislons which will most likely be a rate slightly leer than competitive landfill sites plus transportation costs. 1 III if the city, or someone to whom the city extends I commercial solid waste collection franchise, begins collecting commercial solid waste in Denton after thu 5 ;yr! year "not to complete" clause, all such solid waste { must be delivered to the transfer station and the gate rate will be ;6.00/yd in 1991 escalatable by the CPI. 15. SRocial Waste Rates The gate rata or Special Solid Waste" is met by Waste Management. 16. etoa et DFW Landfill for Denton i Denton's an closes prior to completion of the transfer station, WMT will allow the city to dispose of residential solid waste at a gate rate of $173/yd (1991) adjusted annually by the CPI. This rate will be effective until the transfer station is operational or WMT advises the City that they will not be constructing a transfer station or paragraph five above becomes effective. j 17. Employees L WMT agrees to employ four of the City's seven employees. _ v. 3r. Wit 1 18. Concerns a. permit Conditions There is some concern regarding WMT's desire to have jurisdiction over accepting the terms of the Texas Department of Health permit for a transfer station. WMT has insisted on having final authority subject to reasonableness and good faith on whether they accept the State's permit. If they don't accept the permit terms, the transfer station can't get built, Denton's landfill will be full, Denton will be committed to hauling. all -residential waste to WMT'a qDFW uired tolandfill, haul toa commercial haulers will be requi t remote site, and Denton doesn't get the ;3,7 million. Denton does get liquidated damages in the form Of a credit equal to 810/gate yard for the residential waste Denton hauls to the DPW landfill (subject to limitations). The 810/gate yard relates to ;87,000 per year. The added hauling cost from Denton to the DPW landfill could range F k~; from ;700,000 to ;300,000 per year (;1 to $3 per yard for the estimated 100,000 yards), b. Transfer Station Completion Time z There is some concern about the long time period ' (4.S years) that WMT is requiring in the contract to have a transfer station completed, Although the ,~k 1 iVe ee 9gre city believes tiMT fully intends to a Y pursue the installation of a transfer station and work diligently with the State in getting 'e { . >1 permit, Denton will not be free to make other plans to handle solid waste disposal until the and of the 4,5 years. r, f ' u 4 y` 1 r +J . i X H1131 , Try of "MTON, ttXA.* MUNICIPAL BUILDING / DENTON, TEXAS 70201 / rEtgpH0NE'r017J 800.0007 0ftJoe at the C41Y Mane M E M O A A N D U M ; T0: Mayor and Members of the City Council 4 { pROMt Lloyd V, Harrell, City Manager DATE: March 29, 1991 SUBJECTI Proposed Sale of CoAmerolal Solid Waste System Per Council's direction, please find enclosed two Contraotsk+'i.''' related to the dale of our commercial solid Waste system to c,•t Nast$ Management of Texas, The filet contract Implements ths` '°j sale of our commercial solid waste equipment and customer list to Waste Management for $1 i 9 allIion. ' The second contract allows Waste Management to nstall a transfer station within f the community and, In return, remit to the city over tI%* ad k additional 014E million. Althouqh the provisions of 'these f~ w agreements have remained consistent with the earlier , documentation provided to the City Council, or have bNa °rA Improved to the city's benefit, the Utility Director and city Attorney have spent many hours negotiating final contteot { wording with Waste Management, We will be Prepared to dlscUff these documents in detail on Tuesday evening4 ;gyp The City Council has four alternatives in disposing of this issue, These aitsfnativee, with the associated advantages and disadvantages, are described below ~+l2L41LI l,s. r~ v. rr ::r CITY- AM 12 15111 Advantages I A4 This alternative Continues our current system and does not require the city and/or any customers to make any changes in their operations6 pros competition for commercial service would continue within the community, , K t Ptoposed 9416 of Commercial Solid Waste Meech 29, 1991 Page 2 j t Disadvantages: A. The two citizen committees which have studied this issue and the staff have concluded that this t i strategy would Subject residential and commercial ; customers to long range detrimental risks in the form of prices and service. B. Following Council's announcement of it's intent to ?4 sell the system, sevsral private solid waste firms launched maJor marketing efforts within the community for commercial customers, Several of our commercial customers have terminated city ylp service u a result of Council action and those , marketing efforts. The departure of these customers, and others who may leave because of the f related publicit will have a further negative j effect on the financial psrformaace of the solid waste fund. C, This alternative would ce uire the immediate action which would ultimately to gto the expansion of the city's landfill. At the ass# tims, the city will be forced to deal with increasingly stringent stag and federal regulations governing the disposal of solid wester D. The selection of this alternative would eliminate {'a F' the profits in the amount of $4,115,000 or 111,069,000 by the year 2005 associated with the Z,., other alternatives available to the city at this Y time, As Council is aware, these profits ate eirmarked to retire landfill debts and moderate future solid vests inoreasea, should this revenue source not be evailable, these objectives could not be realized, orzlaw_It 6SSILM "M IS MAZZIN Advantaaeai A. This aIt4rnativa is consistent with recommendations forwarded to Council by the Public Iz y?, Utilities board and the Solid Mute Alternatives Committee. to This alternative would result in the most desirable financial return to the city by the year E 2001 - 111.1 million, ai k ~t t t 7 i i ~N 1 F I1 + I I Proposed Sale of Commercial Solid Waste March 29, 1991 Page 3 i C. Council would retain complete control over solid waste fees for both the collection and disposal of commercial and residential solid waste. 3 Disadvantages: A. The financial return to the city during the next few years will be minimal and the cumulative net gain to the city will not exceed the "sell" option until 1997. S. The financial gains projected are based on many cost assumptions which could fluctuate ' substantially at the time of implementation. It is for this reason that the staff has cautioned 9 that this financial scenario, more than the others analyzed, contain substantial uncertainties and the projection needs to be'considered as "soft." C. This alternative would require the city to begin'&"-= immediately to deal with disposal alternatives and commit to be involved on a long range basis. D. The selection of this alternative will a substantial community opposition from thois who Y PDgeitlan food those who 1' argue for free competition in the area of collecting commercial solid waste. ' OPTION_ III ACCEPT THE CONTRACT WITH NASn MAN11QEMa'NT.lOR TE= SALE Ol OUR EQUIPMENT_AND CUSTOWN LIST_FOR 11.9 KILLION AND REJECT THE TEANNSPEE STATIOIf CONTRACT 1 (This assumes the city will direct commercial waste to the Denton Landfill at the ease cats as currently is the case $3.00 per cubic yard and 13,45 effective 10-1-91.) Adv tagesr A. This alternative would provide the city with 19.7 million by the year 2005 (8censrio 0) to be used to retire debt and moderate residential rates. 8. This option would provide free competition for commercial solid waste within the comeunlty, thus satisfying those who argue for a free enterprise system, C. This portion of the sale proposal ■ay be ' acceptable to most of the outside parties who have J expressed an interest in this subject - Chamber of Commerce and the ad hoc citizen group. i a~ " 1 Proposed Sale of Commercial Solid Waste March 29, 1991 Page 4 i I Disadvantages: A. Texas Waste Management has indicated that their 11.9 million bid contemplated their ability to use their landfill in Lewisville for disposal. Therefore, Waste Management may refuse to accept this contract if the city directs a portion of the waste stream to our landfill. Such a refection would jeopardize their bid bond (195,000) but would place the city back at square one in dealing i with out solid waste problem. f B. Waste Management has indicated that if they did accept this alternative, they would be required to increase commercial rates immediately although competition within the community may temper such an increase. C. The selection of this alternative still leaves the city with future solid waste disposal problems and i delays dealing with such. OPTION IV ACCEPT am CONTRACTS Advantages ~ f, r~' ~ aft . W A. This alternative ` generates net income for the city of 14.1 million by the year 2005 which would allow the city to retire all landfill debt and moderate residential solid waste rates. B. ~ Although the [avenue generated from thig . alternative is substantially less than that generated from the exclusive city service alternative, the fends are received by the city earlier and t,. rd to be firmer because of contractual conoltdo nts, C. This alternative would solve the city solid waste G disposal needs for at least the next fifteen yytire and avoid future cost and liabilities associated with running a solid waste disposal site, D. The implementation of this alternative would generate approximately 170,000 annually in city, county and school district taxes because of the establishment of the transfer station within the 4 city boundaries. I ~ • i I, . t Proposed Sale of Commercial Solid Waste March 29, 1991 Page 5 Disadvantages: A. Of the $S.1 million due the city, approximately $2.S'million is tied to Waste Managements ability to permit the transfer station. Although this permitting is not thought to be a problem and contract provisions have been included which will help guarantee its establishment, there is still a risk that for some reason such a transfer station will not happen and the city will not receive all of the funds due under this contract. 8. This alternative provides a transfer station that must be used by companies collecting solid waste within the community. Such a monopoly disposal' situation could weaken the ability of other solid waste firms to effectively compete and could leave Waste Management with exclusive control of the business.* C. The selection of this alternative does commit the city to utilizing a transfer station for future disposal needs over the next fifteen years,. Thule the city would be prohibited from taking advantage . of favorable alternative disposal arrangements which may develop such as other area landfill;and y. technological improvements which could enhance the possibility for waste-to-energy plants and `other alternative disposal methods. ; * This "flow control" provision may be deleted from the proposed contract pending the outcome of discussion$ between Neste Management and the city staff. U Li y V. Harrell City Manager 6Hsbw 529SM z , j w . G 1 FS XHIBIT I CITY Of DENTON, TRX" MUNICIPAL BUILDING / 21S E. McKINNEY / DENTON, TEXAS 76201 i i MFNIORANDUhf TO: Mayor and Members of the City Council l ~PPU: Lloyd Harrell, City hfanagei FROM: R. E. Nelson, Executive Director of Utilities f DATE: March 29, 1991 r . SUBJECT: SOLID WASTE hMkGEMEhT SERVICE'COhTRACT WITH ` WASTE K4NAG01F1vT OF TEXAS (SALE OF C04,TRCIAL ` SOLID N'ASTF. SYSTFM) I I Attached is the latest and, we believe, the final draft of the subject } contract. During the negotiations of this contract and the proposed } transfer station contract, it was agreed not to link the two contracts. ' The trorsfer station contract is still under negotiations but a signifi- ' cant change has occurred wherein WMI' has agreed in principle not -to require all commercial solid waste to be delivered to the transfer' station upon its estimated completion in 1993 or 1994. Residential solid waste would still be required to be delivered to the transfer station and any commercial solid waste that resulted from a franchise the City might extend to a commercial hauler in the future. It is ti anticipated that the transfer station agreement will be available for Council review on April 16, t the purpose of this new is to describe the main issues in the contract and to review the City's Commercial Solid Waste bus r mess and the effect of the sale on Denton 's solid waste operation. I I. ht4IN ISSUES i A. W r will pay the City 51,9000000 for the City's Commercial, r System trucks, dumpsters and for the customer list and Y. r n 1 IA2/032991047/1 8 17/S66,d200 D/FW METRO 4342329 ! f i I vo t ~ a'•r, a ,1 t , J SOLID WASTE DLWGDfENT SFRIIICE C[h\, PACT March 29, 1991 Page 2 assigyr.ent of existing customer contracts on that list at time of closing. i B. V17 a.prees not to raise rates to the commercial customers for 90 days after NIT takes over the customers, provided Denton does not require YZMP to dispose of the solid waste in rentcn's landfill at Denton's posted gate rate. C. r5,e City agrees not to compete in the commercial solid •%;ste collection business for five (5) years. D. hb.T agrees to hire Denton's Solid Waste employees (13) for a period of at least six (6) months, at the same rate of ) rav, credithgiv nefornlongevityracquired atWDen.ton'for,such benefits as annual % .cation ,hours, provided each such employee must pass hYr'r standard preemployment physical f and drug screening tests. E. Denton will conduct its solid waste collection b its traditional manner until closing, to preserve the e 1 operations, keep the employees, and preserve relationships with the existing commercial customers F. Establishes date of closing as April 30, 19911 at ' 3;00 P.M., whereby f?fT will take over all operations immediately. 12. CITY'S CaNERCIAL SOLID iVASTE BUSINESS Attached is the Commercial Solid haste Pro forma iron :he staff's Scenario 08 document of Reference Materials provided to Council on February 5, 1991. The City presently believes it provides approximately 60.701 of the commercial solid waste collectior. service in the City of Denton. As of October 1, it had 1,060 commercial customers and has added a significant P.ccount (5139 000/year), the University of Forth Texas, since that date. The customers, rabic v#rds collected the revenues operating expenses and not gain for 1999 and 1990 plus anticipated for 1991 ig listed below: E, 'i j I IA2/032991047/2 i "Oki 0 - M GOLID WASTE MSNAGBU~T SERVICE CONTRACT March 29, 1991 Page 3 1989 1990 1991 Customers 14,629 13,802 12,724 Cubic Yards 191,295 179,252 182,030 Revenues S 19313 S 1,:86 $ 1,470 } R Operating Expensef 853 795 898 Landfill Fees 431 S5S 546 Total Expense: T;M% Tow 3IM Net Gain 3] 72 74 t Notes: - All Dollar Amounts are Thcusanes of Ccllars. Allocated Landfill Fees were based on S2.:S/yd - 1989, $3.10/yd - 1990, and $3.00/yd - 1991, Purchase of vehicles is done via "Lease Purchase Certificates of Obligation Financing" over 3 year ayment terms and Lease Purchase Payments Are ncluded In expenses. University of North Texas $139,000 contract is not included in Revenues for 1991. No additiehal equipment was needed for this contract. 4ditional expense is one laborer (520,000/yearl, fuel/maintenance 510,001)9 landfill fee-, of S%000; miscellaneous $10,000. 8. The commercial vehicles that Are to be sold consist of eight (8) -trucks as follows: 1 • front end load vehicle 4 side load vehicle 2 large "roll off" hauling vehicles 1 - old 3/4 ton pickup The City is retaining one "roll off" vehicle to cortinuo trans- porting the recycle material, and possible sewer sludge in the " future, one front end loader for the newspaper recycling dupsters, one bob tail rear hoist durnpster hauling truck as a back up for the newspaper recycling track and one foreman's pickup that is one year old. " 1 R y, I' 1 lA2/032991047/3 s hN 1 . SOLID WASTE p'~rW,GEA~tiT SERVICE COINTMCT March 29, 1991 "cre d f j The three bidders for the system had estimated the value of the City's vehicles, dumpsters, "Oil off's and packers at 5350,000 to 5400,000. The City had estimated the value at approximately $500,000 to ?600,000. The vehicles and containers the City is selling are as listed cm E,hibir II attached. The staff esti. mates the "new purchase price" of these vehicles and containers ! at S1.3 to $1.4 million. The Scenario 43 Pro forma, which assumes the City taking over all commercial solid waste, lists the staff's estimate of the operating costs and revenues. It assures that costs escalate at 51 per year, and commercial solid waste rates increase at 331 per year through 1996 and 51 per year thereafter and that Denton keeps and expands its landfill (in 1996) and develops a new site in 2003. This Pro forma indicates attractive profitability from 1993 onward. However, it essunes t~afZ'enton's Zan-3fii Yates 71 remain at 53.45/cubic yard through 1996 (4d is rates are presently 52.55/cubic yard and planned to increase at greater than CPI) and that Denton's landfill rate goes to t4.7S/cubit '.yard from 1997 through 2003 so as to amortize the 53,S00,000 development cost over those seven (7) years and that the Denton landfill rate goes to $S125/cubic yard-in 2004 and stebillze at S6.2S/cubic yard in 2004 in order to pay for the $9,5000000 development cost of a new landfill, amortized over 1 years at ± 7.S1 interest rate, The staff has included modest amounts for } additional State and Federal regulations but this is the' im~: n' that poses the greatest financ+. _al risk. Also attached is the Commercial Solid Waste Scenario #S which assumes the City contirup~- Im lcse customers as has heen the situation during the past ctro Le three years (14,629 in 1989 and 1.,..,0 in 1991). Even though this scenario cnly r.ss mes a 21 per year decline in customer base, minimal profits are experi• ' enced between 1992 and 1995 ,,;td losses begin in 1996 and in. crease dramatically t} rough the a of the sf3y ~er'iad"'(IOa3T assuming the same type o ana a.us per year real'rate increases as was used in Scenario #8. III. EFFECT OF SALE ON [?EMN'S SOLID WASTE SYSTW. The S3le of the Commercial Solid Waste Collection System will infuse the solid wastP system with S1,900,000, it is anticippit, r.. $ ed to set aside these fiords to retire the debt of the Irndfili 1A2/03.991047/4 n e y www~ SOLID WASTE MANAC-DTIN-r SERVICE CONTRAa March 29, 1991 Page 5 (approximately $1,000,000) and the small debt owed on the trucks and containers (approximately $140,000). We anticipate ns+rg the $1,900,000 sale proceeds to pay off a non-cash $$5000000 ' depreciation reserve debt to the Electric Department, plus establish a fund to pay off vehicle cFrtificates of obligation and invest the remainder in an annuity type fund that would ` provide apptoximately $200,000 per year in revenue to the solid waste system. This $200,000 could easily pay off the landfill debt service and there would remain the $500,000 depreciation j reserve fund, which would be available after the landfill closes whether that be 1P, months, 1996 or extended to well :into 2000 if significant commercial waste is rot brought to the landfill. While we are hopeful that the details rn the Transfer Station Agreement can be worked out to the City's satisfaction thereby generating npproxinately $4.1 million in net income by the year 2005 we must consider other options. As indicated in the t memornndum you received in the Agenda packets the next best alternative would involve the scenario in which the City sells the commercial system and directs the commercial waste stream to the Denton landfill at current and future disposal rates. Although this option could cause an increase in CoMercial rates shortly after the sale it does offer substantially greater protection for stabliz6 residential rates. ! y' R4 ; Pes ly, ' l r .u,a, " rre City Manager lf; L. Nelson- ' Executive Director of Utilities } lA2/032991047/S • f star- . . Wean 1111 %",Kla Oka Nil Iwom • 111124 40 ! JI:11:11 11 I mewl 1 . t11•11-If Itfll 'Mlle rt it fr rl ry of fl !I r1 f1 SewrU 1 118 llll I"I I"1 1"1 Ifee It If it If /r S, « • IAN 111111 l"1 ` 1124 IIM no INI IIN 2411 1241 tllf l Nfll NIMI tYflMlq Il./" IF.NI 11.tM 11.111 11,124 11,1" U.0 ,"I 24.#16 t/,241 49.!11 ri,"1 24... t1.... ri.0.. 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V r n E ' IW2/080990005 f r {F(TR al .~,p~, ~ rr_~ 0-0 owl .:4 r1•a Hr ..y v,e. ..F, ..d 4 . gA'. !Y„ v... qi _ r i J'. .1'~taM Y. •eF < Ste- ~ EXHIBIT II / PACE 2 OLWSTERS ON YARD CITY TO KEEP TOtAL FOR Sv F 3 Cubic Yard Side Loaders 18 4 Cubic Yard Side Loaders 0 19 0 3 Cubic Yard Front Loaders 5 0 5 ~ 5 r 1 I N, t i r i ~ 1,, 'f~tyy4. 5 r e ~ y • ra r i EXHIBIT II / PAGE 3 Y SL"OAY OF CONTAINERS/EQUIPMENT <\J SIDE` LEERS CITY TO KEEP TOTAL FM SALE 2 Cubic Yard Containers 3 Cubic Yard Containers 254 0 254 4 Cubic Yard Containers 684 0 92 684 0 92 FRCW LOADERS 3 Cubic Yard Containers } 6 Cubic Yard Containers 13 8 6 ! 8 Cubic Yard Containers 9 0 9 61 10 $1 COMPACTMS 12 Cubic Yard Containers 15 Cubic Yard Containers 5 0 5 20 Cubic Yard Containers 1 0 1 r 25 Cubic Yard Containers 2 0 30 Cubic Yard Containers 5 0 ? tiH S 42 Cubic Yard 6 0 Gontainera 6 110 4 i 1? 0 12 ~ V M1 i r . a. 13 Cubic Yard o d 1 f ~ ~ 30 Cubic Yard Op n tops 40 Cubic Yard 23 Open Too$ 10 13 2 GCPPACTM IN YARD s i 12 Cubic Yard Canoactors 20 Cub is Yard ca vfttors 2 2 0 ' 42 Cubic Yard ? +e~actora 2 ? ` 2 O 0 e RECYCLING COMAINMS a 3 Cubic Yard Front Loaders 16 8 Cub 10 Yard Front Loader! 16 0 a Y' 1N?/li0?9004?/i IIAXL'R. 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LANDFILL RATE$ / TIPPING FEE 10 . h 9 III y. 8 TIPPING FEE a~ ~j T 1 ,I V 1 n 4 big 3 l ri 91 92 93 94 95 96T 98 99 00 011 02 03 b4' r ' is TIPPING FEE RATE + STATUS OWO LF RATE o SELL COMM LF AATE M ew.~+..~-•r--_.. _ ._.......~..r~....,yaw4 ,~iM~~w~rar..n~--._. _ -w'^'.~,~'~t1~ R'~:bl.~,wl.i,ra~r +.s..~: a . ~~1awaWlliMl , , , ~ a a r ~ ~ r 3, ~t ",era. r .i k 5 ~ , 1 ids ° . c , 9`} V * Z4' ~ lei ,x ~y k f 4 1 ° 1 r~ f f -1 IA j { I . i „ , n v _ i r 1 •q. ,1 . .gal.. (ti~~'• Ali \ p I:e~ t . y ?~y i P AKIN, GUMP, STRAUSS, HAUER & FELD ATTORNEYS AT LAW 2100 FRANKLIN PLAZA 1333 NEW HAMPSHIRE AVCNUC, N W. I SLrtL dU0 A PARTNERSHIP INCLUO+NO PPOFLSSIONAL CORPORATIONS III CONOROSS AVENUE k" 1•'~ WASHINGTON, D.C. 20038 4100 FIRST CITY CENTER AUSTIN, TEXAS 76701 (202)887.4000 15121 499-9200 , 1700 PACIFIC AVENUE i 65 AVCNUL LOUISE, P.S. NO. DALLAS, TEXAS 75201.4618 1500 NCNB PLAZA 300 CONVENT STREET 1050 SRUSSLLS, &CLGIUM ET 4'.,. (011) 32-2"535.29,11 (2141 969.2800 SAN ANTONIO, TEXAS 76205 TELEX 73"2324 CAB C AGSH 6F DALLAS (512) 270-0 800 ,y d FAA (2141922-6043 1900 PENNZOIL PLA04SOUTH TOWER 1 = r t. k III LOUISIANA &TACIT. S a r I HOUSTON, TEXAS 77002 2831 'K'+w I wRrtcR S mRCn PAL waw SER nw Sn {713) 220-5800 ti .y4 April 5, 1991 AANO-DELIVSKAD ✓ : 1 . A•1 Mr. Lloyd Harrell City Manager )F City of Denton 215 E. McKinney E r Denton, TX 76201 11 *0. Dear Mr. Herrelll r: W As you are alTSre, our firm represents Sentry Environmental, a the permit applicant for a 363 acre municipal landfill site on F.M. 407 in southern Denton County. Thera have been questions raised by Denton City Council members regarding the timing; of the permitting and commencement of operation of our landfill. We are , pleased to report that the Texas Department of Health should announce that Sentry's application is administratively complete by E"xs the first weak of May, and a public hearing will be held by the, R TDH hearings examiner in the near future on the application. It 4r is anticipated that a more accurate determination of the eventual w7. t TDH ruling date can be expected this Fail. 1 n In order to formally present Sentry's disposal offer made to the Council at its April 2 meeting, I am taking this opportunity ~Y41 to transmit the attached letter of intent. This proposal is being made under the assumption that commercial haulers will not be required to utilize a specific landfill or transfer station site Because the agreement may be cancelled by the Cityy at any time, the City is not locked Into a long-term contract in the, event{„ other disposal options become available in the future. The major 4~„; points of the agreement are as followsi 1. In the event Sentry's landfill is permitted by the TDH, Sentry agrees to receive all of the City's residential municipal solid waste collected and hauled by the City. 1 I,, " 2. The charge to the City shall be $3.00 per cubic gate ;'"r• f yard, subject to an annual adjustal•mt based upon the Consumer Prica Index and direct pass-through regulatory increases. Q ! ~ Sri . 1. " r . •v E ,b. r• . ~r+.m..au.w, rMVK kilY.fi{Cv "Z,KM•.M.at R y nl ~:..••r .n . ~:i 1x4. MZ... kkT {'ky a~1}fii ~N ' 51G/q i ,,.•y r<.ww T .SI F A '0~k,•~1+".i)Ka':Y, NAAI,lY ry~• .I ~ILO 11 al.a :y.. _ _ ,1...... , ' .~R v , r a . y.r . , n H~ r <kyY -.i.+6 ~a;.S4t..:;r+'•t:ly ~'!'A.!4, r r , YS. . / I y AKIN, GUMP, STRAUss, HAUER 6 FELD f fir. Mr. Lloyd Harrell / April 5, 1991 Page 2 Hr f~. E ~ 1P a xy ' ~A 3. This agreement shall have a term of fifteen (15) years, but is revocable by the City for any reason upon, ten ` (ld) days written notice. p; > } t 1 j a+,s: We would appreciate your including this item on the Council's "c April 16 agenda. Sentry's representatives are available and willin to meet with you and City staff at your convenience to, diecusa the terms of this agreement in more detail. if you have any griestions regarding this matter, please do not hesitate to call me.; Very truly yours, ~ 4 i1 d. 1, jkV. , IF,r , Anderson Arthu gyr r + E w' AJA/plg `rub ,j aa ¢ rt° coi Debra brayovitch, City Attorney (w/ono. Jennifer Walters, City secretary (w/enc.) III a ,F i ~ ' r .~tlgit ~ r - try St e ~p 43 r J UW y b ~ yl 1 r lr~l.. , > IIN 2 rS,' r w} ~ f I I 1 a a, p~, 7n r dry. ~v k4 4Y p U F r1 Vl. ~r~a~~ 'L~'✓'' 1 r t'~ C ~~f vi A,Vj T 11 %r 4VI kl 11 ~.,.-.....vzv>•14Ai+.9~#MYkiuw!Iw_ M'.Jf«LXM,+ y p rte,'.. ~ . !may f '9 ' i , i 2 ~ l LETTER OF INTENT THIS LETTER OF INTENT, ("Agreement") made and entered into this the day of , 1991, by and between the City of Denton, a home-rule municipality organized under the laws of the r r r t State of Texas (the "city") , acting by and through its duly aY k77} authorized officers, rENTRY ENVIRONMENTAL limited partnership r7 r ("Sentry"), a Texas limited partnership, its affiliates, i successors or assigns, 5949 Sherry Lane, Suite 1500, Dallas, Texas r, r 75225, y Gi y` WHEREAS, Sentry has filed Application No. 2171 for a Type I municipal sanitary landfill perm': on 363 acres in Denton County ; (the "Sentry Landfill")= and WHEREAS, the City has expressed an Interest in alternative disposal options for solid waste generated within the City limits. NOW THEREFORE for an in consideration of the mutual covenants ' herein contained, and other good and valuable consideration, the r parties intending to be legal bound, hereby agree as follows: rr:~ 4 ' Pf ' Y " 1. Term o4 Agreement. Ex_ept as otherwise set forth in this Agreement, the term of this Agreement shall be fifteen (15) years, commencing thirty (30) days after written notice from Sentry to the City that the Landfill is accepting waste. Unless C'. It terminated in accordance with the provisions of this Agreement, A e "4 k+.. ..,...,-...IVr.w,kfii'.V.M`~'•V.t~.° .y+tl.," s.w..s, s•.a r........ ag ' 9i q} wnN'.?w-~ ....v'..xj,>:.~,k+Ylyde+YAGM'+dk'1M8iM'M SWa .1Fr r .i, : jfQr ~ N r. f i I : k this Agreement shall automatically continue to extend for ' additional five (5) yer terms. I 2. Termination. Notwithstanding Section 1 above, the City shall have the right to terminate this Agreement for any reason i whatsoever by delivery of written notice to Sentry at least thirty (30) days prior to termination. 3. Landfill Ratet. The gate rate at the Sentry Landfill r, , , for the City's residential solid waste collected and hauled by the } City shall be $3.00 per cubic gate yard, provided that this rate shall be adjusted annually, on January let of each year, 9 commencing on January 1, 1992 (regardless of the commencement date AIX ; y * 1 ,y of tho Landfill operatione), based on changes in the Consumer E' Price Index, Fo:lowing thirty (30) days delivery of written notice to the City, this rate shall be adjusted from time to time for any direct tax, fee, surcharge or change in governmental 11 w. regulations which affect the Sentry Landfill's operating costs, ,m expenses or taxes. 4. Binding Effect. This Agreement shall be binding upon gk~; y r S I. ~ 1M"M y; and inure to the benefit of the parties hereto and their s t. respective successors, assigns and legal representatives. 144 1I t i~q 4 i yew ~ A Y li w~ r e it I x ~ ..n .,1 ,Iww r4♦+,w.a..,,. hN.{~d M1kbn~~4+it'"~h.a.~Y. rm _1 'CIS ~ : : r f . t`• r G; IN WITNESS WHEREOF, the parties hereto have caused this { Agreement to be duly executed as of the day and year first written f[ above. R f s' SENTRY ENVIRONMENTAL, L. P. CITY OF DENTON Gene Pa er t { Guar R s urc Inc. Bys By= y Name, Robert Bruce Thompson Name:, r. 'P t. ~t rr Title: President Titles, 7 yp4 ATTESTt , 41 ti's t Bye k , "City Secretary r/ 4 APPROVED AS TO LEOAL FORM °nL r a + tat I a' Bys City Attorney' +'fjp4 1 r.` Y~anw~oroooe,ece~nsr.sn<w+ + `t + .y 4 ? 4„ y v i +~P 2 j 'r ✓i r~ 1 f r t { J i: i z i (y B[.: .1 C.. ~f=I1. aM to r t ! 4 ~y i rA I ' ,,rl[.w .rWN.f 5en1W1 Ppa~i~Ar~}lA/til+lilkWtu•...• _ rA1 r ♦ ^'iMyy( , i ~~[wCi fir' # 1 4irJ i ! 19J 9r ^ j~: r7 1 I owl ' SENTRY ENVIRONMENTAL, L.P. S 5949 Sherry Lane Suite 1500, La 165 Dallas, TX 75225-8011 1 April 3, 1991 The Honorabl obert Castleberry Mayor, Cit of Denton t 215 E. i Dent , TX nne 76201 i RE: Proposed Denton/Waste Management Tranrsfer Station Contract ,tr Dear Mayor Castleberry: . ,s s As yc, are aware, I an one of the partners with Sentry Environmental. In addition to having permitted and/or operated , several Type I municipal sanitary landfills and hauling operations ,T in the State of Texas since 1973, 1 am certified by the Texas , I~ Department of Health as a Certified Landfill Operator. ' To clarify the issue regarding the transportation charge calcula-%;ion to the gentry site which was discussed at last nights F Couw;cil meeting, attached is the summary describing the cost calculation which was inolud" in the Sentry Council packet. in Ih ' accordance with my experience in the solid waste business and this geographical aroa, 1 can assura you that the $.se/cubic yard II transportation cost to the Bantry site is an accurate ettizate: Combined with the $3.00/cubic yard tipping fee, the Sentry proposal; represents a significant cost savings over the waste Managitint proposal. If you have any questions regarding this matter, please do not aT • hesitate to contact me. Sys W&yW* Brown acs Denton City Council Members Lloyd Harrell, City Manayer . w I a v e.• Y%i 4 CALCULATION OF TRANSPORTATION COST ASO MPTIONS The total operating cost for a standard 25 cubic yard trash hauling truck with three personnel is $1.00/mile. This cost includes fuel, maintenance, replacement of tires and parts, three man craw, depreciation and any other expenses associated with its normal operation. > The Gentry Landfill is located on State Highway FM 4071 1.5 miles. west of IH-35W, a total distance of 11 miles from the center of Denton to the Santry Landfill. ' XATXZXATICAL CALCULATION Of ROUND TRIP TRAMIPOSTAT16N COST fA' 11 miles one way distance X 2 + 72 mhos round trip 5 22 miles X $1.00 operating cost per mile $22400 round trip ooet for a 25 ou yd truck $22.00/25 cubic yds. - $0*88 round trip cost per cubic yard ' i The $3,60-3.70 per cubic yard transportation cost to Waste Management0a DFW Landfill used by Denton City staff vie "i!s explained by Bill Angelo, the Director of Community Gervicas fok the City of Denton, as the actual hauling cost by the city in' 01 j and 1984 expressed in 1991 dollare, bill Angelo &ttriWt6'thii ! high figure to the tremendous traffic congestion, sou led with'.th~, { very long wait time at the Landfill due to its inabiI14 to sir4iei'> but a limited numbor of trucks at one tit* given the large vb1timd of business at the Waste Management facility. ~ r X' P i sr gyp; ~ l WAYNE BROWN Partner in Joint Venture President Sentry Environmental, LP Eco First, Inc. 5949 Sherry Lane, LB 165 P.O. Box 160805 Dallas, TX 75225-8011 Austin, TX 78718 r 214 750-1522 512 797-2892 tChief operating Officer Vice-President f` Ark-La-Tex Sanitation, Inc. too Land, Inc. I 4360 Greenwood Rd. P.O, box 180805 Shreveport, LA 71109 Austin, TX 98718 E 318 636-6498 512 346-8499 y~ IMPERIEM Partner in a venture with Sentry Environmental, LP,. a Texas Partnership, whose purpose is to identify, }J~` acquire and permit suitable sites as environmentally i sound landfill facilities in the southwest region of E s`' the United States. . Founding hurtner and Vic*-President of too Land,' Inc,, a Texas corporation whose ppurpose is to ' identify, acquire, and/or permitt, suitable sites as environmentally sound landfill facilities in, the southwest region of the United Staten such as the Guardian Landfill in Dallas County, Texas. r R t Founding partner and President of Eco First, 1no6, a Texas corporation providing consulting serviced to public and private entities for solid waste collection praotices including hauling, equipment and parsonnal; and, for sanitary landfill tahilitlea, including site investigation, petaitting# economic analysis, site acquisition, and management plans, In addition, Eco First providen full service aporations of landfill facilities, ' Chief operating Officer of krk-La-Tax Sanitation, Ino „ a Louisiana corporation, Largest locally owned solid waste collection company in northwest Louisiana, Providing colleotion s4tvices to over eight thousand residential, commercial, industrial, institutional, and municipal entities, Ark-La-Tex of tors over 100 years of managerial experience In the collection, disposal, reduction and racycling of solid waste. + I. I 1 p M fI F,U1 f aw WAYNE BROWN Past Division Manager for Laidlaw Haste Systems, Ina, responsible for both the entire East Texas collection and disposal divisions. Laidlaw is the third largest i, solid waste management firs: in the nation and a , leader in innovative solid waste collection and disposal solutions including racyclinq, collection, transfar, disposal, and landfill operations. Past Vice-President of development for Mobley Industries, inc. responsible for planning, locating, developing, constructing, and operating the following disposal facilities r Greenwood Farms Type I Landfill ,r ~ yk Tyler, Taxer Sunset Farms Type I Landfill ar Austin, Texas Pins Hill Type I Landfill Longview, Texas w ~u - Lone Star Class I Hatardous Landfill Lone Star, Takes Gibraltar Resources class I Hazardous liquid R t ; Deep wall Injection a Winona, Texa* Acting consultant to a private engineering firm ~ ° dealing with private and publIc •ntitiaa in the Southwest and Southeast hnited States if plannidq, 61 Streets, warts water treatment systems,` water ° i systems, and regional solid waste collection and disposal systems, f' Performed consulting services and advisory funotio~s for sitting requirements, locations, and design for landfill facilities in 11 states, Mexico, Canada, and several European countries APPILIATIONOs Lecturer and Moderator at numerous regional, national, and international symposiums concerningr 33; Page 2 ' r . I ; 4 It A\ Ay I{ ~ " +r 'P 1 nrsgvf ' x: Yf y L' a k wi~^I - ■ J41 a~Q 1 XXIXXI I E 1 WAYNE BROWN - Municipal Solid Waste Generation, Collection, Disposal, and Landfilling - Refused Derived Fuels Solid and Liquid waste incineration - Tire Disposal and Crumb Rubber Manufacturing z Asbestos Abatement, Transportation, and Disposal - Hazardous Liquid and Solid Waste Generation, r!`` Collection, Transportation, and Disposal. t . Past Member on the international Board of Directors tse and as Staff Technical Advisor for the Governmental e 4,• ~y, Refuse Collection and Disposal Association (9RCDA), Also, Chapter Chairman for technical tours and seminars. , . Past Sustaining member of the National Solid Waste• Management Association (NSWMA), Served on Texas Chapter legislative committee to review and advise i` chapter on state and federal legislation pertaining r to solid waste matters, Membirs Planning Sub-committee of the Physical Environment Advisory committee for the Last Texas Council of Governments daveleping regional solid waste master planning. . Past Member Alamo Area Council of Governments solid M,. waste committee where a master plan for collection and disposal was developed and mplemented. ONDfll'PIALS Bachelor of Business Administration degree in Industrial Management and in Personnel Management from Stephen F. Austin State University. X Certified Sanitary Landfill Manager with an "A„a certification as required and recognized by the Texas Department of Health and honored through reciprocity by several other states. Certification holds distinction of being the first certificate issued by the Texas Department of Health. . Advisor instrumental in conjunction with the Texas Do artment of Health, in formulating Type i Landfill criteria to effect proper disposal of asbestos and E other "special" wastes. Page 3 rt ~ 1 WAYNN BROWN Hold certificates of competency and letters of " appreciation from aany solid waste related disciplines from various agencies and organizations including= r I - United States Environmental Protection Agency - Texas Department of Health< - National Solid Wasts Management Association , - Governmental Refuse Collection and Disposal Assoc, ° - Texas Water Commission 1 l~ 1 I'Y l I 1 i y t 1 j( ! a I J ~ ~ YCIS i~'. N , ! Y .4 I , 1 I Page / i 'A h . Y p ~ k l I ppY nrY.r4►~rwi I 1 DATE:1/16/91 I ( 7/~ 7 CITY COUNCIL REPORT FORMAT Mayor and Members of the city Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-91-002 J RECOMMENDATIONt E' Planning and Zoning Commission recommended approval unanimously 56-11. I ,A, 4~ S UMMARY i t , conaidar rezoning a 7,191 acre tract of land from SF-7 (Single Family Residential) to PD (Planned Development) and a development plan for the Purpose of an E8 unlt apartment". complex. I f , BACKGROUND: see history in the Planning and Zoning commission report., PROGRAMS, DEPARTMENTS OR GROUPS AFFUTEDt Applicant City Ctaff f' Neighbors Citiaeno of Denton tiP . r, FISC L IMPACT: none a t Rea ul y su it di Prepared byt Loyd , hsarrall city manager ~r Kar h K. F s er Urban Planner t~. Approve di i"u Frank k, RobDlnai A1CP Executive Director Planning and Development K 261~x S ) fir. a r , ■ PLANNING AND ZONING COMMISSION REPORT l { Tot Mayor and Members of the City Council Case No.: 2-91-002 Meeting Date: April 16, 1991 GENERAL INFORMATION Applicant: Dale Irwin ' 515 S. Carroll Boulevard Denton, Tx 76201 Current Owner: First state Bank 100 S, Locust Street ii Denton, TX 76201 K!"' Requested Action: Rezone 7.494 acres from SF-7 (single family , residential) to PD (planned development) for the purpose of multi-family uses. Current Zonings sF-7 (.,ingle family residential ' Location and size: 7.494 acres located on the southeast corner w of Bernard and Collins Streets, t surrounding Land Use and Zonings North - MP-1 (Mesquite Ridge Townhomes) ° South - PD-94 (Planned for Multi-family) "i Net - SF-7 (Vacant] Residential) West - SF-7 (Residential) Denton Development Plan: i Low Intensity Area - I}5 SPECIAL INFORMATION Sf }Transportations o Perimeter paving will be required on Collins Street, The Dsvelopper is responsible for a 24 foot half section width k: includin{heustreet.gutter Collinsowtillcultimatelygbeo41 feetobaek r y aide o f to back paving, 0 30 feet of right of way from center line Is required on both k Collins and Bernard Streets. r „ sl ti ;.1.; raw ' , r r . t t i (Case 2-91-002) Page Two SPECIAL INFORMATION (Continued) Transportation: o Sidewalks will be required along the frontages. of Collins and Bernard, unless during the Detailed Plan stage, an alternate pedestrian access plan is submitted and approved, o The driveway locations as shown on the Development Plan are generally acceptable. o Median driveways are acceptable. They should be limited to one (1) fifteen (15) foot lnne in and two (2) twelve (12) foot lanes out. ( . I , utilities: r water Y6_ o There is an 8 inch water line available on Collins street Y ~l' and a 6 inch water line available on Bernard Street, Sews: o A 6 inch sewer line is located on Bernard Street; however because of grading constraints, this site will not be able to access service of this liner o A 6 inch sewer line is located on Collins Street, A few ; units may be able to service this line, W it o An 8 inch sanitary sewer line runs in a 16 foot utility easement along the eastern property line. Most of the units will to be serviced from this line, ; 1 Fire Flow o Fire flow is probably available for a commercial development, The utility department is testing the etea for available flow,` o At least two (2) fire hydrants will be required to meet 1 minimum fire hydrants spacing, { 1 Electric ' In order to avoid future delayb and reduce the developut's ` cost it is advised that the proposed building layout be subm tted to the Electrical Engineering Department as far in advance to development as possible, d Ai , i tP{i' ~ t ~n,. ...,.-..i .Sr~+II YAnI~,Y,LL~-. f e, 1 (Iy L• la i PageeThree_002) SPECIAL INFORMATION (Continued) Drainages o Drainage is a major issue. There is severe flooding in this area. As the closest storm sewer facilities are in Eagle Drive in which the system is over capacity, I detention will be required on site. The pond must be designed with a multiple outlet structure detaining water for all storms up to a 100 :ear storm. ; i o Drainage improvements will be required throughout tho I + Site, The type of improvements required will he governed by the amount of water passing through on a ten (10) year storm. The improvements will most likely be a concrete channel or pipe or combination. The use of detention could eliminate some of the concrete. The drainage improvements are to be constructed in a drainage easement outside of the existing utility easement." Parkes on March 21, 1989, the City Council passed and approved a resolution (R49-022) approving a park donation policy. The s City is asking this project to comply with this policy. The ) purpose of this policy is to encourage participation in a cooperative effort to provide for the parks or improvement of parks which will be needed to serve those developments, This ? policy is intended to be a voluntary program, Compliance or non-compliance with its guidelines by any person shall not be used by the city Council, the Planning and Zoning Commission, or r any other Commission, official, or employes of the City in considering an application or request involving a zoning matter, the approval of a plat, a building permit, or any other application or request which requires the approval of the 3 City Council, a Board or Commission, official, or employee, t The Policy calls for either donations of land for residential developments which contain 500 or more dwelling units or fees in lieu of land for residential developments containing less than 500 dwelling units, The fee should be in a minimum amount equal to one-fourth (1/4) of one percent (W of the construction value of the dwelling as identified on the building permit. Landscapingi The applicant is proposing landscaping in accordance with the current Landscaping and Tree Preservation Ordinaneel however, I the applicant is aware of the sensitivity of the Surrounding i gar"~ " - ~ r F6* Ae 1 N , T 7777 Y 1 s (Case Z-91-002) Page Four ' SPECIAL INFORMATION (Continued) neighborhood and is proposing that no parking be allowed in the front yard or street yards fronting on Bernard. in addition, the plan reflects an 80 foot setback along the southwest corner i of the lot to act as buffering to the residential dwellings and six (6) foot high evergreen shrubbery to act as screening. A tree inventory will be required during the detailed plan stage to identify protected trees on the site. HISTORY E On November 26, 1984, the City Council denied a rezoning request from SF-7 to MF-1 (multifamily) for the purpose of approximately 119 dwelling units. It appeared that the proposed rezoning violated four of the Denton Development Guide policies. % _ N ANALYSIS ^ This property is located in a low intensity area. According to 4 4 the Denton Development Plan (DDP), the primary purpose of low intensity areas is to ensure the overall land use/transportation balance by controlling the overall density and intensity. The plan encourages diversity and neighborhood protection. Low density residential uses, small scattered sites of apartments, and non-residential uses are encouraged subject to the following limitations: 1. 'Si.rict Site Plan Control' The applicant has submitted a Development Plan which conbines the Planned Development process. The Development Plan contains all information required in the General Concept Plan stage as well as additional information. However, footprints are not required until this is submitted for the detailed plan stage. The applicant has submitted an M architectural elevation depicting an example of the style of building that will be facing Bernard Street. It resembles the architectural facade of the office buildings located at 519 Soutn Carroll Boulevard. This building size will be limited to one and one-half (1 1/2) stories. All complexes will be of a California contemporary design which should compliment this area. i i i 'f (Case Z-91-002) Page Five ANALYSIS (Continued) i The plan reflects sensitivity to the protection and i preservation of tae neighborhood on Bernard Street. There will be no parking allowed in the front yard or street yard of Bernard. In addition, the plan shows an 80 foot buffering along the southwest corner of the site. ! The 80 foot buffer strip in which a proposed median drive is 1 located assures the adjacent residential properties that no multifamily unit will be located next to their homes. In addition, the applicant is proposing a six (6) foot high screening hedge along the property boundaries. { J 1. "Traffic design to ensure multifamily and nonresidential uses have access to collector or larger arterials with no 3 direct access through residential streets." As defined in the Denton Development Plan, multifamily is ) that which has a density of 12 units per acre or more; therefore, because the density of this site is less than ; 12 units per acre, this policy need not be addressed. ' 3. "The overall density/intensity standard is not violated." The density of the proposed apartment units is 11.8 duellingg units per acre. The applicant is proposing 88 two {2) bedroom units. Intensity area No. 118 is currently 202 percent allocated. 1T The proposed rezoning will generate approximately 7U4 intensity trips, which exceeds the proportionate share by 254.36 trips (704 - 449.64 - 254.36). Because the proposed intensity trips are over allocated the plans calls for "the least intense, most logical land use". Because there is no criteria in the Denton Development Plan to assist in analyzing the least intense most logical land . use, we will evaluate the same criteria used for a disproportionate share analysis. a. Location and use relative to existing and planned development. This site is located next to both single family , residential zoning and use (east and west of the site) I 1 r F l ~I (Case Z-91-002) Page Six ANALYSIS (Continued) i and multifamily zoning and use (northf MesquitE Ridge 3 Townhomes and soutsit PD-94-Vacant with multifamily use planned). There will need to be public improvements 1 both on Collins and in Bernard. Utilities are available to this site and drainage facilities will be mitigated by a detention pond and piping, The details of drainage I facilities will occur in the detailed plan phase. ~ i b. Topography and environment in the planning area. I There is unusual topography on this site, Approximately 250 feet from the corner of Bernard over to Collins is a scenic vista that provides a spectacular view of the Courthouse. The grades in this area must not be disturbed and it has been discussed with the applicant that an apartment unit should be located on this slope instead of parking lots. The property then drops to a lower elevation. Good design is highly encouraged in order to protect this scenic vista. u, C. Compatibility with existing and future land uses. As noted earlier, multifamily is existing across Collins Street and multifamily is planned south of this site. j However, the applicant is proposing an architectural' elevation that depicts a style that has a residential j character. In addition, there is an 80 foot buffer proposed along the southwest corner of the site and a 120 foot buffer along the majority of the eastern boundary. in the 120 foot buffer, the plan delineates this area as open space. There is passive recreational uses proposed within 60 feet of the eastern property line and active recreational uses proposed for the remainder of this buffer. The applicant has defined Passive Recreational Uses as uses that may include, but not e limited to, ogging trails, hike/bike trails, } picnic facilities, and similar non-active recreational facilities. Active Recreational Uses are defined as R uses that may nc a e, u no be 1Tmtfed to, volleyball games, tennis, hardball, swimming pool facilities, and similar active recreational facilities. d. Other policies. i The requirementP of the Sign and Landscape and Tree Preservation Ordinances will apply. Curb cuts will be permitted ap shown on the Development Plan, if approved. i 1 z (Case Z-91-002) Page Seven 1 I ANALYSIS (Continued) The location and configuration of this tract coupled with the large buffering and architectural elevation showing an example of the style of units, as well as 11.8 units per acre proposed, show this to be the least intense, most logical land use for this area. 4. `Sufficient green space, recreational facilities and diversity of parks are provided." The plan reflects a minimum of 23e of this site in open space and recreational uses. The applicant is proposing site specifics for passive and active recreational type uses. The proposed development is in compliance with the policies of j. the Denton Development Plan. i RECOMMENDATION 1~ s'sa~l a:. ~ t } N; Planning and Zoning Commission recommends approval by a vote of 6-1 for 2-91-002 with the following conditiuns: y 1. fhe setbacks as shown on the Development Plan may be decreased during the Detailed Plan stage, as determined by the Planning and Zoning Commission. 5 2. A tree inventory will be required during the Detailed Plan stage in order to determine the location of "protected trees." ALTERNATIVES 1. Approve petition 2. Approve petition with conditions 3. Deny petition 1. Direct that a plan or zoning ordinance amendment be prepared ? w a` yy, ..