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12-17-1996
i I Mw~ g a1TE I u pone VICINITY MAP JUDD 8, Mtll 1 r e w1u a PG Tr 1 APPROMAM LOCAPIOM OF $OU1M DONVARY MAP COMMMAWN AM~IEINNU 400194 0005 0 UNE OF 31 p, 0AIM AVOW M7, ARCS OF 300-WAR (1000, i l i ~IW ri r TOSTADA, INC, TO 9CLIEVERS FELLOWSHIP OF r i 11~.a DENTON, TEXAS, INC, CC/ 95R-0062975 J.. VACANT tow ' (NOq-Sli1D8'O) o~ Aa CD la~ssJ n 3Qd P 410 B U u ~ i 1 _ tcR • !T!4?!4qrll IEWWA XI r lLANV-%LAPIT f"MALN161 MUM CIns.11T V1-T u " - On - Ate' . _ - iia►~ uacii ~ u IMO `ItC' INN PIN 0'1 at _ ED P LOT 1 ~o~ V. scMOac t ~ scnrr aDDITIai SECTION ONE CAB, K, PG, 2, P,I i Iti~~ r „I PART OF THIS TRACT IS WITHIN ZONE 'A', AREAS WITHIN A LOO YEAR FLOOD PLAIN AS SHOWN B'~ FIRM MAP COMMUNITY PANEL NUMBER 080194 Dos Do DATE AUGUST 4I 1987• I 30 15 0 30 60 90 SCALE IN FEET s r L JAC, Its 30* CND 4 II- I 01Qi DATE I 1 ' DATE RENSIONS ey" to-3o- ro9s itr f t UL a K- . 5 !1 11 4k 1 v- - r `1 r I ,i i i 00 400 dew OW 1 ~r 1 Us Ogg f IMMMUMMOMO~ f W a Legal Description dpw McKenna Pork COMMMIGotIa" Facility PANWAU 1EINO a 0,0791 Act ,07111 Acre Tract of Land situated in the City of Qenton, and being out of 1 out Of the RM T ![AIAMW *AMy, Abstract No. 31, Denton County Too +ntx. Te"e, gnC eina osr a aji iad tag oRL&Ar,jet I of land dese►' d DVAIL "Aw1" 00' recorded In Valunw 31 t 0000 4W , 3W County, Texas d bit 1 1 Co"NC I NO the u I MCKENNA PARK I and now a l y CAUJM MOO ACRES flCtl~ I. • 400 Scale 1" 100 LOO !t V O L 3 % M THENCE North I t h r~ LCUM WO M "T To so" D,R,D.,T, I n distance of 4500 ,ft l I THENCE East deport I . i of 110072 feet to IsOHiT 0~ THENCE North de of 01,47 feet t~ m UNE DIREC71ON DISTANC ~'ANCE IS ~y Q1t THENCE North do L1 N89"08 33 W 98,47 84.4 / r„C. wlr IIe,X', of 31.00 feet f ► L2 Nn0`8127"E 35400 ~ ~ ~ MOW THENCE South 1 do S89b80 33N E 98,470 of 01,47 feet fbr LL4 7 01 y c ~ THENCE S fiitOtbdoi <2o A of %MO 0 R feet of land of O,i w r I $zz d~ ci mallWAS 0 1 r~ t m I~ z m ora~~-r , O 1 i f 4 Y _ W1~0 1 ZL a i O m i`,,• 4 T ME UPROPOSEDCABI ETISA0 PRECAST CONCRETE . ~ ~ STRUCTURE 1MFIICM WILL O HOUSE EL CYRONIC SNITCH" AND PHONE EQUIPMENT. SITE SURFACING SMALL CONFORM TO CITY ORDINANCES AND REQUIRDAMT& ^ao N1 THIS, FACILITY SMALL NOT MAW EXTERIOR AUDITORY 00 way ! sm VEMM L UMINARIM SIGNS OR UGHTING. . NO PROPOSED STREETS OR ALLEYS, 7 X40 PROPOOM a ~ f row I I OOMlAf 'N4LP M'M*e w I b m 'Q DETAIL "A" ZONING: SF-10 NOV x L17 y.. f ..T ISO SITE PLAN FOR WIRELESS COMMUNICATIONS A Vii. R' n~c► o~r 5 iom 1a VO 3 39 ANTENNA AND ACCESSORY CABINET I I CAIMI 4 w A00REOAU MIN poopatm .R. .C, MW TO SCALE PRIMECO PERSONAL COMMUNICATIONS 9 SITE# COI62A JINX, f o I T McKENNA PARK OF , B .8, do C,R,R, , Room= Noun - 4, 19 31 Cil CITY OF DENTON. DENTON COUNTY. TEXAS GEN PUCHA 1E 939.72 mom ,Y Lit am" `D1° PRIMECO PERSONA. COMMUNICATIONS 5221 N. O'CONNOR BOULEVARD I WT TO W SUITE 100 FHa IRVING, TEXAS 75039 auwN n PHONE (972)337-3000 FAX (912)337-3119 i~ Y .i f. ' i s__aA :~~_jrl I r J' i, W 1 '1 tQ 7 yY 1 P4 1 Y,14^ 740 i i r 174 . ! J 746 744 742 7,18 7,36 7J4 732 I I 2 A riH~ r LI ZONINGS ~ .1 r' i ~ 1 1 r 1 ~ 1 S 8951'30 E qq~ 44 SITE PIA 146,89 CAIr~MAC' SCalf rN ~ Irv, ~w}~.rr ww wrrr~ ryrr rr r~r+w ~ .r r r r rr ramrw to am r lw"womom ■ 013 ri Ioo Deb w~.rLwr~ww.r wrrrLrrL+rrrr.~rr.wr wrrhwrw rrrww~+w rrrrewwr r~yrw rrrrrwrrrr rflawbrrr tf to WIDE EASEMdN 46' TO GEN AL TELEX 0,4!; COMPANY ? rAf W AtM 0 `THE SOUTHWEST, n 11gQ~gDf RPR ,I zrr t S 1 ' wm) r fKMf R vt } ~w 64 LP L 0 C A T 1 0 N M A P SNADIN INOIG ON INDICATES GRAS AREA MS AREAS r 1 ~ \ ~ 1 r I IV~ tl1 opt, No 100 41 04 y1 y~ i v SIR" Erstlr+~1 N y YARD l! p t 90 p J YARD 'V ~A 'rA,, l ' Y SYM!lIOL NAME a AE JQTY SIZE AW OTHER REMARKS 734 M j 1NE OAK V) BRAOFORd PEAR x CYPRESS LI ZONING b BUFORD HOLLY 20' UTILITY 0 SIOEWAIK FEE PLAT ~T .i. ~C SUS r' SYMBQL NAME I I m 110 NICE` 2822/01 " RPR w U11U1Y ~ [k1EN0! 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I 1 ~i ~L - UGi'L f } j i I CI7"Y COUNCIL AGENDA PACKET December 17, 1996 t daonda AOBNDA Agenda Item CITY OF DPNTON CITY COUNCIL Dato_~a.°-- December 17, 1996 The Council will hold a reception honoring Council Member Jeff Krueger on Tuesday, December 17, 1996 from 5;00 - 7;00 p.m. in the Expansion Area of City Hall, 215 E. McKinney, Denton, Texas, During that reception the Council will hold a Special Called Session at which the following item will be considered; 1. Resolution of appreciation for Jeff Krueger. Regular Meeting of the City of Denton City Counoll on Tuesday, December 17, 1996 at 7,00 p,m, In the Council Chambers of City Hall, 215 S. McKinney, Denton, Texas at which the following items will be considered; 1, Pledge of Allegiance A. U.S. Flag i B. Texas Flag i "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and Indivisible," 2, Consider approval of the minutes of : ~ptember 24, 1996 and October 1, 1996, ~'~{CC 1:1)EAItING 3. Public hearing and give direction with regard to the proposed annexation of 11.24 acres located south of Robinson Road and east of Nowlin Road, (A-74) (The Planning and Zoning Commission recommends approval 6.0) 4, Hold a public hearing and consider an ordinance for a specific use permit to allow for overnight parking and camping of recreational vehicles on 4,226 acres, The site Is located on the west side: of Interstate 35, south on Camping World, (Z-96-037) (The Planning and Zoning Commission recommends approval, with condition, (5.0)) 5. Hold a public hearing and consider an ordinance for a specific use permit to allow for a communication tower on 18 acres of land bounded by Bonnie Brae, Scripture, and Thomas, known as McKenna Park (Z-96.046) (The Planning and Zoning Commission recommends approval 7-0.) 6. Hold a public hearing to consider an ordinance approving a detailed plan of 0.4528 acres In Planned Development I (PD-1) for a parking lot. The subject property Is located on the west side of Oay Street, 226,30 feet north of University Drive (US 380). (The Planning & Zoning Commission recommends approval 7.0.) YA$iMCES. 7. Consider exaction variances for Lot 3, Block 1, of the Scott Addition; A. Section 34.118 requiring the extension of water and sewer mains, B. Section 34-116(e) requiring adequate water capacity for fire protection purposes. I s P City of Denton City Council Agenda December 17, 1996 Page 2 C. Section 34.116(0) requiring fire hydrants. F The subject property Is in Plamted Development I (PD-1) and Is located on the west side of Clay Street, 226,30 feet north of University Drive (US 380), (The Planning & Zoning Commission recommends approval 7.0,) 8, Consider exaction variances for Spring Hill Bstates; A. Section 34.114(3) regarding road construction standards, B, Section 34.114(17) regarding sidewalks along Imerlor streets. C. Section 34.116(e) requiring adequate water capacity for fire protection purposes, D. Section 34.116(0) requiring fire hydrants R. Section 34-124(e) regarding concrete channel lining, F. Section 34-125(b) to allow for private streets, The sttbjeet property is in the Bxtraterrltorial Jurisdiction (ETJ), consists of 110,284 acres, and is located on the south side of US 380, east of PM 156, (The Planning & Zoning Commission recommends approval of Items 8A, 88, 8E, 8F by a vote of 5-0 and Items 8C, 8D by a vote of 6-0 ) CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the City Manager or his designee to Implement each item in accordance with the Staff recommendations. The City Council has received background Information and has had an opportunity to raise questions regarding these Items prior to consideration, Listed below are bids 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 9-21), This lisling Is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items below will be approved with one motion, A citizen may not speak or fill out a "request to speak" form on an item on the Consont Agenda unless the Item Is removed from the Consent Agenda, The speaker shall be allowed to speak and the Item shall then be considered before approval of the Consent Agenda 9. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (Bid #1958 Aerial Device Bucket Truck and Utility Power Source Truck) 10, Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (Bid #1959 12 CY Dump Truck Chassis and 27,500 LB OVW Truck Chassis) a iCity of Denton City Council Agenda December 17, 1996 Page 3 It. Ordinance accepting competltlvo bids and awarding a contract for purchase of materials, equipment, supplies or services, (Hid #1960 Loader/Backhoo Tractor & Skid Steer Loader) 12. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (Bid #1962 Circuit Breaker Replacement) 13, Ordinance providing for the expenditure of funds for emergency equipment, supplies or services In accordance with the provisions of s atecawooxemof aals, pting such purchases from requirements of competitive bids. (P,U #7t976 , Able Sheet Metal) 14, Ordinance of the City of Denton authorizing the expenditure of funds for the purpose of payment by the City for reimbursement of cost for design and construction of joint treated water pipeline on South Teasley Lane to Upper Trinity Regional Water District, 15, Ordinance authorizing the City Manager to sign contract between the city of Denton and HOPE, Inc, (Bid #1981) 16, Ordinance authorizing the City Manager to sign contract between the City of Denton and North Texas Community Clinics, (Bid #1983) 17. Ordlnanco authorizing the City Manager to sign contract between the City of Denton and North Texas Pducatlon and Training, (Bid #1982) 18. Ordinance authorizing the City Manager to sign contract between the City of Denton and Fred Moore Day Nursery School, Inc, (Bid #1980) 19, Ordinance authorizing the City Manager to sign contract between tho City of Denton and Denton City County Day Nursery School, (Bid #1977) 20. Ordinance authorizing the City Manager to sign contract between the Cit of Dento County Friends of the Family, (Bid #1979) y nand Denton 21, Ordinance authorizing the City Manager to sign contract between the city of Denton and SPAN, (Bid #1978) A-FXS 'Oft pjayiD tAI, CODYSI 1~ TI 22, Ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Affordable Housing Corporation for an Increase In the supply of affordable housing in the City of Denton; authorizing the expenditure of funds Therefo effective date, re; and providing for an 23, Ordinance authorizing the City Manager to execute a tower lease agreement between the City of Denton and Dallas MTA, L.P, for property located at the Spencer Radio 'Power and the McKenna Park Radio Tower, Denton, Texas, i City of Denton City Council Agenda December 17, 1946 Pago 4 24, Resolution approving the agreement for transfer of assets from the Plow Foundation, Inc, to the Plow Health Caro Foundation, Inc, subject to the conditions of this resolution. 25, Resolution appointing Ted Benavides to the Board of Directors of the Industrlal Development Authority Board. 26. Nominations/appolntments to boards and Commissions, f 27, Vision Update 28, Miscellaneous matters from the City Manager. J 29, Official Action on Closed Meeting Items; A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 30. New Business This Item provides a section for Council Members to suggest Items for future agendas, 31. Possible Continuation of Closed Meeting; A. Legal Matters U=tder TEX, OOV'T CODE Sec. 551.071 B. Real E3state Under TEX, GOVT CODES Sec. 551.072 C. Personnel/Board Appointments Under TEX OOWT CODE Sec. 551.074 CBRTIFICATP, I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1996 at _o'clock (a.m.) (p.m.) CITY SECRRTARY G 1 f f City of Denton City Council Agenda December 17, 1996 Page 5 NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH T13P, AMERICANS WITH DISABILITIES ACT, THE CITY WILL, PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-RBLAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE, i ACCO0352 i ; i { i` I y b iC Agenda MINUTES Agenda CITY OF DENTON CITY COUNCIL September 24, 1996 The Council convened into a Closed Meeting ors Tuesday, September 24, 1996 at 5145 p,m. in the civil Defense Room of City Hall. PRESENTI Mayor Millers Mayor Pro Tom Brooks council Members Beasley, Bites, Cott, Krueger, and Young, ABSENTI None 10 The Council considered the following in Closed Meetings A. Legal Matters Uneler TEX. GOVT CODE Sec. 551.071 1. consulted with attorney regarding status and strategies regarding RPS/Weber & Barnes v. City, and considered mediation or settlement. 2, Discussed and considered a resolution retaining Haynes 4 Boone, LLP to represent the city of Denton in its franchise fee dispute with GTE. B, Real Estate Under TEX. GOVT CODE Sea. 551.072 10 Discussed the exchange, lease, or value of 8.565 acres, being a portion of South Lakes Park in Abstract 616 and 1007 In the City and County of Denton, to be exchanged or leased to the Denton Independent School District for 5,105 acres in Abstract 186 in the City and County of Denton on Windsor Drive plus additional land out of these abstracts as necessary to assure an equivalent exchange. 0. Poreonnel/Board Appointments Under TEX. GOVT CODE Sea. 551.074 The Council convened into a Special Called Meeting on Tuesday, September 241 1996 at 7100 p.m, in the Council Chambers of City Hall. PRESENTI Mayor Miller; Mayor Pro Tam Brooks Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENTI None 1. The Council considered adoption of an ordinance authorizing the City Manager to execute a multiple use agreement between the City of Denton and the Texas Department of Transportation to permit the construction, maintenance and operation of a day labor pavilion on the highway right-of-Way of U.S. 377 in the City of Denton, near Collins Street. Rick Svehla, Deputy City Manager, stated that he would be discussing both Items #1 and #2, Item #1 was a multiple use agreement with TXDot regarding the right-of-way on U.S. 377. The ngreement would allow the use of the land for a day laborer pavilion. Item #2 would lease the property to the Denton Heritage Christian Academy (Denton Humanitarian Association). Under the agreement the Association would assume the same I fi F r„ Cit of Denton City Counoi.l Minutes September 24, 1996 Page 2 items that the City would assume from TxDot, Liability, improvements to the site, eto, would be done by the Association, The city would help with liaison work With TXDot, inspections of the site and types of improvements the Association would be doing. This would help solve the problem of the day laborer situation, The entrance to the site would be off Myrtle Street, A pavilion would be built on the site with landscaping and irrigation. Restroom facilities would be on site with a water fountain, The following ordinance was considered: NO. 96-214 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A DAY LABOR PAVILION ON THE HIGHWAY RIGHT-OF-WAY OF U.S. 377 IN THE CITY OF DENTON, TEXAS, NEAR COLLINS STREET) AND PROVIDING AN EFFECTIVE DATE, Young motioned, Silas seconded to adopt the ordinance. on roll vote, Beasley "aye", Brock na+~, Cott itaye", Krueger lfayell, Young Playa,,, Silos "aye", and Mayor Mys11er "aye". Motion carried unanimously, 26 The Council considered adoption of an ordinance authorizing the C Denton and Denton ity Manager to execute Heritage multiple use Academy, between the City of Denton Humanitarian HAssociation to permit thecon construction, mbusiness as aintenance and operation of a day labor pavilion on the highway right-of-way of U.S. 377 in the City of Denton, at 221 West Collins Street, The following ordinance was conaideredi NO. 96.215 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS, TO EXECUTE A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON HERITAGE CHRISTIAN ACADEMY, INC, DBA DENTON HUMANITARIAN ASSOCIATION TO PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A DAY LABOR PAVILION ON THE HIGHWAY RIGHT-OF-SWAY OF U.S, 377 IN THE CITY OF DENTON, TEXAS, AT 221 WEST COLLINS STREETr AND PROVIDING AN EFFECTIVE DATE, Young motioned, Biles seconded to adopt the ordinance, On roll vote, Beasley tlaye}', Brook "aye", Cott "aye", Krueger I'ayo", Young "aye',, Bilas "aye", and Mayor Miller "aye". Motion carried unanimously, 34 The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Nebrig & Associates, Incorporated to lease certain premises of the Municipal Airport and construct and maintain an office, hangar, maintenance and related aviation facilities thereon. f u 5 i city of Denton city council minutes September 24, 1996 Page 3 Soseph Portugal, Assistant to the City Manager, stated that this ordinance would authorize a lease agreement for 30 years with Nebrig & Associates, There would be two ten year options. The initial lease was for approximately 1,50 acres with an option for an additional 1.5 acres and 1,7 acres, Under the initial lease an offioe/hanger complex would be built for aircraft that they would be brokering. The second parcel would involve the building of t-hangers. This firm was currently based at Love Field and would be moving their facility to the Denton Municipal Airport, The following ordinance was consideredi NO. 96-216 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND NGBRIG & ASSOCIATES, INCORPORATED TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT AND MAINTAIN AN OFFICE, HANGER, MAINTENANCE AND RELATED AVIATION FACILITIES THEREON) AND PROVIDING AN EFFECTIVE DATE, Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brook ''a e", Cott "aye", Krueger °aye"t Young Raye", Biles "aye$', and Mayor Miller "aye". Motion carried unanimously, Texas T Municipal council League to considered sponsor aproval T legislation resolution allow qu members the governmental bodies to deliberate board and commission member appointments in Executive Session under Tex, Gov't Code Section 551,074. City Manager. Benavides stated that at the Council's annual planning meeting, Council had indicated to staff a desire to develop a resolution regarding this matter. if Council approved this resolution, it would be forwarded to the Texas Municipal League for their consideration. The following resolution was considered: NO. R96°055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO ALLOW MEMBERS OF GOVERNMENTAL BODIES TO DELIBERATE BOARD AND COMMISSION MEMBER APPOINTMENTS IN EXECUTIVE SESSION UNDER TEX. GOVIT CODE SECTION 551.074; AND PROVIDING AN FFFECTIV}1 DATE. Beasley motioned, Brook seconded to approve the resolution. On roll voteBeasley "aye", Brook llayoll, Cott °ayet', Krueger uayen, Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 51 The Council considered approval of a resolution authorizing the City Manager to request the Texas Municipal League to monitor legislation by the 75th Legislature to further change the Public Utility Regulatory Act until Texas has an opportunity to understand the G City of Denton City Council Minutes September 24, 1996 Page 4 effectiveness of the changes that are currently being adopted for the wholesale electric market in Texas, Bob Nelson, Executive Director for. Utilities, stated that major changes were taking place in the electric industry with the wholesale market being restructured and deregulated, It was anticipated that there would be major farces in the legislature to extend the regulation to the retail sector, All publicly-owned electric utilities were concerned about extending n about those reliability and to a the retail serious concer tric possibility of a market. higher electric cost to small customers who would be required to assume the cost incurred by lost revenues for customers leaving. This resolution would be forwarded to the Texas Municipal League asking them to monitor the situation. The following resolution was (,onsideredr NO. R06-056 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST THE TEXAS MUNICIPAL LEAGUE TO MONITOR LEGISLATION BY THE 75TH LEGISLATURE TO FURTHER CHANGE THE PUBLIC UTILITY REGULATORY ACT UNTIL TEXAS HAS AN OPPORTUNITY TO UNDERSTAND THE EFFECTIVENESS OF THE CHANGES THAT ARE CURRENTLY BEING ADOPTED FOR THE WHOLESALE ELECTRIC MARKET IN TEXAS) AND DECLARING AN EFFECTIVE DATE. Biles motioned, Brook seconded to approve the resolution. On roll vote, Beasley uayau, Brook P1aye°, Cott uayen, Krueger lfayelr, Young "aye", Bilos "aye", and Mayor Miller "aye". Motion carried unanimously. 61 The Council considered adoption of an ordinance approving and ratifying the Mayor's execution of a settlement agreement, and I authorizing the Mayor to execute all documents necessary to effectuate such agreement in the matter of John T. Webber and Er g S Barnes Plaintiffs v. City of tent n, Texas. Defendant. v. RPS Ventures,~ngj_.L Ramnik U. Rana and lpushna.Rana, Intervenors and RPS Ventures. Inn.. £tamnik U Rena and Pushes Rana Plaintiffs v City or Dentct, Defendant v. john T. Webber a~ Eric S. Barnes, Intervenors, cause No, 95-40737-3621 authorizing payment of $110,000 to RPS VAlltures, Ino., Ramnik U. Rana and Pushpa Rana and the performance of other terms and conditions. City Attorney Prouty stated that mediation in this case resulted in all of the parties signing a mediation agreement which would dispose of these lawsuits. Some of the main terms of the settlement included that the City would pay RPS Ventures $110,000, there would be a rezoning of the property to Commercial with uses only allowed in general retail, some costs would be paid by the City, and liaisons would be appointed within the City's Economic Development staff to help market the property, The ordinance would approve the mediation agreement and authorize the Mayor to execute other documents necessary to settle the agreement, G City Of Denton City council minutes September 24, 1996 Page 5 The following ordinance was oonsideredt N0. 96-217 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND RATIFYING THE MAYOR'S EXECUTION OF A SETTLEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT IN THE MATTER OF 9OHN T WEDBER AND ERIC a. PLA I MIFFS V CITY OF DENToNr, - 2 RES TEXAa hF~xk+►tne~rm INC.. R_A_MNru n. nn~,* ANb P T1~ubr bn _RPS VENTURES. INTERV~'NOU- AND RPS NT S, I N RAMNIX U NA. rrirp,+r5 OF bENTnN_ -~i-1~NA AND PUSHPA ANA urt.r►r TEXAS. DEFENDANT.V, JOHN T, WEBB•R AND R,IC S, B r? INTERVENORS. CAUSE N0, 95- - 40737-3621 AUTHORIZING PAYMENT OF $110,000 TO RPS VENTURES, INC., RAMNIX U. RANA AND PUSHPA RANA AND THE PERFORMANCE OF OTHER TERMS AND CONDITIONSI AND DECLARING AN EFFECTIVE DATE, Biles motioned, Brook seconded to adopt the ordinance, John Weber stated that he supported the mediation agreement, Last weekend there was a very successful Dania Fall Festival with many participants, Over 60 area businesses donated prizes, food and supplies for the Festival which showed that the area had not only the support of the neighborhood but also the businesses, Mayor Miller indicated that Joe Dodd had submitted a Speaker Card indicating that he did not wish to speak on the item but waa in opposition to the proposal, He indicated that $110,000 did not make Denton a better and safer place to live, Mayor Miller stated that one condition in the settlement was that no hotel/motel would be built on the site. On roll vote, Beasley "aye", Brock °ayelt, Cott "ayeff, Krueger "aye" Young "ays", Biles llaWt, and Mayor Miller "aye". Motion carried unanimously, 74 The Council considered approval of a resolution accepting the resignation of Council Member Jeff Krueger and expressing sincere appreciation for his unselfish services as a council Member for District 21 and requesting the Governor to proclaim an emergency to allow the city Counoil to call an emergency election under the Texas Eleotion Code to fill the vacancy in the District 2 City council seat. City Attorney Prouty stated that in passing this resolution tho council would first be accepting the resignation of Council Member Krueger, A difficult aspect of this resolution was trying to comply with the City Charter and State law, Even though council Member Krueger had resigned and the Council accepted that resignation, he would continue to serve until either he was sworn in as a County Commissioner or his successor was elected and qualifiedi The city Charter indicated that a special election should be hold wthin 60 days, However, there was no uniform 4 { City of Denton City Counolil Minutes September 24, 1996 Page 6 election date under the Texas Election Code in that time period. The November election date was not available due to the presidential election. The next available date was January 18th. Too only exception which would allow the city to hold an election within the time required by the City charter would be if the Governor would declare an emorgonoy election. That would not be easy and probably had never been done before. XP, the city was successful in having the Governor declare an emergenoy, the council would have to call the election at the October lot meeting or the very latest at the October 15th meeting, This election would have to be preoleared with the Justice Department, If the Governor did not declare an emergency, the election would be January 10th and the Council would have to call the election on November 19th. Council Member Krueger stated that he was not trying to not perform the duties of a oouncil member, He was trying to not have a vacant seat on the Council which would provide for an easier and smoother transition to the position. The following resolution was consideredi NO, R96-057 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF DENTON ACCEPTING THE RESIGNATION OF COUNCI.LMEMBER JEFF KRUEGER AND EXPRESt3ING SINCERE APPRECIATION FOR HIS UNSELFISH SERVICE AS A COUNCILMEMBER FOR DISTRICT 2; REQUESTING THE GOVERNOR 710 PROCLAIM AN EMERGENCY TO ALLOW THE CITY COUNCIL TO CALL AN EMERGENCY ELECTION UNDER THE TEXAS ELECTION CODE TO FILL THE VACANCY IN THE DISTRICT 2 CITY COUNCIL SEAT; AND PROVIDING AN EFFECTIVE DATE. Brook motioned, Cott seconded to approve the resolution. On roll vote, Beasley "ayall, Brook. "ayell, Cott aayell, Krueger I'aye", Young "aye", Biles "aye", and Mayor Miller °ayetf. Motion carried unanimously, 81 The following official action was taken on Closed Meeting Itemss The following resolution was coneidereds NO. R96-058 A RESOLUTION RETAINING HAYNES AND BOONE, L,L.P, A4D HELM, FLETCHER, BOWEN & SAUNDERS, L.L.P,, TO REPRESENT THE CITY OF DENTON IN ITS FRANCHISE FEES DISPUTE WITH GTE; AND PROVIDING AN EFFECTIVE DATE, Biles motioned, Young seconded to approve the resolution, On roll vote, Beasley "ayett, Brock "a a", Cott "nayri, Krueger 'taye", Young )'aye',, tiles „aye", and Mayor Miller "aye". Motion oarried with a 6-1 vote. Following the completion of the Special Called Session the Council convened into a Work session. I' City of Denton City Council Minutes September 24, 1996 Page 7 PRESENTI Mayor Millers Mayor Pro Tom Brock) Council Members Beasloy, Biles, Cott, Krueger, and Young, ABSENTt None 1, The Council received ei report and hold a discussion regarding route revisions of the public transportation system. Joseph Portugal, Assistant to the city Manager, stated that on Tuesday, October 1st the transportation system would undergo significant changes. Factors influencing the route revisions included a reduction in federal funding, an assessment of existing routes, public comments, suggestions and requests. The review process included a peer review with an outside transit planner, a public hearing, input from the SPAN ADA Advisory Committee, input from the City of Denton staff, and the development of a new system map. Goals and objectives of the revisions were cost effectiveness, efficiency and oonvenionce. Effects of the route revisions included reduced fixed routes, reduced operating hours/vehiole miles, reduced Saturday service and the elimination of holiday service. Routes were reduced from five to four. A distribution of new route maps wp'ald be at governmental facilities, the Golden Triangle Mall, the outlet Mall, retail centers, financial institutions, Chamber of Commerce, medical facilities, residential faoilities, educational facilities, and SPAN vehicles. A full page ad would be placed in the Denton Record-Chraniele and the new route signe were in place and ready to be used, Council Member Young felt that the SPAN services were meeting the needs of the people, Council Member Boasley asked about funding for the following year. Portugal stated that it would be a policy decision of council which might include the encouragement of funding for public transportation, Council Member Cott felt that the private sector should be considered as a funding source. 2. The Council received a report, held a discussion and gave staff direction regarding amendment to the current investment policy. Harlan Jefferson, Director of Fiscal Operations, stated that at the last legislative session amendments were made to the Public Funds Investment Act. 'rho changes included a monthly independent review by the internal auditor and an annual review by an external auditor, The Investment Committee had reviewed the City's current policy and recommended the following changess change the annual report date from the and of the fiscal year to the end of the calendar year, require all wire transfers to have written confirmation with proper exchange and verification of personal identifications numbers, i 1, . City of Denton city council minutes September 24, 7.996 Page a Biles motioned, Brook seconded to move forward with the proposed changes. On roll vote, Beasley °aye+l, Brook "aye", Cott "aye's, Krueger ,lays'', Young "aye°, Biles Ifayeu, and Mayor Miller "aye", Motion carried unanimotialy, 34 The council received a report, held a discussion and gave staff direction regarding billing proposals for Emergency Medical Services, Harlan Jefferson, Director of fiscal Operations, stated that this item had been under consideration for a long time and became a more urgent issue when it was learned that the selected CAD system and the billing system were not compatible with the new computer system, major short- term goals were to reduce processing time and the duplication of entries of EMS billing, Specific and measurable program objectives included producing EMS statements within 24 hours with all statements and mailings to be handled externally, Specific program productivity measures affected by this proposal included an increase over baseline, a faster return on revenue and internal staff would be available to concentrate on utility account receivables. Outsourcing the EMS billing would allow internal staff the time needed to work on other departmental goals, The City would receive revenue faster as a result of customers receiving bills faster. Additionally, the processing and mailing expenses would be absorbed by the external billing company, staff was recommending that the bid of Diversity Health Care/Dootors Reporting Services be accepted, Council Member Cott asked it there was a problem with the billing or the oollecting aspect of this process. Jefferson stated that it was more of a billing problem than a collection problem. Currently staff had to use two software packages to enter the billings, outsourcing the billings would be a savings and allow the current staff to provide other services. Brook motioned, Young seconded to proceed with the proposal. On roll vote, Beasley nayell, Brook ,layell, Cott nayerl, Young "aye", Biles 06yell, and Mayor Miller t'ayell, Motion carried unanimously, 4. The Council received a report., held a discussion and gave staff direction concerning a proposal by the Denton County Tax Assessor's Office for collection of City of Denton taxes. City Manager Benavides stated that Mary Horn had approached the city to collect its ad valorem taxes. Staff had analyzed the proposal and had recommended earlier to council that the City had the expertise to collect the taxes and could do it as cheaply as the County. As this was important information there was a need to keep control of it as much as possible in order to collect other fees and charges. Staff was recommending to continue with the present method of collecting ad valorem taxes. a;n City of Denton City Council Minutes September 24, 1996 Page 9 Council Member Young stated that he understood the recommendation but he represented the citizens, His callers indicated that they liked the proposal of one-stop tax paying. Young motioned, Cott seconded to turn over the tax collection services to Mary Horn. Mayor Pro Tom Brock reminded the city Council Members that one of the reasons City Manager Bonavides was selected was because of his strong background in finance and budgeting. He had made a strong recommendation and she had faith in his recommendation and in the numbers presented. She had a concern with the proposal with five taxing entities being controlled by the County Tax Asseasor. The per item cost might seem low, but once no one in the county except one office collected the taxes, there might be a situation where there would be no control over increased costs, She also felt that. the City's system was run by professionals. Mary Hornts position was a political position which could change every four years, She had a groat deal of confidence in the City staff to keep the current system, Council Member Krueger stated that he had already voted for such a proposal while on the DTSD Board of Trustees and the affect was very positive for the DTSD. The need for delinquent tax collection had decreased as the collection rate had increased with the DTSD. There was no adverse effect on Denton citizens who could pay all taxes on one bill, This was more convenient for tax records and would be downsizing of local government which he felt was good. Council Member Beasley stated that the prior agenda item indicated a problem with the EMS billing which needed to be changed, she questions why change the tax collection system when there was no problem with this system. she was against outsourcing unless there was a good reason for doing such, The City should be running as any other business and this should be done in-house, There was no reason to go outside when the current staff was doing a good job, Council Member Biles stated that the City would soon be engaging in a top to bottom management review which would determine whether operations could be improved, He felt that this proposal should be included in the process along with the other issues, Mayor Miller stated that the Council had had a prior discussion regarding the issue, The Council was responsible for setting the tax rate for the City of Denton with very efficient staff in this area, The Council, over the last three years, had reduced taxes. He felt one consolidated tax bill would cause citizens to hold all entities accountable, If the current process was done efficiently, he was not in favor of changing that process, Council Member Young indicated that an earlier discussion had produced no objections with the current system. He had since received calls from citizens who asked him to bring the item back to the Council. i'il' JIJ ~y 1 City of Denton city Council Minutes September 24, 1996 Page 10 On roll vote, Beasley "naylt, Brook "nay", Cott "aye", Krueger 'lays", Young "aye", Biles "nay", and Mayor Miller "nay", Motion failed with a 3-4 vote, V. The council received a report, held a discussion and grave staff direction regarding a proposed resolution to exercise the power of eminent domain by the Upper Trinity Regional Water District for right- of-way for Sanger water supply pipeline, Bob Nelson, Executive oireptor for Utilities, stated that the Upper Trinity Regional Water District was proposing to extend its pipeline from Exposition Mills to Sanger in order to furnish water to Sanger, The city was working with Sanger to participate with the pipeline to Milam Road, State legislation required the UTRWD to get Council consent to exercise eminent domain, The Public Utilities Board had recommended approval. Krueger motioned, Young seconded to proceed, On roll vote, Beasley "aye", Brook "aye", Cott "aye", Krueger "aye", Young flayen, BileS "aye", and Mayor Miller "aye", Motion carried unanimously, With no further business, the meeting was adjourned at 800 p,m, ~AOK MILLER, MAYOR CITY OF DENTON, TEXAS ,7ENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0343 i 1 s: MINUTES CITY OF DENTON CITY COUNCIL October 1, 1996 The Council convened into a Closed Meeting on Tuesday, October 1, 1996 at 5s45 p,m. in the Civil Defense Room of City Hall, PRESENTt Mayor Millerl Mayor Pro Tom Brockl Council Members Beasley, Biles, Cott, Krueger, and Young, ABSENTt None 1. The Council considered the following in Closed Meetings A. Legal Matters Under TEX. GOVT CODE Sea, 551.071 1, Discussed status and considered settlement of subrogation claim of Phillip and Elizabeth Baker. 2, Considered rescinding Resolution R96-058 and incorporating the terms of such resolution with revisions into an ordinance or reconsider the adoption of such resolution relating to the GTE fi:anchise fee dispute, no Real Elbtate Under TEX. GOV'T CODE Soo, 551,072 0. Poraunnel/Board Appointments Under TEX. GOV'T CODE Sea. 551,074 The Council Convened into a Regular Meeting on Tuesday, October 1, 1996 at 7too p.m, in the Council Chambers of city Hall. PRESENT= Mayor Millerl Mayor Pro TOM Brookl Council Members Beasley, Bilos, Cott, Krueger, and Young. ABSENT: None 1 1, Pledge of Allegiance 1 The council and members of the audience recited the pledge of Allegiance to the U. S. and Texas flags, Mayor Miller presented the following proclamations; Save Today National Physical Therapy Month National Fire Prevention Month Keep Denton Beautiful Adopt-A-Spat Month Mayor Miller presented the following Yard of the Month Awards: Donald and Merilee Kenney Charles and Norma Krull George and Laura Cavender Randy and Anne Looney Courthouse Collections Cupboard Natural Foods - George Goon 24 The Council oosisidered approval of a resolution of appreciation for Tom Klinak, i i' City of Denton city council minutes October 11 1996 Page 2 The following resolution was considered: RESOLUTION OF APPRECIATION FOR TOM KLINCK Young motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brook uaye", Cott "ayepi, Krueger 'taye", Young "aye", Bites "aye", and Mayor Miler "aye". Motion carried unanimously, Mayor Miller presented a proclamation for Public Power Weok. 3, The Council considered recognition of winners of the 1996 Public Power Week "Kids Create the Future" Script Contest. Cori Gil, Utility Projects Coordinator, presented background information and the winners of the contest. 4. Citizen Reports A, The Council received a citizen report from Norman Eastwood regarding a development project W The Villas at Pecan Creek. Mr. Eastwood stated that he represented a proposed low income housing project. He was requesting a resolution of support from the Council for his proposal. He presented the details of the project and asked for Council support, Council Member Young asked about the security plans for the project. Eastwood stated that the project would be a gated development with a guardhouse, Council Member Cott asked if financing was in place, Eastwood replied yes through Bankone, B, The Council received a citizen report from Uessie Goodson regarding SPAN and the City of Denton. Ms, Goodson was not present at the meeting. C, The Council received a citizen report from Coe Dodd regarding the leasing of the T.I. property. Mr. Dodd stated that he had a serious problen, with what had happened in the Legal Department in that a City Attorney would be the only voter at an election. He had a problem with the First Assistant City Attorney making speculations on what the Labor Party wanted with information they had requested and what they would do with that information. He still had a problem with the City Attorney making a statement that a Council Member could go to jail for speaking about closed Session meetings, He suggested putting t 1 City of Denton City Council Minutes October 1, 1995 Page 3 this issue up as a bond issue for the aitizens. to vote on. it was have t buy companies had looked aththe property and decided Tnotptopbuyyit,Many asked the Council to not buy the T1 property, D, The council received a citizen report from Roderick Courtney regarding city Policies Section 109,01 and 109.03, Mr, Courtney stated that his report was in reference to the city's personnel/employee disciplinary policies and procedures in conjunction to a post termination hearing for Diana Lopez. They were trying to settle matters in amicable terms but were not able Mr. notdable,to have l a nfair a and o cooperatin and Lopez was They felt Ms. to get a clear and reasonable interpretation of the policies through any official, Tn reference to Policy 109,12, page 14, he was asking for the documentation to support the termination, The policy indicated that there must be clear, specific and detailed had had conversations with the action Resouroeo Department They and no onemwas able to provide an interpretation nor a definition of what that paragraph meant. There was no litigation pending on this case. He was only asking for an interpretation of what the policies meant. He was requesting the City provide a clear and specific definition of the terms of those two policies. He requested the Council instruct the staff to provide reasonable interpretation of those policies, Council Member Young asked for an interpretation to those policies, Mike Bucak, Assistant City Attorney, stated that there was a process set out in which the City Manager had the right to hire and fire and how to discipline. There was a process which existed and those terms needed to be responded to in the hearing which they ware already involved in, It was premature for Mr. Courtney to be raising those issues with the Council at this point in time. 56 Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending the comprehensive' zoning ordinance of the City of Denton, Texas, (The Planning and zoning commission recommended approval 7-0.) Prank Robbins, Director of Planning and Development, stated that this was the 24th meeting of a series of public hearings regardingf this issue, There might not be enough time to t3o over :Iie enti.ra document in one meeting, Xt was test that the Council could receive input at this point in time on(! have work sessions at a later meeting. The reorganization would make the dooumnnt more user friendly for citizens to uso with streamlined procedures. Changes included updating the Table of Permitted Uses and adding three new residential districts. ii n City of Denton city council Minutes October 10 1996 Page 4 City Manager Benavides suggested holding the public hearing and hold a work session on October 22nd for further study, The Mayor opened the public hearing, Joe Dodd stated that he had not seen this version of this ordinance. He objected to the satellite portion of the ordinance, He requested Council consider the differences between the small and large satellite dishes as they received different frequencies and channels, The City should allow citizens a full range of options. Dale Irwin stated that he had a problem with the parking for the smaller multifamily lots. The owners of those lots were adversely affected with the current provisions, Jesse Coffey stated that 95% of the land developed is Denton in the past 35 years was done by Denton developers, The new zoning ordinance had not been distributed to the Homebuilders Association, the Denton Board of Realtors, or to the developers in the area, He asked to get the information out to those individuals. Council Member Biles stated that there were many issues for many years associated with this project and he felt it would not be timely for Council to consider all of this information in such a short time period. He felt at least portions of the document needed to be returned to the Planningg and zoning Commission for reconsideration and additional action if necessary, Three specific areas were satellite dishes, parking in multi-family 1 zoning district areas, and the restriction of schools and churches to collector streete, Before Council voted on this issue, there warn a need for a comprehensive work session on the issues, Bites motioned, Brook seconded to delay consideration of the ordinance pending a review of the three mentioned specific issues by the Planning and Zoning Commission and other areas if needed. Work sessions would be held on the issue before Council voted. Council Member Krueger questioned whether the public hearing needed to be closed before receiving a motion. Mayor Miller stated that this was a motion concerning the public hearing and was a continuation of the public hearing. Council Member Young suggested providing more information to the public on the proposal. There was a need for feedback from citizens. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger Ifayell, Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously, B. The Council held a public hearing and considered adoption of an ordinance to rezone 200,4 acres from Planned Development 103 (PD-103) to the single Family 16 (SF-16) zoning district, The kcity of Denton city council minutes October 1, 1996 Page 5 subject property was located on the west aide of Teasley, between Hobson and Londonderry, (The Planning and zoning Commission recommended approval 6w0,) Frank Robbins, Director for Planning and Development, stated that this was a rezoning to meet a technical requirement to allow for a school in the area, There was no intent to build homes in the area. This was only rezoning to allow for the school in the area, Council Member Krueger stated that the notices which were sent out to residents within 200 feet of the proposal did not have any indication of the reason for the rezoning case, He suggested including the reasons in future notices, The Mayor opened the public hearing. No one spoke in favor, Jesse Coffey asked who was the petitioner to rezone. Council Member Krueger stated that this was a City initiated petition. Coffey asked if the City paid the fee to rezone the property. Mayor Miller replied no. Coffeyy asked if a school could be built in a planned development district. Assistant City Attorney Bucek stated that a public hearing was not a time for the Council or staff to be answering questions. Coffeyy felt that the reason for the rezoning was so that the School District would not have to go through the same procedures an individual would have to go through to work within a planned development. If the City was going to rezone this property from planned development to another district for the benefit of the School District, then the City should give everyone who had land zoned "planned development", an opportunity to rezone without: a fee, The Mayor closed the public hearing. Council Member Cott stated that the whole area was a flood plain and one or two retention ponds would not correct that. There were problems in the area of the park. The running path did not. work as it was under mud, the wont aide of the park was a very dangerous area for children, and in the middle of the park worn three to five acres of asphalt which had been dumped there before tho park was built. The following ordinance was consideredi 'a 1. City of Denton city Council Minutes October 1, 1996 Page 6 NO. 96-218 AN ORDINANCE of THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM P14ANNED DEVELOPMENT 103 (PD-103) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 200,4 ACRES LOCATED ON THE WEST SIDE OF TEASLEY LANE, BETWEEN LONDONDERRY LANE AND HOBSON LANE/ PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE, Brook motioned, Krueger seconded to adopt the ordinance, On roll vote, Beasley 'Pays", Brook "aye", Cott "ayell, Krueger "aye", Young "aye", Biles "aye", and Mayor Miller I'aye", Motion carried unanimously, of C. The ordinance nand lDehold a tailed public Plan rezoning n1, 511 considered acres from the Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district, The subject property was located on the west side of Mingo road, approximately 200 feet south of Withers, (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that this was a planned development for 36 units, The property was in a moderate activity area and intensity would be under what was allocated for this area. The Planning and Zoning Commission found that the proposal adequately addressed all of the policies in the Denton Development Plan and recommended approval. The Mayor opened the public hearing, Marvin Morgan stated that he would be constructing 32 one bedroom and four bedroom apartments on the property. This was Phase II for the development. The apartments would be an asset to the neighborhood and the construction would be the same as the ones currently in the area. The Mayor closed the public hearing. The following ordinance was consideredi NO. 96-219 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A DETAIL PLAN FOR THAT PLANNED DEVELOPMENT FOR 1,511 ACRES OF LAND, DESCRIBED AT LOT 2R, BLOCK A, BELL PLACE ADDITION, LOCATED ON THE WEST SIDE OF MINGO ROAD, APPROXIMATELY 200 FEET SOUTH OF WITHERS ROAD} PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE. V, , 11 f' City of Denton City council minutes October 1, 1996 Page 7 Beasley motioned, Biles seconded to adopt the ordinance. On roll vote, Heasley "aye", Brook "aye", Cott "aye", Krueger "aye", Young 'laye", Biles 'Pays", and Mayor Miller llaye'P. Motion carried unanimously. D, The Council held a public hearing and considered adoption of an ordinance to rezono 42,815 acres from the Liglit Industrial (LI) and Agricultural (A) zoning district to the Multi-Family 1 (MF-1) zoning district. The subject property was located between Spencer and Loop 288, approximately 300 feet east of Colorado. (The Planning and Zonng Commission recommended approval 6-0,) City Manager Benavides stated that the applicant had requested a delay of consideration until the November 5th meeting. Biles motioned, Brook seconded to delay consideration until November 5th, on roll vote, Beasley "aye", Brook "aye", Cott "aye", Krueger "aye", Young "nay", Biles "aye's, and Mayor Miller "aye", Motion carried with a 6-1 vote. E, The Council held a public hearing and considered adoption of an ordinance amending ordinance 92-203, Section III, Condition 2 to allow for accessovy buildings and increasing the 400 square foot maximum for accessory buildings to 11000 square feet for 10,067 acres located in the General Retail Conditioned (GR[c]) zoning district. The subject property was located on the east side of State School Road and its intersection with Colorado Boulevard, (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director for Planning and Development, stated that this was conditioned zoning to allow for an expansion of an unmanned oleotronics building. The Mayor opened the public hearing. Mike Betta stated that the purpose of the request was for a spare building for another individual array of electronics. The Mayor closed the public hearing, The following ordinance was consideredt NO, 96-221 AN ORDIN:,ACE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 92-203, SECTION III, CONDITION 2 TO ALLOW FOR ACCESSORY BUILDINGS AND INCREASE THE 400 SQUARE FOOT MAXIMUM ALLOWED FOR ACCESSORY BUILDINGS TO 11000 SQUARE FEET, FOR 10.09 ACRES LOCATED ON THE NORTHEAST CORNER OF STATE SCHOOL ROAD AND COLORADO BOULEVARDI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton city council minutes October 1, 1996 Page 8 I i Brook motioned, Krueger seconded to adopt the ordinance, on roll vote, Beasley tfayell, Brock "aye", Cott "aye", Krueger "aye", Hiles "aye", and Mayor Miller "ayell. Motion carried unanimously, 6, Variances A, The council. considered approval of exaction variances to Section 34-124 (a) pertaining to drainage design standards Section 34-316(8) pertaining to fire flown and Section 34-116 (c) pertaining to fire hydrants, This 70,561 acre tract was located in Division one of the City of Dentonts ETJ on To No Skiles Road, (Vista Ranch Estates) (The Planning and zoning commission recommended approval 6-0,) Frank Robbins, Director for Planning and Development, stated that this was a large lot subdivision in the ET,7 and variances were requested due to the size of the lots and the limited value of the required improvements. Council Member Cott asked how the lots might have to conform to City standards in future years, Robbins stated that in the future niw subdivisions would be required with new plats and provided another opportunity for the City to apply its standards for the area. Brook motioned, Biles saoonded to approve the variances. