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HomeMy WebLinkAbout02-04-1997 ' • :r- . 1 r City Council Agenda Packet February 4, 1997 .I. Y J7"`• T J i j q~,,,.;, 4r . d Sr.:~'... b.~ 1 r • i r • Agenda No.?Y-dwe' AGENDA CITY OF DENTON CITY COUNCIL Agenda Item February 4, 1997 Date Closed Meeting of the City of Denton City Council on Tuesday, February 4, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Set. 551.072 C. Personnel/Board Appo;ntments Under TEX. GOV'T CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday. February 4, 1947 at 7:00 p.m. in the I Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will iii be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2, Consider approval of the minutes of December 3 and December 17, 1996. CITIZEN REPORTS 3. Citizen Report from Willie Hudspeth regarding drainage problem north of 623 Newton. PUBLIC HEARINGS • 4. Public hearing and consider adoption of an ordinance rezoning 128.418 acres from Planned Development 118 to the Singlc Family 16 (SF-16) zoning district. The subject property is located southeast of the intersection of US 377 and Brush Crock Road. (The Planning and Zoning Commission recommends approval 6-0.) • 5. Public hearing and consider adoption of an ordinance for a specific Use Permit for Delta Lodge, t • • Inc. The subject property is in the General Retail (GR) zoning district and is located on the southwest corner of Oak and Fry Streets. (The Planning and Zoning Commission recommends approval 5-2.) 6. Public hearing and consider adoption of an ordinance rezoning 0.23 aces from the General Retail (GR) zoning district to the Single Family 7 (SF-7) zoning district. The subject property is r • i . City of Denton City Council Agenda February 4, 1997 Page 2 located on the north side of Scripture, between Lovell and Bryan. (The Planning and Zoning Commission recommends approval 6-1.) VARIANCES 7. Exaction variances to Section 34-115 (e), pertaining to fire flow and Section 34-116 (c) pertaining to fire hydrants. This 19.118 acre tract is located in Division One of the City of Denton's extraterritorial jurisdiction on the northeast corner of F.M. 3163 and Trietsch Road. (Milam Ridge) (The Planning and Zoning Commission recommends approval 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 8-19). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Ageata Items 8-19 below will be approved with one motion. A citizen may not speak or fill out a "request !o speak" form on an item on the Consent 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. 8. Consider approval of a tax refund to Fawn R. Conger for $507.60. 9. Ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #1973 - Office Supplies) 10. Ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #1945 - Computer and Facsimile Supplies) 11. Ordinance accepting competitive bidr and awarding a contract for the purchase of materials, • I equipment, supplies or services. (Bid #1987 - Refuse Truck Item #3) i 12. Ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #1990 - Cellular Service) • 13. Ordinance accepting competitive bids and awarding a contract for the purchase of materials, • equipment, supplies or services. (Bid #1993 - Track Loader 2.4 CU YD) 14. Ordinance accepting competitive bids and providing for the award of contracts for public works ' or improvements. (Bid #1991 - Demolition and Clearing #26) 15. Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the purpose of 1 2 el a, • City of Denton City Council Agenda February 4, 1997 Page 3 payment by the City for fees to First Southwest Company. 16. Ordinance of the City of Denton. Texas authorizing the expenditure of funds for the purpose of payment by the City for administrative fees and participation to Upper Trinity Regional Water District (UTRWD). 17. Ordinance authorizing the City Manager to execute an interlocal addendum to contract between the City of Denton and the Upper Trinity Regional Water District for water treatment and transmission services; and authorizing the expenditure of funds therefor. 18. Ordinance authorizing the City Manager to execute an interlocal addendum to joint ownership and operations contract between the City of Denton and the Upper Trinity Regional Water District regarding participation in the Sanger transmission line; and authorizing the expenditure of funds therefor. i 19. Ordinance authorizing the Mayor to execute an agreement between the City of Denton and the University of North Texas to provide funding to the University of North Texas Visualization Laboratory. ITEMS FOR INDIVIDUAL CONSIDERATION 20. Ordinance designating a loading zone for school buses and parents on the south side of Hanover street for Woodrow Wilson Elementary School. (The Traffic Safety Commission recommends approval.) 21. Ordinance authorizing the City Manager to execute an interlocal cooperative memorandum of agreement between the City of Argyle and City of Denton relating to common Wastewater Certificate of Convenience and Necessity areas and providing for dual wastewater certification for two overlay areas. , 22. Resolution declaring the intent to reimburse expenditures for drainage projects with bond proceeds. 23. Consider adoption of an annexation schedule with regard to the proposed annexation of a 286 acre tract located north of Brush Creek Road and east of HWY 377. (A-75) (The Planning and Zoning Commission recommends approval.) 24. Nominations/appointments to Boards and Commissions. 25. Miscellaneous matters from the City Manager. 26. Official Action on Closed Meeting Items: • • • A. Legal Matters B. Real Estate C. Personnel D. Board Appointments { A I~ l :1 t, S tin {mac <'..XY City of Denton City Council Agenda ry February 4, 1997 Page 4 27. New Business This item provide a section for Council Members to suggest items for future agendas. 28. Possible Contisaaibn of Closed Meeting: 1 A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 { B. Real Estate Under TEX. GOV'T CODE Sec. 531.072 j j C. Personnel/Board Appointments Under TEX. GOV'T CODE Sec. 551.074 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of Oe City of Denton, Texas, on the day of , 1997 at o'clock (a.m.) (p.a.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY ,r WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASR CALL THE CITY SECRETARY'S OFFICE AT 566-8304 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING I-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN , BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO035E ' p. gt~ 1 { I r F ' q , i Y F {a t' 0 • Agenda No. 0 - t~~e Agenda Item CITY OF DENTON CITY COUNCIL MINUTES Data December 3, 1996 The Council convened into a Regular Meeting on Tuesday, December 3, 1996 at 5:45 p.m. in the City Council Chambers. PRESENT: Mayor Miller; Council Members Beasley, Biles, Cott, Krueger and Young. ABSENT: Mayor Pro Terri Brock. L Pledge of Allegiance The City Council and members of the audience recited the Pledge of Allegiance to the American and Texas flags. 2. The Council considered approval of the minutes of September 10 and 17, 1996. Biles motioned, Beasley second,,,d. On roll vote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye% Motion passed unanimously with a 6-0 vote. Mayor Miller and Cecile Carson, Keep Denton Beautiful Coordinator, presented the following awards: Downtown Business Award-Off the Square Antiques, Sharon Jeffries, Manager Texas Recycles Day - Billy Ryan High School, Evette Guzman Texas Recycles Day - McNair Elementary School, Doug Key and Molly Hyde Texas Recycles Day - Sullivan-Keller Early Childhood Center, Dr. Rod Arrington and Doris Koberly 3. The Council held a public hearing regarding the proposed annexation of 11.24 acres located south of Robinson Redd and east of Nowlin Road. (A-74) Harry Persaud, Senior Planner, explained that this was the first of two public hearings with regard to the proposed annexation of 11,24 acres located south of Robinson Road and east of Nowlin Road. Peraud stated that staff did an annexation study and received direction from Council to procc:e with this annexation. The annexation process was underway. The next public hearing, would be on December 17. 1 Amy Homely, represented the p;;titloner, asked for approval of the annexation. Council Member Young asked if the property being annexed had water and sewer available. Homely stated the preliminary research had already been dote and their engineers felt confident that they could get water and sewer to that sight. i' • City of Denton City Council Minutes December 3, 1996 Page 2 Young motioned, Bifes seconded. O'.t roll vote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 6-0 vote. 4. Exaction variance of Section 34-114 (17) requiring sidewalks for the Oakmont 11 Subdivision. The subject property is in a Single Family 7 Conditioned (SF-7[c]) zoning district and is located on the north side of Robinson Road, approximately 400 feet west of State School Road. (The Planning and Zoning Commission recommends approval 5-0.) Rick Svehla, Deputy City Manager, stated that the Planning and Zoning Commission recommended granting the variance for the sidewalk in the area noted in green along the proposed right-of-way of Loop 288, south of 1-35E. The petitioner would be platting this staff could ask that additional right-of-way be platted for building the Loop south of I-35E. The reason staff supported the variance was that Loop 288 would not be built first off when the subdivision was platted. Secondly, none of the lots will front or face Loop 288. The sidewalk would really not serve any purpose when the property was platted. Therefore, staff would % suggest not building it until Loop 288 was built. Council Member Beasley asked if Loop 288 went through there, would a sidewalk have to be built anyway. Svehla stated they could at that point. They did not think it would serve any purpose right now simply because nothing fronts it and there was no roadway. Council Member Beasley asked if there was going to be a wall there. Svehla responded yes, he believed that was the developers plan. '7ouncil Member Beasley wanted to know if it would be a requirement to ever build a sidewalk there. Svehla stated it wouldn't be a requirement. You would want to see what kind of development occurred along the road to see if they even need a pedestrian walkway along the Loop. There were existing areas along the Loop where they probably wouldn't need a sidewalk. But then I there were others on the existing Loop where there were businesses that had some foot traffic. t , l It would depend on what else developed in the area. Svehla stated along that section of Loop 288 the city had no funding for a right-of-way purchase. Beasley motioned, Biles seconded. On roll vote, Beasley "aye", Bifes "aye", Cott "aye", • Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 6-0 • vote. 5. Exaction variances to Sections 34-124(e) pertaining to drainage design standards; Section 34-116(e) pertaining to fire flow; and Section 34-116(c) pertaining to fire hydrants. This 54.17 acre tract is approximately 930 feet south of Milam Road, cast of Interstate 35. The 0= • City of Denton City Council Minutes December 3, 1996 Page 3 property is located in Division I of the City of Denton's extraterritorial jurisdiction. (Milani Creek Ranch, Phase 2) (The Planning and Zoning Commission recommends approval 5-0.) Svehla stated there were three variances in this particular item. First was a drainage variance. In the back-up there was a drawing that showed where the easement was. The existing subdivision regulations in this division one area would require that the drainage be piped. Svehla commented that in this particular case we would be going from a non-improved area to a pipe then back to a non-improved channel. He did not think that was very good engineering wise: it provided for erosion on either end of the pipe. Planning and Zoning recommended an earth channel with rip rap, and staff could also support that. The second issue was water service. The subdivision was north of Milani Road or on FM 3163. Svehla said it was 17,000 feet from the existing waterlines. At $25.00 per foot it would take over $400,000 to bring water to that area. He did not think it was developers plan to do that or certainly was not his intention to do that in the beginning, rather they would get their water from either wells or other systems that are in the area. The second issue is if you have no waterline there, there really does not need to be any facility to hook fire hydrants to. You could not deliver the fire flow if you did not have water pipes. In this instance Planning and Zoning looked at both of those items and agreed with staff and recommended that the variances be granted. Young asked who would respond if there was a fire in that area. Svehla responded that it was outside the jurisdiction of the City. He thought it would be Sanger. Krueger motioned Cott seconded. On roll vote, Beasley "aye% Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 6-0 vote. Mayor Miller introduced Items 6-8, the Consent Agenda Items. 6. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (Bid #1963 - 69 KV Circuit Breakers) The following ordinance was considered: ORDINANCE NO. 96-270 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. 7. Ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (P.O. #70850 - Denton Central Appraisal; P.O. #71410 - Metron-Farrier) tr r .r City of Denton City Council Minutes December 3, 1996 Page 4 The following ordinance was considered: ORDINANCE NO. 96-271 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH i7HE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS AND PROVIDING AN EFFECTIVE DATE. 8. Ordinance awarding a contract for the purchase of materials, equipment, supplies or services by ~ State Purchasing General Service Commission, (P.O. #71445 - TAS of Denton; P.O. #71446 - Gray's Wholesale Tire) The following ordinance was considered: ORDINANCE NO. 96-272 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Biles motioned Young seconded to approve the consent agenda items 6 - 8 above. On roll vote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 6-0 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 9. Ordinance altering the prima facie speed limits established for vehicles under the provisions of Section 545.356 of the Transportation Code V.T.C.A., upon Highway No. 2181 or parts thereof, within the incorporated limits of the City of Denton; providing for a penalty , J not to exceed two hundred dollars; providing for a severability clause; and providing for a repealing clause. (The Traffic Safety Commission recommends approval.) Svehla presented a history staffs efforts with Texas Department of Transportation to set new speed limits on Teasley Lane. Originally, staft understood from Texas Department of Transpo:tation that they were to do that, and staff began that process the early part of the year. Since that time, staff was notified by Texas Department of Transportation that they would do the speed studies and then suggest or basically propose limits the city. They have done that. Traffic Safety has reviewed that. Those limits were very similar to what staff did, they were all within five miles or less of what the staff proposal was almost twelve months ago. Staff g p' r • • City of Denton City Council Minutes December 3, 1996 Page S recommended them to you rather than to try to do the various kinds of things that would be required of us to go back to Texas Department of Transportation. Svehla reminded the Council that a large part of Teasley was reconstructed and opened last year. The speed limit technically, would be 30 miles per hour. Obviously we think it's appropriate to get the facility limited in nature. The second issue was the school zone in front of Sam Houston on all facilities. Basically whether using Texas Department of Transportation numbers or staffs, the drop-in speed limit that would be allowable was 20 miles per hour. The speed limit in front of Sam Houston would be 45 miles per hour. Svehla advised of an error on the map because the zone showed 20 miles per hour and that should be 25 miles per hour. The verbiage, however, did speak to the issue at 20 miles per hour and therefore the school zone speed limit from the hours of 7:30 am to 8:30 am and from 2:30 p.m. to 3:30 p.m. would be 25 miles per hour. 'that was the speed limit in the zone prior to the reconstruction of Teasley. As mentioned in the back-up Traffic Safety h6s looked at this and recommends it to you. Mayor Miller asked if it was roughly a 35 mile per hour zone from the Interstate. Svehla said the 35 mile per hour zone was actually from Dallas Drive or US 77 to Londonderry. It would increase to 45 mph from Londonderry to Lillian Miller or the turn or where Teasley turns south. Mayor Miller said then it went to 50 miles per hour. He asked if there would be a school crossing there when we build the middle school? Svehla replied yes there was a cross-walk there now (not on the south side), but there was a signal, and when the school was built there would be a cross-walk painted there. Mayor Miller asked if there would be a school zone there and also would 25 mph be recommended. Svehla responded it would more than likely not be recommended because the school fronts more of Jason and Londonderry. The better position for the zone would be the intersection of Jason and Londonderry. But because of the signal at Teasley and Londonderry the speed would be • obviously slower there anyway. Mayor Miller asked if it would be 35 miles per hour there all the time. r Svehla responded yes and commented that it would be looked at again when the school was completed. • Cott asked what the speed was when the i:ght was not flashinE9 • • Biles responded that when the light was not flashing it would be 45 wiles per hour in front of f Sam Houston. f L t . • City of Denton City Council Minutes December 3, 1996 Page 6 Beasley said she understood from the back-up that Council did not really have much choice in doing this because Texas Department of Transportation had given their proposal. Svehla thought that there was probably a fifty-fifty chance that we would be suxessful. The problem was that in the interim staff :elt it was more important get the speed set r,- ther than set the zone. Because the zone was 25 mph like it was before staff was still comfortable with that. He said it would have been nicer to have it at 20 mph but thought think that 25 mph was livable simply because that was what the zone was before. Svehla said we have built a much wider, much more visible kind of facility and we have concentrated efforts where the cross-walk was on Teasley. It comes across at Indian Ridge. Staff thought that was an appropri tx place. With all things considered, staff thought 25 mph would work. Svehla said staff could go back to Texas Department of Transportation to begin the discussions. They thought it would take another 6 to 8 months to get that resolved. It was much more important to get the zones k .4 installed, because we werz half-way U o the school year already and we thought the ne zones were needed. Beasely agreed with that and thought it needed to be resolved. She was just pointing out that they really didn't have much choice, that we could protest this and try to work through it, but we would end up with no speed limits on that road. Svehla said they would ask staff to provide data that showed that 85% of the traffic was traveling at less than the 45, i.e., closer to 40. Staff's studies really showed that it was not too likely. Beasley motioned and Bites seconded to approve the ordinance. Mayor Miller said technically the speed limit was 35 miles per hour. One citizen said if the speed was not posted and it is a state highway, then it was 70 mile per hour. He thought it was imperative that any major arterial road in our city have speed signs on it. He was told in no uncertain terms that since it was a state road, he knew that it was a 70 mile per hour zone. The Mayor thought it was imperative that the city did that as quickly as the ordinance took effect to clear up any misunderstanding that it was not a 70 mph zone. Prouty confirmed that was correct. B«ause of the pewil clause in the ordinance, it would have to be to published. That would take about ten days ,o two weeks before it was actually r effective. t ~i r f i; A ' 1 It ~~1'~,1.•Z , • • City of Denton City Council Minutes December 3, 1996 Page 7 The following ordinance was considered: ORDINANCE NO. 96-273 j ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 545.356 OF THE TRANSPORTATION CODE V.T.C.A., UPON HIGHWAY NO. 2181 OR PARTS THEREOF, WITHIN THE INCORPORATED LIMITS OF THE CITY OF DENTON; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FORA REPEALING CLAUSE AND DECLARING AN EFFECTIVE DATE. On roll vote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 6-0 vote. i 10. Ordinance designating and establishing school safety speed zones; reducing the maximum j prima facie speed limit for said school safety speed zones to speeds found to be reasonable and safe by the Engineering and Traffic Department investigations for the designates hours; providing a penalty of a fine not to exceed two hundred dollars; providing a severability clause; and providing for publication. (This affects Sam Houston Elementary, Selwyn School, and the Immaculate Conception School.) Rick Svehla reported that part of the ordinance would establish the zone and set the speed limit at 25. The ordinance would also do two other things. It would include in the ordinance the zone for the Immaculate Conception School on Bolivu. The ordinance also made a correction on the Selwyr, School ordir+3nce that had to do with that 20 mile per hour limit that you can lower the speed limit. T. a;z Safety Commission recommends approval. Beasley had one correction which was pointed out to the City Attorney; on page 4 of the ordinance, it should be Denton High School now and not Denton West. Young was concerned about Tomas Rivera Elementary School. He asked if that meant they would be posting speed limit signs on the Loop and Morse. r, Svehla said the school zone was at Newton and Wilson rather than at Newton and Morse. Staff has been looking at that to determine the speed limits and to determine the pedestrian movement in that area. Staff would be taking that to Trditic Safety before bringing it to Council • w • • f K, i 4JYw uYW i'J 94 l 4 • I City of Denton City Council Minutes December 3, 1996 Page 8 The following ordinance was considered: ORDINANCE NO. 96-274 AN ORDINANCE DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING A PENALTY OF A FINE NOT'f0 EXCEED TWO HUNDRED DOLLARS (5200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to approve the ordinance. i On roll vote, Beasley "aye", Biles "aye", Cott "aye% Krueger "aye% Young "aye", and Mayor Miller "aye". Motion passe,! unanimously with a 6-0 vote. 1 11. Ordinance designating two parking spaces in the 100 block of Fry Street as restricted parking for police vehicles only; providing a savings clause; providing a severabitity clause; and providing for a penalty not to exceed two hundred dollars. Police Chief Mike Jez said the ordinance would designate the two parking spaces immediately in front of the community office at 106 Fry as designated parking for police only. The parking spaces were needed to allow the police officers 1) rluse proximity to the patrol area, 2) easy loading and unloading of the bicycles for the bike patro', and 3) easy transportation of prisoners arrested by foot patrol there. Biles asked if the Fry Street merchants association had been consulted? Jez responded yes and the two businesses that were most directly affected on the 100 block of Fry were in support of it. They have the wholehearted support of the merchant's association. Young asked if he parked his car in one of the police spots, would he get a ticket or would his car also get towed. 1 , Jez responded that could very well happen. His advise was to not park there. L Krueger asked if that was applicable to every parking violation in the city. Jez asked for clarification. Krueger wanted to know if he parked too long on the Square and received a parking ticket, would be also be in danger of being towed? City of Denton City Council Minutes December 3, 1996 Page 9 Jcz responded no, they were not currently towing vehicles off the Square for parking and a number of other places, but there were a number of other places where you might well be towed. For example, if you parked in a fine lane, we might very well tow the vehicle. It was unlikely that we would tow a vehicle from that location; we would issue a citation first unless for some reason there was an emergency circumstance that dictated that we get in there. The police could do that anywhere in any of the parking places. Cott was concerned two police cars in front of a very narrow street said an awful lot to the customers, that may be good and that may be bad; going say between Jim's and Flying Tomato, that's a short area. He thought that said there's trouble, and you better watch out and stay away. On the other hand, he agreed that something should be done. Was there a way to have two police cars close by with all the equipment needed without being in front of two stores? Jez responded there was no way that we could guarantee that without the designated parking spaces and that's why they requested the parking spaces. He hoped that our citizens, rather than looking at those two police cars and receiving a sense of alarm would see the sense of security and well being by virtue t1:at those cars are there. The parking wasn't dedicated to businesses in that area. He explained that the parking spaces were immediately in front of the community j office. There were times when there may not be a police car parked there at all. Jez said they have a multiplicity of police agencies working out of that community office. It was truly a partnership between the University of North Texas police department, the Denton police department, and the Texas Alcoholic Beverages Commission-so, a number of police units may well be in and out of that area. Sometimes it would be for short stops, other times the vehicles would be parked while the officers assigned to that vehicle were = in foot patrol in the area. Another advantage in having the car there is they could be summoned by a portable radio and in some kind of situation that would dictate a mobile response and a vehicle they could get back to their car quickly and respond to those calls. Cott asked that the minutes reflect his concern for having the cars there and a toner c for them not being there. Biles said all merchants were very supportive of having the police presence. It helps them run their businesses. They were encouraging police presence. r The following ordinance was considered: ORDINANCE NO. 96-275 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIG BATED TWO PARKING SPACES IN THE 100 BLOCK OF FRY STREET AS RESTRICTED i PARKING FOR POLICE VEHICLES ONLY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. r:a i City of Denton City Council Minutes December 3, 1996 Page 10 Young motioned to approve, Biles seconded. On roll vote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 6-0 vote. 12. Ordinance authorizing the City Manager to execute a contract between the City of Denton and RMI to develop, issue and coordinate an analysis of an RFP for power supply options for Denton. Sharon Mays responded that our electric utility has a forecast D for additional generating capacity to serve our forecast customer growth by 1999. Even though there was talk of deregulation and retail wheeling, their obligation to serve the customers was still in place. That meant they had an obligation to plan prudently and sufficiently ahead of time to make sure that if that load growth being the forecasted occurred that we would be ready and capable of providing the needs of those customers. The traditional vay to do that would have been to build another tittle generating unit or buying a portion of another plant, as we did with Givens Creek, and this was not particularly risky because you did that and recovered those cost over the next 20 to 30 years from the captive customers. The dilemma today, although we have that clear obligation to serve, staff also knew there was a significant discussion about deregulation I possibilities down to the retail level. Although, there seemed to be strong feelings at least at this point that legislature may not do something this term we may we some pilot programs and something by the next term. So that made the traditional approach pretty risky for a utility of our size. The positive side of that was that the electric production market had essentially been deregulated in Texas already and with the change in the transmission rules we would have readily available transmission all over the state beginning at the first of the year. Mays said we would have many more options to choose from in terms of meeting that need. However, it did not make the process a simple one. Really the only way that rapid change in the market was formed from one day to the next. To find out our options staff needed to go through a request for proposal process. Staff has proposed to hire a consultant to help us through this process because it was not a simple process. Mays proposed to hire RMI to assist us with this process. They were chosen for three reasons, 1) their experience in doing this sort of thing, although not a lot of it has been done. There have been three cities in Texas that have gone through this • process so far. RMl represented two of those cities in this process, and they have also done a significant amount of work not in a RFP type process, but with the city of Lubbock consulting in power supply options for the City of Lubbock. So they have a very good background in this type of work. They have a large amount of knowledge of our own system and have done quiet. a bit of power modeling work and other things that would save us money in this process. They were also used for our technical support through most of the regulatory process. Thirdly. Mays felt quiet comfortable in dealing with them because they were cost conscious, very cooperative, ! • • • suggested cheaper ways of getting things dote, and they took good care of our money. The first thing they would be asked to do was to review our own internally created load forecast. It was a pretty sophisticated process, and before we move forward, we want to make sure some experts in the field have double checked that work. The next step would be the development of the RFP j itself, and in our case, we want to look at every possible option. You can see on the second page of the task order we have listed a large number of alternatives. Staff would not close our • City of Denton City Council Minutes December 3, 1996 Page I1 mind and say that we just want to buy a little bit of power to meet the forecasted need. Mays said they wanted to look at every other possible thing the new deregulated market could offer to combine existing resources wit some other resources, to repower our own units. Other things we could do in partnership with our customers with the overall intent to lower the cost of power to the citizens of Denton to the lowest possible that we can through this process. They would issue the proposal, the proposal would come back to them, and they would do the initial screening in working with the City. At that time, proposers would be narrowed down to a limited number of finalists. That process would be covered by the $55,000 of this task order. Once we know how many finalist we have, the amount of work to fully review final proposals would be quiet extensive. It could be anywhere from $7,000 to $10,000 per proposal. Staff would come back to Council at that time with an additional b 3get. There was also a possibility that a serious fmalist might in fact be required to actually pay for some part of the actual analysis. Staff would work with the City attorney to determine if it was appropriate for the city to do that and come back to you at that time with a budget for the final review process. The process would be quiet interesting because of the confidentiality. We are plowing new grounds here. Two things will happen. The power marketers will be very competitive with each other, and they will attempt to use and possibly abuse the open records laws to try and get at information in terms of what their competitors are doing. You may find some amount of pressure; that was why staff would work through the consultant, but you may find some pressure on yourselves when that happens. You may find that you receive directly some open records request. Please get them to the City attorney as quickly as possible. We have ten days to respond if that should happen. Also, when we finalize the process and get down to the discussing of who we want to choose and what the results of that are going to be, we are going to have an additional challenge because our future competitors will be interested in knowing what our future resources costs are going to be. So we will be working closely with the City attorney's office on this. Cott asked if this included the assumption that we are going to continue to be a public utility company. Mays said the results of this will be coming in about the time of the management study so if there were any questions in that regards we can make the appropriate decisions and how fast we • moved forward with the decision based on that. Cott asked if it was true that if we took that approach, we would have basically structured ourselves to be a public utility and have to prove to ourselves that we don't want to be. His point was this was the only time in many years that we were going to get a chance to determine whether that was the structure that we really want this. • Mays responded what she was suggesting that the timing for the decision on this particular • • process would be sufficiently linked with the completion of the management study. That, if in fact, there was a question about whether you want to change the status of the utility, you would be able to make that determination before making a final decision and committing yourself. Miller asked when it would be finalized. .S • • yly.W✓. a 1•l . • 3 City of Denton City Council Minutes December 3, 1996 Page 12 Mays, responded that a final schedule had not been determined because we are waiting for the approval to begin the fatal process. She guessed it would be another couple of months to get this on the street, so maybe late spring, early summer before we would get the results of the initial screening, and remember, behind that we would have to do the final analysis. Biles motioned Young seconded to approve the ordinance. Cott asked if they were going to study this as though we may or may not be a public utility company. Miller responded that what's been said here would not determine that. Further, the city has a need to provide the service, if we don't, we are going to be running out of capacity meeting the needs we now have. This would tell us what was the best avenue to follow. The management study may or may not tell us the other, and they would come in about the saute time. So before we would be asked to allocate further funds for the screening of the fatalist, we would presumably have information from the management studies. Cott said he just wanted to be sure that the other study then gave the Council and the Mayor an analysis that whether we should or should not continue to be public service. r . Mays said she believed that the way the RFP was structured for the management study was that they were to examine a wide variety of things and then make a recommendation if there were any areas within the utility that they believed a request for proposal for privatization should be issued. Cott responded that was not specific enough for him on that part of it. City Manager Benavides advised Mr. Cott that this study or any other study we have done today would not preclude you from having all the options that you currently have, and they are all on the table and the more data will allow you to make that decision when it comes easier. So 1 don't think this precludes you from doing that. • Cott: I respectfully understand the first part of this where we are trying to make sure we have enough wattage to get through the study. My problem is 1 don't think we should be a public utility company, and I would like it a least studied and if it's studied and that is a specific study. i t +'r ' { . ~ °ti[ ~ oar r r ' r ft • ~,iy~:: kd~ e 1 . R 1. } ~ L^~,, ? i k a f . iv fr Vf ~ Nbw sb ~ rt [ i n e i +.t° <N, .x }~J'4`7'' t i ~ti, ~ „~eY~ A ~ ttlH F. ~i`M~ f4n~ 7 ifs •I~,' Y S~.'.~ Y, f5]-.I • • City of Denton City Council Minutes December 3, 1996 f Page 13 f The following ordinance was considered: ORDINANCE NO. 96-276 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL ("RMI"); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Biles motioned Young seconded. On roll rote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion passed unanimously with a 5-1 vote. 13. Ordinance authorizing the City Manager to execute any and all documents necessary and incident to the City of Denton Electric Utility becoming a member of Electric America Services Company, Inc.; authorizing the expenditure of funds for the purpose of payment by the City for annual dues to Energy America Services Company, Inc.; authorizing the appointment of the 1 representative of the City of Denton, Texas to Energy American Services Company, Inc. Sharon Mays reported that things continue to change rapidly in the utility industry, and one of the problems that small rmsticipalities like we had was we don't have large staffs to get involved in great detail in every Errs. But what did make sense was for us to work together and pool our resources to get the knowledge and expertise necessary to operate well in this market place. Mays said the group has gas buying expertise, and they we.v formed specifically to help public utilities pool their resources of work together to do the best they could in this market place. By joining they would be a member of their board of directors and they required a resolution from Council to allow staff to join. One of the real values of this group was that it not only had members within Texas but it had ties outside of Texas. She said staff was struggling to learn more about other companies in terms of the power exchanges and purchases and sales that we can do on either side of the Texas border. • Mayor Miller asked if Mays would be appointed as the representative to the organization. rte. , Mays said she would be appointed. r Young wanted to know how did Mr. Nelson feel abort joining this. • Mays said she wouldn't be here if he didn't agree. Krueger asked what the $5,000 membership fe: was based upon. ' Mays responded that it was based upon the revenue of our utility. _.-.,..~rc_~ 's". 4 ..t '~K lrf ~J\r jd t, ,r~ Y't S'~"\r ~r r 71 0 City of Denton City Council Minutes December 3, 1996 Page 14 The following ordinance was considered: ORDINANCE NO. 96-277 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY AND INCIDENT TO THE CITY OF DENTON ELECTRIC UTILITY BECOMING A MEMBER OF ELECTRIC AMERICA SERVICES COMPANY, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ANNUAL, DUES TO ENERGY AMERICA SERVICES COMPANY, INC.; AUTHORIZING THE APPOINTMENT OF THE REPRESENTATIVE OF THE CITY OF DENTON, TEXAS TO ENERGY AMERICA SERVICES COMPANY, INC.; AND PROVIDING AN EFFECTIVE DATE. Young motion. Beasley seconded to approve. On roll vote, Beasley "aye", Biles "aye", Cott "aye", Krueger "aye", Young "aye% and Mayor Miller "aye". Motion passed unanimously with a 6-0 vote. 14. Ordinance approving the settlement of the claim of William and April Cox. Herb Prouty reported that the item was settlement of a claim involving a motorcycle accident back in May of 1995 when Mr. Cox's motorcycle was struck by a police car. The following ordinance was considered: ORDINANCE NO. 96-278 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF WILLIAM J. AND APRIL COX IN AN AMOUNT NOT EXCEEDING $28,000; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to approve. L a 5 On roll vote, Beasley "aye", Biles "aye', Cott "aye", Krueger "aye", Young "aye", and Mayor - Miller "aye". Motion passed unanimously with a 6-0 vote. 15. Nominations/appointments to Boards and Commissions Y a. 1 1110 1 • • City of Denton City Council Minutes December 3, 1996 Page 15 Council Member Krueger had nominated Sara Sonders to Keep Denton Beautiful. On roll vote, Beasley "aye", Mayor Miller "aye", Cott "aye", Bites "aye", Young "aye", and Krueger "aye". Motion passed unanimously with a 6-0 vote. Council Member Beasley had nominated Brent Thc,ion to the Sign Board of Appeals. On roll vote, Beasley "aye", Mayor Miller "aye", Cott "aye% Bites "aye", Young "aye", and Krueger "aye". Motion passed unanimously with a 6-0 vote. Cable TV Advisory Board's Joe Dodd had resigned. In Mayor Pro Tern Brock's absence, Council did not receive a nomination for that position. It would be considered at the next meeting. Council Member Carl Young nominated !e-.i Coe - Plumbing Mechanical Code Board. It would appear for voting at the next meeting. 16. Vision Update 17. Miscellaneous matters from the City Manager. 18. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 19. New Business Krueger, encouraged agenda committee resolution supporting half cent sales tax before the election. Next regular meeting was 12-17.96. Prior to the meeting Council would hold a reception for Jeff Krueger at 5:15 - 6:45. Public was invited to attend. ' Young sang Happy Birthday to Rotd Beasley. V 20. Possible Continuation of Closed Meeting: • I A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071 " B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments - Under TEX. GOV'T CODE Sec. 551.074 y AV ~s , ♦ f"tt h Z ~ 1 r ~ VY 4 i; R y 1 ~ '".l,yf'wl 1 1 ' L ~ 'r ~M7+'RilMAS'a4A441tt~T~ltS xyrt I ~ >tkn,~_'~. i .....v .....,.....ww.~.. .,.:v.~._1. ~.a_.._ _~rx e, a'S. __2. 1. rw...y'e.s 1..a City of Denton City Council Minutes December 3, 1996 Page 16 The meeting adjourned at 8:10 p.m. i c Veronica Rolen Jack Miller Deputy City Secretary Mayor i i r s r AM04BAl r { yt ~ ~ „OyfJj y •A. e , 5 • .~..ewlx Kar.ta i_.La rti ♦ .t~i.`...sr ~.:d:L.~ City of Denton City Council Minutes December 3, 1996 j Page 16 The meeting adjourned at 8:10 p.m. Veronica Rolen Jack Miller Deputy City Secretary Mayor i \ =r r: t: f e AAAO4BA1 a Y Y"' I L I r • '.,.~r;, ~ ..3~~ Raii~. r' ~ {r 3 v ' t~•.'C. 4 •V"J~~ fib wi,.: i t i • i CITY OF DaffUN CITY CC&VCiL MINUTES De(Mffber 17, 1996 Tyne Council held a reception honoring Council Member Jeff Krueger on Tuesday, December 17, 1996 from 500 - 7:G0 p.m. in the Expansion Area of City Hall. PRESKNr: Mayor Miller; Mayor Pro 7pm Brock; Council Members Beasley, Cott, Krueger, and Young. ABSERr: Council Member Biles 1. The Council considered a Resolution of Appreciation for Jeff Krueger. Brack motioned, Young seconded to approve the resolution. on roll vote, Beasley "ayes, Brock "aye's, Cott "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. The Council convened into a Regular Meeting on Tuesday, December 17, 1996 at 7:00 pad. in the Council Chambers of City Hall. PRKSW: Mayor Miller; Mayor Pro fpm Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. i ABSM: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegianoe to the U. S. and Teas flags. Mayor Miller presented a proclamation for "Liberty Christian warriors Day". Mayor Miller presented Bill Watson with the "Keep America Beautiful-Chair Excellence Award". Bill Watson, Keep Denton Beautiful, presented the Council with a woad place award for "Keep America Beautiful-Beautiful Cities". 2. The Council considered approval of the minutes of September 24, 1996 and October 1, 1996. Beasley )jtioned, Krueger seconded to approve the minutes as presented. On roll vote, Beasley ,laye", Brock "aye", Cott "aye", Krueger "aye", Yong "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. PUVUC HMWMW 1 3. Tine Council held a public hearing and gave 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 Oanmiesion recommended approval Harry Persuad, Senior Planner, stated that this was the second of two public hearings to receive public irpA on this armation request. The owners of the property had requested armation of the tract. ' 1 Council Member Gott stated because of the zoning of his property Which would be considered in the near future, he requested to be excised from voting on this issue. i • i • City of Denton City Council Minutes December 17, 1996 Page 2 Mayor miller asked if there was a conflict of interest on the annexation issue. City Attorney Prouty stated that there was not a legal conflict but Council Menber Cott could abstain if he felt more comfortable. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Knueger motioned, Young seconded to approve the annexation. on roll vote, Beasley "aye", Brcc.,k "aye", 1Qveger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 4. The Council held a public hearing and considered an ordinance for a specific use permit to allow for overnight parking and caging of recreational vehicles on 4.226 acres. The site was located on the west side of interstate 55, south of Carping World. (Z-96-037) (Tine Planning and Zoning Co mission recommended approval, with condition, 5-0.) kick Sviehla, Deputy City Manager, stated that the PlarLdM and Zoning ommissio n recommended this proposal at their last meeting. The area was zoned light industrial in 1985 and earlier this year, the tract in front of the proposal was developed as National RV Sales. Subsequent to that the owners looked at a way to help facilitate the sale and repair of vehicles that they were selling. Three oonditions were reoeme ded by the Planning and Zoning ommission in connection with the proposal. Those includad external lighting to the north and west side of the property had to be directed to prevent the light from crossing the property line; the fence on the north would have to be charged to an 8' fence; and a specific type of support structure for the fence would have to be used. The mayor opened the public hearing. Bill McCarty stated that he would answer any questions which the Council might have regarding the proposal. The first 18 spaces would be for RV parking available for customers wanting to buy vehicles. The remainder of the facility would be for an RV park. Council Member Young asked abort the mmber of hams near the site. McCarty stated that then, was one ham near the property. Others in the area were notified of the proposal. Mayor Pro Tem Brock asked what would be visible frcm the Highway. • McCarty stated that the coaches on display and the first nine spaces for 1N • - parking would be visible from the highway. The rest of the area was behind a hill. Council Member Beasley stated that most of the fence around the area would be chain link fence except for on the northern area which would be a wooden fence. MoCarty replied correct that it was for the cmrper's security. ;mow.. City of Denton City Council Minutes Deoember 17, 1996 Page 3 The Mayor closed the public hearing. Mayor Pro Tem BROCk stated that in the back-up materials, it was noted that there would be no central building with showers, etc. If the specific use permit was granted, would it be possible to build that type of building without further permitting from the City. Svehla replied no that at a miniam a building permit would be needed but it would probably have to be approved as a specific use permit. The following ordinance was considered: NO. 96-279 AN ORDINANCE OF THE CITY OF DEMON, TE)Wr APPRWING A SPECIFIC USE PERMIT TO OPERATE A RECREATIONAL VEHICLE PARK ON 4.226 ACRES LOCATED ON THE WEST SIDE OF INTERSTATE 35, APPFU(IMATELY 2,200 FEET NORTH OF SCIiUYL.ER TWD, PLATTED AS LOT 1, BLACK B, OF THE WESrEW HILLS BUSINESS PARK, AND Cx RRERMY ZONED UNDER THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CTASSLFICMCN AND USE DESIGNATION; PIa'JJILIING FOR A PENALTY IN THE MA}CE4N MU MT OF $2, 000.00 FOR VIOLATICNS THERDDF; AND PRWIDING FOR AN EFFECTIVE DATE. Krueger motioned, Yoxg seoonaed to adopt the ordinance. D Mayor Pro Tem Bock stated that she would be voting against the proposal not because of this devielopeent but because she was concerned about setting a precedent. Two issues concerned her with this proposal. One was the fact that everyone who looked at what Denton needed physically was concerned about the City's entranoeways and the kind of image created for the community. Zoning did not allow an RV park. A specific use permit was needed for such a use. The purpose for that was that such an area could be a nuisance. That was not the case with the proposal from Mr. McCarty. The second issue was the race track and the fact that many people who owned property between Gainsville and that area would see the potential for camping areas which would be in great demand. Allowing this use would set a precedent for other areas to develop with less standards than this proposal. She felt it was necessary to look at the long range inplications for futti--e ertranoeways to the City. Council Manber Biles stated that the grading of the land was such that the camping area was on the back side of the hill. Little of the actual carping area r-uld be visible from the interstate, The proposal would be a natural blend with the facilities already in the area. He would be in favor of this specific use permit but might not be in favor of a future request if it had lesser standards. Council Member Krueger Stated that someone on the highway might not be able to - • see the property at all. Sommm on the service road would have a better view. 0 • Mayor Pro Tem Brock stated that she was concerned about future requests and that the Council would be under pressure as one group was already allowed an RV campsite. Mayor Miller felt that the proposal w:s an ideal use in conjunction with other uses in the area. The proposal was not inconsistent with what was developing in j the area. 11 s, =7? =77 7-077,072- , r City of Denton City Council Minutes Deoember 17, 1996 Page 4 On roll vote, Beasley "aye", Brock "nay", Cott "aye", Knheger "aye", Yang "are", Biles "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. 5. The Council held a public hearing and considered adoption of an ordinance for a specific use permit to allow for a eonnunication tower on 18 acres of land bounded by Bonnie Brae, Scripture, and n mm, known as WrAnnnna Park. (Z-96-046) (The Planning and Zoning Commission reoommetded approval 7-0.) Rick Svehla, Deputy City Manager, stated that the specific use was for a mall part of the park where the water tower was located with an existing tower. The proposal was for a new tower to be built which would be smaller in size and which would illuminate the existing guide wires. There had been a concern expressed about flashing lights which world be required by FAA for the tower. A flashing red light would be used at night to solve that problem. Council Member Beasley stated that the new tower world be lower and wider than the existing tower. Svehla replied correct. Council Member Young asked about safety precautions associated with the tm ar. Svehla replied that the existing tower had a fenoe and the new tower would be } built in that area. Mayor Pro Teo Brock asked if the City were building this tower and leasing it to the company. Sharon Mays, Director for Electric Utilities, stated that Primoo would be building the tower and giving it to the City with consideration for space on the tower. The existing tower was not ecepatible with the new 800 megahertz radio system which the new tower could use. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. • The following ordirmios was considered: NO. 96-280 AN ORDINANCE OF THE CrN OF DFNICN, TEXAS, APPWVING A SPECIFIC USE PUMT ON .0791 ACRES, BEING A PART OF 18 ACPM OF LAM) LOCATED ON THE NORTH SIDE OF SMPRRE, BWC N BM4IE BRAE AND THOMAS TO AMCW FOR A 00Mt4WCATICN - • TOM; PROVIDING FOR A PUMM IN THE MAXDW AMXNP OF $2,000 FOR • VIOIATICNS THEREOF; AND PROVIDING FM AN EFFDCIRVE DATE. Young motioned, Biles secorded to adopt the ordinance. on roll vote, Beasley "aye", mock "aye", Cott "nay", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. 6. The Council held a public hearing to consider adoption of an ordinance approving a detailed plan of 0.4528 acres in Planned Development 1 (PD-1) for a y , -pill City of Denton City Council Minutes December 17, 1996 Page 5 parking lot. The subject property was located on the west side of Gay Street, 226.30 feet north of University Drive (US 380). (The Planning and Zoning Commission recommended approval 7-0.) Rick Svehla, Deputy City Manager, stated that this was a very old planned development. The applicant was requesting a parking lot on a portion of the planned development. one notice in opposition was received early in the process. Because the case was withdrawn in November, a second set of notices was sent with the sanme opposition. The owner in apposition seat a response indicating approval of the proposal but only with conditions associated with that approval. The City Attorney had indicated that approval with conditions could not be considered approval and should be considered as in opposition. Because of that, a super majority would be needed to pass the amendment. The two conditions the individual in opposition requested were to maintain the easement to Gay and drainage in the channel. The City did not maintain the channel upstream from Gay street as there was no easement in the area. The petitioner made improvements off the easement and did not have control over the charnel in the area. Count 1 Member Beasley stated that she had received a call from an individual not in opposition to the parking lot but oonoenned with the drainage in the area. Because the land was never platted, the City did not have an easement in the upstream area of the channel. The property owners had to maintain that area upstream. Council Member Young asked if the City could clean out the creek. Svehla stated that as the City did not have an easement, it could not clean out the creek but could clean out the pipes and remove a log in the area. Council Member Biles stated that all of the proposed improvements would be at grade on the flat land and not down in the culvert. Svehla stated that as improvements were made to the parking lot, more of the grand would became ijervious with more water running into the culverts. That water could enter at the culvert or on the downstream side and would not effect the upstream area. The Mayor opened the public hearing. • Jo Nash stated that the additional parking spaces were needed for the International Business School. She presented a map regarding the drainage in the area. As many trees as possible would be saved with a parking lot designed arc ud the trees. She requested approval of the proposal. The Mayor closed the public hearing. L • The following ordinanoFn, was considered: - • • NO. 96-281 AN ORDINANCE OF THE CITY OF DW M, TEXAS, AMINDDU THE DE=M PLAN FOR P1AM ED DF.VESAPME U NO. 1 (PD-1) WITH RESPI= TO 0.4528 ACRES OF THE 4.8 ACRES THEREIN DEFINED, AS MOW IN THE ATTACHED DEMI ED PLAN, THE SUBJWV PROPERTY BEIW LOCATED ON THE WEST SIDE OF GAY STRF.F T, 226.30 FEED NOFZrH OF WPANSM DRIVE (US 380); PROVIDING A SAVINGS C2A[SEI PROVIDING FOR 4 MAI -14 • City of Denton City Council Minutes December 17, 1996 Page 6 SUPERSEDM OF ANY INOONSISTENT PROVISIONS OF ORDIWCES 88-167 AND 69-1, TO THE L KITED EM M THAT THEY RELATE TO THE SLWEJCT PROPERTY; PROVIDING FOR A PENALTY IN THE MAXMM AMXNT OF $2,000 FOR VIOLATIONS UiEFMOF; AND PROVIDING FCR AN EFFECTIVE DATE. Brock motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott nays,", Krueger uayelr, Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. VARY?1(~:S 7. The Council considered 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. C. Section 34-116(c) requiring fire hydrants. The subject property was in Planned Development 1 (PD-1) and was located on the west side of Gay Street, 226.30 feet north of University Drive (US 380). (The Planning & Zonim Oormissicn reoamelnded approval 7-0.) ' Rick Svehla, Deputy City Manager, stated that the area in question was a parking lot and not any type of develcprtent. The reasonableness of the cost of improvements allowed for an exaction variance. Krueger motioned, Young seconded to approve the variances. an roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye'f, Bilen+ "aye,l and Mayor Miller "aye". Motion carried unanimously. 8. The Council considered exaction variances for spring Hill Estates: A. Section 34-114(3) regarding road construction standards. B. Section 34-114(17) regarding sidewalks along interior streets. C. Section 34-116(e) requiring adequate water capacity for fire protection purposes. D. Section 34-116(c) requiring fire hydrants, • E. Section 34-124(e) regarding concrete channel liming. F. Section 34-125(b) to allow for private streets. The subject property was in the Extraterritorial Jurisdiction (Er'J), consisted of 110.284 acres, and was located on the south side of US 380, east of FM 156. (Tine Planning and Zoning Commission recaerended approval of Items 8A, 8B, 8E, 8F • by a vote of 5-0 and Items 8C, 8D by a vote of • O Rick Svehla, Deputy City Manager, stated that one of the variances was for private streets. As the property was located in the EMU, there was no zoning control and no mechanism to allot for a public street. If the private streets were done and approved with a change in construction standards, there would not be a need for sidewalks and drainage as they weld be in private streets. The petitioner wanted to do a private water corporation. if he were to build to standards, it would require an extremely large pump at a cost of approximately $100,000. That pump would only be used when there was a fire which was an i City of Denton City Council Minutes December 17, 1996 Page 7 extremely large expense for minimal use. Young motioned, Krueger seconded to approve all of the variances as requested. On roll vote, Beasley "aye'r, Brock "aye", Oott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. OOI~JP ALR+![1A City Attorney Prouty stated that Items 15-21 were service contracts for various human service organizations. The ordinances in the agenda packets were incorrect and new ordinances were on the council tables. The contracts were awarded by cou+petitive bids and when the bids came in, the names of four of the organizations had changed. Three were very similar to the way the agenda was po&-W but one was not. Item 016 would have to be pulled in order to comply with the open Meetings Act. Biles motioned, Young seconded to approve Items 9-15 and 17-21 with Itam 016 to be placed on an upcoming agenda. on roll vote, Beasley "ayerr, Brock "aye", Cott "aye", Krueger rraye", Yang "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 9. NO. 96-283 AN ORDINANCE A00[I LNG CCMPETITTVE SIDS ALD AWARDING A O%MRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING POR THE FXPENDrIURE OF FUNDS THEREFOR; AND PRWMING FUR AN EFFECTIVE DATE. (Bid 01958 Aerial Device Bucket Truck and Utility Power Source Truck) 10. NO. 96-284 AN ORDINANCE ACCEPTING Od4T RIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THFR MM; AND PROVIDING FUR AN EFf TIVE DATE. (Bid 11959 12 CY Dump Truck Ctua<ssis and 27,500 LB GVW Truck Chassis) 11. NO. 96-285 AN ORDINANCE AOCEPTTING OCMPEITTIVE BIDS AND AWARDING A CONTRACT FM THE PURCHASE OF MATERIALS, BVIPM NT, LAIPPLIES OR SERVICES; PROVIDING FCR TED; • EXPENDITURE OF FtH)S THEREFCR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 01960 loader/Backhoe Tractor & skid Steer Loader) 12. NO. 96-286 i AN ORDINANCE AOCE V ING OOMPLTITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE • EXPENDITURE OF FUNDS UM FM; AND PROVIDING FOR AN EFFECTIVE DATE. • • 13. No. 96-287 AN ORDINANCE PROVIDING FOR THE EXPFNDrIURE OF FUNDS FOR EMERGD= i PURR HASFS OF F kMUAIS, EQUFPMENT, SUPPLIES OR SERVICES IN A000[m4NCE WITH THE PRWISIONS OF STATE LAW E4ZTrING SUCH S501ASES FROM RBQUIR01EMS OF OCHFETTTIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. 071976 - Able Sheet Metal) C r`. i City of Denton City Council Minutes Deommber 17, 1996 Page 8 14. NO. 96-288 AN ORDINANCE OF THE CITY OF Danw, TEXAS, AUMMIZING THE F7PENDrAME OF FUW FOR THE PURPOSE OF PAYMENT BY THE CITY FX)R REDMKW MENr OF COST FOR DESIGN AND OONSIRUC,RTON OF JOINT TREATED WATER PIPFSSNE ALONG SOUTH TFA4IEY LANE TO UPPER TRINITY RFY;IONAL WATER DISTRICT (UnWD) ; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 96-289 AN ORDINANCE ACCEPM1G CO[' =ITVE BIDS AND PROVIDING FOR THE AWARD OF OOFIRACTS FOR SERVICES; PROVIDING FUR THE E?FFNDn UM OF F,dW TMEFOR; AND PROVIDING FCR AN EFFECTIVE DATE. (Bid 01981) 16. The Council was to consider an ordinance authorizing the City Manager to sign a contract between the City of Denton aivi North Texas Commmity Clinics. (Bid 11983) This item was not considered. 