~+"1'i" - ^cirr•a r•yy i. f 'Y.e A 11 nHp "M1~ 3~~ (Case Z-91-002) ; Page Eight ATTACHMENTS 1. Location Map 2. Reduced copy of Development Plan 3. Reduced copy of architectural elevation depicting the proposed style of the development 4. Copy of Development Plan information sheet submitted by applicant 5. Lumis Intensity Area 118 > 1 I a~ 1 1 Ike :Y ' 1 Irl; a, ~ { r .,.E ~ y ; 3116k i . r. i 3 ATTACHMENT 1 Z 91=002 THE OTHER PLACE W F oDoaa® o~K ar DOD w. ~ncKcar ©®AD0 0 Kai i sawN wN rr w,. `=t 1 , D j WAA ~[DDC~ CIC~❑ r ~a~~ Eac~E a DD®Q❑ DFIII ' ~ `{t ~ ALEg1E viS1A FQ 4 ILLOWN00 r TA 4. •CALA NONE oAn 318191 Now- p 1 i GIITIK MILTf-fYNiIT EX syl ON It wwr~y IMP %P _ wdlm~ :-M a 11 _ 1 w w • r • I~. M YID . LOG IlOY NM ~•µw~l~iw f T < ww6 M Y /V ~ W ~i 1 y r i I r ' GQ'~19Y T+or+ silRG o1CJl1p~ ® e , all a Las W ♦fa~wrN Lur-71H Q J+eCOmt--tn" 97,TH LET 1 Ieroaxr . ICA?" mAr I temovar" IV2rbkTM LOFT LATH f11AT ELEVATION-Proposod Eight Unit Building f { S i ' yM OTH", PLACE . A PnNNd 86 Unit A0019"Of Obl~~~ T~1N i•~ it I J 1 ATTACHMENT 4 DEVELAPTW PLAN 1. It is planned to develop an upscale multi-housing develowent providinq one and two story housim units. The develovrent will consist of 88 multi-housing units soread evenly over the 7.5 acres ; awmximately 236 of the land will provide an attractive areen area which can be used for recreational rxxroses. 2. This area is a low intensity area oer the Denton Development Plan and by keeninn the number of units less than 12 per acre the i development plan is camlied with. The 7.5 acres would consist of a mumiium of 68 multi-housinq units. i 3. It is believed this medium density multi-family development nlan f i will blend in well with the naighboeiood area and every effort will be made to accomplish this. To rrovide a screen between the houses next to the location on Bernard a 6 ft. hedge will be provided consisting of evergreen plants. This will also enhanoe the Bernard street entrance. The building fronting Bernard will also be limited to ins stories with an architechwal style similar 1 to the one story office building located at 519 S. Carroll. ft $ California conta pcry design should comrsliment the area. Table of oermitted usesi i 1. Apartments Less than 12 units per acre 2. Accessory uses A use of lard or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal , we as the various major permittsd us categories is/are pw mitbed. noMlea include but not limited to oomnlex ofEioe, alubhsouse, exercise r+ocmp etc.. recreational uses of the lard can include a pool, volleyball om t, tennis court, logging tract and barbecue picnic area. { { III f i } _ i F ~ 1 owl i ATTACHMENT 5 tMTBNtITT ARIA • 11S Bn1 =3AC SOUMDA BT D=tCRIPTION I I East: Port North Drive and South C819011 Blvd Nest: Collier Street III North: Eagle Drive ! South: I-35C and a line that follows Greenlee street to PocL North 1 Drive i , i a P I 1..I c. ~ A r" - 1\\,\ i ~ ACJ11M 0 1000 2000 ~ ~~;~.~l1 I ®urr«wyPal rout i 5-1 1 f LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT -CITY -OF DENTON . Intensity area It 118 Type: Low Intensity Trips/ac 60 Traffic survey zones: 6397 6586 6664 Boundary Description: North: Eagle Dr. I Southr I- SE, a line follovinq Greenlee to FT. xort3 Date: 11/28/89 East: Ft. worth Dr. and South Carroll Blvd. West: Collier St. , ---------------------------------------r-------------------------- g LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS 3 CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITI ----------------------rr--r----------------------r--r--------rr----------------- SF-16 < 11 5.48 110 0 0 0 0 0 SF-10>16 76 28.72 760 0 0 0 0 0, SF-7>10 98 29.51 980 27.05 1136.1 0 0 0 LESS SF-7 94 21.82 940 0 0 0 0 0 MO8.NOMES 0 0 0 0 O 0 0 01' DUPLEX 2 0.37 20 111 88 0 0 0 MF-R 4 0.19 32 0 0 0 0 0 MT-142 536 27.6 4288 0.92 184 3.94 54 432E COM/RET 0 13.06 8489 1.27 82565 5 0 32901 OFFICE 0 1.06 371 0 0 0 0 03 INDUSTRY O O 0 0 0 0 0 O,{ INSTIONAL 2 3.5 297.3 0 0 0 0 0t PARKS 0 0 0 0 0 0 0 0 } R/0/SPACE 0 0 0 0 0 0 0 '0 TRANSPORT 0 12.54 0 0 0 0 0 Q' t ACRIC. 0 0 0 O G 0 0 0 VACANT 0 39.26 0 O 0 0 0 0 -r--.---823 ---183.13 16288 r •30.34 2234 -----8....... TOTAL rr-34•- -~6•• 82 . --rr-rrrr-rr-rr.-rrr-.......r.........r..........-r .......r.. ~Ir..r.. r INTENSITY CALCULATIONS ------..r....-r...- III Intensityy area total tripe 63.13 titres 60` 104e8 2 Trips allocated to existing land uses (built) 16218 3 Trips allocated to currant coning incl. P Ds (not built) $916 4 trippe allocated to vacant lands not coned plus A11~rie. coning 0 5 Estimated unallocated intensity trips i)r,inus(2)+(3)+(4) -11215 6 Percentage of intensity trips allocated 202 ♦rrr-rrrr♦r...rr.rrrrr.r.r.r...r.rrr.rrrr.rr.r.r.......r.rr........... ........Y I R f 5-2 i 1 t~" 4 s . i P62 Minutes March 20, 1991 Page 3 Mr. Glasscock asked if the store will be the same as other Braum's. Mr. Hersh said yes. Mr. Appleton asked if there will be landscaping. Ms. Feshari stated that the city's landscape architect, Owen Yost, has approved a list of vegetation that will adapt to this soil and clima'.e. The applicant has been working with him. Mr. Appleton asked where the sign will be. Ms. Feohari replied that there will be an on-premise sign F complying with the sign ordinance, a roof sign. and a space u on the shopping center sign. Ms, Morgan and Mr. Engelbrscht arrived at the meeting. e Ms. Brock asked when construction will start. Mr. Hersh said that it would be the day after the Council approves the zoning. Mr. Glasscock asked how long the construction will take, Mt. Hersh said 90 to 120 days. ~ ~ No one was present to speak in favor or in opposition to rho petition. Recommendations Ms. Feshari elated that staff recommonds approval of the zoning change and detailed plan for SfdUm'8, 1 ' Chairperson Brock closed the public hearing. k It was moved by Mr. Glasscock, seconded by Mr. Kamman, and unanimously carried (6-0) to recommend approval of t-91-001. V. x-91-002 hold a public hearing and consider rezoning a 7.494 acre tract of land from SF-7 to PD for the purpose of multi-family uses on property located on the southeast corner of Bernard and Collins Street. 68 property owners within 200 feet were votifiedi 4 renponres were received in favor, 6 opposed, 1 undecided, i And 2 wore recelvod in favor that were from outride of the t 200 feet notice area. i tl1 ,4 do ~ ^M I PAZ Minutes March 20, 1991 A Page Staff Reports Me, Fesharl presented slides of the site and the staff report (attached) to the Commission, MC, Appleton asked if staff is asFinq for a park donation, Ms. Feshari replied that staff is not asking but has made the applicant aware of the policy. The applicant has the option of donating land for a park or paying one-fourth of j one percent of the construction cost. ~y•" Mr, Engelbrecht asked what a story and a half is, j } Ms. Feshari answered that It is one story with a loft. ~ s 4 ' Mr. Engelbrecht asked if that will limit height. i Ms. Feshari said yes. The commission also has the option of i making a height limitation a condition for the plan.. Mr, Kamman asked about the packing layout. 3 Ma. Feshari said that it will be shown on the detailed plan. Petitioner= Dale Irwin) 515 S. Carroll, stated that he + works in insurance and real estate. He is the prospective owner and developer of this site. He is proposing to develop it into low density, well-planned apartments, Thera will be no more than 88 units. There will be five buildings with lb units and one building with 8 units, The building with 8 units will face Bernard, it will have a residential facade. The one and one-half story gives r little flexibility but the units will basically be one story with a loft units it has a little more height than one story but }Iklk there ace no stairs, The look will be similsr to his office on Carroll, The building on Bernard will be at least 80' from houses on Bernard, the driveway will be at least 8' 1 from the Sizemore (the nearest hone owner) property line, } The aecondl third$ and fourth buildings will be on the south part of his property and at lest 80' from the sisemoca's back yard. Bordering the houses will be a hedge for j screening, The remaining two buildings will face Collins. ! There will be at least 30t mnre parking than is required. There will be no front yard lacking on Bernard at Collins, The-Units will be a mixture of ono and two bedrooms and a few efficiencies. There will be coiling fans, washers and dryers, etc, The buildings will be 50% brick with aome aiding. Some will have fireplaces. There will be a swimming po4A in the middle and a volleyball court, There will be a sidewalk along Collier and Bernard Streets that ' -will incorporate into a jogging react. Entrances will be on Bernard and Collins Streets. The Bernard Street entrance will he wider than normally cuquired. 4 " IO'Yl <'Rin P3i Minutes March 20, 1991 Page 5 He continued that the possible occupants include young professionals, families, and UNT people. UNT enrollment has increased and the number of prospective students will gtobably increase because of UNT's reputation, it is uorsible and probable that enrollment will reach 30,000. There have been no new apartments in town since 1986, yet the town and the university have grown. There is a definite need for more housing. There is a demand and there will continue to be one. People working downtown, at UNT, or attending UNT should not have to move away from the area to find housing. The main reason for people living in the area j j, is convenience. He is proposing 88 well-built, quality, residential units with at least 80' of buffer from the Sizemores and O'Rear homes. The occupants will be young professionals and people associated with UNT. Mr. Engelbrecht asked if Mrs Irwin had spoken with local homeowners about traffic problems and why he designed the Ingress/egress on Collins Street at that particular location* i Mr. Irwin said that he tried to avoid building next to a house. Residents of the development may use Collins Street mote than Bernard, They may also walk to UNT versus driving and hunting a parking space. Mrs Engelbrecht asked if there is parking in the 80' buffer. Mrs Irwin said yes. Mrs Engelbrecht asked where the Sixemore driveway is locateds Mr. Irwin said that it is on the south side of their lot. kl~ Mr.-Appleton asked if Mrs Irwin would be willing to submit an architectural elevation at the detailed plan stages Mr, Irwin said It would not be a problems in Pavorl none presents Opposed3 Randy Looney stated that he lives across the street from the proposed development at 1106 Bernard. The reason he Is opposed is that there is heavy traffic up and down Bernard 24 hours a days The proposed driveway is at the base of a hill and it will be hard to sees It is also coming out at his houses There are numerous wrecks at the :ollins and Bernard intersection because it is hard to mess Bernard is a residential width streets There are numerous other complexes in the areas They draw crime to the neighborhood. His home has been broken Into as well as others. More apartments will enhance the problem, There is a lot of rental property in the neighborhood but there ate a i y PiZ Minutes March 20, 1991 Page 6 number of homeowners as well. The children cannot ride their bikes because of the traffic. A car recently went through his yard and broke down his fence. The homes in the area will be devalued by this development. He would prefer to see more stable, single family type residences. There are also big parties in these complexes and care park on both sides of the street. It is difficult now for him to get in and out of his driveway. This type of proposal has come up before and has been turned down because of drainage ' and traffic. There could be a problem with kids getting in the detention pond. Right now water flows off the property directly across Collins and goes to Cleveland Street. When the water is high you can't drive down there. Me has some of the scenic view from his home but will be forced to look at the proposed development instead. Be would prefer single family, permanent residences. There are no sidewalks in place but there are a lot of pedestrians in the area, " Traffic is especially heavy on Barnard during school. ; Rocommendationi Me. Peshari stated that staff recommends approval of 1-91-002 with the following conditions- 1 . The setbacks as shown on the Development Plan may be increased during the Detalled'Plan s.%ge, as determined ' by the Planning and Zoning Commission. , is i 2. A tree Inventory will be required during the Detailed Plan stage in order to determine the location of 'protected trees.' Mr. Engalbrecht asked why there was not a condition for height. 1 Ma. Nashari said that the Commission can add that, Typically the buildings would be 20' at the roof's peaks i Mrs Engelbrecht asked if the driveway on Bernard could bo moved onto Collins Street. Mr. Salmon stated that part of the problem with having two drives on Collins is that there is 6 hill. A driveway needs to be at least 100' fror the crest of the hill and that means the two driveways would and up being very near each other. Met Brock stated that the drainage on eagle is already over capacity. She asked if there are any other flooding problems in the area. Mr. Salmon answered that they have received drainage complaints in ttiis area from Collins and Cleveland Streets The drainage comes down the eastern boundary of the subject i i h 4 ti nos] yy~~ .rnvxgag Piz Minutes March 200 1991 Page 7 tract and than goes along Collins to Cleveland and than to Eagle. The water flows down Eagle to the creek down by Briscoe Tires. The Eagle Drive drainage is about half the size it needs to be. 1 Me. Brock asked what a multiple outlet is. > Mr. Salmon replied that it is a design to keep the water rate the same up the the 100 year storm levels It has a small opening and then larger ones which keeps the water at the existing rate on the property. Me, Brock asked if a traffic light is anticipated at Collins i , and Bernard, Mr. salmon said yes if the traffic warrants one. l tls: Ms, Brock asked if a traffic light would be needed at ?°r Bernard and Eagle if there was one at Bernard and Collins. c Mr. Salmon said if the traffic became bad enough It could warrant one. Ma. Brock asked if there are any improvements planned that would create city installed sidewalks in-the &teat Mr. Salmon replied that there are CIF dollars available for a, t general sidewalk construction, Mr, Appleton asked if drainage will be addressed at th! " detailed plan stage. is Mr. Salmon answered that they will know more about It at that stages Improvements would be impleftented with i platting, A detention pond would mitigate drainage from, v this developments There is going to be traffic from the I development on dernards They could be limited to one 1 +r' driveway an Collins or they could try to work out two on Collins but he thinks they would just end up With two driveways at the eastern and of the development. Mr. Bngelbrecht asked which driveway will generate more i traffic. Mr, salmon said that it is hard to tell without seeing a parking lot layout. Mr. Bngelbrecht asked about the planned wider driveway on Bernard. `A Mr. Salmon stated that the city neither required a median gr" driveway or discouraged it. it does not offset a development i i i G P4z Minutes March 200 1991 Page 8 of this size. It has more aesthetic than traffic value. It can handle more traffic and would work that way for s larger development. Me. Brock noted that this development seems to increase the intensity violation. Mae Peshacl stated that staff used the criteria for disproportionate share and decided the development would constitute the least intense, most logical land use for this i sites Mr. Engelbrecht asked how Collins and Bernard are classified. . Ms. Peshari said they are collectors. Rebuttal: Mrs Irwin stated that anything that is built on , the property will increase traffics His engineer brought up the point that it it were developed single family# each home would probably have three bedrooms and might create more p traffic than a one or two bedroom apartment unite There is no way of knowing how many cars will be at each home or i apartment and how many people will walk to their 1 destinations. He teals comfortable that this development 1 will be as good as single family. Crime Is unfortunate. Be wishes it could be gotten rid of but it is unfair to may that apartment dweilar.w are more prone to crime, The people < that he deals with are usually fine$ young people, ti Mr. Engelbrecht asked about how many hopes could be developed on the property if were SP-7 zoning. 'e Mr. Irwin said about 40 something unites I " , Mrs angelbrecht asked where the main entrance and sign will It be, Mrs Irwin said that it will probably be the Bernard Street entranceway. That will be the focal point. Which entrance people use that live in the apartments will be based on where they are goings parking lots will be scattered throughout the complex. r Mrs Engelbrecht asked if Mr. Irwin would be willing to lay out the parking so they residents will have to use one entrance or the other but cannot use both. Mrs Irwin stated that it is an objective and is why there will be two exits Z! Mrs Engelbrecht asked if he would limit it so that people cannot drive through the development, 4 L co. ~n..n--sry~ i Pia Minutes March 20, 1991 page 9 Mr. Irwin said that the problem with doing that is that the lender will not look kindly at two separate developmentso he is more likely to get a loan for one project. Mr. Glasscock asked when he would start construction. Mr. Irwin said he is unsure. It will not be this year. He will probably phase it in over the next two years. Mr. Engelbrecht asked if he would design the parking so that it doesn't prohibit but discourages driving through the entire complex and would create more equal egress. ' Mr. Irwin said that he does not have an exalt layout but a, that will be an objective. The traffic can gu either way but the logical method of egress will be on Collins Street. Chairperson Brock closed the public hearing. She stated that she is not concorned just about this tract but about the whole area and the possibility of a domino effect. Apartments are already approved to tho south of the project and there is another large one nearby. The Land Use Planning committee didn't want another 'concrete city'. Of course, this project will be nice but it is becoming solid apartments in a low intensity area. This plan is good in a lot of ways and she is not sure it a three bedroom house would be•markatable, at this location. Garden homes might, be more appropriate. 'This site is beautiful with its ¢ elevation$ greenery, and residential characters The solid : sheet of apartments between Eagle and 1-35 needs to be broken up. In the future people are going to have to walk- i more. That needs to be made feasible. She would hate to see a light at Eagle and Bernard. The traffic needs to be kept moving on Eagle. Also, apartments would be over I~ density in this area. Mr. aaaman asked it turning down apartments would mean that a portion of this tract would not be usable. Has Stock said that it would not develop to the maximum bec-.use of drainage. Mr. Engelbrecht agreed with Ms. Brock but said the property is not going to develop SP-1. There would be smaller lots and smaller, set* lot line homes which would not be a great deal of difference in trhffies The new streets would be 1• similar to the planned driveways because of topography and there would be less potential for directing traffic. The apartment system could encourage use of both entranceways. It also allows one individual to control the detention system. With single family, the detention would and up s dedicated to the city for our maintenance. umd i Piz Minutes Match 201 1991 Page 10 Mr. Bolt arrived at the meeting. Mr. Appleton stated that after looking at the design, screening, and recreational facilities* he cannot see this property being developed as other than apartments or townhomes. The proposal is not maximum density and seems a suitable project. It is obviously not 'cement city'. y:.. Has Morgan agreed. She said it would add to the aces. Mr. Glasscock said that it is a good land ass, The tract needs to be developed. The Commission hasn't approved many 1 apartments lately. The occupancy rate is high and if the ; increasing, mote apartments will be needsd, Population is He moved to recommend approval of 9-91-002. Aotion was 4f seconded by Mr. Bolt. Mr, engelbrecht asked if that included the staff conditions. Mr. Glasscock said yes and that other conditions could be added. Mr. Robbins noted that maximum height is listed in the plan J iii standards. 's1 Mr. Engelbrecht directed staff to look at directing traffic to both entrances.' Mr. Holt stated that substandard housing is associated with i V the university. There hasn't been many new apartments i lately and they will have a good effect, New ones force the others to upgrade or tear down or go out of business, £ .I Motion carried (6-1). No. Brock voted not VI. Hold a public hearing and c,nsider an ordinance amending the Sign ordinance. Mr. Robbins summarized the major proposed amendments to the existing sign ordinance. Bob Powell, 2815 M1lsonwood, staled that he is in favor of the proposed sign ordinances Be has seen how the existing sign ordinance has affected businesses in a negative fashion. Employment and new businesses coking to town were also atfeoteds One business had to paint over old signs. Another business changed the paint scheme on their building but not on their sign. The high school has a very appropriate sign that fits the building, but it they were to try to put it in today, it could not be permitted under j^a the sign ordinance. Be understands that the proposed ordinance doesn't address all the problems but it is a step ,fy in the direction of common senses if new businesses cannot come to town then taxes on homes go up, „ borne ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, :XAS, APPROVING A CHANGE FROM ONE-FAMILY (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLAS- SIFICATION AND USE DESIGNATION FOR 7.4 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS] APPROVING A DEVEL- OPMENT PLAN FOR THE DISTRICTt AND PROVIDING FOR AN EFFECTIVE DATE. ` WHEREAS, Dale Irwin has applied for a change in zoning for 7.4 acres of land from One-family (SF-7) to Planned Development (PD) zoning district classification and for approval of a development plan for the districts and WHEREAS, on March 20, the Planning and Zoning Commission rec- ommended approval of the requested change in zoning and the approv- al of the development plant and WHEREAS, the City Council finds that the change in zoning and approval of the development plan will be in compliance with the Denton Development Plant NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENfON HERESY ORDAINS: 11 SECTION 1. That the zoning district classification and u:10 designation of the 7.4944 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from One-family (SF-7) to Planned Development (Pp) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Development Plan for the district in accordance with article 11 of Appendix B-Zoning of the Code of ordinances. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. F BOB CASTLEBERRY, MAYOR I , F } ATTEST: ~r JENNIFER WALTERS, CITY SECRETARY BYs I Y4 f• APPROVED AS TO LEGAL FORM t r DEBRA A. DRAYOVITCRo CITY ATTORNEY ' I;zsl BY 1 ail i S , r a e A a ,4 y4 PAGE T ' i ,r.. _ n. w,~^~._ .i+J~m:iw%W+:i>dd v+r A,evw. +iYI++~~,.+w+. . N. i I Exhibit "A" 73698 T I ELD NOTE 7,1944 ACYe tact Y; Being all that certain tract or parcel of land that is situated in the ' Alexander Hill Survey, Abstract Number 6230 Denton County, Tlxes, being a portion of a certain (called) 8.000 mots ar less acre tract deeded by Fannie O. Sanders, at al, to R. L. whiteside on th-, 2nd day of April, 1916, of record in Volume 146, page S12 of the Deed Records in and for the County of Denton and State of Texas, and being more fully described as follows: Beginning at a cross tie, fence cornet at the Northeast corner of said i ' 8.000 acre sort or lass trace on the, South boundary lino of Collins E Strastl 1 Thence South OS degrees 44 minutes 40 seconds west along and near a k fence to a cross tie fence corner at the Southeast corner of said 8.000 acre tract a distance of 460.10 foot to a fence corner post) Thence South 89 degrees SO minutes SO seconds wet along and near a a j fence to a fence corner at the South Southwest corner of said 8.060 acre tract a distance of 610.20 fast to a fence corner post! Thence North 01 degrees SS minutes 32 seconds Zest along and neat a ' fence to a fence corner at the Northeast corner of a lot described in A ' deed from R. L. Whiteside to Narvy L. Sicemore of record in volume 3010 page 4S, of the Dead Records in and for the County of Denton and State of Texas, a distance of 176.79 fast to a fence, Corner Post) Thence North 89 degrees 44 minutes 63 seconds West along a fence • distance of 149.69 feet to a fence corner post) Thence North 01 degrees 12 minutes 56 seconds Cast along the East boundary line of Botoard street a distance f 290.4 feethte) aitst"I in on the North boundary line of said 8.000 acts, ttsat at of the East boundary line of Bernard street with the South boundary line of Collins Stro,.tl last aloi2 the Thence 89 degrees 34 i also being cthee North boundary h ll46uof boundary Olin of Collins street minutes said 6.000 acre tract a dietanCo of 761.83 foot to the Point of Beginning and containing in all 7.4944 acres of land. fir.., i ,t :4. Exhibit B k w G .si DEVELOPMENT PLAIT Z OR HE OTHER PLACE S ` Y General Information (1 page) Site Plan (1 page) t 11~ ~ ~ ~ I y r r ~ ~ I rv i i .}.r 1 .Kr`. 1~ its ' 8 h n f «s, a«r a i; i lr r. i 3' I j , j • rn««x>41Wlk t~l'r 'r ~a. xxnM.n~ I General Information The area is designated for Relationship to the master plans low intensity use, which is defined by the Denton Development Plan as less than 12 dwelling units per acre. This project will have a • - , maximum of 98 dwelling units on 7.4 acres, or 11.8 dwelling units 4r 0 per acre. 2. Size. 7.4944 acres. 3. Permitted Uses. Apartments 4, Development Standards. As shown on the site plan, including the following! (a) The limitation of one and one-half stores shall mean a limitation of twenty feet. (b) The buildings fronting Bernard will have a "California N contemporary" srchitsotural style similar to the on* story o!fice building at 519 s. Carroll. - `s , r n ~ ~ al it ri ~ •4aec,Ma .ycr a.,~ .a, .+r.:., .r..+.uM~M" :1' . 14 DATE:4/16/91 CITY COUNCIL REPORT FORMAT is T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City manager SUBJECTS 2-91-001 • ti ji; RE COMM EN DA a ON t Planning and Zoning Commission recommended approval unanimously SUMMARY Consider amending Planned Development 28 and rezoning a portion E ? 5; of land zoned Light Industrial and consider a detailed plan for 1.59 acres of land for the purpose of a Braum's Ice Cream and Dairy Store. The site for the prcposed request is located in a major activity center. The detailed plan conforms to the Denton Development Plan policies. BACKGROUNDS See history in Planning and Zoning Commleaon report. !s PROGRAMS DEPARTMENTS OR GROUPS APFECTEDt City of Denton Code Enforcement Planning and Development F; : I Reaps ly subm ttedt Pre ared byt Lloyd V. Hare 1 City manager ..r' Kar n K. 4010~hari Urban Planner Approved frank . Robbins, A 8lecutLve Director rit planning and Development I; 16441 r zs , r P ~ .rye 'fit. ~ 1 F. t r . PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council Case No.: 2-91-001 Meeting Date: April 16, 1991 i GENERAL INFORMATION Texas Conference Assoc. of Seventh Day Applicant: Adventists 307 W. 6th St. Denton, TX 76205-3215 ! o { (Marvin Matthews) Braum'8 Ice Cream and Party Stores P.O. Box 1486 Payetteville, AR 72702 (Joel Hersh) Texas Conference Assoc. of Seventh Day Current Owner: Adventists k: Planned Approve a detailed plan by amending Requested Action: APP a portion of Development 28 and rezoning a land zoned light industrial comprising a total of 1.59 acres of land for the purpose ,A of a 8raum's Ice Cream stores tract on the Location and Size: 1.59 east corner offSadaudCourtaand Colorado uth Boulevard r. Surrounding Land Use and Zoning: E h North - Light Industrial (vacant) j South - Planned Development 28 East - Planned Development 28 West - Planned Development 28 (Walmart) i Denton Development Plans 3 Major Activity Center. r SPECIAL INFORMATION Transportation: i ~ ki The applicant will be responsible for the construction of the sidewalks on Sadau Court and Colorado Boulevard. ! > eta l pt s , { t 1-001 case Z-91-001 Page Two SPECIAL INFORMATION Cont. Dtilitiest Water: This site has an existing 12 inch water line available on Sadau Court. ' Sewers This site has an existing 8 inch sanitary sewer line available on Sadau Court. Electric: A transform' for this site will be situated in a utility ea' nt on Lot 9. The Electric Utility Dept. is satief+ with the proposed detailed plan. Drainage: The drair r system was Installed with the s e dorisinal Streets provided with th 9• f adequate and were Streets t. vrainage patterns and driveways are adequate however, this site should be graded in such a manner as to keep water in the streets and out of the driveways 11) order to achieve this, the grades in the driveway on '~Yf Colorado Boulevard need to be raised. ` HISTORY ~ ~ • ~ } 1 „I j b eat 1, on May 22, 1980, the City Council approved Z-1436, a rezoning of a 32.055 acre tract of land from t2,e commercial and agricultural districts to a planned development district , (PD-28i ordinance No. 80-44). ° Council approved Z-15251 a 2. On January 26, 1982, the City rezoning of a 7.2498 acre tract zoned commercial to Planned Development No. 28 (ordinance No. 82-13). r* 26, 19820 the City Council approved Z-1526+ 3. January re ' rezoning of a 16.6134 acre tract from planned development to Planned Development 28 with the same conditions as Ordinance 80-44 (ordinance 82-14). 1 ` I Ai ,r I tir ~ i. 'r HrI MVY a v ! . - .irwwr.. M rT'J.,yqq., n ~ nf'- r 4 X11 u 1 N ~ WY/ ,a Case Z-91-001 Page Three 4. On November 1, 1988, the City Council approved Z-88-015, amending the detailed plan of PD 28. This amendment applied only to a 4.96 acre tract located south and east of Loop 288 between Colorado Boulevard and 1-35. The plan delineated a redesign of the existing parking lot to establish the required amount of parking spaces (ordinance No, 88-178). ANALYSIS This property is located in a major activity centers more " specifically, it is one of four (4) urban centers recognized in E:y{ the Denton Development Plan (DDP). These are the largest r centers strategically located to encourage the concentration of commercial, retail, office, light industrial and multifamily housing. These centers are intended to serve as the hub for economic activity and employment. Major activity centers have no maximum limits based on trip generation factors. The availability of adequate infrastructure is the most critical factor and the Denton Development Plan suggests balanced growth that is planned to ensure that neighborhoods, residential streets and facilities are not disturbed. ti In 1980, the majority of this particular tract was approved for specialty shops as shown on the adopted site plan. The remainder of this site is zoned light industrial in which this. proposed use is allowed. i The location of the development is in a concentrated commercial/retail area. Both Colorado Boulevard and Sadau Court are already improved streets and all infrastructure is in M place. This proposal would not have a negative impact on neighborhoods or residential streets. Because of the dense commercial activity in this area, there is some concern about traffic circulation. The City Engineering Staff has evaluated i the traffic impact off-site and is satisfied with the proposed ingress/egress and internal circulation as reflected on the detailed plan. The requested rezoning and detail plan appear to be in conformance with the Denton Development Plan, i I s: 3( , 4r YAYAYA •1 1 i fJ I yar++,. . r i .,lo-• my el. Case Z-91-001 page Four RECOMMENDATION i and Zoniong Commission recommends approval er The planning 6-0. i Z-91-001 by a vote 0f 1, 4 1 ALTERNATIVES rove petition with additional conditions r:. t y 2. Approvet petition <s 3. Deny pet ATTACHMENTS 1, Location Map 2, Development standards detailed plan 3, Reduced copy of lane I{. Reduced copies of landscaping plans I ,r I r 3129k r' J } V, w : y rj~ X14 r. I .1 ~ 4 V01 d r. r ` ri4. • t tr` b 1 40'~ it I ATTACHMENT 2 Z 91=001 BRAUM`S III A Y AKS OA. fr raf(p f~4tMWf 11 ,4 . i gyp. AWNU a TO IF CA K. q , • 5. y ' ou o~ cq~a t' i i F7 .I; 1 E 1 li ATTACHMENT 2 CITY OR DENTON APPLICATION FOR PLANNED DEVELOPMENT DISTRICT Applicant's Name: Texas Conference Association of S0 en h-DAM Adven istar_ BRAUMIS ICE CREAM (W. H. BRAUM, INC., an Okla Corp) Status of Applicants Address: %Pastor Marvin Mathews 307 W. 6th St, De^t^^ p a p-r ! U sf r" F ~r,~ 7-7Jt~, z i KWy,)pI}dt)11(YK BRAUMIS---1 Joel Hersh--ISO 1 2 sips ` Ila Telephones { 817 ) 382 1437 (0f ice of pastor Mathews) R 1 Signature of appllcants Data: Texas Co erence Association of Seventh-Day Adventists Owner s Names f' . t k. game An Amvp Address: City and States s i pt Telephones { )same is above r+, I certify that I am the owner of the property described in this petition and that J Mrs Marvin Mathews is authorized to file this application on my behalf. Signature of Owners Date) / r one ti TeXas Col1~ -9~ ~r7E'KA/► Y GE j Piling real concept Plan Approval or Detailed Plan Approval. or Amendment Thereto: ' $1,000,00 Pius 450.00 per acre or part thereof) 6,000.00 maximum Golden Triangle Mini-Mall Denton, Txl Address and/or location of request + j Please see attached materialss Existing zoning early PUD 1281 art! "I" Requested stoning and proposed land use (it known) neW PUD1 see attached materials for requested permitted used rr HAS a pre-design conference application been submitted? Ya A. Iv j Is this a plan for an existing planned development? R28 Yes do (in part) t What is the number of the existing planned development?. ! (or ordinance number) n ab r: 3/6l 2-1 t r tl I , • dl: Traffic Impact Study Ridgecrest Park ;i Reno Ave, 6 Shadybrook Drive V t. Northeast Quadrant of Garland and Garriott Jr F 1 ° E a~+,r qa 1 !t Hidwast City, Oklahoma E 5..4 I~r , ,.f I r i TRAFPIC STUDY CONDUCTED FOR HIGH VOLUME BRA UM ICE CREAN STORE }i I I IY Prepared bye ry Steven D. Water, P,E, E Traffic Engineering Consultants, Inc, r f 3140 w, Britton Road, Suite 4C j Oklahoma City, Oklahoma 73120 ,k tl i r r' r f t ~ Y ! December 18,1986 l!. fIA 2-6 F l p~ f, i . ~ 1 tl r PVL~ r 1 y ti; Y a 5 . f r ~ 4 I' 7 'OJECTED TRAFFIC STUDY FOR HEAVY VOLUME UM ICE CREAM STORE PROJECTED AUTOS VISITING STORE EACH AM HOURS 25 PROJECTED AUTOS VISITING STORE EACH PM HOURI 93 1 These figures assume that the BRAUM STORE to be located on high traffic count artery. NOTEi Average Daily Traffic (ADT) number of 2200 is total of both vehicles entering and exiting the store. Actual number of vehicles visiting-store is projected at 1100. r.$ I1, AM PM LAND USE ADT IN OUT IN OUT BRAUMS 2200 25 25 93 93 rK 3650 SQ. FT ` 0 19 4 f4 10.2 M SQ. FT. TOT ;so 44 29 7 ! li r.i aA ,6 a r r, a PP 1 TABLE I TRIP GENERATION +Y i 1 p' ~ 1 X19 1"r • Yl.. 9Y ' J _ rI J1 (~.I tx `r 'JI 4 4 6 If ~ r E rte, I OffICE OFFICE OFFICE BRAINS i r 5 f , F ro~ ' F. 1 + V 6 5p RENO AVE. .000~ } r 35 "M I ' PM PEAK TRAFFIC r + 'jz FIGURE 2 i J ) ) r{ , a 4 f -1 j 1 d ~Fy ~i tr, i< ~y. ~ a w..~ . Y .-i \r~r•+ ..r..»..... FINIS ICE _ AMA '_ORE f 4tw.MICY• ~w/~l / IMF ~ trw r _y u1~ ~y Rt, { ♦I~ Y ~ ~ ' ~`~'\r .•YY• LM Wk WYM.MIIR♦Y~W 1~f1~1~ ^ 07 • i 1, ~ .~10 \ _ ~ r ~ r. Fr11•M wM~ • wJf1 lr h , i r ` / jjrw F'Y . 'f y.•r a.•r wl . .lam w h..~ oi, SLY. Mr ~ ' `r • yw,w~Fy..~w~~My • atm. h A "`4 r \ , I. M•~.Y i1f M,.M WF •YF. 1.~M h lI~ ..•r .wti wr. M r~~ W 4 \rl Mn'~ 4li,i• F..e M.r w Il ~ ~ ` • \ , \ \ •Ff ~ rw~j~.y~r r~•.M MY. fMr h ~ Ii~~~' pow, + 1~~-~. ~ H•~ 'r !1151 p 1 a-We w w. i + Ir.t I.w h•• Nq \ 1l. t , \ ` ~ r •wlw i MII r•Y - I-%* do I v f it , ; If , ~1~ 1 a• LAWMAK KM 10 KROt / ~ .rlL~ 'ter 13RALMS ICE CREAM STORE .r.nr. o/ 1 , • ew• ..M. r up s 1. YsI +S gY..Yl.l ..-~I.. E..IU. r~R~~~ 4i ~I, e~`.I.., oouwooikw.owro~low 40 f / ~ / rl ~ •~y 1 w MrYI 'V • • ~ is H l ~ \ 1. MM ICY .Y . Y.H I•lR ► ~WhFW IOW YYb.1 Y.M 14w ,1, C Vl ~ Y■ ei ~y~,.~~ ~Y~ w FCn r ~ • I[[e~~w!!~~~M!~Y}Iyw~l 1~.w4r Y,.YI r IyN r R ~ ~ ~ ' ~ I NLM~.IYYN J~i• M J~ u.R... a• 71 IrYl rr tr►Mrw lk~ ' ~ ~ \r w■1 e..I..Nlr.eel ~ ~ ,iii rr I r~' v'~f ~ A ~ ...n1 1 3 c i 44 w rN r~. :S~'~:ya I 5, 1 1. .~f t r r i ~r . e ti Y iN k i b. ~ I E ~•.y Mwr7 t~ON f \ alr•••1•,NII•R MIY ~ Wi w••w i a \ .O ' a •••W rnl Wl~ Y ~ ~ ru • 1 ~ ~ Y \ ~S 1 r S w• ~ ~ . Ir I . I O' ' f n . ~ t ~ • rw~ww ' • ' Y '14 .f: r hF.Mry 1 J. ' rrw r•n• ,y ' WWI., J.K 11 'I I ~ I JNr t \ \ r1~ri~rK.r 0 11 ° {j 0 1w 1 ~ H 1 1• I 1• R.• 1A ~ ~/.~Illrl IJr• 1 M 1 1 I • . . r~ I y f _ f bmm.C 1 I i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXASt CHANGING THE ZONING DIS- 'TRICT CLASSIFICATION FOR 0.3844 ACRES OF LAND FROM LIGHT INDUSTRIAL TO PLANNED DEVELOPMENT (PD); ADDING THE REZONED PROPERTY TO PLANNED DEVELOPMENT NO. 281 PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR ti A BRAUMS ICE CREAM STORE FOR THAT PORTION OF THE DISTRICT LOCATED AT THE CORNER OF COLORADO BOULEVARD AND SADAU COURT! PROVIDING FOR PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOFI A AND PROVIDING FOR AN EFFECTIVE DATE. WHEREASt Braume Ice Cream Company has applied for a change in zoning for 0.3844 acres of land from Light Industrial (LI) to Plan- ned Development (PD) zoning district classification to be included as part of planned development district no. 281 and WHEREAS, the petitioner has asked for approval of a detailed plan for the construction of a Braum's Ice Cream Store in the plan f ned development districts and WHEREAS, on March 201 1991, the Planning and Zoning Commission recommended approval of the requested change in zoning and approval of the detailed plan) and WHEREASt,the City Council finds that the change in zoning and approval of the detailed plan will be in compliance with the Denton Development Plant NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION 1, That the zoning district classification and use designation of the 0.3844 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Light Industrial (LI) to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, and shall be added to and included in Planned Development no. 28. SECTION ii. That the detailed plan, attached as Exhibit C and incorporated into this ordinance by reference, is approved for the property described in Exhibit 80 attached to and incorporated into + this ordinance by reference, in accordance with article 11 of Appendix B-Zoning of the Code of Ordinances. SECTION III. That the City's official zoning map is amended to I show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2pOOO. Each day shall constitute a tseparater and distinct h offens~nance is violated NINE T~_ IMF- I,IA•. r. 4 Y'.... _ .,.r.r it"._....... .....u... RIM WA Mal 9 SUMMN V. That this ordinance shall become •ffective fourteen j (1<) days from the data of its passage, and the City Secretary is f hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newsp pad of the City of Denton, Texas, within ten (10) days of the dat bf -its passage. F PASSED AND APPROVED this the day of 1991. i y' ;1 a ' '1 art: BOB CASTLEBERRY, MAYOR i, ATTESTi JENNIFER WALTERS, CITY SECRETARY BYs • of APPROVED AS TO LEGAL !'ORM= DEBRA As DRAYOVITCH, CITY ATTORNEY i 'Jill F BYt iXl 1 4,.4 PAGE 2 aii : r e. r..._. paw t 4 Exhibit "A" i COMMENCING at the most southerly northeast corner of Lot 10, Block A of the Golden Triangle Mini-Mall Addition. THENCE north 89 07 58 west a distance of 37,43 feet to the Point of Beginnings THENCE north 890 07' 58" west a distance of 290.70 feet to a point in the southwest line of said Lot l0, in a curve to the right, whose radius is north 590 23' 27" east a distance of 't 423.50 feet, and a central angle is 00 23' 2811 , THENCE with said curve a distance of 2.89 feet to the most , westerly corner of said Lot 10; - THENCE north 660 51' 46" east a distance of 54.64 feet . to the ` beginning of a curve to the left, whose radius is 47808 feet,` and central angle is 120 42' 541; THENCE with said curve to the left a distance of 106.25 feet for J r the end of said curve! THENCE north 540 08' 53" east a distance of 74,06 feet to' point for a cornea' THENCE south 350 51' 07" east a distance of '152.91 'feet to ' the point of Beginning and containing 0.3844 Acres of Sand. { 0707E/73 j is II :3 14 1 ^ Z H, F # 44 t, , 1 I . . u. r w.n,.slbt ~ 1 f • I ` Exhibit "8" ~ LEGAL DESCRIPTION OF PROPOSED SRAUM's ICE CREAM STORE DENTON, TEXAS _ _ A part of Lots 9 and"'i'0','"-B16ck A,' Golden Trfangle Kinf-12Tl- Addition to the City of Denton , Denton County, Texas, according } to the plat recorded in Cabinet F, page 373, P1 at Records, Denton I County, Texas, more particularly described as follows: ' 1 Beginning at the Northwest corner of aaid Lot 10; Thence North 86051'48" East and along the Southerly right of way ~ rll, line of Sadau Court for a distance of 54,64 feet; I f r . rj'..♦ a. Thence Northeasterly on a curve to the left having a radius of ' 478.78 feet and along said Southerly right of way for a distance r ; of 106.25 feet (Chord=N. 80030'19" E. - 108.03 feat)l Thence North 54008163" East for a distance of 74.06 feet; is F,M, , Thence South 35061'07" East for a distance of 212.62 feet; Thence South 02°66'26" West for a distance of 256,39 feet to the Northwelt right-of-way line of Colorado Blvd,; Thence North 47°48'18 West for a distance of 313,71 feet; Thence Northwesterly on a curve to the right having a radius of, ~ 423.50 feet for a distance of 130.02 feat (chord=N, 30400'40" Mf-' 129.62 feet) to the POINT OF BEGINNING, Containing 69,1;0,30 f square feet, / J l S , N♦. r T.. 1 11 Lys e '1 1 `r Tjl v i Jrr >r r4, ~I i r rc r- . Ip'~ anw+. ~ I tab . C1 r a t 11 ~ n e {Y i F. a E Exhibit C x' I h Detailed Plan for Braun's Ica Crean Storet 7~l 1. Development information (i pale) 2: Site Plan (1 page) 3. Landscape Plan (2 pages) 4. orainage Plan (1 page) A 4 F I tt 1 I II S t . , as v 6 i } i ' a r, I •s . I r; r y 01. Sg ~~'uFr ~~I p ! [ . a 1 all y~... r i nt r rr1 1 I a, Development Information M 1. Statement of Intent of Owner. To build and operate a -Braun's ice Cream store. L' . y i 2. Relationship to the Master Plan. The plea complies with 1 the Denton Development Plan. + 3. Sine. The district has approximately, 1.59 sores. 3 n4. Permitted Uses. A Mum's Ice Cream Store or any similar retail business whose primary purpose is to provide goods and`ser ' vices to the general public for their use or consumption. 5. Development Standards. As shown on the site and la ndsoa Pe plans. f ;j X14 r e` {'tJ 1 r p i , l r1 q, . 1 fflu F ' Y ~ffr, ~ AyV P - I I i v 1 r t. t;. M *011, 1 p nal psi Minutes March 20, 1991 page 2 III. Consider the preliminary and final replats of the T.N.S.C, Addition, Lot 1R, Slock le Staff Report: Mr, Yost stated that the tract is 6'1828 acres located on the mouth side of Hercules Lane, west of Stuart Road. The property is zoned single family and development is anticipated as an addition to an existing place of worship. There will be approximately 130 feet of j new curb on Hercules Lane. The curb cut will match up with Redatonq Drive. The Development Review Committee " recommends approval, ' It was moved by Mr. xamman, seconded by Mire Appleton, and y_ unanimously carried (1-0) to recommend approval of the preliminary and final replete of the T,Nea,C, Additione Iv. 1-91-001 Hold a public hearing and consider a detailed plan by amending Planned Development 28 and rezoning a portion of land zoned light industrial comprising a total of 1.59 acres of land for the purpose of a Braum's lee cream Store on property located on the southeast corner of „ Sadau Court and Colorado Boulevard, Eight notices were sent to adjacent property owners within F 2D0 feet) none ware returned. f Rf'. staff Reports Ms. Peshari showed slides of the site. She stated that the property is located in a major aatiVity F center) more epccifically, it is one of lour urban centers recognize3d in the Denton Development Plan (DDp), These te; are the largest centers strategically located to encourage > the concentration of commercial, retail, office, light industrial, and multi-family housing. These centers are intended to serve as the hub for economic activity and employment, Major activity centers have no naximufz limits ` based on trip generalisation factors. in 19801 the majority of this particular tract was approved for eK' specialty shops, The remainder of this site fs zoned light industrial in which the proposed use would be allowed, The requested rezoning and detail plan appear to be In ; conformance with the bDP. deeauae of the dense commercial activity in this area, there to some concern about traffic eirculatione THe City Engineering staff has evaluated the ` traffic impact off-site and is satisfied with the proposed ingress/agrees and internal circulation, The applicant for the construction of sidewalks on will be responsible Sadau Court and Colorado Boulevard, The utilities ate okay , and drainage will be addressed at the platting stage. petitioners Joel Harsh stated that he bas worked with staff over the last couple of months and all the issues + have been addressed, arsum's wants to go ahead with the project and to serve Denton better. it to exciting to see r, a new store being developed. i 4 F t { pit Minutes March 20, 1991 Page 3 Mr. Glasscock a►k.d if the store will be the same as other 9raum's. Mr. Hersh said yes@ me, Appleton asked if there will be landiesping* L r, I Ms. Peshari stated that the city's landscape architect, , Owen Yost, has approved a list of vegetation that will adapt to this soil and climate. The applicant has been a - ` working with him. ; Me, Appleton asked where the sign will be. IF e Me. Peshari replied that there will be an on-premiss sign complying with the sign ordinance, a roof sign, and a space on the shopping center sign. Ma. Morgan and Mrs ongelbrecht arrived at the meeting. ls' Ma. Brook asked when construction rill start. Mr. Hersh said that it would be the day alter the Counoll approves the soningee Mr. Glasscock asked how long the conatru.ti0n will yaks, T+ Mr, Hersh said 90 to 120 days. w No one was present to speak in favor or in opposition to the petition. i r a Recommandationt Ms, Puhari stated that staff recommends approval of the zoning change and detailed plan for araum's: Chairperson Brock closed the public hearing. i it was moved by me, Glasscock, seconded by Mr; l and ; unanimously carried 16-0) to recommend approval of t-91-001. V, 9-91-002 Hold a public hearing and consider resoning a 7.494 acre tract of land from SF-7 to PD for the purpose of multi-family uses on property located on the southeast corner Of Bernard and Collins street. ~G 68 property owners within 200 feet were notiliedi 4 responses were received in favor, 6 opposed, 1 undecided, " and 2 were received in favor that were from outside of the 200 feet notice area. a 9: eft, 1 A 101 ~NY:~_ ~t ~ 1 ( V s i Owl WE: 04/16/91 CITY COUNCIL REPORT FORMAT rt_ TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager Se SUBJECT: FINAL REPf.AT OF LOT 1 INTO LOT LR, BLOCK A; DENTON BIBLE CHURCH ADDITION RECOMMENDATION: a~ The Planning and Zoning Commission recommends approval,;. SUMMARY: This is a 9.624 acre tract located on the south side of ' University Drive (Highway 380) immediately west of the proposed Nottingham Drive.y The property is zoned single-family, and development is anticipated of a place of worship, buildings for ancillary functions and the related parking areas. L r° *P ` ' City services and facilities, including water, gas, sanitary, sewer, telephone, electrical, and solid waste, are available. _ I V The re let conforms to the minimum requirements of the Denton roc Subdivision and Land Development Regulations. _ Public improvements include: 'I tM 0 3 Eire hydrants 7 0 2105.83 linear feet of 4' wide concrete sidewalk along ; t. Nottingham Drive and Uniersity Drive. (The funds will be collected via a performance and payment of bond secured by the i applicant.) , f a BACKGROUND: e~ r r i Preliminary plat approved by Council on January 12, 1991, I r t'. PROt;RAMS, DEPARIMM OR GROUPS AFFECTED: 'i 113 Anvers and users of Denton Bible Church y 4 tt M'., y t yt ~ "k +'J'g i~ 9K. 'PW i i e "Omit i I Mayor and Members of the City Council 1fl Re: Denton Bible Church April 16, 1991 FISCAL IMPACT: 1L None a L Respectfu Z ub itt L y' ILI Prepa 8 by: L1 y rre a` t City Manager ii. , e ost r. r Urban Planner Ap i a o ti &xecutive Dire r Planning ani elopment 1 44 2643x 3 apes t I ` ~ ati , ( 1, .d1 \3ppr J ~ y , r .i .h r f NS J X11 '!L ' vV. 4'tt, , 1 I 6^. ~ ( r Y ~ (6Y V x ~r t vy' r' p n jk} : , E { j: Mau I, r E F i 4 r i ty / A" s NNW ' 1 ] 1w k ' F t I A 5 GOALS N L DAN A/_ I-q! C y r~ f I Mont i ' • a . ■ a•avr ~ ~a.a• I 0 1 1 N•a'~r ~ u.N' Y a'1140 1 N.N u s~ 8 4 C r x x.1 a Y 1ltla•1 a.N yM~ ' 1 F 1 ~I 0' ~l~'w l~• l R g T T ,r w 1 No K u N 1 y E r„srr' LOT 1R yg rz~ IN siwiwwf t BLOCK A w wl Yirl 1~1 u N f ~r Ir r 1 AT 1 € i 1 r~4 ~ ~ we f rrl I 1rr L we a/ o~url fwruer€.rr wr~urrlwr'1 I s' 5 MfkltAN AYf MYf w0 • ~ ~ ~ ~ Mrs } ~fo a ! Mw 1 ro r . s i ~i r x } I I s ~OAIY r DAM : J ► . C~ 4 r ~ r 1 t MINUTES Planning and Zoning Commission DRAFT April 10, 1991 r The regular meeting of the Planning and Zoning Commission of the City of Denton was held on Wednesday, April 10, 1991, at 5:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney. Present: Roy Appleton III, Euline Brock, Ivan Glasscock, Judd Holt, William Kamman, and Fran Morgan Absent; Jim Engelbrecht Present from Staff: Frank Robbins, Executive Director for Planning and Developments Owen Yost, Urban Plannerl Joe Morris, Assistant City Attorneys David Salmon, Engineering] and Olivia Carson, Secretary Chairperson Brock called the meeting to order. I. Consider approval of minutes of the special called meetings d; of March 6, 1991 and March 20, 1991. +r. Mr. Salmon stated that page 7, paragraph 4 of the Match 20 meeting should read that he said, "yes only if the traffic warrants one.'rY' It was moved by Mr. Holt, seconded by Ms. Morgan, and, unanimously carried (5-0) to approve the minutes of March 6, 1991, and of March 20, 1991F as corrected, sa I, Hold a public hearing and consider a recommendation concerning the final replat of the Denton Bible Church, s' Addition from Lot 1 plus additional unplatted land to Lot , iR, Block A. i. Mr, Yost slated that the tract is 9.624 acres locatedon the south side of University Drive immediately west of the proposed Nottingham Drive, Public improvements will consist , of 3 fire hydrants and approximately 2105,83 linear feet of 4' wide concrete sidewalk along Nottingham Drive and University Drive, An agreement has been made whereby the applicant will fund the sidewalk along Nottingham, which is scheduled to be built in the 1992-93 C,I,Pa Therefore, the E 4 church will put $9440 in abeyance to pay for the sidewalk " and the City will build it. The property is zoned SP-7 and development is anticipated of an addition to the place of ;k worship and buildings for ancillary functions, with related parking areas, Because this is a residential replat, Council must take final action on it, ' rMe, Appleton asked how many trees will be destroyed, Me, Yost said probably a dozen to a dozen and a half. The trees are very thick on the property and the street alignment takes them into consideration, r rj ,f a. airs r Minutes April 10, 1991 A DRAFT Page 2 Ms. Brock asked if some of the trees were too small to be protected. Mr. Yost said yes. Ms. Morgan asked if there will be sidewalks on both University and Nottingham. " Mr. Yost said yes. The one on University will be built with the church expansion and the one on Nottingham at a later date. The Development Review Committee recommends approval of the replat. Bud Hauptmann of Metroplex Engineering stated that he was available to answer questions. Motion was made by Mr. Holt, seconded by Me. Morgan, and unanimously carried (5-0) to recommend approval of the final replat of the Denton Bible Church Addition from Lot 1 plus , additional unplatted land to Lot 1R, Block A. k 111. Hold a public hearing and consider a recommendation concerning the preliminary and final replats of the Kings Forest Addition from Lots 2 through 7 into Lot 2xf Block A. Mr. Yost sated that the tract is 2.431 acres located on,, Wilson Street, east of Bushey Avenue. 