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HomeMy WebLinkAbout02-18-1997 • far IY ~ City Council Agenda Packet February 18, 1997 k I 1 • • Agenda No. 7- 008 AGENDA Agenda Item _ CITY OF DENTON CITY COUNCIL Date February 18, 1997 Closed Meeting of the City of Denton City Council on Tuesday, February 18, 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 CITYCOUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 1. Closed Meeting: Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOV'T CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, February 18, 1997 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible," CITIZEN REPORT 2. Joe Dodd regarding the Cable Television Ordinance. PUBLIC HEARING 3. Hold a public hearing and give staff direction with regard to the proposed annexation of a 286.57 acre tract north of Brush Creek Road and east of Hiobwny 377. (A-75) CONSENT AGEN 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 der,ignere to implement each item in accordance with the Staff recommendations. i • The City Council iRas received background information and has had an opportunity to raise E 0 O 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 attachec, to the ordinances (Agenda items 4-14). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval A the Consent Agenda. If no items are pulled, 0 r- • • City of Denton City Council Agenda February 18, 1997 Page 2 Consent Agenda Items 4-14 below will be approved with one motion. A citizen may rot speak or fill out a "request to speak" form on an item on the Consent Agenda unleas the item is removed from the Consent Agenda. The speaker shall be allowed to speak z:,d tle item shall then be considered before approval of the Consent Agenda. 4. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (Bid #1969 - Fleet Vehicles) 5. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (Bid #1976 - Distribution Transformers) 6. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (Bid #1987 - Refuse Truck) 7. Ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (Bid #1997 - Firefighter Station Uniforms) 8. Ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #1984 - Renovation of Denton City Hall) Ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #1995 - Kerley Street Culvert Improvements) 10. Ordinance authorizing the City Manager to execute a contract between the City of Denton and the Texas Department of Transportation's Grant for Routine Airport Maintenance Program (RAMP). 11. Resolution authorizing the City Manager to execute an agreement betweei, the City of Denton and the Texas Department of Transportation to provide financial assistance for 1 certain improvements to the Denton Municipal Airport. 12. Ordinance authorizing the City Manager to execute the contract between the City of • Denton and the Denton Community Development Corporation; and approving the expenditure of funds therefore. r 13. Ordinance authorizing the City Manager to execute a contract between the City of Denton and Binkley & Barfield, Inc. for the design of the Dim Christal bridges; and authorizing the expenditure of funds therefore. 14. Ordinance authorizing the City Manager to executc a real estate contract between the City of Denton and Robert W. Callahan, Dames E. Callahan and Ann C. Stark relating to the purchase of property in the vicinity of the City's Wastewater Treatment Plant. . _ w.,,. • • City of Denton City Council Agenda February 18, 1997 Page 3 ITEMS FOR INDIVIDUAL CONSIDERATION 15. Ordinance authorizing the City Manager to execute an amended agreement between the City of Denton and Nebrig & Associates, In.,., to lease certain premires of the Municipal Airport and construct and maintain an office, hangar, maintenance, and related aviation facilities thereon. 16. Ordinance annexing and establishing temporary agriculture "A" zoning district classification on a 11.24 acre tract located south of Robinson Road and east of Nowlin Road. (A-74) (The Planning and Zoning Commission recommends approval 6-0.) 17. Ordinance of the City of Denton providing for the establishment of the schedule of compost and wood mulch rates in cortnection with the sale by the Water Reclamation Division of the Wastewater Department of the City of Denton to the general public for compost and wood mulch. 18. Ordinance of the City of Denton amending Chapter 28, Sections 27 and 28, of the Code of Ordinances of the City of Denton, Texas; adopting the 1994 Uniform Building Code with certain amendments, deletions, and additions thereto; providing for a severability clause and repealing clause; and providing for a maximum penalty as provided in Section 1-12 of the Code of Ordinances of the City of Denton, Texas. 19. Ordinance amending Chapter 29 of the Code of Ordinances of the City of Benton, Texas to provide for the adoption of the Uniform Fire Code, 1994 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000 for violations thereof; providing for a severability clause; and repealing all ordinances in conflict therewith, 20. Ordinance ordering an election to be held in the City of Denton, Texas, on May 3, 1997 and if a runoff election is required, on May 31, 1997, for the purpose of election council members to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual n')tice • of the election; ordering that an electronic voting system be used; making addir,onal provisions for the conduct thereof; and other provisions relating thereto. r 21. Resolution authorizing the City Manager to rxgotlate a contract with the Children's Trust Fund of Texas for a Family Resource Center. • 22. Consider nominationslappointments to City Boards and Commissions. • 23. Consider a schedule for future City Council meetings. 24, Vision Update 25. Miscellaneous matters from the City Manager. • • City of Denton City Council Agenda February 18, 1997 Page 4 26. Official Action on Closed Meeting Items: A, Legal Matters B. Real Estate C. Personnel D. Board Appointments 27. New Business This item provides a section for Council Members to suggest items for future agendas. 28. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX, GOVT CODE Sec. 551.074 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1997 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE • CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH • THE CITY SECRETARY'S OFFICE. ACCI)03ti1 E • r - • • • . enda No 9~-QO8 Aganda Item CITY COUNCIL REPORT Date TO: Mayor arJ Members of City Council FROM: Ted Benavides, City Manager DATE: February 18, 1997 SUBJECT: Hold a public hearing and give direction to staff with regard to the proposed annexation of a 285.57 acre tract located north of Brush Creek Road and east of HWY 377. (A-75) RECOMMENDATION: This item is scheduled for consideration by the Planning and Zoning Commission on March 12, 1997. SUMINIARL Realty Capital Corlwration proposes to develop approx. 305 acres located north of Brush Creek Road and cast of HWY 377 to accommodate a single fare ily large lot subdivision. The site is shown on site map included in attachment 91. Part of this tract abutting HWY 377 is located in the City limits of Denton. The purpose of the public hearing is to receive comments from interested persons with regard to the proposed annexation. The property owner and the developer has been notified of the annexation schedule and a notice was published in the Denton Record Chronicle. BACKGROUND: Realty Capital Corporation is in the process of purchasing the subject property for the purpose of developing a 142 lot single family estate type subdivision. Planning and Zoning Commission approved a preliminary plat for this development on December 11, 1996. (Attachment #2) City • Council received a report on January 28, 1997 and directed staff to proceed with the annexation. On February 4. 1997, City Council also considered and approved 3 schedule for public hearings. PROGRAAIS- DEPARTAIFNTS OR GROUP,iAFFE E01 • All city service departments including Police, Fire and EMS, Engineering, Utilities, Solid Waste, 0 • Parks and Recreation, Library, Planning and Development, Animal Control and Environmental Health. • - ~r 0 • i~ FISCAL IMPACT: The developer will be required to address the infrastructure needs on this site at the tirr,e 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 1994-Z29R ( assuming that development occurs as planned) shows that the City will collect a total of $1,302,506 ir, tax revenues and expend $925,602 for mun;cipal services with a net gain of $376,904. RESPECTFULLY SUBMITTED: Ted 13enavides City Manager Prepared by: Harry N. ersaud, MRTPI, A1CP Senior Planner Appr Ed by Rick Svehla Deputy City Manager ATTACHMENTS: (1) Site map 0 (2) Preliminary plat (3) Service Plan (4) Annexation schedule 2 r, 0 • < P PROPOSED ANNEXATION A-75 l` ATTACHMENT 1 •k I O 1 w~ ~ ' { lei gnu i 1 ;i -CRANFORD Am_ V - L I lggfly N;u ROAD _ Act sl lp {n Ity limits t~- The Hills of Argyle Water ❑ Area In Denton city limits Sewer , r, f ATTACHMENT 2 I~ f { L6i.f I i . / If A. ONA FA 11 -1 Y J u~a I I ' t ) ~l tea, 1 I .1 II 4 t A r ~ "It p. ~ pyT+r~ _ ' 1i 11 tt 0 II ~ ~ • ~r, r{o \1 l WArCY{LII.VrP IE MO+•MC F'rlr am iv~ull>[~mu~an YAY rlmr,n ) 1- trti uNNn xK1d MLYl3.dlVW. 1 l \ DtNVC[VII0.TI[MI{U0O11FMfu[Ml bM TR11Y[YOA IYdVnPMI[A r~ I` IMA AdtnrNgt dt,{r roY " JI, ~ ~ ~ ~ I~ \ WM[NVIC■IdM01n HTN end KMIOY ~ ~ » A 4 i MyM.V O R0 IPII A3 ~ 1i / N-. \ ` \ ~ LRIGO t4F{mrc.lldl Yll0, Iii tl I r Y{aAR{m YYLg1PHYPM'.(~Alm 79 b - , {INIJI 110 r.da, aau INIA r ~ ~ . dlsunPU awN.n weLVrsa tr■ ~ l a -I . '.i\-: rrn a1Wrw tld[NRdn00P 1 ~ Ire ~~`~-11 ~ ~1f 1 ~1 '11riVm~ RM~M,x IlT 1{N Im •"DrN . 11 » '0~, ~ ~ II{~ 11t,51fi LV{II[Mn RY Rnd RVrA F It I IrntR {1 •t■ 11 r, i0 r1. .Y 11\ ~ ~.1:_ ~ I IMR{Lln n q l{1 II[YO[ttw-MK f { ~ one■Ydu1tA- Ire. . 11 - 1 1 11 ! r1 1 1~ 1! 1 RECENED w[ISYY : 11. MOW Il YO n N 1 I \:rflgy,~M twt r • no III l r 11 / 00 V1Cl Lllr The Hills of Argyle 0 A 112 LOT S;YCLL FAMILY DETATCHED DEVELOPMENT ON r -'BA ff- r7VNL + ' 301 97 ACRES IN THE J SEVERE SURVEY A- 1161 r .e'.... SpR+C DENTON, DENTON COUNTY. TEXAS _.~(.IIC■TM Apf)Q1111 IM 1 13{5 I MP M p TO M~iHP RR^'^'''__ rP1 A(ITm Al~'Wn rn The Hills of Ar le orNER' O1LD1XD1 gY RGLTY cArnu cnvPORAnoR cRCS rprARDr P. L a PRCLIMINAPY PLAT .rln v. «i III t:4 .a: Yn r~•o-Y . Id ■ 0%0. uhjy Ila 11 1 :NrM I. 1. Y,..., 1. Im {II .Yw "NrON. "Nfr Co n, trAAS ,11.... I. 11(4 _ 1 4: • • Attachment #3 SERVICE PLAN CASE A-75 AREA: 286.57 acres LOCATION: Barth of Brush Creek Road and East of I1WY 377 Municipal services to the site described above shall be furnished by or on behalf of the the City of Denton, Texas, at the following levels and In accordance w ith the following schedule: B. Police Services 1. Patrolling, response to calls, and other routine sen ices will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be pros Ided to (his nrea as are furnished to comparable areas within the City. B. Fire protection and Emergency Medical Services (EMS) i 1. Fire protection and emergency medical serviecs by the present personnel and i present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area, the same level of fire and emergency ambulance senices will be provided to this area as are furnished to comparable areas within the City. C. Watcr/WastewalerServices • Water and wastewater senices will be extended to the property in accordance to the Cit)'s master utility plan and Section 34-118 of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main extensions, lit, stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land ® Development Regulations. • The City may participate In the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. J I a • Where water or server main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursemeal of the cost of such facilities from pro-rata charges paid by persons connecting to or using such facilities to sere their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Collection f. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the City, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be prodded to this property in accordance with then current policies of the City as to frequency, charges and so forth. E. Streets and Roads 1. '1 he City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of strecte and roads will begin in the annexed area on the effective dale of annexation using the standards and level of service as currently applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major Improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control devices w ill be installed as the need therefor is established by appropriate study and traffic standards. • 5. Street and road lighting will be installed in the substantially developed areas in accordance with the established policies of the City. F. Enflroumcntal licalth and Code Enforcement Sen ices 1. Enforcement of the City's environmental health ordinances and regulations ' • including, but not limited to the grass and weed ordinance, garbage and trash ! • ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, 2 , 17 7" • • animal control ordinance, and the tree p. cse.nation ordinance shalt be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 4 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these sen ices. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the anneration. 4. All inspection services providcd by the City of Denton, but not mentioned above, w ill be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexalion. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of 1 environmental health and code enforcement services as are furnished to comparable areas within the City. G. Planning and Development Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning district classification at the time of annexation. 11. Parks and Recreation Services Rc%idents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of tte annexation. The same standards and policies now used within the City will be • followed In the maintenance of parks, playgrounds and swimming pools. i 1. Electrical Distribution Electrical power ►s ill be made available to the site as required, at the same level of sen ice currently being provlded to comparable areas within the City. O ~ • J. ,llisccllancous 3 7 O 1 C177. • i • i 1. Street names and signs will be installed, if required, approximately six (6) months after the effective date of annexation. 2. Resid Os of the newly annexed area may use all publicly owned facilities, buildftj ;s or services wRbin the city on the effective date of the annexation. All publicly owned facilities, buildings or services w31 be maintained in accordance with established standards and policies now used in the City. K. Capital Improvements Program (CIPI The CIP of the City is prioritized by such policy guidelines as: 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility, or service. The annexed area will be considered for CIP Improvements In the upcoming CIP plan. This tract will be considered according to the same established criteria as all other areas of the City. i • 4 8 f I, , • • { Attachment #4 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 annexation. First Reading of annexation ordinance. March 28, 1997 Publication of Annexation ordinance in Denton Record Chronicle. May 6, 1997 Final action by City Council. Second Reading and adoption of the annexation ordinance. i I Meetings in bold require four-fifths vote at City Council OMarch 25, 1997- Special called meeting. • r i y • .ter-~..-~ • . r}` r s s r Agenda No. 7r~g Agenda Item Date ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Jid Proposals" attached hereto, are hereby accepted J and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1969 1,9 CLASSIC CHEVROLET S 44,761.00 1969 2,3 VILLIAGE FORD S 77,579.00 1969 4,5,6.11.13 HUDIBERG CHEVROLET 5251,402.00 1969 7,8,14 JAMES WOODS 5116,672.50 1969 10 MCCOMBS FLEET S 16,394.00 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified suns contained in the Bid Invitations. Bid Proposals, and related documents. l O O SECTION W. 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 1 y. • i • specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTIONY. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: SUPPLY.ORD e • 2 • _ v-- a w \ A I~ • • DATE: FEBRUARY 18, 1997 CITYCO_UNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID k 1969 - FLFET VEHICLES RECONDIENDATION: We recommend this bid be awarded to the lowest responsible bidder for each item as listed: ITFN DESCRIPTION YENDQR._QTY. PRICE L Half Ton Pickup SWB Classic Chev. 2 S 13,740.00 ea 2. Half Ton Pickup LWB Village Ford 3 514,665.00 ea 3. 3/4 Ton Pickup Village Ford 2 $16,792.00 ea 4. 3/4 Ton LWB Ext. Cab Pickup Hudiberg Chev. 3 $18,756.00 ea ` 5. 314 Ton 4x4 Ext. Cab Pickup Hudiberg Chev. 1 524,053.00 ea 6. 1 Ton Cab/Chassis 15,000 GVW Hudiberg Chev. 1 $21,880.00 ea 7. 1 Ton Cab/Chassis 10,500 GVW James Woods 1 S 17,674.25 ea 8. Utility Vehicle (4 Door) James Woods I 520,609.96 ea 9, 7 Pass. Mini-Van Classic Chev. I 517,281.00 ea 10. Cargo Style Mini-Van McCombs Fleet 1 $16,394.00 ea IL Medium Size Sedan Hudiberg Chev. 6 514,576.00 ea 12. 1 Ton Crew Cab 40 (4 Door) Hudiberg Chev. 1 $25,247.00 ea • with air cond. & trailer tow package 13. 3/4 Ton Cab/Chassis Ext. Cab Hudiberg Chev. 2 S 18,249.00 ea 14. 314 Ton Suburban James Woods 3 $26,129.43 ea Total Award 28 $506,808.50 • The Bid item 2 price offered by Classic Chevrolet fails to meet specification for a V8 engine. 0 O J It was our intent to compare these bid prices to the State of Texas vehicle contract and to recommend award to the lowest responsible bidder. The State continues to delay award of their bid. This delay (over 60 days) makes it impossible to make a price comparison, We are, therefore, basing our recommendation on the lowest bidder sub,nitted in response to our request, 3 • C 0 f' a • • CITY COUNCIL REPORT FEBRUARY 18, 1997 PAGE 2 OF 2 SUMMARY: This bid is for the purchase of various fleet vehicles approved in the budget process. Vehicles will be assigned to the following departments- D.EMIMEN1 IY.1IkiBE&0EYXZ1CI,ES VZSCM.I10 Park 2 3/4'Fon Pickups Park 2 3/4 Ton Pickups Ext. Cab Park I 7 Passenger Mini-Van Electric Distribution 2 314 Ton Pickups Electric Production 1 3/4 Ton Pickup Ext. Cab Electric Meter I % Ton Pickup Street I I Ton Cab/Chassis Building Inspection 1 V3 Ton Pickup Communications I 7 Passenger Mini-Van Facility Management 1 I Ton CablChassis Code Enforcement 1 'h Ton Pickup Wastewater I Ton Pickup Electric Administration I Utility Vehicle (Blazer) Airport I % Ton Pickup Drainage 1 3/4 Ton Pickup 4x3 Police 6 4 Door Mid-size Sedans (CID) Fire I 1 Ton Crew Cab 4 Door 4x4 Fire 3 314 Ton Suburbans Indicates fleet addition The vehicles listed for the Fire Department are not as originally approved in the budget process. A memorandum from Chief Chadwick explains the revisions and the reasoning behind the changes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fleet Services, Motor Pool, and each division rec:iving new vehicles. i FISCAL IMPACT. These vehicles will be funded from 1996/97 budget funds and from Motor Pool Replacement funds approved in the budget process. Attachments: Tabulation Sheet Memorandum from Chief Chadv,ick Respect ly submitted: - ~+G ed Benavides Ap roved: City Manager ~ - ~ • i Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent a30.AGE`= 4 maw • • r. • Illll H 1747 I ~ i i ' IllIt NA M1Il. FLEk1 Yl;l 11('11:$ 7UIF3 M1LA14H F11, I M171.f.At;E ~ III DIBI'RG MCY'QM1I BS C1ASS1C I' NORTH Bil I, WOODS C,P,D,4,E FORD I qIE>.'. FLE[T CHES. LOOP UTTER OPEN DATE DECEMBER 19, 19% DODGE FORD VENDOR Si 141 Z."~ VENDOR V SI1 122." V$F,lrDO AS ~ 0 Q 11. ]Y Il] TON P[CKL GPSIOR TN'HEELBASE M1~,pR .N V~f1~119►.N~ `~~~R N1 I 2. 3 1121ON PICKti_P,LONGWHEELBASE _ SIM4-M $5$,999.005 SuAl .N~ SI_S,764.00 $15,171.001 'Si3,9"m SWIM.", $15,351.0$ 3. 1 314 TON PICKUP • LWbA1C 517 3.51 Sl7jf7.N $16,7916 $17 ,116.00 511,177.00 ' S17.202." $17,1177AN $56,903.251 l 3 314 TON PICKUP .L% B A/C LXTEN DLD CA B "7318 $19,220.40 510,90.00 S11,71f.N $11,41300 311,64011 $11,579,00 520,120.251 1 ` III` 314 FLEETISIDE PICKUP EXTENDED CAN f I ' S 1 1X1 f24,77131k $!5,971.00 f25,f22.N~ 321,053_N~ 515.1-195.00 1 511,275." f26 ,IBt.pi $75,17715; _ _ ' . _ TN TRK CAWHASSIS 15,000 GV W ` II I 6. 1 14 CA DIESEL $21,101." NO BID 523,113.6 521,130," $23,577.6 521,114."F NO BID 1113a32.25 IN IRK CABICTIASSIS UM G5'W I~ 7. 1 60" CA I 117^25 NO BID $10,434."1 $15,943.00 510,0S7.011 $11097.0 flgmos NO BID 111 1 UTILITYVEHICLE 4-DOOR ` 521409.95 NO BID 577AW."' silit.N 521,197.011 .$11,501" NO IIID._ 1117,176,451 9. t MINIVAN I PASSENGER f $11,966.20 510,725." 323",01 SI"," 511, )9N 511,1110 va's70.N S22,773.45~ 11. 1 MLNI•VAN CARGO TYPE _ $16,63196 NO BID $21 M." _ S17A".N $1691" 516."1_" $15,53$." f21,46.45~ V1 It. 6 SEDAN, MIDSIZE 4-DOOR k $15,71531 $1$,4".00' $11,50.7." SI4,S76_N 514A UN $14,47." $1716.1." NOBID IL 1I I f I TON TRUCK }DOOR CREW CAN, 4 X 4 NO BID 14031D S36Awof 4 $21,113." $25m." S]f,734.N NO BID "T.9".25 ~ i 2 3'4TON CA&CH.lS5L LXTENDEDCAB 511,416.30 fi1,161" 51"N SIP49." slsmNTI ft"17.00 $19.579.01 NO BID 11. 3 NI TON 51!BIrRBAN VEHICLE k 526,129,43 NO BID NO HID ! $25,93f.N S31121I N $31F1}p J NO B!D NO DID ! 11 Q■ow 0 V6 , s • 97 Metmorsndum TO: Mombom of tho City Council FROM: Ted Benav4es, City Manager BY: Ross Chadwick, Fire Chief DATE: December 19, 1996 SUBJECT: CNANOE3 IN FIRE DEPARTMENT MOTOR POOL REQUEST Due to changes in two Fire Department Staff positions, the Fire Department requests some changes in the approved budget allocation for new vehicles and equipment. This request will accommodate the vehicle needs for two Staff positions whin do not currently have vehicles assigned to them. As you know, we have reinstated the Battalion Chief positions in the Fire Department. In addition to the Shift Commanders, a Training Oficer's position was filled with a Battalion Chief. The 1990 Suburban which was used by the Deputy Chief was reassigned to the Shift Commander. The Deputy Chief currently uses his private vehicle. One sport utlity vehicle (a Suburban type vehicle) was approved In the budget for 53,000. The Training Officers position was not a oonskleration in our budget preparation for vehicle allocation since we had no absolute assurance that we would be able to make this assignment until after budget hearings, The approved budget, however, did Include an Emergency h'edical Services (EMS) Program Managers vehicle which we felt would accommodate the needs of that position. The EMS Program Manager up until now has simply used any vehicle available which often was a stake bed truck which also doubles as a Brush Truck with a skid mounted water tank and pump and necessary hose for grass or brush fires. This is a cumbersome and Inappropriate use of this vehicle for the EMS Program Manger's purposes as well as the Fire Department's needs. The proposed EMS vehicle was a crew cab one-ton truck with a utility bed designed for the specific needs of the EMS Program Manager. The amount approved for this purchase was $53,000. After the promotions to Battalion Chief and some stralegic planning, Staff realized we needed to rethink the Fire Department's vehicle needs, especialfy as they pertained to the EMS Program Manager and Training Officer. After cons!derable evaluation of the needs of these positions, we concluded that the Fire Department could use a much smaller truck for the EMS position and at the same time accommodate the needs of the Training Officer. Both employees have requested a multi-passenger vehicle with a cargo area that could be used to transport supplies and equipment. We have agreed that a 314 ton Suburban • would be the most appropriate vehicle for both of these positions. i We estimate that the bid price of a Suburban to be approximately, $30,000. Instead of purchasing the budgeted $53,000 EMS vehicle, we request two (2) Suburbans Instead at an estimated cost of 560,000 plus the one sport utility vehicle budgeted of $30,000 for a total of 590,000 for three (3) Suburbans. This leaves a deficit of $7,000. To make up this difference, we propose eliminating one of the two trailers budgeted with the multi-use vehicle. O O ~ in addition to this change, and since the Suburban is classified as a'hick , we recommend a lease period of 60 months rather than 36 months. This will allow thb Fire Department to also address a second problem encountered as we entered Into the new budget vEhLCM Page 1 6 1 • • As Chief Chadwick came on board In December of 1993, he was given the Toyuta lease car that was used by the former City Manager. We realized this was a base vehicle but we did not realize that the lease was so near its expiration date of February, 1997. Our problem now becomes whether or not to renew the existing lease; tease a new vehicle; or purchase a vehicle through the City's Lease Purcliese Program. It Is our recommendation that we purchase a full-size sedan for the Fire Chief at an estimated cost of $22,000 through our Motor Pod or lease purchase resources rather than spend funds on an outside lease program. We budgeted the lease payment to Toyota in the current budget; however, it Is insufficlent to lease a full size vehicle. By extending the lease payments to 60 months on all the trucks and keeping the payments on the Chiefs car at 38 months, the Fire Department would be able to provide for the payments for the Chiefs car, the EMS and Training Officers' vehicles, and the other new replacement vehicles requested In the budget and actually decrease our monthly Motor Pod expenditures by approximately $585. The following chart summarizes these requests: 1f1lRWYl7luooaao PROPOSAO YMX%Z rIW E$tknated Mor" 111"mated Momhy cow Pgrmert cos Psy"M Sport Utility Vehicle (suburban) 1 budgeted wood "a $90,000 $1,761 3 reauestrA (36 month (60 months EMS Program Manager VehWe (t-Ion with utility bed) 1 budgeted WPM 51,em So so ` (3e mond Muhl-Use Vehicle (t-ton 4-wheat drive with bailers) 1 budgeted (with 2 Wier) 554,000 51,060 $40.000 S920 1 -egweted (with 1 tiller) (36 montlre) (60 momru) i Fire chiefs Vehicle so 522,000 $072 (36 moneu) TOTALS $13710 000 $3,353 oo S slsrt a f5asa PROPOSAL OFFRFJCE $ This proposal was discussed with the Motor Pod Committee and Tom Shaw, Purchasing Agent, and all parties responded favorably. Jack Jarvis, Fleet Services Superintendent, recommended that the Fire Department purchase three Suburbans alike, 314 ton, for better rellability and INo expectancy due to the • heavy duty nature of the vehicles. i Tom Shaw estimates that bids for the sedan will be to the City Council on January 7, 1997, and the bids ' for the other vehicles %It probably be on January 21, 1997. • Ted Benavides, City Manager Ross Chadwick Fire Chief • • Copies' Urke Jez, F wl tllle a4dor of Ptkk So* Harlan Jefferson, Motor Pouf Conmiltee Tom Shew, ictahasiV Aged ver+-CM Page 2 7 , • • Agenda No. 9a - Agenda Ite Date_~~Lr _ 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 %iih 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, THcREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. 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 1976 1 CUMMINS S 3,290.00 1976 2 PREFERRED SALES S 10,080.DO 1976 3 WESCO S 9,430.DO 1976 4 TECHLINE S 22,451.10 I • SECTION II. That by the acceptance and approval of the above numbered items of thv 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. • 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 sums contained in the Bid Proposal and related documents herein approved and accepted. 1 • _ • «.....r..~wr«.....r.. • SECT10N.1Y. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds Lher :for in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1997. JACK MILLER, MAYOR j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ' BY:._ SUPPLYARD • 1 0 2 4 ' ft all _~f~"wG.:~"11 Rte...., _ { r I:~ [ ii !vCt.. i.•~~ i .,.~6° ~rar il,~ • e z DATE: FEBRUARY 18, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID # 1976 • DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the Towest evaluated bidder for each item as listed: ITEM MaC&PLQN y2NIXA QTY PRICE 1 25 KVA OH CUMMINS 10 S 329.00 EA 2 50 KVA UO PREFERRED SALES 10 S 1,008.00 EA 3 300 KVA 3PH UG WESCO 2 S 4,715.00 EA 4 150 KVA 3PH UG TECHLINE 6 S 3,741.85 EA TOTAL AWARD S45,251.10 SUAMIRY: This bid is for the purchase of distribution transformers to be used by the Electric Distribution Department for maintenance and for new developments. The bids are evaluated using load loss figures to determine the lowest costing unit by comparing operating cost and purchase price. Ten bid proposals were received in response to twenty-one bid packages mailed to vendors. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED. Electric Distribution Department, Electric Utility Customers of the City of Denton. FISCAL IMPACT: Budgeted funds for Transformer Maintenance & Operations, account #610-103-1031- 9222. Attachments: Tabulation Sheet Memorandum from Don McLaughlin Respectfully submitted: Ted Benavides City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer • Approved: CName: Tom D. Shaw, C.P.M. Title: Purchasing Agent /31.AOENDA 3 • • • ❑IU A lore BID NAME DISTRIBUTION TRANSFORMERS ' %Y-CSCO TECHLINE TEMPLE NIX SESCO 'f ! ELECTRIC OPEN DATE DECEMBER 12, 1996 / QUANTITY DESCRIPTION VENDOR VERDOR VENDOR VENDOR f_ VENDOR I, I I I II 1 10 26 KVA 1201240 O.N. 9416.00 {492.66 $474.44 $602.00 $50300 2 10 60 KVA 120240 U.O. 61,126.00 $1,041.921 $1,172.00 $1,161,00! 51,313.00, 3. 2 300 KVA 2771480 U.0. $4,715.00 $4,956.76 51,371.00}, NO $5,71800{ I 4 6 1130 KVA 1201201 U.O. $3,665.00 $],711.65 11,229.0011 NB $4,613.00 li DELIVERY 10.12 WEEKS ! 10.16 WEEKS ` 12 -16 WEEKS 10.12 WEEKS j 1.10 WEEKS it ' I I j KBS CUMMINS PREFERRED VANTRAN PRIMER ELECTRIC ELECTRIC SALES INDUSTRIES SUPPLY 1 10 I25 KVA 12W40 O.H. $417.00 $329.00 $617.00 NO 5164.001 2 10 ~60 KVA 12x240 U.0. .11,047.00. 61,246.00 $1,001400 NO • 3 2 300 KVA 2771110 U.O. $S,140.00~ NO IIIS.M.00 56,112.00 $5,002.00 4 1 150 KVA 1201205 U.J. _ SI,O/LOOi NB 63,763.00 64,26000 $3,971,00 DELIVERY 10.11 WEEKS / WKS 10 • fi WEEKS 12 WEEKS 10.11 WEEKS i i ~ I I ~ y. I I I I ~ i 1 y owl- I _ Wu,We Y • • Locations The ten single phase 25-KVA 120%40 Volt overhead transformers are for maintenance and operation. The ten single phase 50-KVA 120/240 Volt underground transformers are for Wind River Estates 002290 [A. The 150 KVA 12(Y208 volt padmouated 120'208 volt transformers are for the following: • TEXACO C020801A • Rite Weld CO18901A • Intercoastal C02200IA • Denton County Road and Bridge O022101A • Maintenance and Operation The 300 KVA 277/480 volt padmounted transformers are for the following: • Pouls Addition O020601A • Maintenance and Operation Donald L. McLaughlin Y Attachments: 1. Exhibit 1, Loss/ Cost Evaluation 11. Exhibit I[, Total Cost • • c` • • i f 5 , r . f t t Wiwi • • • Evaluation Query] 1D.BidlD HUM S1oekX DESCR1PT10 Quantity AFL 0L Cost Delivery Vendor Exprl 2 1976 9990DOW TRANX OH, 25KVA 120240 10 85 252 5329.00 42 Cummins 12,70143 1978 99900003 TRANX OH, 25KVA 120240 10 62 281 $174.44 84 Temple 13,290.84 1978 99900003 TRANX OH, 25KVA 120240 1D 59 303 5464.00 70 Prlester 93,389.81 1976 99900003 7RANX. OH, 25KVA 120240 10 70 278 5492.86 84 Techline 93.407.25 1976 g9900003 TRANX OH, 25KVA 120240 10 71 259 1517.00 64 Prelered 93,418.03 1978 99900003 TRANX OH, 25KVA 1201240 10 59 303 9497.00 70 KBS 13,433,75 1976 99900003 TRANX OH, 25KVA 120240 TO 60 255 9602.00 64 NIX $3,597.01 1076 99900003 TRANX OH, 2$KVA 1201240 10 85 350 2503,00 42 San Angelo 93,868A6 1976 99900003 TRANX OH, 25KVA 120240 10 105 401 9448.00 84 WESCO 94,052.01 3 1976 99900011 TRANX UG 50KVA 120240 10 112 410 $1.000 C'O 84 Prelerod 98,048.28 1978 99900011 TRANX UG 50KVA 120240 10 91 480 11,037.00 112 vrlMler 18,262.95 1970 gr,t00Q41 TRANX UG SOKVA 120240 10 110 453 91.043.92 70 Ted*w 96.34726 1076 9990001 I TRANX UO SOKVA 120440 10 01 490 $1,087.00 112 KBS 98,364.35 1978 99900011 MANX 1X7 ` VA 120240 10 94 435 91,128, DO 84 WESOO 96,408.08 1976 99900011 TRAWL UG 60KVA 120240 10 113 398 11,181.00 64 MX 98,523.70 1978 99900011 TRANX UG 50KVA 120240 10 102 514 91,172.00 112 Tempo 98,952.55 1976 99900011 TRANX UG'''OhyA 120240 10 104 477 $1,246.00 42 Glmrnkv 97,065.19 • 1976 99900011 TRANX UG MA 120240 10 160 560 91,313.00 42 San Angelo 98,052.38 Friday, December 20, 1996 Page 1 of 2 • 1 • 1 l J{ I lU.liid 11 Bid # Stock p VESCRlPHO Quantity NL HL Cost Delivery Vendor Erprl • • 1978 pp900021 TRANXS, 3PH UG 300KVA 2 2 509 2273 $4.715.00 64 WESOO $27,374.37 1976 99900021 TANUS. 3PH 11O 300KVA 2 2 $17 2199 $4,988.78 126 Techilne $28,132.11 1976 99900021 TkANXS. 3PH 1113 300KYA 2 2 510 2246 $5,090.00 64 Prelered 528,561.72 1976 99900021 TRANS. 3PH Ua 300KVA 2 2 722 1819 55,0021)0 126 Nester $28,681.71 1976 99900021 TRAMfS.3PHU0300KVA2 2 722 1819 $5,140,00 126 KBS 529.14815 1976 99900021 TRANS. 3PH UO 300KVA 2 2 623 2400 $5,718.00 42 San Angelo 832,118.46 1976 99900021 TRANS. 3PH UO 300KVA 2 2 259 1020 $8,311.00 84 Temoie 533,681 AS 1976 99900021 TRANS. 3PH UO 300KVA 2 2 S40 3100 $8,182.00 84 Van Tran $35,209.54 5 1976 99900015 TRANX. 3PH UO I SOKVA 1 6 284 1335 $31,741.85 12G Tact" 819,24058 1976 9b900015 TRANX. 3PH UO 15OKVA 1 6 283 1563 53,763.00 64 Refered $19,99394 1976 p9MOI5 TRANX.3PH W 1SOKVA 1 6 382 1273 83,665.00 64 WESOO 820,110.41 1976 99815 TRAMP„ 3PH VO 150KVA 1 6 413 1207 83,971.00 126 Priests( 820,694.65 1978 99900015 TRAN., 3PH 1/O ISMA 1 6 413 1207 84,06900 126 KBS 521,060.11 1976 99900015 TRANX. 3PH 11O 1 SMA 1 6 108 1073 $5,229.00 04 Terni:19 521,954.50 1976 99MIS TRANX.3PHUO15MA1 6 340 1936 $1,260.00 84 Van Tran $23,342.37 1978 99WW15 TRAW. 3PH UO 150KVA 1 6 400 1600 84,513.00 70 San Angelo 573,852.60 • e Friday, December 20, 1996 past 2 of 2 +aeellea~aeeerlti d • • ,.r Shoed I Vendor Stock M Description OuanTy Cost Total Cost _ Cummins 99900003 TRANX, OH, 25KVA 120/240 10 $ 329.00 $ 3,290.00 Prefered 99900011 TRANX, UG, SOKVA 120/240 10 $ 1,008.00 $10,080.00 WESCO 99900021 TRANX.. 3PH UG 300KVA 2771480 2 $ x,715.00 $ 9,430.00 Techiine 99900015 TRANX.. 3PH UG 150KVA 120208 6 $ 3,741.85 $22,451.10 Grand Total $45,251.10 I • i i • • Agenda No._~ O Agenda Item ~ Date te r2- 9 7 { ED CITY OF DENTON, TEXAS PURCHASING DIVISION 901.8 TEXAS STREET , DENTON, TEXAS 76201 (817) 383-7100 • DFW METRO 817.267-0042 • FAX 817.383.7302 TO: Ted Benavides, City Manager FROM: Tom Shaw, Purchasing AgentG, DATE: February 13, 1997 SUBJECT: BID #1987 - REFUSE TRUCK (ITEM #3) Bid #1987 for the purchase of three refuse trucks was opened on December 31, 1996. The awards of (Item 1) a 25 cubic yard rear loading truck was made on January 22, 1997 to Southwest International as well (Item 2) a roll-off type truck awarded to Dallas Peterbilt. Both awards were based upon the lowest responsible bidder meeting specifications. The award of (Item 3) the front load ruck was delayed pending evaluation of the packer body. Lone Star Volvo was the apparent lowest bidder with Dallas Peterbilt second. Both track dealers offered the Bridgeport 40 cubic yard j, body. Prior to the completion of the body evaluation for Bid # 1987 (Item 3), Mr. Barry Allen from Dallas Peterbilt asked to review the bids received from either supplier. After his review he asked about the importance of the manufacturer data sheet omitted from the Lone Star Volvo bid. 1 assured Mr. Allen that we would consider that in our evaluation and let him know. In our consideration of the omitted data sheet we considered the following criteria before determining the document immaterial. • Did the requirement preclude any bidder from responding? No • Is the Data Sheet significant to the evaluation? No. Our recommendation Is A based upon a comparison of the seven (7) page descriptive specifications. • Did it have any effect on the price of the truck? No Did it add value to the ability of the truck to preform its required function? No * Did it have any value added significance to the Citizens of Denton? No V m Was the data supplied on the document worth $977.00? No C E 'Dedicated to Quality Service" q nx • • Memorandum - Ted Benavides February 13, 1997 Page 2 of 3 Mr. Allen with Dallas Peterbilt was made aware of our decision and pending recommendation to award to the lowest bidder, Lone Sian Volvo at the February 4, 1997 Council Meeting. On January 31, 1997, PeterbiIt Motor Co. representative, Mr. C.W. Smith, National Account Manager Bulk Transport and Daniel D. Sobic, Assistant General Manager of Sales and Marketing visited with Bob Nelson, Executive Director of Utilities and myself concerning the purchase of PeterbiIt trucks by the City of Denton. I explained our bid process, our community pride in PeterbiIt and our willingness to work with Peterbilt on truck requirements in the future. On February 4, 1997, Mr. Randy Bradley, National Accounts Manager for the Refuse Vehicle Department of Dallas Peterbilt called to say he was going to be at the Council Meeting that night to question our recommendation based upon the omission of the manufacturer data sheet from the Lone Star Volvo bid. I notified Rick SvehIa who in turn notified the City Manager and under the circumstances Mayor Miller pulled the item from the Consent Agenda and requested that the City Attorney and the Purchasing Agent work with the representatives of Dallas PeterbiIt in this matter. Daring the evaluation process as previously stated, Jack Jarvis, Fleet Superintende:t, Charlie Watkins, Superintendent of Solid Waste and I determined the data sheet to be imrratt `,l to evaluation and certainly not worth the $977.00 dollars separating the two bids. Jack Jarvis our Fleet Superintendent and I again reviewed our evaluation. We considered ;he hiss. k of utilization of both brands of trucks, compliance with the bid specifications, availability or } services, as well as talking with other users of similar vehicles. After the evaluation process we both i again agreed that the recommendation of award to the lowest responsible bidder was the best for the City of Denton. On Tuesday, February 11, 1997 having not heard from the Dallas PeterbiIt representatives I called Mr. Randy Bradley, Dallas Peterbilt National Account Manager and arranged a meeting with Herb Prouty, City Attorney, Mr. Bradley and myself for Thursday, February 13, 1997 to discuss the issues raised by the Dallas PeterbiIt representatives. • Throughout the meeting Mr. Bradley emphasized the fact that the City of Denton bid documents required the inclusion of a manufacturer data sheet describing the truck offered in the bid. He emphasized that Dallas Peterbilt had included the document and that Lone Star Volvo had not. We acknowledged that was indeed the case, however, we felt it was immaterial to our ability to evaluate the bids, compare the trucks offered and make recommendation to Council. Mr. Bradley confirmed • that the inclusion or omission of the document in question would have little or no effect on the prices O • bid for the truck specified. He also stated that the fact that Volvo trucks are used to pickup refuse C at the Peterbilt Factory is an embarrassment to the Peterbilt employees and that the Volvo dealer sold trucks !over to the City of Denton than to other cities simply to embarrass the Petcrbilt Motor r O S Memorandum - Ted Benavi des February 13, 1997 Page 3 of 3 Company. Mr. Bradley also stated that by considering, the omission of the data sheet a material defect and rejecting the Lone Stu Volvo bid we could "buy a Peterbilt if we wanted too." The City Attorney explained the options available to Council, A. accept the recommendation of staff and award to the lowest responsible bidder, Lone Star Volvo. B. declare the omission of the data sheet as material, reject the lowest bidder and award to Dallas Peterbilt or C. reject all bids and rebid. He also defined the test for material defects versus immaterial defects. We discussed the laws of the State of Texas prohibiting preference for local bidden: (although Dallas Peterbil+ is not a local dealer) and the service level that one other city had experienced with the Volvo Truck. Although Mr. Bradley was complimentary of the way the City of Denton does business, he was obviously not satisfied with the discussion and outcome of the meeting. He indicated his desire and intent to address the Council at the February 18, 1997 meeting. Having re-reviewed the bid documents, re-evaluated the bid specifications and taking into consideration the concerns of Dallas Peterbilt and Peterbilt Motor Co., we can find no basis for changing our recommendation to award to the lowest responsible bidder, Lone Star Volvo in the amount of $124,508.06. There has been no issue raised or comment made that has lead me to believe that an expenditure of an additional $977.00 to acquire the second lowest bid is in the best interest of the Citizens of Denton. a • 2aezooC L - O O t i h • r_ 0 • • ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING I{ 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 shows 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 1987 3 LONE STAR VOLVO GMC $124,508.00 SECILON II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms. specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid • Proposals, and related documents, r SECIlONIII. That should the City and Fersons 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 ! O specified sums contained in the Bid Proposal and related documents herein approved and accepted. T `'mar • • i SECTION LV. 