17. NO. 96-290 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR SERVICES; PROVIDING FOR THE EXPENDITURE OF MW THEREFOR; APED PROVIDING FOR AN EFFDC'TIVE DATE. (Bid 11982) 18. NO. 96-291 AN ORDINANCE AACEPMiG C3GTT'ITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR SERRVICES; PROVIDING FOR THE E)MMITU RE OF FUNDS MMtUM; AND PROVIDING FOR AN EF'FE)CrM DATE. (Bid 11980) 19. NO. 96-292 AN ORDINANCE ACCEPTING OMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR SERVICES; PROVIDING PL^R THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FUR AN EFFECTIVE OATS. (Bid 11977) 20. NO. 96-293 • 4 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR SERVICES PROVIDING FOR THE DXPFommE OF MW TfD>REFOR; ' } AND PROVIDING FIYR AN EFFECTIVE DATE. (Bid 11979) 21. NO. 96-294 • AN ORDINANCE ACCEPTING COMPETITIVE BIDS APED PROVIDING FOR THE AWARD OF • ' C'tRRACTS FOR SERVICES; PF MIDMG FOR THE EXPENDITURE OF F %W W REFiOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 11978) 1TfAl'i FC R INDI UMBL 1`ICf7 22. The council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Affordable ~IA4{T.yurl i9.) ~.y) • City of Denton City Council Minutes December 17, 1996 Page 9 Housing Corporation for an increase in the supply of affordable housing in the City of Denton; authorizing the expenditure of funds therefore; and providing for an effective date. Barbara Ross, ommmity Development coordinator, stated that this ordinance would approve a contract with the Denton Affordable Housing Corporation. Currently they were the only organization in the city of Denton which had received status as a community development housing oorporat ion. This certification was from both the State of Texas and the City of Denton. The following ordinance was considered: NO. 96-295 AN ORDINANCE OF THE CITY COlIXU OF THE CITY OF DENTON, TEXAS, APPWM4G AN AGR M ?r BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AIMMZING THE CnY MANAGER TO EXECUTE THE ACd2ED04T AND TO EXTEND FUNDS WITH RESPECT TO THE AGREEMENT; AND PRWIDING FOR AN EFFECTIVE DATE. Cott motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", I(Yueger "aye", Young "ayes, Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered adoption of an ordinance authorizing the City Manager to execute a tower lease agreement between the City of Denton and Dallas MIA, L.P. for property located at the Spencer Radio Tower and the McKenna Park Radio Tower, Denton, Texas. The following ordinance was considered: NO. 96-296 AN OVODW CE AUTHORI ZING THE CITY MANAGER TO EXECUTE A TOWER LEASE AGMMU BETWEEN THE CITY OF DENTON AND DALLAS MIA, L.P. FOR PROPERTY LOCATED AT THE SPENCER RADIO TOWER AND THE M30SM PARK RADIO TOWER, DENrCN, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley • "aye", Brock "ayellr Cott "nay'f, Krueger "aye", Young Faye", Biles "aye" and Mayor Miller "aye". Motion carried with a 6-1 vote. 24. The Council considered approval of a resolution approving the agreement for r transfer of assets from the Flow Foundation, Inc. to the Flow Health Care Foundation, Inc. subject to the conditions of this resolution. • City Attorney Prouty stated that this resolution would approve the transfer ! t • • agreement whereby the Flow Foundation, Inc. world transfer all assets to Flow Heath Care Foundation, Ira. Both of these were charitable organizations which seek to obtain contributions for health care. The Board of Directors of each of these organizations felt it would be more efficient to have only one organization. The transfer agreement required the City and County to approve it prior to it becoming effective. Flow Health Care would continue to honor the escrow agreement. • r .s r • City of Denton City Council Minutes December 17, 1996 Page 10 The following resolution was considered: NO. R96-078 A RE50LLIFION of 7H£ CITY OF DafxN, TM(A.S APPROVING WE AGREffmu FOR TRANSFER OF ASSETS FROM am FIf)W FoLWMnON, INC. To THE FLAW NEALTH CARE F MAnON,INC. SUB3ECT M THE CONDITIONS OF MS RESOLLITICN; AND PROVIDING AN EFFVCTIVE DATE. Brock motioned, Biles seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Oott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 25. The Council ccmidered a resolution appointing Ted Benavides to the Board of Directors of the Industrial Development Authority Board. Y,athy DuBose, Executive Director for Finance, stated that this resolution would appoint Ted Benavide. to a vacant position made when former City Manager Lloyd Harrell resigned. The following resolution was onsidered: NO. R96-079 ' A RESOWTICN APPOINTING MEMBERS TO INE BOARD OF DIRBCIORS OF THE INDUSTRIAL DEVELOPMENT ALMIOFtIT1t BOARD) AND PROVIDING FOR AN EFFDCTIVE DATE. Young motioned, Brock seconded to approve the resolution. Cn roll vote, Beasley "aye", Brock "aye", Oott "aye", LCnneyer "aye", Yang "aye", Biles "aye" and Mayor Muller "aya". Motion carried unanimously. 26. The council considered noudrations/appointments to Boards and Commissions. Jeri Ooe was nominated by Council Member Young to the Plumbing and Mechanical Code Board at a prior meeting. on roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. • 27. Vision Update Council Member Beasley stated that the Cabinet reoently received reports fram its various committees. The Work Committee reported that they were promoting the 4A half vent sales tax election which was part of the Vision for the Work Camittee. The Family Resource Center had feud a possible funding source and was exploring that possibility. The Live Oaamittee reported that the design work on the • entrance markers was being worked on and it was working with the neighborhoods • • ' to pramote organizations. The Play 0=dttes had three oamdttees working, one of which had ompleted its work on the design guidelines for the downtown area. 4 28. Miscellaneous matters fram the City Manager. City Manager Benavides, speaking on behalf of the entire staff, thanked Council for its support for this year. r 1 y r< 1p.. y +v yyv~' rtvrc ` ~ ~v i x.fi'S.:d'6efaa+.a+Yw..,...............~J...w.www....iw.r.e....+......~.r'r,~.r.~.r.~..._.Y~....~... :.M1t'..S'.....`~a.... a +.a:~.r+. City of Denton City Oouncil Mimes December 17, 1996 Page 11 29. There was no official au;tion taken on closed Meeting Items. 30. New Business r There were no item of new business suggested by Council for future agendas. i Mayor Miller expressed best wishes to Jeff lnveger as this was his last meeting. Mr. nveger would be sworn in as Oounty Ocnmissioner on January 1, 1997. With no further business, the mating was adjourned 8:45 P.m. JAf.2C M LUM, MAYOR CM OF DRf M, TEXAS i JEWIFER valaPFs CITY SDCR6TARY + CITY OF Daum, TEXAS A0000354 r: r, } w t i y { w r ~'v ~'4y I a "i . . °a y i'yr ~ H ~ t a t :.;~'0.A~ N«' y is i ~ 'f` + d. ~ w q,j, ~t". 06 5 y: Y 1 1 f w• f 4w y 'r ~r , .1 . ~av,wro r+.., - F. !~4 :G .Y ti..1~C..a .ra r. /Y X~ww ~•i_.t..: Agenda No. 9`I-o0 l0, Agenda Item Oate F ' CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: February 4, 1997 SUBJECT: Hold a public hearing and consider an ordinance rezoning 128,418 acres of Planned Development 118 (PD•118) to the Single Family 16 (SF-16) zoning district. The subject property is located southeast of the t tw intersection of US 377 and Brush Creek Road. RECOMMENDATM: The Planning and Zoning Commisslon recommends approval of the request (6.0). . SUMMARY: See Planning and Zoning Commission Report. ' N,• , BACKGROUND: See Planning and Zoning Commission Report. h , PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. ^P ~rR rr 1 W", 6 fL _.~..a:__,... . t1 MIOW" , J~ti Ff N`.''u~ " ..r.~ r~ d"~ r.`'t.`~.i~J r'.. i, 'r4F +Z414~S,Y~" 1 E Please advise if I can provide additional information Respectfully submitted: Ted Benavides City Manager Prepared by: I~ I i X, ar Walter . Reeves, Jr., AIC Urban Planner Approved: Rick Svehla Deputy City Manager Attachment #1: Planning and Zoning Commission Report.' . ' Attachment #2: Ordinance. t. Attachment 03: Minutes of 118197 P&Z meeting. ` I 11, i , p , , q.~'S .i ~ ~i'~ ~'r`a~~},~,y '~S.j'K i~,~dit„'i wti ,+y~ L r KAI& • i I ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: February 4, 1997 Subject: Z-96-054 GENERAL INFORMATION Applicant: Matthews Investments Southwest, Inc. XIII 1660 South Stemmons #280 Lewisville, TX 75067 Owner: Same as above Action: Rezone 128.418 Acres of Planned Development 118 (PD-118) to the Single Family 16 (SF-16). Location: The subject property is located southeast of the intersection of US 377 and Brush Creek Road+ (See Attachment 1) Surrounding Zoning and Land Use: i` LOCATION ZONING LAND USE r north: (A) 6 ETJ Agrlcultundlraaldanbd use. South: (A) 6 ETJ Vacant land, egrk-AuraVrasidsntai uee. Ent ETJ Denton Country Dub. Wast (A) s ETJ Vera nt land. Denton Development an: ow n enslty Area o a oca ion . Moderate Intensity Area #95 (83% allocated). SPECIAL INFORMATION The subject property is not platted. Through the plat process, interior streets, sidewalks, fire hydrants, and water service will be provided. Right-of-way along Brush Creek and US 377 will be dedicated. Some road improvements will be required along ! s Brush Creek Road. Sidewalks will be required along all perimeter street frontages. Sewer service will be provided by Individual septic systems. " BACKGROUND The subject property was annexed into the City of Denton by Ordinance 86.21 on ' January 21, 1986, and placed in the Agricultural (A) zoning district. L ~ August 5, 199$ The subject property was rezoned from the Agricultural (A) zoning district to a Planned Page 1 l 3. D71. t_ • Development (PD-118) zoning district by Ordinance 86.145. This PD would have allowed a mixed use development which included Single Family 10, Single Family 16, Multi-Family, Single Family Attached, a Private School, General Retail, and Open Space (Attachment 2). This PD was never developed. January 4, 1994 The PD is modified to single family residential development on 11,000 square foot lots, single family attached, and nine additional holes for Denton Country Club by Ordinance 94-002 (Attachment 3). NOTICE Thirteen (13) notices were mailed on January 10, 1997. Five replies were received, one in favor and four opposed. The opposed area constitutes 4. ANALY 1 Denton Development Plan Policy Analysis Summary Low dl Moderate Intensity Area DA"Worierd Roft V& Policy 1 POLICY COMMENTS "Oiainal sWMWW tie..wue s,sawrw.e To W oonsislent with the Plan, a Allocated Intensity . 7,705 mtanslty trips. development shouts not exceed ft Proposed Intensly . 2,568 intsnsiy Nps. X allocated Intensity. Strict We plan oontrol within 1,600 Than Is residential use within 1,600 feel of feet or *)d Ong low den" the project. X Trartk design to ensure That WC Not applcaMe , Famiy or Non-Resider W uses have access b cdiectors or larger ""Isis with no dyed aaess through residential streets. Su6lclant groan speoe, recreational No toand ncreationd spas proposed. Park tacNities and diversify of parks we dedoatkn poky Is voluntary. prodded e Ini,tt into planning by neighborhood No neighborhood rnseeng has been hall associations and ooundis is r snoouraged. NelghboRaod service center Not spptceMe. ( - ooncentratkn NonrgWanbal A mils separa%on Not applicable, ti Page 2 5! • - - - • rr~ _ YY r 4t • M01 Any form of oontinuous strip Not appneaVe. commardal development Is strongly discouraged In or rear tow Intensity - areas U8 377 Is also covered by the Major Entrance Way poticles of be Plan. The mater entrance ways are tines lraawrye and primary rta lals predominanfly, used by incoming b*Mc into the City of Denton. Developments aw ng major entrance ways present dw first Impressions of the Chy to III public eye. The policy of this Plan tMrefore Is to encourage and promote good urban design to snMnce the aesthetic quality and visual amenities along entrance ways. The bhovdng specific guldeSnse are required. Development Proposes should be Most of these issues are addressed through the buiidng pemdt process. Howevet, r"wed to ensure adequate the design and oonstnwton of the building facade can onty be addressed through oornptlance with standards and nwww of a aw plan. requirements Including but not Rented ta. Front yard setbacks Building coverage Landscaping slgnago Curb cuts - Off -street parldng, Facade deso who construction Pedestrlen saws Pronwte Integrated site design and Not sMacabia. layout erMch considers agacent . tracts of lend with emphasis given to internal circulation as opposed to , oontnuous strip devoloprrent WOMMERDITION The original application was for 148 acres (128 acres of Single Family 16 and 19.77 acres of Commercial). After reviewing the staff recommendation of that request (to deny due major inconsistencies with the Denton Development Plan), the applicant submitted a letter on January 22, 1997, (Attachment 4), to withdraw the Commercial portion of the request. As a result, the analysis of the proposal was significantly altered, and staff was able to recommend approval of the revised request (128 acres of SF-16) to the Commission. The Commission recommends approval of the request , (6.0). 1 ALTERNATIVES 1. Recommend approval as requested. 2. Recommend approval with additionaVotfier conditions. • 3. Recommend denial 4. Postpone consideration. ENCLOSURES 1. Location map. 2. Original Planned Development. 3. 1994 Planned Development. • • 4. Letter from applicant revising application. J Page 3 S _ 1 s r~ f".:. al' . Y / r ENCLOSURE I C NortTh NTS BRUSH Mccr JOHNSON y• ~ t ( .VICINITY MAP e, y ff1- '4 ~y !r ~ ~f. • y i ~.ti~e 1' ~i 9 r: ]S~4 Y P IY Y ~,.f4 (hyw~' ~'N fl 1<f{ i „Y< ~^ti yyh.. ~ ~w~, 1~ ~'F ,1, ;"t'~ ygi'~` tM;~r'Sti ~i"~ ~ ~ ~ Yn~t~Yl ~~'7 ~ ip ~~i"~~++yb~ry "'~~IS';•~ • I { ENCLOSURE 2 f. BRUSH CREEK ROAD Q~ 0 / • P4AD 0(99.0 A B C D E F O H Q®Qq~, wn.n ~r w ea sy • Q(r~Q®f~ v,rO Saee rsr Sr.a u.a u.r: ss.re re.Or ue.sS P.Q.Q.®G`J10O.Q.M. e.r e.r s1r roe ur lot Sa no Col©G`J~~964C1®Q@e rr•s Ml u,r r.v 1.41 e.a M d4S7® oG~°pl~ ©G°1~1C~© e.ee 1.73 are e.es r.u o.rl 12.r: % • • V. OOP @©MCgL.(pp 's1[>lmv 14.71 lees L.N r.U r. NS u.sN rS.n n.eN SOON WOODCREEK port sr-s rsMar rwL+ etr.ote, v-0 solar run. oNr.txp J ( JO STORER METROPLEX ENGINEERING CORPORATION .p Ip1.p IA WI Mnw ~~1 nN1 bl•nH •Rtl JI•wl 1 C y _ r T _1 • 0 • • • RECEIVED ~i= I (E p{ANnfna 6 U[Vt1•wNUS / f/,~~ i ~f i 1J~ r ~~e•m>tioi OQAATNEUI I /R tnr ~ f a I / fti.aiP' I M ~f PY..S - - - ; n m•uR' r P n> s• u u Slpu ;YIJ I rw• ~ R T t.1r Y' • "em k3R4 M%. AK C•D 'a ~ ' ♦ ~ CE S rMl •[la•~ • Mi!tt Y EV n•NZ r.u i ~ 8, wt a C m+a wro r All". if N ~ -1' R / / 1\ > a t•ar °O,I1Hd-YI.1/ O ~ M l I° p~ A I , w 1" ' I . y vr J yMk< W a r war •P w " > ~r ' C6b Wf Ca.u-. l\ wRAN • ti • DENTON 11J~ UCf • • M ~ql °Y 1 I i> ry ,1 - ,.,~MRI IM •a K Iwr .w S . 1 ww~~R,rr f 1 Q 111x1. A. • 1,, w uNEau co"cESS PLAN OF 21.54 ACRES AND ® + DEIAA,ID PLAN OF 142.39 ACRES ! ' n r•r ° 8 rrr • f v ° ~ DENTON COUNTRY CLUB ESTATES ,r~r ( r• DENSDN, DCNS'ON COUNTY, "W FOR •n i 1 G EIJ 1 mss; N a w .M, D GG OCKLDPYCNT CROUP, D1C. M 1607 NE5T17Ns7CR ORiK ..,,I .w OCN70K TEMAS 76103 1 '..m M N . kw• r; „ „ • " Aomfe 094 Golf couru o.6rDrl me ro137 ea6•83e3 - • Y 4, . .,....~......r:~.~.''Y..,..'...ti'~1.: L.s~.±..~ '_~4"'M..v.L~ at"?t~o4..^t~._ry~vW ai r,'+lriisl._~, `,;yt~r x"~•~~t~,~{ 741.22.1997 4136PM MRTHM SOUTH6CST M.151 P. V2 . neoiauw Fwwrv ~ ~ ENCLOSURE 4 Ta ~us-,ieo . rs~ a4~•,an r'~ AA January 22, 1997. Mr. Walter Reeves, AICP, urban planner City of Denton City Hall West 221 X. Elm Street Denton, TX 76201 u: Denton country club Estates Dear Xr. Reeves: Per our phone conversation, the purpose of this letter is to f officially request that our application for a soning change on 19.77 acres along Highway 377 from planned Development Ill to Commeroial be withdrawn. I intend to attend the Planning and Zoning commission seating tonight to verify this request. Should you require anything else regarding this matter, please call < Sincerely, MATTNZWS INVESTMENTS SOUTHWEST, INC. XIII Tie House +7 `y i ` MIS ay i ' r i P i 1 0 Q~ yy ! µ 'r R~J ` ✓ ~ 1 ~ ! ~r a{ ww °P''rC . +'if ~ ~i 'l` ~ mil ! . F \VDDX$%0RD\2%05 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 118 (PD-118) TO THE SINGLE FAMILY 16 (SF- 16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 128.418 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF US 377 AND BRUSH CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Matthews Investments Southwest, Inc., XIII, owners of the subject property, initiated a change in zoning for 128.418 acres from Planned Development 118 (PD-118) to the Single Family 16 (SF-16) zoning district zoning district classification and use designation; and WHEREAS, on January 22, 1997, the Planning and Zoning commission recommended approval of a change in zoning from Planned Development 118 (PD-118) to the Single Family 16 (SF-16) zoning district classification and use designation, and WHEREAS, the City Council finds that this change in zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the zoning district classification and use designation of 128.418 acres described by Exhibit A, attached hereto and incorporated herein by reference, is changed from Planned Development 118 (PD-118) to the Single Family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. Section II. That the City0s 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 exceeding $20000.00. Each day that a provision of this ordinance is violated shall const'.tute a separate and distinct offense. Section IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City • Secretary is hereby directed to cause the caption of this ordinance • 0 to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the data of its passage. p, • , 0 • • ~ r i Jr y ♦ ,r o .ski ry~ ktY xr1 ~Q ~l: d"i~ a Mzy~ tai , PASSED APPROVED this the dF.y of , j 1997. 9 !j JACK MILLER, MAYOR 1 ATTEST: i JENNIFER WALTERS, CITY SECRETARY fitF ~a Y BY., APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY f BY C/1~4 ~cX~~ -7 r }J,. tin s 7 f F i °r i ~ PAGE 2 dl w " . ~ 1 r rv • • Em atT PROP1112t DUCRIP'1TON 12$.418-Acre 087-16' Residential Tract STATE OF TEXAS: COUNTY OF DENTON: BEING a tact d land WWabd In the H. Haggood Su vsy, Abstract No. 817. the W. Hudson Survey. Abstract No. 588 and the G. D&*Wty Survey, Abstract No. 3514 Denton County, Tom being d Tracts 2 and 3 and a pardon, of Tract 1 as dsamtsd In deed to Matthews (nwetpmb Southwest Ina )a ae noorded In Denton County Clerk's Ro No. 48-R00 M2 of the ftal Pmpody Rsoorde d Der2on Courtly, T6m0 (RPRDCT) and being mars pw&AAariy deemed M bl we: COMMENCING ad the IntsrsecWn of the sourlh kw of Brush Creek Road (Vadabls width FLOW), the southsas" one d U.S. Highway No. 377 (VwW" width RO.W.); THENCE N 84'41'40' E, Wong the south thus of add Brush Creek Road, 300.00 fi* to the POINT d BEGINNING d the hsrsln descrbed tract d land; THENCE N W41140' E, oontlnuing stung the south tine d sdd Brush Creak Road, 256.00 feet; THENCE N 09'30'13` E, 90.31 lew to a point in said Brush Creek Road, laid point yang In the north WA of esid Deurphsrty Sunray, Ab~ No. 351 end the south Rns of the James Severe Survey, Abslreot No, 1104; THENCE N 89°41'40' E, In sold Brush Creak Road, 641.89 feet; THENCE depardng said Brush Creek Road, along the west end south tins d Woodmek, 81ock One, an addition to the City of Denton, Denton County, Tom u recordad in Cabinet E, S@de 214 of the Plat Records of Denton County, Tun Bte • folkmdng. S 00'1a'lg' E, 100.00 feet; ! S 47054'63" E, 389.97 feet S 80°57'59" E, 120.00 feet; ti" • a ' S 58'18'2T E, 63.36 feet; THENCE along the west and north ones of a tea d lend as described in deer! d trust to H.B. By, Trustee, as reom%W in Volume 1913, Pegs 07410 of the Dad Re=de of Denton County, Texas (DRDCT) the fotki t: S 00°33'13" W,145.00 feet; oil • • l~k+i l B lT' R ' N 89*115'~2~..1 9y' W,y1~8~3.84 (feet; S 00 61'.5 E, 394.53 fwd, 9 02'69'1 T W, 918.97 feet; N 89'38'134 W, 1452.92 feed S 00'13'18" W. 1032.28 het; THENCE S 78'1 VW W, atone the north Ine of a tract of tend cue disaibed In deed to Haymtond Oavid Thompson, as recorded in Vokxre 11753 Page 31Z DRDCT, 591.80 feet; THENCE S 79°08'68' W, along the north Ens of a tract of land as desat od In dead to Harvey Men Thompson, as recorded In Volume 1174 Pape 312. MOM, 1280.43 feet THENCE N 2528'00' E. depwft the north Ere of aid TWnpson brat, 2482.32 het to a Point In the south Ire of a tract of lead as described In dead to J.W. Gadn, as recorded In Denton Candy Cladt'e Ftis No. 9"M 43Z RPRDCI; THENCE along the south and east fine of said Gatlin tract the UbwkV: S 62 32'O04 E, 28.43 het to the Point of curvature of a circular curve to the left, having a radius of 383.08 feet Sadheastaiy, along sold circular curve to the K through a antral angle of 2516'00`, an am dow" of 17287 feet to the point of wngsrwy; S 89°4500" E, 17.00 feet: • N 22013'00" E, 112324 feed N W18'20^ W, 281,15 het to the POINT of BEGINNING and ooMaining 128.418 ' etas of land. NOTE: o The hwainabove property desaipiion was compiled sdoy from the deed recorded in • o Denton County Clerks Fh No. MR0048712 of the Heel Prop" Rem-do d Deiftn Estates County. Texas, adjoining desda and the Prellminery Piet of Denton Country Club i° .1e ,k a C. Now" • a ATTACHMENT 3 P&Z Minutes URA January 22, 1 997 Page 6 IV. Hold a public hearing and consider a request to rezone 148.20 acres of Planned Development 118 (PD-118) to the Single Family 16 (SF-16 [128.418 acres]) and Commercial (C [19.77]) zoning districts. The subject property is located snutheast of the intersection of US 377 and Brush Creek Road. (Z-96-054) Ms. Russell opened the public hearing. Ms. Russell: The applicant has withdrawn the commercial zoning along Hwy 377. Mr. Reeves: This request was originally to rezone 148 acres from PD 118 to Single Family-16 and Commercial. We have a letter requesting that the commercial zoning be withdrawn. That means that area will remain in PD 118. We will be considering the 128 acres and the request for SF-16 zoning. We did do notice and prior to this meeting we received five responses. There were four in opposition and one in favor. Prior to the meeting the opposition was at 4.4%. At this point in time the 20% rule is not in effect. We received another reply in opposition before the meeting started tonight. This is an old PD for this piece of property. We have a preliminary plat showing what they are proposing but it is not part of the zoning case. Since they have removed the commercial zoning the analysis in your backup wil! change. On page 2 of my staff report, the first item concerning intensity allocation, the new allocated intensity for the property is roughly 770 and the proposed intensity will be 256. There is still a :;tile bit of a moderate ) intensiry involved here. It would be consistent with the Plan for the SF-16. 11he second policy, strict site plan control within sixteen hundred feet of existing low density residential, will still be inconsistent. The third policy, traffic design to ensure that multi-family and non-nKidential uses have access to collectors or larger arterials with no direct access through residential oxeet, since there is no longer any non-residential or multi-family proposed here that policy is not applicable. The fourth one, sufficient green space, recreational facilities and diversity of park.e are provided, this one will remain the same because we do not have a formal park policy, our is strictly voluntary. Humber five, input in the planning by neighborhood associations and councils is encouraged, there has not been a neighborhood meeting at this point. The next two policies, neighborhood service center concentration and the half mile separation do riot apply since the commercial has been removed. Also the strip commercial policy is not applicable. The next section has to do with a project that is riot consistent with the intensity policy and since this project is now consistent you can strike all of that out. Finally, the last set of policies O covered are major entranceway policies of the Plan, and Hwy 377 is considered an entranceway. There are a number of things that would be considered but since there is no zoning actually on Hwy 377 anymore these are not applicable either. Staff is now recommending this rezoning of 128.418 acres from the PD 118 zoning district to the SF-16 zoning district. Mr. Cochran: What would be allowed in the area that will remain PD 118? • O O ' Mr. Reeves: Should this rezoning be approved then the existing detailed plan will no longer be valid so anyone that wants to develop it will either have to rezone it or submit a new detailed plan. There is also a provision in our ordinance that says if a PD can't be used then it could revert back to Agricultural zoning. Ms. Russell: Would the petitioner care to speak? r+(. -0 I P" 01 q P&Z anuary Minutes II R A F January 22, 1997 , J Page 7 Mr. Tim House: My name is Tim House and my address is 240 McMakin Road in Double Oak. I am here tonight representing Matthews Southwest which is a Dallas based real estate development company. We do all sorts of developments, primarily residential. This is our first time to work in Denton. We have acquired a 148 acres located immediately west of the Denton Country Club. Our main purpose for doing so is to create a large lot residential development that is golf oriented to take advantage of the adjacency to the golf course. We are requesting the SF-16 instead of Agricultural zoning for one main reason. Our prototype lot is a hundred and twenty-five feet wide. Agricultural zoning has a minimum lot width of a hundred and fifty feet. We want to provide a hundred and twenty-five feet as the prototype and it gives us the opportunity to have more lots exposed to the golf course and also flexibility for those houses on those pads. Our intent is a residential neighborhood that will be custom housing. We originally were requesting some commercial zoning to provide a buffer from Hwy 377. We have no commercial use planned there in terms of specific users. We had some neighbors that were concerned that we had a store that we wanted to put in there. Our main intent is for the single family residential. We have met with the Denton Country Club, unfortunately the person that we were meeting with is no longer with the club. a Nis. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone { that would like to speak in opposition? Mr. Bill Lewis: MY name is Bill Lewis and my address is 900 Brush Creek Road. We see a few problems and questions that we would like to raise about the project. We have a concern about the entrance on Brush Creek Road. Brush Creek Road is a small county road with no shoulder and it is deteriorating under the current load and it was not designed to handle the traffic from a subdivision. There are several solutions to that problem. One of those would be for the developer to improve the road, or the more obvious solution would be to move the entrance to Hwy 377. Hwy 377 is a state highway and it is maintained on a regular basis. It is a wider road and it does have a shoulder on both sides. There is also a problem with drainage along Brush Creek Road. As it is now Brush Creek Road floods now any time we have a thunder storm near Hwy 377 and near the bridge. 1 also understand that these houses will be on septic systems and that will also aggravate the drainage problem downstream where the bridge is. Nis. Russell: The drainage will be addressed in the platting process and we have seen this property before so we are fa:::iliar with this property. ~ t Mr. David Yoder: My name is David Yoder and my address is 940 Brush Creek Road. I am not in opposition to them going from smaller lots to larger lots. The issue with most of us that ara here tonight is the drainage. There is a severe drainage problem on Brush Creek Road and it will become worse with this development if it is allowed to go the way that it has gone. The other thing that is of concern is the condition of the road. There is a problem with flooding on the north end. The bridge is a problem because not only does the water from the golf course, but the water from the country club's lake, as well as all of the water running off the back of this property runs into this creek. On the original plat showed these lots being on a septic system hooked into the City of Denton coming in from FM 1830. There is a layer of rock that is two feet deep in my yard, in some places it is deeper dnd the water goes down to the layer of rock t:' • , P&Z Minutes J~ A F JJams anuary 22, 1997 Zl, , Page 8 r and proceeds in the creek. It they have the same situation, then the question is have they done perk tests and how far down will it go? It does not make sense to me to have the first phase of the project put that many people using Brush Creek Road when you could be using Hwy 377. Finally, who polices the floodplain and what does or does not get built there? Ms. Russell: We can send out a courtesy notice when the plat comes before us, or you can call the Planning Department and find out when the plat will come before us. Mr. Svehla: When this property is platted there will be some improvements required along Brush Creek Road in front of their property. Mr. Yoder: Some of the problems with the road are farther down where it is washing out. Mr. Svehla: That would be a county issue and not a city issue. Ms. Susan Apple: My name is Susan Apple and my address is 8000 Woodcrest Circle Our property actually backs up to this property. Our property actually backs up to the proposed plan. There is a problem with drainage and flooding. Unfortunately the problem has become a little j worse because someone built a cement dam so that they would have a pretty waterway. 1 am 4 on the board of directors at the country club and wa do not have a relationship with the developer. We currently have a moratorium on golf memberships and there are not any for sale. Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make any final remarks? Mr. House: Many of the items that were addressed here relating to the plat, they are similar comments that staff has made in preliminary meetings. I feel that all of these issues will have to be addressed by us. The main purpose of our application is to take an existing PD that allows for smaller lots and rezone it for larger lots. Ms. Russell: We will close the public hearing. Mr. Reeves, can you talk about septic systems, 1 know that there is an aerobic system that would not cause the problems with drainage. I i • Mr. Reeves: Our subdivision regulations address alternate water and sewer services. To get a permit for the septic system you need to have net one acre outside of drainage easements and right-of-way. In this particular case there are some lots that won't meet that requirement and we continue to work with the applicant to resolve that problem. Mr. Powel': I move we recommend this request to rezone 128 acres from Planned Development _ • 118 to Single Fancily-16 zoning district. • 0 Mr. Janes: Second. Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) JJ t: w..ron.,'Q.W0.'M➢KN':.rtr-AYwu.MyM......`....r.r..~... ..._~.~~...,i.wr ~ Agenda No.. Agenda III Date CRY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: February 4, 1997 SUBJECT: Hold a public hearing and consider an ordinance for a Specific Use Permit for Delta Lodge, Inc. The subject property Is In the General Retail (GR) zoning district and Is located on the southwest corner of Oak and Fry Streets. flECOMMENDATION: The Planning and Zoning Commission recomme,-4s approval of the request (5.2). SUMMARY: The 4200/6 Rule' will be in effect for this case. The percentage opposed is 44%, thus, a supermajority (6 votes) will be required to approve this request. t BACKGROUND: See Planning and Zoning Commission Report. M NTS OR GROUPS AFFECTED: PROGRAMS DEPART Not applicable. PI,SCAL IMPACT: None. - r • • • ~ I J i .10 3 s 4 sy • s t a rr i Please advise H S can provide additional information Respectfully submitted: Ted Benavides City Manager I Prepared by: Wafter E. Reeves, Jr., AICP Urban Planner Approved: Ric Svehla Deputy City Manager Attachment #1: Planning and Zoning Commission Report. 0 Attachment #2: Ordinance. Attachment #3: Minutes of 1/8197 P&Z meeting. t ' i ' t y i 1 ii..r~ 4 9k~'~.9~ n X2,45 S Mir, ~`'F~ v ~u~~ +al~ . {{y4 V t t'~ lYr yr ~ ` 1 i^ v.... YM i } s•' i '~.h"Iw~}+t~ r44tlj ry,:fr Ail • ATTACHMENT 1 . PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: February 4, 1997 Subject: Z-96-452 GENERAL INFORMATION Applicant: Mr. Todd Kaastad 32 Rolling Hills Circle Denton, Texas 76205 Owner: Mr. Lowell Orelup (Delta Lodge) 7949 Kings Ridge Road Denton, Texas 75035 Action: Request for approval of a Spec•tfic Use Permit for a fraternity on 0.75 acres in the General Retail (GR) zoning district. Location: The subject property is located on the southwest corner of Oak and Fry Streets (Enclosure 1). Surrounding Zoning and Land Use: LOCATION ZONING LAND USE NoM: See Endosure 2 A mixture of office, mu t-family 6 sinyie family. South: See Enclosure 2 A variety of remit uses. Eat: See Enclosure 2 A variety of retell uses. West See Enclosure 2 A vsA sty of retell uses. , enton Development on: ow mans ity raa # 116 e a ocate . 1 SPECIAL INFORMATION The subject property wi;l no! require platting. Section 34.8(a)(2) exempts development on a single tract which was subdivided prior to January 1, 1960, and for which extension of streets or public improvements are not required to support the proposed development. No street or public improvement extensions are required to support the proposed development on the subject property, and the property has existed In this configuration since around the turn of the century. i BACKGROUND The subject property was placed in the Generat Rcfail (GR) zoning district by e Ordinance 69-01 which adopted a new zoninj ordinance and map for the City of Denton. Page f • • 1 , NOTICE Sixteen (16) notices were mailed on December 27, 1996. Four replies were received, two in favor and two opposed. The area opposed is 44% and the 0200/a Rule' will be in effect ANALYSIS The site plan for the requested specific use permit can be found in the backup as Enclosure 3. 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. The proposed use (a lodge) has existed at this location for years. To the south, east, and west, the land use pattern is one of high intensity retail ~ ises. The area to the north is a mixture of zoning districts (MF-1 being predominant) and usas, including owner occupied single family residences, renter occupied single family residences, multi-family residences, offices, etc. A new structure would be a significant improvement over the previous building. 2. That the establishment of the specific use will not Impede the normal and orderly development and improvement of surrounding vacant property. There is little surrounding vacant property that is not used for parking. While there a number of substandard structures in the area (particularly to the north) that are candidates for redevelopment, it is extremely unlikely that establishment of this specific use will impede the normal and orderly development of surrounding property. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. All necessary supporting facilities are in place. • 4. The design, location and arrangement of all driveways and parking spaces provides for the sate and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. The required number of parking spaces for this project is fourteen (14) (10 for • the house itself, and 4 for the Zebra's Head) the proposed site plan has • • fourteen parking spaces. The parking lot and driveway meet the standards of the City of Denton. Additionally, a parking study was commissioned by the Page 2 • :,r n Lodge, a copy of which is included as part of your backup (Enclosure 4). 5. That adequate nuisance prevention measures have been or will be taken to prevent -)r control offensive odor, fumes, dust, noise, and vibration. Noise will most likely be raised as an Issue. The previous version such house had a permanent bandstand in the rear (south) of the property. No bandstand is being proposed. Should any such structure be proposed at a future date, any SUP associated with the property would need to be amended. Under our current ordinance that would involve public hearings at the Commission and Council. However, a temporary permit for a bandstand can be Issued for events, but those will have definite timeframes. After expiration of the permit the bandstand itself will have to be physically removed. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. Only one light is proposed for the property, and that Is on the east side of the structure. 7. That there Is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. There will be more landscaping and screening on this site than can be found on other sites in the area. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (5-2). ALTERNATIVES f. Approve request as recommended. 2. Approve with additional, more restrictive, conditions. 3. Deny. 3. Postpone consideration. • ENCLOSURES 1. Location/20% Rule map. 2. Surrounding zoning. a y 3. SUP site plan. 4. Parking study. 5. Delta Lodge proposal to Voertman's. i _ Page 3 y h.! 1 R 37. p ' . r 0 ale v3 1Sj / X ` I , ,r •fi'~ 1~"~'°~ " ~w '~-0sk' a .yr i, 'art r°w iY r, ~F4°A; : 1xl rrrr - n 1F ~rA. ra~ 0 • _l 403 <11 Q r. Z - 96.052 ' ■'°8 T 5~2 0, 316 3il 4 o m ■ i 318 318_ s ■ 2„ 320 31 315 908 • 'I i ~ .510 ■ ~4 - 907 I -was- 313 i _ ■ _ 4 T~ r 222 j 4 - - 2- - ■ - - w ' m 220 /9 F2Ml 21 4 1202 . 1418 1410 132 1302 10,6107 Ell i•~ 1407 1 1217 1211 _ t B 109 C , ~c _ ■ t LL I'vo 512 ~ ~ i ) 1502 4 - 1G 1204 1022 W HICKORY - - - 09 Q, ,211 ■ UA w W its 1207 1201 1029 • LN- - - 1201 205 ' 1 12o1 1108 • 214 ~ L • • Total Area • 6,27 acres 120, sits 1022 _ j µm nwM,MM ruwM Mi rewM SOB _ ~`~G~~ ' _ _ I I~ - Area 0pposed • 2.29 acre: Area Opposed W y4 IIr -T - - - rM1 ~ ;Or -m i loaf • • ENCLOSURE2 - ®E I 16 I a r I Lill-- i 14 It I • ID, E e A"I 1011A~ I N0lI 3 - I Its til F - r4 l r~T ou if ~ it ~{tiv ' rI ~ C9 l i I Ro i■ ~7F e I _ I I a n~ a ® . I 1 . ■ I I 7 fey a ~ ~ e 1 i I l e RAI \ i~ y W w`lr i pt r,:YW .~C~ • tf~•~. wI M. ~ ~ ~qs.w I• ' • I r I ~ ' i I w. 1 wr. I ` i L Jn ►+4rr 1 . ` w t~ 4 i OOfS • rII. fy^- ~ , Y~~y4yYwyf~~r/°~ MI•t~wv~ I ~~So:•t i/• s r• t►n.rR ~r~~Tar ~7j..w~~~i tw.. ,'1 ' N~`+wV'r!)H¢N Iwt. F r•Wi. 1,~~ ~G6r~ YI r • J _ Y • FAY iTAEEY f q 9i {~~9 Y Kt L' 1 , I ~~r I r~ 4 9 r• r ~.N r.i. I d', r~ ' ~ ik_ y ~ OI,L t ~ ••t'-ti. F ~ awn ' V i i i m ^ rr / ~ ~ W f11Y fTRfIT ' ' / rrN r. rwR, /M.r our Vr. J! ' ~ r_? 1 T i - y C ~ 1~ \ ~ lMMrl 4'af1~ ~ R'A~ Mu ~,f I..rt~,.l.1 r ti 4717 0` ~ 1 •H/ ' f i ~`ii.,., - -R~.f~~-.. 0.H a+y.~ i _ yy~ ~I •rwf r. rY 1. ~rr+.M /wY..wHe nM`r flia. I. ~ri~i.'w. fM+ ~ "~rrvr \ I ►.+.k./m.rwr r. fr7 ~.ar{,v~~F~ m L JL-1 4 rld 1-j -yyu.(.r ~ r..~r.4 nw.+r~ wM.~rs-rnr_ rwn... N MP•f ~{uY,'o m4. ` .SA r f~MM'r^,1.°^'. Tw'• ~ 41 si. a~fr.. ~ T7i~rwil w1 Ori FRT STREET F71) i I I ^"^-~.y~' J 1';~~ ~•L ' 1 , ~~C t eke.. .,"B~1 ~ ,~1 ~ .+I •a .r{i}f~'~~ `a 4 ~ I • i • i q ENCLOSURE 4 Y d, COMPLETED: November 1996 i PREPARED BY: Dan R. Martin and David J. Fender Martin Parking Systems • 207 West Hickory, Suite 108 b , Denton, Texas 76201 ph,(817)380-8184 r . 1 . ~ 1 k r 1 " ,r r q mow{ , 1 ~ 4 °p Yr ENCLOSURE 4 TABLE of CONTENTS ♦ SECTION Introduction "story Statement Project Scope zoning Assixnptions Survey Types Survey Findings Condusron ♦ SECTION 11 Survey Results Oak St / Fry St Occupancy Su vey Oak St / Fry St Occupancy G raphs Fraternity Parking Questiorvuire ♦ SECTION III Neighboncck-d Interviews Voennian's Jerry Dreyher Distributer 1200 Block West Oak Zebra's Head ♦ SECTION N bbbit A - Drawings AA Area Map A-2 Proposed Site Drawing A-3 Voertrnan's Parking Lots AA 1200 Nock West Oak Parking Lots Exlvbit B - Photographs 1 8-1 - B-2 Site Ptiotgraphs B-3 - B-8 Neigboftod Photographs 0 r F)hbit C - Delta Lodge MemberWP List . ♦ SECTION V Q/ Zoning Code Arbde M 'Off-Street Parking and Load'ing' ♦ SECTION M ` • Martin Parking Systems 14MW i 0 Cfient Lin s • ENCLOSURE 4 INTRODUCTION Delta Lodge, Inc. (Delta Lodge) is currently in the process of making application to the City of Denton (City) for a "specific use permit" to reconstruct a new lodge house on a vacant site located at 1305 West Oak Street in Denton, Texas (Subject Property). The proposed new house is replacing a structure that formerly occupied the site and was destroyed by fire on October 17, 1995. The new structure will comprise approximately 5,127 square feet and will include 10 single occupancy bedrooms in addition to meeting space. Delta Lodge will own the Subject Property and will be landlord to the Alpha Chapter of the Brotherhood of the Delta Lodge (Chapter), who will be tenants of the building. The Chapter currently has 17 active members, 10 of whom will live in the house once it is completed. The remaining members, as well as guests, will visit the house occasionally for Chapter meetings and other social functions. Delta Lodge retained Martin Parking Systems, Inc. (MPS) as a consultant to survey current parking usage in the immediate area of the Subject Property and to project parking demand for the new house. MPS is to also work with Delta Lodge and the City to determine adequate parking requirements for the new lodge house. Supporting documentation related to the surveys, data, reasoning, and analyses in this report is retained in MPS's tiles. The depth of discussion contained In this report is specific to the needs of the client and is for the intended use orl of meeting city code requirements or justifying code variances for reconstructing a new house on the Subject Property. HISTORY STATEMENT Delta Lodge was incorporated on June 30,1987 under the laws of the State of Texas as provided for under Tex. Rev. Civ. Stat. Ann. art. 1399 and is organized as a non-profit social club dedicated to charitable and education purposes within the meaning of Section $91 (c) (7) of the Internal Revenue Code. Delta Lodge consists ors, 5-member Board of Directors all of which are Chapter alumni. Mr. 0 Lowell Orelup (work ph# 972.716-5486, home phN 972.333.7065) of Frisco, Texas serves as Chairman of the Board and is the primary contact person for this project. A local contact person and board member is Mr. Told Keasted (work ph$ 214-323-8811, home phN 566-6585) of Denton, Texas who Is Secretary/Treasurer and is also representing the Delta Lodge as a board member of the Fry Street Merchants Association. Delta Lodge serves as the "parent" under which the Alpha Chapter and any future chaptem are p organized. The Alpha Chapter of the Brotherhood of Delta Lodge is the official name of the organization that the students hold membership in. All Chapter members pay membership dues to Delta Lodge and only those mentlxrs who live the house pay rent to Delta Lodge. Delta Lodge and Chapter were organized after the members of the University of North Texas chapter of Sigma Alpha Mu va!ernity lost their national charter. The members then regrouped into a pdvatd mum • i • ENCLOSURE 4 organization using the same property. While members of the Chapter are students at the University of North Texas, the Chapter is not sanctioned as an official organization by the University. The Chapter is active in the community, including providing volunteers to staff the recently opened Fry Street police storefront. They also organizes and sponsor the popular "Fry Street Fair" each Spring, which raises money to be distributed among several charitable organizations. . There are currently 17 active members in the Chapter {See Exhibit C), most of whom live in the Immediate area of the Subject Property. Upon Issuance of a certificate of occupancy by the City, 10 members are scheduled to move Into the new house. PROJECT SCOPE The legal description of the Subject Property is Lat 1, Block 22 of the College Addition. it is situated on the southwest corner of the intersection of Oak Street and Fry Street. The property dimensions use, the are approximately 160 X 123'. In addition to the proposed development of a new lodge ho , Subject Property also contains an existing 20'X 40 building owned by Delta Lodge, Inc and is currently rented to a business known as "Zebra's Head." Zebra's Head is a retail smoke shop located at 113 Fry Street and is to remain a part of the Subject Property. The new lodge house is projected to be a 2 story structure comprising a total of 5,127 square feet. The building will Include 10 single occupancy bedrooms in addition to common areas for the use of the Chapter and their guests. The proposed off-street parking improvements (paved parking lot) is to consist of 10 tenant parking spaces and 1 handicapped accessible parking space for a total of parking spaces, MPS is recommending the handicapped space (see Exhibit A-2) be relocated so that the loadingfunloading access aisle is between the designated handicapped space and a standard space. This will allow for easier redesignation of the adjoining tenant space as a second handicapped space in the future if needed. MPS also recommends ingress/egress to the parking lot be from Fry Street as is shown in Exhibit A-2. There should be no curb cuts or vehicle access to the property on Oak • Street. ZONING ASSUMPTIONS Y MPS's representative, Dan Martin, conducted preliminary meetings with Jackle Doyle and Greg r _ • Mutchell of the City Planning and Development Department to discuss the best parking apace schedule F ' + • for submittal to the Planning and Zoning Board. On the assumption the new house will be classified as a "lodge", the parking schedule Is 1 parking space for every 3 members of the organization. Based on Delta Lodge's current membership of 17 and an average of 17-20 members historically, the required parking for the new lodge house would be 6-7 spices. The Zebra Head's parking regtirrements have been previously established by the City to be 5 spaces even though they currently' All, .alas,- WVP t • ENCLOSURE 4 provide only 4 spaces. The Subject Property is currently zoned "general retail" and a "specific use permit" will be necessary for a zoning change. SURVEY TYPES Several types of surveys and interviews were used in the course of this parking study. An hourly survey of parking occupancy of all on-street parking within a 1 block radius of the Subject Property was conducted over three consecutive days (see Section 11). A telephone survey of UNT fraternities was conducted to determine parking issues of somewhat similar project types (see Section 11). Several neighbor interviews were conducted to determine perceived impacts on neighborhood parking (see Section R. An area Inventory of off-street parking, that is not reserved for 24-hour uNe by the intended eliendtertants, was also conducted (see Section IV, Exhibits A-3 & A-4). SURVEY FINDINGS The Subject Property is located in a very dense neighborhood that immediately adjoins the University of North Texas on the North. The neighborhood mix is residential, retail, business and entertainment. The area is best known by students for night entertainment and is generally referred to as "Pry Street". Parking problems in the neighborhood are critical during the hours of 9:00 am to 1:00 pm due mostly to commuter students attending UNT. Afternoon parking is generally light but evening parking is again demanding due to patrons visiting the clubs and restaurants in the area. Parking surveys of on-street parking in a one-block area of the Subject Property (see Section II) show 90-100% occupancy during the mid-moming, 35.40"/0 occupancy during mid-afternoon and 80-90% occupancy during the evening over a Wednesday-Thursday-Friday survey period. The survey period was October 30th through November 1 which is representative of typical conditions when classes art in session at UNT. Off-street parking in the same area follows a similar pattern unless the respective parking tot is strictly enforced for client/patron use only. These restricted lots will have varying occupancies but generally less than the open lots. 0 On-street parking along Oak Street has no time limit and the average daytime park Is 4 hours. On- street parking onFry Street is metered and allows for one-hour parking to encourage high turnover 1 for the benefit of area retail and restaurant establishments. Parking in the off-street parking lots that ` are enforced for client/patron use only experience parking durations averaging 1.5 hours. Off-street parking in the open lots follow similar duration patterns as unrestricted on-street parking; f approximately 4 hours. The most critical parkin conflicts exist from mid-morning until noon between UNT commuter V • • uudents attending class and the client/patrons of the area retell and business establishments. Residential parking for the most part is off-street, in-plea and does not turn-over during the day-time ' 'i hours. Resident parking at night is occasionally displaced by patrons of the area clubs which results In the residents parking overnight In restricted day-time parking lots. •r r i i i 4 r L i - ~...w.aww.~rA.w,w~w'i~a+w»....u..... w.r.,... ~r .....~..w.~ .__v ...E.i.....<S.hi~.'a'.~.°1'S~ W '•r. 1• ENCLOSURE 4 The overnight parking of Chapter members and guests in Voertman's primary parking lot appears to be the greatest concern of area tenants regarding reconstruction of the Delta Lodge, The Chapter will be providing adequate ofT--street parking for the residents of their lodge per the site plan provided ' In this study (see Exhibit A-2). Currently, the 10 member residents of the lodge (see Exhibit C) collectively own only 4 vehicles and the construction plans cell for 1 I parking spaces. The active membership collectively own a total of6 vehicles, w even during evening lodge meetings there would appear to be more than adequate puking provided in the lodge parking lot. The problem a&a when social functions are hosted at the lodge and the guests park on-street and In the adjoining off-street parking lots, The residual ov"ght parker create a problem when they do not move their vehicles the next day from restricted parking lots before opuating hours of the respective tenantlowners. CONCLUSION Based on our findings, it ti the opinion of MPS that 10 parking spaces and I handicapped space will be adequate to handle the avenge daily parking needs of the Chapter. However, certain meetings and social events will require overflow parking on the street and in neighboring lots. Being as these events are scheduled in the late afternoons and evenings, during the off-peak and closed boon of ; neighboring businesses, it is not likely that this vnrflow parking will have a negative impact on area businesses or the neighborhood. The development of a lodge house for the Chapter on Lie Subject Property fits the neighborhood well as Chapter members are active In the immediate community and their puking demand crates less hardship on the neighborhood than would it competing retail or business development, The construction of l I perking spaces, S for Zebra's Had and 6 for the Chapter lodge house, represents it best effort on the part of Delta Lodge to maximize puking on a limited site. + r ~ p,r x 5 X, tlt r _ + a . 'ooo i f Delta Lodge Parking Study Typical OaWFrY Daii Occu anc i AREA 01 AREA #2 AREA #3 TOTAL 7 34 IN OUTO OCC~ IN OUT OCC. IN OUT OCC IN OUT OCC 08:00 15 0 15 12 0 112 7 0 3 12 0 19 21 4 51 8 61 09:00 8 4 19 1 0 10:00 0 2 17 0 0 13 2 0 21 2 2 51 2 3 17 11,00 1 0 18 5 0 0 13 0 8 13 1 2 16 111 7 47 18 12 50 12.00 4 6 34 22 13:00 2 5 14 1 43 4 3 16 13 0 0 4 0 1 3 0 2 20 14:00 0 1 2 1 4 2 1 21 15:00 0 0 13 0 0 S 8 5 22 16;00 1 1 13 1 2 3 4 2 6 17:00 7 13 7 8 1 8 2 5 3 15 19 18 34 18:00 4 0 11 2 1 9 12 1 14 18 2 19:00 6 2 15 5 3 11 10 4 20 21 9 46 O 8 14 12 i7 15 37 38 45 .4 3 17 0 0 14 9 9 20:00 14 43 16 11 12 46 21;00 45 13 15 5 2 18 9 4 51 m 2:0000 6 3 6 2 18 18 1 2 43 7 2 15 9 13 14 17 21 47 4 233: 10 11 22 28 41 00:00 8 9 17 7 9 ' 12 38 a Average Occupancy. 15 11 16 21 65 Total Spaces Available: 18 • NOTE: Area 1 Includes all street parking on Oak Street between Welch Street and Fry Street Area 2 Includes all street parking on Oak street between Fry Street and Avenue B Area 3 Includes all street parking on Fry Street between Hickory Street and Oak Street There is no street parking on Fry Street between Oak Street and Scripture. c, `,,Y: 'SMe f i y 1 f 1 k q 1 c •'L1r... ~ - - - Y f;it . ~ z :r CJs ~ ,Y .~nPd~ ~'^U~~f~ 'J': `hr ~~il °t~ K k ~ ~ +y, :r i ~ I _a i ENCLOSURE 4 Delta Lodge Parking Study Oak & Fry Street Parking OeeuPancY g~ 50 t~ 40 • Area t ` 30 i Area 2 a t Area 3 20 a Toia1 10 0 06:00 8:00 0:001:00 2:00 100 4:00 5:015:00 7:00 9:00 0 011:00 01100 00-00 Time of Day l Delta Lodge Parking Study ' Oak d Fry Percentage O=PaneY 1D0 • $0 • Area 1 + Area Z P o iR Aree 3 40 g 7ob1 20 0 3: Ott. ~000~1i,00x13:004015:000~77~00e~7P00 j1:00 ~ 0-00 Time of Day ~3 i •:a 4 ' s!' r ri; r, 0'IA ' \w.,, • . . i~, p r q 4 ~a } ~ s ~ : s' ~ L ~ s~ w r y'"~. Y~. ~•4~~" ~~}kkA'~'y ~SS` ~ ~7+.:'~+.!k~ ~..a 0.. - i ti Delta Lodge Parking Study Denton, Texas Fratertllty Parking Questionnaire October 1998 Sigma Nu Sigma Phi Epsilon Phi Kappa Sigma Kappa Sigma Theta Chi Delta Sigma Phi Average Delta Lodge 1003 Mope 604 Ave c 919 MA* 1020W.ftwy 1624 WM Oak 020 mow Actlve Members e8 21 48 54 28 40 42.5 17 House Residents 28 12 20 8 9 26 18.5 10 Residentsvs.Acdves 38% 57% 43% 11% 35% 85% 39% 59% Weekly Events at House 2 1 1 1.5 2 0.5 1.3 2 Time of Events Evening Evening Evening Evening Weekends AvallablRy Evening Evening Members -Own Cars 100% 100% 100% 100% 100% 100% 100% 35% Z House Parldng Spaces 20 20 20 8 18 1 S 18.5 11 P Spaces vs. Residents 77% 187% 100% 100% 200% 58% 100% 110% N `-A0 Spaces vs. Members 29% 95% 43% 11% 89% 38% 30% 85% 21 Overflow Parking On-Street Yard OnStreet On-Street On-Shot OnStrest/Ysrd VoertmonV rn On-Street ~ Enforce House Perking 7 Yes Yes Yes No No Yee Parking Protrlems Unauthorized Unauthorized Unauthorized Not enough None Unauthorized Parking Par" Parking Parking Parking EnforcementFollowup TOW Tow Tow Verbal Warning None None IndMdual htemlty representatives were contacted by telephone by MPS representatives and responded to a standard • quesdonnelre. Fraternity contact names and telephone numbers are on Ills at Martin Parking Systems. 0 77 • ENCLOSURE 4 DELTA LODGE PARKING STUDY Notes Concerning Nelgboring Properties and Area Parking The following information was obtained in telephone interviews with the listed contact persons: VOERTMAN'S Contact: J.D. Altman, Manager Phone: (817) 387-1313 1 No enforcement on lot west of Garden Apartments, lot is used mostly by UNT commuter students. Peak occupancy from 80am to 2:00pm. (See Exhibit B-5) The lot east of Garden Apartments is reserved for Voertman's employees and select UNT English faculty. It is montiored daily with notices placed on violators windshields, towing is rare. Peak occupancy from 9:00am to 6:OOpm. (See Exhibit B•5) The lot adjoining their building on the north is for client parking only. They monitor the lot routinely from 8:00am to 2:00pm, mark tires and place notices on vehicle windshields. They tow the first few weeks of each semester and rarely the rest of the time. (See Exhibit B-4) They typically close at 5.30pm, they are open until 7:00pm from Thanksgiving to Christmas and the week before and after classes start each semester. During these times parking spaces will turn-over 20 to 30 daily, mormal is 10 times daily. Average daytime occupancy in the client lot is 40%. The lot west of Garden Apartments is also utilized for clients during these periods. , The Delta Ledge uses their spaces (in the client lot and east lot) during the evening hours starting around 3:00pm, especially on Thursday. Friday, and Saturdays and during special events at the house. A percentage of the parkers are not members but are guests of the Delta lodge. Problems arise with trash and overnight parkers, especially during the first • ' few weeks of each semester. Towing vehicles left parked during peak business hours generally solves the problem but creates relationship problems between neighbors. • Altman supports Delta Lodge constructing the maximum number of spaces. i A JERRY D. DREHER DISTRIBUTOR • • J Contact: Jerry Dreher Phone: (214) 239-9011 Manages 104 parking meeters in the Fry Street business district. (See Exhibit B-3) Meter's term is I hour. s j d o. W~ • i i ENCLOSURE 4 I Meter rates are $.50 per hour Meters average 22 paid hours per week during class days Meters on Fry Street adjoining the Delta Lodge average 13 paid hours per week. 1200 BLOCK of WEST OAK Contact: Curtis Lovelass, Primary Owner Phone: (817) 387-3776 Parking lot has approximately 150 off-street parking spaces in the % block bound by Fry St., Oak St. and NckorySt. (Sce Exhibits B-6,7,8) - Parking is not enforced systematically, some of the tenants attempt to monitor the spaces adjoWng their retail/food storefront by placing notices on the vehicles. Heavily used by LINT communter students during the day and patrons at night. 40 spaces are in an unimproved (dirt) lot at 1211 West Oak. Typically the lots are 1001/6 full during class days at peak hours, 11:00&m to 2:00pm. Lovelass feels Delta Lodge would create less parking demand than another retail/food establishment at that location. i ZEBRA'S HEAD Contact: Dennis Terwilliger, Owner/Operator Phone. (817) 898-8787 - Located at 113 Fry Street, has 4 off-street spaces north of the store. The store sells smoking accessories. (See Exhlbit B-I) Delta Lodge is the landlord. Owner plus one employee occupy the store. t - City code requires S spaces, but city inspectors waived the requlation, j Operates I I :00&rrt to 1:00am, peak time is 6:00pm to 10:30pm. Owner attemts to monitor four spaces for customers only MEW y . ~ ' } o ~ ~ ~f t ",:j - rw V,y, ,,+.16~~"k aeo stik.13L~ r~K+•~.~~Srv.~y ^~~L. ENCLOSURE 4 ffA EX~I F i f~f.~, :Im i1ti} 1?~4Tr: % r~t'.~,~4 C " ~f~~~'S~~Jn;&+wM "~/~~v jJ 1, '4~ ~ ~ •t~~''jp`~~a'~~1. x r r i O ~ a V 2 Avenue- r ron DELTA LODGE oertman's tots PARKING STUDY AREA MAP X PROPOSED SITE c Zebra's Head A 1~ _ AR 9 r 70 m (Not to Scale) Parking Lot A 1200 glod W. oak 1211 W. 0ok Poking Lo I i ~ Ponder St. II • r 1; c . a' d. Welch (4 .l`;L'~'y ~.;i+ • I a& r. +1~y W4`aa Gyj; a,er \:g ~r b''f~F.'ti{ j'~~xl Zd' k'iri L t ~r • IAYk LEGAL DESCRIPTION: LOT I. BLOCK 22. -now 'COLLEGE ADDITION STREET YARD: OAK ST. 1.561 S.F. r FRY ST. - 4.423 S.F. TOTAL - 5.414 S.F. 'd7~•" S.F ,500 kM TREE R. / Z00 h 5.114 S.F. / • 3 EXISTING REQUIRED NEW TREESIT O r AREA OF LANDSCAPING REQUIRED: 'rid 20% X 1.651 • 310 S.F. AREA OF LANDSCAPING PROViDEDr ;00 • 314 S.F. PARKING: REGULAR SPACES • 10 HANDICAP SPACES • I < TOTAL SPACES • N SCREENING: n O EXISTING 5' SHRUBS C m A I _ I I lf[W rRr 2TR!!1 • D SITE PLAN ® ® • acua. r • ta-o' N ~ ai I ~4 i • • r a A'S ~ne'S v4 G r t m ~ppies ~T B 6 14or W. j1~1 Oak f io s z r i q9 5 l,)etf Oak 5 .-tt r- ¢ UDe~{r+an S Var}rnnn'S W A P • !2 / g Ap+s , Id a w 1 x r 1 ti ' r! ~ i , ~ i i,~' n5 a r'.rx+ k1. w`' } :.S it P "F .y J r ..~~:.L.i..2`..'•'~2~ ..L .r j W«+ qrcxeWy 5+reei- i 4 I ('ooh ' 8eon! I~lo►JOeJC A~f laf i 2 5 ~ 6 ~ " , 49 E , 201 I 1 g 14 20 ARGO I A 1-w u. Cad( I E It►7 W. C&k + c pi,t Lb+ 16 ! {~°rkscrMr ~ r• 2 I T ~ r D Wof+ Oak 5+recf ' i n ~ [t 'rM g~ X14 F r ~ 4~. f~~ y ri;%- ~y1~'Ra~r ~~ti ~+vy t1 ~1r \!r ~✓r''~ { Ay X'^`r N`' , S t } 4 ~ i _ ..............e..~~_....~~~...._..r...~.w.~~..•..~.:_..~'.~_ _ , i J, k . i .'P - i'rSi L4:RS t 4 Y .a. ~ ~1.i. _ ENCLOSURE 4 s ti r, E~~IIBI'T' B } ,f. yy. x". 1 . • ~ Lee` ' l~r~• r i JL 4 e L 0 r y' . F 9 1 ' r.• -.:3 r 5 ~ ~ t ,.y 1 Y i " ~ WlJ' y ~ /4 : Z Y 2 . r, t ti. ~4~'!}+~~: 1'~Yn l l r y , ~,~K i~~. K~ e ~,i$ i ~ . V h 1 ''ti ~ ~ r T fin ~iti~kr i ~f .~~~?e F ~ ~ r, , L I' E C FNCLOSURE a DELTA LODGE PARKING STUDY SITE PHOTOS t~ ► V1(2A Sont'neast Ac:oss Oak St i; { r 7~1 i'r V e. New llouse .i \ '-fit . )1 r ~4 ~t~~ 1. f<f r7f it -__t7rm Marlin Parhing Systeniv 0 I ENCLOSURE4 DELTA LODGE PARKING STUDY SITE PHOTOS y.•:+ View Southwest Prom Oak St, ' , f ' ,r s,3 Proposed Site 1 r of New }louse 1 1 ter- - w -J- E iom 0A St ,,r 1 Proposed Site t ~ J y a y Ate ~7.-~ r. M.,rt/n Pnrking Systems 2 • s ENCLOSURE 4 t DELTA LODGE PARKING STUDY SITE PHOTOS s View South j. _ Fry Street i LIZ J I ~y_ JSrJ I A i =l®,`r r ~vit View North Fry Street Martin Parking Systems J ENCLOSURE4 DELTA LODGE PARKING STUDY SITE PHOTOS r 1\~ ~f• Lew East Oak Street a liR'I I fv:11 0.1k tit % oe111n3n'5 ar ' ~;s~ r.2 iY0 iN L.S JF~ r - a ; q s 3' I 4 /Y/artin P Irking $yalOrris cr ENCLOSURE4 DELTA LODGE PARKING STUDY SITE PHOTOS ~ ~ r ~ ;ems y~ _ Vi c,.v No, th t a ~i• i ..rti it", ~ FrC,m Oak St ~I \'oertinan's Lot °~A v East of Garden F Apartments WML 4 i I ~t 7c y ~1. sy ~rfF ^ -~t~ - c, L , P14 i r rr37CG -it i -~~C r l /~nt•t!n ~'•~arhfnq Sysfcm~ _j'? f+ I ENCLOSURE4 DELTA LODGE PARKING STUDY SITE PHOTOS View South From Oak St Dirt Lot 1211 W. Oak ir J` fry f a'~ r ~a `4j+r ~n Duct Lot 12lI W Oak t-.~•. r} Ali ~ t7 N Martin Parking Syntema 3 6 / ENCLOSURE4 DELTA LODGE PARKING STUDY SITE PHOTOS \'ie,~ South front Oak St e Arco i.ot i- - s` It, n i I _l Aiarfln P rrhln_q 5y9f0nr9 3 V • e ENCLOSURE b 1 DELTA LODGE PARKING STUDY SITE PHOTOS View Southeast From Oak St. , 4i.;. Parking Lot 1200 Block " Nest Oak St =gab 7,4 nhY View East ' , I ) v~ y t r4, Behind Jim's ~ Diner Parking Lot t • 1200 Block Nest Oak St. 4`ir . h. r ,Ail _ ~ t :rfL s e _ o 8 ` Morlln Pa~k/n~ Systems I I ~'y r ',3 t , + a. . ...~.....w.w.um.r~.rwa.awu...w.~..s Yr..~,..w..a........:.. n.k.y f r 1 ~ .`i..n_r ,~i .,....~~~~..j.......i.-'~ w..r_....~... ENCLOSURE A • ~~IBIT C~ E . jt ✓ } 4 M y K y y 4 1 ....w,wru..._.._............,..ar.,~«......~. _ c !.._..,Jl_!'_»..