'there is currently a house on the front half of Lot 1, but the subject tract is vacant. The property is zoned SF-7, Because this is a residential replat, Council must take final action. There are at least a dozen protected trees on the site and the r applicant is making every effort to save them, Where A straight sidewalk would conflict with a 30" Elm, the sidewalk will be moved to the back of the existing curb, p ys; { M; Mr. Appleton asked if there has been comment from the neighbors. ;w r Mr. Yost said that there has been none in writing. He explained that normallyy the sidewalk would tun on a straight line but instead it wi11 be curved around the elm tree. The tree is b' from the curb. The sidewalk will be at the back of the curb, it will cover the drip line but the way the i roots are angled there should be enough left to save the tree. Ms. Morgan asked if there is flood plain on the back of the i a ~ property. Mr. lost said yea, The slopes are difficult there and it r' would be hard to build in that area so the applicant will , probably choose not to. .~yr ' r~ i I DATE: 04/16/91 i j i CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrello City Manager SUBJECT: A PLAN FOR GREENBELTS 1 " RECOMM~ IOM: The Planning and Zoning Commission and the Beautification Commission recommend approval. The Parks and Recreation Board and the Chamber of y' Commerce Governmental Affairs committee have endorsed the Plan for eenbelts. ~ SUMMARY: The attached resolution recommends amendment of the Denton Development Plan by adding the delineation of the 100 year flood plain is a greenbelt #y on the concept map and by adding a greanbelt specific area policy . section. The resolution also recommend& creation of a flood plain i strategic issue work plan. Also attached is a resource book which includes a theoretical baste for ;i. greenbelt policyta summary of currant city policy and regulations relevant to flood plains and greenbelti# and a bibliography. Denton has a significant existing policy framework and important . M regulations in place to protect and appropriately manage our single most important environmental resource, the flood plain lei the pesourae look), The purposes of the attached documents are tot 1. Reinforce out goal to protect our environment. 26 Create a visual depiction of out policies (a) to sffectiVely manage # the flood plain and (b) create and develop it as a greenbelt (the concept xap)e rt 26 Create greenbelt development and flood plain management as A strategic Issue ~nd,appiy strategic planntng techniques to reaching greenbelt and flood plain related goals (The 8tiategid t•sue Work Plan) $ 4* Summarise the existing 9041# pollcy# technical, reguiatoty# Arid incentive structures within which later decisions may N made (The Resource Book). t . r r r,.1 e i 4 r I Mayor and city council Members April 16, 1991 Page 2 Protecting the natural character of our flood plains and developing them 1 as greenbelts wills 16 Protect our environment. 2e Enhance our quality of lifee ` 3. Protect the quality of our water, r „ /e Preserve the availability of underground water supply. S. Mitigate against flood damage in the most cost effective way. 60 Provide cost effective and diversified recreational and open apace j opportunities. T. Enhance the appearance of the community and the region. r Be Enhance the attractiveness of Denton as a place to live and work, As we had stated before, the staff recommendation does not include a i recommendation for more strict regulatory prohibitions. However, as federally mandated storm water pollution abatement rules art proaulgatedh" saf;" Denton and its developers will be required to comply with new regulatiopss, Proposed actions by city government are listed in the strategic lasses 1 Committee's work plan. ? BACIGROUNDt j Since March 1990, we have been discussing the reinforcement of out environmental, financially responsive services recrsstlonel, and I 'r beautification goals by adopting the attached resolution (Attachment 9), We last spoke about this during your Summer 1990 rettsst6 since tbanj many of the concepts associated with greenbelts and stars, water runoff pollution abatement have been discussed by the public Utility' So 'rd and City Council in the context of exploring the creation of a drainage ° utility, Council has resolved to tarp a blue tibbon committee to explore this. Congress authorised, but ON& out the funding tot 40046peiiht of t' the Sir fork greenbelt between Lake may Roberts and Lake Lawiav111s, rt , Saving greenbelts has been discussed as a success element in out strategic piaaning, t~,F , t JI 1 ~ k~j 4, all i , frla - f, Mayor and City Council Members April 16, 1991 page 3 E. PROGRAMS, DEPARTMENTS OR GROUPS APPECTEDt 1 I Parks and Recreation Department, Engineering, Utilities, Planning and Development, Capital Improvement plan, recreational enthusiasts, developers. FISCAL IMPACTt zc. To be determined as part of the strategic issue work plan. ar Respa trill ubm ted Prepared byt Loyd . , a to City Manager j Approvedi b{~,~` ° trahk E b s, AICP j Executive Director ' >y r t" Manning and Development i" 2617x 9 % A Attachmentsi L Plan for Greenbelt Components 2. The Resolution a, Amended Concept Map showing the 100 year flood plain a• a gceanbelt.;F b, Greenbelt Specific Area Section 08 strategic Issue Mork plan a is Greenbelts for Oenton, A Resource Book, n 1 a, A Theoretical Prastework b, Curcent Policy Fraxavock of Current LOOal Regulatt,ty Pranevork •r K d, flood tnsufance Rate Nap u. s, A Selected Bibliography l E'{ t 4A' tr JY. t • a y Kai J 041 f J e 1r ~°r .fir/ y. { Y 1 I ATTACHMENT 1 A PLAN FOR GREENBELTS COMPONENTS A plan to protect, preserve, and appropriately use the 100 year flood plain. A. Communication of goals and establish policy framework in the Denton Development Plan. t o Show greenbelts on the Concept map. o Add greenbelt specific area policy. o Consolidate existing policy statements, Be Adopt environmentally, fiscally, politically, and legally sensitive regulation 4 ,i o Flood damage prevention. (Adopted). o Drainage regulations for new development. (Adopted), o coning ordinance. o Regulatory incentives, a o Storm water discharge permits. C, Adopt Park and Recreation acquisition and development policy and plan, o Park dedication policy, (Adopted), J' o Denton Development Plan Greenbelt Policy, (Adopted)', fi M ' 0 Capital improvement program, ,r D, Develop a strategic implementation program which (1) maximises scarce resources, (Z) is based on dotailMd } Study, (3) is consistent with adopted goals and pbliciea, ~f and i4) considers the development of a drainage utilityo V) e, Ado It comprehensive master drainage and storm water r' polp lution mitigation plans, ,4. 1 iI , ta' 4.. .Si C 1 I 231Sk Ylf r t l r~)f 4.f NS 14.L JW /M S grbtr RESOLUTION N0. A RESOLUTION AMENDING THE DENTON DEVELOPMENT PLAN BY ADDING A GREENBELT AREA ON THE DENTON DEVELOPMENT PLAN CONCEPT MAP; ADOPTING SPECIFIC AREA POLICIES FOR GREENBELTS! APPROVING A STRATEGIC ISSUE WORK PLAN FOR GREENBELTS1 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan states the framework for , adopting specific area policies) and WHEREAS, the 100-year flood plain is an area which has a need for special protection, preservation, and conservation; the 100- year flood plan contains valuable archaeological and natural resources; the 100-year flood plain is an area appropriate for special treatmenti the 100-year flood plain presents special development problems due to its flood hazard potential; the 100 year flood plain provides many varied and useful park, recreation, and open space opportunities; and preservation of the 100-year flood plain and its ecosystems in a natural state can significantly mitigate urban runoff water pollution; and firs WHEREAS, it is the adopted policy of the City of Denton to make maximum utilization of flood plain areas for parka and open spaces a and nd that these areas should form a continuous belt of open • aces l!, t ail, organized and games' picnics, ball fields, walking i trailer biand for jogging pathst and WHEREAS, a Greenbelt/Linear Park policy has been adopted in the Denton Development Plano and WHEREAS, the City of Denton has adopted flood damage prevention ordinances which regulate development in the flood plain in accordance with Federal law and regulationst and WHEREAS, the City of Denton has adopted land development requ lations to minimize loss of life and property from flooding and to III retain natural flood plains in a condition that minimizes interfer- ence with flood water coverage, flood water storage, aquatic and terrestrial acosystems, and ground and surface watsr; and, WHEREAS, adoption of a greenbelt policy and plans for Denton ! will serve to demonstrate and reinforce this communityts goal of protecting our most important environmental resources and WHEREAS, the City Council has begun to explore the development of a drainage utility system in anticipation, of the impact of now storm water pollution abatement standards proposed under the Clean Water Actt I , 1 4 I THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES3 SECTION I, That the Denton Development Plan Concept Map be amended to show the loo-year flood plain as a proposed greenbelt, in accordance with the attached Concept Map, SECTION IT., That greenbelt specific area policies attached hereto be added to the Denton Development Plan, SECTION Iii. That the attached Strategic Issue Work Plan be t ! implemented. SECTION Iv, That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 199E I BOB CASTLEBERRY# KA 1:R g k! ATTESTI y - JENNIFER WAlfl'ERBj CITY SECRETARY y BYt APPROVED AS TO LROAL TORMi DEBRA A. DRAYOVITCM CITY ATTORMSY 'A' A r' i t~ • % t PAGE 2 c' l 1 1 t t i . u, .:r+.,.a. a•. ..:♦elw~,»Vw+3N'w.:s:.f.'k~~T;~A4.'I,LMMaw...,... w...n rw.vM1KRS } /I ' Y ~ III i Deaton Development Plan Table of Contents IV. Chapter 4. specific Area Policies L. Greenbelt Area 94.1-94.3 •f 'NYC % . r ° fAll { 5~ I' ~ql err Il~~ti69~4: y,. r "tl Li. r y 3a-. S •s q r y~~ tjz aS + 3- ! I" yr Wsk t ~~A ~ y`( . ~ ~ q a. wwir<NrpCM147V~(b4aEW^itv^~t++«+_.,_.... t<i.r'.N J eW.+_'y4. .b r • y~ ~ ` Y 10 y A 1 f1'p, ~ sri ~ J Yr ,t tY' ' A fr L. '.1a`~ !MAR M1~ # ;1J 1 f t I DENTON DEVELOPMENT PLAN LISTS OF MAPS 5 Ile IMNE GREATER DtsfONYPLANNINGNAREAEAS WITHIN f 16 II. CONCEPT PLAN 88 N41GHBORH0OD PRESbRVATLON MAP 43 4. d ~e t ti IV. LONG RANGE THOROUGHFARE PLAN 59 Y, LOCAL MASS TRANSIT SYSTEM N 60 V1. REGIONAL MASS TRANSIT SYSTEM 86 ! , MUNICIPAL AIRPORT AREA. Land Use Concept Map t r 94.4 ~ VIII. EXAMPLE FLOOD INSURANCE RATE MAPS ks h , ,t k,tia , " tj 7fb~ I' i d: 1. k~j N 3r>, r 237Sk L ' .5.4 L~l ! war rww'„ a..wr, 'y J T { v a i CHAPTER IV: SPECIFIC AREA POLICIES 5 L. GREENBELT AREA. The 100 year Flood Plain. The 100 year flood plain is the area which will be inundated by a storm water event that has a It chance of occurring in a year. in jurisdictions that participate in the federally subsidized flood insurance program, of which Denton County and the City of Denton are numbered, strict regulatory controls of development within the 100 federal flood plain are mandated by r loss from floods. Federal agencies provide participating jurisdictions maps of and data about the 100 year plain. An excerpt of such a map is Figure VIII, t c The scientific study explaining theenvironmental ork for sensitivity of and appropriate regulatory flood plains is well established and long standing. A few examples of this are included in the Greenbelt Resource Book available in the planning and Development Uepartment, The flood plain also holds the community's most important recreational opportunities. Most of the park and recreational areas of the community could be located within aT or contiguous to the flood plain. r• ; y. More and more the real estate market is taking into account the valuable amenities and resources within the flood plain. Maintenance and enhancement of natural processes in the x flood plains is a least cost solution to mitigating store ray.; water runoff pollution and protecting the community from flood losses GREENBELT GOALS 0DJECTIV6S AND POLICIES GOAL/OBJECTIVE IV. L, Much of the 100 year flood plain ought to be used as greenbelts because: 1) Flood plains are the most hazardous place to develop; ~a,V y;yt, 2) Many natural features within flood plains, such as , r;= and hardwood forests, help purify storm ands wtt water runoff, and mitigate against sedimentation and E soil erosion; r 3) Natural flood plains are important wildlife habitats{ 4) Flood plains are our greatest recreational and open space resource; i 5) Most of our present and future water supplies flood lured within j be transported wituin and cap ~ plain and the water bodies inside the flood plain; , +,r; a f 94.1 P 2 3 7 S k „t . h,i r,. is ■ t f l 6) Flood plains in a nature' state provide the most cost effective method of discharging flood waters and mitigating against flood damage. Accomplishing this goal will req_'~-e the use and balancing of regulatory prohibitions, public incentives, public acquisition and use of some of this resource, private ownership of most of this resource, and continued recognition by real estate market forces of the amenity value and the dangers inherent in the flood pla:n resource. E ` POLICIES IV. L. 1. See Chapter II, Section F. Parks and Recreation, C. Greenbelt/Linear Parks IV. L. 2, The city's regional, community, and large neighborhood park system should tie into a greenbelt park and recreation system in and along flood plains. Emphasis should be placed on ark land acquisition within and/or contiguous to the flood plain. j IV. L. 3, While other uses will be permitted, a i particularly appropriate use of the flood plain is as a greenbelt. Greenbelt uses ' include passive and active recreation; conservation, non-development of the most j environmentally sensitive and flood hazardous r areas; pedestrian, equestrian and bike wayg; agricultural uses; wildlife habitat; drainage ways; and as buffers between different land uses. The most appropriate use should be r determined based on detailed analysis of the environmental value of a particular flood' plain and the impact of a particular use, IV. L. 4. Building construction and filling of I' unchannelized floodways must be strictly regulated and may be prohibited by regulations. IV. L. S. Building construction and filling of the area between the floodway and the limits of flood plain (the flood plain fringe) will be allowed where environmental degradation is slight, the existing character of the particular flood plain is maintained, or a natural character is enhanced. IV. L. 6. Use of the flood plain fringe as a greenbelt is a community goal for which financial and regulatory incentives are available, and for which other incentives should be developed. ' k 94.2 2375k i tr , s 1 , f IV. L. 7 Major channelization of floodways should be prohibited except where no other reasonable j means of floodwater conveyance is available or where it is needed to provide mitigation for existing flooding and water quality improvement. IV. L. 8 Retain in their natural state those wetlands having value for water retention, storm water pollution mitigation, wildlife habitat and open t space/recreational opportunities. IV. L. 9 Improvements or modifications to the floodway must be coordinated with master plans for storm water management, utilities and parks. Any'. variations from those master plans must be supported by appropriate analyses and submitted to the City for review and comment. a. IV. L. 10. As a means to reduce flooding by increasing f times of concentration of flood waters, to mitigate water pollution and to control erosion, the most desirable drainage design approach is to allow low velocity sheet flow of urban runoff across vegetated greenbelts prior to the runoff reaching the stream channel. IV. L. 11. The greenbelt concepts and policies stated ~i above should be part of considerations about developing "best management practices" required. to meet storm water ollution abatement only designed to implemen the Clean Mater Act. ; Definitions: Flood plain. The area designated on the Flood i insurance Rate Map as subject to flooding from the pw base flood (100-year flood). The flood plain includes the floodway. FIo~~odwa__~~. A river, channel, or other watercourse an e adjacent land areas that must be reserved IVO 1 in order to discharge the base flood witnout cuBulatively increasing the water surface elevation more than a designated height. See Figure 8 - Example of Federal Emergency Management Agency Maps. E i 94.3 237Sk S 1 r tfi.T.rr~ FIGURE ViLI~N~ rj" LEGEND IN S L OF FLOyyOp~~ / 5►YCIAI. ►L1R~010A=A40ARIAS INUN0Arta OT IRTTOOO AR1A6 6r r14rf1►L 8004A Nlsage yw domo4ft Max IQ/~w R70ow11r rte; w+s N dupeftat 10106 A/ oYIMMof/nallool egaignages M MI rill) LM~1 ~ryN1 of 41 a rlpt ~rIMl41 IONI AM raw 1«n, r I to J Aft gaNf I I/Ww M". IM h" I06. eIH *got %w uyAll,ra &I se / Ir 'M/ Innl ION! A6 or," of 1 4 1 Newer 160 Q OTBIR AR9AI n=mm i«fr.~ MI,'nudn'to IONI x Aegis jgj /jlwN to 1~ rit"s SM Wn I/grnr W r« n.,e, 10460 14 r1 ION! AM r~ N 0,0401104 No, ~ v^OibrnrintiyA rteN 1+tYH In _ "I" Row chr//'o 'w n ~ - ea1M,gW: Y IN kwwwa■am flea 6"'4lav "n M wet. 1,,1 nose w.DYrr !rM Wdr11 IwMrn . ww, bur. ~ ION! VI w A k lWenti o11H I.M 4 ILOOOIYAY AR W.wIn1 byol.~, 1 \ !Af 14 1041 AS RM 22.,1,, J LIMITO►0RTAJL6 ' 0♦T1JOY ~ ^:•ar..1 10N11~,: 1010171 1041 AI ~ 2~• ~r^qr, Ji: a+np K P e.? { I AM 2!",I w~.e+nr itJ; ►@I iJ 7 +l -Iloilo x to x, ! ♦ RAS 90 f d oil NA 114NAC FLO$$ aINMANCt pill AN M2 FIRM Ft000 'NSURANCE RATE MAP CM OF rT,rr DENTON/ TEXAS DENTON COUNTY I Date: Match 28, 1991 page l of 3 CITY COUNCIL STRATEGIC ISSUE GREENBELT/FLOOD PLAIN MANAGEMENT ' IMPLEMENTATION TEAM: Frank Robbins Howard Martin Bob Ticknei Jerry Clark Bill Angelo Karen Fesharl Steve Brinkman Owen Yost Goal Statement: Protect the environment, water quality and water quantity: limit flood damage: limit public drainage costa: maximize recreation opportunities, and beautify Denton by protecting the 100-year flood plain as the Denton Greenbelt. I I I ` I OBJECTIVE/TASK I ASSIGNED TO INEEDED BYI ACODMP- I RESULTS I IMPACT ON BUDGE? AND/ I I I I LISHED I I OR CURRENT ACTIVITIES I ( I I I 1 I r. 11. Explore implementing I Blue Ribbon 1 1992 1 1 1 Major policy feeue I + I a drainage utility I committee I I I I About ner funding 1 district to fund drainage I I I I I mechansim. and environmental Improve-I I 1 t I ! IE I vents. i I I I ( I I 1 I I I 1 2. Complete an environmental I Karen Feshari 1 1992 1 1 ( Node I I ! I assessment and a detailed I Steve Bclnkmanl ( I I greenbelt plan for one of I Howard Martin I I I 1 € ' Denton's five major water-I Jerry Clack I I I i I, sheds. seek assistance 1 Owen Yost I I I from U.S, Fish astd Wild- I 1 I I 1 I 1 life Service, the Corps oft I I I 1 li I Engineers under section I I I I 1 1 I 306 of the water Resources( I I I 1 I I I I 1 1 Development Act (WRDA) s I of 1990. I 1 1 I I 1 1 I 1 1 3. Request a Congressional I Frank Robbins I May 19911 1 I I I resolution directing the I Bob Nelson 1 I I 1 I I Corps of Engineers to I I I 1 I ,I ' I conduct a reconnaissance I I I I I I ! Study of all of Denton's I I I I I I; 1 flood plains in accordance) I 1 I I 1 with section 306 of the I I I I 1 1 1, ~1 WRDA. I I ! 1 I 1 1,x i 1 4. Add greenbelt improvement I Steve BrinkmanlPeb. 19921 1 I LOO'k •ojr~ t0 flood I I items to the proposed CIP. 1 Jerry Clark I I I } plaint °fOi~4iut'Ce` I l 1 I I 1 teciNtlone! ~iiaa. I I ~ ~ rl 2375k/27 n, J: 41 Z .r 1 j 1 Y" i Page ! 3 of W"V. fluff Nl lV/ 11 J1 CITY COUNCIL STRATEGIC ISSUE GREENBELT 0. IMPLEMENTATION TEAM: Prank Robbing Howard Martin Bob Ticknor Jerry Clark Bill Angelo Karon reshari Steve Brinkman Owen Yost Goal Statements Protect the environment, water quality and water quantity limit flood da"ga) limit public drainage costs$ maximise recreation oppottunitieat and beautify Denton by protecting the 100-year. flood plain a!r I the Denton Greenbelt. € I I I I I I OBJECTIVE/TASK I ASSIGNED TO [NEEDED BYI ACCOMP- I RESULTS I IMPACT ON BUDakt OD/ 1 I 1 I LISBED I € OR CURRLNT AC$IVI4IliB I 1 ! I I ( p 1 S. Include bikeways and I Owen Yost lost. 19911 I I None I I I ,s` I Pedestrian ways in the I Jerry Clark IM greenbelt in the Bikeway I I € ! I h I Pedestrian Access Plan. I I I I 1 ' 1 I I € I 1 s I b. Include a flood plain I Karen reshati IWlnter 911 I I Norse coning district into the 1 I I € new zoning ordinance. I I I I I ; I I I 1 ! I ` 17. Examine regulatory/ tech- Irrank Robbins lxinter 911 1 I I niques, intensity policy I I 1 1 I i ?r and incentive mechanisms, I I I I to include transfer of I I I I I ' I development rights I I I I I to encourage the use of I I € I I the 100-Year flood plain I I I I I I I for flood damage preven- tion, recreational. and I I I I € I open space purposes, and I I I 1 ! water quality protection I I I 1 € I purposes. I I I I € I. 1 S, Develop a policy about ISteve Brinkman [Feb. 19921 I the city acceptance of I I I I 1 greenbelt parks and city I I I I I ; I acceptance of maintenance I roeponalbility. I I I I € € r a l 7 -7 t r N P` r' MTV f JF5/1 1 1 1 CITY COUNCIL STRATEGIC ISSUE GREENBELT " IMPLEMENTATION TEAM: Frank Robbins Howard Martin Bob Tickntr. Jerry Clark Bill Angelo Karen Peshari s Steve Brinkman Owen Yost Goal Statement: Protect the environment, water quality and water quantityr limit flood dasager ltait"publlc drainage q costal maximize recreation opportunitiesr and beautify Denton by protecting the 100-year flood plain el the Denton Greenbelt. I OBJECTIVE/TASK I ASSIGNED TO INEEDED BYI ACCOMP- I RESULTS I IMPACT ON BUDGRT"AND/ I I I LISHBD I I OR 4VWNT ACTiVitiss ` ~ I E I I I I ' 1 19. Analyze the fiscal impact (Bill Angelo Ipeb. 19931 1 I ! of greenbelt operation I I I I I and maintenance with I I ! respect to open space, t I I I I r: parks and drainage uses. I I I ! I I I 1 I 110. Develop a Civic Center (Jerry Clark 1 1991 1 ! Park water attraction I I I I 1 plan 2175k/29 r• 1 r .r Fn I I T5 5 Ail ri,. ATTACHMENT 3 GREENBELTS FOR DENTON { A RESOURCE BOOK E; l " F'r~a Page A Theoretical Framework 1 i ! - Current Policy Framework 2 Current Local Regulatory Framework 13 Flood Insurance Rate flap (excerpt) i5 A Bibliography 16 Y 3 A IA °ti I~Ib t f Y.[ Z373k % ion ni,r a . y 4 I I I i GREENBELTS FOR DENTON ' A Theoretical Framework The flood plain is at once our most sensitive environmental area and our richest environmental resource. We need nature as much in the city as in the countryside. In order to endure we must maintain i the bounty of that great cornucopia which is our r ` inheritance. It is clear that we must look deep to the values which we hold. These must be transformed if we are to reap the bounty and f create that fine visage for the home of the brave 1 and the land of th, free. We need, not only a better view of man and nature, but a working I' method by which the least of us can ensure that the product of his works is not more despoliation. It is not a choice of either the city or the s countrysides both are essential, but today it is nature beleaguered in the country, too scarce in the city which has become precious. There is a need for simple regulations, which ensure that society protects the values of natural.processes and is itself protected. Conceivably such lands wherein exist these intrinsic values and constraints would provide the source of open space for metropolitan areas. If so, they would satisfy a double purposes ensuring the operation 4 of vital natural processes and employing lands unsuited to development in ways that would leave them unharmed by these often violent processes. Presumably, too, development would occur in area that were intrinsically suitable where dangers were absent and natural processes unharmed. The formulation of these regulations requires no new sciences we need move no nearec to the threshold of knowledge than the late 19th century. We can initially describe the major f natural processes and their interactions and 1 thereafter establish the degree to which these are permissive or prohibitive to certain land uses, This done, it will remain with the government and the courts to ensure our protection through the proper exercise of police power. Ian McHarg Design With Nature, 1971 Page 1 Man and beast have always been attracted to our water sources. Our oldest archeological sites are along old river banks. It is quite literally a life giving place. In the past, man has, in being drawn to this place, unwisely used it to his peril. The result among other things has been the loss of open space experience options for city dwellers, loss of life and property from flooding, water pollution, loss of wildlife habitat and species, and soil erosion. In other words, we have tended to degrade the resources within the flood plain which are inherently attractive and vitally useful to us. } in the last 50 to 60 years and particularly in the last 30 years, there has been a growing recognition of the importance of the flood plain's resources.. Communities have acted more wisely based on tho knowledge of the natural forces at work. t Some of the most obvious results of this recognitio% have been the increased use of 404 permitting under the Rivers and Harbors Act, the Clean Water Act, the federal flood insurance program, and increasing interest in linear park-greenbelt planning at the federal, state and local level. 'E This trend is evident in Denton and in the Metroplex region. Some of the most relevant regional work by federal, regional and local entities is referenced in the bibliography. Regulatory prohibition of development is an important tool in preserving and enhancing our natural resources. It is not the k only tool we have or should use to maximize the benefits intrinsically held within the flood plain. An effective strategy for preserving and enhancing our flood plain resources would include 1) regulatory incentives for preservation, t 2) education or conveying our goals and information about the j flood plain, greenbelts, flood plain, parks, flooding dangers,. and pollution from urban storm water runoff, 3) a public/private partnership designed to acquire and make appropriate use of greenbelts within the flood plain, and 4) a fiscally sensitive program for public development of parks and ~ greenbelts within the flood plain. ? Much of this strategy has been adopted in city policy and regulation. Current Poiic Framework 1. Flood Damage Prevention Ordinance and Subdivision and Land Development Regulations. Olt is the purpose {of the City of Denton) to promote the public healthy safety and general welfare and to ` minimize public and private losses due to flood I conditions in specific areas by provisions designed to: Protect human life, property, and health: Dine 7 a N Minimize expenditure of public money for costly flood control projecta; Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general publics minimize prolonged business interruptions; Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains j Help maintain a stable tax base by providing for the ' I sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and, j Insure the potential buyers are notified that property 1 is in a flood area. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at f the expense of the general public: To retain natural flood plains in a condition that minimizes interference with flood water conveyance, flood water storage, aquatic and terrestrial ecosystems, and ground and surface water; To minimize erosion and sedimentation problems and enhance water quality; and To minimize future operational and maintenance exp*nses.' 2, Tree Preservation Ordinance. ' 'Providing for the preservation of larger native treat which provide a valuable amenity to the urban ;$!.x environment, and that once destroyed, can only be replaced after generations. Providing for shade, windbreaks, and the cooliee' of air, thereby reducing the requirements for air condi-ASninq and heating and the utilization of scarce energy sources. Providing for the screening and buffering of residential areas from the noise, glare, and visual effects of nonresidential uses and generally providing breaks from the monotony of urbanized development on the land. E ~ i Y 1 IPage 3 r _ ya• F 3 I ~ Providing for open space, reducing the effects of soil erosion, the conservation of water, and providing for more efficient drainage of land, thereby reducing the E need for additional drainage facilities.' 3. The Denton Development Plan. o 'One of the major goals of the long range plea is to accommodate planned growth to the year 2010. It is recognized that the spatial form and pattern of future growth will determine to a large extent, the quality of life for the citizens of Denton. The specific goals and objectives serve to provide the basis of the plan to shape the future of the City.' > o 'Improve the design, image and character of the city by preserving existing vegetation and natural topography and encouraging adequate landscaping in new developments,' i o Moderate Center Bonus. 'The diversity policy of the Plan allows for intensity bonuses for mixed land use developments that include ' public or nonprofit community type service facilities or , uses, such as churches, schools, libraries, fire stations, police stations, parks, open spaces, or 0 governmental offices. To meet the requirements for a bonus, land for the community facility or use. must be within the 60 acre designated area of a moderat t activity center and cannot abut the outer boundary of (R the center. A developer may qualify for r bonus by putting a community type facility or designating a land-Use for a community facility at or close tc the major intersection Ev of the moderate node. The formula for calculating intensity bonuses shall be as follows: III Number of acresl x 3502 plus j Number of acresl x 603 1 ■ Number of acres designed for governmental offices or community services and facilities 2 ■ Intensity factor for moderate center 3 ■ Intensity factor for low intensity area f I Page 4 " .p F l The intensity bonus can be used to extend the boundaries of the moderate center. For example, a 5 acre park shall earn a bonus of 2,050 intensity trips (5 x 350 + 5 x 60). If this is used to develop multi-family housing at 25 units per acre it will expand the center by (2,050/2004) 10.25 acres. 4 ■ Units/acre multiplied by number of trips generated by land use, e.g., multi-family generates 8 trips per unit. The developer providing the community facility is the individual who receives the bonus and the bonus may be ` an increase in land or in the intensity allowed for the developer's land.' ' o Intensity Amendments. 'As stated in the Introduction to this chapter, 'A change in an intensity standard is considered a major decision of the City.' Incremental planning activities and/or decisions such as zoning and planning for utilities, drainage, transportation, and parks which can directly or j indirectly change intensity should be reviewed to determine 1 the impact on the intensity of the City. The review process consists of a study session by the Planning and Zoning Commission, a recommendation by the Commission to the City Council, and Council determination r 1 of the need for a change in the intensity. A ' Ti The Commission will review requests by petitioners, land owners and staff at study sessions set. quarterly. Notice will be provided to the public, if a petitioner or land owner, does not wish to wait until a scheduled study session, the petitioner or land owner must prepare a study containing the information below plus any { information established as part of the procedures of the Planning and Zoning Commission, 1. Intensity analysis of all adjacent intensity areas. 2. Impact of proposal on boundaries of adjacent areas. ~ 3. Effect of this proposal on the overall intensity balance of the City. Intensity areas should be r identified where intensity may be reduced (flood plain, parks, highways, etc.) to offset the increase. A study may be necessary to justify the reduction using the same criteria for the original i r • F, Page 5 r j 1 proposal. Land use area, where intensity may be used to offset other land use areas are restricted to land uses in the specific planning area under review and cannot be land uses already accounted for in the intensity formula as outlined in the Technical Appendix to the Denton Development Plan (a separate document). An increase that would change the overall intensity of the City should not be approved. The study should be submitted to the staff for review. After the staff has reviewed the study, it ti will be submitted to the Commission. The Planning and Zoning Commission will then determine if a special study session is in order, ~j The focus of the Planning and Zoning Commission study will be on the intensity question and the impact of ' changing an area's intensity standard. Other planning decisions will be considered separately from the t y^: intensity question.' o Disproportionate Share Allocation Criteria *If a specific request violates the general policy of proportionate allocation, a determination should then be made whether there are planning considerations that would warrant approval of a disproportionate allocation of intensity. The Planning and Zoning Commission and City Council should consider the following items, but are not limited to these items= a. The location of the proposed development in j reference to existing or proposed public facilities, such as streets, water or sower lines, and drainage facilitiee. In this regard, the City's Master Plan for public facilities should be considered. It may be found to be more desirable, for example, to allocate more trip generation intensity to a proposed development that is adjacent to, or would have convenient access to, existing or proposed major thoroughfares, major water and sewer lines and drainage facilities* b. The topography of the land in the planning area and the proposed development. There may be reason to allocate less trip generation intensity for a specific property that would ` otherwise require major modification of natural drainage areas, the removal of large masses of trees, the leveling of hills, aed other major , topographical modifications to develop. t, i a. !d dF i c, The land use in the planning area and surrounding areas. The proposal should be reviewed to determine the compatibility with existing and potential land uses in the area and surrounding area. d, The allocation of trip generation intensity in reference to other policies of the Plan, such as, the protection of older neighborhoods and single family housings diversity of housing; and the concentration of apartments and I office/retail sites. If the City Council or.the Planning and Zoning Commission wants to raise the intensity standard for a low or moderate area, the Planning and Zoning rk, Commission and City Council should conduct a special study session, focusing on the intensity question and the impact of changing the intensity standard. The specific study process shall be determined by the Commission or Council, but the study must examine the Y intensity allocation for the city as a whole and how that level will be maintained. However, if the standard is increased, this action does not mean automatic approval of an individual proposal'.#. ; o 'CK" TLR IVs SPECIFIC AAM POLICIES A. Designation of a specific Area specific area policies are intended to provide a framework to promote development in a designated area which requires special treatment in view of its i current problems or its unique location and character. specific areas maybe designated by the City Council on the recommendation of the Planning and Zoning Commission at any time over the plan period. In designating a specific area consideration shall be given to any of the following. I, An area which has a demonstrated need for special protection, preservation or conservation! Includes but not limited to residential neighborhoods, historic landmarks, sites of valuable architectural heritage, sites related to the conservation of natural resources. 2. An area with a prominent location in the City which needs special treatment for urban design and beautification such as entrance ways and the downtown area. Pace 7 r 777.4L _ _2rl f. t ~4• r i i I j 3. An area which has a special problem relating but not limited to traffic, noise, pollution, Utilities. 1. An area which require special policies in order to accelerate its development in accordance with this plan. Specific area designation shall not be applied in the following circumstances, ' G a. To cover an individual property or group of " properties so as to confer special benefits to the owners without substantial benefits to the City as a whole. :F ,r b. To violate the intensity area policies. c. To conflict with any of the long or short tern Y5: objectives and policies of the Denton a Development Plan or other master plans of the City . ~ des, .d t1 o "8, Greenbelt/Linear Parks The policy of the plan is that. maximum utilisation of flood plain areas for parks and open spaces ehould.be encouraged. The general concept is that there should be a continuous belt of open spaces and park land with F adequate landscaping so a:ball to provide facilities for organized games, picnics, fields, bike ways, hiking, jogging, and pedetrian trails. Their genetal putpose and uses should include but not be limited to F<°' the followings 1) Provide natural corridors to connect major sections of the city with continuous belts of park land. t 2) Preserve natural vegetation and the topography, 3) provide a wide range of recreation and leisure facilities, including o en space for games and picnics, and biking, diking and jogging trails as part of the Parks and Recreation master plan, l 1) The following locations are recommendedt a) Areas along Pecan Creek east of Woodrow Lane to We Lewisville. 44 Pa A t f; y I I I i b) Areas along Hickory Creek from the Municipal Airport to Lake Lewisville, c) Areas in the north and northeast along Milam Creek and Clear Creek including adjacent areas to the Slm Fork Trinity River. d) Linear parks outside the flood plains y interconnecting activity areas with park and r open spaces along Carroll Boulevard, ` e) Areas along Pletcher Creek from Long Ridge L" to Hickory Creek.' 7.; o School/Park Sites sr s 'Neighborhood parks and greenbelt parks are to be integrated whenever possible with a school site, enabling the sharing of public facilities such as playground Y, equipment, play areas, parking area, and open spaces.' o Acquisition of Land for Parks and Public Open Spaces 'Developers may be required to participate in the provision of parkland to meet needs in accordance with the City of Denton Parks and Recreation Master Plana In some cases' this participation may require the payment of fees in lieu of land, The Parks and Recreation Master plan should clearly identify potential sites for park land, assistingQ a developer in determining the location and `site ol the site.' o Greenbelt Park The flood plain areas along Hickory Creek are to be developed into a linear greenbelt park. The location and layout of the park will be determined by the Master Plan for Parks and Recreation.' 4•. • L ~R i I 1 T ` 14'• 2373k E , 1 4 ~I ll' i CITY OF DENTON PARK DONATION POLICY Background To provide for the need for packs created by new residential development, the City of Denton has considered the adoption of t an ordinance requiring the dedication of land, or fees in lieu of land, to provide for the acquisition and improvement of park sitos. In response to the proposed ordinance, the development community has requested that the City adopt on a trial basis, a park dedication policy in lieu of a mandatory park dedication + ordinance, in a cooperative attempt to provide for park sites ` and improvements on a voluntary basis. Application of Policy This policy, developed in cooperation with the development ' community, is intended to provide equitable guidelines to be, used by persons developing residential properties within the 1 City of Denton and its extraterritorial jurisdiction for the purpose of encouraging participation in a cooperative effort to provide for the packs or improvement of parks which will be needed to serve those developments. This policy is intended to be a voluntary program. Compliance or non compliance with its guidelines by any person shall not be. used by the City Council, the Planning and Zoning Commission, •or any other come ssion, official, or employee of the City in considering an application or request involving a zoning matter, the approval of a plat, a building permit, or any other application or request which requires the approval of the city Council, a board or commission, official, or employee. Polic A. Donations of Land E R 1. Application and Amount. Donations of land should be m do by any residential development which contains S00 or more dwelling units. The donation should be in the amount of no less than one acre for each 100 dwelling units. 2. Land Characteristics. The land to be donated should be se ec e n coney ation with the Parks and Recreation i Department. Consideration should be given to locating park sites adjacent to school situ, whenever possible. s Whenever linear packs are to be provided, they should be located around natural drainage and wooded areas to provide for multiple uses. tot neighborhood parks, the land should be sufficient in site and shape to accommodate, on land located outside i PAe~ 1 A 1 i the-100-year flood plain, the following uses: two (2) tennis course, twelve (12) parking spaces, 3 picnic building, a basketball court, a playground area, and other facilities specified in the Park Master Plan for that area. Areas to be used for soccer and baseball fields may be located within the 100-year flood plain when the topography is otherwise suitable for those uses. 3. Park Site Im rovementa. When the land to be donated is cont guHe to a eve opment, the developer should bear .r . the cost of platting the site, providing public streets, driveways, and water and sewer service to the site. The City will bear the costs of all necessary streets, water and sewer lines and storm drainage improvements within the boundaries of the donated land which are necessary to make the park site usable. 4. Manner of Donation. The land should be donated by dedication on t e final plat of the development. r t R[ B. Fees in Lieu of Land. 1. A lication and Amount. A fee should be paid in lieu 0 one nq an or any residential development containing less than 500 dwelling units. The fee should be in a minimum amount equal to one-foutth (1/4) of one per cent, (11) of the-construction value of the dwelling, as identified on the building permit, c 2. Pa went of Pees. The feu should be paid to the City at t E, me the building permit is issued. The tees collected by the City shall be paid into an interest bearing park trust fund account maintained by a local bank for the benefit of the City. The trust account shall be subject to the terms of this policy and shall be paid to the City, upon request, at the time the funds are to be used for the purposes provided herein. 3. Use of funds. All park fees collected must be used to purchase and for parks or to improve existing parks within the park planning area of the residential 1 I development for which it was received. C. Combination of Land and Fees. Where it would be advantageous to the City an the development, the developer may make and the City may accept a donation of land, combined with the payment of fees. to satisfy the requirements of this policy. ' i ,9 E t i. ! i { t i 1 ' 1 D. Return of Donated Land or Pees. 1. Land. If the land dedicated by plat for park purposes Ys not accepted by the City within tsn (10) years from 4 the date of dedication, the developer may revoke the dedication. , 2. Fees, If the fees paid into the park trust fund are , not paid to the City for park purposes as provided herein within ten (10) years of the date of payment to the park trust fund, the trustee shall, upon the r ' request of the person making the payment, return the funds to that person. s,• I r k J yf~p wd C E r. Arp r: 7 _ Y i S 1' Y v y T1 r f r g' • f ' .•iJ w 1. r- r ~ 4 5J 2375k Pao& 12, k,.., A 1 11 ` 1 f I I Current Local Regulatory Framework 1. Article 4.15, Appendix A, Code of Ordinances. Subdivision and Land Development Regulations, - Regulates subdivision and land development within the City's extraterritorial jurisdiction and City limits. - Prohibits development which would create or be a flood hazard. xr { - Generally requires that floodways of lar o drain e I~ basins (one square mile or larger) be let In their natural state and be dedicated as drainage easements. 4 - Encourages preservation of the flood plain. • Requires erosion control. Establishes a framework for development to occur in accordance with regional drainage plans and be consistent with regional detention plans, Requires prior approval of the Federal Emergency ~J Management Administration (FEMA) and the Cors o Engineers, as Applicable, for floodwey modifIcat on before City development approval could be considerel. I 2. Chapter 10.1/2, Code of Ordinances. Flood Damage Preventions. ; I C - Includes regulations and a permit process that controls developpment within adopted flood hazards areas. The federal government provides heavily subsidltedflood insurance for citizens in Denton in rlturn for city monitorin and re ulation of development within designate flood azard areas. This regulation enables Denton to participate in the federal flood insurance ogra■ by prohibiting flood hazardous building and Mrood plain fulling. Requires residential substantial development or is rovement base floors to be elevated above the 100 year flood elevation by 10 inches. j - Requires non-residential substantial developim at or improvement base floors to be flood proofed or be 18 Inches above the 100 Year flood height. j - i • Requires surveyor of base floor elevations and engineer certification of flood proofing. ' I ~ 7it 'It4 ,._..w . t. ,s i1fy93A~ i I i I 3. Appendix Co Code of Ordinances. Tree Preservation, Landscape, and Screening Requirements and Regulations. - Regulate clear cutting and the cutting of trees 10 inches in diameter or larger. ti. Appendix B, Code of Ordinances. - The Zoning Ordinance, 'The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. They have been designed to lessen the congestion j in the streetsi to secure safety from tire, panic and other dangers to provide adequate light and airs to r prevent the overgrowing of land, to void undue' SIA eiip. concentration of populations to facilitate the adequate, provision of transportation, water sewerageo schools, I parks and other public requirement's. They have been made with reasonable consideration, among other things, : for the character of the district and its peculiar suitability for the particular uses specified and with a view to conserving the value of buildings and encouraging the most appropriate use, of land throughout 1 r"1 the city consistent with a comprehensive plan,' a^: t „ 7h I 237sk lei k 4 t LEGEND OTHER FLOOD AREAS SPECIAL FLOOD HAZARD AREAS INUNDATED ZONEX Areas of 300yar flood; areas of g BY 104YEARFLOOD 100-vea flood wttn i,ense Cl ZONE A Na law need 111,lenr davmined. of rest thin I fool Or with dninap area lead than 1 wuAre mire; and ZONE AN Saw flood erevrt4rntdaamrned. trial Protected by [seats from t00• Year flood, ZONE AN Hoed depths at I to lent fewany wear of OTHER AREAS pondinUi baw Read d,vall"I duer,e n d u ZONE All flood d,pme or r to 1 4u (awnq ,ne,t ZONE X Area frond erri to be .utilise loo. plain. OR dopMa urralnl, a Pate depth, ZONE D Areas in which hood hoards are daerrnLned. rise me, of alreelat ran need• let, eehilnia ales doter m 'r ed, u n do term fine d. - ZONE AM to be prourted from 100.0,, neod by flood Boundary federal Rood prdtretlon rY#Iet YndN t~;,.. e°netrvaslon;neeawelnealenadaam;ned. Ploodway Boundary ZONE V Could flood with velocity nuW lino action); no taw noted eteruloer dare \ aceadrtion. ZONE VE coati Rped with velocity heard leave action); bow need dovadrna determined. \ r FLOODWAY AREAS IN ZONE At RM22'_~' / ZONE X~ e10 LIMIT OF DITAILID STUDY ZONE X 6 t'`u,o ZONE x / ~-~L`•1hr i ~ ~r ~7 ~ Brea YpeO ph, 24~ r MoAwnhl6Md ZONE A[ . M 73 ,•°!"7 l a ZONE A H 6J9 6r' , M PTN'1) 11 LZONE x~ 0 w+ewu; 1bti d 20redx f 6316J6 6~"\'6Jt Ire o., . +r a ea r 6 1 P o t M rots r, all r RM 30 1019K 1 • ~,aw• ryt 41 yr t all ti S 09 rw... t ~ ',yr ; ~ 2 e a Yd ~ IF lk~ 0 !f cad oe.n+,tr 13 f y is bi•, /•t^ea 6ldd,~J ti•.. It jN °rf rr,'1 0.94 r. f ui" M NATIONAL F1000 INSURANCE FROGIA t +a, to noer.cyyr,nrtf?. ZONE A -1_ tO ~ r Nit ,V, 0 ' r , t J(r ~ FIRM =o - FLOOD INSURANCE RATE MAP I EASE.: CITY OF +rr,, DENTON, TEXAS 01 DENTON COUNTY Page 15 y( 1 r•• 777 t A Greenbelt Bibliography 1. American Planning Association. Performance Controls for Sensitive Lands. 1975. 2. American Society of Planning Officials. Regulations for Flood Plains. 1972. } 3. ASCE, NAHB, ULI. Residential Storm Water Management by ULI. 1979. t. 4. Burke, David G., et al. Protectin Non -Tidal wetlands. r PAS 4121 413. APA, Chicago. ece■ e S. Freese and Nichols, Inc. "Hickory Creek Watershed Flood Control Study." November 1989. l 6. Gold 19Seeymour, M. Recreational Planning and Design 7. Henderson, Harold. "Open Space: How to Get It and Keep , It," Planning Magazine. November 1990. p. 4. rat 8. Institute of Applied Sciences, University of North Texas "Ray Roberts Lake, Pre-Impoundment Environmental Study." May 1981. 