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. SECTIONN. That this ordinance shall become effecrrve immediately upon its passage and approval. PASSED AND APPROVED this . day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLYARD 1 r i 2 • • DATE: FEBRUARY 18, 1997 CITY-COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID #1987 - REFUSE TRUCK (ITEM # 3) RECOMMENDATION: We recommend this bid item # 3 be awarded to the lowest bidder meeting specification, Lone Star Volvo GMC, (Bid B) in the amount of $124,508.00 with delivery in 120-150 days. SUMMARY: This bid is for the purchase of a 40 cubic yard front loading refuse truck with on 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 maintain. The old unit will be sold at auction. PROGRAb1S, DEPARTMENTS OR GROUPS.AFFECTED: Commercial Solid Waste Division and Motor Pool Operations. FISCAL IMPACT: This truck will 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: Ted Benavides City Manager • Approved: 1 Name; Tom D. Shaw, C.P.M.- Titie: Purchasing Agent • 827.AGENDA ~ • • i i 3 t • tau r Pori I,[1NF; MINI: I,UNE. 1AWE 11111 NAME. URIU WIRI1['KR DALI.AV DAI.IA8 DALI.AN STAR STAR 51'AR STAR PE'1'F.RBILT PEI'FR11L'1' PE'IFRbll:t VOLVO VOLVO VOLVO VOLVO OPEN DAI E DEC EMBER 31,19% (A) (B) ICI (A) (B) (C) (0) PAGEIOF2 _ 4T~i' L x4 _ OII ? rc ) ge . R~ VPNDOR _ _ YBNDOR VENDOR VC~ VP1VDO - - BJVbOR 1. 1 REFUSE TRUCKI 25 CUBIC YD REAR LOADING S7f - - S-~y7 N _ 197.00 DAYS STATE DELIVERY TIME OF ARO COMPLETE UNM IN 120 90.120 _ lit L I REFUSE TRUCK: ROLL-OFF _ CONTAINERTRUCK S96 1p DAYS - ARO DELIVERY TIME1 COMPLETE UNIT 3S 311 - - _ !21 96-129 3. 1 REFUSE TRUCKI 0 CU YD - FRONT LOADING WITH SCALE $12solasm Sllt lllGN $12f I&M S127 ,04J." f l S1191.01 sq2 016.00 DAYS - - ARO DELIVER YTIMEICOMPLETEUNIT I51 If1 151 IMdf1 IWIM IWIM Miss ADDENDUM Al YES _ VLS YES YES YES YES YES 'I i ~ O v • a unt ~ 17Y7 Con IONF; 41111111 IIAI'IAY IIAI.IAM MrlRO WIND YIF 1111) BID MANY. RFLIYJYIRIAUR STAR YEAR 1VFntIN'IL MAC MAC FORD FORD FORD VOLVO VOLVO TRUCK (WEN PAIR UECFM DER 3 1. 19% (E) (F) (A) P) (A) (s) (h FAOEIOF2 blI9N • 'e; YWDsI -»YBNDOR ` + -~B)VDOR_ .VLNDOA _ ,YFFIDOII . y _ ypyppp 1. I NAME TROCKt 29 CU14C VD Weil fb40t2xN DAYS STATE DELIVERY TIME OF ARD COMFl2TE MIT, - 121 141" 115-1" I/ilp 145.1" L I REFUSE TRUCK, ROLL-0" - -DAYS -CONTAINER TRUCK IfIL11713 ARO DEUVERYTIM&COMtLITEUNIT 1241" - - 2 I REFUSE TRUCK: N CU YD - - _ FRONT7TtML D10tVtfltSCALE F1 )AI StM )62 tlil 5-p _ DAYS ARO DELIVERCOMFLBTE UNIT MISS _ IHFl1/ )14111 ADDLMMIM 01 YES YES YES YLS Yffi YES YES In i • i f • • Q , t S. "WON 'e I • • CITY OF DENTON, TEXAS PURCHASING DIOSiON 901.8 TEXAS STREET o DENTON, TEXAS 76201 (817) 383-7100 - DFW METRO 817.267.0042 - FAX 817.383-7302 Council TO: Mayor and Members o4Aht THROUGV: Ted Benavides, City D FROM: Tom Shaw, PurchasinDATE: February 18, 1997 SUBJECT: BID 4 1987- REFUSE TRUCKS -11EM # 3 The acquisition of item # 3 on Bid #1987 (a 40 cubic yard front load refuse truck) has been under consideration since the bid opening on December ;1,1996. The evaluation of the equipment offered was completed in late January for recommendation to Council on February 4, 1997. As the Council and Manager are aware just prior to the February 4, 1997 Council meeting, Mr. Randy Bradley, National Accounts Manager for Refuse Vehicles from Dallas Peterbilt began questioning our bid j documents and the bid response of the apparent low bidder, Lone Star Volvo. The primary concern was the omission from the Lone Star Volvo bid of a requested chassis manufacturer data sheet. The manufacturer data sheet was considered by staff to be immaterial to our initial evaluation and subsequert recommendation to Council as indicated in a previous memorandum. It must be pointed out at this time that the bid document submitted by the Purchasing Agent did contain the following two phrases regrziring the data sheet in question. Under Special Notice page 4 item 3 reads, " Bid response must include descriptive literature, chassis manufacturer line sheet listing all equipment, and manufacturers' warranty," General Instructions page 5 the second paragraph reads, " Each bidder shall furnish with his proposal a complete technical • data sheet and illustrative brochure describing in detail all standard and optional equipment features available on the unit(s) bid." The wording contained in the bid document is the basis for the controversy. Alter review of all that has been said and written and in the consideration of each of the parties' positions, 1 respectfully • request that the Council reject all bids, allow the Purchasing Agent to update the specifications and • submit the equipment for rebid. I apologize for the inconvenience and appreciate your patience and understandirg. 2490, DOC t 'Lklicates to Quality Serviu" w~ • Agenda NoJ2--Av Agenda Ite _ ORDINANCENO. _ 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 THERE-FOR; AND PROVIDING FOR AN EFFECTIVE DATE. NNIIEREAS, 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 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 i 1997 ALL CASCO INDUSTRIES INC. $ 32,023.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and i agrees to purchase the materials, equipment, supplies or services in accordance with the terms. • { specifications, standards, quantities and for the specified suns contained in the Bid Invitations, Bid Proposals, and related documents. ~ r SECTION III. That should the City and persons submitting approved and accepted items and i 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 J specified sums contained in the Bid Proposal and related documents herein approved and accepted. f j 1 • • SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Cou4tcil hereby authorizes the expenditure of funds therefor in the amount f and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as f authorized herein. SECTIOALY. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD 2 r'}'SrTn'!'."?"•.'.1 .4 ' r; a i. n i:^ .1~ F F~`~) xti ~x wtys'Y4 • • .,r DATE: FEBRUARY 18, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID # 1997 - FIREFIGHTER STATION UNIFORMS RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting specification, Casco Industries Inc., for an estimated bid award of $32,025.00. SUMMARY: This bid is for the purchase of uniforms which Firefighters wear while on duty in the Fire Stations. The lowest bid of Ferrara Fire Equipment A did not meet the specifications of the bid and was rejecled. I' Four bids were received in response to six bid packages sent to vendors. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department, Citizens of the City of Denton. FISCAL IMPACT: Budgeted funds for Fire Uniforms 1997 account #100.060-0051-8108. Attachments: Tabulation Sheet Memorandum from Capt. Eldon Harral Respectfully submitted: Ted Benavides City Manager • Prepared by: Name: Denise Harpool Tide: Senior Buyer Approved: • • Name: Tom D. Shaw Title: Purchasing Agent 828.AGENDA 3 • • • Ilrtl x Ira ~ BIDNANIF: tIN EFIGAIIFRSIAIJONINIFORM FERRARA FFRRIK.~ i IiNHORMS LION CASCO HRF:FVPI" FIRF:Pop I' INC ~ APPAREL INDUSTRIES 011',N DWI F: JANUARY 11, 1997 A B INC x Ql'v DESCRIPTION VENDOR VENDOR VENDOR YENDOR_ _._VENDOR_ VENDOR. VENDOR. - 1. 275 EA FIREFIGIITERSTATIONM,ORK UNIFORM PANTS 561.28 $76.06 $78.89 S91d0 $13.00 2. 73 EA FIREFIGHTER STATIONIWORK UNIFORM SHIRT; LONG SLEEVE $59.16 565.% 56839 582.00 $67.00 3. 290 EA FIREFIGIITERSTATIO-M'ORK UNIFORM SHIRT; SHORT SLEEVE 55111 SS332 559.89 S72.00 $54.00 TOPPS LION LION LIO:M +20% SIZES i 50.56 I ~ e i • r ~S x • • >1 jrl ~ J CITY OF DENTON, TEXAS FIRE DEPARTMENT MEMORANDUM To: Denise Harpool, Assistant Purchasing Agent From: Captain Eldon Harral Date: January 28, 1997 f Re: Firefighter Station Uniforms On further review and research of the bid submitted by Ferrara Fire Equipment, we fund the garment does not meet the specifications of the Denton Fire Department for the following reasons: IV. page 1 t Failure to provide an exception list to specifications from factory or vendor. IX. page 2 Pants specifications B-3 heavy duty flame resistant shirtlock strip on waistband not used by low bidder. C4 sample garment did not have reinforcing layer of "heel" at the bottom of front pockets. C6 post-cure for permanent press by the Nomex autoclave method. This method enhances the • permanent press characteristics of the garment. Not used. X. page 5 Shirts are made of post-guard fabric, which after construction will be • autoclaved to retain it's permanent finish. Autoclave is not a process in which this manufacturer uses. For these reasons we decline and will accept j • • next lowest bid for firefighters station uniforms submitted by Casco Industries, Inc. s 217 WEST McKINNEY STREET DENTON, TEXAS 78201 OFFICE (817) 566.6110 FAX (917) 66"109 r • • Agenda No,Qe Agenda Iter-1 g ORDINANCE NO. Date _-Z- i' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS RATIFYING' THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids or- the lowest responsible bids for the construction of the public works or improvement,; described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREB': 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, i are hereby accepted and approved as being the lowest responsible bid. l BID NUMBER CONTRACTOR AMOUNT 1984 FURSTENBERG CONSTRUCTION CO. $1,283,600.00 SECTION 11. That the prior execution of the contract, the payment bond and the performance bond on January 22, 1997 is hereby ratified and approved and the effective date of the contract shall he January, 22, 1997, so that the acceptance and approval of the above competitive bids shall constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, at the time such person complies • with all requirements specified in the Notice to Bidders including, without limitation, the timely submittal of the appropriate insurance certificate. SECTION HI. That the City Manager is hereby authorized to execute all necessary written / contracts for the performance of the construction of the public works or improvements in accordance 9 with the bids accepted and approved herein, provided that such contracts are made in accordance O O with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms. 7 60 71 -1 • i • conditions, plans and specifications, standards, quantities and specified sums contained therein. SEC1ION1Y. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTIONN. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 997. i JACK MILLER, MAYOR - ATTEST: JENNIFER WALTERS, CITY SECRETARY j BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • i BY: a 1 d.v / t 4 L' r 1 r • f DATE: FEBRUARY 18, 1997 CITY. COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID #1984 - RENOVATION OF DENTON CITY HALL RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Furstenberg Construction Company, in the amount of $1,283,600.00 with completion in 550 days without altemates. SUTANIARY: This bid is for the Phase I Renovation of City Hall at 215 E. McKinney, Denton Ter.,s. The bid includes but is not limited to, renovation of area vacated by staff move to City Hall West building. compliance with ADA requirements, new fire sprinkler system, tv/audiovisual system in Council Chamber and Council work/briefing area, compliance with current building codes, minor renovation to other occupied areas as well as all associated wiring, painting, flooring, etc. This bid does not include Phase 11 renovation or the furniture required for Phase 1 or If. The project is e, signed and bid to maintain and/or to re-establish as much as possible the O'Neil Ford Architectural concept throughout the building. The references and qualifications of the recommended contractor have been reviewed by Corgan Associates Architects and they recommend approval. (See memo attached). PROORAMS,DEPARTMENTS-OR GROUPS AFFECTED. Employees located in City Hall, City Council activities, and Citizens of Denton. FISCAL MIPACT: This project will be funded from Account N 455-032-CHAL-9643-9101 S 765,356 N 245-032-CHAL-9325.9101 S 295,982 N 450-032-CHAL-9326-9101 S 18,893 N 445.032-BLDO-9327.9101 $ 78,905 N 457-032•BLDC-9704-9101 $ 76,462 N 454-032-CHAL-9660-9101 S _.A8,002 $1,283,600 Attachments: 1. Memorandum dated 1.14.97 from Bruce Henington, Facilities Manager 2. Memorandum dated 12.30.96 from Louis Wolf, Corgan Architects 3. Tabulation Sheet • Respectfully submitted: i Ted Benavides City Manager • Approved by • O Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 17 S. AGENDA f • ,,....-,.....--r•• • Vii`. y Z r ! ~Irla~wwewr.w.~+~ ti. } xr l 1 t ~t ~r lid • r i E CITY of DENW)f, TEXAS MUNICIPAL BUILDING @ 215 E MCKINNEY & DENTON, TEXAS 761: ' (817) 566.8200 a DFW METRO 434.2::? MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM: Bruce Henington, Facilities Manager I DATE: January 14, 1997 SUBJECT: Denton City Hall Renovation - General Contractor Recommendation Based on Corgan Associates Architects, Inc., research of the low bidder (see attached memo dated December 30, 1996), Corgan has recommended a contract be awarded to Furstenberg Construction Company for the Denton City Hall Renovation in the amov:nt of ~k $1,283,600. i agree with this recommendation and feel the contract should be awarded to Furstenberg Construction Company; base bid # 1984 in the amount of $1,283,600 with no alternates. We hope to start construction February 17, 1997, with completion sometime in June/July 1997. Please ~t us know a can be of further assistance. e ce ening on, C • Attachments 3721.fm 4 "Dedicated to Quality Service" ti • • 1 NPR-1v-1991 10;14 "I-ill WA.9-IN FiSyUX INC lu Il11),bW! 4,' N.U1 k 30 December 1996 Mr. Bruce Henington Fii-llities Manager City of Denton 604 E. Hickory Stmt Denton, Texas 76205 Re: Denton City Hail Renovation General Contractor Recommeodatlon Dear Bruce: On December 19, 1996 the City of Denton received bids for the City of Denton City Hall Renovation. We received elevcr. (11) competitive proposals. We have included the following information for your review: 1. Complete bid tabulation farm. 2. Contractor Qualification Statement (tow bidder: Purateaburg Construction Co., Inc.). E Our analysis of the bids and bidders is as follows: i 1. Responsive, competitive bids were received from eleven (11) very capable general. contractors. The top five bids received were within 4% of each other. 2. The low base bid of $1,283,600 is within the City of Denton's original budget. We recommend awarding the Contract to the low bidder without acceptance of the alternates. We have verified the resume of contacts for the apparent low bidder, Pursteabuq Construction Co., Inc. and the next app r m low 6rider Da1Mac C< astruction Co, and talked to own m and architecu of previous construction projects, where the Owner remained in the • building during construction. All contacts were complimentary and did not hesitate to recommend Furstenburg Construction or DatMac Construction. We Lave worked with both in the past and either would be capable of executing this contract. Therefore, we recommend a contract for construction of the City Hall Renovation for the City of Denton be awarded to Itrrsenburg • C016ANAmociAT6t,1r:C Construction Co., Inc. in the amount of $1,283,600.00. This contract O 1911ua M.Ur includes the Base Bid amount with a 150 days construction period. a+~nAS, nr vs t~xr ~ n. -u row . rAx rlr 671 1791 sssrrooCS'xacoraa<n1a 5 J 1 • • ~Hrrla-1y77 IU:17 hK:n LuKj, 1i Wk k INC fo... Idl'~`,66EQ42 PAM Mr. $raoe Hedwon 2 E 30 Dembex 1994 We request Your cation on tbfs rm mmendation at tbls time. Lonls J. Wolf Associate Eoclosum a: Joe Furst wAn/FursOmhn Caostruc!;on i i • i. nsuroaonaco~rno en j i 6 ' .6.4' • Y • fagfn Aaru lrrle InrSA I f tPH 9lffrf, Suke 111 HOe<Ad deOor,Telu ISSN (314) 741-20N BID TABULATION OLDS FOR CITY Of DIMMN CITY HALL RLYOYATTON CAT M".N (q4) . RASE ALT. ALT. ALT. ALT. ALT. ADD ADO SID CONTRACTOR 6D) 11 12 a M N 11 12 OOr1D DAYS SAMMOO 0OWANY 1 IRO %xiii E1150 900 211,50 X X 218 II0YDOONSTAVCTx711 1574.154 4,105 1,071 1 p0 20 x x x 5" 31MDERS 1,590,000 20 3000 000 1.000 Sf x x x A/ .I DALMAC 194SN ! 1.100 000 21 X x x 210 S DDROONSTIlWn N 0)0,m J,400 1100 1100 900 54 X X x 293 1 FUMIENIER0 vim" 11 1121 990 91N IT S9 x x x 130 R M ASSOCIATES MARATHON CCY+IRACTORS 14 910 %4" 2 IS SAM 13.30 x x x 270 FFVTTCOMTRUCTION ! 000 700 N 1,43d 12774 19 x x x AA29 } WC C'OWMVL rm 121 ! I L w 1 27.SW X x x 2N SOVTHCREST CORP. 1 7N 6'90 J 70 2.50 WIN 24J71 X X X 230 I 61TBR)ICNL ljwm le 1 1100 / x x x IN I AturrWe A I • Reao" Ddlh la bm wool a ik" 2 a 4 Wahm Cwdr Rad 0.3 r; tom{ d ComV CWw&m Rum adpv.N/ mw r66 Rlti a MMA atsdp. Altwmem 32 • Re-m4 aWhl bdd I4a Row "lqs In aWtq ■ bme weft 4ed no featoRlko kc aw brla *0 of ad wke IOO 6s CeanaT Clubm sw6 efk it on of am lrkL M Midi aYOrR • Abwwte03 •PmvkeW coved whim fim** OkbrftConaClimbasddto/ewodM)dnRwoodMaelaekt54warvefitsI"gfnwIu/low, AWWO k • Ftwtde toQWW bidws dude$ In Caul WakfBrk ft Room. AOemae Ts. frweldo rmckAkal *Womat saes wed u idtnlyd an S w%m"i rl Dw4 SDA•1 al SDA4. • O ' r WIN • • Agenda No Agenda Item ORDINANCE NO. Date AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR INIPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in tre bid invitction, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto. are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1995 JESKE CONSTRUCTION $144,255.80 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public A,nrks 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. • SECTIONM. That the City Manager is hereby authorized to execute all necessary written , contracts for the performance of the construction of the public works or improvements in accordance with the bias accepted and approved herein, provided that such contracts are made in acc~ rdance 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, • 0 1 . s aye :r. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution or contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SEC110MY. 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 f BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY j 2 t A • DATE: FEBRUARY 18, 1997 C11Y-COUNCIL REPORT 10: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID # 1995 - KERLEY STREET CULVERT IMPROVEMENTS RECOMM&NDATION: We recommend this bid be awarded to the lowest bidder, Jeske Construction, in the total amount of S 144,255.80. SU-NIMARY: This bid is for all labor and materials necessary in the improvement and construction of the Kerley Street drainage culvert. Binkley & Barfie;d, Inc., Consulting Engineers, developed the specifications for the bid and agree that the price of the low bidder is acceptable. Six bid proposals were received in response to fifty notices to bid mailed to prospective contractors. PROGRAMS, DEPARTMENTS-OR.CROUPSAFFECTED; Drainage Department, Uu{i1ic5 and Citizens of Denton in the Kerly Street area. FISCAL IMPACT: Budgeted funds for Drainage, account # 453-020-DRAN-9620-9108 Attachments: Tabulation Sheet Memorandum from David Salmon dated January 27,1997 Respectfully submitted: Ted Benavides City Manager • [Prepared by: l 1.a~wa.L~ T"~ r Name: Denise Ha pool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 829.ACEnA 3 a w t I HIII N I'i75 MOMS% kEkIlA %,Ikl,I;l'clil.YF.Al Imp JI:SkE DUR PAIIII'll IN('kh:k.N11N RENAISSANCE I-A.SK%RS I CONS 1'. I'ONS'I' CONSI, I CONS'I' CONTRACfO8S CONS 1. UI'EN D 1'I I, JANCARV I6,1997 ~0 QTV DESCRIPTION VENDOR VENDOR VENDOR._ VENDOR VENDOR VENDOR VENDOR. TOTAL PRICEOFBID 5144XSJA 5144,901.00 $270,130.20 $244,028.00 $146,792.00 SI6lR7t10 ADDENDUM N I YES YES YES VFS YES YES BID BOND YES YES YES YES YES YES t i I I i II I I 1 III ~ ~ v / J a • • i • • ~ I 1 CITY OF DENTCIN _TEXAS CITY HALL WEST • 221 N. ELM DENTON, TEXAS ; 620 (817) 566-8200 DFW METRO 433.25;- MEMORANDUM DATE: January 27, 1997 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Engineering Administrator SUBJECT: Bid 141995, Kerley Street Culvert Bids were opened on the above mentioned project on January 16th, 1997. The low bidder was Jeske Construction with a bid of $144,255.80. The construction plans and bid documents for this project were prepared by Brinkley and Barfield, 'Inc., Consulting Engineers. Their construction estimate was $132,850.00 for a difference of $11,405.80 or 8.6%. As the next two bidders were very close to the low bidder {DBR Construction at $144,906.96 and Renaissance at $146,792}, we feel that the low bid is a realistic price. Binkley and Barfield concurs with that conclusion as well. We have checked references for Jeske Construction and found that they have completed similar work in Farmers Branch, Colleyville and Dallas with minimal change orders, timely completion and satisfactory results. We recommend that the bid for Kerley Street. Box Culvert be awarded to Jeske Construction and this item be forwarded to City Council at the earliest poasible date. Csvi Salm n, P.E. AEEOV FE 5 "lkJica:rdro Quafiry ienirr" 0 r • . 1l n.:.Vail~~i'1J0:':.Ml~.!Y.MIY.):A.[:>iNrwn\[2(I.til':M1•.A....a.-v}/.Tr.'Y~w1Awi~f OY144M~/1Yn~~Ol'M1WQ~Y'/W4YY Agenda No. Agenda Item Uate , CITY of DENTON, TEXAS MUNfWAL BUILDING 215 E MCKINNEY• DEN TON, TEXAS 76201 (817) 566.8200 s DFW METRO 434.2529 MEMORANDUM DATE: February 18, 1997 TO: Honorable Mayor Members of City Council FROM: Linda Ratliff Director of Economic Development SUBJECT: TXDot Grant for Routine Airport Maintenance Program (RAMP) On February 11, 1997, City Council discussed and reviewed the I proposed Texas Department of Transportation Grant for Routine Airport Maintenance Program (RAMP) agreement. As directed, an ordinance to approve the agreement will be on the February 18, 1997, agenda. The Airport Advisory Board recommends approval of this item. AH80053E • f r "Dedicated to Quality Service" .177 1 al~lz ',12 L of y~ t_. fI, i~}U d1 i5 +~.a J ~trr.Y"-«t W .r Y w • • T: \6PWS\ORD\TXDO TA I R.OPD II ORDINANCE NO. AN ORDINANCE Of THE CITY CF JENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager of the City o° Denton is hereby authorized to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for routine airport maintenance program, a copy of such grant being attached hereto and made a part hereof for all purposes. SECTICH II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r , 1997. I I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. •I ' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: i'c.GU Q.X • • J Z • r • TU" DEPARrAMT OF TRANSPORTATION GRANT FOR ROUTnM AIRPORT MAINTZKANCI PROGRAM (State Assisted Airport Routine Msintananoe) TxOOT CSJ No.: AMIBDNTON Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made and entered into oy and between the TEXAS DEPARTMENT OF TRANSPORTATION , (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). WITNESSETH: j WHEREAS, the Sponsor desires to sponsor a project for the routine l maintenance of a public aviation facility, known or to be designated as the AIRPORT under the Transportation Code, Chapter 221 and WHEREAS, the project is described as airport maintenance at the Denton Municipal Airp.rtf and WHEREAS, the Sponsor hereby applies for a grant for financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above; and WHEREAS, the parties hereto, by this Gram, ao hereby fix their respective rraponsibilities with reference to each other and with reference to the accomplishment of said project. NOW, THEREFORE, for and in consideration of the benefits which will • accrue to the parties hereto by virtue of the completion of the project, IT I5 MUTUALLY COVENANTED AND AGREED as follows: 1 • • O AVN4301.FRM (10-1-96) Page 1 of 10 ,t: • • Put II - Offer Of Financial Assistance 1. For the purposes of this Grant, the annual routina maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, and as found on amendments thereto, all being attached hereto and made a part of this Grant. i State financial assistance granted herein will be used solely and exclusively for airport maintenance. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. :fate financial assistance, Amount B, will be for fifty percent (50%) of the eligi`As project costs for this project or $10,000.00, which ever is less, per fiscal year and subject to availability of state approprirticns. The Sponsor may request the State to provide mowing services, such services to ne provided at the discretie)n of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of coats of any mowing services. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include any additional airport maintenance work as requested by the Spon:,or by written requW . and submittal of an Amended Scope of Services, Attachment A. Services to be performed under the amended scope will not be accomplished by the State until receipt of Sponsor's share of project costs. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments thereto. It is mutually understood and agreed that if, during the term of this agreement, the State determines that if there is an overrun n the estimated annual routine maintenance coats, the State may increase the grant to cover the amount of overrun by fifteen (159) percent or $2,000, whichever is greater, and will advise the sponsor by letter of the increase. Upon issuance of the aforementioned letter, the maximum obligation of the State and Sponsor is adjusted to the amount specified. Should the estimated costs be exc:eded by the fifteen • (159) percent or $2,000, whichever is greater an amendment to the grant will be issued. f The State will not authorize expenditures in excess of the dollar amounts identified ir. this Agreement and as referenced in the above paragraph and any amendments hereto, without the consent of the Sponsor. AVN4301.FAM (10-4-961 Page 2 of 10 • • I 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has suffici^nt funds to meet its share of the costs as heretofore stated. The Sponsor hereby grants to the State the right to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance the project. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) stall be due in cash and ! payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph III-5 hereof. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies is has at law or equity. The State will not participate in funding for force account wort: conducted t', the Sponsor. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount c). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the state for any payment or payments made hereunder by the State which are in excess of the percentage of financial assistance (Amount B) as heretofore stated in Paragraph II-2. 5. Upon satisfaction of the conditions specified in Paragraph II-1 above, this Grant shall terminate. The term of this grant may be extended by the execution of an Amendment to the Agreement. 6. In accepting this Grant, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all r applicable state and federal laws, rules, regulations, procedures, covenants and assurances req'iired by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled for a period of at least 20 . years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility r.vailable to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate pablic acc-t s during tra period of this Grant; and AVN4301.fRM (10-4-96) Page C3 of 10 ' J e • I d. it shall not grant or permit anyone to exercise art exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to sched:led airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by t'ie State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and expensus when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i. an Airport Fund shall he established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the reouirements of this subparagraph; and j. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. e Code Ann. SS 241.001 et seq. (Vernon and Vernon Supp.). e Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for AVN4301.TRM (10-4-46) Page 4 of 10 a , • i • a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 7, The Sponsor shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor shall also save harmless the State, the Stets s agcots employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 8. The Sponsor's acceptance of this offer and ratification and adoption of this Grant incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Grant shall become effective upon execution of this instrument and shall remain in full force and effect for a period of 20 years. E If it becomes unreasonable or impractical to complete the project, l the state may void this agreement and release the Sponsor from any further obligation of project costs. • AVN1301.tRM 110-1-961 page $ of 10 S F r ~ ~ • • e PART III - Nomination of the Agent 1. The Sponsor hereby designates the state as the party to receive and disburse all funds used, or to be used, in payment of the costs of said project, or'in reimbursement to either of the parties hereto for costs incurred. I 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor herewith grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity: b. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, and any service provider the State shall issue a written order which shall prevail and be controlling: C. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts: d. obtain an audit as may be required by state regulationsr 3. Upon entering into this Grant, Sponsor hereby agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project, and which individual shall have the authority to make approvals and disapprovals, and coordinate schedule for work items as required on behalf of the Sponsor. 4. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to • the above project. 5. It is the intent of this rant: to not supplant local funds normally , utilized for airport maintenance: and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. • 6. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, • 0 Tex. Loc. Govt. Code Ann. SS 241.001 at seq. (Vernon and Vernon supp.). Failure to comply with the terms of this Grant or with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. AVN4301.TRM (10-4-96} Page 6 of 10 S • • a. Of Primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant herein, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant herein, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grr.nt null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by court of competent jurisdiction ef' any dispute arising u•.der the terms of this Grant, or for enforcement of eny of the provisions of this Grant, is specifically set by Grant of the parties hereto in Travis County. Texas. 7. The Stato reserves the right to amend or withdraw this Grant at any time Prior to acceptance by the Sponsor. The acceptance period car:,ot be greater than 30 days after issuance unless extended by the State. S. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 9. All commitments by the Sponsor and the State hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including SS 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 10. This grant is subject to approval as to form by the Attorney General of the State of Texas. • Part W - Acceptanoe of the Sponsor r The City of Denton, Texas does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Grant, and does hereby accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Grant thereof. • O 0 Executed this day of , 19 The City of Denton. Texas Sponsor AVN4301.FR14 110-4-96) Page 7 of 10 9 • • if Si nature Witness 9 Signature Title Title Part V - Certificate of Attorney 1, , acting as attorney for Texas, do hereby certify that i have fully examined the oregoing Grant and the proceedings taken by said Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant by said Sponsor, is in accordance with the laws of the State of Texas. Dated at _ 19 Texas, this day of Witness Signature Attorney Signature Title Title • 1 • l ~ 0 O AVN4301.rRM (10-4-96) Page 8 of 10 la ~ -...1ruJrYiu- ' • • Part VI - Attorney General's Approval This contract is approved as to form. Attorney General of Texas By:_ Assistant Attorney General i Date: Part VII - Lxecution by the State STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By. Date: • 0 i AVN1701.f M 110-1-9E1 Page 9 of 10 i % • • r F r • • Attachment A Scope of Services TxDOT C$J No.AbaBDNTON PAVEMENTS • HMAC S 0 S 0 S 0 EROSION CONTROL S 328 S 164 S 164 PAVEMENT MARJONGS S 421 $ 211 S 210 CRADINGDRAINAGE S 451 S 225 S 226 MISCELLANEOUS CRACK SEAL S 18,166 $ 9,083 $ 9.083 HERBICIDING S 60 S 30 S 30 MOWING $ 0 1 Total $ 19,426 $ 9,713 $ 9,713 Accepted by: The City of Denton, Texas Sponsor Signature Date Amendment Number (if applicable) Notes: (explanations of any specifications or variances as needed for above • scope items) r I ' AVN4301.rKM 130-4-961 Page 10 of 10 i IZ l - - x, RON • r CMITICATION OF AIR"T FM (Name) (Title) do hereby certify that the Airport Fund has (Name of Fund) been established for the City of Denton, and that all tees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for (Name of Fund) other general revenue fund expenditures or any other special fund of the City of Denton and that all expenditures from the Fund will be solely for airport purposes. Dated at , Texas, this day of (City or County) 19 City of Denton (Sponsor) By: Title: ; • i t AvN1301.tAM (10-1-96) /3 • • Dlsl0ilA?ION or spovsoR's Atlnonzw Rxms=u?rvx I, (Name) (Title) hereby designate as the Sponsor's (Name, Title) authorized representative for T%DOT CSJ Number ANI8DNTON, who shall have the authority to make approvals and disapprovals as required on behalf of the Sponsor. The City of Denton has caused this to be duly executed in its name, this day of , 19`. i City of Denton (Sponsor) By: Title: • i AVN4301.CRN (10-4-96) ' J r. a! i. .1,..~► F ..`tel. rte; ~ • • ROUTINE AIRPORT MAINTENANCE PROGRAM SCOPE OF WORK AIRPORT: Dmim)SduoigjpBLAj" MAINT, SUPERVISOR: Kieth Nabors LOCATION: Ri- I Box 5000A"RoadDmua iexa 76265 TELEPHONE: 817-387-1321 FAX: SPONSOR: C1y9Ull", TIIEPLIONE:, 817.383.7736 PERIOD: FY 97' TO: FAX : WORK DLSCRQTWN LOCATION ON AIRPORT UNII OF TmDOT COST QUANTIFY OF COST (SLR SK[TC 0 WORK PLR UNIT WORK IXTENSION Bane Repmin Poiru Repair I AMC - 2' overlay 9210 (210 Ib&SY) Fog Seal )oiw mod Crack Seal • hm 352-0507 Aprao A Icag aAma ly on L F. $0.31 58,600 $18,166 Ruawaya Linear Alder Milling s ~ SUB-TOTAL SI8,t66 Pap I o(3 • • • ROUTINE AIRPORT MAINTENANCE PROGRAM SCOPE OF WORK i AIRPORT: I3eNan M=ciRwA" MA1NT. SUPERVISOR, Kieth Nabors LOCATION: Rt 1 Box _%W hi y1Y Bal iAli" Texas, 6205 TF 'PRONE 817.387.1324 FAX j SPONSOR. C of Dcaim t TFl. PI)ONF. 217.393.7736 PERIOD, FY 97' TO FAX: WORK DRSCRIPTION LOCATION ON AIRPORT UNIT OF TIDOT COST QUANTITY OF COST (SEESKITCH) WORK FIR UNIT WORK EXTENSION i i Sweeping CktIJIL01 Ve8eutxM Centro) •IiabicideWFS (3' Wide strip) Ruowry, Taxiwxyk Runp wft $12 52lbae 26,520 LF $60 i • SUB-TOTAL i i RWTW Rc5cclm, CaAak m f Edge Specify Pairu 3 Bed Snipe Odw • Specify `J L AVR4 3 01 C. f M Page 2 of 3 i' e • • ROUTINE AIRPORT MAINTENANCE PROGRAM SCOPE OF WORK (CONTINUED) Yellow P&W 3 Bad Stripe - 6'Itan 0666-0538 S Access Rd to T-Hangars 1F $ 40 1052' $421 Paint d Bud Stripe - I8' Paint A Bed Stripe - 24' Punt d Bad Stripe - 36' SULTOTAL 3 WORK DISCRIPTl1ON LOCATION ON AIRPORT UNff OF T&DOT COST iiUANTiTY OF COST (SEISKITCH) WORK PERUNff WORK 4%rLI3rON i Bladng - IM 150.5003 Reshaping of drainage charnels HR $56.341hr 8 hr $451 Panel lei to S E Entrance Erosion Cmtrol - Seeding Rt: Seeding ofdr"ge channels Ac $0 18JSY 03765 $328 t Pan &W to S E. Entrance i • GRAND TOTAL $19,426 1 a Unit cm band upon TxDOT Maintenance Manappar t Wamatim Systems - District Wide Maintemaa FFxkncy and Anr fv s Rc1w -Figures repara1 u perumed mbonse urdns dmalod ` a CON' mustiag contracted ® a s Unit Cad basal upm TxWT Statewide average low bid unit pica (12 moaih average) 8 AVN4301C. FAH Page 3 of 3 I i Agenda No,-9L-,WY-- Agenda Ite _ ® Date CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY o DENTOM TEXAS 76201 (817) 566.8200 o DFW METRO 434-2529 MEMORANDUM DATE: February 18, 1997 TO: Honorable Mayor Members of the City Council FROM, Linda Ratliff 7 Director of Economic Development SUBJECT: Resolution Approving Airport Improvement Plan On February 11, 1997, City Council discussed and reviewed the proposed resolution for the Airport Improvement Plan. As directed, 0 the resolution will be placed on the February 18, 1997, agenda for approval. The Airport Advisory Board recommends approval of this item. ABB0053D 1 ~ I 1 "Dedicated to Quality Semice" 4, • • Ti\WPDOCS\RES\RUNWAYI7.R I i RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FINANCIAL ASSISTANCE FOR CERTAIN IMPROVEMENTS TO THE ^.ENTON FUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton intends to make certain improvements to the Denton hunicipal Airport; and WHEREAS, the general description of the project is described as "improvements to Runway 17 Safety Area"; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation for these improvements; and WHEREAS, the City of Denton intends to namo the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council authorizes and directs the City Manager, or his designee, to execute an agreement with the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Denton Municipal Airport. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. • J JACK MILLER, MAYOR r' ATTEST: JENNIFER WALTERS, CITY SECRETARY ; • t 0 • BY: APPROVED AS TO LEGAL FORM: HLRBERT L. PROUTY, CITY ATTORNEY 4,wftl- MW • • S Agenda No. Agenda Item Item Date Lp? Date: February 18, 19S"/ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager 1 SUBJECT: Consider approval of an ordinance authorizing +5e City Manager to execute the contract between the City of Denton and the Denton Community Development Corporation; approving the expenditure of funds therefore; and providing for an effective date. RECOMMENDATION: The Community Development staff recommends approval. SUMMARY: Adoption of the ordinance will approve a contract between the Denton Community Development Corporation and the City of Denton for expenditure of $90,500 in Community Development Block Grant funds. Administrative costs up to $60,500 will be paid from CDBG funds. The balance of $30,000 will be the City's contribution to the DCDC's small business loan pool BACKGROUND: The City Council previously approved the use of Community Development Block Grant funds to initiate the activities of the local community development corporation. The 1995 Action Plan for Housing and Community Development adopted on May 2, 1995 included $60,500 for the Denton Community Development Corporation. Additional funding of $30,000 was atlocatnd in the 1996 Action Plan approved by Council on May 21, 1996. Currently the DCDC has commitments of funding from six local lending institutions. Funds from the banks and $30,000 from the City of Denton will be used to develop a bridge loan program for small businesses. Below is a list of current commitments from local banks. • Commitment Farmers & Merchants Bank of Krum $12,500 r Bank One Denton $25,000 Point Bank $12,500 TexasBank $17,500 First State Bank of Texas 524.375 • 591,875 • 0 Community Development Block Grant regulations require that special economic development projects create jobs that are available to low and moderate income individuals. DCDC board DCDM 211 PAGE I i , augg • • members are aware of this requirement. A loan committee will be set up to review applications and ensure that job creation requirements are met. PROGRAMS. DEPARTMENTS OR .RO P AF ..T .D: Small Business Owners Local Lending Institutions Denton Community Development Corporation Small Business Academy Small Business Development Association Community Development Staff FISCAL IMPACT: Project leverages CDBG dollars with funds from local lending institutions. No general funds are included in the project. Respectfully submitted: Ted Benavides City Manager Prepared by: I Barbara Ross Community Development Administrator Approved: Rick Svehla Deputy City Manager Attachments: • Copy of ordinance k • • Copy of conti ict Copy of DCDC board resolution DCDCRF.7u PAGE2 • • J:\"7DCCS%CRZI DOM CRD ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT BETWEEN THE CITY OF DENTON AND THE DENTON COL%1KUNITY DEVELOPMENT CORPORATION; APPROVING THE EXPF'TDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Con- tract" in substantially the form attached hereto and made a part of this ordinance for all purposes, between the City of Denton and the Denton Community Development Corporation, and authorizes the City Manager to execute this contract. 