~.m _4~.a.J i~...... ~~r..r+r. . ENCLOSURE 4 I~ , Delta Lodge s Membership List The following members are scheduled live in the ne.v house once completed: NAME PHONE ADDRESS VEHICLE 1 Craig Watt 383.3458 1407 Barn erd#1023.Denton OMC Sonoma ' 2 David Smith 484-5158 808 Eagle Dr, 011, Denton Chevrolet Corske 3 Jason Sklppor 591.8451 210 Avenue E., Denton Chevrolet Monte Cart 4 Paul Jackson 387.2382 220 FrjSL 02,1)enton Ford Ranger 5 Jed Eazor WA U ft None 6 Felix MScetl 383.9822 2201 Stella, Denton None 7 Scott James 5918481 808 Eagle 011, Denton None 8 elan Anderson 484-0983 NA None 9 Don Overton 484-0983 NIA None 10 Trey Heldman 387-0102 219 Fry St 07. Denton None The following are the remaining active members of Delta Lodge: 11 Chris Bryan 320.3703 1115 Cotter O5, Denton Dodge Cod 12 Brien Woodruff 454-0211 1822 Hckory, Denton None 4 J,• ' 13 Tyson Wright 3874102 219 Fry SL t7, Denton None ` 14 Sam EscamRle 387-0102 219 Fry SL 07, Denton None 15 Paul Card WA Lwdsville Olds Cutlass Supreme 16 Seth Bracken 891.8025 1200 Peak, Denton None i 17 Edward Kostermen 8018025 1200 Peak, Denton None ' , _ y v ~ ~dt9 4 E1:irP ,,•~'sf A".~ ,v ~5~;.1}~~ R i~>. r^'~~ • ENCLOSURE 4 ZONING 6 35.901 ARTICLE VI. OFF-STREET PARKING AND LOADING' Sec. 35.301. Vehicle parking regulations. (a) Except as provided In this section, no building or structure or part thereof shall be erected, altered or converted for any use permitted In the district in which it is located, unless there shall be provided on the lct or tract off-street parking in the ratio of vehicle spaces for the uses specified in the designated districts as provided in this section. An established use lawfully existing at the effective date of the ordinance from which this section Is detived need not provide vehiclo parking as set forth In this section, and no existing vehicle parking In connection with the use at the effective date of the ordinance from which this section Is derived may be reduced below the minimum number of spaces as required in this section. (b) Parking lots shall conform to the specifications set forth in chapter 34 of this Code. The parking spaces required to be provided shall be exclusive of any space required for solid waste containers. In determining the number or parking spaces required to meet the requirements of this section, no more than ten (10) percent of the parking spaces meeting the design stan• dards for compact parking spaces, as set forth in chapter 34 of this Code, shall be counted toward the total number of required parking spaces. Compact parking spaces shall be reserved for compact vehicles. The parking lot's compact parking spaces shall be visibly and distinctly marked as compact parking spaces. (c) The minimum off-street parking Spaces for res'dential use shall be as follows: (1) One and two-family dwellings: Two (2) spaces for each dwelling unit. (2) Multifamily dwellings; M- One (1) space for each bedroom unit in dormitories, roominghouses or other group housing structure. b. One and one-fourth (1.25) spaces for each efficiency unit. C. One and one-half (I.50) spaces for each one-bedroom unit. d. One and three-fourths (1.76) spaces for each two-bedroom unit. e. Two (2) spaces for each thrmbedroom or larger unit. (3) PD, planned development district- Parking standard for dwelling units shall be estab• w 1£shed on the final plan. (d) The parking space schedule for nonresidential uses applicable to all districts, except the CH central business district, shall be as follows: (1) Bank,savfng4andloonorsimilarfinancialesfahlishment:One (I)spaceforeachthres hundred (300) square feet of floor area. 0 (2) Bowling ollty. Six (6) spaces for each lane. (3) Clinics or doclars' offices: Opt (1) space for each two bundred fifty (250) square feet of floor area (minimum of five (6) spaces). 'Cross reference-Parking lo: landscaping, 131-61 at seq. k !i supp• l+o. a 2683 • • ENCLOSURE 4 135-301 DENTON CODE (4) Commercial outdoor amusement: One (1) space for every one thousand (1,000) square feet within the outer boundaries of the proposed use, including any buildings, exhibit booths and areas devoted to the use. i (5) Convalescent home or home for aged. One (1) space for each six (6) rooms or beds. (6) Gasoline service station: Minimum of six (6) spaces. (7) Golf course: Minimum of thirty (30) spaces. (8) High school, college or university: One (1) apace for each classroom, laboratory or instruction area, plus one (1) apace for each four (4) students accommodated at the Institution during the periods of heaviest attendance. (9) Hospitals, acute cart. One (1) space for every two (2) beds. (10) Hospital, chronic care: One (1) space for each six (6) beds, plus one (1) apace for each employee. (11) Hotel or molek One (1) space for each room, unit or guest accommodation. (12) Institutions of a philanthropic nature: Ten (10) spaces, plus one (1) space for each employee. (13) Library or museum: Ten (10) spaces, plus one (1) apace for each three hundred (300) square feet of floor area. (14) Manufacturing, processing or repairing: One (1) apace for each two (2) employees or one'(1) space for each one thousand (1,0001 equare feet of floor area, whichever is greater. (15) Oj(cts, general: One (1) space for each three hundred (300) square feet of floor area (minimum five (5) spaces). (I6) Places ofpublic assembly not listed: One (1) space for each three (3) seats provided. (17) Recreational, private or commercial area or building (other than listedk One (1) apace for every three (3) persona to be normally accommodated in the establishment. (18) Restaurant or cafeferia: One (1) space for every three (3) seats under maximum seating arrangements or one (1) space for every one hundred (100) square feet of floor area, whichever is greater. E~ (19) Retail orpersonal service One (1) space for each two hundred (200) aquare feet of poor ` area (minimum of rive (6) spaces). e (20) Schools, elementaryorf unlor high: One (1) space for each classroom, plus one (1) space • • for each four (4) seats in any auditorium, gymnasium or other plate of assembly. (21) Storage or warehousing: One (1) space for each two (2) employees, or one (1) apace for each one thousand (1,000) square feet of poor area, whichever is greater. i (22) Theaters, meeting rooms and plates of public assembly: One (11 space for every three ` (3) seats in the faculty. 8upp. No. 1 2561 • 0 i ' ENCLOSURE 4 ZONING 1} 35-301 (23) Day nursery or kindergarten: One (1) space for each employee and one (1) space for each ten (10) children. Acircular drive that will adequately serve the same traffic Ioad, approved by the director of engineering and transportation, may be substituted for the required public parking. (24) Flea market: One and one-half (1.5) spaces for each two hundred (200) square feet of floor area or market area. (25) Community center, private: One (1) apace per five hundred (500) square feet of floor area plus one (1) apace per ten thousand (10,000) square feet of site area (minimum of twenty-five (25) spaces). (26) Stables, boarding, rental orprivate club: One (1) space for every two (2) stalls. (27) Rodeo grounds: One (1) space per three (3) seats. Common seating shall be deter- mined by one (1) seat measuring eighteen (18) Inches wide. (28) Golf driving range: One (1) space for each tee area. (28) Fairgrounds: One (1) space for every one thousand (1,000) square feet of site area. (e) Special off-street parking regulations shall be as follows: (1) In computing the off-street parking requirements for any development that includes more than one (1) distinct class of use, i.e., retail centers with restaurants, multifam- fly developments with public convenience facilities, etc., the total parking require- ment shall be the a= of the specific parking requirements for each class of use. This provision shall apply only when the uses are separate and distinct and shall not be construed to exclude storerooms or offices from retail requirements. In all cases where two (2) or more uses coexist to perform a cingular function within a structural unit, the parking requirement shall be based on the gross area using the highest minimum parking requirement applicable. (2) In the SF-16, SF-13, SF-10, SF-7, 2F, MF-R, MF-I, MP-2. 0 and NS districts, no parking space, garage or carport or other automobile storage space or structure shall 0 be used for the storage of any truck, truck trailer or van except panel and pickup trucks not exceeding one-ton capacity. (3) Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use. (4) Off-street parking to serve a building or use of lend may be provided on a tract or parcel of land other than on which the building or use being served is located under i 0 0 the following conditions: a. The tract or parcel of land on which the building or use Is located hoe been developed so as to provide as much parking apace thereon as could reasonably be used for such purpose. b. The building or use being served by sny remote off-street parking space which is j necessary to meet parking requirements shall not be occupied or used until the i Supp, No. a 2565 ~1`I.nwnr-~.r Twl rf~IR n. v ♦j , : i 04 rr 7 Y'^ v 7' YiST V'i nf.~ 1 r' p. , w } ivay ry,r. , _...,,+,vrr.♦wr.~xw'"wd,wi.:M.ar..:.w2r«v..w'..~...:~...~...-..u..~_..J_i,-S~i~~ a.:L....S-..i..... ENCLOSURE 4 ZONING 136502 i where uncertainty wdsts, the minimum off-street parking requirements shall be as- tablished by the same process as provided in section 85.78 for elasslf) ing new and unlisted uses. (Ord. No. 69-1,1 I(APp• B, Ark 15), 1.14.69; Ord. No. 71.64, Pt. I, 11.23.71; Ord. No. 714, Pk I, 1.18.71; Ord. No. 7742, 8.247; Ord. No. 82-40,12, 61 Ord. No. 88.019, # III, 2.2.88; Ord. No. 91.088, ii X-)aI, 6.25.91; Ord. No. 95-042,1111.3-7-05) Sec. 35502. Off-street loading, Except in the CB district, all retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building ct. -in the lof or tract adjacent to the main use. Such off-street loading apace may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Sucb off-street loading space or truck berth shall consist of a minimum area of ten (10) by forty-five (45) feet, and such spaces or bertha shall be provided in accordance with the following schedules: (1) For normal retail, commercial Was service or industrial use buildings and establish- meats, off-street loading facilities shall be provided la accordance with the following schedule: Square Feet of Oross Floor Minimum Required Area in Structure Spaces or Bertha 0 to 5,000 None b,000 to 15,000 1 t i 2 16,000 to 40,000 40,000 to 65,000 3 r" r 65,000 to 100,000 4 (fir" Each additional 50,000 1 additional aureate and similar establishments, off-stmt Iosdiagrt~ (2) For hotels, office buildings, rest } facilities sbill be provided In accordance with the following schedule: . CS 1 , 5 Hupp. No. a 2568.1 y ` 4 Y nm.F,_: .X yrk w .'.~♦✓<,y 4 r'~ ~ SY'.>?t` t C~.r~i a r ra s y , N 0 „ 1 r 0 ; r fF♦ 1[ 1~J5 it ._.....w~u.......rnrwar..~.w..,«...,..........+w-.+~~.a~.... 1:.. _.~..~'...,.~ia.Y...a~.:.[~ kiv~.'.~.w ry.~..:r' ENCLOSURE A MARTIN PARKING SYSTEMS Inc. s Martin Parting SyArns, organized in 1991 as an alltfiate of Ridgemont Parking systems,, specializes in parking management and consul N. Ndgemont Paring Systems had embisW itself as an imovaator and kader in ping privatization, receh" an award from the Institutional and MwiidPal Parking Congress for having the industry's most irtnovatve paAdna program Privatization by FWgwwt Parking Systems amoives the turnkey development of parking structures for gam miens and k>stit„tions to include financing design, cormruction[ management and operations. RPS completed four Parking projects using the concept a privatization. A 608-car parking tray was completed for The UniveMty d North Texas in Denton, Texas in August of 1985. A 368-car garage was completed for The Urinversity d Texas at Arlington in August 1986, and anottxr 600-space parking fadity was completed for UNT in December of 1986. A $12 million parking garage day care center for EImI'K" Hospital in New York City was opened in April 1993. Initially[ MPS was created to operate projects deveioped by RPS. MPS then began to contract with private parking facilities in Denton, TX and &WPPort, CT. MPS also consults for rxxnerous k6tu icm and organizations[ espedaty the Texas and US Main Street Programs[ developing a repuyttorn for an ab<Trty to create innovative solutions for any type of parking Problem. In 1994. MPS afifiated with MPS Corporation, a parking design and corutnxtion firm based in Pittsburgh, P,MMertia. MPS Corporation has completed over 50 Parking wuctures using their propne&ry design and structural systems. With this alliance[ MPS is able to proAde a full range of parking services for our cr*MS. The p j* of MPS, Dan Martin and David Fender, have mice ry years d experience in the f nand a ~ and we in both the pubric and private sectors: Trey have experience affordable WW M soHe ' y ded•Kated to providing in-depth analysts of parking problems and MaM and x those problems. Q LL •S. a s as • 1 0 r r~,. , .:[•.n~,,. [ i, v^ rn 1~ r 'air y~k~[t, ~r i'~Y~t p+dai r~y3~~.°~..i "~'.ka tn.l ` 1 r • r ENCLOSURE 4 DANIEL R. MARTIN Owner . W. Martin has twenty-two years experience managing parking in both the public and private sectors. From 1970 through 1983 he held progressive management positions with the Okahoma State University Pane Department in Stliwater, Oklahoma. His responsibilities included the supervision Of thirty-six pane officers and twenty-eight civilians assigned to parking, and the administration of a parking program with fourteen thousand parking spaces and over one million dollars in wvhual revenues. In 1983, Mr. Martin was enployed by the University of North Texas in Denton, Texas as the Chief of Poke. Under his administrative jurisdiction, he was responsible for a parking program employing twenty-eight police officers and forty-two civilians. Mr. Martin inherited a parking budget of two hundred and forty thousand dollars and restnrctured the UNT parking program resulting in over one million dollars annual revenue by 1986. In 1986, Mr. Martin joined the Ndgemont Company as Vice President of Marketing and at the same time created Mgemont Parking Systerrs as a drrison of the Ndgemont Company. He developed one of the frst comprehensive parking privatization programs in the country and became nationally recognized for his creative approach to parking devekopne . The Institutional and Municipal Parking Congress, headquartered outside Washington, D.C., presented Mr. Martin an Award of Merit at their 1987 National Convention in Miami. Florida for having the most 'Innovative Parking Program' in the United States. in 1988 Ndgemont Parking Systems was incorporated and Mr, Martin was named president of the company. In 1991, Mr. Martin formed Martin Parking Systems as a parking management and consulting firm. In 1994, he joined MPS Corporation as Director of Parking Services. MPS Corporation offers a full range of parking services, to include feasibility studies, site evaluations, architectural design, egineering, general contracting, construction management, parking operations and management, and fr%ncing. MPS has designed and constructed over 60 parking structures across the United States Mr, Martin has a broad background in the business of parking and traffc. He is often an invited guest lechrer for Parking trade shawl, conventions and seminars speaking on the subject d privatization. He has also written articles on the same subject for professional puWxations such as the BVft [4ltwoai and PFadgZ He has served as commissioner for a mkrik o parkingJtraffic board, consulted numerous irutitut ors related • to parking and researched over one hundred parking programs rationally, Mr. Martin is actively Involved and wen respected W nw erous Parking associations including: International Parking Institute, National Parking ! . Association, International Association of Campus Law Enforcement Administrators, Campus Parking Association, and Texas Parking Association. Mr. Martin is married and has three children. He is locally involved in church, civic clubs and youth programs. i' - • He is a graduate of the FBI Academy and was selected 'University Police Administrator of the Year' in the • • ' State d Texas. He has also been selected 'Business Person of the Year' by Denton Chamber of Commerce. l-Ie rece ved two Congressional Nominations to West Pant. He holds a Bachelor of Science Degree from Northwestern Oklahoma State University. I cog Marlin Parking Systems T MIT. .77, - ENCLOSURE A CLIENT LIST 1. Unvenity of North Texas Devei ment end Management cost $3,5001000 N.T. Box 13467 it g Spaces Denton, Texas 76203-3467 p 3 LevelsrSP e s Manager, David lender (817) 380-8184 Opened September 1985 Administration: V.P. Fred Pole (817) 565-2103 2. University of Texas at Arington Development Cost: $2,000.000 P.O. Box 19229 368 Park ng Spaces Arington, Texas 76019 4 levels, Brick Veneer Manager. KellyAnnes Opened September 1986 (817) 273.2370 Administat on V.P. Dudley Wetsel (817) 273.2102 3. University of North Texas Development and Management Cost $595,000 N.T. Box 13467 608 Parking Spaces Denton, Texas 76203.3467 1 Level, 3 Metered Lots Manager. David render opened December 1986 (817)380-8184 Adrrinhtraton: V.P. Fred Pole (817)545-2103 4. Ekr&rst Ho*W Deve;o"nt and Management Cost $12,000,000 600 Parking Spaces/ Day Care NYC Health & Hospitals Corporation 6 Levels 346 Broadway Oper*d 1993 NewYo& NewYork 10013 April Manager, Ed Stevenson (112)866.1335 Adnunistration: Pete Velez r (718) 334.1141 5. Denton C«rmerdal Lot Development and Manarment Cost $100,000 63 Parkir~5paces 1207 W. Flr as 76201 1 Level, Cashier' Lot Manton, Texas 7 Manager. Opened August 1989 fm C,r3fin y (817) 382.3146 5( c, MARTIN PARKING SYSTEMS • -...`.•~__.rs_ ~..~----~'•P,+ ~y, r, Y~~l t U I Fr 4 'Pf S J 9 1 , lz- ENCLOSURE 4 i 6. Larayette Square Puking Garage Management 350 Fairfield Ave 800 Wing Spaces Bridgeport, CT 06604 8 Levels Manager. With Grant Assumed: February I"S (203) 384.2250 Contact: Steve Thomas, Principal Owner (412)257-8100 7. Cay of Denton Main Street Farking Survey Consulting Denton, TX • Completed 1992 Contact: Jane Jenkins (8 17) 566$529 8. Gty of Shermm Main Street Parking Survey.. CcmLAng Shemun, TX Completed 1993 Conducted for Texas Main Street Contact Terry Colley (512)463.6100 9. Coy of Flagstaff Main Street Parking Survey ConUrfting Flagstaff. AZ Completed 1994 Contact Jeff Aronson (602)774.1330 10. Weldon's Saddle Shop & Western Wear Parking Survey ComAng Denton, TX Completed 1995 Contact Weldon Burgoon (617)382.1921 k s 'I I ' i tfs ; MARTIN PARKING SYSTEMS {,r • A'T ! ' 174• ~::i 5y ° l 1("~ µ7J' f •I~ylf{•° ~r~~ (cilli,4X ~,t«' ry,~sryyf` 1, 3~~ 'W.r4 \3 G* Yt % ENCLOSURES , Delta Lodge, Inc. " - - - 7949 Kings Ridge Rd Frisco, Texas 75075 (972) 716-5466 Fax: (972)716-55]2 I January 7, 1997 J. D. Altman Manager Voertman's 1314 W. Hickory Denton, Texas 76201 Dear Mr. Altman: It was a pleasure meeting you yesterday. I am happy that we have found a solution to your concerns regarding the build'ng of a new Lodge House adjacent to the Voertman's parking lot. The following is a summary of that solution. The Delta Lodge recognizes that the presence of a Lodge House next to Voertman's brings people onto the Voertman's lot other than that day's Voertman's customers. Delta Lodge also recognizes that these people may leave trash in the parking lot. As a community service orfanization, Delta Lodge is happy to do its part to clean any mess that the Lodge, by its presence, ma) 'X responsible for. This will involve a quick walk through the main Voertman's lot biweekly to pick up trash and dispose of it appropriately. If, in the future, the Delta Lose does not do the neighborly thing by picking up the parking lot on the agreed-upon day, we feel it appropriate to compensate Voertman's monitarily for the inconvenience. As discussed, Delta Lodge recognizes $10.00 for the first missed trash pick-up in any given month and $25.00 for each additional missed pick-up as being fair compensation, with total compensation not to exceed $60 in any given month. It is the goal of Delta Lodge not to miss any pick-up days. Pick-ups and appropriate compensation for missed cleanups fall under the responsibility of the Chapter. If the Chapter does not follow through with the wishes of the Delta Lodge in these regards or is unable to L provide fair compensation to Voertman's for missed pick-ups, please contact myself of any other member of Delta Lodge, Inc. We will be happy to set the matter straight. J Trash pick-ups will take place prior to 9:00 A.M. on such days as agreed upon mutually by Voertman's Manager and the Chapter President of the Delta Lodge, Currently, this shall be on Wednesday and Saturday mornings. • Trash pick-up days will begin immediately following the construction of the Lodge House and will • continue until the nature and/or use of the lodge House changes in such a way as to significantly alter the traffic and resulting trash brought upon by the presence of the House. If such a change brings more traffic than has been customary in recent years, pick-ups schedules should be increased. A decrease of the schedule should follow a change which brings significantly less pedestrian traffic and trash than is ~~rJ . t c ENCLOSURES J. D. Altman Page 2 January 7, {997 customary. If the Delta Lodge should move or change its use in such a way that reduces related pedestrian traffic and trash to immeasurable levels, these pickups should be discontinued. Following such events that may indirectly cause trash in the surrounding area, including the additional Voertman's parking lots, trash pick-up will be extended to those areas. Thank you again for taking the time to sit down with us and discuss solutions to your concerns. it is the goal of Delta Lodge to bring benefit to the community and live in harmony with our Denton neighbors. We appreciate your patience in dealing with the mixed blessing of having us so near. And look forward to a lon3 and cordial relationship. Sincerely, '-/Lowell Orelup Delta Lodge, Inc. "c. h {r i ~ f F r ~ - - :f 1d 1~ ~ •r•'~ 11ti fA 'I ~y~l+~yik YT ~~h~E +l li~ri ~fx0.W5i 'nit Y', ll iwl ~~J~if , e ~ , „ t fl:y v i ?d R ~irxt3 r Z-96-052 ATTACHMENT 2 . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ALLOWING THE OPERATION OF A LODGE ON A 0.75 ACRE TRACT OF LAND LOCATED ON THE SOUTHWEST CORNER OF OAK AND FRY STREETS; FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR PROVIDING VIOLATIONS THEREOF; AND PROVIDING, FOR AN EFFECTIVE DATE. WHEREAS, Todd Kaastad, on behalf of Lowell Orelup, owner of the subject property, has applied for approval of a specific use permit to allow the operation of lodge (Delta Lodge) on a 0.75 acre tract of land located on the southwest corner of Oak and Fry Streets; and WHEREAS, on January 8, 1997, the Planning and zoning Commission recommended approval of the specific use permit, subject to certain conditions to be incorporated on the site plan prior to final approval, and WHEREAS, the City Council finds that, subject to the conditions appearing.on the revised site plan attached hereto and incorpora- ted herein as Exhibit B, the operation and maintenance of such a use will be in compliance with the Denton Development Plan; 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 improve- ment 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 Y 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; T1 ~.is.r s 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 proper- ty; NOW, THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a specific use permit authorizing the . operation of a lodge on 0.75 acres of land located on the south- west corner of Oak and Fry Streets, more particularly described in Exhibit A, as per, and further conditioned by, the site plan attached hereto, approved and incorporated herein as Exhibit B. SECTION II. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION TII. That this ordinance shall become effective fourteen (19'r days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi- nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED APPROVED this the day of , 1997. JACK MILLER, MAYOR • ATTEST: JENNIFER WATERS, CITY SECRETARY BY: ' • APPROVED AS TO LEGAL FORM: ti^ • 0 HERBERT L. PROUTY, CITY ATTORNEY BY. r PA(G~Eo 2 f.ncr i.' h lf,. 1L4 of y~r !y ~ul'r t1 a1 1. J' ww y 1 A 1 M~' '4 rfi .h.' ♦ lirfy r, 1„l XP[c~r' ~'_tti Yr r } Y1 JR. l we %ZFZNMEZ%?W . r. e ' f e _ ~ 1 ,s r` 91 a *.k 1 ~ An ~^li4a~;.. . n ~}I.•MYIaM rww4t A4.k•.wRY~r r +.r~~.rw+ar.~r.«i:wli~u..i-.~.v`au..~ ^ -II. 1,• ^ I 1 fxhlbit A All tint certain lot, tract or parcel of land lying and baaP alh,atad in the City and County of Denton, Stets of Texas, a part of the EUCFN$ YUCFIAiSKI L/3 LLACUE y, SURVEY, on the South side of went Oak Street in said City of Denton, described as follows: Know as being the North pert of a certain lot dreded to ANNA RANSEY by J011N ATCHESON, on the 12th day of March, 18961 recorded in Volume 90, Page 15 of the Deed Records if Denton County, Texas; , 9ECIN14110 at a rock in the cents? -of Oak Street, At the Sn,.ttheest corner of a lot formerly owned by Atchison, which is also till Southueet rver of a lot once owned by S. J. Woodward; THF11CF• South 190 feet to A. P. Duggan's Northeast corner; A R THENCE vest wLth Duggan's North boundary line, 172 feet en his Northwest corner; ; THENCE North 190 feet to the eanter'of Oak Street; TIIF.NCF. Fnet 172 feet to the PLACE OF'WINN110; S Reserving 30 feet off of the North side, and 50 feet off of tE+e East skin of the yam`,', above described property for street purpose, so long as the came shall. be used for public nAn• L A :r ~e vS 1 J L! 1 , 1' y VVrv' • _..1 «"«.~.y. t~~-.~~,.o~~~. ~ ~~~•y4~y ~ ~k I'LY tr"41tFM~,tV~t~~~ ~~;L y~~ ti~ I I ` A Iv w e Kµ -z,• 10 wrrrN.. - H tYY ew~w aa~1.e0 ! M uwy VIII 1~ lA1.J4 • ouhw. ~Iaiu.. uh Au f aw,! .,.N/ _ leN~ rYb K.P••+!I!. TI•M • W AM.vL \ fPlf (ysnll.e I. ^f•~a. t I.k. ra 1w, me .t Ln wr..y.i. __..--'1 nw.ns~ ..l.n.se..v,,._ .ylw... ~ N ~.A~`...~"-iao:.~••~•"~ .e~a~ Lnl.h Juo.~' Wa NY fN.ra,s. H s~ 1 a•-`• !H YaK}O fL.JL II.Y. \ 1=•~1^ ~ 'VIII IY.R~ MM~TYM N!'Ia W ' } JIw1 r.anlfLeo M"P .v7,1 W p _ FRY STREET ` ~.J i ~1~I Y{ C ' r. ppj y' A. kr A.1 'rt e ;~J<a Ian llclYv ]~EIgG TE" $~.1~'~'n~~~+ ~ xiT Ay r: ~ • S6 IN • : v - n.J IwNry . •4Y.IM4 ~jy7/F1M~~r~~ ~F ~ fir. , I / r 1 ti .V r S / r r e . _y _ f milt. s ~ I Z • ~,..f. ' FAY 6TAEET ' • ~ ."a;~+.,~~~. * .~'~ui ''{~1ti~1~C~r~'y° r;T"eT y~ 1~ : ~it:~4 r~5•x~ ~~,i+ F4'yy+St~r ~~~~~r'd, y'7":' jv r Y. Mrl`Pe N.I1Y.[t •f~ P~ K ..ff• sv tea.. /l MM r»w~ ( .~Yj~ a re ML .1. p po-a +I .w I! I+~I~e.YYYJ4 r \ r I ~ t\ 1«.. I Il / ~ ~ l I 1 J/ T ~_J ~ • ' ~ 1 I .1 0 y~f~I..11~~YY~_ ~w~ryN..YYRryry x. 1 ~f R.e~..f ~ 1n1 zo. a Imo, , ty pq/. 4 ' r z ID P' 4' 7~ I! 4&-fem...-rW I~/~ ` • ~~I l~}'~ ~ls'°1O n } •~.y'++ b 'iial ~iw+i w►~•. LA _y Y x . Pe1L pfd ~I • IFMR' e.4y , . • ZRU w er.wM atN - JAlt M+ ..1 ~ Cv.wt~.w.)w+s re PYr41~aM'YR. I►•aYR If,e.•.l'I . 3AR~ w . .-....r.. w:. _ -.sL-_`T 1_ry rtl, iKp[ J'.,, h'n". Yj,~: y 4 ~~"Li 4 L, ~~•)K nR "6. 1 ~F• ty r 1 ~Nf s w 1 t ' C • • ATTACHMENT 3 P&Z Minutes January 8, 1997 Page 4 Mr. Cochran: Mr. Bell, do you have an opinion about this condition? Mr. Bell: We do have the minutes from the Commissioner's Court where this easement was granted and I don't know if they can revoke that. I bought the property before I asked about the easement and I had that lot sold before 1 bought the property. Ms. Schert: - Does this have to go before the Commissioners' Court again? Mr. Bell: Yes, when the buyer makes his final detailed plan he will have to go back before the Commissioner's Court for final approval. Mr. Salmon: 1 might be able to clarify this. When we tell people to do a PD because they don't have public street access, they are required to have access to a private street. We do have specific standards for private streets. You can't just plat a lot off of some parking lot and have an access easement and count that as a private street. Private streets have to be built to some standard. When we were originally working with Mr. Bell during the DRC process we didn't have any information on the condition of the access easement. 1 don't know if that access easement meets the standards for a private street. It appears that it is wide enough. It is twenty-four feet and it does have some head in parking off of it. Private, streets are only allowed to have so much head in parking. We aren't a hundr A percent sure that if you followed our ordinance requirements for a private street that the access easement would qualify. I do know if they had access off of the jail driveway it would meet that private street requirements. That is why that condition is in there. Ms. Russell: Any further discussion? Mr. Powell: 1 would like to point out that Mr. Bell already has the access easement from Woodrow and he also has the access from the jail driveway. Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (6.1) Mr. Cochran opposed. Hold a public hearing and consider a request for a Specific Use Permit (SUP) for a fraternity on 0.75 acres in the General Retail (GR) zoning district. The subject property is located on the southwest corner • of the intersection of Oak and Fry Streets. (Z-96-052) Ms. Russell opened the public hearing. Mr. Reeves: This Is a request for a specific use permit for the Delta Lodge. The subject prcperty is located on the southwest corner of Oak and Fry Streets. The subject property has been in the General • Retail zoning district since the adoption of the 1969 zoning ordinance and map. On December 27th we • O mailed out sixteen notices and we have received two responses in favor and two in opposition. The percentage of property opposed is over forty-five percent. I have had some continuing conversations with the Nebraska Book Company and they may end up withdrawing their opposition in which case the percentage of opposition will be six percent. On page 2 in your backup there is a list of the seven criteria that must be met in order to grant a specific use permit. Staff is recommending approval of the specific use permit. At the time of preparation of the staff report there was going to be a fence located along the sy a , • P&Z Minutes January 8, 1997 Page S south and west property lines. Unfortunately it didn't get noted on the specific use permit and given the timing it wasn't possible to get a new set of plans in to get them in the packet. We recommend that you include that fence in your recommendation. Ms. Russell: Would the petitioner care to speak? Mr. Todd Kaasted: My name is Todd Kaasted and I am a nineteen year resident of Denton and I live at ! 32 Rolling Hills Circle. I am the petitioner for the specific use permit. We want to build a fraternity house on this property. The property is owned by the national orga.t,ation which the Alpha Chapter of the Delta lodge is the sole chapter. The property is held by a difrerent organization that will ultimately lease the property for those purposes. We think this will be co.npatible with general retail because our hours are complimentary. There has been a complete reworking of the parking situation for the property. We have sought to understand the DRC process. We feel that we have a much greater understanding of what is required for us to be good stewards of that land. If the SUP is granted the former concerns about the property have been addressed through the design process and we hope that it will be a much more functional property since it has been designed and built as a fraternity house and not adapted from some other usage. We have addressed privacy screening, landscaping, lighting, aesthetic considerations, functional considerations such as parking and access to the property from Fry Street. There will riot be r any access to the property from Oak Street. We know that there has been a concern about various projects that have taken plate there and there is not going to be any permanent facilities in the backyard. We think that our presence there in the general retail area will be better on the community because we can be better stewards of nighttime hours. We have a vested ownership interest in that property and what goes on in that neighborhood. We think that will add to security of the area, we think that will alleviate some of the problems ;n the area. We think it will be a nice buffer between the Fry Street entertainment district and the Oak Street historic district. Mr. Cochran: You mentioned that some of the concerns have been taken care of by the new design, can you explain how that will work? Also you also mentioned screening along the south and west side? Mr. Kaasted: One of the problems that has been addressed through the Fry Street Development Corp., which we are a pan of, is that there is a dark area along Fry Street. Our entrance will be on Fry Street and there will be betw,r lighting and it will also be possible to use some of this parking for the surrounding general retail uses. With 6e. screening that we are proposing it will kccp people from crossing our lot • onto Voertman's and vice a versa. i Ms. Russell: Is there anyone to speak in favor of the petition? Ms. Jane Jenkins. My name is Jane Jenkins and I would like to read a letter from Bill Stonebumer, president of the Fry Street Development Corp. 'In my capacity as owner of Billy Shears Salon and • president of the Fry Street Development Corp., I would like to ask you to view favorably the Delta • • ' Lodge's zoning request. In the past year led by President Craig Watt they have planted an important role in the startup of our neighborhood organization. They provided a hundred percent or the volunteer man hours to staff our community office this fall. As our community office continues to evolve they have proven to be an able partner in our endeavors to make our neighborhood a better place for all residents." ~ Ms. Anita Bruno: My name is Anita Bruno and my address is ION Stuart. I am a business owner in the ~YSas,w.~raw _ ` ~'~r!_~~rF~~lr k~lltillltr• d ~d ~".jA~' ~~fE~~'_n~ j~, hF t~~''~`_i~ • P&Z Minutes January 8, 1997 Page 6 Fry Street area. 1 am also the treasurer of the Fry Street Development Corp. 1 also own the residential home directly across the street from the Delta Lodge lot. 1 would just like to say that my husband and 1 have been in the Fry Street area for about six years now and in that six year period we have seen a lot of changes, positive changes. The Delta Lodge has played a very integral part in that. Just within the last year we have had some pretty bad things happen down there in the Fry Street area. The Delta Lodge has helped the business community members to develop the Fry Street Development Corp. They have been very good neighbors. 1 think it would be a detriment to our neighborhood to lose the Delta Lodge. Mr. Powell: Has the Delta Lodge matured in choir attitude toward the community? Ms. Bruno: Yes. Ms. Carmen Settle: My name is Carmen Settle and my address is 1510 Mistywood. 1 am here as a board member for the Denton Christian Preschool. This organization has financially supported this preschool for the six and a half years that I have been a volunteer there and for the five years that I have been on the board. We appreciate their efforts and their generosity. Mr. Lowell Orelup: My name is Lowell Orelup and my address is 7949 Kings Ridge. 1 am the chief appointed officer for the Delta Lodge Inc., who owns the lot, will be building the house and then leasing it out. You asked about the design and how that will help. Noise can be a big factor so the increased soundproofing in a new house versus an old house is a factor. The removal of the stage and the increased lighting will also be a plus We will also be putting a fence around the property which will help in the soundproofing of the proper--y. I do want to mention our relationship with the Nebraska Book Company. Voartman's did get short notice because the notice went to their corporate office. I feel very confident that we can work with Voertman's in addressing their concerns. Mr. Altman from Voenman's is here tonight. Every year we give to everything that we canto a lot of organizations. last year we gave the largest lump sum to the Red Cross that they have every received. We also gave two tons of canned goods and a large check to the Denton Food Shelf and replaced a major contributor to the Denton Humane Society that they lost. We go out every year and give everything that we can. Mr. Moreno: We have a list of members that will live in the new house :utd it shows that there will be ten people living there and that only four have cars. How" does a me=r,ber typically live in the'N °-e? Mr. Orelup: A couple of years. Mr. Moreno: What happens if all ten people have cars? ' !.r. 0:elup: We have fourteen parking spaces proposed and if we needed more spaces then we could look into leasing extra spaces from Voertman's or Mr. Loveless. That shouldn't be a problem though because we do have fourteen spores proposed. 0 Mr. Cochran: How many members belonged to the Lodge when it burned? t i Mr. Orelup: There were thirty-five. Mr. Cochran: And there are now seventeen members? S~ . y'. l• 4 ,es. >sJl ^ F, .,r *Sny,A~~ln ~rp a . _w • P&Z Minutes January 8, 1997 1 Page 7 Mr. Orelup: Yes, membership fluctuates. Mr. Cochran: I am a neighbor on Oak and in the past 1 have heard some comments from Voertman's, a few years ago, about some problem with people visiting the house and parking over there. How can you address that particular problem and is the fraternity willing to take on the responsibility of policing its own guests? Mr. Orelup: One of the details that we are working on it to add provisions addrersing the parking. We don't want anyone that we know, or are associated with to be inconveniencing Voertman's or to be towed from their lot. I think that one thing that will help this is diverting our traffic from Oak Street to Fry Street. Providing additional parking on our lot will help and by putting a sign on our lot that says you will be towed if you park at Voertman's will help. Anything else we can do we would be glad to do to keep that from being a problem. Mr. Cochran: Would you be willing to allow some of those suggestions as conditions for the specific use permit? Mr. Orelup: That would be great. Mr. Cochran: What would you do about cleaning up the area? Mr. Orelup: In my letter I mention having bi-weekly cleanups which we have anyway. Everyone is required to attend this to keep the house and the lot cleaned. Ne have proposed extending that to the Voemman's lot. We also proposed extending it into the neighborhood after a large social event. I even included some compensation if we missed a pickup event. That would give Voertman's some recourse. Mr. Altman and i both feel that we started this negotiation late but I feel that we will be able to work everything out, Mr. Cochran: What will be the building material? Mr. Orelup: It will be a wood siding with brick column accents. We feel that it will match the surrounding aesthetics. Mr. John Eddy: My name is John Eddy and my address is 1320 Heatherlane. I am a faculty member at the University of North Texas. A number of us are working with the Fry Street area to Improve the area. It is unfortunate that this lodge burnt down after the all of the remodeling that they did. Over the ' past ten years I think Delta Lodge has proven be one of the great resources in the City of Denton and the Fry Street area. I don't know of any one single organization with this number of people involvt;d, that has done more to provide a needed economic boost to local businesses and charitable organizations. _ • • Ms. Russell: Is there anyone else to speak in favor of the petition? i Mr. Curtis Loveless: My name is Curtis Loveless and my address is 218 N. Elrt. I have had my problems with them in the past but I think that they have made a great deal of improvement. I think this is an issue for the City of Denton. They have raised a lot of money through the Fry Street fair. If they are not in that location I don't know if the fair will be able to survive. 1 think we need to have a college • r P&Z Minutes January 8, 1997 Page 8 presence there. 1 have given this a lot of thought and 1 think we need to have them there. 1 have heard their assurances both privately and here tonight. I think they have turned the corner and they have become more responsible citizens and I think they will be an asset to that area. Ms. Russell: Is there anyone else to speak in favor? Is there anyone to speak in opposition? Mr. J. D. Altman: My name is J.D. Altman and 1 am the manager of Voertman's, an employee of the Nebraska Book Company. I folmd out about this when 1 saw the sign in front of the property. We have some ongoing problems that 1 would like to get worked out. 1 have only been here about three and a half years. We have talked about the problems. Some of the biggest problems are the trash and the parking. We have not been able to come up with an agreement that is enforceable at this point. 1 am not particularly opposed to the Delta Lodge. The problems have certainly decreased since the fire. It is very frustrating to have to clean up after your neighbors, and it is frustrating to have to go over and ask their guests to move their cars. Their membership changes yearly and that makes it frustrating. Now do we enforce the things that they say they are going to do. Lowell sent me a fax and 1 don't agree with. I don't want money if they don't clean up the trash. We would like to have good neighbors. One example of the kind of neighbors that they have been, is after the fire Dena Bruton-Klaus asked me if 1 would donate some books to those that needed them after the fire. I old her I would if she would guarantee that I would get the books back. At the end of the semester I got books back from two people and she had to contact the others to get them to return their books. I am not here to black the Delta Lodge. Until we can get an enforceable agreement I will have to remain opposed. Mr. Powell: Do you think that the new design of the structure and the parking, and the fence on the south and west side will alleviate some of the problem? Mr. Altman: I think it would help. Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make a rebuttal? Mr. Kaasted: Trust, faith, and community with your neighbors starts right there when you are building. I think that the fact that the Delta Lodge is coming and making these statements in front of everyone, there is absolutely nowhere for us to go and hide from the promises that we are making. In as much as we understand the nature of the problems, we are here to be a good neighbor and to respond to your • concerns. We promise that we will do our part. Ms. Russel;: We will close the public hearing. Mr. Reeves: We are not changing the zoning here, this will remain General Retail. We are just here to consider a specific use permit for the Delta Lodge. 1 can appreciate Mr. Altman's concern about the • parking lot and the trash but I don't know that we can attach conditions for someone to clean somebody • 0 else's property in order to get approval for the specific use permit. Regarding the parking, the required number of parking spaces is fourteen. The maximum number of members that will be able to live here is going to ten and to change that they would have to come back before the Commission. If something is not on the specific use permit site plan then it will not be allowed on the property. They would be able to get a permit for a temporary stage for something like the Fry Street Fair but it would not become a permanent fixture. `4 I P&Z Minutes January 8, 1997 Page 9 Mr. Bucek: The toughest item is that for an SUP you are talking about what can be done on your property and trying to do something on a neighboring property is a gray area. We can try to draft an ordinance in such a way that it would be enforceable from the code enforcement aspect. Mr. Eddy: The trash problem is universal in this area and the University is working on scholarships for picking up trash seven days a week. All of these problems are solvable and this group of young men deserve an opportunity here. Mr. Reeves: I need to make a correction. They araa't any signs shown on the site plan either on the building or the property so there won't be any signs on the property. Mr. Cochran: Was that your intention to not have any signs? Mr. Kaasted: No, our intendun was to have a sign on the building identifying our house. Mr. Moreno: What is the percentage of opposition? Mr. Reeves: There is forty-five percent opposition. Yoertman's represents about forty percent. Ms. Russell: This will not affect us, it will come into play when it goes before the City Council. Mr. Jones: I am going to vote against this because 1 have been in town for fifteen years and that location has rot changed in appearance until the fire. It is easy to say when you want something all of the things that you are going to change. They have had fifteen years to do it and it hasn't happened. Mr. Cochran: In the past there has been an atteiTt to relocate them either on campus or, somewhere else. This seems to be a good location and whether or rot they are good neighbors is not a zoning issue. I have been in town fora while and 1 used to live on Fry Street. I have watched this evolve over the years and all of the criticism was warranted. Delta Lodge is apart of Denton and this is a college town. I think it has an important place in the community. The question about parking and trash are legitimate issues and 1 would like to we some instrument devised to add some level of comfort for the neighbors. Ten minute break at 7:00 p. m. • ( Reconvene at 7: 10 p. m. r,,•~' Ms. Russell.: 1 have seen the changes that have taken place and I know that you have done a lot for the community. 1 think that is really great. Essentially the fate of your endeavor Is in your hands. Unless ; you can make your neighbors happy then you will have a hard time getting this passed through the City ! t' t; Council. You will have to do what you canto satisfy your neighbors in order to get this approved. O J Mr. Powell: I would like to say that the fact that you bring so much business into Denton during that weekend of the fair is quite a success at your age. Ms. Ganzer: 1 have some mixed emotions about this, but 1 will be voting in favor of this. s-9 . f- ..1;\.':4'n"I VCa:•.t:..nv:•rna.,n.,~.:n...a.sr n. ...,-a.. an... ....nr«.......~.r.......,.-.~.«w-.w-~r-.~.-:... P&Z Minutes January 8, 1997 Page 10 Mr. Moreno: 1 have been to the University of Oklahoma and I drove through their fraternity area and I was totally surprised by the appearance of that. Those houses were neat, and they were landscaped. When 1 thought about fraternity houses in Denton, 1 just didn't understand what the difference was. It made me a little envious of the situation that they have up there. I am going to vote in opposition. I Mr. Cochran: 1 move we recommend approval of this specific use permit for the Delta Lodge at 1305 W. Oak subject to the following conditions, those being that there would be adequate signage to indicate that cars belonging to Delta Lodge guests would be towed if they park at Voertman's and that it be Delta Lodge doing the towing. 1 would also like to attach this letter from Delta Lodge indicating that they would be willing to do a bi-weekly trash pickup of Voerlman's parking lot. The third condition would be that there will be a fence on the south and west property lines. Mr. Powell: I'll second that, and if you would accept an amendment to the fence in that it would be a eight foot privacy fence with steel posts with the face towards the outzide, with the necessary requirements to meet setback codes. Mr. Cochran: 1 will accept that. Ms. Russell: Any discussion7 All in favor please raise your right hand. Opposed same sign. Approved. (5-2) Mr. Moreno and Mr. Jones opposed. V. Redgate Pecan Estates. The subject property is located partially within the City Limits of Denton, and mostly in the ET). The property consists of 57.531 acres located between US 377 and Country Club Road, across from Thornridge. a. Consider exaction variances of Section 34-116(e) regarding water capacity for fire protection purposes, and Section 34-116(c) regarding fire hydrants. Mr. Reeves: This is a replat of Redgate Pecan Estates. You have an exaction variance request for water capacity for fire protection and fire hydrants. You have a letter from John Gillette in your backup concerning this. Staff is recommending approval of both variances with the condition that there will not be any buildings within the city iimits of Denton. There is a small portion that is within the city limits and the remainder is in the ET). Mr. Powell: Does that mean that a year from now if this is annexed that they can't build anymore? Mr. Reeves: They would have to pru:?de water capacity for fire protection purposes. Ms. SchertE I move we recommend approval of the exaction variances to Section 34-116(e) and Section t • 34-116(c) of the Code of Ordinances of the City of Denton with the condition that no buildings will be • O J located inside the city limits. 1 Ms. Gamer: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed sarne sign. Approved. (7-0) ~d • ~dl} .1~. V a .~..~d 4 Y~: ! , r 44 fi Agenda No.~/ 7 " DO Agenda Item I Date CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council 11 4 FROM: Ted Benavides, City Manager DATE: February 4, 1997 SUBJECT: Hold a public hearing and consider an ordinance rezoning 0.23 acres from the General Retail (GR) zoning district to the Single Family 7 (SF-7) zoning district. The subject property is located on the north side of ° s Scripture, between Lovell and Bryan. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (6-1). US MMARY: See Planning and Zoning Commisslon Report. BACKGROUND: Written opposition has been received from property owners within the 200 foot notice area totalling 54% of that area. The "20% Rule' Is in effect for this case, which will require a supermajority vote of the Council to approve. PROGRAMS. DEPARTMENTS OR GROUPS AFFEM.D: Not appi;cable. FISCAL IMPACT: None. s ~k 7 a r, :r 41 * w 7a t N4, A 0 • r Please advice if I can provide additional information Respectfully submitted: Ted Benavides City Manager Prepared by: 40 WA 1-4 Walter E. Reeves, Jr., ICP Urban Planner Appfoved~ Rick Svehla Deputy City Manager , Attachment M1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment M3: Minutes of 12/11196 P&Z m6ating. , it,4 4 > ~ `tiy~ f 1 _:-s,.,~,~..._,__~...r : .'f}', i •(r•; "~g~ ~~Sa:E}14xk ~°S ~at~NS d,~ ~ IS • Y''.~3a'i+., :di .r . ~3 ~ ~ j.3ri~ • Sr! ~v tsar ..'r ' 1,S~Yi~ i ~ rq ~'~f ~ C4' ~~A`~i t +1' iAhEG`kLdt~Jf 6 ~y,~~.k s I , ATTACHMENTI PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: February 4, 1997 Subject: Z-96-045 GENERAL INFORMATION Applicant: Darrell & Linda K. McEvers Rt. 3, Box 7dd Canton, Texas 75103 Owner: Myron Hargrove 600 Mimosa Denton, Texas 76201 Action: Rezone 0.23 acres from the General Retail (GR) zoning district to the Single f=amily 7 (SF-7) zoning district. Location: The subject property is located on the north side of Scripture, between Lovell and Byron Streets, and was a day care,(See Attachment 1) P--rounding Zoning and Land Use: LOCATION ZONING LAND USE Borth: General Ratell Sir4* famry, mdn°al offl "A*amacy Souft Off" MedlrA lab, r antal health center Eat General RataA Singla faTiy residon0ol, amse Bryan Is h04StW West Oenaret Retall Single famly rakenbat, acrou Lovell is mod" feb Denton eve opmen on: ow ntensf y rea a a to . SPECIAL INFORMATION The subject property is a part of Lots B and 9, Block 7, Oak Grove Addition. No permit is required that would necessitate replatting of the property. BACKGROUND The subject property was placed in the General Retail (GR) zoning district by Ordinance 69-1 which adopted a new zoning ordinance and map for the City of • Denton. • • Page 1 ' i t ATTACHMENTS NOT &E Fifteen (15) notices were mailed on November 27, 1996. Eight replies have been received, three In favor, five opposed constituting 540/6 of the 200' notice area. ANALYSIS Denton revelopment Plan Policy Analysis Summary Low Intensity Area Dawloprnant Raring Vs Policy POLICY COMMENTS "v'°"~+ e'"Me"• o°""" t ewarrurs aroaurre To be consistent wld! Brs Rain, a Allocated Intensity . 13.77 Y.ronsity tAps. davelopmsnt atxoutd not exceed Its Proposed Intensity . 9.M Intensity trips. x aliocatod intensly. . strict sire plan control ~,I'nin 1,800 Law density rssicisnIal use wNn 1,800 fast feel of existing low density No ells plan proposed. W being proposed X ' r resklentlal, "a PD. Traffic design to ensure OW Mull- NA ! Family or Non-Rasidentid uses have - - access Io collectors or larger artarlals mth no dyed acceas through rssldsndsl streets. Sulkient green spew, recreational Landscaping not required No buf erysrd lacllioes and dwrsiy of parks are proposed. x provided. Input into planning by neighborhood No nalghborhood meeting u proposed associations and councils is x encouraged. Neighbodlood service center NA concentration Nonresidential % mfle separation NA My form of continuous strip NA - oonsnerdal development Is strongly r+ t ' dscounsged In or near low Intensity arses f` VECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6.1). • 1 y • Page _.-•.,~.+.~__x~.- ! • e i 1 i .'41.5 F !t t `i1S `r w' " r,-..wee 'n u. ~t ~1 Y6~'~d ~ i ..'rt ° ✓ (a i~rer•e~ll~ a'a+1 T~ry e+ bW5 LQ ^yvr i'!! } n,~w d: ~t0511°i : r~' `fi~t~~' -d ~c' X3;•. f~."TQ ~.-~~,P~.51 ~3A r~a~~ iD•, y,.a, I Pi all v- ~ I ~f A , ATTACHMENTI ALTERNATIVES 1. Approval as requested. ' 2. Approval with additionaVother conditions. 3. Denial 4. Postpone consideration. ENCLO%)RES 1. Location map. x 2. Surrounding zoning map. 3. 2016 Milo map. ,z f r: n I , i- r P{~4 1 Page 3 ~i4 tr / y !4 x~l ?r l ' ,O 1 ~ 7 R e!j "0 ~ s . • ATrACHMENTI ENCLOSUREI yy 9 1 1 fAI 1 I I 1511 6007 X03 1211 Y17 115 110 p5 Z-96-045 ■ ! r ° z 1512 Scripture S~ lip M p s 1701 1313130 I 147 1415 171401 r14 11723 3q 131 t3' 70a 027 1 12 207 1203 1201 ~ {I 1713 1 1I ■ ■ ■ ° 7 X700 ,20 16 1 24 l4a is 01 m to 5 06 s o0 1 e I i ® 122 1 172s 0 !all { j j Cam- • iGfJf • 1 I f , 151 p t40 1 t Di 13011311 1721 T 14 6 ° 1 ti 1330 f~'~ piag?F~ 110 ° 70~ 'I 13id' 113~Se 1300 14 771b 5206 V A AN-- 102 1 6 ° { ! E710 1402 1401 140 10 IX 1 F211 C NGRE Z W 1723 - 2 II1 _V4 1623 S , 4~1 m 4WD 444 116 ®12 4 ■ ='1' I ■ Z Igo 400 o1. i 31 : ~4 Q f ■ e eu I , • 3 0 623 z s■ o ago 310 ■ ® A e ste ■ et6■ B R 310 3 306 6 2 ■ 30? r 1b >b eIS ' ,124 4 . 3 g e22 ■ I f e i ~ ■■r' 20 ~fe • 2 t s~ t2o: tta , I1 f 6 4 aim • ATTACNMENTI ENCLOSURE2 lap Jr. lip Jd O; I dit 16 q tat PF d j I N I ~ I I est ii~ I A ' , ~ ~ I{ r~ III f ~s l0] ~ _ I I ~ i I I I M. • o I L MI 1 I ' - -16 gal • 1 I ■ . •I~ Ij~y ~ ~ r Alp RD I ■ y I r Elm so --Iw -8 in A ILE 330 1308 6 045 ENCLOSURE 3 I 1 1 - - Z-96-045' 1512 Scripture' PANH~ NOLE PA , ~ 14"1401 - 1,517■._i 112i 1323 MA 1311 / ' 1 0 1423 - _ . -1--- 1 ~ - 1 1719 4 8 e~ 1 710 0 16 ` ~ 701 i,) y~0 1 ! 121 1211 As _.13001 ----1 - 04 1! 0_ - EGAN '7r 615 r- 1T 0 1402l 443 1402- - 1 0 1 D ! 1402 COMGRE 1 237 711 1___ 1614 1404 01402 w ■ 618 n"v 15M 1 1716 - J r, " 4 L- - - _ ~ 6.00 I L--- _ - SCRIF J&3 jG12 ■ - IM3 416 4010 416 ■ A• + - + - 1~4 . h° la L= 0 320 ■ { r • s 3, - - •1`~~ 316 m 318 3 T 318~ - 310 . 307 - - - . KIM- 22,f 4 O SIM 4 • Total Area • 4.864 MM _ < 2> ~ Slte (Ane noWpeednq n:onlnq no! IeeleNd) 6 i_ ■ - - _2,._ Area of 54 ~K posed • 2.5 ■oroa ■ I Opposed 7 1 1600 1418 t 1374 1314 17081702 ' 4 1 1818 1500 ~-1 - • • r• 2-96-045 ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.23 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SCRIPTURE, BETWEEN LOVELL AND BRYAN STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Darrell and Linda K. McEvers, on.behalf of Mr. Myron Hargrove, owner of the subject property, initiated a change in zoning for 0.23 acres from the General Retail (GR) zoning district classification and use designation to the Single Family 7 (SF-7) zoning district classification and use designation; and WHEREAS, on December 11, 1996, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that this change in zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zon?-ig district classification and use designation of the 0.23 acres described in Exhibit A, attached hereto and incorporated herein by reference, is hereby changed from the General Retail (GR) zoning district classification and • use designation to the Single Family 7 (SF-7) zoning district classification and use designation under the comprehensive zoning i 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 exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, ATTACHMENT 2 the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED, this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WATERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY# CITY ATTORNEY BY --~J r • 't PAGE 2 Ap r } , i / ( Y 1 y 7 I ' Fxhib I~ } All Uses. ulortain lot, tr-not er parcel Of land lying and being bLtuatod In the CIE), 4•' lanten, county of Denton state at soma! and b•!nq a park of .0a Nos. Licht (a) aM f1(ne (9) in D1604 Nuarber coven (1) ■n ah.nm and rtAMignated on the Plat a oak (trove Addition to tha pity of Denton. Texas, as shown by Plat thereof of 70,Anrd in the office of the County Clark of Denton County, Texas, and i ore particularly d.wcrlbad as follwst PDOUNINQ 16 2/3 feat .tact of the southwest corner of nald lot Number Eight (a) of said uak ttrove Addition, sane being a potht err ' the Xouth boundary llne tf said LuL ltuaLec 919hL (a)s T11611C9 North parallel with the Root line of cold Lot Nusbac Cight a s (1), ine hundred fifty (too) feet to a point in the Port% boundary lino of said Lot Number light (S), aa** h*in7 14C 7/1 rest last of { the Northwest corner of said Lot No. tight (6)t Tt1EMCS fat along the North boundary lira of said tat No. 8i ht (11 31 1/3 feet, passing the Northeas'6, corner of said fat e. eight (0), and Northwest corner of Lcc Number -Nine (9) of said nddltlon, and continuing =eat along the iforlh boundary line of gala lab Nufdmr Nlne (al, 17 1/7 fart, in all 60 2/7 feat for wru«r the name being 16 2/3 feet Root of the Northeast earner of Lot Humbler Nine (h)f TURUC$ Louth parallel with the Y.eat line of maid fnt Ntrnhr►•: Nina (0), nM huMral fifty (150) font to a point In Be Booth bounArry line thereof. n stake for corner, same bein4 16 21N toot Nest of the Southeast corner of said Lot Number Bins (9)r THENCE Went along the South boundary line or said fat Murder Nine (9) at as 1/3 feet its Southwest corner and continuing Vest to all 66 Z/] toot coat and West by feu feet North and NOUth, and being the zest 1J 1/s toot of Lot NveDer mine (9) In block Number seven (7) of Oak Grove Addition to the City of Denton, texas, Y 0 a ' MIDIT Ilk" , , , a • sr ih:,•1,L:r..Ye~`ii~yr 1. #lPfi #];Y_,._ P&Z Minutes ATTACHMENT 3 December 11, 1996 Page 4 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 flew would be approximateiy 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. 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) d. Consider the preliminary and the final plais of the Scott Addition. Mr. Reeves: DRC recommends approval subject to the approval of the exaction variances by City 1 Council. Ms. Russell: Will there be sidewalks? Mr. Reeves: There will be sidewalks along the Gay Street frontage. Mr. Moreno: I move we approve the preliminary and final plat of Lot 3, Block A of the Scott Addition. Mr. Cochran: Second. , Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) • IV. Hold a public hearing and consider a rezoning of 0.23 acres from the General retail (GR) zoning district to the Single Family-7 (SF-7) zoning district. ibe subject property is located on the north side of Scripture, between Lovell and Bryan Streets, and is more commonly known as 1312 Scripture. (Z-96- ' 045) Ms. Russell opened the public hearing. i • I • • Mr. Reeves: We mailed fifteen notices and we received two in favor and two opposed. It is at thirteen percent opposition right now. The subject property has been zoned GR since 1969. The structure was used as a daycare and therefore it lost its status for a nonconforming use. The only way to use this as a resic;<.nce is to rezone it. This is consistent with all of our policies and staff does recommend approvai. Ms. Russell: Is there anyone to speak in favor? ia. ~S 09 • r • P&Z Minutes December 11, 1996 Page 5 Mr. Ronnie Hebert: My name is Ronnie Hebert and my address is 7 i 1 Apollo. The applicant is looking at buying this house for his children to live in while they attend college. Ms. Russell: Is thare anyone to speak in favor'? Is there anyone to speak in opposition? Mr. Lawrence McClendon: My name is Lawrence McClendon and my address is 521 Bryan Strnet. I am with the McClendon Corp. and we own the property that is behind this property. All of the property in this area is General Reta,'l and if they change their zoning to single family, what will happen if we decide to add on to our office building? Will we be required to do anything because this is single family? Mr. Reeves: If they need a permit from Building Inspections then the Landscaping, Screening and Tree Preservation Ordinance would come into effect and they would have to provide a six foot screen. Mr. McClendon: Will that change our setback requirement? Mr. Reeves: There would also be a ten foot setback requirement. Mr. McClendon: We are opposed to this change and here is our reply form. his. Russell: Is there anyone else to speak in opposition. Mr. Svehla: It appears that with Mr. McClendon's reply form the opposition is now at twenty percent. Mr. Powell: How is it that this was used as single family if it was zoned general retail in 1969? Mr. Reeves: Until 1985 the city had a cumulative zoning ordinance and you could do all of the lesser uses up to what the property was zoned for. Mr. Powell: What is to prevent this from being used as a single family residence. Mr. Baughman: They would have to get a permit to do any remodeling inside the building and that would be denied because of the zoning. • Mr. Cochran: This was the same ordinance that zoned all of Oak street as mull-family. It seems grossly unfair. It seems to me that their only opposition is that they will have to build a fence if this is changed. i Mr. Powell: I agree with Mr. Cochran,. I don't understand why they even have to come here for a zoning change. If the person wants tr ase the properly for the purpose that it was originally built 1 think he should be able to do that. • • • Mr. Jones: Why does the applicant for this case not have to be the one to build the six foot fence? Mr. Reeves: The Landscaping and Tree Preservation Ordinance does not apply to single family j residential. The way the Landscape Ordinance is written it applies to everything other than single family. 