9. National Conference of State Le islatures, Karen Hansen, ed. Wetland protection and the States. Washington, D.C. Apr 10. National Park Service, Rivers, and Trails Conservation Assistance. Economic Impacts of Protectin Rivers Tr~tisi and Greenway Corridors, Resource Book lYYV Coition. 11. Roesner, Larry and Robert Mathews. "Storawater Management For the 1990's." American City and County February 1990. pp. 44.54. 12. Salvesen David. Wetlands: Mitigating and Regulating Devefooment Iaeaetl. ULI, was ngton, .C; 1996; ; 13. U. S. Army Corps of Engineers. Fort Worth District. Greenbelt Corridor Between Ray Roberts Daa and Lake ew sv e La K9, MAY . f 14. U. S. Army Corps of En ineers, Fort Worth District. Final Re tonal Environmental Impact Statement, Trinity Statement, Trinity I t River an r u ar es1 i Page 16 2375k l 15, U. S. Army Corps of Engineera, Fort Worth District. Ray Roberts Lake, Recreation_Facilities. sep em er 196 16. U. S. Army Corps of Engineera,'Fort worth District. a Reconnaissance Report . U er Trinlt River gaain o ume Main eDOr arc E , 17, U. S. Department of the Interior, Fish and Wildlife Service, Fort Worth Field 6ftice, geological Services t ' Urban Deaswlo eentor and Fish sAd wildlife Habitat, of e a or g!- .Y ~i 1 d A- F J 1 i is ~ ~ 1J4 ! * YY U 4y1 ~ ~ ~ ~ _ t ~ q~n 1 l 1 1 i ° V_ page 17 2375k i 11 Sol P&Z Minutes March 6, 1991 Page 9 one, She stated that she is concerned about traffic on Carroll Boulevard, It was carved out of the middle of town. As she stated while serving on the Land Use Planning Committee, the City has a contract with the citizens to move traffic via Carroll Blvd. A lot of money was spent creating that north-sou:h arterial. If traffic is interrupted, then the contract is being broken. Carroll must remain a workable arterial. There is also a possibility of setting precedent. If the City sanctions office zoning in this area, there will be a demand for more. There would not only bi more traffic, but a loss of certain types of housing. There is housing along Carroll that meets a need and there is demand for it. New housing cannot replace that. Some of the houses are homes for extended families, Mr. Seese stated that a minimum four lot standard and limiting the square footage of the offices cuts down the amount of traffic normally generated by offices and would mirror the existing traffic situation. They will know more when the traffic study is completed. - a Ms. Brock stated that staff did a good job working with the neighborhood. Mr. Engelbrecht said that he would like to know the future l of the left out lots. IV. Hold a public hearing and consider a resolution which amends the Denton Development Plan (DDP) by adopting a Greenbelt Specific Area policy and which adopts a strategic issue work plan for greenbelts. Mr. Robbins reviewed the proposed Greenbelt policies with E the Com.A scion, He said that their main function is to protect the floodplain and reinforce existing policy. The resolution creates a visual depiction of the floodplain"and a unified greenbelt system. This could be important to the upcoming storm water utility. He showed the Commission slides of different areas within the greenbelt, Mr. Salmon stated that in some of the central portion of the ' City, concrete channelization is the only answer. In lass intense areas, it is preferable to leave the greenbelt in its natural state, options to concrete include bags of cement that look like flagstone and gabions which are wire cages of rock that are stair-stepped, There may be some pavers that are appropriate. If there is an area with a narrow easement, paving may be the only answer. There may e` be some intermediate type areas which can remain mostly . natural but having a specific shape maintained. r j t P&Z Minutes March 6, 1991 Page 10 Mr. Robbins reviewed the implementation plan of the policies with the Commission, Mr. Appleton asked the status of the bikeway/pedestrian plan. Mr. Robbins said that it has not been written yet. Work on ' it will begin later in the year, hopefully around October. The concept has been endorsed by the Park Board, Government Affairs Committee, and the Beautification Committee. f No one was present to speak in favor or opposed to the i subject. { P ` A ! Mr. Appleton moved to recommend endorsement of the i' resolution. Motion was seconded by Mr. Engelbrecht. Mr. Holt stated that the greenbelt plan is the sort of thing that few cities tike advantage of. It has taken years but the rivers in Port Worth and San Antonio have been improved. ' Ms. Brock noted that the federal requirements for storm water are an added inceP:ive to maintain the floodway. Motion carried unanimously (5-0), Mr. Holt left the meeting. ~ y V. Hold a public hearing/work session and consider amending the f Sign Ordinance, Staff Reports Mr. Robbins stated that the last time the Commission discussed the sign ordinance there was a consensus that multiple occupant signs 15 feet tall and 150 square feet would not be desirable on secondary arterials, That issue needs to be discussed, Staff is proposing a j sliding scale for multiple tenant signs on all arterials, The more frontage, the larger the sign. He explained the f; staff proposals and options to the Commission. After discussion, the Commission agreed on the following) 1) They were opposed to letting properties be combined in E order to have a larger sign. 2) They wanted to see an ordinance at the March 200 1991 ~II meeting. 1111 3) A sliding scale would be appropriate on primary arterials for multiple occupant signs.. 4) A maximum size of 20' X 60' would be appropriate for multiple occupant signs on secondary arterials. `/P5 .P pp.OpF PY4 r;uWn .FYUI~^+i r'1 I i i CITY COUNCIL REPORT FORMAT ! I' TO., Mayor and Members of the City Council FROM: Lloyd V. Harrello City Manager : SUBJECT: Approval of a tax refund to Title Resources RECOMMENDATION: ; Title Resources has shown proof of payment and the Tax Technician recommends a refund. 1`• t , ra' SUMMARY: t: Chapter 31.11 of the Texas Property Tax Code requires the approval of `1« ` " the governing body of the taxing unit for refunds in-excess of $ 506.60, Title Resources has requested a refund in the amount of $ 611.931 due to x duplicate payments on Account number 104217. 1w5"> rr. r BACI(GROUND. .1, ,•R ` The mortgage company and Title Resources paid $ 61i.93 each on the, account of Elmer A, Dobbs on 2-28-91. Title Resources is requesting a"'"' 4a I refund of the overpayment amount. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED. The Tax Department and the tax account of Elmer A. Dobbs FISCAL IMPACT: : $ 811.93 ~ . , r RESP TF LY BM TTED: h fame L16yd V-. rre City Manager Prepared by: flame Vic Schneider Title Tax Technician r Approved: Y y a Name Harlt ferson t' 4 t 11 Title Tre er ! r 7t 2633C/3 I ~ • ,s r.:r an ar. S+n:.i t'l~.lwl.rwrkArc 1 i i ~„x,►~q.,tyr.eD.w APPLICATION FOR TAX REFUND MhwN Asew.we !L1 g1llso Collecting 0111C AN Names collecting Tax For ax g n d- • o Sf Address City, stem. Zip Code rr_rrr---- -r~rrrr-~•rr-rr rr r r-r r r rr rrrrrrr In order 10 apph for a tax refund, the following Information mutt be provided by the taxpayer. IDENTIFICATION 11 CROP"" Tv Name: /7 - - zz: { Address: Telephone Number Of additional information is needed): IDENTIFICATION OF PROPERTYs / p b ID/fa~se S' l~j~DCk s; SOT 7`/ Descriplion of Property: 4 11 Address or Location of Propertor• Acocunt Number of PropW. or Tax Receipt Number INFORMATION ON PAYMENT OF TAM Amount of j Name of Taxing Unit Year for the Amount of tax Refund From Which Refund ICR lidDow Pey taxes Paid ~4u estid is Requeem0 3. to Taxp'ers reason for refund (attach supporting documentation): errar 6 7~i p /17oif~~e C'o 1 e e r f&M It I ha 7w QW on this form "I hereby ppb for tM r nd of the aboveodWribed taxes slid artily that the 1n n 6 Correct." as f4iL Data of Application for Tax Refund rrrrrrrrrrrrrrrr-- gnature 6y ~/A1a! ~~J~ ~~~~rn.~-LZ~.~ ~,grrrr rrrrrr rr~rrr Oifapprcval DETERMINATION FOR tA>< MFWtOs -Approval I . eta Signature of Authorized Offloer r Data 81gMotu(! of Presiding Oftioar(s) of Text ef net C exags)re for Man refund ,0 "we Mr applications INS ow Niaee ~ ! "we Na yy of , 1. ~alrmMxasri ~ft A~ preen wM taslxN a fatty MMrY M Mrs/MM axlilN • one of 1fM enra Nee M,IM K reef exMh fIM aa1 I f.MlnMaMlt M N! tM •Lena el m 1 year, w a font lief m eased q.000 of reef sash awe ant MaplNxMml11 N sat In lN1Nn lL10. lento CMe. ewe sii~ r, r Ali Alt-' 1 1 i i j. L ~ s 1 i a r r~,l `1 ~~LM~V~\L/W t P,Oj117 f Ik 11.41 Irkf illI pntht4 Drive T. vk rY, t. 51 , fS F ~1l 1 ~'~1 a ; l luite ~b 401 1h'utut+,1 C Tti10! " 1 p ~t 00, AFTIM 0 MONTH Il,~~xr r , 5 ~ « ~ 611.93 PAY _ F. ~~ai • 1,0ti'~~uP 1 f;~ r~ ` '5;. ~..r...~.... i I k, • L ~~esc r It rf I v ..4 PO -rp CITY GP' DAN TAX OlipfC6 ~ •j ~ I awi~ n ;r air t 91604Ib 198 11913 NORTH Ldlt~ TRA r '~I r '+,s w rn~e 4110 NionTH LAKE Dgmi PHA' V D~V I:R 1 , A r ' iL Y ;KI fa I ;pan b L 14 30 } s,. ! q t~ . f ay# •r r.u w .....u -.J.•i+.w•. •..w rl •~ra~•••~.,. .•.~w~r'.u r.~Y.•A tr '•i F rat 1".irrt ~••,r r~l ~,}•TJ•'Ci r~~lFt'~'l~Y ►7 T O-'♦'C n 71 wool I t f. ^ r r 4I r, ~ ' alp 10 0.) 0 ~44,1 1 1 y~,~ ,Ij ~y l } • I., 0.1 4,0 .I • 1\~ ! 1 J'•r. Ir Y OA ~!I7~ 1~ ~1 11! 1 ! N' I 'w t 5 .1{ f I\ . ~1 5 ~ t, Y 1 'r ' . d 5 p r' ~ ~I f ~ 5 r~1 ' ^ • P ' _ I } ,.j c ,115 N(. f x c r ir(. ..~........_......,+w....,,.... r..,.,,,a,,..._,. _ a;:v.~xuhit.F&atirk •yw'ar + , {dad .u, Rrc ° i4w I KL~ 1 REPOIIT FI OROSOY 04/04/01 AT 18731 0 V E R P A V M E N 1 S PACE 8 i ACCOUNT NO, RECEIPT N0. NAME ADDRESS AMOUNT STATUS OF PAYMENT -1/04 !06 TIMBEAGREEN C[R- 310s 0 CVEAPAY 2627534--72 60 000000000 0 990 -057 8 FEDERAL H HONE LINDA LOAN L MTG CARP Y PRAIRIE 3 to 2 CVtRPAV 0/04/06- 0 601 FEO£RAL i, 21999000000 90/04/08-0619 DGRTNER& . RAYM LOAN O S ND SOVTHRICGE 9 @10 OVEPPAV - ,.SAVANNAH.-TRA14 "'"29.6 LYlAPAY---- ii OLIi - h2!6]4897203.0000.0000_9090/0/044//08 OB --360695] 0 YOLSKSKL EDWARD F GUA DALU PE 4• OVt RPAY ' 26505050000 90/04/08-0710 BARROYo J. Hs JA SAN GABRIEL 30.1 OWE PAY 200t70 000 90/04/08-0736 KLEMMEA* ROBERT + DEL OR 80• v OVIPPAY 207/103030 3-90 /0 410 8_0822 - TIMS•-. JOSEPH .L JR .PAIS"V____ -._._~___..__ii• 7-OYNePAY------- k..~ 32664000000 90104!08-1016 FIRST STATE DANK OF DENTON FULTON PLACE. 419.47 OVERPAY 32664000000 90!04/08-1017 FIRST STATE BANK OF DENTCh FULTON PLACli 2 3.53 OVERPAY 33274000000 90/04103-1035 FIRST STATE BANK OF DENTON BOLIVAR 63.99 OVERPAY '•274600000-90/04/00-1037- FIRSTSTATE BANK. CF_ OENTON - BOLIYAA-- - 110~It1-OViRYAY 3 '95810 00 90/04!09-0076 HILL* JACK C GREENYCCO 326.66p OVERPAY f 3!3g7gE8 0000 90/04/10-0027 DAViS BERT ! KAVEYL00 to p99 pOYERPAY _._..._.-7716Y-YYYl6A%AY~---- - 12019011600000.00/OS%tI{S-016YALTEERSCNEIdUSTEPHEN J. BRITTANY Is 00100000 9000%t6-0100 R_P P;OPERVI Ss INCI OQUBEOttAItG HILL! CA 6S.ae] CYLRPAY, 1 39394000900 90104/30-0012 FARMERS S NEPCHANIS STATE BANK VI 6=TIIA St OVERP ~ A y~4 00Qp0D_9D/04lJ1-.0]OS_..SIEMs.DANM.0_-.-----__.__-_____._ pA"lTA&- -851.1! Q$fVts~/MPAY LOCUST •o0 C0 oV APAY 8e04500 8880 93%33%Ot-O k09 JVOY"AMAX !Y O 21-23 N 0 4 M99200 v 90/03/05-0000 HAP OAK PROPERTY E MCKINNEY 6•*6 OY PAY u 10020003000-904S/OS~011SPEN[l9-LOOP_260 IOEN70N1-LTD----__._.-__.- --43%•64 r_36171600300 90/05!05-0296 FULLERS SAN FISHTRAP PCAD b2.4b CV At i 10264200 00 90!05/06-0055 SIMS. KENIIH 0 YILLCY STONE 219.62OVERPAY-. 10431900000 90/05/06-0056 LEYIS MIKE CONST INC CHAPEL DR 976.0] QVIRPAV OODD...4D/OS/A6-:_0119.-CREIGHfCN•-.JO_ANH --_-I MPBRIAL-- ~S IF QV R A 9416090 /O5/07-0011 .7AII93a JON E PLUM MOLLOY S uO k 008088 98/ /09!07-0303 OYN• JIMM[E 6 REAYES. GEORGE 3~011i OYtRPA~Vl 0 a0 0 9 05/07-03 CCOAR DOE PROP 1 INC ■ •6000000..90!05!07-OA60t CXS CKSCN4 N.- CHARLES RI[S 0. OyORPAY - t45310D0000 )O/05/07-0630 1- "S 04 E UhIVEPSITV OR 2 •a9 OVERPAV .vryl. 254600000903 90!05/07-0660 SI S. CARY Y AUBURN 30AQ0.OVLRIAY 21561000000 90/05/11-0165 WI'A.AAMS. JOHNNY B EGAN 4. CVERPAV S V 41V2400D00.90/03!12-0350__AP!e.02#-YILL IAN DAVID L _._.lWII1NWIAeI-DR----•-••--46L•4i-IIY6RPAY^---"" fi + IT 34901000000 9D/OS/1]-0036 6LLL• JACK JR FRY 9T I~60B0 QVERPAY { b116}}70 90!05/ 3-0068 MYERSa CHARLES G PEAR TREE PL 481• OYILAPAY X3657700300 90/05/3-0420 GENDER. SUSAN !MCKINNEY f60 .0.7.+ VO !V_V~«f i 4 y __a -evagA e' - •`71518000 90/03/13-0432. ESTEP. STEVE.. 2760700 000 0 90/05I24-0 02 JEFFERSON. J H S 906 HILL ST 1735 OVERPAYy 13662800000 70/3'3/22-0022 OOTY• MICHAEL E MCKINNEY 1126 et a CV %Atf t.'. 23472000000 90/05/28-0072 WALKED. TERRY A. SANTIAGO PL 100-90/03/18-0080. WARD,_ "110OW--_. ` 10252 0010 8 A A NORTH LAK! TP 61: V Y 02"a "Irg 1]5!6 000 96/06/04.0039 -NOVIEtIME _ E Mdl[NABY SUIT- _ • -coke,Yri--•_, 1. 566/00000 90/06/05-0 13 SPACE MAST£li INTL YINDSCR/NORTHLA KE D 0a0 OVS0/PAV ~T•' 51X6E00000 90!06!05-0526 NEXT DOOR SUNSET $T 0•$1 CV (Fs_IPAYY r 24545000000 90!06/07-0001 6REARLEY. OCNALO E GEORGETOWN 9• OY PAt+ l 33609000000-90/O6/11-0007._IUTTs WNE _ _ _ TEST - e .i, s; t r r fig; , tti . e; - x b~• d DATE: 4/16/91 r CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY REPLAT OF THE GOLDEN TRIANGLE MINI-MALL ADDITION; FROM LOT 10, LOT 9 AND LOT 8; INTO TATS 9R AND 10R, BLOCK A RECOMMENDATION. The Planning and Zoning Commission recommended approval, 4-0, at its March 20 meeting. i SUMMARY: This is a 3.10 acre tract located on Colorado Blvd,, immediately . southeast of its intersection with Sadau Court, Improvements consist of four additional curb openings (two accessing Lot l0R), J A and concrete sidewalk along approximately 1,000 feet of Colorado, Blvd. and Sadau Court frontage, The property is zoned planned development (PD-28) and Lightu Industrial (LI), and the Council is considering rezoning to PD and the adoption of a detailed plan. Development of a Braum's Ott restaurant on lot 10-R is proposed. City services and facilities, including water, gas, sanitary sewer, r' 'dd telephone, electrical, and solid waste, are available. ~o r'r The replat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations, „ PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: t None FISCAL IMPACT: None Respe full sub ted: 4# Pr red by: Lldyd V. r / re City Manager 'Kr V Urban Plamir ~R Appr fk ✓ is t r o ns, ;k Executive Director for Planning and Development 3146k . . r..... hYw Wail i PROJECT: Braum's WORTH ,t Lot dr. Ac. all \ rr1 4.11 Apr NOi~ A V 7 ~gs_ r Y, l Preliminary Pla i ~ F y r .•Y r'lI Y) 1. ' 1 f p SCALE: NONE DATE: 31151'91 ti A j+ y r1 A r Z 91 001 BRAUM'S A%S DRY ' C M~TlR 1TNp} T i ~ G~ r ~ 1 I I 7-7 O l ' ~ ~ i Y r ' Iii ■ ~ r1 ms tQ~ f1 1 1. r S I D 0 ~r y ou so ooua NONE DAN 8113191 F r Minutes PLANNING AND ZONING COMMISSION March 200 1991 A speical called meeting of the Planning and Zoning Commission of the City of Denton, Texas, WAS held on Wednesday, March 20, 19910 at SsOO in the Council Chambers of City Nall. Present! Roy Appleton III, Euline Brock, Jim Bngelbrecht, Ivan Glasscock, Judd Holt, William Kamman, and ?can Morgan Present from staffs Prank Robbins, Executive Director for Planning and Developments Owen Yost, Urban Plannerl Karen Fashari, Urban Planners Harry Persaud, Senior Planners h` Donna Baker, Planning Tachnicians doe Morris, Assistant n City Attorneys David Salmon, Engineering Departments 4y, Cecile Carson, Administrative Analysts and Olivia J` Carson, Secretary Chairperson Brock called the meeting to order, kA I, Consider approval of minutes of the regular meeting of February 13, 1991. G It was moved by Mrs Kamman, seconded by Mrs Glasscock, and t unanimously carried (4-0) to a ppcove the minutes of the regular meeting of February 13, 1991. 1 ' II. Consent Agenda I Ms. Brock removed item A, the preliminary rapist of the Ii Golden Triangle Mini-Mall Addition from Lot 10, Lot 9, and I part of Lot 8 into Lots 9R and IGR, Block As Eki I Motion was made by Mr. Appleton, seconded by Mrs Glasscock I and unanimously carried (4-0) to approve the remaining consent agenda as followas The preliminary and final plats of the Lacey Additions Lot It Block Is Mrs Yost presented the staff report for the Golden TclAA914 Mini-Mall Addition, He said that the tract Is 3,10 agree 111 located on Colorado Blvd,, immediately southeast of Its w intersection with Sadau Courts The property is soned ' planned development (PD-28) and light industrial. i Development of a Braum's drive-through lot edam restaurant on Lot IOR is proposed, The pplicant will build 194 feet of concrete curb and gutters The Development Review I Committee recommends. a pprovals . Mc. Glasscock moved to recommend approval the preliminary } replat of the Golden Triangle Mini-Malls Motion was. ~i ' seconded by Mrs Kamman and unanimously carried (4-0), SiV 9. ' ff ~ I ~ yy wool 4 t 2651L-1/3689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. r WHEREAS, the City has solicited, received and tabulated 1 competitive bids for the purchase of necessary materials, equip- went, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City ManE.ger or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or ,c. services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCI'. OF THE CITY OF DE14TON HEREBY ORDAINS SECTION I. That the numbered items in the following numbered' bids or maFerials, equipment, supplies, or services, shown in the { "Bid Proposals" on file in the Office of the City's 'Purchasing Aent filed hereby accepted according approved h as bid number r lowest n responsible bide { for such items: BID ITEM t NUMBER NO. VENDOR AMOUNT r 1210 ALL ?68'ri'CH INC- S28J01.00 1291 _ .-&(1 ....RLatr c^..**rrre 1234 ALL WW MS 1261 .l3S.961.00 1239 AA ~ *acv►.° *Yr 319,729.00 !43.416.00 ' 1240 .1, 4.5 _ PNIl9'1'SR_ j')2_ in-M _125.- .2,3.._ yaR n ' }r vr. K 1 y r, 1 A the acceptance and approval of the above SECTION II. That by the City accepts the offer numbers terns of the submitted bids, sons submitting the bids for such items and agrees to of the par su lies or services in purchase the materials, egsipcifications, standards quantities accordance th the terms, Pe with and for the specified sums contained in the Sid Invitations, Proposals, and related documents. and persona submitting. Y A, SECTION III. That should the City of the bids to approv items and regiment sues etas result ofh the r e2~an accepted enter format written a8 bids the City Manager into a royal, and awarding of the r. acceptance, app provided that N or his designated representative is hereby nut orixed to execute . the written contract which shall be attached hereto; conditions the written contract is in accordance with the terms, roved and F^., uantittes and specified sums contained' r specifications, standards, q in the Bid Proposal and related bid documents herein app accepted. SECTION V. That by the acceptance and apptyval of hgilabovY 'f>W~ numbers tams of the submitted bide the CCii J; am And authorizes the expenditure of funds too a t written ` z accordance with the approved bids p contract made pursuant thereto as authorized herein. That this ordinance shall become eiieetive;: SECTION V• sass8a and approval. j".. imme ate y upon its p 19914 r ' PASSED AND APPROVED this day of a~ SOB CASTLBBERIlX, l1AYOR ~ ,rr YuO Y,. ATTEST: i rs' E F T , E(ft APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: „Y s JJ' -s PAGE TWO . 4 I y YS f I` 11 , e II ttaT4aT ~ +!f + ` 1231 ! I 0. AND 67T1N6E Q~ ~T~1 i I I {4 Ir p I rm4 ral 1 vam 1 I I f IIAMM 6 A0350DS1 1 01210.001 s W • fPf 1 t P5f2 KM TO 366 I 12,636.00 1 104.00 I 6s2 tats. p 2e6 I 6~t,185.00 1 `r` ,T3D.oo I 91 M KM 29 0 36 I $1 T I V32 paw 1 $1 031.00 t e I ma. tat 6o is 1 64T6.oo 1 , ' ` 9 I De DM ttmt 92P 1 $184.001 101 iM DAY t" AWTA 1 $131-001 + 111 UK 3210 0304M e0 1 07.001 12t m we as RSIeD366 I 1630.0M0 1 f 13! 11101 a ."n Ml0-~M S GWOO I 141 62e wwWw uTe03el 1171 WAD I 161 cum M" Im 8613 1143• ! F . „ ,070.0 1 t ITI amps OOJ+MIID! W2 6514 1 $1 Set sm DT211~R awn I (899.000 I 191 w W I6T 6511 1 1103.00 1 201 KIM MAW 956160366 I 04-001 211 tm mm w t1T I 13e.o0 I 221 2Q0 9.9 M M MM I 1t340A0 I 231 9Nm meot162 1 N 1 211 1cf sm tlf79Te-T9 cm 1 1616A0 1 I ~r I 251 46 = am ..1FM 1 Kb 30 266 IM ( 00-0 I 261 w "MOON l01615D609CJ101 1170.00 1 2T 110N 'no D= a6vtl 1N i rf i 261 bah r= = pavt I leD6.oo l tL I~ Maltlrrs 6 Ao®6.• 12t,5e2.oo ~ a=~ ae .0701. ~D1a1m+ +a , 291 I= 123 rat 2.2 1 W.00 I 301 I= in In 3.01 1 1343.00 1 3t t I=1lSJM~ nt 3.01 I go9.oo I f Fr' 321 am m mMnmGS va12.3 1 1296.00 S y 331 DOW rn rm 1.1 I 6163.00 t 341 wo ttam 5.1 S 016.00 1 331 tao pwa;f 9.1 Nam I ".00 ( 361 ON 4.0 1 $101.00 371 DM 4.01 1 1101.00 I 381 iC Tate = 6.0 A.t1fl!! 1 1e'3.00 t 391 NDlm t AM VIL.TAe t 1101.00 101 nK m sum 0oawa I era MOD I ; 1.22 I rat s 1st awl" 1111 Im. 62,696.00 111 MO. CIO rm t t 095.00 1 421 mae. a Ia612 I 6699.00 I ~ 4sl Mane. d ran 3 t 6695.00 I 4+t HIM. or ran 4 I 095.00 I f~ "1 K%W Of rm s 1 095.00 1 461 Mine. 01 rm 6 I wo0.00 I K ( Kwl 011 rm T 1 Da ID I'M I +r 1 1 rf " 1 I OA11aR I 10 un I +r, I a"010 I p?" 1 i f 1 DATES April 169 1991 S~STY_~43~2~4SL_flEEQflT TOa Mayor and members of the City Council FAOMI Lloyd Y. Harrell, City manager i $ SUBJECTt BID#1210 DATA LOGGER council approve award of bid to the lox in the anount of l28,7O1.00. ; aE~Qrsr~~x~euQu evaluated bidder, Testeoh Inc. gging ~IlMlS~all This bid is for the Purchase Of ant ands software E. system for Electric production. The 04uiPm will support the recording of critical prooeee events 5 regarding operation of the electric production plants The information gathered will be used to aValuate station performance and will provide detailed records of equipmenb operation." l Hl~iIIDflQIZgIlt Tabulation sheet and memorandum from Jim Thunet I manager of Electric Production. Electric r; li \ ~ PH49BSllS..---~LSST~IS~IZ__4H.r..4fl9SEE8....~F$~TBII ~ i y , m Produotion. 4r` Funds are available in the ►9O ~Q1 operating budget soot 1610-080-0251.925 (Steam Plant Equipment). Respectfully submitted$ u, L1o d Y Harrell ~r City Manager Prepared by$ Names elanis-Harden Titles Buyer Approved ar„ _ ~ fit, Shaw, C-P.M- Namet To W T1 lot Purchasing Agent ' MH/jh WIDOC y e rr E "Owl SID # 1210 I I I I I ! ! 1 1 t. BM NM Data 1 I rm I F;f2mC.F7f 1 MMTPQaCB 1 TESTWO I WTPA CIE I I INC. I ! I I I ! y, CPEN DATE FebmA y 26, 1991 I 1 f f E r' ns4 I im S.1E9CiaP7ICN k vmo I YMM I VmOR I YE>DOA I • r: I I k• I X16,859 I HM I I 116,292.00 I , 1 loaf= ; I l E I I nos 1.4 ! 2 M1314~ CqrOI)Rm l ! I 1 E . a° .u ~ 4 i ~ ~ IevalVltlp ! ! E ! I ~ n,•' I N/B 1 I I ` ;Y IUS -D OBE ! Na k1AAF1aC DSSILM 9[F'15 M i i 1 I I 4 Imj-T2* FAOCtigS mw I N!B I Ave I I I ° la taoKrAa, sarn~e I ! I I 1~ r c~ a - ~ 1 120,9.00' 5 IDKT1+~ CAPD ! ttro I x/s 1 12A,~ 10o 1 ( ! ► Ii'1T3~85-10 1 I'198510+ I 1 6 luz*tloor z 2/0 MAW ~ We I NA << I I 1 7 IDDZiTAL L9a<M T/0 e0A»sl N/B NA , 8 IPOW sl>PR.Y I Dam I N/a i i ~ pr,,~ • I E 1 , ,r , 9 1CAELBS f Dam I R/8 I ;r I 1 I I J 'I a 10 R4aLWW AOCES90Rl89 i ` NIB i I . 5,r ' ; Delivery 15 DAYS ; 21 DAYS ; 14 DAY8 E 30 Din I { I AddwA m kknowleaepd? I Yffi I Yffi I f Y>L4 1 ,kt' see ~OCFP1TOtt4 ALT. ALr. 1 rgX' 123,138.00 17,77'f.00' nts 2.1o tit.) i FTa 1%1.60 Xia 2 rY a , rl raa.~ a L i . - J T0: Tom Shaw, Director of Purchasing FROM: Jim Thune, Manager of Electric Production DATE: March 28, 1991 RE: BID 01210, DATA LOGGER ' Regarding Bid 012100 Data Logger, evaluations are as follows: y r Bid Item Testech Matrabvte Diaitronigs ISM . ? I t - [16492iO .no bid no bid 5859.00 00 no bid no bid 9 = tems -4 r1t2a260 ms 2-4 no bid no bid 14 4 - no bid o bid 6 - 20,924.00 200888.00 916,00 no bid 6 - Items 5-~;0 Items 5-10 16,850.00 no bid Y* q 7 - 10,070.00 no bid w 1 8 - no bid no bid , 9 - 572.00 no bid car 10 - no bid no bid Total - 637,216.0 =23,138.00! $28.407.004 65859.00!` .....-s-._ - asaxe sxxxssssss Incomp lets *Incomplete incomplete ' Supply Supply Supply r kv Only one firm, Testech, supplied pricing for all Items of the Specification.. By combining Metrabyte`s proposal with the IBM proposal, the specification swa, can also be satisfied, Disregarding Digitronics, due to price and insufficient supply, An evaluation 4t of Testech vs. Metrabyte/I8M follows: F IS.am Tastach Mat rabvte/ IAm i k,.. 1 - 7777.00 61859400 (IBM) 2 - r Option 01 md0.0o ' '3- items L Items I-4 I Items 4 - I' 5 - 20,924.00 200888.0 0 - Items 5-i0 Items 5-10 7- 9 r 10 - Total - $28,701.00 828,997.0 r .-..x2xx0~ xx~xCxx~ Tp~` f Testech supports our requirements in this evaluation also, and based on low evaluated bid, I recommend accepting their proposal. s , Page 2 Data Logger ; This order will provide equipment to allow the recording of critical process events, regarding the operation of the Plant. The information will be used to evaluate Station performance, analyze pre-trip conditions, monitor e critical equipment operation parameters and provide detailed records of equipment operation. The order with Testech should include: Items i - 4 Inclusive 71777,00 (Option 01) w 5 - 10 Inclusive 209924,00 Please contact me if you have any questions regarding this recommendation. - r°f'+ Thank you, Manager of Electric Production JT/ks 03291028 cc: Ernie Tulios, Director of Electric Utilities x Bob Nelson, Executive Director of Utilities Requisition 0125480 v: , I r r, , s ~ r .r ~i Y y Cot V J 1 hT i • d. ~ .r.. wryt. Ir y . Nor, : N• All t V Y, DATE: April 16, 1991 ,i YITL&QYHS~.i~_H~P98T i T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTI BID/ 123t - PERSONAL COMPUTER HARDWARE, SOFTWARE AND ACCESSORIES flEY0HFjBATI4fl: Council approve award of bid items 1-40 to I ¢ the overall low bidder on these items, Basic Computer at the i, unit prices as shown on Exhibit A. The hardware and `i*r accessories portions of the bid must be awarded to the seas ~ vendor because some accessories must be factory installed. $YHMkU: This bid is for the purchase of personal computer hardware, software and aoosesories, Purchases will be made r a, ` during the term of the bid on an as needed basis. As of this date the Vehicle Maintenance, Municipal Lab, Library fr and Customer Services offices have requisitioned `purcbssea totalling approximately 120,500, The bid prices 'are to remain firm for a period of six (6) months after bid award. Bid items #41-47 for maintenance are not being awarded at this time. Since the equipment bid is IBM,' the let year tr' warranty may be upgraded to on-site service for $40 each. flI"21DUlDi Tabulation sheet. E9Q9Edr1,Y~__~SEeBT1lS~11---QL__~HYYP~_~6ELP.ScT~ Vehicle rf` Maintenance, Municipal Lab, Library, Customer Service. ; .r a UAgA -IM2121s Purchases are to made from the 190-191 r, budgeted funds of the requesting departments, Respectfully subaittedl i`- _ Lloyd V, Harrell City Manager Prepared by: r•• w, yf t 7 Naas: He to Harden Title: Buyer Approve Neme : Tom D, Shaw, C,P,M. Title: Purchasing Agent TS/yh ea. ,e mum, I 1 91D I 1231 t I 1 i 0340 Aw. cm 1= MK p>0 m41L l6A4Ia 6341= I Cariom SaMM I I I I 3-T Al I I I I ! 1 an ! t -1 vwm I 4 1 9713$ i YP2001t 1 J10COA j V9frC$t -1 1 -I 1 tt41ta1ets t< lCC1 1 1 m Km 80 1 0,210.00 1 $3,%5-001 I/8 I 0,449.00 I $3.461.00 1 2 1 PSR KM 70 386 I $2,635-001 $2,775.00 1 IiD I 0,669.00 I $2,989.00 I 3 1 PS/2 KDL 02 1 $2,104-001 $2,197.00 I tax I $2,665.00 1 51,OTS.ro 1 4 1 M2 KE L 30 286 1 $1,465.00 I 11,219.00 I I/e I $I,64SA6 1 12,937.ro I P312 ML 23 0 36 1 $1,730.00 1 61,810.001 IiE I $1,199.00 1 $1,949.00 1 1 tAmm Plmfml 1 003 I 0 30:00 1 ~ 1t~,899'0o I $22, .00 I T I vam Pnfl7 nDl e i W. TM 00 of t $tr6 0o I OesAO I Ivt I $$09.00 1 $690.00 1 9 1 w Ins 11AI$e S.'W I 17$4.00 1 $193.00 1 1N 1 (22!.00 1 •00 I MIA 101 13R Im mm AVVA 1 6131.001 $139.00 1 L ~.0 I MI p I III LM 30'10 0021:$1 n 8D I $397.00 1 09.001 121 w we 21! $01180386 i Im 0~ I ro00 1 NB I 5~f19.a0 I $861.ro I kt 131 11901 cum 180.80356 1 $M•0 00 I $179.001 141 M 90410 m w R7A09AI 11234.00 I $260.00 1 IA 1 029• is! PS/2 KW 1 04.00 1 00.00 1 Ivt I $6A100 1 $101.001 1 161 03ae Dma M 8513 1 093.00 I 61SA0 I Ile 1 $631.00 1 $4A6.oo 4 WIM 11,1$9.0 1 I q',p t „g01.00 I 171 aa.9e 1'1.7197 M2 6514 1 $1.070.00 I tAl 45/2 0L71~Y I $0/19.00 1 $735• 00 191 m w 10 "A I $203.00 I $190.I Ka 1 $399.00 ! MOO I ~ j 201 1141510}PI00 m 803A6 1 5304.00 1 02.001 211 120 M W RT 1 535.OD i 00.00 1 MI I woo I 06.00 t 221 202/ 3.5 rsm 01x0 O MI 5310A0 I 019.00 I IA 1 09.00 1 096.09 I + + 231 S M MM WI= 1 1fA 1 09.00 I the 1 14 I 6".0 1 241 WE 3270 W32I&79 cm I 1616A0 I m! I Irti 1 18!6.99 1 10• 1 251 41+1 ffiS e0N M RM I 1 I 3 t 42 3D 2% 9330 I x210.00 1 075.00 1 Ibe i $9x5.00 I 000.00 I 261 141 mMG P26410fO9 AMI $410.00 1 02D.00 1 ! .o0 1 00 I 279 in 3.0 rim t10x wal we I In M MI I en t 5roo D0 I 281 G" I= 080 WK 1 06.00 I 060.00 I 1110019 $ 1. 32 %m 1x1,552.00 i,i.~, ).W M• fa1~ 24 Ip,16111.W 3 I got t M123 23 vd 32.2 I $ 095.00 1 WD.00 I . ~ 1.00 1 09.90 1 $3 •00 1 3i l LOSS' rI~sIOCe vOt 3.01 1 09.001 $0.001 $328.00 1 0319.95 1 IA I IT vo 1. 12.3 I $.001 33003.00 1 074.00 I 059 95 I tt~s I j J31 0M1e 341 wn P407P= 5.1 1 5116.00 1 INA0 1 051.00 I '1x!9.00 I (547.00 I 381 1820 PSVV 5.1 mmm t 00,001 $200.00 1 116050 I lVl t IA I 33771 _0m 4201 _ I 11$00:000 1 1103.000 0 1 I 22.95 I 1 11 6:000 I 381 341 PCB W bv19= I $107.001 0`13.00 1 16.00 I 110.00 t IA I 401 M(M $U040t 00107101. I I am um w 1.22 I 1x20.00 I $319.00 I IA I 111"Ae t Moo I r 101111}5 1010 $x.892.00 181041.96 (3 ID UN) u 100 mo (9 e0 M) 415 ' I f 1290 01 I "100.00 I 0/11 1 5133.88 1 00.01 421 1!400!. M MI t I MOO I "A t Ixe I $96¢.68 t 0130.00 1 431 WK. a MI 3 I 5!93.00 I "$00.00 I tu5 t 1119.50 1 .001 00 M 1 1$97.881 1350.001 MI 4 461 441 !MDR. 0 r a t=$ I x'!055000 1 1 "'00 I A I ► 8~b 1 " 0 1 K 1 "W10050 I 461 !MW0)RO tY 7171 6 b I "100.00 1 " I ~ r 471 HIM. d MI 7 1 DMID *M 1 020.00 I Ih 1 1 1 { 1 t I I ISM 10 t1Afl I 10 am 10 0475 I 10 Dm I 19 DIPS I I t 1 I I t 1 V" cm I M 1P to$t I 1 1 [ I I 10910 I Mzt "L 1 1 1 . i ME i t 1 j DATEt April 160 1991 S.ITY_44Slt{4IL_EEYQET .ro> TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTt BID #1234= 16 FT. DIESEL RIDING MOWER i &~IiMSH~1TIQNs Council approve award of bid to the low " t+' bidder meeting speoifioations, Well Industries, for a total of 138,961.00 (Base bid 138,326.00 plus $635.00 for optional compressor controlled seat). AUIUJIYi This bid is for a motorpool replacement of a 1982 mower used in park b grounds maintenance throughout the; city. BICKO QM: Tabulation sheet. Memorandum from Bob.Tickner. U09b,4.16wi21LARTHRMT__98__lL jULj.__6FFES~TB~t Park and Recreation. FISQ6L MF~4Ts This purchase was authorized in the 901 -'01! =,1'` budget and is to be funded with CO Funds Aooti, 720-004_0020-8707. Respectfully spbmitteds Lloyd Y. Harrell City Manager k Prepared bye 1 Names Welanio Harden Titles Buyer Approveds r. Wanes Tom D. Shaw, C.P,M. r' Titles Purchasing Agent TS/jh i 144 . DOC dwt to J L. . j 1 SY ~e JLt tiC ' r l' 1 1 ~ d"i a I 1r BID 1234 I = I ° I I I . BID NAME 16+ Diesel Aiding Mower I JACOBSEN TURF I COLDTHNAITE+S IvEFF INDUSTRIES; 8 COMMERCIAL OPEN DATE March 23, 1991 i I 1 { jj~ 1 I. I . I pqy, i ITEM DESCRIPTION i VENDOR i VENDOR i VENDOR t'l 116+ DIESEL RIDING MOUtEA 1 139,322.00 1 $%490.00 1 438,326.00 I i , F K 1 OPTIONS I OPTIONS (ADD/DEDUCT): I I I I ' I I ► 1 I + 1Y4f I i'635.00 IDeluxe compressor controlled i I I I air ride state ........................rrrr- wrw... r. i! .f 1Turbo charged 100 hp diesel I ( I TOM OR.: r + engine 1 1 '$4.0 0d -r........rY• rY.r...r.Y~ ~`W! 1 "y ~ I - _ 11 YR ALL PARTS 124 HOS OR 1500 I 12 M09 1 ikx } 6 I I f 1 Warranty (Months or Houra)s I LABOR HOURS I {r...or....r.....rr~.r..rr.rrr.r.r..rr.u.orr.r ~ ~Y h•M Deliverys I 14-21 DAYS I 10-21 DAYS I 30 DAYS I + ' a wl 1 rrr-r .r~r.i; 3 .rrrrr.+r►rrrrr ' .rrrw..wwrr.u.r....r.r-.rrrr.;.. r.r ..rr..wr { ; • BRAKES-DISC 196WAIO PRICE. I r I OPTIONS N~` I :H180T r F Yj = I ' 16.5' CUT I I (~4TIAESd~41H6~L9 I ~ REAR 1 FRONT I ( I EXCE4lIOk9 ~ ~ i r..r...rr.r.....-rr..r.► ...............l---. r---rr.;..r-rr.L-r.-r.r;r.rrLr.r-.irrrr; A' i S , ~r =r I f , „ i•.~ +Jfi eriiYu.,}?s llai5. 1 Y r. a 1 1{ CITY of DENTON /215 E. McKinney / Denton, ~exea 7824E I\ 4EA0RA1 DG?I i T0: Tom Shaw, Purchasing Agentd r„ PROM: Bob Tickner. Superintendent of Parks DATE: April 2, 1991 , SUBJECT: Recommendation on }lower Bid 41'34 We have reviewed the bids receised on ?Sower Bid 01234 and wish to recommend the low bid meeting specifications of Weff Industries. Irving, Texas, for a" }toward fl ice 180T, 16,5 toot diesel riding mower with optional seat at $38,961. ' The neat two bids received were from: 1 ~ : Jacobsen Turf $394522 Fir d. Coldthwaite's of Tuns, Toro SJ9.4d0 We currently are operating two of the Howard Price 180 mowers. This new unit 1 replaces the 1982 model. These mowers hate provided us ter} efficient and. effective service In our park maintenance operation, r . 11 Please advise If more information is necessary. f.~ y)~f, JIU Robert K. Tickner t,1tr t PARES23i r ' v 4 :qJ I„ F C 1 y Ii t r~ ` . ,u Yv. a..... n... tq rv:+ vH AM1~•I.c3G wP; x,+..n. qy~ A h I E DATE: April 16, 1991 4ITy_~.QJZg~I4_HEP4HT TOs Mayor and Members of the City Council FROM$ Lloyd V. Harrell, City Manager SUBJECT: BID 11239 - AIR SNITCHES EH~QMME![DATIQfl+ We recommend this bid be awarded to the r lowest bidder meeting specification, Temple Inc. In the r ` L t'. total award amount of $19,729.00. } ARMNARXi This bid is for the purchase of (6) vertical pole top air switches, (2) horizontal conversion kits and (3) crossarm air switches. The optional motorized switch, tab r+ 3' sheet item 2A, will not be purchased at this time. These units are replacement of warebouse inventory stook and are to be utilized by the Electric Distribution Division in maintenanoe and new construction of overhead electric lines. [l E u~ The lower prices offered by Cummins and Wesoo fall to meet t `$rf ' specification as outlined in the memo by Don MoLaughlin Electric Engineer dated 4-9-91. ,P UM 1.011121 Tabulation sheet, Memorandum from Don McLaughlin dated 4-9-91. t PflQIIEAM~a_pBPdETlISHT_4~4E43iPrS_~PEESeTSB~ Warehouse inventory, and Electric Distribution. i FI,g~,j_jjiPe~s 1990-91 budget funds for working capital inventory purchases acot 1 710-043-0582-8708. ti Respectfully submitteds - - Lloyd V. Harrell City Manager ; Approvedi ,,q Names Toa D,rShax, C.Y.H. ,r' Titles Purchasing Agent V TSIjh r F 146.DOC y 'r u BID / 1239 I I { I J J BID NAME Air Switches ! CUMMINS I TEMPLE J J NESCO I k OPEN DATE March 28, 1991 I I J f ITEMIQTYJ ITEM DESCAIPTIO~ N~-J VENDOR -f I f VENDOR I VENDOR I I I 1 J 6 JVERTICLE POLE TOP AIR J ~ ! ( SNITCHES { I (options ( $1,624.00 f '2,224,Lti0 I 41,97500 f 1A J 2 ICONYERSION KITS--MAKING I I J AIR SNITCH HORIZONTAL 1 RIB '550.00 f N/8 ~ { 1 SNITCHES I r__r____ir'-- 2 f 3 ICROSSAAM AIR I -.....r.....a.----w--------- ' k f r,. •a I 1 f (Options I $10629.00 f $2,095.00 +F~. J 11/B I Jr__ar_rrrrrur_r_rr_ra_____rr_r..r_r.rrrr___rLr'.r 2A 13 (MOTORIZED OPERATION I f ( CROSSARM AIR SNITCHES I NIB f y ' I (per specs) J._ I 46,2bt.00 f NIB 1 J I ~ ~If I DelivMe PsGYs II 65 DAYS Jf 42.56 DAYS _._.-._r .rfI f f .ar6.r-r8 .iWEEKS -..f J s I " KEARNEY J SAIDOES I AB8 At" . Y 1 Q IMF.. y riP r Jyv1 M rat, J• ~ I S f', 1: y 1 ~M 8 I i v' c ar 1 t i 1 i 1 D CITYof DENTON MUNICIPAL (UTILITIES / 9ot•ATexas Street I Denton, TX 76201 M E M O R A N D U M i Tar Denise Harpool, Senior Buyer FROMs Donald L. McLaughlin, Electric Engineer Administrator r DK Es April 9, 1991 y SUBJs BID BVALUATICK 1239 - AIR SWITCCM98 i" of Please award the bid to Temple. ~.r • 2. (6) Vertical pole top air switches $2224/sa. $13,344/tota1 II. (2) Horizontal conversion kits 150/ea. $100/total ! Ill. (3) Crossarm air switches $2095/ea. Grand Total $19#729 Temple was the only distributor to bid all three items. Four distributors no bid the entire bid. Two distributors bid on the pole top switch only. Electric Engineering feel the bid should be awarded to Temple for the following reasonst 0, 1. Lack of exposed linkage on Bridges Switches. 11, No linkage adjustments are required by the Bridges Switches in the field. iii. Ability to use the switch either in the vertical or horizontal position with the purchase of a $SO conversion kit. IV. Future motorization options avai}able in the Bridges t Switches. DLMoth 04081210 ; coo Ernie Tullos, Director of Electric Utilities Ralph Klinks, Superintendent of Electric Distribution + l , ♦ A ■ Mal DATEt April 16, 1991 i ~ITY_QQIi~l4IL_flEPQflT j T0i Mayor and Members of the City Counoil FROMi Lloyd V. Harrell, City Manager SUBJECTi BID1 1240 DISTRIBUTION TRANSFORMERS SflQQi4M&2ipATIQH~ We reoommend this bid be awarded to the lowest bidder for eeoh item as follows$ ITStl 122Y DARA Ird".2fl ESIQS TOTAL / Y. j: 1. 4 500 KVA PH PRIESTER =6119 04,476,00 2. 1 300 KVA PH WES00 1461) 4,6.1000Prt, ey 3, 5 150 KVA PH WESCO $3600 X181000.00 , 4. 20 50 KVA OR PRIESTER $ 573 X11,460,00, a~ r 5. 20 25 KVA OR PRIESTER $ 374 I-ZAfl" TOTAL AWARD 86302600 AUNJUBYi This bid is to replaos normal inventory stook ' requirements for various site of sleotribal distribution a° transformers. The transformers will be utilized by the ' Eleotrio Distribution Division for maintenance and nex,• construction. a1>1QflMMe Tabulation sheet. PEQIISAllS~___pSPABTHE~IL__QE~_IIS~liP---AEEflQTEJZ~ gleotrio Distribution Division. „n e, =AL_IMPAQTi 1990-91 budget funds for EUotrio Sys ~m Plant and Equipment-Line transformers eooount huebsr 1612.080-AB90.9222. j Respectfully submittedi i~, Lloyd V. Harrell i City Manager Approvedi r" 1 A Names Tom D. Shaw, C.P.N. Titiei purchasing Agent TS/jh . ~x'~ r 14A.DOC yM1 id , ti, - - - _ IMF- BM i 1240 I 1 1 I f BID WE DistriDutton TMMfbmm 1 P8IFSM I 41E900 I VAN TRW I TDpLW I I I OPEN DATE Wroh 280 1491 I I I I I I rm lgry I rm EATON I vmw I vow I YMM I v"m I I 1 1 4 1500 KYA P.M. TRANg'OM 1 $6,119.00 1 $6,310.00 1 $7,566.00 1 $6,874.001 4.~ 1 I I ALT. $6593.00 = 1 1 2 1 1 1300 KYA P.M. TPAXWOM 1 469108.00 1 $4,610.00 r 45,936.00 1 45,056.00 I ; . I I r 3 15 1150 KYA P.M. TRANSOM... 1 40,765.00 1 $3,600.00 1 $4,076.00 I $38711.00 I 6 r. 4 120 150 "A o0HY0II'IWAL O.H. I I I r I r ' I I 9RAt>9"mo... 1 4673.00 1 $656.00 1 $100.00 1 $759.00 1 5 120 125 KYA OW4 MPtOX O.H. 1 r I 1 I 1. ;r I I TRAtalOm.. 1 $374.00 1 $436.00 I #713.00 r 4648.oo 1 I i oxR Po1~1 r I I Ham I. > k+ I I MAHIPACAMi I MSM I AM I YAN TARN I A I f 1 I I 110-12 WO N-3 1 13 49 01-3 1 ' I I DFLIYEtlrl I I 18-101AiG4 go 1 10 WZ 1416 I I 1ATTICA® tw Law (YA)t I YE8 1 YES 1...ya..~ YE9 j M0-121aL9 t1a3 1 •5-71icS N I I I f i 1 13-1%0 JV I 8-10MM NA I 1 I 8-104K9 OW I 10-12VAG'4 02 1 1 I r 4 I I 6-10 W #3 1 l416 I 1 I n. •P, r f a 4 k PAGE 2 of 2 i em r 1240 BM NAME Dlntrlbution TnwAfcrwers IC,tt~m &pay I CDOM CO. ICENiTAL MWOI MPLE I P( RaE CPEN DATE Much 28, 1991 1 J'1 1 (A) (e) I f I I i. ITEM IcaI ITFM DESCRIPTION I vamOR I VDWR I VEWOR I vwm 1 VENDOR _I_I I I I I L_ , 1 4 1500 KYA P.M. TRANgOm... I $6,869.oo I NB I NB I !6996 / 17895 I 16,820.00 2 1 1 1300 KVA P.M. TRA1S1... 1 15,559.00 1 NB I NB 116960 /16458 ( 15,544.00 ti a 3 1 5 11'50 KVA P.M. TM?aFO t... 1 13,806.00 1 NB 1 NB 1 $4387 /1566$ 1 13,795.00 r r I I 1 - ° I- 4 Ito 150 KVA OCNUMONAL G.N. I I 1 I I I I TRANsum... I !778.00 1 $749.00 1 $748.00 1 $791 / 1838 1 5756.00 , 5 120 125 KYA CtN1'FNPICM O.N. I I I -------1- ! .0o I I T?ANMMU... I 1536.001 1618.00 1 W-00 1 4561 / 4538 1 00. 1 I I POW 01-3 I I I I PAUia f,•3 , 1 HANtFACT,IRER~ I iltRlm f4S8 ! UlQT7T~ l4E6 I MOLCNFY 10.E. ANM~')Et7c I t0H}Ilw +1b ' , I t f 1-3. ,4-,6~ss 1 1 ~x,221iv,2.,4ec1 ,5 wxs oa.IVercr, 1 8-1W 1 56-70 DAYS 1 70 DAYS I„-iw4"~1[cs I 14 416 1 : - Y, I ICU= LOAD LOS= WN)i I YM I YES I YES 1 29 / Y59 ! Y69 , I lip' s r iyr?"T~ I lr 3 P, ;s r 'Nr 7y-t , I Vaal a j4 4 2651L-3/3689 N0. AN ORDINANCE ACCEPTING COMPETITIVE SIDS AND PROVIDING FOR THE ; WORKS OR F OF FUNS THEREFOR; IANDOVPROVIDING RFOR VIDINGAN AWARD OF CONTRACTS OR THE EXPENDITURE F EFFECTIVE DATE. and WHEREAS, the City has solicited, receive ublic worksator competitive bids for the construction of p ? 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 bide are the lowest responsible bids for the construction of the public works I or improvements described in the bid invitation, bid proposals THEREFORE, and plans and specifications therefore; NOW9 , THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: yr SECTION I. That the following competitive bids for the y' co vitationa " DidwProposals"porv andssdescribed in "Bid id I n file in the Office of the City's Purchasing Agent filed accordingg the bid number assigned hereto, are hereby accepted and ' CO '.t approved as being the lowest responsible bids: CONTRACTOR AMOUNT , ' BID NUMBER ~~33 DAILES C4D8lxIICTI0l1 CO. - jAII A? 1 9 CIRCLE C C018'1ILUCTIW }'r - r SECTION ii. That the acceptance and approval of the above compet ve s shall not constitute a contract between the City and the person submitting the bid for construction o of such public ; works or improvements herein accepted and app person shall comply with all requirements specified in the Notice y h r n' a` S } ; 1 ~ -,kpt, t E } to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. ~ , ; III a SECTION IV. That upon acceptance and approval of the above comps t"E~ve'Bids and the execution of contracts for the public the City Council , works and improvements as authorized herein, the manner and in hereby authorizes the expenditure of funds in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. a SECTION V, That this ordinance shall become effective I~ immediately upon its passage and approval. PASSED AND APPROVED this the day of J BOB CASTLEBBRRY► MAYOR 4 , ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY II f FBY: PACE 2 .fit. it ass 1 * y I I1 DATEi April 16, 1991 f 41TY_&4lili~IL_BEP4flT TOt Mayor and Members of the City Council F _ FROMi Lloyd V. Harrell, City Manager SUBJECTS HID #1223 - PECAN CREEK SANITARY SEWER i;j H&~4)itlfl~!>?1T3421~ Council approve award of bid to the low bidder meeting specifications, Dailey Construotion Co., in ' the amount of $1120678.49. ` B NIJAflYi Bide were opened March 7, 1991 for Pecan Creek " Sanitary Sewer. Most of the top of this line which was 44 r constructed of AC (asbestos cement) pipe has deteriorated 3 ' and improvements were deemed necessary. This project will redirect the flow of the existing line to the southern Paean Creek 240 outfall. RAfLAU AP s Tabulation sheet, PUB Agenda Item and Minutes,` y P84flBAM,__~BPAETZ9JEliY..__QB__~BIlI;E,~.._dL'PE~TSIZI Municipal Utilities, Citizens of Denton, Y "i E1221L..INZA21i This project was budgeted in the PY90 CIP ~r funds., Respectfully submittedt N. YY~_____.YY_~~_ . t r Lloyd Y. Harrell City Manager Prepared bye f Y F Names Meie HardenHarden Titles Buyer r Approvsdi i Hamel Tom is Shaw, C.P,M, A Titles Purchasing Agent a.., T MH/~h 145.DOC Y 1. .4 ' ALL, "Al 1 N I I I BID i 1223 I f f i f I I BID BOND TOTAL BID NAME PECAN CREEK SANITARY f SEWER I 3-1-91 f 1 OPEN I f ____I YENDOA ( --I a I----- i YES I ~F 160,208.00 i i RHODE CONSTRUCTION i = DAILEY CONSTRUCTION INC. l It 129 678.49 YES I a YES ' PATE BR09, CONST. INC. l 1170,922.05 1199,777.00 ALLCO INC- ; YES i , YES I'M CIRCLE C CONSTRUCTION ; 11209594.00 I 11166.00 I YSS LINDER STAHL CON9TRUCTIONI 117 f I r YES CALVERT CONSTRUCTION 1124054.00 1164,412-00 l YES CBs MECHANICAL INC. :s f 1179,064.50 l YES ,e x STEED INC. f nf~ I 1188,127.00 i YES JAOOE PUBLIC 1 YES f DICKERSON CONSTRUCTION i 11281662.25 YES E.L. DALTON CONSTRUCTION 1159,089.20 i+ f 1169,538-00 l YES MINS BROS f I f 1 ; v, E 3.7-91 ' tru r ' i r f r 1 ~~~r F11 r~"1 n~ Xr „--r-- - n i I April 16, 1991 CITY COUNCIL AGENDA ITEM TOt MAYOR AND MEMBERS OF THE CITY COUNCIL I FROMs Lloyd V. Harrell, City Manager SUBJECTS CONSIDER BID OPENING NO. 1223 FOR PECAN CREEK SANITARY SEWER OUTFALL. RECOMMENDATION The Public Utilities Board, at their meeting of March 27, r 1991, recommended to the City Council Award of the contract in the amount of ;112,678.49. # Tyre. SUMMARY Bids were opened on March 7, 1991, Dailey Construction , Company, Inc. of San Antonio, Texas is the lowest qualified bid amount is a bid amount of ;112,678.49. The bidder with - approximately $133,000 under the original budget. l.~ BACKGROUND These improvements were deemed necessary to remove i F; deteriorated asbestos concrete pipe from the system, The i. : existing sanitary sewer is a major source of inflow and ~n infiltration. s I During design phase the scope of work was reduced from paralleling the existing line to redirecting the flow of the existing line to the southern Pecan Creek 24" out fnlliThe topography rendered the depth and grade of the proposed parallel line too shallow and too flat to accommodate an increased service area, The Pecan Creek Outfall will be included in a later CIP to be paralleled. L' ' I i i i. ; .a.:rti~~.►rwt~3.'~_+,-..., srr:f',~tauX+FY , a M r1r V .1' CITY COUNCIL € AGENDA ITEM PAGE 2 s AGENCIES AFFECTED Citizens of Denton, Denton Municipal Utilities and Dailey ` Construction Co., Inc. € FISCAL IMPACT yr. $246 000 has been budgeted in the FY90 CIP for construction of these improvements. See Exhibit It "Fund Analysis" for further information. l Reap I f 1 y 6 1 ted, ~ r , ~ to L1 Y V e It C ty Manager 1a ' ; r t i Pre red by x{ Lee A eon, Directo, Ffater Department/En ng Appr ved by .E. elson, Executive D rector Department of T.Vr Community services y r, Exhibit I Fund Analysis it Project Location Map ! III Bid Summary r; a ? IV Letter of Recommendation " r V Minutes pUB'Meeting of 3/27/91 , VI Ordinance/Purchasing PUB327PC.016 pgs 465 Y, ty, W ~r dal!'. 1 "Iwl i r. ` March 27, 1991 PECAN CREEK SANITARY ' SEWER OUTFALL 1990 CIP NO.s 90-0471-09 FUND ANALYSIS M1t`. WW _ STATUS $ (x1000) FUND SOURCE (1990 CIP DETAIL) A t Bond Reply 24° Sewer w/ 36" $246.0 E Revenue Repl. 2411 Sewer w/ 36" 99.0 sub-total 5. TRANSFER i Revenue Cooper Creek 9910 i Stuart to Sherman TOTAL FUNDS 0 EXPENDITURES Engineering (Est) ;49.0 r, Design/8id (Est) $1840 Design/Const. Est) 3.0 ;x Survey Eat) 8.0 Inspection (Est) 20.0 Construction (Coot) 114 j' TOTAL EXPENDITURES AMOUNT OVER/(TINDER) BUDGET ($18343) 3) j JTAFF ENGINEERING HOURS HOURS ,+a Engineer i EXHIBITL. N x . a. ,r ' , r Y,.. Mafp.!W t CRCyr ' •'T'IrORE ~ .~•TIY ell y 'P LE I ice--': 0A 4 q , GAATREE 6 , ` . L GNniT P V, L r.ryTEOAR+ ,r[taS Sum AK 4 O MACK PTE- XAS s ii o i a WITHERS ' uAr r ~q s 6, br IN ISL Y i~ r-#t4AIS Y g' PAISLEY 1~y1I ~ J W J1 v n ~ J j ' 1 ~ ~ i. R S ~ r.. R ' M ru u lr D JLAMD ; DAMS LE Llot r ~1 REwr~ 4 g c owls Sip" ' ad Cr, OAK r r ^ r f. M. 426 b I ae 4 1 oAK d 4 j ~ ~ r A C WLT i I , T' q If R r P \ t~ ~A L tr t~~ • ~ i ~ ~ ~I corrrwE ul L g~ r 7 MORSE MILL 1 , + ' . A w DOHA OADDKAL4 * o ~f PROJECT wtN LOCATIONS SY a ALEGRE I 3 A Y A S R. \ \~~A^ k 190, M ~ AAn... r A wr~ a~ i i l BID OPENING #1223 MARCH 7, 1991 BID SUMMARY PECAN CREEK SANITARY SEWER OUTFALL PECAN CK ITEM CONTRACTOR/ SAN. SEW. NO. OFFICE OUTFALL DAYS BOND t ' 1 DAILEY CONSTRUCTION 6112,678.49 30 yes SAN ANTONIO, TX. 1 I 2 CIRCLE C CONST. ;120,594.00 30 yes EVERMAN, TX. ` n 4r 3 CALVERT CONST. $124,154.00 30 yes ;x DENTON, TX. 4 DICKERSON CONST. $129,662.27 30 yes CELINA, TX. Y.,. 5 E.L. DALTON & CO, INC ;154,089.20 30 yea DALLAS, TX. 6 RHODE CONST. CO. $1600708.00 30 yea DALLAS, TX. b 7 CBS MECHANICAL, INC $164,912.00 30 yes DENTON, TX. 8 ATKINS BROS EQUIP CO 61680538.00 30 yes GRAND PRAIRIE, TX { 9 PATE BROS CONST CO 6170,922.05 30 yes r. BEDFORD, TX. ? I 10 LINDER-STAHL CONST CO 6171,166.00 30 yes FORT WORTH, TX. EXHIBIT." T ~ ...sir -.-.~r.,wr~.. _._.rir~NM1.f a.r Fait I., oil, Y 1 CAI. i ^ PECAN CK ITEM CONTRACTOR/ SAN. SEW. OUTFALL DAYS BOND NO. OFFICE ` $179,064.50 30 yes 11 STEED, INC. THr TX. FORT WOR r r 12 JAGOE-PUBLIC CO. ;188,127.00 30 yea >i {`r TX. I NTON DE r < I 1 13 ALLCOr INC. $199,777.00 30 yes .I BEAUMONT, TX. CITY ENGINEERING $211,714.74 30 Ityl 'i 1 l x 1 :'^vM1 f J (i f r r a t1 a 1". ,i ✓r' { i .,',6 , ht It 1~ li ~ f{ pJ } 1 I Y. ~ / y- crx ~/~sir CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEAS 76201 i TELEPHONE (911 566.9200 € MEMORANDUM DATE: March 19, 1991 TO: Renee Baker, Engineering Associate I ! FROM: David Salmon P.E., Civil Engineer I SUBJECT: Recommendation for Pecan Creek Sewer Bid 1 The Engineering Division recommends acceptance of the Pecan Creek Sewer bid given by the low bidder, Dailey Construction Company Incorporated. We had a concern over the quality of the contractor because the low bid was so much lower than our estimate. This contractor has done utility line work for the City of San Antonio on several occasions and the city of San Antonio was satisfied with their work. They also said that the people at Dailey were easy to get along with. Most of their i other references were for structural work and were satisfactory, j Taking a look at specific items, this contractor seemed low on the price of 15' PVC sanitary sewer. Our estimate of $50400 per foot came from you as we did not have any recent bids on large diameter sanitary sewer. The high bid for this item was $51.00 per foot and the low bid was $20.25 per foot. As Dailey's bid of $30.48 falls well within this range and considering the number of bidders, we would think this is a reasonable price. This item may have come in lower than expected as most of the installation is outside of paved areas and will not require 1 asphalt saw cutting, removal, or 1 sack cement backfill. in summary, the low bidder appears to be competent and their prices are obviously favorable. Dav Salmon 0968E :.1 } t I Y4'r EXCERPT MINUTES OF PUBLIC UTILITIES BOARD AGENDA I March 27, 1991 14. CONSIDER BID OPENING NO. 1223 FOR PECAN CREEK SANITARY ` SEWER OUTFALL Allison introduced this item stating that the Pecan rFr Creek sewer line was constructed of AC pipe (asbestos cement. Most of the tot, of this line has deteriorated and it is necessary to replace it; during their review of the problem, the staff was able to , eliminate a substantial area of the pipe for replacement by paralleling the existing line to i redirecting the flow of the existing line to the I` southern Pecan Creek 24" outfall, resulting in a savings of $133,000. Staff recommends the award of the contract for the remainder of this work to Dailey r Construction Co., Inc., of San Antonio, Tx, as the lowest qualified bidder with a bid amount of 1 j $112,678.49. Laney made a motion to recommend to the City Council I approval of subject bid. Second by Chew. All ayesno nays, motion carried, u r v: r I la. b 'eu x2. ~1'..." t{n.:,ft~n%•. lgf.:Y' S DATES Apsiil 161 1991 ~1TY_44~FH~IIt_gEP4flT TOs Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager ` SUBJECT: BID #1229 -CIP UTILITY WATERLINES EIMINFAI 11211s We recommend this bid be awarded to the lowest bidder Circle C Construction in the amount of $199,872.50. bYi4~S6gYs This is for the replacement of water lines on six different streets located in three project areas (see { Exhibit attached) a total of 6405 feet of 6" water line Will be replaced along with reconstruction of service lines, fire hydrant service, valves and related items. These lines were i selected based on a history of high repair requirements. t Included in the total bid price of $241,472.50 Was $41,600.00 for asphalt patch over the ditohline. In an r agreement with Circle C this item has been deleted from the bid. The New contract amount is $199,872.50. The, Public Yorke Department will utilize this $410600 deduct and apPlY it to the cost of resurfacing the entire street resulting in an overall improved finished product. i, PUS recommends approval. ~j~jQgQj~$Qs Tabulation sheet, Project Location Map. PflsSiBbtlS~.pP~~!lEHT_DH_4B41iP8_eEF84IF~~ Citizens of Denton, Utility Department, Public Works Department and Circle C Construction. UALbii.jbpSScTs Funds for this sreplaoers replacement. in the 1990-91 CIP programs for waterline Raspeot y submitteds Lloyd Y. Harrell ~ City Manager APproveds ,X D. snaw. C.P.H. Names Tom Titles Purchasing Agent TS/jh t! 149.DOC t Irk 1 , 40 flaw:.. 