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles "aye", and Mayor Miller "aye", Motion carried unanimously, B, The. Council considered approval of exaction variances to Section 34-124(e) pertaining to drainage, design standards) Section 34-116(e) pertaining to fire flow] and Section 34-116(0) pertaining to fire hydrants. This 104,3 acre tract was located in Division One of the City of Denton's ETJ'on F.M. 428. (Thomas Addition) (The Planning a*,i Zoning commission recommended approval 6-0.) Frank Robbini, Director for Planning and Development, stated that this was a similar development with very large lots. The cast of the required improvements would not be beneficial in comparison to the cost of the improvements. Biles motioned, Brook seconded to adopt tht, variances. On roll vote, Beasley 'laye0l, Brock "aye", Cott "aye", Krueger "aye", Young "aye", Siles "aye", and Mayor Miller "aye". Motion carried unanimously, 7. Consent Agenda Beasley motioned, Brook seoonded to approve thb Consent Agenda. On roll vote, Beasley "ayes', Brook "aye", Cott "aye", Krueger "aye", Young "aye", n U es "aye", and Mayor. Miller "aye". Motion carried unanimously, i City of Denton city council minutes October 1, 1996 Page 9 A, Bids and Purchase Ordersi 11 Bid #1948 Crack Sealing of Streets 2, Bid #1949 - Lease of Office Space - Ash Properties 3, P,O. #64563 - Dickerson Construction Company 4. P.O. #67400 - Midwest Towers, Ino, 5. Chock Requisition - Electric Reliability Council of Texas 8. Consent Agenda ordinances Council considered Consent Agenda Ordinances 8A - 8D, Biles motioned, Brook seconded to adopt the ordinances, On roll vote, Beasley "aye" t Brook 'lays", Cott "aye", Krueger 'taye", Young "aye", Bilos "aye", and Mayor Miller "aye". Motion carried unanimously. A. NO. 96-222 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR] AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid #1948, '3.A.2, - Bid #1949) B. NO. 96-223 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND DICKERSON CONSTRUCTION! PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE) A14D PROVIDING AN EFFECTIVE DATE, (5.A.3. - P.O. #64553) C. NO, 96-224 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 THE REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFEC'T'IVE DATE, (5.A.4. - P.0. #67400) U, NO. 96.225 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN ELECTRIC RELIABILITY COUNCIL OF TEXAS, I1;C. MEMBERSHIP/ FUNDING AGREEMENT, BETWEEN THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. AND THE CITY OF DENTON, TEXAS] AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR) RESOLVING; OTHER MATTERS INCIDENTAL AND RELATED THERETO] AND PROVIDING AN EFFECTIVE DATE. (5.A,5.) 9, ordinances A. The council considered adoption of an ordinance amending Section 34-41, 34-421 and 34-43 of the Code of Ordinances to 'r<+ City of Denton city council minutes October 10 1996 Page 10 Provide a new procedure for development contracts eliminating the requirement of a payment bond and a performance bond) and to provide for a one year warranty on public improvements from the date of final completion and for other conditions as stated herein. (The Planning and zoning commission recommended approval,) City Manager Benavides stated that this ordinance was pulled from consideration, B. The council considered adoption of an ordinance ordering an emergency election to be held to fill a vacancy in Place 2 on November 23, 1996 subject to the Governor proclaiming this as an emergency election under Section 41,0011 of the Texas Election Code, and, If a runoff election was required, on December 21, 1996, for the purpose of electing a Council Member to Place 2 of the City Council; providing rescinder of this ordinance in the event that the Governor declines to authorize the election) designating voting places and appointing election officials; providing for bilingual, notice of the election) and ordering that an electronic voting system will be used, The following ordinance was consideredi NO, 96-226 AN ORDINANCE ORDERING AN EMERGENCY ELECTION TO 1313 HELD IN THE CITY OF DENTON, TEXAS, TO FILL A VACANCY IN PLACE 2 ON NOVEMBER 23, 1996 SUBSECT TO THE GOVERNOR PROCLAIMING THIS AS AN EMERGENCY ELECTION UNDER SECTION 41.0011 OF THE TEXAS ELECTION CODE, AND, IF A RUNOFF ELECTION WAS REQUIRED, ON DECEMBER 21, 1996, FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO PLACE 2 OF THE CIT7 COUNCILI PROVIDING RESCINDER OF THIS ORDINANCE IN THE EVENT THAT THE GOVERNOR DECLINES TO AUTHORIZE THE ELECTION) DESIGNATING VOTING PLACES AND APPOINttNG ELECTION OFFICIALSI I-gOVIDIN0 FOR BILINGUAL NOTICE OF THE ELECTION) AND ORDERING THAT AN ELVCTRONIC VOTING SYSTEM WILL BL USEDI AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye°, Krueger "aye", Young "ayes, Silas r'aye", and Mayor Miller Faye°. Motion carried unanimously, 10, Resolutions A. The Council considered approval of a resolution calling a public hearing and requiring that 11o4ice of the public hearing be given in accordance with Chapter 26 of the Parks and Wildlife Code to obtain public comment concerning the proposed exchange of approximately 13,08 acres in Abstract 616 and 1007 out of South Lakes Park for approximately 5.105 acres in Abstract 186 near Evers Park from the Denton Independent School District for the purpose of facilitating the construction of a middle school on the 13.08 acres out of South Lakes Park. r a i, City of Denton city council minutes October 1, 1996 Page 11 Ed Hodney, Director of parks and Recreation, stated that the City and DIED had been working for several months to determine whether a ioint development project would be feasible. It was felt that this proposal was feasible and would be best for the taxpayers for the city. The two properties to be oxohanged were of equal value as established by an independent appraiser. There was a requirement to have a public notice of a public hearing on the issue before the City could proceed with the prooess, The following resolution was consideredi NO. R96-059 A RESOLUTION CALLING A PUBLIC HEARING AND REQUIRING THAT NOTICE OF THE PUBLIC HEARING BE GIVEN IN ACCORDANCE WITH CHAPTER 26 OF THE PARKS AND WILDLIFE CODE TO OBTAIN PUBLIC COMMENT CONCERNING THE PROPOSED EXCHANGE OP' APPROXIMATELY 13.08 ACRES IN ABSTRACT 616 AND 1007 OUT OF SOUTH LAKES PARK FOR APPROXIMATELY 5.105 ACRES IN ABSTRACT 186 NEAR EVERS PARK FROM THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE PURPOSE OF FACILITATING THE CONSTRUCTION OF A MIDDLE SCHOOL ON THE 13.08 ACRES OUT OF SOUTH LAKES PARK) AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to approve the resolution. on roll vote, Beasley "aye", Brook "aye" Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor M~ller "aye". Motion carried unanimously. B. The council considered approval of a resolution consenting to the exercise of, the power of eminent domain by the Upper Trinity Regional Water District necessary for the construction of a regional treated water transmission supply line in the City of Denton for service to the city of Corinth and for Lake Cities Municipal Utility Authority. Bob Nelson, Executive Director for Utilities, stated that this was an item similar to the one the Council had considered for Sanger. The following resolution was considered: NO. R96-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUCTION OF A REGIONAI, TREATED WATER TRANSMISSION SUPPLY LINE IN THE CI'T'Y OF DENTON FOR SERVICE TO THE CITY OF CORINTH AND FOR LAKE CITIES MUNICIPAL UTILITY AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE. Giles motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "'aye", and Mayor Miller "aye". Motion carried b City of Denton city council minutes October 1, 1996 page 12 unanimously, 11. The council considered nominations/appointments to the City's Boards and Commissions, There were no nominations/appointments at this meeting, 12, Vision update There was no Vision Update Rot. this mouting, 19, Miscellaneous matters from the city manager. City Manager Benavides did not have items for the Council. 14, The following action was taken on Closed Floating items, bills motioned, Young seconded to complete settlement on the Baker legal matter per instructions from Execi.1-1ve cession, On rog11 vote, Youn BileeeYaye'$, a d Mayor Miller,"ayex,~Il,NotionPaarrield unanimously. Bilos motioned, Yolzng seconded to reconsider the procedure for employment of Haynea and Boone. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "ayelt, Young "aye", Bilos "aye", and Mayor. Miller "aye", Motion carried unanimously. Krueger motioned, Bilos seconded to indefinitely postpone consideration of the employment of Haynes and Boone, on roll vote, Beasle~y~"aye", Brook "ayeu, Cott "aye", Krueger "aye", Young "aye", Bilos ai.ye , and Mayor Miller "aye", Motion carried unanimously, , 15. New Businese There were no items of New Business suggested by Council for future agendas. With no further business, the meeting was adjourned at 9t50 p.m. JACK MILLER-, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY 99CRETARY CITY OF DENTON, TEXAS AC000346 tl 11 Agooda Hem_ - CITY COUNCIL HEI M. Tol Mayor and Membors of City Council FROA1t Ted Bonavide9, City Manager DATEI D~ccmbor 17, 1996 SuBmen Hold a public hearing and give direction to staff with regard to the proposed annexation of 11.24 acres located south of Robinson Road and cast of Nowlin Road. (A-74) RECOMMENDATION: Planning and zoning Commission recommends approval, ( 6.0) SIUMNIARY, The owners of the subject traet,'I'Imbaglen Company potitioncd the City to mnnox ilia property Into the City limits of Donlon The 11,24 acre tract Is located south of Robinson Road and east of Nowlin Road, being a tract of land in the Barry Merchant Survoy, Abstract 11800 and shown on site map (attachment # I The Timberglen Company has also potilioned the Cily for tine zoning of 1ho tract to residential single family "SF-T, zoning district classification upon the completion of the annexation process Tile City will provide municipal services to the she In accordance with a service plan included in attachment #2, The service plan summarizes the city's policies with regard to tlne exlenslon of water and wastewater services to the site, A inap showing existing water and waste water lines at that location Is Included in attachment 03, ~JS.~13(?1?i`Int City Council received it report with regard to the proposed annexation on October 22, 1996 and directed staff to proceed, On November 5, 1996, City Council approved a schedule setting the dates and times for public lucarhngs (attachment #4). City Council held the 11rst publi ;hearing on December 3, 1996 and no one spoke In opposition to ilia proposed annexation, The [Tanning and Zoning Commission considered this item or December 11, 1996 and voted unanimously to recommend approval,( See attachment #5) PROGRAM5, DEPARTMENT'S 0I2 GROUPS AFFECTED: All oily service departments Including police, [sire and PMS, Engineering, Utilities, Solid Waste, Parks and Recreation, Library, Planning and Development, Aninnal Control and [environmental Health. 1 FISCAL IMPA .'1'1 Thorn Is no additional cost to t11o Ci(y al least in tho five to ton ),cars, as inthastrucluro aeeds will be addressed by tho developer and Clty departments will extend sorvleos using existing bu0got resources. The traot has a Current appraised valuo of $34,650 allowing fjr an estimated $ 183 of tax rovenuo per year If no devolopmom occurs, A Non[ Impact calculation using the per Capita method, shows that 1110 City will colleot a total of $79,656 In lax revenues and expend $62,205 for municipal services with a not gain of $17,451 over n ton year period 1998.2007 If development is impiomented as planned. I2LSP2CI FULLY SUBMITTED; Ted Bennvldes City Manager Prepared by, Ilnrry m P rsnud, mum, AICP Senior Planner PSvoh Deputy City M anager ATTACHMENTS, (1) 811011111 (2) Service Plan (3) Map showing existing water and sewer linos (4) Annexation Schedule (5) P 8; z tni11utes 2 w ATTACHMENT 1 Proposed AnnoKatlon A-74 f El f µ I V \ 71111' /p~ ~ f t• II,. 1 '1 is .1a~I JAY ~ ET) toot r I is A 74 _ siTE City of Corin h of strip In aI II Its ETJ - 1 ,t4~t s1fOn o fy'llml s- Shaded areal inside city Iimtts .-A 3 r ATTACHMENT #2 SERVICE PLAN (A-74) CASE M A-74 ARHAi 11,24 acres LOCATION: South of Robinson Road and East of Nowlin Road B. I'oltco Services 1, I'Mrolling, response to calls, and other routine services will be provided on the effective ditto of the annexation, using existing personnel and equipment, 2. Upon ultlmnto development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire rn otectlon and Emergency Medical Soindcec (CM51 1. Tire protection and emergency medleal services by the present personnet and present equipment, within the limitations of avallable water and distances from existing fire stations, will be provided to this area on tlio effective date of (lie annexation, 2. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as arc furnished to comparable areas within the City, C. Water nstowater Services Water and wosteivater sort-ices will be extended to the property In accordance to the City's master utility plan and Section 34.118 of the Denton Code of Ordinances, Developers shall pny the actual cost of all water and sower main extensions, lift stations and other necessary facilities required to serve their development In accordance with the City's mnster utility plan and the Subdivision and Land Development Regnlations. The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. Where water or sower main extensions, lift stntions, force mains or other necessary facilities are Installed by the developer, the developer shall be entitled to relmbursentont of the cost of such facilities fl-oat pro-rate charges pall by persons connecting to or using such facilities to serve thely property, according to the Subdivision and Land Devoloputent ltogulntloas, D. &R WMj ollectlon 1, Solid waste collection will be provided to the property at the same level of service as available to comparable areas wlthln the Clty, within 60 days of the effective date of annexation, As development and construction commence within this property, and population donslty Increases to the proper level, solid waste collection shall he provided to this property lit accordance with then current policies of the City as to frequency, charges and so forth, E. Streets Bud Roads 1, The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective (late of the annexation, 2. Routine maintenance of streets and roads will begin In the annexed area on tho effective dote of annexation using the standards and level of service as currently applied to comparnblo areas of the City. 3, Reconstruction and resurfacing of streets, Installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore Is determined by the City Council or i Manager, will be accomplished under the established poilelos of the City. d. Traffic signals, signage and other traffic control devices will be Installed as j the need therefor Is established by appropriate study and traffic standards, i 5. Street and road lighting will be Installed in the substantially developed areas lit accordance with the established policies of the City, F. ' r untontol 11colth and Code Enforcement f crylccs 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handier ordinance, animal control ordinance, and the tree preservation ordinance shnll be provided within this area on the effective date of the annexation. 2 P These ordinances and regulations will be enforced through the use of existing personnel, 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by (lie City) will be enforced within this area beglnning with the effective date of the annexation. Existing personnel will be used to provide these services, 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the Annexation. 4, All Inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation Existing personnel will be used to provide these services, 5. Fiend damago mitigation will be provided by existing codes and ordinances of the City as of (lie effective date of the annexation. G. As development and construction commence within thls area, sufflelent personnel will be provided to furnish this area with the some level of environmental health and code enforcement services as are furnished to comparable Arens within tine Clty. G. klanntng nud Dovelonment Services The zoning Jurlsdielion of the City will extend to the annexed area on the effective date of annexation. The tract Is to be tempornrlly zoned Agriculture (A) zoning district classification at the time of annexation L Parks and Recreation Services Residents of the newly annexed area may use all recreation facilities, Including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used withln the City will be followed In the maintenance of parks, playgrounds and swimming pools. J. Electrical Distribution Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. 3 ~Q. G p. ,tl K, ~Qlla,~noou, $'root names and $igns will be installed, if rcqulred, approximately six (6) months after the effective (Into of annexation, 2. Residents of the nowly annexed area may use all publicly owned facilities, buildings or services within the city on the offeNive dato of the annexation, All publicly owned faclilties, buildings or services will he maintained in accordance with ostablished standards and policies now used In the City, L. Co vital Improvements Program (CIPI The CIP of the City Is prioritized by 'such policy guidelines asi 1. Demand for services as compared to other areas will be based on character[stles of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness 4providing a specific facility orsorriro, The annexed area will be considered for CIP improvements In the upcoming CIP plan, This tract will be considered according to the same established criteria as all other areas of the City, i 4 1i i .yl ATTACHMENT 3 Map Showing Existing Waterline Sewer line Water and Sewer Lines Force main Indloates end of water line k 7" sews - a, 10 9TJ a g,~'~b° JbAn Ad ' 1 1 F j 47 eter iin -..a 01 r/~__ ) 8~*3 'a I'--•-~~~~°y~gg''Q~~,~mdu~~ r 'o r j a•1 1 ~f[l ETJ T er ~ r b" l d ° ~ . I LL- ` r L \ 1` a t; Y F ATTACHMENT #4 ANNEXATION SCHEDULE- A74 October 22, 1996 City Council receives a report and give direction to staff with regard to the proposed annexation. November S, 1996 City Council considers approval of a schedule for public hec.ings. November 22, 1996 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepay nd. December 3, 1996 City Council holds first public hearing. December 6, 1996 Notice published in Denton Record Chronicle for second public hearing. December 11, 1996 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council with regard to the proposed annexation. December 17, 1996 City Council holds second public hearing. January 7,1997 City Council institutes annexation. First Reading of annexation ordinance. January 10, 1996 Publication of Annexation ordinance in Denton Record Chronicle. February 18, 1997 Final action by City Council. Second Reading and adoption of the annexation ordinance. Meetings in bold require 6 out of 7 votes at City Council I I 9 r, 4 k P&7. Minutes ATTACHMENT 5 Dec-mber 11, 1996 D~ R A F li Page 17 XI. Hold a public hearing and consider making a recommendation to the City Council with regard to the proposed annexation of 11.40 acres located south of Robinson Road and east of Nowlin Road. (A-74) Ms. Russell opened the public hearing. Mr. Persaud: This tract land is located south of Robinson Road and east of Nowlin. The owner of the tract have applied to the city requesting annexation. The objective is to develop this tract for single family homes starting sometime next year. Ms. Russell: Would the petitioner care to speak. Ms. Amy Homoly: My name is Amy Homoly and I am with Post, Buckley, Schuh, and Jernigan, Inc. and our address is 5999 Summerside Drive in Dallas. I am here to represent the applicant and answer any questions that you might have. Ms. Russell: Is there anyone to speak in favor? Is there anyone to speak in opposition? We will close the public hearing. Mr. Persaud: We had a public hearii g befot a the City Council and no one spoke in opposition. Staff is seeking a recommendation for the Commis.ion so we can return to Council for the second public hearing. Mr. Cochran: I move we recommend to City Council approval of the proposed annexation of 11.40 acres south of Robinson Road, east of Nowlin Road. Mr. Jones: Second. I Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) l0 Agenda No. Agenda Item CITY COUNCIL REPORT FORMAT Date TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: December 17, 19% SUBJECT: Hold a public hearing and consider an ordinance for a specific use permit to allow for overnight parking and camping of recreational vehicles on 4.226 acres. The site Is located on the west side of Interstate 35, south of Camping World. RECOMMENDATION: The Planning and Zoning Commission recommended approval, with conditions, of the specific use permit (5-0) at its meeting on November 13, 19%. SUMMARY- See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. OGRAMS DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Please advise if I can provide additional Inform?tion. Respectfully submitted, 2 Qed navidas i13 Prepared by: City Manager Do na Bateman Senior Planning Technician. l r Approved by: Rick Svehla Deputy City Manager Attachment #1: Planning and Zoning Commission Report, Attachment #2: Ordinance. f ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council From: Planning and Zoning Commission Date: December 17, 1996 Subject: Z•96-037 GENERAL INFORMATION Applicant: R & K Camping 725 S. Jupiter Garland, TX 75042 Owner. The Rocklin-Denton Group P/S c/o Harvey Johnston III 310 East 11 th Street Bowling Green, KY 42101 Action: Request approval of a Specific Use Permit to allow for overnight parking of recreational vehicles (camping). Location and Size: The subject property consists of a 4.226 acre tract located on the west side of Interstate 35, approximately 2,200 feet north of Schuyler. Surrounding Land Use and Zoning: North: Camping World & Residential Use; Light lndustdal/ETJ South: Vacant; Light Industrial East: Interstate 35Nacant; Planned Development West: Residential/Vacant; Light Industrial I Denton Development Plan (DDP): Low Intensity Area (167% allocated). SPECIAL INFORMATION The subject property Is platted as Lot 1, Block B, of the Western Hills Business Park. The applicant is proposing a recreational vehicle campgrounds with a maximum thirty (30) day stay. Water, sewer and electrical hookups are to be extended to the property and privately maintained, BACKGROUND The subject property was zoned Light Industrial in 1985 with zoning case #Z•1712. In May, 1996, the property was platted for "RV World". The proposed use was for the sale of recreational vehicles. The proposal before you is an extension of sales. After the sale is made, while considering the purchase of a new recreational vehicle, or while a recreational Page 1 3 vehicle is being repaired, guests would be allowed to park. NOTICE Four (4) property owners were notified of the request on October 31, 19%. No reply forms have been returned in faver and two reply forms were returned in opposition from the property owners to the north, resulting in 16.4% opposition; therefore, the 20% rule will not be in effect. ANALYSIS Section 35-112 of the Zoning Ordinance states that a specific use permit shall be Issued only if ail of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The area east of the subject property is camping related retail. The entire area Is located in a Light industrial zoning district though two single family residences are located north and west of this tract. The residences are approximately three and six hundred feet from the subject property line. 2. That the establishment of the specific use will not impede the normal and orderly development and Improvement of surrounding vacant property; The campground will not Impede on the surrounding area other than use of Interstate 35 service road. Property to the south is currently vacant and Is zoned Light Industrial. The property can develop within the zoning guidelines without any obstruction from the subject property. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The 1-35 corridor Is In place and will be adequate to support the proposed development. Utilities and drainage were addressed during the platting process. Each space will have a privately maintained water, sewer, and electrical hook-up. 4, The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movernent of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The layout of the proposed campground will provide one driveway access to the alto and adequate turn around for recreational vehicles as well as emergency vehicles. There are 66 parking spaces proposed. Page 2 7• b 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The Planning and Zoning Commission has recommended an eight (8) foot fence along the northern portion of this project. The applicant has agreed with the fence height and will also provide a solid "living wall' of landsc-jping along the western and southern property lines. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The applicant has proposed lighting that would provide "courtesy lighting" at each vehicle parking space. Additional security lighting on the property will not cross over the property line, as agreed to by the applicant and as recommended by the Planning and Zoning Commission. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property, The landscaping of the site, as proposed with the application, consists of a mixture of thirty three (33) Live Oak, Bradford Pear, and Cypress trees that are two Inches In caliper, eight to ten feet In height and one hundred eleven (111) buford holly shrubs, that are a minimum of four (4) feet tall. This exceeds the required landscaping as well as provides a solid "living wall" along the western and southern property lines. Division 4 of Chapter 35 allows for additional conditions to be placed on the property that the council may feel are necessary to protect the public interest and the welfare of the community. RECOMMENDATION The Planning and Zoning Commission recommended approval of this request with the following conditions: 1, The external lighting on the north and west sides of the property be directed in such a manner as to prevent light from crossing the property line; 2. The fence on the northern boundary must be eight (8) feet in height and constructed of redwood or cedar; and 3. The heavy metal poles used to support the fence must be a minimum of 2 318 Inches in diameter. ALTERNATIVES 1, Approve as recommended. 2. Approve with conditions, 3. Deny the request. Page 3 S T ) rd k Y F 4. Postpone consideration. ENCLOSURES 1. Location Map. 2. Specific Use Permit Site Plan. 3. Zoning Exhibit. 4. Planning and Zoning Commission draft minutes of November 13, 1996. i Page 4 la. ~ II r F r ENCLOSURE 1 ' z ' w S l T E PAY- NE I SCtiM1JYLER ~ O b a~q '4N rHUk~~aataa C a Uk1YEaiITY CRIYE a us 380 L 0 C A T 1 0 N M A P 7• L Jr F Y lq 7q ,A 7A fA 1J7 ® ' Y 7q J.1 7N ]O l ,A IN 7A lli SITE ' 11 f fti eP 1 .r.s c.r r m AJ /-1L \ e \ lA\ • \ \ 2 L0C.71rr Y[I APO6L3° a V~ Jz1I1M1 ffFF ~ ol.• L+ y D w n r rn ) n •w r.rr n r r PO O w {f V y f !~'!0 [ 701,!7' 1 JIN'f0' f 51.lY r ~SVl W ir ~•L~ y ~ Nwi~. r wrss~. r.r rr.w~. •ir~ _ - V - I .lira Apr . ca•-- . "M' »r 5 lie Iowa m/ 71.77• Y al lr 1 tr«7r r 7.: L7' t T- mi ~fyt~--~._.~ ~ \ ~ g r.~117r IL M+LR 1 r. n g - L y 7 u \ AN" ,A~ y 1 . tel. 4` Y ~ fA r fA ~ w°N'imfro JA 1 twvmx~--= ES S PARK 107 woof f .W~wN w~ ..w. w s.. 1 11 r e f/ 1 e 1 t L 1 1 1 1 M1 Yr MN.- 4~M../ ,i l .11 rlMl41.r 1 [ [ bMMrrCldgRf A ~ wx w M [-r ya1 t ] M17 u 1• . IC 11 f0• K M1Hi S 5 ENCLOSURE 3 Q LL } a I PP IA TIP ~ C°S d im k y d w. M a~ Q Mr N,au 000 r ~,yy,~MV y~av ~ • N •r N Fa U d II pop S j l P&Z Minutes ENCLOSURE 4 November 13, IM Page 1 J: DRAFT Approved. (5-0) YII. Hold a public hearing and consider a request for a specific use permit on a 4.226 acre tract located on the west side of interstate 35, approximately 2,200 feet north of Schuyler. The request is for an ovemight campground. (Z-96-037) Ms. Russell opened the public hearing. Ms. Bateman: This request is for a 4.2 &.e tract of land. It was before you back in May for RV World. This is just to the south of Camping World. The applicant is requesting a specific use permit for overnight campgrounds for recreational vehicles on the back portion of the property. The property is in a low intensity area but is zoned light industrial. This is a contradiction, low intensity is usually for residential use. There were four property owners notified. At the time that I did his report I had not received any replies. I received three replies in opposition yesterday and that represents 16.4% opposition so the 20% rule will not be in effect. Ms. Russell: Would the petitioner care to speak? Mr. Bill McCarty: My name is Bill McCarty with McCarty Construction and my office is located at 3912 E. McKinney. We are currently doing the construction for RV World. The amenities that we will have will be complete RV hookups. The primary reason that we need the specific use permit is so that we can have camp sites or parking spaces so that when RV World makes a We there will be a site for the RV to be inspected, to be used, to be given a run through while it is on site. Also so that the RV that is traded in, material can be moved from one to the other. We feel that we have met all of the requirements that were stipulated as far as putting fences around the facility. We have a screening fence of six foot wood going against the property that is in question to ;he north. It is approximately a hundred and forty-nine feet long. The ordinances call for fences all the way around a RV or mobile home park, and we have accomplished that with living plants. We have submitted our landscape plans. The nkvt the requirements. The campground will initially be the first eighteen spaces right behind the retail salei area. The remainder will be developed as the sales produce and we are able to develop the property. As far as a building on site with showers and such, that is not planned at the present time. They will all be self contained spaces, as far as having electricity, water, and sewer so that they can be totally self contained. There are 89 spaces proposed. Initially this will be for RV World customers, the first eighteen spaces, and later the rest will be opened up for the public and we hope to get some business from the race track. We have submitted that there will never he anyone there for longer than thirty days. Ms. Russell: What kind of lighting will there be? Mr. McCarty: We are going to use regular City street lights, we are using security lighting from the City of Denton and they will be located on utility poles as they are needed throughout the project. There will be four lights down the west side, then one in the turn around, and the r emainder of the area will be lite by the lights on the retail sales area. It will look like a residential lighting street landscaping. This will be standar concre et streets cone ete pads everything will be prepared to hand el par "major time"coach /D c ti .:.1 F P&Z Mimites DR November 13, 1996 Page 12 MFT requirement coming in. The race track people come in with million dollar coaches and it will be accessihle to them. It will be of length and character that they will be able to stay there. Ms. Russell: Did you talk with the surrounding landowners? Mr. McCarty: I talked to Mr. Robert Harris who is the property to the north. I told him what we were going to do. I built Camping World back in 92. We visited with him and had real good relations at the time. I told him that we were going to put a screening fence along the property that is consumed by RV World which is a hundred and forty-nine feet long, we also would have shrubs and such. We have a hundred foot diameter turnaround in that area and there is grass and shrubs around that. It will all be landscaped and sprinkled. I told him at the time that we would have a six foot wood stockade type screen fence there and that we would try to maintain everything to look good for his side of the property. Mr. Harris said that he has had a problem with paper blowing over from Camping World. I have talked with Hershel, the manager of Camping World, he is going to try to do a little better housekeeping to keep his papers on his property. 1 was by there this morning and I noticed when they picked up the dumpster they spilled some papers and they were blown to the north. The Camping World people are going to try to keep their materials and papers picked up better. Mr. Moreno: On your turnaround will that be right up against the fence? Mr. McCarty: It will be about six feet away from it at th; radius point. that is why they are showing no hook up facilities down in that last hundred feet. Mr. Powell: I have been assuming that both facilities will be owned by the same person. Is that right? J I Mr. McCarty: No sir, that is incorrect. RV World is a spinoff of R & K Camping out of Garland. This is a completely different entity, they are selling a higher class coach. Mr. Powell: The land to the west of the original facility, Camping World, who owns that property? Mr. McCarty: Camping World owns all of that property back to the east land of RV World. Right now that property is empty, it is just graded and landscaped. Mr. Cochran: Will this be used for storage for vehicles that are to be sold? Will it be an overflow lot for vehicles for sale? Mr. McCarty: No sir, not in this specific use permit area. The sales area will be in front of that area, it will be fenced and all of the sales vehicles will be stored in that area. There is no storage for outside personnel. Ms. Ganzer: Is there going to be security, will there be gates? Mr. McCarty: There will be gates and there will be personnel on site when the back portion is totally developed. Initially the first eighteen will be controlled by the office staff. . t a F P&Z Minutes November 13, 1996 11 i Page 13 ,LL J A Mr. Moreno: On your separation you indicate that the proposal is adjacent to an existing retail establishment but it doesn't speak to the residential area that is just to the north. Ms. Bateman: The separation policy has to do with the half mile separation rule, to keep a half mile separation between the establishments, retail, non-residential establishments, and since it is adjacent it doesn't meet that policy. Mr. Moreno: What about a bufferyard betwwsn this proposal and the residential area to the north? Ms. Bateman: They are doing landscaping and fencing. As far as the specific use permit requirements, they meet all of the requirements for that. If you wanted to add something to that then it could be discussed. From the northern end there are no places for RV to be parked, it is just a turnaround. I know that there are going to be six trees along there as well as the six foot wooden fence and other green space. Ms. Russell: With the turnaround and the landscaping at the northern end there is a bufferyard. Ms. Bateman: At the northern end you are looking at approximately a hundred and six to a hundred and ten feet from the nearest pad site to the property line. Chapter 32 of the Code of Ordinance; refers to recreational vehicle parks and mobile home parks and it addresses several requirements such as size, burning, and other issues. Mr. Cochran: Now far is the property line from the nearest single family house to the north there? Ms. Bateman: Mr. Harr s' house is the closest and it appears to be about three to four hundred feet away. Mr. Powell: What is the zoning out there now? Ms. Bateman: Light Industrial. I would mention that the front portion of Mr. Harris' property is inside the Miry limits and is zoned Light Industrial, but from his house to the west is outside of the City limits. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition's I have a card from Mr. Robert Harris at 5311 I-35N. Mr. Robert Harris: My name is Robert Harris and I live at 5311 I-35N. My mother, brother and I own the property next to and north of the proposed RV overnight camp. I grew up on this property and I plan to raise my two young children. My family lives in the house next to Camping World and the proposed camp. We are opposed to having sixty to seventy strangers parking and camping overnight next to our house. We would be opposed to having sixty to seventy people that we know parking and camping overnight next to our house. We are opposed for the following reasons: security of our home and property, safety for my family, visual and littering nuisance, and the presence for future development along the entrance to the City. The proposed fence should be made of a masonry type material so that it will last longer than a wood fence. The fence should be eight to ten feet tall to screen lights and noise from the camp. The camph:a and parking area /a. S E , F P&Z Minutes November 13, 1996 BRA Page 14 FT need good security lighting, but we don't want the lights directed at our house. The camp needs to have a perimeter fence to contain people and pets. The high density of people and vehicles in a small area will create cramped quarters for the campers. The campers will want to exercise with their pets. We are concerned for the campers and their pets safety if they should wander from the campgrounds. 1 don't want dogs attacking my children or chasing my cows. A perimeter fence is also necessary to contain trash that blows from the RVs, the trash barrels, and the dumpsters. Another concern is fire, any type of outdoor cooking is very dangerous. The predominant south wind puts our property in a high risk category for a major grass fire and possible threat to our home and livestock. Another concern is traffic, several times each week we observe RVs turning north when exiting Camping World. This puts them going the wrong way on the southbound service road. It is only a matter of time until there is a major accident. The campers will increase the traffic and the danger of accidents. In planning the area north of Denton Regional Hospital and west of 1-35, we feel that it needs to include a two way road parallel to the one way service road that would connect the future Loop 288 extension and U.S. 380. The development of the camp restricts the logical alignment of such a road. This camp sets a precedent for future development. Would it open the door for lesser quality overnight camps along the entrance to our City? We are not opposed to good commercial development but we are concerned about what wil: come next if this goes in. Would the campground area be able to be sold separate from the sales yard? If the specific use permit is granted we would like to have our concerns addressed by the actual permit. This would put the present and future owners on notice of the conditions of the specific use permit for overnight parking and camping. It would also set basic good neighbor guidelines between the campers and ourselves. Mr. Powell: My understanding is that your land and this land is zoned light industrial, why was a specific use permit asked for? Mr. Harris: Overnight camping is not a normal use for light industrial Mr, Moreno: Mr. Harris, did you talk to McCarty? Mr. Harris: Yes, briefly on the phone. Mr. Moreno: Were you able to come to a compromise with Mr. McCarty? Mr. Harris: I basically listened to what he had to say. After that I came down and visited with City staff and got a plat showing what they were going to do. I was surprised to see how many parking spaces there were going to be. That is a lot of RVs. Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make any final remarks? I Mr. McCarty: When you look at the RV parking facility I don't want you to see think of a campground. That is not a campground. Anytime you park a quarter million dollar coach in a space, totally self contained, that is a facility that is for the use of people who have self contained mobile units. It will be quite. The fence that we propose is a redwood or cedar wood stockade fence. We do have trees and landscaping on the end of the property. We do intend to keep our /3, r Y Y P&Z Minutes November 13, 1996 'AF~ Page 15 I IN people on the property with a six foot chainlink fence. 1 can't tell you what the owner plans to do with this in the future. The RV campground is over the hill from the I-35. It is about four hundred yards from the nearest house. The sales and maintenance of RVs falls within the Light Industrial zoning. Mr. Moreno: What happens if someone pulls up with a little travel trailer or a pop up camper and they want to park there? Mr. McCarty: If they have a travel trailer then 1 am sure they will be allowed to park there if they indicate that they are going to look at a coach in the retail sales area. The pop up camper would also be allowed to park back there. A recreation vehicle is self contained, it has its own holding tanks, therefore there is no sewer, black or grey water, dumped on the ground. We will have a sewer connection at each site. If because of a lift station there is not a sewer connection at a site, there will be a dump station to handle the sewer capacity for it. The coaches that you see out there on site now range from a trade-in value of twenty to thirty thousand up to two hundred and eighty thousand dollars. Ms. Russell: Did 1 understand you to say that there would be either a six foot redwood or cedar fence and also a chainlink fence? Mr. McCarty. We have a screening fence that has to go on the north property line. On the remainder of the property there will be a chainlink fence with screening landscape. Ms. Russell: Would it be a problem to make that fence on the north property line and eight foot fence. Mr. McCarty: We could make it an eight foot fence. Because of the elevation of the house that li Mr. Harris lives in, they will still be able to see over an eight foot fence. Ms. Russell: Could the lighting for that turnaround start at the east side? { Mr. McCarty: Any lighting in the turnaround areas will be directed away from that direction. Our proposal is to have the lighting a hundred and fifty to a hundred and seventy- five feet from that property line. Normally in a site like this there will be a dumpster at the front of the facility for people to use as they leave and there will be trash barrels throughout the facility. Our dumpster will have a six foot screening fence around it. That is in the ordinance. Mr. Moreno: Did you say indicate that the topography is such that the site will not been seen from the freeway? Mr. McCarty: The majority of the RV campground will not be seen from the freeway because the grade falls off such that you may see the rooftop of a coach or an antennae but that is all. Mr. Cochran: Will the sewer be connected with the City lines? Mr. McCarty: Yes it will. /Y. r G v Y P&Z Minutes November 13, 19% T Page 16 ~ ~ Mr. Cochran: Have you looked at using shielded lights? Something that would direct light down and to the south? Mr. McCarty: We have talked with the City and Don McLaughlin about lighting. The distances that we will have there will be such that the lighting will be seen but you won't be able to read a newspaper. Mr. Cochran: Light seems to be amplified in the country and is more of a nuisance there than in the City. I don't know if the City has anything that fits on their light fixtures to shield the light. I think it would be a reasonable thing to do and probably not very expensive. Mr. Svehla: We do have some apparatuses that would fit and would shield the light. We could work that out with Mr. McCarty if that is your direction. Mr. McCarty: I know that this is the first time that an RV camp has been brought to Planning and Zoning Commission and the Council. I tried to get some RV sites put in out at North Lakes when we built it. Not that it would be a revenue producer for North Lakes, but when an RVer comes in he is normally going to fill up with gas, buy groceries, and he will normally eat lunch or breakfast in that City. The City of Dumas, Texas has a free park that has a hundred and twenty spaces in it and it is full every night. They feel that they derive at least two hundred dollars a day from each space in that area. The RVers that come in are here to spend money and that is what we are after. Ms. Russell: The only one that I can think of is the one down on 1-35 near Corinth. Ms. Gamer: There's also one at Lake Lewisville on F.M. 407 that is a real nice one. Mr. McCarty. That is the City of LcrvisviIle Park and then you go around the lake and the Corp of Engineers has camp sites. Ms. Ganzer: I have relatives that stay there and I know that they and a lot of the other people that stay there go into Lewisville and into Denton. Like Mr. McCarty said, they use our shopping facilities and such. I don't know how many times I have been at the Phillips 66 at 1-35 and Hwy 380 and had people come in RVs and ask where the closest camping site was. Mr. McCarty. This will be a paved area completely with no dust. We have tried to make this appeal to anyone that would come in with a high-end RV. It will be something that will be an advantage to the site. Ms. Russell: We will close the public hearing. Mr. Moreno: Does the Denton Development Plan speak to guidelines or standards in regards to the entranceways to the city? Ms. Bateman: When it refers to entranceways it refers to the uses as well as the guidelines that are outlined in your staff report. /S r ~n F f P&Z Minutes f November 13, 1996 J1 , 7') Page 17 Mr. Reeves: The plan has policies that identify certain highways as entranceways. It identifies them as high visibility and high traffic and the idea behind the plan is that these areas will be developed aesthetically so that people passing through will rind it attractive. Mr. Drake: It is important to point out that this is not a rezoning. The application for z Wecific use permit is an administrative practice. The appropriateness of a specific use permit should be based on the seven criteria that are stated in the Code of Ordinances in chapter 35 rather than the Denton Development Plan. Ms. Bateman: Addressing Mr. Powell`s question concerning the zoning and the need for the specific use permit. Recreational vehicle parks and mobile home parks are permitted in the city by specific use permits only. There is no zoning district that allows th.-m by right. As Mr. Drake pointed out there are seven criteria for the specific use permit. One is that the use is compatible with adjoining property as well as not impair the property values. It will not impede the growth of surrounding property, as well as utilities, roads, drainage, and other facilities. The design location of the driveways and parking spaces have been laid out in such a way that they will not affect adjacent properties. Noise, odors, fumes, vibrations, those issues have been addressed. As well as lighting on neighboring properties and landscaping and screening. Staff finds that those do apply and recommends approval. You can address the lighting in your motion if you want to have it so that there is no off site lighting. Ms. Russell: I would appreciate that the lighting be addressed and added to the motion. Mr. Cochran: Also there is a house just behind this and we may want to do the same for them. I think that you could adequately light the property without shining it on the neighbors. Ms. Ganzer: I would like to change the six foot fencing to eight foot fencing along the north side. Mr. Cochran: Why are we treating the property to the north different than to the west? Ms. Bateman: To the west it will be more of a living screen. It will be fully landscaped and screened, whereas to the north it will just have a few trees and a wood fence. Ms. Russell: So we are looking at lighting on the north and west side, and an eight foot fence to the north. Mr. Powell: 1 would agree with Ms. Ganzer and i would recommend that the fence be constructed with heavy weight steel posts. Ms. Russell: Is there anything else? Mr. Powell: I move that we recommend approval of Z-96-037 as presented with the following additional conditions, that the lighting on the north and west side be directed inward toward the development, and that the screening fence on the north be eight foot redwood or cedar on heavy weight steel posts. ~ i! . 4 a 4 j fP&Z Minutes November 13, 1996 Page 18 Ms. Ganzer. Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Ten minute break. Reconvened. VIII. Consider a request to amend the City's adopted Thoroughfare Plan by removing a proposed primary arterial known as Lakeview Boulevard. The subject street would run north/south from east U.S. 380 to I-35E, through Planned Developments 126 & 132. Mr. Salmon: Mr. Dan Tomlin has applied for this. Lakeview Boulevard was put on the Thoroughfare plan back in the 80's when the Bass Brothers were looking at putting a rather large development along the shores of fake Lewisville. The presented a traffic study that showed to bring ten thousand trips per day. We have two separate issues that need to be considered here. You have to look at this development and what traffic it will generate and then you need to look at the pass through traffic. We would really like to focus on whether the City needs this thoroughfare there and not the specific alignment. The proposed development will probably generate 3200 trips per day. If that road isn't there then we would have to assume that the pass through traffic would use Loop 288. At some point Loop 288 is going to be a six lane thoroughfare with a median and three lanes in both directions with curb and gutters. Another project that the county is looking at is abridge across Lake Lewisville. One of the things that we tried to do was to take traffic trips that are not intended for Denton and route them around the City and not through the local streets. Another issue that staff is concerned about is the window of opportunity that we have right now. It Staff is recommending especially with the lack of detailed information that we not remove this from our thoroughfare map. We think that it may be a little quick to remove it without any technical backup. 