1 It also offers the ability to come up with an alternative landscaping plan. /.3. .."1111 - ; a, - • P&Z Minutes December 11, 1996 Page 6 Mr. Powell: It would appear the Mr. McClendon would have to build a fence for less than fifty feet. Mr. Svehla: There would also be a ten foot setback whereas in GR they could build up to the property line. Mr. Cochran: I move we recommend approval of this request to rezone 0.23 acres from the General Retil (GR) zoning district to the Single Family-7 (SF-7) zoning district. Mr. Powell: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-1) Mr. Jones opposed. V. Hold a public hearing and consider a rezoning of Lot 3, Block A, of the replat of the Teasley Mall Addition from the Neighborhood Service (NS) zoning district to the General Retail (GR) zoning district. The subject property is located on the south side of Londonderry, approximately 200 feet west of Teasley Lane. (Z-96-053) Ms. Russell opened the public hearing. Mr. Reeves: The subject property is located on the south side of Londonderry, approximately 200 feet west of Teasley Lane. The property was rezoned in 1977 from Agricultural to the Neighborhood Service zoning district. There were thirteen notices mailed out and we received five in favor and one opposed. There is thirteen percent opposition at this time. At one time there was a convenience store at this location. There is a pizza place there currently. This proposal is inconsistent with two out of the three major policies in the Plan, separation and intensity. You have the list of permitted uses for GR and NS in your backup. Staff is recommending Vproval of this request. Ms. Schertz: Who is in opposition? Mr. Reeves: The opposition is from the apartment complex next door. Ms. Schertz: What are they proposing to put in there? • Mr Reeves: The applicant is Roy Metzler and he is proposing to put a small restaurant in there similar i to he one on the corner of University and Locust. Ms. Russell: Would the petitiorw:r care to speak? • Mr. Roy Metzler: My name is Roy Metzler. There will not be any gas pumps near this. 1 am planning • on putting in Limited seating and my main business will be catering. I also plan on having a beer and `J wine permit, mainly for the catering business. 1 spoke with the neighbors. 1 also spoke with the owner of the apartment complex and they were afraid that my overflow parking would use their parking. I don't think that would happen because 1 am only going to have a limited number of seats. 1 also have to put up a six foot fence between this property and the apartments. /y • . . ._..~.,,~yw+..vi.n.'h.w MLti'.MR.YWJ.*s.xw.u'w.W.vr.tMihiYY.~+I..~w..frfM1fr..w.fHwMORVtilAIYARfl R»pMO~f.►.>♦n Agenda No. CITY COUNCIL REPORT Agenda Item Mayor and Members of the City Council Date ed Benavides, City Manager FFR ebruary 4, 1997 Consider approval of exaction variances to Section 34-116(e), pertaining to fire low and Section 34116(c) pertaining to fire hydrants. This 19.118 acre tract s located In Division One of the City of Denton's ETJ on the northeast comer f F.M. 3163 and Trietsch Road. (Milani Ridge) DATION: and Zoning Commission recommended approval of the variances, and Zoning Commission Reports. BACKGROUND: See Planning and Zoning Commission Reports. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted Ted Benavides Prepared by: City Manager Do na Bateman Senior Planning Technician • Approv y: r i Ri4Sv% • D eputy City Manager • • Attachments #1&2: Planning and Zoning Commission Reports. , Attachment *3: Draft P&Z Minutes from January 22, 1997. y~ h x}rY, bPf%ka , cfr; dtµ Y yam,,, i ~y F yy q 'V ♦ F E ~wr" ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT TO: Mayor and Members of the City Council FROM: Planning and Zoning Commission DATE: February 4, 1997 SUBJECT: VARIANCE TO SECTION 34116(e), WATER CAPACITY FOR FIRE FLOW FOR MILAM RIDGE RECOMMENDATION: The Planning and Zoning Commission recommends approval. a BACKGROUND: The applicant requests an exaction variance from Section 34-116(e), of the Code of ; # Ordinances, pertaining to fire flow, for Mitam Ridge. The subject property is located In j Division One of the City of Denton extraterritorial jurisdiction (ETJ). Section 34-116(x) of the t . Subdivision and Land Development Regulations states: Every development shall provide adequate water capacity for fire protection purposes. Unless bul d Ne In the dsvel )pment are provided with fir* protection by moans of automatic sprkwer system in accordance with Chapter 29 of the Code of Ordinances, each development shall provide 0% followirv minimum water capacity (calculated with twenty (20) pounds of residual prasrurs). For low-Into i ft residential use, that capacity is 600 gallons per minute at 20 pounds of residual pressure. The request is based on the lack of a reasonable connection between the required improvement and the proposed development The Planning and Zoning Commission makes a recommendation to the City Council under the fallow guidelines: Where the convniulon We that the Imposition of a development exaction pursuant to thaw reguta " exceeds any reasonable benefit to ttre properly owner or Is to excessive as to constitute confisoadon of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent t wh excess, to the city council. Wailer of developmental exactions shag be approved by the city council. Adequate water capacity could be achieved by connecting to the City's existing 8 Inch water line located at Interstate 35 and U.S. 77, which Is approximately 10,700 feet (or 2+ miles) away. At the average cost of $25 per linear foot, the total cost of assuring adequate fire flow .r would be approximately $267,500. • ENCLOSURE: 1. Preliminary Plat. 4 ~ i 4 5 • .4:-, 1. u. :.k, ,n, ~k ~;~r':~.p'~ ~~4 , wt t fr"^R 7 s~lpr.•y~,y K'3, f~,i • i ENCLOSURE 1 GRAPHIC IULC I f. q0' N I1'Y'DI' Ir17/ IC E..7 I ~ LOT 7 I I $70 6C , VLT ' I ~ fNnt II II I ~.1~ I I I I.»o ►C I ICT 0 1wwRrw G0-0 I ' IN~r1J1 LOT ~w Iww.r'ZirWrw~I t~'y'~:Ly" I I I.IM Avg = I I , •w rsrwrrw {J I ! 6 • RrY~NwN!nawlwlwwNU■ N I I • w R'.~...vrWb.IrW M I r 1wIR r.. NI.RI. 10 `CCl I ~ , AAF R~l>~I Y o.M M. NNN I i 0.016 6C ` 1 a•W.+N .r N I Is AC r 1 li I I Luv ►C ; Los , I,NM K - l01 1 ~ ' I i IMU~1't /N.00' ,3, rasaa6n oatTauwrlr • ,~p~ 1 ~n~.6arMw Ai J, ' 1 . 1 I l^ 1' 1 'vl v l gall 'r • t. r~.•w...~..w.eWYxwl. ~i.:.w~..~.........__.~u~i.. ~Lu~r. ter- IIWYI~ ATTACHMENT 2 PLANNING AND ZONING COMMISSION REPORT TO. Mayor and Members of the City Council FROM: Planning and Zoning Commission DAT►c: February 4, 1997 SUBJECT: VARIANCE TO SECTION 34.116(c), FIRE HYDRANTS FOR MI LAM RIDGE. RECOMMENDATION: The Planning and Zoning Commission recommends approval. BACKGROUND: The applicant requests an exaction variance from Section 34.116(c)of the Code of Ordinances, pertaining to fire hydrants. This section of the Subdivision and Land , Development Regulations states; Fire hydrants shall be a maAmum of six hundred (0340) feet apart in residential areas and three hundred (300) feat apart In oornnw* Wlndustrial are". t The request is based on the lack of a reasonable connection between the required E improvement and the proposed development. The Planning and Zoning Commission makes { a recommendation to the City Courrcii utAer the following guidelines: o Where the conxnlssion finds that the imposldon of an development exaction pursuant to these ' regulations excesda any reasmabio bane t to the property owrw or Is ro excessive as to owwft to collocation of the tract to brr platted. It may recommend approval of va WXM to waive such exacdom, , so as to prevent such excesi, to the city awns. Waiver of developmental exaction shall be approved by the city council. t~ • In order to serve the proposal lots with an adequate amount of fire hydrants, the applicant would need to provide approxmately two (2) fire hydrants at the average cost of $2,600 each. The total cost of installing the fire hydrants would be approximately $5,000. If the varanco to Section 34-116(e) is approved, it would be a moot Issue to Install hydrants without the necessary water lines. A variance however, must still be approved in order to y waive the hydrant requirements. ENCLOSURE: f 1. Preliminary Plat. ; r f - ° rt N+k ^ ti t rX " , i•>„ • is Mrf^ . 4 V~LJ~.u v~.JCicCr • ENCLOSURE 1 CRA1WO ICALI f•qa' _1_. & llo . Iro oa I Mw I tot t l I j170 Ac { i I ti ~f4K ~e~. , II { I I,ITO Ac I I IAt 1 awlarw/ I1 II sx un ~ era rw tipsy.. I I i t I rw~rr r~~i rw•rwNr pe a TMM~NIINIrMM ~II 1 R I II C IAiI u x J ~Cv r r°w K I • wozo c • I. 16 Ac 6 I I~ I , 1 III I 111 11601 u l I , Lai h I IAN Ac I I lOR1 i t I 1MfA•~' ~ ~ ~ arelw • Axod ' -YA IPAMM Ni66-M w A. 71' M1 J i i y G' t • i • JaP&Z ms Minutes ff II January 22, 1997 Page 13 V111. Milam Ridge. The 19.118 acre Bract is located on the north side of F.M. 3163, east of Trootsch Road in Division One of the ETI. a. Consider an exaction variance of Section 34-116(e) regarding water capacity for fire flow. b. Consider an exaction variance of Section 34-116(c) regarding fire hydrants. c. Consider the preliminary plat of Lou 1 thru 7, Block A, of Milani Ridge. Ms. Bateman: The applicant has requested a variance of the water capacity for fire flow. The applicant has requested an exaction variance on the fire flow. The Subdivision and Land Development states that each development shall provide adequate water capacity for fire protection. In order to provide adequate water capacity for this location you are looking at a little over two miles to tie into water and the cost would be two hundred and sixty-seven thousand, five hundred dollars. Just to the south Is a subdivision that requested the same variance and it was approved. Staff recommends approval of the variance. The fire hydrants is kind of a moot issue if you don't have water capacity. The cost of fire hydrants would be five thousand dollars and staff recommends this variance also if you approve the variance for water capacity. The preliminary plat Is for single family development. No public improvements are nocessarT to suPPort the development. The plat does conform to the minimum subdivision and land development regulations. DRC recommends approval. Mr. Powell: 1 move we recommend approval of the exaction variance of Section 34-116(e) for Milam Ridge as presented by staff. Ms. Schertz: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. - Approved. (6-0) Mr. Powell: I move we recommend approval of the exaction variance of Section 34-116(c) for Milani Ridge as presented by staff. • Mr. Cochran: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) Mr. Powell: 1 move approval of the preliminary plat of Lots 1-7, Block A of Milani Ridge, ' Mr. Jones: Second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) ro • + 4 • l'-'.~•~'x .a "'~s r, Y.~~r r z•.~`n,r 'ii i'x S1'~. .P. aiY~f oltA'~, s~'Y~ ..,....:~o...,yw~.«oaxa.,.noT.nas-mvw:ka..:,d....c.rL;:..~rwarx+wwe~ .wt+WN l..' Agenda No. 49E Ly Agenda Item Date CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 2 F5 E MCKINNEY ~ DENTON TEXAS 76201 (617) 566-6200 VFW METRO 4344529 CITY COUNCIL REPOLT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manage F DATE: January 17, 1997 SUBJECT: APPROVAL OF TAX REFUND TO FAWN R. CONGER RECOMMENDATION: The Tax Department sent an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documentation have been returned, requesting the refund, which the Tax Specialist recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Fawn Conger has requested a refund in the amount of $507.60 because she overpaid her tax account #021057. BACKGROUND. The taxpayer and her mortgage company each paid the taxes on this parcel. Ms. Conger paid $507.60 on October 7, 1996 and her mortgage company paid on December 23, 1996 resulting in an overpayment. Ms. Conger is now requesting a refund of the overpayment. • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: k t The Tax Department and the tax account of Fawn R. Conger FISCAL IMPACT: R $507.60 "Dedicated to Quality Service" _ ~F' to-, c + 'r. ,t , w 5 r., 1`:y^ a,y f'. •y r' `T 1A GI t"{.',{.i r i w„ y . ✓ ' 11` I kf. x . ~R Wall r f k.' .4 t.~l~a.G` rrfK'F.w...iL~ H✓.7 G 9t 'r..$., .-d ~~~t..."° ?..rt x - J City Council Report Page 2 ' l Please advise if 1 can pr)vide additional information. 's RESPECTFULLY SUBMITTED: , Prepared by, Ted Beaavides City Manager l ~l Julie ewht , Tax Specialist } r ~a A roved: JO OrMn R.. Ch f Fi a officer Attachment: , 1. f AAA%CAO y~.a i t Y r `r cr{ Jr? 1 f S • r i 1 ~ r 3 ,rt• y~ r ,'tr i k' I S+ ~ Y'Li k oY rT U- ' r ry~ ~Y r.. i Soh la, APPLICATION FOR TAX REFUND n.ro~.a roaraaa, Collecbrn-4 Chive t'amr. --ATV CP [A rM T S E. t+. (Taxing Units) G,!. ,•.+i, Zip Code In order 10 apply for a tax refund, the following infor nation must be provided by the taxpayer IDENTIFICATIO OF PROPE7~pTY NER: Name: tAWA) „ ?#0A/6t£oC Address Z// °lest4r(cc DA? flryou TX 7~~°I Telephone Number (if additional information is needed): IDENTIFICATION OF PROPERTY: oescr ption or Property: tn/4nf~/t/ D4 E . IQaAef- r gtoc c Cor 3 Address or Locution of Property a KS A! Account Number of Property: _42210-5•7 or Tax Receipt Number: INFORMATION ON PAYMENT Of TAXES: Name or Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Arnocnt of Tax Refund Is Requested Is Requested Tax Paymert Taxes Paid Requested r f. Clry of VrArroxl 19 7/ 19 _AL S 507, b o s 4507.6 0 2. CrryoiZlfPTcv 19 6 ia_.23/ 19 Sp- S O 5 3. 19 19_ S S Taxpayer's reason for refund (attach supporting documentation): .l) 4 AND WiR. rt10 r_&.W eNTkrs Di4/1~E~ . ll~a. cLtG y.t C'~asP;j y ff+cg ho/A ?N0_ ty4kf5 ,QiVt.56T"AU4 A AFuND (!;C 7W1 DUf9PA%1A1E1UT "I hereby apply for the refund of the above-described taxes and cen4 that the Information l have given on this form is true antio correct" Signature Date of Application for Tax Refund • j DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Dale ti • Signature of Presiding Officerls) of Taxing Date • Unit(s) for refund applications over 5500 Any Person who math ea a lobe entry upon the foregoln9 word "be s~ to eM of the lorowlny P sn~ t. W*dearneM of not more than 19 years nor Ices then 2 years and/or is Rne of net more ton 26,000 or both such tats end an! IenpAeomaen! w 00f r imprlsonment 2. conllnentanl In Jaa for a term up to t year at a One +all to exceed $2,000 of both such One forth in Section 31.10, Panel Cods. , rr,~ao frn 3 - _ ' ,`a..iw ',~1. r , •r r'( , r ,ri` ±wF-+'C4 rear r ~ k ♦je l'4,~i~ ~,~~k~~'ryt;i riy"'s 9~ ~ ~`i++r 4e l 9.. {...w.1$ s ul , b3'~iY: .G ,•;r'rrr , u, Pr.:?k jt `^r'..3 x' tee 1'Y~ f ~Xje ~'+y. + li aL hhhAAA''',ti 4 ,n (~.I,~A 9 L 3 • a~x n _ ...._.:v.-,..~._n.__...~.ri__.Ya.i.~•~~..__.1~..::_. ~"_W_i ..r._-•_J'---..._" ~ 1 j L f. .-a ~_Y ~4r r~_2. n.. FAWN R. CONGER, RAT. 1, n ~ 1875 LIC. 14268797 PK e17,W,3049 SOX f pENTOK T4 A97 782 4 (O 19~~ PAY THE 2 ORDER ER OF 4 r` . !1 y_~ . ~ DOLLA RS - is+ } :-~1 FOR as l e S `fob nQD &9047424 10 BILD AIM"' i87-5 x'000005 6010 • ~ o m p n Z mo N n n giY ~ IBpI IB i1 IMlAi FBI iME MIIf ! ! 19!,4'742 ~ NAf - -:gc',-ICi f -pie, ' ►%t. s i F"~ 4ihtil ..LS "`lea ~ C ~ z m I Y A , l 4 1 ~~Y9 i 4, . . r.+w.cc'__ - C•.,.`_ + r'' 't Y• '1,`.',? . r r , Y ~ ,x S,xy o • ~ ~~i llir 7 rtsw , ti~ ~v41 ~,r~~~.. • ~ R `k •.v r,J . , ~ 3d~ ♦4v, ~w. • / • • REPORT F10R05OW 01/15/97 AT 18:44 O V E R P A Y M E N T S P ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF P 02354800000 96/03/30-0498 TURNER, PHILIP M CARMEL ST 270.00 OVERPAY 03097400000 96/03130-0509 DOOLEY. MIKE MISIYWOOD LN 448,14 OVERPAY 03162600000 96/03/30-0640 KROLL, STEVEN A W PARKWAY ST 2.54 OVERPAY 03643300000 96/03/30-0749 LEE, BOBBY E DAUGHERTY ST 1.00 OVERPAY 10493600000 96/03/30-0941 SCAGGS, CARTER J BRANDYWINE CA 371.15 OVERPAY 03579900000 96/03/31-0069 HARROLD, 8AMBI JILL MOCKINGBIRD LN - 331.06 OVERPAY 07699800000 96/03/31-0075 DAVIS, WALLACE E OR ETAL 0.01 OVERPAY 02328400000 96/03/31-0145 JOLLY, LEO M BUCKINGHAM OR 0.60 OVERPAY 02900500000 96/03/31-0164 HIGHT. ROBERT LEE DONNA RD 41.18 OVERPAY 03452300000 96103131-0199 DENTON BIBLE CHURCH. £ANDERA ST 0.01 OVERPAY 10514700000 96/D3/31-0334 HILDRETH, EDDIE JA INDIAN RIDGE D- 131.84 OVERPAY 03559100000 96/04/02-0065 BLAKE, FRANK C W HICKORY ST 22.00 OVERPAY 03332900000 96/04/02-0196 HARWELL, HELEN: : ANNA ST 20D..00 OVERPAY 90736100000 96/04/02-0245 BURKHARDT, DAVID R ODS 5 LOOP 288 - 0;01 OVERPAY 96/04/03-0184 T N MARK H HIGHLA(4~ PARK y. 100.00 OVERPAY " 2105700000 96/04/06-0078 GONG AWN YORKSHIRE ST 507.60 OVERPAY i 0 4 r k 02269900000 96/04/06-0264 BURK. B. DEAN "THOMAS ST -416.83 OVERPAY ff` 02275000000 96/D4/06-0263.: SMITH. DOROTHY J °.OAKHILL OR 54.:08.OVERPAY. 02430900000 96/04106-0464 MCCLURE,£R1O CHAMBERS ST 26,4t OVERPAY 02558900000 96/04/06-0644 SCHENCK, W L JA TIMSERGREEN CR; 63.46. OVERPAY 02711700000 96/04106-0740 KAY, GEORGE J MEADOW VIEW CT 624: 47 OVERPAY 02740600000 96/04/06-0767 WITHERS, JANNE P PEMBROOKE PL 53.45 OVERPAY 03065700000 96/04/06-1132 CRAFT, DWENNELL FREEDOM LN 81.13 OVERPAY 03153900000 96/04/06-1276 JOHNSON, DONALD K CHERRYWOOD LN 392.76 OVERPAY 1 03409700000 96104/06-1169 MARQUEZ, TOMAS 6 MARIA WILLOWWOOD ST.. 33;18 OVERPAY 1V~7. 03566800000.96104/06-3513 SPECTOR. DAVID M III A JANET L LINWOOD OR 26.42: OVERPAY 07519200000 96/04106-1570. HARDIN. ALANA B ':.WINDSWEPT CT 27,-53 OVERPAY 10302700000 96/04/06-1811 HARTSFIELD, DEREK J '.WINDBROOK ST .'26.42 OVERPAY 10325700000 96/04/06-1852 MODROW,-CHRISTOPHER L OAK`TREE DR 26:42 OVERPAY 10332500000 96/04/06-1879 SWEATMAN, GARY D DIANE CA 53.45 OVERPAY 11670000000 96/04/06-2105 CROUSE. WILLIAM C KENWOOD ST 53.46 OVERPAY 12635300000 96/04/06-2169 MARSHALL, MARK A NOTTINGHAM OR 26.41 OVERPAY 1460730000096104/06.2255 OESJARDINS; RAYMOND TARTAN CA .565.09 'OVERPAY ' 17738000000 96/04/06-2374 : BALLOM,.KENNETH T IN BELL AY 16.42 OVERPAY. 18016500000 96/04/06-2387 FISHER;-HOWARD P SAINTS 'CR} `-26.42;OVERPAY! • + 18296700000 95/04/06-2391 BURNEY. MITCHELL G LIDO NAY, 63,A0 !OVERPAY' 18297000000 96/04/06-2392 OLIVARES, ADOLFO LIDO WAY 63.40 OVERPAY 02765000000 96/04/07-0285 RIFE, HENRY STONEGATE DR 868.67 OVERPAY 13051700000 96/04/08-0094 KING A KING P/S N ELM ST 86,65 OVERPAY 03583100000 96/04/09-0201 DOUGLAS 8 ASSOCIATES LLC LOOP 288 488.99 OVERPAY 12622$00000 96104/13-0191 TEXTRON FINANCIAL CORP w `;238 87~.OVERPAYB 02545700000 86/04/13-02211 ZAMUOIO, MEigUteDES 'FOXOROFt'.. CR ~78.~¢~OVERPAY. i TOTAL OF. OVERPAYMENTS • 0.00 > l .'f~ f~ r• Agenda No. 7 -p0 AQenda item oats 7-1 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 T:ifi CITY OF DENTON HEREBY ORDAINS: SECTION_L 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 1973 ALL B T OFFICE PRODUCTS, INTERNATIONAL EXHIBIT"A" 1 SECTION fl. 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 W. That should the City and persons submitting approved and accepted items and f of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, I approve,., and awarding of the bids, the City Manager or his designated representative is hereby j • 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. 7 r I t- ~¢H ~hY+.tY 1 re.. r k~ a ~1 )EU v {S.Tj` sT'",~a ti') py~y5 y -F SECT ION". 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. t PASSED AND APPROVED this day of _ 1997. j 7 ' JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY a, BY:. SUPPLY.ORD V;A n, 1 t t ~ wr • h u. y ~'Q,k Y A F _ r • „'hr lf= ~ adjab~„..~d,'Y ~b" ti-~ '.F,~a, , ia~' f ~ c~,.✓Y~A t~Y ~Y,y .Z~ "i _ _ 1laYF` S r Did N 1973 (EXHIBIT W) STO" Bid Name OFFICE SUPPLIES (e11emats) 0 Date JANUARY 7 1197 } Litea} QTY UN PRICE TY OMs( Bp~on `UNIT PRICE ITEMIZED BID LIST ITEMIZED BID LIST 1 _ 700 Adding MscNne Roll i 60.25 81 800 Poet-It2x3' 5020 2 ' 100 Binder, Data 11.750 So 51.83 52 ' 1000.Post-1130" $626 9 -500 Binder Cover, 11x8.5, 3" cap. 50771 53 bm Poet-113x5' $035 4 300 Birder 3-RIn41I2" ap. 137 61 SO POat-q RoutirglRequeM Lw 41__ 03 5_ 400 binder 34b 1" a . $1.37 55 50 Poet-II WYM of 4 $2.03 B '300.Binder3-RirW 1.5"ap. 1.88 58 150Psd Stereo $0.41 7 400 Binder'!-Ring 2" esp. 51.97 57 150'Pfwne Message Book 2L A, 41pg $1.94 250 Binder }Ring 3" cap. 53.28 58 100 Pfwns Mesea a Book 2 21 $1,55 B x 30 5E Istor 637.09 59 300 Perot" ear box) _ $056 10 11Miao O cfaSng CaeaeBe 94 80 120 Pencil, Msawksl 0.§Fv ~058 1 t 128 Standard 50 min OiWting Cessette 81 200 Penal Msranial OJmm 80 120 PancR Madtankal Sanford Zeze $0,63 12. 80 Standard 90 min DidatiCassette 83 Sin 13~ 9 iStardard 120 min Dkiatlng Cassette 1.11 700,Urdbal DeWe Micro Pen $1.04 14 150 Binder C La box, 1 1.31 1200'UrxbH Visbn Pan $0.99 15 1 00 Binder I s, Medium box) 1 $0.49 300 Stick Psn $0.07 18 400 Binder CUM Small sr box .20 1600 ReAAate RstrecbDle BeR M Psn tit 17 _ 200 Paper Clips, Jumbo (par box) 11 .29 1400:ReAbbls Stick Pen $058 18 _750 Paper CApaySmal {per Doz) 50.10 400'RsAAeble Bel Point Pan, Pilot 50.51 enter 19 _ 20 Correction F kn DryGne Bit 49 2000 Fasbadc Retract" Remote PM $0,30 20 50 ReAR ror Rne cis 51.51 150 Real t /eel 3 1 $4.38 21 500 MWd-FhAdcorrection Fluld 50.42 71 75'RrbDon Cekulator 22 100 Concbon Pen 51.22 72 10:Sskrctrle II Carrechte film 50.89 r23 2E o 8x9 box $3.91 73 7 III C Film 1.82 -14---'602 Envelops 1ep 9212 er tax 72 1 74 50 116111 Corracbon Teps (81bx) $1.40 Selecim 25 30 Envebpe, Clasp 10x15 er box 68.26 75 00 Carrodate Fllm X90 28 10 Envafooe Ga 12x15.5 erbox) 58.25 75 80 Lit-Off Two $1,92 27 10 Envelope Interdepl per box) 1 12.24 77 200 Rubber Bards (per box $033 28 100 File Folder, Frarrp_I , Legal box 36.2121,1 78 so Scissors 50.79 29 60 Flo Folder, Hang ing. box 79 50: roMctors LOW box 30 20 Flo Folder MsnRa L (per box) 95 73' 60 60 53 31 80 File Folder Merdla Letter er box 39 61 200 box -0141 33 10FRe Folder, Colas. (per bo)) 511.03 82 80 LOW Sire 85 3J 40,FilePollen Cokxa Letter erbox 20 83 250!Sbrom BoxLwais" 88 34 30 Fie Pocket Z" Letter (per box) 10.57 54 60 TaD t/5 out Plastic(pa box) 0 81 35 W Speed Letter Form (par pk of 50 00 85 40 ITo Ols en'aar $1.33 38 650 fth-tiers .1 88 ~80_,:_T. , _ x p (par ro9) 0.58 37 200 Indexes, 5C ker Tabe (par seQ 21 87 600 a7 e, Trees arent r roAl__` -0.59 36 250 Indexes 5 um Color Tabs er se 21 f J9 250 Indexes 8 Coar TaDS (per se 50.1 ~ 40 - 450 Indexes, 8 URI-COW a er se .31 ~MCOUNT ON OTHERS - -5MA _ 41 150 Label, File Folder 2x1" (per To 88 i 42 _ 100 Latxsl 3 7!1 18" on sbeeb (per pk 1. 1 43 _ 50'4-Color Dry-Era" Manners gw "D ~~2.82 44 220 Permanent Marker $0.19 i 45 _ 100 Sharpla Marker 46 356Pad. 3HP, Heavy BadrpoaM 4J 250 Pad, 8.6x14" 48 1500 ~Pa0 6.50111Pad 5x of 12) t147 ~r A L r. 3 ~ r r 111 rf ,rf.., , ~ ~ ..4.r ~ Rx.ill r ~'~,aN 1~.1,~`•rh ,~'l~~V / ~ ~L nr " + 1, ~t DATE: FEBRUARY 4, 1997 CITY-CQUNCILREPM[ TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager ' SUBJECT: BID #1973 - OFFICE SUPPLIES RECOMMENDATIOM Council approve award of Bid # 1973.Office Supplies to the low bidder meeting specifications, B T Office Products, International (Alternate Bid). Annual purchases of office supplies for stock in Central Stores and for delivery for user departments is estimated at $56,000. The bid is for a one year period with built-in renewal options. SUMMARY: The itemized bid list was compiled from a prior year usage report. new are the routinely purchased items for stock in the Warehouse/Central Stores area. It is estimated that 45% of the annual purchases will oe from the itemized list. i The costs for non-stocked items ordered by and delivered to using departments is estimated to be 55% of the total annual purchases. PROLRAMS,DRPARTMFNHTS OR GROUPS AFFF.CTFD• All Departments r FISCAL IMPACT: Purchases to be funded with budgeted office supply funds (object 8101). Attachment: Tabulation Sheet Respectfully submitted: t Ted Senatiides City Manager Prepared by: Name: Melanie Harden • Title: Buyer Approved: ! Name: Tom D. Shaw, C.P.M. • Title: Purchasing Ageet ' 1973.AOE 4 + r J F Y • 1 ~.s,-...tip. ' 4 + ♦ F R ~ I) 14r: Y , ' ~ ~ ♦r,. .n J+ ~ 7 ) ` ~ 9 rti..-,~w rr~k{,-i+ vY }°~)S d $ 5 a 0. Y+:w,r• ?~nY '~7°Sa~a~ f I BID 0 1973 BID NAME OFFICE SUPPLIES BOISE BT OFFICE BT OFFICE BRITCO McKINNEY OPEN DATE JANUARY 7, 1997 WIALT (ALT) ¢t` QUANTITY 6ESCR~PTION Vewbdk VENDOR VEf~DOIt' VE~1DOh NDOR i' 1. TOTAL ESTM ATED AMOUNT FOR $21,11 Sr16 127,091 A4 $21,242.76 NON NO 91D i STOCKED ITEMS BASED ON 910 RESPONSIVE i QUANTITIES I ' DISCOUNT ON OTHER ITEMS 66% 66% 66% r h w i 'I g • q., ~"'-.H,<~."„ .fir. 'G. ~ta,~tiyx. fi~ a. ~-1,g~ly '{~'r~ i • • a~ kge(ida . Apanda Item q~- ORDINANCE NO. Date AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FORTHE 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 ordirr,rces; 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 NO- VENDOR AMOUNT 1985 1 XEROX CORPORATION EXHIBIT"A" 1995 2.24 COMP USA EXHIBIT "A" 1985 25.35 CROWN COMPUTER SUPPLY EXHIBIT"A" 1985 36.38 ARCHIVE SUPPLIES, MC. EXHIBIT "A" i SECTION-I1. 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 1 . 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. • SECT1O1~11I. That should the City and persons submitting approved and accepted items and L • 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 I contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related docuuments herein approved and accepted. 1 • , f r i 4 six w e'1 ti"7 w'G#lyl SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract trade pursuant thereto 6 authorized herein. SECTIOELY. That this ordinance shall become effective immediately upon its passage and approval. 1 PASSED AND APPROVED this day of 1997. j i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY g a " BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t: BY: SUPPMORD a y y wJ v ~ tl y k 12 r lit 11 • v „ •2" y~ ~ ~ r .a•'`~gtit, +"t^~v fix. • • :.s - - - - BID k 1985 Eiatbit A BID NAME COMPUTER& FACSIMILE SUPPLIES OPEN DATE _ JANUARY 7, 1997 _ k s QT- V DESCRIPTION UNITS VENDOR- u DISKETTES i 1. 350 3.5 DSIHD perhox(I071156) 13.90Xerox Corpontloo LASER PRINTER TONER 2, 2 LaserJet 5Pl5MP #C3903A 01525001 $66.95 Comp USA_- L0_.4 seet4,4M,4+,4M+NHP92298A 01515005 $89147 ComUSA Lsserjtt 41., 4ML, 4P,4MPNHP92I74A 20 (01535006) M77 ~ _ Comp USA LoserJet IIP, IIP+, HIP, LDP4 ORP92275A S. 13' (01525009)- 568.50 Camp USA - - - - LaserJet H, IID,111, HID, LDP8 III #HP92295A 6 37 (01535010) ,~_56L71 Comp USA LaserJet 111$1, 4S1, 4SI MX NHP92291A 7. 101 01315012 ~S_ - 5103.04 Comp USA 8. 4 IBM 4019 #1380520 (01525013)- $174.11 Comp USA 9._ 4 IBM OPTRA 4039-10+#1382100 S137.23 Como USA INK JET PRINTER CARTRIDGES 10. 90 Drsk~et 600 Black kNP51626A (20379610) $2173 Cow USA _ 1-1.- 20 DeskJet 500 Tri-Color #HP5162SA (1057%51) I $23,03 ('omIUSA - 12. Dnklet 600&660 Black NHPSI629A (2057%56) S211.73 Ccmp USA _ 13. 10 DDnkiet 600&660 Tri-Color OHP51649A (2057%5 $23.05 Camp USA . i Dnkjet 1200, Dnipjel 6500 Black NHP51640A 11 :0579638 - - 37_ 519.76,CompUUSA 16. --2 Dos et 1200 Cyan MHP61640C (20679669) $23.05 'Comp VSA 16 2 Ds! st 1200 Magenta /HP51640M (20579680) 1 $23.06 Comp USA 17 2_DeskJet 1200 Yellow AHP51640Y (20679661) _ $23.05 Camp USA 18 _ 10 Pdn st XL300 Black 9HP61639A $16.14 ComgUSA 19. 20_ _ 'Pain etXL300 Magenta 1HP61639M $17,f2'Comp USA 19 Paln@et XL300 Cyan 9HP61639C $17,12 Camp USA 21. - 4 Deal ynJet 660C1250C Cyan 0HP5i660C $26.35 Comp USA 22. ____A Design Jat 860C1260C Magenta SHP51850M $26.36'Co__ p USA 23. 4 Ded n st 65001260C Yellow *HP51860Y $26.39'mp USA - _24. 4 Canon Bubblejet 200 Black OBC-02 (01626003) $19.68 Camp USA PRINTER RIBBONS - 26. 7IBM4224 Nukote OSM247 (6i066401) $6.14 Crown Computer Suppty _ y Okldala Mlcroline 1821192 Nukob88M1991 1 26. 66 OEM 052102001 (61066403) $1.86, Crown Computer Supply - 1 - Epson FXS011NX60 Nukots 9BM1$210EM 98760 I _ 27. _ 18 (61056420) - $2.26', Crown Computsr-!!U plLrT_ Epson L02600 & L02550 Nukote NBM2601 ; _ • _2.8.14 OEM 67702L (61069423) $2.26 Crown Computer Syppfy__ Epson 1.01000 & LQ10S0 Nukote #r611112041 - 29. - 32, OEM /7764 J66066424) $2.50 Crown Computer Supply 30. 4 Contronice 361 9U20252001 (66066430) $7.25 Crown Computer Supply - FACSIMILE SUPPLIES erma Paper 8.6x98 PMC 900013 (01666002) _$9.16 Crown Computer Su 31 20 - ' per t • J2 2 Thermal Paper 8.6x164 P##C 000022 (01666003) $14.02 Crown Computer 8~ • • -33 _ 6 Thermal Paper .6x328 PMC rW66 (01666001) $16.21Crown Computer_ Supply_ 34, 10Toner Carbid Canon 9FX•1(01526007) $89.00 Crown Computer Supply 36. 10 Toner Cartridge Xerox 610 0SR833 (01626001 _$76.27 Crown Computes 8uppl~ PLOTTER _ PAPER 36. _ 25 Designjet 660C Brightt Bond 20936"x60yd :9_681'A Arcive Supplies, Inc. 37. __21 D*iqqAet $60C Clay Bass 36 x60yd $21.00 ArchNe Supplies, Inc. DeslgnJet 8600 Special E Size Quality Coated 38. 10_ 36"x150'#EHP61831E $29_00 ArchtvsSuppltes,_Inc._ 3 e' , DATE: FEBRUARY4, 1997 ' CITY OUNCILREFORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID 01985 - COMPUTER & FACSIMILE SUPPLIES 3 t RECOMMENDATION. Council approve award of bid by unit price to the low bidders meeting specifications as shown on Attachment 2 for estimated annual expenditure of $18,000. SUMMARY. ']his bid is for the purchase of computer and facsimile supplies as needed. Some purchases will be to replenish warehouse inventory and others will be for direct delivery to the using department. The bid is for a twelve month period with two built-in renewal options. PROGRAMS. DEPARTMEMTB,ORiGWITSAFFECTED: All Departments. MCA-! • IMPACT: Purchases to be funded with budgeted office supply (8101) or computer supply (8113) funds. Attachments: Tabulation Sheet Exhibit A - Recommended Award (Vendor/Unit Price) Respectfully submitted: Ted Benavides City Manager Prepared by: Name: Mel 'e Harden Tide: Buyer _ Approved: t Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 1985. AGE d ' 4 % mw` 's~,'~5 i'"j +tr~ ,'t ti~d{ 2+S +~F YlfLl ,,K,% ti~~t Jp{+'' p • • • 1 bpill ef `4481811- AitlJrt yM I"IINAMI (OMPU 1 rk a rAl SIMI Il.51?r1.1m 67rtrerk, IL.Imlrr Vorporld" o puiw IXMe rrodoclx ~0rkrolrab~ Relim ImL %ppOn, A&I 111•En 1111 It J1N1 WeLlea 101 Supply III IIQiY VNIIA Pint V 77, 1991 1064 ~1VLND(7R ` y p VENDOR YVLNDOR , Surpy) R S"k., VENDOR ~ iVLNDOR [l Y l VENDOR VENDOR VENDOR VENDOR VENDOR I. 354 73 DSh10ptl1tt1141i1X)_.-,..-,__ W1 14.70 1190 54.58 Me Rid SC14 X.67 SUS $6.40 11613 NoW . _._LASER MNTER IONLR L 2 I.terjtt SP1MP/(3963A(OISISOU) 171k" 11711.54 NoW $71.00 972.00 561.12 mik" f711.80 14100 317.40 59100 1 10 Lutrjrt 4444.4+e 4M+ YHP912"A.(0151514) fl ft," 136.70 a 571.44 5809 r.15 31JQM $047 1101.00 SIL1_II 511/37 _$130.00 l 11 Lererjef 141441, 0,IMP/IV92S74A _ _ l (01!15006) U&71 76130 ' Woo Will 557.50 W.11 SK77 Us." 770.21 -_Sli SM.80 S. 17 LaerrJA UP, Ilf+, IIIP, LDP/ /NPf1777A _..$7900 $7575 6 $41" _ _56171 611.10 - 17117 _ S" 117110 SM-4 SIL% man 1 71 Lowrjel IL IID, 111, H10. LDPI Ill 9HPM"A jO1535410) _ _ 30.05 US." 0 (6210 Xs," I7010 SBU 56171 5011 S75M 117631 11110.00 1 10 LAW* Ill S1,4SL4S1 MX0ki 2f1A__~~ 111I14 51 We a Saw 11163.00$1007! 311516 _ $16354 fI1100 513010 5117,15 $121" 2 4 IBM 01911144521 (1113X171 flWl 515454 ' 57530 117100 No MA 111113 511111 71M011 131144 131135 me Lid - 1 1 IBM W71tA IUiIM 11]67101 1155.5$ 51fD.S0 W _ f117.w Ne W f147.w $17117 SISSOo 51" 5375.44 No W 1'Ylf JET PIUNM CARTRIDGES 11, _ 44 lDnkjn SM Wet F 11IUA 2247%50A._ 72445 12_100 No W 3133_1 Nr W $24471 _ 521.71 _ 5100 SU." 637.17 112100 f 11 70 ``Da" SM Tr4Ceier/IIPS 162SAj20319U~ $444 125.44 NeW SUM--p4W _ U4.49 6374 __$1/10 __U033 1597 __JUG$ Il _ 7S Dnk)t1644 44 e1.r►/HP91f19A(11637%X - us'" $34.00 No BN $17.44 TM 811 717.11 UL73 $7164 ,_5714411 63141 S30M 13, l1_ ~Dalgtl 600111161 Td-CP rIM160A "~WD_ 116.!3. -$21.10 No W_ _U100 1111 Ni--WX -1111,44 --ULI9 939 _SU" --ULM 14. J7 Do" 1100. DeIrJO 60C Pink 1'HH1644A (30519{51,.)__ - 113.2 511.9) Ne W 1122.71 No W _ 12031 _ 511.76 131.75 SUM 11117 S71N 15 2 _ _ Do" 4200 Lgen VVII64C~/7M61) 611 M on 26 Ne W _ 17625 _Ne BM 627.64 813.04 7{ 11 IMA4 126.44 $26.44 19 7 Be1k(el, (100 44$211^14 04411{1044 l?~T.1i19 /11116 141121 No W 62/71 No 164 -127.64 WAS 121611 Oily" 176.44 126.44 17 4 NekJ861200 Y0Bow 8iMH640Y 1t 17{16 62{•25 NeW 63511 NeW 54214 51344 14411 12t OU" _62{.00 11 10_, IPstm" XL300 Block 010514M _ 11TA6 111.44_ wim _ 140 _NOW _fIW2 618.4 11710 61177 sum {10.00 ~ 11 --ii- G ~PeilnlelXUOO 144$211^44 MP61621M $15116 62016 No Bk _1470 _NO W $1762 _$1712 120.00 21.62 !11 .30 _ 624.00 20 _ 10 1Peittlfe! 116300 Chen 011P61636C _ _ 175 0 620 is NoW 518.71 No W $17.62 $17.12 120.00 $21.63 $431 Win l 21. 4 11M811etJo1 {10CA60C --YM "!ism _ 630 0 62140 NORM 627 00 _ NO W 1D17 120 0 121.00 173.64 171 M _ 121.00 :7. 4 _ {0..1B^NSieoc,zeoc_w ft 1> y.aws1106w- --_o.w 0806 _6401116_ $2800 _►6oa1a_ trzr 17662---i"oo 137.141 8IZrw t:•ag 21 4 ~D*sIBnp10E0CWKYNow _ p1P6u00_Y. - .62064 62140 No 1144_ 1440, No[IA_ .._.112717 111411 ,121.00 122.11! 111." 129.00 21 4 ic,non euoAMe1 200 B R 0 Lu50031 2144 1 Jb Bid . _ $21.841 _ 121140 -42017 t4 u 172.00 12114 113141 I22J0 555E _ _ PRwm Room 76. 7,.. IIBIB 42:4 Nuwob 8144247 (61061401)_.__ .__11).62 111.16 NOW _-64.14 _Nos" His 18.71 .__Ii$16-61210 $1140 NoW • 21. 61 Okklatl MkfoMe 111112 Nukote OW W _ OEM 08110"01(1100401 _._1164 N.ao NO Bid 61.44 NoW Ws _--"12 _--K10 86,61 $4.44 NO Bid 27 10 Epson FX6'WMXIO NukaM reY167J0EM 01760 ! (6101""j_ _ u" 6000 No Bw $226 No Its 1LM 801 $3.10 13.71 62.0 -Nu BiA.. 21. - - - - - - - 14 Epson LQ2600 L LQ200 Nukob 0BM2W " U M OEM R76X 8106{617) _ _ _ . _ . _ - $7.26 No W 1211 No W $114 0A{ 17.75 1710 PAO NO 014 12 Epson iQ16408. 101064 Nuko416kr204! ^OEM 17764 (000426) 016 _6670 NO Bid 1210 NORM 6212 $214 , 14.60 _14.44 _ u -m _ No Bki . >0. 6 ,.entronke 361 063"262061 (1160664301- 111c IW 111.76 No 1W._ 1711,_ NOW 61.64 11!41 $71.10 in 111,64 No Bk FAe11RREelilwLlee - _ f 71. 20 ca 11}111^^61 ►oper 16x0 PMC 100051 JO1666001) 116 Z7 61700 11600 If 1{ 17840 _ .813.47 "ON .11111 641.10 {70.47 No Bid 37. 7 CIA 1Tlw mJI Pope, 1 Sx7$4 FMC OM22 j0011_f00S) 1144 81001 22016 114 07 112100 N{ U No lld $1740 Who 62! 111 _ ii; 116 13. 1 ca ~illennel PFpor 16x325 PMC HOMO (01766001) No Bid 16700 i 1o," $26.21 so 00 62911 NO BW 11[00 13001 well NO BM 14. 11 ItorNKcalmd11c4non9FX•r~a4364o11 No-Ba 110.814 NO ea. 111.00 nl00 _1621t NeW 111.00 $113A4 $1661- Noea.. 36. 10 fa,•r CvIAAlo 7leloa 17011R67Ss01171001) 0136 171.00 170,44 (i{.2T NO Bk- $16344 No 1k _ WAIF _ 8041 610.77 No OW 26. PLOTTER PAPER 21 A D►ei0nJo1160C HOApAt Baw 20031*x60yd No Bid 640 aw i No Ba 62011( NO Old $22 741 606" 9400 Jim son Was 37. 21 IF Deeilnfe11S0C Clay Best 35'xS07d 111116 111141 No 116 111 No !N } No Bid f No BN $u 76 wJ4 WAQ W211 $21_.00 $$1.711 $4. 10 A ~De81Bn)el SSOC 9peclol E She Qua ft Cooled I] f If _ 11 r I 136'x40'OV11631E 744.96; 11".74 1011{0 64 bdj NoBW _172.74; 13611 12$.001 {U.MJ 125.01, •A8. ew6 • i • Agenda No, _1s Agenda Item ORDINANCE NO. Date 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_I. That the ntunbered 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 1987 3 LONE STAR VOLVO GMC $124,508,00 SECTION-11. That by fie 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. i SECTIONIII. 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 he 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 contra:t 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 0.. . i r r f _ SECTION 1V, 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 hers in. ' SECTIONY. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1997. ! u J JACK MILLER, MAYOR ` a a F. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD i iZ k kCid ' ' 6`1 "t.'+.r r r 1. v n, t ..~....r.~.~MMwWw"r.xNrWnM.w\wIF.~JA r.~.: r.arT ...i....,.. . -r.-~....:..e...rY...a..i.r ~ v...~~...l~.rr.-.-rr.a..~.nr'. f..l~ DATE: FEBRUARY 4, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager i t SUBJECT: BID 1!1987 - REFUSE TRUCK (ITEM M 3) t RECOMAMNIDATI[O : We recommend this bid item Y 3 be awarded to the lowest bidder meeting ° specification, Lone Star Volvo GMC, (Bid B) In the amount of S 124,508.00 with delivery in 120.150 days. &UMMARY: This bid is for the purchase of a 40 cubic yard front loading refuse truck with on t board scale. The truck chassis is a Volvo Expeditor and the body is manufactured by Bridgeport Body. This unit will be assigned to the Commercial Solid Waste Division. The truck is a motor pool replacement for a 1986 truck no longer economical to rmuntain. The old unit will be sold at auction. PROGRAM& DF.PAR OR GROUPS AFFECTED- Commercial Solid Waste Division and Motor Pool Operations. ' FIS_CAI IMPACT; This truck wi11 be purchased from Motor Pool lease funds for replacement vehicles; account # 720-025-0582-9104 as approved during the budget process. Attachment: Tabulation Sheet Respectfully submitted: 5 Ted Benavides 4 City Manager f Approved: Name: Tom D. Shaw, C.P.M. r Title: Purchasing Agent a r 3 e"~' ,'..tq, .Y~ ~1~,'Y~P'SSPF~ 'e~,,E `~,.c FMt~`,a'Cer1 ,t. 4a,,,", •N , l a " F S~, n~E fv Fu F ~I ry~v or ~1 hi N Fdt<•~lyY i_"4.nw111 •'4MY/~j' t] 1.ti' r'a.•A,a..af,:~w;~n~,~4f°+~~~+.va':^~~xry'4n+,krair~'Y~.! rfi~l.~^ ~~°."•~b Xi tiK''". rJ"f^ta ,r,~ r VIII N I'IMT - IAMVF. IBM, LOW IAM N8INAMY, RkW'(MIKI'RIII'RM IIA11AM IIAI.IAM DALLAS STAR STAN STAR STAR IPKlVRdILT FE'1'ERSILT FEIY.REILT VOLVO VOLVO VOLVO VOLVO OPEN DAIS DECF.MtER I1,111i (A) (n (C) (A) (IN (A (D) FAGS 1 OF! y• 1. MS~.:. til_.r.~~'r~_F1:5'~''iJ~tir. tY µYtN001<- .YIpQM''~ n:'; ji [WI I. 1 REFUSE TRUCKI 23 CVWC YD RLIRLOADMG SIVAKM AMI !Sl S3N _ p~'_l1M j.. DAYS STATE DELIVERY TIME OF ARO col nxm UNm IA W136 In I. 1 REFUSE TRUCIG ROLL-OFF _ CONTAINERTRUCK - u Sy3ySSS - tS1l, l7AM _ DAYS ARO DELIVERY TLM& COMPLETE UNIT _ ~31 3 I REFUSE TRUCX N CU VD FRONT LOADDIO WITH SCALE SI SI IIAN 51MA1/M SIJ7 IAA $I m 1111 SI DAYS ARO 7DKLIVMY TIMfa COIQLSTE Um 1.0 Is In MIN twin [WIN 12-151 ADDENDUM 01 m VICS Vim YM M YM VM Y r' F2Y, ^t g ?1":'« rn . y",.: 'W ♦t r }.F.}. ~ i" ~ . ~:S.k, A 'NiT 0 i 1 a✓? 41n a I'" i r l C J f c Ti- ter{ f IAA: 5 tiP♦ y~.. }.+./t r + 1 v i 1: 1 s i 5 st Y 5.! Sl' l a w eT j^,4 M i)y ry U r4 `W3• • f s + r s i r' I4 f ^1 k C r~ U' N F Lv nta~'' y, k N••AY '~y. a~ h-7 J r,. a T r s!t e . "YcSSi'Si~{J jl ~.1.. 'u w'k~.~~`OJ _ ~ Mtn t 1'M1 1J1NY. MINK. WRflll DAIJAN DAIJ,AN MYIRO ME11t11 WitO 3 IUD NAMR 1101111tTRI1 s NIAR grAR w"rIN•11. MAC MAC FORD rm FORD j VOLVO VOLVO 1AUCIf . J OFFN DA1i 09MMFER 21,1911 IFI (F) W (n W (N m PAGE 3OF2 Ygrew t 1. ! Ra"t T1ttft 20 CUF1C YD _ RRAD LOAD140 - x! 11 . N1d11 N 2/1AlSM 511.1s1N1 _ _~sIM 72SM i DAYS FTATEDELWUVTIME OF _ ARO C01QIAIT;INAie 121 IFINF m1n, loin 1411" J i I REFUSE TIIUM ROLL4DVT CONTADIt" TRUCK "lAtSA - - - - DAVIS ARO DWVERYTWE COMFIaTEIINfr TWIN L 1 REFUEL T1tOCKe M CU VD FRONT LOADINGWFI1ISCALF 11 2la! flatmum DAYS AN DLUYLRVTVIW COMPLLTE INlff' TWIN IN•2N ""I@ ADDENDUM II YEF YEF Yp YL YEN M YEF h • a 1 f J ! Y ' .'s t/ 1. • R~i. ~.''Fe f41, ~'4~ 3 va.i ;:1 ~~R'r*.~i Z~•°~* fix' Y1~ yF'14:.a ?t49 4 s i • Agenda No. o Agenda item ORDINANCE NO. Data 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 NO. VENDOR AMOUNT 1990 ALL SOUTHWESTERN BELL MOBILE SYSTEM EXHIBIT"A" SEC11OX-N. That by the acceptance and approval of the abovb 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 materia:., 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 III. 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 stuns contained in the Bid Proposal and related docurnen.U herein approved and accepted. i i r 2 1 L I~t F 1 1 M :rl 1'P s FaYry q~y~ 1 yJ 17ry."YifiB, ~ _.a..=..~.__ _.t _..~v_... n. T. i.J.J.4r'. ~...v~a""x .~iY .~".._~.+=Y+ SECIlON_LY. 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 ' E SECIlOX Y. That this ordinance shall become effective immediately upon its passage and k approval. PASSED AND APPROVED this day of _ ,1997. l M.: i JACK MILLER, MAYOR] ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 {{PPy 41, BY: , SUPPLY.ORD Y ' y` r jF r A w M 1. 2 Y 1 1', t _ .wcc.-~. =a y " ` `~N'~ Md, Yi' 1 ~ .1 ~ V~ l ~E t r r u e I~J~!'~A~V''/`} ivr~ y`i~4 ~y~ J h , ry gi! ~1. 4i w t~' k i 1 Y; BID 5 _ 2990 BID NAME CELLULAR TELEPHONFAER1ICE Sams OPEN DATE JANUARY 7,1997 i N QTY DESC UMON - VENDOR L EA MOBILE UNIT CATEGORY 1 $0.00'. _ i DISCOUNT t % 100% 2. EA MOBILE UNIT CATEGORY IA- ' DIGITAL PHONE TDMA S".00; EXHIBIT "A" i DISCOUNT: % 75% 3. EA MOBILE UNIT CATEGORY 2 $0.00 DISCOUNT t % 100 1, 4. EA MOBILE UNFF CATEGORY 2A- DIGITAL PHONE, TDMA 50.00 DISCOUNT : % _ 100% S. EA PORTABLE HANDHELD CATEGORY 3 50.001 DISCOUNT: % 100% 6. EA PORTABLE HANDHELD CATEGORY 3A-DIGITAL PHONE,TDMA SOHO DISCOUNT : % ~T 150% 7. EA WINDOW MOUNT ANTENNA $31001 _ DISCOUNT : % 5. EA PORTABLE ANTENNA f35.00+fiS.001esmu - _DISCOUNT: % wtr~ow■ 1A MIN _PEAK AIRTIME RATE PER MIN S $017 16 1'R BILLABLE MINUTES X RATE PER MIN. 3,M MIN. X S_ - MO. TOTA L lMO. X 12.5 1 YR. $I L340.00 2A MIN OFF PEAK _AIRTIME RATE PER MIN. 50.02 ' 2B~YR BILLABLE MINUTES X RATE PER MIN. 1,550 MIN. X S- a MO.1'OTAL S AMO.X12-S IYR. $MAO 3_ PEAK HOURS 7:00 AM4:00 PM 4. OFF PEAK HOURS_ 6:01 PM-6:59 AMi MONTHLY SERVICE CHARGE PER PHONE 'y 525.001 4. SWITCHING FEFA.AND LINE ACCESS FEE s too _7.- CHARGE FOR 911 ! SOA01 _CI[ARGES FOR BVSS' _ $0.00 -9. INSTALLATIONOFMOSILEPHONE eewS0.00 _ n f49.00 INFORMATION FEZ As enaoeel .00 bee+ ROAMING ADMINSITRATION FEE 4 $5.001 12. Y ! ACTIVATION FEE $0.00 13. j FLAT RATE MFG. REPAIR COST $124.00 I f 14NUMBERCHANGEFEE 50.001 SVC. DISCONNECTITERMINATION FEE _ IIIMme. *A I yrr'' ti DETAILED BILWNGCHARGE S31OOlau di X17. __--_+AlONTHLY3ERVICECHARG6 PER PHONE f1t.00i 15. INTERCONNECT CHARGE $0.01 19. - CALF RESTRICnON R.00 20. CALL FORWARDING $1.00 CALL WAITING 30.00 _22 3-WAYCALLING $1.001 i - 23. FEATURE PACKAGE 9S.9S1 e OTHERCHARGES eeu , II 1 3 c i . DATE: FEBRUARY 4, 1997 CITY-COIINICIIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID # 1990 - CELLULAR TELEPHONES / SERVICE REC_OMMENDAIII, Council approve award of Bid #1990 Cellular Telephones/Service to the evaluated low bidder, Southwestern Bell Mobile Systems, for an annual estimated expenditure of $22,000. SUMMARY: Bids were received for cellular phones and service for Approximately 30 city users. Staff recommends that the City stay with the current contractor, South.. w, zn Bell Mobile Systems. The bid is for service through September 30, 1997 with two one-year renewal options. At the present time AT&T is not able to provide the digital transportable phones used by the City because their inventory has been returned to the manufacturer due to equipment problems. PRO-GRAMS. DEPARTMENTS OR„ORO►P_ S.AMCTED: All city departments using cellular phones. FISC to IMPACT; Payments will be made from budgeted service funds (i.e. $502 Special Services or 8500 Telephone Services, etc.) Attachments: Tabulation Sheet Respectfully submitted: Ted Benavides City Manager Prepared by: Name: M sate Harden Title: Buyer Approved: J r • h ' Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent r 821. age . N'. ^,~:~s R v} 1~' v 1ti ti '1 5 lT ~e ysr ,ti~ ! 1rn! . y}'. A~: a ^6. 7~. a 7 ~ ` W'f ~ ~f7~ r„T~ .tiu,{• !ia cti .,,a} BID 1 1990 BIDNAME CELLULAR TELEPHONEISERVICE SBMS AT&T OPEN DATE JANUARY 7, 1991 _F DESCRIPTION VENDOR VENDOR I. EA MOBILE UNITCATEGORY 1 $0,001 $0.00 DISCOUNT: % 100% wtebws 5169.00; 1 EA MOBILE UNIT CATEGORY IA. DIGITAL PHONE TDMA 599.00 , 5269.00 wlocth own ' DISCOUNT: % _ _-7$'G_ t 20% 3. EA MOBILE UNIT CATEGORY2 -50.001 50.00 DISCOUNT: % 100% sot ebws 4. EA MOBILE UNIT CATEGORY 2A• Na lavatory eraBabM dot DIGITAL PHONE, TDMA SO.00' is egstpstat proWe®e DISCOUNT: % 100% S. EA PORTABLE HANDHELD % CATEGORY _ 3 _ 100% 50.00 $0.00 slows 6. EA PORTABLE HANDHELD CATEGORY 4 S3511.00 3A-DIGITAL PHONE,TDMA 30100 $49.00 "/attlrados DISCOUNT i % 100% _ 20% 1 T.. EA WINDOW MOUNT ANTENNA Sm.00 S35.00 DISCOUNT: % 0% 20% i - S. EA PORTABLEANTENNA MOO +S 15.00 Install S4S.00 _ _____DISCOUNTi % Notrbws 20% _ _1AM1N PEAK AIRTIME RATE PER MIN3 SO.37 50.25 - IB VR BILLABLE MINUTES X RATE PER MIN. - 3400 MIN. X f_" MO. TOTAL f RHO.X12-S_IVR S11,340.00i 510,500.00 MIN OFT PEAK AIRTIME RATE PER MIN. 50,0250.07 slier 700 aL. `-A-- 2B YR BILLABLE MINUTESX RATE PER MIN. IJ50MIN.XS MO. TOTAL S AN0. X t3 • S I YR. 11444.00 5276.00 -3. PEAK HOURS 7:00 AM41:00 PM 7:00 AM-1:00 PM_ OFF PEAK HOURS 9:01 PM4:99 AM 0:0I PMA19 AM S. MONTHLYSERV'ICECHARGE PER PHONE $28.001__ 525.65+tee"otter"feta SNITCHING FEFAANDLINE ACCLFS FEE _ 50.001 $9.00 T. CHARGE FOR 911 50.001 50.27 1 CHARGES FOR BUSY $1.001 $0.00 9 INSTALLATION OF MOBILE PHONE sew $000 $0.00 IW~TIONFEE AS ROAMIN,ADMNSTRA710N FEE .60 WO! [Wei - 5Sp000_ AC IVATIONFEE $0,00 ' $0.00 13. FIAT RATE MFG. RE PA IR 5124 i $05.00 No 1. NUMBER CHA3VGE~C05 ".00 1 SI33 Soho I - - DISCONNECTMERMINATION FEE S_IS/ra wA 1 Yr. sat ebws 16 DETAILED BILLING CHARGE $3.0014ween 51.00 ti F77 _MONT_HL1'SERVICECHARGEPERPHONE $21.00 WAS+ 1$ _ —INTERCONNECT CHARGE $0.021 $0.00_ 19. CALL RESTRICTION__ $0.001 ----$0.00. y I 20 CALL FORWARDING _ 53_00 57A0 21 CALL WAITING MAN 1 _-$0,011 2] 3-WAY CALLING $3401 $3,001 FEATURE PACKAGE SS." I------- SS" - OTHER CHARGES so" nl MUSw $V Ww mawk 4"W arias VaW Teed afrias 1 Yelp "A KOVOO ' Cam CaeMe atllws DIIJt CITY ~UMrf Ie L/1 w...-......_..-..r,r - l awl mvzwkm~~ • • Agends No, Agenda Item ORDINANCE NO. Date _ AN ORDINANCE ACCEPTING COMPE'i ITIVE 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 a,)propriation 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: SECTIONA. That the numbered items in the following numbered bids for materials, equipmenS 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 rIQ VENDOR AMOUNT 1493 ALL DARR EQUIPMENT $135,920.00 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-1I11. 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 i contract is in accordance with the terms, conditions, specifications, standards, quantities and O specified sums contained in the Bid Proposal and related documents herein approved and accepted. 1 1 A' i l 4; i V, 1 r sir J 1 r i 1 J 1 R ` ` J! / , ~VA 1 rr ,4 I T J ` ~N ' r r v r . 1. s. . F n r o r i._r~., .I r• Y ~ t!a ~o T.+:r r . . ~ ~y +ri•SmIYALLiYYOMIW ~+'MAW.af~LMY6ir~Y~lrlwwJ::.`...-+..1.~.... r_ ~.L`L.'..'1.~ 3.Si•~rJ: SDCTK M That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of fiords therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. vF ON That this ordinance shall become effective immediately upon its passage and approval. 1',r• PASSED AND APPROVED this day of 1997. ' JACK MILLER, MAYOR 4s M; ATTEST: Al' JENNIFER WALTERS, CITY SECRETARY y r. BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ y. SUPPLY.ORD E ' ~f . t 1, {r 11 ~r r x ; J yll ' r C , I) n ~h 5' L sY= , 2 " A W lam f 'I . ..W.r.........,.,.~...a~ua:~vJYVW.efJtwuf.etuia«wawr..a..,..~+..r..l.....-~......~:r.l.~:....••~...;.: ~1...`.~-d+.. DATE: FEBRUARY 4, 1997 CITY-MUNCII.RUORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID 01993 - TRACK LOADER 2.4 CU. YD. RECOMMEtYDAIMN: We recommend this bid be awarded to the single bidder, Darr Equipment, in the amount of $135,820.00 with delivery in 130 days. SUMMARY: This bid is for the purchase of a 2.4 cubic yard Track Loader to be assigned to the Drainage Division. The single quote was somewhat expected. The particular unit described in the specifications calls for a wide track for stability and rear-mounted engine to keep trash, mud and water away from the engine components. The unit will be used by the Drainage Division in lowlands and drainage channels clePling trash and brush, as well as loading and rerroving mud and silt. By requesting a roar-engine machine, we feel the life expectancy will be increased and maintenance decreased. The Caterpillar 953C track loader is the only machine that meets the specification for capacity, weight class, stability, and rear-engine design. Darr Equipment is the only authorized dealer in the Denton Dallas/ Ft. Worth area. PROGRAM& BAR FA1Tg OR r.R Ia AF7x_'T' Ih Drainage Division and Motor Pool Operations. MCALIMPACTt This equipment will be purchased from Motor Pool lease funds as approved during the budget process; account 0 720-025-0584.9104 Attachment: Tabi elation Sheet Respectfully submitted: r • y Ted Benavides City Manager Approved: z Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent B24.AOMMA - J 3 y kt~ l~r" yY 1.f t { '4 r ~ ; o , u ~.r t;~m tf„ ,~,y' SC'V ~r ~w # ~ i;r~ '7 ~ai Y~ ~..~"~Y } ~.~'Lr jfii`t'` ~ 7. e i R y ldld,l .l l A Y Y2 OS BID N 1993 , BED NAME TRACK LOADER 2.4 YD DARR EQPT CO OPEN DATE JANUARY 7, M M bE3CRIPTION VENDOR VENDOR VENDOR 1. j 2.1 YARD TRACK LOADER $139,820.001 I1 DAYS 130 I ` NO BEDS; TKO EQPT Ya AIS CONTINENTAL , FUTURE EQPT f ry HOWARD MACANEAR EQPT .r 1i . S. CONLEY LOT? NICHOLS , i r !I 5 + , 1 t ly P c _ 41 r ' r A, t h• p; ,A . u ~l r ar!P 7 44 • s-. r- Agenda No. 9 / Agenda Item _ Date ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOX 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 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 1991 D & L CONSTRUCTION SERVICES S 15,660.00 SEC71ON-H. 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-111. That the City Manager is hereby authorized to c xecute all necessary written contracts for the performance of the construction of the public wo,$s 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 e` i SECTION-1Y. 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 fiords in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTIDNY. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ • BY: ^ ` '1 J r K J! ! . f r 2 f _ u.r.ve: yr a i. .yea W r,'•K1i n'fZ,i i"` .r ~H ~ "'S Y ~S-~ i ~ f ~ 1? R ai. ~ l~l] 4T r4'y~f~ \I if e~.t3N nom} i". < ~ X ,l'4 ~~.s2 ~ ~7 ~^p ti y4F • . i........ .._..~.:.rrca~^.wwaBelAwrvuraa~wrnyw~iwisrrvws+v:..~~~w'.~'ru..i~].~~....ir.~Y.....-~~d. .~w~lw~.uf~• 1~...a'a.W. DATE: FEBRUARY 4, 1997 CITY CO MEL SPORT TO: Mayor and Members of the City Council FROM: Ted Beravides, City Manager SUBJECT: BID # I99I - DEMOLITION AND CLEARING 026 RFCOMMF.NDATION: We recommend tlis bid be awarded to the lowest total bidder, Darrell Lawson dba D&L Construction Services, in the amount of $15,660.00. r ' SUMMARY. This bid is for the demolition of six (6) structures and clearing of the lots and preparation for mowing and property drainage. Each of these structures has been determined to be uninhabitable, uneconomical to repair as well as 1 a safety or health risk. t" The structures are located at 531 Wainwright, 622 E. Prairie, 1006 E. Prairie, 1009 E. Prairie, 1023 E. Prairie and 529 Ave S. PROGRAMS,-DEPARTMENTS OR GROUPS AFFFt rM, Community Development Block ; Grant (CDBG), Residents near each demolition site. FISCAI-]DEPACT: This project is funded from CDBG funds; account 0219-0SA-CDA7-9502. Attachment: Tabulation Sheet i° . Respectfully submitted: c Ted Benevides , t City Manager t Approved: . • Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent e23.easrroa 1 { 3 l i L £r ,~,y.yhr• y Y i • > e i l J. Y1 It Nlll N ITN IIIDNAME DEMO LITION64UARING N26 BII.I.V CALVERT IE1.(,oM SOlrl'IIERN WAI.TERC. LAWSON RECI'CLED REDMON PAVING OE TEXAS STAR BARAETTINC CONST. AGGREGATES OPEN DATE JANUARY 7, 1947 CORP. INC. .,..--._._._DESCitIPT10N YLWDOR VENDOR VENDOR-r -VENDOR- -YFNDOR VENDOR VENDOR ; 1. 1EA 571 WAINWRIGHTSTREET - NB - -55,100_00 _ Si~W." ----SIOi7U10 _36475.00 53,20.06 NO BID i 2 1-EA - - 652 E PRAIRIE STREET - t •Dp , s?JOY 00 ---UA62.16 - 52,195.00 SI .00 50A NO BID 3. -1 EA 1006 E. PRAIRIE STREET SIAN." S2,lNAO 52,762.00 S2 2.10 _ 124A0 S2 NO BID 4: I EA 1008 E. PRAHUE SMET__- 51,800.00 32,901A0 52 767AC S2,110A0 S2i1S1A1 s2 f51 N NO SID 1 EA 1023E PRAIRIE STREET S1 IOOAI S2,9N.00 S1iTA0 21 A0 51~01A0 S2 M NO WD f. I FA 529 AVENUE S 53A00A0 57 /0101 , _ I2.M - -SS1531A0 S4,200.N $2AI0A0 - NO BID _ - COMPLETION 30 DAIS 30 DAYS 30 DAYS 11 DAYS TOTAL $19,110.60 $2,701.00 321,113Af 517,945.10 5i5,660.00 i a 1 i s e "r t y~ e I 4 - . .,.r. .a..~a.'YLMA`wNW6~YiYqYY r.w_+.•.:w.r....... . . ` ! J ,.f . . tpenda No. 7~ r Agenda Item Date ORDINANCE NO. ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUCHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT AY THE CITY FOR FEES TO FIRST SOUTHWEST COMPANY; AND PROVIDI s AN EFFECTIVE DATE. WHEREAS, in order to comply with contractual agreements with First Southwest Company, the City of Denton Is required to pay Arbitrage Fees; and i WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT N-L That the expenditure of funds In the amount of $27,%0.00 to be paid to First Southwest Company, Is hereby authorized. SF.CTTOMII. That this ordinance shall become effective immediately upon Its passage and approval i PASSED AND APPROVED this the _ day of 1497. JACK MILLER, MAYOR ATTEST: r . JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORM: n HERBERT L. PROUTY, CITY ATTORNEY , ~ BY:_ ~ y rss.oxe ` , I , 1 r t3 vi a4 t . 7 r ' 4 ».I tr: t i li 4 LiZ r ) 1 4, 4k . .i........ .......n.~M....... r.. L aSriMIMM Ww, - ..a~~.-..+...u..1.i'~1.. .~._`6.? r'^w a.~....:-3:L!i.`.~iGt.~1+~ DATE: FEBRUARY 4, 1997 CITY VOUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: CHECK REQUEST TO FIRST SOUTHWEST COMPANY y RF : We recommend this check requisition to First Southwest Company in the amount of $27,960.00 be approved. SUZY: This check requisition is to pay for fees associated with arbitrage calculations for { bond issues as listed on the attached Invoice #81756. The payment of annual fees is in compliance k with contractual agreements between the City of Denton and First Southwest Company. The actual i amount requires Council approval after receipt of a billing analysis and invoice. PROGRAMS. DFPARTML -TS OR GROUPS AFFECTED Finance Administration, Treasurer Operations and Bond Sales. FISCAL. IWACTs The funds for payment of this request will come from multiple accounts as ; . listed on the attached Bill Analysis. Attachments: Check Requisition Invoice N 111756 71 Account Billing Analysis Respectfully submitted: ~ l Ted Benavides City Manager r Prepared by: Name: Denise Harpoo Title: Senior Buyer ? • Approved: • • . t Name: -Tom-D. Shaw, C.P.M. ' Title: Purchasing Agent 2 ,i t, ip4 4 i1 ~,ni., 2 . ,Y r+.',i, t, Za'.'.. 1 ro,T.r J7.e~'Ny Ate LtRrXt4~ C44 vxx er• , . ~......nvar_xr....v,ivaW:ibYY4~11.MNIMN4R4Y~~`~w.r+. w.~1.rr .+ili.~u.LJ~' •t• CEMCR &BQ=SITION-VOIICMM' PAY TO: Check Number FIRST SOUTHWEST COMPANY 127960.00 Amount 1700 PACIFIC AVENUE Finance SUITE 600 Department DALLAS. TX 76201 01/13/97 s Data c WGIC! OAT!, NUMMM ANOM MUNATION ACCT. NO. NET W. ANR. 4 COMPUTATIONAL FEE INCURRED IN SEE ATTACHED 127,960.00 CONNECTION WITH THE ARBITRAGE PREPARED FOR BOND ISSUES { ACCOUNTING: PLEASE WRITE CK. NUMBER ON WHITE COPY AND RETURN TO FINANCE TOTAL 427,960.00 The above has been reviewed and recommendation for payment Is made by the undersigned. o II e ~ Accounting Approval re ~ -City Manager Approval Director of Finance ti^ 4 • I • INVOICE R* Southwest Company Arbitrage Rebate Compliance Services City of Denton MumC1 Building 215 B. McKinney Denton, Tx 76201 Attn: Mr. Harlan Jefferson Invoke Date: Deoember 20, 1996 Invoke Number: 81736 Computational fee incurred in connection with the arbitrage calculations prepared for the attached detailed bond issue(s): Total Amount Due: $27,960 • Please remit jonarlt to: i Heat Southwest COmpawy 1700 Paclik Avenue, Suite $00 Dallas, Texas 75201 • • Attenlon: Terence P. Burke I 4 A r , t' r ~ 4 { r 1 t r ~y 'k l~ yy>> y Y _ -,i . i ' E, 't '1 6#.~ 'p t4l~~l iiJ~ N f ~.1j~{Yh<yr~,~, .a..e+~w~aMaMt.bWlY~wrrw.u~.~1.1..~Y._._.i....•~w.r..a:....~.~~..`.a}...~,+w+r-y ..1. December 20, 1901 City of Denton ~t r Analysis of alit for "ttrye caleutulor" 11 OW ed b/ first Southwest Duet Nrryssant, Inc. , Inrofa Mmbert 017% 7 Period Mo.of knot Cwrront Pa Acount loom Oeacriptton Free to tears Foe Foe Motes zsu'lo,ow 0,000 utility tyst Mown" Sands 6110/96 9/70/96 .20 2,000 No Series 19%;5jDjj. 51-v6o2 1ST utility Systsn Sewn" 0efutfing Sands. 6/10/96 9/30/96 .28 1,900 m ` - Series 19M W,511.00-01 00 +2,S1S,000 kwal ObliyatlonMande, 6/10/% 9/30/96 .20 2,000 wo y Series 1996 ySS-OVO-A R6L-L{00(.-S5^17 190,000 Certificates of Obligation, 6/141% 9130196 .23 2,000 310 Sarin t99d rl5tl tYW ARbI Ck~hd~19• t . i yb'hoW COOP. its 4 I • 6b4. ~'r J rotalr 27,960 k r t r l )r < r . 5d. Yr r 4 ~~4t t~ F r Y~St! r. ~ l I l~ t t, p t 5 y ~ 11 IT 211 f+4~rY-1i P',r"+ rw'', Yr`` A4~, ',f •,4-~.+'~#St; 41+1 1! g, <i r r. ' } Agenda No. Agenda Itam.&_ Date~~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE FEES AND PARTICIPATION 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 pay Administrative and Participation fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such administrative and participation fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTlON1 That the expenditure of funds in the amount of $16,447.78 to be paid to Upper Trinity Regional Water District (UTRWD), Is hereby authorized. SEMONIL Thot this ordinance shall become effective Immediately upon its passage and approval i PASSED AND APPROVED this the day of ,1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ! ' J APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J BY: sse.oaa F 1 1 • -t> i a • w i . a ° f:1F S ~r `?r , w4 y ti c . • rc,n r _ " 3 ....1...-.n.n.a+.r:......-..:..-...-~_.f1. 1_ _5'~.._..._:.:, a. ..«'.-,:~.2.. 1..1:`L+F~i~u ~.'~n DATE: FEBRUARY 4, 1997 CITY_COUMCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: CHECK REQUEST TO UPPER TRINITY REGIONAL WATER DISTRICT RECD MMENDATILON: We recommend that this check requisition to Upper Trinity Regional Water District in the amount of $16,447.79 be approved. t SUMMARY: This check requisition is for payment of debt service for reimbursement cost for design and construction of the Joint Treated Water Pipeline. This is a semi-annual payment- PROGRAMS nFPARTM NTS OR GRO rPS FFECTED, Denton Municipal Utilities and Upper Trinity Regional Water District. } F S( AL PACT; Funds to pay Upper Trinity Water District will come from the utility account # 661.081-RB88-11609.9138. Attachments: Check Requisition Invoice # 2CBRI 19701 Respectfully submitted: Ted Benavides City Manager Prepared by: oc. s Name: Denise 14arpoU a Title: Senior Buyer 1 Approved: c Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent a 26. AGENDA i 2 S. y]*y"; r~1~$r+yK T~Y 4i. ~~~~~rw F cy{s `~Ci.. 11A. CHECK REQUISMON-VOUCHER PAY TOs r ~ xrnOR:i Upper Trinity Regional Wtr, Dist. $16,447.78 A110DIPl' 396 W, Main Water Distribution P.O. Drawer 305 D"AR'tNW 01/09/97 Lewisville. TX 75067 DATE f INVOICS, NWORR AND/OR zom" AS_*ON WT A=. X0. T INV. ANS. Invoice No, 1CSR129701 661-081-RB88-8609-9138 $16,444.78 Debt Service Billing Statement for reimbursement of costs for design and construction of the Joint Treated Water Pipeline D CM G' rrl • TOTAL $16j444.78 ,f THE ABOVE HAS BEEN REVIEWED AND REC019U=%TIP1 POR BILLING I MADE BY TAR l SIG ACCOUNTING APPROVAL fIJRB CITY MANAGER APPROVAL DIRECTOR OF FINANCE APPROVAL " r- 3 L rM M ' _..,r:-_- r~•. t a` s Y~ w y } Y J R {Sr '.er.~t YMiwMd+i+6wa W1~~ G1 ' y 4' Y w~ ~.~l~u ~i:~JY ~ u+x~lY~~.•LS..A47 _ Invoice 396W. Malt St r,*,:* PA DrrAw 396 • Low i*. TX SCI' REGIONAL WATER DISTRICT r' (21<)219-t228 Fax: 1214) 2214cjA r City of Denton e«,ra.r...I eMn, 80rrewe Ia R~irb,...,,.,I d cra.r a o..qn ona ca.aA6., a f J*d Tm" wM. PiPMir s 8UMMOM ow: 0110"7 kWOke No: 2CBR1 i9"I i + Jobd TrMwi 1Mdw Mpm*w M i llr '1' ° DON 6onloa ' ForfMPorbrl 11"m 1o pA1AT JINM~7t ' Md twftftd 4?H1C~x j!",.''`.},sS,':~I.i1" :1 3,0 ei-%:~4~;:~;`. •f T*W Amewd DwCwmd rI iNA147f TOW Arrqurt ftd Dw M M rrod! Amount Ttft eu, >C- n• 1 4 III mile pp • A s. Aproda No. Apenda Item Date February 4, 1997 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ted Benavides, City Manager SUBJECT: CONSIDER INTERLOCAL COOPERATIVE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ARGYLE, TEXAS AND DENTON, TEXAS RELATING TO COMMON WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY RECOMMENDATION: Utilities staff recommends consideration of approval of an ordinance authorizing the City Manager to executive an interlocal cooperative memorandum of agreement between the City of Argyle, Texas and City of Denton, Texas relating to common wastewater Certificate of Convenience and Necessity areas, providing for dual wastewater certification for two overlay areas, and providing an effective date ! SUMMARY: f` In 1976 Denton filed for and received a Certificate of Convenience and Necessity (CCN) to be the provider of water and sewer within the then Denton City limits andJor the extraterritorial jurisdiction (ETJ). Several years ago Denton and Argyle slightly adjusted the city limits between the respective cities along Gibbons Road and Hickory Hill Road. These adjustments left Denton with a CCN inside Argyle's city limits in these two slivers of property. Argyle has filed an application for a CCN to be the provider of wastewater service in their city. In order to complete Argyle's CCN order at the Texas Natural Resource Conservation Commission (INRCC), the TNRCC needs to be assured that there are no conflicts with other utilities. Since Denton's policy is not to provide retail service in another adjoining city unless invited to do so with all parties agreeing to such service, the staff recommend., . that this interlocal agreement in support of Argyle's CCN application be approved. As we understand, these two small areas would then, upon TNRCC's approval of Argyle's application, be dual certified to Denton and Argyle. f f i E 1 Respectfully submitted, t ~ Ted Benavides, City Manager s Prepared by: , f R. E. Nelson, Executive Director Utilities Attachments: i Draft Ordinance Draft Memorandum of Agreement with Map `r F' 5 ~ 1 r ARGYLE CCN Z , Ar J. \NPDXS \0RD\ARGYLEW1(. MD ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ARGYLE, TEXAS AND CITY OF DENTON, TEXAS RELATING TO COMMON WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY AREAS, PROVIDING FOR DUAL WASTEWATER CERTIFICATION FOR TWO OVERLAY AREAS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an interlocal cooperative Memorandum of Agreement Between the City of Argyle, Texas and City of Denton, Texas Relating to Common Wastewater Certificate of Convenience and Necessity Areas, providing for dual wastewater certification for two overlay areas, a copy of which Agreement is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. DROUTY, CITY ATTORNEY l> ~ r i 3 r' yy yh x _ ~A i :;A a ~r {uv ~ r _ 0 °B2'?'