39CTION II. That the City Council authorizes the expenditure of funds in the amount and manner as specified in the Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1997. t JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. t. DCDCRF.2 E8 PAGE 3 I a~ • • STATE OF TEXAS S COUNTY OF DENTON S This contract is made and entered into by and between the City of Denton, a Texas municipal corporation with its principal office at 215 East McKinney Street, Denton, Denton County, Texas ("City"), and the Denton Community Development Corporation, a non-profit corporation with its principal office at 414 West Parkway, Denton, Denton County, Texas ("Contractor") acting herein by and through their duly authorized representatives. RECITALS WHEREAS, the City of Denton has been notified that it will receive grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant ("CDBG") program for the 1995 program year; and WHEREAS, the primary purpose of the CDBG program is to benefit low and moderate income citizens of Denton; and WHEREAS, the citizens of Denton, the Community Development Advisory Committee and the City Council of Denton have determined that business assistance services are needed by low and moderate income citizens of Denton; THAT, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, the parties covenant and agree as follows: 1. Scope of services City hereby contracts with Contractor as an independent con- tractor. Contractor will utilize CDBG funds provided under this contract to administer a program of investment in businesses that will offer significant benefit to the community in the area of economic development to low and moderate income citizens under the • program name Denton Community Development Corporation ("Program"), serving small businesses and/or minority and women-owned business- es, in accordance with "Exhibit A - Program Summary", which is attached to and made a part of this contract for all purposes, for the term beginning on date of execution, and ending September 30, 1998, unless sooner terminated in accordance with the terms and conditions of this agreement or extended by mutual agreement of the e parties. The purpose is to provide financial services to business- • es that will stimulate economic development, particularly those that create jobs for low and moderate income persons or that are owned by minorities or women. DCDCRF 218 PAGE 4 1 c-_ e • f 2. Funding and Reports A. City will provide Contractor with CDBG monies in an amount not to exceed $90,50D. such monies will be disbursed to Contractor on a reimbursement basis. Loan funds will be provided prior to disbursement of funds to loan recipients. Contractor shall utilize all disbursed CDBG funds and program income earned for the benefit of the program. Loan principal repayments will be remitted to the loan fund. Interest earned from loans funded with CDBG will be used for eligible loans and operating costs. Contractor will pro- vide reports of activities and a statement of expenditures and fees on a monthly basis. Activity reports and financial statements for the previous month shall be submitted no later than the 15th of the subsequent month. Reimbursement payments will be made on the basis of the activity reports and financial statements of expendi- tures for the previous: month, and payments shall be made not later than thirty (30) days from the date of receipt of the activity reports and statements of expenditures. B. Contractor agrees that operating funds will be expended in accordance with "Exhibit B - Operating Budget", which is attached to and made a part of this agreement for all purposes. Contractor may increase or decrease line-item amounts within the administration budget by not more than 5% of the total budget without the prior written approval of City. Changes to the administration budget in excess of 5% and any changes to the loan fund budget must have prior written approval of the City. C. Loan funds can be provided to eligible businesses in accordance with the Contractor's loan review process. Loan evaluation processes at a minimum will comply with 24 CFR 570 appendix A attact..d to this contract as Exhibit "C." D. Contractor will notify City promptly of any additional funding it receives for operation of the program. E. Contractor agrees to keep all CDBG monies it has on hand • in interest bearing accounts. All interest earned from loan repayments may be used for program administration expenses or placed in the loan fund. These amounts must be reported on the monthly financial statements filed pursuant to this contract. All interest from CDBG funds must be remitted to the City on an annual basis. Provided, further, Contractor shall immediately refund all interest from loan repayments to City in the event that the United • States Department of Housing and Urban Development requires the City to remit all or any portion of this amount. • F. Contractor will not commingle CDBG monies with any other ! funds in any manner which would prevent City from readily identify- DCDCRF 218 PAGE S • • I , ing expenditures and fees for operation of the program. G. Contractor will develop a schedule of fees to be charged to assisted businesses for service:; provided. A copy of the fee schedule will be submitted to the City upon its approval by the board of directors. Contractor further agrees to utilize any and all program fees earned for the administration of the program and to expend all program fees earned prior to expending CDBG monies. The expenditure of program fees is subject to all terms of the contract. H. In the event of any conflict between the terms and conditions of this agreement and any exhibits attached hereto, the terms and conditions of this agreement shall govern. 1. Nothing contained in this article or agreement shall require the City to pay or reimburse Contractor for any services which are not performed in strict compliance with this agreement or the program or costs which are not allowed under 24 CFR 570.203 and 570.209 and other applicable regulations as set forth below, as reasonably determined by the City through its city Manager or his designee. 3. Uniform Administrative Requirements and Cost Principles A. Contractor shall comply with Office of Management and Budget Circulars A-110, A-133 and A-122, as applicable. B. The allowability of costs incurred for performances ren- dered hereunder by Contractor shall be determined in accordance with OMB Circular A-122. City shall be liable to Contractor only for costs incurred or performances rendered for activities speci- fied in 24 CFR 570.203 and 570.209, any contrary provisions in this agreement notwithstanding. C. Recipients, subrecipients, contractors anu/or subcon- tractors which are governmental entities shall comply with the • requirements and standards of OMB Circulars A-87, A-128 and with 24 CFR, Part 85. D. Contractor shall fully comply with Appendix A to Part 570 Guidelines and Objectives for Evaluating Project Costs and Financial Requirements (Exhibit "C"), which is attached to the contract and made a part of same as if written word for word t • herein. • 0 DCDCRF 219 PAGE 6 j i~ • • a. Recordkeeping A. Contractor will cooperate fully with City in monitoring the program. In this regard Contractor agrees to keep records sufficient to document its compliance with all applicable laws, regulations and contract terms. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG program. The documentation must support the amounts charged to the program and demonstrate that the expenditures were appropriate to the stated goals of the program and allowable under applicable federal, state and City guidelines. All records pertaining to this contract shall be retained for five (5) years following the date of termination of this contract. Contractor may destroy program records at the end of this five (5) year period if no outstanding audit finding exists. Contractor will retain program loan records until five (5) years after the expiration of the loan. City, HUD and the United States Comptroller General, or their representa- tives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this contract for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. The City ' reserves the right to perform an audit of the funds received under this contract in order to ensure Contractor's compliance with applicable federal regulations. B. All employee time sheets for CDBG funded employees, mileage and telephone logs in support of CDBG charged activities shall be maintained by Contractor for five (5) years following termination of this contract. C. Contractor agrees to meet the national objective of job creation/ retention or area benefit and to maintain full documenta- tion supporting fulfillment of that national objective in its files. In order to support the assistance provided, contractor shall maintain determination of appropriateness documentation outlined by the city. • 5• Reports and Audits A. Contractor will submit to city monthly reports of activities undertaken by Contractor in performance of this contract and monthly statements of Contractor's expenditures, fees and program income where applicable, regardless of the source of such i • funds, which relate to the program in any way. • B. Such reports and statements will be signed by a duly authorized agent of Contractor and will be submitted by the 15th oZ the month following the month which is reported. M)O F.218 PAGE 7 • • C. Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections 570.502-570.503 generally, with specific reference to OMB Circulars A-110 (with attachments), A- 122, A-128 and/or A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in Contractor's total agency operating budget. D. City reserves the right to perform an audit of Con- tractor's program operations and finances at any time during the term of this contract, if City determines that such audit is neces- sary for City's compliance with OMB Circular A-128; Contractor agrees to allow access to all materials as described above. If such audit reveals a questioned practice or expenditure, the questions must resolved within thirty (30) days after notice to City of such questioned practice or expenditure. If a question is not resolved within this period, City reserves the right to with- hold further funding under this and/or future contract(s). E. If as a result of any audit it is determined that con- tractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misap- propriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation, included, without limitation, all expenses incurred by the City and reasonable attorney's fees necessary to disclose and address this matter. 6. Reversion of Assets A. Contractor agrees to, immediately, and not later than ten • (10) days from the date of termination of this contract, return to the City any CDBG funds remaining on hand at the end of the contract. B. Contractor agrees that all program income from operation of program in proportion to the amount of CDBG funds received here- under will be expended prior to expending CDBG monies and that any such program income is subject to the terms of this contract. CDBG monies may be expended by the Contractor only if program income is • 6 insufficient to meet all eligible program activity expenses. Con- tractor agrees to return to the City any remaining program income earned from operation of the program in proportion to the amount of DCDCRF.21 8 PAGE 9 • • i CDBG funds in the overall operating budget, not later than ten (10) days from the end of the contract. C. No equipment, furniture or fixtures may be purchased with CDBG funds. 7. Applicable Laws A. Federal laws: Contractor agrees to comply with all applicable federal laws, rules, and regulations, including, without limitation, the following laws and the regulations issued thereun- der as they are currently written or are hereafter amended during performance of this contract: 1. Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) Title VIII of the Civil Rights Act of 1963 (42 USC 36+01 et seq). 2. Executive Orders 11063, 11246, as ame.ided by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60). 3. The Age Discrimination in Employment Act of 1975 (42 USC 6101 et seq). i` 4. Section 504 of the Rehabilitation Act of 1973 (29 USC f 794) If 5. Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359, as amended), specifically including the provisions requiring employer verifications of the legal worker status of its employees. 6. Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended). 7. The Americans with Disabilities Act of 1990 (42 USC • 12101 et seq). 8. Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A- 122 and attachments and revisions thereto, regarding princi- ples for determining costs for CDBG-funded programs. • 9. Section 3 of the Housing and Urban Development Act of • • 19680 as amended, 12 USC 1701. 10. As the work to be performed under this contract is on a project assisted under a program providing direct federal DCDCRF.218 PAGE 9 is a • • financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor covenants to abide by the requirements of the said Section 3. It requires as follows: (a) That, to the greatest extent feasible, opportu- nities for training and employment be given lower income residents of the project area, and (b) That, to the greatest extent feasible, con- tracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 11. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractu- al or other disability which would prevent it from complying with these requirements. 12. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or under- standing, if any, a notice advising the said labor organiza- tion or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 13. Contractor agrees that it will includs the said Section 3 clause in every subcontract for work in connectic with the project and will, at the direction of City, take appropriate action pursuant to the subcontract upon a finding • that the subcontractor is in violation of regulations issued by the secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any sub- contrac;'.or where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of • ability to comply with the requirements of these regulations. O O 14. City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations et forth in 24 CFR 135, and all applicable rules and orders DCDCRF.21A PAGE 10 ` i • • of the Department issued thereunder prior to the execution of this contract shall be a condition of the federal financial assistance provided to the project, binding upon the City and the Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assigns, to those sanctions specified by the Grant Agreement through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 15. Clean Air Act; Clean Water Act; Environmental Pro- tection Agency Acts and Regulations. This agreement is sub- ject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the :egulations of the Environmental Protection Agency with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: (a) A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20; i (b) Compliance with all the requirements of Sec- tion 114 of the Clean Air Act, as amended (42 USC 1857c- 8), and Section 308 of the Federal Water Pollution Con- trol Act, as amended (33 USC 1318), relating to inspec- tion, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 f and Section 308 and all regulations and guidelines issued hereunder; • (c) A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Fed- eral Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under c +•.3ideration to be listed on the EPA List of Violating Facilities; • (d) Agreement by Contractor that it will include or • cau3e to be included the criteria and requirements in { Paragraphs (A) through (D) of this section in every non- exempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing DCDCKF119 PAGE 11 I it • • P such provisions. 16. In no event shall any amount of the assistance provided under this agreement be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the clean Water Act. B. Other Laws: Contractor covenants and agrees that its of- ficers, members, agents, employees, program participants and sub- contractors shall abide by and comply with all other laws, federal, state and local, relevant to the performance of this contract, in- cluding all ordinances, rules and regulations of the City and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immr.diately desist from and correct such violation. a. Prohibition Against Discrimination A. Generally. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not un- lawfully discriminate against any person or persons because of sex, race, religion, age, disability, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcon- tractors or program participants to engage in such discrimination. B. Employment. During the performance of this contract Contractor agrees, and will require all of its subcontractors to agree, as follows: (1) Contractor will not unlawfully discriminate against 0 any employee or applicant for employment because of race, color, age, disability, religion, sex or national origin. Con- tractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful regard to their race, color, religion, sex, age, disability or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, • demotion or transfer; recruitment or recruitment advertising; O O layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth DCDCRF,218 PAGE 12 i~ O 0 mom • • I the provisions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without unlawful regard to race, color, religion, sex, age, disability or national origin. C. Age. (1) In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employ- ees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the em- ployment, advancement or discharge of employees or in connec- tion with the terms, conditions or privileges of their employ- ment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retire- ment plan or statutory requirement. (2) Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall speci- fy, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment un- less the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. D. Disability. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor war- rants that it and any and all of its subcontractors will not unlaw- fully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/ or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other • applicable federal, state and local laws concerning disability and will defend, indemnify and hold City, its officers, agents, and employees harmless against any claims or allegations asserted by third parties or subcontractors against City, its officers, agents, ' and employees arising out of Contractor's and/or its subcontrac- tors' alleged failure to comply with the above-referenced laws con- cerning disability discrimination in the performance of this • agreement. ~ • • DCDCRF118 PAGE 13 r„` • • 9. Prohibition Against Interest A. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities, who exercises any functions or responsibil- ities with respect to the program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. S. Ne officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or ?ts subcontractors shall render this contract voidable by the City of Denton. 10. Non-Assignment contractor will not assign any or all of its rights or responsibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects. 11. Independent contractor A. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of • City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons perforr.ing same, and shall be f solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees. The doctrine of respondent superior shall not apply as between City and Contractor, its ` • officers, members, agents, servants, employees, subcontractors, • • program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise ! between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or DCDCRF.218 PAGE 14 I • • ' I invitee of the Contractor, :ior any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers,members, agents, employees, subcontrac- tors, program participants, licensees or invitees. Provided, however, that nothing herein shall prevent an officer or employee of the City from serving on the Board of Directors of the Contrac- tor or any committees developed by the Board of Directors. B. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. Indemnity,; Insurance; Bond A. Contractor covenants and agrees to indemnify, hold harm- less and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, ser- vants, employees, contractors or subcontractors of City; and Con- tractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, J including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connec- tion with the execution, performance, attempted performance or non- performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of of- ficers, agents, servants, employees, contractors or subcontractors of city. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its ® officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, • • by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. DCDCRF,2IS PAGE IS • 0 B. Contractor will maintain a system, approved by the City through its executive director of finance and internal auditor, which will provide safeguards against loss from fraud, theft, or dishonesty of any of contractor's officers, agents, trustees, directors, or employees. If and when the contractor names or appoints a director to handle its everyday business affairs, the city may require, after evaluating the need for such a bond and after full consultation with the contractor with input from all funding participants, the contractor to maintain a blanket fidelity coverage in the form of insurance or bond in the amount of at least $90,500, to insure against loss from the fraud, theft, or dishon- esty of any of Contractor's officers, agents, trustees, directors, or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDBG monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. The decision regarding the requirement for such a bond or insurance shall rest in the sole discretion of the City Manager. 13. D Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or ctherwis~) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect or to waive the city's immunities or defenses under constitutional, statutory, or common law, nor shall it waive DCDC's immunities or defenses or create any cause of action for anyone who is not a party to this contract. 14. Public Liability Insurance • A. Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted perfor- mance or nonperformance of this contract and agreement, with a company licensed to do business in the State of Texas and shall maintain such insurance for the full term of this agreement. • B. The amounts of such insurance shall not be less than the • o maximum liability which can be imposed on City under the laws of the State of Texas. At present, such amounts are as follows: DC XRF.218 PAGE 16 I' f , • • Property damage, per occurrence $100,000 Bodily injury or death, per person $250,000 Bodily injury or death, per occurrence $500,000 with the understanding and agreement by Contractor that such insurance amounts shall be revised upward at city's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. C. At such time that the Contractor employs persons, the Contractor also covenants and agrees to furnish the City with a certificate of insurance as proof that it has obtained and paid for a policy of workers' Compensation Insurance in the amounts required by state law, covering any and all employees of Contractor active in the program funded under this contract; and Contractor agrees to require its subcontractors to carry adequate Workers' Compensation insurance in the amounts required by state law. D. Contractor will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this contract and prior to payment of any monies hereunder. E. The public liability insurance and automobile liability insurance shall name the City as an additional insured on all such policies. ' The insurance policies shall all contain a provision that the insurance policies shall not be cancelled or modified without thirty (30) days prior written notice to City. 15. Termination A. City may terminate this contract on 30 days notice whenever such termination is determined to be in the best interest of City, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or for other • good cause. B. CDBG funds provided hereunder may not be used as collater- al for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termination of this contract by City. • C. Termination will be effected by 30 days advance written • • notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: DCDCRF 218 PAGE 17 1 • i. • w W-..WMY4MYY.W J'h • • (1) Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and (2) Terminate all cancelable orders and contracts to the extent that they relate to terminated portions of the con- tract. Contractor will return to City any unused monies previously distributed under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expendi tures or actions occurring after the effective date of contract termination. 15. Certification Regarding Lobbying A. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: I (1) No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee f of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continua- tion,' renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agree- ment, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its • instructions. (3) The Contractor shall require that the language of this certification be included in all subcontracts or agree- meets involving the expenditure of federal funds. i 16. Miscellaneous Provisions A. It is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of sufficient CDBG funds; that all monies DCDC kF 218 PAGE 18 i • - • distributed to Contractor hereunder shall be exclusively from federal monies received under said grant and not from any monies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. H. AJl terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with CDSG funds or who perform any work in connection with Contractor's program. C. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. D. The failure of City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. E. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted perfor- mance or nonperformance of this contract and agreement, venue for said action shall lie in Denton County, Texas. This contract shall be construed in accordance with the laws of the State of Texas. F. The captions of the various sections and subsections of this agreement are for informational purposes only and shall not affect the substantive terms and conditions of this agreement. G. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this 0 contract for all purposes, constitute the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 6 IN WITNESS WHEREOF, the parties hereto have executed four • copies of this contract in Denton, Denton County, Texas, this day of DCDCKF.218 PAGE 19 s. i CITY OF DENTON BY, TED BENAVIDES, CITY MANAGER Date: i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY GGQ~ BY: DENTON COMMUNITY DEVELOPMENT COR:11 BY:/-~rll Ir-~L Date: -3 1 ATTEST: SECRETARY ` BY: a DCDCRF 218 PAGE 20 1 I i • • STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ted Benavides, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Denton and that he executed the same as the act of said City of Denton for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19_- Notary Public in and for the State of Texas STATE OF TEXAS 5 1 COUNTY OF DENTON $ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Warren Searls known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the Denton Community Development Corporation and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of February , 1997_. • oooa~oooo 1 r,.•~~ B~RB~RI t P4SS Notary Publ c nand fo NotuyPuDMt,SUS.orTeea the State of Texas 's ;e!'r Wy commission Expires 064FBe k Ao\DCDC.13 DCDCRF.21 d PAGE 21 . v r I , EXMIBIT A - PROGRAM SUMMARY The Denton Community Development Corporation (DCDC) will set up and operate a Small Business Academy to perform in conjunction with the DCDC's bridge loan program. The DCDC Small Business Academy will have three primary objectives: (1) provide required training for entrepreneurs who wish to receive DCDC support; (2) provide elective training for other Denton area small businesspeople who desire such assistance; and (3) provide a resource for banks and other lending institutions who need help with businesses experiencing financial and administrative problems. To achieve these objectives, the DCDC will identify and engage a Director of the Academy, who will be responsible for developing the basic curriculum, developing a schedule of classes, identifying and obtaining the services of qualified faculty, and locating appropriate facilities for the classes. DCDC envisions that the curriculum will contain at least two "tracks" during its first year of operation: 1. Basic Track: Bu_ iness basics (financial, legal, administrative, etc.) For persons contemplating starting a new business (or new businesses within their first three years of operation). 2. Advanced Track: More complex issues (employee problems, multiple locations, quality control, administrative delegation, etc.) For small business owners who are facing growth or stagnation challenges. Each track should require at least six to eight sessions, scheduled at times which are convenient for most participants. DCDC further envisions that the Academy will provide a minimum of two classes per track, which should constitute at least four training sessions within the first year. In addition to the Academy, E: T': ,i' setup and operate abridge loan program for small businesses in the Denton area. :.butions from local banks this program is designed to provide a source of funds other, •.navailable to local entrepreneurs. The bridge loan program is designed to provide tho, ' :gas necessary for start-up, expansion, etc, for small businesspeople, but which are beyond the individuals' abilities to obtain through collateralized loans. Applicants will be required to attend and satisfactorily complete the DCDC Small Business Academy unless his or her knowledge and experience are equivalent to the curriculum, as determined by :he DCDC. A bridge loan subcommittee of the DCDC Board of Directors will set other ru;uirements as necessary and administer the loan program, reviewing each application and making recommendations to the full Board. This subcommittee will consist primarily of Directors appointed by the participating banks. Since the DCDC is newly incorporated, there has not been time to develop other economic development programs for the Denton area. However, additional Board members are being sought at A this time who can provide the leadership and expertise to expand the range and depth of DCDC programs, DCDC R F.21 S PAGE 22 • r • 3 DENTON COMMUNITI' DEVELOPNIENT CORPORATION I 414 Parkway Nntun, Texas 76201 EXHIBIT B PROPOSED BUDGET for February 1, 1997 through September 30, 1997 Income Denton CDBG Funds $90,000 TOTAL INCOME $90,500 Expenses Salaries and Wages 1. Manager of Operations ($10001mo, 50% time) $8, a~ Subtotal $8,000 E Personnel Fringe Benefits 1. Manager of Operations (8.65% of Wages) 692 Subtotal $692 Training Service Expenses 1. Trainers Fees 12,000 2. Lease/rental expenses 2,000 3. Academy Director ($5001mo) 3.000 Subtotal $17,000 Financial Services j 1. Accounting/audit services $5,000 ! i DCDCRF.218 PAGE 23 kk. 1' • f Insurance f 1. General Commercial Liability Policy 1,500 2. Directors and Officers Liability Policy 2,700 3. Errors and Omissions Liability Policy 5,000 4. Fidelity Bond 3,000 5. Workers' Compensation Policy 200 Subtotal $12,400 Travel Expenses 1. Local Travel @ $0.301mile 500 2. To regional and national meetings 2,000 Subtotal $2,500 Tax Expenses 1. Unrelated Business Income Taxes $500 General Office Expenses j 1. Communications (including long-distance phone) 2,000 p 2. Office Supplies (letterhead, etc.) 1,000 3. Promotion fliers, newspaper ads 3,000 4. Recruiting fees 500 5. Leased Office Space 4.800 Subtotal %11,300 Bridge Loan Fund 1. Contribution to Bridge Loan Fund $30,000 Reserve 1. Reserve for Contingencies $3108 TOTAL. EXPENSES $90.50 0 J ,I i + 1 DCDCRF.218 PAGE 24 E 1 e l.f DENTON COMMUNITY DEVELOPMENT CORPORATION i 414 Parkway Dhnton, Teas 76201 January 23, 1997 CERTIFICATION OF RESOLUTION from the MINUTES of BOARD OF DIRECTORS MEETING Date: January 22, 1997 Place: City Hall in the Mall Golden Triangle Mali Denton, Texas Attendees: Warren Seads, Chair and Executive Director Carolyn Birkhead, Member and Secretary(Trea surer Greg Sawko, Member Louis Williamson, Member and Deputy Director Mark Elder, Ex-Officio Member Absent: Ted L-weridge, Member Mike Cooper, Member E OLD BUSINESS The Board considered a revised version of the proposed contract with the City of Denton underwhich the DCDC will receive $90,500 in Community Development Block Grant funds for loan pool and administrative expenses. The Board discussed the changes in the contract. After discussion, a motion was made and seconded, and it was unanimously RESOLVED that the Chairman is authorized to execute the contract as currently drafted. s 1 hereby certify that the above is a true and correct copy of the minutes of the January 22, 1997 meeting of the Denton Community Development Corpon lion as pertains to the City of Denton contract. Carolyn Bi ead 6 Corporate Secretary January 23, 1997 DCDCRF.218 PAGE 25 • I pill 4. • • Agenda No. Agenda llem Date CITY COUNCIL RIPORT FORMAT DATE: February 5, 1997 TO: Ted Benavides, City Manager i FROM: Jerry Clark, Director of Engineering and Transportation k SUBJECT: Engineering Services Contract - Jim Christal Road Culvert Replacement Project RECOMMENDATION: Approve the ordinance approving the Engineering Services contract with Binkley and Barfield SUMMARY/BACKGROUND: This contract amount is for $17,DDO to provide Engineering Services for replacing the above referenced drainage structure. There has been $59,000 appropriated for this project. Forty-nine thousand dollars ($49,000) will be provided from the General Fund account and $10,000 will come from the miscellaneous drainage fund. Once the plans along with the specifications have been prepared, the Engineering and Transportation Department personnel will oversee the construction phase of the project. PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED: Citizens in the Jim Christal Road area, Engineering and Transportation Department, The Drainage Maintenance Department, and CIP Program FISCAL IMPACT The total cost is $17,000 for the engineering services to develop plans and specifications for the culvert replacement RES~LY SUBMITTED: Te Ben avides City Manager Prepared/Approved by: Je r C ar P.E. ' D~tor o Engineering 4 Transportation ; i AEE0083A 1 1 k 1 T: `.w.»....... ~.6 • • ED CITY OF DENTON TEXAS CITYHALL WEST 221 N. ELM DENTON. TEXAS 78201 (817) 566WO • DFW METRO 434.2529 MEMORANDUM DATE: February S, 1997 TO: Ted Senavidas, City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Engineering Services Contracts Jim Christal Road Culvert Project We have worked with Fred Balster, P.E. of Binkley and Barfield on designs for the Kerley Culverts and the Bell Robertson Culvert projects. Mr. Balster is very prompt and has previously delivered the work before the agreed deadlines and the plans were of excellent quality. We recommend that the engineering service contracts be awarded for $17,000 on the above referenced project. Jer lar P. E. . • 1 AEE007FE i 7k,hraied w Quality Set rice" 1 L-,V y 4' • r • f k.\YPDOCS\ORD\CULVGS.JOt f ORDINANCE NO. l AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND BINKLEY & BARFIELD, INC.; AUTHORIZING THE PXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a contract between the City of Denton and Binkley & Barfield, Inc. for civil engineering services for the construction of a replacement of a drainage culvert under Jim Christal Road. SECTION Ii. That the City Manager is hereby authorized to expend the funds as specified Ln the contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. D JACK MILLER, MAYOR I ATTEST: I JENNIFER WALTERS, CITY SECRETARY 1 BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Eyed .J 3 • • i PROFESSIONAL SERVICES AGREEMENT e'OR JIM CHRISTAL BRIDGE RECONSTRUCTION STATE OF TEXAS § i COUNTY OF DENTON § I THIS AGREEMENT is made and entered into as of the day of by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 E. McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "OWNER") and Binklev 6 Barfield. Inc. , with its corporate office at Houston, Texas 77008-3189 hereinafter called the ("CONSULTANT") acting herein, by and through their duly authorized representative. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I i • EMPLOYMENT OF CONSULTANT I+ The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the - • • • sections to follow, with diligence and in accordance with the highest profes.sioral standards cust)marily obtained for such services in the state of 'rexi. The p,ofessional services set out herein are in connection with the foliowing described project-. • • O The Project shall include without limitation, (herein described Project) . . . ARTICLE II SCOPE OF SERVICES The CONSULTANT shall per-'orm t.ie following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER's Therein describe any request i for proposal which the owner has utilized to solicit the CONSULTANT's services) request which is attached hereto and made a par hetV reof as Exhibit "A" as if written word for word herein. B. To perform all those services set forth in CONSULTANT'S (herein described any proposal of CONSULTANT which has been provided including the date of said proposal January 16, 1997 ) which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein. C. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this agreement and made a part hereof for all purposes as separate agreements. (If CONSULTANT is a professional engineer and you • wish to list specific services of the CONSULTANT please list all specific engineering services to be provided including the preparation of detailed plans and specifications). D. If there is any conflict between the terms of this agreement - • • and the exhibits attache] to this agreement the terms and conditions of this agreement will control over the terms and conditions of the attached exhibits or task orders. PA3F. 2 5 • • ARTICLE III ADDITIONAL SERVICES (To be used if CONSULTANT is an engineer). Additional Services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above described basic services, are described as follows: A. During the course of the project, as requested by OWNER, the I CONSULTANT will be available to accompany OWNER's personnel I when meeting with the Texas Natural Resource Conservation I Commission, U.S. Environmental Protection Agency, or other I regulatory agencies. The CONSULTANT will assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. i i B. Assisting OWNER or Contractor in the defense or prosecution of i litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing or analysis beyond that specifically included in Basic Services. 1 D. Preparing copies of Computer Aided Drafting (CAD) electronic data bas^s, drawings, or files for the OWNER's use in a future CAD system. 