1 1 ~ 1229 I ; 1 BID i 1 ! I 1 E BM NAME CIP LrMXrlE5 MAIMME i JA= I DICt¢319Q1 i Nlf4lAY i sm ` ADCs 4 OPEN D= 3-7-31 ! ~ I E 1 I 1 1 1 --1 ~ # 1 Gn I rrM t TCN I vF2 m 1 mm I VF7M I VEMM E YEMU _I -1--1_ I 1 - TOfA1. I $272,498.00 I I 33e1v314.50 1 X337,649.50 1 $291,114.90 1 $320,675.00 E 1 l I ! 1 I I 2 I I BID BM I YES I YES ! YES 1 YES I YES 1 I ~ j I I ! l 1 I E ' , - BID, 1229 I I I I C1p l11'an=11UMME I &L. DAL' M ~ CSfiQB C 113 t-.'iAFL IM l4~lAlIIJCAL` 1 E BID WE 1 I CM'RA' = OON31lb1L' CN I im. i 1 I I I I ~ r E I I 1 r" CM DAZE 3-7-91 ; 1 I I 1 I 1 550.00 { M^+.W 1 ~ I 2,Y4 1( I Tdl'AL 1 $311,264.20 1 32419474.50 I 3388, I f E 1 2 1 1 BM WO 1 I I j I 1 L 1 1 I I 1 1~ 1'' { i 1 . r j I April 16, 1991 CITY COUNCIL AGENDA ITEM T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER BID OPENING NO. 1229 FOR FY 1990 CIP REPLACE MISCELLANEOUS WATER LINES. RECOMMENDATION i The Public Utilities Board, at their meeting of March 27, 1991, recommended to the city Council award of the contract a: iv the amount of ;199,872.50. i SUMMARY Bids were opened on March 7, 1991. Circle C Construction of Ft. Worth, Texas was the lowest qualified bidder with a'bid kl amount of $241,472.50. The bid was approximately $36,000 under the original budget. y ; ' The Public Works Department has elected to utilize the asphalt patch amount of the bid (520 tons @ $80.00 ton ■ $41,600.00) to resurface the attests entirely in lx6u of having the contractor patch the waterline ditch. This will result in an overall improved finish product. Circle C has agreed to delete this portion from the bid resulting in a contract amount of $199,872.50. BACKGROUND €t Several water lines are included in the FY 1990 CIP package } r for replacement. Please refer to exhibit I for a summary of selected line work. The water lines are old and deteriorated cast iron pipes with excessive leaks. The ; lines were selected utilizing existing work order tickets. These water lines ranked highest in number of leak repairs per length of pipe. The replacement cost has been determined to be less than the cost to continue repairing .M the lines. I r t r 3 ~ 71 CITY COUNCIL AGENDA ITEM PAGE 2 x ` 1 I ` AGENCIES AFFECTED Citizens of Denton, Denton Municipal Utilities, Public Works and Circle C Construction. I FISCAL IMPACT $279,000 has een udeted In replacement. see t Exhibit III# "Fund construction of wate Analysis" 1 for further information. i Respec lly submitted, 1 ' r Lloy V. ar 11, City Manager , Prepared bys . l i. vyr r ~ lk Lee Allison, Dir Water Utilities eering .v. . Approved byi r 4.E. lson, Executive Director Department of Utilities } Exhibit I Replacement Line Work Identification II Fund Analysis III Project Location Map r IV Bid Summary ! V Letter of Recommendation VI Minutes PUB Meeting of 3/27/91 VII ordinance, Purchasing Department dtr i^; i PUB0327.016 ~i PG. 6 a 7 i I Al BID OPENING #1229 MARCH 7, 1991 BID SUMMARY 1990 CIP WATERLINE REPLACEMENT r. 1990 CIP ITEM CONTRACTOR/ REPLACE DAYS BOND NO. OFFICE WL + 1 CIRCLE C CONST. ;241,474.50 45 yes FT WORTH, TX. 2 JAGOE-PUBLIC CO. ;272,498.00 45 yes DENTON, TX. 3 STEED, INC. ;291,114.00 45 yes FT WORTH, TX. t1 4 E.L. DALTON 6 CO, INC ;311,284.20 45 yes t' DALLAS, TX. ,.j g ATICINS BR09 EQUIP CO ;320,675.00 45, yes F., GRAND PRAIRIEr TX. f;. { 6 MURRAY CONST. CO $3370649.50 45 yes 1 LEWISVILLE, TX- 7 CBS MECHANICAL, INC $370,223.00 45 yes DENTON, TX. _ a j g DICKERSON CONST. CO. $381,314.50 45 yes I CELINA, TX ' r g LINDER-STAHL CONST CO ;388,550.00 45 yes 1 FT WORTH, TX. t 10 CITY ENGINEERING $1948311.12 45 EXHIBIT.. r 614 n ~ J } A r March 27, 1991 FISCAL YEAR 1990 CIP REPLACE MISCELLANEOUS WATER LINES 1990 CIP NO.: 90-0461-07 1991 CIP NO.s 90-0461-XX FUND ANALYSIS j. WATER (BOND) STATUS (x1000) ' - FUND SOIT.CE (1991 CIP DETAIL) 1990 Repl. Misc. WL $10.0 1991 Repl. Misc. WL 279.0 TOTAL FUNDS $289.0 EXPENDITURES 's Engineering (Est) $47.5 Design/Sid (Est) $12.0 Design/Const. (Est) 3.0 Survey (Est) 8.0 Inspection (Est) 24.5 199.9 x:. • construction (Copt) Street Overlay (Est) 41.6 4 TOTAL EXPENDITURES k z. AMOUNT OVER/(UNDER) BUDGET ( 0.0) HOURS. STAFF ENGINEERING HOURS 48 ^ . ~ ' ~ Engineer tT 7, r[. ll EXHIBI n t; ; ZVI WA, 7 f'-----..,.yar_--~'"""~_ \ ` e wor.••f •'..a.rroN c mIN rY , + rIMpV co Y°y 4[C , 'r 1 f~°YMNY°r. I•Y rxl A " o1.orYw1• -°a r I r ogs? J c % r y ux1. ~FIT.=prr r r . r i,e•• y 1Y .q0 Mf ~ ! / rIV/W r4f M ~ '.M1. V ~ .w[o/ p. p.Y r.[.m • " • ~ ~ ~'wrrr".~ ew°°•••~el`"r 1 1~, Vriwpl0" WrVMp]( lr C•Ir w• r 0 r V Y Mrs-V °w!""'r'r - S /IVlrp. w~' _ rNY1MY r OII . I , ' • IMII ons i J ~frrsp• .'EU r cOrOY.i " • • r ~r ` 1• ttt rrY/xR~'apf : ilMr•p1 °•r"j, • I•'~ ° " ♦ r i Y `S w4pf•.• Wr 1r F" Ou.Mw f. r.M r.eost 1 ~ M ~ M.er N'.t INI LIM-. G b/w" p°°I rp4 V 4 1 wnrrue y " ruY er Q • u. i + r•°0 Y t•~ c wrM/M.r 0 r• ° °y" i e e jdp° Q t/ lr ;w Vf" r•` rt'V. , '4't N } it WrfiM" ; •10/MY/. Ywnr • n 1 If r iii ii°r'uc~ t t IM ,wwfrrn ° ont r r r i i q[m' • • rwY r rftw l\'._ fm rw.YY r.w wr rY•~`r' { .~1 no p' 1 „ Ir [r r • , ' ~ , ^rwN , ~ r M•w Ir Hi•Ox } Y•wY/fl pMN IIM• i P M , • r • r,r R/ ! W . ~ .l r~ r r h pr/ j i Y r r ~ i I! f r Ir bM .ll/M n d li 1 } wVNM N w ..Y ......,r .xraw 6 l r •Yxf • s wl~ i w..r' dold ~ w',~~ ~ r IYOIf H'r~~s• • j ~ rpYYw PROJECT LOCATIONS ~ r { ` / • { ' r K /c• a r''"YOii'08 c i . J . I. nfwr, ~ •I . wxa r+ + l ' I' ~ y }f}1''_ ' r ! 1 !bl IMU ^y~ { t alr /nx . a • ~ I M Wild No' f r , 1Y rru WpY„ ws /.7 1 f N., aT Yn 1I ii . S r S .r I 1 • •R +r • . ,rwf°f+It t'1w a • \ ....r ' r x go" % a • G. BlIT1,11 , I4 1 _ •iNrF x• ~r~ w Iou1 M1 II r'3y. RNr/ L. ° r• ~ = era/ j~' r \ Yip/~` r t # i ,.,..x 71 i i Excerpt PUB Minutes of 3/27/91 y 1' 15. CONSIDER BID OPENING NO. 1229 FOR FY 1990 CIP REPLACE MISCELLANEOUS WATER LINES. x different Staff explained that Bid 41229 represents si. streets and is work remaining from lest year's capital ' improvement plan. These lines ranked highest in number y of leak repairs per length of pipe. The low bidder to Circle c construction of Ft. Worth, Texas, for the 3 amount of ;241,472.50. a Ridens made a motion to recommend to the City Council approval of subject bid. Second by Frady. All ayes, no ` fs nays, motion carried. OIL I 4 /1 .9 ~ t I iA 1 S 1:' M 41 F I• ~ 4 I V• ° E1, w" I • 4 t`~,4~ ,r i ; .v GINC►.xK+011YA1 r 1 i. , r..:,..:, wr.... w., ♦ na,f.daf ti'.)~Lra?Ckl4l.'1i#!' rR+N#e#' C w r.aa:;.a:n R f 2516L-7/1589 NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY J PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH i " PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR € AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requirin 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, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case F. of unforeseen damage to public property, machinery or equipment;, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines the, 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 health of the citizens of the city, or to provide for unforseen damage to 1 public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment t~ supplies or services, as described in the "Purchase Orders' attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 12676 a~cTnw ELE.MIC airsnrns 141, 7AA on r ~ SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase they' materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. f t i 1 IOU, ' f SECTION III. That this ordinance shall become effective ! imme ate y upon its passage and approval- PASSED AND APPROVED this the day of 1991 k . s BOB CASTLEBERRY& MAYOR f " ATTEST, a l y JI ~fi JENNIFER WAETERS3 CITY SECRETARY 4 4 a APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: k s r ara Y//r r5. , 1,; PAGE TWO w~ 1 DATE: April 160 1991 j 1 S~ITY_~Q]~bL~L_$EPQST ~ • , " ` T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager + ,,^y SUBJECT: PURCHASE ORDER #12676 - EASTERN ELECTRIC Y BUGH$,tiQa1.j: We recommend the emergency purchase order * F. number #12676 in the amount of $93,740.00 Eastern Electric be approved. SUMMARY: Purchase order #12676 was issued to Easters Electric for the emergency repair to the Hickory Street„ Substation Power Transformer #1. After it was 'determined this transformer was in need of repairs, telephone quotas Vero solicited and they are as follower Lr 1. Magneteo Ohio $103,300.00 plus $81800.00 transportation. 2. Southwest Electric $940085.00 plum $3,000.00 transportation. 3. Wesco/Southern Electric $89,500.00 plus 480000.00 transportation, a 4. Eastern Electric $93,740.00 plus $10500.00 ' transportation. The unit was installed in 1968 and has performed with no problems until this incident. i` A now transformer would coat approximately $323,000.00 f rh versus the repair cost of 493,740.00. PUB recommends approval..` fld~bIIEQS[![~: Purchase order /12676, minutes from PUB 3-27-91. T a •"fir/ \I i Jr, 4 1 1 1 I I I II CITY COUNCIL REPORT APRIL 16, 1991 PAGE 2 OF 2 I I I y, 41 A E4T80: L644BAllS Electric utility, ' ,~_~EEA8T~1~T«QS~fl41lPS_ ~'F < , I Department, Meter and Substation Division. from 1990-91 Lj,~ll~.~bYbf~Ts Funds for this repair Will oomo F budget funds for electric. system maintenance account number 610-080-0255-8332. II R:Zak Lloyd Y. Harrell f City Manager ` Approved$ e Masai Tom D. Shaw, C.PoMb Title+ Purchasing Agent 1 'r' 1 TSijh 150,D0C f r Y~ l I ~ t. I qr S~` g' II 1 1111•) IJ 6 DER I I PURCHASE ORDER ona pC 1?676 (IF MARKED) H I Invoices, dleli\ery ips,case e~ DO NOT DUPLICATE tins., boxes, pecking slips and tins. I Req No: Bid No: Date: 03 2S 91 Forge No. 01 NDOR PURCHASING DIVISION / 901.8 TEXAS STREET I DEN TON, TEXAS 76701 ME/ EJSTtFtr1 LECTRIC APPARATUS 8171383.7100 D/FWM£TRO817/2670042 FAX8 17/3 82 4 6 92 r DRESS F.C. L)CX !%15541 DELIVERY CCNTRAL RECEIVINS 522 AILAKFA9 GA+ 303343-0_544 ADDRESS ELECTRICAL SUESTATICN I 901 D TEXAS ST I DEN70114• TEXAS 76201 1 VENDOR NQ EAS00310 DELIVERYOUOTED 03 31 91 FOB DESTINATION TERMS I )1 1+000 LT ENDER CAT• i N'/ A MFG NAME 3x7400000 9~s7d0+01., CITY 0 2b5e6 ` REPAIR HICKORY,SUBSTATION TRANSFORMER NO• I FAILURE 4'• ' I 71, a. I I i I FAGE.TCTAL I S3rl4b.a,' CTAL'! 921740+a4 , i :1 610 03J 02EE 8-232 93+740.00 GRANC T I I, . t AWA INSTRUCTIONS; 3, Terms - Net 30 "s1 •MenrW smftd,1 818 Send b Original Involcv with &VIcale copy. 4. Shipping Instridkes: F.O B Dori lneFlon pprerep~aid IAN 0"mm +so•cxwdl Account Payable S. No fedara8 or alaW salhs tax shell M Inck ded 216 E.IkXW" SL In prices gilled. } PurChOSI Dh tbn i ckninn. Tx 78201 ~7F~ t1nR r t 4 , n' :t it Z5 4 IhI 1 Po8t•It•t>randtaKtll'nsmlttalmemo767ti lolp.9rrir • S/~// C. j one r Opt TI rpi from Minutes Pub c Utilities Board rch 27, 1991 19. CONSIDER APPROVAL OF THE PLRCHASE ORDER SUBMITTED TO I EASTERN ELECTRIC COMPANY I THE AMOUNT OF $93,740. Nelson directed the Boards atten ton to this emergency agenda item explaining that this t ansformer Is »t, ,I = approximately 25 years old and th re has never been any problems or failures with It. It w installed In 1968. A new transformer would cost abo t $323,000. The repair of this one would be $93,740.;. Chew made a motion to approve bject purchase order. Second by Laney. Al ayes, no n ys, motion carried. ! `4. t l , 1 i t . $ C y31 „ P 1'r F~'4 er SUF. r ~ } i I Y 5. , ar Y i It 1 ~f • TF i 111 } do- .-.«..mw.r' ' rt ,w M-..w. s R s, 2517L/1589 NO. 4 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A . CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN BYA,N PROVIDING FOR AN INCREASE IN THE CONTRA ; AND EFFECTIVE DATE. WHEREAS, on APRIL 16 1991 , the City awarded a contract for the construction ofcerta n mprovements to "TN K. CONSTRUCTION CO., INC.. in the amount of *17,177.99 ; an F WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with ; respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the City an~r , a copy of which is, Ainn"d + attached era o, n t e amoun o ND 0111 SAM o are 7,177,00 a ere y approve ar. t e expen tuts of funds re or a , hereby authorized. SECTION 11. That this ordinance shall become effective' imme ate y upon its passage and approval. PASSED AND APPROVED this the day of X1991. B08 CASTLSBERRY, MAYOR ATTEST: -SECRETARY 3ENNIFU , CITY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I 1 i 1 { i wa.mrs~ ~ t DATES April 16, 1991 1 J I 1 i LITY_44ltN~.IL_fl~P4$T j TO: Mayor and Members of the City Council i FROMi Lloyd V. Harrell, City Manager { SUBJECT: CHANGE ORDER FOR MARTIN E. EBY CO. PO# 97167 AND 97168 r SM !!ME![QaTI42is We recommend change order number four (4) to Martin R. Eby Construction contract be approved in the amount of $17,177.00. SOHAAli This change order is the result of a request from the Federal Energy Regulating Commission to add proper' battery storage facilities inside the hydro powerhouses for Lewisville and Ray Roberts projeot. The Lewisville portion kF is X9,531.00 for battery room revisions and $136.00 for concrete reinforcement total $9,667.00. The Ray Roberts . portion is $7010.00 for battery room modifications. Total revised contract is =433059189.00. P.U.B. recommends approval. ' t fld4S4SQys(Ils PUB Agenda memorandum, Letter from FERC dated'. rn%. 12-19-90, minutes from 3-27-90 P.U.B. 1 r KPfl49BA!!fl,_pEP!$IiSflNT_4E_S~BQliPS_AFFESeT54: Lewisville and Ray Roberts Hydroelectric projects. ElAtIL_INk"I s Hydro Electric Utility Bond Funds. d. ~ - I Reaps ly submitted: ACE Lloyd V. -arreH~ City Manager p Approvedi r E Names Tom D. Shav, C.P.M. Titles Purchasing Agent i TS/jh 151.DOC gYAmq 1 ~ f i i April 16, 1991 CITY COUNCIL AGENDA ITEM L T03 MAYOR AND MEMBERS OF THE CITY COUNCIL FROM, Lloyd V. Harrell, City Managor r^ , SUBJECT s ~ . , , . r CONSIDER CHANGE ORDER 44 WITH $17r177 ADDER TO MARTIN K. EBY CO., INC. (EBY) CONSTRUCTION CONTRACT FOR r LEWISVILLE AND RAY ROBERTS HYDROELECTRIC PROJECTS. p}l RECOMMENDATION }l ° The Public Utilities Board, at their meeting of March 27, 19910 recommended to the City Council approval of EBY'S propoaal for an adder of $17,177. y, SUMMARY/ BACKGROUND On May 15, 1990, Denton approved the construction ' contract with EBY in the amount of $4,271,600 for the. installation of the turbine and generator units for, " Lake Lewisville and Lake Ray Roberts hydroelectric projects.' According to the Federal Energy Regulatory Combission (FERC) licenses No. 3939 and No. 3940, the Commission " reserves the right to require changes in the projects' r works. On December 19, 1990r FERC construction kt~ inspection raised some concerns about the battery rooths inside the hydro powerhouses at both projects. f° According to FERC letter, the rooms shall be fire resistant and well ventilated directly to the outside. EBY, In this proposal, is requesting a total increase ' of $17,177 to the contract which includes the followings $136 for reinforcement within the concrete platform atop the spiral stairs; $90531 for battery room with miscellaneous revisions at Lewisville A. project, and =7,510 for battery room modifications and miscellaneous changes at Ray Roberts project. ~T, s b y I I 1 v I CITY COUNCIL AGENDA ITEM EBY CONTRACT 'C PAGE 2 AGENCIES AFFECTED Electric costs for water and sewer rate payers,, j ' Electric Utilities Department for maintenance and ; operations. ry.. , y FISCAL IMPACT The revised total contract amount shall be ;4,305,189 E• 11 which is 0.78E above the original contract amount (;4,271,600. The increase shall be added to purchase ; order numbers 97168 and 97167. 3 Respectful submitted,',. Yl- i Lloyd V. Harrel ,City Manager r , Pre red b s j Il E. B. Tullos, Director[, ' Electric Services A ov d i R.E. Nelson, Executive Director Department of Utilities r1 ~ Exhibits II EBYtsnClaimaary Cost Table III FERC Letter IV Minutes PUS Meting of 3/27/91 e V Ordinance - Purchasing Department i" PUB3270A.Kfp I pgs 3-4 t ,ir; •r V ~JTI ' i.tai.k:H9Kn-3gJ2CJuAiF~'~:C; s.c sl.:'.~'uen,Yibl6t`.I MiA'F r 1 REVISED 3/27/91 t ~ f EXIHIBIT I I SUMMARY TABLE OF EBY'S PROPOSAL I COST 0'`CONCERTS PLATFORM MODIFICATION 136.40 s +,l REINFORCING, EXPANSION AND r` F1' CLIPANCHORS t 8,265.00 RAY ROBERTS BATTERY ROOM 1. SAVINGS ON PIPES TAKEOFF (755.00)• AND EXHAUST FAN J l i LEWISVILLE BATTERY ROOM 10,25.00 1. SAVINGS ON PIPES TAKEOFF (723.00)' ' AND EXHAUST FAN I f'~ TOTAL ADDER ;170177.00 r r' l ri 9 l i e I f tk f l.l I~ l 1 Mme. f r ' C 4: :rt fr 1' -4 , t}. 4 ....e:i: ,*.A14Lu1.iLH'b\FGFII. +*w? . I 1 Vii., : qaa 46 ~IM : e ! j BLACK & V E A T C H CITY OF DENTONt TEXAS LEWISVILLE HYDROELECTRIC PROJECT PROJECT NO. L0566 REQUEST FOR MOOIFICATION P90POSAL TO HARTIN K. EBY CONST. CO., INC DATE OCTOBER 22. 1990 t a ATTNs MR. ANDY RIEDER RFMP NO. -i 1500 BROWN TRAILAUTHORIZED (clack 6 atenl 1 A' et s . ' BEDFORD, TEXAS 76022 w' v work in accordance with she contract , You ire hereby requested to submit + cost prepoaal to perform the brrIOw desai~ specifications. Backup data used to develop the below indicated peen snail be suttlnitted with this proposal. ?lase smieutt +x Oct bet 29.. 990 and return three copla of this document to Black fk Veatch by - } You are directed to immediately Identify to the Engineer and ourwe any and all of the dew1bed work which " is necessary to to pursued Immediately to wppon the Contractor's overall schedule, WORK DESCRIPTION Reinforcement within the concrete platform atop the spiral stairs, See the b' attached figure for platform width and reinforcement details. Refer to DvS. S50021 "Concrete Plan Below EL 4681-0" " for location. W8X18 beam connection to the above mentioned concrete platform. See the i•.` { attached figure for connection detail ' a + C It 4 MODIFICATION PROPOSAL c' TO BLACK VEATCH DATE MARCH MP No, } b0. RF•N1Pb2_,,. We pr*" to perform the work of desenbad In the about epueut for modifleation proposes I -n seemdatnoe with the Contract w" specifications fee the rate) fxbe of ' D a APPROVED BY s 1 4 fir r 7 ~ { DATE MASLsIl I94--== >h , 1 I , 'rq } J i a f 1 I PIMIII si IPOIKT MMt01 Lrlwllt• Mr4•wI•[11114 BTIMTI 09171 vital F" 00. J CAT01 sm"t - 1 . 181 Jtal hO,t 1021 tmcf•t.• 11•tfa0 ttA164lIm•. J I III Am •......m....m..~...esrmr........a.r...rsrm®tm...em ws. t f f l • 1 I I 11 LMOI S Igi011M11 I t0 U-1,01 I IsCO1111f4 • 1T014 I LT04 I OI■MITITY I wits n- - --t J1 10TPL • • M0. f D17t71P1iam I I 11 Not I 1041 S Lhi% I NuI l 1■Ilt I T•41 I Mit S TOW 11 ■ • f I I I I Cwt I S I;DK 1 I cwl I I Dt•t t J, • ' ' e.ratrr•.sur•.urr•.r.....s.r..awr~ uanr;.aru::u■o.•..rrwr.~:rr.rr•rwa•M•;.r•reu..rr.•.r•;wwwuu..rmrtl..rww...e.. • I •I~ I u t I 1 I 1 I f 11 t • { I Ilf inl0rcln0 t 00.00 ! LM. tl 1 0.00 1 0.20 t 20,00 1 1 0.00 t 0.11 1 12.00 It 32.00 y • t 1 1 It I I I 1 1 1 1 It • {A M.J4 { Ai • ! 1 2/4' 0.Witim kA w• t 4.00 t 1. is 6.00 1 s4Ao 1 s.01 I 02.14 I 1 0.00 1 1 . 0.00 Is f r L~ I u ~1~- I I ^I•• I- 1 t Ir■ t ■ 3 1 ctir ilwal b 4.10 1 Coo I 1• It t 0.00 I 20.00 1 10.00 1 1 0.00 1 t 000 it J0.00 vl ° "~e; • t 1 YI tt -S t I I I J--1 a +°g •....»t. w_ 1_._.._L....._n•-__-I- t 1 1- 1 a "j ; ~ • t I t u I t I i t ~~S- I 11 _ I11 • , , TOTPL 1 t 11 I J4.00 t 1 7244 11 t 0.410 ! 11.00 ~1,.-"•, it 1 10044 „l ! -I --I u I t I f ~ S S f 11 i I I n I 1 I I i f 1 11 ` 1 -I I• u I I I I~ I 1 t tt ■ At • 1 Mt s 1 0 361 ■ W" 1 24.00 1 0 11 0.30 I 0.04 1 1 0.00 1 1 0.00 f I 0.00 is 0.64 ■ t v • f I I u I t I 1 1 t I u 4') ? • I {.e■O4.014 NOVI s N• L•t0• I 14.00 I 1 it I O.oO t 40! I 2.10 r 1 0.00 t 1 0.00 It c...__i...- .....-1«....._11.._-_ .._.._._-«rl t..-..._»I _S-....-.-! 11 i I, t+. ~ j • 1 --I-- I JI -I I I 1 r i f I Ji ■ ~ '~t' f 1 • 1 ►810TPL t I II I U-64 I I n.44 1 } 0.00 l 1 11.00 Il its. Do ■ V; • i I I n I ( I t S S 1 u t ; I I n I t I S S t I H • i ~ i ■ I I 1 II ! 1 1 t 1 1 I H• b 1 1t1AS I 1 11 ! 0.00 1 0.1s 1 SIM 1 1 0.00 1 I 0.00 11 21.71 • S, ~ • I 01st 0 All k S t 1 1 1 f 1 If • f • 1 ~t---r I- It ~ : j rvairnuurr+w.r.u...uwrrwww+.rwlwwrw;.m.rltrm m;•ur•rr•r;.•rr•;wmr.+wrww~ Irw•rl++r•rwrlir.•rt•r.r•■ • t f I u S I 11 t 1 1 l e • ■ 1 MAL 0001 1 I It J 37,04 1 I 01,10 1 1 0.00 1 I 10.00 It 170.70 rr••r•awrwa.r.r•r.•••rna•wuw.u•.wNr.•r.a.ur..uew. .w•rr•mw.r...aa rr.r.r•w..w~rrru•ir•awr.■w••.~tltl.M+wr••r■•■~■u• n s.`R ~1 r '1 'Y%. e ~.l I kks y 1 0.N. a . ►s. ran' II 1 ~ r j 'I tj~,42 2611 BLACK 3 VEATCH LLB' 6r~~ 0%11SSN1~1 a~ g11~~t/r4y rv CITY OF DENTONr TEXAS LEWISVILLE HYDROELECTRIC PROJECT ~dl(161f+~ PROJECT NO. 10566 REQUEST FOR MODIFICATION PROPOSAL TO Martin K Eby enat. fo. Inc. DATE February 31. 1911 RFMP No. 1500 Brown Trail_ AUTHORIZED BY j6022 ~ •c Bedford, 11991 'foe Ito hereby re"Itiod to sobolt t test proposal to WWI twkla IntriMl earl is aceerl+neo Nth 4M I ; ~R contraal tpdfltttlens. Nclnp data used to devolsp the beloe Ildicatw price shill be suboHNd 001I this proposal, lloaso ecocide and rotors three copies It this docooost to plat! t YostcA bl [etrra(r. 11.1110. . "4. ; 1 Too Ire directed to loosdialely 16e1tlfy to the 611floer the Parsee any ahd all of t4 described +ort.whlcb is nottlsary to be puroued lowitlefy to support the Contractor's overall sthedele. IY 1'', . YORK DESCRIPTION k. i Changes to the following contract drawings denoted &S back-circles. I&V QMs No. Rev No, General oescriolion of Chanoe M1001 4 Misc. Revisions 53002 4 Misc. Revisions 53003 4 Misc. Revisions S5001 4 Misc. Revisions S5002 4 Mile. Revisions 55005' 3 Nise. Revisions 55401 3 Misc. Revisions E3001 5 Revised Battery Room iz E6001 3 Battery Room Revision r M1001 5 Battery Room Revisions { 93002 5 Battery Room Revisions 93003 5 Battery Rooe Revisions , 94001, 0 Issued for Construction (Now for Battery Rm.), 45001 S Battery Room Revisions ~ a 55004 4 Battery Room Revisions 55005 4 Battery Room Revisions MODIFICATION PROPOSAL ; I TO BLACK 6 VEATCH DATE MAQd14 Iau r MP N0. _71 G, f2 FMC 0 Of propole to perfere the lentos dtstrim is the obey ►etwsl hr owificalioo proposal In sttordasee Ilth the tonlritt specil{taliene for the total price of i' 153 APPRO a; Date ~waert+ + 1 r i I'N i... r. i oaf , t I 1 r E BY MARTIN K, EBY CONSTRUCTION CO., INC. IA APWA lay GINERAL CONTIIAC1`014 . 2068'.ORAVEL ST. P.O. BOX 10237 FT. WORTH. TEXAS 74118 6 (61840021 PAX 0 i41~ Sol-m7 n1A11 ADNUIS 100 TO 1X1 COWAW ' AINWION OF INI WIffif r rr' 1% .C11 VEATCH r . t: March 21, 1991 i „L I;tI, r a , MAR 2 21991 t:.° ' Black a Veatch ~r Ac?ion Req d by [ P.O. Box 449 f Res . En . i Aubrey, Tx. 78227 ' j REFERENCE: Lewisville RFMP No. 3 Ray Roberts RFMP No. 4 Y,.'. Martin K. Eby Job No. 1925-44 I ATTENTION: JOHN HOLLENSECK 1 After reviewing the price of the piping, on RFMP 3 at Lewisville, it has come to EBY's attention that the price in the change order is incorrect. Also the price on the exhaust fame for both projects have been modified. Below is a complete break down of the pipe and fan cost. a ' PM TAU OFF: 29 LF - 6" DIA. PIPE 4 $8.45/LF $187.05 4'.' 3 EA - 6" DIA. 90 BENDS 4 319.00/EA = $ 67,00 14 EA - 6" DIA. FLAT FACE FLANGES • $16.86/EA a.$221.94~` 9 EA - 6" DIA. BOLT a GASKET SETS 4 $6.00/EA = $ 64.60 WELDING ROD y 2n.oo fi TOTAL _ 1630.2 6" PIPE : 16.97 LOS/FT X 29' = 660.13 LOS 8" 90 BENDS = 20 LBS/EA X 3 2 60.00 LOS -I 8" FLANGES s 9 LOS/EA X 14 2 128.00 ` TOTAL = 738.13 LOS Galvanizing : $30.00/1001bs, x 7.;16 ? 2Q ~a Total material cost of x pipe = 1760.76 , _ a . 4 13 { s , 1. 44M r4^MA•yrr,ennw »•.•cY'mr0.v.... r+e+y r.'n ',.a •n z. r... _ ~ .4j". ~ u i 11' ~ EXHAUST ..ILii..~. X♦ F ~!v' 'Y • v' i - Orsenheck SFO-6-4A fan a $396.00 Manual Starter w/ Thermal overload = sr 76.00 i - Manual Volume Damper _ $102.60 , 1 - 6" Duckwork a $0.00 i - Freight from Wichita KS. a X44 Total cost for fan = $693,60 I Please review and contact us if there is any problem with these changes. ")4 'i Yours Truly,. MARTIN K. EBY CONSTRUCTION CO., INC. Robert Jarvis, Project Engineer r`- RJ/tc cc: A. Rieder' S. Myers f s i. v x • r I ' F, y4.i. I~~t 1 , _..y w•u vx.r,W .w.,_.. ..r.r+.ry.~~,psrxr. u..:....».. r. 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I .,4. ! r '.n ke1.+' da !7u f 'F` rt J •r,1~i ar ,~•l: l BLACK a VEATCH CITY OF DENTONr TEXAS RAY ROBERTS HYDROELECTRIC PROJECT A' PROJECT NO. 10767 REQUEST FOR MODIFICATION PROPOSAL x~J DATE Falruarr 11. 1911 rG' TO Martin K. E,h] Canal. Cep Inc. 1700. grow, Tram RFMP No. 7 F P ' AU~HORSiEO SY Bedford iaaas 76022 Too ara homy repested to soloit a test propsd to Perform the Mi sukittHrer described reel is uterlaatill kpithf+ lithe tonlr+ct apulliufians. Iaclsp Isla usN to daslop the lelor iedttatsd Price shall be M pl+tl k Veatch IT hhsui11. proposal, pte+se osetata +ed retura tires Caput H this detuaenl to Too 444 if arerail i6a4a4 »rlarhidristneesss+rujeU+Ieleoroeµil~aeN+l~nto "Opert the Coatracter's l YORK DESCRIPTION J r Cfianges to the following contract drawingse Changes donated as back-circlss. 811V Ora Ne. Roy No. General Do'srttel[on_e1 Chanar_ £5001 4 Battery Room Revisions i £6001 3 Baltrry Room Rwisions } M1001 4 Battery Room Revisions 54001 0 Issued for COnrlruction (Nets fdr Battery qm.1 ~ 57001 4 Battery Room Rwisions E 53003 4 Battery Room Revisions 95401 3 Baltrry Room Revisions,.; R; S ON PROPOSAL ; Al fiC M001 TO BLACK It VEATCH DATE MP NO. i ' ` k propose to Perfeet 1M earl as descriMd is the slew 1911"t for oeliflt+ttee prspesai is uesrdeatl with, the contract spotiHutions for the told price of ~15iO'r C i' APMOV I 1f~`~' (C actor) i . if a i1 y : 1 1 PA011C1 NAM: Pay Roberta AYarwlKVla Iitlaalt DoWI /LION: VM Ma. t 1 Daft, LOfai r I 1106110e NO.I toll Matter, Maw N.0lflwtlms 1 PlaC. 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I III 1► 1 In I 11!0.11 1 1 it 1 1.00 1 0.11 f 171.11 t 1 1.04 ( 1 • N 11 016,14 ■ tA~ ,.....1 I.........1.....u. .p .........L .......j...........1. .j............ 1 j. .t1. ...r.... ..1111..nn..ll..rnu.n...rnn.n........r.........in...l..rul.......ll....l....ll.np~lun l..r.......ln..lluualru~tu.njmn..u. nl.d.nt ...1.10. 601. 1 At 1.... ldudyr. { . 1 1 ! n I f I 1 t I f u . ~ JZ j 7mll 0007 t I n ! 141f.a 1 ( UIL11 t t IILN I 1 711111 11 7101 b ■ v~ I. Iub..mmmunuuuur...u n...run....u0..uunuuu..n~unun.. unnn n.bnu..r....r.vuuurllun.ulnu.u.bu.ru.un.uulaau..fubU■W ruu.....t81.J j 77 r P 1 tk P' f h <1 i p k .,r r Y Kn r k 0, or 'r Y, ht k ~ ~ .tay l f r a Excerpt gyp' PUB Minutes 3/27/91 12. CONSIDER CHANGE ORDER N0. 4 WITH $18,655 ADDER TO C~ ~`r a MARTIN K. EBY CO., INC., (EBY) CONSTRUCTION CONTRACT FOR LEWISVILLE AND RAY ROBERTS HYDROELECTRIC PROJECTS. z Joe Cherri distributed the revised agenda item to the ' f, Board. The revised amount requested fur approval is $17,177. s Cherri advised that an Federal Energy Regulatoryk Commission representative visited the site and stated that is was not acceptable for the battery room to be open. Cherri referenced Exhibit i3, the FERC letter, recommending the room be enclosed and ventilation be separate. The cost for this change is n $17,177 era . ` Chew made a motion to approve change Order i4 for the.' . amount $17,177. Second by Ridens. All ayes, no nays, w; motion carried. r y J ' F r- /T'' y ' ~ ' I v ,jA9ttt ' A I SJ i k r ~ I I t i C P t' 7 r 1 ¢(I FY4 yyr 3 }Ca~TP, :y //55jl 1 r,J J{r r 4 '.1',i _a a r , d S { 'F° , ro..u d.,a..;,,•r. a.. «aowY9.'4`bbR~O",i%ti1.vw>w..~,a..... .+rs+.uwl.~r S~ a i r- 190 12/19 15159 E 404 347 4"118 F E R C(Atlanta) i I ~ I FCOEPIAL ENERGY RIMULATORY COMMISSION ATLANTA AEOrONAL OFFICE %30 PEAC14TRIC S=A(re. N E ATLANTA. GEORGIA 30301 Dsosober 19, 1990 I Projects, was. 1m j V . and 3940 - TX Iro gobart s. Nalson Director of Utilities city at canton 719 mast *MiraW Deaten, Tsuas 76701 Dear 06 Nelsons The ba"10ber 11 and 12, 1990, construction inspection - i raised ceaaern about the proposed battery arose at thr ft mabarts and l awisville hydroelectric aols Nos. 3939 a 3940, respectively. While providing an )eye, wash" area is I reoo"ition of the hasard that batteries pose, that aim* is not ada>qu+ate. Additioful r,:~gvis+ements are that battery tyres, I oaseet and eleatrelytio spray should not be allowed to asses late other atnas am out be vantad diraotly outaides Thsila re ireeents arc generally in sgrsarent with gaidanee by Osllyl and this U. s, •ureau at Reclavation (enalosed). Dlfr review of the proposed battery epee" in the powers hews has indicated changes in the design will be nooassary. ' Such changes are disousaad by project below, } E-V makekta. ■raisat me 302*1 Plans show that batter- Les will be located in a niche in the powerhouse wall) t ventilation is by the powerhouse ventilation system. Nhiie batteries will in this instance be protsptad from filling objects, gases may still be released into the pewrhou"A x Comlotal enclosing this area with a 0oAcrete bloalc wail should solve the enclosure problems however, ventilation IaWt else be provided. Zmmwt fills. 1re4ee! r.. leas, Plans show the battery racks lesated in a corner of the powerhouse with a grating overk4mWo These are no walls around the area and ventilation ~ is by the plant ventilation system. With this centigUrWon, I battariiss are subjsot to daslage tram overhead. expleslwsa or fires in this area could release gases throughout the power- ; house. 'i'bis situation must be corrected by ralooation of the batteries or by enclosing the area cad adding ventilation to the outside. c ! j ~ , 1 o-N { 9B 1219 17180 3 404 347 3310 F E R CCAl1ar,laf Ms. Robert X. Nelson Within 10 days free the dite o! this letters please fur- ry nish your Plans and sobedale to omgay with the reoeaoerrla- times U them are any questions, please codtaot Xr. Hess in this ofHee at 404/347-4131. y lY You r t r' t.fia-. I ~,r.••~ Oria#1: vote ' !'t r r~ .h. b0010e18rN ~ I x ; v oat Ms. Jes t:Leeri a i city of Deeton (tsued 13/19/90 3L F ~ i 11 N~ ly I I ~ppdpy , 0. o f14 ~ ! M'rf. >a IIII . , ws. vi. d d' 9 ' A t y, i April 16, 1991 i + CITY COUNCIL AGENDA ITEM TOt MAYOR AND COUNCIL MEMBERS OF THE CITY COUNCIL w. FROMt Lloyd V. Harrell, City Manager REt CONSIDER AN ORDINANCE AMENDING SECTION 25-7 OF I ARTICLE 1, CHAPTER 25 OF THE CODE OF ORDINANCES OF i THE CITY OF DENTON, TEXAS, REDESIGNATING SECTION 25-5 OF ARTICLE I, CHAPTER 25 OF THE CODE OF ar,; ORDINANCES OF THE CITY OF DENTON$ TEXAS AS SECTION a 25-91 ADDING PROVISIONS TO ARTICLE Is CHAP'T'ER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTONt TEXAS, AND DESIGNATING SAME AS SECTION 25-8; REVISING TAP AND LOOP INSTALLATION FEES, A" METER RELOCATION FEES PROVIDING FOR THE ISSUANCE Or PERMITS FOR TAP & LOOP INSTALLATION; ESTABLISHING CHARGES FOR WORK NOT SPECIFIED) PROVIDING FOR THE INSTALLATION OR INSPECTION OF WATER TAPS,DEDICATED EXCLUSIVELY TO FIRE SPRINKLER SYSTEMS 'WITHOUT CHARGE OR AT REDUCED COST) REPEALING ALL ORDINANCES IN CONFLICT HEREWITH) PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR i VIOLATIONS THEREOF PROVIDING A SEVERMILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. RECONNENDATION The Public Utilities Board at their meeting of March 270 1991, recommend to the City Council approval of the revised ordinance. ' SUMMY i Tap and Loop fees have not been increased since 1484. I These fees, at this time, are highly subsidized by the Utilities Department. The Utilities Staff met with a j group of plumbers anti developers through the Chamber of commerce Economic Development Committee to develop the attached ordinance. Key provisions of this ordinance aret 1) increase tap and loop fees over a two year period at 501 each year to arrive at a self supporting fee structure) f 2) to provide for privatization of top and loop fee construction in addition to city installed construction; ,k CITY COUNCIL AGENDA TAP/LOOP FEE ORDINANCE PAGE 2 3) to install fire sprinklers taps free in order to encourage installation of fire sprinkler systems; 4) to give a refund to a customer if tap and loop fees cost less to construct by city forces than estimated advance paid fee indicated. BACKGROUND Revision of Chapter 25, Article I, Section 25-7 of the Denton Code of Ordinances regarding tap and loop ' installation fees has been under consideration by the ti Beard since November 1989. These fees have not been increased since 1984 and are highly subsidized at this time. At several of its meetings during this period, a the Board expressed its concern with the substantial proposed increases in tap and loop installations. Some developers have indicated the desire to make their own taps and loops.' Over the past few months, staff has met with Denton Chamber of Commerce representatives on several I occasions to discuss the fee increases and privatization. The Utility Staff and Chamber representatives mutually agree that the tap and loop J, fees should be increased in order to minimize subsidization; however, these increases should be spread over a two year period to reduce any adverse , effect on construction costs. Consequently, the 50iposed fees reflect a 1991 incremental increase of In 1992, staff will ask the Board and City i Council to approve an additional 56% incremental increase. The Utilities staff and chamber representatives support both this proposed incremental fee increase and the privatization of tap and loop installations as embodied in the attached revised ordinance. The Utilities staff { will use city inspectors to insure that privatized tap and loop installations on the City's utility system meet all safety and quality standards. I i I In order to encourage developers and current business owners to install fire sprinkler systems, this proposed ordinance also allows the installation of fire sprinkler taps by the Utility Department's personnel at estor. no charge to the raga i w ,i 1f ^r CITY COUNCIL AGENDA TAP/LOOP FEE ORDINANCE PAGE 3 FISCAL IMPACT j Significant use of privatization will reduce those t r Utility Department revenues and expenditures associated wit its tap and loop installations. At the same time, , fx ,'y however, the subsidization of tap and loop fees'throu4h r *q water and wastewater rates will decline over a two year period. PROGRAMS, DIPARTMITSO OR GROUP AFF3CT3D ''1 yx Utility Department and customers, Legal Department, City Counoil, Public Utilities Board, Plumbers, j Developers and Citizens. ' t , Reaps fully, r` 76 Lloyd V, Harrell, City Manager Prepared bye. ' David Ham, Manager Construction Projects Approved b R.Z. Nelson, Executive Director,.' Department of Utilities Exhibit I Proposed Ordinance Exhibit It cost comparison Exhibit III Minutes PUS 2/20/91 ~.'Exhibit IV Minutes of PUB 3127141 Nr' , ' f a r n.. .4, i,.. 1..,.r♦ ..ey„_ai°w KMa r"y JIMr •n4Rpi .n ~4• M ~ r TAPS WITH LOOPS s ' 1991 1992 1991 1992 i TAP/ CURRENT PROPOSED PROPOSED CURRENT PROPOSED PROPOSED r9 UNPAVED UNPAVED: UNAV$D PAVED PAVED METE PAVED Sx'A$ET ; ti STREET STREET STREET STREET .TREET EE-y.-.r...~..-..... i SIZER 3/4" 475 785 1100 350 400 450 i" 525 835 1150 375 4,35 500 161/2" 775 1060 1350 600 700 8d0 { ,r" 2" 925 1185 1450 725 785 856 a ` TAPS WITHOUT LOOPS~ ~ 2" 575 810 1050 350 ' 400 450 ' WATER LOOPS r 4 I i r I 3/4 " 175 235 300 175 235 300 1" 250 275 300 250 275 300 `r 161/2" 350 400 450 350 460 450 y; SEWER TAPS WITH CLEANOUT } zT~ 4" 425 710 1000 275 335 400 475 735 1000 275 360 454 8" 500 775 1050 300 400 500 1 10 525 835 1150 325 435 550 METER RELOCATIONS } { ,r 50 50 50 50 50 SO 1' 75 75 75 75 75 75 161/2" 75 75 75 75 75 75 2" 100 100 100 100 100 100 y; 'S 1 EXFI!$ !T40 EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES February 20, 1991 3. CONSIDER AN ORDINANCE AMENDING SECTION 25-7 OF ARTICLE 1, CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON# TEXAS, TO PROVIDE FOR REVISED MATER AND SMFKR ar TAP FEES, PRIVATIZATION OF TAP AND LOOP INSTALLATIONS, T'. FEES FOR MORX NOT SPECIFIED, REPEALING ALL ORDINANCNB j " IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Ham presented this Item and referenced exhibit I-Item 43 revised amendment to section 23-7 article I chapter 25 changing fees charged for water/sewer taps, allowing for privatization, fees for city inspection, and a I provision for fire sprinkler taps free of charge. Ham recognized members of the Chamber of Commerce Tap and Loop Committee who were in attendance and have been working on the proposed changes. Wayne Allen/Fred Gossett/Mike Schloeman/Dan Coward. He also recognized Water/Sewer Field Services Superintendent, Sill Brown, and Asst. City Attorney, Jerry Drake.` Ham went on to explain the new ordinance proposed that fees be stair stopped, 50t 1991 and 501 1952 to bring costs to full service. The reason for this Is to ease the impact on the building industry. There has also been added a provision for estimating ? t' charges for uncommon sized taps and loopst after construction is completed, If there is any overcharge from actual construction cost a rotund will be glveno Drake spelled out the requirements within the ordinance for required Insurance/bonds/ and permits necessary for privatization. Drake addressed the Board stating that basically you see what the chamber has recommended; however, he has distributed tonight an amended ordinance with guidelines (pg 2) for issuance of a permit) the idea is to simply make sure we have a logical basis for Issueing or denying a permit to an individual- basis for appeal, grievance procedural and permit issuer has concrete guidelines to go by, plus he has added an enforcement action against those who tail to abide by the ordinance-to make sure private installers do so responsibly and with the same restrictions and 3/22/91 14 r•~ . 1 safeguards as demanded for city installations. hthad for a vote of confidence to proceed to council with the amended ordinance. Ham stated he would also like to meet again with Chamber representatives to review the changes. Thompson requested the Chamber people to address the , Board if they so desired. y<4 ; Wayn_ a A13eni Mr. Allen k+tated that the committee has era' worked on this ordinance four or five sessions and all agree that if, in fact, the cost is more than what they w: are now paying, they should pay the cost. He advised' that one of the group's main concerns was how to close the door on interpretation= he stated he feels there is still room for interpretation in the new copy of the i proposed ordinance and requested time to study the ordinance. He stated the sprinkler ordinance intent is i that the tap is absolutely free, whereas the ordinance a stated the tap "may be" free indicating the right of the city to make that determination) he emphasised that the ordinance needs to spell out instances whon.such taps may not be free and not leave It open to interpretation. r ~ Nelson commented that the intent of the sprinkler recommendations is the city will absorb the cost) this will be the cost of the utility doing business, such cost to be spread out to all users, u Thompson asked what the idea behind this was. Harrell r explained it is twofold 1) the staff, with another Chamber committee, at Council direction, is trying to come to agreement in order to encourage installation of sprinkler systems within the community) if auccess is experienced in that area, the city could limit the number of fire fighters that would eventually have to be hired) also, the city is looking at the building codes to determine where requirements could be dropped back if someone agrees to put in a sprinkler system, 2) Regarding the utility system, Svehla has had discussions with utility staff, and they support free fire taps for sprinklers) if the city can encouraga a E customer to put in a sprinkler system, a smaller fine could be built saving costs in that direction. Laney commented that, because of this exclusivity system, there is a type of fire sprinkler that is tied in with the water/supply and It may be appropriate to 3/22/91 1S sr f r ` *owl r. e. n•4yi AfRW r i~j~ i~I, i_ 1': i.- .i 4 Nn.-1'>!M1_ Vn axW.,_ 5 ` 'F state what portion of that would be free and what section would be for domestic water. Laney referenced Page 21 "specific requirements to be determined at a later date" also agreeing that staff i. must tie these requirements down. " The members of the Chamber again stated they are in agreement that fees need to be raisedl however,, all Interpretation passages need to be removed from the ordinance. i; C ,✓fir; Fred Gossetti ~w Mr. Gossett stated that, as a representative of ° Home/apartment builders, they appreciate the work that I; Is being done to try to soften these expenses; however, a at the same time, they have not had an opporttinity to sya reed the new draft and requested postponement of arty , decision until the committee meets egain~ He also ra;' agreed there are some areas within the new draft ? subject to interpretation. Motion votes y`# h Laney Made a motion to table this item; second by Chew) motion to table approved unanimously. • p r r.; . n f ~ ,ter [ ' >rf n'. 7 r. r I j P I. ♦ .r P V. . ry v. _ z be.u1,C .,:i:.?.,.A. Trsd.¢italew r.wn9'" r 1 u f .P .n • :;.,.1 9:. , . r v,.`c I, .iygri'YFWAni.w n>., EXCERPT PUB MEETING OF 3/27/41 b. CONSIDER AN ORDINANCE AMENDING SECTION 25-7 OF ARTICLE y It CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR REVISED WATER AND SEWER, TAP FEES, PRIVATIZATION OF TAP AND LOOP INSTALLATIONS, { FEES FOR WORK NOT SPECIFIED, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE' AND DECLARING AN EFFECTIVE DATE. Ham reviewed this item stating that an increase in proposed with a caveat for privatization, an `Inspection fee of $100 for tape and $35 for loops plus taps for fire sprinkler systems shall be installed at no cost. Ham requested the Board's approval of this ordinance.' t Chew asked if staff has met with the business people.;" Ham stated he has met with the Chamber of Commerce, Y.y the Legal Department and the Superintendent of the f ` { Water/Sewer Field Services Division and all parties now are in agreement with the new ordinance. Chew made a motion to recommend to the City Council approval of subject ordinance. Second by Fredy. All ayea, no nays, motion carried. k Thompson commended David Ham on the handling of; this E M ) complex, controversial issue{ The timing'was ,x appropriate, input was sufficient and the "'job was done r well! Chew expressed appreciation to David Ham for working i',.► in harmony with the business community. E 1 I r 1 I ~ i X5+5 { wry},;' 1 r 1 EY s. , 6th ,ntapo { ORDINANCE NO. - AN ORDINANCE AMENDING SECTION 25-7 OF ARTICLE 1, CHAPTER 25 OF THE k ` ARTICLE I1 CHAPTER 25 OF THE CODE OF ORDINANCES OF CODE OF SECTION 25-8IOFr I THE CITY OF DENTON, TEXAS AS SECTION 25-91 ADDING PROVISIONS TO ` ARTICLE I, CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF I 1 DENTON, TEXAS, AND DESIGNATING SAME AS SECTION 25-8; REVISING TAP , AND LOOP INSTALLATION FEES, AND METER RELOCATION FEES! PROVIDING k' FOR THE ISSUANCE OF PERMITS FOR TAP i LOOP INSTALLATION► 4 's ESTABLISHING CHARGES FOR WORK NOT SPECIFIED; PROVIDING FOR THE ''r r INSTALLATION OR INSPECTION OF WATER TAPS DEDICATED EXCLUSIVELY TO FIRE SPRINKLER SYSTEMS WITHOUT CHARGE OR AT REDUCED COSTt REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE MAXIMUM LITY OUNT OF CLAUSE $500,00 FOR VIOLATIONS THEREOFt DECLARING AN EFFECTIVE DATE, WHEREAS, the City Manager has recommended to the council of the nton the that Texas fo-u such cit andyseworet pa must be increasthe chargedhe City s cosy for water 2 installationst and WHEREAS, at the recommendation of the City Manager, the council of the City of Denton, Texas desires to make the private installa- tion of such tape an option to landowners and developers, provided that the future integrity ~f the City0s water and sewer system can be ensured; and I WHEREAS, at the recommendation of the City Manager, the Council of the City of Denton, Texas finds that the installation or inspac tion without charge of water taps dedicated exclusively to fire sprinkler systems advances an important governmental interest in protecting its citizens and firefighters from the preventable haz- ards of fire, NOW, THEREFORE, TON HEREBY ORDAINS; N THE CITY OF DE i THE COUNCIL OF I CTiO i. That Section 25-7 of Article I of Chapter 25 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows; bead 95-7, private Installation of Water and sorer Baia laps. (a) permit go No person, firm, association or corpora- tion may remove, install or relocate any water or sewer main tap or loop, or cut any street surface for the puose of removing, installing or relocating any such tap orrp loop without first obtaining Field Servcs permit ("from the Superintendent")4 Asepf a y i I f' I sL y di k assts permit is required for each and every tap or loop that is to be removed, installed or relocated. Permits is- sued under this section are not transferable. (b)R++~remen for issuance. Any person desiring issuance of ; . a sewer and water tap permit shall, upon written applies- tion to the Superintendent, be issued a permit if the fol- lowing conditions are mate (1) The applicant must certify that the work will take " place under his on-site supervision. 4' (2) The applicant must obtain the following minimum li- censure or cortificationi (a) For installation of sewer taps, the applicant must be a master plumber licensed by the State of Texas ' or be issued a certificate of competency by the Texas Water commission as a wastewater plant open- r^> r ator. (b) For installation of water taps and .loopy, the ap- , r + plicant must be a master plumber licensed ty the State of Texas or be issued a certificate of cot- potency by the Texas Department of Health as a s water supply system operator. The applicant must not have been convicted of any prior offense under this section, or had a permit issued tt under this section revoked, during the twelve (12) f months preceding the application. must execute a performance bond, mainte- (4) The applicant nance bond, and payment bond, each in an amount not.; is lose than the fee currently charged by the Utility r_ 4 department for such installations, and sufficient to guarantee that funds will be available for cospletion x4 o! the project and payment ot workers in the event of applicant's default, and to cover maintenance !or one N year after completion j r (5) The applicant must attend a briefing on the City's E i standards and procedures relative to the task per- mitted and must adhere to those standards during the course of the permitted work G r (6) The applicant must demonstrate that he has suffioient equipment and manpower to safely cot Iota the permit- F ted task consistent with all applicable City, State and Federal standards. ' PAGE 2 ' 3 All 4E 1 T 1 "Oki , (7) The applicant shall provide and maintain valid certi ficates of insurance, naming the City as an additional insured, and in an amount and type meeting the follow- ing minimum coverages: (a) Workers' Compensation and Employers Liability: Workers' Compensation - Statutory Limits ' .r Emrloyer's Liability - Statutory Limits (b) Comprehensive Automobile Liability: C,e*. A combined single limit of $500,000 ..r~, (o) Comprehensive General Liability: A combined single limit of $500,000 (d) Owner's Protective Liability: ' A combined single limit of $500,000 (a) Policies must cover all claims on a per occurrence ; basis and must provide, at a minimum, no less than thirty (30) days notice of cancellation. (8) The applicant shall pay in advance a fee o! $100 for inspection of a top and loop installation, or a fee of p 835.00 for inspection of a loop installation. This fee will cover the cost of barricade inspection, safety in- r;. speotion, digging inspection, backtill inspection, as- phalt laying inspection, and tap and loop inspection, Any person who installs a tap exclusively dedicatid to a lire sprinkler system, as determined by the Utility* Departm sit, shall be exempted from the payment of the inspection tee, but not from the inspection itself. ~ (c) Otfansas, The following acts constitute offenses punish- allY be grounds for revoca- able by line an tionof an existing permit: (1) Failure to maintain the minimum permit requirements sot r forth in Section 25-7(b) of this Articles (2) Making any materially false or misleading statement in ! 'r connection with the permitteofs applications or j t (3) Violation of any requir6ment of this section. c: k ' 3 by r, PAGE 3 it A all (d) permit Denial. Revocation, and ARReal. (1) If the Superintendent determines that the requirements set forth in section 25-7(b) for issuance of a permit have not been met, or if he determines that revocation of an existing permit is appropriate, he shall reduce his decision to writing, listing the reasons for his actions, and transmit a written copy to the applicant or permit holder. (2) The applicant or permit holder may appeal the decision } V, of the Superintendent to the City Manager by filing ' with the City Manager a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the Super- intendent. If a request for an appeal hearing is not made within the ten (10) day period, the action of the ' Superintendent is final. (9) The city manager or his designated representative shall serve as the hearing officer at an appeal hearing and consider evidence offered by any interested persons The formal rules of evidence do not apply at an appeal hearing and the hearing officer shall make his decision on the basis of a preponderance of the evidence pre- sented at the hearing. The hearing officer must render a decision within thirty (70) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the Superintendent, and his decision is final. (e) Insnoction of Tans and Loops and _Pay ant of Insoaction F!es. The City shall inspect all taps and loops which ark removed, installed, or relocated to insure that such re- movals installations, and relocations are in compliance with City of Denton specifications and codes. SECTION it, That Section 25-8 of Article I of Chapter 25 of the Code of Ordinances of the City of Denton, Texas, Electrical motors, olactrigAl motor terminal boxes-and supnly co d_ ctoral water matego and water distribution mains and li as# gart4in acts or.Qhibitad, is hereby redesignated as Section 25-9, Tamladrind With utility Motors. SECTION III, Section 25-8 of Article I of Chapter 25 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows! i i PAGE 4 6 YlYT Doi • r J 8eo. 7S-s. Installation of Taps by the Utility Department. (a) Utility Department May Install. The Utility Department, upon the approval of the Superintendent of water/Wastewater Field Services ("Superintendent"), and upon receipt of the required fees, may remove, install, or relocate water and f sewer taps and loops. (b) Fees for Rout a Installations. Any persun, association of persons, or,corporation desiring that a water or sewer main t < r .Y. Y`y AV qr ' 9 tap, water meter loop, meter relocation, or sewer manhole ,A breakout be removed, installed, or relocated by the Utility: Department shall pay in advance to the utility Department, ,aY the following applicable least q., I~ R J ,r . [ tr 1"6 1 yV 1 , N + 5 ' A YA i t } J' I y'~ r. • t A eA I.