~ a f Y rv. z ~ ~ 11J aA;, ~..n ~'ti~~r'15(. ~r v .J N 1 L.~ • MEMORANDUM OR AGREEMW ?~qn BETWEEN ~1[I~ ~ Rr @ QISU I1 L' b CITY OF ARGYLE, S AND CITY OF DENTON, TEXAS RELATING TO COMMON WASTEWATER CCN AREAS WHEREAS, The City of Argyie (Argyle), Texas, is a general law city incorporated under the Texas Loal Government Code; and WHEREAS, The City of Denton (Denton), is a home rule city having a contiguous boundary with Argyle in the vicinity of Gibbons Road and Hickory 1511 Road; and WHEREAS, Argyle has made application (Application No. 31427-C) to the Texas Natural Resource Conservation Commission (PNRCC) to obtain a Wastewater Certificate of Convenience and Necessity (CCN); and WHERE AS, Argyles TNRCC Wastewater CCN application is inclusive of i,.s corporate city limits and extraterritorial jurisdiction; and WHEREAS, Denton currently holds a Wastewater CCN (Certificate No, 20072) from the TNRCC; and WHEREAS, TNRCC records show that Denton's wastewater certificated area encroaches within Argyle's corporate limits in two (2) small areas located near Gibbons Road and Hickory dill Road; and WHEREAS, These minor encroachments result in an overlap with Argyle's requested wastewaeer , certificated area set forth under TNRCC Application No. 31427-C; and WHEREAS, Argyle does not object to Denton holding a wastewater certificate for the two (2) small overlap areas; and WHEREAS, Denton does not object to Argyle becoming certified by the TNRCC to provide wastewater service in the two (2) small overlap areas, as they exist within Argyle's corporate limits; and s WHEREAS, TNRCC rules and regulations provides for dual wastewater certification of a defined geographic area between two wastewater purveyors; and • WHEREAS, Denton does not desire to provide retail wastewater service within Argyle's L • O corporate limits: - 1 . _....t. M • .fir' _ t , t,. :f 1 1. i P MINIM", NOW, THYREFORE IT BE AGREED BETWEEN THE CITY OF ARGYLE AND THE CTIY OF DENTON THAT: Paragraph 1. Overlap Meat The overlap areas are inclusive of the two small parcels of land that generally exists east of Chbbons Road and south of FLckory Nil! Road. These parcels, specific44 shown on the map contained in Attachment 1, are located within Argyle's corporate limits and within Dentods Wastewater Certificated Area as licensed by the TNRCC under CCN No. 20072, x Paragraph 2. Joint Agreement s' By execution of this Memorandum of Agreement, Denton and Argyle agree to dual wastewater certification witlrn the two overlap areas, if such dual certification is granted by the TNRCC. If the TNRCC does not grant dual wastewater certification within the two overlay araa, the subject i parcels shall remain ally certified to Denton for wastewater service. i Paragraph 3. Future Actions s If the TNRCC grants dual wastewater cwAcation to Argyle and Denton for the subject areas ' described in Paragraph 1 above, Argyle and Denton "to work cooperatively in future wastewater CCN applications submitted to the TNRCC by either party to decertify Denton': CCN from the subjed areas that reaide in Argyle's corporate limits. Paragraph d. Execution City of Denton City of Argyle ti Attest Attest h ff• Date Date r • 2 _ ..•+v+cx----- .,tr. ~J ~ 1' f YA~ A fY~j,l ~3 ! ~~Y~*. r•P Y < wY Y k . , 'p \ r V . , , ~ ~ ua.~w~.+.L~~~ w.r.. • 1 .S~ ~ ~ 1 `.(d f \ l '.r ~ + l M ~ 1 Approved As To Legal Form: Herbert L. Preuty, City Attorney By: 40 ,r f \ Page 3 6 4 2449 2181 t' -.1`t r t t / 3,n 20072 t j PILO. KNOB I 3,e' / / _ HLAKE , • . , • • • , • • • • • ,I • , T \ I I ~r CifY , cr•~~ ,es 6! • 20072 -------=j ARGYLE POP 443,. A r 407 L I r 'CORRAL I~CITY J- -POP 12'0 L~~ - - - ; ~ 407 1 \ I DOUBLE OAK POP 2001E ST) 4S 3,71 I I ! BARTONVILLE'} 0 1 171 ; }POA200IESt; J vA1~Er"'~~' 03, 1171 ; i w .i.f i•,.,J. .r Fll~,*. ~r ^~•i 3r M1 y 4S AVI S•~+~f\ty ' y: ."ti:'~le, - .y.., v t ~b19 .rr• r .'1'J 1Y~.~ ryr It r'qa Jq'nI ~l I log • • Anindi Ne.~- 00 Agands Itim- /Zt1 Date February 04, 1997 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBER OF rHE CITY COUNIL FROM: Ted Benavides, City Manager SUBJECT: CONSIDER APPROVAL OF THE FOLLOWING ADDENDUMS TO EXISTING CONTRACTS BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD): 1. Addendum to the Existing Water Treatment and Transmission Contract for Treated Water Service by Denton to the City of Sanger and by the District to Corinth and Lake Cities Municipal Utility Authority (LCMA). 2. Addendum to the Joint Ownership and Operations Contract Regarding Participation in the Sanger Transmission Line RECOMMENDATION: The City Council had the opporturdty to review the contract addendums at their worksession January 28, 1997, Attached is an Ordinance and Contracts for signature. The Public Utilities Board recommends approval of the two interrelated Addendums required to provide wholesale water service to UTRWD for resale to the City of Sanger. SUMMARY: The City of Denton and the District entered into the 1992 Contract for Water Treatment and . Transmission Service for the purpose of providing treated water to the District and transmission -:rvices of the District's treated water to the City of Sanger. The original concept was to "wheel" or transport the District's water through the Denton system to the City of Sanger. In the interest of water quality and system integrity, the original concept of transporting the District's water through the Denton system is b<'-Ig modified. The proposed Addendums work in conjunction to provide direct delivery of the oistrict's treated water to Corinth and LCMUA i - and provide for the delivery of Denton's treated water to the City of Sanger. • I a 14 • Page 2 UTRWD Contract Major issues addressed in the Addendum (See Exhibit 1) to the existing Water Treatment and Transmission Contract (July 21, 1492) are as foL .!~vs: E Maintains water quality integrity of the Denton water system by maintaining system separation. 2. Provides District treated water service directly to Corinth and LCMUA. 3. Transfers Denton's tram mission facilities required to serve Corinth and LCMUA to the District in exchange for equivalent capacity in the Lillian Miller pipeline. 4. Establishes the inis;.i water volume to Sanger at 0.5 MGD with the maximum volume limited to 1...5 MGD based on Denton's ability to serve. 5. Identifies a commitment by the District to provide revenues to Denton equal to the treated water sales revenues that would have been realized by Denton in the existing contract. 6. Establishes an emergency connection between Denton and the District systems. Major issues addressed in the Addendum (See Exhibit 111) to the existing Joint Ownership and Operations Contract (May 6, 1993) are as follows: 1. Establishes Denton's participation in the Sanger Transmission Line and share of the Regional Treated Water Project. l { 2. Identifies the capacity and proportionate cost of the Sanger Transmission Line for each , entity 3. Reaffirms the agreement to sell treated water to the District for delivery and resale to Sanger on a wholesale basis. 4. Establishes provisions for early payment of capital costs in the Sanger Transmission Line and the Lillian Miller pipeline. ,r 5. Establishes the reciprocal use of easements and right of ways 6. Mentifies the point of delivery to Sanger on the north and east side of Milam Road and . 135. _ 0 O 7. Denhm is responsible for acquiring the necessary easements and right of way from the r point of connection to the point of delivery. k • • Page 3 U7RWD Contract PROGRAMIDEPARTMENT OR CROUPS AFFECTED: Citizens of Denton, City of Denton, Water Department, Upper Trinity Regional Water District, City of Sanger FISCAL IMPACT: Based on the financial analysis (See Exhibit V) of capital cost, Option A provides the lowest w p:esent value at 5797,245,55. The Public Utilities Board recommends Option A as the best financing alternative for participation in the Sanger pipeline. Respectfully submitted, Ted Benavides, City Manager Prepared by n I R,E. elson, Executive Director Utilities Exhibit 1: Addendum To Water Treatment and Transmission Contract Exhibit 11: Existing Water Tri-klment and Transmission Contract • Exhibit 111: Addendum to Joint Ownership and Operations Contract Exhibit IV: Existing Joint Cn+ncrship and Operations Con Exact Exhibit V: Pipeline Capital Financing Options Exhibit VI: Calculation of Revenue kequirements Exhibit VII: Calculation of Asset Value and Capacity Transfer ~J 3 rrr'..~ ~ r, ' r`•- -.MS`s :S,'r t~r+~~~ G!. J ILI 1. • • ADDENDUM ( TO CONTRACT BETWEEN 00 CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERMES THE STATE OF TEXAS ; 3 COUNTY OF DENTON ; This Addendian (0*'Addw duW) b an wosurg canhaot My%d as CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1902, (IM 'CwAlcr) by and btwaen UPPER TRINITY REGIONAL WATER DISTRICT, (tM 'DIWW) a =mm gm and mel melon Is- lot onx0I P"J" to Adlde XVI. Udion 59 of the Ca wfti ion of the 8tab of Tess, and tM CITY OF DE NITON ('OealaO'), a mu **W o - I m lion, is made and approved as of day d _ . 1905 (8N 'Dab of Addendum'). Effolloom. YONF W Dwftn and OWU antwed tnto 1M A* 21,1002 Contact for Wdw Troft wk end TnanwMWM Swvtoea hl provide fbf 8010 of hea - wdw by Dwft to DI - I I and tw ftwillUb and ddvwy by Derron d frtA- anoint d DWid - I wdw from spedW points to axt* CAWY wS d Dial t, Micky City d Sargw (•ga Wy. and • WNtERW, "W Centred provides In Secdm 6.4 toed Out To provide such swvice to S&W. DWid shall hav the option to pudms mated wdw km 0w110n at b posted pdoe Ibr w vieeale treated wdw. d s0 ch rob oxwo, j • or at 0w►t 6 ralo for largo i)dusbW customws. or to rgqu" Oenton to transport • • DIWtd's watw aaoordkg to the pmvisiwu of It" A9rowrw ts; and l T 01 a« • ANG=m To MMACT NTMear cure a comm Mq vrRm POO MNTIM THAT Mr AM TMIMMU M rlNep rw a i eCr WHEREAS, in Hsu of Dmon transporting District Water for delivery to Sanger, District desires to Pobhaee wafer on a wholowe basis from Denton for res to and delivery to Sanger. and Denton agrees to develop a wholesale rate for treated water, and WHEREAS, said Contract provides for r•ansmission of District water by Denton not only to Sanger but also to City of Cato ('Corinth') and to Lake Cities Municipal Utility Authonity ('LCMLIA') for District; and WHEREAS. In general, Denton and District agree that dryad delivery by District of its own water is to be prefenvd over any such transmission of 044 water by Denton; and WHEREAS, Duton and Districtague to oooperata on an aMemellve strategy Uaal wiM enable District to delver its treated water direr y to Corinth and LO" with" transmission by Denton through its wafer systems. NOW, THEREFORE in ooneidenafion of the muburl owww+ts and agreements herein 4=bk , Ow paAlsa agree to s uppbment do C**W with this Addendum as hweinaft set IbM, to.** SeeEat 1A Then tlta rrasttara stated h tfw pnaarttbM taxed aretrue and eon and aral rows porefed into the body of Wa Addendum as tf oopied in their entirety. • SeaYes i.I. Ann of &M2060 i That the prvrhim of ft Co trail shalt ramain in ful km and effect as m"lo a tad by this Addendum. Further, fbnton and District agree to add the provisions henM to provW* for owdirwed purcheee of treated water by DisM from Denton on a wholesale basis and to fadMtat0 • the provision of direct treated water service by Distft to Corinth and LCMUA. • • . f ~4 02 1 . a' 17, • a AC08MM TO COMrMCT MT%GM MY Or DWON ANC UTNU,e Mq VATM rNeATMW ANC TKQM46$ ON JVTVKU PAOet tire 3ee1111en 1.2. EaerWse of c As provided in Section 8.4 of the Contract, District doss hereby elect to exorcise its ' . option to purchase treated water from Denton at its posted price for wholesale treated water...' for resale to Sanger. Further, Denton agrees to make available such treated water for delivery and sale to Oistrkt at the agreed delivery point (specified in separate contract) for the Sanger Transmission line. Oenton will make reasonable capacity available and will deliver water to said dafrvery poird at De ton's operating pressure norm ay mair"med for that sector of its transmission and distribution system. 3setlan 1.3. Cktagift to be Delvered For the Ant Water Year of operation during which water is dWvend under the contract to the designated dWvery point for the Sanger Transmission Line, the WM amount of loaned water to be delve-d by Dental sW not exceed on*4M nw1% gaMaa per day (0.50 mgd). After Min Ant VYlMw Yeard operaft D oWd may squat kncrraead que tuy up to o ewdnxan d ate and C ono quwW (1.25) mgd to be dW wW by Denbo. Cistrfct shat gtw wt Na notion to Oenbon at [east one hundmd twenty (120) days prior b tat bogirtrtirtg d e Wda Year conoernk the Peek Defy Vbkme d treated wrier being requested Danbnh may, M ks oft deontio , wales tat wdllm notice mquhnmd upon wi No request d Dlstrid. If tat requnted Peak Day Vokrm mcoods ahahetf rnnfon 9 a1ons par day (0.50 mgd). Dorton shat dMw. m' U such addllorheI wall r and such capacity b delves tin water we oval". It. for the uporwrAV Water Yew, Dorton datenntna then Is eutllda addNimd capacity r1 suf "additional water b pmAds tat D *M with the -quested Pelt Drly vokow, Dertba may, under tonne d Mtis Addendum and the Contract, provide such addUordi vokrne (or any portion "Woof) for Mtn Wager Year. • wastes 1 A. hr mob" AKdM The polled rases for w1 mm W bated water service provided wWw this AdderWum may be axpresad as • vokmw dwp per Mtoueend gabns pkis a Tacky doge and an annual do"mW dwge per LM d peak day usage. or may be expressed as a toW unit price par thousand gWons • • of water ddvared and metered 11or each Fiscal Yew. The posted rates for whoesale treated water service shag inckrde tat cost draw water. the cost of treatment, operation and maintenance . 1 03 . y Y' • • AOOeM0A TO COMTRACT WM AM CRY OP aROM AND VTRM FOR YATM TIKATMW AMO flUM*n&V" jorA p AANA 1 expenses of the Transmission System, pumping and energy costs, depreciation expense, and a return on Demon's applicable rate base. The rate base shall be Denton's actual net investment in that portion of its water system reasonably allocated to wholes" service, which not investment shall be equal to original coat less deprecation reserve. The authorized return shall be equal to the weighted average interest rate on ail outstandng lebt for Denton's Water Utility System plus one and ons-half percent (1.5'11). A street renal fee equal to four percent (4%) of total operation and maintarerm cast may be incdided im operation and momenance expenses. Depredation expense will be based upon the original oat of all capital facilities, both invested and cwk*OA*d Capitol. which hwiYdes are wgnctsd to be replaced by Demon at a future dale In order to mairtsin service. PO*m and adnr koftes paid for by the District. Ca loth, LCMUA or cpdwm shallnot be included in Demon's lnvesin o oat for cd*Awft a return bit maybe included when pto Ailing operating and maintenance sxperrse. Costs to transport water shat be , W r AaI - an a systacn wids basis, exeiudrg debtutlon facilitles, and shall be limited to this Trwm ndssion System which shall not inducts the coat of bansportirg water thragh Brae WWW than twONa (12) indtss in diameter. The teat year fbr *dWA hirg dM rata for wholessie meted wafer service shoat be the pnoiectcted year for which the rob is proposed to be appNoabfe. Test yew date shat be obtained from acted dole of the second yew prior to the teat year *0 edJrretmerrb made for lurown or veriliaWe elwrgse. tiee•ea f.i. t?ertM shah g" tirnfy calks ton' sbkl with opportunity b oonrnertt on Demon's oat analysis in each yw M d t proposes to revise rata for swvbs providsd look. Such nods and such opportuNty to cOnlnlerrt on Bte cal analysis provided shelf oorMorrrt to d» provisions of Section 7.4 and 7.3 of the Contract. • 8609" IA LLu to LCOAMAX911111111dill DfeM chains to conetrud a transmission pipethe to allow Disbid to deliver bided wrier directly to LCMl1A and t orYMh wthorA rafting on Dorton b transport District water tlrrougtr Demon's • Transnrssion System, A certain transmission Into being used by Dentin to deliver beefed water to - ~ • • LCMUA and C;oMth was paid for by the users, was dedicated to Daman, and is now the property i of Demon. Demon agrees to convey to District said pipeline facilities and related appurtenances. ...JJJ r 7 04 • i • r. ACeapM TO COWMWT Wrvfk MY OF OeffM AN YTIMO P" wurw rwArrolr me T%W W"4 N ""m PANS i The property to be conveyed shag be that portion of the transmission Cue and related facilities shown on Exhibit G, which Exhibit is attached hereto and Incorporated herein for cep purposes. As oonsideration, lastrict agrees to grant to Denton an increased interest in the Joint Transmission Line pursuant to the May 6, 1993 Joint Ownership and Operations Contract (as supplemented). As additional consideration for the facilities being convoyed, District agues to relieve Denton of as obligation to provide torp-term Transmission Service for District water to LCMUA and Corinth. Demon and District agree to coordiruAe and cooperate on necessary pipe" improvements by Distrid to anabie the Distrid to use said pifsepne being oonveyed for dined depvery of District treated water to LCr4.1UA and Corinth. The sift Me dde for bath of ownership of said pipN'ne from Denton to Distrid shag be the day that Oi*ict Ifrst uses the yipeIr m to deliver its water to LCMUA or CoMOL Said date shop be confirmed by Obtrki to Danboro by written notice. sees" 1,7. In cw#rdbn vAh the oonveyanoe d BM UI* Ar.akilh po*w as provided in 8action 1.e C hereof, Obbict shag pay for and artarnge for wnprovemwAa approved by Denton to enable an Emergency C innecd n al the approdnwe location shown an Exh bit C. The Emergency Cmn diort shd be saI I I INd by and nWo Asktad for the mA W banettt of D won wd DW.fA for the Primary Tenn of the Contract. TheFi m9micy Coineefprt mmrmay shallbe obs" In tine event of a wd r system omtd lm which ga mmaly wotAd ba regarded ar an emergency in tat water ut ty Inweiry, and upon the m*" of 44W party, the prd" mat M*Ady agree b open the g Y co nacm Esumptea of a eyda oandpbn to be omaidered on ensrgrtoy shag 11 FAL, I (wr'Urocrt lin*M the eoope of such oortdpione) • A dsrvdm Y. r whorl, or in part, of eater prys water supply, • An etaotrbM outage, which adversely affects water service, • Contain info of sew pertys water Supply, or • Faihxe d a major system cornponwk such as a pipepne or pump. Fakire b plot fox an ade"a water supply doe not coratlbrte an nafgenty. During the time of such emergency, tat requesting party will expedite efforts to over=, the emergency; and, the L • other party will guppy water b the Wort reasonably ev adable and pnxWt under the circumsiar e c • • E 05 t~ i y: { o.r .oetaMroCCWWV r eerN CITY OP DO Aft WTRW PMVAMTM"GW NO TWANWAISM IOWA= PAN 4 t With approval d the supplybV party, the bumf V party wo be nnpms" for any nacesswy imaovww ts, wrangemwts or fsdMtits to doWw rand iwWve do w.ar. The party srrpplWV to wtnr under wnerpwrcy conditions provided far in tirrs 6a *m sW be compansattd for the water debomd. If tM vohutw d wdw delivered du" tM «nwyency aondons isnot dstwmirrd by mu*r, the partite shah use the beet hfarmatim ready evd" to dsw p sn atimeI of such volume. The benefit" party OM wmWode the suppybq party ~ as nxAudy apatabb. i t#alhs 1.R sate stTetatd wear The Cwftd provides for Dwrlan b seM h ad water to DbM for male b omtbbt parties dufig Ht blMid Pwlod d tM Ca *vd Mmugh WYdw Yew 1 M! Ofw prwWws d the Conhad rclowolsrtdnp, n to sorest 1Mt Dbtrid may rtdaoe or dtoom*m puralroe d h do wdw from Dwraort OA" M» W W ft If such ndur'lio I or dtoen16 1, Is rttafsd lad* OWMS owe %%dw Vadrnwt phut and d*my fsd Ww btoombto operaNtnal, Hwe dW be no brtp m Om d the Arnbrtrmt A%w ftmoo prorbrw of ae salon 3.3; prorIds d Hst Un tops mw~ reo* ty Dwrlon atom OkWot for p xcNm of both treated wdw and unttstlsd raw wdw dW be o*W to or WUW than the rwiwKrt (not btrAud g Wrhbh Cosh) fhd Dtnbn would olMrwhs haw reoshred If rM - Iat had oontlrxwd Fu, r4mY-M ody bwshd wsW Groh taw 107 WAK Yew pi n>utnt b the Conbtaat . Soarers 1.0. This Ad&W m Od be of c&* on and from He 00 of Addwwi m. The AddtrAm shah owdm for to Prtrnwy Terry of tM Co vievol and for any rtrttwah Hereof. s 06 ~wrni C r i a~ . AamiasrTeC M aMMr OnaDWMANDVrM FM IMTOTWTMOR AM MAN0460 MQI1WCp C IN WRMSU WMA F, the Perth hereto sctirq under authority of their respective gmwr q bodaa have quad Wa Addwdrrn to be duty executed in sward oounte pw U, each of which shell constitute an orig W, M as of the day and year first above written, which is the Ogle of Addendum. UPPER TRINITY REGIIHM~ WATER DIBTMCT mot: ftlcfwsi Pn k%KBoardd011FIMn ATMT: Y PAWM LYt APPROM M TO FORM AM I DAt"UTY Jofrt F. Boyle, Jr., Couned for the Olet M CRY OF DEMTOM, TRIM Ted 8wavidee, City Manager ATTUr. Jawwhr Wdlan, City ee NNV I APPROIRD As TO LEGAL FORM _ H" Prouty, City Attorney e~. r rw JJ 1 1 07 tf I '-T F~T*µ !H 7♦ i NfF.f 4T A' 1 Y., r t EXHIBITS A and B EAubKs A and B as cwrta M in the mtkW Ca**d -Im 0h v+dd and in dkKL Said EWbits am mO&W or v rlsd only to Etw 0dant porklad h this MdscdunR f i 1 t r jj51 n S rt ',,C 1t , ' Yf! ~El Ada. Wvf1f 08 ~r 'a • .1 l ~ a arm n arr Ito 9N EMf,~Gf~CY Z NfTr~`w Noi To $oglo CO(JAU%Aake CiW1 IA Z o.nvw rur P p oifir- :*jet d*040inq /~rD L.F. y 40 4a L, -1 i t4 all ALL00297 DUPLICATE THE STATE Of TEXAS f CONTRACT BETWEEN CITY OT OM MN f AND UPPER TRINITY REGIONAL WATER f DISTRICT FOR WATER TREATMENT AND f TRANSMISSION SERVICES This Agreement made this Qli - day of 199? by and between the City of Denton, a Municipal C ra ion organi- zed under the laws of the State of Texas (*DENTON•), and the Upper Trinity Regional Water District, a conservation and reclamation District created pursuant to Article XVI, Section 59 of the Con- stitution of the State of Texas ("DISTRICT•); WHEREAS, DISTRICT was created by the Texas Legislature to some various regional water utility purposss including providing Wholesale treated water service to participating cities and uti- litles of Denton County and adjacent areas] and WRlR:AS, D=1T0W has an existing water treatment plant# known u the spencer Water Treatment Plant, and such plant has Treatment Capacity sufficient to serve Darrow"s current water treatment needs, plus capacity to sere additional Wholesale customer water treatment needs for a limited period of tile; and • WlaIRRU, DISTRICT desires to contract for the use of water treatment plant services; and , WBUUMS, the treatment capacity of DENON'S existing and pro- posed water treatment plants that is surplus to DEWTON03 current • needs is available for use by DISTRICT; and • O WHEREAS, DENTON has watt,. transmission lines with sufficient capacity to serve DENTON'S current needs, plus sufficient trans- mission line capacity for the Primary Term of this Agreement to i deliver up to 4.5 mqd of treated water to the DISTRICT; and 10 w. r • WHEREAS, DISTRICT is managing a phased development of its Nas. tar Plan and has scheduled the first phase of its wholesale water transmission system to be operational within two years; and WHEREAS, DISTRICT desires to enter lato a contract with DrMM for the use of water treatment mad water transmission service in accordance with the terms and provisions set out herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Partl.es agree as follower AMCLE I DBlIYIlIO/• . 1.1 "feads■ means all bonds hereafter iesued by the District, C whether in one or more series or issues, and the interest thereon, to acquire, construct and complete its Regional Water project, and/or all bonds issued subsequently to improve, extend, operate or maintain the project, and any bonds issued to refund any bonds or to refund any such retunding bends. %@IS •Oeasmimar pries Iadem" means the Consumer Frio* Index For All Urban Consumers, CPI-U, (all itesr, published by the United • States Department of tabor, Bureau of Labor 6tatistics 1962-1964 100) publisbed by the United States Department of Labor, Bureau of Labor statistio.e or any successor to such agency. It publication of the agency is 3iscontinued, CpI-U shall refer to comparable ata- • tistics with respect to the cost of living for all urban consumers 0 0 published by any agency of the United States government and mutual- ly agreed to by DISTRICT and DEMN. 1.2 "VEPPON'6 Transmission System" or "sraasmissiea System" weans all of DENTON'S water lines twelve (12) inches in diameter or PON. r Clarger used to transport treated potable water to Its customers. 1.2' "DRrm,a Trsatmsat iystat" or "Treatment system" means the Spencer Mater Treatment Plant, and the Ray Roberts Mater Treat- sent Plan, when constructed, including all appurtenances thereto and all existing raw water transmission facilities from the water source to the water treatment plant. 1435 "DINTOW"S Water Utility System" or "Water Utility Sys- tem" means all existing and future facilities utilised to provide water to DR MMIS retail and wholesale oastosers, including, but not limited to, Mater Treatment Systems, Transmission Systems, wa- ter storage facilities, distribution systems and administrative and personnel buildings. 1.4 wrissal tear" means the period of tine from October i of each calendar year through September 30 of the next following cal- endar yeare tea "Initial Parise means the period of time that DISTRICT will receive temporary or interim water treatment or transportation service out of DUROMOS emcees capacity, which period of time shall commence an the effective date of this Agresment and contirnse • through midnight, limy 711 1991. tea "EMO,to an abbreviation for 'million gallons of water I per day". • 1415 "leak Day ♦elnme" means the highest quantity of water 1 • • J used or requested by DISTRICT, whichever is greater, for any single / day throughout any Mater Year. Peak Day volume is determined by \ measuring the cumulative maximum outflow from all points of deliv- ery. 12 z • • { i 1.7 "Peiat(s) of Delivery" means the point(s) designated in this A4raeaent or by sub,equent agreement where water will be de- livered to DISTRICT from the DE MN Transwission system. l.a "Tame or Pay" shall 'lean an obligation to pay for the amount of Water Treatment capacity specified in the Agreement, without regard to the amount of Water Treatment Capacity actually used under this Agreement, goal "Total peak Day Traamissiom Volume" assns the total peak day values requested of the Denton Mater Transmission System which shall include the city of Denton's peak day volume, the Districtfs flak Day Values delivered from Denton's Water Transmission System and any other Denton water traneaisolon custoeeref peat day voluct delivered frow Denton's water Transmission Oysty. Loss "TSammmississ Opentimq nests" moans those costa assooi- atod with the normal maintenance and repair of the Water Transmis- sion System. l.a Ofteetasat Oapaei,tr" sears the maxim daily capability to treat raw water, expressed in gallons, that would, if maintained consistently thr"o a period of twenty-tour (74) bourse Provide • the mauisum quantity of potable water in any one day of a Mater J Yeas. 1010 "Variable Oests" means those costs that vary according • to the quantity of water treated, pusped or transported, including • • cost of electricity, chemicals, variable mechanical costs, and lire ( charges that vary with the volume of water, toil "Velmme" means quantity of water, in gallons, that DIS- TRICT requests or actually receives from Da"N. ' 13 ~O i i 1.12 "Water lei" means the period of time froik June of each calendar year through Kay 71 of the succeeding year. ARTICLE II I'll'" PERIOD Pot MATER TMTEEMT aem TRAY MIS/IOM sERYICas 2.1 oa servicss During the Initial Period, DEMCOM agrees to treat rater for DISTRICT in DEMTOMIS Mater Treatment System, and to transport such treated voter to the Point(s) of Delivery subject to the terms and conditions stated herein. DISTRICT agrees to contract for the use of water treatment services and for the use of water transmis- sion services from DEML{OM subject to the terms and conditions stated herein. all Eat Mater Te so Mmmallad ti s rist All raw water to be treated by ONTO an DIST'RICT'S bs- halt under the terms of this Agreement shall be provided by DIS- TRICT at its sole aYpsnse. Such raw water shall be provided out of sma" under contract to DISTRICT and delivered or made available 1 to DONN by DISTRICT in Lake Ray Roberts or Lake Lewisville. This Provision specifically includes raw water that is under contract to • DRLPPOM sod DISTRICT out of Comer Reservoir iu Suipbw River Resin, which water may be made available to Lake Ray Roberts or Lake Lwisville, it autborised by separate agreement with Dallas. De- • livery of any other water from outside the Ray Roberts - Lewisville t' • A Lake system for treatmant by DEMfON under this Agreement will re- i J ( quire the written permission of DEM N. Except for Cooper Refer- voir water, DEMTOM shall have no obligation under this agreement to treat any water delivered by DISTRICT from outside the Ray Roberts- 14 1~ r { Lake Lewisville Lake system and DENTON may refuse to accept any other such water at its treatment plants. a.3 1I~ The provisions of this Arttcls notvith stand Ing 0 DISTRICT I agrees that DENTON has the right of first refusal to sell raw water on a temporary basis to DISTRICT according to the terms of a sepa- rate raw water agreement. 2.4 Atailesilih e Treatment of raw water provided by DISTRICT under this Agreement is expressly subject to and limited by the available sup- ply of raw water from DISTRICT. DENTON shall exercise due dili- C gene to assure that the treatment and deliverability of water is maintained. Should DMfM need to curtail treatment or transportation of water for its customers, DU NN may impose a like curtailment on treatment or deliveries of water under this Agreaaint to DISTRICT without being in default of the Agreement. Such curtailments shall be limited to the extent that such supplies and service are cur- tailed due to a lack of raw water supply as because of system fail- ure or malfunction, contamination, acts of cod, civil disturbances, war or other oauses beyond DMM=115 control. DISTRICT will cooper- ate by impos'ng likes curtailment seasures upon its saves. To the extent DEkTON imposes restrictions relating to the aortailment of water delivery and availability, DINTOk agrees to impose such restrictions in a non-discriminatory fashion. 1 ;v e e t.s a■• of r•ll■ Nothing in this Agreement shall be construed to impair or affect DISTRICTOS right to use any existing water wells or any va- tar wells it may drill in the future. ARTICL! III 3.1 Volume of 'treataaat u 2raaazAsia& martins to be Provided for the ■tti■l ft iad The volume of treatment and transmission service to be made available to DISTRICT by DENTON during the-Initial Period for each Water Year shall be established annually " described in this Article. DINTON will asks available to DISTRICT, for the Initial Period, up to 4.5 mgd of rater treatment and transaission services for water treated by DOM=. DMfM will not transport any water for the DISTRICT during the initial Period other than water treated in DOITONO's Treatment System. Not less than one hundred and twenty (120) days before the beginning of the first and each successive Water Year, DISTRICT e~ shall give written notles to DOITON concerning the Peak Daily Vol- use of Treatment Capaolty and transmission service being requested. j DZMN say, tt its sole discretion, waive the one hundred and e twenty (120) day notice requirement upon the written request of t e DISTRICT. Such request and waiver shall be effective only if done ( in writing. It the requested volume exceeds 4.50 sqd, DMON shall determine the capacity in DENTONOS Treatment and Transmission Sys- ten expected to be surplus to DENTONIS needs. If, for the upcoming 1 a 19 f1. ry 1 ^y • • is Mater Year, DEMN dsteratnes there is surplus capacity in DENTOM*S Mater Treatment and Transmission System above 4.50 mgd to provide the DISTRICT with the additional requested treatment and transmis- sion services, DEMN says under the terms of this Agreement pro- Vide Such additional treatment services for that Mater Year. The parties agree that Exhibit "A", as described in Article 4.1 hereof shall be supplemented each year of the Primary Term of this Agree- ment to reflect the Peak Deily Volume DISTRICT has requested for each Delivery Point. The first Mater Year or any portion thereof under this Agree rent shall be the first year that water is actually delivered by ( DEMTDM under this Agreement and taken by DISTRICT. for the first Mater Year, the one hundred and twenty (130) day notios referenced above shall be interpreted to mean one hundred and twenty (130) days prior to the date actual delivery of water is requested to begin. Prior to the first water Yeses DISTRICT and DIP M shall coordinate on a regular basis the activities necessary to plan for and commence delivery of treated water. ?hereafter, prior to June 1 of each year, DZVMCT shall provide an estimate of the treatment and transmission servioss it expects to request for the succeeding throe-year period. 303 • DISTRICT agrees, during each Water Year of the Initial • 0 Period, to pay DEM'TON, on a take or pay basis, for a Minimum Water j Volume based upon the Peak Day Volume of treatment and transmission I capacity requested or taken, whichever is greater, by DISTRICT for each Water Year. The Minimum Water Volume shall be calculated 17 oqD • • n { using the following formulas Minimum Water Volume • peak Day Volume multiplied by 765 multiplied by the applicable percentage*. *The applicable specified percantage for each year of the initial period shall bas 700 704 40% SSW 554 During the Initial period, each Water Yearl's Peak Day Volume shall not be less than any prior Water Year's Peak Day Volume. AMCYJ IV DBL17Ul, LOCh1TIDf, MUM O MDMM t.i \ DhhanM agrees to deliver the treated water hereunder at Delivery Point(s) shown in Xxhibit A# attached hereto and inoorpo- rated berein by reference, and at any other such points " may be mutually afire" upon by DIrMCT and DOM. The cost of asquir-' ins, designing, installing and constructing all water delivery and metering egnipmsnt or facilities necessary to fulfill this k1res- smant, including, but not limited to, water lines to metering • points, asters, aster vaults and associated valves., shall be borne by DUThIIM Upon ca"Istion of construction and acceptance by ' DUTOM, DZVMCt shall dedicate the metering facilities, including the rate-of-flow controllers, to DEMTOM prior to the initiation of • services hereunder. All plans for metering facilities and pipe- O 61 lines related thereto shill conform to DOMMIa requirements and 1, R 1 shall be aukaittad to OUTOM for its written approval prior to installation, which approval will not be unreasonably withheld. 18 • • • t =r Nowev*r, it is a i~ nticlpated that the existing Points of Delivery for DMMON'S existing wholesale customers will be sufficient if Corinth and LCMUA receive Yater from the DISTRICT during the initial Peri- od. This Agreement does not conteaplate the installation of dupli- cate metering facilities to measure the water being transported and delivered. Nevertheless, if such additional metering abilities are determined by the Parties to be necessary, they shall be installed under mutually satisfactory terms. DISTRICT represents and covenants that it has acquired, or will acquire, prior to the Installation of metering equipment, the necessary easements or right-of-way on which the metering facili- ties and associated appurtenances for all points of delivery will be placed. 4a2 All water furnished shall be measured by meters installed at the point(s) of Delivery. DMMW ogre" to maintain said meters and to cause such repair and adjustments to be proe•tly made. ONNTON shall toot the meter(s) annually. The costs of meter re- pairs and tooting shall be included in the Variable Costs. • Upon the request of DISTRICT, DMrM shall test the seter(s) r sore frequently than annually, but such additional test(s) shall be at DISTAICTIS expanme, except when an error in metering is found to t' • exceed 31. It a aster is found to be in error by nor than plus or • • minus two percent (I+), adjustments shall be made accordingly. If either Party at any time observes an apparent error in meter registration or readings, such Party will promptly notify the other Party, DNNTON shall arrange for a calibration test and joint 19 ~+hvKM. Vl~1 1'h ~ • rz r , { observation of any adjustment and the saga motor or motors shall then be adjusted to accuracy. DENTON shall give DISTRICT at least forty-eight (48) hours notice of the time of all tests of motors to that DISTRICT may conveniently have a representative present. If for any reason any meters are out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered during the period such motors are out of service or out of repair shall be estimated and agreed upon by the Parties hereto upon the basis of the best data available. For such purposes, the best data available shall be deemed to be the registration of any check motor or meters it C the same have been installed and are accurately registering. Otherwise" the amount of water delivered during such period may be estimated (1) by corseotiLg the error If the puce to" of the er- ror is ascertainable by calibration tests or matbematical calcula- tion, or (ii) estimating the quantity of water by deliveries during the Preceding periods under similar conditions when the motor or meters were registering accurately. e. i IDait a,! The unit of ""we for water delivery uncles this Agree- sent shall be 1,000 gallons, Udl. Standard Liquid Measure. 404 AMMU • Each Party agrees to provide ingress and egress for she • • employees and agents of the Party that owns the motor to all its premises inside Party's boundaries as required to install, operate, Inspect, test and maintain motor facilities. 20 • • oK r„ ` r {.S ~aE flee Ceatr011 r Except as provided below, a rats-of-flow controller shall be installed at each Point of Delivery of water from DENTON to DIS- TRICT where peak rats of flow it expected to exceed 0.5 aqd. DIS- TRICT shall pay for the required rate-of-flow controllers and main- tenancs costs. Each rata-of-flow controller shall be sat at the DISTRICT'S Peak Day Volume as requested for each Point of Delivery as provided in Article III herein, and shall be set on June 1 or later of each Water Year. The total of all Peak Day Volume Got- tinge requested by DISTRICT shall not exceed the Peak Day Value" requested in accordance with Section 7.7. DINTON and DISTRICT C recognise the temporary nature of the treated water service pro- vided for herein. Accordingly, both parties agree to consider achieving the results desired under this paragraph without the eY- pense ordinarily associated with installing. a rate of flow controller for such temporary period. DISTRICT shall receive water from DSNTOM, either through • an open discharge into a ground or elevated storage tank, or into a supply line. If delivered into a supply line, an appropriate backflow preventor check valve shall be placed by DISTRICT in the delivery line to assure that no flow of water from DISTRICr'S • system can return to DENTON'S system. • • AMCU UTU RIORTS f.l of Natal-2-fahts DENTON and DISTRICT acknowledge that ~nothing in this 2 ' oW 1 r.; Agreement is intended to sell, transfer or Convoy any water rights from DENTON to DISTRICT or any other entity and no such rights are sold, transferred, or conveyed. DISTRICT is responsible for making its own provisions for raw water supply and agrees to do so by se- parate action, contract or agreement. If this Agreement is ever construed to effect a sale, transfer, or conveyance of water rights from DENTON to DISTRICT, then it shall be null and void. u DENTON and the DISTRICT, individually and respectively, will be responsible for their respective raw water supply needs. AM=& TZ C saw-s=w vat= TaummIalon .aerseaa $,I Mater transmission services for the Initial Period shall be provided for in conjunction with water treatment services in so- cordance with the tens and conditions provided in Articles II and III. DOMM agrees to sell provide the DIVMCT long-term water O transmission mervioes from the date of termination of the initial Period for the remainder of the Primary Period designated in Sec- tion 13.3, subject to the DISTRICTOS compliance with the squire- 0 meets of Section 6.3. Such transmission service shall be available O O to and through the delivery points as listed in Exhibit A, unless other delivery points are agreed to in writing. DENTON agrees to provide up to 1.5 mgd of transmission service to the Corinth motor- ing point and 1.0 mqd of transmission services to the take Cities 22 - • r ' • -1 Municipal Utility Authority (LcxuA) metering point, each location as shown on Exhibit A. Said maximum amounts shall be increased to 4.50 mqd collectively for Corinth ar,d LCMUA upon the completion of DENTON'S otherwise planned expansion of that portion of DENTON#S System, it being agreed that DENTON will not be required to expand such transmission capacity solely for Corinth and LCMUA, unless otherwise needed for DEMMI S System. DENToN shall not be obli- gated to provide such increased maximum amounts unless DISTRICT first pays for the construction of any oversized pipeline for the expansion to serve Corinth and LZMUA, based upon DiSMCTIS pro- portionate share of the overall transmission capacity of the line. C 4.S piacrie! !e si.. metiae Two years before the beginning of the first and each successive water Year beginning with hater Year 1994, DISTRICT shall give written notice to DSRPOM conoerninq the peak Daily Vol- um of transmission service being requested. DSNTOM may, at its sole discretion, waive the two-year notice requirement upon the written request of the DISTRICT. It the requested amount exceeds that amount listed in Sxhibit • As DS3r M shall determine it such additional capacity is available. r It, for the upooming water Year, DENTON determines there is out fi- cient additi-%nal capacity in Denton's water Tranamission System to • provide the DISTRICT with the additional requested transmission • • services, DENTON say, under the terms of this Agreement, provide { such additional transmission services for that Mater Year. 4.4 /arsine !or /mar If during the Primary Term of this Agreement, the DIS- 2 allw • it TRICT proposes to serve the City of Sanger through a pipeline ex- tension from the northwestern portion of DENTON~S water distri- bution system generally along Interstate 33, DENTON will make rea- sonable capacity available, in accordance with Exhibit A for the Primary Term of this Agreement. DENTON may participate, at its option, in the capital and operating cost of said pipeline based upon its proportionate share of the overall transmission capacity of the line, up to the limits of DENTOMIS extraterritorial juris- diction. If DISTRICT determines at any future time that such pipeline to the City of Sanger is no longer needed, DENTON shall have an option to purchase DISTRICTIS portion of said pipeline at the original cost thereof, less accumulated straight-line depre- rriation. To provide such service to Sanger, DISTRICT shall have the option to purchase treated rater from DOPTON at its posted price for wholesale treated eater, if such rate exists, or at DOMMIS rate for large industrial customers, or to regwst DZMM to transport DISTRICT08 water accordinq to the provisions of this Agreement. • DOITON and DISTRICT acknowledge that nothing in this Agreement is.intended to transfer any rights to water transmission service from DOITON to DISTRICT or any other entity. DISTRICT agrees, during the 1994 Water Year, and each Water r Year thereafter, of the Primary Term of the Agreement, to pay DENTOM, on a take-or-pay basis, for a Minimum Transmission Volume based upon the Peak Day Volume of transmission service requested or 24 • • taken, whichever is greater, by DISTRICT for each water Year. During the Primary Term, or any extension thereof, each water Year's Minimum Transmission volume shall not be lees than the pre- vious water Year's Minimum Transmission Volume. The Minimum Transmission Volume for any water yeAV shall be not less than the DISTRICT'S Peak Day Volume multiplied by 765 times 50%. !R'lICLR VII BATU AM CXA11%Ra Fm S=TICR 7.1 ism raitial Parted DZMN and DISTRICT agree that the services being con traded for herein for the Initial Period are limited to tempora- rily surplus capacity and do not contemplate any investment by DRMTOM to provide services requested by DISTRICT. DUMP and DIS- TRICT agree that existing raw water facilities, existing Treatment Capacity and existing transmission facilities wars constructed for the long-term needs of DRMTOM'S customersr not including the DIS- TRICT. Therefore, DISTRICT will have no right to firm, long-term use of any of said facilities or capacity except as provided in sections s.9 and 4.4 and much capacity shall be available through the Primary Tom of this Agreosent. 7.! - . ~ SaiLlaLt![14! 1. ~ • • DISTRICT agrees to pay for the temporary services during ( the Initial Period in the following manners a) Variable Costs for use of DZWPONIS Water Treatment Capacity in proportion to DISTRICT'S use of the 25 ag g • • axr, J: Treatment Capacity required by DEWON'S retail and wholesale customers; plus b) Variable Costs for use of DENTON'S Water Transmis- sion Capacity in proportion to DISTRICT'S use of the transmission capacity required by DENTON'S retail and wholesale customers; plus c) A Transmission Service Fee of ten cents (100) per thousand gallons and a Treatment Fee of forty-five cants (450) per thousand gallons of treated water delivered to DISTRICT. Theme service feu shall be subject to an annual adjustment on or about October i of each year, commencing October 1, 1991, to re- flect increases or decraasu in costa according to the consumer Price Index. The current index shall rotor to the last bimonthly (it available, if not, the last quarter) Index published prior to the date of adjustment. subject to the specifto exception in the next sentenco, "Previous Indaxa shall rotor to the last bimonthly (it available, it not, the last quarterly) Index published just prior to the previous date of adjustment. with respect to the f I ~ first adjustment, the "Previous Index• shell rater to the last bimonthly (if available, it not, the ~ ~ • last quarterly) Index published prior to the at- foctive date of this Agreement. These fees shall be adjusted by multiplying the applicable tee times a fraction (the CPI Adjustment Formula), the numer- 2 b ~--~4. 1 • • r. ator of which is the Current Index and the denomi- nator of which is the Previous Index. The charges outlined in this paragraph will be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year. Prior to May 1 of each year, DENTON shall provide to DISTRICT a cost analysis based on actual data for the most recent 12-month period for which such data are avallable; costs shall be projected to the forthcoming Fiscal Year. DISTRICT shall be grant- ed access to DENTONPS books and records at reasonable times upon reasonable notice to review the cost analysis provided. DENTOW may choose to bill DISTRICT each month based on estimated variable Cost for the month and correct for actual costs In the billing for the C succeeding month. 7.7 The charges outlined in this paragraph shall be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year. Transportation costs for long-term service shall in- clude operation and maintenance expenses of the Transmission Sys- tom. pumping and energy costs, depreciation expense, and a return on DWW' S applicable rate base (DINT00,18 actual net investment in r y the Transmission System equal to original cost less depreciation • i reserve) in its Transmission System, which return shall be equal to • the weighted average interest rate on all outstanding debt for • • i DENTONOS Water Utility System plus one and one-halt percent (1.3i). { A street rental fee equal to four percent (fit) of total transporta- tion cost, may be included In operation and maintenance expenses. Depreciation expense will be based upon the original cost of all 27 ti - ws r. capital, invested and contributed, which must be replaced by DEMN at a future date in order to maintain service. Pipelines and other facilities paid for by the DISTRICT, Corinth and Lam shall not be included in DENTONFS investment cost or calculation of depreciation expense but may be included when calculating operating and saints- nonce expense. Costs to transport water shall be calculated on a system-wide basis, excluding distribution facilities, and shall be limited to the Transmission System which shall not include the cost of transporting water through lines smaller than twelve (12) inch" in diameter. The test year for establishing the transportation rate shall be C the projected year that the rate is applicable. Test year data shall be obtained from actual data of the second year prior to the test year with adjustments made for known or verifiable changes. The proportion of applicable rate base for which the DIM'ICP shall pay a rate of return shall be as follows Dletrlot's peoportlos of rate bass . n ■eelec~■ !m■k Dur VI■1■~■ Total pak Day Teassalsawn volume • 7.4 Opmratinq and maintenance expenses of the combined trans- mission and distribution system shall be apportioned, after deduc- tinq expenses unrelated to the transportation function, including o A • such activities as retell metering, retail meter shop services, fire hydrants, fire protection, pressure maintenance, customer con- CI nections or tape. to the Transmission system on an inch-mils basis, taking into account all of the pipelines in DER'1"ON,S system. A 28 3I ti . 0 unit price for transportation of water through the Transmission System shall be calculated by taking into account the total volume pumped by DENTIN on an annual basis for all of DENTON'S retail and wholesale customers, including DISTRICT. The charges outlined in this paragraph will be expressed as a total unit price per thousand gallons to be effective for each fiscal Year. Prior to May 1 of each year, DMMN shall provide to DIS- TRICT a cost analysis based on actual data for the soot recent 12- month period for which such data are availablet costs shall be pro- jected to the forthcoming Fiscal Year. 7.! DRMTON shall notify DISTRICT by May 1 of each year of any intent to change any ristes or charges provided for in this Article. DISTRICT shall have at least Go days notioe to review and comment on proposed rates prior to submission of such proposed rates to DOP M City Council for approval. District shall have access to DZr M+b books and reoords at reasonable times upon reasonable notice to review cost analyses and proposed rates. Revised rata shall become offeative in accordance with DA1'1'OMIS ordinanos estab- lishing such revised rates. 7.i D~+• omtism is sarelaee .L+. DXrMICT hereby agrees upon reasonable notice to allow • DRNTDM to purchase interim water out of surplus treatment capacity t • O to be constructed in future by DISTRICT and for transmission ser- vico related thereto. This option may be exercised by DENTON to allow it to defer construction of Its own treatment capacity or to minimize the amount of reserve capacity constructed in conne:tion 29 32 _Xd~IMMIMI *-3 i therewith. The terms and conditions of such sale by DISTRICT to DENTCN shall to the extent applicable be the same as herein, but may be modified by mutual agreement according to the conditions and circumstances then existing. APTICL! Tilt ?RA Fn OF cvffoM lot Transfer of Corinth a*! jd The DISTRICT acknowledges that the City of Corinth ("Co- rinth') and the Lake Cities Municipal Utility Authority (■L0MO) are existing wholesale customers of DZNTON,1S water system. DENTON acknowledges that Corinth and LCMUA have contracted to be Partici- patina Members of DISTRICT'S Regional Mater Supply System. DO ZON and DISTRICT will cooperate to achieve an orderly transfer of Co- rinth and E40M to DISTRICTtG system when the DISTRICT is ready to serve them, but no sooner than when the DISTRICT installs its first pipeline to serve a participant in the Regional water Supply System other than Corinth or LCMTA, or June i, 1994, whichever date is later. lurthar, DENTON agrees to continue for the Primasy Ten of 1 this Agreement .to transport water throw existing pipelines to Corinth and Lam for DISTRICT if requested by DISTRICT and in ac- 0 cordance with the provisions of section 6.7 and at volumes not to L R • exceed those enumerated in Exhibit A. S.3 neraamisitas of Transfer DENTON shall not transfer its service to Corinth and LCKVA to DISTRICT unless and until Corinth and LCMVA request that DENTON 30 33 !'MµMW rW! . _s terminate their respective water purchase contracts with DENTON and that they be transferred to DISTRICT as DISTRICT'S customers. Such transfer shall also not take effect if there is, at the time of the proposed date of transfer, anv existinq or thrsai.ened litigation or active disagreement between DISTRICT and DENTON concerning any pro- vision in this or in any other agreement between the two parties, or any existing or threatened litigation or active disagreement be- tween DENTON and Corinth or LCNOA regarding any matter. LRTICLS II RATER VIM STANDARDS ANA gamy Dma ailieemee !e Peet lsaiti atamea:as 9.1 ( For the protection of the health of all consumers supplied ` with water from the water system of Dal1'ON, DISTRICT and 01WM ageas to use due diligence to comply with state of Tama Department of Health standards and to guard carefully against all forms of oontamination to their respective water systems. If at any time contamination of DUMMO S Treatment or Tranaission system should occur, to the extent that city, state, or federal regulators be- lieve that human health is affected, the water sapply to the area or areas affected shall be immediately shut off or regulated and remain so until such conditions shall have been abated and the wa- ter declare. again safe and tit foz human consumptiot. by properly • constituted governmental health agencies having jurisdiction there- L • • of. It at any time contamination of DISTRICT'S treatment or trans- mission system should occur, to the extent that city, state, or federal regulators believe that human health is affected, DENTON may temporarily discontinue flows from DISTRICT and the water $up- 24 ply to the area or areas affected shall be immediately shut off or regulated and remain so until such conditions shall have been abated and the water declared again safe and fit for human consump- tion by properly constituted governmental health agencies having jurisdiction thereof. During such temporary discontinuance, DkMN may provide water supplies from DEMN'S plants, to DISTRIM's cus- toners receiving water service through DENTON"S Transmission Sys- too. Such supply shall be subject to DEN'i'ON'S determination, at its discretion, of its ability to provide such service. DISTRICT agrees to pay for such supplies at a price per thousand gallons equal to the average price of DENTON$$ largest retail voter C customer. s.a i~9ilRl3•Rtt DENTON expressly reserves the right to discontinue tem- porarily, after notice to DISTRICT, the supply of water to any of the pipes laid or to be laid by DISTRICT whenever it is necessary to do so to insure proper operation of the DENTON water system, or j for noncompliance with any provision of this Agreement. In such instance, no claim for damage for such disoontinuanos or curtail- • sent shall be made by DISTRICT against Dlil=4 AMC B i BMIM AND sa~nmre • 30.3 w~ ~ • DENTON shall render bills monthly for treatment and trans- mission charges incurred by DISTRICT under this Agreement by the tenth (10th) day of each month. Bills shall be due and payable upon receipt by DISTRICT. 32 35 ~«w i 1042 Psammt ta3memt and DJUMted sills. DISTRICT shall make payments to DENTON within 20 calendar days of the data a bill for service is rendered. It DISTRICT at any time disputes the amount to be paid by it to DENTON# DISTRICT shall nevertheless promptly make such payment or payments; but, If it is subsequently determined by agreement or court decision that such disputed payments should have been less, or more, the amount shall be promptly adjusted. The charges shall be adjusted in such manner that DISTRICT will recover its overpayment or DEIPION will recover the amount due it. All amounts due and owing to any Party shall, if not paid when due, bear interest at the rate of tan per- cent (lot( per annum from the date when due until paid. AMCM ZZ dI~L VOGMIGw ONION and the DISTRICT hereby covenant and agree as fol- lowst a) Zaok Party to this Agreement warrants that its actions in executing and entering into this Agree- sent have been duly authorised in a manner that follows the laws applicable to it. b) Zack Party to this Agreement warrants that It shall i, • promptly and with all due diligence, acting jointly or individually as say be appropriate, take all ( necessary actions and endeavor to obtain all requ- latory approvals, licenses, orders and permits necessary to carry out its obligations under this 33 f b ~ ~V^ r4 ty y r rl L k . s. • _ .~.-...,ate..-. r...._,. Agreement. 11.2 sereiek sasaatiai amd Yaeeee = DISTRICT represents and warrants to DENTON that the ser- vices to be rendered by DISTRICT to its customers as result of this Agreement are essential and necessary to the operation of its customers. DISTRICT agrees to require in all of its contracts with its customers, the language contained in Exhibit H, which language is intended to protect the tax exempt status of future revenue bonds to be issued by DENTON and DISTRICT. 11.! Hraiaetiem asi IIsfamlt Should DISTRICT fail, refuse or neglect to pay any bill for water treatment services or water transmission services within sixty (60) days of the data due or should it refuse, neglect, or fail to comply with or parton any of the ebnditiona on its part required to be compiled with or performed hereunder, the DISTRICT shall be in default. It after such default, DXKVW shall deliver to DISTRICT, addressed to the bacutive Director of DISTRICT, a notice in writing of its intent to terminate the treatment or transmission of water on account of such failure, refusal or m- • glect, then DEMON shall have the right to terminate the treatment ` and transmission of water at the expiration of thirty (30) days after the givirq of such notice and to terminate this Agraeasnt, y g unless within thirty (30) days DISTRICT shall make good such t i failure, refusal or neglect. If DISTRICT pays or performs within { the thirty-day (30) period the default shall cuss to exist. The termination of this Agreement, as provided herein, shall not re- lease DISTRICT from its obligation to make payments of any amounts 34 3'7 • due or to become due in accordance with the terms hereof. 11.4 fates Mai&=e If, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunctions acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agree- ment, then the respective Party's obligations hereunder shall be suspended during such period. lies 6iahilitr mad eLias Except for the actions or inactions described and die- claimed in paragraph 11.6. which are expressly excluded from this. C indemnity, DZWWN agrees to hold harmless and defend DIVMICT, it officers and employees, from any claim of injuries, damages or losses that arises from as.v act, omission or negligence of DMK*N, its offloars or employees, in the operation of any facilities owned by DXWM and used under this Agreement, unless said injuries, dam- ages or losses result froa the negligence of DISTRICT. DISTRICT agrees to hold harmless and defend DENTON, its • officers and employees, from any claims for injuries, damages or losses that arises from any act, emission or negligence of DIS- TRICT, its officers or employees, arising from the performance of their Agreement, unless said injuries, damages or losses result • a from the sole negligence of DENM. ` • J 11.6 La^mLti sf other fsneind C DENTdN shall not be liable in any event for the non- availability of treatment services hereunder due to the inability of DRMN to perform any obligation under this Agreement for ren- - 35 3 8 • seas beyond its control, including rules or regulations or other governmental agencies. 