1 am sure the applicant will speak to this. Mr. Svehla: Ms. Russell: Isn't pan of that road seen from 1-35? Mr. Salmon: That is the Shady Shores exit and it goes to the north for a short way. Ms. Russell: Mr. Dan Thomlin, Jr.: 1 understand the problem that staff is talking about. We currently have thirteen subdivisions going in Dallas. Some of the issues here are with the Corp of Engineers. Based on the market research that we did we think that the traffic patterns Most of our market will rot come up 1-35. It will probably be more from Plano and. There is a tremendous employment center be developed to the north. Preston is going to be widened next year. We think twelve to eighteen months it is going to be widened through Frisco. As far as we are concerned we think we can compete with the Pilot Point market. This is a very low density. The Bass Brothers had more i is F b9M37 SUP ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO OPERATE A RECREATIONAL VEHICLE PARK ON 4.226 ACRES LOCATED ON THE WEST SIDE OF INTERSTATE 35, APPROXIMATELY 2,200 FEET NORTH OF SCHUYLER ROAD, PLATTED AS LOT 1, BLOCK B, OF THE WESTERN HILLS BUSINESS PARK, AND CURRENTLY ZONED UNDER THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNA- TION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, R & K Camping initiated a request for a Specific Use Permit for a Recreational Vehicle Park on 4.226 acres of land described as Lot 1, Block B, of the Western Hills Business Park, and currently zoned under the Light Industrial (LI) zoning district classification and use designation; and WHEREAS, on November 13, 1996, the Planning and Zoning Commission recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that the Specific Use Permit is in compliance with the Zoning Ordinance and Denton Development Plan; and WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; it i` 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a specific use permit to operate a Recreational Vehicle Park is granted to R & K Camping for a 4.226 acre tract of land platted as Lot 1, Block B, of the Western Hills Business Park, as per the site plan attached hereto, ap- proved and incorporated herein as Exhibit A. SECTION II. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION Ili. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 i9. Y f lb 710 Pit IN IN 771 ~ J!7 711 7M ~ 7H 740 74J 7A iN 71l ~ t l..• S / ni"'°" / SITE > s 6r S.Af C Mrs. aws w . rn 14 7N ~J17 rya IJ2 lb\ } 'POP z \ 1 ~ / / y4{}H H` \ ~ ~ Di rn. w rr s<.e sin rtww ~ ~ llf \ \ d~ / j „ f ~ ,~C ` 1 \ 1J ~ ~~)Jr ~ f'1 k~ji e~'. w w r ~ r ~ . fr If ! v •an .a.. ~~77 a 7C+,~' \ Q Y • s n A w,w r r. + L r1a y ~V r wn re.v w y y Q O~v lop \ ~ ' V 1 i ~ D MM W .moo r .a.• {1 / 111\ ~ ~ ~ ~ ~ ..r 1 ns I 0 u ~ ro ° . '.w°X°✓IUr'..r v I ~u ( S t'p f 70e.s7' I ,w.w / f ers,m- 1 or 00, V Y w 1 ; i l N 0 _ CRRR C4: Iv .tM~p~r~A +✓Y u~ ~p~r din 1 HER i / ~ ~ 1 - • ~ • . YO ~ N „ m p[n~ I Mr~`i~0'~oi~l w lRa• d rr{ 1 ~ / 1 I_..-__ \ ~ ^ -MDr~. ~\d• ~ IP] W 1'~$VU•.`~.`."r.~.~o~r`~~alrw .u / STT'.,._.. N .pro r IM.I~Ir s~A.w n.a<w r rw u f M •at wlp~. NaM WI .w~ne~ NYe YII TM n,, wwrmnc ra m✓ / / V r•-__-IV. s~~l~ ~ 1~ f,a.. m. Mia`. •~war .'~:'~.r'K'~'. ~n "nr M g A /N J N rv/ a rir w' • a er'IY151 lass' I. .r IN 5 1{ +1 4. wr r..~ Y• • .!Y rA 4 Y `~J 7N +N I[ifROPilY 1NCM1R3PG CONYVLTMrtTAWL p _ ercaflyda ruRM eta' YA .X • own..., . vnaim 1 .v. ~,.n..w M .CA •AA• Rla• s WESTERN•AiHilly BUSINESS PARK nti lrM rte. °~""~'M .a•..' 1.Nt a/ee rat e•ea a.Tam v 4tt~•tlIfM1. ••irr lit eONll IVRpp H ~r X Y't MO .I,AatIA 0 b Agenda No, Agenda Item CITY COUNCIL REPORT FORMAT Date TO: Mayor and Members of the City Council FROM: Ted Benavldes, City Manager DATE: December 17, 1996 SUBJECT: Hold a public hearing and consider a request for a specific use permit to allow a communication tower on a .0791 acre tract, being part of an 18 acre tract of land. The property is located on the north side of Scripture, between Bonnie Brae and Scripture and is also known as McKenna Park. (Z-96-046) RECOMMENDATION: The Planning and Zoning Commission recommended approval of the specific use permit request (7-0) at its meeting on December 11, 1996. SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted, Ted Benavides Prepared by: City Manager nna Bateman Senior Planning Technician Approved by: nSvelia la- Deputy City Manager Attachment #1: Planning and Zoning Commission Report. Attachment #2: Draft Ordinance. yP Y . .t Z ~r ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council From: Planning and Zoning Commission Date: December 17, 1996 Subject: Z-06-M GENERAL INFORMATION Applicant: City of Denton 901 A Texas Street Denton, TX 76201 Owner: City of Denton 901 A Texas Street Denton, TX 76201 Action: Request approval of a Specific Use Permit to allow for a communication tower on property zoned Single Family 10 (SF-10). Location and Size: The subject property consists of a .0791 acre tract, being part of an 18 acre tract, located on the north side of Scripture, between Bonnie Brae and Thomas. Surrounding Land Use and Zoning: North: Single Family Residential Use; Single Family-10 South: Single Family Residential Use; Single Family-7 East: Single Family Residential Use; Single Family-7 West: Single Family Residence/Ranch; Agriculture Denton Development Plan (DDP): Low Intensity Area #115 (54% allocated). SPECIAL INFORMATION The applicant is proposing to remove the existing one hundred ninety (190) foot communication tower with guy wires, and replace it with a one hundred sixty one (161,35) foot communication tower that does not require guy wires. BACKGROUND In 1945 the City of Denton received a report from a consulting engineer regarding a comprehensive study of Denton's utilities. This report set out present and future needs for Denton. Included in the report was a recommendation that the City provide more elevated storage for water. The City purchased an eighteen (18) acre tract (now known as McKenna Park) for the location of the water tower. In addition, the city installed the existing communication tower at the site, next to the water tower, and allowed the remaining portion Page 1 02. a to be used for park land. Since the property was not purchased nor dedicated for park land, state regulations relating to parks will not have to be followed. Thr. subject property was zoned Single Family - 7 with adoption of the 1969 zoning map. NOTICE Twenty eight (28) property owners were notified of the request on November 25, 1996. One reply form has been returned in faver and no reply forms were retumed in opposition. ANALYSIS Section 35-112 of the Zoning Ordinance states that a specific use permit shall be issued only if all of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; As stated, the existing tower is one hundred ninety (190) feet tall and Is supported by three (3) guy wires, one on each corner of the tower. The guy wires currently extend Into the park land. The proposed tower Is self-supported, requiring no guy wires that children may play on. In addition, the proposed tower Is designed to collapse onto itself. If It wore not designed In this manner, the location of the proposed tower is such that, If it were to fall, It would remain on city property and not endanger falling on neighboring properties. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; a The area surrounding the tract of land Is currently developed as single family residences. The property on the west side of Bonnie Brae Is zoned A;,-!Culture and la currently used for a single family residence/ranch or farm. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. Access to the tower site will be provided by an entrance currently off of Thomas Rnad. The asphalt driveway is lined with trees on both the north and South sides. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Page 2 3. a 1 r The existing driveway providing access to the tower site has a locking gate at the entrance. The gate Is approximately twenty (20) feet from the road providing for adequate vehicle stacking off of Thomas Road. 5. That adequate nuisance prc ~ ?ntion measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposal does not produce offensive odors, fumes, dust, noise or vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The Federal Aviation Administration (FAA) does not require that a tower less than two hundred feet In height have safety lighting If the tower Is painted with an orange and white obstruction marking. They applicant proposes to have the tower be painted green or allowed to remain In the polished metal state due to the location and adjacent residences. The FAA will permit the applicants proposal If the top of the tower Is lighted. The least obtrusive lighting which will meet FAA standards and be the least disturbing to surrounding residences is a white strobe light during the day with a flashing red light at night. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The area surrounding the water tower and communication tower site Is adequately landscaped and screened from adjacent properties. The closest neighboring property is approximately two hundred (200) feet to the east of the site. RECOMMENDATION The Planning and Zoning Comission recommends approval of this request. ALTERNATIVES 1. Approve as recommended. 2. Approve with conditions. 3. Deny the request. 4. Postpone consideration, ENCLOSURES 1. Location Map. 2. Specific Use Permit Site Plan. 3. Zoning Exhibit, 4. Draft P&Z minutes of December 11, 1996. Page 3 ENCLOSURE 1 F. Z-96-046 I m :s I ®90 - 1, 02 9 902 903 McKenna Park A 8 8i9 081 IL 818 Sig 810 816 10 81 812 ■ ~ 811 2620 ■ ~ I®.~ f 1 80l 803 PANHANDLEw - - - - W I 4 3 T--n M Q 7W L e r 7 ■ 727 h~ ( ~ J < rrllc-`rte ~ l Z Y r>'A: rsY ~'.fat55n/1~" l 71~ Z i t tr k~ O 4[r4{ i 2 r '!.t'S :r'♦ v1706 21 ~r f+! t'= !E 7 719 713 t i ~ r t~ w w .YI / ly..\ ~ F CKIl~ I .MSS k~ ■ y~ 7 I • 4 1 C'. q J t ^'.Y f1 107 v +t r a 22 2520 / W a fr~4w~ L a x. ? J .q`1r r.;i57+ 'y~• / s 3 4:,! ar,,, r .r yr ;r;'•3 ® / y4 ~t~Y•1'f'rrl "yt J{v ' : L 621 IT lrr / • 2300 4V . 4J.yYJ ~l- h 619 !m r rt R.I Yi ~f"'.. r~~ w(: ~r ~+~At+C'.~yr tt',' 12 z' 4, 93 61 ti "'K gala I p ` 'lr 1 + ,t~" y ? rte; 605 601 - _ SCRIPTURE 2501 2 wq NIA 2501 ~i 1 I 323 ` '`OD ® 283 2279 F' ■2245 2241 223 321 4f 0' 0 411 2 O 22 Il 1 0 2289 n 2287 _ 7jQF10f1F~CY 3% ■ 4 2227 2223 221 1 p HOUSTON aL 207 2 _ 0 300 2286 ~A- - 2311 2 ~ VAILA^ ® _ 2212 M.j s 4 t C , r r i }II I I 1 f t i i w' fall YY.InIN f 1 Q I r.+w w.. [N.a lw~n r«Inq /I M ; ` h I' Inn, _I Y w iw• YI i.i r, I i MIA 9~Y Fi Ylr. iiryN M1_F r r« , ~ _ r Y r I Ir`l/.•II~n •4M y~,w i~wrl)iy i.o •wirr: ~w. Y(I{:Ili rMS ~PWtlli•^ In) =1n ~ •~rw l:fllrNlwl_ I•r~l N Scale 3' 100 11 i~ n w'O1~ .i.r w.P .l 1. rr Ml~ry . ~ W i ~ ~ W * N_II M Yi li IIN Y • IwY, •Iw II.« r~ 1Y.1 PI• Iw LR4 rr r.~ n...'rL2CT 9 ~ M)tl/p ) Mllr rrIM.IM N~f • INN rfi . aiN Iw 41 wlP,l~ ~Prlr. N • IOrli Y _ i i r~i~1•I'jl~w Y N ~n 1= :M 4rl IN r •~Ni•,I dMendi dst.NCt Ire rr• ~ 1 Nt9q SY r /t• T-~ iw rr ~ •r rr I..I~NM.nwP N«,In n n. Y1 wl Iw r nrlw ! N0c71'!YI A.O9' rnr.PS•ir..llrw Syr Y.n« r.l..,. rnl I. I NnN.. J SA9O9J,•t 9e..r 4i L' a • nia v. r Ml ---0 0 0-w I ail tao0 ' fil ..tie.eNru.7+& L I I _ •I,wL MIA 1. n O i ~ ) M py V wr iv ` ~ I1 7 / \ _ i mSi:T'~iF°.~•inv,r~ Ci I r ~ ' IY00Mr 1 rVwgY I ! / \ w.s.m i 1 i~~.irlw ~!~r••Ya -..wa ' (r ~ / ~eia u.i1911ww1 rlewe N r /W/I ' •dwiri+'OwiwN w,-Pr / .\~Nr ~ 1 •Ylralnw NlWPii~us. r r Q. f ~ I S -rw~.y, ~ Irne.. r: aYl\'IV ~ i.,rwlr"i ' I I ~ I ~i n11~ K \ rir. ZONING: SF-10 i• r fir: w i '•w'°d + Lit ^AN 7OC worm coWwRICATONS f SI. PC tJ/, \ ,~<<_ ~ ~ ~ ,r YPp ) P:. ~..a•~. LNitIW LIO AcctlSMr ta.t, a9te9 1, Ir''~ Mlr[CO 1L1"i C 06rwUrKitgrf rolw r 'ti It Ilia t"A PAN i ♦ Ly„r,rJyM f an or 7cnft O6n0N emi iuAS w tr WEST, 8311,77'` w_n•r is GEOGRAPHIC RESOURCE PRWICO PERSONAL CONLVNiCAf10N5 MANS eEPM,wENT. INC. I• \ 1 ` r Wit IW II nup v. w V4 IY P.. Yr-NN JI 1)337- 1ErAS 750!9 rw•c ira".r. P.e PHONE (8771337-5000 CAW (917)577-1119 rw ••w.n 9 Nw Iv r-nq Pi Ae V F EEL. I ~~~FFF r+ r I a n I W V IlJ. ° o ® ONE VO- A I z n qgp~ r ' ~ O pRl ~ N 1 C i R BT ji n SIA 199 li~l ~ i C 11 ~ " e ® ~ w ff7 1 IN r r~rr-r ,"rtli DY.~71VllL _ - J~!LY9_!v~~l~ I bpi i F P&Z Minutes ENCLOSURE 4 T December 11, 1996 ~IUE Page 11 RAF Di. Hold a public hearing and consider a request for a specific use permit to allow a communication tower on a .0791 acre tract, being part of an 18 acre tract of land and located in the Single Family-10 (SF-10) zoning district, The property is bounded by Bonnie Brae, Scripture, and Thomas and is known as McKenna Park. Ms. Russell opened the public hearing. Ms. Bateman: This request before you is for a specific use permit. This is a request by the City of Denton, the Electric Utilities Department. We currently have a communication tower out at this site and it is 190 feet in height with guy wires. They are requesting to remove this tower and install a 160 foot tower that does not require the guy wires. The original tower did not require a permit, but in the single family zoning district it does require a specific use permit, even if we go down in height. Because they are taking it down they lose their non-conforming status. We notified twenty-eight property owners and we have received two reply forms in favor and one undecided. I did receive several phone calls concerning the lighting on top of the tow( r. FAA requires that you have the orange and white obstruction marking on the tower and if you choose not to have the marking then you have to have some lighting on the top of the tower. Due to its height it would not have to have the lighting if it had the obstruction marking on the tower. We received some phone calls concerning the white strobe light since the tower will be thirty feet lower. The electric utility department as well as the airport has worked with the FAA and they will use the white strobe during the day and a red flashing light at night. Mr. Cochran: How will the tower collapse in on itself? Ms. Bateman: I can address part of it. The nearest residence is just a little over two hundred feet away so in the event that it were to fall straight down it would fall on city property and would not hit any residences. Mr. Moreno: In your backup you say that this property was not purchased or dedicated for park land, but we call it McKenna Park. Is it a park and does that have any bearing on this issue? Ms. Bateman: I put that in there because I know we just rc•~ently went through those issues with the DISD school out at the park land on Teasley. This was purchased in the mid forties by the water department. There was a comprehensive study done in the early forties by an engineer on ways to improve the water system that we had. One of the recommendations was to provide more elevated water storage facilities. This was shortly after the war and there was a shortage of metal. It was cheaper for the city to purchase this eighteen acres with the hill and put the tower on the hill rather than purchase the metal to build an elevated toner. Then they just let the park use the rest of the property. Mr. Bucek: I did a research project on this for the utility department and it was purchased for water and park purposes. Because it had both purposci nitntioned, our decision has been that reasonable accommodation of park land to follow through with the water tower purpose would be allowed. The tower being a non-conforming use would defeat a dedication of the whole property for park purposes j and also part of the situation is that the tower can also be used by the city, park department as well as utility department so there will be some park use. It is our belief that the tower is allowed under those 1945 deeds that we are looking at. t b k ,j P&Z Minutes 11~~ December It, 1996 Page 12 Mr. Ray Wells: My name is Ray Wells and I am in the electric utility department. One of my areas of responsibility is communication. In early 1995 Personal Communications Services Technology came upon the market and we started receiving requests to install towers or utilize city towers for this purpose. In an attempt to limit some of these installations we put together a package and went out for public bid. We got several responses and a company named PrimeCo offered us the greatest financial return. McKenna Park tower and the hill is one of the very highest points in the City of Denton. It makes it very attractive for this purpose. After survey of the site the tower as it exists was deemed not satisfactory. So we are attempting to enter into an agreement with PrimeCo whereby the existing tower with guy wires would be removed and a new tower erected. Upon erection of the new tower the City of Denton would utilize this space and PrimeCo would also utilize it. No funding is required by the City of Denton. Mr. Douglas Avis: My name is Douglas Avis and I ant with PrimeCo. Most lattice structures, self supporting structures do have a the way that they are built they do collapse naturally. You don't ever see one fall completely over. It would never fall its total radius. This particular one, the way it is designed there are very few horizontal elements, they are almost all diagonals and verticals. If something ever came along that would cause it to collapse, it would start collapsing very easily. It is not going to be a situation like you saw at Cedar }fill. It is designed quite a bit differently and it doesn't have the guy wires on it. It would never fall its full height. Mr. Cochran: How close is this to the water tower. Mr. Avis: It is very close to the tower. Part of the reason this was done was to conserve land for the park. This will be an all new structure that has never been built. It doesn't have very many horizonal elements in it so it will be more aesthetically pleasing to the eye. This tower will be two different colors and it will give the appearance of two dimensions. This will be the first one erected in the United States because it is an all new design that we commissioned just for this particular purpose. Mr. Cochran: Will this be generating revenue for the City of Denton? Mr. Avis: We will be paying rent for its use. It would also be available for any other company that would like to use that tower and that would generate revenue for the city. Mr. Wells: The City of Denton has plans to relocate our 800 megahertz trunking system. The City of Denton's radio system is shared by Police, Fire, Emergency Medical, and all of the utilities. We have a slight problem up in the northwest part of the county where sometimes our emergency medical teams are summoned. They have a problem sometimes sending telemetry to the hospital. This would correct that situation and put us in a much better situation. It would increase our communication ability a tremendous amount. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition? We will close the public hearing. Mr. Powell: I move we recommend approval of Z-96-046. Mr. Jones: Second. 9r. 3 4 P&Z Minutes December 11, 1496 ~9RAF Page 13 Mr. Cochran: I am going to vote in favor of this because there is no opposition to it, but if there was I would have a real difficult time voting in favor because this is a considerable increase over what is out there now and I think it is going to be an unsightly thing. It is close to a lot of single family residences out there, but since there is no opposition I will vote for it. I think those things are ugly and the fact that the city is involved in commercial ventures for the profit of private entities requires a little extra scrutiny. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) { /O. S ~i F 2 AWPDOCS\CRD\Z-96.016 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ON .0791 ACRES, BEING A PART OF 18 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SCRIPTURE, BETWEEN BONNIE BRAE AND THOMAS TO ALLOW FOR A COMMUNICATION TOWER; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 1996, the Planning and zoning Commission recommended approval of the requested specific use permit; and WHEREAS, in accordance with Article III, Division 4 of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor signifi- cantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede th! normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there it sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the specific use permit to operate a communication tower is hereby granted to the City of Denton, Texas for a .0791 acre tract, being part of an 19 acre tract, described in Exhibit A, attached hereto and incorporated into this ordinance by reference. s 4 F SECTION II. That any person violating any provision of this ordinance shall, upon conviction, be fined a e,im not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION _III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 /a. E EXHIBIT A MdM"A PARK Legal Descripdoo '~parod of knnd afdurted la the Coraty of Daaeoti State of Teri, caamorky known as Mcl6eaaa and acquired by the City of Deatoo on Marsh 3, 1950 for an ltlorated Sewage Task, and being a part of the Robed BeamrroW gamy and being more pm*jdgdy described U rdim t. BEOWNDNG at Ike Soathwed corner of the Robert Beauoont Surrey at a point 1321.3 Vas FAW of the Nortbweat corner of the I o P P FucknW Sur M in the North boundary llse of the acme at a Pat and Pik of rock ku the wad border of the CrowTinben and at a pobrt ha"m ae r4ealaps Fbkat from wbieb a P.O. brs Nortb 9o de zo t 5 vM awebw bra Nord 24 deg. East S Vra; Thence End 302.3 m to a point for emraer, old point being 20 het West orthe So.tbwed corner of a 13 acre tract deeded by It B Xw ft add wife M. L Zwldg to K L Witidmg 1116mm North and paraWA with said A 4 W6kbo Wed bomrdary hoe 329.5 m to a point for eafjW ordd point being 20.fW Wert of the Northwest eormor of raid Wmdm Tram Item WOO 302.3 rrs a point for corner, Thence South 323.5 m akeng the wet boundary line ar esid Be- ne. garrsy a pleas( and ooad*blot Is acres of lard enure or has and being the man tract of land oNm7ed to.R A. k'tesit and %rW Jennie Jerk by R EL Ewing and wMc 1K L Zwkag by deed dated N*"wdw 27, A.D.,1909, recorded he Vekarno 1149 Page 213, d the Deed feooaris of boom Carat=, Ten, and i Aherdl and wife Jarde 1 ea by deed dated arch 31 .1930, recorded is Vshm 3,% Page SSA, of the Deed Reconb or paten County, Taws. Proposed McKmm ft& Commankatim Fmc ty StlbdMslon BEING a 0.0791 Acre 2 rad of toad skmated in the C%j of Assto•, red We@ one of the Roma BRAVTMONT S11t1VZY, Abase Na 31, Doom CaEaty, Tessa, and being part of a Wind lu acres tract of had de@WW to the Ckey of Dedem by a warratr deed as saes.ded is Vokm 3n, of the Deed Sank of Denton Coady, Tar said king none partipdarty described as ftP S" fouvwx COi1Dl1ENCING the Sortbeart cornier of said City of Damson tract of had am commonly b wu its MCKA stow Fadq TRENCE North with the west right of way thre of Tbomm Head for a dist"m of 439.711 feet to a root TSRNCE End departing said wet right of wrap Use for a distances of 169.72 fat to a rsoW corner Pool for corner for the PLACE Or BEGWNkNG; TSZNCE North 09 degrees Olt mbnren 33 recomds Wert for a distance of 9x.47 feet to mW cat an pod for corner, 7 HEAPCE North 00 degrees Sl aimales 27 seconds Zed for a didamee of 3500 feet for corner, 7 HENCE South 09 degrees 00 minutes 33 scoomds Rant for a distance of 90x7 reef for comer TRZNCZ South 00 degrees 31 adartes 27 seceado West for a dim aaee of 3500 fed to PIACZ OF BZGDrM40 add CONTAVMG 3444 square feet of land or 0.0791 an of Dead. /j. S v f Agenda No. Agenda Item _!:2. Date 2-ZI-Ae- CfTY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City !Manager DATE: December 17, 1996 SUBJECT: Hold a public hearing and consider an ordinance approving a detailed plan of 0.4528 acres in Planned Development 1 (PD-1) for a parking lot. The subject property is located on the west side of Gay Street, 226.30 feet north of University Drive (US 380). RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (7-0). SUMMARY: The '20% Rule" will be in effect for this case, as the opposed responses total 23% of the area within the 200 foot notice. A 'supermajority" wiiI be required to approve this request. For additional details please see the Planning and Zoning Commission Report, BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISQAL IMPACT: None. R F Y„ Please advise if i can provide additional information Respectfully submitted: Ted Benavides City Manager Prepared by: _ r Walter . Reeves, Jr., AICP Urban Planner Approved: Rick Svehla Deputy City Manager Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance (drafi). Attachment #3: Draft minutes of 12111/96 P&Z meeting. a I ATTACHMENTI PLANNING AND ZONING COMMISSION REPORT To~ City Council From: Planning and Zoning Commission Date: December 17, 1996 Subject: Z-96-044 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Dentc,i, Texas 76201 Owner: International Business School 3801 1-35 Denton, Texas 76201 Action: Request approval of a detailed plan for a parking lot in Planned Development 1 (PD-1). Location: The subject property is located on the west side of Gay Street, 226 feet north of University Drive (US 380). Surrounding Zoning and Laud Use: LOCATION ZONING LAND USE North: PD•i Vacant land South: PDA Business school, Western Sizzler (Sizzrin) East PD-1 Vacant land , West PD-1 Vacant land Denton Development an: o erate ntenslt~; Area #7o a ate d). SMgAL INFORMATION The subject property will need to be platted. A general development plan, preliminary plat, four variances, and a final plat have been reviewed, and in the case of the variances, recommended to the Council for approval. If all the requested variances are granted, the only required public improvement will be sidewalk along the Gay Street frontage. BACKGROUND The subject prcperty was "moved" from a conditioned zoning to Planned Development f (PD-1) by Ordinance 69-01 which adopted a new zoning ordinance and map for the Page 1 3. 0 d ATTACHMENTI City of Denton. PD-1 has been revised numerous times (4) in the intervening years, with the last time being 1988. NOTICE This item was originally scheduled for the November 13, 1996, Commission meeting. Notice was done, and one reply was received in opposition, which totalled 23% of the land area inside the 200' notice (Enclosure 2). This item was subsequently pulled from the November 13, 1996, meeting because of unresolved issues (encroachment of the parking lot into an access easement), regarding the proposed detailed plan. Seven (7) notices were mailed on November 27, 1996, for the December 11, 1996, regular Commission meeting. Three (3) replies were received in favor, and one (1) reply was received in opposition (Enclosure 3). This response is 'In favor with exceptions.' It is in favor if certain exceptions are addressed. As the Commission is not requiring the owner of the property to address rose 'exceptions' the conservative course of action would be to consider the response as not unequivocally 'in favor,' therefore, the property remains opposed, and the '20% Rule' remains in effect. Certainly, the City's legal staff may want to provide further guidance regarding this issue. ANA_ LYSIS Denton Development Plan Policy Anal sis Summary Moderate Intensity Area Development Retiny VS Policy POLICY COMMENTS Writsrar,uy B.Whd cowowd 1xmM~tm1 IxmsNdm To be consistent with the Plan, a Allocated Intensity - 163.34 Intensity trips. development should not exceed its Actual intensity. 40 Intensity trips. x allocated intensity. Moderate Centers are located at the Designated a Moderate Activity Center by the Intersection of two primary arterials Denton Development Plan. x and at strategic locations abutting a freeway and are spaced approxlmalrdy a mile apart These centers aro a maximum of 60 acres Diversity: Land use dversity shall As this pvidnq lot is associated with i, be defined as uses other than the business school, the use is a use other than dominant land use; In the area such the ones listed under the policy x as commercial, retail, lIght industrial and office, Page 2 i d .:f ti f 1 t , ATTACHMENT 1 Diversity Bonusr M Intensity bonus Not applicable. for mixed use developments that Include public or non-proAt community WO facitib'as or uses. CammefClaltrotall limited to 1/3 of Not app.",cable. tit lots! acreage of tine canter. High Density Housing Not applicable. Transition behveen land uses, Access to arterial streets. Concentration of 750 units. IQ mile separation. Sita design. Low density residantia' arias should Detail Pian under review, be protected by strict site design X control with setbacks, parking, buffadrig, and landscaping requirements. Strip Cc,-merciak The Intent of the Not Applicable. Plan Is to encourage centers of activities and to discourage strip commerclal. Location of proposal in relation to Public facildies available to Properfirexisting or proposed public facilities. ' X Required on Detailed Plan: 1. Acreage, The acreage In the plan as shown by a survey, certified by a registered eng;neer. Provided. The subject property is not platted. 2. Land Uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. Proposed land use is for a parking lot. 3. Oft-site Information. Adjacent or surrounding land uses, zonings, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to surrounding properties, uses and facilities. Provided. i Page 3 s_ F ATTACHMENT1 4. Traffic and transportation. The location and size of Pll streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. Provided. 5. Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total floor area. Provided. 6. Residential development. The number, location, and dimensions of lots, the minimum setbacks, the number of dwelling units, and number of units per acre density. Provided. 7. Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements. Provided. 8. Utilities. The location and route of all major sewer, water, or electrical lines and facilities iecessary to serve the district. Provided. t 9. Trees and landscaping. The location of all protected trees and a landscape plan as required by the city's landscape ordinance. Provided. 10. Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. Not applicable. It. Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. Page 4 i f ATTACHMENT1 No screening is required, as there is no adjacent residential land use. 12. Signs. Location, type, and size of all signs regulated by the City's sign ordinance. No signs are proposed. 13. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. Provided. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7-0). ALTERNATIVES 1. Recommend approv,? without conditions. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. ENCLOSURES 1. Detailed plan. 2. Response form from November 1, 1996, mailing. 3. Response form from November 27, 1996, mailing. Page 5 7. s 4 "r. STREET YARD .ro . n:RU NOW rm flab+.aos •.n • rmr . A1,J Wl nrr r.owrJ WOlfWf • . NIIJ X MI Tar r C. Jim al tnl([r wo) rx' comw o J4 L300 zr nm ' rlloroJ[ / rn. u craw sac / 1 • ~„1 I eo . q f arO low" n rW& w M " G * wCVll NCWRY my PLANT LIST r •a; aalrlr.rl rwa rtt/ . n'~`9®..Ytlr .vwm. n i RN PEI I I•s"~'i[~w/w.w/r°nA.T!r ~wI i r !s~ I .r 11 +~a rN r.M ; 1 ~ /MGOrD. P' GW. roll M .Mr. •Ir.... iG, a•nlr b I 10 .Mar W (ry0 • N W IIPMtO ~I 2 /H I p MDK7 rlwr[! d M me /uI • a R ~ re ww owar w canawJ rmcr.ru y \ rOfOM .t b Llnog rillo.tr+ d awroa row[ wr. it ,Tar R1 °a x Tw { 1. 0 a~..rv n H rn Z LOT 1 t" LOT 2 10 rrbvlm r ..m LW ra f foaa F I o.a ro vwo.sn o.K. I Korr hollyw "T at 1 r•I w t rr eE DETAIL PLAN AND ..r Ir WMI w<I n wm p( •Y. W.6 WM 1 r Lo w r Or. LANDSCAPE PLAN hm YR .YOri, lriMr rl. w fW Wrr rrM1 .M. Rw b[ Jb*i R !OR >r n J ■ M w l qrr rdu Jr nt Jeurr Iuonwr Jurrr/ rJrrrKt Tula! n RECEIVED mr ar owJrJ a urres rrJrJ K al R.rrr XA.tINETT do NASH, INC. 01s t" uG i•. °~"Ir ierro~w{y prnr A' SURVEYORS pJaw I *Uhw f'~•r0 glr f r vwrww Dr/C ~JVr9i0r+S dr: »-.fv-rMr <r. Jrt/ r 7e~-afd OdtOM. Rr~f JJJ nc/Wr >i .1 A77ACHMENT i •.r~ ENCLOSURE 2 NOTICE OF PUBLIC HEARING The Planning & Zoning Commission of the City of Denton will hold a public hearing on November 13,1996, and consider the detailed plan of 0.4667 acres of land In Planned Development 1 (PD-1) for a parldng lot. The subject property is located on the west side of Gay Street, 226 feet north of University Drfve (US 360). The public hearing will be held In the City Council Chambers of City Hall, 215 E. McKinney, starting at 5:00 pm. The Commission appreciates public input, so you are Invited to attend the hearing And return this notice with your comments lo: Planning and Development Department City Hall West 221 N. Elm Denton, TX 76201 Case Manager: Walter Reeves, Urban Planner Procedure for a Zoning Petition A zoning petition follows a two-stage review process designed to provide opportunities for citizen Involvement and comment. The first step, following the submission of an application for a zoning change, is to schedule a public hearing before the Planning and Zoning Commission. Landowners within 200 feet of the zoning petition site are notified of the Planning and Zoning Commission public hearing. They are provided this response sheet and are invited to attend the public hearing to express their support or opposition to the request. Second, the zoning petition is forwarded to the City Council for final action providing the Comrr.!ssion recommends approval, or approval with conditions. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If the owners of more than 20% of the land area within 200 feet of the site submits written opposition, then six out of seven votes or the City Council are required to approve the zoning change. These forms are used to calculate the percentage of property In opposition. NOTE: Any site plans, replats, or conditions accompanying this form may change before, during, or after the Planning and 7ardng Commission public hearing. Please circle one: in favor of request Opposed to request r No opinion on request , a.s S'u.~iniEtea- COMMENTS: a4j- pro~ert~ b~rbexs s~.bzrer P„ope+- l owned by Mr. Cr44- '1:n I`t42, "losr dq, Try aP 40 aw Pa'eeAe;vC ee CA ass k6w ',s YrptJ fc^c(Jrir~ 4.cr3, b~-K 1 ~><r4ed i Re••1 Frcry +^eoo j 0i" cmr ^e^ &ja;(Jsj plee..sluu.s tie- prr imP tifierj cwrst d. 40"; • drain. e hnrntin~ of + prepFx*y 40 Pi SO, W e ahe- w me-d al "r r t e tj1e t{e~ fit, What irnFreue,nv,.ts will be ovje -toalJeuintc 4^t probleh Signature: I I Printed Name: `~1LCP. L i1t~l4iSG1 ~t c~{ Address:- 05 --1 tt)iz Dr, W, Lkee Vt't-x q6 q i-d Telephone Number: a Phone (817) 566.8350 City of Denton FAX (817) 383-7707 9. S f, ATTACHMENT 1 ENCLOSURE 3 NOTICE OF PUBLIC HEARING 2-56.444 The Planning & Zoning Commission of the City of Denton will hold a public hearing on December 11, 1996. and oonsiderthe detailed plan of 0.4667 acres of land in Planned Development 1 (PD-1) for a paridng lot. The subject property Is located on the west side of Gay Street, 226 feel north of University Drive (US 380). The public hearing will be held in the City Council Chambers of City Hail, 215 E. McKinney, starling at 5;00 pm. The Commission appreciates public input, so you are invited to attend the hearing and return this notice with your comments to: Planning and Development Department - V Gr% V City Hall West G 221 N. Elm 11 Sgg6 Denton, TX 76201 ~~C Case Manager: Walter Reeves, Urban Planner P01R1NG &E ¢JIEtI~ Procedure for a Zoning Petition pEQA4t A zoning petition follows a two-stage review process designed to provide opportunities for citizen Involvement and comment. The first step, following the submission of an application for a zoning change, Is to schedule a public hearing before the Planning and Zoning Commission. Land owners within 200 feet of the zoning petition she are notified of the Planning and Zoning Commission public hearing. They are provided this response sheet and are invited to attend the public hearing to express their support or opposition to the request. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval, or approval with conditions. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If the owners of more than 20% of the land area within 200 feet of the site submits written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of property In opposition. NOTE: Any site plans, replats, or conditions accompanying this form may change before, during, or after the Planning and Zoning Commission public hearing. Please circle one: In favor of request w~r+r. Opposed to request No opinion on request e to t(oKs COMMENTS: cd- ,kat- nA COY raQ re*,ey%& -o, e We a,i^Q. ctoncern eK sbee;. 15 5k&wk% or. -Av, froposed deVaSo men+. cbrt. ro , has bee;. e-6nmaw~ Ornto theme sou-+k Std C a~ "i'511 r~YeR~ over OV4^ Wthrtfh. e past t%ja jen.1-S CAwstn~ obstruction o e Drive, c.nnels behoa•-t-~. Gay 1 Wa+err rn+oru one atr Q + G * is in{'k4tiem A^AL tai e, exec td. 'T'h arid. wb -rye. naiwral oOhoila be, t~qu.ireA b rtie ~*yl riot to o~roVa•( pr.ia dwt added ~r~,Wy►~~{ o j -rkfsydeueloprnw+e t~atwe st; Sig ,ature Q4, r'o (IJ%`!~~ + Printed Name~:~ &r iftlo-e.. t•l.J i4lc ilsin yk COZZ 2A ' J' ` Address; ias ki, b, 1r:. W., Lak - :Ma O Telephone Number:--2ly" 4101r-,&A Phone (817) 566-8350 City of Denton FAX (817) 383-7707 a 3 E 2.96.044 ATTACHMENT 2 rI ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN OF 0.4528 ACRES IN PLANNED DEVELOPMENT 1 (PD- 1) FOR A PARKING LOT, FOR PROPERTY LOCATED ON THE WEST SIDE OF GAY STREET, 226.30 FEET NORTH OF UNIVERSITY DRIVE (US 380); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Ray Croff, on behalf of international Business School, has applied for approval of a detailed plan of 0.4526 acres, described in Exhibit A, in Planned Development 1 (PD-1) for a parking lot; and WHEREAS, on December 11,-1996, the Planning and Zoning Commission recommended approval of the requested detail plan; and WHEREAS, the City Council finds that this detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a detailed plan (Exhibit B) of 0.4528 acres in Planned Development 1 (PD-1) for a parking lot is approved under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceed- ing $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective: fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this, the day of 1996. x ATTACHMENT2 ~ ~t I t~ I, I JACK MILLER, MAYOR ATTEST: JENNIFER WATERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 l z F ATTACHMENT 2 tx~idit ~j JD}' PARCEL OF 1. RAY CROFF. AM THE LAND LYING D BEING wSITUA ED N THE T RCERTAIN TRACT OR OBERT BF,'AUMONT AND B~EINGSPARRTT OF A (CALLED) CITY OF 0 667DACRE TRACTTAS DESCRIBED TEXAS, A ONEDTHE FROM ROBERT EDAY OF SEPTEMBER 996, MARY L AND RECD DED OU DRAY ER CRCOUNTY CLERKS FILE NUMBER 96R-0065447 ON THE IBM DAY OF SEPTEMBER, 1996, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT AN IRON PIN FOUND ON •.rIE WEST LINE OF GAY DRIVE, AT THE NORTHEAST CORNER OF LOT 2, BLOCK 1, OF SCOTT ADDITION, AN RECD DED . IN CABINET K, PAGEE 2,N PLAT RECORDS OFN DEMON ECOUNTY, TEXAS: THENCE NORTH 89 DEGREES 35 MINUTES 00 SECONDS WEST WITH THE NORTH BOUNDARY "UNE OF SAIQ LOT 2 AND THE SOUTH BOUNDARY UNE OF SAID CROFF TRACT A DISTANCE OF 188.00 FEET TO AN IRON PIN FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID LOT 2, THE NORTHEAST CORNER OF LOT 1 AND THE MOST SOUTHERN SOUTHEAST CORNER OF A TRACT TO BELIEVERS FELLOWSHIP OF DENTON. TEXAS, INC., AS RECORDED UNDER COUNTY CLERKS FILE NUMBER 95R-0062975. REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES ^3 MINUTES 33 SECONDS EAST ALONG THE WEST BOUNDARY LINE OF SAID CRG,F TRACT AND AN EAST BOUNDARY LINE OF SAID BELIEVERS FELLOWSHIP OF DENTON, TEXAS, INC. TRACT, A DISTANCE OF 128.82 FEET TO AN IRON PIN FOUND i OR CORNER; THENCE SOUTH 89 DEGREES 38 MINUTES 14 SECONDS EAST ALONG THE NORTH BOUNDARY LINE OF SAID CROFF TRACT AND A SOUTH BOUNDARY LINE OF SAID BELIEVERS FELLOWSHIP OF DENTON, EXITS, INC. TRACT A DISTANCE OF 44.38 FEET TO AN IRON PIN SET FOR CORNER; THENCE SOUTH 66 DEGREES 15 MINUTES 12 SECONDS EAST ALONG THE SOUTH BOUNDARY UNE OF A 30 FOOT INGRESS/EGRESS EASEMENT RESERVED 716, REAL PRO PROPERTY RECORDS IOFSDE ON RECORDED COUNTY, TEXAS, A DISTANCPAGE E OF 6.77 FEET TO AN IRON PIN SET FOR CORNER; THENCE SOUTH 70 DEGREES 14 MINUTES 44 SECONDS FAST ALONG THE SOUTH BOUNDARY UNE OF SAIO EASEMENT TRACT A DISTANCE OF 77.35 FEET TO AN IRON PIN SET FOR CORNER; THENCE SOUTH 52 DEGREES 57 MINUTES 54 SECONDS EAST ALONG THE SOUTH BOUNDARY UNE OF SAID EASEMENT TRACT A DISTANCE OF 80.49 FEET TO AN IRON PIN SET FOR CORNER IN THE WEST UNE OF GAY DRNE; THENCE SOUTH 00 DEGREES 33 MINUTES 23 SECONDS WEST WITH THE WEST LINE OF GAY ORfVE A DISTANCE OF 52.56 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.4528 ACRE OF LAND. /3, yS Y i F f SfRtff ViVRp ' /_1/JfIN.` twcm ~i, a c r►~ ~ ~ . a W mua/ .+n r+W irrar( rrlJ • r)a10 Wrrt /qr i h Ii.a a Iwm wary r (REFS _ • 'r rAaPoY r 4YPM f~ • I.I AR7 C Mawr , VV RARK110 aKas wcaeo . u ~1p.Kn`rn,~i :o nn:'ao wma f~mrr fuR 1 . c*uwnrr PLANT LIST m•nea, t• r.r•, w.r.., ~ r wue rrr b .aw:w r 'C ~ ~ Fo ~~r ~+o ~ir~• ~l )M e H f ~~~r wnaw ~ ~r ww~ r ruwi w•w •w.r • r.-w ~1w1 •r qt :r•o ~r' ...r +-rf~. j ~ ww~na n woP wY LLJ (IOC. Mpv l i ➢ m+l . e r rtvdtp - to ~r J1`i t r ~ h-t ~ I W w.adtJ nwie o nq nt ~ b rWr M'.'iS w OMrWr) rMKw.lm rolrar wt ra ■llq, rtua,vr d a(.rua nxi -f V y N rc.n 1Y~'T MI M r moo • r PAR + I I I~I I I a t I fa[trnr u \ ' r M ~ f Q LOT t t" cor z KM'.w I Kxlft rt t - I r~wf~IrRa. J r+w n c'owta o ur 4 xarr ,eenn~ 4f ~ a° or: ar~ar,.c xcw, a•a [rr r, rc I. rr R_ rrr > 4I v,p n n•w w. rta .nn„ r I DETAIL PLAN w5 i Y~i wo~fwi'~nir rwr iw- mw<i. r.n wcr ww AND W w r' LANDSCAPE PLAN II rI r >t w M FOR I.t I a "t xN[ w rut ""tf Ir'0 Ll /:I Ir 7RECEINVED XAMMETT NASIf, INC. ro-Il-c/rr ul lfI ENGINEERS a SUWEYM x :I ti f- 4 P&Z Minutes ATTACHMENT 3 December 11, 1996 A JPage 2 Mr. Powell: So moved. Mr. Jones: Second. Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (7-0) Mr. Powell: I move approval of the consent agenda. Mr. Moreno: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved (7-0) M. Planned Development-1 (PD-1). The subject property is located on the west side of Gay Street, 226 feet north of University Drive (US 380). (Z-06-044) a. Hold a public hearing and consider a detailed plan of 0.028 acres for a parking lot. Ms. Russell read the rule of procedure for the public hearing and opened the public hearing. Mr. Reeves: As you will recall you waived the fee at your meeting last month and you are therefore the applicant. We did send out notices for the November meeting and it was then pulled from the agenda. We mailed out seven notices on November 27th for this meeting and received one reply today from Mrs. Bernice Wilkinson. She marked on her form that she was in favor with exceptions. Upon reading her reply it reads more like site is opposed with exceptions and because of that fact I counted her reply in with the opposition. The percentage that is opposed to this request is twenty-three percent. This is a pretty straight forward case. It is consistent with the policies and staff recommends approval of this request. Mr. Powell: Bernice Wilkinson wrote in asking about an easement, can you talk about that? Mr. Reeves: There is an access easement across this property to the property to the north that belongs to Bernice Wilkinson. We found out about this easement when we received Ms. Wilkinson's reply to the first notice that was sent out. We did some research and found that there was indeed an easement so Mr. Croff adjusted the detailed plan so that it is no longer in that easement. Ms. Russell: Is there anyone to speak in favor of the petition? Mr. Ray Croff: My no-:e is Ray Croff. I am the owner of International Business Schools and I have purchased this property to put in a parking lot behind the school. I have some questions about the opposition and I would like for the Commission to evaluate Ms. Wilkinson's response. Mr. Ganzer: (Read the reply from Bernice Wilkinson dated 12/11/96.) It reads "We are concerned that no city requirement for drainage is shown on the proposed development. Fill dirt, rock, etc,. has been added over our easement into the south side of existing creek bed within the past two years causing obstruction of the flow of water through one of the drainage tunnels beneath Gay Drive and changing AIr• { .y t! 14 r P&Z Minutes ~~)1 December 11, 1996 I^,~ ~r~, u Page 3 the natural contour of the creek. This infraction and proper drainige for added run-off should be required by the city prior to approval of this development request." Mr. Cochran: Won't this really have more bearing when it goes to the City Council? Ms. Russell: Yes it will. Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final remarks? Mr. Powell: I move we recommend approval of the detailed plan for a parking lot in PD-1. Mr. ]ones: Second. Mi. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider a general development plan of 1.195 acres. Mr. Reeves: This is a 1.19 acre site located on the west side of Gay Street north of University Drive. The proposal is to create lone lot to be used as a parking lot by the trade school. Since the proposed parking lot is a part of a larger piece of property, the City's Subdivision and Land Development Regulations, require that either the entire property be preliminary platted, or a general development plan can be done. DRC recommends approval of this. Ms. Russell: Any discussion? Mr. Cochran: 1 move approval of the general development plan of the Croff Addition. Ms. Gamer: Second. i Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) C. Consider exaction variances of Section 34-118 requiring the extension of water and sewer lines across the frontage of the property, Section 34-116(e) requiring adequate water capacity for fire protection purposes, and Section 34-116(c) regarding required fire hydrants. Mr. Reeves: What we have here is three exaction variances. For these the, Commission makes a j recommendation to the City Council. Our Subdivision Regulations would normally require the extension of the sewer and water lines up Gay street. T~tis is an exaction variance because the cost to extend those lines out weighs the use as a parking lot. Additionally the purpose of extending lines is to provide service to other properties beyond the property being developed and Gay Street dead ends at this property. The property to the north has access to other lines. Additionally, for the next property owner north along Gay ;'t:eet to use any lines extended up Gay Street would require extending them across, or under, an existing creek which would most likely be prohibitively expensive. Since we are recommending that a water line not be extended to this property we are also recommending the variances for fire flov and fire hydrants. The total cost of assuring adequate fire flow would be /6, t F Agenda ND, Agenda Item CITY COUNCIL REPORT FORMAT Date -I r1' q(et TO: Mayor and Members of the City Council FROM: Ted benavides, City Manager DATE: December 17, 1996 SUBJECT: Consider the following exaction variances for Lot 3, Block 1, of the Scott Addition: 1. Section 34-118 requiring the extension of water and sewer mains. 2. Section 34.116(e) requiring adequate water capacity for fire protection purposes. 3. Section 34.116(c) requiring fire hydrants. The subject property is in Planned Development 1 (PD-1) and is located on the west side of Gay Street, approximately 226.30 feet north of University Drive (US 380). RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (7-0). _SUMMARY. See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: { Not applicable. FISCAL IMPACT: None. z F f E. Please advise if I can provide additional information Respectfully submitted: ~W L'iL 1 I Ted Benavides City Manager Prepared by: Walter E. Reeves, Jr., AICP Urban Planner Approved: Rick Svehla Deputy City Manager Attachment #1: Planning and Zoning Commission Report. Attachment #2: Draft minutes of 12111/96 P&Z meeting. a. ;f F ATTACHMENTI PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: December 11, 1996 Subject: Exaction variances for Lot 3, Block 1, Scott Addition Recommendation Planning and Zoning Commission recommends approval (7-0). Background The owner of the proposed addition has applied for the following exaction variances to the Code of Ordinances of the City of Denton: 1. Section 34-118 requiring the extension of water and sewer lines aciuss the frontage of the property. 2. Section 34-116(e) requiring adequate water capacity for fire protection purposes. 3. Section 34-116(c) requiring fug hydrants. The request is based on the lack of a reasonable connection between the required improvements and the proposed development (a parking lot). These 'exaction variances' are being recommended to the City Council Dfcause the Commission has determined that: Where the oomm:ssion finds that the Imposhlon of any development exacilon pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute oonfiscati,n of the tract to be platted, it may recommend approval of variances to waive such exactbns, so as to prevent such excess, to the city council. Waiver of developmental exactions shall be approved by the city oo-ine 1. Extension of water and sewer lines is a requirement of the subdivision regulations in order to promote orderly development and make available services to other properties beyond the property being developed. In this case that goal would not be achieved, as the property to the north has access to other city water and sewer lines (Enclosure 2). Additionally, for the next property owner north along Gay Street to use any lines extended up Gay Street would require extending them across, or under, an existing creek, which would most likely be prohibitively expensive. Adequate water capacity could be achieved by connecting to the City's existing 12" water line in University Drive and extending that line north 279 feet. At the approximate cost of $20 per linear foot (for an 8" line) plus $3,000 for taps, fire hydrant, etc., the total cost of assuring adequate fire flow would be approximately 3. r x ATTACHMENT1 $8,520, for a parking lot. The lot will be serviced by a metered private line, which will be inadequate for fire protection, as well as for any future development more intense than the parking lot. If the variance is recommended on extension of the water line, the variances regarding water capacity for fire protection and fire hydrants should also be recommended, as there will be no public water line capable of providing capacity, nor will a public line be available for a fire hydrant installation. The cost to extend an 8" sewer line the required distance would be approximately $20 per linear foot plus $3,000 for two manholes. The total cost to extend the sewer line would be approximately $8,580. Enclosures 1. Plat. 2. Area map. z r1 ..r Nr w.www wr.w aO.r aw p.r,r K~aQ IwY~Ml tnaw >«a ~1~. • 'a[ 1`~01~`~0°~"'4 ..'.o.."~I.ota nczrr& to a.~lalrppr y~w~~wN s r•~'t ~ s'~! 4~"4 • ~IWCI P~ N O~ 1111 yl I alRlq q~" I~Ir~ PY'aw~~ IrK a1. R~^MP Ir.rm_•YY.r• w~r'"eaan. na w..++ ral IM"NMr IGO~"Itllara Tr raw "rawKIaN P K MIA W I mb~w M~I ~Iw1p.l~ IrWyw' F ~ m ! 'ar~a°° a .IO a I.~r i lYI MM r ofrr talaw, ~~no~r,rrel pra^au'rnn "Iwmr'~ar~ia • NC m r FLIP ~m f .a.. wnnNt lmrt I I ' ewr°°Wwr%o.a:~►.."'"~°i. ..I.~~:Ipw~ R'w~ a.wv KIWI 1M1 M1R tl • 1 If~IQ v ~StC T M r aw Ia wIM 1P aIA .¢Jnt wwf rIf 1[L a nuw Ow W K o M~'r w / M"Aw ae ~ fir grww 4K ~ r w +ola.a" r O~ or Irt, ra I dIa14 w .Uf of w w rs M ih f/rR a¢ .uaWr+°wu°..owaas~w,y°~°e~u. w~swK ' \ \ 4 Y vwl "It$ wr :°a~ nr°wwa '°i Yil'Ara"'ir 4s {\J/•!. i Will JK! / \ \ K"t tNw w Y rW Y Aalaiaf[ r 11j~ fir prO.r'r~tw OfaP rw LrT r,♦ \ ♦ I{a w r 1101 rr p{I~AwVrl~p y Y~ ~1 r^N• \ R I .mN.ai tYS ~I~MO 4iOr IwP~M.~ ~ I rosrat it ro m ~ n m:arvv or e/ '4L \ I ~a1"w . K fn p eta . K w raIf41 rrw eKaraa 1a.t ale. ~iti~ \ +fw fiu r pm 0 wa 0 It~~ f1.of w K s CtJ ry..pp/JJr3 `J • ~ ~ \ .Wilwra w eas r a Y 4Y rw I IMK IM j rrwy.faa...w .a 101 I fa Niiat. 5 I ~<~p ~ ~yww•OP. r Ypar{~aw4l~flj°~1'. K \ / "J 1_I 1 . _ ia10 O».1~•r.l YOi0wr1 .w awl "'r` O ry tors A x BLOCK f ~ ~ 0.4328 AC. o y~ q y 9il ~rmew" mm w m Z u" i F l ' wMi qK> iow 0 a M 1a " I m y~1Y~w. z i ~ Ir ur • If a~.~wr'aarortaWl Wmsww~ ~ a7 r i .i ' aw rM .N..Iw. r K77'/7'Y 1//M ~ wa1 rYP w I.ra w uw I~OIR fw Mr. 0 BCGLNNSNG L07 ! I L07 2~ f 1 8l I xon anrnl 3{ w°°`•, I FINAL PLAT tl7t1.,tIR a rw0+4 SCOTT ADDITION aD.~ iM Dap A0. Iw . A M Mo .M I fr: uKt n .n+ra r/t. w. rR./ .r1a.r r w. rer 5fC7I0N T,IO m 9 r~i"'aan°+°a"a+.rri.r•• eD.ti11. rata r,ptr 1r1. PLVII.w 110 ivaw t8+1rS/11 v em v Ra1er1, tort LOP J. BLOCK I &"to 409 or rM 1• h . )t K * 1 J.IJar ILVa7Wf J # 010K FMS JI eer JJS cerJrr Of a want rcuJ RECEIVED rt en r. /r' awK 1 Yr uv. 1441: .fr HAM~h'6'TT & NASfl, [,'VC. in to JrJI hl/ ' "i.r l a.h7fpT rtw rrwr J ENGINEERS k SUFNEYORS I MOW "r~ a r tfus (e1n xr-oxJ Odrot 4wlS !)1 . wr .K aR J(1fS 0NS wr aJO-1wJ ill S 1 I~J R Aflc r - w 61 WATER IrJ n 1 SEWER) P: - .I 11' ' ~ f n ' 1 i v I ~ 30 I I E.ASMEN1 T ~ !L V 1 M. 1 <<J Q u I I II ~ 1 II I --PECAN CREEK j - 1. i ii i - is 011 SCOTT ADDITION - MAPSCALE Its = 200 FT. L f t ATTACHMENT 2 P&Z Minutes December 11, 1996 - IE Uf t I; Page 3 the natural contour of the creek. This infraction and proper drainage for added run-off should be required by the city prior to approval of this development request." Mr. Cochran: Won't this really have more bearing when it goes to the City Council? Ms. Russell: Yes it will. Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final remarks? Mr. Powell: I move we recommend approval of the detailed plan for a parking lot in PD-1. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider a general development plan of 1.195 acres. Mr. Reeves: This is a 1.19 acre site located on the west side of Gay Street north of University Drive. The proposal is to create lone lot to be used as a parking lot by the trade school. Since the proposed parking lot is a part of a larger piece of property, the City's Subdivision and Land Development Regulations require that either the entire property be preliminary platted, or a general development plan can be done. DRC recommends approval of this. Ms. Russell: Any discussion? Mr. Cochran: I move approval of the general development plan of the Croff Addition. Ms. Ganzer: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) C. Consider exaction variances of Section 34-118 requiring the extension of water and sewer lines across the frontage of the property, Section 34-116(e) requiring adequate water capacity for fire protection purposes, and Section 34-116(c) regarding required fire hydrants. Mr. Reeves: What we have here is three exaction variances. For these the Commission makes a recommendation to the City Council. Our Subdivision Regulations would normally require the extension of the sewer and water lines up Gay street. This is an exaction variance because the cost to extend those lines out weighs the use as a parking lot. Additionally the purpose of extending lines is to provide service to other properties beyond the property being developed and Gay Street dead ends at this property. The property to the north has access to other lines. Additionally, for the next property owner north along Gay Street to use any lines extended up Gay Street wot!ld require extending them across, or under, an txisting creek which would most likely be prohibitively expensive. Since we are recommending that a water line not be extended to this property we are also recommending the variances for fire flow and fire hydrants. The total cost of assuring adequate fire flow would be b F l L 't! P&Z Minutes December 11, 1996 Page 4 •ti~ t approximately eighty-five hundred, and twenty dollars for a parking lot. In case you are concerned about the landscaping, there will be a one inch water line extended on a separate meter to take care of that. Staff recommends approval of these variances. Mr. Cochran: How close is the nearest fire hydrant? Mr. Reeves: It is within three hundred feet along University. F Mr. Cochran: I move we recommend approval of the exaction variances to Section 34-118, Section 34- 116(e), and Section 34-116(c) of the Code of Ordinances of the City of Denton. Ms. Schertz: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) 's s i Agenda No. Agenda Item p 0aIe111 rr CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: December 17, 1996 SUBJECT: Consider the following exaction variances for the revised preliminary plat of Spring Hill Estates: 1. Section 34.114(3) regarding road construction standards. 2. Section 34.114(17) regarding sidewalks along Interior streets. 3. Section 34.116(e) requiring adequate water capacity for fire protection purposes. 4. Section 34.116(c) requiring fire hydrants. 5. Section 34.124(e) regarding concrete channel lining. 6. Section 34.125(b) to allow for private streets. The subject property is in the Extraterritorial Jurisdiction (ETJ), consists of 110.284 acres, and is locaied on the south side of US 380, east of FM 156. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the variances as follows: 1. Section 34.114(3) regarding construction standards (5-0). 2. Section 34.114(17) regarding sidewalks along interior streets (5.0). 3. Section 34.116(e) requiring adequate water capacity for fire protection purposes (6-0). 4. Section 34.116(c) requldng fire hydrants (6.0). 5. Section 34.124(e) regarding concrete channel lining 6. Section 34.125(b) to allow for private streets (5-0). I SUMMARY: i See Planning and Zoning Commission Report. i BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. l- S {f3 f L Please advise if I can provide additional information Respectfully submitted: Ted Benavides City Manager Q:epared by: Walter E. Reeves, Jr., AICP Urban Planner Approved: Rick Sveh a Deputy City Manager Attachment #1: Planning and Zoning Commission Report. Attachment #2: Draft minutes of 12/11/96 P&Z meeting. O~, J F ATTACHMENTI PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission 1 Date: December 17, I W6 Subject: Exaction variances for Spring Hill Estates Recommendation The Planning and Zoning Commission recommends approval of the variances as follows: 1. Section 34-114(3) regarding construction standards (5-0). 2. Section 34-114(17) regarding sidewalks along interior streets (5-0). 3. Section 34-116(e) requiring adequate water capacity for fire protection purposes (6-0). 4. Section 34-116(c) requiring fire hydrants (6-0). 5. Section 34-124(e) regarding concrete channel lining (5.0). 6. Section 34-125(b) to allow for private streets (5-0). Background The owner of the proposed addition has applied for the following exaction variances to the Code of Ordinances of the City of Denton: 1. Section 34.114(3) regarding construction standards. 2. Section 34.114(17; regarding sidewalks along Interior streets. 3. Section 34-116(e) requiring adequate water capacity for firo protection purposes. A. Section 34-116(c) requiring fire hydrants. 5. Section 34.124(e) regarding concrete channel lining. 6. Section 34.125(b) to allow for private streets. These requests are based on the lack of a reasonable connection between the required improvements and the proposed development. These `exaction variances" would be recommended to the City Council if the Commission determines that: Where the oommisslon finds that the imposition of any development exaction pursuant to these regulallons exceeds any reasonable benefit to the property owner or Is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of varlances to waive such exactions, so as to prevent such excess, to the city council. Waiver of developmental exactions shall be approved by the city council. Variance of Section 34114(3) Section 34.114(3) requires a 24 foot wide road with 5 inch thick asphalt on a lime prepared subgrade. The applicant is proposing 24 foot wide streets with 2 inches of asphalt, 6 inches of crushed rock on a lime prepared subgrade. This section will be used on the interior streets only. The developer will be constructing Nail Road (the 3. } d f ATTACHMENTI perimeter street) in accordance with City standards. It should be noted that regardless of the outcome of the private street variance, paving requirements would be the same. The Commission is recommending approval of the variance as proposed by the applicant. The average lot in the subdivision has 225 feet of street frontage. It would cost roughly $13,000 per lot to construct a City standard street in front of each lot. The proposed street will cost approximately $11,500 per lot. The cost of constructing a street for an average City of Denton lot is $4,500 so the applicant's proposed variance would be proportionately more reasonable. Variances of Sections 34125(b) and 34114(17) Section 34-125(b) states that private roads are only permitted in Planned Development zoning districts. As this property is outside of the city limits where zoning is not required and the City has no plans of annexing the property, there is no mechanism to provide private roads outside of the city limits. Section 34-114(13) also requires the developer to provide the city with a copy of the subdivision's covenants and restrictions which will indemnify the city and provide for the maintenance of all privately maintained common areas. The Planning and Zoning Commission will review and approve that document. The applicant is proposing private roads and as of the time of preparation of this report, has not submitted any covenants or homeowner's association agreements for review and approval. The applicant does meet all other private road conditions which relate to through traffic, drainage, and access to a public road. This subdivision is being designed to be fully contained, meaning that all utilities, roads, and drainage facilities will be operated and maintained by private interests. The dedication of public streets, within the development, is not necessary due to the utilities and drainage being privately operated and maintained. In fact, the dedication of public right-of-way will make it much more difficult to operate the private water system being proposed. Under normal circumstances private utilities are not allowed in public easements or rights-of-way without a franchise agreement. In this case, the public right-of-way would not provide a benefit to the owners of the subdivision. In the event the private street variance is granted, the variance of Section 34.114(17! will not be necessary as sidewalks are not required along private streets. If the private street variance is not recommended, then this variance is necessary. With 225 of lot frontage, the cost of a standard sidewalk would be approximately $2,250 per lot compared to $900 per lot on an average City of Denton lot. Even in an SF-16 subdivision, the cost per lot would only average $1,400. In addition, the Council has already declined to annex this proposed subdivision, and no new annexation studies are currently proposed. i ATTACHMENT1 Variances of Sections 34.116(e) and 34-116(c) The applicant is proposing a private water system to provide water service to the lots in the development. Upgrading the pump to a size that could provide required capacity and flow would cost approximately $100,000. Additionally, there could be two other potential problems. Water quality could be affected because a larger storage tank would be necessary. As the water would remain longer in the tank, the possible of quality degradation increases. Also, since the pump would run only when there would be a fire, there is a real possibility that the pump would not work when needed. If the variance for water capacity for fire protection purposes Is approved, the variance for fire hydrants should also be approved as the cost of installing fire hydrants to under capacity lines would exceed any reasonable benefit to the property owner. Variance of Section 34-124(e) Section 34-124(e) requires that all drainage courses that are not associated with a flood plain be handled with underground pipe or a lined channel. The proposal is for two short sections of drainage channel at the west side of the subdivision that will drain the road side borrow ditches. The developer proposes 6 foot wide concrete pilot channel at the bottom of the channels as opposed to a full lining. It should be noted that K the private street variance is approved this variance Is not necessary as all drainage within the subdivision would be privately maintained. However, if that variance Is not granted, this variance is necessary. The required full lining would cost approximately $16,000. The recommended variance Is for a 6 foot wide concrete channel, which would cost approximately $5,500. Enclosures 1. Preliminary plat. s i L 2 ATTACHMENTI ENCLOSUREI N P ~yy{; ~ ~ X > b m N • v co~ m y ~ N ~ V ~ a h N \ J vl ova y WQr m n d L W O N a,U a W n m V m e N - i w f Q X< `w o = c m P P Q I~ N i in d a co J r- -1 w d c W U°NA r I~ .OJ . 0 4 . a G co oldo a Wm-^ CL ° ' c UJ X41 0 0° t]°a.n N 1 i 7r zo"V i oJ L i + ! 1 1~ 1 if >•wwHwr.o- ~ It 1 i fit I f r t ~ I I ti 1 t 1 +rfr Yn , . i• • ` ! ° 1 iit a1 If yy ` 1liIk lilll; ~ 6. ! ! ~ i I a~R.r9 ' ♦T M Y A f I r ti Y 1 y 11 IM I N irr+vNYe.4. / / Iwr 1 c,Y I'r y~ iYee1• w~'r _ I Y~~~~ 111M Y I IYM ~ M IN ~ wow" 4M ~ YY~.. wmvm l •i"YNYI f ,Yr1 •Y , NY'nhr.lY Yn NMwY rl rllrlw t.rr !'1 fir 1 1 , • I m f W i.enllYYY1 1 • . ; . i 1 w41 • 11 ' z / ` NYYI, M14.rM WrYeiwYYIYw1 ,rr 'NY 1 YYY KN Q r /QS/ I+'Y jl. 5F 1 N~w ul w 4 7 „ ' • , m~Y ~J / Of MIY + IMY , NY I ._w q,ql -RJIN I I N n f+ 4 IMY ,I \ F. rN'i 1 1 1 1 I e• 1 J J II • e N • / 1111 'rN yY YI I YY I1r ~~~y,~y Y IN M4 NY NY MY .11 ,I y Y Nh • % iLYiYif7-RTC - ULY ,MY ~ IYM V I IrnY..~ r i MY Ir.Y IMY, .IIY IMY IMYIYY IYIY I,I.I I.• • 11 • • • L~* ~Y Ynn,M \Y PRELIMINARY PLAT I I YYY .KrII. I, MY,YY ,Yh ~NY~ MY., ii w.~ of 110.284 Acres r / qy Y.r>'NVrr 1441e 71lw-. y SPRING HILL ESTATES 83 Lois in Six Blocks Uberio Allen Survey. Abst. 114, and the E. F. Anderson Survey, Abst. 1 16 Division One ETJ, Denton County, Texas Developer Prepared By: TRYON DEVELOPMENT BURKE ENGINEERING 800 Hudson Bay Court 1318 Auborn Drive Lerlsville, Texas 75057 Denton, Teeas 76201 10171361-7019 (8171 382- 494 8 11 Apr 9e Revs; 4/26/96; 9/)0/96; 5/17/96; x/7/96; 11/1096; x12719u 1 r P&Z Minutes December 11, 1446 ATTACF!MENT 2 Page ~ ~ G d~e XII. Spring Hill Estates. The 110.3 acre site is located on the south side of US 380, directly east of the AT&SF railroad tracks and FM 156. a. Consider the revised preliminary plat. Mr. Reeves: You approved a preliminary plat and general development plan of this property a few months ago. There is no need to revise the general development F'in because they are now preliminary platting I all of the property. There is a need for a revised preliminary plat because they have moved the location of the proposed water treatment plant and there is an easement that runs through the middle of the property that has also been adjusted. DRC recommends approval. Mr. Powell: I move we approve the revised preliminary plat of Spring Hill Estates. Ms. Ganzer: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) b. Consider exaction variances of Section 34-116(e) requiring adequate water capacity for fire protection purposes and 34-116(c) requiring fire hydrants. Mr. Reeves: There is a private water system being proposed for this property. To upgrade the pump that is being proposed with this system to a size that could provide adequate capacity would cost approximately one hundred thousand dollars. Additionally, there are two other potential problems associated with that, one is that the tank for the water, to hold the capacity necessary to provide fire protection would become larger and there is a potential for degradation of water quality since some of the water would sit in the tank longer than what would otherwise be expected. The second issue associated with this is that because the pump would only actually run when there was a fire there is some potential that the pump would not work when needed. In light of the cost to upgrade the pump, and the fau there is possible degradation of the water and a chance that the pump might not work when needed stiff is recommending approval of this exaction variance. The second variance for fire hydrants is related to the first. We are recommending approval of that variance also because the cost of installing fire hydrants to under capacity lines would exceed any reasonable benefit to the property owner. With that staff recommends approval of both exaction variances. Ms. Ganzer: I move we recommend approval of the exaction variances to Section 34-116(e) and Section 34-116(c) of the Code of Ordinances Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed saute sign. Approved. (6-0) e. Consider a variance of Section 34-125(b) concerning street access. d. Consider a variance of Section 34-124(e) concerning drainage design criteria. 7• t , P&Z Minutes December 11, 1996 J URA fiv Page 19 e. Consider a variance of Section 34-114(17) concerning sidewalks. f. Consider a variance of Section 34-114(3) concerning street design standards. Mr. Salmon: The first variance is the private road access variance. Our Subdivision Ordinance requires that all lots have access to a public road unless they are located in a PD zoning district. This is in the ETJ and the city has no intention of annexing this property. There is no mechanism in the ETJ to have private roads. The applicant is proposing a subdivision with private road facilities that would be maintained by a homeowner's association. Because this variance is not based on the shape of topography of the property it is an exaction variance. Staff is recommending approval of this variance. This subdivision is being packaged as a self contained subdivision. They are going to have their own private water system and private roads. Requiring 'em to have public roads would be a hinderance to the private water system because under normal circumstances you would not put privately maintained facilities in a public right-of- way. They would not be able to run their private water lines underneath the public streets. In this '.nstance I think public roads would be more of a hinderance to the subdivision. Mike Cochran left at 9:15 p.m. The second variance is for the drainage design criteria. As I have mentioned before, normally when we have a drainage course that is not associated with a floodplain the applicant would be required to either do a fully lined channel, or an underground pipe system. In this instance the applicant has proposed an alternative to the standard. What the developer is proposing is a pilot channel which is a somewhat less expensive but is more in keeping with the development. We would recommend that the channel be a minimum of ten feet wide which would make it easier to maintain as opposed to the proposed six feet. The applicant's proposal would cost approximately fifty-five hundred dollars and the staff s proposal would cost about eighty-five hundred dollars. The reason we are doing the drainage variance is simply because if the private street passes council then we don't have to look the drainage because it would all be private. We do have to took at it in the event that for some reason the Council decides not to approve the private street variance. It is the same thing for the sidewalk variance. Our ordinance would require that sidewalks be installed along both sides of all interior streets in the development. In this instance we are further than eight thousand feet from a City of Denton water line so there would be no requirement for perimeter sidewalks. Again if the private street variance passes then the Council won't have to consider this particular variance but we have to consider it at this level in the event that the first variance doesn't pass. The developer is not proposing any interior sidewalks based on the rural nature and the cost associated with them for such large lots. The sidewalks would cost about twenty-two hundred and fifty dollars per lot on the average. A normal city lot would have an expense of about nine hundred dollars for sidewalks. For an SF-16 lot it would cost about fourteen hundred dollars, so there really is quite a cost difference in what would be spent for sidewalks here. Staff recommends the sidewalk variance. The fourth variance has to do with street paving standards. This particular variance would be applicable regardless of the outcome of the private street issue. The standard requirement would be five inches of asphalt over a lime stabilized subgrade, The applicant has proposed to put in two i+;ches of asphalt over a six inches of crushed rock on a lime stabilized subgrade. There is very little cost difference in the two sections. The section proposed by the developer is slightly less expensive. It would cost approximately thirteen hundred dollars per lot to build the city required section. It would be about eleven hundred and five dollars per lot for what the developer has proposed. We would recommend that the developer's street f r Y P&Z Minutes ) It I December 11, 1496~JJ f y~ ~ Page 20 section be approved considering the expense involved and the large size of the lots that it would be appropriate. All four of these variances are exaction variances and you would be making a recommendation to the City Council. Mr. Powell: You are recommending the street? Mr. Salmon: That is correct. Mr. Powell: What about the drainage variance? Mr. Salmon: We are recommending that a variance be granted from the normal drainage requirements of a full lining or a pipe system to a ten foot pilot channel. Mr. Brian Burke: My name is Brian Burke, -18 Auburn Drive. The variance for those two channel lining only apply if the streets are not granted an exaction variance to be private by Council? So if the Council grants the private street then the drainage is a mute point? Mr. Salmon: Right. Mr. Powell: I just can't imagine why you don't want to go ten foot wide on the channel because to operate in there a six foot channel is not going to cut it hardly. Any machine that you can put in a six foot slot is going to be hard to work on the banks with. Mr. Burke: I think so to if you are trying to work the banks from the bottom. We are proposing four to one banks which are pretty flat and they are mowable with riding equipment and they are mowable with hand mowers. Six foot was enough to carry the water. This is in the ETJ and the city looked at annexation and declined. They are going to have everything maintained by the homeowners' association. This is real similar to a lot of systems in Texas. The water supply system was designed consistent with State of Texas regulations. It meets all of the state standards, TNRCC has approved the design. The distribution system meets City of Denton criteria so that if in the future the city goes out there annexes, connects the water distribution system in with the city system then it will be compatible. At that time fire hydrants could be installed but it is a problem now. In fact the standard practice throughout the state is that for TNRCC systems you don't provide fire protection. I didn't design that part of the system. 1 designed the pipes, but not the well. That was the reason for the fire hydrant variance. As far as the roads they just want private roads. The section that we are proposing is consistent with the better of the two Denton County standards. It will be in Denton County but we are not asking the County to maintain it. The developer is going to have the homeowners' association maintain everything. We are repaving Nail Road which is the entire east frontage of the property. Right down the center is the city limits and we are repaving the whole thing to the pcrimeter street paving standard required by the city. We are just outside the city limits. Mr. Powell: You are recommending two inches of asphalt'? I think rock over time stabilized subgrade is great, but two inches of asphalt. The first moving truck to conic in there on a hot day is going to wipe it clean. Mr, Burke: That is the better of the two county standards. Not every bit of that road is going to hold up as well as you would like. In my opinion it kind of a compromise. Problem areas will reveal themselves 9 T tt ' c 7&Z Minutes ,i v Page December 11, 1,096 as a result of traffic, bad soil underneath, bad drainage. You will find some areas that need patching sooner and more often than other areas. My experience has been with subdivisions in the county that have that type of road section, they give special attention to problem areas. It is a good start I think. Mr. Salmon: The reason that this subdivision will have private drainage if the streets go private is simply because all of the drainage that will be in the drainage system is generated within the development. There is no water coming into this subdivision from any adjoining property. Mr. Powell: Does this subdivision have to be approved by the County? ' Mr. Salmon: I believe so. Mr. Powell: I move that the exaction variance to Section 34-125(b) of the Cute of Ordinance be recommended for Spring Hill Estates to the City Council as the requirement for public streets would have no benefit to the city or the developer. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Powell: 1 move that the exaction variance to Section 34-124(e) of the Code of Ordinances concerning drainage criteria for Spring Hill Estates be recommended to the City Council as proposed by the developer. Mr. Jones: Second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Powell: I move that the exaction variance to Section 34-114(17) of the Code of Ordinances concerning sidewalks for Spring Hill Estates be recommended to the City Council as the cost associated with the sidewalks would far outweigh any benefit to the developer or potential residents of the subdivision. Mr.Moreno: Second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Powell: I move that the exaction variance to Section 34-114(3) of the Code of Ordinances for Spring Hill Estates, as proposed by the applicant, be recommended to the City Council. Ms. Ganzer: Second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) A A t r" fi DATE: DECEMBER l7, 1996 C ITY_COUNCILREPORT Agenda No. , TO: Mayor and Members of the City Council Agenda Item Date, 12_-1 r1- 9~~ FROM: Ted Benavides, City Manager SUBJECT: BID 111958 - AERIAL DEVICE (BUCKET TRUCK) AND UTILITY POWER SOURCE TRUCK RECOMM NDATIQN: We recommend this bid be awarded to the lowest bidder meeting specifications as listed below: Item 1 2 each Aerial Device (Bucket Truck) Truck cab chassis to Southwest Intl. at $32,250.00 Each Aerial device body to Altec Ind. at 550,241.00 Each Cost per Truck $82,491.00 Item 2 1 each Utility Power Source Truck Truck cab chassis to Southwest Intl. at 534,121.00 Each Compressor, generator & body to Southwest Intl. S38.02100-Each Cost per Truck $72,146.00 Total Bid Award $237,128.00 SUMMARY: This bid is for the purchase of three trucks to be assigned to the Electric Distribution Division. They are motor pool replacements for two bucket trucks purchased in 1987 and a power source truck that is a 1985 model. The old units are no longer economical to maintain and not dependable for their particular application. After the new trucks are placed in service the old units will be sold at public auction. The lowest overall acquisition cost for the two bucket trucks is a combination of the bids of Southwest International and Alice Industries. PHCJ4;RAMS DEPARTMENTSORGROUPSAFFECTED. Electric Distribution Division and Motor Pool Operations. FISCAL IMPACT; Funds to purchase these trucks will come from 1996197 budget funds and motor pool replacement funds. 1996197 Budget $159,757.00 Motor Pool Replacement S V,31100 $237,128.00 Attachment: Tabulation Sheet Respectfully submitted: ed Benavides City Manager Approved: _454 Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent MAMMA / 3 t iw r F ,BID A 1958 , LOWEST TRUCE: (SOUTHWEST LNT'L) BID NAME AERIAL DEVICE BUCKET IRK METRO COMMERCIAL SOUTIFNESF ALTEC i UTILITY POWER SOURCE IRK FORD BODY CORP INTL IND LOWEST BODY OPEN DATE NOVEMBER I9, 1996 TRK SALES (ALI EC IND.) N DESCRIPTION VENDOR VENDOR VENDOR VENDOR T- lI I. 2 41 Fr. AERIAL DEVICE I i TRUCK CHASSIS 532,275.00 132.250.00 NO BID ! 132150.00 AERIALDEVICE 135911.00 555932.001 150141.00' S30141_00 COMBINATION 588127.00 188380.001 588102.00' NO BID 582,491.00 2 1 UTILITY POWER SOURCE j TRUCK 534.525.00 134,121.001 NO BID _J UTILITY BODY 538.025.00 138,025.00! NO 819 COMBINATION 172950.00! 572,744.00 $72,146.00_ NO BID DELIVERY IWI75 DAYS 90.18D DAYS 1 4 S :.l i F ORDINANCE 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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER -iQ VENDOR AMIGUNT 1956 1&2 SOUTHWEST[NTERNATIONAL $136,646.00 1938 1 ALTEC IND. $100,492.00 SECTION-H. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION- ll. Tnat should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 { ti F C, i SE!MON IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTIMY. That this ordinance shall become effective immediately upon its passage and ' approval. PASSED AND APPROVED this day of 1996, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ SUPPLYDRD 2 F DATE: DECEMBER 17,1996 ~TX' CQUNCILREPORT Agenda No.~ TO: Mayor and Members of the City Council Agenda Item 11~ _ FROM: Teal Benavides, City Manager Date SUBJECT: BID -12 CHASSIS SSIS CUBIC YARD DUMP TRUCK AND 27,500 LB GVW TRUCK IIECQMME"ATIONs' We recommend this bid be awarded to the lowest bidders as listed: Item 1. 2 each 12 cu Yard dump trucks to Southwest International at $55,172 each Total for two $108,344.00. Item 2. !each 27,500 Lb GVIV truck chassis to Southwest International at $35,986.00 Total bid award $146,330.00 SUMMA": This bid is for the purchase of two (2) 12 cubic Maintenance and a 27,500 Lb GVW truck chassis for the Parks Maintenance dump trucks for the Drainage The two 12 yard dump trucks are fleet additions and the 27,500 Lb GVW chassis is a motor pool replacement. An existing 16' dumping flat bed will be mounted on the new chassis for the Parks Department. PROGRAMS-DEPARTMENTS OR_GRQUP"FECTED: Maintenance Division and Motor Pool Operations. Drainage Divisions, Parks I FLCAL-IMPACTs These trucks will be funded from 1996/97 Motor Pool budget funds, account #720-025-0584-9104, as approved in the budget process. Attachment: Tabulation Sheet Respectfully submitted: enavides @;e: City Manager Approved: N- t Tom D. Shaw, C.P.M. Title: Purchasing Agent 001.AOFnA 3 F F DATE: DECEMBER 17, 1996 Agenda No. 9/a -0y2_ CITY-COUNCIL REPORT Agenda Item /9 TO: Mayor and Members of the City Council Date _ ~2- ' /rl - rllo FROM: Ted Benavides, City Manager SUBJECT: BID #1959 -12 CUBIC YARD DUMP TRUCK AND 27,500 LB GVW TRUCK CHASSIS RECOMMENDATION: We recommend this bid be awarded to the lowest bidders as listed: Item 1. 2 each 12 cu yard dump trucks to Southwest International at $55,172 each Total for two $108,344.00. Item 2. 1 each 27,500 Lb GVW truck chassis to Southwest International at $35,986.00 Total bid award $146,330.00 SUMMARY: This bid is for the purchase of two (2) 12 cubic yard dump trucks for the Drainage Division and a 27,500 Lb GVW truck chassis for the Parks Maintenance Division. The two 12 yard dump trucks are fleet additions and the 27,500 Lb GVW chassis is a motor pool replacement. An existing 16' dumping flat bed will be mounted on the new chassis for the Parks Department. PR- Of:RAMC;-DEPARTMENTS_OR GROUPS-AFFECTED: Drainage Divisions, Parks Maintenance Division and Motor Pool Operations. FISCALIMPACT: These trucks will be funded from 1996197 Motor Pool budget funds, account #720-025-0584-9104, as approved in the budget process. Attachment: Tabulation Sheet Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent A01.AGENDA 3 It s !Yi F `B1D N 1954 'i BID NAME 12 CV DUMP TRUCK CLASSIC METRO NICHOLS ! SOUTHWEST MCCOMBS TRUCK CHASSIS CHEV FORD FORD' INTL FLEET OPEN DATE NOVEMBER 19,1996 i SERVICE 'N TY DESCRIPTION VENDOR~_ VENDOR VENDOR I VENDOR , VENDOR---. 1. 2 12 CUBIC YD TANDEM DEISEL DUMP TRUCK AND BODY I $64,784.00 5561995.00 _ 557,249.00 ! 555,173.00 $60,969.00 I 27,000 GVW CAB/CHASSIS 577,95200' 516,295.001 S36,OM.00 S35,986.00_ 538378,00 I STATE WARRANTY1 MINIMUM 68 MO ON ENGINE, TRANS 60 MOs 60 MOs 60 MOS 60 MOS 60 MOS AND DRIVE TRAIN. ITEM 1 k2 4 I STATE DELIVERY TIME OF COMPLETE UNIT: REM 1 75AODAVS 60.120 DAYS 10.16WKS 90180 DAYS 90-120 DA%S ITEM 2 E 75 DAYS 60.120 DAYS _i 1.12 WKS 90180 DAYS 75-110 DAVSS _ I I t ••OPTION AI OPTION #3 A. A. i I 555,665.001 358,468.00 i i B B j 557,240.00 S58S14,00 C 'i ' E 1 SS7,760.00 i • • SAM E CHASSIS W ITH DI FFE R ENT BED MANUFACTURES i I , 1 I i i i I I j I II 4 a r ~.ll } ORDINANCE 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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and i WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-I. That the numbered items in the following numbered bids for materials, equipment, supplies, )r services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as be':n;! the lowest responsible bids for such items: BID ITEM NUMBER lI0_ VENDOR AMOUNT 1959 ALL SOUTHWESTtNTERNATIONAL 5146,330.00 SECTION-11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terme. specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, SEOTIOXIII. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 ~I s E b rrt ars7 v f M SEMOI~U, V, That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTIONX. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1996 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SVPPLY.ORD 2 V r♦ DATE: DECEMBER 17, 1996 CITYCOUNMREPORT Agenda No.A-7A" TO: Mayor and Members of the City Council Agenda item Date 96 FROM: Ted Benavides, City Manager SUBJECT: BID #1960 - LOADERBACKHOES AND SKID STEER LOADER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification as follows: Item 1. 3 each LoaderBackhoes to G & G Tractor at $41,342.00 each Item 2. 1 each Hydraulic tool circuit for (1) of the above to G & G Tractor at $1,623.00 Item 3. 1 each Skid steer loader to G & G Tractor at $21,675.00 Total bid award $147,324.00 SUMMARY: This bid is for the purchase of three Loader/Backhoes; one with a hydraulic tool circuit at the top of the boom and one skid steer loader. Two loader/backhoes are for the Public Works Department and one is for the Electric Distribution Division. The skid steer loader is for the Public Works Department also. All four units are motor pool replacements for older units no longer economical to maintain. The lower price offered by Hall Equipment fails to meet specification for reach at full height by 11.25 inches. Since the unit is used to load 12 yd dump trucks this reach dimension is critical. PRQGRAMS.DEPARTMEIYTS~R_GROUPB.AFFECTED. Public Works Division, Electric Distribution Division and Motor Pool Operations. FISCALIMPACT. These units will be funded from 1996/97 Motor Pool funds, account #720-025- 0584-9104. Attachment: Tabulation Sheet Respectfully submitted: Ted Benavides City Manager Ap roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent e02.AGENDA 3 / f} V f kl BID 0 1960 BID NAME LOADER/BACKHOE TRACTOR RDO FUTURE DALLAS MCMASTER HALL G & G & SKID STEER LOADER EQUPT CO EQUPT FORD FORD EQUPT TRACTOR OPEN DATE NOVEMBER 19,19% NEW TRACTOR CO HOLLAND CO DENTON_ DESCRIPTION VENDOR VENDOR VENDOR VENDOR- VENDOR VENDOR I 3 EA LOADEWBACKHOE, 65 HP _ CLASS,14' DIGGING DEPTH _ 545,379.90 $45,840.00 $42,661.00 542,835.00 _ NO BID _$41,342_00 2. I EA OPTIONAL EQUIPMENT: HYDRAULIC TOOL CIRCUIT OUTLET AT END OF BOOM S1,600.00 $1,850.00 $1,530.00 S1,650.00 NO BID 33,623.00 3. I EA SKID STEER LOADER $26,072.51 NO BID S21,"4.00 $22,636.00 _ ____S20,132.00 - _ $21,675.00 NO BID ZIMMERER KUBOTO DARR EQUPT CO. a CLEMONSTRACTORS s 9 F ORDINANCE 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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER Na YENDOR AMOUNT 1960 ALL 0 & O TRACTOR 5147,324.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECI1OMM. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 3. F W t' SECTION-1Y. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V• That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD 2 f DATE: DECEMBER 17, 1996 Q Agenda No -01 CITY COUNCIL REPORT Agenda Item 4L TO: Mayor and Members of the City Council Uate1Z'~`~' g~- FROM: Ted Benavides, City Manager SUBJECT: BID #1962 - CIRCUIT BREAKER REPLACEMENT RECDMMENDAnGN: We recommend this bid be awarded to the lowest bidder, Powell Industries Inc., in the total amount of $53,600.00. SUMMARY: This bid is for the purchase of four 15 KV vacuum circuit breakers for the Locust Substation. These breakers will replace air circuit breakers which contain asbestos in the arc-chutes. The new vacuum breakers will maintain system reliability, and improve operating personnel safety. Three bid proposals were received in response to seven bid packages mailed to vendors. PROGRAMS,~EP RTMENTS ORSRQUPS~FFECTM- Electric Substations, Electric Utilities, Electric Customers of the City of Denton. FLSCALIMPACT. Capital Improvements Project Budgeted for 1997, account #610-132-1032- 9217. Attachments: Memorandum from Ray Wells dated 11-13-96 PUB Minutes recommending approval Tabulation Sheet Respectfully submitted: Ted Benavides City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: K' Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 799.AOENDA 3 ^Y R. 1 i M E M O R A N D U M TO: TOM SHAW, PURCHASING MINT THRU: Ray D. Wells, Superintendent Substations/Metering/Communications FROMt Daniel Scott, Foreman, Substations/Fiber Optic DATES November 13, 1996 SUBJECT: CIRCUIT BREAKERS 15KV HID # 1962 sssressrssarrsrsssss:ssssssssassessssssessssrsarrassssssssssssrs After evaluating the bids for the (4) 15Kv circuit breakers we recommend award of bid to Powell Industries Inc., for the PowlVac Vacuum circuit breakers. Powell Industries Inc. is low bid meeting specifications. Powell Industries Inc. will be able to deliver the breakers in 30 weeks. I recommend that we award the bid to Powell Industries Inc., at the price of $14,000. less credit of old breaker of $600.00 per breaker for a total cost of $53,600. Respondents were as follows: Powell Industries Inc. $13,400 ea / $53,600 No cell modification required, No adder. Pacific Breaker $13,050 ea / $53,950 $13,050 per breaker plus $1,750 adder for existing cells modification. Precision Power Group $15,900 ea / $68,600 $15,900 per breaker plus $5,000 adder for existing cells modification 4 z. S f `'e h 1. FROMt DENTON UTIL ADMI FAX NO.$ 9173668128 12-92-96 94147P P.91 PUBLIC UTILITIES BOARD UNOFFICIAL MINUTES EXCERPT November 20, 1996 9. CONSIDER APPROVAL OF AWARD OF BID 111962, 1SKV CIRCUIT BREAKERS TO POWELL INDUSTRIES INC.9 FOR SS39600 Mr. Wells presented this item. W. Norton made a motion to approve this item as presented. Mr. Giese seconded the motion. All ayes, no days, motion approved. 5 3 1'9Y $:'1 fYy E it Y BID M 1962 , - BID NAME CIRCUIT BREAKER POWELL PACIFIC PRECISION' REPLACEMENT INDUSTRIES ' BREAKER POWER 'OPEN DATE NOVEMBER 5,1996 INC. CROUP i ,0 QTY DESCRIPTION VENDOR VENDOR VENDOR 1. 4 EA ' VACUUM ROLL-IN IS KV CIRCUIT BREAKERS 150-DH-P-500 INSTALLED. $14,000.00 $13,050.00 - SI51900.00 L v j CUTLER HAMMER MANUFACTURED POWELL WESTINGHOUSE - WESTINGHOUSE MODEL # 15PVDHP- I 150DHP-VR500 - - 500-1200A 1200A - - IA3381G i j DELIVERY: IO WKS 8-10 WKS 12 WKS I ~ ~I II ~ I ~ i i ~ i f 6 t; ti ORDINANCE 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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has prov;ded in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1962 ALL POWELL INDUSTRIES INC. S53,600.00 SECTIONII. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms. specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECIMNIII. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 5. f r SECTIONJV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as ; authorized herein. SECTION-V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD 2 k F IG, DATE: DECEMBER 17, 1996 CITY-COUNCILREPORT Agenda No.2v_ -D 9 Agenda Ilem_L.3 TO: Mayor and Members of the City Council Oa'e-~.2 7' 9(0 FROM: Ted Benavides, City Manager SUBJECT: PURCHASE ORDER #71976 - ABLE SHEET METAL AND AIR CONDITIONING REC A-M1'is We recommend this emergency purchase order to Able Sheet Metal and Air Conditioning be approved in the amount of S 19,500.00. SUMMARY: Purchase Order 471976 is for the removal and replacement of a 25 ton roof top mounted air conditioning unit at the Emily Fowler Public Library. The second of two compressors on the unit failed Wednesday morning, December 10, 1996. The units are obsolete and the non availability of parts requires a complete replacement. RTU #2, as the unit is designated, was scheduled for replacement later this year, however, the warm weather in December caused it to fail sooner than expected. Due to the effect on library operations of the loss of air conditioning, the replacement was declared an emergency and therefore exempt from the bid process. (Texas Local Govt. Code Chapter 252). PRGGRAMS.DEPARTMENTS-OR.GROURSAFTECTED; Facilities Management Division, Library Operations, and patrons of the Emily Fowler Public Library. Frs -AI. IWACM Funds for this air conditioner replacement project will come from 1996/97 budget funds. Account # 457-032-BLDG-9708-9101. Attachments: Purchase Order #71976 4 Respectfully submitted: Ted Benavides Approved: City Manager Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 812.ACENDA 3 ya Y PURCHASE ORDER NO: 71976 THIS IS A this nurnbor must appear on all CONFIRMING ORDER invoices, delivery slips, cases, OF MARKED) ctns.. boxes, packing slips and bins. DO NOT DUPLICATE Req No: Bid Na Date: 12-12-96 Page No. • PURCHASING DNISION Y901 01B DEN SONf IDENTON,SEXAS 76201-4354 ` 8171383-7100 D/FW METRO 817/267-0042 FAX 8171383-7302 VENDOR ! NAME/ ABLE SHEET METAL AND AIR CONDITIONING DELIVERY CONFIRMATION ONLY ADDRESS P.O. BOX 50297 ADDRESS FACILITY MANAGEMENT 604 E. MCKINNEY DENTON, TEXAS 76206 DENTONr TEXAS 76201 VENDOR NO. ABL52500 DELIVERY QUOTED FOB DESTINATION BUYER TS TERMS Y nfN. 01 1 EA VENDOR CAT. R N/A MFG NAME $19,500.00 $19,500.00 CITY A 91036 REMOVE AND REPLACE 25 TON ROOF TOP MOUNTED AIR CONDITIONING UNIT AT EMILY FOWLER PUBLIC LIBRARY v PAGE TALs $19,500.00 GRAND T TALs $19,500.00 01 457 032 BLDG 9708 9101 19,500.00 1lENDOR INSTRUCTKINS' 1 3. Terms - Net 30 ~••••u••• w•+n.et 1. Sent VIOW WDIC41 with 600" on. 1. Shipping instructions FA.B. Destination prepaid i gas, ,n,,,;n n,r&,di 2. Sig to , Accowu Payable i 5. No federal or state sales ux shell be included 215 C McKIWY $t i in prices billed. casing rvision wo^ TX 1i201~1349 VENDOR-ORIGINAL I F ORDINANCE NO. 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 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 or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECI1ON1. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 71976 ABLE SHEET METAL AND $19,500.00 AIR CONDITIONING SECTLOXII. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the 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. 13. SECTION-111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2. s DATE: DECEMBER 17,1996 CITY-COUNCIL REP.ORT Agenda No. 9G -DS~9 _ Agenda Item TO: Mayor and Members of the City Council Date FROM: Ted Benavides, City Manager SUBJECT: CHECK REQUEST TO UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD) RECQIIMENDATiON. We recommend that the check request to Upper Trinity Regional Water District (UTRWD) be approved in the amount of $27,790.28. MIMARY. This check request is fir payment to Upper Trinity Regional Water District (UTRWD). This payment is for the reimbursement cost for the Design and Construction of the Joint Treated Water Pipeline along South Teasley Lane in accordance with the Contract between City of Denton and Upper Trinity Regional Water District (UTRWD). The total amount is $27,790.28. BACKGROUND. Check Request to Upper Trinity Regional Water District (UTRWD), Invoice from Upper Trinity River Water District (UTRWD) dated 7-9-96. PROGRAMS, DEPARTMENTS OR_GRO1IpSAF'FECTED; Denton Municipal Utilities and Upper Trinity Regional Water District (UTRWD). FTS.CALlNWACT. Funds to pay Upper Trinity Regional Water District (UTRWD) will come from the following Utility Department revenue bond account: 661-08I-RB88-R609.9138 $27,790.28 Respectfully submitted: Ted Benavides City Manager Approved: . Name: Tom D. Shaw, C. P.M. Title: Purchasing Agent 798.AGENDA 2 / ti E Cl. Y':. ` ^ : : `CHECK REQUISITION-VOUCHER 96 0 C -2 V:j - PAY TO: Upper Trini* R inn,al CHECK NUMBER Y-_€5 Wtr Dist. $27,790.28 396 W. AMOUNT Water Distribution P.O. Drawer-305 DEPARTMENT 11/25/96 Lewisville. TX 75067 DATE INVOICE, NMKBZR AND/OR SEPL&nTION ACCT. NO. NET INV. AMT. Invoice No. 2CBRI19607 661-081-RB88-R609-9138 $27,790,28 Debt Service: F Semiannual Billing Statement for Reimbursement of Costs for Design and construction of Joint Treated Water Pipeline. • TOTAL $27r790.28 THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLINN E R N D ACCOUNTING APPROVAL PEE CIT Y MANAGER APPROVAL DIRECTOR OF FINANCE APPROVAL 3 z. i Z ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR REIMBURSEMENT OF COST FOR DESIGN AND CONSTRUCTION OF JOINT TREATED WATER PIPELINE ALONG SOUTH TEASLEY LANE TO UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contractual agreements with Upper Trinity Regional Water District (UTRWD), the City of Denton is required to the pay semi-annual fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of semi-annual fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-L That the expenditure of funds in the amount of S27,790.28 to be paid to Upper Trinity Regional Water District (UTRWD), is hereby authorized. SECTIONIL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: M. OPM 1 3. s A F DATE: DECEMBER 17,1996 No. CITY-COUNCIL-REPORT Agenda Agenda Item Date -/~f-9~.__ TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID # 1981- SELF SUFFICIENCY PROGRAM RECOAIMMATLON: We recommend this bid be awarded to the single respondent, HOPE Inc., in the amount of $30,000.00. SI tMMARY: This bid is for providing services to homeless and potentially homeless in Denton who can help themselves, and desire to do so toward establishing and maintaining self-reliance and toward becoming reintegrated as productive members of the community. Services include providing crisis management, verification and assistance with application to the Housing Authority for homeless or involuntary displaced persons, coordinate services for the entire family, and assist in budget planning goal setting and job search. PgOfOgOIS.DEpARTMENIS ORGROURSAFFECTED: HOPE Inc., CDBG Division, and Citizens of Denton utilizing the program. FISCAL IMPACT: General Fund monies have been appropriated for this program. Account 41 DO- 051-05]M-8967. Respectfully submitted: ed Senavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent e09.AOENDA 3 N Y a f• j DATE: 12.17-96 CITY OUNCII, REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJ: Approve ordinance authorizing the City Manager to sign a contract between the City of Denton and HOPE, Inc. RECOMMENDATION: Community Development Staff recommends approval. SUMMARY: The approved Human Services budget specified the use of $25,000 (CDBG) and $5,000 (general fund) to provide a self sufficiency program (Bid # 1981). The lowest responsive and responsible bidder is: HOPE, Inc. (Bid # 1981). BACKGROUND: The Human Services Committee recommended CDBG funding in the amount of $186,000 for the 1996-97 Human Services Budget. In September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with the awards going t+, the lowest responsive and responsible bidders. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Beneficiaries of human service programs Local Human Services Agencies Human Services Committee Community Development Staff FISCAL _IMPACT: The 1996-1997 Budget includes the Human Services budget allocation. E 4} r„ 5 Respectfully submitted: Ted Benavides City Manager Prepared by: , Derrick Collins Human Services Coordinator APP Oa 9=11 ~14& Rick Svehla Deputy City Manager 3• r i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR• THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID MUMMER CONTRACTOR AMOUNT 1981 HOPE, INC. $ 30,000.00 SF.CTION_II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION-M. 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. 1 s Y . , ti 11'1 SECnONLV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ ,1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:__ _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2 t 0 8:\MPD0CS\K\H0P6 1996 - 1997 AMEMMUT BETWEEN THE CITY OF DENTON AND HOPE, INC. This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Hope, Inc., 1213 N. Elm, Denton, Texas 76201, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adapted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to the homeless families; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this contract and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter described. 1. TERM This Contract shall commence on or as of October 1, 1996, and shall terminate on September 30, 1997. Ii. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, described in the work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR'S representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this contract. .'I F III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $30,000.00. I 8. Keasure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, sub- ject to the limitations and provisions set forth in this Section and Section VII of this Contract. (1) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; or (d) has not been billed to CITY within thirty (30) calendar days following billing to CON- TRACTOR, or termination of the Contract, whichever date is earlier. (2) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (3) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. PAGE 2 7• a A . i IV. COMPLIANCE WITH STATE and LOCAL LAWS CONTRACTOR shall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Denton in the performance of this contract. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal. authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- pended or terminated this Contract for the reasons enumerated in this Section. D. CON71ACMR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. VI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work statement, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Contract. I PAGE 3 g 7 6 ~F 1 c A No modifications or alterations may be made in the Work State- ment without the prior written approval of the City's Community Development Administrator. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $30,000 for services rendered under this Contract. CITY will pay these funds on a reim- bursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. Those CONTRACTORS who fail to request reimbursement on a timely basis, may jeopardize present or future funding. B, Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR: or (2) has not been spent strictly in accordance with the terms of this Contract; or (3) 'is not supported by adequate documentation to fully justify the expenditure, C. Deobligation of Funds. In the event that actual expendi- tures deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. D. Contract Close Out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure re- port, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, within ten (10) working days following the close of the Contract period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. VIII. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly PAGE 4 V 1 reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR related to the program described in Exhibit A. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. P. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. Ix. COVMUJTTs During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director of Planning and Development or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mort- gages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- formance of this Contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. PAGE 5 ~O. F (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Com- munity Development Office. X. ALLOWABLZ COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Contract and in conformance with the standards and provisions set forth in Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval of the expenditure of funds, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be con- sidered allowable coats: (i) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con- ducted. (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costa or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR'a responsibility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY PAGE 6 Y 1. prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. XI. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit 8, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CO:.MCTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any a.;- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. 8. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XII. REPORTS AND INFORMATION At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered bf this Contract. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. PAGE 7 IZ 0 P The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. ZIII. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR'S performance under this Contract. I B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the dev(elcpment, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. S. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. P. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) gorking days of receipt by CONTRAC- TOR. XIV. DIRECTORS' MEETINGS During the term of this Contract, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. PAGE: 8 15. S r XV. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this contract. B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. [Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XVI. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the PAGE 9 s L .s . F . 1 knon-discrimination requirements, City may cancel or terminate the Contract in whole or in part, and CONTRACTOR may be barred. from further contracts with CITY. XviI. PERSONNEL POLICIES CONTRACTOR shall establish and maintain personnel policies which shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, pro- f cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XVIII. counrcT or INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. XIX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate farxily of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of Immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, PAGE 10 R "Y f' in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. EE. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY ea.ch time CONTRACTOR is preparing or submitting any application for funding for the program described in Exhibit B in accordance with the following procedures: A. When the application is in the planning stages, CON- TRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. ZZI. CHANGES AND AMMUMC S A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among ap- proved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this contract. C. CONTRACTOR will submit revised budget and program in- formation whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modi- fications are to be automatically incorporated into this Contract PAGE 11 16 a r without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Con- tract, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additione to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. a. ^.ONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXII. SUMNSION or 1MrM Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been sat- isfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section XXIII may be effectu- ated. X%III. TERMINATION A. CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXII. PAGE 12 ti t a i (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR; (a) is in such unaatisfactory financial condition as to endanger performance under this Contract: (b) has allocated inventory to this Contract substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Contract in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section We and Section XXI (D), of this contract. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract. I CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this Contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. in no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined PAGE 13 / p b S in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR'S organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. B. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. XXXV. NOTIFICATION OF ACTION BROQGaT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXV. INDRNHIFICATION is expres sly hereto.thattCITY Is contractingrwith dCONand agreed b both TRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demands, PAGE 14 /9. r r' damages, losses, attorneys fees, .expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. XXVI. CONFLICT OF INTER88T A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. 8. CONTRACTOR further covenants that no member of its governing body or it staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No e i in the review or ts governing body who mex xeercises any function ors reand no member of sponsibilities approval Contract shall (1) participate in any decision relating tout of o the Contract which affects his personal interest or the interest in any inddirectiinterest, or (2) have any interests, dwhich irect h or ksindirect, in this Contract or the proceeds thereof. Xxvri. MISC=LLAHROVS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, 3r any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. B If illegal, or unenforceable,sthof this Cntract is e remaini g provisions dshalleremainlin full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this PAGE 15 ao a F provision. D. This contract, together with referenced exhibits and attachmento, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understandinq, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Contract. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communica- tions and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set for below: T CITY= To CONTRACTOR- City Manager Director City of Denton HOPE, Inc. 215 E. McKinney St. 1213 N. Elm Denton, Texas 76201 Denton, Texas 76201 0. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Contract has been executed on this the day of 1996 CITY OF DENTON BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 16 402/. 5 1 _a vrl .i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Wyk /W PZZ If HOPE, INC. BY: BARBARA ATKINS ATTEST: SECRETARY i PAGE 17 ~2 3 3 'r C EXHIBIT "A" WORK STATEMENT HOPE, INC. TRANSITIONAL HOUSING PROGRAM The purpose of the project is to assist families who are documented under HUD guidelines as homeless, toward establishing and maintaining self-sufficiency. The funding requested would provide rent and utility assistance, and limited other financial aid, as determined by the needs of the transitional housing families. The transitional housing program would maintain up to five families at a time, and rent and utility assistance would be for a period of 12 to 24 months. HOPE, Inc. will assist the transitional housing families with assessment of educational or vocational skills and training, with budget skills, with job search skills, and with counseling or other social services. HOPE will also monitor on a weekly basis records of expenses incurred, receipts, and proof of family income. It is anticipated that client families who are in the transitional housing program will be able, after the one or two year assistance period, to improve their situation enough to be able to afford decent, safe, and sanitary housing without the need for rental assistance and continuing emergency aide from Denton agencies. 30-90 DAY CLIENT ASSISTANCE PROGRAM The program provides assistance to families who are homeless or potentially homeless, and who have the desire and ability to establish self-reliance. The funding requested would provide rent, utilities, and food to client families for a period of 30-90 days. The case manager from HOPE, Inc. will meet with client families on a weekly basis to assist with defining goals, budget skills, assessment of job skills and educational needs, and community referral. HOPE will monitor expenses, receipts, income, and attempts to move toward stated goals. It is anticipated that client families will be able to move into permanent housing and to have the ability, after program assistance, to maintain permanent housing. a3. i F (1 EXHIBIT "B" HOPE, INC. PROJECT BUDGET Transition Housing program Personal Costs, Client Services: $ 25,000.00 Case management up to 20 hours per week Rent, Utilities, and other Financial Aid 30-90 Day Client AseLet n=-?xDgram Support of Client Families, 3u-90 Days: $5oODD.00 Rent, Utilities, and other Financial Aid TOTAL $30,000.00 30-90 Day Client A9sie1,ance Pr grAM Support of Client Families, 30-90 Days: 51000.00 Rent, Utilities, Food TOTAL $ 5,000.00 oz +;jenda No, . Agenda Item 15-z / Oate__/R -/'7- 9~ DENTON TEXAS 1`00W STOAK SUITE20a DENTOIV, TFxas701 • (Br7)383)726 , FAX(817J383.2445 Community DeLvIopnie)tt of cc MEMORANDUM TO: Mayor and Members of the City Council FROM: Barbara Ross, Community Development DATE: December 11,1996 SUBJECT: Agency Bids and Contracts on December 17 City Council Agenda It was determined this year that seven of the human services agency contracts would require competitive bidding. Agency bids were due to Purchasing on December 10. The competitive process has lengthened the contract development and approval phase for these agencies, In an attempt to speed up the process and make 1997 fiscal year funding available to our service I providers, Community Development staff is requesting that City Council approve both the agency bids and contracts on December 17. We realize that this is a departure from standard procedures and apologize for any inconvenience this request may cause. This action will allow us to process funding requests for the months of October and November after receipt of appropriate documentation from the agencies. Please call me at 383-7235 if you have any questions or need additional information. Thank you. Barbara Ross "Dedicated to Quality Service" } G t f DATE: DECEMBER 17,1996 Agenda No. 96 - Ogg_ - CITY-COUNCILREPORT Agenda Item AG TO: Mayor and Members of the City Council Data FROM: Ted Benavides, City Manager SUBJECT: BID €11983-PRENATAL PROGRAM FOR LOW INCOME WOMEN RECOMMENDATION: We recommend this bid be awarded to the single respondent, Family Health Care Inc., in the amount of 535,000.00. SUMMARY: This bid is to provide prenatal, psychosocial and educational services to pregnant low- income women. Services include patient examinations, arrangement for lab work, medically necessary sonograms and other required diagnostic, case management, as well as childbirth and pr4enting education. PROGRAMS,DEPARTMENTS_OR_GROLPSAFYECTED. Family Health Care Inc., CDBG Division, and Citizens utilizing the program. FIKALIMPACT: General Fund mar' :s',ave been appropriated for program. Account #100-051- 051m-8502. Respectfully submitted: ed Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent e11.AQENDA 3 r b `e F 'r. DATE: 12-17-96 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBP Approve ordinance authorizing the City Manager to sign a contract between the City of Denton and Family Health Care, Inc (formerly known as North Texas Community Clinics). RECOMMENDATION: Community Development Staff recommends approval. SUMMARY: The approved Human Services budget specified the use of $35,000 (CDBG) to provide a prenatal program for low income women (Bid # 1983). The lowest responsive and responsible bidder is: Family Health Care, Inc, (Bid # 1983), BACKGROUND: The Human Services Committee recommended CDBG funding in the amount of $186,000 for the 1996-97 Hunan Services Budget. In September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with the awards going to the lowest responsive and responsible bidders. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Beneficiaries of human service programs Local Human Services Agencies Human Services Committee Community Development Staff FISCAL IMPACT: The 1996-1997 Budget includes the Human Services budget allocation. z f d r[VV Respectfully submitted: Ted Benavides City Manager Pre~wed by: J`i J Derrick Collins Human Services Coordinator Appro % , , Rick Svehla Deputy City Manager 4 t F i ORDINANCENO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1983 FAMILY HEALTH CARE INC. $35,000.00 SECTION-II. That the acceptance and approval of the above competitive bi4 , shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 111. 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. 1 k F Y SECTIOXIV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION-V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:. 2 a K 1%\MPD0CS\K\FMGKLkLT.K 1996 - 1997 ' AGREEMENT BETWEEN THE CITY OF DENTON AND FAMILY 03ALTH CARE, INCORPORATED This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Family Health Care, incorporated, 121 Piner Street, P.O. Box 2780, Denton, Texas 76202, a Texan non-profit corporation, hereinafter referred to as CONTRACTOR. iTHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the Denton County Prenatal Clinic; and WHEREAS, CITY has designated the Community Development office as the division responsible for the administration of this Agree- ment and all matters pertaining theretol and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. i. TERM This Agreement shall commence on or as of October 1, 1996, and shall terminate on September 30, 1997. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TOR'S representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agree- ment. ~O III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other obrovision of thment, the al of al paents and ligations m eeorgincurred by CITYthere nderlshall not exceedtthe sum of $35,000.00. B. Measure o_ Liability. In consideration of full and satis- factory services and activities hereunder by CONTRACTOR, CI1Y shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this Agreement. (1) The parties expressly understand and agree that CITY's obligations under this section are contingent upon receipt of adequate Community Development Block Grant (CDBO) funds to meet CITYfs liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Agreement, including hll exhibits attached hereto; (d) has not been billed to CITY within ninety (90) calendar days following billing to CONTRAC- TOR, or termination of the Agreement, whichever date is earlier; or Page 2 r (e) is not an allowable cost as defined by Section XI of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion there- of which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agree- ment to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. I CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the office of W-nagement and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute Page 3 S r G this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. VI. PRRSORIIANC3 BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Work State- ment without the prior written approval of the City's Community Development Administrator. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $35,000 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACT01 within twenty days after CITY has received supporting documentation. CONTRACTOR'S failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of paying the salary and benefits for a nurse-midwife as shown in the Budget, Exhibit B. B. Excess Payment. CONTRACTOR shall refund to CITY xithin ten (10) working days of CITY's request, any sum of mo:,ey which has Page 4 i d 1 f been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRA('.TOR; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. All disallowed salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Dentonj (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D. Deobtigation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. B. Contract Close Out, CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. COWZRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. viii. WARRANTINS CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without Page 5 u written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are threatened against CONTRACTOR, presently pending or D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR. B. CONTRACTOR has the power to enter into thi-• Ngreement and accept payments hereunder, and has taken all nece?a.;,ry action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVSKRWS A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer t be encumbered, any of the assets of CONTRACTOR now owned o r hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are al.Located to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its Page 6 a f i assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. S. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in 524 CFR 570 until August 31, 2006. • (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 20061 CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBO funds for acquisition of, or improvement to, the property. its employees to agrees, upon written request by CITY, to reire Community Development Office. Y. ALLOWABLS COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. constitute prior witten approval, even s though Exhibit B, oes not appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: Encumbrane or exenditure of durin budget as one month period in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel. Page 7 ~Z L r (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. ai. PROGM INCOUX A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to, income fzom interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescrited by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision. These fees or other program income will be deducted from the regular reimbursement request. C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for Page 8 ~3. the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. XII. mAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. i B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIII. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement. Page 9 f F Unless a written exemt has been ranted by the CONTRACTOR shall submit an auditnconducted by indepen dent examiners with ten (10) days after receipt of such. XIV. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR'S performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the work Statement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. B. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XV. DIRECTORS' MEETINGS During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. XvI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. Page 10 5 P B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. i C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files, E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR, F. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. mr. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. Page 11 , T XVIII. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XIX. CONFLICT OF INTMST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has 1 family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wi.fe,hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XXI. POLITICAL OR SECTARIAN ACTIVITY Page 12 r 1 v t F A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. XXII. PUBLICITY A. Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement, in any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton having made the project possible. B. All published material and written reports submitted under this ro ect must be originally P j developed material unless otherwise specifically provided in this Agreement. when material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: Page 13 / i A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being aoplied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV. CRANGS8 AND AItINDNMiTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit a without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obliga- tion of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. 'CONTRACT'OR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B, D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior Page 14 ~9. r Q t F written approval of CITY. 0. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SVSHSNSION OF /VNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. XYVI. TERXINATION A. CITY may terminate this Agreement with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; Page 15 20 , a (b) has allocated inventory to this Agreement substan- tially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR, (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Agreement. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred Page 16 Z~, V S r after the termination date. E. Notwithstanding any exercise termi nation, suspensionto CITY for damage CONTRA a ned hall Tnotfbe trelieved of breach of the Agreement by CONTRACTOR, and by CITY CITY may virtue of any reimbursement to CONTRACTOR until such time as the exacttamount aof damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. XNOTIFICATIONO ACTION BROUGBT In the event that any claim, demand, suit or other action is made or brought by any person (s) , firm co against CONTRACTOR, CONTRACTOR shall give writtenonoticetthereofito CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, other action; the names and addresses f the demand, suit or erson(s), firm, corporation or other entity making such colaim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXVXXI. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as sus independent contractor and that as such, CO its officers, agents and NTRACTOR shall save and hold CITY, any office or find, Including ployees harmless and all liability of of, any claims, audit exceptions, dpeases fors or on account har r- character whatsoever resulting emends, suits or dame a or omission an in whole or in p gAe of e CONTRACTOR. Y employes, agent orrt lrom t he per_ epreseahative of B. CONTRACTOR agrees to provide the defense for, and to indem- nify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, attorneys fees, expenses, and liability arising soutaofgthe use of these contrached funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors, XXIX. NISCBLLANBOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. Page 17 2 Z . r 1 7 F i' B. If any provision of this Agreement is held to be invalid, fullgforce and eff ectle the continues to pconformnto tithe oremain in intent of both parties hereto. riginal C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, ower, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever] nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimate- { ly responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TD-S.: MO CONT CM9. City Manager Director City of Denton Family Health Care, 215 E. McKinney St. Incorporated Denton, Texas 76201 P.O. Box 2780 Denton, Texas 76202 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of 1996. Page 18 2 3. 3 a x 4 CITY OF DENTON BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. FAMILY HEALTH CARE, INCORPORATED BY: EXECUTIVE DIRECTOR ATTEST: BOARD SECRETARY Page 19 Z `f , S t. . r., EXHIBIT "A" WORK STATEMENT FAMILY HEALTH CARE, INCORPORATED PRENATAL CLINIC FOR DENTON COUNTY A. Description of services to be performed: CONTRACTOR will perform services described below in conformance with the attached schedule and budget: CONTRACTOR will operate a prenatal program at the Prenatal Clinic for Denton County according to existing legal and medical regulations, CONTRACTOR will provide services to patients on weekdays for a period to include, at a minimum, the hours from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. on Monday, Tuesday, Thursday, and Friday, and 9:00 a.m. to noon and 1:00 p.m. to 8:00 p.m. on Wednesday except on holidays or when patients cannot be seen due to special circumstances. Services are provided by appointment only, duting or after normal office hours, or in scheduled classes. The clinic will be open to patients at other times as needs dictate. Patiennts who require services the clinic cannot provide will be referred to other qualified medical care providers. CONTRACTOR will continue to employ a woman's health care provider on a full time basis who will be subject to the benefits, working hours, and other rules of the Community Clinics for Denton County. These employees shall provide prenatal care to patients. CONTRACTOR will maintain a waiting list for those individuals who apply for care at the clinic. As all prenatal care is provided by appointment only, the clinic will not provide "drop in service" although the specific circumstance of each patient will be taken into consideration when scheduling. To be eligible for care, the patient must demonstrate that she is eligible for Medicaid, WIC, or are otherwise unable to acquire adequate prenatal care through other means. S EXHIBIT "B" FAMILY HEALTH CARE, INCORPORATED PRENATAL CLINIC FOR DENTON COUNTY BUDGET FOR COMMUNITY DEVELOPMENT BLOCK GRANT A. Funding of a portion of a salary for a woman's health care provider: For the period October 1, 1996 to September 30, 1997, the amount of $35,000 shall be used to pay a portion of the annual salary of a woman's health care provider. B. The remainder of funding for this position will come from existing grant funding and from program generated revenues as determined by the clinic. I I j 2~ `i. K F DATE: DECEMBER 17,1996 CITY_COUNCIL REPORT Agenda No.~SS2' 0 9 Agenda Item TO: Mayor and Members of the City Council pate /rJ- 9G _ FROM: Ted Benavides, City Manager SUBJECT: BID # 1982 - ENGLISH AS A SECOND LANGUAGE PROGRAM RECOMMENDATION: We recommend this bid be awarded to the single respondent, North Texas Education and Training Co-op, in the amount of $30,000.00. SUMMARY: This bid is for providing services to Spanish speaking residents needing English as a second language instruction. The program includes providing a curriculum for reading and language skills, resume preparation, interviewing skills training, assessment of transferrable skills, and maintenance of area job listings. PR )GRAMS, DEPARTMENTS OR-GROUPSAFFECTED. North Texas Education and Training Co-op, CDBG Division, Citizens utilizing the program services. FISCAL IMPACT: General funds monies have been appropriated for this program. Account #100-451-051 M-8502. Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 810.AGVMA 3 1 r6 Y G DATE: 12.17-96 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJ: Approve ordinance authorizing the City Manager to sign a contract between the City of Denton and North Texas Education and Training CO-OP. RECOMMENDATION: Community Development Staff recommends approval. SUMMARY: The approved Human Services budget specified the use of $26,432 (CDBG) and $3,568 (general fund) to provide an English as a Second Language Program (Bid # 1982). The lowest responsive and responsible bidder is: North Texas Education and Training CO-OP (Bid # 1982). BACKOROUND: The Human Services Committee recommended CDBG funding in the amount of $186,000 for the 1996-97 Human Services Budget. In September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with the awards going to the lowest responsive and responsible bidders. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Beneficiaries of human service programs Local Human Services Agencies Human Services Committee Community Development Staff FISCAL IMPACT: The 1996-1997 Budget includes the Human Services budget allocation. V Respectfillly submitted: Ted Benavides City Manager Prepared by: Derrick Collins Human Services Coordinator Appr ed: Rick Svehla Deputy City Manager 1 3 S i F ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR' THE f EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1982 NORTH TEXAS EDUCATION AND TRAINING AND CO-OP g 30,000.00 SECTION-1I. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid, SECTION.W. 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 terns, conditions, plans and specifications, standards, quantities and specified sums contained therein. 1 I 3 r SEMONIV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTIOMY. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B Y: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:_-- 2 u e . 8:1WPD0C9\XNNrsa.VPD I 199b - 1997 ' AGREEIIEN'T BETWEEN TEE CITY OF DENTON AND NORTH TEXAS EDUCATION AND TRAINIM CO-OP This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and North Texas Education and Training CO-OP, 117 E. Warren, Denton, Texas 76202, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to the homeless families; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this contract and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter described. 1. TERM This Contract shall commence on or as of October 1, 1996, and shall terminate on September 30, 1997. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRAC- TOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. `P t 4 III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project bu dget included as a part of Exhibit B. Notwithstanding any other revision of Contract, the total of all as and obligations madeeor incurred by CITY hereunder shallenott ex eedtthe sum of $30,000.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, sub- ject to the limitations and provisions set forth in this Section and Section VII of this Contract. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. if adequate fund3 are not available to make this Agreement, CITY shall notif payments under a reasonable time after- such fact` has Abeeen determined. in writing within CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section I; is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; or (d) has not been billed to CITY within thirty (30) calendar days following billing to CON- TRACTOR, or termination of the Contract, whichever date is earlier. a (e) is not an allowable cost as defined by section XI of this Agreement or the project budget. thereof )whicCITY shall not h is incurred w th liable to any accost or tivity ofCON- TRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIAWS WITH BTAT; and LOCAL LAWS to this Agr ecment areunderstands whichthat hava been made available pursuant to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the office of Management and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. PAGE 3 r E F i S. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. Vi. PRRPORXANC! BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all purposes as 4 Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Work State- ment without the prior written approval of the City's Community Development Administrator. VII. PAYMENT3 TO CONTRACTOR A. Paymenta to Contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $30,000 for services rendered under this Contract. CITY will pay these funds on a reim- bursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. Those CONTRACTORS who fail to request reimbursement on a timely basis, may jeopardize present or future funding. PAGED 4 L B. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR: or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Disallowed salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. Refunds of disallowed costs may not be made from these or any { other funds'received from or through CITY. D. Deobligation of Funds. In the event that actual expendi- tures deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. E. Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within ten (10) working days following the close of the Agreement period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRAC- TOR. VIII. wARRANTrzS CONTRACTOR represents Pnd warrants that: A. All information, reports and data heretofore or hereafter PAGE 5 la r S „p requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any by CITY and furs shed of CITY, are complete, accurate and heretofore requested reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR related to the program described in Exhibit A. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing businass or with the provisions of any existing indenture or agreement of CONTRACTOR. B. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of Community Development Administrator or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mort- gages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- formance of this Contract and with respect to which CITY has ownership hereunder. PAGE 6 /l S i i (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development office. Z. ALLOWMLE COSTS A. Costs shall be considered allowable only if Incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions set forth in Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval of the expenditure of funds, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be con- sidered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are con- ducted. (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. PAGE 7 G (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsibility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. XI. PROGM INCOlQ A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment of facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered b CONTRACTOR under this agreement. B. CONTRAC'T'OR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision. These fees or other program income will be deducted from the regular reimbursement request. C. Contractor shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. XII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the PAGE 8 13 a provisions of Exhibit a, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any ap- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. X111. MORTS AND MOMTI0N At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall provide detailed client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. PAGE 9 s b f EIV. MONITORINo AND EvAI,IIATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. ZV. DIRRCTOR9' NINTIM During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. XVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the PAGE 10 / 3~ S 4 j ! employees conducting these activities, premise liability insurance, commonly referred to as "Owner/Tenant* coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. clause whi he requires policy o that 1 City and Contractor shall be l notified contain in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 1VII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. PAGE 11 a r XVIII. PERSONNEL POLICIEs whichcshall be establish and maintain nation. Such personnel shall: policies A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XIX. CONFLICT OF INTRUST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. 8. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XX. NEPOTISM who is aRACTORembersha2 of lthet imemploy mediaten f milpy of can acity pe any p who is currently employed by CONTRACTOR, or is a member yof CONTRA TORis governing board. The term "member of immediate familyn includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 12 POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRA be used, either directly or indirectly, CTOR hereunder shall or (includin defeatg, but not limited to, an activity any political activity of any candidate for public Office) rtor r ny election undertaken to influence the passage, defeat of final legislation. Y activity content of a. None of the performance rendered hereunder shall involve, and no portion of the funds received b hereuner be used for or applied directl y CONTRACTOR operation, maintenance or administrationctolr to utilized nstso as to benefit in any manner ant sectarian or activity. religious gious facility or x7[II . PUBLICITY An Where such action is appropriate publicize the activities Agreement. the conducted by CONTRACCTOR~~R shall advertising In any medium news release, sign, brochure under this a trtisin b disseminating information or other Department of Hor for CONTRACTOR, mention shall be made prepared or Block (rant pr g and Urban Development•a Comm of the V.S. the project Possiblefundfng through the City of Denton Navin ent g made B. All published material under this project must be and written reports submitted otherwise epecificalZ originally developed material not originally developed is included tin his report, t. Tees identify the source in report, th ~en material Identify the body of the report orb f port shall extensive is applicable when the material is in overba. This paraphrase format, a verbatim or All published material submitted under this include the following reference on the front cover project shall This document is or title page: Denton's Communit prepared in accordance with the City of funding received ftom thel nited Slates DepartmenProgram, with and Urban Development, t of Housing C• All reports, documents, studies, charts, schedules, or other appended documentation to an proposal, or contracts and an r y Proposal, content correspondence basic and related material submitted by inquires 4 all property of CITY upon receipt. Y CONTRACTOR shall become the PAGE 13 4 XXIII. FMINO APPLICATIONS CONTRACTOR agrees to notify CITY each time CON'T'RACTOR is preparing or submitting any application for funding for the program described in Exhibit B in accordance with the following procedures: A. When the application is in the planning stages, CON- TRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. CONTRACTORUshall notify CITY ofisuchfaward anti the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the.budget, program description, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV. CH"039 AND Ads A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both i parties, except when the terms of this Agreement a res that another method sh xP sly provide all be used. a. CONTRACTOR may not make transfers between or among ap- proved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. CONTRACTOR will submit revised budget and program in- formation whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit a. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modi- fications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. PAGE 14 / 9, S Q i f r E. CITY may, from time to time during the term of the - Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in subsection A of this Section. F. Any alterations, deletions, or additions to the Agreement Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It of Exhibit A fs eaxnpressly understood that neither the performance any program contracted hereunder nor tLe transfer of funds between or among said programs will be permitted. 3". SUSPENSION OF LINO Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. set forth the default or failure alleged, he a tioniequired for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been sat- isfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section XXIII may be effectu- ated. XXVI. TERMINATION A. CITY may terminate this Agreement with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. PAGE 15 r. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Agreement. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the 1 decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. PAGE 16 Z,r b CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRAC°TOR,s creditors for any expenses, encumbrances or obligations whatsoever incurred after, the termination date. S. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRA liability to CITY for damages susta ORhall by virtueeof any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. NOTIFICATION OF ACTION SROtr(wT In the even. that any claim, demand, suit or other action is made or brought by an,,person (a), firm, corporation or other entity against CONTF._ACTOR. CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. date and hour of notification of any suSuch noti shall ch claim a demandstate, other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basic of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by ms: 1. XXVIII. INDINNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. indemnify and hold hargrees to CITY provide its d agents, for, and to tractors from any and all claims, suits, causes oef ac ion, demands, damages, losses, attorneys fsee, expenses, and liability arising out of the use of th3se contracted funds and program administration PAGE 17 2 Z . z and implementation except to the extent caused by the willful act ar omission of CITY, its agents, employees, or contractors, xxIx. MISCHLLANZOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. remain invalid, 0. If illegal, or unenforceable,~the tremaining provisions d shall be full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This attachments, consitutes Agreement, the together agreement referenced between he parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Agreement, whether wrii.ten or oral, shall have no force or effect whatsoever; nor s}.%:.l any agreement, assertion, statement, vnderstanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communica- tions and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set for below: PAGE 18 2 3 5 E TO CITY: TO CONTRACTOR: City Manager Director City of Denton North Texas Education and Training 215 E. McKinney St. CO-OP Denton, Texas 76201 P.O. Box 1604 Denton, Texas 76202 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Contract has been executed on this the day of , 1996 CITY OF DENTON BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: NORTH TEXAS EDUCATION AND TRAINING CO-OP BY: Lloyd Webb PAGE 19 2 t d F f,. ATTEST: SECRETARY i I i PAGE 20 ZS 5 t c-22-gg 22:24P P.02 'KBJT "A" WORK .91-ATE. ML.-.NT NORTH TEXAS EDUCA77ON AND 7RAIMNC COOP to irdpatr~ Ed"fion and 718'a'08 CO-OP is a privft No"hl u +~s caary out ao aroa-wide prog to tl0~P1Dfit corporation With the P'pPow immvc ^rch *&'MAN and 4tiinirg and to btdW a °n mot t~aeniog of rkpp y °pODV° and eoobloo cli to gcquim Clkut o!~red employm" aW two dy to JnM m'aoywr'"uhv*oeotsforlabor, ' oko at In & ;Oymmt. City of Dmtm fiodiog Will be ~ ' 00d boa c orSaoryn m amvias g AobWa be d. Hiapq-for the lmhuctor. Tbia a ~ooad aaic ooarmunity { III v F 1 Dac-3l-96 08;33A P. 02 EXHMIT reM BUDGET NORTH TEXAS 19DUCA910N AND'IRAFNIWO CO-OP BSL PW= Budget Pegs- me' Kxmft $2(.5W ESL MNIWWI S 3,500 s 2 S M F DATE: DECEMBER 17,1996 Agenda No. 9& 9 CjTy_COIJPICILREJ ORT Agenda Item LL Date z- ` TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID #1980 - INFANT CHILD CARE PROGRAMS FOR LOW-INCOME RECOMMMATIOIN: We recommend this bid be awarded to the single respondent, Fred Moore Day Nursery Inc., in the amount of $35,000.00. SUMMARY: This bid is to provide licensed child care services on a sliding fee scale for children of low-to-moderate income working parents, parents enrolled full-time in school or a training program, unemployed individuals who are actively seeking employment, and parei)ts working and enrolled in school part-time. The service accepts children ages 6 weeks to 5 years from 7:00 A.M. to 6:00 P.M. and includes well balanced meals and a learning development curriculum. pgOGgAMS,DEPARTMEN.TS_OR-GROUPB :AFFECTED: Fred Moore Day Nursery Inc., CDBG Division, and Citizens of Denton utilizing the program. FIS_CALIMPACT- General Funds monies have been appropriated for this program. Account # 100- 051-051 M-8965. Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 80S AGENDA 3 r A 1 i•5 f'•it: a!j g JG, L • DATE: 12-17-96 CITY COUNCIL FPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJ: Approve ordinance authorizing the City Manager to sign a contract between the City of Denton and Fred Moore Day Nursery School Inc. RECOMMENDATION: Community Development Staff recommends approval. SUMMARY: The approved General Fund budget specified the use of $35,000 to provide infant and child care to low income families (Bid # 1980). The lowest responsive and responsible bidder is: Fred Moore Day Nursery School, Inc. (Bid # 1980). BACKGROUND: The Human Services Committee recommended general fund monies in the amount of $163,868 for the 1996.97 Human Services Budget. On September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with the awards going to the lowest responsive and responsible bidders, PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: 1 Beneficiaries of human service programs Local Human Services Agencies Human Services Committee Community Development Staff FISCAL. IMPACT: The 1996-1997 Budget includes the Human Services budget allocation. 1 i Respectfully submitted: Ted Benavides City Manager Prepared by: , L44',~. Derrick Collins Human Services Coordinator App ved. Rick Svehla Deputy City Manager 3. S Y ORDINANCE NO- _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOIE THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City s Purchasing Agent filed according to the bid number assigne9 hereto, are hereby accepted and approved as being the lowest responsible bids: BID bIUMBER CONTRACTOR AMOUNT 1980 FRED MOORE DAY NURSERY INC. $ 35,000.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 11 . 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 Bi,: ^rvosals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. i 3 ri" sia{ Yi SECTIONIV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified iA such approved bids and authorized contracts executed pursuant thereto, SECTIOALV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of -,1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2 I S D l' 8:\IfpR7($~K\i1R70R8.1C 1996 - 1997 AORZXKKKp BETWEEN THE CITY OF DENTON, TLW AND FRED NOORE DAY NORSERY SCHOOL, INC. This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City and the Fred Moore Day Nursery School, Inc., a non-profit corporation, 821 Cross Timber, Denton, Texas 76201, hereinafter referred to as °Organization*; WHEREAS, City's Human Services Committee (hSC) has reviewed the services of Organization and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSC recommends funding organization; and WHEREAS, City has determined that Organization merits assis- tance and has provided for Thirty-Five Thousand Dollars in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. C. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. II. OBLIGATIONS OF OROANIZAT:CON the receit of fcondirom A. Thir~-y-five Thousand Dollars ($35,000.00) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. i l establish, operate, n maintain account for this program that wiiJllallow foratracing of fnds ~P and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to wri.tiug all of its rules, regulations, and pol;cies and file a copy with City's Community Development office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. At n may to refund thetbalancediscretion of i the of City, special account a too City atethe requindred of Organization's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, ar her authorized representative, for further direction. H. It will appoint a representative who will be available to meet with. City's Executive Director of Finance and other City officiate when recpiested. S. It will indemnify and hold harmless City from any and all cl».ims and suits wising out of the activities of Organization, Lts employees, and/or contractors, and save and hold. City harmless from all liability, including costs, expenses and attoxaeys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever, resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of organization. J, It will submit to City copies of year-end audited financial statements. ITI. TIME OF PERFORUNcB The services funded by City shall be undertaken by organization within the following time frame: October 1, 1996 through September 30, 1997. IV. PAYMENTS A. Payments to Organization. City shall pay to organization an amount of money not to exceed Thirty-five PAGE 2/7 Thousand Dollars ($35,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. H. Excess Payment. Organization Phall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. During any one month period, organization will not request. more than one-fifth (1/5) of the total budget as specified in Exhibit B. D. Deobli ation of F'unda. In the evert that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such underexpended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the ti^s~ period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. V. NVALVATION Organization agrees to pa- icipate in an implementation and maintenance system whereby t': services can be continuously moni- tored. Organization agrees to make ava.`lable its financial records for review by City at City's discretion. In addition, organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. PAGE 3 B. All external or internal evaluation reports, C. Q~:arterly performance reports to be submitted in January, April, :July and September, to include the following data: 1. Number of children served each month. 2. Income level of families participating in program. 3. Race and/or ethnicity of participating children, D. Organization agrees to submit quarterly financial statements in January, April, July, and September, Each statement shall include expenses and income, outstanding obligations and beginning and ending balances. VI. DIRSCTORS' 1aETIM During the term of this Agreement, Organization shall deliver to City copies of all noticne of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization undereitands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing i)ody shall be available to City within ten (10) working days of { approval. vIi. SUSPUSION OR TXRMrMTION City may suspend or terminate this Agreement and payments to Organization, in whole or part, for cause, Cause shall include but not be limited to the following: A. organization's improper cr inept use of funds, B. Organization's failure to comply with the terms and conditions of this agreement, C. Organization's submission of data and/or reports that are incorrect or incomplete in any material respect, D. Appointment of a trustee, receiver of liquidator for all or a substantial part of organization's property, or institution of bankruptcy, reorganization, rearrangement of dr liquidation proceedings by or against Organization, or PAGE 4 i E. City determines that the carrying out of this Agreement is impossible or infeasible. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding anti specify a reasonable date for compliance. In case of termination, organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. RQUAL OPPORTUNITY A. Organization will submit for City approval, a A-I tten plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. S. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requests 3 by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requiremrints, the Agreement may be canceled, f terminated, or suspended in whole or in part, and Organization 1 may be barred from further contracts with City. IE. WARRANTIES ORGANIZATION represents and warrants that; A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. S. Any suppor.ing financial statements heretofore requested by city ant! furnished to City, are complete, accurate and fairly reflect the financial conditions of organization on the date shown on said report, and th,'2 results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of organization. PAGE 5 ~U , C. No litigation or legal proceedings are presently pending or threatened against organization. D. None of the provisions herein contravenes or is in conflict with the authority under which organization is doing business or with the provisions of any existing indenture or agreement of. Organization. E. Organization has the power to enter into this Agreement and accept paymenLa heraun~ler, and has taken all uecessar1 action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by organization to City. Each of these representation: and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. I. CKRUMB AND AMXNDNMS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement exprescl.y provide that another method shall be used. I B. Organization may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of the Community Development Coordinator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. in addition, budget revisions cannot significantly change i:he nature, intent, or scope of the program funded under this Agreement. C. organization will submit revived budget and program information, whenever the level of funding for organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur 6uring the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. PAGE 6 ir. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. G. Organization agrees to notify city of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. performance of Et ibitxpre for any ssly understood that neither the the transfer of funds between or amongasaidnprogram hereunder nor permitted. grams will be XT. INDMWFICATION A. It is expressly understood and agreed by both parties hereto that City is contracting with Organisation as an independent contractor and that as such, Organization shall save and hold City* its officers, agents and employwas harmlase• from all liability of any nature or kind, including costs and expanses for, or on account oft any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organisation. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, amtployees, or contractors from any and all claims, suits, causes of action, demands, damafles, losses, attorney fees, arisino out of the use of these contracted fundssand d liability administration and implementation except to the extentrcaused by the willful riot or omission of City, its agents or employees. XII. CONFLICT OF INTBRRST A. Organization covenants that neither it nor any member of its governing body presently has an- interest, direct or indirect, which would conflict i.n any manner o~- degree with the performance of services required to be performeO under this Agreement. Organization further covenants that iii the PAGE 7 performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, busineus, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interests or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. ZIII. NNPOTIRM Organization shall not employ in any paid capacity any pserson who employed member by of currently is Orthe iediate ganization, oraisla membbeer ooferson who Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. ZZV. L%WLIANC! WITH STATE and LOCAL LMS CONTRACTOR slall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Denton in the performance of this contract. xv. RMPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and ofiirial motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. PAGE 8 ~3, C, CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- pended or terminated this Contract for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. =Yi. COVENUMs During the period of time that payment may be made hereunder and. so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Rxecutive Director of Planning and Development or his authorized representatives (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned tir hereafter acquired by it, or permit any pre-existing mort- gages, liens, or other encumhrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- formance of this Contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CIT" authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Com- munity Development office, PAGE 9 YVII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any ap- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retair all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs an:A expenditures of funds under this Contract for the period of time end under the conditions specified by CITY. 0. Nothing in thL above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of sorvioes provides' ender this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, auamine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XVIII. REPORTS AND INFORKRTION At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly henefici ry and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other Ptatistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners PAGE 10 within ten (10) days after receipt of such. XIX. INSURANCE A. CONTRACTOR shall. observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Contract. B. CONTRACTOR shall obtain, for zhe premises on and in which the activities descriLid an Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if appllcable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current hasis in CONTRACTOR's files. S. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. P. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XX. PERSONNEL POLICIES CONTRACTOR shall establish and maintain personnel policies which shall be available for examination. such personnel policies shall: A. Be no more liberal than CITY's personnel policier, pro- cedures, and practices, including policies with respect to employ- mert, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. PAGE 11 1/ XXI. NOTIFICATION OF ACTION BROUaRT In the event that any claim, demand, suit or other action is made or brought by any person (s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, zaturn receipt req:.tested, addressed to Organization or city, as the case may be, at the following addressesi CITY irQ: WIZATION City of Denton, Texas DirE:tol Attn:City Manager Fred Macu:C Day Nursery School, 215 E. McKinney Inc. Denton, TX 76201 P. 0. Box Drawer N Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIII. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining proi,isions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist: in any one or more instances upon the terms and conditions of this Agreement consti- PAGE 12 tute or be construed in any way to be a waiver by city of any breach of covenant or default which may then or subsequently be committed by Organisation. Neither ehall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri- ate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the panties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance. +111 have the final authority to render or to secure an interpretation. F. This Agreement shall be intc.rpreted in accordance with the laws4 of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS wHERHOP, the parties do hereby affix their signa- tures and enter into this Agreement as of the _ day of 1996. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 13 ~0 APPROVED AS TO LEGAL FORM: HERBERT L.' PROUTY, CITY ATTORNEY BY. FRED MOOP.i DAY NURSERY SCHOOL, INC. ~I BY: DIRECTOR ATTEST: BY: SECRETARY PAGE 14 f i EXHTRIT "A" WORK STATEMENT FRED MOORE DAY NURSERY SCHOOL, INC. The Fred Moore Day Nursery School is a non-profit child care center which provides child care on a sliding scale. Children six weeks through five years of age are eligible for the program. Ninety percent of the children are from low income families. The parents must be working to be eligible to enroll their child. The purpose of the center is to provide a safe, healthy environment that will meet the development needs of the child. Activities are designed for each age group to meet the individual and group needs. The curriculum includes creative arts, motor skill, speech development, music as well as personal hygiene and manners. The center provides breakfast, lunch, and an afternoon snack for each child. All meals meet the USDA food requirements for children in child care. 20, I. 5I EXHIBIT "B" FRED MOORE DAY NURSERY SCHOOL, INC. GENERAL FUND BUDGET City of Denton Funding $35,000.00 Monthly Request $ 2,916.66 Monthly Expenses Teacher $ 928.00 Teacher $ 896.00 Teacher $ 880.00 Teacher $ 400.00 I Total $3,104.00 2( , G DATE: DECEMBER 17,1996 CITY COITNCYL REPORT Agenda No.._ Agenda ~Item TO: Mayor and 10embers of the City Council oats. FROM: Ted Benavides, City Manager SUBJECT: BID 111977-CHILD CARE PROGRAM FOR LOW-INCOME FAMILIES R&COMAIM."AIMM: We recommend times bid be awarded to the single respondent, Denton City County Day School, In the amount of $21,000,00. S 7MMARV: This bid Is for a licensed child care program provider for children of low-to-moderate income working parents, parents enrolled full time in school or a training program, unemployed parents who are actively seeking employment, and parents working and enrolled in school part time. Services will be extended to children 18 months to 5 yews and offer services from 6:30 A.M, to 5:30 P.M., including well balanced meals and a learning development corriculum. PR[_ ICRAMS, DEPARTMENTS OR GRO IPS AF ECTE . Denton City County Day School, CDBG Division and citizens utilizing the p. igram. General Fund monies have been appropriated for the program. Account # 100-051-015M-8910. Respectfully submitted: Ted Benavides City Manager Approved L7: Name: Tom D. Shaw, C.P.M, Title: Purchasing A3ent 905.AOMMA.DOC 3 CITY COIWC1I RLEMUO dAT DATE: 12-17-96 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJ: Approve ordinance authorizing the City Manager to sign a contract between the City of Denton and Denton City County Day School. BE 1~ENDATION: Community Del elopment Staff recommends approval. SUMMARY; , rhe approved General Fund budget specified the use of $21,000 to provide child care to low income families (Bid # 1977). The lowest responsive and responsible bidder is: Denton City County Day School (Bid # 1977). BACKGRO IND; The Human Services Committee recommended general fund monies in the amount of $163,868 for the 1996-97 Human Services Budget. On September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with the awards going to the lowest responsive and responsible bidders. PROGRAMS D PARTA~~NTS OR GROI T-S AU CT : Beneficiaries of human service programs Local Human Services Agencies Human Services Committee Community Development Staff FISCA AT, IMNAU; The 1996.1997 Budget includes the Human Services budget allocation. 2. Respectfully submitted: Ted Eenavides City Manager P.apared by: Derrick Collins Human Services Coordinator Ap*Svehla Rick Deputy City Manager ORDINANCE NO.. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD CF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS 'T'HEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEGTIOIN1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1977 DENTON CITY COUNTY DAY SCHOOL $ 21,000.00 I SECTM-11. That the acceptance and approval of the above competitive bids shall not constitute a contract between. the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and famishing of performance and payment bonds, and insurance certificate afler notification of the award of the bid. SECTION-1U. 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 contairrd therein. 1 !1 1 SECTIONTV_. That upon acceptance and approval of the above competitive bids and the execution of con!-acts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. - - JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY:------ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2 R.\NPOf)CS~KSC[SYCOON.N 1996 - 1997 AARZINZNr BSTMSSN TES CITY OF DZYM, T3IIAS AND DSNTON CITY-COUNTY DAY SCHOOL This Agreement is hereby entered into by and between the city of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton City-County Day School, a non-profit corporation, 1603 Paisley, Denton, Texas 76201, hereinafter referred to as "Organization"= WHEREAS, City's Human Services Committee (HSC) has reviewed the servicma of Organization and has determined that Organization performs an important service for the residents of 'Oftnton without regard to race, religion, color, age or national origin, and HSC recommends funding Organization; and WHEREAS, City has determined that Organization merits assis- tance and has provided for Twenty-One Thousand Dollars in its budgets NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPS OF SSRVICm Organization shall in a satisfactory and proper manner perform the following tasksc A. Provide low cost day care to low income familiee where parent{s} work and/or attend school or actively seek employment. B. Provide two nutritional meals, breakfast and lunch, for the children it serves. C. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. II. OBLIGATIONS OF ORGANIZATION In cuiisideration of the receipt of funds from City, organiza- tion agrees to tae following terms and conditions. A. Twenty-)ne Thousand Dollars ;$21,000.00) may be paid to organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. PAGE 1 ~P ' H. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of City, Organization may be required to refund the balance of the special account to City at the end of Organization's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill= any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. H. It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors, and save and hold City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever, resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of organization. J. It will submit to City copies of year-end audited financial statements. TIME OF PERFORMANCE The services funded :ay City shall be undertaken by Organization within the following time frame: October 1, 1996 through September 30, 1999. PAGE 2 IV. PAYMENTS A. Payments to Organization. City shall pay to organization an amount of money not to exceed Twenty-One Thousand Dollars ($21,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to organization within twenty days after City has received supporting documentation. organization's failure to request reimbursement on a timely basis, may jeopardize presant or future funding. B. Excess Payment. Organization shall refund to City within ten (10) %.urking days of City's request, any rum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organizations or 2) has not been spent strictly in accordance with the terms of this Agreement= or 3) is not supported by adequate documentation to fully justify the expenditure. C. During any one month period, organization will not request more than one-fifth (1/5) of the total budget as specified in Exhibit B. D. Deobligation of Funds. In the event that actual expendi- tures deviate rrom Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under- expended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, toget.t'r,r with a final expenditure report, for the time period covered ')y the last invoice requesting reimbursement of funds under thin Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize ripe form agreed upon by city and organization. V. EVALUATION Organization agrecG to participate in an implementation and maintenance system whereby the services can be continuously moni- tored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, organization PAGE 3 agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C Quarterly performance reports to be submitted in January, April, July and September, to inc)uete the following data: 1. Number of children served each month. 2. Income level of families participating in program. 3. Race and/or ethnicity of participating children. D. Organization agrees to submit quarterly financial state- ments in January, April, July, and September. Each statement shall include expenses and income, outstanding obligations and beginning and ending balances. VI. DIRECTORS' MIXTIMS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Direc- tors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION City may suspend or terminate this Agreement and payments to organization, in whole or part, for cause. Cause shall include but not be limited to the following: A. Organization's improper or inept use of funds, B. Organization's failure to comply with the terms and conditions of this agreement, PAGE C. Organization's submission of data and/or reports that are incorrect or incomplete in any material respect, D. Appointment of a trustee, receiver of liquidator for all or a substantial part of organization's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against organization, or E. City determines that the carrying out of this Agreement is impossible cir infeasible. In case of suspension, City shall advise organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTOAITY A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and organization may be barred from further contracts with City. Ix. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, PAGE 5 149 . since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceecinge are presently pending or threatened against Organization. D. None of the provisions here'.n contravenes ar is in conflict with the authority under which organization is doing business or with the provisions of any existing indenture or agreement of Organization. 6. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Bach of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CSANQBS AND AMZNDNZWTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of the Community Development Coordinator for the City. Organization shall request, in writing, the budget revision in a form prescribed by city, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program PAGE 6 i funded under this Agreement. C. organization will submit revised budget and program information, whenever the level of funding for organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or rft.ulation. B. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of organization's compensation. Such char.1es shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit a shall require the prior written approval of City. G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. X1. INDROWIFICATION A. It is expressly understood and agreed by bath parties hereto that City is contracting with organization as an independent contractor and that as such, organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including- coots and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of organization. PAGE 7 l2 . B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from any and all clams, suits, causes of action, demands, damages, losses, attorney lees, expense, and liability arising out of the use of these contracted funds and program administration and implementation excrApt to the extent caused by the willful act or omission of City, ito agents or employees. III. CONFLICT OF INTZRICST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body, B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself /herself, or otheiel particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. ZIII. MOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is cur- rently employed by organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 8 XIV. CONPLIANCR WITH STATE and LOCAL LAYS CONTRACTOR shall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Denton in the performance of this contract. XV. RZPRZSM4TATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract.. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- pended or terminated this Contract for the reasons enumerated in this section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be sub- stituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not bzen executed. XVI. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director of Planning and Development or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mort- PARE 9 gages, liens, or other encumbrar-ces to remain on, or attached to, any assets of CONTRACTOR which are allocated to the per- formance of this contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Com- munity Development office. M10 ILAINT>IDf UM OF R=CORDB A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any ap- plicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility fry retaining accurate and current records which clearly reflect the level and benefit of PAGE 10 ~J services provided under this Contract, D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shell make available to CITY, or any of its authorized representativ~)s, all of its records and shall permit CITY, or any of its authorised representatives to audit, examine, make excerpts and copies of ,Ruch records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. xvIII. REPORTS AND IMRXhTION At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. Unless a writtan exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten {10} days after receipt of such. zl:. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Contract. B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable, D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive PAGE ].1 & , a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. II. Ps"OHM POLICIZs CONTRACTOR shall establish and maintain personnel policies which shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation. and sick leave privileges, and travels and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. III. NOTIMATION OF ACTION HROUM In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other actions the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceedings the basis of such claim, action or proceedings and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when- deposited in the United States mail, postage prepaid, registered or i j PAGE 12 certified, return receipt requested, addressed to organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Director Attn: City Manager Denton City-County Day School 215 E. McKinney 1603 Paisley Penton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIII. JaSCSLLUMUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City, a. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be at waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privile~re, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No .-epresentative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropri- ate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. PAGE 13 /g . A f 9I F. This Agreement :t;:ell be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the partieri do hereby affix their signa- tures and enter into this Agreement as of the day of 1996. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JEWIPU WALTERS, CITY SECRETARY BY: APPROVED AS TO LE GM FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DENTON CITY-COUNTY DAY SCHOOL BY: DIRECTOR ATTEST: BY: _ :SECRETARY PAGE 14 r (1 is EXHIBIT "A" WORK STATEMENT DENTON CITY-COUNTY DAY SCHOOL Denton City Co. Day School is a non- profit child care facility for low income families. DCCDN serves 66 children daily ranging in age from 18 months to 5 M. Parents must be working, going to school full time, or doing both part time, or actively seeking employment to be eligible. DCCDN is open Monday through Friday from 6030 a,m, to 5:30 p.m. The staff consists of 8 teachers, a cook, an assistant director and director, Tha children are served breakfast, lunch, and 2 snacks. The school not only provides a safe and healthy environment for child care, but a learning program for all age groups. The curriculum places emphasis on cognitive, affective, and psychomotor learning skills, good health habits, and physical development. The school staff receives 20 continuing education hours each year in child development and early childhood education. The most important element of our work is the emphasis placed on enhancing the self concept of each individual child, as this is very significant for his/her future success. 1-cp1\city-e0.46 Q , f i. EXHIBIT"B" p N*ON CITY-COUNTY DAY SCHOOL GENERAL FUND BUDGET $21,000.00 City of Denton Funding $ 1,750.00 Monthly Request ,4onthly Expenses Teacher I $ 94G.41 Teacher II $ 946.41 Total $ 1,892.82 I I•Cp1\6ty-co.95 Agenda Nn. Ito _Q 9 _ Agenda Ilan 0nte._1~-~•Z~ DATE: DECEMBER 17, 1996 CITY-COUNCIL-REPORT TO: Mayor and Members of the Uty Council FROM: Ted Benavides, City Manager SUBJECT: BID #1979. DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION ANA PREVENTION RECOMMF,"ATTON; We recommend this bid be awarded to the single respondent, Denton County Friends of the Family, in the amount of $40,1300.00 SUMMARY: This bid is to provide shelter and protective services to assist victims of domestic violence and sexual assault, as well as progratns to reduce the incidence of domestic violence and sexual assault. PRO-GRAMS+-DEPARTMENTSA)R GROUPS_ AFFECTED: Denton County Friends of the Family, CDBG Division, and Citizens of Denton utilizing the sern ice. FIS-CALIMPACT: General Fund monies have been appropriated for this program. Accour t # t 00-051-051 M-8931. Respectfully submittal: Ted Benavides C~iiy .Manager Approved: Name: Tom . Shaw, C.P.M. Title: Purchasing Agent 807.AOENDA 3 / 11 DATE; 12-17-96 CITY COI RvCIL RRPORT FORMAT TO: Mayor and Members of the City Council FROM; Ted Benavides, City Manager SUBJ; Approve ordinance authorizing the City Manager to sign a contract between the City of Denton and Denton County Friends of the Family. RECOMM_ENDAI ION; Connrimity Development Staff recommends approval, SSLM APY: The approved General Fund budget specified the use of $40,000 to provide a domestic violence, sexual assault, crisis intervention and preventir^. program (Bid P 1979). The lowest responsive and responsible bidder is: Denton County Friends of the Family (Bid N 1979), BACKGROUN ; The Human Services Committee recommended general fund monies in the amount of $163,868 for the 1996-97 Human Services Budget, In September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with the awards going to the lowest responsive and responsible bidders. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Beneficiaries of human service progran.is Local Human Services Agencies Hunan Services Committee Community Development Staff FISCAL JMPACT: The 1996-1997 Budget includes the Human Services budget allocation. Si Respectfully submitted: Ted Benavides City Manager Prepared by: ~LGLLjI.r J. / 1 Cy Derrick Collins Human Services Coordinator App ed: 4 4 Rick Svehla Deputy City Manager ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City has solicited, received and tabulated competitive bids for the construction of public works o; improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION.!. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUN'T' 1979 DENTON COUNTY FRIENDS OF $ 40,000.00 THE FAMILY SEOTIONII. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION_III. That the City Manager is hereby authorized to execute nil 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 theseto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. I 1 SECTIONIV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto, SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -----.day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SCRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:-- - - 2 1996 - 1997 AGREEMENT BETWEEN DENTON CITY OF DxWMN, TXXU ET COUNTY FRIENDS OF THE FMILY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends Texase 7Family, a 6202, hereinafter irefer referred to as "Organization"I WHEREAS, City's Human Services Committee (HSC) has reviewed ization the services of organization aseericeaforhthedres dents of aDentonnwithout or national origin, and HSC performs an race, reegcommendafundingl Organization; and WHEREAS, City has determined that organization merits assis- its budget citizens of has provided and fucan nds provide needed contractual serviceel NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by city may be used: and aree victims residential of n domestic violence. Achildren, who emergency their B. Provide counseling, on both a r°.sidential and non- doestic them in dealing ditional and family physical trauma t of ansist with the emo violence. C. Provide counseling services to victims of rape and their families. D. Provide community k:ducation services concerning rape and domestic violence. the Work Statement organization herain shall attached perform as those Exhibit rpicee described in `h II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, organization agrees to the following terms and conditions: A. Forty Thousand Dollars ($40,000.00) may be paid to Organization by city, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of City, Organization may be requi-ed to refund the balance of the special account to City at the end of Organization's fiscal year. Q. It will promptly pay all bills when submitted unless there is a discrepancy in a billy any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. H. It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when rea,uested. I. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of organization, its employees, and/or contractors. J. It will submit to City copies of year-end audited financial statements. Ixx. TIME OF PBRFORKANCB The services funded by city shall be undertaken by organization within the following time frame; PAGE 2 October 1, 1996 through September 30, 1997. IV. PAYMOTS A. Payments to organization. City shall pay to Organization a maximum amount of money not to exceed Forty Thousand Dollars ($40,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. 8. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreements or 3) is not supported by adequate documentation to fully justify the expenditure. C. During xny one month period, Organization will not request more than one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit a. D. Deobligation of Funds. in the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserved the right to reappropriate or recapture any such under expended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously moni- PAAGE 3 0 r 1 SAS tored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copier thareof: A. All external or internal audits. organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Shelter services: a. Total number of clients served. b. Number of shelter days. C. Number of client counseling hours. 2. Hotline crisis line: a. Total number of calls. b. Number of family violence calls. C. Number of batterer calls. d. Number of sexual assault calls. 3. Outreach services: a. Number of family violence calls. b. Number of sexual assault victims served. C. Number of batterers served. d. Number of total clients counseling hours. e. Number of homemaker's clients served and number of hours served. f. Number of adult parenting clients served. g. Number of total parenting hours. 4. Number of volunteers. 5. Number of volunteer hours. 6. Race and/or ethnicity of clients. D. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. PAGE 4 G/~ DIRSCTORSvr'.NESTINUS deliverrtogCithe term ty copies fofthis all Anotices tof Organization of Its shall Board of Directors, netting forth the time and place thereof. Such notice shall bo delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed, Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. VII. SUSPUSION OR TERKIMTION In case of suspension, Citi shall advise organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, organization will remit to City any unexpended City fki.ids. Acceptance of these funds shall not constitute a waive., of any claim City may otherwise have arising out of this Agreement. Vllr. s4UAL OPPORTUNITY A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. PAGE 5 ~D , II. WARRANTIES ORGANIZAPION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any eiznifieant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against organization. D. None of the provisions herein contravenes or is in conflict with the authority under which organization is doing business or with the provisions of any existing indenture or agreement of organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND 111ffiNDNENTS A. A.,y alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may riot make transfers between or among PAGE 6 approved line-items within budget categories sat forth in Exhibit B without prior written approval of the Communir.y Development Coordinator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the neture, intent, or scope of the program funded under this Agreement. C. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes it sxhibit A which may include an increase or decrease in the amount of organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. 0. Organization agrees to notify City of any proposed change in rl':yslcal location for work p9rformed under this Agreement at !.east thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. PAGE 7 /2. TNDffiMNIax. FICATION A. it is expressly understood and agreed by both parties hereto that City is contracting with organization as an independent contractor and that as such, Organization shall save and hold City, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part fiu= the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or eontwaetor■ from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent cause. by the willful act or omission of City, its agents or employees. III. CONFLICT OF INTZR88T A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his,/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/shehaa family, Lusiness, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he hay; direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. PAGE 8 r3 xllx. NEPOTIBN Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. IV. REPRRSZNTATIONB A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspended or terminated this Contract for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. XVI. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director of Planning and Development or his authorized representative: PAGE 9 TZ (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Contract and with respect to which CITY has ownership hereunder, (2) sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Com- munity Development Office. IVII. DUJNTZKRWB Of WORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit H, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. H. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. PAGE 10 ~S C. Nothing in the above subsections shall be construed to relieva CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services g~:ovided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requeated by said representatives, IVIII. REPORTS AND INFORI[MON At such times and in such form as CITY may require, CON- TRACTOR shall furnish such statements, records, data and informa- tion as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. ' III. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Contract, B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, premise liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. PAGE 11 4 , V. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XX. PER8OWM PODICINO CONTRACTOR shall establish and maintain personnel policies which shall be available for examination, such personnel policies shall: A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XXI. NOTIFICATION Or ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either peroonally or by mail. XXII. NOTIcB Any notice or other written instrument required or permitted PAGE 12 /r7 to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION' City of Denton, Texas Director Attn:City Manager Friends of the Family 215 E. McKinney P. O. Box 623 Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIXI. XISCI LANiOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by organization. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together. Y. ferenced exhibi.te and attachments, constitutes the entire - ent between the parties hereto, and any prior agreement, at,rei , statement, understanding, or other commitment oc: ing during the term of this Agreement, or subsequent thereto gave any legal force or effect whatsoever, unless properly ei.ecuted in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, PAGE 13 /g codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the day of 1996. CITY OF DENTON, TEXAS BY: JACK MILLKA, MAYOR ATPSST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY. -ys DENTON COUNTY FRIENDS OF THE FAMILY BY; _ DIRECTOR ATTEST; PAGE 14 / / iy t i BY. SECRETARY ~•~pi1[ot96 / O U EXHIBIT "T." WORK STATEMENT DENTON COUNTY FRIENDS OF THE FAMILY Denton County Friends of the Family, Inc, provides a full realm of services to victims of family violence and sexual assault. The services provided free of charge to victims include a 24-hour, 7 day a week hotline, an emergency shelter for women and their children who are in danger due to family violence, children's programs in the shelter and outreach offices, individual program and group counjeling for victims, a sexual assault recovery progra.n which includes rape crisis intervention 24-hours a da•y, accompaniment and advocacy throughout the legal system, homemaker services for referred CPS cases, and parenting education. Tr1 addition to the above services provided for victims, individual ai:d group therapy is provided for family violence offenders based on a sliding fee scale. I 1•cp~~fof96 ~ EXHIBIT "B" DENTON COUNTY FRIENDS OF THE FAMILY GENERAL FUND BUDGET City of Denton Funding $40,000.00 Monthly Request Monthly E_menmea Director of Family Violence Director of Sexual Assault Director of Battering Interruption Director of Children & Adolescent Services Director of Family Services Total 1•cy~~fof96 4 DATE: DECF,MBEE~R~~17, 1,9~~9~6Q~ CITY COUNCIL-REPORT Agenda ND.~Z...L_ Agenda (tern A~ TO: Mayor and Members of the City Council Date _=L~ FRO,'-f- Ted Benavides, City Manager SUBJECT: BID # 1978 - CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS RECOMMENDATION: We recommend this bid be awarded to the single respondent, SPAN, Inc,, in the amount of $26,000.00 SUP461ARX: This bid is for providing congregate and home delivery of meals for senior citizens. This program provides a hot noon meal at two locations in the City of Denton, (MLK Recreation Center), and Denton Senior Center as well as home delivered meals including residents at Heritage Oaks. the program targets at risk, low income, frail, and minority elderly. PRO-GRAMS~I?EPARTMENTS_OR GRO.UPS.AFFECTED: SPAN Inc„ CDBG Division and Citizens of Denton participating in the program. FISCAL IMPACT, General Fund monies have been appropriated for this program. Account f100- 051-015M-8932. Respectfully submitted: Ted Benavides Approved: City Manager Neme: Tom D. Shaw, C,P,M, Title: Purchasing Agent 806.AaERDA 3 DATE: 12-17.96 CITY COJJNCIL OR.T FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager I SUBd: Approve ordinanc, authorizing the City Manager to sign a contract between the City of Denton and SPAN, Inc. RECOMMENDATION: Community Development Staff recommends approval, SUMMARY: The approved General Fund budget specified the use of $26,000 to provide a congregate and home delivered meal program for senior citizens (Bid # 1978). The lowest responsive and responsible bidder is: SPAN (Bid # 1978). BACKGROUND: The Human Services Committee re; ommended generat fund monies in the amount of $163,868 for the 1996.97 Human Services Budget. In September 1996, City Council approved that budget. All recommendations over $15,000 went through a request for bid process with Oie awards going to the lowest responsive and responsible, bidders. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Beneficiaries of human service programs Local Human Services Agencies Human Services Committee Community Development Staff F1SCA!, .jWPALJ': The 1996-1997 Budget includes the Human Services budget allocation. i x t Resptitlwly submitted: Tcd Benavidcs City i<lanager Prepared by: l Derrick Collins Human Services Coordinator APpr Rick Svchla Deputy City Manage. ~ d ~ 6 ORDINANCE NO. _ AN ORDINANCE ACCEPTING CO,'1~i FOR PE I ITIE BIDS AND OF CONTRACTS PUBLIC WOR TV I DS AND ROYIDINO FpR THE A WA14 D -S OR MENTS; PROVIDINO -PENDITURE OF FUNDS TIIEUFJR, AND PROVIDING FOR AN EFFECTIVEDATHE 'WHEREAS, the C: has ATE. construction ofPublie works or 1m S veined, to ivod anaj, c tabulated ~'PctiUVe bids for the and city winances; and provemeats to accordance with the procedures of STATE law WHEREAS, the Cirybfanager Dice des the herein described bids are the to ign*d ~ has received and rm%mnca&.d that 1mProvcments descn'bcd in the bid (wirittati bid op Won of the publk work or NOW, THEREFORE, Proposals and Plans and s Peciftcations therein; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION]. That the followieg competitive bids for Improvements, as described in the said invi ' fiat of blic the construe pu works or file is the Ofllce of the City's Purchasing Agent f (ed~Bid B• °r Pis and specifications on arc hereby accepted and approved as being the bwest rem pow bie b ebid number assigned hereto, BID NUqBF.R CONTRACTOR A.bIOtIN'F ~1978 SPAN. INC. $26,000.00 ~Cn0I1f II. constitute a' Tda!'ePO and eOntract between the City and theoval of thz above competitive PuNk suLM!41 ' obids shall not titi j orks or irnprov Person eiaenfs kfein accepted and 8 the bid for construction of such all eVuirements specified in the Notice to Bid&rs AMrO nel d ttntiI such person shall Comply with contract and furnishing of performarnCe and g the timely execution of a written nod&ation of the award of the bid PaYnent bonds, and insurance certificate &ner SECTIONIII. That contracts for the Performance the Eger v'..ereby authori'd to execute all necessary with the bids accepted and a trwt7on of the public works Or written with the Notice to a"" and Bd rein, proceed that stxh coati hwove in are Made ~s in ~ wor ` a~xe P+nposal% and doctunents rclatin ade in hete conditions, plans and specifications, sfartdards. Quantities ands g thereto apecrfyiag ttheterms, Pe'ciFed suns contained therein, 2 6 -:l Y-{ yi11 41 y ' SEf.'7 ORly. That upon aeceptaxe Lad approval of the above competitive bids end the execution of contracts for the public works and to provemeriv as authorized herein, the City 6umil hereby authorizes the expenditure of funds to the aminer and In the amount as specified In such approved bids and authorized contracts executed pursuant thereto. SECTIOX-V. That this ondnar►ce shall become efloctive inrunedia0y upon its passage and approval. PASSED AND APPROVED this the day of ,1996. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I~ BY: APPROVED AS TO LEUAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2 1 ~i\fPppCf\f\fD11f1 JPp • i!!6 1997 AORSOmiT R MSSN TUX CITY OF DINTON, TX3= AND 8RRVIC 3 PROORAN FOR AGINQ 8=8e INCORPORATED Ctr red This Agreement is he"' ente into by and the' of Denton, Texas, a'Kome kule Municipal Cory and Corporations-hereinafter referred to as 'Cit 1i and Services Program for Aging Needs, Incorporated, 1600 Maloney Denton, Texas 76901, a Texas non-profit corporation, hereinafter referred to as •Organizatton't WXMMU,`city's "Human Services' Committee (HSC) has reviewed the services of Organization and has determined that Organization performs an important service for the residents of Denton without regard to race religion, color, age or national origin, and HSC recommends fuming Organization) and WHEREAS, City has determined that organization merits assis- tance and has provided for Twenty-six Thousand Dollars in its budget NON, THEREFORE, the parties hereto mutually agree as follows! Is SCOpi OF SERTICES or? anization shall in a satisfactory and proper ma=sr perform the folowing tasks A. To provide congregate and home-delivered meals to elderly citizens at the Denton Senior Centers Martin Luther King Center, and Heritage Oaks Community Center. B. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. Ii. OBLIGATIONS OF ORGANIZATION in consideration Of the receipt of funds`fron city, Organiza- tion agrees to the following terms and conditionso A. Tarenl`y'•six Thousand Dollars (26 000.00) may be'pa~d to Organization by City, and the only expenditures reimbursed from these funds, shall'be those in accordance with the project budget, attached hereto as Exhibit a and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. B. it will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status/ of the program. ti k C, It will permit authorized officials of City to review its books at any time. D. It will reduce to writsnq all of its rules, regulations, and policies :M file a copy with City's Community Development office along with any arendments, additiona, or revisions whenever adopted, B. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. At tie dlicre~lon of City, Organization may be required to refund the balance of the special account to City at the end of Organisation's fiscal year. 00 ft vill -promptly pay`all, bills when abmitted' Unless there is a discrepancy in a bills any errors or discrepancies in bills shall bs'psompt reported to City's Executive Director of Finance, or her authorised representative, for further direction. K. It 1U , appolnt'a representative who will be available to meet with City's Executive Director of Finance and other City officials when regaested. 1 I, It ir1 indemify acid !fold harmless City,from any an' All claims and iuite`aris frig out of the agtivltiAib1 Organiiaticii its employees and/or contactors, and sav{ and gold city harsless from all liability,;inplud ng costs expenses and attornsy. fees* for or on account of, any olaims, emit ex,;eptlons, suits, or damages of any character whatsoever, resulti6f in whole or in part from the performance or omission of any act of any employee, agent or representative of Organization. J. It will submit to City copies of year-end audited financial statements. III. TDM Of PEP.TORKANCE The services funded by City shall be undertaken by Organization within the following time frames October 1, 1996 through September 30, 19M PAYMMS A. Payments to Organization. City shall pay to Organization an amount of money not to exceed Twenty-six Thousand Dollars ($26,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within PAGE 2 'l i -yl ul ) } tw.nty days after city hap received supporting documentation. Organiization's failure to request reimbursement on a timely basis, may Jeopardise present or future funding. B, Excess Payment, Organisation shall refund to City within ten 110) working days of City's request, any sum of money which has been paid by City and which City at any tine thereafter determiness 1) has resulted in overpayment to Organizationi or 2) has not been spent strictly in accordance with the terms of this Agreements or 3) is not supported by adequate documentation to fully Justify the expenditure. C, During any one month period, Organization 4111 not request more than one-fifth (1/5) of the total budget as specified in Exhibit e, DiDeobligation of Funds. in the event that actual expendi- tures deYfate.' from Organization's provision of a corresponding level of~ppeerformanes, as specified in Exhibit A, City hereby reserves tha'right to reappropriate or recapture any such under- expended funds. 8, Contract `Close Out, Organization lsWl submit the contract close out package to :Cit , together' with a' final expenditure report, for the time period covered byy the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. V. =VALUATION Organization agieea to'partielpate in andimplementation and maintenance,systa-a whereby the services cal be'.continuously moni- tored.' Organization agrees to make avatlaMe its financial records for review by City at. City's discretion. Ir. addition, organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following datas PAGM 3 D' i i F ~ I. Number of seniors served each month. t j 2. Income level of seniors participating in program. 3. Race and/or ethnicity of participating seniors. i 0. organization agrees to submit quarterly financial state- rents in January, April, July, and September, Each statement shall include expense3 and income, outstanding obligations and beginning and ending balancee. VI. DIR;CrORS' IOSTING8 Durlpq the term of tKie Agrioment4 Organization` shall dell x'a Lo Cit9.t ies of all notices of meetings Of its BBepard of oirbc- s, setting forth he time and place there444 ° Such notice shall btordelivired to Cit~ in a timely manner to 9 1Ye ad to notice, and shall riclude an agenda and a brief description of the matters to be discussed. Organization understands and agrees that Cityy's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. VII. suspa"10li OR TslfnaTION City may 'suspend 'or terminate this Agreement and payments to Organization, in whole or part, for cause. Cause shall include but not be limited to the following, A. Crganizatict's improper or inept use of funds, B. Organlzat U is failure to comply with the terms and conditions of this agieement, C. Organization's submission of data and/or reports that are incorrect or incomplete in any material respect, D. Appointment `of"s trustee, receiver of liquidator'Eor all or a substantial part of Organization's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against Organization, or E. City determines that the carrying out of this Agreement is impossible or infeasible. In case of suspension, City shall advise Organization, in PAGE ! 9. i l t, i writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any { unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII, EQUAL OPPORTQtiITY A. Organisation will submit for City approval, a written plan for csompliance with the Equal Employment and Affirmative llction Federal provisions, within one hundred twenty 4120) days of the effective date of this Agreement. Be organization 'shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. - Organization will furnish Sall information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non•ccmpliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and organization may be barred from further contracts with City. Me WARRANTIES ORGANIZATION represents and warrants than A. A °inforcatione reporta and data heretofore or hereafter requested byY Clty and furnished to City, are complete and accurate as of the;dite shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. I _ Be Any suppoi ing financial statements heretofore requested reflect thand e financial 1 condition, s are Organization on accurate the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. D. None of the provisions herein contravenes or is in PAGE 5 t x~ i conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E, Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lion or encumbrance of any character, except for current taxes not delinquent, exceppt as shown in the financial statements furnished by organization to City. Each of theso representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. It C1IUIM AND ANXND 3WM A, Any alterai1ins,' additions, or deletions to the terms of this Agreement shs11 qi by written amendment executed, by both parties, except vhen'the terms of this Agreement expressly provide that another method shall be used. . B, rganisaton uay no , ua)ce lransfe;s twin br, among approved l aa4 toms within budget"gitegoriai set1arth'IA'txhibit e with ut rVrittsn approval °of th6;,Community, Dsv41 nt Coordina 6i fortt s`CCity.`organi:a4lan'shall rsquootjwiit Nrl ing, the budgt rbYiiiori in a form prescribed by C1Ey, and such 'request for rev i11 not increase the total monetary "obligation of City under this`Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Co Organization -trill 'submit revised budget and program information, whenever the level of funding for Organization or the program(a) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and''agr±ea by the'parties hereto that changes In the state, Federal or local laws or regulations purauant hereto "may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the low or regulation. E. city may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease In the amount of Organization's compenr,ation. PAGGE/ 6 5 Such changes shall be Incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. An alterations, deletions, or additions to the Contract Budget Detail Incorporated In Exhibit B shall require the prior written approval of City. 7 0. Organization aqrees to notify City of an proposed change in physical location for work performed under this Agreement at least thirty 130) calendar days in advance of the change. H. Organization shall n)tify City of any changes in personnel or governing board composition. 