} I' f I t u. t I t y~ #t II PAGES E -nwr , i,.: i•-_ r.v..n Mx nJ r .L..V..r ikL..Ei..r V: r.N MI YN+ ~r titi; r, f I WATER TAPS WITH nnn 2jae of Tan and Meter Paved Street Unpaved street 3/4 inch $ 785 $ 400 = inch 835 435 1-1/2 inch 1060 700 2 inch 1185 78S M WATER TAPS WITHOUT nAP } 4~F' SLIM of TAR and Meter Paved Street U~aved Str~Mt ' C 2 inch $810 $400 ~ " WATER IAOPS 3/4 inch $ 235 1 inch 273 a 1-1/2 inch `+r~s 400 SEWER TAPS WITH CMANO T Sire of Tan pave4 Street I1tin3yedStreet '4 inch 4 inch $ 710 $ »3 Y: > 735 x 0 inch 775 360 l' , x 10 inch 833 433 413 k I' A e•` 1 METER RELOCATIONS Sire of TAR and Hater Relocation of 10 Feet Or ieae 3/4 inch $ 3b 1 inch 75 1-1/2 inch 75 2 inch 100 a, t p is , P110E 6 x Y\' 1 I s . r I, F i f y✓. Ita5 Ga1'~~E'Yd .i 3qM.atnM ..\C.~W,':..r.f MSr «v.r.,.._ l~ ed' L:P 1 •.Sd'~J i (o) Fees for Install&tians not LiaW. (1) Any person requesting the installation of a tap or loop by the utility Department for which a fee is not speci- fied in subsection (b) shall pay in advance to the Utility Department a deposit based upon the estimated cost of such installation, or similar work, plus n administration charge of 20%. (2) Upon completion of the installation or Applicant shwork all rbe quested per subsection (o)(1), the App billed at actual cost, as determined by the Utility Department, plus a tot administrative charge. Any ex- de csit shall be refunded to the applicant. cess p ina Fees in Addition to Other Fees and Charstsi. The (d) fees and charges established herein shall be in addition to f' 1 any other applicable fees and charges provided by ordi- nance. Any person, association of persons, or corporation requesting the City to perform relagqted services for which a fee has ot been st shall 's for providing such work a serviceb material,tandCequipmenttplus 20%. (e) Fire Scrinkler Tae Faes Sha11 b• waived. Upon written re- quest to the Superintendent, the Utility Department shall waive installation charges for water taps exclusively dedi- cated to fire sprinkler systems. The Superintendent shall have sole discretion in the application of this subsection. arm;ON 12. That any person violating any of the provisions of this ordinance shall, upon conviction, be lined a sum not exceeding Five Hundred (8500) Dollars) and each day and every day that the $*Pa- in constitute provisions this ordinance , This penalty d is shall rate ate and distinct offense, mulative of any other remedies as may be available at law and eq- uity. All ordinances or parts of ordinances in force when the proms viisio s of this ordinance become effective which are incon- sistent conflict with the terms his ordinance are hereby r pealed o the extent of any such con- this t flict. U& Os x yi. That if any section, subsection, paragraph, sen- tonce, clause, phrase or word in this ordinance, or application ' thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the City } PAGE 7 3 1 e a j council of the City of Denton I any dsuch invalidity. have portions enacted such remaining ~nms VII. That this ordinance shall become effective sixty a, (60) days from the data of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be pub- , limbed: the Texeco d bin tena(l0) daysiafter thepdate Cit • - for th Y of ; . f of its passage , 1091, ~ r PASSED AND APPROVED this the day of A$TLEBFERRY i MAYOR 5 r BOB C . , 'i ATTESTI + JENNIFER WALTERSi CITY SECRETARY ; f , r. BY+ t e; APPROVED AS TO LEGAL FORM y, DEBRA A. DRAYOVITCNs CITY ATTORNEY a w BYI i I 1 r ~,r r ,EAR' >f r PAGE 8 1 i DATE: 01118191 SLLY . UGO NCIL BEPORI FORMAT } TO: Mayor and Members of the City Council j FROM: Lloyd V. Harrell, City Manager SUBJECT: Comprehensive Evaluation of Employee Health Insurance and Development of Future Strategies by Coopers and Lybrand ;r t_ REOG MIEkDATION It 1s the staff's recommendation that the City Council approve a contract with Coopers and Lybrand to conduct a comprehensive evaluation of the City's Employee Health Insurance Program to identify current program :x strategies with 8anus/New York Life and develop alternative health insurances programs and alternatives with local medical providers. Coopers and Lybrand will gather information, negotiate rates, analyze and develop alternative k plan designs, assess cost effactlveness, and make recommendations for a coat effective and responsive health plan for the City, its employees, and dependents. i December 11 1990 marked the beginning of our second year In the current employee health insurance program with Sanus/New York Life. As we begin to ' prepare and examine our options for next year, there are several critical Issues which are under consideration. The issues are: 3, o possible Sanus/New York life rate increase for 1091/02 plan year of over 23% end/or a reduction of current benefits and the cost implications for both the City and employee, o Lack of participation in our current program by local medical f providers, in spite of Senus' continued efforts to recruit more local physicians, o Apparent significant easing of the local provider market with potential for negotiating directly with providers for Mora favorable rates I o The need for the City to continue to develop long term f strategist for providing cost effective health insurance for employees and their dependents i Banus has provided a preliminary estimate of 23% or larger rate increase for I I the 4991/92 Budget year, In a letter from Louie Heerwagen (Sams/New York' Life), shortly after the open enrollment, Wus suggested that an alternative to maintaining the current rates is to reduce health Insurance benefits,' These issues have been discussed and continued to be addressed with the f 1w ! Employee Insurance Committee (EIC). Sanus has continued to make efforts to yr• a yr E 1 I April 16, 1991 Memo to City Council on Health Insurance Page 2 improve our local provider lilting and has continued to update us on their efforts regarding this issue. In keeping with the City Council's suggestion that the City work very closely with other employers, where relationships with local providers, staffbhas continuedmtouexplorevways~to~s accomplish this obJecttve. As the decision to place the City's employee l.; insurance coverage with Sanus was made as a long term solution, and Possibly a short term transitional solution to the health insurance problem, staff recommends that a comprehensive evaluation of the program be conducted to develop future alternatives, carefully assess each alternative, and determine how they compare with our current program with Sanus, i" On December 1, 1960 the City Council approved placing our employee health insurance with Sanus/New York life as a fully-insured plan. December 1, 1000 marked the beginning of our second year with Sanus, With two years into the program with Sanus, we have made some progress, and we have continued to be faced with several challenges. Some progress has been made in: 1. Increasing employees' understanding of the processes and procedures for accosting their benefits in a managed health care program r 2. Promoting greater awareness among employees in taking responsibility to control their ' personal health care cost,. ~ a 3, Improving individual claims, although our group claims experience remains high duo to two major by-pass surgeries and sudden deaths that we experienced In the last year, our primary concern has continued to be the difficulties we are having In gaining access to local family care physicians and speoiallsts, and the increasing cost for employees and the City, Secondly, as with any fully- insured plan, administration costs for running our Sanus health insurance ` program have continued to remain high because of our higher than normal ` claims experience. In addition to theta problems, there are indications that we could tee a significant rate Increase effective December 1, 1001. E In a letter, shortly after the beginning of our second year, Sam indicated ?i that unless the City reduces benefits and coverage levels, that our program could be faced with a potential rate increase of more than 234. ^ i F.. As part of our strategy to develop sustainable solutions to these problems, staff has continued to take the initiative to scan the local medical d% ' provider market for opportunities for the City to negotiate directly with these providers for more affordable rates to the City and employees. Used = r- FEW" 1 April 15, 1991 Memo to City Council on Health Insurance Page 3 , upon some initial discussions with local providers, there appears to be a significant level of interest on their part to contract directly with the City at favorable discounts. Dave Palatiere (Coopers and Lybrand) is currently assisting UNT and TwU (two local employers) in negotiating favorable rates with these local providers. As this new positive provider relationship begins to evolve in our community, Coopers and Lybrand can play a major role for the City. We stand to gain from the relationship that Dave t Palatiere has established between UNT and TWU, and local providers within our community. At a time when approximately 45% of our plan cost 1s related to hos,iltal and surgical services, the changing local provider climate In rj f favor of direct contractual arrangements is one we and the local community can potentially benefit from In the long run. A contract with Coopers and Lybrand would help position the City to negotiate effectively with various medical provider groups within our community. The contract will authorize Coopers and Lybrand to: ea 1. Most with local medical providers (Independent Physicians Association of Denton County and local hospitals) to negotiate arrangements for direct contracting with the City at favorable rates 2. Negotiate with appropriate medical facilities witt,in the metroplax for tertiary services, such as by-pass heart surgery and other specialized medical services not available within our local provider market. 3. Develop and analyze three plan alternatives and conduct t actuarial projections and ratings of the three plans based upon negotiated arrangements with providers, 4. Develop final draft contracts with the appropriate hospitals, physicians and/or physician groups and tertiary care facilities and submit to the City for approval, 'i S. Undertake negotiations with Unus, if indicated, for Decamher 1, 1901 plan year renewal. i As our present plan with Oenus is only a part of our overall strategy, a comprehensive evaluation of our program will not only help us in assessing our current program but also identifying alternatives that have potential for yielding sustainable solutions, PBQ98A!!@,. DIPMTHEdl$ DB ! AFFECTED: ~ The City Health Insurance Program covers all regular, full-time and part- time City of Denton employees in all departments. Presently, departments are budgeted for $1?1.01 per month for each employee's health insurance } coverage. Employees' costs are primarily the cost of providing coverage for their dependents, i a; aye _ . _ , I April 18, 1991 Memo to City Council on Health Insurance Page 4 FISCAL IWACT Coopers a Lybrand will charge the City based on actual professional time spent and expenses Incurred. In no event will the total project cotta exceed $35,800. The breakdown by fund is as follows: General Fund if 10,332 All Other Funds 160468 , } 1 S a, Total 6-351800 By awarding Coopers a Lybrand this contract, the City will increase its leverage in negotiating favorable rates with hospitals such as the kinds that Dave Palatiere has negotiated between UNT and TWU and local providers, In the long term, the fiscal impact of funding this program could be radu"d following the development of acme more cost effective alternatives j Respectfully submitted: Y" 1-1o id V. Harr* 1 City manager Prepared by; Thomas It. Wine , Director of Personnel 1 ADprowd j 1 Fr. - Batty We E tlve D rector for muniel s im and Economio Devalopmsnt i cmgrptlAipen 03/11/91 ;r, , ,.Y . I fr tw ° ~ ~ r ' t~ ;a , r 1 ORDINANCE NO- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS i LYBRAND, INC. RELATING TO PROFES- SIONAL SERVICES FOR A COMPREHENSIVE EVALUATION OF THE CITY'S EM- > PIAYEE HEALTH INSURANCE PROGRAM) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE$ AND PROVIDING AN EFFECTIVE DATE. j E 'i ti I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt r That the mayor is authorized to execute an agree- r, nt ment betweenBthe City of Denton and Coopers i Lybrand, Inc. rela- ting to a comprehensive evaluation of the City's Employee Health Insurance program under the terms and conditions contained within said amendment, a copy of which is attached hereto and made a part hereof. A That the City Council hereby authorizes the ex- , penditure of funds not to exceed Thirty-five Thousand Eight Hundred ($15,800) Dollars. ` JACI ON iii. That this ordinance shall become effective Y immediately upon its pass,sge and approval. 199E PASSED AND APPROVED this the day of - + , j ; 14 > BOB CASTLESERRYi MAYOR ATTESTI JENNIFER WALTZRS, CITY SECRETARY E SYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY t -,i. Pl i" t ~1;j V" ' SM ~ i A 306OL41091 AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS 6 LYBRAND, INC. The City of Denton, Texas, a Municipal Home Rule City sit- uated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Coopers (Lybrand, Inc., a professional corporation doing business in Texas, herein- after called "Consultant', hereby mutually agree as followst • I, SERVICES TO BE PERFORMED { F ~ a* + City hereby retains Consultant to perform the hereinafter designated professional services. Consultant agrees to perform the following services: A. Conduct a comprehensive evaluation of the City 'a Employee Health Insurance Program with Sanus/New York Life and to develop minimum alternative plans and options, The Con- sultant will rate alternatives and present written recom- mendations, B. In connection with performing the services described in Section I. A., Consultant will provide the following ser- p vice i t ~f 1. Most with local medical providers (doctors and hospi- tals) to negotiate arrangements for direct contracting with the City at favorable terms. 1 2, Prepare for and direct discussion sessions with Denton ' Regional Medical Center, Denton Community Hospital and E. Unto. Independent Physicians Association of Denton County. 3, investigate development of contract with appropriate tertiary care facilities located in the DOW motroplax, ! 4, Obtain and furnish City a preliminary contract from k each provider of group of providers, as appropriate.,; l S. Meet with Employee Insurance Committee (ETC) to dove- lop three plan alternatives for final analysis and actuarial projections by the consultant, 6, Perform actuarial projections and provide written and oral reports, 1. Rate selected plane based upon agreed-upon provider. arrangements and plan design alternatives and actuarial . 6 t i .1' N, t • 1. i I t 1 projections and provide City with written and oral re- ports. 8. Undertake and proceed to negotiate with Sanus for December 1, 1991 plan year renewal. 9. Develop final draft contract with the appropriate hospitals, physicians and or physician groups and tertiary care facilities and submit to the City for finalization. l C. .:onsultant shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by professionals under similar cir- cumstances. II. TERM OF AGREEMENT Consultant shall commence rendering services within ten (10) 1", 10 working days of receiving notification of contract kpproval. I'J Consultant agrees to adhere to the following project achecule: Activit Task Time Frame 1. Meet with 5 providers o Within 10 working days (hospital/physician groups) after contract approval Estimate 3 meetings for each provider at 2 hours per meet- ing. Senior Consultant (Pro- ject Director) will attend and 1 direct meetings. i 2. Data Analysis for Meetings o Within 15 working days upon completion of meet- Develop relevant historical ings with Denton providers predicted utili- zation data for each pro- vider. Associate Actuary in Benefits and Compensation will assist in data analysis. Estimate 8 hours per provider. Project Director and Consul- tent's Actuary to review 3. Plan Design Alternatives o Withint15 wofkpriorataskf comple (a) Project Manager develops three plan design alter- natives. PAGE 2 (b) Meet with EIC to discuss options ((i) Prepare for meeting (ii) Attend meeting ((iii) Update plan option per meeting ping 4. pRate erformlactuarialnprojections o Within compl15etionwofork Based upon results from EIC meetings$ identifying: --Hospital reimbursement --Physician reimbursement --Plan design --Employee demographics --Historical data Chief Actuary$ who is cer- j tified~ will perform the I actuarial projections and will rate the plane. An estimated 16 hours for each % plan will be required. 5. Project Director Meetings o Within 15 working days up6n completion of prior task (a) Prepare for and attend two meetings with City Council. (b) Prepare for and attend Management. 6. Negotiate with Sanus o Within 15 working days upon completion of prior task Project Director will negotiate with Sanus for the 1992 plan yeare Consultant shell completes present and submit all contracts and documental including s final written report reflecting findings and recommendations, not later than August 30, 1991. Deviation reasons beyond l the Consulfrom this schedule - Director e or n for if prior 's Personnel is permitted tant's tant's City's III. COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Consultant for the services performed here- under as follows: PACE 3 t 1 l A. Amount of Payment for Services: City agrees to pay Consultant for the services performed hereunder as estimated below: Estimated TASK C &L HOURS FEES 1. Meet with S providers (hospital/physician groups) 4,000 Estimate 3 meetings for each 30 provider at 2 hours per meeting. Senior Consultant (Project Director) will p, attend and direct meetings. 2. Data Analysis for Meetings Develop relevant historical 40 3,900 predicted utilization data for each provider. Associate > Actuary in Benefits and Com- pensation will assist in. data analysis. Estimate 8 hours per provider. Project Director and Chief lb S 2,300 ' Actuary for Coopers and Lybrand to review 3. Plan Design Alternatives lb 3,200 Project manager d:velops three plan design alter- natives. - develops (a) ee plan Manager design three plan j, (b) Meet with EIC to discuss options 1'800 i) Prepare for meeting 4 ii) Attend meeting 8 1,Soo iii) Update plan option per meeting 4. Rate Selected Plans and per- form actuarial projections PAGE 4 j 1 WAS., 7 n . . Yf n f; .....o as . • W:.L'.Yi Wtl!i e r Ii 5 Estimated FEES EiLLJII~OURI TASK Based upon results from EIC meetings, identifying: -Hospital reimbursement --Physician reimbursement --Plan design hics t :-Employee demog p -Historical dae raa 60 $100000 4 who is cer- Chief Actuary,erform the tified, will p p ectione and actuarial lane. An estimated rata the p plan will be 16 hours for each required, g, Project Director Meetings X10600 , Fy, end (a) Prepare forsand att with City two meeting Council. $19600 (b) Prepare for and attend two meetings with City Management. 6, Negotiate with 5anua 16 9 " Project Director will negotiate with Sanus for the 1992 plan y 214 X33,800 !i Total Hours. see s- Estimated out-of-pocket expen (Travel, FAX, Federal Express, etc ) ~gg,900 TOTAL FEES 6 EXPENSES professional tima based on actual ro ect Consultant will charge the City In no event will the t, unless Conte spent and ex eases incurred. Consultantgs fees resented cost exceed 35,800 for s and exp v nested to per form tassistance is required Aidrom the ed and sultant irorneal. If additional roceeding with Fill in the p VO86 atee of profe°sionalebeforeby pro Consultant, ea tim management for approval presented to City any additional tasks. V PAGE S wws w~a.dr#ra r t B. Dates of Payment: The City will pay Consultant on a monthly basis, within thirty (30) days of receipt of invoices for completion of services provided for herein. IV. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed to by and between City and Consultant that Consultant is an independent contractor and shall not be deemed to be or considered an employee of the City social Denton, security taxes, tvacationo or sick leave benefits, hworker$a compensation, or any other City employee benefit. The City shall have supervision and control of Consultant and any employee of Consultant while on City premises, and it is expreialy understood that Consultant shall perform the services hereunder according to the attached Consultant's proposal at the direction of the City Manager of the City of Denton or his designee under this agreements V. SOURCE OF FUNDS j All payments to Consultant under this Agreement are to be paid by the such purposes i in y thfrom e Budget funds of appropriated of bDentoa City Council for f VI. INSURANCE i Consultant shall provide at its own cost and expease work- men's compensation insurance, liability Consultant insurathe nceo and operaall tion her protect insurance necessary to Consultant's business. VII. INDEMNIFICATION Consultant shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or lia- bility of any kind whatsoever to the extent proximately caused by the error, omission or negligent act of Consultant its officers, agents, employees, invitees, and other persons for whom it iu legally liable, in the course of the performance of this Agree sent, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and such right service by the City shall not operate as anwai waiver of Consultant's VIII. CANCELLATION City and Consultant each reserve the right to cancel this Agreement at any time by giving the other artyfourteen (14) thet City cagreesf to the agreement beforeo compl tion Intention isy can elled notice PAGE 6 ,a Consultant for services provided and expenses incurred prior to notice of cancellation. Executed this the day of j 1991. CITY OF DENTON, TEXAS BY., -:r ATTESTS _ r i JENNIFER WALTERB, CITY SECRETARY ,r BY'' APPROVED AS TO LEGAL FORM: F ` DEBRA A. DRAYOVITCMg CITY ATTORNEY 5 {i. BY: COOPERS & LYBRAND BY., s. TI TL DATE: is r i ry I PAGE 7 r:7 . E e tawsto ~~i E ORDINANCE NO. s j AN ORDINANCE AWARDING BID #1181 FOR THE SALE OF THE CITY'S COM- MERCIAL SOLID WASTE OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS NECESSARY TO CLOSE AN ASSET PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND WASTE MANAGEMENT OF TEXAS, INC. FOR THE SALE, TRANSFER AND ASSIGNMENT OF THE CITY'S COMMERCIAL SOLID WASTE OPERATIONS, SUBJECT TO APPLICABLE PROVISIONS OF ARTICLE IV OF THE CHARTER OF THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. for the nton WHEREAS, ovid d by both pri ate h ulers licensedtbyotheeCity is currently prro by and by the city; and WHEREAS, the City desires to sell a portion of its Solid Waste { collection operation, including certain customer accounts, vehicles and equipment to Waste Management of Texas, Inc.; and > WHEREAS, Waste Management has agreed to provide service to any customer who desires service in accordance with the terms of the Solid Waste Management Service Contract; and continued WHEREAS, the City finds that tManagem nt andvother licensed ision of Solid Waste collection by the city, Waste + private haulers pursuant to this Agreement and license agreements will solid ensure continued effective waste itizens of the City of Dent n;NOW, THEREFORE ion service for the THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt i gECTIM i. That the Council hereby awards bid #1181 (purchase offer for Commercial Solid Waste Collection System) an ofthArticlee is hereby authorized, subject to applicable provisions IV of the Charter of the City of Denton, Texas, execute documents necessary to close an Asset Purchase Agreement between thetranCity the Denton and Waste Management of Texas, Inc. and assignment of the city's Commercial Solid Waste operations f unterms and der the made contained a part hereof. a copy of which is attached hereto i UCTI`ON 1A That this ordinance shall become effective im- madiately upon its passage and approval. PASSED AND APPROVED this the day of April, 1991. BOB CASTLEBERRY, MAYOR 1 I i 1 (klM~lpfi•bYg"99.+; .qf uulw)r+M~;rM1 eAY!W4•a,,rtTfii.. M"~,..n n.._ ~ ~ r l I 1 ATTEST: JENNIFER WALTERSo CITY SECRETARY . BY: ~f APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITC3t CITY ATTORNEY r E ~ t dMr Br: .1 a , t sr ' l ray^. . i.„,_,, ,.a , , . _ ....»..,...n+.f:rrwiH►?i'iGNStiY",~i~{V~d'AItl3n~f.AY•r,nww....... .ra ~ ~ k : . }I SOLID WU-TZ ` This solid Waste Management service contract (the "Contract") I is made this day of , 1941 by and among Waste Management of Texas, inc., a Texas corporation (the "Purchaser"), and the City of Denton, Texas, a Texas home rule city (the "City or seller") . Ugit~lli ~ ' Pursuant to 5167.117 of the Texas Health and Safety Code, a t city may contract with a person to sell all or any part of a solid waste management system. The City desires to sell, transfer and assign to the Purchaser and the purchaser desires to purchase from the city certain City equipment and accounts associated with the commuraial and t industrial solid waste collection operations of the City, all as hereinafter provided. igiL~t In consideration of the premises and the mutual representations, warranties and covenants and subject to the , conditions herein contained, the parties agree as followef € to purabase sale ai Laata &sA olasistc. eeatiae i.i Parshaaed Alsats. The city agree to and will sell, transfer, assign and deliver to the purchaser at the ! Closing (as hereinafter defined), free and clear of all liens, claims and encumbrances, certain assets of the City as they exist I t at the Time of Closing (as hereinafter defined), which assets are hereinafter collectively referred to as the "Purchased Assets" and shall include the following: (a) all trucks, containers and other fixed assets owned by the City, as identified on Exhibit 1.1(a) along with certificates of title, vehicle maintenance records and copies of customer contracts; ' (b) all right, title and interest in the commercial and industrial contract and non-contract customer accounts, and other a rights to provide services to the commercial and industrial f- customerr of the City which exist at the Time of Closinq, as identified on Exhibit i.i(b) (the "Commercial Customer Accounts List") not including the City's commercial solid waste collection { service contract with the University of North Texas; (e) the assignment of manufacturer warranties on purchased assets, if any, if such warranties are assignable; and ; (d) any and all qoodwill related to the foregoinq. seatLU 1.2 Pnranase PrigA Parmeal. (a) The Purchaser agrees, subject to the terms, conditions and limitations set forth in this Contract: (1) to pay to the City the total sum of $1,900,000 for the Purchased Assets and agreements contained herein (the "Purchase Price"); and (3) to pay any transfer, sales or other taxes, fees or levies including motor vehicle sales taxes, title, license, -2- 1 registration and transfer fees arising out of the sale of the Purchased Assets pursuant hereto. (b) The City will pay and perform obligations under its existing loans or other forms of indebtedness (certificates of obligation). section 1.3 zZaluase Liabilities. Anything to the contrary in section 1.2 notwithstanding, Purchaser shall have no responsibility whatsoever with respect to the following liabilities, contracts, I commitments and other obligations of the City (the "Excluded Liabilities")1 (a) any obligations or liabilities of the City arising under this Contract] (b) any obligations of the City for federal, state or local income tax liability (including interest and penalties) arising from the operations of the City up to the Time of Closing or arising out of the sale by the City of or otherwise relating to the Purchased Assets pursuant hereto= (o) any obligation of the city for expenses incurred in connection with the sale of the Purchased Assets pursuant heretol (d) any other liability or obligation of the city existing as of the Time of closing. section 1,4 eta. sa 01ase of the Clesiaa. The Closing of the ` sale of the Purchased Assets (the "Closing") shall take place it the offices of the City at 3100 p.m., local time, on may 7, 1991 (the "Time of Closing")) provided, however, that if any of the conditions precedent sat forth in Section 6 of this Contract have -3. 3 . < ...vi-'w .F: t c~:.~:+r.0. a.x.d:bdradl'+N J M it . it ` said date, then the Closing shall not been satisfied or waived by 1 take place on a subsequent date within thirty days from the Time of closing. Before the expiration of the thirty day period set forth above, the parties may, by mutual written agreement, extend the date for Closing. eaoti0alA YL441911;- **a closica. At the closing, the the parties and the completion following actions will be taken by of each action shall be a further condition to the Closings (a) the city shall deliver to the Purchaser, in form > satisfactory to the purchaser, a bill of Salo for the Purchased Assets, certiticatoo of title relating to the motor vehicles, an r assignment of customer accounts and contracts, copies of custoasr k R; contracts, and vehicle maintenance records and b wire i (bj the purchaser shall deliver to the City by ; transfer or cashier's check in the amount of $109000000. City Z inns and * rranties of the..Sily• The ` f warranties and covenantst makes the following representation.► The City is esctio=•1 oresnisat on. power and_~i~~ a home-rule city duly organized and legally existing under the lava of the State of Texas and has full corporate power and authority, 5 , subject to City Charter provision (but the City represents that to o: the Tise of Closing, City Charter provisions have been satisfied), (a) to own or lease its properties and to carry on its business as it is now being conducted, (b) to enter into this Contract and to sell, convey, assign► transfer and deliver the Purchased Assets to the Purchaser as provided herein, and (c) to *POWER carry out the other transactions and agreements contemplated hereby. section 2.2 Ownership or pAirchased Assets. The City has good and marketable title to, all of the Purchased Assets, free and clear of all title defects, lions, claims or other encumbrances of t any kind or character. E Section 2.3 IgggaMdinQS. Except as set forth in Exhibit ar 2.3, there are no orders, decrees, judgments or stipulations currently in effect issued by any local, state or federal judicial or quasi-judicial authority in any proceeding to which the City is or was a party or by which the City is bound relating to the City#@ commercial and industrial solid waste operations or the Purchased: y' Assets. The self insurance coverages of the City are adequate in character and amount to pay all liabilities relating to the matters described in Exhibit 3.30 Section i.4 gq~yraial Customer Aaaou.yA List. The Commercial customer Account List identified in Exhibit i.l(b) is accurate and complete as of the Time of Closing in all material respects and ~ there are no material batters as to which appropriate entries have not been made. The City has not terminated its contracts with customers with whom the City has written contracts and has not received notice that such customers have terminated their ¢ contracts. The city will furnish to purchaser at the Time of Closing a liet of all such commercial and industrial customers whose accounts are more than sixty days past due. r dR r 1 seat 9n l.s cJyliance With Lars. Except as identified in Exhibit 2.3, the City has not received notification of any past or present failure by the City to comply with any laws, regulations, permits, franchises, licenses or orders applicable to its commercial and industrial solid waste operations or the purchased j Assets. Without limiting the generality of the foregoing, except r as identified in Exhibit 2.30 the City has not received any d, notification (including requests for information directed to the city) from any•governmental agency asserting that City is or may be a "potentially responsible person" for a remedial action at a waste { storage, treatf-.*nt or disposal facility, pursuant to the provisions of Comprehensive Environmental Response, Compensation and Liability; ' Act, or my similar federal or state statute assigning responsibility for the costs of investigating or remediating . releases of contaminants into the environment. p IF sectionn_i.s Aulayse Katters, set forth on Exhibit 2.6 is a complete and accurate list of the name, years of service, present . position, and rate of compensation of each of City+s current employees who are employed in City's commercial and industrial I solid waste collection operations. To the best knowledge of the City, such employees will be available to be hired as employees of the Purchaser. Section 267 pus ,utherisatient minding ObligAtion, The execution, delivery and performance of this Contract and each of the other agreements contemplated hereby and the consummation of the transactions contemplated hereby have bean duly authorised by i { all necessary legal action of the City. This contract has been duly executed and delivered by the City and is a valid and binding obligation of the City subject to applicable city Charter provisions (but the City represents that as of the Time of Closing, City Charter provisions have loon satisfied and this Contract shall be valid and binding on the Zity) enforceable in accordance with its terms. Neither the rxsct.tion and delivery of this Contract nor the consummation of the transactions contemplated hereby wi11t (a) conflict with or violate any provision of the Cityls charter or of any law, ordinance or regulation or any decree or order of any court or administrative or other governmental body which is either applicable to, binding upon or enforceable against the city; (b) result in any breach of or default under any mortgage, contract, agreement, indenture, will, trust or other instrument which is either binding upon or enforceable against the City or the Purchased Assets; or (c) impair or in any way limit any, r ` governmental or ottioial license, approval, permit or authorization of the City. 1e2ti2a z.s COeies of baaamaats. The City has previously furnished the purchaser with a true and complete copy of each agreement, contract or other document listed on the txhibits hereto. ~r ■eatias 2.1 saauraa* et intormetiaa rnraisbel. No representation, statement or information made or furnished by the City to the purchaser, in this Contract or in the various exhibits to this Contract, contains or shall contain any untrue statsment of -7- f ~ - :kT A.4't i r ~ w+.vaa a material fact or omits or shall omit any material feet necessary to make the information not misleading. 36 Aeeresentatiens and Warranties of Purchaser, The Purchaser makes the following representations and warranties: section 3.1 orcaninatien. Power and huthoritya The Purchaser 3 is a corporation duly organized and validly existing under the laws' of the state of Texas, with full corporate power and authority to f`f enter into this Contract and perform its obligations hereunder. 1 deetiQn 2a2 Rye Authorisaticai lindina Obliastis. The execution, delivery and performance of this Contract and all other agreements contemplated hereby and the consummation of the transactions contemplated hereby have been duly authorised by all necessary corporate action on the part of the Purchaser. This Contract has been duly executed and delivered by the Purchaser and is a valid and binding obligation of the Purchaser enforceable in accordance with its terms. 4e. 1►dditional kareement■ of the city# i dlction 4.1 Conduct of Business_landiac the clesine. Yrom and after adoption of an ordinance. authorizing the execution of 3. I this Contract, and until the Tina of Closing, except as otherwise provided by the prior written consent of the Purchaser$ the city will have conducted and will conduct its commercial and industrial solid waste collection and operations in the manner in which the same have traditionally been conducted, and it will use its best efforts to (a) preserve such operations intact, (b) keep available r. k~M1Yv'1j. M to the Purchaser the services of its employees and (c) preserve its relationships with its customers and suppliers. section 142 Mossy to the citr►■ plants lrgmar +s Recordes From and after adoption of an ordinance authorizing the execution and delivery of this Contract and until the Time Of Closing, the City will afford to the representatives of the Purchaser access, during normal business hours and upon reasonable ,rte notice, to the City0s premises sufficient to enable the Purchaser to inspect the purchased Assets, and the City will furnish to such representatives during such period all such information relating to the foregoing investigation as the Purchaser may reasonably' request. 3 ■ectioa a.l Liability for as nun, The City will pay dll' i expenses incurred by the City, in connection with the negotiation, execution and performance of this Contract, whether or not the transactions contemplated heroby are consummated, including the fees and expenses of agents, representatives, accountants and counsel for the City. i seetiem ass III4~Sfleat1ons To the extent permitted by law, from and after the Time of Closing, the City agrees to defend, indemnify and hold the purchaser and its affiliates harmless from and against indemnitiable damages of the Purchasers For this purpose, "indeanifiable damages" of the Purchaser means the aggregate of all expenses, losses, costs, deficiencies, liabilities and damages (including attorneys$ tees and court costs) incurred or s~iffered by the Purchaser, or any of its affiliates or its 1 w k .w.7V 1 { affiliates' directors, agents or employees, as a result of or in connection with: (a) any claim, demand, cause of action, or occurrence, act or omission of the city with respect to the City's commercial and industrial solid waste collection operation i including the purchased Assets (except those occurrences after the ,t Time of Closing that arise in whole or part from the City's r.4 maintenance of the motor vehicles and equipment prior to the Time of Closing), which existed or arose from the City's commercial and ~•^r industrial solid waste operations and prior to the Time of Closing and which causes damage to the Purchaser or its affiliates and, (b) any default in the performance of any of the coveinants, warranties or agreements made by the City in this Contract. aaotion a.! Cove ant-not-To-Conate faeest. The City, agrees that for a period of five years from the date of the execution of this Contract, the City will not conduct commercial and industrial solid waste collection activities nor will the City prevent Purchaser from providing general commercial and solid industrial waste collection services so long as Purchaser provides services consistent with such regulations as the City determine are necessary to protect tho health, welfare and safety of the citizens. The City shall be released from this covenant, as its sole remedy under this contract, if: (i) the Purchaser is in default for failure to provide Adequate Commercial and industrial Solid Waste Collection Services (as hereinafter defined) and (ii) Purchaser shall fail to cure such default within thirty (30) days ' after written notice specifying such default, or if such default i -10- 9 S+¢rw+~ T cannot be cured within a 30 day period, the Purchaser tails to commence curing such default within the 30 day period and diligently pursue such cure. If such default cannot be cured within a 30 day period, the City shall have the right to provide or arrange for commercial and industrial solid waste collection services on a temporary basis pending Purchaser's cure of such default. Adequate Commercial and Industrial Solid Waste Collection services shall mean the level and quality of industrial and solid waste commercial service normally provided and in accordance with applicable law to commercial and industrial solid waste customers in Texas cities similarly situated to the City of Menton. Notwithstanding anything contained in their section 4,5 to the contrary, the City may perform, during such S year period, solid 1. waste collection activities associated with city disposal of sludge generated from City pollution control facilities, water and wastewater facilities, and solid waste collection activities associated with city recycling drop boxes and service to the University of North Texas during the pendency of the City's existing contract with the University of North Texas. S. Await/eeat Aarrsamants of tna Purchaser ; The Purchaser will pay ■e t om_i.i all expenses incurred by it in connection with the negotiation; execution and performance of this Contract, whether or not the transaction contemplated hereby is consummated, including the lees and expenses of its counsel and auditors I section S.Z Cemmeraial collection aerviaes. (a) The Purchaser agrees to assume commercial solid waste collection services for the City's commercial customers at the Time of Closing and to continue to provide Adequate Commercial and industrial Solid Waste Collection Services to all commercial customers requesting . j such service for the duration of the covenant not to compete contained in Section 4.5 above. i J (b) The Purchaser shall be subject to the continuing police power of the City to regulate the provision of commercial and industrial solid waste collection services as may be established by ordinance from time to time. section s.! Cammercial Rates. The Purchaser and the City agree that the rates reflected in Exhibit 5.7 which are in effect at the time of execution of this Contract for customers reflected in Exhibit 1.1(b) will not be raised for 90 days from execution of this Contract provided the City does not direct the disposal of commercial and industrial solid waste. s6atiem SA 2=12206 Matters purchaser agrse5, continq"t upon satisfactory physical and drug screening administered and evaluated pursuant to Purchaserfs current policies, to "ploy the persons identified in Exhibit 2.6 for a minimum period of six month' period at their current rates of pay, Such employees shall be eligible for employee benefits provided by Purchaser to its employees of comparable status provided however that such amployees i shall receive health care coverage for pre-existinq conditions if such conditions are currently covered by the Cityfs medical plan, -12- i j y w. tan NnN: T~ R 1 vacation entitlement as if the employee had been employed as of the data of employment with the City► and to the extent permitted by law and Purchaser's retirement plan such employees shall be entitled to rollover and reinvest retirement funds withdrawn from employees, City retirement plan upon termination of employment with 10 the City. If it is the Purchaserfe intention to terminate any or all of the personnel at the and of the six (6) month period, fr ; Purchaser will give the affected employee at least thirty day►s notice. ~etien s.s fiaatiese To the extent permitted by law, from and after the Time of Closing, the Purchaser agrees to^ u" defend, indemnify and hold the City harmless from and against indemnifiable damages of the City. For this purpose,: "indemnitiable damages" of the city means the aggregate of all ; expenses, losses# costs, deficiencies, liabilities and damages (including attorneys' fees and court costs) incurred or suffered by s the City, or any of its agents or employees, as a result of or in connection witht (a) any claim, demand, chime of. action, or occurrence, act or omission of the Purchaser with respect to its commercial and industrial solid waste collection operation including the Purchased Assets which arise from the Purchaser's commercial and industrial solid waste operations and after the Time r. of Closing and which causes damage to the City and, (b) "Y default in the performance of any of the covenants, warranties or agreements made by the Purchaser in this Contract, The Purchaser shall indemnify the City for all personnel claims arising from or , 1 t • F'a±YMSy■ III ~ relating to the transfer of City employees pursuant to this Contract. @potioa s.a >'ossessi n of purahasad 7►ssl~t• (a) cull complete and unobstructed possession of the Purchased Assets shall be delivered to the Purchaser at Closings (b) Purchaser shall take possession of Purchased Assets ' at the Time of Closing; and (o) The Purchaser shall romovo or cover all City markings including the City logo and phone number from vehicles prior to utilizing such vehicles and from containers within 14 days from the '0 Time of Closings s. Conditions to the 49 lion! a The obligation of the Purchaser to purchase the Purchase Assets shall be subject to the fulfillment at or prior to the Time of Closing Of i each of the following conditionst Certifiad Qrdinanomss The City shall have delivered to the Purchaser copies of ordinances adopted by the governing body of the City authorising the transactions contemplated by this contract] certified in each case as of the Time of Closing by the secretary or Assistant secretary of the City. r +aYersa Litiaaties. Thor* shall not be Pending or r threatened any action or proceeding by or before any court or other governmental body which shall seek to restrain, prohibit or invalidate the sale of the Purchased Assets to the Purchaser or any other transaction contemplated hereby, or which might affect the -14- .fir,. a,y i { right of the Purchaser to own, operate in its entirety or control the Purchased Assets. Completion et AeView by the PurohaaaL• The Purchaser shall have completed its business, accounting, environmental and I legal review of the City's business and assets, and the Purchaser shall, in its sole discretion, be satisfied with the results of such investigation or otherwise waive this condition. AMi1 A"r ameats of the Parties, 7. seOtioII 7.1 SU12 ~tiGSMM Payalea ~t ~wA 1ls IL LOMA a of Parties it i3 the intent of the parties hereto that City shall serve its customer accounts until the Time of Closing and Purchaser shall take over service with respect to the Customer Accounts at the Time of Closing. with respect to the Customer Accountsl (a) the City will serve and bill its commercial accounts through the Time of Closing, The revenues received from the commercial accounts shall be divided as followst , (1) Purchaser shall be entitled to all income t { generated from the rendering of services by Purchaser with respect k to said accounts on and after the Time of Closingl (Z) the City shall be entitled to payments received for the prorated amounts billed on those accounts for services rendered by City prior to Time of Closing. (b) If any customer whose account is transferred hereunder pays Purchaser for services rendered by City prior to the s. Time of Closing, Purchaser shall promptly pay said amount to Cityl i r a kl 1 Z (c) City shall promptly pay to Purchaser all payments on the customer accounts transferred hereunder which are received by city for services rendered by Purchaser on or attar the Time of Closing; (d) Neither Purchaser nor City shall be obligated to I.. collect any accounts receivable on behalf of the other. r Section 7.2 Usantion of Yurtbar Documents, From and alter the Time of Closin upon the reasonable request of the Purchaser, i the City shall execute, acknowledge and deliver all such further 3 documents as may be required to convey and transfer to and vast in a t}p. the Purchaser and protect its right, title and interest in all of y the Purchased Assets, and as may be appropriate otherwise to carry out the transactions contemplated by this Contract. s, general Provisioas. daction 2.1 Survival of Reareaentations aLnd Warranties, All of the respective representations and warranties of the parties to this Contract shall survive the consumrA tion of the transactions contemplated hereby. Section 6.2 sreterot Csmiea. Each party hereto will indemnity and hold harmless each other party frost any commission, fee or clais of any parson, firm or corporation employed or retained or claiming to be employed or retained by the indemnifying party to bring about, or to represent it in, the transactions contemplated hereby. ~ qV 1 Y 0 1 ~ I . The parties hereto s~etiam a.1 may amend, modify and supplement this contract in such manner as may be agreed upon by them in writing, This Contract shall be binding j upon and inure to the benefit of the parties hereto and their *gal representatives ! respective t~lccessors, assigns, heirs and l. This instruuent and the _ASxamall j6.1 Exhibits attached hereto contain the entire agreement of the ed As parties hersto with respect to the purchase of the purohesesal, V and the other transactions contemplated herein, and sups prior understandings and agreements of the parties with respect to j the subject matter hereof. Any retemico herein to this Contract ! shall be deemed to include the Exhibits attached hereto. The d. oriptive headings in this Contract are inserted for convenience only and do not constitute a part of this Contract. This Contract may be ..w~~ ~.7 a.wit~lA~ la CatlStermaYt~• number of counterparts, each of which shall be executed in any doomed an original, wtien .t igu~ Any notice, request, iniorsatiM or V ` .i document to be given hereunder to any of the parties by any other other party shall be in writing and shall be hand delivered or cant ; or by overnight by certified or registered mail, postage prepaid, Of its { r courier service requesting evidence of receipt as part "ervice► as follows: (a) it to the city addressed tot { l l ! r I f t city of Denton Attentions City manager 215 East McKinney Denton, Texas 76201 (b) If to the Purchaser, addressed tot Waste Management of Texas, Inc. I , 1320 Greenway Drive, suits 900 Irving, Texas 75036 Attns Region Manager ' " Copy tot sa . Waste Management of North America, Inc. 3403 Butterfield Road Oak Brook, Illinois 60521 ATTNt General Counsel Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address as herein provided. Any notices given hereunder shall be deemed given on the date of mailing. Raotion s.• ■ever Luft. it any provision of this Contract is determined to be illegal or unenforceable, such provision will A be deemed amended to the extent necessary to conform to applicable law or, if it cannot be so amended without materially altering the i 4. intention of the parties, it will be deemed stricken and the remainder of the Contract will remain in lull force and effect. 