11.7 A2Mfi ility Should this Agreement, or any provision thereof be, or found to be, in violation of any applicable law or requlation, either Party, upon reasonable notice to the other, may terminate this Agreement, or upon the mutual consent of each party, this Agreement may be amended so as to be in compliance with such law or regulation. 11. • atti~■v~ Neither DWrWK nor the DIOnXCT shall assign or transfer C in whole or in part the rights and privileges granted in this Agreement without first obtaining the written consent of the other Party. 11.f I This Agreement embodies the whole agreement of the Par- ties. Tbere are no promises, terms, conditions, or obligations other than those oontaLned herein. This Agreement shall supersede all previous commmnioations, representations, or agreements, either verbal or written, between the Parties, and all modifications of r . this Agreement shall be in writing and approved by both Partin. I E All amounts due under this Agreement shall be paid and be fl • due in Denton County, Texas. it is specifically agreed among the Parties that Denton County, Texas, is the place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall 36 3~ { r • be brought in Denton County, Texas. 31.11 ThirQ • jessficiariss This Agreement is solely intended for the benefit of the Parties hereto and is not intender to and shall not be construed to be for the benefit of any individual or create any duty on behalf of DZNTON or DISTRICT to any third party. 31.11 MILM Any notice, request for information or other document to be given hereunder to any of the Parties hereto by the other Psrty shall be in writing and shall be hand-delivered or sent by certi- fied or registered mil, postage prepaid, requesting evidence of C receipt as foliowas a) It to DSMTOII. Addressed tot City of Dutton Attentions City Manager 215 test McKinney City of Denton, Texas 76201 b) It to DISTRICT, Addressed toe 1 Dow Trinity Regional Mater District Attention: Exomtive Director Poet Ottios Drawer 305 Levisviile, Texas 75047 • tither party may change the address for notice above by J certified sell to the other Party at any time. 31.13 C.A§IL Y • fte captions of the various sections and paragraphs! nersin • O are intended for convenience or reference only and @%a)! not dtf ins J or licit any of the terms or provisians hereof. 11.14 4otermiaa Lars This Agreement shall in all respects be governed by as.d 37 ..r.....-r--'- Xis` , • Aft r construed in accordance with the lava of the State of Texas, in- cludinq all matters of construction, validity and performance. 11.15 Governmental mmuaity Not Waived Neither DEMN nor DISTRICT waives, nor shall be does" hereby to waive, any immunity or defense that would otherwise be available to it aqainst claims made or arisinq from any act or omission resultinq from the Agreement. 11. IS The waiver by DEMN of any breach of any provision con- tained in this Agreement shall not be desmed to be a waiver of such provision for any subsequent breach of the same or any other provision. AMCU loll Oi COMlRAt'! i U61 ■!lestive >r!• i Upon execution by both Partiest this Agreement shall be come effective upon the data tint written above. ii.! •asmt ter lammsrarv, utaaria se:.iees The provisions for temporary or interim services shall terminate aooording to the applicable sections of this Agreement 1 and the detimition of Interim Period in Article I. 1a.s~ • The Primary Term of this Agreement shall be twenty (20) • • years and shall terminate twenty (20) years attar the data of this Agreement. This Agreement may be renewed for a subsequent twenty (20) year period (the Renewal Term) it agreed to in writing by both Parties at least five (5) years prior to the termination datet pro- 38 r r I ~..r r..,.......n..~n............~...r.`n....~.w w......,~: .-.....r.~ n...r~r:.+~i:rA.w y+~'I- * r•~+w' 1 vided that either P'rdty say terminate the Renwal Term at any time during the Renewal Term by giving the other party live years' no- tice. IN WITNESS WHEREOF, the Parties hereto have caused this Agree- ment to be executed by their respective duly-authorised officers in multiple originals as o! the data and year first above written. CITY Ot DO MW, TEXAS t F ' sob Castleberry, Nayor ATTXVT s Jennifer Walters, City secretary bY: APPYAMM AS TO L10AL 1wut: Debra A. Drayevitche City Attorney BY: APPYOM Af TO L1M IMs Llo;'Er P~a~rleY, levins bY: • GPM T1IUI?Y R1 lam , NATb1 Otemc! f Jim Earloviob, h sidert board of Directors - AT'TEST: • Tom Harpool, Secretary board of Directors ~ ~ k Y' rr r ~ t k .r . r. kS' kid ti C° a,y^ r . i.t"1t~ .v~' Y~4<}4 i s>t~ efa r i~11 , a.. 7~ 7 • i ~i i %~rw~~,. ~ Vi! 7 d' V ~ ~ h 7 q !*l I`~ ry XIS' w~ t J tw ~ `3 y r ~ . :~V. .:ub 'J _ . . • r• i ~ • , 1. S ~ \ Q ~ hf 1 1 .\i r •r ~,'••s. . i n r •wn ~,,ry,R•.~.~wW~v~rH Vas urwYwww Yiwww~~.Mw~'.Mr. ~ ~O~w41rMYMw:wrM~~.M~VYWY ~ ~YY .~I . -ohm f V. ! APPROVED M TO t x.RORIls John F. Boyle, Jr., Attorney livtchiwn, Boyle, Brooks i Fisher k i t ` . 1: • 4 f y A ~`~Yrf 0.I - r u h.. 4~ '~n } , v ,~iji•~ x Ili 1• 40 t ` ? it n~~CNi',,~ ptiy k `Y ti~j'~ { cc~`, rid.y ) , 1, ...x P ;Ix r,if z 'w'"•l~'t tEr >s t ~s'(~y} eF , ~ r , ti , u , i r S'. ~ ~ N~ a' e +n 4.. .e _f Pi, r~~'~~1M1~4'.~j1~Y! i aai11? a ~ pp Palm of Da amy maim i 422"Lga Interstate Highwr Loop tea 4.0 aqd " U-9- Hi p' ghway 380 ; 286 1.0 aqd Interstate Highway » 6 u.s. Highway 77 .5 sgd New Denton Mater Plant at Lake Ray Roberts 4.0 aqd (When Coaplete) t U. S. Highway 177.6 AT 6 a1 Rallread 10020 a' ! ddsting Delivery Point for Corinth 1.S aqd bristinq Delivery Point for Lake Cities 11oR 140 sqa , Any charges to the above volumes or delivery Point+ or +al► sddi- tional allocation of trammission swvioe velnaas sad deliveries eaall be sebieet to written appsoval by Dar=. '!hn antiara deliverability at each Point of Delivuy does net represent the f cumulative deliverability, tar all Points of Delivery. > J' 1 ' S • it e Ai ,t[[[' ` t 4 y °'t ` ~w ti nip ~p ,p 11, 7 0 • • sass=~ s .Each of the Participating Members, respectively, represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary "operating expenses" of its combined waterworks and sewer system, as defined in Vernon's Ann. Tem. Civ. St. Article 1113, and that all such payments will be made from the revenues of its combined waterworks and seer system or any other lawful source. Participating Members, respectively, represent and have determined that the treated water supply to be obtained from the System, including the Project and other System facilities, is absolutely necessary and essential to the present and future operation of its water system and that the S;stem is the best long-term source at supply of treated water therefore, and accordingly, all payments required by this contract to be made by each Participating Member shall constitute reasonable and necessary operating expenses at its respective system as described above, with the effect that the obligation to make such payments from revenues of such systems shall have priority own any obligation to stela any payments from such revenues (vbetbw of principsl, interest, or otherviae) with respeat to all bonds or other obligations herstatore or.bereafter issued by such Participating Member. 1 Each of the Participating Members agrees throughout the term of this contract to continuously operate and maintain its vatervorks • system, its wastewater (seer) system, or both, and to fix and r collect such rates and charges for water services, wastewater i (sear) services ear both to be supplied by its system as systems as aforesaid as will produce revenues in an amount equal to at least (1) all of the expanses of operation and maintenance expenses of O 0 • such system or _pystsms, including specifically, its payments under this Contract, vM (li) all other amounts as required by law and the provisions of the ordinance or resolutions authorising its revenue bonus or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest ~S 42 I 1 j ~f. \ v~Y Y _ ~.St.\ I + A ly ~fi~ " t, ~ bum} '+°r.~'~r k,5 :f ~~tc'+Y fftyf tF~^ylf 11ks6 A ~~%t~ 5,.1 7 on such bonds and Oar obligations. The - Diatrict covenants and &Woes that neither the proceeds from the sale of the Bonds, nor the moneys paid it pursuant to this Contract, nor any earnings from the investment of any of the fore- going, will be used for any purposes, except those directly relat- ing to the systeat and the Bonds as provided in this Contractl pro- vided that the District may rebate any excess arbittrage earnings from such investment earnings to the United states of America in ( order to prevent any Bonds from becoming "arbitrage bonds* within r: the meaning of the internal Revenue Cods of 19B6 (the *Code*) at any amendments thereto in offset on the date of issue or sorb r Bonds. tach of the Participating members covenants and agrees that it will not use or permit the use of the System in any manner that k would Qause the interMt on ~ any of the Bonds to be Or become anh- r ject to federal income taxation under the Code or any amendments thersto in effect an the date of such songs. D C a . 5 N:R l ( ' ~r JY~ t 5r~ x w r~ • it ~ ~ • `tom 43 ~y~e S f~f~f /Ir e • ' :p / '.'t 5r N "V , rr„ t t` ~ .`f F V ~ t i { . ✓ y ~ 5. i a~ 1 C ADDENDUM TO JOINT OVIkRSHIP AND OPERATIONS CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT RE ARDINC- PARTICIPATION IN SANGER TRANSAUSION LINE THE STATE OF TEXAS S f COUNTY OF DENTON f TTk AddwKk n (Ohs'AddardwW) to an existing aorwact *W a JOINT OWNERSW AND OPERATIONS OONTRACT, dated May S. IM. (ft aCanwcr) by and Mlwosn UPPER T F&M REGIONAL WATER DISTRICT, (dw'Oi*W), a oonsarvabon and -oft N w dh- w ersai pursuant to ArWo XVI, Soodon SO of the ConsbtuUorr of tM Sgrts of Taxes, and tM CITY OF SON 1'Dwftm% a muadpst mrp«stion, la rtads and approved ar a the df► a Iti+ob (tM -Dsts a AdOwmim') WNW". Owdon and Dism &to trap dw May 6, im Joint Owner w sn0 Opsrsdons Conbsx;! (tM'CorMracr) to joirMly davNop and apsrals a wslsr barartassion Gns (tM G 'Joint Transmission IJW) ham tM vick* of UTTM MEW Parkwry and IrMsrslatas W, and • axtsndrq w w* along Lean Misr Parkway to ft vit** of Old Anton Road near tM south dly Gnats of Donlon; and i WNEPMM. a xabucbon of to Joint Transmissm Lkw hes bow aampMtsd and the Gna Is • operating satisraaor* and t` . `t 44 r . ''P•` .Y o.' t~~ Y } M has °kal r.rF1~~ ~~3Y'.r e~~,U i~t~ 1.*. • • AMwi,r CMM e.w. ay M Sao" W VTWWD Arw Tnrni in ILA J WHEREAS, the District is planning to oonstnuct another transmission line (the 'Sanger Transmission Line') that wig conned to the north portion d the Denton water distribution system in the vicinity of Loop 280 and interstate Kghwev 35, extending generary a" IMS to the city of Sanger. and WHEREAS, the Sanger Transmission Line and its connection to the Denton system we oxhor¢ed under s oertok contr act for Water Treatment end Transmission Services doted July 21, 1 m between Denf and Oistrkk end, aaoording to sold aoMract, 'Demon may penrl1 4 1 at b option, in the aipibd and aper -0 aoot d said is p 0 - booed upon ps poporfiaMb share of the ovord hansadosiott wpm* of the ins, up to the IM* d Den 5 *Ardwrbww juds6dion.• tiNg11MAS, M sold Juty 21, 1t1g2 contract Denton stoned to provide transmission servko C for District hector tt ough the Denton webr system to On Saga Tnmsmi Wm Line and to other delivery points on Dmm's waster system; and WHEREAS. Donlon desirees to patidpete M the cepocky and proportionate oat d the Sanger Trananission Line to be constructed by then! Mr! ; and WHEREAS. Deft and Destrkt desire to onoblo such perticipatior1 in the Sw*w Transmssion Line by this Addendtm to the Ca *ock and • WHEREAS, Donlon hu epreed by soprate aontraot to convey to District oataM pipelkn iodides eesodded adth vaster sere ce to C4 of Co&M std Woe C An Mw*ipel U ft Auth and Om im end District dalra to more- Denton's shore of ft J*d Transmission LMe in l.u'iien Miller Parkway ins consideration for soil propert y being convey*, end • O O WHEREAS, Denton and Distrld desire to implemat such oUha cantrad provisions as nrrii enable joint paNi ipotion in the Soper Transmission Lino and to provide $or the District to purdme treated water from Denton for resole to Sanger. E; 45 • • AUWwMr Go*" 6000" pM d pare r" urn" Reewid" firer TMOWAMM ur. Pop 7 NOW. THEREFORE, in oonsidention of the mutual covenants and agrme111110"s herein oontained, the Distrid agrees to use As best efforls to design, construct and oomplete the Sangr Transmission line upon and subject to the terms of the Corhtract rid this Addendum as heninaRm set forth, to-wit: AGREEMEN seed" 1.0. That the nieft sfetW b the praarttbfe hereof as trw grid 001, end are irhoorporsted into the body d this Addendum a if 00pied in their entirely. seeder 1.1. UM efA"adta The prvA6ons d the COnbad shal fenwh in U fbrve and effect a wpptamritW by the Addendum. Furthr, Dw*n and Dfatfact spree to add the provisions of thla Addendum to preside for joint F - dtl potion by Doi fort and D1*1d in the srhgr Trrhamiseion LIN WA 10 V=600 Derhtorh's shred the Join Transnhission Lkw a 18114- in F~ l l A (Revised) aMadwd th«M0 and incorporated hrmin for al Mposes. seelfoa 1.L Distract and lJerNOn aprme tlat DrMOrh'a parbdpation h the qwW Trranhisdbn L1rhe wil kweae Oritori's parucipedw in"Repiahd Treated Waw Pt Pict a spaded in the Cor&w oNY a prwide0 ahereNi. • a) Dentott's p -11PIF -I m inthe Regional Treed Water Prvjad wM h* lM by the defW &mu d fib prtapatbn inthe 8rger Tnwdmfsabn Lkw. and r b) Derhw wi gain a greater scam of the Repioaat Traded Water Ptvjed by the agreement herein to kcresse 0enton's afhare of the Joint TranarhMaeiorh Line. • • • Seaden 1.7. in sauff Denton who participate an a pro rata basis in tM Sanger Transmission line in daadwx* with the lirids, sae and capecMes spedfod in Exhibit C and with Cost participation a specified in Exhibit 0, hereto, which Exhibits we incorporated into this Addandrn and the Corkred for aP purposes. The Sanger Transmission line shall be designed and coned by the Oistrid. qq 46 .p.... r t AtlWmrC Mwor of d aofts rl YfraYq ~ Ay $NNW bwwAdw toe Seetlon 1A. DiWid sprees to provide for the Sanger Transmission Line between the points aid Wong the general rate and for the apecitiea delineated in Ed" C. Denton may transport water for its own use through the Serper Transmission tine up to tM peak dey capacities provided for in Exhbit C. seeYen 1.~. 0 - erW Dhtrfd admwWpe and apse to the sputa poviabns Hosted to the Sanpsr Transmission Line which are ad forth in On altadod EodM D. which E* U is inoapa @ted irdo this Addendum and the Contrail For r purposes. seed" 1s. >ts As paced lnthe J* 21, 11102 aortrad at ms - n- m l , and OWd, Deraoe ied%-- b C aprssmsnR to ed wholede hseled wdw b Disbid for ddmy and roe& to Sanper. Such s" of wder by Deebn shat be on a wI A I bass in aooor*vm with said July 21, 1902 CaWact as amended or rAviw acted. $*Oll a 1.7 frir~t2ilerful Der -M my prepay or py tM m minMtp batenee d b share of eaplal cost partieipe6 , in the Sarpsr Tararieebn Lkw orths Jobt TmnunbNbn Lkee d Isly (bete. The amount of such early paymera ws be equd loft unpaid bsanoe inckrdrp any dNertad arttoerrh. sedbet 1.R IJM~1il~10lllttilrs Thie Adbndm she0 be effeaNe on and Prom the Deb of Addenant. Tile Wm Owmal shah be the same as the term of the Centred and any rereew~b tlrusof. ~ ~ tr tr 47 S . • ~.~~n•y. ~'r , i%4 n."• ~ 4~I.7^. "v't~43x,iti .~'.{~~J•;~t t'~r .~.'~~.f~. •,'y l ri.. , 'i . i rx,r` • ...,.....•.,r....u..,x.r.n.~...•.v.~.r~.W~...wuw~~..r•roVrw^iew..u.....nMV~rv. na~aWUR4'WI./R►'+MiWY.M4rM'.MNiNY~YYfI~O' j`!r - Adfi"m%C"%j4%w. cat1or.~VMM ~wM&WWrf .ngi=UN •T IN WITNESS WHEREOF, the parties hereto acting under suftrity d their respective govern V bodes have caused this Addendum to be duly executed in several counterparts, each of whch shod constitute an anginal. all as of the dsy and year first above written, which is the Date of Addendum. SUPPER. TRINITY REE WA ER DISTRICT .1 Richard Huclumby Presiders, Board of Dnctore OWL Will" Of o+re ors A111 TO AND 1.12ALITY- John F. Boyle. Jr., Camel r the District i { CITY OF DENTM TEXAS Ted BMISIvi4 (MY AAW"W ATTEST: • Jenn W Wafters, CITY $sa"V r1 5 APPROVED AS TO LEGAL FORMA: r • O Herb Prouty, City Attorney 51 48 ~pI K r s ~'L~IF • .r_~.. a•,.P sr~,r"I` , ~r: 1Z: ~0w ns 'li .5. ~'y • ...._.,_..~,.....,«..,...».«....+~...r.. w..r ~........u.r..~~....u. - -~+-~.y.yyryy~yprrj~~igv Mrmr YCOMMA MANOR qr M Owkajod VYWM oM+aq b+Fr TrriwlyM V~ ~l yA~ _ EXHIBIT B E*ibft B as contained In the original Contract shall remain valid and in eReck Said ftbit is modified or suppMnm tad only t:, du wdM provided in this AddaMum. i L 7 , i f Y 5 P ~ r ~I+ 49 52.. ~r n't" r +N! 6 \ i , ~ r ~ ~K e,:} ~ t r y: a ♦ p;~r 4r E ~ .h n , 7u ~ rti r '4 5 r a js' ky4 ~i. ~1 ....._,.......n..,n.~..u_._wrr..~.. n+.....o..... rw.~.r•~ ..~..non.._wu~n.w.~.~~arY«i1~+..w wtlUiMMa).lV'S.A3WM ILO.W. I to' r.n.wA1 27' DIA. ~0' Cuwbvcticn 0 - 14.3 MGD g Raa ti 7 Qly RYO~n1iM 'R(n iP Ivewrnl - or c«w1nRtwn NOT TO SCALE tO or reu= GENERALLY KLOfNG UWAN MILLER PKWY/ 20• aA PIl 2181 FROM MTERSTATE HIGHWAY 358 0 = 6.5 MGo TO OLD ALTON Rra1 2 FROM !i 3SE TO FM 2181 Law 20' OM FROM FM 2181 TO RYAN ROAD 18' OUL FROM RYAN ROAD TO OLD ALTON CALCULMED CAPACITY OF 2Y DIA_ W TOTAL ■ 14.3 MOO RAW DENTON WARE UTM SHARE . 2i 3X (3,4 YM1) ti~~ is• 01A. c+ww~ew rA! PLAT[D CA_EAUE 9 2W 2 M 0 . 4.9 MM ENT ARE - 39.91 (2.4 MOD) ' DEDTOON SN UTRWD SHARE - 8a1x 49 MOD) NoooRY Rea { ~u n■.tEe ~AOAaYY a< LM e~._ PIPE: TOTAL - 4.8 MOD DENTON SNAIC - ON (0.0 MOD) DEUVEAY UTRND HARE - 1003 (4.9 MOD) POINT • APPRO IF OF 27' DIA APPROMATELY 5.400 L.F OF 20' 04A. o APPROXMAATELY 6.500 LF OF 18' OIA. ~ t Y~I ~ I a t C EXHIBIT A REVISED" r JOINT TRANSMISSION LINE UPPER TRINITY REGIONAL WATEs ISTRICF REGIONAL TREATED WATER MR&CT Jr' PHASE to PIPELINES T i '3 N '.a c Y k'a A~ 4 ~,i 1 't'" - a v^~ r..IJ y o•~; f ~S~rho f,p~ d4v~~ ~~,p~~ ~ ,,}yy Tr lit r EXHIBIT B DOW B as cortt hed In the original Conin d shall amain valid and In elhct Said Exhibit is modified or suppWnented only to the *A@M provided in this /lddwxkm r ` 6 t ~ P. e +AI a it ~t }d ir {7{ t] K t I Y. t Al h cIW~gA~O ' t a 4 51 1. iYt 1 ` ~ f °n~ $C t. ti' Tali KZt V)µ~ 'k ~ ~M1ie~~ ~ S f • • SANGER TRANSMISSION IJN~ Ffl b55 SANGER 0 5000 SCALE SANGER DEUVERY meaga gym. POINT NORTH FROM LOOP 288 ON THE EAST SIDE OF INTERSTATE MWY 35 TO JUST SOUTH OF RECTOR ROAD, EAST ON THE SOUTH SUE OF RECTOR ROAD, THEN NORTH ALONG THE EAST SIDE OF COWNJG ROAD NORTH TO REC 12" 0M PIPE THE eff.SAANNGER DELIVERY POINT. ROAD TO - 11 Oul FROM CCINNECTION POINT TO OELIIERY POINT. 122' DIA. FROM uL M ROAD TO SANOQI DEUvERY. 1~ f f.ILCLILwTEn CAP691Y OF ~ DEUVEAY POINT IaTeurL P+r~ ~'~•1} 3.23 MOD METER) ' NT1AR 7O1A4 - oi11TON SlwrE - SOX (I.sts MM) 1A I (f!A 3163 MIND SHARE - 41X (1.3] Mme) R AD M PPELIM~ La'Ni=TI±• APPX 17,000 LF Of 16' DUL PIPE _ APPK 16,500 LF OT 12' OUL PIPE GANZER ! NMI ROAD + 0041111T ILLUSTRATES APPROMATE ROUTE OF THEE 16" DIA. PIPE a - / PROPOSED PIPELINE. ALONG THE CENEIM ROUTE SHOWN, ACTUAL + LOCAbON -7F THE PIPELINE MAY VARY FOR ENGINEERING OR OTHER ' TE(HIHICAL PIPELINE REASONS. IF ACTUAL PPELINE • SIZES OR LENGTHS VARY, BY MUTUAL AGREEMENT, • • J THE SHARE PERCEN'AGES SHALL yK REMAIN THE SAME. 117 ~j LOOP 288 EXhlBr► C ~i PIPEUNE LIMITS pp \ ~ DENTON CONNECTION POINT I AND CAPACITIES INITIAL o = 3.25 Mco H • EXHIBIT D TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR PARTICIPATION IN THE SANGER TRANSMISSION LINE SPECIAL PROVISIONS REt34RDIN0 PARTICIPATION The provisions of this 'Exhlibit D' form a W of the Contract and are Wkable to the Upper Trinity Regional Water District (the 'Disfricr) and to the City of Denton ('Denton] as if set forth in their entirety In the body of ft contra f. The Disuld will construct the Sanger Trarm"alon lane as a part of ft Project as darted in ft Canted. The Dhlrid will own the Sanger Tmw*sdan Line, 4dudirq the right-of-way. except as otlnrvAss provided her for Denim Is shw of IM Ilse. The DbMd will cowdlnrte routing, design and fthl-ohway aoquisiton with Denton. Willi the City Limb of Denton, the Oletrkd a imprvverrwMs shall not unduly cortlld with any Dentate masbr plan far jand develimem Oatrid and DerMort apse to caordirwts hraaa joint uee of said AphI*4-walr w4ft Oadah for undergrowid uMMse. District and Denlort spree to coordlnew arranpertwks ran parallel or adjaHrq in i am and other riphta4vay, incko ft edprvcal use of such easemerm and rfphtto -w" for temporary use durtnp consimclian. ouMne of - mugrw nm* terwm and for other mamly bwwdcW pwpoeca. 2. It is aK*i y speed that, within Its d we of the easenwht at eght4"" for tlha Sanger Transmission Lbw„ no Imt shall have the rtpM to Instil MA mairksh other water lines. A as wet as sawar, underprvtrhd eMctrk and telecortxrnrhica4on faoilee awned by Denton. . 3. TM District " provids tlw funds to design ft Sanger Transmission Line mrluding acquisition of riphtsd~way. The size cf the fine and capadMee i . the Inc for Denton • and District, respectively, shall condone to the requirertNnb of Exhibit C. thereto. • • 4. After design of the'Sanger Transmisvon Line has been con*Wed and after ' approval by Denton, the District shah take competitive bids for construction. After receipt of bids and before a contract (or contracts) for construction is awarded. the OWbid shall gha Denton i 5~ 53 • e • esi~e +u+.rr r ewwe Mrs e q r ew~l~ urnwo A q..ry V w Tnwd~Wa air ►ew 0 written r otice of the District's recommendation regarding award of oontrsd(s) and of Demon's share of the proposed contract to be awarded. Unless Denton sleds the fuuncing option described in Paragraph 5 Following, Denton shalf deposit with the District, within forty-five (45) days, its pro rata share of the proposed . onstructicn cost for the Ungar Transmission Line plus the cost of special appurtenances, if any, requested by and for Demon. The funds so deposited by Denton for construction shelf be placed In an interest bearing construction account by District The District may withdraw funds from tM constriction account as required to make progress and final payment socorchng to 1M construction oombad swat dad for the Sanger Trannsmission time. fie Disbid shah maintain sn sooourtting of ed d'aed expendtwea for rights of way and for design and constriction of ft Satgar Transmission Una, incbding engtrwalig and geotedwkel services during construction. Upon completion of oonstnaaiom, Denton apneas to pay fis share, if any, of conh change order, died services during aoostrucWt or extra Oostf regtwed to / complete the Sanger Transmission Line. After payment for loupe orders, eerOM during l_ consivoction or extra costs, any wrplu: finds rernwing in the lift eel boring account shat) be returned to Demon at completion of V"'%O ccntrad(s). e. At Demon's option, Dsb1d wOl provide funds to f7oniA4 Derdon's Mars of tM Sanger Trarwrtission Line us P p m 9, rig to the paregraph. Su*d tottm tenns d 1M Contractand thle Addendum, 019M will provide and pay for VM oost of the aoxlurisft% deaign, construction and WW*v*meM of the Sanger Transmilasion Lkw, by leeuing do Sonde in arrow t which win be sufiidertl to scoomphlt such purposes. Denton win make paymerxs as nq&*W to pay ib pro n s share of Ifte Amwel Reu;vMamanf, as provided in Sedfon 5.01 of tM Owdr Cf and ttufs • Addendurn. To dawn*ws Demon's share of the Annual Reglifetftettt for tM Sanger 1 'ransmission line, Diebid wiM cdo elate the Capital Comporam of oost ter Demon's share desembed in Paragraph 4 hereof based on actual costs of completion and ft folawinq scheduM: • Year 1; Capital Component of Cost will be based on the incremental cost (mk*mm • • amount for total incremental cost equals $280,000) to oversize the pipeline from two** (12) inch diameter to sixteen (16) inch diameter for tM interval indicsted in Exhibit C. { Yesn; " thro h 9: Capital Component of Cost wilt be based on a graduated scale in even r increments to transition to a full pro rata cost participation in the tenth (10th) year. 5'1 54 • .<r. trrR e AMU ► Cad Owbo m C; at D UTWMIa Room" BMW rA"WAM"s uN ft" i Year 10 to Roftmenl of Bondi Capital Component of Cost will be based on pro rata share of capacity ■s indicated in Exhibit C. Said capital cost wN include an interest component (at a fate "I to the interest rate applicable to the Bonds Issued to conswa the line) for the amount of pro rals cast deferred under this schedule. Subject to mutual agreement in writing, Denton may pay its share of the Annual Requirement according to an aftemative schedule developed by the Oisbid. After Denton has paid its ful pro rata share and after retirement of Bonds, the Capital Component of Cost will no Iorhger apply. 0. If r" heated in wrtlYhp by the District and agreed to by Denton, Denton may ao*" or purdhaie easements or riglMs of-way within tie City Umils of Denton on bW*N of tM DIOW for the Sanger Trammission Line. Spod kaiy, Denton agree to 00**a of to arrange ON the { dsdcaton of necessary AphwoFwayr or sesernerhts in the Interval from tie Denton Corhrecdon Point to to DeYwry Point rear Milani Road. The 0' h'! will reimburse Denton for alt direct call associated with DeMom's atfoM to acquire said easement mgardess of whWw the eaeame,M Is **My ptadhased. If mWasled by DNMd and ap cad to by Da t . Denton may exerd" Its power of einhoht domain on bdwN of the Dislitt 7. On behalf of OeMOrh all OisMct Owhtam apnea to operate that portion of the Sanger Transmission Lim up to 1M Delivery Point (MOO and to be reeponsible for normal and .cub matrhfuhance of sMd portim of the Sanger Transm ilssion Lie aooordrq to the atendarde • of Demon's own water how. isebn and disbfbuton system. Owewn vA rra+rkain rscads of to advM ooeW4 of such molnW rhoe and will send periodie repo of cost to Diatrkt for nOmburserrent of cost In proportion to resged" share of rated capacity of the pipefirhe aooadhnp to Exhibit C. Dhstrid shah have reasonable access to Denton's records to verily such Cosh. v Oistrkt hereby agrees that it will make payments to Denton acoording to the provisions of sections • • J 5.08 and 5,07 of the Centred, which sections are otherwise applicable to Denton. If. in the { opinion of Denton, extraordinary maintenance such as pipeline replacement exceeding t% of the length of the pipeline is required. Damon shall give vritten notice of such needed replacement 55 • - 0 • • C aw~ra e ngrwa♦ Tw~itlr LM to District, and District and Denton shah mutually deter.nine ~wich party shall take appropriate steps to accomplish such extraordins y maintenance. 8. Prior to oomp kn of construction of the Sanger Transmission Line, Denton's Executive Director of lltg'Aies 04 develop a mutually satisfactxy written procedure for coordinating the operation and maintenance of the Sanger Transmission Una and for each party to no* the other party of any activities which may affect the operations of the other party's system. 9. The Delivery Point for w*W by Derhtah ahM be at a mutually agreeable location at a mid point an the Sanger Transmission lkw at the approximate location down} on Ext" C. 10. AN meta fscfts for the Sanger Transmission line shat conform to Section 4.03. C 'Metering Equ*MW of the Co District shin pay for and WMW approprialle meter to All -s, Inekrdkg rata of flour contrmUr and back-Ibw preverition device at this Delivery Pohl. DOW wit own tlha matertng faaiies and Denton tiri provWe normal maintenance and aibratlon IfN costs of wldoh we eipible for khC IMM In service rates. 11. Denton may purchase the DWWkWs rights, in wftoN or part, In the Sugar Transmission Lkw if DisbK at any futirs time, gives notbe that Its ohm of ft ins is no longer needeJ for District purposes. The price to be paid by Daft to District to purduse any portion of the District's share of it* saga Tra amissim U w under We paragraph }dial bd'equal to • the Orfgkhet cod thorsof for the DIMAcIts shere, less accumulated dapreeiatlon plusa credit (not to exceed acid purchase puts) for reverxws, if any, received by Diati'lcl from Delft and o0ha 1 pubic utilities for use of tM rigMeof vTay hCluded In the Sanger Transrmlaaim Lka. Depreciation expense will be computed on a stral line basis over a period not to exceed thrly (30) years " e for that portion of the pipeline owned by District. For that portion of the pipeline owned by TWDS • • under a State Participation Agreement, depreciation expense shat start vfan the District / purchases the TWDB's interest or No (5) years from date pipeline was first used for public 1 service, whichever date occurs W. 6 55 E • • ~YYY....w.~.w.nr..~ . r Y.' r.. ~,Wq oil i ~~.....e-.f-r•'^-^LT_. ^.^}N'Miy'aW ilr.. _ _ • > n .r..., ..u..u.re~ur n.w.en~np W'~'/t Yf,Y\f. arreD Hb,dw Y COMA aww.. CIr dr 044me.r UT*M N"mmaq SNOW Tmmwftwm L" pop . 12. If Dealon Purchases the Distrids there or any portion thereof of the Sanpsr Transmission Line under ft provisions of this Exhibit, District shelf continue to enjoy certain rights in connection MamwiM; (1) to me" water from Demon, (2) to detiwr water to Denton and (3) todeiiver water to imene" astomm of District alorg the Gne as may be provided by contract; and (4) to haw the right of emergency exchange of water between Denton and District through the pipeline. 13. If Denton desires and requests the ("arid to corwAct kwmvwrwb or Install appurtenances for Denton as part of dw Swgw Transmissbn Lino, wMoh improwrnsnb at appurlerwroa an not atfterwfa needed by DI*K Denbo shelf be capons bie for ft entlre cost of such improvements or appurWwx*s nstMed f« the sole benofR of Demon. 14. In a seprale =*-ad dated July 21, 1902 for WATER TREATMENT AND C TRANSPORTATION SERVICES (a ampplernanh4, DWW agreed to ncrom Demon's stare of the JaW TrararnlsNon Lne, a conslderadon for certain property being owmeyed to DMUC Said r m ed shah sW rat cau-.e un i m us n dm amoum n be paid by Demon for ib shw of Oa AmW Requirmsm for dm Jotrt Trwwdssicn inc. Ranter, tine nor..aed than wit mutt In Donlon having larger capacity In the Joint Trw*Wm ion Line and a oateapon4nq , smalfer than b acquire from Ile DW4 when and R Damon acgalns a * Dhh&Ws share of tle Joint Twanhission Line under ft terms of the Centred. See UM A (Revised) For the revised 1 reaped" sham d the Joni Trrhmhbsion line, • 10, Nolw**wWih0 any provision in this Addendum and Ifs Contract, Daman ahaA hew no rapww bft f« any portion of the R*WW Traded Water Project other fm the Joim Transmission Lira and the Sanger Transmission Line. 0"T*klO04TfalCrAmPr r► aD , 57 /.D t loll o, • UFFER TRINITY REGIONAL WATER DMrCT WZIONAL TREATED WATER SYSTEM CONTRACT FOR ADDITIONAL PARMIPATING MB MER WITH CI1Y OF DENTON 100" TRANSM33SION LINE THE STATE OF TEXAS } } COUNTY OF DENTON ; THIS JOINT OWNERSHIP AND OPERATIONS OONTRA(T (tlw Tootract) made and cowed lam as of the -A¢._ der d I~a ..19,j (the Tontaa Dw'~ by mod. Fwt,Meee UPPER TRBM REGIONAL WATFRI DM RICT, (the Tbtrieeo, a aoasetndoa ad recilmtim dhteict created ptsau m to Article XVI, Sectiaa 39 of tha Condetake of the Stare of Teter, acrd the CITY OF DENMN (TwA=w), which pent may be radaned to birds as'Addkioaal PardetpWq Mather (or Meobsr} WITNESSETM WHERM Deatoa h a du}p 1, , x; orated city d the Stall d Taos apaadaE asda rite Como los and Iswa of the Stars of Tom ad WHEREAS. Down b a praanastai soft is Dsslos Cm" tbat pnoridss mail utility service to eastonoeit within he aanioa area; mod • WHEREAS, am of the purposes br which the Dimiet win ateatad was is provide water trrnmioioa amios to akin acrd ware dbubuti m wain of the Dm m Cmmy tree and ~ WHEREAS, the District proposes to develop a toond tnahd vow clam 6K Pwddpmini Memben and Ontomers, whirs ayatam is piatmed to include raw Ovate tranoissios Ben, water R treatateat piano, pump atatioss, treated water tratrmiadoa liars, stotsSa rash and aaeteriy Gcilitia; i • • and n4tsar oota (o~ . 58 G WHEREAS, the Dbtd a propow to develop the repoeal treated watts system for Partialp ring Member, cww-w cocaumang rod owning such fecan s or through contracts with others; end WHEREAS. Data detira to perticiWA in one of the tnasminioo Moos bang bkQ m pan of the mooed uated water rys•,em, which traosmbsiaa line b referred w herein as the 'Joint Tmumisdoa Lime; end WHEREAS, District has entered Into prior contra, with Puticiperiog Membea (Contract dated Nonaber 13,1990) and with Parti*wjag Udaaies (Coa mot dated Nosatber 2,1990), trader which contmom the District h authorised to eater into wouuu with &Mki=W panics such as this Cootrap; and WHERM the Dbuiet wM samp and opanee, or mew wM otbas for do mmageueot and operatics. of the Joint Tram abioe LAw and 1 C WHEREAS, District propose to aoart w or develop Phua I d Its mooed tea W water sJatem in general aonotdwoe with the mpoeeeieg taporos paepwW by Ain Pitt■aar and Ataodetas, ]ere. is 1942 and plot yew, haai tsgesrad oo u the 7m*iI. sad WI ERZA% Daatw her haterdobre atatnrted a Row Water Sapfiy Cootm t dated Jame 10, 1991 with the Disukt, Is s Putidpstieg hfeaber of the Dletrkt; ad WHEREAS, Dwtoa deehas In 110.1 a an OAddidond Pad*adog MmW for the Joint Tmassib ion LAw as daAa{,h tics Caauack aed • W Daeft wil provide for is own traced water anvioe kow tot owe sow= which are iodepeadmt of the Distrkt; and WIi3' ..AS, the District ad Denton are suthorised to enter into this Gtatract pwtaraot to • the District's wwbIiag ststate, H.B. 3112 (1909 regular uw;oo of the Tau L,eyW m) (dw'AtO • • and Vernon's Ar.>L TaL Civ. St. Mick 4113 (32c) (the 'Interload Cooperation Act'), rod other applicable lawn, and r~xnrrra t 59 ~2 wow% -I t r , 3fr. /~0p~L 0 fcsa,oq 0 h' W*C+` 14 1~.iClkt(4 co~lar pp+tuaC,B~ il(c. • - r rf! T°P&~ i j _ - fr~! ~ ,t j col old I ; 1 t I i 1 r jr Ls. p►►Jy ib F1440 r . b MNrOW 40 C OT' I ~ ~r tJp L~pt -toe gz 1 4 E~, ; r N t>" rns~►, t,ata~c.±{~e ~ :gip. t~ epp aSt~ r Ir Ik-I F - t _ - }n ,l 2 e^ r~~~1 ~ ~ ~ 2 .YIN `f~1~ J _ ~ r!. . T t : r . ~tP+Pf MEN hII~Q IMPPF1 ~4',- •t i 2y a i 1 t t ~a- ' rr (.,Ii s rPY  i : - - -~~C1 Or'- -TA* l'e tx J H TW,T-; LO rwt -14 Now" . Wf~P4 TX s I_ e 4 r, r , tom. CO y ILI Y rti. A t 1 ~ ~ c r1 a rl ; _ ~ ~ t - .1e~~1 r7~e~.`h ~I+f e.7 46+r. v ~ iJ Y '+t, )i ~ 1ti~ S r ♦ if r 1 t r - . n r r 11' 3 ~ 1 r .A!'1 F 4 V 1 , - 1 } 1Y l. ti i r , 1 1 - _..r:. r.> '.7 .-,..a,~... :r-,.~: rr1n.....~t: l' •r ,.r ..v .,.Hy.+n.~r Yi~ty.~ Y'T'+~.Mr.yr f. , r s •i w~8 r~+tc hrc, Itisrs FiNi5f1 lo+pe, opr TO ft-A;- ~►r {a r, 7P Tpap To R6t k.iW 4 11 r I E too g IZAI f I T La>J rr>~; ~t. k I i All - W 3, `~+hfU \ \ AIL F I \04 r r r V 1 ~ cn . ~ _ A. a to. TP I ~o ,At u I' I . I i y},71~~ tA` ~ a• ~ 14 .~.to' i r. ~ !F7; rJ ~•WSET YAf- 042PIrr ('2o%aI*rr~~.~~y' p 4N"r "(xw.r~j 414 o VIP j 0 ~ IG TfIFE ain ~ ~/.icKs.~1 f H'fppl N{ Ll i.C.~ ~ ~ ~'.~~I~~) ,c► N rte., 14ff~, ..~~r~•Te -N~. . et:., TG{~~{nl~! P46: 4*4p> , , f 111 1~~ l~l ~'f~• 7 (.Se[ dx-i-,"~ 1V47 ~d  Y'^ +S-0 r.. , O l L ' 4V Et2INTO p~,l 56 nO.C. Ji} New - r ~J~. Gi.F,t.~~~g~1r.~►~T i a - ~~AHOMR ~Ehp VIA. Tv~aU i j i I y , " .....,K'Y... ~ .:a.Lt 4.Kii la~:a~Yal.Yad'-•Yn.....+'. r.,t ~ tom. C.f~rl~yy i r: .'FRY STREET , , 1 4' rya - f F I - - ................rte„r"'ny •-.•,.,,1 r a 1'_. , i r' i n t { ~6a .bl fs.lbcrilzlG NNr i ~ ~tx+~ FEW ~~a~~~( S~~GI rctd~.. rctd!'.1.,f.~LIL~ ~ _ CI ctllr k{..F: 0 L4!e r ~lilcrt~ !LJW- $Z S , I s r ear qua.. i I r_ ` ~ i i 5 J , d} ! f j i , ~ - - - . ~xi~T'u I u PIMA !i ' - - 1 , , 1r~1r~ I, I.II~,IV~ ♦ t -  ~ I Ct) { q ~ ~n . t , FRY STREET • r R 11 F j It MENEM 1 6. r ~r i t Lhhbm.- • • A ^ WHEREAS, the initial Puticipatiug Members beretofore .paed that the District may corer into such a contract as this Ccatrad with Additionai Participating Members and other Cuuomers; and WHEREAS, it is cgmctad that as soon u practicable after the estxutioo of this Contract, the District will issue an imualkoent of Bonds t•+ p..7vide part of the money to acquire and construct the Project. Wuding the Joint Transmission IJoc, Lod tberealter will b:ue a subsequent install t or imtallmwu of Bonds to complete the acquisition and coashvction of the Project, intruding the Joint Transmissloa Line, with an of said Boob to be pry" froan and seratred by Annual Payments. NOW, 71lFRMRH, in coadderstion of the mutual covenants Lad aprsmeats berries contained, the District apv cs to provide trsmmisioa service of the Project to Denton under this ConUvA and use its bat efforts to issue its Bonds and to aqubv, construct and complete the Project, indoding the Joint Transasimoo IJoe„ upon and subject to the terms and conditions C hereinafter ad brth. "t. ARITCLE I ndb11m Section I.I. The following terms and atprr~ticns a used in this CootrLC; urdem the conteat clearly shows otherwise, shag have the b0owiq mews: 1. "Ace titan A.H. 3112 adopted by the Legislature of the State of Teas In the 1969 rryular session, which wn signed by the Gwie nor and beeaae aftal a Jim 1.41969. • 2 'Additional Participating Member" means Dion and my party other than the WtW Participating Members listed bestirs with which the District sales a coatroct shailr to this ccontract for supplying treated water from the Project, provided that after r~sctrtioa of any such contract such ® party shall beootx one of the Participating Members for all purposes of this Contract Additional • • Participating Members :rjo include Town of Flower Mound and Denton County Fresh Water SuPPIY ow"Iro".t 60 (~3 • e District No. 1, both of whom ewvted contracts with the District after the contract with Initial ParwPating Members. 3. 'Admkistntem Papmeat' meant the attaouat of money to be paid to the District by cub of the Participating Members, P&rWPsdq Utaities, A"tiooal Participating Members, Contract Members and Contract Utilities durieg cub Anneal Pa;,meot Period as tb& proportionate share of Admiaistration and Plaaaing Espeata of the District 4. 'Adjusted Annual Payment' mom the Annual Payment sa adjusted by the Board durioS or after such Annual Payment Period, at Provided by this CQAUKL 5. 'AdministratFv sad Ptssatag Fspcma' mean the p=Woverbad east and e~eaw of msnappag the District, but not iactudi cgx=a related to capital Ixojecta fiosaoad by the District; sucb etpmw sW bxh the admioosrw of the District's Saoeral ofEoe, the w& Wu and mee4laat of the Bawd and the planning activities of the District, to the aetast such prop amt and r WtMtia shag be Ox the amoral we6re of the District; scdvitin and ptostw Ox the beaedt of l spod& Parties and fix speei6e NOW Projects chap, ualm otheesriro oftrived, be the mgomtbiltty of tk baw6ttJng parties, 6. 'Annual Payume mean the amount of tense) to be paid to the DiaWa by Destos during each Annual Payment Period r its p opordoasaa share of the AOMW Regtdrrmeat, *t" proportionate sbare wal be limited to the Joint T assaaieaos L:b& 7. 'Atmnal Psym mt Period' mom the Distria's heal year, w+bith etrrteotiy begins on i • October I of each calendar year and cads on Settemba 30 of the amts fallow%g ealaWar yea, but wbicb may be any Iwdve consecutive month period fixed by the District; and the &A Annual Payment Period under this Contract is estimated to be the period of Otx.,oa 1, 1991, through • September 304 1992 O J & 'Annual Requirement' mans the total amount of mooey required for District to pay C all Gperatioc lad Maintenance Fipeates of the Joist Transmitting Uwe, and to pay the flood rPL10Y aar1 61 I ~o ~ 1 e e Service Component of the Annual Requirement as described heteiaahet including debt service on its Honda, sad any sums mq*ed to pay or restore any amounts required to be deposited in any special or reserve Wads required to be established idler mAWUlaed by the provisions of the Bond Resolutions. 9. 'board' means the govemiag body of the District. IM 'boardmembee means a member of the Hoard. 11. 'Hood Resolut;W mean any molutW of the Distinct which authorim any Boo& 12 'Hoods' maar all boo& hereafter issued by the Mulct, whether is ooe or more series a issues, and the interest dmwc, to acquire, ooatevet and complete the Ptgact, sad any bonds issued to rc&ad any book or to refund any such rem boo& 11 'Caatract Member' taeam as entity that prow idaa reW Why service or is UkWg definitive steps to provide retar7 utbity service to antamem withle for boundaries, that cootru is with _ the Dbuia to preserve the opdoo to become a Parti*tWg Member prior to June 16, 1999, and that apes to pry an aim W pro rata share of the Adsialaorative sad Ptamiog 13~eoses of the Distria. 14. T mW moon Denton Couoty, Tess 13. Twu mer• memos soy wbakule user of the water services provided by the Diaries which user p uv" retail uci l service within its bouodariea. 16, %5m mw Advisory Cowwr a'Cavort!' macs the oommidw to be seated to coaauh with and advise the Disaia with respect to the hcject to provided is this Cootnd. 17 . 'District' mom the Upper Trinity Rs&sd Water Dina, a coasemtioa and reclamation district pmuaat to Artkk XVI, Section 39 of the CocWtutioo of the State of Tags 9 created in aooordaoce with the Act. t 62 y 0 • • 18, 'Initial Participating Member(s)' meam those jove nmestal entities wbo emcuted a mtm dated November 13. OK as ameoded, namely, city of Corintb, (Sty of Highland tlipaje, Lake Cities Municipal Utility Autbority, and Qty of SAW. 19. ')pint Tranimissioo Lice' mem the proposed seater trammissioo tine and related facilities (including associated ememeaw and rights of way) that will connect to Deaton't ennistiog water dutnbutioo system near Interstate Highway 35E and wn'J be extended generally 9104 LOAD Mulct Parkway to the vicinity of Old Alton Road as ad forth In Exhibit A to this Contras. 20. 'MGD' is an abbrrvistioo for 'mtbioo p loos of an per days. 21. 'Operatics acid Mainteaana E~earss' means d aimakiwratre and plaaniog t>;emes and d coot and expenses of operation and malatcoaooe of the Joint Tram" m Lae, including (fa greater certainty but without limbleg the poera ty of the kragoiog) repair and repW=mtk apffadq Penosod the and at utt MOS, the Cods Of aspeeribo, eogiaeMM& ( aooountmg, sudhing, legal uivices, houraooe pemitnxs, P40es, services, tim of the Joint \ Trammadoe Lhte, AdmW**Ow and Planning 8" m and egtsip■eo- necessary for pernpur operation and mainoeoaone of the Joist Trammiladoo Lhse, and paymm s made by District in mWeedon of 1WPmob muklog km dates not cc a by Dbtriet'a iesntrsseI a;idog is counecdon with the aogtdsidos, aomtrucdm opendon, rod meietmum of the Jubd'I rammissioa Line. The term aho isehdm the dmrges of the batch or blab acting ss paying seen aadrbr rep fior any Dosdt The tetra does no fodude depeedatioa expems e 22. 'fsstiafpedOg Member' means s Vverassental eaasity that peovfla rotail utility aeMne or is tatting delinttk step to provide retasl udity service to amtomen wkbis ib bot adaria that contracts with the District for the aaquisitioq construction, improvement, enlargement, and payment b for the water projects to be aunced from time to time by the District, and spetdFtally includes • Denton and those entities ideatified'as Initial Participating Members in this Contras. ~J nat+sar.ooz.n 63 • i 23. 'raged' mans Phase I of the Nvici's regional treated water system, genemuy as outlined in the engineering report preparM by Alan Plummer and Assocism Inc dated June 1992 24. cutemean the State o(Tesma 23. 'Water Year moans the period of June I of rut akadar year through May 31 of the cat following calendar year. ARTICLE lI Board of DErectm Session 201. Board R==Wfia The governing body of each Contract Member, each Participating Member and the County are entitled to appoint a qualified person to serve on the Board. Denton b spedilal y Induded in this prvvisioeL Seaioo 2.02 AMLYgIs Bosrdoembas appointed by the '"slog body a(hrtiapatiog Members shall be ftl* d to vote on d matters coming before the Bootd. Dowdtmewbers appoin ted by the governing body of Contract Member: shat be entitled to vote as d =am before the Basd 9=ept tbose matters that require a weighted vote. The Board has eetablishnd rules for Weighted votes In aocor&n- with the Act for matters eoooerning authorbatiom of and fi w=W commitments for capital P*CIL SeeSoo 240. IM Bosedmemberrs Ad serve stapered fort (4) year tams In aoootdaooe with Weeduras altablished by the Booed Boardmesebem may sewn consewtive gem A Bosrdmember may be removed at coy tine by the p miag body of the aetdty that appointed tbat • Boardmember. section 204. The District wa not compensate Boudmembas for serving on the Board, but may edmbune Boardmembas for actual moon" epeaa aeeessanly ° incurred on behalf of the District or in the discharge of official duties. • • { 1.a>tsa.ooat S 4 s • • • w Section 205. Board Member Oualificatio0s A Boardmember must be a qualified voter who reaides in the District and tW, not be an elected official of any governmmW entity that has the authority to appoint a member of the Hoard ARTICLE III ConswA ion and Isswace of Bonds Settio0 3.01. Consul is r 'neat The Board wig clroese the COasulting Eagieeem for the Project sod Joist TrsasmPa m Lice and may change Comuking Eopoeaa at the option of the Board. SeWw 3.02 The District agrees to use its best et]iorts to issue its Bondy "bit frog sad seasred by Aawai Ps}ataaatb made uoda this Contract, to =Tjim sod construct the Project, including the Jean T aessiaion Line, wheat and as needed, as daermioed by the District, to supply traatsmkWoat service to Denim ad treated mum to other Participating Member ad other Gssromers. It it udck W that Poch maquidtion and construction of the Project wt[ be is pbases sad that oath phsee wit be taaaoed by the District through the bomm of coat or more new or issues al its Book ad the District agrees to ire its best efforts te.- :-ue its Hoods for such purpose. Bonds also may, at the dismadoat of this District, be inued to mfuod my Boods, and be im ed to mtead, ahrpeo repair, mmovae, eta 0pente, w.intaia and otbawW impure the Project Disaet agrees that Wri hapratmteats wM be made • in aceordace with Powaiiy s aoeptod eogiooering prsctim it b aadevmw that sash improvement 1 wM *oe Anamed by the District through the issuance of one or more aeries or issues of its Bonds i payable from and secured by Aomul Payments made udder this Coetrsel. O • • District and Denton agree that Denton is participating only in that part of the Project J referred to herein as the Joint Transmission Line and accordingly, Denton shah have 00 5UWW muaar.oot., 65 S • • rapoasldty under this Ceotrut for 9ondt cc for other expeaa of the District other than those rdatcd to the Joint Traasmis W Line Section 3.03. raadJhsmd~ The proceeds from the uk and delivery of such Bonds may be used to fund to the extent daoed advisable by the District a debt service mem fund, a contiaAency fund, and interest on the Bonds durinj oomtrucdm and such proceeds also ww be used for the payment of the District's espema and coat in connection with the Project (inclWWS ad w&ewiod and design cosh and aT mes, and the con of the land and futwetts tbereia related to the Project) and the Wads, iodudia-, without hmitatioa, an (Fosacin f, kpk printing, and Wwr eapeem and cosy rdatnd to the iasumm of such Bonds and the Project I Seaioo 3.04. &WUmWWk& Each Bond Resolution of the District shat specify the erect principal amount of the Bonds to be laved thersaada, which sbal mature within the ma3dmum periodk and shat bear 18a[et at not to a med the masietms rata tben permitted by law, and ends Bond ReoWon shag geese and provide for the msfntaomoe of a mamd MA an interest sod sinking food, a debt same vfoe scene trod, and my other funds domed advhabie, ail fa the moon and amotma a provided k such Bond Remlt mom. Downer apes tide it sssd where such Bonds are aetuany itHted and deilvaed to the pvuhaar thereof; far the peeptrse of aogsd* and construc* the Joint TrmttmWon I3nas the Rood Rauolutim WAIL ind the Botsd, sbal fa sI purpose be deemed to be in aomplimm wish this Cootrad In a rmpects, red the Bonds cawed thereuodet wt'I comthte Bonds as dedued 4 rhh Cbstract Eat aI pue; - 1- • Section M Adel 'jMMhdoe District sod Denton ogee that Deaton's participation in Project b Waked to the Joint Tmam don Liao planted by the District to connect to the Denton water doUbutfon system at Lawn Miller Parkway and Lntentate 3M Denton will ® participate on a pro rata bads in evenWad the line in aococdmoe with the limit, size and capacity • • outlined in Eslubit W, which is attaebod hereto and incorporated into this Contract for all purposes The Joint Tmnsm •=ior. :one ddinuted in Exhibit A Se ~ sbal be oomtnwted sad financed by rrutaerom.t 66 17 0 • District During design and construction, District shalt hm sole possession tad control of the Joint Transmission Liao. ARTICLE N Section 1.01. Water SIn separate contracts, District has agreed to deliver potable wit" to Qstomers otber than Deatom However, no sales of water by District to Denton are contemplated in this Contract Section 4.a jjMkLgL&Wdh p. Mutt agtaes to provide 6or the loins Transmission Lice between the points sad aimg the general route and Mich the apaeity ddineatad in BhsU A attached hereto. Denton asy transport vat" o wed by Dentoo through the Joint TmounWim Lice up to the peak day eag 3 peovkied W in F.shsbit W. Sectiae UL (a) Daotm A liemiab, iastdl, operate, ad m fi tai: st its apme the equipment and davioa of atamdaed type required For - - i Imp the WW gsenthy of maand Mat" delivered thrcx As him Traoaaissioa We for Deem's beoeAt The District will fiaaih, kM& opaate, and mahKdo K kt aapoaae the aeoesary equipment and devkms of standard typo nMW to toeaaune the quandry of.wde ttel irered to Curtomas otber tbas Des lus. Sub meta: and other equipment ao h atalled by Dminm or District sW remain the propag d Deatoo sad the District mspoWv*. Eat hrty Ad ioapect, vibrate, ad adjust its aetee at tart ssm Ifs as neeasary • to mahuala arcuate mews aeab of the quaadry of treated *a betas; ddlveeesL flesh Mmba shall bava aeons to the meta* equipment for measureseet of its waxer at adi teaaooabie tines tot inspection std mmiaatim W the reading, atiwati^ std adjusnma m thereof "be done ody • by employees or agents of the owner of the meter. If requested, the affected perry may witnna such O J reading, cahbadoo and adjustment of metes All readiap of meters wM be entered upon proper na taaraay t 67 • • books of record maintained by Denton and the District. Fitter party may have acce►s to said record books during wnzW busio~ (b) Ether Dentoo at the District may request, is wri ft that the other party c&Wxste any outer or meten aHectial its cost or charges under this Contract in the preaeoa of the reques&S party. Fitter party WW make up to one (1) inch cahbratiou in any fiscal year u no charge to the requesting party. AU requested ciAndom is excess of one (1) m9 be made of the eapeme of the requesting party, ewept when the accuracy of the meta is beyond the Visits of oommwcW moauacy In which cane the owner Ad bear arch espeue. u for toy reaaan, nay mew is out of union cc out of repair, or iG upon any test, the percentage of tnaccuncy of &W meter is band to be In 611040 ' of comma cW accuracy (which Was; otherwise agreed to shat be , m w"Pnd to be plot at mina two (t 2%) peraw% reomdoo therecl dWrbe corrected fa a period of rinse amending bath to the rims wlsw arch inaccuracy bepn, if aueh time is aroartduabie, ( and if sot no rtalsabie, rhea Qor a period mseadbg back oss4 df (W) of tM dm depted aim the date of the last allbrabo, but is so groat Wrthw bark rises a parbd of sit (4) mosibs. (c) ff either perry at my time obervat en apparent error It tacker ragisoraI` or readb0, weh parry wi4 promptly ttt the Other perry. Wbm W* 4 the parties hst+ras sisal thencoopetste to procure an immediate albndon teat and joist obsavsdoa o[ a y adjrstdseat and the same meta or metes did then be adjusted on wMacy. Each Party M On the other party forty-ew (d) bows' erotica of the time of v two of meters so that the otter parry may we wkendy have a remseatative rum (d) U for say reason any aoeeas are out of repair so that the amormt of water delivered caaam be ncaulned a computed from the reading tbereo4 the water delvend threugh the period • such auras are out of seroi a or out of repair d4 be estimated mad agreed upon by the parties • • J hereto upon the buis the but dikes avsliable. For such purpon, the best daft avatiable d" be deemed to be the registi.uoo of any check mesa, or m.ters if the same beve been inst 'sled sad are misaraara 68 4 • • =nw4 npt"ing• Qth the amourt of water delivered during tech period mar be atimated by earrwemg the aror j Ac percentage of the am it mwtaiaahie by mwxstioa tau or mathematical alc,datioo, or (b) atinuting the quantity of delivery by deliveries during the pracedinS Periods under titular condition wben the meter or meters were reptsring accurately Section 1.04. Unit of Measurement The unit of measurement for treated water delivery from the Jciat Tksn minion Liao hereunder shsl be 1,000 p Gook US Standard LJqutd Mess um Section 4.05. (a) Deotao agrees to provide iapem and cV for Dishier empbyoa and gmtB to an its premi m inside Deataa's bouodsrta to ioatall, openw, inspect, tat, aad sdatata faalttia owned or malatalard by Ubuict wMb corporate or jurbdIedoeal limits of Member. (b) DbtM a•aas to provide 4= and egtaem for Deom% empioyaa and amts to an premises under oomrof of the Dbuia to ima4 opww4 bspect, tat, and mobtals faeWa, and read meters cm at mdomised by Do m& 1 Sedioe U& (a) The pnerj*g body of arch Qaooma nag* may appoint one of the members of its pvaaing body or one of its employees m a member of the CwAamar Advbn t wAd br the Dstrict, which Coned is hereby armosd sod estabtltbed 1U Cbwd thv ebd c Sao, a We Chsirma, oaf a Saw"y. 7hs (boned may atsbibh V11m prwants~ the sbcdoa of omoea, tawiq data ad aber ■aums persloeat to its faadim Ths t9md rW OM A wb and sdviae 0 the Dbuict with reprd to *a bWwiq mom perta;oIng to the Dbtriot: (i) the iossone of Doody (it) no operation and msiateasace of the project, Wdudint Joint Treasmbebo LJn; ° (its) Contracts for smvioa to c stomem. f o J (iv) The District's Annual Budget, prior to its submbsioo to the Board; and ~2 6 9 a • (v) Improveamts and aoensions of the Project. The Cound shalt have access to sad may inspect akciewonable times all physical elemeats of the Project and sU records and aecormts of the District pestainiq to the Project. (b) The term of membership oc the Comm shall be at the pleasure of each governing body represeate4 rcspecdveiy, and each member shall serve uani replaced by such joveroiag body. A3 experxs of the CouaW in discharpo= its duties under this Section shad be considered IS m Operation and Maintenance Faperse of the Project Section 4.07. Wain QWAO%dw Plan WA (a) Denton and District agree that -Met trsnsmissim servioea may be limited at curtailed by either Party In its rape ctive share of Join Transakdos Use in the went a( ao emergeacp or drought DeMoo and District apes to coordinate the limpfemestados of my action tr limit trawathdon aervioes to askimins adsa limped oo ehbor patty's operadam, and as adequacy of service. and to promote p *W understanding of the steed for sod Wm of such limitation or asrt.tlmeat (b) It is the poky of the District to I ppsrvy adopt and ■ststdo a regional wales coaservadoo plat wibichtsoorporatss loan redtwdaa ssrsaarssa ssd dasaaod sssnapeoeot praetbes which iosaro this the rabble supply of wow b wad Y am snososairally emoleat sad eo*ocaaeatsl y aeaddse mmser. SiWk*, k k tba poJlcy o(tM Dbbkt to propem adopt and Malotain a drought sod aaespsac) aootiogasq lino tot wow map* so 001cosaa Fact Member • that purchases tree" Msaar hose the Pevjact apnea to 'IN -11 in the ispiemenatioa of both plans and to adopt ad attorce arch or similar plans For uae Mkhin their reapeetive jurbdktiaas. Swim 4.& Deatoo and Dbtrict apse to provide for and to include in • the Joint Taasmialon Una sad faculties coaoect ed thereto` adequate crass ooonee W control ~ • • measures as necessary to sneer regulatory requirements, to Protect the hearth of customers and to conform to raeralk, accepted industry standards rrannaram•t 70 • • ARTICLE V F W EM&igM section 5.01. uLgadmmm subim to the terms and provisioor of thb cootrace, the District wig provide mad p7 for the 039 of the acquidtioa, mutructioa sod imrmmwot of the lout TnaemkdOO Lime, by iauioS its Bonds Is amouats which WI be m0cient to acwmpNsb such purpora. It i IdmowWW mod aVaed that poyawats to be mode uaderr thfs Contem sad sbwW omuws with other Customers and Additional Putiapa* Members, if any, win be the primary &wm ana<" to the Db rim to provide the Amas1 Re *a=L to cowls with the Distriu's duty to fix sad from time to time to nvbe the rata atd dmgn for mvioam of the Jobt Thmaimim Liao, the AmuW Raqulremeat my obrope from time to time. Bash web A= W Raodremmt shad be aDoeatad between Doom sod other Ostka of the District ms hereieafter provided, and the Amad Raiukess mt foe sock Aom d Psymem Period steal be psoviided Nor Is each Aooual Budget C and sham at d times be we Ism than m a wa t =Mdmot io py or pravids Nor the peymeot oe (a) An *Opwmkm sod Usimteamms Compao W sged b tb mm m paid or payable for d Opendos mad Mmisimaooe S3apmw of tb Joiit'S hmad aioa LAW sod (b) A "eSpitsl Qosopoaemr' mbw to the Jabtt T mmwm Lim egad to: (1) tbs prieaipal at; tedesptiaa pr'emhtm. Way, and biKw as. is Book as MA p*;%4 ndsmptiaa prarsittm. If my, sad btktmat become " Sear btte w to be paid oat of Bud ptoossdr at boa adw mass K permitted by soy Road RmWdoa. mod d smomb mR*W b rsdesa my 0=6 prior to sttdwky wbm and a provided ie say Bomd Rmobrdos. pis the fees, "am ad darga of ewb paying apmt/ropiatrat tat poyioi the prat 4W • of and interest oa the Bowk and for autbmdmdz g, re&ta* sad • 0 traasferring Boods oo the m&tntioo boob; and rraramraoaa n 71 ~.~L r • (2) Abe ptoportioaate amount of any special, contingency a reserve fun& mquiraf-lo be accumulated and mawtaiwA by the pmvWom of any Bood Resdutiotr mad (3) an amount in aMdoo tbemo sufficient to mtaee any deficiency is any of such funds requited to be accumulated and maintained by the pmvisioos of any Bond Raolution; and (c) An amount deemed appropriate and raxmgr by the Board to be required as a special restive for operation and maintenance eaFeoss of the Joint Trawasissioo Tae at for capita! improvements. Any arch rse: shd be used as operating capital for Operation and Maintenance Fspeass and fir emerpacy espemea The cormai level of such reserve did not eaateed 25% of the amtW Opwation sod Mdotamce Enema (estimated to be app m dmatdy three (3) smdu eapeoss} { It b apedfi=4 arced thatDealoao'a Shane of Amid Regainsmt"be Nmited to tbat portion appso" to Dentoa% share d Joint Ttmsisba Lion Section SAL AmwdjWW&. Faei Aeowl Budd d the District steel ahvtgo provide far amounts atmcieat to pay tie Mend Regtdrmsa The Mmad Hudpat toe the lout Traasaissim Ilse for all or soy part d the A=W Payment Period dating *tM the Joint Z asassa a Use is &a pbaoed into operation shall be prepared by the DWaict based on sdmats made by the DWI& 1 Oa at Ih do a Jtme IS of each yaw atber the Joint Transmission Una is &at pb oed Is opentioe, tie District Ad Aataisi to Dmew a peeiidasry eadOate of the Maud Payment required liar each Member for the ante toBming Am, Payment Period Not lam ulna forty drys before the commencement of the Annual Payment PaW after the Joint Traatt dW= The it 5sst placed into • operation, and not less than forty days before the commrmoameat of each Amwai Psymeat Paiod A / themafta. the District sball cause to be prepared as becein provided Its prelimlawy budget for the Joint Tmosmissioo tine and the project fa the nest ensuing Annual Payment Period. A Dopy d its .su.oos t !l~ 72 1 ~ C • • such Preliminary budget shwa be filed with cacti Partidpatial Member for review before action by the Board Any Pa WpetingMember may submit comments about the ped®ieary budget directly to the Board The Board my adopt the preUminaty budget at mate wAh amendments thereto n the Board mey deem proper. 