1. It to expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XI. 114 ~ 5"= js e~rsas ~tiood and ah`, of Y gr by both parties hereto. that ofty7 i• ogntractia4 Frith organisation is an' indeyendont cootiab 4r and that` as such* Osvanisation shall sage amid }fold City$ Its o!lloersf agents anA sspioyajs harmless'trew all liability of may aaturs or kiad9'iao1udia9 costs and expensas`for, or on account o!, an 31aimsr audit exceptions, denaads, suits or damages of any character ~atsoswr resulting: In whole or In part from the performance or omission of any employee, agent or representative of organisation, ry' s, iademnily Organi"ilon t: tjQ~ ioiil' 46 hold harias• 'roirldo y ta, 14y Of ee~~ or contractors tram may and all all suits#° caus*@ es of ao ion, demands, damages, losses, attorney Gas, ispeanes, and liability arising out of the use of these contracted funds and program administration and issalamentation except to the extent caused by the willful act or asion of City, its agents or employees. XII, CONFLICT OF INTSRZST As..:; Organization covenants that neither It nor any member of its governing body presently has any interest, dli'C t or indirect, which would conflict In any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of Its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that PAGE 7 l2. a 1 is or gives thqq appearance of being motivated by desire for private gain for himst f herself, or otheres particularly those with which he/she has family, business, or other ties. Co No officer' member, or employee_of City and'n4i 1'6mrkr f its overning body wo'exereses any function or reeponsibilifi0e in t9a review or approval of the undertaking or carrying ouk of this Agreement shall (i) participate in any decision relating to the Agreement which affects hie personal interest or the interest in any corporations partnership,' or association in which he has direct or indirect Interests or {s) have any interest, direct or indirect, in this Agreement or the proceeds thereof. =III, NSpOTISM Organization )fall not emplpy ln'any paid csppi'ctty any person who is a member of the immediate family of any pbreon who is cur- rently employed by Organization, or is a member of Orpinizationrs governing board. The term •member of immediate family' includeso wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. Me COMIsIAWS MTH STATS and f.00AI. UM CONTRACTOR shall comply with all laws of the United States of America and the State o! Texas and ordines.ees of the City of Denton in the performance of this contract. Xt. RSPARSWTATIONS A. CONTRACTOR assures and guarantees that it possessae the legal authority, pursuant to any proper, appropriate and official motion, resolution or action pasted or taken, to enter into this Contract. B. The person or persons signing and execut~rrg_this Contract on behalf of CONTRACTOR, do hereby warrant and guarattee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terra, performances and provisions herein set forth. C.. CITY•shall have the right, 'wt its options to either temporarily suspend or permanently terminate this Contract if Were is a dispute as to the legal 'auttorit of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has sus- PAGE a /3 . t t. ended or terminated this Contract for the reasons enumerated In this section. D. CONTRACTOR agrees that the funds and resources'provlded CONTRAC QR under the terms of this Contract will in no way be sub• stituted for funds and resources from other sources, nor in aay way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, MNTRACTOR had this Contract not Teen executed. RYi. COWDIAXTS Dthe t. 4,. ;During perlod'of time that payment ma y be Lade Hereunder and so long ae any payments remain unliquidated, CONTR croft shall not, without the prior written conssnt of CITY0e Executive Director of Planning and Development or his authorised representatlvei {1~liortgag ~ pledge,' or otherwise e'ncun"r,O` suffer to be encumberedjl any of the assets of CONTRACMR,nd,'owndd or hereafter acquired by it, or permit any pre-existing`eiort• gages, lieni•or other encumbrances to remain on or attached to, any asee~• of CONTRACTOR which are allocate to the per- formance of this Contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets, (4) Make any advance or'loan to, or incur any liability for any other firm, person entity or corpe.ration as guaran- tor, surety, or accommodation endoreei. ;S) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CI'T'Y, unless CITY authorisea such transfer. COWRACTOR agrees, upon written request by CITYr to require its employees to attend training sessions sponsored by the Com- munity Development Office. MIS MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain recirds that will provide a:curate# current, separate, and complete die'-losure of the status of the funds received ~Ander this Contract, in :=npliance with the PAGE9 L 0 k provisions of`,Exhibit a, atttli;htd hereto, and with any'othes';p'- plicable Federal and state regulations establishing standards t r financial management. cONTRl,CTOR's record system shall ;contain sufficient documentation to provide in detail full suppppo0rt and justification for each expenditure. Nothing in this Section shall be construed to relieve COMUCTOR of fiscal accountability and liability under any other provision of this Contract or any ap- plicable law, CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all Woks, records, docu- ments reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITI. C. Noihn"the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. "t'. any reasonable'` time and .as often as :CITY may deem necess°ary', CONTRACTOR shall make available to CITY -.or any of its authorised representatives; all of its records and shall permit CITY,"qr any of`ita`authorised representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, pa olls, records of personnel, conditions or employment and all other data requested by said representatives. IvIII, MORTS Alm IMRNATION At such times and in su:h form as CITY may require, roN- TRACTOR shall furnish such statements, records, data and informa- tion as CITY :ay request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit-quarterly beneficiary and financial reports to CITY n6' less than once each three months, The beneficiary report shall' detail'olient information, including race, income, female head of househ8ld and 'ether statistics required by :1TY. The financial report shall include information and data relati~q tc* all programmatic and financial reporting as of the beginning date specified in Section I of this Contract. Unless a written exemption has been granted by the CI'T'Y, Cc;,rMCTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. Me INSURANCE A. CONTRACTOR shall observe sound business practices with PAGE 10 6 i 1 respect to providing such bonding and Insurance as would provide adequate coverage for services offered under this Contract. B. QONTEikMR shall obtain, '6% th@ premises on and in which the activities doicrlbed in Exhibit A are conducted, and for the c~nlyy rferredi to ass 0wner%TenantI coverage liability witTY named as an additional insured. upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. Co CONTjtxcTbk will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, It applicable. D CO"CTOR will matntaln adequate, and continuous liabilityy, insurdno¢ on, all vehlOles owned, leased or operated by CONTRACTOR, ~►11'emploY4eb'of CONTRACTOR who are required to drive a vehicle in ihi,normal scope and course of their employment must poseas a valid Texas drivez's license and automobile liability insurance. Evidencs of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR'S files. El Actual losses not covere%4. by Insurance as required by this section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of Insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation or change in the policy at la.aat thirty (30) days prior to such change or cancellation. fsRBONNZL POLICIES CONTRACTOR shall establish and maintain personnel policies which shall be available for examination. such personnel policies shalls A. Be no more liberal than CITY's personnel policies,pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travels and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. uI. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to PAGE 11 . i s CITY within two working, da s after b41 _ noti~ie3`of eu' claim, demand, suit or other, aql on, suchce shall jitat'e to date and hour of notification of any such claim, demand, suit or other action$ the names and addresses of the person(s);, firm, corporation or other entity making Ouch Claim,`or that instAtuted or threatened to institute any type of action or yroceeding the basis of such claw, action or procetiingi and the name of .tny person(s) against whom such claim to being mada or threateneJ. Such written notice shall 1,e delivered either personally or by mail. XXII• NOTICX )4, notice pr other written fai rumens required or pp, Mitted to be deivered utader the terms of this"Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the. Vnited states mail, postage prepaid, registered or certified,' return receipt requested, addressed to Organization or City, as the case may be, at the following addresses C17 r ORGAMaATXOK city 6f Denton, Texas Director Attn3City Manager SPAN 213 E. McKinney P. 0. Box 13427 Denton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIII. XZSCSL1.ANIOVS h. Organization shall not transfer, 'pledge or otherwise assign thia Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, tr;iat company or other financial institution without the prior written approval of City. 8. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of Loth parties hereto. C+,. in no event shall an payment to,orginizatton hereund8r, or any other act or failure of City to;insist~in,4ny One;br'mbi instances upon the terms and conditions of this Agreement coneE tute'or be construed In any s+a A6 be. a .waiver by City, of Any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission in any Tanner impair or prEjudice any right, power, privilege, or remedy available to city to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of city may PAGE 12 f lit A{ ■t~ { waiv♦ the effect of this provision. D. This'Agreeme'nL, together'with referenced exhibits"and attachments,-conatitutes the entiKe aggreement between the parties hereto, and any prior agreement$ assertione statement, understand- ing, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect 4 whatsoever, unless properly executed in writing, and if app:opri- ate, recorded as an amendment of this Agreement. r B. . in th63eypnt1',any,disagr`eement"or dispute should `arise between the;` part!#s hereto pErtainiriq to the ;interpretation or meaning of any part of this Contract or its govening rules, codes, laws, ordinances~or,regulations# CITY as the' wrty ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. } F. This Agreement shall The interpreted in accordance with the laws of the St-A-6 `of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the day of s 19". CITY OF DBN' mo TEXAS BYt JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY3 APPROVED AS TO LEGALFO?14: HERBERT U. PROtTTY, CITY ATTORNEY BYt - Pw SPAN PAGE 13 nt ri• , Z 1 i BY: DIRECTOR ATTESTo w BYi SECRETARY t I ! I PAGE 14 l9. r'.1 A3 F e e f 1 , r EXHIBIT W i. WORK STATEMENT i r t SPAN SPAN vill provide congregate and home-delivered meals to elderly citizens at the Denton Senior center, Martin Luther Ring Center, and Heritage Oaks Community Center. I I Z~ . t 1 P EXHIBIT `8• SPAN GENERAL FUND BUDGET x f j city of Denton Funding $2SjOOo.00 Monthly Request for Meals $ 2,166.66 4 1 I I I 1 I I 1 1 I 2r. 1 k Date; December 17, 1996 CITY COUNCIL REPORT FORMAT Agends No TO; Mayor and Members of the City Council Apeada Item - 0ate ~ ' '1- ~ FROM: Ted Benavkks, City Manger SUBJECT: Approval of an ordinance authorizing the City Managet to execute an agreement between the City of Denton and the Denton Affordable Housing Corporation for an increase in the supply of affordable housing in the City of Denton; authorizing the expenditure of funds therefor; and providing for an effective date. i RECOMMENDATION: t The Coavnxmky Development Staff recommends approval. j SUMMARY: The ordinance will approve the City's contract with the Denton Aftordable Housing Corporation for $88,850 In 1996 HOME funding. The following is a breakdown of the funded wivities: { i DAHC Operating Fwds $ .^0,000 1 Single Family Disposition Program t 13,3$0 Mockingbird !Are Single Family • •`$,500 t DAHC operating funds will be expended for staffing. supplies, rent, telephone and odor standard ~ operating Costs. HUD regulmions allow Provision of operating funds not to exceed 50% of the ' organization's budget or $S0,000 whichever is greater. These funds can be provided to community I development housing organizations (CHDOs) that are not also subrecipients. The Affordable Housing Opporhmety/Singk Family Disposition Program is in existing program eanr'ned out by DAHC.` Single family houses foreclosed by HUD are purchased by DAHC. If needed, the bome3 ire rehabilitated. The housing Is sold to income eligible families often with assistance from the City's Homebuyer Assistance Program. DAHC purchases homes throughout the county, however. City of Denton HOME funding and HOME program income is used only to purchase housing in the Denton city Limits. DAHC Is currently working to acquire additional property near their donated hand off Mockingbird Lane. HOME funds will be spent to develop infrastructure and complete housing construction on the project. The nimnber of homes completed !s projected b be 15 to 23. If additional property Is acquired, this umiber may increase. BACKGROUND: Funding for each of the activities described above was included in the 19% Action Plan for Housing and Community Development. The Action Ptan was adopted by City Council on May 21, 1996. HOME Investment Partnership Program regulations require local jurisdictions rartict,,+ating in the HOME program to set aside 15 % of their total allocation for use by eligible comarmity bousing DAHC CONTRACT WORT FORMAT PAGE •!\Je i !R i. development corporations. City staff worked with the council-appointed IAWAIokrate Income Housing Task Face to develop the Denton Affordable Housing Corporation any ` iu= that it could qualify as a CHDO under the HOME program 1 PPRWRAMS DEPARTMENTS OR GROUPS AFFECTED_ Potential Project and Program Beneficiaries DAHC Bard of Directors !.ending inwitudons Builders and Developers Real Ebtate Professionals Denton County Housing Finance Corporation Community Development E SC►t~CT No general fords dollars are inchrded in the contract. Ail agency funding and finding for City staff involved is from the HOME ardor CDBO program. Respectfully submitted: Ted Benavides City Managet Prepared by: Barbara Ross Community Development Administrator P Approved: i i Rick Svehla Deputy City Manager Attacbments: Ordinance DAHC Contract DAHC CONTRACT UPOIT FORMAT ?AGE ! z. i i 1 ORDINANCE NO. COUNCIL On THa,f CIiY OF 0""o TEXAS, APPROVING AN, AGREEMENT BETWEEN THE QIT( OF DENTON AND THE DENTO~? AFFORDABLE'W)USING CORPORATIONL' AUTHORIZING THE CITY W:AGER TO EXECUTE THE AGREfL NT AND TO EXTEND FUNDS WITH RESPECT TO THE AGREEMENTI AND PROVIDING FOR AN EFFECTIVE DATE, V WHEEREk9 CITY has received funds frts+ the.V, S. De artment of Houst and Urban Development under the Natior.il Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992 and y ,Y WHERE11S, CI?V,'US adopted4 budget for 'such funds and inoluded therein' an autnoriz6d-Program Budget for 4xpenditure of fundo°for operating` costs and project fw.ding for ae De'-on Affordable Housing Corporation included as Attachment "B" which is at', ached tt. and made a pait of this ordinance as if wr'_tten word for word herein NOW, THEREFORE, THE COUNCIL, OF THE CITY OF DENTON kMBY ORDAINSt R SEf, ON i .That'the City-'Council hereby approvee'the "Agree- # ment" attached hereto, betwe.in the city of .Den`-on and Oenton Affordable Hcueing Corporation, and authorizes the City Manager to execute said agreement. SEMI 114 That the City Council authorizes the expenditure of funds for operating costs and project funding for the Denton Affordablo Housing corporation itcluded to Attachment "B." SE ION III. That this ordinance shall beccue effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. JACK MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LECaAL'PORMt HERBERT L. PROUTY, CITY ATTORNEY BYt 3. i t. AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION This ;Agreement Between the City of`Denton and the Denton } Affordable Housing Corporation ('Agreement') is made and entered into by and between the City of Denton, a Texas municipal corpora- tion (8CITY81; meting by and through its City Manager, pursuant to ordinance, and the Denton Affordable Housing Corporation, Denton, Texas a certified non-profit community housing development corporation, ('CONTRACTOR'), i WHEREAS. CITY has received funds from the U. S. Dep=rtment of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development A.t of 1992 HEREASO CITY has adopted & 'budget for such funds and included therein an ram Budget for expenditure of funds for operating costs and project funding for the Denton Affordable Housing Corporation Ecluded as Attachment 'B'i WHEREAS CITY I-as designated the Community Development Office to the division responsible for the administration of this Agree- ment and all matters pertaining thereto] and ; WHEREAS, CITY wishes to engage CONTRACTOR to carry out such { project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the per- formance and accomplishment of the conditions hereinafter de- scribed. I. TERM This Agreement shall commence on or as of September 01, 1996, and shall terminate on August 31, 1998, unless adjusted by the CITY. Request for such an adjustment must be in writing and is to be submitted to the Community Development Office. It, RESPONSIBILITIES A. CONTRACTOR hereby accepts the'responsiiility for the per- formance of all services and activities, described in the, Work statement attached hereto as Attachment At and incorporated herein as if set forth at length, in accordance with the Program Budget attached hereto as Attachment 'B' and the Schedule of contract Activities attached hereto as Attachment 'C' and incorporated herein as if set forth at length, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. 7. 1 t B. CONTRACTOR'A$-executive director shall be CONTRACTOR's representative responsible for the management of all ctntractual matters pertaining hereto, -anleas written notification to the coitrary is received from CONTRACTOR, and approved by CITY. C. CONTRAgTO~'agrees that' all individual projects under the Single Famil' Disposition Prograd described in Attachment •A' to, be assisted with HONE funds will have approval from the CITY of Denton. CONTRACTOR also agrees that prior to ',expenditure of HOME funds on'the Mockleigbird Lane Project, also described in Attachment he CONTRACTOR will provide CITY with a project pro forma indicating all sources and uses of funds for the project. CONTRACTOR must also provide CITY with documentation of site and right of way control. D. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. E, CONTRACTOR shall comply with HUD Office of. Management and Budget circulares A-122 and A-110, Attachments B, F, H, paragraph 2 and Attachment O, F. CONTRACTOR shall`be certified as a 'Comm1wilty Horsing ; Development Organizations (CHDO) with the State of Texas and the City of Denton. CONTRACTOR shall maintain CHDO Certification for the duration of the contract term. f 00 CONTRACTOR shall not request disbursement of funds until they are needed for payment of eligible costs. The amount of each request will be limited to the amount needed as per 92.504 (c) 12) (vii) . H. CONTRACTOR shall not change the Program Budget without prior written approval from the CITY. 1. CONTRACTOR shall be responsible for performing a site specific environmental review prior to acquisition of properties under the Sil.51e Family Disposition Program. III, CITY'S i CONTRACTOR'S OBLIGATIONS A. CITY,in accordance with 24 CFR'92,208, Eligible' CHDO Operating Expenses, shall provide funds in the amour.. of $20,000 or less to assist the CONTRACTOR in the" Operation of the Denton Affordable Housing Corporation. CITY shall provide an additional $680850 ('Project Funds') for specific housing projects and programs as described the Work Statement, Attachment •A'. B. CONTRACTOR agrees to hold and save harmless the CITY, its officers and employees from any and all loss, cost, or damage of every kind (including, property damage, bodily injury or death), nature or description arising under this Agreement. PACE 2 5. ti r C, CITY shall be responsible for performing an environmental review to insure necessary compliances are met. D, This Agreement and the payments made hereunder are"con- tingent upon "receipt' of U.R. Department of Housing and Vrban'De- velopm?nt funds pursuant to the HOME Investment Partnership Pro- gram, ar.4 shall t.rminate immediately, not withstanding the pro- visions of Articla XV hereof, should such funds be discontinued for any reason. E. The 'CONTRACTOR may not request disbursement of 'funds until they are reeded for payment of eligible costs, ; The amount 'of each request by the CONTRACTOR shall be limited to the amount needed in accordance with 24 CFR 92.504 (c)(2)(vii) and shall involve the activities set forth in the `Contract Activity Schedule' attached as Attachment C. IV, COMPLIANCE WITS TEDERAL, STATE AND LOCAL LAWS A. Thn CITY and Co.WRACTOR 'agree to perform their duties arising pursuant to the 'Agreement in cocpliance with the U.S. Department of Housing and Urban Development HOME Investment P3rtneeahip Program regulations at 24 CFR 92. , B. CONTRACTOR shall comply with the uniform administrative requirements, as described in 24 CFR 92.505 in the HOME Investment Partnership Program regulations, a copy of which is attached hereto. ; ~ i C,- CONTRACTOR shall comply with all prescribed procedures t regarding nondiscrimination and equal opportunity, affirmative E marketing, displacement and relocation, labor relations, lead-based paint and conflict of interest provisions described in 24 CFR 92 subpart D. CONTR CT~R'.¢agAes to' ; insure, that a21 ' Ha'E4498isted housing or housing l~e"nted as" "match for ltie ''PONE prigiam meets all affoidability`rtquirem"tints,=Identified.iii 24'-CFR 92,252;'or 92,254, CONTRACTOR further a =ee3'to develop"'& deed of trust for use with °aI I;14OME-assisted units that incorporates these'requjre- menti,A nciuding'remedies for breach of the agreement provisions. CONMCrOR.wil1'pprovide the CITY with a copy of the deed of trust with provisions described above for approval before the sale of any HOME-assisted units. E. CONTRACTOA agrees that all HOME-taaisted housing will meet the property standards requirements and that as a certified Community IAusing De•ralopment Corporation, they will comply with 24 CFR 92.300 and 92.30:.. F. CONTRACTOR agrees that as a certified community housing development corporaticn (CHDO), they will comply with 24 CFR 92.300 and 92.301. PAGE 3 a.~ f ~ti xy s .tom ii =2Ea sbd 01 if, It e,dgterminea that tea us 9 e funds ng pp 4d b the CITY dOe9 n E me the r irem n s of 'the V.S..Dxa m-nt of Housing and Urban Development HQME Inv~s}mnt partnrshhlp,grG- graffi,'the CONTRACTOR ehali reie~burse"the CITrf-for the chafe deter- mined to be disallowed under the U.S. Department of Housing and Urban Development HOME Investment Partnership Program regulations. H, CONTRACTOR shall comply with all applicable Federal laws and regulations at 24 CYR 92 subpart H. Subpart H prescribes procedures for compliance in the following areas, nondiscrimina- tion and equal opportunity, affirmative marketing, displacement and relocation, labor relations, lead-based paint and conflict of j interest. E I. CONTRACTOR agrees that all housing assisted under this agreement will meet the property standards requirements in 24 CFR 92.251. 3. CONTRACTOR agrees to comply with all applicable Federal laws, laws of the State of Texas and ordinances of the City of Denton. v. RSPREStN'TATIONS providing funding to the CONTRACTORS in order to promote The CITY is development orow affordable housing. Use of funds for f3 both administration and programming will meet this sated goal, i B. .The' CITY is the only agent authorized to designate f changes to the Pri,gram Budget or to approve specific projects and i programs authorized pursuant to the non-administration portion of the Program Budget. C. CONTRACTOR assures and guarantees that it possesses the legal authority pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. D,,1 The person or', persons signing ' and executing this Agreement bn.behalf of CONTRACTORi do hereby warrant and guarantee that `ske~'or`they have been fully authorized by CONTRACTOR to execute"thia_Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. E1'+ CITY, shall have , the right, at its lion, . to' 16r temporariiy.:rauspend,or 'permanently terminate thto Agreement. it there is a dispute as to the legal authority of either CONTRACTOR or the person'signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from. CITY for performance of the provisions of this Agreement If CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. PAGE 4 7. i y 4. pRC underc the agree terms tha thhe~funds and resources provided is Agreement will in no way be eubysCituted for funds and resources from other sources, nor in any y wa serve t resourcess services, or would ha,e been available to, or provided throughother CONTRACTOR had this Agreement not been executed. Vi. ? COVENANTS 3 A. Durlnq the term of this }agreement, CONTRACTOR shall nct, without the prior written consent of CITY's Community Development Administrator or his/her authorized representative, change the use of the funding provided by the CITY. VII. i, PROGRAM INCOME Alf'fee's and inkereat payments on HJh=assisted units/pr0jecte collected by CONTRACTOR are considered Program Income, and shall be retaiaed by the CONTRACTOR to be used for HOME-eligible activities and in accordance with HOME program regulations. CONTRACTOR shall generate and maintain fiscal records reflecting tha use and disposition of Program Income. Any interest income cn deposited 1 HOME funds must be remitted to the City of Denton on a quarterly basis. t VIIi,, MAINTE WCE OF RECORDS L' A,;, CONTRACTOR agree to maintain records thatwii`lgr yids accurate,. current, separ'atet and tomplets dieclosurg ,of the a ahis of the funds 'received pursuant-to this Agreement and,pursuanE,to any other i plicable"Federal and/or State regulations establisming E standards"~'12r~financial.management. CONTRACTOR's record system shall 4o/I aii sufficient documentation to provide detailed supppoort and justification'`for each expenditure. Nothing in this 'section shall be construed to relieve CONTRACTOR of fiscal accountability and liabili£y'under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. s.. CONTRACTOR agrees to'retain '-all' boecs, records, docu- ments reporle, and written accounting policies and procedures pertaining t6 'the operation of programs and expenditures of funds pursuant to this 'Agreement for the period of time and under the conditions specified by CITY. C. Noticing in the above subrections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided pursuant to this Agreement. D. At any reasonable tire and as often as CITY tay deem necessary, tht CONTRACTOR shall make available to CITY, or any of PAGE 5 Y. e{~1 its authorised r presen atives; all of f'ts records and shall Qeruit CITY, or.any~ rof'its`'aui zed representatives th audits examine, make excerpEe'and'popies'of such records, and to'conduct audit's' of all concracte, invoices, materials, payrolls, records of personnel, conditicrs or employment and all other data relating to the program i requested by said representatives. l E, 11 The+ CONTRA CTOR shall give" the City of Demon; the'u.S. i Department of, Housing and Urban revelopmentoio; any of their dul authorized re y books,' accounts, records,resentativesre acceports,ss to files and the her to be lon all nd other papers belonging to or in use by the CON'T'RACTOR pertaining to this Agreement. Such ' rights to access shall continue as long as the records are retained by the CONTRACTOR. rx. REPORTS AND INFORMATION A. CONTRACTOR shall .provide quarterly,„ financial and beneficiary reports' that shall contain' Isuch records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall provide any additional information as requested by the CITY within 10 days. i B. An audit must be conducted in accordance with 24 CFR parts 44 and 45 as applicable. CONTRACTOR shall submit a copy of j said audit to the Community Development Office within ten days of receipt of the completed report. X0 MONITORING AND EVALUATION The CITY shall conduct a performance review of CONTRACTOR on an annual basis or is otherwise deemed necessary by the CITY to i evaluate compliance with the provisions of this Agreement as nece:j- sary in the performance of its duties of program accountability. XI. INSURANCE A. CONTRACTOR shall observe sound business practises with respect to providing such bonding and Insurance as would provide adequate coverage for services offered under this Agreement. %Bj. The'prenises dn'and in which tie activitieseecribed in Exhibit A' are Conducted, and the employees conducting 'these activities, shall be covered by premise liability insurance, com- monly referred to as @Owner/TenantN coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers, compensa- tion statutes and will obtain employerse liability coverage where available and other appropriate liability coverage for program participants, if applicable. PAGE 6 9 1 1 ~l D COIN R ; Will `maintain adequate and continuous liabiliEy ins nc@'On all vehicles owned, leased or operati&,.y CONTRACTORi ~ 1►1°.°p?4Yees of CONTRACTOR who are required tO dilye a vehicle n`ths normal scope and course of t;leir employment must poseese a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a t valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. F. The policy or 'policies of insurance shall contain a i clause which requires that CITY and CONTRACTOR be notified in writing of any cancellation or change in the policy at least thirty 130) days prior to such change or cancellation. Zile ZQVAL OPPORTUNITY nuring the"performance of this Agreement, the CONTRACTOR is i subject to Executive Order 112460 as amended, and, therefore, agrees to the following: (1) The CONTR i~TOR will no~dlsgriminaje against, ny amp 0'e'e or appl4lnt k for epp Rymant b ~ause,.of , ace, .color, religion sek"# national drfgln orb-Eamiliel,.t q~ .The CONrRXCIbR will take'raffira t~ve~► tii6n to,ensure` that applicants Who` are employed l,ie treatgd dull,nq employment without .regard to th¢¢ir rice#1:color, i" eligion,asex, national, Origins, oz familial stdtue~='coerning such e~plofrment, upgrading, demotion; or,transferl 'r2c vitment or recriiltment advertisingii layoff or termination:;rites of,pay &I their apprenticeship. the CONTRACTOR .it, to post, in conspicuous"places, available to both employees and applicants for employment, notices to be provided by j the CI'T'Y setting forth provisions of this nondiscrimina- tion clause. 121 The CONTRACTOR, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants will receive consideration for employment without reqard to race, color, religion, sex, national origin, or familial status. Z111e CONFLICT Of INTZREST A. CONTRKCroR covenants that neither it nor any member of its governing bddy presently has any interest, direct '46r indirect, which would conflict in any manner or degree with tha performance of services required to be performed under this Agreement. CON- TRACTOR further covenants that in the performance of this Agree- PAGE 7 ~tI A~ vr• 1 i went, no pera0n having such interest shall be employed or appointed ' as a member of its` governing body. B. CONTRJICT9R further covenants'.`, that ` no ' member 'Of. 1t-s governing' body; or Its staff, subCONTRACTORs or,'employe'es''sha11 possess any Interest in or use his position for 4 "purpose that'ta or gives the appearance of 'being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No4 gfEicer ' member, Qr gmployee of CITY aivl'no me its ggoverning body U{ exercises any function or resp$nsibi s in the; review 'or approval of"the'undertaking `,.or carrying out. of this Agreement shall (11 participate in, any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest] or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. Me POLITICAL OR SECTARIAN ACTIVITY A. gone of the''perfocmance rendered hereunder shall Involve any political activity lincludingg, but not limited to, any activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve or benefit in any, manner any sectartan or religious activity. XV. WARRANTIES CONTRACTOR represents and warrants that: All information, reports and data heretofore or hereafter A. requested b CITY and furnished to CITY, are complete and accurate as of the (ate shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B.: Any supporting financial statements heretofore requested by CITY 'and,furnished to CITY, 'are complete,' accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report`,' and the results of the operation for the period covered by tte report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business PAGE a 1 vti• or with the provisions of any existing indenture or agreement of r CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F, None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not € delinquent, except as sbown in the financial statements furnished { by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. XVI, ' COVZNANTS I~ A. During "the period of time that payment may be made here- i under and so"long a's any .payments remain unliquidated, CONTRACTOR shall not, without the' prior written consent of the Community Development Administrator or her authorized representatives (1}`` Mortgage] pledge,', or otherwise encumber 'or suffer to be encumbered, any of the assets of CONTRACTOR row owned°or hereafter acquired by it, or permit any pre-existing mortgag- es, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the perfor- mance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, asslan, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. i (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, persons entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenantst (1) That the property shall be used to meet one of the national objectives stated in 524 CFR 570 until August 31, 2006. PAGE 9 121. I r:•ir ~S f 's A , i ' 2) Tha Vuld CONTRACTOR transfer or"o;herwlse dispose of said pro rty pry" or before August 31, 2016, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expenditures of non-CD80 funds for acquisition of, or improve- Bent to, the property. C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office. XVII, MONITORING AND EVALUATION A. CITY 'shall perform on-site monitoring of CONTRACi'OR's performance under this Agreement. ? B, CONTRACTOR agree's that CITY may carry' 1'1 monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully'vith CITY In' the { development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct pr delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. i E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XV2I I . DIRECTORS' MEETINGS During'the term 6'uthis AgreemeA' &NTRACTOR sWl cause to be delivered to Cliy copies"of Alinotices of meetings of its Board of Directors] setting forth the'time and pplace thereaf. such notice,shall"be delivered to CITY in A timely manner to give adequate notice, and shall Include an agerdA and a brief descrip- tion of the 'matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. PAGE 10 /3. R r alx. NEPOTI M COTRACTOR shall nOt employ'in'any paid capacity any person who is a member 'of the 'immediate family of any person who is s currently employed by CONTRACTOR, or is a member o CONTRACTOR's governing board. The term 'member of immediate family$ includes wife, husband, eon, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, ( half-brother and half-sister. t SVSPEN8IC:i OY YUNDINO " f A, a VpQn~d"~er[ilnation by 'CITY ?of -C~ONTRACT6R8s;6ilure to timely and,1,pr`bperly;:perform each of .',the requirement`s time conditions and duties provided herein,,CITY, -without If6I(1ng"any rights itmiy,'othGorise hayef may," At its &i creti6ni and `upon ten j (10) work ing,Jdays",written notice t0 CONTRACTOR, withhold further payment s'to`CONTRACTOR.' Such notice may be given by mail to the Executive Officer" and the Board of Directors of CONTRACTCR, The notice shall set forth the default or failure alleged, and the action required for cure. B,: Th ' p Hod of 'shish suspension~ahaiI be of sue 'dura}ibn as is appropriate to accomplish corrective action; but in i66 event shall it. exceed thirty (30) calendar` days. At the' end of the suspension ppeeriod, if CITY determines the default or deficlency has been satisfied, CONTRACTOR may be restored to full compliance status ano paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section Mt. may be effectuated. zxI, TERMINATION A, Tke",CITY shall have the right to terminite'thii Agree- ment, in vhoW&', in"part, at any time whenever the CIrY determines that the CONTRACTORhas failed to comply with`any,term of this Agreement, The`CtrY shall notify the CONTRACTOR in writing thirty (30) days,prior,to the date of termination, the effective date of such termination, and in the case of partial termination, the portion of the Agreement to be terminated. Property shall be sub- ject to disposition. B. The CITY shall have the fright"to terminate this Agreement for convenience, in whole or in part, with the consent of CONTRAC- TOR and when both parties agree upon the termination conditions, including the effective date and the portion to be terminated. C, The CONTRACTOR shall have the right to terminate this Agreement for convenience, in whole or in part, by written noti- fication to the CITY, which shall include the reason for such termination, the effective date and the portion to be terminated. PAGE 1I11 ~T• t If, in the cfaee of a partial termination+ it to the determination of CITY that the remaining portion of the award is not sufficient to accomplish the project as described in the Work Statement, CITY may require that the entire grant be terminated. XXII, , a INDMNIFICATION ~ ik'; i~ ~"'Dtias2l; turd♦ria OQd 'and a`Qsl~d ,by; ~ par~i~s , hsr~to t t.CITY is Contru in with CoIiTRAC~'OR as as ndep audit coIT1'RRcTOR and that as suoh'C~?1RACTOR shall Revs and bold CITY, its offio"4irs,`agents and`saiployiea harialses from all liability of any nature or kind, including costs and expenses for$ or on account of, any claims, audit axaeptions demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any emtployeee agent or representative of i CONTRACTOR. Be CONTRACTOR, agr$H C'ProvAde" the defense.. for; Viand to ' indemnify and hold harmla ri CITY its agentso eii)loysss, or COK- TRACTORs from any aiid`all'olatmes suits causes of actiono demands, damage, losses, attornrys foes, ovensess and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employsess or VMTRAMRs. XXIII. NMICs For purposes of this Agreement all official communications and notices among the parties shall 1e deemed made as of the date mailed if sent postage paid to the parties and address set for below! TO C l TY a TO CONTRACTOR t City anager Director city oMf Denton Denton Affordable }sousing corporation 215 E. McKinney St. 405 S. Elm, Suite 304 Denton, Texas 76201 Denton, Texas 76201 XXIV. VMMz This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of 1996. PAGE 12 /5. i r;t sa~ CITY OF DENTON BY: , TED BENXVIDES, CITY MANAGER k ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORMI HERBERT L. PROUTYi CITY ATTORNEY BYt oAkd&`1 DENTON AFFORDABLE HOUSING CORPORATION ~ BOARD PRE IDENT ATTEST: SECRETARY t\~P~\~\ou'rArr.c } l { PAGE 13 i e r. { i ' r ATTACHMENT W t WORK STATEMENT Denton Affordable Housing Corporation 1 The Den on AffWable HCUeing Corporation ~•D71]i was developed to increase t' suppl",pf affordable housing th't a Denton area. The organizatibn'is esigned to carry out the following activities but ' is not limited 'to theses administration, rehabilitation, acquiei- tion new construction, tenant-based rental assistance and public e eeryEce programs, Expenditure +of 'City funds for housing projects i9 'limited' to project 3d6in`the 'city limits of Denton. DAHC's projects^and programs will primarily benefit low and moderate income households. Low and moderate income is defined as households below A0t of the area median income. p E)vaVs,Ipo .i.. The eissgU Raatii D sitioa Program is part of DAHC's At 0r • Nouaissg Opportunity Program. HOME funding in the amount 4f 11)3 i40 will be used in the Program. This program entails acquisi ion;of foreclosed properties from the US Department of HousingUrban Development and/or other entities. After acquisition, if neces- sary, the housing units are renovated and sold to HOME-eligible . househol do. The Mockinggh~rd L~sse`PrOjeet involves the development of 15 to 25 ,single-famiI' housing units on property donated and acquired by the )enton Affordable }causing Corporation. The project Includes acquisition of roperty`adjacent to the donated site off Mocking- bird Lane, proect planning, site development, construction and sale of the single family units. HOME funding of $45,500 will be providt3 to the Project. ~7. f ATTA'-'HXENT 'B• PROGRAM BUDGET Operating Budget Salaries, rent, utilities, telephone, supplies, postage, # and other eligible operating costs. $ 200000 ~ t i i Mockingbird Lane Project Project delivery expenses (personnel, supplies, tele i phcne,etc). $ 61500 Construction Costs (infrastructure and housing units) $ 39,000 TOTAL $ 45,500 0 e # 1 C c, S ATTACHMENT •C' SCHEDULE OF CONTRACT ACTIVITIES MOCKINGBIRD LANE HOUSING CONSTRUCTION 09I0L90 0144 00197 0744 iomt-97 alvtss MIA$ 07,Otr9s to to to b la to b to QY3tA7 06JG97 04 097 12!lL97 MM MOW MUM 17rdtr9s Pmpwf rAWsdlon Phase Project Plamtng Phase Proposal process ~ CONTRA07OR Setect;on Start Of Consfr eim 25% Completion 60% COmpleSon E 76% Comptetion t ConstrueGon MivteGon f wouskv Sates Hang Sales Complete HOMEOWNERSHIP OPPORTUNITY • SINGLE FAMILY DISPOSITION PROGRAM The Homeownership Opportunl y.Single Farru7y Disposk;6n' Program is an ongoing program. Homes are purchased rehabTtated and sold to ergbfe homeowners. Funds provided to DAHC under this program wit be spent iri a timely manner with at least 25% of a" funds spent on or before July 1, 1997 and 75% of funds spent on or before January 1, 1998. The remaining funds wU1',e expended prior to the end of the contract term. ~q. 44nds Na. 6' Zl, Upends item gi oat, December 17, 19% i f CITY COUNCIL AGENDA ITEM E I i TO: MAYOR AND MEIIMBERS OF THE CITY COUNCIL. f FROM: Ted Benavides, City Manager a SUBM": PRIMECYI TOWER LEASE AGREEMENT i RECOMMFMA77ON: j The Electric Utility staff recommends that the City Manager be authorLed to s4cm the attached Tower Lease Agreement with PrimeCo. i SUMMARY: Oa ' 'Au Deotfn, jt tle $~dvert or Com petiti ' Frs ~ e ~ a is! , m tM space on ~ cowned towersst 1' imeCo Pers. Conunaee~c #io subo t d th" rty' C highest bid hoducin the a=o~ r. =y - i prod' g gist aman(°gt repenut for the it}.~.Th e sites e~iiestcd hneneatet! utWzatio n were l cltenna Park tower and #h! Spencer Plant tower. (4ik", . , pon site exsueination, PnmeCo a eemed thi existing McKenna it 6 unsuitable I for their purpose. They ade a propose! tb"remove the aging g4ed tower at McKenna Park and replace it with a frelstarcring tower designed to have less visual Impact. The valu! of the tower space and tower sites would be applied to the original bid submitted by PrimeCo. When the value leased tower space I equaled the tower construction cost, the city would begin receiving revenue from PruneCo for the leased space. Respectfully submitted, Ted Benavides, City.anager Prepared by: Sharon Mays, Di recto Electric Utilities ..r ti1V ~Je 3 r i\NPOOCS\CRD\TOYERLSZ.C" J ORDINANCE NO. AN ORDINANCE ATJTFiORIZINO.THE CITY MANAGER TO EXECUTE A TOWER LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND DALLAS MTA, L.P. FOR PROPERTY LOCATED AT THE SPENCER RADIO TOWER AND THE XCKENNA PARK RADIO TOI%ER, DENTON* TEXASI AND PROVIDING FOR AN EFFECTIVE DATE. f WHEREAS# the Cf ty of Denton owns and operates several tower sites as part of iti public safety and utilities operations, which property le-located at the Spencer Radio Tower and the McKenna Park 1 Radio Tower, 'in Denton, Texas; and RHEREASi'on tug . r ~ ~ gust 28f` 1995''Denton Utf1~'tles4xad.ve rtised f0o'r competitive bids (W the"leasing of space on"towers owned-by.thd City of Denton. Dallaa NYA; L.F. a Delaw;re Limited Partnership, doing business as Prime CO Pdre4na Communications, L.P., submitted the highest bid, pioducing the largest amount.of revenue for the City of Denton. Dallas HTA, L.P. requested the McKenna Park Tower and the Spencer Tower site aor immediate utilization; and WEEREAS#',the City of Denton deslres't0 lease certain portions of each"bf the towers located on rte pi6pe"r'ty' al." the Spencer' Radio Tower. and the McKenna Radio Tower; to Dallas MTA, 1,. P., a Delaware f Limited. partnership in return for Dallas MTA, L.P, removing"Ihe existing guyed tower at McKenna Park and replacing It with a freestanding tower especially designed to have less visual irpact, which tower will be owned by the City of Denton; and the City will receive annual rental payments thereafter as provided by the Tower Lease; and WHEREAS,` Dallas MTA, L.P. desires to lease certain portions of the Spencer Radio Tower and the McKenna Park Radio Tower sites for use in its communications operations, and agrees to perform the covenants stated in the tower lease; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Tower Lease between the City of Denton and Dallas MTA, G,P., a copy of which lease is attached hereto and incorporated by reference herein. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ` day of 1996. JACK MILLER, 2IAYOP. I >ti ATTESTS JENNIFER WALTERS* CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS HERBERT L. PROUTYs CITY ATTORNEY i I BYs E i i r i 3. r•r v aj7 t. TOWER LF:ASF: THIS TQ1}TRLE15E(Lase')ientered into aofthis?=A)o!~s~em~. (946, by andbs7weeathecity of fknton, Texa% a Texas municipal corporation ("Lessee-) and Danis NITA, L P. ("Tenant'), a Delaware linked partnership, by and tM3ug3 its sole general partner, Perri Personal ccxnmunications, L. P. a Delawar e timited +i Partnership, formerly knou s as PCS PrcuaCc. L. P_ I The lessor osx as and operates ses oral lower sites as part of its pub! c safety and atilkics operations. is eons'rderatiots of the premises and of the in utual obligations and agreements in this Lease, the part its agree ask] 10% s: i II a The Lessor Is to titleholder of said tow et sites listed on MR)k "A" attached berets and made a part*( his tease for all PWPMSs tab ecl town sites are situated in the coudy of D% nton, State o! Test (`Lessor's itopetty7 as described on the r attached Exhibit'Al The parties agree that the legal descripirom of Lessors Property may be attached as Exbbit'Al'. =inched hereto and made a part of this L•au foe an purposes, after execution of this tease. l IL Tenan( hereby desirei to kase certain portions of Lessor's Prop" and terrain portions of each of the lout" a rm en') located tin Lessor's Pr6pcrty, sogethtt 'a ah aright of access and a right so install utilities thereon (she `Premises"). The Premises whkh are the subject of this Lease are situated substanf ally as showa on Exh(Cbit'A2', attached hereto and made a pail of this Least for all purposes, and %A respect so the spac es on the You ers, the locations rind o6ecti6mS are as set forth on Exhibit "A S' attached !antis Is Wit;^ Tenant shall halt the right to rocs cables and wires toiler, o% or and across Lessoi s property to connect Tcrwnt's equipment on the Towers io Tenants equipment ht Tenants facilities located on the Remises in location! which w ll be apprased by the Lessrx through its Executive Director of Lkilities (`Director'), w6kh approval shaft not be unreasonably withheld Tenant array part its vehicles on Lessors Property wbea Tenant is constructing. maintaining, removing. replxing a.,,d'or servicing Tenants eommunicz ions facilitita s3. Lesse and Tenant hereby agree that the Premises (including access rightsof•vray thereto but txc: sling the spaces on the Touct) mra) be suneyed by a licensed survtycr at the sole cost of Tenant. W such sunc)s shall then replace the r descriptions curtained in Exbbit'A2' and become part hereof and shall control to describe the Remises in the event of any discrepancies !amen such surveys and the descripticros contained in Exhibit 'A2-. I h. Lessor leases the Premises to Tenant pursuant to the terms an f conditions of this Lease. 1. Term j The initial terns of this Lease will be ten (10) years, commencing oat the first day of the month during whict this lease is executed. This Lease will automatically renew yearly with an auunnatic annual rental increase of sip percent (6'i) over the previous years rental rate. During the 30 day period bccinnma 120 days before the anniversary date of the initiar term, cx any renewal tcran, or automatic renewal of this Lease. tither part) may terminate this lease by written nwiee, which termination shall be effective upon such anrN crary date. 1 2. Premises i (A.) Access so each of Tenants equipment shelters situated on the Premises w ill be available so Tenant without Lessor's reprtscntative being present, on a 21 ?court a day. 7 days a meet basis. The Lessor grants so Tenant a non-exctusive easement foe the term of this Lease for unrestricted rights of access thereto and to the appropriate source of electric and telephone facilities, subject to the approvar of the lesser thrcnrch iii Dlrecfa)r. whose approv al shall not be unreasonabi) withheld. Access so any site which is con tdered to be a secured area Kitt require prior vcrba? notificatkm a Lessor's represent.rk a (or "lief I ine") to h determined by the l es,or. The teicph~xre numhr of the 24 hour Ilot Lint is: 817.30- 8400. Toner climbs u ill require Lts-or representati act and w in be scheduled only after to o hours notice to the Lessor during normal business hours. In the es ent of emergency access to the Touers. Tenant will b: giv cn the name of a contact person with l essor who is as ailahie 24 hours a day, 7 days a creel,, Tenant may h assessed a charge fix cm.Ygency access in~ amount equalto the brat expense incurred b) the 1 esscr fcx represcn•aticyr during such toner climbs. Tflil!~{b Prn~.n,~Cammw,i.~: irvo.. t. l7 :146 Pau r n ~ r ,t 5 Tenant will contract directly %kh a ton er etimbinI crew and a ill be responsible for all expenses. No loner climbing crew %ill be permined on the Towers x ik-.i tvior acceptance by the Lessor. Standards for acceptance by the lessor Ail include a liability insurance policy in the m in in irn amount of $11,00U,00. (B.) Equipment Shelter Space. Space for taut racks adjacent s, each of the Tou crs will be made axaitable to Tcnant at tack o(the sites specified in Exhibit "A", which is artached to and made a rant of this Lease for al purposes. I Real d (A.) Reataf ?a$mtals. la consa-ri ion of the tease of the Premises, Tenant agrees L, pay Lessor the rental sums based on I the monthly rates set forth of Ex 4bil'A" tot each Tow er. They shall be made as folloA s, I. V" )ear's rent due ao execution of this tease. 