8 • 1 E. Preparing applications and supporting documents for government grants, lcan,, or planning advances and providing data for detailed applications. PAGE 3 • F. Appearing before regulatory agencies or courts as an expert i witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. G. Providing geotechnical investigations for the site including soil borings, related analyses and recommendations. H. (List any additional services not included in Basic Services) ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT of this Agreement and upon issue of a notice to proceed by the OWNER and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER„ acting through its City Manager or his designee. • ARTICLE COMPENSATION A. COMPENSATION TERMS: L - • • O 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for FADE 4 ,f k • • services in the nature of Geo-technical Services 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidental in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay based on the cost estimate detail at an hourly rate shown in Exhibit C, which is attached hereto and made a part of this agreement as if written word for word herein, a total fee including reimbursement for direct non-labor expense not to exceed $ 11,000 rartial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the owner throug;, its City Manager or his designees; however, under no circumstances shall any monthly statement for services exceed the value of the work, performed at the time a statement is rendered. The owner may withhold the firal 5% V the contract amount until completion of the project. Nothing contained in this Article shall require the owner to pay for any work which is unsatisfactory as reasonably determined by the City Manager or his designee or which is not • submitted in compliance with the terms of this contract. The City shall riot be required to make any payments to the CONSf.'LTANT when the CONSULTAI is in default under this, • • contract. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum not to exceed fee as stated without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to p.*rform the services listed in Article IV. Additional Services, without obtaining prior written authorization from the owner. i C. ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit C. Payments for additional services shall be due and payable upon submission by the CONSULTANT and shall be in accordance with subsection H hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT If the OWNER fails to make payments due the CONSULTANT for • services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent ( (1B) per month from the said sixtieth (60th) day, and in • ) addition, the CONSULTANT may, after giving seven (7) days' I~ O i written notice to the OWNER, suspend services under this II ~/lr Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses and charger provided, PAGE 6 • • however, nothing herein shall require the owner to pay the late charge of one percent (18) set forth herein if the owner reasonably determines that the work is unsatisfactory, in accordance with this Article V, Compensation. ARTICLE VI OSSERVAT?ON AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS i I All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense. In the event the OWNER uses the Agreement in another t project or for other purposes than specified herein any of the • information or mate~tals developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their f use in that project. ARTICLE VIII t ~ • a • INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent PAGE i q • • contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save ane hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. J Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE • During the performance of the Services under this Agreement, CONSULTANT shall'maintain the following insurance with an insurance company licensed to do business in the state of Texas by the State • Insurance Commission or any successor agency that has a rating with ~ ® • Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury PAGE 8 : ~ 7X Z, ZP. • r • :r limits of not less than $500,000 for each occurrence and not I less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less tha" $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not f less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability insurance with limits of not less than $1000000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. II E. The CONSULTANT shall furnish insurance certificates or h insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OW14ER as an additional insured on all such policies and shall contain a provision that such insurance shall not be canceled or modified without 30 days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. • ARTICLE XT ARBITRATION AND ALTERNATE DISPUTE RESOLUT?ON The parties may agree to settle any disputes under this • • 0 Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of nr relating to, this PAGE 3 i / 2- it N . • • r. agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. B. This agreement may be terminated in whole or in part in the event of eithe- party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying ' the nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination. C. If the aqreement is terminated prior to completion of the ser- vices to be provided hereunder, CONSULTANT shall immediately I cease all services and shall render a final bill for services I to the owner within 30 days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to • termination incurred prior to the date of termination in ac- cordance with Article IV, Compensation. Should the OWNER sub- r sequently coi.tract with a new CONSULTANT for the continuation of services on the project, CONSULTANT shall cooperate in II providing information. The CONSULTANT shall turn over all documents prepared jr furnished by CONSULTANT pursuant to this Agreement to the OWNER cn nr before the date of termination but may maintain topics of such documents for its use. PAGE 10 T • i • ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors and subconsultants for the accuracy and competEacy of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be deened communicated as of three days mailing: To CONSULTANT: To OWNER: Mr. Fred Balster. P.E. City of Denton 1 Binklev 6 Barfield. inc. ATTN: Mr. Jerrv Clark, P.E. 12860 Nillcrest Road _ Tittle: Director of Engineering Suite 222 215 E. McKinney • Dallas, Texas 75230 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to wu;m such notice is given or within three days mailing. . e e. • ARTICLE XV ENTIRE AGREEMENT PAGE 11 • • This Agreement consisting of 1¢pages and 2 exhibits constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. • ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT • shall not discriminate against any person on the basis of race, • 0 color, religion, sex, national origin or ancestry, age, or physical ff hang?:.cap. 4 f rA;E 1 ~ • • ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the city. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the f CONSULTANT or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or • • 0 received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or PAGE 13 0 • • modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. ARTICLE XXTI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement (list exhibits): B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent F books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will • perform most of this work hereunder shall be Fred Balster, P.E. However, nothing herein shall limit CONSULTANT from using other , 1 qualified and competent members of their firm to perform the services required herein. • • • E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner; and, in accordance with the provisions PAGE 14 P7 • • hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all a%ailable information pertinent to the project, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of , 19_. CITY OF CENTON, TEXAS • Ted Benavides, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY • t~ d O > By. APPROVED AS 1'0 LEGAL FORM: PAGE 15 c • • 1 HERBERT L. PROUTY, CITY ATTORNEY By: CONSULTANT By: Name: Fred Balster, P.E. Title: Engineer-Manager WITNESS: • • ` • PAGE 16 x f ~ e i. -all", • • January 16, 1997 EXHIBIT B SCOPE OF SERVICES f BASIC SERVICES The scope of services includes civil engineering services for the preparation of construction plans to reconstruct the failed culvert on Jim Christal Road. The project includes the design of prestress concrete i,eams to span the entire opening and shoring the existing abutment foundation. The City, acting as general contractor, will be responsible for soliciting bids from subcontractors and suppliers. The consultant will provide technical support during construction. SPECIAL SERVICES Creo-technical foundation report which includes test bore(s) and foundation design parameters. EXHIBIT C FEE SCHEDULE BASIC SERVICES LUMP SUM FEE Construction Plans $ 15,000 SPECIAL SERVICES Foundation Report 2.00p Total $ 17,000 • ADDITIONAL SER 7 FEE SCHEDULE • • • Project Manager $ 93.00 per hour Project Engineer 75.00 per hour Engineer-in-Training 55.00 per hour Technical 55.00 per hour Clerk 40,00 per hour ao c • • EXHIBIT "B" Binkley & Barfield, Inc., Consulting Engineers 12860 Hllkrest Rood, Suite 222 Ll Dallas, Texas 75230 (972) 788-2111 Fax(972)7M2195 I FS- October 31, 1996 NOY Re: BBI Job #'69300 f BBI File #19000 Jim Christal Road Bridge Denton, Texas Mr. Jerry Clark, P.L. 211 N. Elm City Hall West Denton, Texas 76201 Dear Mr. Clark: For the City to repair the Christal Bridge with its forces, the City would be put into the role of the general contractor on the project. The City would be purchasing the material, renting equipment, supplying labor and subcontracting elements of the construction. The following narrative may be helpful to construct the box beam bridge option. BOX BEAM BRIDGE DIRECT ITEM COMMENTS COST BUDGET 1 ENGINEERING: We will prepare the plans so that the City $13,000 can solicit bids from sub-contractors and • material suppliers. We would also provide technical support during construction. We would hire a geo-tech firm to do the foundation investigation for me bridges. The City would be responsible for obtaining 9 bids for contractors and material suppliers. • GEO-TECH: Provide test bores and foundation design 2,000 parameters. a~ Houston and Dallas • - • Mr. Clark 2 - 10-31-96 SITE PREP: Removal of the collapsed portions of the 3,000 existing bridge can be done with City forces with the rental of special equii+ment. Kirkpatrick and O'Donnell (912438-5757) has a linkbelt track backhoe with a hydraulic hammer whi^,h rents for $3000 per week. The City would have to provide trucks, torches, pumps, and a crew to clear the concrete debris. DRILL SHAFTS: The foundation drilling contractor could be 11,200 contracted directly or through your structural concrete contractor. The price is based on a contracted price and an estimates depth. FOUNDATION: City forces would provide labor to excavate 4,500 under the lip of the existing footings. The shwtural concrete contractor would form and pour the drill shafts and foundation. BOX BEAMS: The City would bid the concrete box beams 9,000 delivered with bearing pads to the site. Box beams are made primarily by Flexicore Texas, Inc. (1-713-437-5700). SET BOX BEAh1S: The City would hire a crane and operator from 1,500 someone such as Davis Crane Service (972-438-1122). Rental rate is $155 per hour. • Time clock starts when the crane leaves the yard. The City would coordinate beam delivery and crane operation, and provide labor for setting bearing pads. Beam truck drivers get paid for waiting. After beams are set the City would weld the beams • s together via steel tabs and grout the shear keys between the beams. J a2 • • S Mr. Clark -3 - 1x31-46 f T6 RAIL: The outside box beams will have inserts to 2,720 bolt the posts of the railings. The price given is the installed price. The City may save money to tx.y the material and install it. GUARDRAIL: The City can install the guardrail or have 3,600 a contractor do it. The price is a contractor installed price. PAVEMENT: The City would level up the road and either 1,260 chip seat or asphalt overlay the bridge arsd approaches. CONTINGENCIES: Ten percent for incidental material. 3,683 Total project direct cost estimate. $ 57,513 1 hope this information will be helpful and outlines the basis of the preliminary estimate. If you have any questions please call me at (472) 788-2111. Sincerely, BINKLEY & BARFIELD, INC. Consulting ineers Fred Batster, P.E. . Engineer-Manager FB+ds ~3 • r • EXHIBIT 1997 FEE SCHEDULE EMPLOYEE HOURLY RATE Senior Engineer $ 90.00 Project Engineer $ 70.00 Engineer-In-Training $ 55.00 Clerical $ 40.00 i I b i `i a~ e s Agenda No_g Agenda Item Dot u~ N,I97 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: 'fed Benavides, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER MANAG ERTO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE CALLAHAN ESTATE FOR THE PURCHASE OF REAL PROPERTY FOR WATER RECLAMATION PLANT PURPOSES SUMMARY: The Callahan estate owns several hundred acres north and east of the City of Denton's wastewater treatment plant which is located on Pecan Creek east of Mayhill road, The city has been in negotiations with the Callahan estate for the past year in an effort to purchase the property across Pecan creek from the wastewater treatment plant for future use as area to land-inject biosolids from the wastewater treatment plant. The property included in this purchase is 151.2 acres of floodplain property that extends from Mayhill Road and along and past the wastewater treatment plant plus 90.6 acres of non flood plain property east and north across Pecan Creek from the wastewater treatment plant. The acquisition of the floodplain property may some day serve as a greenbelt area from Denton to the Corps of Engineers property along Lake Lewisville. The purchase price of the property is $575,000. Funds for this purchase will be from wastewater department revenue bonds. The annual debt service cost of this purchase is approximately $50,000 per year and will be absorbed into the departments $10,343,000 annual budget without need for a rate increase for this specific purchase. FISCAL IMPACT: 5575,000 Respectfully submitted, e v Ted B:navides, City Manager Prepared by, • R. E. Nelson, Executive Director Utilities f:ahibits: I. Ordinance • O ll. Real Estate Contract j pri96.do 97u911ehm tl I A • I i I Tt\MPDOCS\ORD\CALLAHAM-ORD ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ROBERT W. CALLAHAN, LAMES E, CALLAHAN AND ANN C. STARK RELATING TO THE PURCHASE OF PROPERTY IN THE VICINITY OF THE CITi'S WASTEWATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager 1s hereby authorized to execute a real estate contract between the City of Denton and Robart W. Callahan, James E. Callahan and Ann C. Stark relating to the purchase of property in the vicinity of the City's Wastewater Treatment Plant, a copy of such contract is attached hereto and incorporated herein by reference. SECTION ii. That the City Manager hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 1997• JACK MILLER, MAYOR 1 ATTEST: • JENNIFER WAITERS, CITY SECRETARY BY: ` A APPROVED AS TO LEGAL FORM: • O HERBERT L. PROUTY, CITY ATTGRNEY BY: /u~/~d n!e r eat/ _ Z- t • , FEB-14-1997 09:41 CITY OF "ON PLPtNlWj P.02/10 ABAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DEMON THIS CONTRACT OF BALE is made by and between Robert W. Callahan. Ann 15t -I,- and James H. Callahan (hereinafter referred to a3 'Seller ) and CITY OF DENTON, TEXAS, a home rule municipali- ty, of Denton, Denton County, Teras, (hereinafter referred to as 'Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE 1. Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately 245 acres of land situated in Denton County, Texas, being illustrated by Exhibit "A" attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the property, including Q any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property*), together with any improvements, fixtures, and personal property situated on and attached to the Property, for th9 consideration and upon and subject to the terms, provisions, and conditions hereinaf- ter set forth. 2. However, it is expressly understood that the seller shall have the right to harvest the Pecan trees within the purchasers tracts until December 31, 1999. 3. Seller and Purchaser acknowledge tMt cattle are currently grazing on the property purchased by Purchaser, (illustrated on Exhibit "A": attached - tracts A & B) hereunder as well as on the property adjacent to that being purchased by Purchaser which is • also owned by Seller (illustrated on Exhibit "A": attached - tracts 1, 2, 3 and 4). The Parties agree that the cattle can continue to graze on tracts until Purchaser constructs a fence upon tracts A & B or portions thereof. The Seller agrees to maintain that portion of the fence in existence at the execution of this contract that deteriorates from normal wear and tear or unknown causes. The Purchaser agrees to pay all coats associated with the construction • of that portion of the fence erected by Purchaser subsequent to the I p execution of this contract needed to separate the tracts. City shall, as a minimum, when installing the common boundary fencing, construct a steel T-Post fencing with 4 strands of barbed wire appropriately braced. If any portion of the fence in either tracts are damaged by the negligence of agents or invitees of a party to this contract then such party, its successors and assigns will be responsible for the repair to such portion of the fence damaged by such party's agents or invitees. Any damage to common boundary fencing of the parties resulting from wear and tear or unknown • FE13-34-1997 09:41 CITY OF DENTON PUMING P.03i10 causes shall be shared 50-So by the parties. If perimeter fences on the property being purchased by purchaser become in such a state of disrepair as to be unuseable, then Seller may elect to notify Purchaser to construct the common boundary fencing and Purchaser shall complete such fence construction within 180 days of such notification. 4. Seller shall be responsible for any damage or claim based on ofj Sellerasamaintenancen ofdc tale or property livestock arising on any by of reason the subject tracts and Seller agrees to indemnify and hold purchaser harmless from any claims or damages filed against purchaser by reason of Seller's negligence. 5. Seller, for clarification purposes, agrees this contract assigna, conveys and/or transfers to Purchaser all leases or other legal rights Seller has including, without limitation, leases or legal rights to wells presently being utilizes by Lone Star Gas Company on the subject property. 6. Seller, for clarification purposes, agrees this contract assigns, conveys and/or transfers to Purchaser all water, irriga- tion and flowage rights Seller has in the subject property and in particular any rights conveyed to Seller by the Texas Natural Resource Conservation Commission. 7. Seller shall grant an ingress and egress easement to Purchaser, along, over, and across the 30 foot road illustrated on attached Exhibit %A". This easement will terminate if Seller provides another ingress and egress easement in a different location or dedicates a public road that allows purchaser access, if such new easement or road is approved by purchaser and such approval may not be unreasonably withheld. PURCHASE PRICE 1. Amount of *g-hAM Price. The purchase price for the Property shall be the sum of _$575.000.00 2. payment of Purch-- e~+~ . The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trana- • • • actions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Titlg RCR=. within five (5) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a pre- AEEOO901 PAOZ 7 f , 1 wn .•r-.wW4I nYM.~Y1A,iYJ.Y ~ • • FEB-14-1997 09 42 CITY OF DEMON PLFMING ?.04/10 liminary title report (the "Title Report") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., j affecting the Property. Purchaser shall give Seller written notice on or before the expiration of five (5) days after Purchaser re- ceives the Title Report that the condition of title as net forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller'e option, prompt];- undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within five (5) days after receipt of written notice, thin Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchasers otherwise, this con- dition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2• SuXle . Purchaser shall, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the aurveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have five (5) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the five (5) day period, giva Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within five (5) days after receipt of written notice, Purchaser ray terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. s 3. Seller's Compliance, Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. • REEREUNTATIONS AND WARRANTIES OF SELLER • • Seller herely represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: ARBOO901 PAGE 7 .5' • FEB-14-1997 09:42 CITt OF DEN ON PLMAING P.05i10 t 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. ! 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- j sment affecting the Property, or any part thereof, nor to the beat 1 knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. (a) There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmen- tal Response Compensation and Liability Act (CERCLA), as amended. (b) The City of Denton assumes the risk of and agrees to indemnify and hold Seller harmless, and to defend Seller against and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney's fees), or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of the City of Denton, Seller or any third party), or causing property damage or destruc- tion of whatsoever nature or contamination to the environment (including without limitation property of the City of Denton or Seller, or property in its or their care, custody, or control, :..nd third party property), arising out of acts, omissions or events occurring after Closing. (c) Seller assumes the risk of and agrees to indemnify and hold the City of Denton harmless, and to defend the City of Denton against and from all claims, costs, liabilities, expenses (includ- ing without limitation court costs and attorney fees), or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoeveer (including without limitation employees, agents or contractors of Seller, the City of • Denton or any third party), or causing property damage or destruc- • • tion of whatsoever nature or contamination to the environment (including without limitation property of Seller or the City of Denton, or property in its or their care, custody, or control, and "JI third party property), arising out of acts, omissions or events occurring before Closing, except for problems caused by the use of the Purchaser's adjoining property. A8800801 PADS 4 • • FEB-14-1997 09:43 CITY CF DENTON PL" IICi P.06/10 "Environmental Probleme^ means any cause or action under the federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (as amended) and any cause or action arising from similar federal, state or local legislation or ather rules of law, and private causes of action of whatever nature which arise from environmental damage, toxic wastes or other similar causes. MISCELLANEOUS 09LIGATIONS OF PARTIES CLOSING The closing shall be held at the office of First American Title Incur nce Comp of Texas Title Company, Denton, Texas, on or before March 14, 2992, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the closing date°). I CLOSING REQUIREMENTS ` 1. Seller's ReouLrements. At the closing Seller shall: M A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, asees- aments, and restrictions, except for the following: 1. General real astate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. R. Deliver to Purchaser a Texas Owner's Title Policy at / Purchaser's sole expense, issued by First American Title Insurance Company of Texas, (the •Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the • • purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed J in Closing _Regbir± n s hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas owner's Title Policy, provided, however: AXE00801 DACE 5 i7 • - • C.. n • • FEB-14-1597 09:43 CITY OF DENTON PL"ING P. 07/10 i 1. The boundary and survey exceptions shall be deleted if required by purchaser and it so required, thb costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed 'None of Recordm; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payabiel; and 4. The exception as to liens encumbering the Property shall be endorsed 'None of Record'. C. Deliver to Purchaser possession of the Property on the day of closing. 2. 1_U_EaLUj=m&V U. Reau Purchaser shall pay the full cash purchase price to Seller at Closing in immediately available funds. 3. Clos'no Co ts. Through the date of Closing, Seller shall pay all taxes aseensed by any tax jurisdiction through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale ' of the Property except Purchaser's default, Purchaser may either ® • enforce specific performance of this Agreement or terminate this Agreement. AEEt)Oe01 PACE 6 8 • • FEB-14-1997 09:44 CITY OF CENTON PI-C KING P.09i10 f BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchu:!er's obligations set ' forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Eel?';r may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the part!-.s, ns well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall he deemed received when sent by United states mail, postage prepaid, certified mail, return receipt requested, addree- sed to Seller or Purchaser, as the case may be, at the addrees set forth beneath the signature of the party. 4. Texas w to &Wlv. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Aqreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for -iny reason be held to • be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. ` 7. Prior Agreements Superseded. This Agreement constitutes ' • the sole and only agreement of the parties and supersedes airy prior p understandings or written or oral agreements between the parties respecting the within subject matter. S. Time of Essence. Time is of the essence in this Agreement. I A8600801 PA03 7 i FEB-14-1997 09:44 CITY OF DENTCN PL"ING P.6'-)/10 9. 9011der. Words of any gender used in this Agreement shall be :geld and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract',. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. LmLiAnCS, In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchasers own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within five (5) days after Purchaser executes this Agreement and de)ivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of 1997. SELLER PURCHASER THE CITY OF DENTON, TEXAS By:^ James E. Callahan, Ted Henavi ss Individually 215 S. McKinney Street Denton, Texas 16201 w James E. Callahan, Attorney in fact for Ann C. Stark James E. Callahan, Attorney in fact for A Robert W. Callahan APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: M00eai ends 0 J_~_ 0; moo, Wme'i 0 FEB-14-1997 09:44 (A TY OF LENTON PLFttAIN3 P.10i1e STATE OF COUN'T'Y OF This instrument was acknowledged before me on this day of 1997 by James R. Callahan. Notary Public in and for STATE ON TEXAS COUNTY OF This instrument was acknowledged before me on this day of 1997 by James R. Callahan, Attorney in fact for Ann C. Stark. Notary Public in and for STATE OP TEXAS COUNTY OF Thin instrument was acknowledged before me on this day of , 1997 by James B. Callahan, Attorney in fact for Robert w. Callahan. Notary Public in and for STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 1997 by Ted Senavides city manager, of the City of Denton, a municipal corporation, known to rt..; to be the person and officer whore name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the O City Council cf the City of Denton and that he executed the same as the act of the said City for purposes and consideratiors therein expressed, and in the capacity therein stated. I Notary Public in and for Texas AE800901 nanR a / / TOTAL P.10 • agenda Na. Z~. Agenda Ite Date ~~2 CITY of DENTON, TEXAS MUN1CfPAL 80LOWG • 215 E. MCKINNEY • DENTON, TEXAS 76201 (811) 566-8200.OFW METRO 434.2529 MEMORANDUM DATE: February 18, 1997 TO: Honorable Mayor Members of the City Council ' FROM: Linda Ratliff ~ Director of Economic Development SUBJECT: Nebrig 6 Associates, Inc. Amended Lease Recommendation: The Airport Advisory Board recommends approval of the attached amended airport lease for Nt.brig 6 Associates. Background: Nebrig 6 Associates entered into a lease in September f 1996, for a 1.5 acre parcel plus options on two additional parcels II at the south end of the Denton Municipal Airport. Nebrig 6 Associates agreed to construct a taxiway on Airport property from the existing taxiway to their property. In return for the taxiway, the lease was discounted for the first three years. In addition, Nebrig agreed to construct a 30-foot taxiway along the southern edge of their property line. The original lease did not specify where the 30-foot taxiway would be located. The City intended that the taxiway be constructed on Nebrig's property. Nebrig understood however, that since the taxiway would be shared with future development by others directly to the south, that the taxiway would be built on Airport property. The Nebrig's 0 development plans require the total square feet provided in their lease in Parcel tl and does not allow for the 30-foot taxiway. i Summary: In order to accommodate the Nebrig's development and at the same time allow enough room for additional development to the south, it is necessary to change the dimensions of the Nebrig's parcel. The amended lease reflects the changes in the property description and specifies the location of a 30-foot taxiway adjacent to the Nebrig property. Parcels #1 and #2 remain the same size. Parcel t3 is reduced from 1.7 acres to 1.335 acres. All other terms and lease rates remain the same as the original lease. l "Dedicared to Quality Sen ice" Mwlw y : >>_.I..,x"r`V[:14Y'.l iofl`Y'xYWT.-♦'.•-TI+..yx/.~.I^d!-w:lrliLt'.+4.IYL.R!'1.i\.Wlllf:FL~'eFY1Ly1'h~R~2'~Cyr~~r++sYi +~s~'~' I . Memorandum February 18, 1997 Page 2 Fiscal Impact: Nebrig has until the year 2008 to exercise their option to lease Parcel i3. The reduction in the parcel's size from that of the original lease would result in a decrease in revenue of approximately $2,400 per year. Please let me know if you have any questions regarding this item. ABB00537 i r t t 0 v 2 f ~a~- _ .w ~rG 11{f~~~ri~~11~~M~111~h51 roS • • r 7:\1RDOMORD\NEBRt G. (AD k ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDED AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND NEBRIG & ASSOCIATES, INCORPORATES TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT :ND MAINTAIN AN OFFICE, HANGAR, MAINTENANCE AND RELATED AVIATION FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute the first amended airport lease agreement between the City of Denton, Texas and Nebri; & Associates, Inc. to lease certain premises of the Municipal Airport and construct and maintain an office, hangar, maintenance and related aviation facilities thereon, under the terms and conditions contained within this Agreement, which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997• k JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3 • • i I FIRST AMENDED AIRPORT LEASE AGREEMENT THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S f` This First Amended Airport Lease Agreement, hereinafter referred to as nLeass" is made and executed this deny of , 1997, at Denton, Texas, by and between £h- City of Denton, a Municipal corporation, hereinafter referred t,) as "Lessor", and Nebrig & Associates, Inc., a Texas corporation., having its principal offices at 7515 Lemmon Avenue, Dallas, Texas 75209, hereinafter referred to as "Lessee." This lease repeals in its entirety the Airport Lease Agreement between the parties of September 18, 1996. WITNESSETH: WHEREAS, Lessor and Lessee executed an airport lease agreement on September 18, 1996, which failed to specifically Indicate the location of a taxiway adjacent to Parcels 1, 2 and 3 described herein; and WHEREAS, Lessor and Lessee desire to execute the First Amended Airport Lease Agreement so that such taxiway may be clearly designated; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. • A. Principles of Operations. The right to conduct aeronauti- cal activities for furnishing services to the public is granted the Lessee subject to Lessee agreeing: 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, • and • • J 2. To charge fair, reasonable and not unjustly dis- criminatory prices for each unit or service, pro- vided that the Lessee may be allowed to make rea- sonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 7 "oil • • I H. Non-Discrimination. The Lessee, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subj^cted to discrimination in the use of said facilities. 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, reli- gion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 3. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Depart- ) ment of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transporta- tion-Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above non-discriminatory covenants, and Lessee's failure to cure same within thirty (30) days after receipt of written notice thereof, except this thirty (30) day period shall be extended for a reasonable period of time if the alleged breach is not reasonably capable of Gjre within such thirty (30) day period and Lessee proceeds to diligently cure such breach, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR • Part 21 are followed and completed, 'Including expiration of appeal rights. i C. Right of Individuals to Maintain Aircraft. It is clearly ; understood by the Lessee that no right or privil.ge has been granted which would operate to prevent any person, firm, or corporation operating aircraft on the airport from performing any e services on its own aircraft with its own regular employees • (including, but not limited to, maintenance and repair) that it may choose to perform. D. Non-Exclusive Right. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section Page 2 5 • I 1349 of Title 43, U.S.C.A. k E. Public Areas. k 1. Lessor reserves the right to further develop or f improve the landing area of the Airport as it sees s fit, regardless of the desires or views of the Lessee, and without interference or hindrance; provided such further development or improvement does not prevent Lessee from reasonably utilizing the premises and all appurtenances related thereto as contemplated by the terms of this Lease. f 2. Lessor reserves unto itself, its successors and assigns, for the use and benefit of the flying public, a right of flight for the passage of air- craft above the surface of the premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 3. Lessor shall be obligated to maintain and keep in repair the landing area of the Airport and shall have the right to direct and control all activities of Lessee in this regard. I 4. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. • 5. Lessor reserves the right to take any action it considers necessary to protect the aerial approach- es of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the useful- ness or safety of the airport or constitute a • hazard to aircraft or to aircraft navigation. 6. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. Page 3 • 0 Mimi r • I v i II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lease and take from Lessor, the following described land situated in Denton County, Texas, as described as follows: i A. Nand, 1. A tract of land, being approximately 65,688 square feet, or 1.508 acres, as illustrated in Attachment "A", as described by metes and bounds in Attachment "B", and as identified as Parcel 1 of Lot 1, Block 1 of Attachment "C", all such attachments, and Attachment "D" and "E" described below, are incor- porated herein by reference. (Include Survey) Together with the right of ingress and egress to said property; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton; and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For the purposes of this Lease, the term "Premises" shall mean all property located within the metes and bounds described above, including leasehold improvements constructed by the Lessee, and the right to the use (in common with other lessees of the Airport) of all runways and taxiways within the Airport, but not including certain easements or property owned and/or controlled by the Lessor. e 2. Lessee shall have the option of extending the terms of this lease to an additional one and one-half (1 ' 1/2) acres of land or 65,340 square feet depicted as Parcel 2 on Attachment "C" (and described by metes and bounds in Attachment "D"), subject to the division of this property into two separate 3/4 • acre tracts. The option on the 3/4 acre tract • • closest to the Airport's runway facilities shall be exercised no later than four (4) years from Septem- ber 30, 1996. If the option on the 3/4 acre tract above is timely exercised, then Lessee shall have an additional option on the remaining 3/4 acre tract, and this option shall be exercised no later i Page 4 i / I i - 1 than eight (8) years from September 30, 1996. 3. After the options have been timely exercised on the two 3/4 acre tracts comprising Parcel 2 in Attach- ment "C", Lessee shall have the option of extending the terms of this lease to an additional 1.335 acres of land depicted as Parcel 3 on Attachment "C" (and described by metes and bounds in Attach- ment "E"), if same is not under a lease and remains unimproved at such time. This last option shall be exercised no later than twelve (12) years from September 30, 1996. 4. The 1.335 acre option tract outlined in Attachment "C" as Parcel 3 may be leased by Lessor to other than Lessee during the above twelve-year period, provided that, and for so long as Lessee stays in lawful possession of the land denoted above in Attachment "C" as Parcel 1 and Parcel 2,if appli- cable, Lessee shall have a right of first refusal on ary lease negotiated by Lessor within part or all of the tract of land outlined on Attachment "CO' as Parcel 3. In the event the Lessor shall receive an offer to lease all or a portion of the 1.335 acres, Lessor shall deliver such written offer to Lessee. Lessee shall have the right, exercisable within thirty (30) days after receipt of such written notice, to lease the 1.335 acres or portion thereof, if applicable, upon the same terms and conditions as set forth in such written offer. In the event the Lessee fails to deliver to Lessor its acceptance of such terms and conditions within such thirty (30) day period, the Lessor shall be enti- tled to lease the 1.335 acres pursuant to the terms of such written offer. 5. Lessee agrees that if Lessee fails to exercise the option on the 1.335 acres cutlined in Parcel 3 of Attachment "C", or fails to utilize its right of first refusal above, then the tenant ultimately leasing such tract from Lessor will be allowed uninterrupted access for ingress and egress of airplanes to the taxiway constructed by Lessee under this Lease without assessment of a pro-rata • charge or any charge against such tenant or opera- • tors of airplanes utilizing such tenant's property. Lessor agrees that Lessee may deny access to the proposed taxiway Lessee constructs pursuant to this Lease to the tenants, their invitees, and custom- ers, of the property directly across from Lessee's two one and one-half (1 1/2) acre tracts under this Page 5 i _7 • Lease (Parcels 1 and 2 of Attachment "C"). Howev- er, Lessee shall provide access in the same manner provided to the 1.335 acre tract tenant referenced above if such tenants agree to pay to Lessee an assessment for use of such taxiway in the amount of 50t of the certified costs (as mutually determined by Lessee and Lessor after completion of taxiway improvements and including interest on such costs) of the construction of such taxiway adjacent to such tenants' properties, based on a front footage charge as used in city of Denton Street Paving Projects. If Lessee exercises its option on the 1.335 acres within twelve (12) years of September 30, 1996 or leases same under its right of first refusal, the, Lessee may assess the tenant(s) across from thew 1.335 acres the applicable front footage charge .f such tenant(s) desire access to the taxiway constructed by Lessee. 