11eali_en s.i4 dnrerliza La1[~ This Contract shall be governed t by and construed in accordance with the laws of the State of Texas applicable to contracts 'ads and to be performed herein. 1 seatie_ .11 ~l~1tl• Venue for actions or suits arisinq out n of this Contract shall be brought in Denton County, Tex44. r w: #y t . 4. t'. . ` , .r.' . rJ.. , e'.i Af+75TI't~YWilv~4ka1'~'1{7 by .4 i section s.i2 Police Novas This contract does not waive the ' city's police power to requlat+ the provision of commercial and industrial solid waste collection services. iN Ifi'1'!i=stl W=Ior, the parties hereto have caused this contract to be duly executed as of the date and year first abov+ t+ written. Ya'z I Q "a p~. i x1,.~rs 1n►taaaue» or o:~c or as~nro>< ; r r~ '1'611// two, Sy l Byt , a Names Names ; Titlet Titlst .w 17 IsT 4Y, '19. i r r r f.n -s..ru. +Irw 41FWN. A - n Myn'M mamffs Mention Of canuut mithieOt hatter exhibit Musket Assets 1.1(a) i.i(a) trreuckrinaontainers# fixed assets 4.. 111(b) 1.1(b)i, V 2.41 5.3 comsercial oustottcr 7 t, account list. commercial oustossirr of City .xi.t at tits of closing • City ps thdibte tteag ` L.3 ) 1'3(b), forms.of inddbtddnesG ; 1.4(d), 2.3 relating to Assets: 2.3 Ordsr l decreds i ~udgyur~ss ' . V 2.3 ,s to which City is or°vas a 2.5 relating to cosmeuoial solid ward motifidstien of violations . ; r List of 6201W46 2.6 2,6 rssociab" with 6;,&erotai 1 ' 5.4 waste 661166ti6A inoluditlg , f address ysass of'servisd; ` et0~ s.3 Cityls oosmdrdiai rats w. ~1 5.3 P i ~ aw Lea Bill of Gals; e.1 Certified groinanoo - I f )(V ~ 1 . /Jrr~,r i~ Yrs_... .....Ia. Mw .na4:LLiiMn"• t n k k I YFRM'x•Y,•ii»n`rl'R"'.'!A:. .SY :,;w.. :y, 3,w f'~..t.. Sfq/r?.,Yiw lyp.ly~" PS'rY F"1'Yt"YWI.:.n. ;r 1. t ~ A t^7r. 1 1 4 aM EXH282T 1 • t '1~ . lA T ~ tti~IJ N ` 1 "II ~ n I 1E( A ~ r OPERATING ASSETS 1j1j gf • E1 ~ r'll 1a f I'}.#. jn y F ~ b rl 1 t.fr PJ , r ~ 1 ~~~r Kt 1 rll y J .A ~ :sf •1 ~~gg r . f u... vy..HK.M aI✓bi:VUau..r 1'A 5r l`tf.j~}` .a...o-:x,. •av~t.1»J1.41 3 ~ ~ Nrt~iT#i%6~:'.~71Ads~~~ I r . s } I I : i. E h EVIBIT 1.1A , SLID AUX OF CONTAINERS/EQUIPMENT TO BE SOLD ; SIDE LOADERS 2 Cubic Yard Containers 254 3 Cubic Yard Containers 702 ' 4 Cubic Yard Containers 97 FRONT LOADERS 3 r'jbic Yard Containers 10 . 6 Cubic Yard Containers 9 8 Cubic Yard Containers 51 ` OCMPAMRS 12 Cubic Yard Containers 5 ' 15 Cubic Yard Containers 1 j t . 20 Cubic Yard Containers 2 2$ Cubic Yard Containers S - 30 Cubic Yard Containers 6 E 41, Cubic Yar.i Containers 12 ' OPEN TOPS 1. 15 Cubic Yard Open Tops 30 Cubic Yard Open Taps 13 40 Cubic Yard Open Tops 2 f SLt•M4RY ! OMM4ERCIAL 90I.1D WASTE . VMICLFS TO BE SOLD RIGM MIS 0 DESCRIPTION 2026 3687 82 FORD FROM' LOAD 3 r 2012 8653 86 FORD SIDE LM .010 8652 06 FORD SIDE LW 2030 8911 89 PMMILT SIDE GOAD 2001 8504 84 PE1'EN>lILT POLL-OFF 2006 42901 83 MACK 11OLL.6FF; ' 1695 0436 83 MD69 3/4 TON PICKUP 1024 9046 90 FORD SIDE LOAD 41 4+" v 1~ .a wr' 1W2/110290041/1 i t ri i Pry 4 1. i ZXHZB=T 1.1H r , r } Ali ~ ~ }♦<f~j~. 1 A r ^X r" 1 C~ ~Dr ~ Ins r ,k,kNALL =TXMS CONTA=L~tIlCfl i TH~}S ZXHIS='Z' MAY 8ffi SVS►7CZ" TO c"JU403a'~` w k (y F y'; r it ~ r r •}i. r i ~ j pr M1~n r -1 l- 4 1 4 ~ d•• . ii g ~Y ~ (nY.~ i f 0 y 1 t k ~ wa.«a i GF:DINANCE NO. r SUBJECT TO APPLICABLE PROVI" AN ORDINANCE AUTHORIZING THE MAYOR, OF THE CITY OF DENT ON, TEXAS, SIONS OF ARTICLE IV OF THE CHARTER AND TO OTHER ND T ONS i TO MANAGEMENT OF STATION AGREEMENT BETWEEN THE CITY OF DENTON MANAGEMENT OF AND TEXAS TO WASTE ACQUIRE, CONSTRUCT AND OPER• REQUIRING WASTE LID WAST91 AND PROVIdING AN ATE A I TRANSFER STATION FOR HANDLING SO TE A EFFECTIVE DATE. ,f l THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt authorized, sub3oct to That the Mayor is hereby nmi0 I. ° applicable prove charter of the ~iotYeX,t isions of Article IV of th Tsxas, and to the provisions of Section II h orsOft Denton and Denton, waste Management of• cuto a Transfer Station AgreInc., retquiri g the City f waste management of Texas, : Texas to acquire, construct and operate a transfer station for #1 handling solid waste, under the terms and conditions contained,in a copy of which is attached hereto and made a part the Agreements heref . That the Mayor ths time of closing of the Solid Hff YI following Agreement immed iately of April, Icon Warts Manngo rdinance adoptedton the 16thedayed in said contract i approved by o a~rrieN IiL That this ordinance shall become effective im- mediately upon its passage and approval. day of April, 1991. PASSED AND APPROVED this the BO6 CASTLEBERRY, MAYOR ATTESTS 4 JENNIFER WALTERB, CITY SECRETARY BYt APPROVED AS TO LEGAL FORKt DEBRA A. DRAYOVITCH, CITY ATTORNEY a BY 1 is ~ Y.i Mal A v 6 WMI 1 , P.2 ' APR 12 '91 14=55 BIGCERSTPFF, HEATH, SM;LE1( TRANSPEA STATION AGRESKM r , I s This Transfer Station' Agreement (this "Agreement") is made i this day of r!1991r by and between the C'.ty of `r t I Denton, a home-rule munlcipality o'cganized under the laws of the j State of Texas (the "Clay"), 'acting by and through its duly authorized offioera, and Warta Management of Texas, 2nei, a Texas s corporation, acting by, and through its duly authorized officer y ri` t. ("Waste Management") (sometiedescoil eotively the "Parties W; TNESS tT',H 4 WHEREAS, pursuant to S 961,117 of the Texas Health and Safety M, 'y Code, 1 1 ~A Waste Management .deai~ss to acgu,ire, construct and operate a Transfer station for-hapoling Solid Waste (the "Transfer ] M Station"), and, the City /diairas .that a transfer station be I.Y. available for disposal of all, Solid waste generated, collected and hauled within the Clty',e boundariu and for which the Teanefer Station is lawfully permitted for disposals during the tares of ! this Agreement, subject to, tt{e: ter,MS and conditions hereof, ' < I r NOW0 THZRtPOW for ;*and in `consideration of the itutual • oawnante, undareaKings anj romlaes of the airy and waste ~.P[ It: Management contained herein, add other good and valuable Consideration, the receipt Ana 'Sufficiency of whloh are hereby, aoknoaledged and confaased, the City and Waste management do hereby 6 !lovenant, promise and agree ai followal 1 IY" o. 1 1 I . ~ i+XN . v,. . K..r iL°c e;id'auA,•JplM-r°i r.+ Nrb{hl~" k'j 1 owl 411 N 1 i APR 12 91 14156 SICKERSTAFF. 4CATH. SMILY, P.3 i Section 1. Definitions. The 'following capitalized terms utilized in this Agreement shall be defined as set forth below. Terms not defined 'in this section i:shAll have the meaning set forth elsewhere in this'Agreement. (a) "5o1id Waste"~sh&11 mean Any garbage, rubbish, refuse, ; sludge from a wastewater treatment' plant, water supply treatment plant or wastes from Air pollution control devices and other discarded material, including .iolid,' liquid, semi solid or contained gaseous materiakreaultiilg feels industrial, aluniaipal, Commercial, mining and a gri'cultural-;oparations, and from community } and institutional, activities, byt d6iir not, include sludge fro municipal water or wastewater treat m4nt:fa0111t146 or wastes from ~t other municipally owned pollution,,control devices or regulated "Hazardous, Toxic or Radicactive Wastes,": as defined by applicable federal, state or locallst+tutem`or,regulations. (b) "Residential Waite" shall -mean Solid Waste from structures, houses or buildinos ocoupied as a dwelling centkining no more than four dwelling unity sa referenced in the City of Denton Municipal Coda which is generated in the City. (o) "Special Waste" shall meanSolid waste whiph because of . its physical, chemical or.bioogiCal'properties may pose a danger to the environment' if i,pp'roperly. dandled, transported, treated or disposed, or solid Wast's' which because of its miss, quantity or i Containerization may damage or may hinder the operation of the Ttansfer Station or its amsoeiated equipment, including but not 'r. -Z- it r: 1. wall F i P.4 APR 12 191 14157 HICKERSTFiF, HEATH. SMILEY i limited to, those specific, categoiies of Special Waste identified in Appendix A. (d) "City Landfill" shall the mean existing landfill located y on roster Roadr Denton, Texas. (e) "Oats yard" shalh m:an'solid waste volume equivalent to a three foot by three foot'by three foot volume or fraction thereof a. . ` as Meaeueed at the Jale. ]N L Uiv puipuee Vf me•auiVmaut at thr ~ , . .,4. gate, Solid Waste hauling 4ihleles,:ahall be doomad to deliver such 5y vehicles' maximum capacity gate yardage upon each delivery. (f) "Transfer Station" shall mean.an enclosed building to be constructed by Waste Management in accoe4anee with this Agreement r: and associated property ppecific,011y designed as a teceivinfr; handling and loading facllity tea solid waste from where Solid Waste is loadad into transport yehinles for appropriate use or disposal at another locatigna .t • (0) "Subtitle D RCRA" means the Resource Conservation and Recovery Act of 1976 SS 40D1-4010 as amended from time to time r jh) "DFW;Landfill" shall mean the existing landfill located at Bennett and Railroad in, tewievilie, Texas (i) "Permit(s)" or ,.'Permitced"'means all final permits issued by appropriate granting authority neon nary to operate and construct the Transfer Station/. Beck Term of AgreementEzcept as otherwise set forth in this Agreement, the in of this Agreement shall be twenty (20) years ("Initia~ time"), commencing upon the effective i! . date I . _a,, a . e a y..w , , a 1 My< F 11 , AM 12 '91 14157 HICKERSTAFF, HEATH. SMILEY' P'5 Section 3. Termination. ;NQtwiihstanding Section 2 above, the city shall have the right to'terminate this Agreement on the 15th anniversary date 'of the initial Term of this Agreement {the ` "Early Termination Date") by ldeiivering written notice of [ IIE termination to waste Management, At least sixty (60) days prior to r,•'.; the Early Termination Dats, coon -4, Default. In the event of a default of the terms contained in this Agreement and failure of such default to be cured b` A I within fifteen (1S) days after racalpt by the defaulting party of , z. ; written nntirp of Otnrh APFA111t JAr If 1orh Aefamlt Is of a nature that it cannot be cured within fifteen J15) days, failure of such x~,5 party within such fifteen (15) dAy period co commence curing suoh default and continuation of suchlouring with reasonable diligence, thereafter), the non-defaulting patty may terminate this Agreement upon written notice to the Qthsr'party, In the event of a default ` hereunder, subject to the stated period of notice and opportunity to curl, the non-defaulting'partylshall be entitled to all remedies available at law or in equity. My, notice of an event of default, and thereafter any notice'of term nation based upon failure to cure within the stated time 'periOQ shall detail with reasonable ' particularity the events°or circ~meiancas which provide the basis of the asserted default'Or•the a'otIon or inaction claimed by the non-defaulting party to establi h a tight of termination, No waiver or waivers of any bre&A- or default (or any breaches or defaults) by any party,heretq or Lf performance by any other party of any duty or obligation hate~under shall be deemed a waiver l R h P.6 APR 12 '91 14158 BICKERSTAFFP HEATH. SMILEY' thereof in the. future, t%or` shall any such waiver or waivers be deemed or construed to be a waiver Of subsequent breaches or defaults of any kindo character of description, under anY circumstance. 4 soot ion 5. Transfer _GtationI' Location and Acquisition of Transfer station Site. f4 (a) Waste Management shall'' in good faith and with due t;° , ,+X ~r e locate a suitable site for the construction Of the' diligenc Transfer Station within the City, limits or within the extra territorial jurisdiction of the City as it exists at the time 4Er execution of this Agreement'ullaas the City agrosa to soother ~'dY~-,, which agreement shall not be location ("Transfer Station' Site")$ i unreasonably withheld (such, location riot to exceed M. distance of If greater than six miles from the. Denton County Court h6uld), tion outeide the City n fer Sta Waste Man*90ment 1oc;atee the T4a Waste g I' limits and ex traterritorirl juc4diotion of the City, to ehe''Gity, ennuslly, on or beEoce Maceh 1 of Management shall pay y each year (prorated lo,r aisy;parti'al year of ownership) is sung equal to the ad valorem taxes the city .would have received from Waste Management atteibutable,to she TKan'sier Station had the xraneler station been located within'CO ate limika of the City, The City • talon and 'C1Ji d3llgenca to assist waste .I ` • eh ail exercise good Management in locating and evaluating a suitable Transfer Station ation within alts by making avaiiablo to'W1~IIte Management lnrorm too .r omplish such task, City's possession reasoliabiy ned4osary to ace k wJ iN F APR 1Z '91 14159 BICKERSTAFF, HEATH, SnILEY . r. (b) Subject to the' terms of this Agreement, Waste Management shall constructor cause to, be constructed the Transfer StatioP. Oft the Transfer Station Site, including, but not limited to, development, construction, equ,lpping and otherwise completing all improvements related thereto, A11"otters relating to development and construction of the Transfer Site shall be controlled by Waste}'' Management, in its sole and absolute discretion (subject, however,; to all applicable federal, state and local statutes, ordinances and r, r "Al a~~~~ regulations), waste Manage ~neA ggross to moot with the City during k , the planning and construction-'Pb$ses of the project, on a monthly baoldr to dalivor a otatuo report;tolating to the Oranafor Ctation* waste management agrees'. to provide the City with access to &41 project reports, correepondengg to 'and from local, state and t. federal agenoiee relat 9 to,',,the Transfer, Station or this' x: Agrooment, all project ~ engir ootitig ,and design data, all test reports and results, all plans and specifications relating to the ` project and any and all ptcmit appYications. y=„ Section _ Transfer Statibnt; Location and Acquisition of Clty Site (a) TO allow Volta .lrana'gemtdt an alternative alto gat the construction of the Transfer Station in the event that Waste Management is unable to locatg.•a'auitable Transfer Station Site, the City may offer for sail by ea Led competitive bids an option to purchase approximately 16 acree'of City-owned land adjacent to the current City Landfill ("Cityslte")► as described generally on Exhibit "A" attached hereto and incorporated herein, within 110 y • 1 I 4 P.e APR 12 '91 14159 BICKERSTAFF, HEATHo Si114~Y r^i days of the execution Of this Agieement, the City will determine► using its reasonable judgment and standard engineering practices, i'. the coot of road improvements necessary to properly support two-way , traffic consisting, of 45 foot transfer trailers and waste collection vehicles on the`road'betwsen Loop 286 and Spencer Road z' wfsiuh luddr to ttsu City Side ("koa'd improvements") rrior to the expiration of the 110 day period, the City may in its sole discretion, offer for salt,byAsealed competitive bids a four year , option to purchase the City'Sits. waste Management shall bid on the option and Waste Manag'ement'b'bid shall include the terms set ` forth in Section 6(b)-(g)-below; If Waste Management is the successful bidder and is awarded th*-option to purchase the City Site, the City and Waste Management agree to share 251 and 731 respectively the cost of the Clty-determined Road Improvements up to a maximum of $500,000 and such costs will be prorated an they are incurreds The City, will .bear. the `costs of all load rt;, Improvements in excess of 5500,O.G0~' if the City does not offer for sale the option to purchase ,the City-owned site by _sealed competitive bid within 120 dayAp.or'it waste Management is not the sucnsaelul h{ddPr, Wh100 Mnhn~~m nt shall be relieved from any with acquisition of the City Site. obligation to go forward (b) It within 2 y 'ere. of.;,,the execution of this Agreement Waste Management has not lopatad,.and submitted for Texas Department c of Health approval a suitable Transfer station Ots foe construction of the Transfer Station and Waste Management has been awarded the option to purchau the City Site, Waste Management ° p 7 ,.:.;•.r ,..:.y ra 0.n n',.,•Si:JI'.CSt i _ _ 1.. ..mar' APR 12 '91 15100 SICKERSTAFF.,HEATH, SMILEY P.9 shall within six months submit an application for a Permit for the City Site in accordance with the pro'vialons of Section 7(a) of this + Contract, Within such six month period Waste Management shall have completed its environmental review, title review survey of the City Site and inform the City of any`;i sues which would cause Waste 'I Management not to exercise, Its option. The City shall have an opportunity to cure any such defects. Within forty-five days alter receiving notice from Waste MAnagement, the City may warrant that r it will cure such defects prior., to closing. If City cannot $o warrant within forty-five days, waste Management shall be tali ev6d of its obligation to,shbmit the City Sit4 for permitting And of Its ' obligation to buy the City Sites however, Waste Management eh&41 not be relieved of its''obligation to pursue a Permit for a , Transfer Station under this Agreement, if such Permit 1s grantod, Waste Management shall be required to exercise its option and . olos• on the City 61tel 1ubject to applicable city charter previsions, within /S days following the Issuance of the Permit, (o) The purchase price. 6r the City Site shall bee at minimum, the lair market value',of'the City Site as of the date of 1 Neste Management's •xereis• o!`the Option. If the Parties ar+ unable to agree on the fair, market value of the City lite# each party shall appoint an MAI appraiser to detotmine the lair market value of the City Site, Each pasty shall bear the oast of Its own appraiser. If the two appralse'rs are unable to agree on the fair ' market value of the City Site within fifteen (IS) days sifter designation of the second appraiser, the two appraisers shall .R . .i P. 10 APR 12 '91 15,01 BICKERSTAFF. HEATH. SMILEY r! appoint a mutually satisfactory Mnt appraiser to determine the fair market value of the City Site. The cost of the third appraiser ; r shall be borne equally by the Parties. (d) The City and Waste Management agree that) 14• (i) the City Site shall be conveyed by Special Warranty. tfi.', fr 1 Deed. I % (ii) the closing'ot this City Site shall take place within i , forth-five (15) days after issuance of the Permits` the cost of the title policy and survey shall' a be borne by Waste Managemintl (iv) current year taxes shahs be prorated as of thi ' closing dates jet rA, (v) any and al,i other costa incurred in connection therewith shall be borne by the Parties as is customary in Oentbn County► Texas and (vi) Baste Management shall exercise the option provided 4. ,t the defects identified by Wart6,Management pursuant to SoctibA 6(b)' above have been cured by the City. {e) The City warrants t'hat' to`the best of the City's knowledge, prior to the City'i;ovaership of the City Alto, the sire was not used as a landfill'and since the City has owned the City; Site it has not been used ar a, landfill. At the olosln9, the City, to the extent permitted by law, shell agree to indemnify, defend and hold Waste ManagemNnt harmlAAA from Any AMA All 1nomonp PlA1ro9, eauivi of action, and any and all other damages, penalttis, injunctions, disbursements and I ' Sul... F f I I APR 12 "91 15=01 HICKERSTPFF, HEATH" SMILEY P.il expenses (including, without limitation, attorneys' fees and expert Ar~l leas) (whether direct or, consequential) of any kind or nature A :0 whatsoever which may at any time be imposed upon, incurred by or f. oMent;Arising out a: any aotivitlea awarded against Waste Hanag t' which were conducted on City' Sit* prior to Waste Managettnt's ` acquisition of or arising out of any activities which were conducted on the City Site prior to Waite Management's acquisition ,F per, thereof or any Release or Threatened Release of any Hazardous Waste A 'f or Hazardous Substance (as defined In the Resource Conservation'and Recovery Act or the Comprabenslva Environmental Reepolsof ~ Compensation and Liability Act) or any other violation of any 7!' Environmental Laws which are due to activities conducted prior ao" Waste Management's acquisition,-of the City Sit4o "EnviroFFS~entai CF Lewe" shall mean all laderai' state and local environmental 't - statutes and ordinances, and any rule or regulation prbmuigat*c theraunder► and any order,'.'..atandard, interim regulation, moratorium, policy or guideliga `oE any federal# state or local i goveenment, dapartment or Agoncy'partaining thereto, i' (ii) At the olopiaq, Assto Management shall Ali to E indemnify, defend and hold the city harmless from any and all's losses, alsims, causes of'.action► and any and all other damagear penalties► injunotions, 'disburiaments and expenses (including without limitation, attorneys'l fees and expert fees] (whather direct All or consequential) of any kind or nature whatsoever which may at any time be imposed upon, incurred by or awarded against the city 11 6 arieiAg out of li) any activities conducted on the City Site X10' I ' 4 P. 12 APR 12 '91 151e2 BICKERS?AFF# FFATH. SMILEY during the time Waste Management owns the City Site or (li) any f ~ release or throstoneb rolesnc'o! any hazardous vaaLa Sig S+aAaiaw%xr substance (as defined in the'Resource Conservation and Recovery Act I ,x or the Comprehensive Environmental Response, Compensation and Liability Aot) or any other violation b! say 2e1V1Lu114n19nlal Lawr during the time waste Management owns the City Slta, fr itted, The Cily ►alaa,lr . , iy111 1 (q) If tho City Ciao is, re, rln ~ of first refusal to purchase the City Site and any improvements` Including the Transfer Station on the sauce terms and under the ¢ same conditions as offared,,by a bona fide third party cad., acceptable to Waste Management Upon receipt of a bona fide offei which Wsits Management wishes to aocepto Waste Eroun a third party Management shall give the City.notics of the terms and conditions 1 . of the bona fide offer and' `the City shall have (120) dsye to - r~•. exercise its right of first'refusal, 9eotion_7; Transfer 9_tationi permitting Waste Management.shall~ use good faith and due diligenoe ~ (s) ' 4fi.o tt to obtain from the appropriate governmental authorities all r~ Permits, licenses or approvals, including toning approvals, I necessary to construct and operate the Transfer station as $oon ae' , practical attar Waste Management has assembled All inlorunatien I necessary for such governmental authorities to acgapt such y app114at1ons !or Permits. The City shall exerelse good faith and a,.. .f due diliyenee to assist and support Wyeto Msnagosent in applYldg foe and 6btaini,54 the di4,;rrra►y Vaawilr, llwu++ee eltid dipytUvals with the Texas Depactment;ot Health► or its suoasesor, necessary„ • slf 1 ,t 2 C b~ APR 12 91 i5+82 BICKERSTAFFP HEATH" SMILEY P.13 to construct and operate the Transfer stations provided the City will not be required to hire' services of s third party. Waste .,y Management will build the' Transfer Station within 180 days of ' ^r y issuance of all permits. t, (b) In the event that Waste Management is unable, sitar " exercising good faith and due diligence, (i) to acquire a suitable Ttansfor Station Site or (ii).to obtaici the necessary permits and approvals to construct or operate the Transfer Station, Waste Management shall notify the City in writing that it is unable to' r acquire an acceptable Transfer.Siation Site or obtain the necessary permits or approvals Ithoi '!"on-Approval Notice") and Weste ~ Management shall compensilte the City, as 'the City's aotle y I_ r v sa Y: o compensation for its assistancs,ind effo:ta on Waste Management's J, behalf as follows Ix) The than current gate rate in effect for the disposal of Residential Masts at the DPW Sanitary Landf Ill and Recycling tenter , (the "DPW Landfill") will terminate 90 days following receipt by the City of such Non•Approval.Notlce and be replood. by'a gets rite I f 1equal to the gate rate in affect at the DPW Landfill from time to time# less (1) $,02 per gate yard ("DPW Discount")► or (11) $143 per gate yard subject to (a) annual adjustment, based on the CPY j I Adjustment formula as of January iet of each year, such adjustmes: to commence on January 1, 1992, and (b) plus adjustment from time s to time based on the Governmental Rate Adjustment as defined in r ,14 Section 11(a)Iti), whichever is lasso ' 4Y 5 d Y1 Y 0"11 1" t . P.14 z' i PPR 12 '91 1-5903 BIdCERSTAFF. HEATH. SMILEY (y) erne City or any, person providing Residential Waste service to the City shall be entitled to receive the ON Diecount for up to an aggregate of,'1,272,800 gate yards of Residential ' Waste, provided however, for each gate yard less than 650,000 gate r f ~ yards accepted by the City pursuant to Section 19(a), the City's j entitlement under this subsection shall be reduced by two gate yards. (o) After 42 months from the anniversary data of the i<R execution of this Agreement,,';Waete tU nagamsnt shall be deemed to i hove sent the "Nan-ADDrnvnt Nrirlro" tvitsuent to section 7(b) unlace , Waste Management can show that ;all Permits necessary to construct . and operate the Transfer Station have been issued or that such r~ Permits are reasonably expected to be issued within b Months and " Operation is reasonably expected to commence within 12 monthe, or, ~ . 1 the City agrees to an extension in writing. Station 8, City's Use Of Transfer Station (a) if, at any time after the expiration of the tern of the City's Agreement Vot-to-Compite,(Section 4,5, of the Solid Waite Management Serviee Contract dated Whata': °k' i.. Rye Management is operating the Transfer Station contemplated by this Agreement and the City begins providing commoeoial and industrial I e Solid Waste service or .grants a, franchise excluding Waste I Management from provision of same, the City agrees, during; the ; term of this Agreement, to direot to the Transfer Station all jail commercial and industrial Solid Waste (except Spacial Waste) for which the Transfer Station is permitted which the City 061146tr or k. art i iJa'~. 6:,Ir er 1 : APR 12 092 1548 BICKERSTAfF. 4; ATH. SMILtY the City which is collected puriuant;t0 ey~h trar►chise granted by 1 r r and over which 'the City hA,~ legal''rauth'ority to control The r . all mme . City's agreement to dixset .Eo the'~'rr+nsEec: Station tlonood escndt ~l and industrial Solid waste ;Pursuant, legal action eontestiog r include the City's right,to di%ect 4~eh w!dstei unless {i) Waste Management ii waste Management i rsqusets the'CitY to'defadsucn ackloni and l } coetiA associated with such aoEion. 4.1 an agrees to pay legal toea ; e g eqt :ar.'rvfiacted in above is (b) The City' a eels • ent's ability to handles ooiisbt~ conditioned upon waste A0.0 V ~"id waitn pbmpiJones with all 100al, a k trsnspoct and disposa ' f state and tsderal lawsrr sa>kvt+e~ eed~rits~ee and regulations. t 'to she Teansfee 8laOlon'ail {o} The city ~g~teeiC t0 4tci0t t t a Pd~: I adthotity during the'terr of it h+4, Residential waste over, whl this Agreement.: itsr~o he Transfer direct Wt. The City's igrioao t4 (d} r ' ~t i di'•the translei of i11 Yard ;S all Residential ,Wastsldols,: not no . 14 r' waits or (ii) eourei ~iwp}~ra,te4 purbside collect+d recyclable , r materials belivered by ' ~a ed r'enyo~able "tot Lela or i residents to 'drop bo`xNb, k;ln thea~'.eVent that waste nages>rnt y iio lity at.th! taneler station Sjtej Ohio 0onstruots a tecyoling t including such r.+oyolible a' ° City wild direct'all Ae~idential t~sste,', ~ materials identified ;id il),.above, to the Transisr' station # Emir eUrkee value i recycling facility and.wast M+ina9@mont will pay ry (POs Denton} tot such cecy'Qiititle 'aiateciale~ .1e• sty . ~ ^ r 'w Mr.ra -rtbr.4i.iriC~4" .r h "WWI 1 WWI PPR 12 91 15148 BICcF PFF. KATH. 5MILEY opt Car. sett, a.et~ ion Tta1% Statlyorit ; s IWc!lA1~nt Waste Xanagea►ent rhaiii thl. nog with all l term at in comp lia Dutii,9 the tatlon, , Trans#~t:.a. olations (a} operati the eq atuti~ordinances and r local fi state and q federal, tl@e to time. !to'p, thereto as amended or relating enec&teat collected hauled (b} Accept. all 5olid':waPte' g • s during the teLm of this le ' cet,,, •rate boundarie r . p' from within the City tight to rgiect special gment0 AgrOSMOnto subieat to waste k$A 9' o! the City s q police po to t wer. waste i° 0.01, , ~ aubieat , „ ~to} 9e t►~ilt ~0omp'nlation. y s =t 10.: Cit L{adEt. closors complete ea 'tta to (a} To aeaiat tM CiEy in ii!?R••:;pl'ntation o! Subtitle b 0! r Lot `to ttll ' Lmple 'T L7ndtili p 1. 4. he city 'Landfills up to City t tha 4, sh~il,deliyar,~Q wc1kJ1, waste Nansgeaant 1 solid Otte t "Ciaa4re Y#baga")o! municip+~ 654000 Bats yards (the to the city Landtili. ehe Tta a b! operation o eegnt; . (b) or to coauaanc Nalta LOVaI llotiCaf o! ' Lion pD j raotipt by .`ihe' ,Cit$,•' : station or 1,4 , ltanagaa►ent and the City .agt'ee that};I aunt to daiiveL anY 4diradt WiA8t! .YAnagO y "'Y"; (i} The Cit to Sbf000 gate f: unt Of cosuaataJal Od indllatt►#1',;soi18 waste up t gets yard. also , lroa ands pat month to its L'aadful at .,the. ~iCew, to +1K+ gO**At f y j! the City.., disallows City it so11d ~ISete at the a naof commetota snao and : disposing houlave of commercial :1 t,andl~U~ the Ciey must .d11~a11~► t 4 4 ~ , . .~,,.w b,~r M"14'^r Eu'1.„",aMr wL(.~.etID`~ui]Y~~4~' 1• ~v . l - P.17 APR 12 91 15jeS 81CKERSTAFf, HEATH SMILEY .'i industrial Solid waste from dlspoaing of such Solid waste at the city Landfill. ;!!i} it the City allows any hauler Of coauaeroial and a industrial Solid waste to use Its landfill, Waste Management shall w 3,000 yalM yatar Pur month. at havo the tight to dispose e 5r~zT: the rate of $1-95 Qtr gate yard. :f F ' City covenants and agross that within 160 days from (o) The the date the City receives notice from waste Management that the t tation has been issuads tot construction of the Transfer 9 dl111, Ile the City will no longer accept Solid Waste at the City Lan parties provided such TeansEer Station is 1098%V operating. Goth kLz`~ agree to work together to complete the filling of the City Landfill n tho within that l (mP • Thy rl ty also aovenrntr and agrees that upon its delivery of the lion •Approyal Notice or ' c earlier of (i (ii) the ) expiration or termination of - this Agreement, the city will not ti^ , t reopen the City Landfill after closure pursuant to Sfatlon 10(0) new l'andfill' sit*$, trans Mr stations, abovel not open any j! ' roes other Waste management facilities (,except Solid - . inaiMrators or , . 1 yard waste compost iaoillties►. ax;; {d) PCOV1404 (i) the Transfer Station is fully Permitted ~qd i; has taksn app priate has commanced operations. and (ii) the . cevirioA6, of E , aation to direct solid Waste in accordance with the p t shall pay to the City, in part as en m e 9 this Agreement. Waste Mana deferred disposal fees the rum of 41.7do+fl00, as followse A ' (1) s1,000,00o in cash payable on the date Waste solid Waste at the V A66fer Atatlone and KA nagement accepts any L: If 1f k P.1e APR 12 191 15=06 BICKERSTAFF, HEATH, SMILEY (ii) the balance, being the sum of $700000, shall be paid in four equal annual inotillments of $175,000, eaohs payable 4 beginning on the first anniversary date of the payment provided in Y . (i) above and continuing on each anniversary ' date thereafter until the sum of $700,000 is paid in lull, (e) Additionally, Waste Management shall pay the City, , F monthly in arrears (thirty (10) days after the and of the prior month), twenty-five cents f40,26) per gate yard Of solid waste (exclusive of Residential Waste and rejected Special Waste) delivered to the Transfer station until $1,500,000 has been paid to the City Aotttinn 11, Transfer,9tation Raloc$ (a)(i) The initial Residential Waste gate rate at the r' i Transfer Station for Residential Waste for the City Ithe, "Nasidential Waste Rate") shall be $5,90 pet gate yatdf previded , the Residential Waste Rate ihall be adjusted &h6gally, on January 1st of each years commencing January 1, 1999 (regardless of the commencement date of the TraAefer Station operations), baled on changes in the Consumer Price Index (the 1101N) by multiplying the Residential Waste Rate times a fraotion (the "CPI Adjustment Formula"), the numerator of which is the Current index and the denominator of which is the Previous index (as said terMA are hereinafter dsfined)s (III The Residential Waste Rat# may also bs adjusted from time to time for any change In or addition of taxi d feet surcharge or change in governmental regulations (together the ~ Governmental Rate Adjustment)o Any Governmental hate Adjustment ' rY 1 M 7711 r t ~ APR 12 91 15=06 BICKERSTAFFo HEATH. SMILEY P.19 except as specified below shall be presented to the City for approval prior to implementation, which approval shall not be unreasonably withheld. If changes in locair state or federal law result in a per gate yard or per ton charge, Waste Management may add such charge to the gate rate specified herein without prior approval, but such charge must' be separately reflected on the invoice as a per gate yard or per ton charge resulting from the action of the governetut.l tlntity causing such charges to be imposed, e,gt federal surcharge of ;.25 per ton. The Residential Waste Rate shall not be transferrable or assignable by the City to any other third party. If,. the City. grants any franchise or licenses for Residential Waste, such rate shall be (i) $6000 per gate yards adjusted (a) annually on January It 1901 (regardless of r the Commencement date of the Transfer station operation) based on' the CPS adjustment formula and (b) from time to time based on the Government Rate Adjustment or the posted gate rater whichever is less. { MM "!seen" Shall refel' Lo lit "(CunsuuivL liluw todVA for All Urban Consumers)" CPI-U (all items, published by the United states uepartmeet of Laoor, iiursau of Labor statistics 1902-1961 ' 100.) published by the united States Department of Labor, bureau of Labor Statistics, or any successor to such agency, it publication ~i of the agency is discontinued, "index" shall refer to CCmpar&ble 1 statistics with respect to the cost of living for all urban ; consuzove publlchad by any agency of tho Unitsd Ctates gewrnmarit . and mutually agreed to Uy the City and Waste Man govt. -1 s- 1: P. 2e APR 12 '91 Isia? BICKERSTAFF, HEATH, SMILEY i (li) "Current Index" shall refer to the last bimonthly (if availabler if notr the last quarter) index published prior to the date of adjustment, 3 (tai) Subject to the specific exception in the next I., 'ry sentence, "Previous index" shall refer to the last bimonthly (if 41 available, if not, the last quarterly) index published just prior „ to the previous date of adjustment. With respect to the first adjustment, the "previous Index'' shall refer to the last bimonthly's (if available, if not, the last quarterly) Index published prior to the effective date of this,Agreewents (o) If after the expiration of, the term of the City's Covenant Not To Compete (Section 4.5 of the Solid Waite Hanagesnerlt Service Contract dated the City provides coma!=oiai and industrial solid Waste serviceaor grants franchise for wot the gate rate for the City or Its franchisee for Solid waste other than Residential Waste and Special haste geaerat#dt collected and hauled from within the City# shall be a maximum of $6,60.per gat* yards provided the gate rate,ahAll be adjusted annually aA January a, lit of each year, comaencin'q January l ~ 1902 ( regardless of th! i, aomroeneeroent date of the Transfer Station operations)o based on the #t.. Cpl Adjustment Formula# and may be adjusted from time to time 1cr I 000rnmental pate Adjustmentso to addition to the gate tat* of $6M as adjusted per gate yard, there shall be a iuroharoo of $62% per gate yard (exclusive of Residential Waste) to be applied r a meat of the amounts due to the City under Beotion 10(0)r tows d p y aJ Any Governmental Rate Adjustment except as speoifild below shall be I A d' 7t ° -19 Joy - t 4 i P.21 APR 12 '91 15109 HICKERSTAFF, HEATH, SMILEY r 1 presented to the city for approval prior to implementation, which if any changes in approval shall not be unreasonably withheld. j local state or federal law result in a per gate yard or par ton l charge, Waste Management may add such charge to the rate specified ' hetQia, without prior approval but such charge must be separately ' n charge ' reflected on the invoice as a per gate yard or per to resulting from the action of the governmental entity causing such charge to be imposed, e.q. federal surcharge of 5.15 per ton. (c) M soon as practicable after the annual CP1 Adjustment each year, Waste Management 'shall notify the City of any CP1 bused rate a.ijUeement and upon request provida the supporting data that is the basis for the rate adjustment. (d) in addition to the criterion set forth herein for rate ndjw tmenea, all rate adjustments shall be 3utt# reasonabl•, i necessary and nondiscriminatory$ (e) Gate rates for Special Waste# and all solid Waste not generated, collected and hauled from within the Cityj shall be set time to tuna by Waste KA nagement► in Nast* Management 11 i from t _ . discretion. ` ass ion „it, D!'W Landfill. Waste management grants to the 'fsxa! ~ current u/ivr of i city a 11673 per gate yard tipping tee (loaf Department of Health lees) (the "DPW 'Gipping tee") at the Di'W Ii t Residential Waste hauled by the City, The DPW k Landfill for the Tipping tee shall become effective upon the date of closing of the r ' lo, City Landfill, and shall continue until the •arliot of rocoipt by 's lhM City uE Notice of °~oon-Approval, or waste Management r ~a m r r':Or a i a „ i I 3 1 1 TAFF, }EATH, eSMILEY PPR 12 '91 15138 BICKERS The DFW commencement of operations of tha' TraneLer station, I Tipping Fes shall be subject to annual adjustment, bared on the CPL Adjustment Formula as of Jartiuair;ist of each y ur,such adjustment to commance on January 1► 1992 (regardless of the commenoemsnt data ' The DFW Tipping Fie shall . of operations of the Trans ler fromitims to tiwe under the terms and . ~ also be Subject to adiuatnsant conditions as described in Section 11(6) above (the Governmental Rate Adjustment). y Section L3• Perlormang4 Band ; poor to the execution -of Ahis AgtNaeAt, Waste Nana9e04nt w. eha11 provide a Perlormanoe bon'o! $110.3 96 Mtieleototy to the which shall be executed by a corporate surety or o4elmra4e City sureties duly authorised and,itted to d0 business'~nPond Nna11 I of Texas and acceptable to t,eiCiry, Tha Perfarlrano nt that the CitY:Lendtill provide for Payment tothe City in the eve ement !ails to make provision !or has been 010644 and Waste Nana9 ' th4 City's Re4iatntial Wasta Pursuant to Section 7(b)(ii) of this 4gre4ment, The Bond SWUAk € The amount of the Bond shall be $1 049,686, shall be reviewed annually on the anniversary of the 4xecuto`nt the writt&n concurrence this Ag9eem4nt, and niter reaayQ~A~ • amount o! th4 bond to r4lleot City, waste management may ce , the proportionate reduction in the volume of waste remalAinq to be disposed of pursuant to the City's entitlement to the ON Discount get forth in Section 7(b)G i), y. -Z1- . .a i 1 ' f APR 12 '91 15109 BICKERSTAFF, HEATH, SMILEY P•23 StOtion 14. Employee Matters Waste Management agrees 'to employ persons identified in Exhibit 14 for a minimum period of six month period at their current rates of pay, Waste Management-'s agreement to employ Auch employees is contingent upon (i) satisfactory physical and drug screening of the employees administered and evaluated pursuant to Waste Management's cure nt policies, and (ii) satisfactory licensing of such employees to nMrnte Solid Waste collection eguipmont er oatiafestery tesbirtg 0!' the employees for operation of Solid Waste collection equipment administered and evaluated pursuant to Waste Management's current' potieiess Such employees shall be e1191ble for employee be'nsfik'e provided by Waste Mansgement.to`its employees of canparable status' provided however that such amployget 0411 receive health W o coverage for pre-existing conditions if such conditions are currently covered by the City's,medical plan, vacation entitlmle nt' as if the employs* had been employed as of the date of employment 3 with the City, and to the extent permitted by low and Waste ' management's retirement plan such employees shall be entitled to rollover a reinvest retirement funds withdrawn from employees' 3 City retirement plan upon termination of employment with the City. E` if it is Waste Management's intention to terminate any or all of the personnel at the and of the six (6) month period, Walt* Management will give the smployte at least thirty day's notice to the affected persons, l fi .r r 1 ~ F 1 i APR 12 '91 15110 BICKERSTAFF, HEATH, SMILEY P.24 Section 15. Representations and warrantias, Is) The City hereby represents and warrantsi 1 (1) Seller is a home-rul% municipality, duly organized and legally existing in good standing under the laws of the State of Texas, and has full corporate power and authority ~ subject to applicable City Charter provisions, but the City represents that as of the date of execution, City Charter . 9 provisions, except with respect to the City Site, have bash t satisfied to enter into this Agreement, and to carryout th• transactions and agreements contemplated hereby and Iii) This Agreement has been duly authorised by 'all iieverrrty 6u31Ys and officials of the Caty, and upon execution and delivery thereof, will be valid and binding thereon, , enforceable against the City in accordance with its torsos (b) Waste Management hereby represents and wderant"sr li) Waste Management, is a eorporatioal duly organised and legally existing in good standing under the laws of the w; 4 State of Texas, was incorporated on March 90, 1069 undiir tale laws of that state, and has full corporate power and authority. to enter Into this Agreement, and to Barry out the transactions and agreements contemplated hereby. 3. (Ii) This Agreement has been duly authorised by the Board of birectore of waste Management, and upon execution and delivery thereof, will be valid and binding thereon; enforceable against waste Management in accordance with Its 1.0 terms. J4 pR~ -23. .kPrlv'~AkpeN''Qil 44 APR 12 191 15=10 BICKERSTAfP, HEATH, SMILEY P.25 • election 16. Notices. Any notice, request for information or other document to be given hereunder to any of the Parties h#reto E by the other party shall be in writing and shall be hand delivered i or sent by certified or registered nail, postage prepaid, or by % { " overnight courier service requesting evidence of recxipt as a part of its service, as followsr (a) If to city Addressad tot City of Denton ' Attention City Manager 215 East McKinney Denton, Texas 76201 ; (b) If to Waste Managemantr Waste Management of Texas, Inn, ; t` 1320 Crsenway Drive, Suite 000 Irving, Texas 75039 Attnr Region Manager as, t ° t?. (a) Copy tot Waste Management-of North America, Inc, x, I ' 300) Butterfield Road ' L 1 Oak Brook, Illinois 60521 Attnf General Counsel Any party may change the address to which notices hereunder at* to be sent to It by giving written notice of such change of addresis as W416 provided, Any notice given hereunder shah be deemed given an the date of mailing, 4 y .2 r } P.25 APR 12 191 15111 SICKERSTAFFP HEATH. SMILEY Section 17, Severability. if any provision of this Agreement is dotorminod to bo illogal or unonforooablo, such provision will be deemed Amended to the extent necessary to conform E. to applicable law or, if it cannot be so amended without materially altoring the intention of the Parties, it will be deemed stricken and the remainder of the Agreement will remain in full force and effect, seo,tion 18, Assignment, This Agreement is not assignable by either party without the express written approval of the other ;r party. x' section Governing Law, This ggreeaent shall be governed by and construed in accordance with the laws of the State of TWOO 'r This Agreement U performable in Denton County# Teras, Section 20. Amendment,shd Kodification, The parties hereto 1 may amend, modify and supplement this Agreement in such wanner as may be agreed upon by each of them in writing, section 21. Binding Sffeot, This Agreement shall be'bindinq f. kv upon and inure to the benefit of the Parties hereto and their r respective successors, assigns and legal representatives, Section 42, Botlre Agreement, This Aq asmant and any documents attached hereto Contain the entire agreament of the parties hereto with respect to the Transfer Station and the other tranraotione Contemplated herein, and superseds all prior understandings and agreements of the parties with respect to the r subject matter hereof, Any reference heroin to this Agreement 3 shall be deemed to include any documents attached hereto, Y ,f; ..{Mk;;li.rx;.p4., h,r... 4s ~t~AP•W4°~P,q ° . YR 1Z '61 1711 bi•'. ZRSTA M HEATH SI'12LCr' P.V I Section t3. Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. Section 24. Lxecution in Counterparts. This Agreement may be executed in any number of vuunteryartr, each of which shall be deemed an original, IN WITNUS WHEAtOf, the Parties hereto have aaussd this f, Agreement to be duly axecuted as of the day and year first written above. °°rz 4 WASTE MAIIAOCMENT Or TEXAS, INC. CITY OF DENTON P By I By s` Hamel Name: Titles Title s ATTESTS s1 ~ I . sy l CRY secretary AOapOM AS TO LZW i►0# aye x . City Att0fti0y fYr ' 1 S ,Y 026 K '1 FI Y V' H a f th 1 , 4A1 .At1ATi`f: r.~.tit y r ' 03~ a c f a~ C/rY of Z i. G. AO.Ariz4 r 1 w.. r . /ot DLSCRIPTION OF 10 ACRE SITE The site viii be located approximately 3/4%mile east Of Hgbill load 4nd'eireesty'►b►>tL y ! A' and adjacent to the City-of Denton Wastevatcr Reclam&tiba PlUt. The site is'ailo d31V'bt~y ; i' 4 ; r the City of Denton Twndfill, The OPp hats eimbaridnr o! t4-U ' east and adjacent U i' a z vill follov design standard; hovever, an approximate sise would be kOO tt`bj 1000ft ter, a 10 acre site. ri , „ _ _...._......-ter r 1{ i r MR F r y fP A ~ I T E CITY COUNCIL REPORT FORMAT I TO: Mayor and members of the City CounCil PROM= Lloyd V. Harrell, City Manager SUBJECT& COI FOR COLLECTION OF DELINQUENT TAXES RECOMM • the option to renew and extend the contract with Staff recommends exercising L* Heard, Gown, Blair i Williams for an additional two years* II a, yr: BACKGROUND.: ive occasions we covetsc five oyeeto$ Oncotwoa p withrevious Heard, Cog9an, The City of Denton is in i 6 Williams, which "lf Blair requested ptoposals for the cohls e bet a of proposal.~uTherefore,a on Apt[1 2o 1991 staff wee a Goggan, Blair a Williams had t ' tev evlewed and discussed their after the city council performance, directed Prieto ordinance to renew the contracto to it prepare the appro PROGRAMS DEPARTMENTS OR CROUPS AFPECTEDa t be affected. ^ The Tax Division will r receive F FISCAL an, 81aty E Williams aswidll He interest vico penalty, s compensatton fol rrant rot esall delinquent taxes, fifteen (15) Pe collected. This cost will be paid by delinquent tar payers. .t; a ,SSp8C.7fnjy SUBMIT 4 L oyd V. arts 1 ' . Manager ° City a' prepared by1 eclen L. Jet i , Treasurer I ~ ~ ref Approved) f H ll o McGrane eeutlve Director of F[nrnae 5754P ~ AA a rl i ~ 1 ♦ it i 1. fir I 2715E I i l ORDINANCE NO. TO EXECUTE A AN OR I ANC OF AUTHORIZING THE 9Y0 AND PROVIDING FOR TANG EFFECTIVE COLLECTIO DELINQUENT DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s SECTION 1. That the Mayor is authorized to execute a con- tract or t e collection of delinquent taxes with Heard, Goggen, Blair Williams, a copy of which is attached hereto and incor- porated with reference herein. SECTION 11. That this ordinance shall become effective immed- K iate y upon is passage and approval. PASSED AND APPROVED this the day of 1941 i •r' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i 1 BY: .f . n I : ♦ rIr L.JIn '...Y.. A:.l.