7U budget thus &proved by the Board shwa be the Annual Budget for the non emuiag Annual Psymcat Period. The Annual Budget (bduding the first Annual Budget) may be unaded by the Dbtria ar any time to Vwdw funds am one wwwt or fund to awtber awouat or fund so long as such trwdet wall not increase the total budget 7be amount for any account at f6od, or the amount for any purpae, W the Annual Budget may be inaeaaed thrwtgh formal ation by the Board even tbtwglt such action might auras the total amount of the Annual Budget to be eaoeeded; pewddad that such acting &aa be tam 0* in the of" of an emargasF) or 'pedal dranstaoees wbinh Ad be dearly stated in a reaolgtoa at the dme rich salon is Laing by the Board Section SAL Pi1~ofl blLQom Pat the services to be peosirled b Doom under tbb Cast U;k Dmaoa a fm to psy, at the time and In the muaser heteiuAet pea idrud, its proPatimes share (Annual Paytscaot) of ties Annual Regobenmt Dabs ad pay he part of the Asaval Requirement for eaeb A=W Psysew Penrod directly to tie D60K b saosrhly ioatalsesla is secordaw wM the scbedaht of payments fWaMed by the Di tekt, s herdaWWc prorided Sectbs SAi. . u is provided that In estimating now be m do District it %wificak sus. aired, In IN A, Won, to Wdtde In rah sedo to of ooeas reasonable, ogerb o k - ° to Reeem Pheds or to assume that the Annual Paysmt Period ■4 MW abase uweye operation and maintenmcs espcme due to weather at other fiaesors sfilectieg cops. 7Lis final pAcy is or wly approved by the Participating Members and is deeded by the pandas bereto to be beae&W ° in the fiscal maaagemeat of the Project, and wM assure the doely avaDabaity of !lads even under • • unexpected circumstances. Upon raeipt during any Annual Payment Period of an amount suesdrat to meet the then curreat Annual Budget of the Project for the remainder of the then L rrent Annual n..ao=.t ,1(P 73 • s Payment Period, the District shah deposit tubsoqueat remnuu received into appropriate reserve or 00 6080M wwunM aolestytberwbe gwci6ally hereinafter provided in the event of unapected or additional Annual Budget requirements. If there is a shortfa>r is reveaues, the District may withdrm 5om the reserves, adjust the Annual lk quirem revise the payment schedule or do any combination Ummot Section 5m. The Annual Reguircumt, and ach Member's share thawed (Annual Payment}, shall be mddarukm4 after oomukadoo with cub Member, at any time during any Annual Payment Period, to the cum deemed novisary or advisable by the District, it (1) The District commemes furnishing savless of the Project to so Additional Particilietiog Member or Customer; (ii) UUPA wMadinary, or uoaxpeeted aspeadiaares br opmsdca mad maioemanoa atVmm are requited which are not p ovided for 6 the DWid's Annual Budget at ses was for the Prajat; O Oiwation mad maintenance ORMU r of the Ptojsd ate awkwatially Iem dun admoo* Or) DM ft names Boods which n gtrisa o lacrosse im the cM*d aserpooeat of the Annual Peyttwat; or (v) no Dhtlrid tecaivaa either sigaiscaody trrosa at Is 'aeeedy Ism revenues at other • asttoaots those thoas aotidpaaed i U dos Aam al Revolremnnt is redetermined, Member will be - -4 of the Adjured Am W Payment • Saw" SAti. b" P Daotao hereby agrees that it will ask • • paymeau to the District tegvis by this Contract within 20 drys of the data a 601 for service Is rendered. If De-Ina st any time disputes the amourA to be paid by it to the District, Dmtoo d" rrs►mrrau 74 0 • normtbelm promptly make wch prymeat or payments; but if it is subsequently determined by 1 aveemew or cant decmoo thosuch disputed payments should heve been less, or more the District shad promptly revise sod respocete the charla In such manner that Denton wQ rm*w its overpayment or the District well tecoves the amount due i< Act amounts due and owing to the D suict by Denton or due anti owing to Denton by the District shall, it not paid when due, beu interest at the me of ten (I0) petvaot per aaaum from the date wheo due uoW paid. Section 3.07. Mw District sbell, to the east permitted by law, wspeod the delivery of eeevioea trader this contract to any Member uid& manias deliogneot in nay psymmto due hereunder for a period of stay days, and dhaA act assume delivery of -avioes while web Member is to delinqueaL However, the Drs W shwa pursue all legal remedies epist my PA delinquent Member to eafoeoe and protect the does of the District, the Wm Mambae, and the boidas of the Boutin IU U" I ; 1 - Barber shag not be rAsred of the Ysbft to the District for the peymeat d e A meatma which would have bona doe berestm . bad no de6uh oocmred or the ptst+e UW had \ not been redmarmiood u peoeiisd to tUs Section, it isurdeatood that the fon,Baiap peovisioae aril foe the babe& of the boidsa of ties Bartle so m to !sure that d d the Arwd Requirement wtO be paid by the aae-dsYrquem t McWma daring ends Mewl Payment Period reprdfeas of the delinquency ore pardadu Mnmba.•. If any amount due and owing tine Dlatrict by any Membst 4 placed with an attorney for ew&Aioe, such Member d a pay to the District d stooroeye lea, in addition to d other prime ate provided ice bersiti heda tea trteearst • Section $A URNA .d~t~C1E Q duriea my Anmai Paymest Period, any r member's Annual Pnysseat b tedetereaiued is any manner as presided or rsgshed to the Dorepoing sections, ibe District will promptly f mitb such member wttb as updated scbeduie of monthly ® payment reflecting wt4 redetermination. O • l ,rstrtsrosr.r ~c~ 75 .r,,..-~...;.,.==~• ewer ~ • • ARTICLE vi C ~ Section 6.01. The Dis ricl wM continuously operate and maintain the Project in as efficient manna and is swordmce with Pod business. sod eapneemS pnctica, and at reasonable coat and expeaaa The District recoyeimes its ripe and duty to operate the various ba7itka of the Project is the mat prudent said economical manses for the benefit of a9 Customers. Section 6.1112 h*gjdwjW& It is the iatmt of the parties. that the Project, iocludiq the :pint Transmission Lbe, wW be pieoeu in operaatioo as coos es prwdabk sod the Dis.triet sV= to proceed dilivatly with the chips and construction of the Project to meet web sambAe, subject to the otba terms dad eorAWoa . of this. Contract Section 6.03. b Is rmdtratood that my obiipadma C on the put of the Disukt to acquire, coestruct and eossplea the heat asai to pawide traced water from the Project to the Members dhall be: m coodkiowd, agroa the DMrkt's ab0lty to obtain ad ceeenuy petmiur, m &WK Mar, tend equipo wl M ooodkiomd Was the A icy of the District to tuna the cart of the hojaaat W v* me whW sale of the Maio's Ilosdr, and (Q subject to all paaew and future wild b v% ordea, ruler, ad repulstiaos of the naked States of Amain, the State of Taos, asd a w raf"q body Msniop jurhWaIoa Section 61K Title to v water b the Mal Trmssdnioo ° Lice Ad be in the Dbub ad Destm respectively is do prapn dcas vkbnak* deti owed to r Deatos and so other Clsto cut of water carried b the JcW Traommis" Liar. The District acct Deotoo s.hall save ad hold acb other barmlem bass A claims, demands, and awn of action • which may be uwtW by anyone oa account of the traos.portatim sod deiivoy of said water while • • title remains in such parry. C rruxser oor•u 76 • 0 Section 6603. Pavmenta Solely From Revenue The District shall never have the right to demand payment by Denton of" obliptioes assumed by it or imposed on it under and by virtue of this Contract Gom funds raised or to be raised by taxes. and the obliptioos under this Contras shall never be construed to be a debt of such kind a to requite Denton to levy and codes a tai to discharje such obliptiod Nooethekess, Denton may malce payments Goon its water and wastewater (sewer) rystem revenues, or Gom soy other iowfW sour= Section 6.116. ' per Denton represents and covenants tW all payments to be made by it under this Contract shat constitute reasonable and neoeisery 'opastins espeases' of its combined watervsorb sod sewer system, as defined in Vernoo's And Tes Civ. St. Article 1113, and that all such payments will be made Gorr the rsveaua of its cosabbed watetwetb and sewer system or any other IawM swam Denton tspreanta and bas dowsolned that ins partiripatioe in this Joint Mussaimioo ILe to &who* aeoessary, and eanstlal so the p e" sod fular a operation of its water syatm and, aooosdh*, all payments required by this Onmmrect io be aside by Denton shat Constitute sass it" and asoessary opessdat expeans of IN rnpeethe #ysasa a 8escribed above, with the dfda that the 06164 dos to 11169 ash P173 00" reveasa of PA systems SW have priority o+er any obillpdon to sagas say payments Goa an& setstauss ("bod r of P interest, or otheewin) wicks sesped to ad bonds or other ebYpdm b11MOI or bereaAer issued by Denton. SM &M. Donau yeas throudsout the term ° of this Cootnd b i aoatiessoasy opaete anal asintda iu watarwocb sysaaat4 ib waaaranr (sewer) ~ • system or both, sad to & and Cosset arch rota and dwill rs fine wMar services, watewalla (sewer) i services or both to be supplied by its system or systems as aforesaid a wN p lAw reveCOeg is an • amount equal to a lew (1) all of the mgensea of operation and malMmaooe tspeasa d such system O O J or systems, including spea8caily, its paymeaa under this Contract, and (1) all other amounts a required by law and tkz provisions of the oniinaow o. resolutions suthorixtns its revenue bonds or rrVNUroot-s 77 • • other obtiptions caw or hereahn outstanding, including the amounts required to pay Q principal \ of and Interest on such bond, dad other obbptioat, Section 6.08. Use of Funds and Project The District covenants and grey that neither the proceeds from the We of the Hoods, nor the mooeya paid it pursuant to this C.ootraa, nor nay earnings from the investment of soy of the foregoing, wd1 be used fa any Purposes, except those dirvedy relating to the Project, Muding the Joint Traarmission Lion, sod the Boods a provided io this Contract, provided that the District may rebate any emess arbitrage earniop from such investment earnings to the United States of America in order to pseveot any Roods from becoming 'arbitrage bonds` within the amain g of the Internal Reveaue Code of 1986 (the 'Codeo) or nor amendments thereto in effect on the date of issue of sucb Hoods. Doom covenants and agraa that it wW not use or permit the use of the Joint Thamissioe Lice in ray lamer that world must the interest oo any of the Hoods to be or became subject to Word imams tacatioa under the Cods or C m1' ameod>maeta h, Pin io efdsct as the data d isasa of such HooBa Section 6491 $id&ALWW Deetea beraby grabs to the District wieboet additional cost to the District, the perpetuai use of the street, essameak sad deb-cf-way trader its uo oI I foe the ooostrtsedo4 operslim and mdoteaaooe of the Joia TuNvswissioa file puree" b attarhed Hchtbit `A', plus the be ptaposed to be connected do to to serve the Qty of Corinth sod We Qua Irtaoieipsi Uttlhy Aothoeity. As a condition, of we of such aereets, essasseats and rights -way, District" make the seoa--- 3 repaha to rastota the avers, dap at pshiio rights of way 10 tbeir • original condition Section 610: 1taeopmeg the fan that Deatoe dais the (acuities and services of the Joint TransimWos U04 and that such facMM sad services • are asectW anti necessary for actual use bad for standby purposes, sad reoopizing the fact that the ® • District wW use payments eceivad from Denton to pry cad secure its Hoof, it b hereby speed by Denton that it sbail be unoooditions,4 obIIgt:ed to pay, witbout oEM or eounte du% its mtou.oor.i 78 c_, 7 7 • • proportionate share of the Annual Requiremeat, u pro.:sied and determined in this Contract regardless of wbetber or northe District actually acquire, coosuvm or complete the Project, including the Joint.Trammimias lime, or whether or not the District or Denton it able to deliver water through the Joint Tm=mWw Line, whether due to Font Majeuee or any other mum wbotsoever, retard fns of any other provisions r,I this or any other contract or agreement between any of the parties beretm Ths ommant by Denton shall be for the beaerst of and enforceable by the holders of the Hoods as wed m the District. Section 6.11. jpW3M The District agrees to carry and eras a for fire, catusky, public Wbtlity, and at abet insrntmoe, including self inowsm, on the Project for purposes and in amounts wbkb. m determined by the District, ocdinargy would be carried by a prlretely awed utility wespeny owning said operating arch farhkW6 a apt that the District shag not be required to provide liability insurance except to insure kself splest risk of loos due to claims La which it an, in the opinion of C \ the District's legei course; be WA under the Tms Tort asims Act at amy similar law or judicial deeisiom. Such htamsme will provider b the aeeot Lemihle nsd pactiwble, for the -0 Im "moot damaged or destroyed propmtim ad equipment, to whAmiae the ielersupti0s d the aenioes of such facilities. AR premium for such iosurana shall constitute as Opermin and Mableassee Experse d the Project. Section 6,12 Men per" hereto aeWawledo rod agree to the Special PrwA*ma which are get bA im Rthubk a hereto whhh BMW 4 b oorporsted herein Low d • purpoera The SpaW Pnnrisioas Lor thle Coousce m&d drommaeoom or imam ix Domon which mey be diBmreat from thou d other Customers and thsrs61 , oosedtt is 0 modification Of of requirement in addition to the standard peovkioot otbetwiro aamtaimed is this Contract • ARTICLE W • • Section 7.61. Forve If by mama of fora mo*n any perry bacto shalt be ` rendered unable wboVy or in part to carry out its obbgatiots under this Contract, other than the 79 12, • • ` obGptioa Of each Participating Member id mW m the paymoau required under Ibis Contract, um { if ricb P+o7 Shan give notice 4011, fun patticulan d rich force m*= in writing to the other parties within a reasonable time affa oaurtmoe of the event or cause fired oa, the obiiptioa of the Parry get sum mice, so far n it it affected by such fora majewr, sba0 be suspended duriq the continuance of the inability then claimed, but for no baser period, and any rich party &W eaderm to remove or oveiooae rich Wabdity with an remooable dhpstcb. The teem Tome Maime as employed barrier khan man acts of God, grams, loclam s or other ioderatrid disturbeooa, acts of public amy, Orden a( awry kind of the Gonamem d the Usited Staten or the State of Tome, or any Civil Of mWtW authority, tosutteodoo, riols, spidestia laedt6det, nghldeg, atthqusks, fines, bur icaoet, atocom floods, wvsboats, dtougbls, attaot, nestrsiol of pattntemt and peo* cfvn diturbaooes, cmkmk os, bnak w at aaideou to maehiesy, pipellm at ands, Ponta or sodm Wuta of pater mpply, or an ks MAU Of any other atses not raaaoesbiy dthb► the aootral of tbs- Pamclabolog VA k"I Sectim 7A2 Takza of metrae:_ This Cas tact dhd be sfteetise ate red bom the Cooked Date, and Ad oootiam In tome sod ef3<ed for thirty (0% years or tar such period d doe that hoods hated by the Dihiet fbr lbe loi t Troo stir ins Lies tesasi oubtu ft mlildwsa it P*sW., provided, boeevar, the lets d the Cooked and the eq*sdas deft shay be edeeded for a period m to soured 70 pm at the optics of the Pwdc pa* Umber, epos the tttetttd Wome of of the Particoa eg Mambw ad the DWW o to the serfs tied eaedhims. 7W DWfc* obnpdco to Provide the oaat:errad tar aesrisas sbso cometeom 6= tb does that the Dildd, is mft decant r the Johtt Trmdmfedoa Use to be Operma" ad Nuctlood 7% Cm F- aomadtsaes the aofe aPeemeol betreea the patina bereto with respect to the JOio Tlrmtobdm [Joe. O Section 7.00. NO change, ameodmeal or modi6atioo d this Coated than O O be made cc be effective which will affect adversely the prompt psymeet wbea due of d aooeya rratovaktt .$0 0 0 • • required to be paid by Denton under this Coatract aid no such huge, ameodmeat or modification shah be made or be eSectiv v#& would cause a violation of nay provision of any Bond Reroiutica. Section 7.04. Addresses and NotiC~ Unity otherwise prTAdod berets, any notice, communiatioo, request, reply or advice (herein severally and Collectively, for Coovememe, caned 'Notice' bereio provided or permitted to be even, made or accepted by soy party to soy other party must be in writiq sad may bar :fins at be saved by depositioi the same in the Uohad Suter anal postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivains the same to as aldoa of sucb party. or by prepaid telegram wbea appropriate, addressed to the party to be wtiBeL Notice depodud is the man in the mama beeeeioabawe des - I P shah be wedusivek deemed to be eFlo , unless athawiae stated bwaK from said after the etpirattoa of three days after n is so deposited. Notice Sbm in nay other manna shill be eMee Nve only if and whan realved by the party to be ootillsd. Pow the purposes Cf notice, C the addresses of the pardas shag, and charmed as baeisafla presided, be as lbiom u to ft District, roc Upper 7W* Reowel WoW DWAM 396 W. MAIN, Sweet P. Q Drwer 30 Lowbviik Verna 73067 U to MY of Denim OK . Basasdvo DLsrotor of WON e City d Doom 213 Baal ivf MwW Street Desert, Tom 76M Tbs perdu hereeo shall have the debt loom doe to dun mod at my time to chance tbek respective addresses sad each shah have the do to specify as its address any other address by at e lent fifteen (IS) days' written notice to the other parties bereto. e 8 Section 7.03. lute or Federal Lawn. Ruin. Orden a ReruLtioae This Cootrad is subject l to a0 applicable Federal sad state laws said soy applicable permits, orditw ors, rules, orders sad rrawvma.s • • regulations of soy lo-a}, state or federal governmeotal authority having or Warttag jurisdiction, but nothing contained berain sh~l_7•be construed as a waiver of any right to question or contest soy such Isw, ordissam ceder, rule or regulatioa to my femme having jurisdiction. Section 1.06` Siia Upan Defiult It is not intended hereby to specify (ad this Coatw shall not be considered as specifytsg) m a4usive remedy for say default, but erg such other remedies (other Om tsrminedoe) at sting at law or in equity may be ardied of by soy party hereto and shall be cumulative ReeognWxg however, that the District's uadesuking to provide and maintain the project is m obtigatios, Ware in the performance of which cannot be adegualely comps s" is money dame" alone, the District agrees, in the avant of my default as its pat, that ach Partidp &g Member shag bave avnlabie to it the equitable remedy of mandamus and spec& performsoa in addition to my other I%W or equitable remedies (otber then taaisadon) which may aim be sna11 bin Recopidog that failure is the pariormam. d my Participating Mambas obligations bereaeder could not be adegnatdy compensated it re g dmmm doa% each Participating Masher agnrsa is the crest of any ddatdt an its part tot the District Ad have avatlabte to k the egnttabie remedy of madam and apeci& perhtma e i addition to any other iqg or equitabb remedies (nor than termination) which nay d so be aaiahie b the Dnttiet. Notwithstanding mythhq to the contrary contained is this Cowuw , any tight at remedy or any dettaeh bereuodar, esapt the tight of the District to receive the Annual Pay=W which shag oeva be detamoed to be waived, Ad be deemed to be cosdrsivey waived arlam mated by a proper • prooeedtag of Wes at le equiy within two (Z) yaw piss on (l) day Ant the oaatrssox of arch default. No wslver or waivat d coy beech a dehuit (a any btaaebes or dalIVA) by any party hereto or of park smanot by my other part' of my duly or obiigstioa hereunder shat be deemed a ® waiver thereof in the future, am shalt any such waiver or waivers be deemed or construed to be a O tt 1 waiver of subsequent bmacbm or defaults of any kind, character or description, under nary circumstaom rrarasa,sar.r / 82 i • • Sect7.m. 6 The pies wm spo a&al y wu that in tale any one or more Of the secdom, subsectiom.r, ppvisiorta, dausa or words d this Conran or the application of sueb maiooi, subaeaicn, pmwho , clu m or wm* to any dwatim or dmwwtaaoe rbould be, or should be held to be, for say teroo, invalid at uomaso ut osA under the laws at combumom of the State a the United States of America, or in contravention d say mock lawn or comtitudoot, such wnbdq, uoooos4imuoubty or wou vadoo abaa not affect my other sections, subsewom prowdom, Baum or wards of this Contract of the apQSaoioo at such socwm, subaeaiom, provision, dams or word, to any otber dtuadw or dtasmmtaocs, and k is intended tbu this Coma shall be sevarabk and abd be elmh,,od and applied a V any suds invalid of Y mommuk aoisal nabs, aAowd o, p ovkbo, dare or word bad not beam. ieduded betsia, and the liS tts and obli mku o (the parties ba *p" be ooasenaed ad tuamaia In ilmtoe ao mgo*. Secdn M YM& AS ataounu dues under this Com.rmck bales m.p, but mot Suited t% C_ F ) -°0a dse snider thk Correa or daaap dot breach of tbb Cbmeraet, Ad be paid and be dw In Damtost Coney, Tens,, vhiti b the C mmy Is. which tba pebidpai t1 mt1 m1 - 11ve ollives Of the District we located. b is apedewly Wood aaoog, tba pa do to this Cometoa that Dewtos Couay. Taos, is thm pland parbraamos d Ibis Cmu=4 aid lode amt do ny laps Fri, ON b beoupht to alAm , this Comma a nay provision bereAtbo snra sbd be bmu& io Demtoa Gouty, Taaemt. • IN iIRIPl8.S8 Wtiw", the Persia hereto acting trier autbosiy of tbsir tespece pwembg bates bave amW this Cooroa to be duly canted io mverd ' oottewparb, rack dwhie6 shall oom*ute a adgloal, m.0 a d the dry sad year &m above wriews. whisk Y the data d this ! Contract. • • { J as► =-t 83 • • 1 UPPER TRINITY REGIONAL WATER MTMCr BY ATTEST: ProaWt Boats of Dkwm ' cis .7f"~ac~ 49cm 'ry, and of Ykatm (AUTHORITY SEAL) APPROVED AS TO FORM AND LEOAL y.- Cotmtd far the Diatai IPION,ATTEST` l cz IIiAfNT ER WALTEM MY SBCRBTARY I "Z rlow • OVER TO LBOAL FORM-- DEBRA A. DRAYOVLTCH, C rTy ATLORNEY BrA-Lld l MWKWM.l 84 ^el e e l ~ EDIT B i TO CONTRACT BETWEEN CM OF DENMN AND UPPER TRINITY { REGIONA4VATER DISTRICT FOR PAR71CIPATION IN A JOINT TRANSMIMON LINE SPECIAL PROVISIONS The provid0M of this Pshsbit B form a part of the Contract and :re appiiablc to the Upper Trinity Reponal Water District (the'Districtj and to the C..y of Dentoo ('Denton w if ant fccth in their eatirety in the body of the Contract- i 1. The District wM coomuet the Joint Tmosmindon Line as a Put of the Project as deliaed in this Cootrum The District wM own the Joint Trwniksim Lies, iodudiog the 6&4- way, except an otltemrise Peaided bereia. The District will aoordbate mwb& datpt sad eibtof- way aoquiAIM with Demtoa Within the City Uwjb of Deacon , the Ditrias vapm"Mou ad not and* aoo0irt with am Denton tauter pin far Ind dewdopsent DbM and Denton apes to avedmate tutuma joint use of said riow-et-way within Denstoo for nmdapwmd udhiea. District and Damon apse to cooctiioae arnmdra Mu for pm%&W or ndjaining eaaameoto and otter rk*s-a. WIN rccipannl sae of aeb enemeats fac to uponrr ua &riad arastroaion and for other mutually beoe&W purpose a, 2 The District wN preAk the (nods to dedps and construct the Joint Tl mtwWoo L, r*%d-way. The Annual Payment by Dentaa to Dbtda will be bred an Daaooa Participating is the Joint Ttantd Wail Line on a proportionate basis of rased capacity of the pipeline according to Pshibit A. Tb belsocs of the Aaewi ReTzi emom related to the Joint Tranmbdom l Lida wit be paid by odwe 0soMesea of the District. 3. C *kW oats wi be wiped to Denton and the other Colonists in propordoo to repeai.e shwas of rated cap** at the pkwbw sosoedist to I3brbit A. L to ssoosdnoa with the coaaact I I , - Diatom ad DbWa dated July 21,19n ovWb hr Tom oi@w Trmaaad end Trey asbdu Sendon~• the am of ttamaportiog water d ro* the JOW is the atK is wiser *xbg do [initial Period (a deAned In aid contract) awl be bdaded Ilse wM be bnc WW k sold dwped to DiinrkL sow asoelaoed wW thin Joimt'ItamtaoLsioa S. Abet the LAW P*bd, District " cospawft Demtom br t ewporthM water thtnndh the Joint T moveh nom Lie b sooordaeae with said Joy 21,19!2 =Rect. o 6 N tv""ed In wd* by the District said agrad b by Damtoa, Daaaom niq acquahe or purchase eaatameots or d0 a4-way within the Cky Lilts of Dtesaa an babdf af the I3isttiet for the Joint Tom wheka LhL Tb Dbbict wM rebabum Doom tot d dWd am mod" with Deacon's edbrts to acquire the eremeet reped lees at wbedw the consent b actusey purchased by either pity. If requested by Dbtria sad agreed to by Dwwc Denton my enwabe its Power of eminent domain as bebaK of the District. t? 0 lfl 1. On behad[ of Denton and District. Denton span to operate the Joint Traomiasion Line sad to be responsible for non" and routine maintenance a< the Joint Traamsaioc Lice a aaordint to the standards of Dectca's o.ma water 0swabsion and dbubutioa system. Denton will maintain rewAs of the actual coat of such makeenaace and will mod periodic reports of coat to District for mimbuaemeat of oat in proportion to retpeahe share of rated apaaty of the pipeline franaatom.n • • aaoordiag to F.-Ib A. District shall have reasonable access to Deatom'r records to verify sucb costa District hereby siren that it will mats pgtneats to Denton according to the provisions of Sectiom 5.46 and 5.47 of this amus Ffticb sections are otherwise applicable to Denson. it, in the opinion of Deacon. extraotdinagr mairteaaaa such as pipdiat repkccememt 196 of thekngth the Pipes is rogtured, Denton shat give written notice of such to DWA District and Denton hli m~a w&4 daerWw which party shall tats appropriate trap to wwmpft such civaotdinary & Prim Director s to coap~ of a mtructioa of the Joint Trammisioo Lioe, Dentoo's Eeecutive develop a mr.,ully ssti&.ac y written procedure for coordinating the operation Mad Maintenaoos of the Joint Tranni inioo Une and fat notilyiri each other of airy activities which may slat the operad ms of the other paro sywm. 9. Until oppxWaat* I the Join; Trituabsion Line Ew the beoee& o of District. 71bereafter, the District expects to deliver treated water to Denton for basswiled >t thtouih DsmtooIt trsunL6doo and ditributioo system to City of Caiatb, Lake Cities Municipal Utility Authority, sod other OAIcees of District. tm either ewe, the point of delivery of such water shall be at a muatally agreeable location at the south end of the Joint Transarbsiom Line at the xppradmate kwatioa shore ono FAhrbit A. IM Through the useful fife of the Joist 7tan dW= Lhae, Denton and DkUW agree to make the apa3ty of the pipdisa snarWA far anergeay mcbsege of wear for the mutual benefit of both parties To impiememt far Imo, essch of wvW Denim's Pseeuthe Director of UdJWo and Dlstriet's Bnnutive Director sled develop a nsnta* sathfactory wrinea protocol for web amerg" exchange of over. IL Uad rhos arnica capital cow we 6* w* 4 Denim shat pay its shays of the Capital Cloopomat (era didoW im Section IM of this Comaw) of the Joint ttaeaxdisiom Lhw, including !!wire apical imponnemn of oeplawnwas relsied thsrnkL Ater sack capital can are f uW p&K Denim usl tti sba al ft e0~000 in pay let abate of d odw coo tlWbW to be part of the Ann R&qrewwL Dean to the Itobwini elrramawMm othe=MkDistria's rob ins the Not 7tamssimioo Lime according I (a) Upon readWog motion !!ow DbWd at my !iris clan that hs share of the Joint 7tsawlisiom Um it no luau seeded for DbWd pmrposai, at • (b) Afhw dhs Dirt eA ouxopWas oomstruitiom of in om wmtea trataeat plea. Mad the District Y w ktsga porchasiMg traced wnea km Denim. to ash am Denton mud ~tti wo-a of Ib to purchaase the Dbtrict's share of the kW 7`msmissioa Line from ri 13. Denim Ad peak the rights of the District In the Joint Traostabdoo Lire aaardle d e E to following uaratmstamca sod cooditbm 3 (a) Whoa Deacon needs or user more capacity is the Joint Tnmmissioo Liao than its share wcordleg to Eal bit A. it shall purchase the District's entire share of the pipeline, unless otberMse agreed to by Denton and District. m~arosaa 86 • • (b) At the end of the faWW term d ft Cootaet, Deacon SW purchae the Diarist's entire share of the Joott Tru mieooo Lima ' d1 14. The price to be paid to District by Denton to purebaa the DbbWs share d the Joint 'hansmW" We under ps WWbg 12 at 13 above AM be egaai a the M*d om &nd for the Dbtridos "g, I m mwmWMW dqueeiadom pbs s credit (wt In sncaedaid purebw prise) for revenues received by District boa Denton and other puhiie atiBda for ua d the *b64-way laduded in the Joint Tnmssaimioo Lbre. be cods low on a strai~bs in basis war s period 001 0 noosed thirty (30) 7aem For Wt pordom of the pipeiioe owned by District, dovotad to public urniod ltar that portion of the p4WW owned by TWD8 under a Phi (e d~~a~a ePeoa"deft wbeo *0 DbWd paehaae the TWIM dab podtoe was Brit Need for Pinto a AN6 wWcbever date oars 11 IrDenims purcbaas the Dietrkt's share d tbs kit Iteaaisioa Lice under of the lxMWM of tbb 13t Mt 4 DbWct -11 eoatioe w enjoy as flow PWVMW b thb oootrsd or a pmWded In other oontr=% beewsea Dams ad DW to (1) m,mends Tatar bon Dame; water to Data; and (3) to have the of wwpaor eebaav of ester throe 14 It Dame dW= ad mgaaY the DYWd a ecntrnd ia> ftfov~eaet or bad appuetaaaoas IN Dealaa a pad d tb kit 'L1cw "N Lbe, wbb! impfaMw ar aPP are not mebasvtise aaedad bl Dyr~ the nisYict sW Yes b snort to fYefsa sorb bpwratr, =4 Demos did pq the each Awl Rgir•at aasoriebd wYb sorb ( hmRa roars ar appsfrtnaew YstaBed for do sole beemIt d Dame l7. , my 10046~x In M Goatrack Dm a dmA b{du w for any pordoa Of the waled otter tba tb IWO T m■iloa Use. i I ' • i _ rre.toarrn-t 87 , j Wpm" • SANGER PIPE LINE - FINANCING OPTIONS C -DENTON OPTION OPTION OPTION FINANCE A B C 1997 $4,676.80 1998 $77,149.59 S8,06T54 $10,295.27 $1,632.41 1999 $77,149.59 65,432.98 47,222.83 13,239.90 2000 577,149.59 65,560.20 47,304.72 19,285.14 2001 $77,149.59 65,415.76 52,313.68 25,379.46 2002 577,149.59 74,104.49 56,255.05 31,471.34 2003 $77,149.59 73,992.16 60,017.56 37,567.86 2004 577,149,59 74,017.59 63,858.51 43,596.34 2005 $77,149.59 73,945.07 67,643.65 49,693.94 2006 $77,149.59 73,993.05 84,556.07 55,139.75 2007 577,149.59 73,924.95 84,517.26 61,774.85 2008 S77,149.59 73,958.78 84,536.54 67,879.24 20" 577,149.59 74,078.18 84,604.57 127,249.49 2010 577,149.59 74,045.01 84,585.67 127,216.32 2011 $77,149.59 74,076.41 84,603.56 127,247.72 2012 577,149.59 73,952.03 94,532.69 127,123.33 2013 $77,149.59 73,890.78 87,267.27 127,062.07 2014 $77,149.59 74,097.53 87,328.13 127,268.84 2015 $77,149.59 74,099.29 87,439.75 127,270.61 2016 577,149.59 73,89312 87,205.66 127,064.50 2017 $77,149.59 74,165.08 87,277.04 127,336.40 2018 73,960.55 86,975.67 127,131.84 2019 73,982.66 86,828.13 127,153.% 2020 73,981.55 86,935.60 127,152.85 2021 73,942.86 86,130.65 127,114.1$ 2022 44.642.66 2023 44,345.58 2024 44,165.41 2025 43,959.29 A NET PRESENT VALUE SM,811.04 S797,245.55 5837,804.71 58079717,94 (CONSTRUCTION COST ONLY) j NOTES: 1. Net present value based on 6% interest rate 2. Denton option baud on financing debt at 6% interest rate 3.Opdon A - Partial Denton flow increased to ultimate over 10 years. 0 Ultimate District flows, no state participation. 4. Option 8 -Ultimate flows for both City and District. State participation. S. Option C - Ultimate District flow, no State participation. Denton's costs based Jr on oversize costs in first year, increased to full costs over tea years. Difference repaid with interest. hAhomelwenglldocstsanger fwk4 q1 88 • J • • SANGER WATER LINE FINANCING OPTIONS 140 120 - - - _ _ _ . _ ~ - - - 100 N 80 - 00 60 ' ~ 40 - co 20 a 0 • 2000 2004 2008 2012 2016 2020 2024 YEAR DENTON OPTION A OPTION B OPTION C owl- w 4 W. ; ♦ UTRWD PROJECTED FLOWS FOR THE 1997 WATER YEAR Jun 97 60,535,605 'Jul 82,395,306 Aug 72,468,940 Sep 54,123,408 Oct 62,994,665 Nov 48,949,565 Dec 47,175,886 Jan 98 50,796,338 Feb 48,504,330 Mar 49,803,766 Apr 50,931,287 May 98 72,005,985 Total Gallons 700,689,081 Water Year Volume (Gals) 700,685,081 Projected Water Revenues COSW 1,000 Gals. Revenue Raw Water 50.40 $281,535.27 f Variable 50.30 $210,205.52 l Fixed $0.62 S434,424.75 Total Revenue 5926,163.54 Raw Water SO.40 $281,535.21 Treated Water SO.62 5434,424.75 Raw Water Volume Required by UTRWD (Gallons) 700,685,081 Raw Water Volume Needed To Provide Water Revenue 1,081,196,491 11 p 1 e ' 4 0 ~a d'~ .~~id 1~'.:. 1 •'Y:..';~ W w. v ANALYSES SUMMARY Total Treated Water Loss From FY 97 (4 months or 122 days) 269,523,259 Treated Water Revenue Loss From FY 97 5167,104 FY 97 Raw Water Sales Required to Satisfy Revenue Requirements 415,889,548 • FY 97 Raw Water Sales Required to Satisfy Revenue Requirements GD f, O O Total FY 97 Raw Water Sales 15 • TOW FY" Raw WAft Saes EMm) ,0555,134,548 . 4 ~F4.r FI A]11.A Total Treated W.:,r Loss From FY 98 (8 months o. 243 days) 431,161,822 Treated Water Revenue Lou From FY 98 5267,320 FY 98 Raw Water Sales Required to Satisfy Revenue Requirements 663,306,943 FY 98 Raw Water Sales Required to Satisfy Revenue Requirements (MGD) a f Total F} 98 Raw Water Sales 1,4!0,271,943 4 TOW FY 48 PAW Water Sales (MOD) / J. 3.864 • • • AWT: ONLY jo 0UCmim Calculation of Asset Value and Capacity To be Transfered to Denton As Consideration for Donation of Pipelines Serving Corinth and LCMUA D~ n-, jo UTRWD UTRWO Coftned t7•MOrt UTRWD pomm"a 6 Capacky POMWA 80 Capaelty TOTAL E Come CON Cat c6p6dty (MU) CaWAY (MOD) 27 kwh pav"I Pipe $21,204,10 344.034 36 177,220,02 64.00% 0,438 3400% 4.662 20 kxh Pipe MINI 63 145,49701 430,46313 28.00% 1.626 76.00% 4.076 1s"P" 507,142.17 0.00 567,142.17 0.00% 0.000 100.00% COW DenwImprOVemwih 42.059.32 42.058.32 000 10000% 0000 0.00% 0.000 Total 1,713,057.31 532,101.00 1,164,685.72 UTRWD Asset CrM V" UTAWOCfpety 2TkxhE VrFhwImm Amm VOW Per am p+nWMPpa 177,22902 486 364900 20 kxh P" 430,403.73 4 80 N,N7.17 18kxhP,pe 507,142.17 4,90 118,743.30 Denton I ovemwns 000 coo 0.00 ToW 1.180,666 Aaet Vow ANN Vow COnaPWW Q TOTAL 27 kxh Equlv"ra P" 34,0 84738 07.30( C 0956 20 kxA P" 80,750.02 (80,75#02) 09" 1 16 kick P 000 0,00 0000 DentOnk~omn" 000 0,00 0000 T 121,64.00 (121,00.00) • R be RMwd RaNeW Dan Ion Denton MYMW UTRM Revised UTRWD Combkwd Dwam1 UTRWO pwowdw Capeft pwar11694 Capacity TOTAL cw cod Cat Capacity (O i C1p6ft (MOD) 27 W" EQfvoard Ppe 521,264.19 378,881.74 142,382.44 7180% 10.384 27.81% 3.0W 20 kxh Pipe 681.001 ,63 232,25753 340,734.11 39.91% 16" 64.00% 311106 18 kxh Pipe 507,14217 0,00 507,14217 0,00% 0.000 100.00% 4.000 DoMOnt Owmwft 4x859.32 42669.32 000 10000% 0.800 0.00% 4.064 ToW 1,713, 1 W. 1,050,251Tl e • Dwta+ 001" baN Vow OwMrl IWeI Asset Vt1w AM*od Aunt V" TOTAL Vow Dorw *4 Pw Conked Oubbndkq 27 kxh Egurvofnt Pipe 376,80174 34,647.36 7,18738 20 kxh P6» 232,25753 86,759.02 3,031.21 142AN.10 C 10 Wxh Pipe 000 0.00 000 000 D4Man lmprovamentf 4265932 0.00 660.74 41.M." Total 063,7(18 So 121,007.00 11,087.33 821,10410 • • • J;\"PDOCS\0"D\LUR"D. ORD QQ (p Apafde Nr.~ Agenda Item - Date T.- ORDINANCE 140. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL ADDENDUM TO CONTRACT BETWEEN THE CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION £ERVIC^S; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("the City") and the Upper Trinity Regional Water District ("the UTRWD") entered into a July 21, Contract for Water Treatment and Transmission Services v' he contract") to provide for sale of treated water by City to UTRWD and for transmission and delivery by City of limited amount of UTRWD treated water from specified points to certain customers of UTRWD, including the City of Sanger ("Sanger"); and WHEREAS, said Contract provides in Sectioa 6.4 thereof that: "To provide such service to Sanger, UTRWD shall have the option to purchaae treated water from City at its posted price for wholesale treated water, if such rate exists, or at City's rate for large industrial customers, or to request City to transport UTRWD's water according to the provisions of this Agreement", and WHEREAS, in lieu of City transporting UTRWU water for delivery to Sanger, UTRWD desires to purchase water on a wholesale basis from City for resale and delivery to Sanger, and City agrees to develop a wholesale rate for treated water; and I WHEREAS, said Contract provides for transmission of UTRWD water by City not only to Sanger, but also to the City of Corinth ("Corinth") and to the Lake Cities Municipal Utility Authority ("LCMUA") for UTRWD; and WHEREAS, in general, City and UTRWD agree that direct delivery by UTRWD of its own water is to be preferred over any such • transmission of UTRWD water by City; and r WHEREAS, City and UTRWD agree to cooperate on an alternative strategy that will enable UTRWD to deliver its treated water directly to Corinth and LCMUA wit.iout transmission by City through its water system; and i • WHEREAS, City and UTRWD wish to supplement the July 21, 1992 • O Contract For Water Treatment And Transmission Services; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the City Manager is hereby authorized to execute an "Addendum to Contract between the City of Denton and the ti.......,,._,. «..a • Upper Trinity Regional Water District For Water Treatment and Transmission Services a copy of which addendum to contract is attached hereto and incorporated by reference herein. SECTION ii. That the expenditure of funds as required in the attached addendum is hereby a,:thorized. SECTION IiI That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the _ day of 2997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I~ BY: rY a .r 1. i • • ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT Pq,ND TRANSMISSION SERVICES THE STATE OF TEXAS f 3 COUNTY OF DENTON This Addendum (the'Addendumj to an existing contract styled as CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1992, (the 'Contni by and between UPPER TRINITY REGIONAL WATER DISTRICT, (the 'District'), a conservation end rectamation district created pursuant to Article XVI, Section 59 of the Conalitution of the State of Texas, and the CITY OF DENTON ('Denton'), a municipal corporation, !s made "approved as of the day of . 1998 (the 'Date of Addendum'). WFTNESSETH WHEREAS, Denton and District entered into the July 21, 1992 Contract for Water Treatment and Transmission Services to provide for safe of treated water by Denton to District and for transmission and delivery by Dorton of limited amount of District treated water from specified points 1 to certain customers of District, including City of Sanger ('Sanger'); and 0 WHEREAS, said Contract provides in Section 6.4 thereof that: To provide such service to Sanger, District shall have the 1 option to purchase treated water f-om Denton at its posted price for wholesale treated water, if such rate exists, or at Denton's rate for large industrial customers, or to request Denton to transport District's water according to the provisions of this Agreement-% and ` - • I • ADDENDUM TO CONTRACT DETNEEN CRY OF DENTON AND UTR'AO ' MR WATER TREAT►ENT AND TRANSMISSION SERVICES PAGE 7 WHEREAS, in lieu of Denton transporting District Water for delivery to Sanger, District desires to purchase water on a wholesale basis from Denton for resale and delivery to Sanger, and Denton agrees to develop a wholesale rate for treated water, and WHEREAS, said Contract provides for transmission of District water by Denton not only .j Sanger but also to City of Corinth ('Corinth') eruct to Lake Cities Municipal Utility Authority ('LCMUA') for District; and WHEREAS, in general, Denton and District agree that diked doWery by District of its awn water is to be preferred over any such transmission of District water by Denton; and WHEREAS, Denton and District agree to cooperate on an aAemative strategy that wilt enable District to deliver its treated wntef directfy to Corinth and LCMUA without transmission by Denton through its water system. NOW, THEREFORE, in consideration of the mutual covenants and aQroernents herein contained, the parties agree to supplement the Carrtrad with this Addendun as hereinafter set forth, to-wit: AGREEMMT Section 1.0. Preamble Inconmwatled That the matters stated in the preamble hereof are true and correct and are inowporated into the body of this Addendum as if copied in their entirety. i • Section 1.1. Scope of Addendum r That the provisions of the Contract shall remain in futl fame and etfttd as supplemented by this Addendum. Further, Denton and District agree to add the provisions herein to provide for continued purchase of treated water by District from Denton on a wholesale basis and to facilitate the provision of direct treated water service by District to Corinth and LCMUA. l y - - "mom 0 0 ADOENOUM TO CONTRACT 9ErWEEN CITY OF DEMON ANO UTRAO FOR WATER TREATWNT AND TRANSMSSION SErMCES RACE 3 Section !.2. Exercise of Option to PurchM Treated Waller As provided in Section 6.4 of the Contract, District does hereby elect to exercise its option to purchase treat6d water from Denton at its posted price for wholesale treated water...' for resale to Sanger. Further, Denton agrees to make available such treated water for delivery and sale to District at the agreed delivery point ;specified in sep"Me contract) for the Sanger Transmission Line. Denton will make reasonable capacity available and will deriver water to said delivery point at Denton's operating pressure normally maintained for that sector of its transmission and distribution system. Section 1,3. Qyppfy in be QMhttM For the W Water Year of operation during which water is delivered under the contract to the desigirWed delivery point for the Sanger Transmission Line, the initial arrtount of treated water to be Mlivered by Denton shall not exceed one-W million gallons For day (0.50 m". After the first water Year of operations, District may request in raased quantity up to a maximum of one and one-quarter (11 .25) mgd to be delivered by Denton. District shell give written notice to Denton at feast one hundred twenty (120) days prior to the beginning of a Wader Year oonoemN the Peak Dail.,, Volume of treated water being requested. Denton may, at its sole discretion, waive the written notice requirement upon written request of District. If the requested Peak Daily Volume exceeds one-half million gallons per day (0.50 mad), Denton she[ detartrwne if such additional water and such capacity to deliver the water are available. If, for the upcoming Water Year, Denton determines there is sufficient additional capacity and suf ten t additional water to provide the District with the requested Peak Daily volume, Denton may, under terms of this Addendum and the Contract, provide such additional volume (or any portion ~ thereof) for that Water Year. 0 Section 1.4. Buns for Wholesale Treated Water Servtoe The posted rates for wholesale treated water service provided under this Addendum may be e..pressod as a volume charge per thousand gal' ins plus a facility charge and an annual demand charge per unit of peak day usage, or may be expressed as a total unit price per thousand gallons of water delivered and metered for each (kcal Year. The posted ralei fc. ".-!ntesale treated water o service shall include the cost of raw water, the cost of treatment, operatic and maintenance • • ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UTRND FOR MATER T RFATMENT AND TRANSIAMON SER'NCES PACE 4 expenses of the Transmission System, pumping and energy costs, depreciation expense, and a return on Denton's applicable rate base. The rate base shall be Denton's actual net investment in that portion of its water system reasonably allocated to wholesale service, which net investment shall be equal to original cost less depreciation reserve. The authorized return shall be equal to the weighted average interest rote on all outstanding debt for Denton's Wn:er Utility System plus one and one-half percent (1.5%) A street rental fee equal to four percent (4%) of total operation and maintenance cost may be included in operation and maintenance expenses. Depreciation expense will be based upon the original cost of all capital facilities, both invested and cont&&Aod capital, which fea'lilies are expected to be replaced by Denton at a future date in order to maintain service. Pipelines and other facilities paid for by the Distrid, Corinth, LCMUA or others shall not be included in Denton's investrmert cost for celoulaft a return but may be included when calculating operating and maintenance expense. Costs to transport water shall be calculated on a syster**jde basis, excluding distribution facilities, and shall be limited to the Transmission System which shall not include the cost of transporting water through lines smaller than twelve (12) Inches In diameter. The test year for establishing the rate for wholesale treated water service shall be the projected year for which the rate is proposed to be applicable. Test year data shall be obtained from ;duel data of the second yew prior to the test year with adjustments made for known or verifieble changes. ftotyon 1.6. Modpal0pillgMaiftlo Common Denton shall give timely notice to District with opportunity to comment on Der4on's cost analysis in each year that is proposes to revise rates for service provided herein. Such notice and such opportunity to comment on the cost analysis provided shall conform to the provisions of Section 7.4 and 7.5 of the Contract. • Section 1.6. Tfansmisston Line to LCMUA1Cor i District desires to construct a transmission pipeline to allow District to deliver treated water ' directty to LC V, :A and Corinth without retying on Derdon to transport District water through Denton's Transmission System. A certain transmission line being used by Denton to deliver treated water to • LCMUA and Corinth was paid for by the users, was dedicated to Denton, and is now the property i~ of Denton. Denton agrees to convoy to District said pipeline facilities and related appurtenances. I • • AOOENOUM TO CONTRACT BETWEEN CAIN OF DENTON AND UTRAD FOR WATER TREA(TENT AND tWSMSS'GN SERNCE2 PAGE 7 The property to be onveyed shelf be that portion of the transmission line and related facilities shown on Exhibit C, which Exhibit is attached hereto and incorporated herein for all purposes. As oonsideration, District agrees to grunt to Denton an increased interest in the Joint Transmission Line pursuant to the May 6, 1993 Joint Ownership and Operations Contract (as supplemented). As additional consideration for the facilities being conveyed, tistrict agrees to relieve Denton of its obligation to provide long-term Transmission Service for District water to LCMUA and Corinth Denton and District agree to coordinate and cooperate on necessary pipeline improvements by District to enable lM District to use said pipeline being conveyed for direct delivery of District treated water to LCMUA and Corinth. The effective dale for transfer of ownership of said pipeline from Denton to District shall be the day that District first uses the pipeline to defiver its water to LCMUA m Corinth. Said date shall be confirmed by District to Denton by written notice. Seotdon 11. Emereency Connection In conjunction with the oonveyenoe of the LCMUA Corinth pipeline as provided in Section 1.6 hereof, District shalt pay for and arrange for improvements approved by Denton to enable an Emergency Connection at the approximate location shown oo Exhibit C. The Emergency Comedian shall be established by and maintained for the mutual benefit of Denton end District for the Primary Tenn of the Contract. The Emergency Connection normally shad be dosed, in the event of a water system oondRion which generally would be regarded as an emergency in the water utility industry, and upon the request of eithef party, the parties may mutually agree to open the emergency connection. Examples of a system condition to be considered an emergency shall include (without limiting the scope of such conditions): • A disruption in whole, or in part, of either party's water supply, • An electrical outage, which adversely affects water service, Contamination of either party's water supply, or i • Failure of a major system component such as a pipeline or pump. , Failure to plan for an adequate water supply does not constitute an emergenr•. During the time of such emergency, the requesting party will expedde efforts to overcome the emergency; and, the • other party will supply water to the extent reasonably available and prudent under the circumstance. • O a• BMW= • ADOENDUM TO CONTRACT BETWEEN C47Y OF OWON AND VTRM FOR WATER TAEATVSMT AND TRk4&%U$" /ERM"S FADE 1 1 With approval of the supplying party, the benefdting party will be responsible for any necessary improvements, an•angements or facilities to deliver and receive the water. The party supplying the water under emergency conditions provided for In No. Section shall be compensated for the water delivered. If the volume of water delivered during the emergency oonditions is not determined by meter, the ~arties. shrll use the best information rea ft available to eeveiop an estimate of such volume. The benefining party sheM oompeosdo the supplying party as mutually agreeable. Sees" 1.e. Sale of Tratiad Wainer The Contred provides for Derkon to sal traded water to District for msdo to certain parties during the khrliab Period of the Ca 6W (through Water Year t 99e). Dther provisions of the Co *ad nc4w0wtwx%rq, Denton agrees UW Dabtd may reduce or discontinue purdwe of treated water from Denton dAV the Nrtial Pedod. If such rodhxbon or disoortinuerm Is related to the Disbid's own water treab.0 pled and delvery faaTitie9 boom ng operational, them shall be no Impowbon of the Wnkmn water Vokme provi"iens of Section 3.3; provided that the total revenue roooked by Denton from Dietrid for pumhue of both treated wafer and mtroeted raw water ahal be equal to or greater then the revenue (rot fnduding Vain" Cads) OW Denton would oft(wlse have received if Dishid had oontkwed purchasing only treated waW dwouyh the 1997 Water Year pursuant to the Contrad. 8eetien 1.9. Tame ofAddmW m This Adderhdrm shall be Weclivs on and from the Dole of Addendum. The Addendum shah continue for the Primary Terre of the Contrad and for any renewals thereof. j I • ..___=:s~ s- ~..y'..~_."^" • , i.. ~ 4f,r r ' A F~ a. i' Ax ' Y k t • AGDENDLOA TO CONTRACT BETWEEN CTTY Of DENTON AND UTRM FOR WATER TREATMENT AND TRAMMMON BERMES PAGE i IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Addendum to be duty executed in several oounterparts, each of which shell constitute an original, all as of the day and year first above written, which is the Date of Addendum. UPPER TRINITY REGIONAL WATER DISTRICT Richard Hucitaby PresiderM, Board of Directors ATTEST: tDMkt t~ 1 Y e ,8 n APPROVED AS TO FORM AND ALITY: John F. Boyle, Jr., Counsel for the District CITY OF DENTON, TEXAS Ted Benavides, City Manager ATTEST: • Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: ~ I b.~JX ,~i•,c 1- ~ O O Herb Prouty, Cit Attorney C.1 DENTON'GONTRA rADD.WTET IOT ~ i I i Not I r, • :,.,.,...c.a, ..u ,,..r.,:,,...,,w.v..+.~.,.._ .:....:..........u...s..._w....,........a:...._ww,:r,r.,,K.,Yx~at,.,w.;xWr.MYIamIMbVF% EXHIBITS A and B e ibits A and B as contained in the original Contract remain valid and in effect Said 6fibits we moored or supplemented only to the eAent provided in this Adden&m J I i -1xci-i • / • s , • or era: n u N+cb ax I§\- N ° \ e Z EMF,lGENCY Z • G+a N~1EG7'/cW 'b Not To Sosls ~ Po/NT a ~C Corlnth/Lsks ClUes MUA Nor►hsrn IG° Detlvery Plpsll ' ~ , ~ • lad a, C '~1 ~ olr~" l~5~2 p. A Pn ?s~ -o /Pf Sizt/TYPE' f1// f?H G0RrNTM P 75-00 A C.F. ^Ivf1CY RGC poiNr • J x' e MEMORANDUM REGIONAL WATER DISTRICT TO: Howard Martin Dir r of E" onmoo >Speratkwa, City of Denton FROM: Thom Executive Director DATE: November 12, 1996 RE: Contract Addendums On November 7, the Board of Directors approved both Contract Addendum. Enclosed are 3 executed originals of each Addendum. Your scheduling the Addendums for oonsideration by the City Council Wit be appreciated. Upon approval, please execute the documents and return 2 originals of each document to ma. Based on my discussion with both you and Tim Fisher, I understand that one Issue is stin being discussed • the matter of how Denton's stare of the Sanger Trwwnl Won Una will be reimbursed. The provisions of the Addendum provide for flexibility; however, M you deske a different method of repayment to be specilled, please let me know as soon as possF04. I can provide a substitute page for Insertion In the Addendum. Howard, I appreciate your help end cooperation In prsparkV these documents. This Is another example of taw cooperation and creativity produce good benefit for both Denton and the District. Call me If you have any questions. c: Mr. Robert E. Nelson, Executive Director of Utilities, City of Denton Encl: (1) Addendum to Joint Ownership and Operations Contract Between City of Denton and UTRWD • Regarding Participation In Sanger Transmission Une (2) Addendum to Contract Between City of Denton and UTRWD For Water Treatment and Transmission Services c ti eo.na.wom,„xce i~ 1~ 0 • O J,\"PDOCS\GRD\SAYGER, ORD 97-ooG . Apcnaa No. Aperda Item Date_ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECJTE AN INTERLOCAL ADDENDUM TO JOINT OWNERSHIP AND OPERATIONS CONTRACT BETWEEN THE CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT F.6GARDING PARTICIPATION IN THE SANGER TRANSMISSION LINE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("the City") and the Upper Trinity Regional Water District (the "UTRWD") entered into a May 6, 1993 Joint Ownership Contract (the "Contract") to jointly develop and operate a water transmission line (the "Joint Transmission Line") from the vicinity of Lillian Miller Parkway and Interstate 35E, and extending generally along Lillian Miller Parkway to the vicinity of Old Alton Road near the south city limits of Denton; and WHEREAS, construction of the Joint Transmission Line has been completed and the line is operating satisfactorily; and WHEREAS, the UTRWD is planning to construct another transmis- sion line (the "Sanger Transmission Line") that will connect to the north portion of the City's water distribution system in the vicinity of Loop 288 and Interstate Highway 35, extending generally along IH35 to the City of Sanger; and WHEREAS, the Sanger Transmission Line and its connection to the City of Denton's system is authorized under a certain contract for Water Treatment and Transmission Services dated July 21, 1992 between City and UTRWD; and, according to said contract: "Denton may participate, at its own option, in the capital and operating cost of said pipeline based upon its proportionate share of the overall transmission capacity of the line, up to the limit of Denton's extraterritorial jurisdiction." WHEREAS, in said July 21, 1992 contract, City agreed to provide • transmission service for UTRWD water through the City water system to the Sanger Transmission Line and to other delivery points on City's water system; and WHEREAS, City desires to participate in the capacity and proportionate cost of the Sanger Transmission Line to be construct- ed by the UTRWD; and • O J WHEREAS, City and UTRWD desire to enable such participation in the Sanger Transmission Line by an Addendum to the Contract; and WHEREAS, City has agreed by separate ccntract to convey to UTRWD certain pipeline facilities associated with water service to the City of Corinth and Lake Cities Municipal Utility Authority, z s and City and UTRWD desire to increase City's share of the Joint Transmission Line in Lillian Miller Parkway as consideration for said property being conveyed; and WHEREAS, City and UTRWD desire to implement such other contract provisions as will enable joint participation in the Sanger Transmission Line and to provide for the UTRWD to purchase treated water from City for resale to Sanger; and WHEREAS, UTRWD agrees to use its best efforts to design, construct and complete the Sanger Transmission Line as provided in this addendum to contract; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager Is hereby authorized to execute an addendum to the Joint Ownership and Operations Contract Between the City of Denton and Upper Trinity Regional Water District Regarding Participation in the Sanger Transmission Line, a copy of which addendum to contract is attached hereto and incorporated by reference herein. SECTION ii. That the expenditure of funds as required in the attached addendum is hereby authorized. SECTI N III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ^ day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: M3 r. . O MIN • • ADDENDUM TO JOINT OWNERSHIP AND OPERATIONS CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT REGARDING PARTICIPATION IN BANGER TRANSMISSION LIN THE STATE OF TEXAS § § COUNTY OF DENTON § This Addendum (the 'Addendum') to an existing contract styled as JOINT OWNERSHIP AND OPERATIONS CONTRACT, doted May 6, 1983, (the 'Contract') by and between LIPPER TRINITY REGIONAL. WATER DISTRICT, (the 'District'), a oonmvetion and redamation dutrid crowed pursuant to Amide XVf, Section 59 of the Constitution of the State of Texas, and the CITY OF DEMON ('Denton'), a municipal corporation, is made and approved as of the day of 1986 (dw *Date of Addendum'). WITNEA"Jit WHEREAS, Denton and District ordered into the May 6, 1993 Joint Ownership and Operations Contract (the 'Contract') to jointly develop and operate a water transmission fine (the 'Joint Transmission Line') from the vicinity of Lillian Miller Parkway and Interstate 35E, and extending generally along Lillian Miller Parkway to the vicinity of Old Anton Road now the south city • limits of Denton; and WHEREAS, construction of the Joint Transmission Line has been completed and the tine is operating satisfactorily; and 7:1- Zf Div Z, • 0 M Gw*Ad BO. oay of Dodd" W DTRWD Roar is awaw Trmwoksin Lie rap 2 WHEREAS, the District is planning to construd another transmission line (the 'Sanger Transmission Line') that win axined to the north portion of the Denton water dstribution system in the vicinity of Loop 288 and Interstate Fighway 35, extending generally along IH35 to the City of Sanger; and WHEREAS, the Sanger Transmission tine and its connection to the Denton system are authorized under a certain contract for Water Treatment and Transmission Services dated July 21, 1992 between Denton and DWAd; and, according to said axkraet, 'Damon may participate, at its option, In the capital and operating cost of said pipeline based upon its proportionate share of the overall transmission cepac8y of the line, up to the limit of Demon's extraterritorial )urisdidion.' WHEREAS, in said July 21. 1992 contract, Denton aproM to provide trsmmisaion service for Distrid water through the Denton water system to the Sanger Transmissiai Line and to other delivery pants on Denton's water system; and WHEREAS, Denton desires to participate in the capacity and proportionate cost of the Sanger Transmission Line to be constricted by the District; and WHEREAS, Denton and District desire to enable such participation in the Sanger Transmission Line by this Addendum to the Contract; and WHEREAS, Denton has agreed by saparate contract to convey to District certain pipeline • facilities associated with water service to City of Corinth and Lake Cities Municipal LAility Authority, and Denton and District desire to increase Denton's share of the Joint Transmission Una in Lillian Miller Parkway as consideration for said property being conveyed; and WHEREAS. Denton and District desire to implement such other contract provisions as will 6 enable joint parWpetbn in the Sanger Transmission Line and to provide for the District to purchase treated water from Denton for resale to Sanger. • • AMeedr %Cw*ecl anwer ay of rUe6oe nr uTR" Rywding go"w TlenwWoibe Lbw Pyei NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the District agrees to use is best efforts to design, construct and complete the Sanger Fransrrwssion Una upon and subject to the terms of the Contract and this Addendum as hereinafter set forth, to-wit: AGRE~MEN Section 1.0. That the matters stated In the preamb a hereof are due and correct and are kmrporded into the body of this Addendum as if copied in their entirety. Section 1.1. AIIM of The provisions of the Contract shall rermn in fu N force and effed as suppWrtainted by this Addendfxn. Further, Denton and District agree !a add the provisions of this Addendum to provide for joint participation by Denton and District In the Sanger Transmission line and to increase Denton's share of the Joint Transmission Una as reflected in Exhibit A (Revised) attached hereto and Morporated herein for alf purposes. Section 1.2. District and Denton agree that Denton's participation in the Sanger Transmission Una will increase Denton's parlicipation in the Regional Treated Water Project as specified in the Contract only as provided herein. a) Denton's participation in the Regional Treated Water Projoct will Increase by the • defined limits of is participation in the Sanger Transmission line, and b) Denton wilt gain a greater share of the Regional Treated Water Project by the agreement herein to increase Denloa'r share of the Joint Transmission Line. Section 1.3. Participation in Sanger Transmission Line • Denton will participate on a pm rata basis in the Sanger Transmission Una in accordance • • with the limits, size and capacities specified in Exhibit C and with cost participation as specified in Exhibit D, hereto, which Exhibits are incorporated into this Addendum and the Contract for all purposes The Sanger Transmission Line shall be designed and oonsinicted by the District. • • AAMw/rw Y Cw * M MlwKw Ca) of Dos6m mA YT RW e Rwawrdbg hraw Trwawebsisw lir Pwp A Section 1.4. Extent of Park1jimbon DisWd agrees to provide for the Sanger Transmission Line between the points and along the general route and for the capacities delineated in Exhibit C. Denton may transport water for As own use through the Sanger Transmission line up to the peak day %;apecities provided for in Exhibit C. Section I.S. ftmial PMAgo" Menton and District acknowledge and agree to the special provisions related to the Sanger Transmission Lkhe which are set forth In the attached Exhibit D. which ExhibO is incorporated into this Addendum and the Contract for ant purposes. Section 1,6. Sala of Water As provided inthe Juy 21, i M contrad between Denton and District, Denton reaffirms its agreement to sett wholesale treated water to District for delivery and resale to Sanger. Such sale of water by Denton shall be on a wholesale basis in accordance with said July 21, 1992 Contract, as amended or supplemented. Section 1.7 Eaitw Pavrtwnt Dentin may prepay or pay the remaining balance of its share of capital cost participation in the Sanger Transmission Line or the Joint Transmission line at any time. The amount of such early payment will be equal to the unpaid balance including any deferred amounts. Section 1.8. T*m of Addend m This Addendum shall be effective on and from the Date of Addendum. The term thereof shall be the same as the term of the Contract and any renewals thereof. i • • ; • • roamer r caw,d &*mm Gb co Nmm me vrR#M R V W&M Wyr T.rnwelnian Lh* tips IN WITNESS WHEREOF, the parties hereto acing under authority of their respective governing bodes have caused Addendum to be duly exeaAed in several counterparts, each a which shad constitute an original, all as of the day and year fist above written, which is the Date of Addend im. UPPER TRINITY RE"N WAT R DISTRIC r Richard F•ludraby President, Board of Directors ATT T: pMd 6«0 . a C 9YPRj AS T~ John F. Boyce, Jr., Counseffor the Oistric CITY OF DENTON, TEXAS ' ; ..1 Ted Benavides, City Manager ATTEST: • Jennifer Walters, City Secretary -r APPROVED AS LEGAL FORM • Herb Prouty, City homey 0 O n {x 1 0 0 • • t .,..,..nE'iurvw aN.wi ~ryCMi MM".ti1.9fi'V:'1,.'