6. The options, on the two 3/4 acre Parcels, compris- ing the 1 and 1/2 acres outlined in Attachment "C" as Parcel 2 and on the 1.335 acres, if applicable, outlined in Attachment "C" as Parcel 3, shall be subject to the same terms and conditions contained within this agreement as are applicable to the one and one-half acres outlined in Attachment "C" as Parcel 1, at the time the option(s) is exercised, including, but not limited to: land rental rates as computed on a cents per square foot ter year basis; term of lease; consumer price index adjust- ments already implemented, if any; and date of commencement, as if said option were and had been within Parcel i of Attachment "C" from the original date of September 30, 1996. 8. Improvements Provided By Lessor. ® 1. Less+or agrees to provide, at Lessor's sole cost and expense, the following public improvements: (a) construction of improvements to Westcourt Road from its intersection with Airport Road to the point in which the Premises shall have access to Westcourt Road; and • O (b) repair/ replacement of entrance gate at Westcourt Road providing access to the Premises via a locked gate; key provided to Lessees; Lessor to provide gate to be open daily from 8:00 a.m. to 5:00 p.m. Monday through Friday. Page 6 y: • 2. For the purposes of this Lease, the term "Lessor improvements" shall mean those things on or adja- cent to the Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, or will enhance or increase, the value or quality of the Premises. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improve- ments must be described in detail abova, or above referenced and attached to this Lease in an exhibit approved by the Lessor. C. Public Tmerovements Providtd by Lessee, Lessee agrees to provide, at Lessee's sole cost and expense, the following public improvements: 1. Utility services including, without limitation, water, gas, electricity, and telephone sufficient to service Lessee's business within the Premises to be constructed from the boundary of Parcel 3 iden- tified in Attachment "C" closest to Westcourt Road I to the Premises; and 2. Construction of a taxiway on land owned by Lessor from the Airport taxiway to Parcel 1. In addition, i construction of the continuation of that taxiway, jt as reflected on Attachment C, to Parcels 2 & 3, if options to such Parcels are exercised. The entire taxiway, including continuation, if any, shall be owned and maintained by Lessor. The consideration for the construction of these public improvements is the reduction in the rental under this Lease from fifteen cents ($0.15) per square foot to five ($0.05) cents per square foot for the first three (3) years. III. TERM s The term of this Lease shall be a period of thirty (30) years, commencing on September 30, 1996 and ending at midnight on the last day of the 30th year of the term of this Lease, unless earlier terminated under the provisions of the Lease. Lessee shall have the option to extend the term of this Lease for an additional period of ten (10) years upon the same terms and conditions as set - • forth in this Lease. Should Lessee elect to exercise its option to • • extend the term of this Lease, Lessee shall give written notice of its intention to Lessor not less than one hundred eighty (180) days before the expiration of the initial term of thirty (30) years. At the end of the initial ten (30) year extension, Lessee shall have the option to extend the term of this Lease for an additional ten (10) year term upon the same terms and conditions as set forth in Page 7 • • I~ this Lease. Should Lessee elect to exercise its option to extend the term of this Lease, Lessee shall give written notice of its intent to Lessor not less than one hundred eighty (180) days before the initial ten (10) year extension due to expire. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments, rentals and fees as follows: A. Rent. Lessee shall pay to the Lessor for the use and occupancy of the Premises the sum of five cents ($0.05) per square foot per year for the first three (3) years of the Lease (to compensate Lessee for taxiway to be constructed), for a total of Three Thousand Two Hundred Sixty Seven Dollars ($3,267) per year, to be paid in twelve (12) equal monthly installments in the sum of Two Hundred Seventy-two Dollars and Twenty-five Cents ($272.25) per month in advance, with the first installment being due on or before the first day of the month following September 30, 1996. For years four (4) through thirty (30) of this Lease, the rental will be fifteen cents ($0.15) per square foot per year. The rental for b years two (2) through thirty (30) of initial Lease and for the two { ten (10) year renewal periods will be adjusted annually based on the consumer price index criteria in Section IV.E. B. Lessor Improvement Rentals. The Lessor improvement rentals or fees are described as follows: None. C. Additional Fees :.nd Rentals. No additional fees will be charged for use of the premises. D. Payment. PenFilty. Adiustments. All payments made hereunder by Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. • All monthly rental payments shall be due and payable on or before the first day of each month and shall be paid by Lessee without demand or notice from Lessor. All rental amounts paid by Lessee after the tenth (10) day of the month will be delinquent and shall include an additional monetary amount (penalty) which shall equal five percent (5i) of the rental amount due. Failure of Lessee to pay the five percent (5t) monetary penalty on delinquent • rent shall constitute an event of default of this Lease. p • E.. 1. The yearly rental for land and improvements herein leased shall be read3usted at the end of each year period during the term of this Lease on the basis Page 8 • • of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the October, 1996, index. Each rental adjustment, if any, shall occur on the 13th day of December, beginning 1997, and every year thereafter on such date. 2. The adjustments in the yearly rent ;hall be deter- mined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for October. 1996. if the product of this multiplication is greater than the minimum yearly rent as set forth in section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV.A., until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the minimum yearly rent of as set forth in Section IV.A. The adjustment shall be limited so that the annual rental payment deter- mined for any given year shall not exceed the annual rental payment calculated for the previous 1 year by more than ten percent (10%). 3. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth above, but sub- stituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All O O Items For All Urban Consumers (CPI-U) for the index numbers for. the CPI-U applicable to she Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments Page 9 c: called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Lease-l Premises. Lessee is granted the non- exclusive privilege to engage in or provide the following: 1. sale of airplanes, including maintenance of air- planes of lessee and its tenants; 2. hangar, with office and maintenance shop; 3. sale of fuel, including Jet A and Av Fuel. (a) Sale of fuel to be provided via skid tanks or fuel trucks and for the express use of Lessee and Lessee's tenants. Fuel purchased by Lessee from a non-Fixed Base operator shall be assessed a fuel fee of five cents ($0.05) per gallon. Sale of fuel from skid tanks and purchase of fuel from wholesaler to be discon- tinued after Lessor's fuel farm is relocated and becomes operational. Lessee may purchase fuel from Lessor's fuel farm under the same { terms and conditions mentioned above. (b) Fuel fees shall be paid monthly to Lessor on the 15th day of each month during the term of this Lease. Lessee shall keep and maintain accurate records of: fuel purchases, fuel sales, fuel deliveries, fuel disbursements, and fuel inventories (fuel records) under this 0 agreement for a period of three (3) years from p • - j the date the record is made. Such records J shall be kept according to generally accepted accounting principles. Lessor, or its duly authorized representatives, shall have the right at all reasonable times during business hours to inspect the books, fuel records, and Page 10 /_3 • I receipts of Lessee, including examination of the general ledger and all other supporting material, for the purpose of verification. (c) Lessee agrees that all fuel fees are due and payable and shall be paid by Lessee without demand or notice in writing from Lessor. Lessee shall provide Lessor a breakdown of the fee payments monthly. All fees paid by Lessee and received by Lessor after more than fifteen (15) days after the due date shall auY:mati- cally accrue and include an additional mone- tary amount (penalty) equal to five percent (5%) of the fuel fee amount due. At any time after any fee becomes due, the Lessor may notify Lessee in writing of the delinquency. Failure to pay fuel fees with accrued penal- ties within seven (7) days of receipt of such notice will constitute a default under the Lease. Fuel fees shall be paid to the same address to which rental fees are payable. (d) within fifteen (15) days after the end of each month, Lessee shall furnish to Lessor a certi- fied statement of fuel records during the preceding month. if an audit establishes the Lessee has understated fuel sales by Yive percent (5t) or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Lessee shall forthwith be paid to Lessor, with interest thereon at one percent (it) per month from the date such amount originally became payable to Lessor. Any overpayment by Lessee shall be credited against future payments due to Lessor. A (e) Lessee, its tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the Premises of Lessee, its tenants or sublessees shall be limited to only those private, commercial, retail or industrial L activities having to do with or related to L' i airports and aviation. In connection with all O permitted uses of the Premises provided by the terms of this Lease, Lessor agrees to issue or J cause to be issued to Lessee any and all applicable permits or licenses necessary for Lessee to conduct the business operations as contemplated in the terms of this Lease, Page 11 1 • ♦ q/. PT= • • provided Lessee complies with all applicable codes and ordinances. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commer- cial, retail or industrial activity. 8. Independent Contractor, During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be k deemed an independent contractor and it is mutually agreed that nothing contained herein shall ue deemed or construed to constitute a partnership or joint venture between the parties hereto. C. Standards. Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manag- er, or authorized City representative, hereinafter referred to as "Airport Manager" and keep current i{ its mailing address, telephone number(s) and con-, tacts where its authorized official can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a list of its tenants and subles- sees. 3. gQnduct• Lessee shall contractually require its employers and sublessees (and subleases's invitees) to abide by the terms of this Lease. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. • 4. Utilities.-Taxes and Fees, Lessee shall meet all expenses and payments in connection with the use and occupancy of the Premises and the rights Lind privileges herein granted, including the timely payments of utilities, taxes, permit fees, license fees and assossments lawfully levied or assessed. Lessee herein agrees to pay to all lawful taxing • authorities an ad valorem property tax on all • • improvements constructed by the Lessee on the Premises, and to comply with all tax laws pertain- ing to the Premises, including those promulgated in the future. Lessee may initiate or prosecute any proceedings permitted by law for obtaining an abatement, reduction or withdrawal, or otherwise Page 12 J~ , • i • contesting the validity or amount, or any taxes for which Lessee is alleged to be responsible. Lessee shall indemnify and save Lessor from and against all loss, cost, damage and expense as a result of any such proceeding. 5. Rules Regulations and Restrictions. Lessee shall comply with all federal, state and local lairs and rules and regulations which may apply to the con- duct of business contemplated, including rules, regulations and ordinances promulgated t.y Lessor, and Lessee shall keep in effect and post in a p-ominent place all necessary and required licenses or permits. Lessee's use of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and conditions of record pertaining to the use and occupancy of the Premises and shall at all times comply with the laws, codes, ordinanc- es, rules, and regulations, either existing or ` those promulgated in the future, by the City of Denton, the County of Denton, the State of Texas, the United States of America, and the Federal Aviation Administration, or their successors. Lessee shall not operate or permit the operation of any transmitter devices, electrical signal produc- ers, or machinery on the Premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the Premises which would produce obstructions to the visibility or violate height restrictions as set forth by the Federal Aviation Administration and/or the City of Denton. 6. Ha ght Restriction And Airspace Protection, The Lessee agrees for itself, and its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Premises to a height as established in City of Denton ordinance 81-1, as the same may be amended from time to time. The Lessee also agrees for itself, and its successors and assigns, to prevent ® any use of the Premises which would interfere with • ~p landing or taking off of aircraft at the Denton Municipal Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the Premises. 7. Maintenance,, Lessee shall be responsible for all Page 13 - z i s • maintenance and repair of the premises, including buildings, structures, grounds, pavements, and utilities. Lessee shall be responsible for grass cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee agrees to keep the Premises, together with all improvements, in a safe, clean and attractive condition at all times. Lessee shall not change the original color or texture of the exterior walls of any structure or improvements without the written consent from Lessor, such consent to not be unrea- sonably withheld or delayed. (a) Painting of Buildings, During the original term of this Lease and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Advisory Board determines painting is necessary, it shall furnish a recommenda- tion to this effect to the City Council. The Council, may. upon the Board's recommendation, require Lessee to repairt said exteriors according to Lessor's specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed). Lessee shall complete the painting in accor- dance with such specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the O painting required by Lessor's City Council within the six (6) month period shall consti- tute Lessee's default under this Lease. (b) Storage. Lessee herein agrees not to utilize or permit others to utilize areas on the • Premises which are located on the outside of • the hangar(s) and/or building(s) for the • O storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehi- cles of any type, or any other equipment or items which would distract from the appearance of the Premises. Page 14 ~f is rr... M1+i10Rir • • 8. Unauthorized Use of Premises. Lessee may not use any portion of the Premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 4. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the Premises nor may Lessee, its tenants, invitees, or guests be permitted to reside or remain as a resi- dent on or within the Premises or other airport premises. 10. Ouit Possession. Lessee shall quit possession of the Premises at the end of the primary term of this Lease or any renewal or extension thereof, and deliver up the Premises to Lessor in as good condi- tion as existed when possession was taken by Les- see, reasonable wear and tear excepted. 11. C e als• Lessee agrees to store properly, col- lect and dispose of all chemicals and chemical residues; to store properly, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all local, state and federal laws and regulations governing the storage, handling or disposal of such chemicals and paints. Lessee further agrees that at no time during the term of this Lease shall any material, fluids, solids or gaseous substances (except aircraft fuel utilized by the Lessee as provided herein) be utilized, stored, disposed of or transported on the Premises which are considered by the Environmental Protection Agency to be a hazard to the health of the general public and that no activity shall be permitted on the Premises that • would produce noxious odors. 12. Signs. During the term of this Lease, Lessee shall have the right, at its own expense, to place in or on the Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, reasonably approved by the • Lessor and in conformance with any overall direc- tional graphics or sign program established by Lessor on the Airport. Lessor's approval shall not be unreasonably withheld. Said signs shall be maintained in good repair throughout the term of this Lease. Notwithstanding any other provision of this Lease, said signs shall remain the property of Page 15 /3 4 e s Lessee. Lessee shall remove, at its expense, all lettering, signs and p.scards so erected on the premises at the expiration of the term of this Lease or extensions thereof. D. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Adminis- tration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or ob- structions to air navigation, obstructions to visibility or inter- ference with any aircraft navigational aid station or device, either airborne or on the ground, then Lessor shall state such vio- lation in writing and deliver written notice to Lessee or Lessee's agent on the Premises, or to the person(s) on the Premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the Premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter on to the Premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the Premises as a result of the corrective action process. Lessor shall submit an invoice to Lessee for the cost of the repairs and Lessee shall pay said invoice within thirty (30) days. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. peaceful enjoyment. That on payment of rent, fees, and • performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Premises and all rights and privileges herein granted. B. Compliance. Lessor warrants and represents that in the establishment, construction and operation of the Airport, that Les- sor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal • Aviation Administration, or any other governmental authority ~e 41 • relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over- flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal takeoff and landing procedures from the Page 16 4 111 • • r Airport. Lessor further warrants and represents that at all times during thri term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this Lease is subject to the following special terms and conditions: i A. Runways and Taxiways. That because of the present 60,000 II pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, takeoff and taxiing, to aircraft having an actual weight, including the weight of its fuel, of 60.000 pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no soliciting part of control, such as an unsolicited or unscheduled or emergency landing. A pattern o` negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. Required Improvements. As part of the consideration for the privilege herein granted, Lessee is required to and hereby agrees to construct or otherwise make improvements to the premises, as specified herein, but not limited to, the following: The construction of an office and hangar facility for storage and maintenance of aircraft. Lessee shall provide Lessor with tentative plans for the development of the. entire Premises together with a proposed ( timetable or schedule for said development. • 1. Plans. Lessee agrees that it shall, within one • • hundred eighty (180) calendar days from September 30, 1996, submit to Lessor for approval detailed plans and specifications for the above-listed initial proposed leasehold improvements. Lessor y agrees that it shall either approve the plans and Page 17 00 i e specifications as submitted, or transmit proposed revisions to Lessee within forty-five (45) calendar days of receipt of the plans and specifications from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty-five (45) calendar days from the date of receipt of the proposed revisions tc resubmit the plans and specifications for Les- sor's approval. Lessee shall commence construction within forty-five (45) calendar days of Lessee's receipt of Lessor's final approval of the plans and specifications, hereinafter referred to as "Ap- proval Date") and the improvements shall be sched- uled for completion not later than two hurdred seventy (270) days after commencement of construc- tion. 2. Additional Requirements- Before commencing the construction of any improvements upon the Premises, Lessee shall submit: (a) Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the Premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure, of the program estab- lished by the Lessor's Master Plan for the Airport. The Master Plan shall be approved by the Lessor and copies shall be on file at the office of the Air- port Manager and the City Secretary. (b) All information required by the City of Denton Subdivision and Land Development Regulations an outline of such requirements is on file in the Planning Department of Lessor. e (c) The estimated cost of such construction No construction may commence until 'essor has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the building or structure. Approval by the Lessor shall not be unreasonably withheld. Should the Lessor fail to deny Les©ee's _ e plans and specifications within sixty days of submission thereof to e e the Lessor, such plans and specifications shall be deemed approved. B. Additional Construction or rmorovements. Lessee is hereby authorized to construct upon the land herein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with Page 18 Z~ , 0 r O I' the operations authorized by this Lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications as specified in Article VIII, Paragraph 2 (Additional Requirements). C. Ownership of ImgroyeMents. All buildings and improvements constructed upon the Premises by Lessee shall remain the property of Lessee, unless said property becomes the property of Lessor under the following conditions, terms, and provisions: 1. Removal of Hangars and/or Buildings. In the event that Lessee should elect to terminate this Lease pursuant to Article XV and remove the building or hangar from the Premises, then in such event, Lessee herein agrees to comply with the following terms and conditions during the hangar or building removal process. (a) Prior to commencing the hangar or building removal process, the Lessee and Lessor shall agree on the best method to remove the build- ing, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (b) The building shall be removed completely from the s-lrface of the concrete slab and up, with the exception of out utility lines. All interior fixtures shell be removed including sinks, commodes, div'.ding walls and all other items or fixtures that would prevent the concrete slab from being as free as possible from all obstructions. (c) Removal of hangars or buildings shall be completed prior to Lessee's designated termi- Y nation date. i (d) The hangar or building slab, the aircraft parking apron, the taxiway, and all the im- provements on the Premises shall remain on the I Premises and shall become the property of the Lessor without costs to Lessor. Ot • O J (e) Lessee shall be responsible for the removal of all refuse and debris from the Premises prior to vacating the Premises. r (f) Lessee shall be responsible for all costs involved in the removal of the hangar or Page 19 INN ILL e • building, including costs of permits or fees. (g) Lessee shall be responsible for any damage caused to any improvements on the Premises during the building or hangar removal process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvement(s) dam- aged by Lessee during the removal of said structures. i 2. Assumption. All buildings and improvements of whatever nature remaining upon the Premises at the end of the primary term, or any extension thereof, of this Lease shall automatically become the prop- J erty of Lessor absolutely in fee without any cost I to Lessor. 3. Building Life. It is agreed that the life of any building to be constructed by Lessee on the Premis- es is twenty-five (25) years. IX. SUBROGATION OF MORTGAGEE Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty-five percent I (85%) of the cost of the capital improvements. Lender's duties and rights are as follows: 1. The Lender shall have the right, in case of de- fault, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of the Les- sor, such approval to not be unreasonably withheld or delayed. Lender's obligations under this Leave as substituted Lessee shall cease upon assignment • to a third party and approval by thi Lessor. 1 precedent to the exercise of the ! 2. As a condition right gr±nted to Lender by this paragraph, Lender shall notify the Lessor of all acticn taken by it in the event payments on such loans shall become delinquent. Lender shall also notify the Lessor, , • in writing, of any change in the identity or ad- O dress of the Lender. 3. All notices of default, as well as all notices required by Article XIV herein (Cancellation by Lessor) to be given by the Lessor to Lessee shall also be given by the Lessor to Lander at the same Page 20 23 ;0 - • i • i i I ~ i i I ' r time and in the same manner, provided the Lessor has been furnished with written notice of Lender's interest and its address. Such notice shall be given to the City Secretary and the Airport Manag- er. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. 4. The Letter of Understanding executed by Lender and Lessee which is attached hereto, is hereby income aorate therein by reference. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Leases, upon the leased ground space for the purpose of pro- viding utility services to, from or across the Airport or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Pre- mises and Lessor shall restore the property to its original con- dition upon the installation of any utility services on, in, over or under any such easement at the conclusion of such construction. Lessee shall not have the right to levy fees or charges for any exercised right of easement by Lessor or Lessor's authorized agent. I XI. SUBLETTING AND ASSIGNMENT OF LEASE A. The Lessee may rent or sublease the Premises for the storage of individual aircraft without prior written consent of the Lessor, but Lessee shall not rent or sublease all or any part of the Premises or the improvements located thereon for any other purpose without the prior written consent of the Lessor, such consent to not be unreasonably withheld or delayed. Any tenant or sublessee shall be subject to the same conditions, obligations and terms a set forth herein. Lessee shall be responsible for the obser"ance by its tenants and sublessees of the terms and covenants of this Lease. It is the intention of the City that the subleases + not be misused as a method to avoid compliance with the minimum 0 standards herein. In the event that the Lessor determines that a sublease is operating an aviation-related business without complying with the minimum standards applicable thereto, the sublease may be terminat- ed in the same manner as provided by Article XIV herein for leases. • B. Lessee expressly covenants that it will not assign this Lease, convey more than forty-ni,ie percent (49l) of the interest in its business, deemed herein to mean the controlling interest in its business, through the sale .)f stock or otherwise, nor suhlat, assign, transfer, nor licence the whole or any part of the said Premises for any purpose, exr;ept for rental of hangar space or tie- down space, without the written consent of the Lessor. Lessor Page 21 • 0 h i . agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for airport related purposes. The provisions of this Lease shall remain binding upon the assignees, if any, or Lessee. XII. INSURANCE A. Lessee shall maintain continuously in effect at all times during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverages: I 1. Comprehensive General Liability insurance covering the Premises, the Lessee, its personnel and its operations on the Airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Lease or erected by the Lessee subse- quent to September 30, 1996. 4. Liability insurance limits shall be in the follow- ing minimum amounts: I Bodily Injury and Property Damage: $1,000,000 combined single limits on a per occur- rence basis. 5. All policies shall name the Lessor as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies. B. During the original or extended term of this Lease, Lessor herein reserves the right to adjust or increase the liability e insurance amounts required of the Lessee, and to require any • • additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Airport in size and in scope of aviation activities, located in the Southwestern region of the Page 22 2J NJ I 1 7 n", 7, • • United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestetn region by the Federal Aviation Administration. C. Lessee herein aorses to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. D. In the event that state law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the Southwestern region of the United States or America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law. %I I I . INDEMNITY l A. Lessee agrees to indemnify and hold harmless Lessor and its agents, employees, and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, members, patrons, visitors, contractors and subcontrac- tors, if any, and/or sublessees, which may arise out of or result from Lessee's occupancy or use of the premises and/or activities conducted in connection with or incidental to this Lease. 8. This indemnity provision extends to any and all such claims, suits, demands, and/or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, judgments, and costs and reasonable attorney's fees and expenses, or any other legal or equitable fora of remedy. This Indemnity Provision shall apply regardless of the nature of the injury or bars alleged, whether for injury or death to persons or damage to property, and whether such claims be alleged at common law, or statutory or constitutional olaias, or otherwise. This indemnity Provision shall apply whether the basis for the claim, suit, demand, and/or action may be attributable in whole or in part to the Lessee, or to any of its agents, representatives, employees, O members, patrons, visitors, contractors, and subcontractors, if any, and/or sublessees, or to anyone directly or indirectly employed by any of them. I C. Further, Lessor assumes no responsibility or liability for harm, injury, or any damaging events which are directly or Page 23 e • indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the Premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contrac- tors and subcontractors, if any, and/or sublessees. 0. It is expressly understood and agreed that the Lessor shall nut be liable or responsible for the negligence of Lessee and/or sublessees, its agents, servants, employees and customers. Lessee further agrees that it shall at all times exercise reason- able precautions for the safety of, and shall be solely responsible for the safety of its agents, representatives, employees, members, patrons, visitors, contractors and subcontractors, if any, and/or sublessees, and other parsons, as well as for the protection of supplies and equipment and the property of Lessee or other persons. B. Lessor and Lessee each agree to give the other party prompt and timely notice of any such Claim made or suit instituted which in any way, directly or indirectly, contingently or other- wise, affects or might affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. XIV. CANCELLATION BY LESSOR All the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the Premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants and condi- tions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies. A. Should Lessee fail to pay the monthly rental amounts • and/or fees prescribed in Article IV hereof, such failure shall constitute a default of this Lease, and Lessor may give written notice to Lessee of Lessee's failure to pay and demand payment in r accordance with the Lease terms. Should Lessee fail to pay the monthly rental amount within twenty (20) days following receipt of written notice from Lessor, then Lessor may terminate this Lease. • B. In the event that Lessee fails to comply with any other • terms, conditions, restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, except that this thirty (30) day period shall be extended for a reasonable period of Page 24 Z~ • • r time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to di'.igent- ly cure the default, then Lessor shall have the right to terminate this Lease. I C. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reason(s): i Lease has reached the termination date of the ginal thirty (30) year term or any extended term .reof. 2. t the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorga- nization act; or if a receiver shall take juris- diction of Lessee and its assets pursuant to pro- ceedings brought under the provisions of any feder- al reorganization act; or if a receiver for Les- see's assets is appointed. k 3. In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. D. The Lessor shall have a lien as security for the rent aforesaid upon all goods, wares, chattels, implements, fixtures, • furniture, tools, and other personal property which are or may be put or caused to be put on the premises by Lessee. E. Upon termination of this Lease, Lessee shall remove all personal property from the Premises within thirty (30) days after said termination. If Lessee fails to remove its personal property as agreed, City may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property • removed at the expense of Lessee. • • F. If Lessor has exercised its option to take title to fixed improvements as provided, Lessee shall repair, at its own e•-pense, any damage resulting from said removal of personal property and shall leave the leased premises in a neat and clean condition with Page 25 Z~ • • ~h all other improvements in place. G. Failure of City to declare this Lease terminated upon the da!ault of Lessee for any of the reasons set out shall not operate to bar, destroy or waive the right of City to cancel this Lease by reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by City for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the City to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms, covenants and conditions hereof to be performed, kept and observed. XV. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of preventing or restraining the use of said airport or any part thereof for airport purposes; (2) tfe breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earth- quake or other casualty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the Premises cannot be used for aviation purposes, then Lessee may cancel this Lease as aforesaid, or may elect to continue this Lease under its terms except however that the use of the Premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XVI. MISCELLANEOUS PROVISIONS • A. Entire Agreement. This Lease constitutes the entire • p - understanding between the parties and as of its effective date ~ supersedes all prior or independent agreements between thb parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Lease Binding on Successors nd Assigns. All covenants, Page 26 Z G~ • • i I agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto, that is both Lessor and Lessee jointly and severally, and their legal representatives, successors or assigns, and/or any grantee or assignees of the Lessor and Lessee. No modification of this Lease shall be binding upon either party unless written and signed by both parties. C. Effect of Condemnation. If the whole or any part of the Premises shall be condemned or taken by eminent domain proceedings by any city, county, state, federal or other authority for any purpose, then the term of this Lease shall cease on the part so taken from the day the possession of that part shall be required for any purpose and the rent shall to paid up to that day, and from that day, Lessee shall have the right to continue in the possession of the remainder of the premises under the terms herein provided, except that the rent shall be adjusted to such amount as the parties hereto shall negotiate; hut, under no circumstances shall the rent be greater than the rental per square foot provided for herein. All damages awarded for such taking of and for any public purpose shall belong to and be the property of Lessor. All damages awarded for such taking structures, improvements or businesses that were constructed by Lessee shall be reflective of their value for the remainder of the Lease term and be awarded to Lessee, the remaining to be awarded to Lessor. D. Severability. If an provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. ! E. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid: • 1. If to Lessor, addressed to: city Manager City of Denton 215 E. McKinney Denton, Texas 76201 • 2. If to Lessee, addressed to: • J Nebrig 5 Associates, Inc. Attn: Mike Nebrig 7515 Lemmon Avenue Dallas, TX 75209 Page 27 3~ a =;n!4 r • Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. F. Headings, The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. G. Governing Law. This Lease is to be construed in accor- dance with the laws of the State of Texas. H. Parking. Lessor reserves the right to restrict and designate parking areas for all surface vehicles on all areas of the Airport, except the Premises. 1. Attorney's Fees. In any action brought by Lessor in which a judgment is awarded in favor of Lessor for the enforcement of the j obligations of tho Lessee, Lessor shall be entitled to recover all costs from leases, including attorney's fees, involved in the enforcement of this Lease. A reciprocal agreement will be enforced on behalf of the Lessee. J. Title Commitment and Survey. Within fifteen (15) days after the Effective date, Lessee may procure a TLTA form current leasehold title commitment (the "Title Commitment") from a title insurance company reasonably acceptable to Lessee (the "Title Company") for the issuance of a leasehold policy of title insurance ("Title Policy") to Lessee from the Title Company, together with good legible copies of all permitted exceptions (the "underlying Documents") and, a survey of the premises (the "Survey''). K. Contingencies. (Rescinded by this First Amended Airport Lease Agreement.) L. Term, The effective date of this Agreement is September 30, 1996. IN WITNESS WHEREOF, the parties have executed this Agreement • as of the day and y-3ar first above written. CITY OF DENTON, LESSOR 'r s BY: _ • TED BENAVIDES, CITY MANAGER Page 28 I S ti • • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: NEBRIG & ASSOCIATES, INC., LESSEE BY: TITLE: ~R1~I0 ATTEST: i~12_ 4e( _eQi ~ / e,4 SECRETARY THE STATE OF TEXAS $ COUNTY OF DENTON S 1997, before me, the n On this day of undersigned Notary Public, personally appeared Ted Benavides, r personally known to me to be the person and officer who executed the within instrument as City Manager of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowl- edged to me that the corporation executed it. • WITNESS my hand and official seal. O O NOTARY PUBLIC, STATE OF TEXAS My commission expires: Page 29 i) 2-- • • • i THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person and officer whose name Is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Re brig i Associates. Inc., a corporation of the State of Texas, and that he executed the same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1997. , NOTARY PUBLIC, STATE OF TEXAS My commission expires: i r . i I Tt\WPDOCS\R\NEBRIOI.R Page 30 33 4 will • • LETTER OF UNDERSTANDING September IL , 1996 Provident Bank 13655 Preston Road Dallas, Texas 75240 Re:. Airport Lease Agreement dated September II e. 1996 (the 1-Lase") by and between the City of Denton (the "City"), as lessor, and Nebrig & Associates, Inc, ("Nebrig"), as lessee k Gentlemen: We understand that you, Provident Bank (the "Lender") are proposing to make a loan to Nebrig in the amount not to exceed 5440,000.00 (the "Loan") for the purpose of constructing certain improvements to the real estate that is the leased premises under the Lease (the "Premises") and connecting taxiways. Notwithstanding anything to the contrary contained in the Lease, this letter shall constitute our agreement and understanding as to the Werpretatiou of the Lease in its application to your rights as Lender. 