2. i'") ears rent shalt be calculated on a per-antenna'coax buffs at S03S per foot for tack foot above ground k, el E AGL7 to antenna eentert'me. Rent is due on the reeph-anni, enary of the commencement date of Ibis Lease (as set f ch is Paragraph I above} 4. Ott the annhcrsary of said commencement date, the yearly rent shall be increased by 66i over the prior year s rental I S. AN payments shall be payable to lessor at such address as designated by the Lessor to the Tenant in the manner fa notices set forth in Section 12 of this Lease. (B) Late Paymeats. If the yearly rent Is na paid by the annSicrsary date c the commencement date of tbis lease, interest shall acme at 13% monthly (l l' i anouath) on all drpaW amounts, subject to Section 1. This tare charge is am a wafx er of the Lessors right to declare the Lela rot defau% if payment of rent is as made *liea due, a to pursue any kcal a equ iubla remedies Lessor may ha%e to Beet damages a to requ:rt spec Sic performance of the tease. (C.) Other Ckarlea. Tenant agrees to pay additional charges, as spe,&el in this Lease, a ith:m 30 days forbu ing demand. Non-payment of additional charges wbea due shalt constitute a default under this tease so the same extent as w could non- payment of renL f 1 (U.) Utilities. Tenant % ill be respoasble for the installation and maintenance of air condii onrnt and heating for the premises. Tenant will be responsible for Tenants utilities at the Premises. of prox isions for emergency you rr are required, t Tenant %ill be responsible for the instarlation and maintenance of stand-by teneratxs as required 4. Temaat's Use of Premkts t i (A ) Tenant may ase the Premises to construct remose, replace, senke, maintain, secure and operate a communicacions facility, includine. aithout Ernkation, required antenna array (as such antenna array may be moolified, added to, cc substituted from time to tune) and antenna support structures, and for any other uses incidental thereto. Tenant mn construct a fence around the Premises. Each such antenna arm or antenna support str.,ture may be eonfreureJ as requested by Tenant from time to time, pro, idea Tenant obtains, pursuant to Paragraph 4.8, &Pl permits and approvals required by apptic able jurisdic6ons for such requested configuration. Lessor shall bne the right to approve plans for any improxements installed by Tenanton the Premises, suck sprroxal not to be unrnscmably ii hho:U; proNkIeJ that Lessor must Waif} Tenant cf t essor s approxat or disapproval of any such plans u ithin five (5) days after the submission of such plans by Tenant to essox. and in the exent that 1-css(' fairs W su naifx Tea xnt i eskx shah be deemed W hit appavx rd such plans. (lll ) Less x acknooolelies that Tenants ability to use the Premises for its intended purposes is continccnt upon Tenant *q obtainint and m iintainint. both before and after the commencement date, art of the certificates. permits, licenses and &61 ap04% (collecTNCt , "Goxcmmcntal Approxal ) that may be required by any federal state or kKal authority for the fixeeoing uses and imprmemems to the Premises desired by Tcnant. Lessor shalt promptly eoorcvate with Tcnant to Tenant's efforts W obtain such Goxerrtmenul Aprrvxats and shall tale no action that woulJ aJxersel) affect Tenants obtaining a mainuinint such Ckmernmental Approxals, pro%idcd. Tenant's use shall ra icterfore uith Lessor's use ofthe Premises in accordance u 6th 4ctkxn !rh l of this l case. (C.) Tenant mar mount up to a maximum of l2 antennas anJ the rovtssary eoax;al tines thereto at each of the Toners. f RaJ6 frequencies to be used by Tcnant w ill be 19D - 19x5 MIv for tran.mitting and 1150 • t965 Mint fix recta irg `1 Pdmot -rcrw nil municzonc.t P IIIIIIIIIIIIIIIF (D.) Tenant welt operate and maintain the antennas and associated electronic equipment, whether located on the Tom en cc m the equipment sheber, within spcctfKaeons and authorizatims of the elanufactufcn or the Federal Communications Cornmissioa ('FC('). The lessot wslttste rtasonable precaution to insure intetference problems do"inst. 110uever, , interference does occur, Tenant agrees to install lsolatos, circvlaton, or band pass tAers of equivalent, to Tenant's # equipment at Tenant's expense. Tenant shah conduct all Tenant's W6 Gies and operations under this Lease to assure that the f Lessor's public safety communications, utility Comm" cations and ytitity operations are c5vraied without obstruction or interference and that Cannot s txhcr fag ilia es on the Rcm ices ere net damaged a interfrnd wilt. h w ill be the responsibaic of the Tenant M rtsohc any conflict "ten these interests. lathe event resolution is not possible, this conflictof interests is grounds foe termination of the Lease by Lessor, and Tenant shatl be responsible foe any damages done to the Lessor's facilities. i If it is so determined that Tenant's tquipment h not operating is compliance %kh manufacturer' design specifications or within FCC rules and regulations, Tenant will immediately disconnect or ahtrw'6t terra'"t the operation of Tenant's I equipment that Is no( functioning wnhin the abose recited specifications and authorizations and will not pcrmit further operation of such equipment until it has beet repaired or restored so as to fanctim within such specifications and C authorizations. Tenant grants Lasso the right anJ authority lotake any action necessary lodisconnect o othem ise ttrm inate the operatics of any of Tenant's equipment causing v terferenee o signal degradat;om as srt forth :loose. If any of At Tom, on being utilized by Tenant is deemed structur unso whateser to ~ and, a public hazard a must be removed tut ~ asoet, Lessor grants Tcmant the rilU sa erect suitable tempoar? structure(s) at lot meal At subject Town until such time aslessor replaces oc repays the subject Toutf provided, "ner, aothinq kcreus shallever require Lessor W repair or reptaet the subject Tnru er, but in the event due Lessor fails to repair or replace the Tower within a reasonable time, f Tenant may declare the Lease in default Furthermarr, Tenant w ell base the right b «iocate oa said rrp(acemeW she at no additional cost to Tenant. if the subject ToA cr is permanently removed, them Tenant will have the right la erect Tenant's monopole at the approximate locatkm of the subject Tower and at & height and structural strength sadsfactcxy to Tenant. i (G) Lessor agree to provide an equipment shelter at the McKenna Park town she wkick meets the requirements of Tenant as speceficd in Exhrt+it 'AS'. 1f the lessor fails sa proside am adequate sheler within one week from the Stan of construction, the Tenant w ell have to right W install Tenants own shelter, which %11 support only Trnant's equipment, at the Remises. This slither will bt placed on the Premises on a mutually accept able locxi on in close proi®2y to the Toucr until ? such time as the Lessor eonstru(ts a permanent sheher or pliers an adequate prefabricated sheher at the McKenna Park tau cr sae. i la fiea ofrent for the McKenna Park tour site, Tenant hereby agrees to construct and donatt a sower as depicted in Exhlit `AJ', attached hereto and made a pa.1 of this least for all purpoes, for the mounting of Tenant's antennas and necessary i appurtenances thereto and to support Lessor's 600 anl(e to sling s)sttm and appurtenances. Some additional space on the Town w elf be made a%Oable t0 Lessor as mutually agreed by Tenant and 1 essor so long as tht addition does not crcatt a structural hazard. Also, additional eapaciy w ill be left a%aiiabie for the use of other communications installations. (See EOi'bu'A4" for loading Specifications Tenant further agrees to dismantle tht existing radio toner at the McKenna Park tou cr site Tenant shall be free to dispose of, scM cc otherwise utilize as the) Tenant sees ft. the dismantled tow cr within the guidelines of applicable law s At the termination of this ( ease, the McKenna Palk Tomcr a ill remain the sole propcrh of the Lessor, who w iM assume any management rote prey iousty held by the Tenant. The monthly rate on the Spencer Tower site w ill be S741 SO pcT month, to be paid in }early instaltment.s of SS910.0? (rn the commencement date ofthN beau, t. . #4nnafei, T ter-: •ei r s ` s r of l ge. 1,s 1 F•1 fit a+ t?rthr e~ ~ ;h;5 TiT It some future date as I ts,or has c,pubiljts to so and a,suming th,rt f n~ rd , I escw is allowed bs taw 1J Su A same. I esc,.r Shall offCr to Su iv fber-o tic intcrconned to c ui mcnt shakers at rrimdn ►crw,n,~airmiuni~.r.en..l t Il:"S5 t~_ c ? li ( C, McKenna Park Toy rr and the Spencer Tower fn a period of tine equal to the dura-ion of th is Lease and at no charge as described below', pros Wed, ho~a ever Tenant shaft red be obligated to accent such offer I. lessor aillproxWe a minimum of one (i)l 1)44 megabit DS•I termination from each Pri miser to the microwave equ%ment facilities is the Texas Women's University Clock Ttruer. Lessor sell proside an additional 1,544 megabit DS•I terminafioa at Tenant's request and expense tfiumg clot life of char Leau. n 2. Lessor ssli prmi& taenr)-four (24) bola a day, sevea (T) days a neck response to all Tenant's request for emergency support due W wtages associate) s iaTt the DS 1 equipment, and necessmy appurtenances thereto, to the Le" Sues. The Lessor guaramuees performance level of the DS-1 tgv*VmA:nt will be maintained at 99.975'o naiiability. Lessor Rill respond to any problems associate) tAM Tenant's DS•I equ'ipr=4 sithin IS minutes of i bein=rcpt fed Metstyfow (24) hoar a day, seven (7) days a seek sbea called at Ili :.466.3400. 3. Lessor walk at Tenant's request and expense, reconfi_gurv any circuit configuration pecessary to support Tenant's op"ions m the event Tenant should choose, cc lot forced lo, rekxate Tenant's point of interface from the Texas Women's VzJh emit) Clock Tower to a mkroSSax'e hub. 4. Lessor's support of the DS-1 terinbations and the fiber-optic tines thereto shall meet or exceed Tenant's requirements for such senice sbick are 99.97511 mailability at all times. S. Ereetioaof Amite as aad Repairs (.t) Repairs. AS costs for instaifaison and maintenance of Tenants equipment and antennas on the Twee or the Premises shall be Mme solely by Tenant. The installation on At Towers cc the antennas shah be made by Tenant using suitable drvkts commonly used is the industry, capable of bearing the stress and strain of the installation sithout s eakeaing or damalkil the Togas in any say shatsocser, lnstal1a6on a modfiicaiai plans must be submitted so and approred by the Lessor prior to any installation or modification b Tenants equips ent or antennas. w'tth tespect sothe Toren lowed ore Exhibit "A', Lessor may require Tcnant to pay for review and appioval of pans for antenna attachment by a mater im 4cir engineering firm. The lnstallataa and maintenance and'or rcmosal of Tenant's equipment and pci soaal property on the Premises sha4 be dare s ithcwt any damage, harm, and interruption cf any other ascds sen-roe, an,f Tenant &Crees to hold barmk'ss and indemnify lessor its officers, employers, agents ands contractors from any and all costs, expenses, actions, damages, claims and liability due to injury to any person or damage resulting from Tenant's utilization of the Premises. This indemnity shalt nor apply to any claims arising from the sole negligence or intentional m!sconJuct of the indemnified party. (a) Ahcration cc tmprvx orients by Tenant Tenant shaft not make, nor permtt to be made, any alterations, additions a improvements to the Premises s ithout Lessors pace mitten consent, Tenant shaft keep the Remises free f-ons any liens arising out of an y sort performed. materials furnished, or obligations incurred by cc for Tenant Truant shalt s ith in twenty (20) day s forknc ins the imposition of any suck ficn, cause the same so be nlecseJ of record by payment or posting of s proper bond No s ork Nhich 1 essor permits Tcnant io perform oar the Premises shall be deemed sobe for the use and benefit of i essor so that no mnhan e's or other lien sha11 be alloueJ against l ess x by reason of its consent to such sort. Lessor shall have the rieht to post napes that l essor is nct responsible for paymeru fix any such s ork. (C.) Removal of improvements. The antennas and associated equipment installed oo the Premises by Truant and paid fiv by Tmant unless they has a been so affixeJ that they h.n a became part of the PrCmises. shat remain the property cf Tenant and may be rcmos ed upon tht expiration of this ( case, provided (a) that any of such i cros may be rrmcvrd only if Tenant rcpaBs any damagt caused by such removal and restores the Premises to the conc'ition of the Remises prix to the installation and the commencement of the Leau, reasonable s ca. tear and damage by the elements excepted, and (b) that Tenant shall hart fully performeJ all of the covenants and agreements to be pAvmeJ by tenant he,nnder and that no paymenu are due or s all thereafter become due from tenant to I essor unskr the pros is'ons of this Leau. but in no case shall the equipment be rem.ned by Tenant or third party prior to the evpiratxm of this Least or until such, time as all monies due under this tease are paid in full, Up<m expiration of this tease, if tenant fails to remooe such items from the Premises %khi,t sixty (641 dins after dcmanJ by Lessor- all such equipment shall become the property cif ( essor. Tenant must eiv e I eSSor sixty (64) days' notice of removal of any equipment from the Toners and (r the Remises to avid disruption of i service of other uscts. Said rcmuvai stall be at a time and dine spec ified by i cssor and shall nut affect Tenant's obliestron~, under this I easa. r Prim.{n Ycr,on.~ (nmmuni~.pn i t P. „ vs • Pi,'c a i r t; Notice of ScIsedakd lsterroptioo. Lessor w ill Tixe Tenant testy -five (iS) day s' written Mice of any scheduled actixity ? iH~ willeause mtempt on of Tenant's actntes emergency situatkms excepted. Tenant shall be arfoued to ertty temporary facilities as prof ided in Paragraphs 4 (D. ) and 11. hereof. 1. Site MassgemeaL Tenant shall act as the manager for at] subsequent users *(the Tower; except Lessor, wlict shall act as is *us manager. Tenant shall rev'iew' all requests for use of the Towers to determine weraal intrrfererice and structural effect. Lessor shall resiew all requests. Rates for subsequent users shall be the same as set faith herein phis a # reasonAte management fee payable so Tenant Tenant and Lessor shall east son together to encoun t all subsequent j(J users to make reasonable use otthe Tow m and to etiun irate the need for additional syuctures in the subject areas. IL Notice of Default. In the exeot Tenant h is defauh under this Lease, Lessor shall give svrtteu notice thereof W Tenant. Except as so interference as described bert'uss and not%khstanding any other pravisioo bereiq Tenant sW cure said default x th in :0 day s faTiowing receipt of sa d not ce. If a subtenant h it defaulkso Tenant in Tenant's capacity as site manager (as described in Paragraph 1A k rill be the sole responsibility *(Tenant to pursue the cure of said defaul and to nicy she subtenant ifaccessary. Linder no circumstances wiTJ Tenant be considered in defaultso Lessor based oo any. subtenant's default status. Tersuination (f any of the fb%A ing occurs, Tenant shall have the right so ' notice to Lessor of such termination. snsrRtrfietely--trrminare this lease by giving days written ) Jy (A.) Tenant determines that t -oil be unable so obt-A after expending reasonable efforts, all nccessar) Gosernmental ~ Approvah for Tenant's intended use of and improvements to the Premises desired by Tenant; cc (13) Tenant's application for any Closcm,mcntal AWosals necessary for Tenant's use of the Remises and improvements desired by Tenant is denied, or I (C.) any Governmental Approvah necessary for Tenant's vv of tle.• Premises andor improvements so the Premises, whether now or hereafter desired by Tenant are canceled, exp re,, lapsed cr othcrwist w hhdrawrt, terminated or denied so that Tenant, in is reasonable judgment, determines that t will no longer be able to use the Premises for Tenants intended use; or j i (D.) tht fCC ailocates the frequencies at %bkh Tenant may operate its antennas and equipment and may from time to time I change such frequencies. Any change of this nature that, in Tenants reasonable judgment, renders its operation of it eommun cations facility at the Premises obsolete; or (E) if Tenant determines that the Premises has become unsuitable fix tenants operations due to changes in system or network design cc in the types of equipment used in such operations at the Premises become unprofnabie. Anv termination notice rendered b) Tenant pursuant so Paragraph 9 shall cause this Lease so expire tech the same force and effect as though the date set forth in such mice • ere the date orieinall) set as the exp:ratirn date of this Lease and the parties shatl make apffkTciate adjustment, as of such term inatkv date, w ith respect to pas mends due k) the other under Ni Lease. 10. ledemaity soil lowince (A.) Tenant beret) agrees so Wemnif) and hold Lessor harmless from and against an) red all claims of liabillt) fix personal injtry or propert) damage to the extent that the) result from or arise nut of (i) Tenant's breach of an) term or eonditk!n of this [ case on Tenant's part to be ob9ened of perf x-msd and cr (ii) the acts or om issions of Tenant. is agents and rmpAns es in. on cc about the Premises , excepting houeser, such claims or damages as ma) be dug to of caused soleh by the acts of tattisswns of I esscx. its employ ees or ants. Qrim.(n 1'.+u m.d (nnm um.,n ima. t. r it Ili To the extent permitted by tau, this indemnity shall not apply kit any claims arising faun the sole negligence or mteotional misconduct or the portion of the joint or concurrent negligence of the indsnnn!rwJ party. (bit) PuNie l.Wllty Insurance. Tenant snap trainta a public liability insurance at all times during the term of this Lease r xiA a company rated A• cc better by Beni rated carriers approved to do business in Texas by the Start Insurance Vo=isAv w ies personal inhay lim its of at least $1,000.000 fa damage to property snd bodily injury and death, cov ring At Premises and Tcnanfs use thered %ith eornparles, and m form, % sfmucy to the Lessor. Said policy of Wicies shall j name Lessor and Tenant as insureds and shalQ bear tudursements to the effect that the insurer a revs to notify : essoe not 3 less than thirty (3d) days in alliance of any modifscat" cc eanccftation thereof. Tcrunt shall duGver a cer fixate of insurance satisfactcvy so Lessor as proof that adequate insurance is in free. (C.) Lessor shag net N responsible ttir any interruption of-4-nice. unless it is due to negligence on the pat of Lessor. (D.) Nothing hereirs shalQ constitute a xaNcr dany defense the Ltssor or Tenant may have loan) cause of action or claun { brought under cc as a result of operations under this Lease inclwfing and x hhout l mita>ion At defense of gov eramentab immunity', allsuch defenses arc expressly reserved 1 ' 11. DawageandDestractios (A.~ Is the event that any of the Tow a and'oc At Remises are totally damaged cc destroyed by fire of other casualty, or so txtensively damaged due they earmot be restored x ith in 180 days to the condition as the same existed prior to sucb damage, ether party shah bait the right ta terminate this Lease by giving w tarea mice to the other of the exercise of this right within th'uty (yo) days following the occurrence of the fee or other casualty. la ro event shallLessor be resporsible for damages due to May occasioned in repairing such damage. Tenant shall bait the right to erect temporary, substitute facilities if any of the Toum and'or the Remises are rendered temporarily unsuitable for operation. Rent shall abait for any period that any ofthe Tow ers and cc Premises arc rendered unsuitable or unavailablt fee's enaat's use. (B.) Lessor shall not be responsible for any damage to Tenants equipment caused by vandali,.n, riot, xar, fire, accident, faihirc. or ad of Got. j ( Lessor rill ncN provide any insurance oa Tenant's equipment. If Tenant so desires, Tenant may maintain at Tenants + sole expense, any typ: of hazard insurance on all equipment keatedon the Premise. Tenant understands that in no way will Lessor be responsible for any loss to Tenant's equipment 12. NaAicts i All notices hereunder must be in xrkt tg ant, unless otherwise provided tercUt shall be deemed validly given if sent by cenY,cd mail, return receipt requested, adfressed as folrous (or to any other anaiEnt address xbicb the party w be notified may designate to the other party by such notice;, or by overnight delivery or as ctheraise provided under applicable state law. Should Lessor cc Tenant bait a change of address, the other party shall ilmediatety be %xified as provided in this Paragraph of such change. Unless Lessor othcrw ise specifws in writing, rent checks from Tenant shay N sent to the person listed lclom to whom notkcs are sent II f'elm.Sohr.mal(nR,m,in~. atl~n<.t r c:_, ti ra e r1 Tenant: Dallas WA, L. P. co 'Primp{o Personal Communications, L. P. j Address: 3221 N. O'Connor Bhd., Suite 1000 lrving,Texas 75039 Attn: NoM Texas • Site Doelopment Property Manager Telephone Number. (972) 537.3000 N nh a copy to: PtimeCo Personal Commun icatiM L.P. 1 s Address: 3221 N.O'Conna Sird., Suae 1000 F§ In in E. Texas 73039 i Attn: Soutbwest Region Legal Counsel retephoreNumber. (972)3)7.3000 Lessor: The City of Destoa, Texas Attu: Sharon May I Director of fketric Utilities Address: 901 Texts Street - Denton, Texs 76:41 Tetephone Nurnbcr. 117.56&6437 r Nish a copy to: City A=ney Address: City of DentoN Texas 21S Fast McKkney Denton, Texas 76'41 Telephone Number. 317-56&3333 13. ComPraoceiitlLaws I t The Tenant shall comply %hh in federal, state, local, taws, rules, regulations and ordinances applicable 1o the tetecommunications installation eoxtred bereunder, as they may now read or hereinafter, or amended. i 14. Veaoe This Agreement is entered into in the City Pnd County of Mnton, Teas and shall N goscmed by the taws of the State of ' Texas. 1'enue anrl;r.iifiction of ant suit or cause of action arising under cc in connection with this Lease shall be exclusixety in a cuun t xnpetcnt jurisdiction sitting in 0.nton County, TCxaS. j r r ~f / PrSrrdr~ P -rn.~ r ommunkatirrnr.. i. P 0 Il:SL~ P~~: r - - - - - I WITNESS WHEREOF, the parties ha%t executed this Lease as of the date herein abo%c stated. LESSOR: CITY OF DENTON, TEXAS By. Printed Name: Ted BcP3%ides Title: City Nlanager IE f ' 1 TENANT: D l ~1TA, L P a Delaware IimiteJ partnership, by it; sole Fencral partner, R tlEC P AL C ~1~1UN1CATIOVS, L. P., a Detawate limited partnership By: i Print M Name: Do Tale: erect • Site Dzick,pmcnt i , FMEWED BYY. ~.•S G 1 PRIMECO IFRAt DEPARTMENT i Prim,'. o►ev,nal(cnmmini xInns.t.P / l• 1! 91 hale t rr! a:~ r i NOTARIES - ,**1E.IORANDtJ**1 OF LEASE AGREEMENT STATE OF } COC'ATY CF The furegoinr insm=..t4 as utnouledged bcfim me this _day of. . 199 O by a O by as of . a enrpllri[ga, i oa bchaf od tAe [orpwatiod O by panne Ica agent) oa ►ebalf of a pasmmsjp fL-Sie Y personally tnowa b mt m tas produced a a }dentifcatlon. i i \TFIY NOT.\ASAL VAL) "FKl\L NPOTARY SK'i. ' knW) NOTARY PIBLIC-STATE OF _ E tdy ccmmissiua expire: VAIN TM TYPED OR ST.111PED *001E OF NDT.UIT) j i COb(WSSR)h{ N1bIIiEA. i STATE OF TtXAS V C N7T OF D,,LLIAt `t' {E no Sarcroind mswment as actws redged h•ftvs me AisLq do of" ~ U tAv.6 r- . 1944~ by Dmilas Ad m a: Dircaut • Site DeNthipmem } of PrimeCa ►asonaf Communicrions, L.I. a 0.1x, are limited partxrsrip, a to wle rcncral partner of Was Yd7A, E.I, a Drl^vc limited pannenhip, oil kbalf of Was MI A E.I. M is pcrsnnafly tnoua la me. j W FIX %OTARLAL SEAL 1 f.L jOFF1ttU. NOTARY S14tUL"ILE) NOTARYn11LIC-STATECF T_AAS /'~OAfrE11E f. MTEfEYEq IIRL\T£D. TYPED OR STAt1PED N \YC CfF P:OT.U1T) j Sfl 0SASSIM DONS ApA 0, 2000 i ~I I I f T.! (i.\I 100.11 R7 7I fxvi l F.\Rf • D.11 ! 1Y p.j ! :0.95 rr! a~ r S EXHIBIT "A" 1- Speacer Radio Tower Eq4me1a a be kLNl lled: Pcnmal Communi,.Xions Sm ices (PCS) transmitting and recciv ing equ;pmLK t, arnsisting of radio transceis crs. bamres, ratifiers and ancPx) equipment. ~ App(icatioo and frcquenc~ ; Pi'S (.1-D1ock, 135a 1363 \91x, 193U-193! 141x) An(en m 9 D 134SAI (npicaf st; kl t54&xx ccnitil ne lappratima eh 143.150 kvt AGi) Frcdlimm 9 runs of 1.1T coat 2. %IcKtmm& Part Rod's Tower Fqu pmeot W be mst;(Ied: Pcraonal Communicarioas Scrs ices 1PC5) transmitting and receiving equipment consisting of radio tramcri s en, barerrs, mCf-ers, and ancglxy eqc ip mcnt Appficalionandfrcqucnc}: PCS(,t-blat:1130136314I~ 193?194314 ix) Antennas: 9D©930E1(1Spicalst)lcT 150-fmceaterlinc(approtimarcl t45-l!OfeLtAG1J Feedlirea: 9 nuts of t-5. g' coat i i Yi r r i PriM A 0 hr.n n.k Ommun i' m ii•a+.I ~3 ►agr 9 i S, FNHIBIT ":11" LEGAL DESCRIM WN OF LESSOR'S PROPERTY r Site.krajun as'5 ja.er" V! Ctat crrta:a text tor farad of tan,! sitar e! is fknt+~ Covar . f c%as..0-Amt I ' # "Tires S~nLt eat of . e City of Eteaton, and bring pars of a 63'1 acre suety pateated to Mary I< Austir on April i, 11% paten No. 1059. Velutnt I?. Abs7sct No. 1 and being a part o! the tract tome}ed 0 1. H Subtctr. bt T. (j RatcUf anJ a ife b) deeJ dated the 3 t of )wt. 1911. and;-corded in % of. S.I. rauc 7 cf the MA Re offs of 0.rtcrs Counh. Tesas. &scribed 5: meta and bounds as fo3ous: dEGINNiNG at the Nonhext farce corner of the tradof land co•n neJ b} Rncti tto ti b r, r, states •resame being on the South hundarl Fee of a land rune ii¢ alne the North b. un,.an fine cf tract t.x,ccsed bar RatcI. iff to Subhti a or nea, the Nonhe.st comer therr>.'. ! THE\'CE North We erces •fest !60 ` saran with fume nJ with 6- S,+uth be inlan line of $a Lye to I Stake for correr: I THENCE South 2 degrees 1l to :62 5 varas to a stake fa comeron the Northeast bounJar% line of a public road:i i I THENCE South 49 decrees If minutes East 13 ,9 sans v,ithfence and \N*01,t h!un.fan Zinc et' I ~ said public road to a fen:- carrw: j 114ENCE South $I Jesees iast':o saris with fence and uith the Nmh Nundan tine of a public road which runs along th; No h A•urd.u, tine of said tract comc%cJ bu Rat6f.1. to Sublea. can a'sr„ 1 1HENCE North I dr;re sp minute: U i F?.' sara; to tha pta.e rf be_inrl-;, an 53 acres of land, i I 1 3 i V •Y1 f Sits! known as `McKenna Part' s All that certain trail cc parcel of land situated in the County of Denton, State of Texas, and being a part of 1 the Robert Beaumont Survey and being more particularl;• described as fonlows: { BEGINNING it the Southwest corner of the Robert Beaumont Survey at a point 1311.3 vrs East of the Northwest corner of the Eugene Puchalski Survey i3 the North boundary line of the same at a post and pile *frock in the West border of the Cross-Timbers and at a point known as McLflin's Point from which a P.O. bes North 90 deg. East 3 vrs, another brs North 24 dea. East g %M THENCE East 302.3 v rs to & point for corner, said point be roll 20 feet East of the Southwest comer of a 15 we tract deeded by R. H. Ewing and wife M. E. Es sing to D. L_ Wilkins; THENCE North and parallel with said D. L Wilkins West boundary line 329 IA vrs to a point for corner, said point being 20 feet West of the Northwest corner of said Wilkins tract THENCE West 302.3 vrs a point for corner, s THENCE South 325 Y. vrs along the West boundary Tine of said Beaumont Survey to place of beg'i atng and containing I g acres of land more cc less and being the same tract of land conveyed to us by j R. K Ewing and wife M. E. Ewing by deed dated November 27, A.D., 1909, recorded is Volume 112. l page 215, of the Deed Records of Denton Country, Texas. W 1} 1 t f i E Pa_e 1 of 2 f1l L. ~S R 1 E ~ i ( I Zt 1 tr aky r.~i .a s.rr ♦r r.s rr~~.• .~:'~^..r n..wr t !r1':1 t" . 100 R t a,A.1 w y . .w r~ M1 - ~ .I . • Nf. r -0-0 IT- 0 r i~eua'tv~7•I tI prQ w Lt E 2 1"r.: a r........^ i W ' 1 iw9 Y1i/PM a r ~ ~ ~ ,mot. ^ 1 ^ j j' CAST p/ .r v u ~ ~ ~ I Ply _ - ~ An~il::::°r Ali ~ ~~r .t 1j ~r i~;1~•• ~ ` • ^ c~~ ZCNIMG'~V•,0 ! 1 N . `w4 ; M I M v .YR L! CIMNn[~1C 1 I I ! - /!Y I Yy G; 11r \ ~•..,w ` I - 1 ~i3nrm IRInPr`s®Prr uMtrl . ~r\,~` # 1 • ' \ .~K a t• tm ! MGO. 2+~DA Co~frtri. tuf S" f VIX, 136 TL' _ r~ CLOC/..V Li[ aL70L'1C2 L am, ~,ag OR M000 PERSONA; CCuvUNICATCNS 2A9ACCR2NT. MC. ' \ rt~ ` J ~".•'1"7iS NT Y. 2Ru nDRDo rXA1vAAD wm my 4NN-arf rr I..f w trn °.:'i (1 •I',7:f_yy7D •+Y ~1'717f JD ...r nr• I t r!L Kit ~i•reQ, 7 { i t ~lT77 1 Tt /1 tin LIN W r } [ TSt ~.~'~~5; 23a'`1 Nozis Dot 7006 Lit 6fra7l♦[ 17111[ SFC~~Oi+ C.l.[f Sf C'Y_'. t~~:Sr- CA3,Nv l4• IOSII O\ %Y P 1 tY ire _ _ L • - - a•_ - ' ~ U'f M M •4170 [OruS[wr,rw6 1rt p~'i~ e" IK.~ Owl. p f\ nor' taw r f~[-•'+DV i[OGRa►iLL[ R[!9l'!I[[ i ♦ \0r t0 He 2o AC. ! O ` tfrD006'f S7![ R [D%N(Jf %VI'S 1000 ~••p rya wr 'ra w-ur+ } 7/1M II v'%i. *1*AS •S 11 77071 .\v-. «n (l+71317 •l000 jN71J3 /-Si37 • Y \ .r ' k I•vrlfn \..o +•►r~N~,.~..i1i O fI fDWiw ta0 nb 7 N-~ I "-W J+r f 'J .z qvr al.v s.~wwa. rvN1t OE1~n\_a h ~-i,i. wf r•M s. .r•wpa. eem~l•s~r+ro 3 1.11 M* `J OL C1 n0 E ~ r.aw. ntv it . t • !I.rr \ He uw..o 7 ~ Ij MCy' t."m M 1J. w F r~Y lr~1wM CIE il:rvrrwr f 1.'HN 1 r~✓.1.`rA IJ. r a1r r E • C-3. tt q T.H.. I 1 r ' I.Trr \ \'v \lr0 ILI' rp w 1••T•a f Iv M . u r atr r 1L{ ~ fur v a1_r i . IgytFt SECTCN At L EE 1 41_r It 717171 ? n.~.--ate t_A maw ?L ' EUneils "DIY 1 IAtt s ql f y YE t mm p1.w F.; TdSJE4 ELEVI~TIGU ~s~e•AU. r1a t9~' S, w. TOWER nura ew rr v T w M f s 4ir.r..a. I~~►. ► rQuM oeNrpry TLxA6 nwr r~caL• IIROO ~ .lw wue• Iu.lam~•1rr~•\'b ` ,•ororv rF ww Icb•• 1.rMM F ~ 1T F. ~y I,c~ ini.., Ltr V NJ biK LF.pr, 1'y`~ .rFr 1'nerw anrn• J~ MaAA . Lrv. Y r i ...._.:4 tawr ut Try i Ltrr.irvy t r.a Q A, A<,. F LOY. ArIFI, rawro 4ii,ma...•r•. .r-a } ~ ravrn . ur w S • i ILI. ~ 7f urerow rera.• r.n r. m Ia.. a Taro .F..n.. ma «~ti«.• A 7 _ _ Foaro, LN.• E f ~a.or> ~+ow w • •.rlr'r4 i i rf i. 1Y 1a0~,M.ur 6NM _ tr Fr j .aaorm w Ir ' w r M Jcve Wn w i ro 1 .M1O.+CM• tA/t.br l W Mt.. ~ , 1 ~ ta.i Y.! rmi • s r ro n rare w •w n• !ur • ~ . wra~n . rar Y ,f. rs .Iar*• , a Kr ✓.r msi ~ s i _ tr err b~ M~ raw ~a.r~.1 i naw•r w ,rnr• Qur r ' T w~+u LnoFr.•.ar ~ ~ ,ri'• LN r . a art ba0,'~P~ ro r, Fe41rc Ftr tyr• _ N I r1Y0ra. ~ LLlv4tIOL Sol ERNI54T$ •Ar A 'Ae PAGE 1 EN P 1[nirl ElN H~~a1 R , ' AMTS 1()6EQ • SLfVATi01~ w.r n tr tar !J wtouaal'l a% 9A 3E1 ~*ro o./a. Ita to a 'rpo OWE s E~1 a 1, tirei rA rCAIAYAL, Inc a n r+r If 2 Lot .astireA 7,aa U rnl n r,•r pEr7yl ) , r,\*POOCC V~s~nawnms. sas 11per0a N0. 4enda Item N,e RESOLUTION NO. SS' UTION F THE CITY OF OF ASSETS FROM DENTON' TEXAS APPROVING THE AGREEMENT FOR THE F4 & FOUNDATION, INC. TO THE FLOW HEALTH` CARE -FOUNDATION* INC. SUBJECT TO THE CONDITIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. i k WHEREAS, Flow Foundation, Inc. ('Flow Foundation') is a Texas Corporation and successor to Flow Memorial Hospital Foundation, f Inc.t and WHEREAS, Flow Health Care Foundation, Inch ('Flow Health Care') is r: Texas Corporation and successor to Flow Regional Medical Center, Inc., a successor to Flow Memorial Hospitals and . a,3 WHEREAS,' both,Floy Foundation and Flow Health Care wish to enter`°fpto an 'agreement for transfer of all assets of Flow Foundation' to Flow Health Care in order to provide and stimulate high quality' hospital and medical care for the people of Denton County-Texasp and WHEREAS the, Cat bf~D~ntbn' 3a `c n~~nu~ng dF,y f eq t lle;on !hb as ek of the; former F1 o4r;#t tonal Nedic'allcenE rr tno, by irtde` that' onec~rot--' 61e 5in Deed ofFTruat dated January, d for tliVvii6fit of the` CIE", which" bie l' ok T Tru4 sl s ut rer ed c!§ Flow s of ust Is in ' Volumeyl64tGage X81 of the Official Real PropertjpaRecords of Denton ; Coun~yEs, Texas) R: chef One certain .a amended and -r$et'a~'ed Securi(j1 )4, em, t on the=14th day"6f;rebruar)T gf ~9 by Flaw in'favdr' of the Cityj and that one certi n " Aii, f GiquIda. tion, a amended and'as confirmed by 'order confirming`plan`of liquidation,dfFlow.Regional' Medical Center, Inc. (the -•Planl) dated `040, in case No. 82-42099 in the United States Bankruptcy Court for the Eastern District of Texas, styled in res Flow Regional Medical Centers hereinafter referred to as 'continu- ing liens; and WHEREAS, on thik 16th day of February, 1993# the City of Denton and Fiav"Health Care along with First State Bank nf Texas, entered into that certain escrow agreement by and among the City of Denton, Flow Health Care Foundation, Inc. and First State Bank of Texas (Escrow Agreement) by placing certain assets regarding said lien with the escrow agent] and WHEREAS, the City Council deems it in the public interest to approve the agreement for transfer of assets subject to the conditions of this resolution. THE CITY COUNCIL OF THE CITY OF rENTON HEREBY RESOLVES: SECTION 1. That the City Council hereby approves the Agreement for Transfer of Assets from Flow Foundation to Floc, Health Cate a i r In the form of the attached agreement which Is made a part of this resolution for all purposes subject to the following conditionst y 1. That Flow Health Care's Board of Directors accept and r execute the Transfer Agreement, and 2, adversely Impactethe 4nt-ihill nli n eway I stablished bushed In in theDeed of Trust, Security.hgreement and other documents -described above and Flow Health Care shall remain fully obligated under the Escrow Agreement, and 3. That ; within° hinet . ~ r f y (90);days from the effective date 'of this Resolution that repre`aentitibes"of the'Cit and Fiow Health Car'e'shall, meet to determine If there are &nJ essets other than; the assets` described to the Escrow,Aoreement still'subject to the City's continuing lien and,-'If there are any such assets, the parties shall enter Into an agregment'W provide for segregation and accounting of those asaete In accordance with the City0v Internal Auditor's concerns. SECTION II. That a complete and correct sign,Copy Of this resolution shall constitute adequate evidence of the Transfer i Agreement as required by; Section D of Section II of the Transfer j Agreement gad the City Attorney Is directed to provide true and i correct copies of such Resolution to representatives of Flow j Foundation and Flow Health Care. SECTION 'III That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. 1 1 i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYr APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY BY$ z. 4 i THE STATE OF TEXAS ) COUNTY OF DENTON j I. RaS:IT11I.g These facts exist: a t 1. Flow Foundation, Inc. fRFlow Foundation') is a Texaf. corporation and successor to Flo. Memorial ;iospital Foundation, Inc. 2. Flow Health Care Foundation, inc. (■Flow Health Care") is a Texas corporation and successor to Flow Regional Medical Center, ± Inc., a successor to Flow Memorial Hospital. 3. Both Flow Foundation and Flaw Health Care are olassified as charitable organisations under the internal Revenue Code, and both have tax exempt statue under section 501(0)(3), internal Revenue Code. P 1 80 Flow Foundation and Flow Health Care have the common goal, purpose, and objective to provide and stimulate high quality hospital and medical care for the people of Denton County, Texas. I 5. During its existence, Flow Memorial Hospital was'the principal beneficiary of both Flow Foundation and Flow Health Care. s. Flow Memorial Hospital ceased to effectively exist on or about Docembar 31, 1987, and was succeede-d by Flow Regional Medical Center, Inc. which ceased to effectively exist in about September, 1988. 7. Article VI, Section 1, of U-..e by-laws of Flow Foundation Agreement for Transfer of Assets Page 1 3. t N.~ provides, in relevant part, As followsi. Upon diasolutior~~ ,tithe Boarc! o Directors shall ; . . delayer the remaining assets of the oorpuration to low Regional'Medical ;enter$!Inc.'J)"+provided it'shill' then be a ■charltsble organisations as that'Ci" 'ii a*64'difin d by the Intents!' Re'*enue ' Code, and iii l 1. tba ; event' Flow Reglonal;:Medical Centers Ino.,' is not a !Charitable organisation" as so' defined' tha , ild iisaini ig assets shall be delivered in equal a~tarsa to the city of Denton, Texas# and`County of Denton$ 1'exasf'and b!' used by Flow Regional Medical Center, Ines 0 Or the City of Denton, Texas, and the county of Denton, Texas as the case my be, for the furtherance of projects In line with the purposes for which this corporation was created. s. Flow Foundation has concluded that its stated purposes can beat be carried ont by transfer of its assets to Flow Health ' Care upon terms and conditions, and in accordance with covenants, provisions and agreements as set forth hereafter. } r 90 Flow Fcundation's assets are liquid) carry a current value of approximately $1,360,814.561 and are generally identified in ~ i Exhibit wA" attached hereto and made a part hereof for all purposes. II. ,y NOW, THEREFORE, EEON ALL MEN BY THESE PRESENM For and in ocnsideration of the premises, Flow Foundation and Flow Health Care do hereby agree as hereinafter set forth. 1LITH ESBETH t i (A.) Flow Foundation agrees to transfer, and Flow Health Care agrees to accept, all of the assets et Flow Foundation in existence at date of transfer, after full payment of all debts and expenses owed by Flow Foundation, provided and conditioned as follownt Agreement for Transfer of Assets Page 2 T• 1 ) r, (1,) Flow Health care will amend its by-laws es necessary to eliminate the right and power of the Doard of Advisors to recommend appointments, or to make appointments, to the Board of Trustees, for any purpose, i s Flow Health Care will amend its by-laws to provide l Y fora Board of Trustees consisting of seven (7) members, and i t obtain the resignation from office of all current members of j the Board of Trustees, excepting four (4) current members ' thereof. e r (3,) Flow Health Care will amend its by-laws to provide that Flow Foundation will appoint three (3) members to the new r E Board of Trustees of Flow Health Care. (4.) Flcr Health Care will amend its by-laws to provide C that after creation of the new Board of Trusteee, terms of office for the members be set, and subsequent vacancies filled by appointments made by the Board of Trustees. (B.) Flow Health care agrees that at all times during a period of five (5) years following the date of transfer of assets to it by Flow Foundation, that it will keep all of such assets in account(s) separate and apart from t1he other funds and accounts of Flow Health Care. During such five (5) year period, upon request, and with reasonable notice having first been given, Flow Health Care will provide Flow Foundation a verified accounting for such assets transferred, reflecting receipts, disbursements, and balance of assets remaining. Request fo: such accounting shall not be made Agreement for Transfer of Assets page 3 5 j e more frequently that seal-annually following date of transfer of assets. Flow Health Care shall provide such accounting to Flow Foundation not less often than annually following date of transfer of assets, regardless of whether such accounting has been requested. (C.) At all times during the period of five (S) years following the date of transfer of assets, Flow Health Care agrees to indemnify and save Flow Foundation, its officers, directors and agents, completely harmless of and from any and all suits, losses, i damages, claims, expenses, or liability asserted against them, jointly or Individually, in connection with the transfer of assets herein called for. A written indemnity agreement will be prepared and presented to Flow Foundation prior to transfer of assets, and E F t If satisfactory to Flow Foundation, duly signed and acknowledged by Flow Health Care. It the parties tell to reach agreement for the terms and provisions of the indemnity agreement, for whatever reason end regardless of fault, this agreement shall be void. (D.) The consummation of this agreement is strictly } conditioned and subject to Flow Foundation having received from the } City of Denton, Texas and County of Denton, Texas, written approval ' of this agreement; and such 'written approval" shall be in the form and with content satisfactory to Flow Foundation. (E.) The "date of transfer" or "date of transfer of asseta■, r as those terms are used herein, shall be a date designated by.Flow Foundation within the thirty (30) day peri.xl next following receipt by Flow Foundation of the 'written approval" from the City of Agreement for Transfer of Assets Page 4 l Denton, Texas and County of Denton as mentioned in paragraph (D.) above. Flow Foundation shall notify Flow Health Care, in writing, at least ten (10) days in advance, of the date, time and place for the closing and consummation of this agreement, including transfer of assets. SIGNED on the dates of our respective acknowledgments hereto. i YLOW FOUODATION, INC. FLOW HEALTH CARE FOUNDATION, ; INC. ¢ Bye Sy! f Ro iseant,-Director Ann Poaykal, Trustee f s Bye Sennettj 94rks Director Bettye Myers, Trustee Bye _ K. He Midgett, Dir for Dorothj Daadco, Trust" t c By Bye Lou I , Director Roland Vela, Trustee i Bye Bye F Ken n, Director 1. Conrad Part, Truacae a { Bye BYe Arvin Short, Director James W. Giese, Trustee t a 4 Bye b Karen Wilson, Trustee 1 E Bye # David Borschor, Trustee i r Bye - Lonnie Yarbrough, Trustes Agreement for Transfer of Assets Page 5 d, 4 'J THE STATE OF TEXAS ) Thls instrument was acknowledged before me by ROBERT CROISSANT, Director of Flow Foundation, Inc, on - , 1596. y Notary Public, Stats of Texaa t THE STATE OF TEXAS ) E This Instrument was acknowledged before Director of Flow Foundation, Inc, on by 98NNETT KIRK, , 1996. ~ { tl Notary Publiof State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before me by N. M. MIDCETT, Director of Flow Foundation, Inc, on 19964 Notary Public, State of Texas THE STATE OF TEXAS ) This instrument wa.I acknowledged before w Director of Flow Foundation, Inc. on LOU NELSON, 1996. yy 4 Notary Public, State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before as by KEN NEMMAN, Director of Flow Foundation, Inc, on , 1996. i~ d Notary Public-, State of Texas 1 t Agreement for Transfer of Assets Page 6 a ; 0. 1 THE STATE OF TEXAS ) This Instrument was acknowledged before se by ARVIN SHOPT, blre.tor of Flow Foundation, Inc. on 1996. r Notary Public, Stata of Taxas THE STATE OF TEXAS ) i This Instrument was acknowledged before me by ANl1 POMYKAL, Trustee of Flow Health Care Fiwndation, Inc. on N , 1996. j THE STATE OF TLPA.4 Notary Publia, Stat• o! Texas I ~ This instr") ~ umrnt was acknowledged Getore N by S217rig MYERS, Trustee of Flow Health Care Foundation, Inc. on , 1996. ! i i Notary Public, State of Texas THE STATE OF TEXAS ) f This Instrument was acknowledged before me Trustee . of Flow Health Care Foundationby th ,DOroI QDasicon 1496. Notary Public. State of Texas THE STATE OF TEXAS ) Trustee Instrument sea acknowledged before Flow was tinny ROLAN Inc. VB on 1996. ± i Nutary Public, State of Texas f Agreement for Transfer of Assets page 7 9. Y i THE STATE OF TEXAS ) This instrument was acknowledged before as by t. Conrad Part,, Trustee of Flow Health Care Foundation, Inc. on 19". j l Notary Public, state of texas THE STATE OF TEXAS ) This instrument was acknowledged before se by JAMBS W. GIESE# Trustee of Flow Health Care Foundation, Inc. on i 1996. i 1 Notary Public, State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before no by KA3= WILSON, i Trustee of Flow Health Care Foundation, Inc. on 1996. i Notary Public, state of Texas THE STATE OF TEXAS ) This instrument was acknowledged before as by DAVID BORSCHOR, 9 Trustee of Flow Health Care Foundation, Ina6 on 1996. f r THE STATE OF TEXAS Notary Public, State of Texas ) This instrument was acknowledged before me by LONNIE YARBROUGH, Trustee of Flow Health care Foundation, Inc. on 1996. 1 i Notary Public, State of Texas i i Agreement for Transfer of Assets Page a /0 LrHIlIT •A" i nAw FOUND"rop OUWARY OV AMSWf 11-6-96 s am* am AbOOMt 0933400434 24, 199.iSr ' firs! f sal' "TLn" co f106601301 1000000600 CD !0100003033 46~4la.1i F CD ~31i2001108 81,337.66 A=Omt 001-0102747: alow d out Firpt stale am* of Tame CD 3110341 6120465,13 T fs4471 271620.02 ~rl 18,335.67 E Aooor•t $4124030 220,417913 "MucMd ~ va"On51 Bank of samw co /i4 1m3~7i0.i1 fsidk 0onk OD 172161 153,')02.34 Provident MBk CD /13131 260736.90 1 I ~ 010073 101/705.71 ~~19a4a 01001 1"8942,40 00 sdaras x ftom7 an 5tAmk Rr1'1'At $l i 310 ~ 014. b6 s i INDBKNITY AGREBlIS!IT C%AFt i q,. FIQFL EALTH I~RE> OMATIONi INQ, 'shaindamnicy ;a old harmless FL( ~OIJNDJITIO iroNeji Its dltgct6re?{officers agents and eaplopaes trim all , sui-sl sR a~tioi+a ~ - lasses ~ demagea} . olaias ~ Qs liability,ariainq tOyNDATIONi6INCitt 4 LYIIHEAL tQ the.transfer,gf Conn assetstroA FLQF { TH CARE ~'OVNDATION INC. of arils charactsr",,tjti or description y Any reference Iii-this agqreement to'`FLOW FOUFDATIONr INC, shall "Include its directors, officerso aq'ents and espployyeeso h Indemnification choll also be against' all expenses" inoludinq i+itbout limitation, attorney's fees, s court costs,'exparL witness, fees$ 'judgments, decrees, fines, penalties, and any other reasoneble expense actually incurred by any person In connection with the proceeding. t, r 4 , t e ; and sFhL~Oil~f 1 FOUNDATIONt INC4 'shall nod ~e liable or responsible tors bs~; saved and held harmless.. by FLOW. HEALTH` CARE FOUNDATION,' 100, from and agqainst- any, and ell suits; actions loseesy'damayea,' clause or liability of any charscter#' type' or descripEion~' iraliiding all expenses of litigation, axn~t 0081J46 0ste~ and attorney's foes arising in connection with or related to the trensfer'of assets from FLOW FOUNDATION, INC. to FLOW HEALTH CARE FOUNDA?ION, INC• it s t~g expr ese Intent, of "ii"rUigs-to 1~1s agreement j that th M'inds"eriity pmiid6d for herein'is An indemnity extended.by FLOW HEALTWCARE~rOUKDATION, INC. toiAnde.nify and;'protect FLAW FOUNDATION'' INC;" A froa the consequences Of . FLAW FI,`UND, TION, INC$$s i own neglig:nbe"' or`Any'other action determined to be improper In any canner, In :connection with the transfer of the assets ; contemplated by this agreement. fli.. r{s !Y.°t* ii'"-` 1 FL t- lfiiALTH CARE FOUNDATION,'INC.' further agrees tbldefendi at i its own e4inse aril 'M befial f 'Gf FLOW FOUNDATIOM# IN04 Arid in . the name of FLAN FOUNDATION] INC.# any claim or litigation brtught in connection with the transfer of assets from FLAW FOUNDATI6N,-INC. to FLOW HEALTH CARE FOUNDATION, INC., a,ed FLAW FOUNDATIONJ, INC. r shall have the right and privilege to name and appoint its attorney(s). s Dated this day of 1996. FLAW HEALTH CARE FOUNDATION, INC. i i I ayr _ Ann oomykal, Trustee indemnity Agreement Page 1 M. { Bye Bettye Myers, Trustee Bye k Kenneth Ford, Trustee - 3 Bye Roland Vela, Trustee 1 1 ~ Bye Roy Appleton, III, Trustee Bye t 1 Janes W. Giese, Trustee i Bye Karen Wilson, Trustee t Bye David Bouschor, Trustee i Bye Lonnie Yarbrough, Trustee THE STATE OF TEXAS ) This Instrument was acknowledged before me by ANN POMYKAL, Trustee of Flow Health Care Foundation, Inc. on 1996. Notary Public, State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before rue by BETTYE MYERS, , Trustee of Flow Health Care Foundation, inc. on , 1996. j Notary Publio, State of Texas i Indemnity Agreement Page 2 /3. i THE STATE OF TEXAS ) This instrument was acknowledged before me by KENNET!! FORD, Trustee of Flow Health care Foundation, Inc. on 1996. E i Notary Public, State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before me by ROLAND VELA, # Trustee of Flow Health Care Foundation, inc. on 1996. w i j Notary Public, State of Texas THE STATE OF rXAS ) { This instrument was acknowledged before me by ROY APPLETON, i lilt Trustee of Flow Hearth Care Foundation, inc. on 1 3 , 1996. f Notary Public, State of Texas { THE STATE OF TEXAS ) f This instrument was acknowledged before as by JAMES W. OIESE, Trustee of Flow Health Care Foundatiion, Inc. on 1996. y J II! Notary PublState of Texas THE STATE OF TEXAS ) This Instrument was acknowledged before me by KAREN WILSON, 9 Trustee of Flow Nealth Care Foundation, Inc. on 1996. r i Notary Public, State of Texas { 9 ludennity Agreement Page a I~ 1 i i THE STATE OF TEYAS } This instrument was acknowledged before ,e by DAVID BOUSCHOR, Trustee of Flow Health Care Foundation, Inc. on 1996. s f k Notary Public, State of Texas ! THE STATE OF TEXAS } This instrument was acknowledged before me by LONNIE { r YARBROUCH, Trustee of Flow Health Care Foundation, Inc, on 1 , 1996. Notary Fublic, Statt. of Texas 1 ~E I i i i I t 1 i i i Indemnity Agreement Page 4 f Agenda No. Agenda Item e? 5' Date IA-12-176 f ` DATE: December 17, 1996 t 4 CITY COUNCIL REPORT TO: Mayor and Members of the City Council i FROM: Ted Benavides, City Manager SUBJECT: BOARD APPOINTMENT TO THE INDUSTRIAL DEVELOPMENT I AUTHORITY I RECOMMENDATION: Staff recommends my appointmert to the Board. SUMMARYt M- appointment to the Board wilt fill the vacancy created when former City Manager Lloyd Harrel resigned. Other board members are Rick Svehla, Deputy City Manager, and Kathy DuBose, Executive Director of Finance. i Tho IDA was"organ;zed in 1979 as a nonprofit corporation by the City of Denton to i promote and develop commercial, industrial and manufacturing enterprises and to encourage employment. The Corporation is authorized to agree -Mth any person, firm, I corporation, or other entity to issue bonds, in accordance with and subject to the provisions of the Development Corporation Act of 1979. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: N/A I ! A IMPACT; There is no cost to the City. Respectfully submitted: Ted Benavides City Manager hepne y Mn Fo , Erec'eti secret Approved by. 4 L' xasf Eetty Du F cutive Director of Finams AF0S7ea i Y i 1\WPMa%1=N IDA RX$ E RESOLUTION N0. j i E A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the Cl'y'o f Denton, Texas has approved the creation of C the City of Denton Industrial Development A.lithority ;IDA) puravant f to the provisions of the Development Corporation Act of 1979; and f WHEREAS* by Resolution No. R96-006 Rick Svehla and Kathy Du9ose d were reappointed' to the Board of Directors of the Industrial Development Authority (IDA); and WHEREAS, the' City Council deems it the public interest to appoint the City Manager, Ted Benavides, to the Board of Directors of the IDAI NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESr r sEfA47jON I. That the following person is hereby appointed to the Board of Directors of the City of Denton Industrial Development s Authoritys ADDRESS Ted eenavides 215 East McKinney City Manger Denton, Texas 76201 This Director shall serve a term of office of six years. The terms of the foregoing member shall expire on December 171 2002. i } ,'FCTi[ON lIl[. That this resolution shall become eff !ctive immediately upon its passage and approval. t PASSED AND APPROVED this the day of 1996. y d JACK MILLER, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY i BYs APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY BYs ' ra v.~ } ApandaNo._ZG-a~9} Agenda hem 8.G 4 I J 1 • CITY OFDENTON, TEXAS MWOPALBUILWNG CENTM TEXAS 76201 TELEPNONE011-566-M me a me city secfel&7 r MEMORANDUM t DATEt December 12, 1996 TO: Mayor and Members of the City Council r t FROMI Jennifer Walters, City Secretary SUBJECTS Board/Commission Appointments The following is a list of current Board/Commission vacancies/noninationst Council Member Young has nominated Jeri Coe to the Plumbing and Mechanical Code Board. Cable T. V. Advisory Board - Joe Dodd has resigned. This is a nomination for Mayor Pro Tem Brock. 1 , if you require any further information, please let me know. (AAA NO A Je fex W tern C y Secr tary ACCOOOF4 'l 1 Z 'Dedwxd to Quality Srrvict" 1 F r i 1 i r • f 3 t{ i a FI i k1 1 e R t OF i p? i f {iJf t y I i Fl LE a