[.'iYi. NMMuw b CviYnY MMrn Cly K D~ rW UTRWD Iryrfny M 4W TMn Msbn Llm Par I EXHIBIT B Exhibit 8 as contained in the original Contract shall remain valid and in effea Said Exhibit is modified or supplem,anted :ny to the edent provided in this Addandum. a m~.rv+`+Qaw~wma v • J p P, • - • 19 Liam 1 , • ALAN PLUMNIER ti. R.o.w. z IO20' P a d p«mawnt 27~ DIA. V ca.trucfin 0 14.3 MGO R.O.w. b RwidwitfQl lpw~t a Z NOT TO SCALE Rai 20 P. t 26 Can+wNkn ~ Bea,p" LBQua 20' DIA. CEC,, ALLY ALONG LKIJAN MWR PKWY/ 0 = 6.5 MGD FM 2191 FROM INTERSTATE HIGHWAY 35E TO OLD ALTON mAN ROM PtPF SIZES 27' DIA FROM IH 35E TO FM 2181 20' DIA. FROM FM 2181 TO RYAN ROAD LAW 18' DIA. FROM RYAN ROAD TO OLD ALTON /f f ALU ATEn_OAPACITY OF 27- DIA. PI-PE, TOTAL - 14.3 NOD x DENTON SHARE - 72.7X (10.4 MGD) R a I bM Rw1 , UTRWD SHARE - 27.3% (3.9 MOO) 1 21Y Ps isow I. CALWI ATED CAPACITY Of 20' DIA. PIPE: 18* DIA. ' TOTAL - 6.5 MGD 0 = 4.9 MGD , DENTON SHARE. 39.9X (2.6 MOD) - ' UTRWD SHARE - 60.1% (3.9 MOD) WXORY pip ROAO CALCULATED CAPACITY OF 18' NA PIPF- f TOTAL - 4.9 MOO DENTON SHARE 0% (0.O MOD) DELIVERY W UTRWO SHARE 100% (4.9 MGO) POfNT . . 0 3 PtPELINE LENGTHS 4 TON c APPROXIMATELY 3,600 LF OF 27" DIA s APPROXIMATELY 5,400 LF OF 20" DtA a 1 o APPROXIMATELY 6,500 LF OF 18" DIA P n u N N Q: 1 EXHIBIT °A REMSEO" r JOINT TRANSMISSION LINE UPPER TRINITY REGIONAL WATER DISTRICT REGIONAL TREATED WATER PROJECT PHASE 1A PIPELINES 0 0 • , • t : _.......•.,......m+.uv....wr,,. a..,.vu,Maa..-rkwiG.m..b.. EXHIBIT B Exhibit B as contained in the original Contract shall remain valid and in effect. Said Exhibit is modified or supplemented only to the rodent provided In this Addendum. e .r I L a A,Ab f n0 ~~`/Y~1 4 d. ~r OP-P • • SANGER TRANSMISSION LIKE FM 1455 SANGER 0 5000 SCALE SANGER DELIVERY PIPELINE ROUE;, POINT NORTH FROM LOOP 288 ON THE EAST SIDE OF INTERSTATE HWY 35 TO GIST SOUTH OF RECTOR ROAD, EAST ON THE SOUTH SIDE OF RECTOR ROAD, THEN NORTH ALONG THE EAST SIDE OF COIA INC ROAD NORTH TO REC 12' DIA PIPE THE SANGER DELIVERY POINT. _ ROAD sm. 1Opa' OM FROM CONNECTION POINT TO OEIIVERY POINT. 1:' 01A. FROM - MILAM ROAD 10 SANGER DELIVERY. ~axATm CAPACITY OE 0 E VERY POINT to Du. PIPE INITIAL TOTAL ° 125 M DENTIN SNARE - 59X 1(1.92 MOD) UTRNO SHARE t 41% z 33 MGO) o) IL M (FM 3163 (t,3J R AD J PIPELINE LENGTH: Y APPX 17,000 LF OF 16' DA. PIPE - AWK 18,500 IF OF 12' DIA PIPE GANZER G NOIL ROAD F a THIS EXHIBIT ILLUSTRATES THE r) APPROXIMATE ROUTE OF THE 16' DIA PIPE F4 PROPOSED PIPELINE. ALONG THE GENERAL ROLITE SWAN, ACTUAL a LOCATION OF THE ~IP£LINE MAY I VARY FOR ENGINEERING 0~4 OTHER TECHNICAL REASONS. IF ACTUAL u PIPELINE SIZES OR ~'NGTHS - • VARY, BY MUTUAL AGREEMENT, f/jy • • THE SHARE PERCENTAGES SHALL G REMAN THE SAME. M 73 ~j LOOP 288 EXHIBIT C f PIPELINE LIMITS DENTON CONNECTION POINT AND CAPACITIES INITIAL q = 3.25 MGO a '.._n-. n. ~...9Afn~ 7 . •.n..~.-+VYKM~WMYMM„~:r~~w.. • • EXHIBIT D TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR PARTICIPATION IN THE SANGER TRANSMISSION LINE SPEOAL PROVISIONS REGARDING PARTICIPATION The provisions of thrf 'Exhtft D' form a part of the Contract and are applicable to the Upper Trinity Regional Water District (the 'Distrid) and to the City of Denton rDenlono) as if set lorth in their entirety in the body of the Contract. 11. The Dtsbld will construct the Sanger Transmission Llne as a pal of the Pmod as detlned in the Contrad. The DisriQ will own the Sanger Transmission Line, kxkx& g the rigM-0l way. except as otherwise provided heroin for [kMon's share of the Ins. The District will coordinate ,owing, design and rWd-d-way soyuisition with Denton. Y1Atlnin the City omits of Denton, the Distttd's Improvements shah not unduly confAd with any Denton master plan for land development District and Demon agree to ooon:Urists future Joint use of said rights-of-way within Demon for underground unities. District and DWon agree to ooor&Ws arrangements for parallel or adjoining essematts and other rightsofavay, lnduding rodixocal use of such easements and rights-of-way for temporary use dining construction, matins operational maintenance and for other nwluoly benefidal purposes. 2. It is mutually agreed that, within its share of the easement or right-of-way for the Sanger Transmission Line, Denton shag have the right to install and maintain other water lines, as well as sewer, underground electric and telecommunication facilitos owned by Denton. • r s. The District will provide the funds to design the Sangler Transmission Line, ` including acquisition or rights-of-way. The size of the line and capacities in the line for Denton and District, respectively, shall conform to the requirements of Exhibit C, hey eto. 4. After design of the Sanger Transmission Line has been completed and after approval by Denton, the District shall take competitive bids for construction. After receipt of bids and before a contract (or contracts) for construction is awarded, the District shaft give Denton • 0 • • Exh" D AddefAM b Comma E.w.. CRy D*nen W UTAWD Rep eftq EanW Tnmmh%lw LM ►opo p written notice of the District's recommendation regarding award of contract(s) and of Denton's share of tho proposed contract to be awarded. Unless Denton elects the financing option described in Paragraph 5 following, Denton shall deposit with the District, within forty-five (45) days, its pro rata share of the prop.sed construction cost for the Sanger Transmission Line plus the cost of special appurtenances, if any, n►quesled by and for Denton. The funds so deposited by Denton for construction shall be placed in an interest bearing constriction account by District. The District may withdraw funds from the construction account as required to make progress and final payment awarding to ft construction contn3ct awarded for ft Sanger Transmission Line. The District shall maintain an eocountiog of an direct expenditures for rights of way and for design and construction of the Sanger Transmission line, including ergirwerkq and geofachrkal services during conslnrdion. Upon completion of construction, Denton agrees to pay its share, if any, of contract change orders, direct services during construction, or extra costs required to complete the Sanger Transmission Una. After payment for change orders, ssrvioes during construction or extra costs, any surplus funds remaining in the interest bearing aooount shall be returned to Denton at completion of the contract(s). 5. At Denton's option, DisMct will provide funds to construct Denton's share of the Sanger Transmission Lk* according to this paragraph, Subject to the terms of the Contract and this Addendum, District will provicio and pay for the cost of the acquisition, design, constnoks n and improvement of the Serer Transmission Line, by issuing 4s Bonds in amounts which will be suf e'ert to accomplish such pu poses. Denton will make payments as required to pay its pro rata share of the Annual Requirement, as provided in Section 5.01 of the Contract and this • Addendum. To determine Denton's share of the Annual Requirement for Om Sanger Transmission Line, District will calculate the Capital Component of cost for Denton's share described in Paragraph 4 hereof based on actual costs of completion and the following schedule: Year 1: Capital Component of Cost will be based on the incremental cost (minimum 0 amount for total incremental cost equals $2130,000) to oversize the ppeline from twelve • • (12) inch diameter to sixteen (15) inch diameter for the interval indicated in Exhibit C. Years 2 through 9: Capital Component of Cost will be based on a graduated scale in even inuements to transition to a full pro rata cost partkapalion in the tenth (10th) year r-~-w c lam. °pp~A+1t111 - - - - ti.• _ art. • • i ~ aYe o i R~Nn/un~ Y Ca~ad hb.Nn Clry d 0«Aon ~t 11MA RpsnrYq U npsr Trn,nnisslon UM Page 3 Year 10 to Retirement of Bonds: Capital Componer.l of Cost will be based on pro rata share of capacity as indicated in Exhibit C. Said capital cost will include an interest component (at a rate equal to the intere st rote app "ble to the Bonds issued to construct the line) for the amount of pro rata cost deferred under this sch. mule. Subject to mutual agreement In writing, Donlon may pay its share of the Annual Requirement according to an altemative schedule dove" by the District . After Denton has paid its full pro rota share and after retirement of Bonds, the Capital Component of Cost will no longer apply. 6. If requested in writing by the District and agreed to by Donlon. Denton may acquire or purchase easements or rights-ol-way within the City Limits of Denton on behalf of the District for the Sanger Transmission Une. Specifically, Denton agrees to acquire or to amange for the dedication of necessary rights-of moy or easements in the Interval from the Denton Connection Point to the Delivery Point near Milam Road. The District will reimb'irse Denton for all dired cost associated with Denton's efforts to acquire said easement regardless of whether the easement is actually purchased. If requested by District and agreed to by Denton, Denton may exercise its power of eminent domain on behalf of the District. 7. On behalf of Denton and District, Denton agrees to operate that portion of the Sanger Transmission Line up to the Delivery Point (meter) and to be responsible for normal and routine maintenance of said portion of the Sanger Transmission Line according to the standards of Denton's own water transmission and distribution system. Denton will maintain records of the A actual cost of such maintenance and will send periodic reports of cost to District for reimbursement of cost in proportion to respective share of rated capacity of the pipeline acccrding to Exhibit C. Oistricl shall have reasonable access to Denton's records to verify such costs. District hereby agrees that it will make payments to Denton according to the provisions of sections 9 5,06 and 5.07 of the Contras!, which sections are otherwise appkable to Denton. If, in the • 0 opinion of Denton, extraordinary maintenance such as pipeline replacement exceeding 1% of the length of the pipeline is required, Denton shall give written notice of such needed replacement I • • xdaaMam to cwwad Babas a cry w Daaiba aM YTR WD x,"" N+yai TnmuM4o4 Liu "*Ago page r to District, and District and Denton shalt mutually determine which party shall take appropriate steps to accomplish such extreordirury maintenance, 9. Prior to oompletion of oonstrucCon of the Sanger Transmission Line, Denton's Executive Director of tlUW3 shall develop a mutually satisfactory written procedure for coordinating the operation and maintenance of the Sanger Transmission Una and for each party to notify the other party of any activities which may affect the operations of the other party's system. 9. The Delivery Point for water by Denton shall be at a mutually agreeable location at a mid point on the Sanger Transmission Line at the approximate location shown on Exhibit C. 10. AN meter fadhities for the Sanger Transmission Una shall conform to Section 4.03, 'Metering Equipment' of the Contract. District shall pay for and instal appropriate meter facilities, including rate of flow cordrollor and bad-flow prevention device at the Delivery Point. District will own the metering facilities and Denton will provide normal maintenance and c:%ndion, the costs of which are eligible for inclusion in service rates, 11. Denton may purchase the District's rights, in whole or part, in the Sanger Transmission Line if District, at arty future time, gives notion that its share of the Iiri- is no longer needed for District purposes. The price to be paid by Denton to District to purchase any potion of the District's share of the Sanger Transmission Line under this paragraph shall be-equal to • the original cost thereof for the DisL-:,A's share, less socumutat id depreciation plus a ci dit (not to exceed said purchase price) for revenues, if any, received by District from Denton and other public utilities for use of the righis-of•way included in the Sanger Transmission Una. Depreciation expense will be computed on a straight line basis over a period not to exceed thirty (30) years for that portion of the pipeline owned by District. For that portion of the pipeline owned by TY,'jB • under a State Participation Agreement, depreciation expense shall start when the District • O purchases the TWDB's interest or five (5) years from date pipeline was first used for public ''J service, whichever date occurs first, d.. GJ • tIA" 0 A4#m*w W Cs "d Gdt~ Cly of 0*66bn and UTRWO R"@Rw4 Mnpu TnnuNUba LMT For i 12. if Denton purchases the District's share or any portion thereof of the Sanger Transmission Line under the provisions of this Exhibit, District shah continue to enjoy certain rights in connection therewith: (1) to receive water from Denton; (2) to deliver water to Denton; and (3) to-0eGver water to intervening customers of District along the fine as may be provided by contract; and (4) to have the eghl of emergency exchange of water between Denton and District through the pipeline. 13. If Denton desires and requests the District to construct im movements or instate appurtemnoes for Denton as part of the Sanger Transmission Line, V ich improvements or appurtenances are not otherwise needed by District. Donlon sha: in responsible for the entire cost of such improvements or appurtenances installed for the v de benefit of Denton. 14. In a separate contract dated July 21, 1992 for WATER TREATMENT AND TRANSPORTATION SERVICES (as supplemented), District agreed to Increase Denton's share of the Joint Transmission Line, as oonsi kvetion for certain property being oonvr/ed to DsUfot. Said increased share shah not cause an Increase In the amount to be paid by Denton for its share of the Annual Requirement for the Joint Transmission Une. Rather, the increased sham will result in Denton having larger capacity In the Joint Transmission Line and a cormsponding smaller share to acquire horn the District when and if Denton acquires the Oistries share of the Joint Transmission Line under the terms of the Contract. See Exhibit A (Revised) for the revised respective shares of the Joint Transmission Line. 15. Notwithstanding any provision in this Addendum and the Contract, Denton state have no responsibility for any portion of ft Regional Treated Water project other than the Joint Transmission Line and the Sanger Transmission Line. DENTON COW44C rADOSBTI EXD i i i i DATE: January 23, 11997 CITY COUNCIL REPORT Agenda No_qr_0-0 Agenda Ite ~ 0 TO: Mayor and Members of the City Council Date9 FROM: Ted Benavides, City Manager SUBJECT: UNIVERSITY OF NORTH TEXAS VISUALIZATION LABORATORY RECOMMENDATION: Staff recommends approval of a contrast with the University of North Texas for the Visualization Laboratory. SUMMA Y: The University of North Texas Visualization Laboratory has been established to enhance teaching, research, and outreach capabilities. Pp,OGRAMS, DEPARTMENTS OR GROUPS AFFECTED: In return for support of two research assistants (internsf, the UNT Visualization Laboratory will provide training and technical assistance and participate In conducting visualization projects of interest to City of Denton. This project will also provide training to City of Denton employees on the use of visualization techniques planning via a two-day workshop to be held in early summer 1997. In addition, the LINT silicon graphics computers and associated software will be available for City of Denton agencies/personnel for use in visualization pro;ncts. FISCAL IMPS: The City's contribution to fund this program is 832,150. Respectfully submitted: , Ted Benavides City Manager Pre Dnd y: SL at u e • Aoo,ow~ _ ~ • • o S L Kathy IQs AFF013CO ~.RYSa.yr.o..~nrw V V e r. r J:\VPDOCS\00\7VUVS S IO.ORD . ORDINANCE NO. _ AN ORDINANCE APPROVING AN AGREEMENT BETWREN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS TO PROVIDE FUNDING TO THE UNIVERSITY OF NORTH TEXAS VISUALIZATION LABORATORY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City of Denton to provide public funds to the University of North Texas, in consideration of the valuable public services to be furnished by the University of North Texas to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-I- That the City Council hereby approves the Agreement attached hereto, between the City of Denton and the University of North Texas to provide funding to the University of North Texas, Visualization Laboratory, to enhance its teaching, research and outreach capabilities, and authorizes the Mayor to execute said Agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1997. JACK MILLER, MAYOR 0 ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 BY: 0 APt "0VEL) TO LEGAL FORM- 1104 HERBERT L. PROUTY, CITY ATTORNEY BY: r j _ "Pk s AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS (UNIVERSITY OF NORTH TEXAS VISUALIZATION LABORATORY) THIS AGREEMENT is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its Mayor, pursuant to ordinance, hereinafter referred to as the CITY, and the University of North Texas (University of North Texas Visualization Laboratory), Denton, Texas, hereinafter referred to as CONTRACTOR. WHEREAS, the College of Arts and Science at the University of North Texas has established a Visualization Laboratory to enhance teaching, research and outreach capabilities. The laboratory is equipped with computer technologies capable of producing maps, photographs, three-dimensional models and animated videos. The students and faculty of the University of North Texas in the areas of Geography, Mathematics, Computer Science, Environmental Science and Biological Science will be taught to utilize visualization techniques to facilitate analyzing and communicating the results of research; and WHEREAS, the Visualization Laboratory will also assist the University of North Texas and the Denton community in understand- ing, through the use of computer visualization, the effects that various scenario of future growth and development will have upon the CONTRACTOR and the Denton Community; and WHEREAS, CONTRACTOR has invested in and secured in excess of $250,000 in computer equipment and software to develop the Visualization Laboratory. The Laboratory is housed in the Center for Remote Sensing and Landuse Analysis located in the General Academics Building of the University; and WHEREAS, Bruce Hunter, Research Scientiat in the University's Institute of Applied Sciences will serve as the Technical Coordina- tor of the Visualization Laboratory. CONTRACTOR has determined that it needs 'issistance to support student interne to staff and provide day-to-day assistance to users of the Visualization Laboratory. The interne will provide training to users of the Visualization Laboratory; will guide users on how to utiliz- the computer software and hardware; will assist users with projects; and will conduct visualization projects for the University as well as the City of Denton; and e - WHEREAS, CONTRACTOR has requested financial assistance and o support from the CITY in order to properly staff the Visualization Laboratory with the student interns referred to in the preceding paragraph; and in return for the CITY's support for the interns, the CITY will receive training for CITY employees on the use of visualization techniques in planning; CONTRACTOR will provide a training workshop planned for the early summer of 1997; CONTRACTOR will provide the CITY with coordinated access to the CONTRACTOR's 3 r • • silicon graphics computers and visualization software for use in the CITY's visualization projects; and the CITY will receive assistance in conducting its visualization projects from the visualization Laboratory Technical Coordinator and the two interns staffing the laboratory, subject to the limitations of the CITY's use as set forth in Exhibit "A" attached hereto; and WHEREAS, the CITY and CONTRACTOR recognize that they each will receive benefits from this Agreement which will permit the development and operation of the Visualization Laboratory, and believe that this Agreement will generally be of benefit to the citizens of the CITY; and WHEREAS, the CITY has adopted a budget which permits the expenditure of funds hereunder, and; the CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the CITY and CONTRACTOR do hereby agree, and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter set forth: I. TERM This AGREEMENT shall commence on or as of January 1, 1997 and shall terminate on December 31, 1997. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory ana efficient manner as reasonably determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S Vice President for Financial and Business Affairs to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the O contrary is received from CONTRACTOR, and approved by CITY. The Executive Director For Finance, will be CITY's repre- sentative responsible for the administration of this AGREEMENT. CITY'S OBLIGATION O O O 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 this AGREEMENT, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $31,160. Page 2 • i 0 • • H. Meseure 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, subject to the limitations and provisions set forth in this Section and Section VII of this AGREEMENT. (1) It is expressly understood that this AGREEMENT obli- gates the City Manager's Contingency Account and the City Utilities Special Service Fund solely, but in no way obligates the General Fund or any other monies or credits of the City of Denton. (2) 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 all exhib- its attached hereto; (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRACTOR, or termination of the AGREEMENT, whichever date is earlier; (e) is not an allowable coat as defined by Section IX of this AGREEMENT or the project budget. • (3) CITY shall not be liable for any coat or portion thereof which is incurred with respect to any activity of CONTRACTOR requiriny prior written authorization from CITY, or i after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (4) CITY shall not be obligated or liable under this • AGREEMENT 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 CONTRACTOR shall comply with all applicable Federal laws, laws of the State of Texas and ordinances of the City of Denton. Page 3 c_. • • 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 _hey 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 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. Vol. PERFORM,XNCE BY CONTRACTOR A. CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the STATEMENT OF WORK, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Proposed Budget, Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment r for full and satisfactory performance of the program, as reasonably determined solely by CITY and in accordance with all other terms, provisions and requirements of this AGREEMENT. l in the odifications B. No • m OF WORK byCONTRACTOR without the prior written e approval • • of the CITY'S Exracutive Director for Finance. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a r,iaximum amount of money totaling $32,160 for services { Page 4 ~O • rendered pursuant to this AGREEMENT. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. Funds are to be expended by CONTRACTOR primarily as shown in the Proposed Budget, Exhibit "B". i 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 at;y 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. Deobiigation 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. D. Contract Close Out. CONTRACTOR shall submit the AGREE- MENT 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. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR for said report. At the termination of the AGREEMENT, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A University of North Texas check for the net aggre- gate amount payable to the City of Denten; (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. 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 Page 5 s written notice to CITY. B. Any supporting financial statements heretofore or hereafter requested by CITY and furnished to CITY by CONTRACTOR, 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. 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 CONTRACTOR. D. 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. E. Each of these representations and warranties of CONTRAC- TOR shall be continuing and shall be deemed to have been repeated by the submission of ei^h request for payment by CONTRACTOR. IX. ALLOWABLE 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" hereto. B. Approval of CONTRACTOR's Proposed Budget, Exhibit "B", does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: ! (1) 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. (2) Any alterations or relocation of the facilities on ! and in which the activities specified in Exhibit "A" are conducted. ! (3) Any alterations, deletions or auditions to the Personnel Schedule incorporated in Exhibit "B". (4) Any fees or payments for consultant services. Written requests for prior approval are CONTRACTOR's responsi- Page 6 a .4 r ZIP - P~ • • I I 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. X. 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 e d liability under any other provision of this AGREEMENT or any applicable law. 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 three years. 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, the CONTRACTOR shall make avail- able to CITY, or any of its authorized representatives, records pertaining to this AGREEMENT 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 data requested by said representatives. ` XI. III P.EPORTS AND INFORMATION • At such times and in such form as CITY may require, CONTRAC- TOR 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 benefi- ciary report shall provide a detailed description of client information using the Visualization Laboratory. The financial Page 7 9 z: ` • t^-- - 0 • • report shall include information and data relative to all program- matic and financial reporting as of the beginning date specified in Section I of this AGREEMENT. XII. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this AGREEMENT from time-to-time. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Statement of Work containing the program goals and objectives, which are attached hereto as Exhibit "A", as well as other provi- sions 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 record-keeping responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to delay CITY in such monitoring, and to designate one of its staff to coordinate the monitoring process as reasonably 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 ten (10) working days of receipt by CONTRAC- TOR. 1 XIII. ! EQUAL OPPORTUNITY A. CONTRACTOR shall at all times comply with the Equal Employment Opportunity Act and other related Federal law and regulations. r B. CONTRACTOR will furnish all information and reports F reasonably requested 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 0 0 J regulations. xlv. ' PERSONNEL AND MANAGEMENT POLICIES Personnel and management policies shall be established by CONTRACTOR and shall be available for examination by the CITY. D Page S y ~n~-.- e.--.. .✓,Uqf `i 1 1.e. '1+1 _ _ Wiw.O(rR _~t~_L. ~ _ i • • XV. CONFLICT OF 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 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 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 or her personal interest or the interest in any corporation, partnership, or association in which he or she has direct or indirect interest; or (2) have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof. XVI. POLITICAL OR SECTARIAN ACTIVITY 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 anthe election (including, public activity offie) further calimited ndidate o for an of u any not y or defeat 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. , n XVII. PUBLICITY A. Where such action is appropriate, CONTRACTOR shall pub- licize the activities conducted by CONTRACTOR under this AGREEMENT. B. Any and all published material and written reports Page 9 y 0 0 • • submitted under this project must be originally developed material unless otherwise specifically provided in this AGREEMENT. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. XVIII. CHANGES AND AMENDMENTS A. Aa1y alterations, additions, or deletions to the terms of this AGREEMENT shall be by written amendment executed by both parties, except when the terms of Lhis AGREEMENT expressly provide that another method shall be used. B. CONTRACTOR may not make tranef_-rs between or among approved line-items within budget categories set forth in Exhib- it "B" without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and sucn 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 information, 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 attached hereto. 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. E. CITY may, from time to time during the term of the AGREE- MENT, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes i shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Proposed Budget contained in Exhibit B shall require the prior written • approval of CITY. O • J G. CONTRACTOR agrees to notify CITY in writing of any pro- posed change in physical location for work performed under this AGREEMENT at least thirty (30) calendar days in advsnce of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. ~J I Page 10 /G- "lip • • XIX. TERMINATION A. CITY may terminate this AGREEMENT with cause because of CONTRACTOR's violation of any of the covenants, agreements or guarantees of this AGREEMENT. CITY shall promptly notify CONTRACTOR in writing of its decision to terminate this AGREEMENT, specifying the reason(s) therefor; and the effective date of termination. B. 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 sourca, with the approval of CITY, pro- vided the termination by the outside funding source was not oc- casioned by a breach of contract as defined herein or as defined in any 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. C. 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 ah.~ll not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date of this AGREEMENT. XX. NOTIFICATION OF ACTION BROUGHT In Lhe event that any claim, demand, suit or other action is made or brought by any person (s1, firm, corporation or other entity against CONTRACTOR, which may involve the performance of this AGREEMENT, 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. Sich written notice • shall be delivered either personally or by mail. XXI. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign , this AGREEMENT or any interest therein, or any claim arising there- Page 11 3 a • • r under, to any party or parties, without the prior written approval of CITY. B. If any prevision of this AGREEMENT is held to be invalid, illegal, or unenforcrable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent if 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 in- stances 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. U. 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 writter. 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. For purposes of this AGREEMENT, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: IQ CITX: TO CONTRACTOR: • City Manager Phillip C. Diebel City of Denton V.P. for Financial & Busineas Affairs 215 E. McKinney St. University of North Texas i Denton, Texas 76201 Denton, Texas 76203 III IN WITNESS WHEREOF this Agreement has been executed by CITY and CONTRACTOR by and th ough their respective duly authorized • officers, on this the day of 1997. _ ~ A O CITY OF DENTON UNIVERSITY OF NORTH TEXAS (CITY) ( NSULTANT) BY: BY: JACK MILLER, MAYOR PHILL C. DIEBEL VICE RESIDENT FOR FINANCIAL AND BUSINESS AFFAIRS Page 12 • f i i . :.:;t.,.r,L4Sa.....X.t!~j'f.'t~"':'a.3.~.".1'Sx+~Ai4'^.:Zrfi"444Ki,q"y.'~'Gl4+YG11L7'kYixtK'9195:'71RM"15L~4SSlr~i:. A ATTEST: ATTEST: JENNIFER WALTERS, CITY SECRETARY SECRETARY BY: BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: j I J,\%PDOCF\K\NR.K Page 13 5. Lr ¢ I -oil • • , EXHIBIT "A" STATEMENT OF WORK The College of Arts and Science at the University of North Texas has established a visualization Laboratory to enhance teaching, research, and outreach capabilities. This laboratory is equipped with computer technologies capable of producing maps, photographs, 3-D models, and animated videos. UNT students and faculty in Geography, Mathematics, Computer Science, Environmental Science, and Biological Science utilize visualization techniques to facilitate analyzing and communicating results of research. The visualization Laboratory will also assist the University and community in understanding, through the use of computer visualiza- tion, the positive and negative effects that various scenario of future growth and development have on the University and Denton community. The UNT Visualization Laboratory will provide the following services to the City of Denton in return for support of research assistants {interne): Provide training to City of Denton employees on the use of visualization techniques in planning via a two-day workshop to be held in early summer 1997. Provide access to City of Denton agencies/personnel to the UNT silicon graphics computers and associated software for use in City visualization projects. Access must be coordinated so that it does not conflict with the use of computers and software in teaching and research by UNT. Provide training, technical assistance, and participate in the conduct of visualization projects of interest to • the City of Denton in an amount not to exceed the value of $20,000. r A0 {4 ~iM1 r r.l e ,&a &MAMA • EXHIBIT "B" PROPOSED BUDGET University of North Texas Visualization Laboratory Environmental Science Program Projected Budget Period January 1, 1997 - December 31, 1997 Personnel Research Assistants (Interne) Salary of $1,000 per month for 24 student months $24,000 Fringe Benefits 0.15 x wages - 10.15 x $24,000) 3,600 Health Insurance $190/month x 24 student months 4,560 ! E Total $32,160 • i u -r I 1 5~~ t r J r~i r ,%tl~ WT • e Agenda Mo. - Agenda Item Date CITY COUNCIL REPORT FORMAT DATE: December 9, 1996 TO. Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Parent Loading Zone for Hanover Street at Croydon RECOMMENDATION: Approve the ordinance for the loading zone that would amend the school zone ordinance to allow parents to drop off and pick up their children in a designated loading zone at Woodrow Wilson School. SUMMARY/BACKGROUND: The Woodrow Wilson PTA has worked with the school administration to locate this loading zone to improve safety and efficiency during the morning and afternoon pickup and dropoff periods. The loading zone would fall inside the existing school zone, would improve safety for the children as they come out to the cars, and add some protection to the crossing guard.School staff would be relocated from parking there to the lot that has been designated as their assigned parking. Woodrow Wilson is the only school with double frontages so there should not be an issue of precedence setting. PROGRAMC DEPARTMENTS, OR GROUPS AFFECTED: Children,parents, PTA, and Adminstration at Woodrow Wilson Elementary School. Police; Crossing Guard, and Engineering and Transportation Department. FISCAL IMPACT Paint and signs are estimated at $250. RESPEC"FULLY SUBMITTED: Ted Benavides City Manager • Prepared by: r r Je lar Di a or Engineering and Transportation Approved: L' • E ~ • O J Jer r} I Dir 't r r o Engineering & Transportation , AEE00767 1 ;ti • MEMO To: 'red Benavides, City Manager From: Jerry Clark, P.E. Subject: Loading Area on Hanover -Woodrow Wilson Elementary Date: December 10, 1996 This request is from the Woodrow Wilson PTA who have developed a plan to improve the safety and efficiency of the drop off and pickups that occur on Hanover Street. Woodrow Wilson is the only school with dual frontages. The majority of the trips occur in the front of the school on Emerson. The small percentage that occur on Hanover are currently unorganized and not judged to be safe by the PTA Our field visits confirmed that this loading zone should help children get to and from their cars in a safer Hurter and help the crossing guard by opening up the space to the west of the crosswalk. Traffic Safety has approved this request for a 12V Loading Area on Hanover between the primary exit sidewalk and the junction of Hanover and Croydon. Staff recommended approval of this unique area that will yelp the school function better and that was citizen initiated. This change will be made to the overall school zone ordinance if approved. y r" J I 2 a a aY . • ~~~-r~ ~ i • rr a y~ r-,, ~ 4 • I i TSC MEMO November 20, 1996 page 3 ITEM 3 CONSIDER APPROVAL OF A BUS/PARENT LOADING ZONE FOR WQODROW WILSON ELEMENTARY SCHOOL ON HANOVER STREET: This request is from the Woodrow Wilson PTA who have coordinated their activity with the school administration. The primary need is to address the drop off and pickup activities that occur when parents choose the Hanover side of Woodrow Wilson versus the front entrance on Emerson. There is another cross street that comes in there which is Croydon. Woodrow Wilson is unique in that it has access on two sides (front and back) whereas most schools have frontage on only one road. Staff observed that staff members are currently parking in spaces where the dropoff and pickup wound and do occur. Those staff members do have designated parking in the lot that fronts on Windsor and Hanover. The issue could be solved by the administration telling the staff to park in their designated lot, but that would not guarantee the spaces would be open for loading. The only other loading zones we have at schools at this time are for bus loading which may happen at this location if approved. Staff would ask that the commissioners visit the site. Since it is well inside the school zone, the ordinance would only have to add a bus\parent loading zone with no other school zone changes. The exact location would run from Windsor to about 120' south past the sidewalk exit/entrance that i connects to Hanover. • AEE007DO 2 b 1-4 3 r • • TSC Minutes December 2, 1996 page 3 ITEM #3 CONSIDER APPROVAL OF A BUS/PARENT LOADING ZONE FOR WOODROW WILSON. ELEMENTARY SCHOOL ON HANOVER STREET: Clark said this is for the Woodrow Wilson school which is in the Emerson, Windsor Drive area. It's the only school that actually has two roads - one in front and one in the rear. Most schools strictly front on one major road like Malone, Highway 360 or Teasley Lane. You actually have loading and unloading occurring on two sides. Sharon Barnhill, from Woodrow Wilson PTA, is here to address the commission. Basically, staff's analysis of this is that this could be of acme value. It's actually happening now. There is some loading and unloading going on here depending on the time of day. Staff's report, which is prior to getting the letter, mentions Windsor and on down. They seem to really want, as per their drawing, 4 to 5 car lengths. It might be safer to use 6, 6 x 20 120 feet. This would give a pretty reasonable amount. There is loading going on all the way up to Windsor. But, we need to make sure it's big enough so it doesn't have to be added onto later if this is an a:ceptable alternative. The only other zones like this at other schools is a bus loading zone. This could be called something of the game nature because there is a lot of pickup traffic here. The only thing to really consider is compatibility. If the commission thinks this is setting any precedence that could be a problem, please let us know. Staff doesn't see that because it is an unusual situation. Staff does recommend approval with distances being worked out with Ms. Barnhill. They are asking for 4 to 5 cars. The commission could recommend 6 which is 120 feet if you think that is enough. Bacon said that curb is painted yellow and cars are still parking there. How is this going to be different? What is going to be placed here that will let people know you don't park there? Clark said it will be painted like a bus loading zone like the others. Signs will be installed that say "loading, unloading, and no parking". There aren't any signs up currently saying its a no parking zone. Hopefully, when it's correctly identified, people will use it for that. Also, the PTA is coordinating this with the administration. The people parking O there are primarily staff. When you get them moved, it will function correctly. Sawko asked, what happens if somebody violates that and parks there? Is there a penalty? Clark said there will be. This one should probably say "Bus/Parent". Because, that's mainly who will be using it. Sawko asked if staff could do that. Clark E said he thinks so, there should be enough flexibility as long as • their loading and unloading and not setting. Stephanie Berry, • • the prosezutor, is very good at figuring out little nuances. Bacon asked, can't you simply say, "loading and unloading zone"? AEE007F3 2 b 2-4 PION e e TSC Minutes December 2, 1996 page 6 Do you have to specify what it is? Clark said that might work too. That would clear up the need of ever having any buses there. Ridens asked if there was a sidewalk that comes out from the school? lark said yes, that's the main sidewalk. Ridens asked if Croyden dead-ends there. Clark said yes. Ridens asked if cars turn right off Croyden onto Hanover. Can they go back out toward Windsor? Clark said yes. Seely asked what would prevent someone from just pulling into that area, taking their child into school, and being gone 5.10- 15 minutest Clark said there is a crossing guard that could be instructed. The PTA could work with them and try to give verbal counseling on issues like that. There is a crossing guard standing right there that could probably help with that. They would be encouraged to do that with all the cars moving in and out. It can be confusing for the crossing guards; so, it may be in their interest to make it less confusing. Sawko said he could see if you just say "loading and unloading`, how one could get confused spending 5-13 minutes there. He could see how that might not be a good term after all. Bacon said she understands what Seely is saying. That's a real problem. Is there something that could be put on the sign that says you must be waitir.3 in your vehicle? You need people pulling in there and out not stopping. Ridens agreed. Clark said something like "while remaining in car". Hartsfield said that would be ok. Luce Paid the standard sign he has seen in other places says, "unattended vehicles will be ticketed". Bacon agreed. Ridens said or "owners risk" something like that. Sharon Barnhill, PTA representative, came forward to address the commission. She said, in answering Bacon's question about the painting, it is painted with less than 30 feet on either side of the crossing guard. It's all that's painted yellow now. They would like to have it all the way down to the exit of the parking lot. Especially, in the afternoon too, when there are cars along the r•-rb. Children see their parents in the lanes of • traffic and they step between the cars out to the lane of traffic to get to their parents car. That's when accidents are 1 near happening. They will take anything the commission can do. It's too narrow back there for the two lanes of traffic. There are normally cars parked on Hanover. If the care parked against the school site curb were eliminated, it will help the traffic flow too in e the earnings. There is about a 5 minute window to drop off e children before they are tardy. Ridens asked if cars park on both sides of Hanover? Barnhill AEE007F3 2 b 3-4 e e •_~rv ...~r.r-.. ...r .~r-Y` J4.4 MIMM~•14'.W n~rl.i • • TSC Minutes December 2, 1996 page 5 yes. Sometimes parents park on that far side, but during the day for the most part no. That's private property. They have encouraged teachers to not park against people's yards. They do park up and down there. For most part, the parking lot is never more than half full. There are plenty of spaces to accommodate the cars. Ridens asked if the people who park there have assigned spaces. Barnhill said they don't have assigned spaces but do have space to park. Bacon asked if that whole street were made no parking, would that pose a problem? Because when she was by there, if you have cars on the curb, there is barely room for two lanes of traffic. Would there be enough parking in the parking lots if you had that whole area no parking? Ridens asked all the way down to Windsor? Bacon said kind of that whole area for a loading area. You can only park there if you are picking up or dropping off a child. Barnhill said she didn't know it it were necessary from the parking lot up to Windsor. Just because, now they have made the parking lot one-way. There are times when you come to school with ice cheats, soda, etc. It would be nice to have a place you can have children come out and help with things you are carrying in. Bacon asked if that worked for parents to feed through the parking lot to pick up their kids. Does that work or does it get blocked? Barnhill said it tends to get blocked right there where the parking lot spills out onto the street. Especially, the lane of traffic coming from Windsor down Hanover, since they can't pull over to the curb. It stops the flow of traffic in the street. Where as, if those care could pull away, the cars exiting the parking lot could get out into the lane of traffic. Clark asked if 120 feet would be sufficient. Barnhill said that wnuld be ample. Barnhill said, the main consideration was to include Croydon up to the crosswalk giving the little crossing guard some extra room to see the children. Five or six car lengths would be enough. i Hartsfield asked, would there be no parking in the crosswalk? Clark said that's correct. It will increase the safety on each • side of the crosswalk. STAFF RECOMMENDED: Approval of the 120 feet zone. It sounds like they would ,-J like to keep the parking between the driveway and Windsor. Staff had written that before getting the letter. COMMISSIONERS: Ridens made a motion to approve the loading zone at Woodrow _ • Wilson school as proposed. Seely seconded the motion. Motion • O passed unanimously. AEE007F3 2 b 4-4 t fi' VV_ P e e +Iji~{ l "y~v +A~ s Il i7 11T Y It x.~} . 'x4 P+ Le. tt44 4 3 • A . 4 . L 1 9 1a.-~ i 2 d ORTHOPHOTOGRAPH t t J,\WPD0CS%0RD~W30CRCW CPI) 1 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A LOADING ZONE FOR SCHOOL BUSES AND PARENTS ON THE SOUTH SIDE OF HANOVER STREET FOR WOODROW WILSON ELEMENTARY SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY -LAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. when signs or markings are in place giving notice thereof, it shall be unlawful for any person to operate a motor vehicle other than a school bus or vehicle loading or unloading passengers upon the following streets or portions thereof in the City of Denton: The south side of Hanover Street from its intersection with the southeastern side of the Woodrow Wilson Elementary School driveway proceeding east for 120 feet. SECTION II. No person shall leave a vehicle unattended in a school loading zone. SECTION III, That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in confli.t with the provisions of this ordinance, shall remain in full force and effect. SECTION IV. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applica- tions, and to this end the provisions of this ordinance are severable. SECJION V Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and A punished by a fine not to exceed Two Hundred Dollars ($200.00). i SECTION VI,_ 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 t date of its passage. t PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR C. . • • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • F: .f • .-ter.-~-:.-.~_ • r . • ..w~ ._r .,i.. ......;,....~,.~...,.....r;.-,_w seders-:w~nuuiYiKMofioOW<1M~lAr$116NLL7Kt`R`1+. Agenda Ha, 97-oo Agenda Item Date ' CITY OF DENTW TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 TELEPHONE (817) 566-8307 Office of the City Manager MEMORANDUM DATE: January 31, 1997 TO: Ted Benavides, City Manager FROM: Rick Svehla, Deputy City Manager SUBJECT: REIMBURSEMENT RESOLUTION FOR MISCELLANEOUS DRAINAGE PROJECTS Late this week staff was able to confirm approval from all of the Oversight Committee Members for all of the miscellaneous drainage projects listed in the reimbursement resolution. Earlier this month the Oversight Committee met and recommended the State School Road project and the Shady Oaks project. This week, Jesse Coff6v and Brent Thornton, Drainage Subcommittee members toured the other four projects. They agreed with staff's recommendation and recommended the last four projects. After the tour, we polled the other committee members and they wore unanimous in their agreement to support the projects. If you o opjncil has further questions, I will be happy to answer them at your • cony ience. Rick Svehla Deputy City Manager ti ~ ns of AMMD099D Dedicated to QualityService" ZaM -A Yf?LK • • i f DATE: January 24, 1997 CITY COUNCIL REPORT TO: The Honorable Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: REIMBURSEMENT RESOLUTION RECOMMENDATION: Staff reconimends that the City Council approve the attached reimbursement resolution. The resolution will allow the Drainage Division to proceed with projects that will alleviate potential flooding. SL'MMARY: The Drainage Division is currently in need of capital funding for miscellaneous drainage projects. Although the Capital Improvement Plan for 1996-97 included a bond sale in the Spring of 1997, the Drainage Division is in need of funding prior to that sale. Attachment "A" explains • the necessity of the funds. 1 Legislation now includes a provision for designation of project expenditures prior to a bond sale as reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of $125,000 of the approximately $6,317,844 General Fund appropriable fund balance. The appropriable fund balance is availaDie for unforeseen emergencies that may arise. These funds ® would then be reimbursed with proceeds from the bond sale scheduled for April 1997. • • 7 he approval of this resolution will allow the projects to progress, yet does not require early issuance of debt. 2 z • r • NOR • • v ~ rDEPARTMENT AND GROUPS AFFECTED: The Drainage Division and the citizens that live in the vicinity of the drainage projects will be affected. FISCAL IMPACT: The resolution will allow $125,000 of the 1997 bond sale to bt expended earlier than scheduled. Respectfully submitted: Ted Benavides City Manager Prepared by: Harlan L. J fer Director of Fisc rations Approved by: • HnS~ Kathy Dubose Executive Director of Finance TB:hs • • 5 AFF013CB 3 • • Attachment "A" s CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. McKINNEY v DENTON, TEXAS 76201 (817) 566-8200 - DFW METRO 434.2529 MEMORANDUM T0: Harlan L. Jefferson, Director of Fiscal Operations FROM: Jerry Clark, Director of Engineering and Transportation DATE: January 29, 1997 SUBJECT: MISCELLANEOUS DRAINAGE FUNDS 1996-97 Th 3 projects listed below will be considered for the $125,000 Miscellaneous Drainage Funds for the 1996-97 Fiscal Year. PROJECT I - State School Road Culvert Replacement This project will replace two (36") corrugated metal pipes which were damaged beyond repair during the November 1996 storms: These pipes will need to be replaced with three (60") culverts in order to carry more water thus reducing the chances of recurring repair costs. PROJECT II - Shady Oaks Flume Replacement Several sections of an existing flume had washed out during the heavy rains which occurred in October and November of 1996. This project would build an inlet structure that would drop the channel flowline approximately three to four feet thus reducing the water velocity from the hillside. Channel protection and an apron would also be constructed to move water toward the earthen channel and protect the existing building located on the west side. This building is already showing some erosion around the • northwest corner of its foundation. PROJECT III - Jim Christal Road Bridge ' j The bridge on Tributary 4, located at the Dry Fork of Hickory Creek had collapsed and needs to be rebuilt. The City of Denton will be rebuilding the bridge by utilizing the - • labor of City p: rsonnel and renting the large heavy equipment needed (i.e., a large • • i crane, track hoe, etc.) to complete this project. Total cost will be approximately J $59,000 with $49,000 being disbursed from General Funds and $10,000 from Miscellaneous Funds. "Dediraied to Qualiry Service" • ..r. ..na.,:.•,.-,r.,......,.,..,..... w'ra..,:r.ra~.fa.M;A'.na:Yb1N'14C0 %AIyYlpi[yYa4s. I?M'A' PROJECT IV - Hillvlew Overflow Swale The head wall structure which was designed and built by the developer had collapsed and was replaced with a °Y" iniet. An overflow swale had been cut to carry water over the capacity of the pipe to the Cooper Creek Tributary. However, this swale had been filled when the homes in this area were built. In order to correct this problem, we will need to reline the overflow swale by installing an approved channel lining system. This should also prevent homeowners from refilling these drainage areas in order to reclaim additional yard space. PRQJECT V • Cooper Branch Channel The older section of the Tributary of Cooper Creek located between Cooper Branch East and West was built before channel lining was required within the subdivisions regulations. Sections of Northwood which connects to this subdivision had to build concrete channels which created a transition area and are now experiencing significant erosion problems. This project would provide an approved channel lining system which should resolve this problem. PROJECT VI - Duncan Street Channel Slope Protection The channel that runs from US 77 (Dallas Drive) to Duncan Street has some severe slope erosion. The slope that would be protected is where this channel makes a 90 degree bend to the east as it heads towards Duncan Street. A business (ABM Plumbing) is just to the north of this eroded area. These six projects have been presented to the Citizens Oversight Committee who recommended that they be constructed using the $125,000 Miscellaneous Drainage Funds from the 1996-97 Fiscal Year. 1 - • f loaran . • • A:\REIYs RE5 RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR MISCELLANEOUS DRAINAGE PROJECTS WITH BOND PROCEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, and construction of the projects described on Exhibit "A" hereto (the "Project") prior to the issuance of obligations to finance the project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the projects; NOW, THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $125,000 for the purpose of paying the c.)sts of the Projects. SECTION II. That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION III. That the foregoing notwithstanding, no tax- exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be r reimbursed is paid. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the day of 1997. • JACK MILLER, MAYOR 6 • + r. .:,+_n+a r.:..:. i.er s c: r,. •vr~..:orr aern. .r.,isx<vm.va. ~,e.mvwa r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: L 1 f 7 _r r Page 2 7 • i S j EXHIBIT •A" BOND FUND PROJECTS - $125,000 MISC DRAINAGE CAPITAL IMPROVEMENTS FY 96-97 1. State School Road Culvert Replacement $50,000 2. Shady Oaks Flume Replacement $10,000 3. Jim Christal Road Bridge t$10,000 4. tiillview Overflow Swale $15,000 5. Cooper Branch Channel (Cooper Creek) $25,000 6. Duncan Street Channel Slope Protection $15.000 $125,000 * Part of $59,000 project. $49,000 in General Fund • i - I 1' AEE007FE S i • Agenda NO, _~?3 Agenda Item Dale CITY COUNCIL REPORT TO: Mayor and Members of City Council FROM: Ted Benavides, City Manager DA7 E: February 4, 1997 SUBJECT: Consider adoption of an annexation schedule with regard to the proposed annexation of a 286 acre tract located north of Brush Creek Road and east of HWY 377. (A-75) tM OM NI .NDATION: Staff recommends approval. S~IAL►.IAIi;Y.: Realty Capital Corporation proposes to develop approx. 305 acres located north of Brush Creek Road and east of 11WY 377 to accommodate a single family large lot subdivision. The site is shown on site map included in attachment 41. Part of this tract abutting HWY 377 is located in the City limits of Denton. Planning and Zoning Commission approved a preliminary plat on i December 11, 1996, showing 142 single family lots and 2 nonresidential lots, (Attachment #2) The annexation process must confirm to requirements contained in the State law and the City Charter. The annexation schedule included in attachment #3 list the dates for various public hearings, public notification in the Denton Record Chronicle and adoption of the annexation ordinance. BACKGROUND: Realty Capital Corporation is in the process of purchasing the subject property for the purpose of dc%eloping a 142 lot single family estate type subdivision. Planning and Zoning Commission • approved a preliminary plat for this development on December 11, 1996. City Council received an annexation study on January 28, 1997, and directed staff to proceed with the proposed r annnexation. 1PROGRANIS, DEPARTMENTS OR GROUPS AFFECTED: • All city service departments including Police, Fire and EMS, Engineering, Utilities, Solid Waste, • Parks and Recreation, Library, Planning and Development, Anima! Control and Environmental IIealth. l 40, r i , _ v R::., a.. PC;JK'•:.n r'+•.r s.rrr: --.r'stm~wrt.n".-r-.,✓w•...: FISCAL ,IMPACT: The developer will be required to address the infrastructure needs on this site at the time of platting to include water, wastewater, drainage, access and perimeter street improvements including sidewalks, As this tract is developed in the future, the revenue benefits will exceed costs for municipal services. A fiscal impact calculation for a ten year period 1999-2008 ( assuming that development occurs as planned) shows that the City will collect a total of $1,310,432 in tax revenues and expend $930,701 for municipal services with a net gain of $379,731. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: Harry N. ersaud, MRTPI, AICP Senior Planner Appro " y Rick Svehla Deputy City Manager ATTACHMENTS, (1) Site map ! (2) Preliminary plat (3) Annexation schedule ! I L. ~ • O J J 2 i a• • IMM"I r~ • PROPOSED ANNEXATION A•75 % Z r ATTACHMENT 1 l\ 0011 z • i , i __Lrl1Po~YiQAI- r J _ tUa. w;~+~__-_ _L. tbotstrfp nallyllmits • l=~__ • Y The Hills of Argyle Water Area In Denton city limits 3 Sawer , a ~k O p ATTACHMENT 2 m '..cwo. '•r-. 1 lY A EA .a I. w.Til1 /[••CI,Pk MO.D[ORM 3' ! f _ U O RMWNC t•Tf DI,wN F/,O~ATf ~ / 31 .1/ • \1 / I.l,wHrlwX<yrAregPWW, - r ~ 11 NAYY IOI..MMrrff wow lN/,l.Irl y •PIM PITW r4T wlM llNPglr/,T 1 ~\~1 P M OCKLb11 Pr 1.OIRn P.,+IA „ FFF 1 npVCLUM,dIRYfI[.t1ul ~ D ~f„ D 31 ~mrr na 1n.Pr ° I: „ _ r / none ITS gP.R/1rW NON r.<,I PrAMMp _ ~ _ ~ ' C(O(A. N~PM•p'W[Wf7 OYM ` I Y. i T._ , , \ • 4,~~ I'uw urwrtm,.w r,onooP V f r•~ b, -t3• ;ifil \ ~'r . ,wwm NC q1(l rIMw W10f 11CM • 7) '03, @7' I • Itl~fwxn,/rcf trn OlKMrw ~ L ~{'I ~~x<40.r0 PUNT rM'1 MTN 7~' 7f ~ „ - n D4Pq Y1N ~ L IrNMII•b I~'7t A 11. .K •11\ Imttl lY•V ,1 .3 _ lwO Y1!/ 4 KrI f00r.q wtlA 4--WD'~ 1, rf P,Irt1.Ww11-. YG . ~ 17 !7 ~1 ~ ' 1 I _ I. 40 K-CEIVED r.c,la ~ q v IYb V1C1N111 „lr fr O. / ' I~ S wrl : C vww . •'.r1 The Hills of Argyle J A 112 LOT SINGLE FAMILY DETATCHED DEVELOPMENT ON Cf! Sr r, jll.r 001.07 ACRES IN THE J SEVERE SURVEY A-2161 r a~ • .rA1,, S'Y DENTON, DENTON COUNTY, TEXAS IPfrIC•AS rM FROK,S V' y36 ra •vlrrpr /4•os7 w+ ~ L„E,1 I i ~M/ N p Ml /rrOf A A'rtE•OC ml ATN ru,lvsl E Argyle OWNER. ENGDE t. " The Hills of RGLTY CAPITAL CORPOMT]ON 6uG tDEMDO P. IL 1111, xr Y y./trlr/ p/, M' owl PRELIMINARY PLAT xwrow, p(wrOft rOw cowry. fuu 5,....... I. Tp;• \ - 1 • ;r+...:v.u,n,c.r.n~.. a....... .rww :a,+wn.[.Y :_an.r.\L4•L"s9.L1~4'I'~VIW]':.~913+..f1^AL!QfQNY.M '..:Y I ATTACHMENT 3 ANNEXATION SCHEDULE- A75 January 21, 1997 City Council receives a report and give direction to staff with regard to the proposed annexation. February 4, 1997 City Council considers approval of a schedule for public hearings. February 6, 1997 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared. February 18, 1997 City Council holds first public hearing. February 20, 1997 Notice published in Denton Record Chronicle for second public hearing. March 4, 1997 City Council holds second public hearing. March 12, 1997 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council, {March 25, 1997 City Council institutes annexat.on. Fint Reading of annexation ordinance. March 28, 1997 Publication of Annexation ordinance in Denton Record Chronicle. Allay 6,1997 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 f OAlarch 25, 1997- Special called meeting. E 7 ..rte a ~ ~{~i c~,.~ ➢ 9i .F t, g„, :^7 • „s ,..cv.:;tltXta. -...~:zr.k~r}:,xt.d'~^C.Y~'c•~,tETH'}5~~i~,71(,..'i~''M~'sti~:; ipeoda No. 97-006 Agenda Item r2 T Oa A1111-f,7 CITY OFDENTON, TEXAS MUNICIPALSUILDINO DENTON, TEXAS 76201 TELEPHONE 817.566.8309 Office of the City Secretary MEMORANDUM DATE: January 29, 1997 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies/nominations: Keep Denton Beautiful Board - Fjola Jeffries has resigned. This is a nomination for Council Member Biles. If you require any further information, please let me know. Tenn,KIF to Cit cretary ACCOOOF4 J 0 i ~.I '1Adi.aied to Quality SersgW s r 1 • • ND PILE 1 , 1 ' I ~ 0 0 o