1. The City hereby consents to the Loan to be secured by a first lien on Nebrig's leasehold interest in the Premises and a first priority security interest in all personal property of Nebrig on the Premises (collectively, such liens and security interest, the "Liens"). 2. The Lease Article NC, Paragraph numbered 2, will be deemed satisfied if the Lender sends to the City a copy of all written communication from the Lender to Nebrig regarding default in the Loan and enforcement of any rights of Lender with respect to the Loan or the Lender's interest in the Premises er other collateral. 3. In the event that the Lease is canceled pursuant to Article XIV or other provisions of the Lease, the City agrees to allow the Lender a period of sixty (60) days following such cancellation (upon the coodition that the Lender pays the City during such period the monthly • rental that would be paysok to the City had the Lease not been canceled), to either (i) assume the rights and obligations of lessee under the Lease in accordance with the Paragraph numbered 1 of Article IX of the Lean, (ii) or, without becoming liable under the Lease, present to the City a replacement lessee, acceptable to the City in its reasonable approval, for the purpose of reinstating the Lease with the replacement lessee or entering into a mplacement lease having the came terms for the balance of the lease term. In any event, the Liens of the Lender would • • • continue unimpaired until fomclosed or released by Lender, so long as monthly rentals are timely paid. 4. The exercise by Lender of its rights to foreclose any collateral interest in the Premises or the property of Nebrig shall not, itself, be a default under the Lease. I _ _ - - eees~w ~ ~ ■ ue~ m • • S. To the extent of any conflict between the terms of this Letter and the terms of the Lease, the City agrees that as to the Lender, Lhe terms of this Letter shall be controlling. 6. This letter is given to assure the Lender as to the interpretation of certain provisions affecting the interest of the Lender; nothing in this Letter is intended to confer or shall confer [ any right or benefit upon Nebrig or any third party other than Lender. If the above accurately reflects our understanding and agreement, plea: ; indicate by signing below and returning a counterpart to the City. Sincerely. City of Denton. Texas Agreed and Accepted this day of September. 1996 Provident Bank By: y~. ,iJyilwt~ 1 Receipt Acknowledged this - day of September, 1996 Nebrig dr Associates. 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Mlmenerene It it • _ • _ 7 '~"~:asepol.r+c er.wa.rln 4 et Ietl 1. i i ATTAG'J•MT D k BEING all tbat certain tract, parcel, or lot of tend out of Lot I, Block I, SOUTHEAST AIRPORT ADDITION, an addition to the City of Demlom, Denton County, Texas according to the plat thereof recorded in Cabinet G, Page 295, Plat Records of Denton Coualy,'rtus and more partkulorly described as follows: COMMENCING at a point for corner that is located South Or 36' 21" West, 915.7 feel, and South 88° 36' 10" East, 226.8 feet from the northwest eormer of the said addition; THENCE South 88° 36' 10" East, passing the west lime of an AccM Drainage and Utility Easement of 116.84 feet; in all 226.22 feet to the PLACE OF BEGINNING; THENCE South M* 36' 10" East a;ong the south Eat of the Access, Drainage and Utility Easement it distance 242 feet to a point forcormer, THENCE leaving the south line of the Access, Drainage and Utility Easemeol, South Of° 23' 50" West, 270 W to a poia1 ror corner THENCE North 88°36' 10" West 242 feet to a point for corotr, THENCE North 010 23' 00" Eul, 270 feet to the PLACE OF BEGINNING and containing 1.5 acres of land more or lem ' 1 r 1 tip' - 39 X 01- ATTACHKOff a BEING all thal certain tract, parcel, or lot of land out of Lot 1, Block 1, SOUTHEAST AIRPORT ADDITION, an addition !o the City of Denton, Denton County, Texas according to the plat Tbereof recorded in Cabinet G, Page 295, Plat Records of Denton County, Texas and more particularly described as 61lown COMMENCING at a point for corner that is ioated South 089 36'21 " Wear, 915.7 feet, and South 889 36' 10" East, 226.8 feet from the northwest comer of The said addition; THENCE South 889 36' 10" East, passing the west tine of an Access, Drainage and Utility Easement at 116.84 feet; in all 468.22 feet to the PLACE OF BEGINNING; THENCE South 889 36' 10" East along the south line of the Access, Drainage and Utility Easement a distance 218.62 feet to a poial for corner, said point being an inner ell comer of said easement; THENCE along a west line of said Access, Drainage and Utility Easement most of The way, South 01923' 50" West, 270 fat to a point forcorner, THENCE North 889 36' 10" West 218.62 feet to a point for corner, THENCE North 019 23' 50" East, 270 feet to the PLACE OF BEGINNING and co.vitaining 1.355 acres of laud more or less. ' r • l • 7" ' • • Agenda Nd,Ea-L-- Agenda Ite _lb----- Date CITY COUNCIL REPORT TO: Mayor and Members of City Council FROM: Ted Benavides, City Manager DATE: February 18, 1997 SUBJECT: Consider adoption of an ordinance annexing and establishing temporary agriculture "A" zoning district classification on a 11,24 acre tract located south of Robinson Road and east of Nowlin Road, (A-74) RECOMMENDATION: Planning and Zoning Commission recommends approval. (6 - 0) SUMMARY: The annexation ordinance included in attachment # l will annex and establish temporary agriculture "A" zoning district classification on a 11.24 acre tract located south of Robinson Road and east of Nowlin Road, being a tract of land in the Berry Merchant Survey, Abstract #800, The tract is shown on site map included in attachment #2. Following a petition from the land owner to annex the subject tract, the City initiated annexation proceedings and the required public notices were published in the Denton Record Chronicle. The owners of the subject tract, Timberglen Company has also peti!ioned the City for the zoning of the tract to residential single family "SF-Y zoning district classification upon the completion of the annexation process. The City will provide municipal services to the site in accordance with a service planwhich is included in the annexation ordinance. no service plan summarizes the city's polkics with regard to the extension of water and waste water services to the site. A map showing existing water and waste water lines at that location is included in attachment #3. • City Charter requires six out of seven affirmative votes of the City Council to approve the annexation ordinance. 7 BACKGROUND, City Council received a report with regard to the proposed annexation on October 22, 1996 and • directed staff to proceed. On N.vember S, 1996, City Council approved a schedule setting the O O dates and times for public hearings (a. a:Irment #4) City Council held a public hearing on December 3 1996 and no one spoke in opposition to the proposed annexation. The Planning and Zoning Commission held a public hearing on December 11, 1996 and voted 6-0 to recommend _pproval. City Council held a second public hearing on December 17, 1996 and _ • • • i again no one spoke in opposition. City Council considered the annexation ordinance (First Reading) on January 7, 1997 and voted 6 - 0 to adopt the ordinance, PROGRAMS DEPARTMENTS OR GROUPS AMA TED: All city service departments including Police, Fire and EMS, Engineering, Utilities, Solid Waste, Parks and Recreation, Library, Planning and Development, Animal Control and Environmental Health. FISCAL, ('11~ PACT: There is no additional cost to the City at least in five to ten years, as infrastructure needs v.ill be addressed by the developer and City departments will extend services using existing budget resources. The tract has a current appraised value of $34,650 allowing for an estimated $183 of tax revenue per year if no development occurs. A fiscal impact calculation using the per capita method, shows that the City will collect a total of $79,656 in tar revenues and expend $62,205 for municipal services with a net gain of $17,451 over a ten year period 1998-2007 if development is implemented as planned.. j 7 RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: Barry N. ersaud, MRTPI, AICP Senior Planner Appro ' ~I Rick Svehla i Deputy City Manager ATTACHNIENTS4 • (1) Annexation ordinance O (2) Site map (3) Map showing existing water and sewer lines (4) Annexation schedule (5) P & Z, Minutes L _ S r _ _ .ti. W Will i i ATTACHMENT 1 NO. AN ORDINANCE OF THE CITY OF DEN'fON, TEXAS ANNEXING A TRACT COMPRISING 11.24 ACRES, LOCATED SOUTH OF ROBINSON ROAD AND EAST OF NOWLIN ROAD; TEMPORARILY CLASSIFYIWG THE ANNEXED PROPERTY AS "A", ACRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to extend its City limits line to include the 11.24 acre tract as described in exhibit A"; and WHEREAS, public hearings were held in the council Chambers on December 3, 1996, and December 17, 1996, (both days being on or after the 40th day but before the 20th day before the date of institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on January 7, 1997; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as requireA by City Charter; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the tract of land described in exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION II: That the service plan attached as exhibit "B" and incorporated by referent-i, which provides for the extension of municipal services to the annexed property, is approved as part of O this ordinance. i SECTION III: That, pursuant to 535-15 (a) of the code of Ordinances of the City of Oenron, Texas, the annexed property is temporarily classified as "A", agricultural district, until permanent zoning is established by the city council. ® SECTION IV: That the City's official zoning map is amended to O O show the temporary "A" agricultural district classification of the property annexed. SE Ti N V; Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its l 3 ' s - • • f • purpose to annex to the city of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION VI: That any person violating any provision of this ordinance relating to the Temporary "A" Agricultural District 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 VII: That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY J ~/J _ A • BY:% I • ~L..r-•.a+.......1.ygIY~J1Yrf}' i 4 . M' ~w ~YN'.{.h 4 . • • "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the County ^f Denton, State of Texas, being part of the Berry Merchant Survey, Abstract Number 800 and being a portion of that 441.7629 acre tract of land described by deed to Oakmont Canadian Land Partners, Ltd., as recorded in Denton County Clerk's File Number 94-R0003975 of the Real Property Records of Denton County, Texas and being more particularly described ns follows: COMMENCING at a point for the southwest comer of Robinson Road (80' ROW) dedicated to the City of Corinth, Denton County, Texas by plat recorded in Cabinet E, Slide 278 of the Plat Records of Denton County, Texas and the most easterly northwest corner of the before mentioned 441.7629 acre tract; THENCE South 03° 39'46" West with a west line of said 441.7629 acre tract a distance of 1275.48 feet to a point for corner; THENCE South 03` 05' 30" West-with a weet line of said 441.7629 acre tract a distance of 176.33 feet to a point for corner, said point lying on the Denton-Corinth Agreement line and said point lying on the p1 tsent Denton City limit line established by Ordinance 74-46; THENCE North 86° 55' 29" West a distance of 10 feet to the POINT OF BEGINNING, said point lying on the present Denton City limit line established by Ordinance 78.28, Exhibit "C"; THENCE South 03° 44' 15" West along said present Denton City limit line (Ordinance 78-28, Exhibit "C") a distance of 719.41 feet to a point for comer, said point also being the most northerly northeast corner of a tract annexed by the City of Denton by Ordinance 85-30; THENCE North 86° 55' 29" West along the north line of said annexation (Ordinance 85.30) a distance of 680.54 feet to a point for corner; THENCE North 03° 44' 15' West with a westerly line of the said 441.7629 acre tract a distance of 719.41 feet to a point for corner; THENCE South 86° : 5'29" East with a northerly line of said 441.7629 acre tract a distance of 680.54 feet to the POINT OF BEGINNING and containing 11.24 acres of • land. O • J a ne l %pd 11-14.96 5 • Exhibit "B" SERVICE FLAN (A-74) CASE, N: A-74 AREA: 11.24 acres LOCATION: South of Robinson Road and East of Nowlin Road B. Police Services 1. Patro ling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire protection and Emergency Medical Services {EMS} 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area, the same level of fire mod emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. WaterlWastewaler Services Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Section 31-118 of the Denton Code of Ordinances. • Developers shall pay the actual cos; Jall water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land Development Regulations. The City may participate in the cost to oversize water and sewer rains subject • to fund availability and approval of the City Couccil. O O Where water or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursek.tent of the cost of such facilities from pro-rata ._,arges paid by persons connecting to or using such facilities to serve their property, according i l to the Subdivision and Land Development Regulations. D. Solid Waste Collection 1. Solid waste collection will be provided to the property at the same level of service as available to comparable areas witbin the City, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be providcS to this property in accordance with then current policies of the City as to frequency, charges and so forth. E. 'jlrWs and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property- beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in the annexed area an the effective date of snnexation using the standards and level of service as currently applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. a. Traffic signals, signage and other traffic control devices will be installed as the need therefor is established by appropriate study and traffic shiadards. 5. Street and road lighting will be installed in the substantially developed areas in 1 accordance NOh the established policies of the City. F. Environmental Health and Code 1; Qrcement Services e . 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and , ® regulations -rill be enforced through the use of existing personnel. 1 0 h J 2 7 0 • • 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. I 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. d. All Inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. S. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the City. G. Plannine and~gQpment Services The zoning jurisdiction of the City, will extend to the annexed area on the effective date of annexation. The tract is to be temporarily zonal Agriculture (A) zoning district classification at the time of annexation. If. Parks and Recreation Services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now, used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. 1 1. Electrical Distribution • Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. J. Afisccllaneous 1. Street names and signs will be installed, if required, approximately six (6) • months after the effective date of annexation. • • 3 S • r i 2. Residents of the newly annexed area may use all publicly owned facilities, { buildings or services within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. K. Capital Improvements Program (CM The CIP of the City Is prioritized by such policy guidelines as: 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness o[ providing a specific facility or service. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This tract will be considered according to the same established criteria as all other areas of the City. • 4 fi ,v t • • Proposed Annexation h i' ATTACHMENT 2 1 ur, r -q trt ♦1- . t .1 IT— lee `t ~ ' `YY~ I •~J r EVA - foot Ii is ETJ 'A-74 !SITE City of Cori n- L ! ET) I 10 of strlp in ci Ilmlts 10 -ln'c waAWa~~~~~ Shaded area: Inside city limits ~p PM W c ' v • Map Showing Existing Water line Sewer line water and Sewer lines Force main Indicates end of water line < p' , ATTACHMENT 3 K" 7 sew it 1 y►i a . Srri1 v t',.' \ - 40k .q ~OB OM ROAD o t,' ~'d • ti ETJ lr,l r.rr• ~OZ,r~, < - 8 ater 11 IPA, - SITE ~I L' II: r AW - , _ r ETJ ; tr1 t , . t *jet • O 8 F11 111 _ I • • ATTACHMENT #4 ANNEXATION SCHEDULE-Ala October 22, 1996 City Council receives a report and give direction to staff with regard to the proposed annexation. November 5, 1996 City Council considers approval of a schedule for public hearings. November 22. 1996 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared. December 3, 1996 City Council holds first public hearing. December 6, 1996 Noti°e published in Denton Record Chronicle for second public hearing. December 11, 1996 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council with regard to the proposed annexation. December 17, 1996 City Council holds second public hearing. January 7, 1997 City Council institutes annexation. First Reading of annexation ordinance. January 10, 1996 Publication of Annexation ordinance in Denton Record Chronicle. February 18, 1997 Final action by City Council. Second Reading and adoption of the annexation ordinance. Meetings in bold require 6 out of 7 votes at City Council • V • 0 1z k • ago • • P&Z Minutes ATTACHMENT S December, 11, 1996 Page 18 Mr. Jones: 1 have the same concern about traffic. Unfortunately the only way to get relief on these farm to market roads is to river build it before you can get any relief. Ms. Schertz: Any further comments? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) Five minute break at 8:45 p.m. Ellen Schertz left at 8:50 p.m. Barbara Russell retumed to chambers at 8:55 p.m. Reconvened at 8:55 p.m. XI. Hold a public hearing and consider making a recommendation to the City Council with regard to the proposed annexation of 11.40 acres located south of Robinson Road and east of Nowlin Road. (A-74) Ms. Russell opened the public hearing. Mr. Per~aud: This tract land is located south of Robinson Road and east of Nowlin. The owner of the tract have applied to the city requesting annexation. The objective is to develop this tract for single family homes starting sometime next year. Ms. Russell: Would the petitioner care to speak. M:. Arry Homoly: My name is Amy Homoly and i am with Post, Buckley, Schuh, and lemigan, Inc. and our address is 5999 Summerside Drive in Dallas. I am here to represent the applicant and answer any questions that you might have. Ms. Russell: Is there anyone to speak in favor? Is there anyone to speak in opposition? We will close the public hearing. Mr. Persaud: We had a public hearing before the City Council and no one spoke In opposition. Staff is seeking a recommendation for the Commission so we can return to Council for the second public • hearing. i Mr. Cochran: I move we recommend to City Council approval of the proposed annexation of 11.40 acres south of Robinson Road, east of Nowlin Road. • Mr. Jones: Second. % 0 O Ms. Russell: Any discussion? Ali in favor please raise your right hand. Opposed same sign. Approved. (6-0) i XII. Spring Hill Estates. The 110.3 acre site is located on the south side of US 380, directly east of the AT&SF railroad tracks and FM 156. 13 r • • Agenda No. 1-gyp Agenda Item -/-,7 7 Date -1~7L~T February 18, 1997 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ted BenaNides, City Manager SUBJECT: CONSIDER ADOPTION OF A WASTEWATER ORDINANCE FOR THE SALE OF COMPOST AND WOOD ,'MULCH RECOMMENDATION: The Public Utilities Board and Staff at their meeting of November 20, 1996, recommended the approval of the proposed rate ordinance for the sale of compost and wood mulch produced by the Water Reclamation Division. The PUB recommends that 500/6 of the volume of the compost be sent out for bidding and the remaining 50°/, of the volume be sold at $20 per cubic yard to the general public. SUMMARY: The Water Reclamation Division has successfully completed the development of the composting facility and is consistently producing Class A compost in compliance with TNRCC permit criteria for the marketing and distribution of biosolids. The Division has participated in several demonstration projects and conducted numerous tours of our compost facility for interested groups. The results of our current efforts have generated a great deal of interest in the purchase of compost and wood mulch. BACKGROUND: The Water Reclamation Division is currently composting approximately 5,500 cubic yards of pressed biosolids per year. At the internal landfill rate of $6.00 per cubic yard, disposal costs for the Division would be $33,000 per year. Collection cost for the biosolids is estimated at S12,000. • The Division is interested in marketing the compost and wood mulch products and is recommending the fee schedule in Exhibit I as the pricing structure for the compost and wood mulch. The Division will produce approximately 12,000 cubic yards of screened i compost and 6,000 cubic yards of wood mulch for FY97. AGENCIES AFFECTED: • • • Citizens of Denton and City of Denton Wastewater Department. r, • • Page 2 FISCAL IMPACT: The compost operation and maintenance for 1997 is projected at $147,780. Equipment and facility capital expense adds $19,500 and 555,000 respectively. Total cost in 1997 is 5250,000 with grinding expense totaling 587,944. Based on the anticipated volumes of the two products, the average costs of production are $20.00 per cubic yard for compost and $10.00 per cubic yard for wood mulch. (See attached Rate Ordinance Exhibit I), Based on 50% of retail product volumes, revenues are expected to be approximately 5150,000/yr. Wholesale revenues from the product bids are unknown at this time. Respectfully submitted, Ted Benav?des City Manager Prepared by: Howard Martin, Director Environmental Operations Approved by: r R. E. Nelson, Exec uti Director, Utilities • , • • I Exhibit 1: Rate Ordinance 14 2 0 • r - J %WPL0M0RD\ Ca4P0ST.0RD t ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON PROVIDING FOR THE ESTABLISHMENT OF THE SCHEDULE OF COMPOST AND WOOD MULCH RATES IN CONNECTION WITH THE SALE BY THE WATER RECLAMATION DIVISION OF THE WASTEWATEP DEPARTMENT OF THE CITY OF DENTON TO THE GENERAL PUBLIC OF COMPOST AND WOOD MULCH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN, EFFECTIVE DATE. WHEREAS, the Water Reclamation Division of the City of Denton has successfully completed the development of the composting facility and is consistently producing Class A compost in compli- ance with Texas Natural Resource Conservation Commission permit criteria for the marketing and distribution of biosolids, and; WHEXIAS, the Water Reclamation Division of the Wastewater Department of the City has noted that there has been significant interest. shown by the public regarding the purchase of compost and wood mulch, and; WHEREAS, the City is interested in marketing said compost and wood mulch products to the public, and WHEREAS, the Public Utilities Board of the City of Denton at its November 20, 1996 meeting considered the proposed rate ordinance for the sale of compost and wood mulch produced by the Water Reclamation Division to the general public, and recommended the approval of the attached rate Schedule CWMI NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF&,CION I. That the Rate Schedule for the sale of compost and wood mulch by the City of Denton, as authorized by Sections 12.01 and 12.01 of Article XII of the Charter of the City of Denton are hereby established as follows: f COMPOST AND WOOD MULCH SCHEDULE CWM COMPOST AND WOOD MULCH 2 • ` 0 0 3 air, F31- • s SCHEDULE CWII COMPOST AND WOOD MULCH SCHEDULE (Effective 03/01/97) BQPLICATION Applicable to any and all customers, whether residential, commer- cial or wholesale, who elect to acquire the City of Denton Compost and/or Wood Mulch for their use. The City of Denton reserves the right to restrict or limit the sale of compost or wood mulch to any customer at any time. UU Compost and Wood Mulch will be sold by volume on a cubic yardage basis, and are to be purchased in cubic yardage increments. Quantities will not be sold in volumes other than full cubic yards. A. Compost Per Cubic Yard $20.00 B. Wood Mulch Per Cubic Yard $10.00 PRODUCT AVAILABILITY The City of Denton produces compost and wood mulch throughout the year in varying limited quantities. The City of Denton does not guarantee the availability of either product, and expressly reserves the right to restrict the sale of either product based upon available volumes. TYPE OF SERVICE Compost &A Wood Mulch may be purchased on Wednesdays or Saturdays, exclusive of legal holidays, at the Pecan Creek Water Reclamation Plant, located at 1100 Mayhill Road, Denton, Texas, during the ! hours of 8:00 AM - 5:00 PM. All compost and wood mulch sold will be sold in bulk, and will not be bagged or otherwise packaged. No product deliveries will be made to any customer's site location at " this time. WHUESALE PURCHASES • All compost or wood mulch purchased wholesale, for resale to the ! • ! public, is to be identified as a City of Denton manufactured product. The wholesale purchaser must provide the City of Denton selling price information to the retail customer if it is request- ed. I Page 2 • r i PAYMENT All customers will be required to provide payment at the City of Denton Customer Service Department, located at 215 East McKinney, Denton, Texas, prior to receiviiq any compost or wood mulch. Upon submission of payment receipt at the City of Der:on Water Reclama- tion Plant Office, the purchased product will be provided to the custc,mer. O . • 1, ~ • 0 i Page 3 -I low • • SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions aespite any such invalidity. SECTION IIi. That this ordinance shall become effective for the sale of compost and wood mulch by the Water Reclamation Division of the Wastewater Department of the City of Denton on or after March 1, 1997; and a copy of said rates shall be maintained on file in the Office. of the City Secretary. 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 v 0 Page 4 e • Apeuda No..~1-~ Agenda Ile DaIP (817) 566-8360 • DFW METRO 434.2529 CITY OF DENTON., TEXAS C$ YHALL WEST • 221 N. ELM • DENTON, TEXAS 76201 Buildirid ln.41v on City Council Report TO: Mayor and Members of the City Council FROM: Jackie Doyle, Building Off ial CYP Ross Chadwick, Fire Chiev(_ THRU: Ted Benavides, City Manager DATE: February 3, 1997 SUBJECT: Proposed Adoption of the 1994 Edition of the Uniform Building Code With Local Amendments Recommendation: The building code board, building inspection division and fire department recommends that the 1994 edition of the Uniform Building Code as amended locally be adopted. Summary: The 1994 edition of the Uniform Building Code has been extensively reviewed over a considerable period of time by the building code board, building inspection division and the fire department. The current ordinance was also reviewed to determine which parts should be retained or deleted. Fire Chief Chadwick has met several times with chamber of commerce representatives to discuss fire sprinkler requirements and with the airport advisory board to discuss hangar sprinkler requirements. • The airport board has also talked with fire officials from Addison end Farmers Branch to discuss N.F.P.A. Standard 469. The N.F.P.A. standard covers fire protection for aircraft hangers. It is my understanding that the airport board would prefer to use this standard so it has been included in the proposed ordinance. The 194 edition of the U.B.C. is quite different than the '91 edition which we currently use. However, the differences do not substantially chan3e code requirements. The primary changes • • involve code formr,t. Chapter and section numbering is totally different and '.n previous code editions office, retail, manufacturing and storage occupancies were all listed as Group B occupancies. In the 194 U.H.C. some of the former Group B "D:ldrnited is (duality .C rLicc" f• • • occupancies have v4 been assigned their own occupancy groups i.e. F, M, and S. The proposed ordinance includes sixty-six (66) amendments, deletions and additions as compared to thirty-four (34) in the current ordinance. Of the sixty-six (66) items, more than half include items which are in the current ordinance and deletions from the '94 U.B.C. The remainder of the sixty-six (66) items are new requirements or changes to code sections. I will try and explain the new and changed items below: No. (61, page 2 is a new required exterior wall insulation inspection which the board felt should be included. This is an inspection which in the past has been made in conjunction with other inspections and not a requested inspection. No. (8), pages 2 & 3 has added a sentence which makes it a violation for one and two family dwellings to be occupied before final inspections have been made and approved. This is an unsafe practice and therefore should not be permitted. No. (14), page 6 requires that residential dwelling units which do not have smoke detectors install them when repairs, alterations and additions are made which exceed a cost of $1,000 and requires a permit. The exception which is proposed to be deleted, exempted I repairs and alterations to the exterior of units. The board feels that the need for smoke detectors in dwellings is so important that the exception should be deleted. No.(24), page 8. This item eliminates the requirement for fir e dampers in duct work which penetrates fire rated corridor walls, ceilings and floors in specific assembly, office, retail, manufacturing and storage occupancies which are provided with approved sprinkler systems throughout. This was a "trade-off" which was provided when the current sprinkler requirements were adopted. The change in this item limits the exemption to buildings not exceeding three (3) stories in height. The building code board, building inspection division and fire department support this change. No. (30), 1, page 9 adds a three story limitation to the current • 10,000 square feet limitation on noncombustible buildings before sprinklers are required. The board, building inspection division and fire department believe that sprinkler systems should be installed in buildings of four (4) or more stories in height. No. (30) 2, page 9. The three story limitation in the item immediately above would also apply to buildings of combustible • construction which exceed 7,500 square feet of floor area. The other change in this item is an increase in floor area from the • • current 5,000 square feet to 7,500 square feet. No. (30) 3, page 10 requires sprinkler protection for rubbish and linen chutes and in their terminal rooms. This has been a U.B.C. a f 3, s • requirement since at least 1970. However, it was not included in the code when the current sprinkler requirements were adopted. The board, building inspection division and fire department believe that for safety reasons this requirement should be included. No. (30) 4 & 5, page 10. These items require sprinklers in rooms where nitrate film is stored or handled and in combustible fiber storage vaults. These have been U.B.C. requirements since 1973 but were not included in the code when the current sprinkler requirements were adopted. The board, building inspection and fire department believe that for safety reasons these requirements should be included. No. (30) 6, page 10, This item is new in the '94 U.B.C. and requires that buildings having a floor level with an occupant load of 30 or more that is 55 feet or more above the lowest level of fire department vehicle access be sprinkled. There are three (3) exceptions listed. The board, building inspection and fire ; department believe that for safety reasons these requirements should be included. No. (30) 7, page 10. This item requires sprinklers in rooms used for the consumption of alcoholic beverages when the room and unseparated accessory areas exceeds 5,000 square feet. Again, this has been a U.B.C. requirement since at least 1982 but was not included in the code when the current sprinkler requirements were adopted. The board, building inspection and fire department believe that for safety reasons these requirements should be included. i No. (30) 10, page 10. This item is new in the 194 U.B.C. and requires sprinklers in every building containing a multi-theatre complex. The board, building inspection and fire department believe that for safety reasons these requirements should be included. No. (30) 11, pages 10 & 11. This item requires sprinklers in certain amusement buildings both temporary and permanent where exits are not apparent, are disguised or not readily available due to the method of transportation through the building or structure. These types of amusement buildings would most often be found at • amusement parks and carnivals. This requirement came about as a result of fire fatalities in such buildings. r No. (30) 12, page 11 requires that all stages be sprinklered with two exceptions: 1. Sprinklers are not required for stages 1,000 square feet or less in area and 50 feet or less in height where curtains, scenery or other combustible hangings are not • retractable vertically. Combustible hangings shall be limited to • • a single main curtain, borders, legs and a single backdrop. 2. Under stage areas less than four (4) feet in clear height used exclusively for chair or table storage and lined on the inside with 5/8-inch Type X gypsum wallboard or an approved equal. This is another long time requirement of the U.B.C. which was not included 3 • • w when the current sprinkler requirements were adopted. No. (30) 13, page 11. The change to this item concerns Group H, Division 4, vehicle repair garages. The current ordinance requires that these occupancies be sprinklered when more than one story in height. In 1985, the requirement for sprinklers was changed to repair garages exceeding 3,000 square feet in area instead of over one story in height. Since 2 story vehicle repair garages are rare, we believe the +3,000 square feet limit is more appropriate. No. (30) 14, page 11. This item eliminates the current sprinkler requirements for aircraft hangers and applies such requirements as are indicated in N.F.P.A. Standard 409. The fire chief and fire personnel from Addison and Farmers Branch have met and discussed with the airport advisory board N.F.P.A. 409. The airport board has expressed a des'.re to use N.F.P.A. 409 instead of current requirements. No. (30) 16, page 12. This is a change in current sprinkler requirements for jails which permits the use of dry systems operated by a manual valve installed at a continuously monitored location. No. (30) 19, page 12. This section requires that sprinklers be installed in enclosed usable space below or over a stairway in a school. No. (46), page 15 specifies the type of sprinkler heads required in hotels and apartment buildings. Nos. (52), (53) and (54), page 16. These items concern exit corridors and doors and other openings into such corridors. The U.B.C. requires that some exit corridors be of fire rated construction. Doors, windows and fixed glass in such corridors are also required to be fire rated. When current sprinkler I requirements were adopted, the above requirements were deleted in certain occupancies provided such occupancies are fully sprinklered. The board, building inspection and the fire department believe these "trade-offs" should be limited to • buildings of not more than three (3) stories in height. In highrise buildings, it is important that exit corridors be protected as indicated in the U.B.C. No. (57) i, page 17. The board believes that the SEER (energy efficiency) rating of cooling equipment in apartments and hotels should be increased from the current 9 to 10. ti • Back4roundr_ • 0 The building code board, building inspection division and the fire department have reviewed the 1994 U.H.C. and the proposed ordinance. In addition, fire chief Chadwick has met with i • • r representatives of the Chamber of Commerce and with the airport advisory board regarding their concerns. Programs Departments or Groups Affected- Building inspection division, fire department, building contractors and fire sprinkler contractors. c t I 1 i s • • . ,.,1 s0 .11I-N41:.+^'%.1 .F ~t:.w7. ":M1T:4IJA.r,`R T.±ahw,.vC.'z Mn.Y suIC'i»wtna r RD CITY OF DENTON, TEXAS MUNICIPAL BUILDING " DENTON TEXAS 76201 1i.. EPHONE (817) 566-8307 Office of the City Manager MEMORANDUM TO: Ted Benavides, City Manager , FROM: Rick Svehla, Deputy City Manager DATE: January 17, 1997 SUBJECT: Changes to the Uniform Building Code Attached is a memo from Jackie Doyle describing the changes to the Uniform Building Coda In addition to the normal review of the Building Code, Ross Chadwick also had discussions with the Airport Board and representatives from the Chamber of Commerce about the sprinkler system requirements. It is my understanding that those changes have also been included in the review and recommendation from the Building Code Board. We are proposing to come to the Council February 4th with an ordinance to adopt the code with all of the changes that Jackie has indicated. If there are any concemq from the Council, we would suggest placing this on a study session on the 28th. However, in the past Crttncil has strictly relied on the recommendation of the Board and, in this case, the Fire Chief. ile think there is agreement from the Board and from Ross' contacts with the Chamber and other builders. We will send out letters notifying them that Council will be considering this on the 4th unless the Council tells us they creed other information or wishes to delay. Please advise us as to Council's wishes. i Ri Svehla Deputy City Manager i RS:ct - • AMMOD974 • • Attachments cc: Mayor and Members of the City Council tP ; •Dediewed io Quality Strrkt" d • ~ww.N'rtYZy.II 14 t • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 28, SECTIONS 27 AND 28, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; ADOPTING THE 1994 UNIFORM BUILDING CODE WITH CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS) iERETO;PROVIDINGirORASEVERABILITYCLAUSE j AND REPEALING CLAUSE; PROVIDING FOR A MAXIMUM PENALTY AS PROVIDED IN SECTION 1-12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 28.27 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 28-27. Adoption of building code. The Uniform Building Code, 1994 Edition, Volumes 1, 2, and 3, as published by the International Conference of Building Officials, a copy of which shall be filed in the office of the city secretary and available for public inspection, is hereby adopted and designated as the building code of the city, the same as though that edition of such code were copied at length herein, subject to the deletions and amendments enumerated in section 28.28. SECTION I1, That Section 28-28 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec. 28-28. Deletions and amendments. The building code adopted by Section 28.27 is amended as follows: (l) Section 105, Board of Appeals. Section 105 is deleted. (2) Section 106 1, Permits Required. Section 106.1 is amended to read as follows: Except as specified in subsection 106.2 of this section, no building or structure / regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a permit for each building or structure has first been obtained from the building official. A single • building permit may be issued for all buildings within an apartment complex. A 9 separate electrical, plumbing, mechanical and one (1) driveway approach permit shall not be required when a building permit for a new one- or two- family dwelling of four thousand five hundred ninety-nine (4,599) square feet or less in floor area or for an apartment complex is issued. Individual building, electrical, plumbing and mechanical permits are required for additions, remodels and repairs to one- and two- family dwellings and apartment buildings. Mai s • i (3) Section 107.2, Permit Fees. Section 107.2 is amended to read as follows: E The fee for each permit except for apartment buildings shall be as set forth in Table Nos. 1-A and I-B as set forth in section 28.28 (9) and (10) of the Code of Ordinances. For each mule-family building, the permit fe- shall be determined by multiplying the total floor aria of each building, as defined in the Uniform Building Code by 11.4088 cents per square foot. (4) Section 107,3, Plan Review Fees. Section 107.3 is amended to read as follows: For Group R, Division 3, Occupancies, the plan review fee shall be ten (10) percent of the building permit fee as shown in Table I-B. For all other occupancies, the plan review fee shall be equal to fifty (50) percent of the building permit fee as shown in Table 1-A. (5) Section 107.6, Fee Refunds. The third paragraph of Section 107.6 is amended to read as follows: The building official may authorize a refund of up to one hundred percent of the r` plan review fee review fee paid, provided that the application for a permit is withdrawn or canceled before plan review is completed. (6) Section 108.5.4.1, Wall Insulation Inspection is added to read as follows: Applicant shall permit inspection of insulation installed in exterior walls prior to concealing insulation, (7) Section 108.8, Reinspeetions. The fourth paragraph of section 108.8 is amended to read as follows: To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in • the fee schedule titled, "Other Inspections and Fees," section 28-28 (9)b, of the Code of Ordinances, and then request an inspection in the manner prescribed by the building official. (8) Section 1119,1, Use and Occupancy. Section 109.1 is amended to read as follows: ® Section 109.1, Use and Occupancy. No person may occupy any building or structure, and no change in use, tenancy or occupancy classification of a building or • 0 portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. A new certificate of occupancy shall also be required when a change of ownership of an operating business occurs. The new 1 owner may continue to operate the business until the new certificate of occupancy I PAGE 2 1. . ~ F s • { i I is issued. Upon inspection by the building official or his or her designee, the owner shall make any necessary repairs within a time period determined by the building official to be reasonable. Exception: 1. Group R, Division 3 and Group U Occupancies. Any person, firm or corporation to whom a building permit is issued for the construction of a new Group R, Division 3 Occupancy commits a violation of this ordinance if the building is occupied prior to completion of all required final inspections and approvals. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances. Certificates presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the City shall not be valid, (9) Table No. l-A, Building Permit Fees. Table l-A is amended to read as follows: TABLE 1-A Permit Fees for Nonresidential Buildings and Additions and Repairs to Residential Buildings a. Total Valuation Fee $1 to $500 $5 $501 to $2,000 $5 for the first $500, plus $1 for each additional $100 or fraction thereof, to and including $2,000. $2,001 to $25,000 $20 for the first $2,000, plus $4 for each additional $1,000 or fraction thereof, to and including $25,000. • $25,001 to $50,000 $112 for the first $25,000, plus $3 for each additional $1,000 or fraction thereof, to and including $50,000. $50,001 to $100,000 $187 for the first $50,000, plus $2 for each additional $1,000 or fraction thereof, to and 111 • including $100,000. • O $100,001 to $500,000 $287 for the first $100,000, plus $1.50 for each additional $1,000 or fraction thereof, to and including $500,000. PAGE 3 9 r, • • . r - i f ' i $500,001 and up $887 for the first $500,000, plus $1 for each additional $1,000 or fraction thereof. To establish building permit fees for all new construction and additions, other than new one- and two- family dwellings of four thousand five h•_ndred ninety-nine (4,599) square feet or less in floor area and multi-family dwellings, multiply eleven dollars ($11.00) by the total square footage under roof, enter that valuation into Table No. 1- A and multiply the results by 1.50. To establish building permit fees for all alterations, fire damage, repairs, remodeling, and accessory buildings, multiply six dollars fifty cents ($6.50) by the total square footage, enter that valuation into the above schedule and multiply the result by 1.50. b. Other Inspections and Fees: (1) Inspections requested and performed before or after normal working hours (minimum charge of one (1) hour), per hour . $15.00* (2) Reinspection fee assessed under the provisions of Section 108.8 each $15.00* (3) inspections for which no fee is specifically indicated (minimum charge of one- half hour) per hour $15.00* (4) Certificate of occupancy inspection for other than new buildings, each $18.00* (5) Issuance of certificate of occupancy for new buildings excluding Group R, Division 3 Occupancies $10.000 (6) Re-roofing of any building $20.004 • (7) For use of outside consultants for plan checking and inspections, or both Actual Costs** *Or the total hourly cost to the city, whichever is the greatest. This cost shall include supervision, overhead, equipment and hourly wages of the employees • involved. • • r **Actual Costs include administrative and overhead costs. PAGE 4 <'0 r, 77 • • s (10) Table No. 1-8, Permit Fee Schedule for New One- and Two- Family Lhsellings. Table No. 1-13 is created to read as follows: TABLE I-B Permit Fec Schedule for New One- and Two-Family Dwellings Each half of a two-family dwelling shall be treated as a separate building for the purpose of determining permit fees: { Total Total jl Square Ft. Square Ft. J Under Roof Fee Under Roof Fee 0-1272 $255.30 2600-2636 $358.76 1273.1299 261.30 2637-2699 363.26 1300-1363 265.44 2700-2727 363.26 1364-1399 271.44 2728.2799 367.76 1400-1455 274.58 2800-2818 367.76 1456-1544 280.58 2819-2899 372.26 1545-1636 286.58 2900-2909 375.94 1637-1727 292.58 2910-2999 380.44 1728-1799 298.58 3000 380.68 1800-1818 301.02 3001-3090 385.18 1819-1899 307.02 3091-3099 389.68 1900.1909 307.29 3100-3181 395.28 1910-1999 313.29 3182-3199 399.78 2000 313.63 3200-3272 403.10 2001-2090 319.63 3273.3299 407.60 2091-2099 325.63 3300-3363 411.17 2100-2181 326.42 3364.3399 415.67 2182-2199 332.42 3400-3454 417.65 • 2200-2272 333.74 3455-1499 422.15 2273-2299 338.24 3500-3545 426.62 2300-2363 339.11 3546-3599 431.12 2364-2399 343.22 3600-3636 436.36 2400-2454 346.36 3637.3699 440.86 2455-2499 350.86 3700-3727 446.05 • 2500-2545 353.21 3728-3818 450.55 • • 2546-2599 357.71 3819-3909 455.05 39104000 459.55 42734363 487.55 4001-4090 463.05 4364.4454 492.05 4091-4199 478.55 4455-4545 496.50 PAGE 5 •c :---'r'- - 0 • • I I I I Total Total Square Ft. Square Ft. Under Roof Fee Under Roof Fee 4200-4272 483.05 4546-4599 499.55 (11) Section 301.4, Fire Ratings for Occupancy Separations, Exception Item (3). Section 302.4 Exception Item (3) is amended to read as follows: 3. In the one-hour occupancy separation between a Group R, Division 3 and Group U Occupancies, the separation may be limited to the installation of not less than one-half inch thick gypsum board construction on the garage side and a weather-stripped door will be permitted in lieu of a one-hour fire assembly. Fire dampers shall not be required in ducts piercing this separation for ducts constructed of not less than No. 26 gauge galvanized steel. (12) Section 303.1.3, Amusement Buildings. Section 303.1.3 is amended to read as follows: Section 303.1.3 Amusement buildingr.. `.musement buildings shall conform with the requirements of this code for this occupancy classification in addition to the provisions set forth in Section 408, 904.2.3.6 and 1013.6. Exception: Amusement buildings or portions thereof which are without walls or a roof and constructed to prevent the accumulation of smoke in assembly areas. (13) Section 30711.3, Exit corridors. Section 307.11.3, Exception Part 3 is amended to read as follows: 3. Sprinkler protection shall be designed in accordance with the latest edition of N.F.P.A. Standard 13 for Ordinary Hazard Group 2. • (14) Section 310.9.1.2, Additions Alterations or Repairs to Group R Occupancies, ~ Section 310.9.1.2 is amended by deleting the Exception. (15) Seaton 403.2.1, System Design. Section 403.2.1 is amended changing the first sentence to read as follows: O • The automatic sprinkler system shall be provided throughout the building as O specified by the latest edition of N.F.P.A. Standard 13 for Group B office buildings. Group R, Division 1 buildings may use either N.F.P.A. Standard 13 or N.F.P.A. Standard 13R. PAGE 6 r • 0 7 7 s • (16) Section 404.3. 1, Automatic Sprinkler Systems. Section 404.3.1 is amended by l changing the first sentence to read as follows: The covered mall building shall be provided with an automatic sprinkler system conforming to the provisions of the latest edition of N.F.P.A. Standard 13. (17) Section 405.1.1, Standards of Quad y. Section 405.1.1, Part 2 is amended to read as follows: 2. N.F.P.A. Standard 13. (18) Section 503.2.1, General. Section 503.2.1 is amended by changing the last sentence of the first paragraph to read as follows: The above provisions shall riot apply to walls at right angles to the property line, or to Group A, Division 3 or 4 and Groups B, F, M, S and R Occupancies which are equipped throughout with approved automatic fire sprinkler systems and are at least ten (10) feet from property lines. (19) Section 505.3, Automatic Sprinkler Systems. Section 505.3 Part 2 is amended to read as follows: 2. Section 28-28(30) 13 of the Code of Ordinances for Group H, Division 1 and 2 Occupancies. (20) Section 506, Maximum Height of Buildings and Increases. Section 506, Parts 1 and 5, are amended to read as follows: 1 1. Section 28-28(30) 13 and 15 of the Code of Ordinances for Group H, Divisions 1, 2, 3, 6 and 7 Occupancies. 5. Section 28-28(30) 16 of the Code of Ordinances for Group I, Divisions I. I. and 1.2 Occupancies used as hospitals, nursing homes or health care centers in Type 11, One Hour, Type 111, One Hour, Type IV or Type V, One Hour construction. J PAGE I `.r.. ...~n._.r.. -..~.i 1 . . ...J W .4r f. 1.. 1 • • 'f (21) Section 708.3.1.2.1, Two of more dwelling units and hotels. Section 708.3.1.2.1, Exception 2 is amended to read as follows: 2. Draft stops may be omitted in combustible attic space in Group R, Division I Occupancies which are equipped with an approved automatic sprinkler system throughout. (22) Section 708.3.1.2.2, Other uses. Section 708.3.1.2.2., Exception is amended to read as follows: EXCEPTION: Draft stops may be omitted in combustible attic space in Group A, Divisions 3 and 4 and Groups B, F, M, and S, which are equipped with an approved automatic sprinkler system throughout. (23) Section 711.5. Rubbish and Linen Chute Termination Roorns. The last sentence of Section 711.5 is amended to read as follows: For sprinklers, see Section 904.2.1. (24) Section 713.11, Fire Dampers. Section 713.11, Part 2 is amended to read as follows: 2. Fire damper protection of heating, ventilation and air conditioning duct penetration of corridor walls, ceilings, or floors is not required in Group A, Divisions 3 and 4 and Groups B, F, M, S and R Occupancies which do not exceed three stories in height, and are equipped with an approved automatic sprinkler system throughout. (25) Section 804.1, General. Section 804.1, Exception 2 is amended to read as follows: • 2. Where approved automatic sprinkler systems are provided throughout Group A, Divisions 3 and F and Groups B, F, M, S and R Occupancies, the flame- spread classification rating may be reduced one classification, but in no case shall materials having a classification greater than Class III be used. • (26) Section 805, Textile Wall Coverings. Section 805, Part 1 is amended to read as { ~ • • follows: 1. Textile wall coverings shall have a Class 1 flame spread and shall be protected by automatic sprinklers complying with the latest editions of PAGE 8 t • r• • • F I N.F.P.A. Standard 13, N.F.P.A. Standard 13D or N.F.P.A. Standard 13R. whichever are applicable. (27) Section 902, Standards of Quality. Section 902 is amended by deleting the second paragraph, and by amending parts 1 and 2 io read as follows: 1. Fire Extinguishing System. 1.1 The latest edition of N,F.P.A. Standard 13. 1.2 The latest editioa of N.F.P.A. Standard 13D. 13 The latest edition of N.F.P.A. Standard 13R. 2. Standpipe Systems. The latest edition of N.F.P.A. Stallard 14. (28) Section 904.1.1, Standards. Section 904.1.2 is amended to read as follows: Whenever reference is made to fire extinguishing system or standpipe system standards in U.B.C. volumes 1, 2, or 3, the appropriate N.F.P.A. Standard shall be used in the installation of such systems. Fire extinguishing systems shall comply with the latest editions of N.F.P.A. Standard 14, N.F.P.A. Standard 13D (for Group R Division 3 Occupancies), N.F.F.A. Standard 13R (for Group R Division 1 Occupancies) and N.F.P.A. Standard 13 (for all other buildings). Exception: Automatic fire extinguishing systems not covered by the above standards shall be approved and installed in accordance with other approved Standards. (29) Section 9174.1.3. Section 904.1.3 is deleted. (30) Section 9174.2.1•, Me" Required. Section 904.2.1. is arn"ed to read as follows: 1 904.2.1 Where required. Automatic fire extinguishing systems shall be installed in the occupancies and locations as set forth in this cation. For provisions on • special hazards and hazardous materials, see the Fire Code. 1. tut automatic sprinkler system shall be imsalled in all new buildings of noncombustible construction which exceed three stories in height or which have more than ten thousand square feet (10,000 K. ft.) of floor area. • 2. An automatic sprinkler system shall be installed in all new buildings of • • J combustible construction which exceed three stories in height or which have more than seven thousand five hundred square feet (7,500 sq. ft.) of floor area.. PAGE 9 I ~S c • • • • i I y 3. Sprinklers shall be installed at the top of rubbish and linen chutes, and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 4. Sprinkler systems shall be installed in rooms where nitrate film is stored or handled. 5. Sprinkler systems shall be installed in protected combustible fiber storage vaults as defined in the Fire Code. 6. Automatic sprinkler systems shall be installed throughout all buildings with a floor level with an occupant load of 30 or more that is located 55 feet (16.764 m) or mcre above the lowest level of fire department vehicle access. Exception: 1. Airport control towers. 2. Open parking structures. 3. Group F, Division 2 Occupancies. 7. Automatic sprinkler systems shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds 5,000 square feet (465 m=) in floor area. For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation. 8. An automatic sprinkler system shall be installed in basements classified as a • Group A Occupancy when the basement is larger than 1,500 square feet (139 m=) in floor area. 9. Automatic sprinkler systems shall be installed in enclosed usable space below ! or over a stairway in Group A, Divisions 2, 2.1, 3 and 4 Occupancies. See Section 1009.6. _ o • • 10. Automatic sprinkler systems shall be installed in every building containing a multi-theater complex. 11. Automatic sprinkler systems shall be installed in all amusement buildings. The main water-Slow switch shall be electrically supervised. The sprinkler PAGE 10 / • • f I k main cutoff valve shall be supervised. When the amusement building oees k temporary, the sprinkler water-supply system may be of an I temporary type. Exception: An a,~tomatic spr.,&Ier system need not be provided when the fefeet et floor area of a temporary amusement building is less t a s 1,000 square (92.9 m') and the exit travel distance from any point less than 50 (15.240 m). 12. All stages shall be sprinklered. Such sprinklers shall be provided throughout the stage and in dressing rooms, workshops, storerooms and other accessory spaces contiguous to such stages. Exceptions: 1. Sprinklers are not required for stages 1,000 square feet Q2.m') or less in area and 50 feet (15.240 m) or less in height where curtains, scenery or other combustible hangings are not retractable vertically. Combustible hangings shall ae limited to a single main curtain, borders, legs and a single backdrop. 2. Under stage areas less than 4 feet (1.219 m) in clear height used exclusively for chair X table storage allboard or an approved equal 518-inch (l6 mm) Type e gypsum 13. Automatic sprinkler systems shall be installed throughout Group H, Division:, 1, 2, 3, and 7 Occupancies, Automatic sprinkler systems shall be installed throughout Group H, Division 4 Occupancies having floor areas greater than 3,000 square feet. • 14. 5 and Group re-extinguishing xD vision 5 Aircraft Hangar rin accordance with N F P.A Standard 409, latest edition. 15. Automatic fire-extinguishing systems shall be installed throughout buildings contairing Group H, Division 6 Occupancies. The design of the sprinkler • system shall not be less than that required under N.F.P.A. Standard 13 for the occupancy hazard classifications as follows: I~ O • L Tt N O rriP NCY HAZARQ cLA LIEIC&IM Ordinary Hazard Group 2 Fabrication areas Ordinary Hazard Group 2 Service corridors Storage rooms without dispensing Ordinary Hazard Group 2 PAGE 11 n • _ • • • Storage rooms with dispensing Extra Hazard Group 2 Exit corridors Ordinary Hazard Group 2' ' When the design area of the sprinkler system consists of a corridor protected by one row of sprudders, the maximum m:mber of sprinklers that needs to be calculated is 13. 16. An automatic sprinkler system shall be installed in all Group 1 occupancies. Exceptions: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems in N.F.P.A. Standard 13. 17. Automatic fire sprinkler systems sh311 be installed throughout all buildings containing a Group E, Division 1 Occupancy. Exceptions: 1. When each room used for instruction has at least one exit door directly to the exterior at ground level and when rooms used for assembly purposes have at least one half of the required exits directly to the exterior ground level, a sprinkler system need not be provided. 2. The building is less than 7,500 square feet in floor area and is of combustible construction or less than 10,000 square feet in floor • area in all other buildings of noncombustible construction. 18. Automatic sprinkler systems shall be installed in basements classified as Group E, Division I Occupancies. 19. Automatic fire sprinkler systems shall be installed in enclosed usable space • below or over a stairway in Group E, Division 1 Occupancies. See Section • • - I 1009.6. J (31) Section 904.1.2, All occupancies except Group R, Division 3 and Group U Occupancies. Section 904.2.2 is deleted. PAGE 12 p • • (32) Section 904.2, 3, Group A Occupancies. Section 904.2.3 is amended to read as follows: Section 904.2.3 Building Additions and Enlargements. The owner(s) of any building shall be required to install n automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds ten thousand (10,000) square feet of the total floor area, and when the total square footage of all such additions exceeds by more than twenty-five percent (25%) the original floor area. (33) Section 904.2.3.1, Drinking Establishments. Section 904.2.3.1 is amended to read as follows: Section 904.2.3.1, Sprinkler or Standpipe System Installers. All persons wishing to install automatic sprinkler or standpipe systems within the andt the limits of the City of any of any work that such persons meets oroexthe fire ceed all marshal the beginning local requirements for sprinkler installers. (34) Section 904.2, 3.2, Basements. Section 904.2.3.2 is amended to read as follows: Section 904.2.3.2, Working Drawings. I At least two (2) sets of sprinkler system working drawings shall be submitted to the fire marshal's office for the approval process before any building construction may commence beyond construction of foundation and associated underground plumbing and electrical installations. • (35) Section 904.2.3.3, Exhibition and display rooms, Section 904.2.3.3. is amended to read as follows: Section 904.2.3.3, Temporary System Approval. r • In regard to sprinkler systems, a temporary, certificate of occupancy may be ` • • issued if the fire extinguishing system is operational and has been approved by the fire marshal. A permanent certificate of occupancy shall be issued only after at least two (2) sets of as-built drawings and hydraulic calculations are submitted to and approved by the fire marshal. PAGE- 13 • - _r_I r - 0 • • (36) Section 904.2.3.4, Stairs. Section 904.2.3.4. is amended to read as follows: Section 904.2.3.4, System Pressure Test. A representative of the fire department shall witness all pressure tests of the systems. The contractor's responsible managing employee or des'; nee mus' be present at all acceptance tests. (37) Section 904.2.3.5, Multitheater complexes. Section 904.2.3.5 is amended to read as follows: Section 904.2.3.5, System Aerations. No alterations to systems or buildings having approved systems shall be made prior to submittal and approval of plans for such alterations or additions. (38) Section 904.2.3.7, Stages. Section 904.2.3.7 is deleted. (39) Section 904.2.4, Group E Occupancies. Section 904.2.4 is amended to read as follows: Section 904.2.4, Water Capacity Required. Every development shall provide adequate water capacity for fire protection. Unless buildings in the development are provided with fire protection by means of automatic sprinkler systems in accordance with Chapter 28 of the Code of Ordinances, each development shall provide the following minimum water capa,.ity. (Calculated at twenty (20) pounds per square inch of residual pressure): Area G.P.M. High-intensity commercial and industrial 3,000 Medium-intensity commercial 1,500 Medium-intensity residential 750 Low-intensity residential 500 • (40) Section 904.2.4.1, General. Section 904.2.4.1 is amended to read as follows: i Section 90,' 2.4.1, Riser Control Valves. All riser control valves shall be locked in the open position and shall be maintained at all times in a locked open position unless otherwise approved by the fire marshal. _ • • • - ~ (41) Section 904.2.4.2, Basements. Section 904.2.4.2 is deleted. (42) Section 904.2.4.3, Stairs. Section 904.2.4.3 is deleted. PAGE 14 0? 0 • • i I . i (43) Section 904.2.5. Group H Occupancies Section 904.2.5 is deleted. I (44) Section 904.2.5.1, Group 11, Division 4 Occupancies. Section 904.2.5.2 is deleted. (45) Section 9104.2.5.3, Group H, Division 6 Occupancies. Section 904.2.5.3 is deleted. (46) Section 904.2.6, Group IOccupancies. Section 904.2.6 is deleted. (47) Section 904.2.7, Group M Occupancies. Section 904.2.7 is deleted. (48) Section 904.2.8, Group R, Division 1 Occupancies. Section 904,2.8 is amended to read as follows: Section 9044.8, Group R, Diviiian 1 Occupancies. Group R, Division 1 Occupancies required to have automatic sprialclee systems shall use residential or quick-response standard sprinklers in dwelling units and guest room portions 4 of such buildings. (49) Section 904.5.1, General. Section 904.5.1. is amended to read as follows: Section 904.5.1, General. Standpipes shall comply with the requirements of NTRA. Standard 14 latest edition. (50) Section 904.8, Violations. Section 904.8 is added and shall read as follows: 904.8 Violations. A person commits an offense if that person: (1) tampers with, damages or renders inoperable an automatic sprinkler system. standpipe, or alarm device, (2) shuts off a standpipe or automatic sprinkler system without prior approval • from the fire marshal. (3) fails to comply with any mandatory provision of the standards prescribed by the building code. PAGE 15 IVAN III • • (51) Section 1004.3, Type of Lock or Latch. Section 1004.3 is amended by adding a third exception to the first sentence as follows: 3. Groups B, F, N1 and S Occupancies in existence prior to April 6, 1992 which have an occupant load of less than one hundred (100) persons shall be permitted to continue the use of existing manually-operated edge or surface mounted flush bolts and surface bolts on the inactive leaf of a pair of doors which were in existence prior to April 6, 1992. There shall be a readily visible, durable sign on or adjacent to the door stating: These doors to remain unlocked during business hours. The sign shall be in letters not less than one (1) inch high with a contrasting background. (52) Section 1005.7, Construction. Section 1005.7, Exception 8 is amended to read as follows: 8. Corridor walls and ceilings need not be of fire-resistive construction within buildings of Group A, Divisions 3 and 4, and Groups B, F. M, S and R Occupancies, which do not exceed three stories in height and are equipped with an approved automatic sprinkler system throughout. (53) Section 1005.8.1, Doors. Section 1005.81 is amended by adding a new Exception 3 to read as follows: 3. Self-closing or automatic closing smoke and draft control assemblies need not be installed in buildings of Group A, Divisions 3 and 4, and Groups B, F, M, S and R Occupancies, which do not exceed three stories in height and are equipped with approved automatic sprinkler systems throughout. (54) Section 1005.8.2, Openings other than doors. Section 1005.8.2 is amended by adding a new Exception 2 to read as follows: 2. Protection of opening, as required by this section, is not required in Group A, Divisions 3 and 4, Groups B, F. M, S and R Occupancies, which do f not exceed three stories and are equipped with approved automatic sprinkler systems throughout. • (55) Section 1012.2, Separate Sources of Power. Section 1012.2 is amended by • • changing the first paragraph to read as follows: The power supply for exit illumination shall normally be provided by the premises' wiring system. In the event of its failure, illumination shall be PAGE l6 as ,v 1~ • automatically provided from an emergency system for Group 1, Division 1.1 and 1.2 Occupancies. All other occupancies requiring more than one exit shall provide exit illumination as required in Section 1012.1. (56) Section 1016.4, Panic Hardware. Section 1016.4, Exception 1 is deleted. (57) Section 1301, Solar Energy Collectors. Section 1301 is amended by changing Section 1301 to 1302; and by adding a new Section 1301 to read as follows: Section 1301 - Energy Conservation in New Building Construction. I a. Exterior bottom plates must be sealed with construction adhesive, caulking or other approved materials. b. Door and window frames must be sealed and caulked, c. Ali exterior wall penetrations (pipes, etc.) must be sealed and caulked. d. All ho:, c or spaces in top plates must be sealed, e. All exterior walls must be insulated with insulation having a minimum R-11 value. f. Attic areas must be insulated with insulation having a minimum R-19 value. g. No cracks shall be permitted to 1:xterior wall sheathing. All joints not over solid framing shall b r- 1materials to stop air infiltration. Exception: Group R, U; .Anent Buildings. Listed below are minimum requirements for apartment buildings: a. Exterior bottom plates must be sealed with construction adhesive, caulking or other approved materials. b. Door and window frames must be sealed and caulked. c. All exterior wall penetrations (pipes, etc.) must be sealed and caulked. d. All holes or spaces in top plates must be sealed. e. All exterior walls shall provide a minimum R-19 insulation value, r f. Attic areas over conditioned areas shall be insulated with insulation having a minimum R-30 value where electrical resistance beating is u;,d and a minimum R-26 value when other heating means are used. g. No cracks shall be permitted in exterior wall sheathing. All joints in ® sheathing not over solid framing shall be sealed with materials to stop air O o infiltration. h. One (1) layer of minimum four-mil plastic sheeting shall be applied to the framing behind the wall finish material all walls surrounding conditioned areas. PAGE 17 a3 C 1 • r i L No cooling equipment shall be installed which has a SEER rating of less than I0. j. Ail %ot water heating devises shall be contained in an insulating blanket (either internally or externally) which has a minimum R-10 value. k. All exterior windows and sliding glass patio doors shall have double glazing. 1. Unshaded west-facing glass shall not exceed twenty (20) percent of the total exterior glazed area in any individual apartment. Glass facing west or up to forty-five (45) degrees either north or south of due west shall be deemed to face west. The following are acceptable shading installations: (1) Fixed or operable louvers; (2) Grilles; (3) Shade-producing screens and roofs; or (4) Mature undisturbed tree(s) which will provide a minimum of fifty (50) percent shading on the glass in question when the sun angle is thirty (30) degrees above the horizontal and due west. Other methods which will provide a minimum fifty (50) percent shading may be acceptable. (58) Section 1501, Scope. Section 1501 is amended by adding a new paragraph and an exception between the third and fourth paragraphs to read as follows: Untreated or fire-retardant treated wood shingles or shakes shall be prohibited. Exception: The roof covering on existing dwellings and structures with wood shingles or shakes may be repaired with factory treated fire-retardant wood shingles or shakes. The roof covering on additions made to existing dwellings and structures with existing wood shingles or shakes may be of factory treated fire-retardant wood shingles or shakes. (59) Section 2902.2, Group A Occupancies. The second paragraph of Section 2902.2 is amended by changing the reference from Section 806 to Section 807. (60) Section 2902.4. Group E Occupancies. The fourth paragraph of Section 2902.4 i is amended by changing the reference from Section 806 to Section 807. • • • (61) Section 2902.5, Group !Occupancies. The second paragraph of Section 2902.5 is amended by changing Section 806 to Section 807. PAGE l8 i • r • (62) Section 2902.6, Group R Occupancies. The fourth paragraph of Section 2902.6 is amended by changing Section 806 to Section 807. 1 (63) mended by addi grtwo (B new p agra following the first paragraph to read as follows: In the following Group A Occupancies, water closets shall be provided at a rate of two (2) water closets for the use of females to each water closet for use by males: arenas, stadiums, community and convention halls, specialty event centers and amusement facilities. Retail stores and office type occupancies having not more than fifteen (15) employees shall provide at least one (1) unisex handicap water closet. (64) Section 3301.3. Trench Safety is added and shall read as follows: Section 3301.3, Trench Safety. Notwithstanding any other provisions of this code, on all construction projects, public or private, within the boundaries of the city or its extraterritorial jurisdiction, the bid documents and the contract shall contain: (1) detailed plans and specifications for adequate safety systems that { meet OSHA standards, and (2) a pay item for those safety systems. This requirement shall not apply for persons subject to safety standards adopted under Tex. Civ. Stat. Ann., art. 6053-1 and subject to the administrative penalty provisions of Tex. Civ. Stat. Ann., art. 6053-2, as amended. (65) Appendix Chapter 9, Section 907 2, Where Required. Exception I is amended by changing 904.2 to 904.2.1. (66) Appendix Chapter 12 is adopted only insofar as it applies to Groups A, 8, E, F, • 11, 1, M and S Occupancies only. r • SECTION 11 That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof io any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of remaining ~ portions despite Denton, Texas the by remaining declares that they would ordinance, have enacted such Council of here any such • p ® invalidity. PAGE 19 ~?5 E • • SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding the limits set forth in $1-12 of the Code of Ordinances of the City of Denton, Texas. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause tlx: caption of this ordinance to be published twice in the Denton Record-Chronicle, the offic al 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 WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • I r BYjI Cf/ v~ K-7-_Ze c PAGE 20 Ztio • • i t ' MINUTES BUILDING CODE BOARD November 15, 1994 I PRESENT: Ed Owens, Mary McCain, Greg Muirhead, Steve Kniatt, James Fykes, and Byron Woods ABSENT: Nicholas Eassa STAFF PRESENT: Jackie Doyle, Building Official I. Review of the 1994 Uniform Building Code CF.APTER ONE : Ms. McCain reviewed Chapter One. She briefly discussed the administration and the purpose of the code to safeguard life and property. She said she felt that the scope and purpose of the code was very clear. Owens asked if the bars in the margin signified some type of change. Doyle said yes, the bars meant that there was some type of change. He explained that the changes could be very minor or major. McCain said she had a concern about the sentence that said the Building Code Board could hear appeals for variances, but the last line on page 13 said, the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of the Building Code nor shall the board be empowered to waive the requirements of the code. She said she thought that was the purpose of the board. Doyle explained that section had been amended locally to give the board that power. • Muirhead said the board was governed by a locally do veloped ordinance which created the Building Code Board. , Doyle said the board could recommend that the current amendments be kept or done away with. ♦ McCain said the amendments would probably have to be redone ® 0 since there was a difference in the 1991 and 1994 codes. Doyle said in most cases the only thing that will be changed will be the section numbers. He suggested that the Board keep the current amendments. 1 a7 • • Minutes Building Code Board Nov. 15, 1994 Page 2 Owens asked if the plan review fees were considered an amendment to the code. Doyle said yes. He said section 106.1 (Permits required) was section 301 in the 1991 code. The section has been amended and should stay as presently amended. It takes into account the single permit fee for single family homes. McCain said she wondered about engineering calculations on plans. She said she didn't think her company had ever included engineering calculations on plans. It is assumed that the engineer does his calculations. Doyle said the engineer would have his seal on the plans and the plans examiner would accept the seal. McCain said section 1702 concerns several structural observations. She asked why seven (7) sets of plans are required. The code only calls for two (2). Doyle explained that there are six (6) divisions that review the plans and the seventh set is returned to the builder. McCain asked if other departments kept their sets all through the job. Doyle explained that all sets were returned to the Building Inspection office so the seventh set could be accurately marked for the contractor. Owens explained that the process was initiated to try and expedite the plan review time. Muirhead said there used to be two (2) sets of plans. One set was for the contractor and the other set traveled from • department to department and then back to the Building Inspection office. It was a logistics nightmare. Doyle said sections 107.2, 107.3 and 107.6 of the 194 UBC should be left as presently amended in the '91 UBC. Kniatt asked if the fees would be reviewed. • • O Doyle said he thought the fees were okay as is. McCain said that while reviewing section 108 she did not see an inspection for insulation. She asked who checks-to see if the insulation is in place. 2 v ~a • • i I Minutes Building Code Board Nov. 15, 1994 Page 3 Doyle said there is not a specific inspection for insulation. The insulation is seen at some point during the inspection process. Kniatt said he did not know of any inspection for wall insulation and there should be. McCain said she also thought there should be an inspection. Sand add San asked if the board should amend section inspection for insulation. Doyle said 108.5 could be amended. McCain made a motion to add another inspection for insulation, to be made prior to interior finish application. Kniatt seconded and the motion carried unanimously. Muirhead asked if there should be an increase in fees due to the fact that there would be another inspection. Doyle said he did not know exactly how to go about increasing fees unless you set up a specific fee for that inspection, but none of the other inspections have individual fees. They are included in the single permit fee for single family residential. McCain asked how the new inspection would get published or become public knowledge. Doyle explained that once the review of the 1994 UBC is completed, all changes that are made will be put together and brought back to the board for final approval. Then the changes will be sent to the Legal Department. Kniatt asked if there was an amendment stating that you have to • have-.a- fire and health inspections before a Certificate of Occupancy is issued. Doyle said the amendment did not specifically say that, but it ' is referenced in the 1994 UBC in section 109. It is referenced in the !991 UBC in section 3D8. • Doyle said the Fee Table is 1-A in the 1994 code and 3-A in the 1991 code. Under other inspections and fees, Item 5 is new and • • the local ordinance should be amended to include this item. Fykes asked who has the say so over calling for item 5. Is it at the discretion of the Building official? 3 • 0 • • II I Minutes Building Code Board Nov. 15, 1994 Page 4 Doyle said it has never been done. There are agencies like the ICBO that will review plans for a fee. Owens asked if an outside plan review would be used if there was some type of disagreement or discrepancy. Doyle explained that ICBO or some other code authority could be called for an interpretation if there was a disagreement. Fykes asked how it would be administered and who would pay for the plan review. Doyle said the builder would pay for the outside plan review. Kniatt made the motion to amend Table 1-A and include item 5 in the local amendments to the UBC. Woods seconded and the motion carried unanimously. Muirhead moved to adopt Chapter One with the inclusion of 108.5.4.1 concerning an insulation inspection and to include it and the amended Table 1-A including item 5 to our local amendments. Kniatt seconded and the motion carried unanimously. CHAPTER TWO: Doyle said there were only minor changes to some of the existing definitions. The new definitions are: Photo luminescence Self luminescence f Travel time Window well Doyle explained that the remainder of chapter Two is the same as the 1992. UBC. ' Kniatt moved to adopt Chapter Two as written. Fykes seconded and the motion carried unanimously. • 0 • CHAPTER THREE Doyle said the biggest change in Chapter Three is that many of the Group B occupancies in the 191 UBC were placed in new occupancy groups in the 1994 UBC. The new occupancies were Group B occupa.cies in the 1991 UBC. 4 30 • i • Minutes Building Code Board Nov. 15, 1994 Page 5 Section 302.1 Exception 2,2.5 is new, but not a big deal. It concerns customer waiting rooms. Doyle explained that the black line in the margins means that there is some type of change in that area. The change could be as minor as a word change. An arrow in the margin means that something has been deleted. The next change is in sec. 302.3,2 where the words shaft, stairway, am, or escalator enclosure are added. This part in the '91 code just reads enclosure. The 194 UBC also allows a parking garage below and a horizontal 3 hour separation wall separating the garage from the A occupancy as long as the opening going through the 3 hour separation is carried down as a 3 hour separation from the bottom of the 3 hour floor to the foundation. The enclosure above only has to be a 1 hour enclosure provided the building construction is not Type I or Type II fire resistive. This gives a break on the enclosure above the 3 hour separation. Kniatt asked if a pipe chase going from there would be whatever the rating is above. Doyle said it would only have to be one hour. Sec. 302.4, Exception 3 has been amended in our current amendments and should be left as is. Kniatt asked in light of some of the fires that have happened in so called mechanical rooms and furnace closets should that area of the code be amended to be more strict than it is. Doyle said if the largest piece of equipment exceeds 400,000 BTUH it would require a 1 hour enclosure. Kniatt said he thoaght it should be lower. A 100,000 BTUH furnace can cause just as much fire as a 400,000 BTUH. In some , cases it can cause more. Doyle said he would do more investigation and the board could consider an amendment before final adoption. Doyle said there were no other changes until the third paragraph of section 303.2.2.2. This section now requires a minimum 3 hour separation between basement and floor above in Type I-FR construction. O • i Minutes BU~Lding Code Board Nov. 15, 1994 Page 6 Sec. 302.2.2.3 concerning grandstands and bleachers indicates maximum heights which are different from the Table in Chapter 5 of the 1991 edition. Sec. 304 is a new section listing Group B occupancies as defined in the '94 UBC. Section 304.2.2.2 refers to Sec. 408 which says for flammable decorative material see the Fire Chief. Section 304.7 will be reviewed with the sprinkler ordinance. Changes in Sec. 305.2.3 concern day-care occupancies which provides new exceptions. Section 306 lists Group F occupancies which are Group B occupancies in the 1991'code. Section 306.7 and the third paragraph of 306.8 will be reviewed with the sprinkler ordinance. Section 307.1.3 deleted item 2 of the 191 UBC which reads rooms shall not exceed 1 000 square feet in area. Section 307.2.3 Spill control, added a phrase that reads, excent for surfacing. the smell shall be constructed from non- co us ible material. Section 307.2.7 deletes Class III organic peroxides. Section 307.2.10 in the last paragraph of this section Division 2 has been added. Section 307.9 has a new sentence which reads, for aerosol warehouses see the fire code. • In Sec. 308.1, the word persons has been changed to ghj dren and the word persons has been changed to patients. Exception 1 added the phrase al th ca reenter for ambulatory patients classified as Groi,q I Division 1.2 occupancies. In the 191 UBC it reads hospitals and nursing homes. • Section 308.2.2.1 in the first paragraph the words of not less • • than 1 hour fire resistangA, meeting the requirements of section 905.2.3 have been added. 