~'{Jf. u...:.... a .M r..'laa.. ':1 i~ I j 30b1L i CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES Y THIS CONTRACT is made and entered into by and between the CITY inafter Ocalled acting First herein Par y, and HEARD;' GOGGAN, eBLAIR fx WILLIAMSs Attorneys at Laws hereinafter called Second Party. I. { E First Party agrees to employ and does hereby employ Second Party to enforce by suit or otherwise the collection of all de- linquent taxes, penalty and interest, on behalf of the CITY OF DENTON within the CITY OF DENTON, owing to the CITY OF DENTON provided current year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year in which the same shall.become delinquent. Suits and bankruptcy casetaxes, which first day of July also subject must include current year delinquent to the terms of this contract. II. Second Party is to call to the attention of the collector or other officials any errors, double assessments, or other discrep- ancies coming under their o n behalonofri during they in all progress of te suits work, and ie to intervene o for taxes hereafter filed by any taxing unit on property located within its geographical limits. III. ~ ' { First Party agrees to furnish delinquent tax statements$eto Second Party on all property within the taxing jurisdiction. i end Party will furnish forms for said statements on request and 1 on ll assume statements responsibility bsuchystfor atementsgare malty ailed ntoiproperty cowners. j IV. Second Party agrees to file suit on and reduce to judgment and sale any property located the FiCITY OF DENTON rst Party will furnish E which a tax lien would prevail provided, the necessary data and information as to the name, identity, and location of the necessary parties, and legal description of he property to be sold. Second Party agrees to sue for recovery of the costs as court costs as provided by Tex. Prop. Tax Code Sec. 33.48 (Vernon 1979). y I } V. i ro ress reports to First Party Second Party agrees to make p 8 on request, at lea nth, and to advise First party of st once a mo all cases where investignation reveals taxpayers to be financially Such progress reports shall First Party unable to pay their deli quent o taxes. of all lawsuits City of the disp the report shall reflect notify filed. If the for dismiasal,be.en dismissed, the reason VI. patt as compensation for First Party P;rras to pay Ii Second ) percent of the amount hereunder and interest of the ena p aid to services re uired all delinquent taxeaen penalty collected of this contract, actually collected and p { years covered by the term of this contract as and the collector of taxes densation above provided for shall become 11 taxesD wt.enppcollected, er f he Second Party at the time PaymThe collector I .I the enaltypand interest is made to t checkilector. p shall pay over said funds monthly by VII. nt ollection ake the substandard housie8 inquent Second Party shall undert demO~ accounts for paving assessment liens, these assessed to lition liens and weed liens. The collection of es accounts pay to shall be undertaken on the basis of attorney's agrees assessed and collected from the debtors. First party n- Second party as compensation all avingnassesament dliensattorneYorney e fees on delin uemolition accounts liens, and weed liens. dard housing sing J VIII. eriod of two (2) years be- cover ibis contract is land ending June 30, 1993. First Party shall ginning July 1, 1991, time that this contract is in have the option exercisable at any July 1, errs or force to renew and extend thincrementcco~encing dentyi8V8 tanmaddir one additional two (2) Y Second Party shall h meat all y termination of this contract, tional six mont~sto afr the datem last imentioned~ and provided further suits filed prio the eriod of this con- hat second party shall handl fined during the pp all suits erstioeio e to t are udgments aP apealed aby any party. i n Second cons, t Party hbreby ac- trial ract and court judgments the terms and compmeetaBndnundertakeeathe~pperformance of this t ono cepts said employ shall have the (30j days tract as above written. First Party giving sooner terminate this contract for cause, PAGE 2 I I f ~ j notice of such intention, with a statement of theacYe soon written after giving Second Party First for such of termination, explaining or rectifying the same* able op for the reasons portunity of the existence of cause roviSion. In case of such terming-receive party shall be the sole Judge p purpose of this ter shall on be ent second Party the date oft Saidtterminationand retain all tion, compensation due up CO IX. with the instaetem second Party agrees to aescomputerized rtax collection to shall include but not be limited to tion and~~implementation of ( „System) Such assistance the following: u' :Jon Costs, e. Party's fees for the p and 1. Reimbursement of First expenses for the install8l$6 OOO- programmin costs and g a sum no fa to the exc monies due customization of the System for Second party shall Va First party shall invoice Second Party to this ursuan sections days., the City or imburse the city within thirty (30) of the sum of $2,000 foist Finance 2, payment to First party for First party chase of additional herdware Department. Managger and ,s Data Processing ertiee and N_ ' Upon request, Sfco Will arprovide consulting eXP 3 • Up sta ,f stemo programming for installation of the sy pro#act oversigh X. by the ' who is authorize to axe- assed and duly re This contract is exe. ".ted on behalf of First party . ody presiding officer of its ordinance heretofore p cordedhin instminutesrument cute natures of all parties hereto in triplicate WITNESS the sib day of the originals this$Texas. ~ Denton County, CITY OF DENTON h j j I I i I i PAGE 3 b~ Y. i ATTEST: 4 3~~rTAL'['ER3' ~-~Y ti APPROVED AS TO LEGAL FORM: DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: HEARD, GO(,GAN, BLAIR k WILLIAMS ]kt fl S f f BY : . + l 1 4 . [A A A✓yAay. j T 1 + Ay i fR IA ~~Fiy~~f r 1r Yr r 'N fr` r ft I r r PAGE 4 s ~ 7 ~ Y• 1 PETITION TO THE DENTON CITY COUNCIL residents WE, the undersigned property owners request the City Council to reconsider the location of the Loop 288 extension north of Denton behind Selene Avenue and Neptune. The construction work as it is now ungoing is causing substantial devaluation of our property, increased traffic r ti will cause air and noise pollution, it is unsightly, traffic will be passing just a few feet from our homes, we were not Informed of construction so close to our houses. Some of us received no notification at all that euch a highway was y going to be built. Some of us who did receive notification were told the highway was going to be built a substantial distance from our backyards. We can see no problem with moving this construction 200 feet or more away from our houses. I i We further petition the Council to install noise barriers and wAlls and fences to screen the highway from view, reduce noise and pollution, help protect the value of our property and for safety purposes, to prevent young children from % runnthg onto the highway while playing. Name Addr ss Phone eT'`~s 11 _ -t- i.. _1_ ti ;I e ---------____3S~____3~__ _ - (C//Q-s..fk[4k,.._----------- - - 3 Vii? s~tG`~% 3ps `fib t ~ 4 i Petition - Page 2 - 6(o y/ 1° ~f9~^'4Q03 a 'Y 4 nton fi 't _ s 4 r a ~ Z'r , r... i. 1 1 r f I I Tetra Pak inc. aya~ Al, 1991 'A ti I ,j ~ ~~9A~~~F Y `r3 April 12, 1991 s . Mr. Ed Morrison Morrison Milling Company 319 E. Prairie Street Denton, TX 76205 Dear Mr. Morrison: nformin Thank you for your telephone call of efore the icily Counclltnextaweekterials Inc. issue coming up b of the Denton solid waste uick capital gain of ;1 Based on the information you told us about the q.9 million several wou from the plus the residuals of $3.2 million over years t~apltal y gain lot $13 receivemillion over vus the sale of the solid waste sty wouldereceive iflthey kept the solid waste system under the next 15 years the city local city are at a loss as to why the management. if this Information 1s valid, we city would continue to pursue this safe. As a company, we are environmentally friendly and are concerned about land- Otis and the materials going Into them. The City Council members we have spoken t" { to that are In favor of the sale, point out the c neration ost of landfills ands the cost ; alternative maintaining them. WThe e were of consider the the value of I landfill cusersin Donlon are source of energy. with al busi commercial psofsIncinIf the erationtaslanealternativert souirce of energy',aw~a ~al they be? the "futre uesti We questions it the City Council has investigated fully the possibility of stele funding availability for recycling and alternative energy source type projects-busi We have also been people were finotaas awaresof theeenvirontment leissues asars ago. Two years ago, pthey are today and the technology for refuse has changed. Once again, wa question, has the City Council reviewed today's options. Pak Materials opened. haves acceptable afor The City of Dewha Tetra handled landfill since 1964, and ssrlous problem with the city waste collection. They have been prompt attentive with regard a our large to private ndling. We question if we would receive the same type service 1 E i Tole L 1 &=I TP US TX, Toler= N 746&4 'M NO AlrpoA Road, Po. Box 2427. p~nton. tan 7!207.2127, t111onon~~,117-y1}17g0. ~ I s r a` M!' Tetra Pak Inc. Mr. Ed Morrison f Page 2 i April 12, 1994 As a member of the Denton industrial community, we feet it necessary to volts " . a concern about the action being taken with the Information we have about the - 1 potential loss of $7.9 million over the next 15 years if the sale Is consummated. We 11 would like to see the City Council to the cor ect actions and we the long term sir C r final decision as elected officials, but we hope they have looked options and not only the short term options. Sincerely, Ter A. White Materials Manager TAWJ{eh j y f~ rr { + , • ~ ski r • 'v~ r r y J' rt rTr i I I .r Texas Waste Management r Contract Fact Sheet ! i I f April 16,1991 Prepared for City Council Members a: City of Denton t 'fin " ~ stns at I y rr r C 1 I .I M1 ' 7 r I (1r 1 $ Life of Denton Landfill i Available Space 5 dudes phase II - Bob Nelson, Source) cubic yards (in ,000 ,5Q0 (gross revenue •,vith no CPI etc.) ~ @$3.45 per Cy = $18,975,000 Years of Service Left Y year (current usage) =15.2 years @360,000 C Y y @400,000 CY per year (anticipated usage) =13.75 years Years of Service Available at DFW Landfill =11 years s Discount at City Landfill s M Disco ; cost of TW Cost of 650,000 CY $2,242,500 @ $345 ® 1.2,5 per CY (TWM discounted price) = $812,500 Y.. $ p ( $1,430,000) NET LOSS TO DEN'TON I 1 I i 1 I t r., I i Effect of TWM Tipping Fees on Residential Service , Yearly Residential Usage - 80,000 CY Actual Customers -14,662 1990 Residential Tipping Fees Q $3.00 CY = $240,000 At Transfer. Station Rates @ $5.20 CY = $416,000 A ~ E 1 .'year ,4 a . Increased Coat to Residential Customers - $176,000 Per i 1990 loss to Residential Service = Res. Losses With TWM Transfer Station = ($225,000) 1E r± k r ; 7 2 e i { Ii 113 1; 1 1. 1 Effect of Discounted DFW Landfill Rate (Sole Compensation for Closing of Denton Landfill if no Transfer Station Built) f i f E , DFW Landfill Discounted Rate = $1.73 CY (plus CPI etc,) I n $3.50 CY Estimated Cost of Round-trip to DFW Landfill (Source, City of Dentoa) Cost to Denton for Residential Waste at DFW = $5,23 CY Jk ,t A Max. Amt. of Res. Waste at Discount Rate =1,272,800 CY r 4 Mt.- y: Number of Years 0 80,000 CY per year =15.9 years Years of Service Available at DFW Landfill 11 years u',= I q, e • 1 M IY 1 ! 3 w ,1 1 77 .1 t ! hj, R E Commercial Rate Payers Surcharge I A; Commercial Rate Surchage = $.25 CY Total Surcharge Promised to City = $1,500,000 Amount Paid to City in 15 years = $1,263,600_: (Assuming Flow Control and No Justin Landfill Without Flow Control and Justin Landfill in Operation (Assuming Justin Landfill Receives 50% of Commercial Solid Waste) i" ,a Amount Paid to City in 15 years = $631,800 I. , 1 t ,,p ,r a 4 I , i4 ..y • ~ - «i.i ri:~ild hiK ki. :17 aY M'~4 11'W aam<~ 1 1 i i i N ~ Examination of the $6.1 Million "Cash Flow" Promised to City i Sale of Assets (Commercial operations) $1,900,000 ' Transfer Station Contract = $11700,000 CrWM Claim) a` Less Denton Landfill Discount = $1,430,000 Actual Compensation = $270,000 Commercial Customer Surcharge = $1,500,000 erM Claim) l (Paid by Denton Commercial Customers) 7,,f "Savings" in Tip Fees over 12 Years = $1,000,000 crwM Claim) tl ($6.25 vs. $5.20 CY a 80,000 CY per Year Residential) Losses to Consumer Compared to Current Rate A 12 years of Residential Waste Tip Fees ® $5.20 = $4,992,400 12 years of Residential Waste Tip Fees ® $3.00 = $2,880,000 f Extra Tip Charges at Transfer Station ($2,112,000} (The cost of using the Transfer Station over our Landfill in 12 years ` I;R N Lu i i 3 I I ' Waste Management Compensation to Denton r W. $1,900,000 Sale of Commercial R $270,0 00 Transfer Station Compensation 't $2,170,000 Total Real Payments from TWM to City ; / k41 y. ($2.112,000) Loss to Citizens from Transfer Station Charges (-$58,000) Total TWM Compensation to City? I a ' r i li i^` 14.x. L~ re 3 tr 6 ,I r Ir , w` lip t ~ i i DRAFT Tuesday April 16, 1991 (11141 am) TiMSPER STATIOM AGRLEMEN4 , This Transfer Station,Agreemsnt (this "Agreement") is made this day of 19911 by and between the City of Denton, a home-rule, mueieipality, organized under the laws of the 1. » h its duly » b and throw Y e State of Texas. {the C1ty eating by , authorized offiCers, and Waste Management of Texas, Inca, a Texas corporation, rrttnq by and chrdu9r, Its duly autherlsea officer k^° p, {"Waste Management") (somstimee,,eollectlvely the "parties"). , w TNES`S E1H t WHEREAS, pursuant to 9 363,111 Of, the Texas Sealth and safety , waste Manag , requlse,.oonstruet and operate codeerrant desires to a Transfer Station far'-- heA411W Solid Waste (the "Transfer i„ e. Station"), and the.,City.Afsitob~'tInat a transfer station be availablo for disposal of all SOW Waite genPrAtMo rnllnnted and hauled within.. the, Clty's,boundaries, mad for which the Transfer 4V. Station is lawfully p!«itted for disposal, during the term of this Agreement, subject to th0 terms and conditions hereof. NOW, THtltttOR9o for" &A4. to", consideration of the mutual covenants, unartlkin9a and, promises' of the City and West* y Management contained heraIo "And other good and valuable eonalderation, the receipt" and sufficiency of which ace hereby is ) r A.. I AMU% i APR 16 '91 13:19 BICKERSTAFF HEATH & SMILEY P.2 - acknowledged and confessed, the City and Waste Management do hereby covenant, promise and agree as follows: j Section 1. . Definitiona. The following capitalized terms utilized in this Agreement shall be defined as set forth below.; Terms not defined in this Section 1 shall have the meaning set forth elsewhere in this Agreement. (a) "Solid Waste" shall mean any garbage, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment ' r plant or wastes from air pollution control devices and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, municipal, commercial, mining and agricultural operations, and from community and institutional activities, but does not include sludge from r 1 municipal water or wastewater treatment facilities or,wastes from ~J other municipally owned pollution control devices or regulated ~I "Hazardous, Toxic or Radioactive Wastes," as defined by applicable' sF federal, state or local statutes or regulations. (b) "Residential Waste" shall mean Solid Waste from is structures, houses or buildings occupied as a dwelling containing j no more than four dwelling units as referenced in the City of Denton Municipal Code which is generated in the City. (c) "Special Wastr" shall mean Solid waste which because of its physical, chemical or biological properties may pose a danger , to the environment if improperly handled, transported, treated or disposed, or Solid Waste which because of its timer quantity or AA containerisation may damage or may hinder the operation of the -Z- T r } P.4 Kil ltl 71 l1U•~~0 tlil,KtN51M~, ht.NIM, ~1: LGY Transfer Station nr iha ranociated equipment, including but not i limited to, those specific categories of Special Waste identified in Appendix A. (d) "city Landfill" shall ta% mein the existing landfill located on Foster Road, Denton, Texas: (a) "Gale yard" r11a11 iurak' yulid warts volume equivalent to l - a three foot by three foolt by three foot volume or fraction thereof as measured at the gatei For the purpose of measurement at the gate, Solid Waste haulini vehicles shall'be deemed to deliver such 6 vehicles' maximum capaeft y gate yardage upon each delivery (f) "Transfer Station" shall mean an enclosed building to be oonatiucted by Waste xanelamant in aeeu danee with this Agreesaat and associated property specifically ditigned at a reosivinq, handling and loading facility fOr401f"aste'from where Solid Waste is loaded. into transport Vehic.1474 for appropriate use or disposal at another 1ocaEion. (g) "Subtitle O ACRA" means the Resource Conservation and Recovery Act of 1976 SS 14001-4010 as amended from time to tiAs. IN "DFW Landfill" shall mean-,the existing landfill located 1 at Bennett and Railroad in Lewisville, Texas (i) "permit(s)" or "Permitted" menrs all final go unconditional iexcept wyith conditions reasonably acceptable to to flood faith iud4mant1PVreits issued by 4 Waste Manaaemtnt, using i`- appropriate granting authority necIiSSary to operate and construct the Transfer Station. 3 E a -3- 1 ~ r, . { F Q, !t! 1 Section 2, Term of Agreement. Except as otherwise set forth in this Agreement, the initial term of this Agreement shall be f twenty (20) years 1"initial Term"), commencing upon the effective data herenfe Section 3. Termination, Notwithstanding Section 2 above, the ' City shall Nava the right to tPrminrtP thin Agris'mont nn tho 14th anniversary date of the Initial Term of this Agreement (the "Early Termination Date") by delivering written notice of termination to. Waste Management, at least sixty 160) days prior to the Early Termination Date. Section 4. Default. In the event of a default of the terms contained in this Agreement and failure of such default to be cured within fifteen (15) days after receipt by the defaulting party of written notice of such default (or It such default is of a nature that it cannot be cured within M toshIJIS) days, failure of such s K' _ pasty within such fifteen,(15) day period to coms*nee curing such ' I default and continuation ob such curing, with reasonable diligence thereafter), the non-defaulting party,may terminate this Agreement I upon written notice to the ether party :In the event of a default I hereunder, subject to the stated period of netics and opportunity to cure, the non•3efaulting'partX, hall be entitled to all remedies available at law or•in equity, AnYnotice of an event of defaulto . and thereafter any notice Of termination based upon failure to our* within the stated time perlod;..shall detail with reasonable particularity the events or,eircumetancef which provide the basis I of the asserted default:orl•thb action or inaction olaimed by the I f r" -4- . 1 it ^ axnzV'~ i PPR 16 '91 1329 SICKERSTAFF HEATH 3 SMILEY p,3 non-defaulting party to establish a right of termination. No ` waiver or waivers of any breach or default r (or any breaches or i defaults) by any party hereto or of performance by any other party of any duty or obligation hereunder shall be deemed a waiver f ' thereof in the future, not. shall any much waiver or waivers be 4 deemed or construed to be a waiver of subsequent breaches or i, i defaults of any kind, character or description, under -any circumstance. #r section 5, Transfer Stations Location and Acquisition of Transfer Station Site, (a) Waste Management shall in good faith and with due ar diligence locate a suitable site for the construction of the r., Transfer Station within the City limits or within the extra- territorial Jurisdiction of the'City as it exists at the time of r execution of this Agreement unless the City agrees to another location ("Transfer Station Site"), which agreement shall not be ? unreasonably withheld (such location not to exceed a distance of greater than six miles from the Denton County Courthouse). If Waste Management locates the Transfer Station outside the City € limits and extraterritorial jurisdiction of the City, Waste Management shall pay to the City, annually, on or before March I of each year (prorated for any partial year of ownership),a sum equal to the ad valorem taxes the City would have received from West* Management attributable to the Transfer Station had the Transfer Station been located within corporate limits of the City. The City shall exercise good faith and due diligence to assist Waste ; -S- i 1.` r ..r.1 a ..>fr ..../m,... . _ APR 15 191 13:21 BICKERSTAFF HEATH 4 SMILEY P.4 Management in locating and evaluating a suitable Transfer Station Site by making available to Waste Management information within the City's possession reasonably necessary to accomplish such task, f (b) Subject to the terms of this Agreement, Waste Management shall construct or cause to be constructed the Transfer' station on the Transfer Station Site, including, but not limited to, development, construction, equipping and otherwise completing all c;. improvements related thereto. All matters relating to development and construction of the Transfer Site shall be controlled by Waste Management, in its sole and absolute discretion (subject, however, to all applicable federal, state and local statutes, ordinances and regulations), Waste Management agrees to most with the City during the planning and construction phases of the project, on a monthly basis, to deliver a status report relating to the Transfer Station, Waste Management agrees.to provide the City with accost to.all project reports, correspondence to and from local, state and federal agencies relating to the Transfer Station or this Agreement, all project engineering and, design data, all teat reports and resulta, all plans and specifications relating to the project and any and all permit applications. { Section 6. Transfer Stations Location and Acquisition of City Site_ (a) To allow Waste Management an alternative site for the construction of the Transfer Station in the event that Waste Management is unable to locate a suitable Transfer Station Site, { the City may offer for sale by sealed competitive bids an option to 1 1 r,rn ,0 71 id~x b1lM.Ln5rHh1, HLHtnr zMILLY P.8 6 10 acres of.City-owned land adjacent to the purchase approximately current City Landfill ("City Site"), as described generally on Exhibit "A" attached hereto and incorporated herein, Within 120 days of the execution ot'this Agreement, the City will determine, using its reasonable judgment and standard engineering practices, the cost of road improvements necessary to properly support twA-way traffic consisting of 45 foot transfer trailers and waste collection vehicles on the road between Loop 288 and Spencer Road which leads to the City Site ("Road Improvements"). Prior to the expiration of the 120 day' period, the City may in its sole discretion, offer for sa w oy sealed competitive bids a four year r option to purchase the City Site.. Waste Management shall bid on the option and waste Management's bid shall include the term sot forth in Section 6(b)-(g) below.; it Wu to management is, the successful bidder and is awarded'ahe optio.t to purchase the City Site, and receives a TD8•Permit for the Transfer $tatioA at_ the , City Site, the City and•Waste'Management agree to shate'25% anb 16! respectively the CCSt of 4ha,City-determined Road Improve"nts up i ,,rl to a maximum of $500,000 add'such'coste will be prorated as they ate incurred. The City,'will bear the costs of all Read • TmprnvevPntA in Rxreee of 5500 400+ It the City 4044 not otter for sale the option to purchase the City-owned site by sealed 1 competitive bid within 116 days, ut if Narlw MausygiA6hL is nee Ehe successful bidder, Waste Management shall be relieved from any obligation to go forward with acquisition of the City Site. i AfR•16 '91 10:53 BICKERST*F, BERTH, SMILEY P•9 i b If within 2 years of the execution of this Agreement 'baste Management has not located sad submitted for Texas Department 1 ~ of Health approval of a suitable Transfer Station Site for construction of the Transfer Station and Waste Management has been, . awarded the option to purchase the City Site, Waste Management shall within six months submit, an application for a Permit for the City Site in accordance with the provisions of Section 7(a) of this Contract. Within suer. six month period Waste Management shall have completed its environmenta,i cey'iew, titie review and survey review of the City Site and informed the City of any issues detects which` n would cause Waste Management not to exercise its option. The City shall have an opportunity,to cure any such defects. Within forty- five days after receiving notice of such defects from Waste' Management, the City may warrant that it will cure such defects prior to closing, If City eesn6 does no so warrant in writing to iJ Waste Management within forty-fiVa days, waste Management shall be ` relieved of its obligation to submit the City Site tot petmittinq; and of its obligation to buy, the City Sitaf however, Waste Management shall not be relieved of its obligation to pursue M Permit for a Transfer station under this Agreement If s-'C reook* the permit from the Texas Department of Health is granted, Waste }j. Management shall be required to exercise its option and close on the City Site, subject to applicable City charter provisions, 1 -i permit from f' - within 45 days following the issuance of sheii .the Texas Dopartment of Health ' a . , i >i 4^ rip ~11 '46L • l j (o) The purchase price for the City site shall be, at j ' MIMM11me the fA1r marV6i` 1181110 of the rltll Cite fr nP thq Mato of Waste management's exercise of the option. if the Parties ace h unable to agree on the fair market value of the City Site$ each 0 party shill appoint an KAI appraiser to determine the lair market value of the City Cts, Bach party shall bear the cost of its own appraiser, if the two appraiser% are unable to agree on the lair r market value of the City 'Site' within fifteen (15) days alter ` designation of the second, appraiser* the two appraisers shall appoint a mutually satisfactory KAI appraiser to determine the fair market value of the City 'Site. The cost of the third appraiser Zq'i shall be borne equally by the Partises ®r 1d) The City and Waste Managament agree that ,,n: (1) the City Si'tea'sAaii be conveyed by special Warranty Deed. (ii) the closing ol'the City site shall take place within forth-five 145) days after isauAnce of the ?erati4! Qfrmlt from 04 ~ ~ Texas oepartmene•ol H~althl, (iii) the cost of,the title polioy and edrvsy shall be borne by Waste Managements (iv) current year taxes shall be prorated as of the closing dater is (v) any &M all other costs incurred in connection " . therewith shall bs borne by the parties as is customary in DOW t„ County, Texas$ and Y } G I.a fL1i. yyr Y r r. I 0"Wi P.5 qPR 16 191 1322 BICKERSTAFF HEATH 5 SMILEY (vi) Waste Management shall SWON@ xerois the ti on uroh sejth C!E Site 001 if she defeats identified by Waste Management pursuant to Section 6(b) above have Ali been cured by the City_ r #A- the is) The City warrants that to the best of the. City's knowledge, prior to the City's ownership of the City Situ the Site was not used as a landfill, and since the City has owned the City Hite it has not been used as a landfill which warrant3Lshail bs !firma b the Cit a the o1 sin . (9)(1) At the closing, the City, to the extent permitted by law, shall agree to indemnify, defend and hold Waste Maha4ent harmless from any and all losses, claims, causes of action# and sAy iEF z y~; and all other damages, penalties, injunotionsi disbursements and ' h r 0 expenses (including, without limitation, attorneys' fees and expert leesy (whether direct or consequential) .of any kind at nature whatsoever which may at any time be imposed upon, incurred by or i awarded against Waste Management arising out of shy activities which were conducted on city site prior to waste rianagsmsat's -,Y soquisition of os arising out uC any activities which were r: it Conducted on the City Slte prior to Waste Management's acquisition thereof or any Release or Threatened Release of any.Hazardous waste r j or easardoua Substance (as defined In the Resource Conservation and Recovery Act or the Comprehensive Environmental Responl6' Compensation and Liability Act) or any other violation of any Environmental Laws which are due to activities conducted prior to ` i X41 , na. v `y v i RPR 16 '91 13'23 BICKERSTWF HEATH S SMILEY P'6 Waste Management's acquisition of the City Site, "Environmental' -1 Laws" shall mean all federal, state and local environmental statutes and ordinances, and any rule or regulation promulgated j thereunder, and any order, standard, interim regulation, moratorium, policy or guideline of any federal, state or local government; department or agency pertaining thereto. r (ii) At, the closing, Waite Management shall agree to j indemnify, defend and hold the City harmless from any and all losses, clalms, causes of action, and any and all other damages, enal ies in unctions disbursements and expenses (includino without limitation, attorneys' fees and expert fees) (whether direct or consequential) of any kind or nature whatsoever which may at arty time be imposed upon, incurred by or awarded against the City arising out of (i) any activities conducted on Cho City Site during the time Waste Management owns the City Site or (ii) any release or thtea w ftA Wow of any hasArdeue waoto or hasaedeus su66laaiuu (as defined in the Resource Conservation and Recovery Act or the Comprehensive Environmental Response, Compensation and Liability Act) or any other violation of any Uvironmental Laws during the time Waste Management owns the City Site, (9) If the City Site is Permitted, The City retains a right of first refusal to purchase the City Site and any improvements including the Transfer Station on the same terms and under the sates conditions as offered by a bona fide•third party and acceptable,to Waste Managements upon receipt of a bona fide offer from a third party which Waste Management wishes to accept, Waste Management ~ t -11- JJ~ J + 1 i r Aso )1)r 1 :rte To vi 110•:0 MV.11LMZ1r#PP HLHIH) W1LE'I o, S3 , i i shall give the City notice of the terms and conditions of the bona fide offer and the City shall'ha've (120) days to exercise its right of first refusal. Section 7. Transfer Stationr Permitting_ • r (a) waste Management shall use good faith and due diligence to obtain from the appropriate governmental authorities all r r'Permits, licenses or approvals# including zoning approvals, necessary to construct and operate the Transfer Station as soon aS practical after Waste management has assembled all information t: necessary for such governmental authorities to accept such applications for Permits, The City shall exercise good faith and due diiigenee to assist aeA',euPport Waeto Hanagamcnt in applying } r r z~. for and obtaining the necessary permlts, licenses and approvals with the Texas Department of Healthl or its successor, necessary to construct and operate the Transfer Stationr provided the City will not be required to hire services of a third party. Waste Management will build the Transfer Station within 100 days of :bbwfia ♦ sf all perisits. (b) In the event that Waste management, is unable, after • smareisial good faith and duu Jiligenae, (i) to acquire a sultAhla Transfer Station Site or (ii) to obtain the necessary Paruits and approvals to construct or operate the Transfer Station, Nests + . 1 Management shall notify the City in writing that it (e 11MAhlo M , acquire an acceptable Transfer Station Site or obtain the neoesaary { partite or approvals (the "Non-Approval Notice") and Waste Management shall compensate the city, as the City's $ole w, -12- F hYK LC DJ l10:Jb tl1lF;k~1Nlr MWIM. ;71'71LEY . . P. 14 compensation for its assistance and efforts on Waste Management's behalf as follows, l - (u) Tho than currant gate.rate in effect for the disposal of f Residential waste at the DFW sanitary Landfill and Aeoyalinq center (the "DrW Landfill") will terminate 90 days following receipt by the City of such Non-Approval Notice and be replaced by a gate rite equal to the gate rate in effect at the DFW Landfill from tiros to ' time, less (1) 942 per gate yard ("D?W Discount" or (ii) ;1.73 . per gate yard subject to (a) annual adjustment, based on the CH Adjustment rormuls as of January lot of each year, such adjustment to commenos on January 1, 1992, and (b) plus adjustment from time J .t1 to time based on the Governmental Rate Adjustment as defined in' section 11(a)(i!), whlohaver"ie less a (y) The City or any person providing Residential waste service to the City shall be entitled to receive the Dew Discount for up to an aggregato of l#272,400 gate yards of Residential Waste, provided however, for each gate yard less than 00400 gate yards accoptod by the City pursuant to gw ion 10(a), tho nl~y'n entitlement under this subsection shall be reduced by two gate yards. (c) After 42 months from the anniversary date Of the r execution. of this Agreement, Waste Management shall be deemed to have sent the "Won-Approval Notice" pursuant to #action 7(b) un z;'w waste Management can show that all Permits necessary to construct and operate the Transfer station have been issued or that such Permits are reasonably expected to be issued within 6 months and r +~1~ r 1 .I 1WR 16 191 13=24 SICKERSTAFF HEATH S SMILEY operation is reasonably expected to commence within 12 months, or, the City agrees to an extension in writing. . .4 i Section 8 City's use of Transfer Station_ (a) It, at any time after the expiration of the term of the City's Agreement Hot-to-Compete (Section 4,5, of the Solid Waste Management Service Contract dated Waste Management is operating the Transfer Station contemplated by this + Agreement and the City begins providing commercial and industrial Solid Waste service or grants a franchise excluding. Waite 1% Management from provision of same, the City agrees, during the tetra a~k of this Agreement, to direct to the Transfer Station all commercial d and industrial solid waste (!Scat Spealai,WAitA) fnr whlrh the Transfer Station is permitted which the City collects or which is IM collected pursuant to such franchise granted by the City and over , which the City has legal authority to controlo The City's E t agreement to direct to the Transfer Station all commercial and industrial Solid Waste pursuant to this subsection, does not include an obligation of the City to defend legal action contesting the City's right to direct such waste, unless (i) Waste Management requests the City to defend such aotionr and (LI) Waste Management , i agrees to pay legal fees and costs associated with such actions (b) The City's agreement as reflected in (a) above. is conditioned upon Waste Management's ability to handles collect, -r transport and dispose of Solid' Vast* in compliance with all local,. state and federal laws, statutes, ordinances and regulations, w ' • r. Y t r y. r'. r t i", w .iJiJrJ J.U,.~i"./i Rrrf f1L'11N pl i~l.Ll r`16 (o) The City agrees to direct to the Transfer Station all ! s Residential waste over which it has authority during the term Of this Agreement. (d) The City's Agreement to direct to the Transfer Station all Residential Waste does not include the transfer of (1) yard waste or (!i) source separated curbside collected rsoyolable materials or (!!1) separated recyclable materials delivered by residents to drop boxes, In the event that Waste Management constructs a recycling facility at the Transfer Station site, the City will direct all Residential Waste, Including such recyclable in Iii) above, to the Transfer Atatlon materials Identified .f recycling facility and Waste Management 011 pay fair market value (FO! Denton) for such recyclable materials. '.fir{• section 4. Transfer Stations Operation) During the term of this Agreement Waste Management shaUi (a) operate the Transfer Station In compliance with all ' federal, state and local statutes, ordinances and regulations relating thereto as amended from time to time (b) Accept all solid Waste generated, collected or hauled from within the City's corporate boundaries during the term of this Agreement, subject to Waste Managements' right to rsjeer. Apealal Waste. i, (o) No cubjoct to tho continuing police power of the City. Section 101a City Landfllll Compenuation. (a) To assist the city in its efforts to complete closure of h Landfill prior to the Implementation of siubtitle D Of { City . the C f ~ e. Y a i Sri All, 1 a y. 1 APR 16 '91 13125 BICKERSTAFF HEATH R SMILEY P•6 RCRA, Waste Management shall deliver to the City Landfill, up to ' 650,000 gate yards (the "Closure Yardage") of municipal Solid Waste tb1 E to the City LandlillL in accordance with the pfovisiop.4 of below, (b) Prior to commencement 'of operation of the Transfer Station or receipt by the City of Non-Approval Noticer Waste I ~ Management and the City Agces than (i) The City may direct Waste Management to deliver any amount of commercial and industrial Solid Waste up to 50,000 gate yards per month to its Landfill At the rate of $145 per gate yard (ii) It the City disallows Waste McAAgement from disposing of commercial and industrial Solid WAsts at the City Landfill, the City must disallow all hauUrs of comorcial 'And industrial Solid waste from dispotiitag of such Solid Waste at the City Landfill. (iii) If the City allows any hauler of commercial and industrial solid Waste to use its Landfill, waste Management. shall have the right to dispose of up to 5,000 gate yards per month, at the rate of $1625 per gate yard. (o) The City covenants and agrees that within 160 di'yl from the date the City receives notice from Waste Management that the Permit for construction of the Transfer Station has been issued, the City will no longet accept solid Waste at the City Landfill, provided such Transfer station is legilly operating. Both patties agree to work together to complete the filling of the City Landfill :a within that time, The City also covenants and agrees that 0940 Pot. ~ 11 r a Ala -e . _ Ka.c..y. I I I APR 16 '9i 10;$9 9ICXER?ITAFFa HEATH, SMILEY P,18 j until alter the earlier of Ii) delivery of the Non-Approval Notice or Ili) the expiration or termination of this Agreement, will the City Willnot reopen the City Landfill alter closure pursuant to Section 10(0) above, nor open any new landfill sites, transfer stations, incinerators or other Solid waste management facilities Iexcopt yard waste compost (soilitiea), (d) Provided (i) the Transfer Station is fully Permitted and E has commenced operations# and (ii) the City has taken appropriate _ action to direct Solid Waste in accordance with the provisions of - this Agrcomont0 Wacto Mnnogamont ohall pay to tho City, in part ao deferred disposal lses► the,sum of $1,700,000, as follows; Ii) $1,0000000 in cash payable on the date Waste ;w Management accepts any Solid Waste at the Transfer Station, and ,;s' Ili) the balance, being the sum of $700,000# shall be xri ~ paid in lone equal annual installments of $175,000, each, payable i ; ` beginning on the first anniversary data of the payment provided in (1) above and continuing on each anniversary date theroalter until , the sum of $700,000 is paid in full. (e) Additionally, Waite Management shall pay the City, - monthly in arrears (thirty (30) days after the and et the 'CLOT manth)0 twenty-five cents J$05) per gate yard or !Mild Waste (exclusive of Residential Waste and rejected special Waato) delivered to the Transfer Station until :1,500,000 has bean paid to r the City hation 11, Transfer station Rates, 'mo't r'I 1 17 r~ i E r. 5( L , ` I• Itkib '71 td~~y !!lU(tkSfHFF, HtH!H, 5M1lEY P. 19 4 I (a)(i) The initial Residential waste gate rate at the f Transfer Station for Residential Watetoite the Y&f d$ Cipov (the "Residential Waste Rate") shall be $5,20 pet 9 1 the Residential Waste Rate shall be adjusted annually, on January lot of each year► commencing January It 1992 (regardless of the commencement date of the Transter Station oparationa), based on changes in the Consumer price index (the "Cpl") by multiplying the Residential Waste Aate ti~aee a traction (the "CPI Adjustment rr, Formula,), the numerator of which is the Current index and the denominator of wnlon is the PrOVIOUS Index (aA said terms are hereinafter defined), 111) The Residential waste late may also be adjuctod from Limo to timo for any ohango in or addition of tax, fee$ surcharge or change in governmental regulations (together the z tt MOevaYnmantal Rate AdJUALmeAl_), Any oovarnaAntal Rate Adjustment , - except as specified below shall be presented to the City for approval prior to implementation, which approval shall not be unreasonably Withheld, if changes in local, state or federal law - result.in a per gate yard or per ton charge$ Waste management may add such charge to the gate rate specified herein without prior approvals but such charge must be separately relleoted on the invoice as a per gate yard or per ton charge resulting from the ! action of the governmental entity causing such charged to be r r imposed, 0490 federal surcharge of =,25 per tons The Residential Waste Rate shall not be transfsrrabie or assignable by the City to any other !bled paetye It the City grants any franchise or licenses for Residential Waste, such cats shall be th ~r ar F =.tr 6 / . ~ H I M I I • ryH 1u ii 1~W d~~HLI[OInT1• PRMINo b04k LT 20 0"0" f it 9-1 i $4-00 per gate yard, adjusted (a) annually on ,lanuary 10 1992 (regardless of the commencement data of the Transfer Station operation) based on the CPI adjustment formula and (b) from time to time based on the oovernmental Rate Adjustment in aceordahotei the above provisions, or the posted gate rate, whiphee.. a ! (b)(i) "index" shall rotor to the "(Consumer Price Index 10 for All Urban Consumers)" CPI-U' (all items; published by the United ' States Department of Labor, Bureau of Labor statistics 1482-1484 • 100,) published by the United States Department of Labor, Bureau of - Labor Statistics, or any auedessor to such agency. If publication - of the agency is discontinued, "Index" shall refer to domparbbte statistics with respect to the cost of living for all ur46e consumers published by any agency of thi United States government and mutually agreed to by the City and Waste Kanagement, ~a (il) "Currant Index" shall refer to the last bimonthly (if available, if not, the last quarter) Index published prior to v . the date of adjustments (iii) subjeot'tolthe specific exception in the next 1 eantenoe, "D tvious Index" shall refer to the last bimonthly (if available, it not, the last quarterly) index published just prior I to the previous data of adjustment. with respect to the first adjustment, the "Previous Index" shall refer to the last bimonthly (if available, it not, the last quarterly) Index published prior to the stfectiva data of thiv Agreement, al;. C ^l i V , 'v7. V { e • Y q r rTX'p /'i. Y I~'y a } I t I APR 16 '91 13126 BICKEPSTAFF HEATH S SMILEY P•9 i i {oy It after the er.?iration of the term of the City's Covenant Not To Compete (Section 4,5 of the Solid waste Management Service Contraot dated the City provides commercial and l industrial Solid waste servioe or grants, franchise for name ~ excludina Waste Management from the provision therefrom# the date j rate for the City or its franchisee for Solid Wash other than rv f ! Residential Waste and Special Waste generated, collected and hauled ' from within the City, shall be a maximum of $6,00 per gate yards Provided the gate rate shall be adjusted annually on January lat of each year, commencing January It 3991 (regardless of the r commencement date of the Transfer Station operations), based on the CDi Adjustment I'ormuia► and may be adjusted from time to time for Governmental Rate Adjustaente, in addition to the gate rate of ' $6,00 as adjusted per gate yard, there shall be a surcharge of $,26 per gate yard Iexolusivs of Residential waste) to be applied toward ' payment of the amounts due to the City under Section 10(e), Any Governmental Rate Adjustment except as specified below shall be presented to the City for approval prior to implementation, which approval shall not be unreasonably withheld, it any ch0ger in local state or federal law result in a per gate yard or, per tog oharge, Waste Management may add such charge to the rate specified heroin#, without prior approval but such charge must bs separstely ► reflected on the invoice as a per gate yard or per ten oharqe resulting from the action of the governmental entity causing such' ' e " charge to be imposed, e,g,,ledaral surcharge of $,1S per ton,, i s CRr i j ~ 1 APR 16 '91 13127 BICKERSTAFF HEATH 1. SMILEV P. to (c) As Soon as practicable after the annual Cat Adjustment each year, Waste Management Shall notify the City 0 any CPI based rate adjustment and upon request provide the supporting data that is the basis for the-rate adjustment. (d) In addition to the criterion set forth herein for rate adjustments► all rate adjuetments shall be just, reasonable, necessary and nondiscriminatory, (a) Gate rates for Special Waste► and all Solid Waste not generated, collected and hauled from within the City, shall be 'set from time to time by Waste Management# in Waste Management's t discretion, Saottio~n 12, DEW Landfill, Waste Management giants to the City a $1,73 per gets yard tipping fee (inclusive of current Taxes Department of Health fees) (the "DPW 'tipping Pee") at the DIV a Landfill for the Residential Waste hauled by the City, The DPW Tipping roe shall become effeotive upon the data of closing of the 1 ,r City W ndfill► and shall continue until the earlier of feOeipt by the City of Notice of Non-Approval, or Waste Management's Commencement of Operations of the Transfer Station, The DIV v Tipping Poo shall be subject to annual adjuatment, based on the CPI Adjustment Toratala ae of January let of each year,sueh adjustment to commlence on January it 1992 (regardless of the commencement dates of operations of the Transfer Station), The DPW gipping !ee shall also be subject to adjustment from time to time under the terms and conditions as described in Seotion 11(a) above (the Governurntal r Rate Adjustment), 1r -21- r 1 4 i u-" u4~.61.~krre0 ncnin. .4 116.0 i+,dd i i 8sotion 13. Performance Bond , Prlor to the execution of this Agreement, Waste Management shall provide a Performance bond of $1013,696 satisfactory to the City which shall be executed by a corporate surety or corporate sureties duly autnori:ed ono aamitteo to ao oussness in the state i , i of Texas and acceptable to the City. The Performance Bond shall provide for payment to the City in the event that the City Landfill c: has been closed and Waste Management fails to make provision for Syr the city's Residential waste pursuant to section 7(b)iii) of this r. Agreement, The amount of the Bond shall be $1,043,696, The bond amount shall be reviewed Annually on the anniversary of the exacutioA of this Agreement, and after receiving the written concurrence of the City as to comioutation of remaining volume of waste to „be digggsed gf by the City At Dell landfill pursuant to esotibn 7tbttvi, waste t' Management may reduce the amount of the bond' to reflect the proportionate reduction in the volume of waste remaining to be Ai~rknAPA of priroiianr M thok irify'„nrlrlPmw to tho npw ninnnlinr kI.J j set forth in $action 7(b)("X). Section 144 Uployee Matters, Waste Management Agrees to employ at the timsthe city Landfill is 010044 no sore than four persons who are emcloyed bi the City at the City Landfill at that t i mh, Mr A M n ► t i A M f A I X (,¢Z month period at their then current sates of pay, West* Management's agreement to employ such **ploy$*$ to contingent upon (i) satisfactory physical and drug screening of the employees E is y ~d r L , I nAmin(etered and evaluated pursuant to Waeto Kansgomant's than r current policies, and (ii) satisfactory licensing of Such employees to operate solid Waste collection equipment or Satisfactory testing t of the employees for operation of Solid Waste collection equipment adr+inistered and evaluated pursuant to Waste Management's then current policies. Such employees shall be eligible for employee ; benefits provided by Waste Management to its employees of comparable status provided however that such employees shall receive health care coverage for pre-existing conditions if such conditions are currently covered by the City's medical plan, vacation entitlement as if the employee had been employed as of the ~I dale of amisiaynaslt wily tis0 City, And to the extent permitted by r law and waste management's retirement plan such employees shell As t entitled to rollover and reinvest retirement funds withdrawn lroae f employees' City retirement plan upon termination of employment with., the Citye if it is Baste Management's intention to terminate any or all of the personnel at the and of the six la) Month period, Write Management will give the employee at least thirty day's ' 7n notice to the affected personal $cti i "presentations and Warranties, (a) The City hereby represents and warranter t+ 1 Belief is a home-rule municipality, duly organised 1i the. of laws the under standing I • and legally existing in good State Of Vexes, and has full Corporate power and authority subject to applicable City Charter provisions, but the City that as of the data of execution, City Charter 1~ ' represents 5 r. r 1 P,ti R 16 91 13128 BICKERSTAFt= HEATH & SwIL£Y AP . i provisions, except with respect to the City Site, have been Satisfied to enter into this Agreement, and to carry out the i transactions and agreements contemplated herebyl and (ii) This Agreement has been duly authorized by all necessary bodies and officials of the City, and upon execution and delivery thereo., "will be valid and binding thereon, enforceable against the City in accordance with its terms. (b) Waste Management hereby represents and warrantee (i) waste Management is a corporation, duly organised f and legally existing in good standing under the laws of the Y, State of Texas, was incorporated on Match 30, 1966 under the laws of that state,, and has full corporate power and authority to enter into this Agreement, and to carry out the Ms, transactions and agreements contemplated hereby. (ii) This Agreement has been duly authorised by the Basta t .k. .V of Directors of Waste Kanagement, and upon execution and delivery thereoft will be valid and binding thereon, ry enforceable against waste Management in accordance with its terms. _ o., rb-. r' 64011 n 1 Notices, Any notice, request for information or other docusunt to be given hereunder to any of the Parties hereto ` by the other party shall be in writing and shall be hand delivered or sent by certified or registered mail,, postage prepaid, at by overnight courier service requesting evidence of receipt am a part of its service, as follows' {s) it to city Addresses tot ` 24- r j f IaA~ ~ N city of Denton Attention city Manager 215 East McKinney i Denton, Texas 76201 (b) It to Waste Mana9ementl 1 Waste Management of Texas, Inos Y 1320 Greenway Drive, suite 900 leving, Texas 75038 Attni Region manager ' f (o) Copy toy nt of North America, Inc. v waste Nan! eme g a 1 3003 Butterfield Road Oak Brooke Illinois 60521 r Attno General Counsel Any party may change the lddreee to which notteeg boronnAtsr ArP in rf,, be sent to it by giving written notice of such change of address as s heroin providad, Any notice given hereunder shall be deemed given t. on the data of mailing, 0eetio_0, 6everability. It any provislon of this ' AgrPemnnt IA AAtormined to be illegal or knentoeoeablei sueh Y provision will be deemed amended to the extent necessary to confbrm to applieabis law or, if it cannot he wA amended without m6tw0ally altering the intention of the Parties, it will be deemed stricken and the remaineer of the Agreement will remain in full force and effect -25- 1 r„.,br., N. F. ,,y=c Mr•,"`"-u..rn 'r ' 6 4 f I Hem to "!1 li+d~ dlLktkSii+t. htArH, SMTLEr P, 27 4o6nr1nn 1A, AnRignment, 'thin Agreement is not assignible by either party without the express written approval Of the other i j party, sootion 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State Of Texas. This Agreement is performable in Denton County* Texas. Section ao. Amendment and Hodification, The parties hereto F` r may amend, modify and supplement this Agreement In such manner as MAY be agreed upon by each of them in writing., secti_ Binding Xffect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, sasigne and legal representatlvee. y , Section _22-t Entire Agreement. This Agreement and any documents attached hereto contain the entire agresesnt of the parties hereto with respect to the Transfer station and the other transactions contemplated herein, and sUpereede all prior aA+~ 1 understandings and agreements of the Parties with respect to the t.. subject matter hereof, Any reference herein to this Agreement shall be deemed to include any documents attached hereto. 9eetian 79, HoadIKlo, Cho docoriptivo_headiage in this Agreement are inewted for convenience only and do not constitute a part of this Agreement. «•A- -1 Section 21, Bxecutlon in Counterparts. This Agreement may be executed In any number of counterparts, each of which shall be - deemed an original. t. t w 11 1i 1 Y F ouLcr. F.c L H c: i. u~ u,~nu[t n r r rlcn m, I IN WITNESS WHEREOF, the parties hereto have caused this E ' r~ Agreement to be duly executed AS of the day -And year first wtittan i i above. WASTE HANAOEMENT OF TEXAS, INC. CITY OF CENTON { Bye byi y 1. ylr Names Namel Titl01 Titles i ATTEST t By i ; pp1 .r city Sore aey APPROVED AS TO IoWxo FORIf r E . ' ai ey1 d I M.,.r..r..r....~..aw.~.. ,•r ~x TSY, ~fvo city 10 27- r • Y^ .1 I ~ [1 1 : r IfFp n y i. r IFi+, r.g.. , a.. ~.;I;,.n.+ao.arda~-awtwS.k.Yr:':z+✓''d•x,.n,.;...e.«w 44