6 ...,.r..-..,.,._. ...aw~Mh'~fwM~w., V~~~ ..w.x..r+Yw,►~. M+4,.w«4„,.;.. • • Minutes Building Code Board Nov. 15, 1994 Page 7 Sec. 308.2.2.1, 1 omits the phrase 1/4" wire a~asa in steel frames. The last paragraph changed the word g_Q artmen fn the 1991 UBC to the word zone in the 1994. A new last sentence reads, exit doors at zone boundaries shall be ecruiRved wi an approved vision panel. Section 308.10 added a phrase at the end which reads nursing call systems hall be listed for the intended combined use. Section 309.8 added a new second sentence which reads, Storage of flammable and, combustible Ii avid shall be in compliance with the fire code. The exception in Sec. 310.4 is new. Section 310.9.1.2 has a new exception which deletes the requirement that smoke detectors be added when residential alterations exceeds a value of $1000.00 provided the alteration is for exterior surfaces only. Muirhead said he thought that smoke detectors were necessary for safety. Doyle said even a battery type smoke detector would beat none at all. If they could be battery operated, at least there would be some protection. Fykes said he thought that anytime a building permit is issued for alterations, repairs or additions, smoke detectors should be required. Doyle asked if he meant any time a building permit is issued a person would be required to install smoke detectors. Fykes said yes, but they could be battery operated. • I , Muirhead moved to remove the exception to section 310.912 and to insert the requirement for battery operated smoke detectors in lieu of hardwired if a building permit is issued. Fykes seconded and the motion carried unanimously. • Sec. 311 lists Group S occupancies which are B-2 and B-4 • • occupancies in the 1991 UBC. Group S Division 3 occupancies are Auto repair occupancies where no major repair work is done. This occupancy is B-1 in the 191 UBC. 7 33 • • . Minutes Building Code Board Nov. 15, 1994 Page 8 Section 311.4 references Chapter 10 which increases travel distance from 250 feet to 300 feet and 400 feet if the building is sprinkled (for parking garages) 311.6 refers to Chapter 10 which Section 3 a parking garage. The 1991 coderd d t of have this requirement. U occupancies were M occupancies in the 1991 UBC. A new Table 3-A describes occupancies by Group and Division. Table 3-D concerning exempt amounts of hazardous materials has in some cases increased the amounts of exempted hazardous materials. Table 3-A Footnotes 10 and 14 are new. Table 3-E reduces the amounts of some exempt hazardous materials. Muirhead moved to accept Chapter Three as stated. Kniatt seconded and the motion passed unanimously. II. New Business Doyle said that 2 meetings had been scheduled: November 29, at 3:00 - a variance request from Mount Miller McCain related to the Southern Hotel project. It was decided to meet at the site at 3:00 p.m. The board members were asked to bring flashlights since the building has no power. December 13, at 3:00 p.ia. a variance request for Georgia Pacific. `t Meeting adjourned at 6:10 p.m. f` @ O • 8 3 ~ 1 • 0 Building Code Board Minutes December 6, 1994 III. Continue review of the 1994 edition of the Uniform Building Code. Kniatt explained that the biggest part of Chapter 4 changes is dealing with special use and occupancy. Most changes in Chapter 4 concern smoke control, and fire alarm systems and fire sprinyler systems. Smoke control systems will operate automatically upon activation of automatic snrinklers. Smoke control. systems in living areas shall be provided with standby power. Chanter 4 also talks about fire alarm communication systems, and standby power. Gillette said the information in Chanter 4 has just been relocated because of the revamp of the 1994 Code. The 94 Code also addresses malls, which was vague in the '91 Code. Kniatt said there was a big change concerning stages and platforms but he didn't know how much it would concern Denton. (Mainly ventilation and extra roof vents) Medical gas cylinder systems now have to be enclosed in a• separate room in Group B and I occupancies. Kniatt made the motion to adopt Chapter 4 as written. Muirhead seconded and the motion carried unanimously. i <r I, mpg.. . , t. I ' • 1 Building Code Board MINUTES January 24, 1995 i Present: Ed Owens, Mary McCain, Steve Kniatt, Nicholas Eassa I Absent: Greg Muirhead, Jim Fykes, Byron Woods Present from staff: Greg Mitchell, Plans Examiner, Jackie Doyle, Building Official arrived at 4:35 p.m. Owens stated that this meeting was only for the review of the 1994 U.S.C. Mitchell indicated that Fykes was responsible for reviewing Chapter 5. In Fykeb absence Mitchell said that he was prepared to talk about Chapter 5. Mitchell said that the changes in Chapter 5 have practically zero imrict. The changes to Sec. 504.3 are two exceptions to the allowable floor area of mixed occupancies. Exception 1 allows floor area to be determined by the major occupancy of the building provided such use occupies at least 90k of the building and minor accessory uses to not exceed 10 k of the area of the building. Except'.en 2 permits other occupancies in Grouo B and Group H Division 5 occupancies when such other occupant es do not exceed 10k of the area of the floor of a building. Mitchell said that in Sec. 509.1 concerning guardrails, exception 2 has been amended not to require rails at other raised floor areas such as runways, ramps, and side steps used for entertainment or presentation. Mitchell indicated that Tables 5-A and 5-C had been combined into a single table and Table 5-B was now Table 3-B. He said the information in the tables had not changed. Kniatt asked if Group H included hazardous waste materials. Mitchell said the Gro}ip H occupancies were basically the same except the 194 code created a new Group F occupancy which has removed cabinet shapes :tom the H-4 classification and placed them • in Group F occupancy. Kniatt asked what is Group H. Mitchell said they could include explosive chemicals and organics. Kniatt said Group H occupancies include buildings which involve manufacturing, - processing, generation or storage of materials that constitute a high fire and explosive or health hazard which would fall within the state of Texas hazardous waste material category. Kniatt said this would include oxidizers and any other chemicals or any other • thing that might be considered hazardous waste by the state of 0 0 Texas. Kniatt said that as of July 1 this year a state permit will be required for anyone who generates more than So gallons of hazardous waste per year. He said a permit would also be required tc dispose of hazardous waste. Kniatt said that for less than 50 gallons another permit is required. Mitchell said that he had 10 3~ s January 24, 1995 Page 2 heard nothing from the state regarding any requirements. Owens asked who issued the permits. Kniatt said the state of Texas EPA. Eassa asked if EPA was state or federal. Kniatt said it was the state EPA. It is the state equivalent to the mandated requirements from the federal government EPA requirements. Doyle arrived at 4:35 p.m.. Mitchell asked if we were going to incorporate the city's two local amendments. Doyle said that what the Board had agreed to do was to wait until the end of the review process and then look at current amendments. Owens asked if there was any further discussion. Eassa moved and McCain seconded a motion to accept Chapter 5 as written. Motion carried unanimously. Owens apologized for not having reviewed Chapter 6. Owens asked Doyle if he had gone through Chapter 6 and if we could hear his or anyone else points regarding Chapter 6. Owens mentioned the exception to Sec. 601.2 and asked it if was new. Doyles said it had not changed and that it still indicated that buildings divided by area separation walls could be considered separate buildings. The changes in Chapter 6 were limited to changes in section and table numbering. Kniatt moved and Eassa seconded a motion to accept Chapter 6 as written. Motion carried unanimously. Owens was not ready to review Chapter 7 and neither was Doyle. However, Kniatt had reviewed this chapter. Kniatt said that Chapter 7 includes the location of fire dampers, installation of fire dampers, penetration betweer walls. It also eliminates the requirement for 26 gage galvanized steel in penetrations of walls as long as there are no openings. In the areas of hallways, you don't need an inspection hole. Kniatt said those are the main changes. Doyle asked about the change that eliminates the use of 26 gage duct passing through rated walls. Kniatt said that 26 gage duct was still required but there is no requirement for an opening for inspection. Kniatt said that as long as there are no openings in the rallway or corridor you don't have to have inspection holes A for inspecting the fire damper. Owens said this was a. relaxation of code requirements. i Kniatt talked briefly about smoke dampers, detectors in return air, parapets and the extension of some 1 hour rated walls through the ceiling to the roof. Kniatt said that if you have any computers setting on the floor and the air conditioning fron the floor through the computer systems you must have an air tight door or , something for underfloor. Kniatt said they made that tighter also. I , J Doyle said that he thought Table 7-A was Table 43-A or S in the '91 rode. Kniatt said that some materials had been changed in 7-A and he asked if type II-N particle board was in the current code. 11 37 • • January 24, 1995 Page 3 Owens read Sec. 712 and asked if the 1 3/8 inch thick door had to be solid core. Doyle said it didn't have to be. There was brief discussion concerning fire window size and glazing. Changes to these sections were minor. Y.niatt moved and Eassa seconded a motion to approve Chapter 7 as written. Motion carried unanimously. Owens said that woods was to review Chapters 3 and 9. Doyle said there was only one change in Chapter a and it appears to be only a change in occupancy designation. Kniatt moved and Eassa seconded a motion to approve Chapter 8 as written . Motion carried unanimously. Review of Chapter 9 was delayed until a later meeting. Chapter 10 concerning means of egress was reviewed. Sec. 1003.1 was discussed and it was determined that the requirements of the section remain the same as in the '91 UBC. Sec. 1003.3 exception was rephrased but the exception did not change. Sec. 1003.4 number 4 increases the travel distance in an open parking garage from 250 feet to 300 feet and to 400 feet in a sprinkled building. Sec. 1004.2 concerning door swing and opening force has added the phrase "is applied to the latch side." Sec. 1004.8 concerning revolving, sliding and overhead doors has added a new exception which permits these doors to be used as exits when the occupant. load is less than 50. Exception does not apply to H occupancies. Sec. 1005.7 concerning corridor construction has added a sentence at the end of exception 5 which readT as follows: The actuation of any detector shall activate alarms audible in all areas served by the corridor. • Sec. 1006.1 concerning stairways has added the words "window wells" in the exception. i Sec. 1006.9 concerning handrails has :hanged the minimum cross- sectional handrail dimension from 1 1/4 inches to 1 1/2 inches. Sec. 1006.11 concerning protection of exterior wall openings has added the words "unprotected openings and automatic closing fire assemblies." • • Sec. 1007.9 concerning minimum headroom at ramps has been added and is 7 feet. Sec. 1008.2 concerning openings in horiz,)ntal exits has been 12 3aG ; • - I hl January 24, 1995 Page 4 changed by deleting reference to 2 hour fire-resistive wall. Sec. 1009.7 concerning pressurized exit enclosures when such I enclosures are more than 75 feet above the lowest level of fire department vehicle access. Sec. 1012.2 concerning exit illumination was discussed regarding the possible amendment of the section to require emergency illumination in all occupancies requiring two or more exits. The Board asked that the building official write a proposed amendment for their review. In Sec. 1016.3 concerning balcony exits,the occupant load for determining the number of exits was changed from 11 to 10. The second exception in 1016.4 concerning panic hardware added 2 new sentences which read as follows: Gates may be horizontal sliding or swinging and may exceed the 4-foot width limitation. The required dispersal area shall be located not less than 5o feet from the stadium. Section 1020. 2 and 1020.3 concerning refrigeration machinery rooms and refrigerated rooms or spaces are new. Tables 10-B and 10-C are new and concern minimum aisle widths required by Sec. 1014.3 Approval of Chapter 10 in pending review of a proposed amendment to Sec. 1012.2 concerning exit illumination. Meeting ad;ourned. • 13 0 0 MINUTES Building Code Board February 14, 1995 II Present: Mary McCain, Steve Kniatt, Nicholas Eassa, Greg Muirhead, l James Fykes Absent.: Ed Owens, Byron Woods Present from Staff: Jackie Doyle, Greg Mitchell I. The Board continued their review of the 1994 Uniform Building Code beginning with Chapter 11. Kniatt said that probably 90 4 of Chapter 11 refers to ADA. Doyle requested that the Board wait until the end of the review of other chapters to discuss chapter 11. Kniatt reviewed Chapter 12. Kniatt said that changes were made in Group H occupancies concerning ventilation of hazardous fumes. ventilation requirements have been changed in a lot of areas. Ducts conveying flammable vapors, fumes and duct shall extend directly to the exterior of a building without entering other spaces. An exception says that ducts conveying vapor or fumes having flammable constituents less than 25V of this lower flammability limit may pass through other spaces. Another change that requires that ventilation in a parking garage be based on the anticipated i.stantaneous movement rate of vehicles, but not less than 2.5 k of the garage capacity. Automatic carbon monoxide-sensing devices as well as light and ventilation requirements for Group R occupancies was discussed. Kniatt said that the basic parts of Group H occupancies has not been changed. Kniatt moved and Muirhead seconded a motion to adopt Chapter 12 and Appendix 12 as it applies to URC Section 1202. Motion carried unanimously. • McCain reviewed Chapter 13 concerning energy conservation. f Doyle suggested that the chapter be amended by deleting the , last sentence and inserting the city's current energy conservation requirements. Muirhead moved and Eassa seconded a motion that solar energy conservation, Section 1301 be moved to Section 1302 and that local energy conservation requirements become Section 1301. Motion carried unanimously. o McCain reviewed Chapter 14 concerning exterior wall coverings. Stud spacing at 16 inches on center is required for use with 14 ~{0 • • I BCB 02-14-95 masonry or s'-one veneer and 24 inches on center stud spacing for other than masonry or stone veneer. It was pointed out that a variance had been granted by the Board to permit 24 inch stud spacing with brick veneer at a proposed apartment building on South Locust Street. Chapter 15 was reviewed and it was agreed to maintain the current amendment related to wood shingles and shakes. The Board discussed at length the construction of flat roofs and associated problems. Ponding of water and proper roof drain placement were concerns as was the difficulty of maintaining a constant roof slope from high side to low side. Fykes pointed out the code provision which states that unless roofs are sloped to drain over roof edges, roof drains shall be installed at each low point of the roof. Kniatt mentioned several buildings in Denton and other areas which have flat roofs that are experiencing drainage problems. McCain said that the building code assumed that things were going to be well built. Fykes said that the 1/4 inch per feet slope standard was probably 35 to 40 years old. Eassa asked if anyone had seen other standards which are different. Doyle suggested that the code be left as is. He said that big companies are aware of problems with flat roofs and since they know the problems they should design the roofs to take care of the problems. Muirhead moved and McCain seconded a motion to approve Chapter 15 as written and to add the current amendment concerning wood shingles and shakes at the end of Section 1501. Motion carried unanimously. Chapters 16-23 were not reviewed since they are excerpts from Chapters 16-23 in Volume 2 of the UBC. Doyle reviewed Chapter 24 concerning glass and glazing and pointed out that there were no major changes. Sections 2404.2 'and 2406.4 items 9 and 10 are new. Kniatt moved and Eassa • seconded a motion to approve Chapter 24 as written. Motion carried unanimously. Chapters 25 and 26 concerning gypsum board and plaster and plastic were reviewed and no major changes were noted. Kniatt moved and F.assa seconded a motion to adopt Chapters 25 and 26 as written. Motion carried unanimously. 0 O O Chapters 27 and 28 concerning electrical and mechanical systems are new. Muirhead moved and McCain seconded a motion to approve Chapters 27 and 28 as written. Motion carried 15 • • r , BCB 02-14-95 unanimously. Chapter 29 concerning plumbing systems was reviewed. It was noted that Section 806 was incorrectly referred to in three different paragraphs in Section 2902. The correct Section number is 807. Doyle requested that the state law regarding "potty parity" be reviewed before taking final action on I Chapter 29. Chapter 30 concerning elevators, dumbwaiters, escalators and mowing walks was reviewed and no changes were suggested. Kniatt moved and Fykes and seconded a motion to accept Chapter 30 as written. Motion carried unanimously. Chapter 31 concerns special construction was reviewed and no changes were suggested. Kniatt moved and Muirhead seconded a motion to accept Chapter 31 as written. Motion carried unanimously. Chapter 32 concer:s construction in the public right of way. Since the Building Inspection Divisioncioes not have authority to allow construction within a public right of way, Kniatt moved and Mij---ead seconded a motion to delete Chapter 32. Motion cars unanimously. Chapter 33 ..oncerning site work, demolition and construction was reviewed and Muirhead mentioned that our local amendment concerning trench safety should be added after Section 3301.2. Kniatt moved and Muirhead seconded that Chapter 33 be accepted and that a new Section 3301.3 be added to include the current tr_nch safety amendment. Motion carried unanimously. Chapter 34 concerning existing structures was reviewed by Muirhead who suggested that chapter 34 be accepted as written. Kniatt moved and Eassa seconded a motion to accept Chapter 34 as written. Motion carried unanimously. • Doyle suggested that Bcard members review the Appendices to determine if any part should be adopted. Doyle said that review of Chapter 11 and sprinkler requirements would conclude review of UBC Volumne 1. Meeting adjourned at 5:10 p.m. s ~ ~ e o 16 TC7-- kill • • ~l - II , Building Code Board November 28, 1995 Page 9 • I r The fourth agenda item was to continue review of the 1994 Uniform Building Code. Doyle: The paper that says Chapter 28 Article 11, Building Code, Division I Generally, includes all of the board's recommended changes that you made while reviewing O the building code. It also includes the current amendments that are in the other _ item here. The numbering is changed obviously since they changed the O O numbering in the Uniform Building Code. I was to look at Chapter 11 and Chapter 9, 11 concerns handicap requirements and 9 concerns sprinkler requirements. I would recommend that the beard adopt Chapter 11. I think it comes real close to doing the same thing as ADA. Chapter 9 concerns sprinkler 17 v. J-- • • November 28, 1995 Building Code Board Page 10 requirements: I have started reviewing this with the Fire Marsbal and the Fire Protection Engineer and there are some changes that we would like to make concerning some of the items in the sprinkler sections. But basically we just took the current sprinkler ordinance and put it back in here with a few exceptions. As far as Group H Hazardous Occupancies are concerned, we would prefer just to go with what's in the UBC for H occupancies. We think it would be a better code. There is one item concerning Group H division 4 occupancies which are auto repair garages, which requires these occupancies to be sprinkled when more that. one story in height We don't have man) •w'o story auto repair garages. They have added a Group H, Division 7 Occupancy, so we need to take that into account. We would also like to increase the allowable size for a single family dwelling or two-family dwelling to go from five thousand sq. ft. to seventy five hundred sq. ft. before it has to be sprinkled. Woods: `that made the change to that since there was such a heated argument about that just earlier this year? Doyle: The argument was to relax it to allow the larger square footage. Eassa: Yeah, we were at five thousand at that house and as you say, it was a heated argument. Does the Fire Department agree with the seventy five hundred sq, ft? Woods: What caused the change? 1 was here for all this and that guy didn't get his house built because we wouldn't relax it and I'm just curious from that meeting to today what has happened to change the fire departments mind on it.. you know, did 1 miss something on this? Gillette: Well, the house on Hunter's Ridge, it's built and its sprinkled. Eassa: Well, I thought that it was only five thousand that was allowed, or did they do it in two sections? Jones: It's sprinkled. Eassa: He did sprinkle it? Oh. f 1 Jones: On that whole situation, education was the key and there wasn't any education done prior to meeting with Mr. Wasserman. I think the main contingent was the builder and the current fire chief at that time. • Eassa: So they sprinkled it at fifty seven hundred square feet? Jones: Yes. Mr. Wasserman has no problem with it now. Woods: Well I'm just curious. There was a big debate over it and all of a sudden we're going to relax. What happened? What did 1 miss out on? Who decided that going from five thousand to seventy five hundred all of a sudden wasn't a problem any more? And it had to be someone in your department that • Doyle: Not necessarily. The sprinkler ordinance is in the building code. It's just the • • number of complaints we've had since this was adopted and... J Eassa: As long as the Fire Department agrees, I don't see that we should have any problem with it. Kniatt: If I recall, everybody objected to the five thousand square foot and thought it should be different and they thought it should be somewhere around seven 18 LI! • • November 28, 1995 f Building Code Board Page 11 thousand square foot and also they were wondering why certain areas in the house should be fire protected when other fires are more susceptible fires. Certain areas should be protected, kitchen areas, garage areas should be protected, but why would you want to protect the rest of the house? All the man was talking about was the water damage on his paintings and his good furniture and his antiques. Jones: That brings it back into the realm of misconceptions with sprinklers all together. That *s why I said education bad a lot to do with the situation with that particular incident in that the fire department will take as much blame as anybody else in not sitting down with the builder properly and the occupant of the house and explaining how the fire sprinkler system works and that you're going to have more water damage on an unsprinkled buildi tg than you do on a sprinklered one and the fire suppression. Because the spriukler system localizes the application of the water only the heads that are affected by the heat room starting emitting the water at a very controlled rate whereas 10 fire fighters with axes, boots, an inch and three quarter hand lines at 100 gpm are indiscriminately going to spray water in your house, so if you have a fire in your kitchen or garage, the sprinklers in that area are the only ones that are going to activate, not the ones in your art gallery or in your living room and areas such as that so they aren't going to be as affected by water as througL a traditional fire suppression with the fire department. That particular incident you're talking about Lad a lot of politics behind it and._ `moods: Well, see I could care less about politics. I want to know what's right and what's wrong and I remember the discussion on this that it was so for keeping the sprinkler systems at five thousand sq. ft., I want to know what happened that all of a sudden we're kind of easing into accepting seventy five hundred sq. ft, now. 1 don't have a problem relaxing to seventy five hundred: I'm just kind of curious as to what happened. When something like this changes, and you're all of a sudden going to give a fifty percent increase, I was just kind of curious as to what happened on it. Jones: I can just talk for myself. I was not fire marshal when the sprinkler ordinance • was passed. I was an arson investigator. Now that I am fire marshal 1 feel quite comfortable with seventy five hundred so. ft. I feel that with purchasing of the quint and the amount of fire fighters we have we can adequately fight a house fire of seventy five hundred square feet and I'm not pro-active with sprinklers. I think that residential sprinklers are very important. If at all possible, everybody should have them because they are a life safety issue, but residential sprinklers are not • designed to protect the property. They're designed to save the occupant's lives • • who are inside. (Muirhead arrived at this time) Eassa: Is that something you think we should be voting w now, or shall we delay the voting from the five thousand to seventy five hundred sq. ft for another tim.c": Doyle: I would suggest that the board take a little time and review both of these. 19 L'J e Building Code Board November 28, 1995 Page 12 Maybe we could meet again in two weeks. If you have any questions at that point, we'll try and answer them and then go on and get this down to the legal department and get it adopted. Eassa: We should then be looking this over and be ready to vote upon it in two weeks. Doyle: Yes. Hudspeth: Is the part about the handicaps in this okay, or do you recommend us look at it? Doyle: I recommend that Chapter 11 be adopted as is. Eassa: Let us read it and we'll vote on that too. Doyle: Item number 20, which says delete UBC Section 408.4 concerning amusement buildings, like a carnival or fair, etc. we would prefer to leave that in the code. It says that any of these amusement type buildings that have an occupant load of 50 or more will be provided with some sort of temporary sprinkler system. It was only two or three years ago where some such facility in New Jersey or somewhere caught fire and killed some people. Muirhead: So we won't be deleting Section 408.4? Doyle: Right. Jones: A lot of your amusement type buildings that bave those higher rates of occupancies area't constructed, they are just thrown together. Tha' vill also include things like spook houses at Halloween and other type amusement events. Muirhead: They play like it is going to be temporary, but it gets used almost every week. Jones: Yes, and there is nothing to keep someone from coming into town .-A they'll erect a real dangerous situation like this. We don't have a problem with the Delta House, but they used to run a spook house every Halloween and we really had no way to handle the complaints we received of live chain saws being used i inside the buildings and branding irons and things such es that. it's a residence. II We would have an opportunity to afford people a reasonable degree of safety after they pay admission to go in to some place like that Eassa: The: th° plan is for us to read this and convene in two weeks or so and then vote. e Doyle: If you have questions at that time, we can address those. If you want something changed, we can do it at that time. I guess the easiest way, well, there is not an easy way to look at what's proposed and compare to what exists. You're going to have to use both the current amendments as well as Volume 1 to do all this. But there really arco't that many changes to what's already here. Muirhead: Its a little bit better format, though, than when we first started on it, isn't it? e Doyle: I think so. e Eassa: I personally would like to meet at 4:00 if it's ail right with everybody else. Does anybody have any real liking for a 3:00 meeting, or is Muirhead: How long do you think we'll be meeting, Jackie? Doyle: That would depend on how many questions the board has. McCain: A 3:00 meeting pretty weli shoots the entire afternoon. 20 Lj~rp e e 0.-=s+eaio.4~y■t■!~ ■fw~■iya _ _ •r..-,.__.-_ • Building Code Board November 28, 1995 Page 13 Doyle: 4:00 is fine vAth me. Eassa: Any objections to 4:00? None stated. Eassa: Is there any other new business that we should be addressing at this time? Doyle: None that I'm aware of. Kniatt: I make a motion that meeting be adjourned. Eassa: I second. Meeting adjourned. • i 21 7 • • Minutes Building Code Board December 12, 1995 II. Eassa stated t:.at the second item on the agenda was the continuing review of the Uniform Building Code. Doyle asked if anybody had any questions. McCain said she had a lot of questions. She wanted to know if she should go through each one. She said she read and changed one or the other as indicated. She commented on the first page on number 21. Doyle asked if there were any questions on the latest revision. McCain said she had a question on 505.3 number 2. Doyle said Section 505.3.2 in the 1994 adition said Section 904.2.6 for vro,ip H, Divisions 1 and 2 Occupancies. Apparently the section number as printed in the UBC was incorrect, and it should have been 904.2.5.1. Section 505.3.2 • is referring only to Divisions 1 and 2. Section 904.2.5.1 refers to Divisions 1,2,2 and 7 Occupancies. McCain said there are so many changes to the divisions about sprinkler systems. We have a whole new section at Number 34, UBC Section 904.2.3.1 reads as a whole different item for the • paragraph. It was about drinking establishments and the new paragraph is about standpipe systems. Doyle said it was • about persons wishing to inetall sprinkler and standpipe systems. McCain said a new paragraph should have a title somewhere at the top. They should have a similar short title like in the black print. It should say something like quality 22 r, • • I BCB 12-12-95 installation. Doyle said he tried to take the current sprinkler ordinance requirements and plug them into the 1994 edition and some of the sections that were being deleted out of the 1994 edition because they didn't apply to the current sprinkler requirements. We tried to use the appropriate section numbers out of the 1994 edition to add the sections of the current sprinkler requirements. We might not have in some cases. McCain said she understood and wasn't really arguing with that but that she thought people are really going to refer to this manual. She said she assumed this code is going to be revised in accordance to this and asked if that was correct.? Doyle replied that it was correct. McCain said it would be helpful if new paragraphs had titles in the same manner that the new listing paragraph. If you were just paging through looking for something you would not have to read a whole paragraph to see what it is about. The paragraph as such could be clarified to a new paragraph. Fykes asked if it was a new paragraph or an addition to that paragraph. Doyle answered it was not an addition and that was new because 904.2.3.1 does not apply and is not part of the current sprinkler requirements. He said while trying to stay with the current sprinkler requirement there was a lot of the section that had to be deleted. Woods asked McCain if the title should be sprinklers. McCain said the title should be installer requirements. Kniatt said an installer should have a proper cercif:cation or proper license to make sure the person installing the sprinkler system is able and properly licensed to meet Simple requirements for sprinkler installation. He asked if there were any requirements in the city for a license for a sprinkler installer. Gillette said sprinkler _nstallers are licensed through the state fire marshal's office. Fie said i they have the power to do whatever is needed through the state and unless it's somebody who owns the property and is doing it • themselves then there is not a whole lot that we can do other than make sure that it's installed properly. Kniatt said it was not defined that way. He said on page five all person i wishing to install sprinkler systems within tie city. Fykes said he thought that the owner could do something like make modifications and the modifications could only be changing heads out or something like that. Kniatt said Gillette said • that they could by the code. Gillette said technically if you sit down and read the fine print fraT.i what he could tell they 0 0 J could, but they come through his office showing :Tow they are going to do it. 23 19 4 a - • , • i SCB 12-12-95 Woods asked if those would have to be inspected also. ` Gillette said it is the intent that an inspection be made if they change the modification so that we can go out and make sure that it is installed properly. If someone were constructed that's where the state license is required. Kniatt asked if the owner of the building for example Moore Business Form went out and modified their sprinkler system in the building if they could modify it themselves it they furnish drawings and make changes to it. He asked if Ciey have a state licensed person come out, for example Peterbilt. Gilletta answered that they could do their own. Kniatt asked if they could do their own as long as they submitted a drawing and met the code as long as their insurance company would approve or if their insurance company said that it was okay and they had a man that was qualified to do it. Eassa asked when you say "they" who do you mean "they" with their own personnel J.n the company or "they" contracting a contractor. Gillette said the contractor has to conform to local and state standards. He has to be licensed. Eassa asked if they go cut of house, do they have to have someone with a license. Kniatt said they have to have a license. Gillette also said yes. Eassa said if they do it in-house they can do it by themselves. Kniatt said that was the same way with air conditioning. Gillette said that was right, but they still have to come get a permit. Kniatt said if someone calls him he would have, to have a license. If he installs a heater in a house and that's the only appliance, he is installing according to the state, and he can run a gas line for that particular appliance out to the gas connection. IE there is any other connection or anything else being done there has to be a plumber. He said if there were'no' gas in the house and the gas was running down the street he could technically be allowed to put in that gas • line. Eassa asked if he could as long as it's to a single appliance. Kniatt said he could as long as it's to that appliance. He said if they hook a washer to it, dryer or hot water heater then you have to have a plumber. Woods told Kniatt they had a stronger union. Kniatt said yes they do, this does not stop anybody from doing it in-house. Eassa asked if this was for the builder. Gillette said no it's a • mechanism for us and that they still needed to come get the permit so that they can inspect what they are doing. • • Kniatt asked Gillette if he still liked to have a permit if done in-house. He said he read where you still have to submit 24 5b • BCB 12-12-95 a permit or submit two copies of a drawing. Gillette said this is worded identically to the previous sprinkler ordinances. McCain asked if the City has any limit on how long you can hold those drawings before you release them? She said she has not received the drawings on the hotel we submitted several weeks ago. Gillette said that was right. He said they would issued the permit for three months and than depending upon the situation they would approve it based upon if they need extra time. Normally that hasn't been a problem like the slower projects. we had that happen at our library which took a year and so obviously that was honored. McCain said when the drawings are submitted to you, you approve or disapprove or recommend changes. She asked if they stay in your office for no one to see. Gillette replied no. He said actually that particular project, the sprinkler contractor used the wrong sprinkler head. He capped it one way and put it in another way. I called him and he's supposed to make the changes. McCain said there's a third party involved that kept the new ones. We understood that the drawings would come back to us. We were going to make our changes subject to your changes which we had already discussed with the contractor, but he's already working and we haven't got that in writing yet. Gillette said they will come back. There's a couple of things that they didn't provide enough information that we can correct. McCain said back to her point about this that we don't need to dictate paragraph headings; but it seems to me that when it's all writte:: up, that these paragraphs should have a heading. Doyle replied that the ordinance that comes out of the legal department isn't going to look just like this. The words will be more or less the same but the headings will be in place. Kniatt said they may even change the format around. Eassa asked if there will be headings where there is no headings f Doyle said there would be headings where needed. For example in 432, amend UBC Section 909.2.1. where required to read as follows: An automatic fire-extinguisher system shall be installed in the occupancies and locations as set forth in this section. Now the heading will be where required. He said the end of 32 indicates all places where sprinkler systems are to be installed. The heading could be the same as • in the current ordinance Fire Extinguisher Systems. When this is taken to legal, an attorney and i will be meeting O quite a bit I'm sure to work things out so that they get in the code properly. 25 -57 • • BCB k 12-12-95 Kniatt asked Doyle if he had any input from any cont:-actors or any builders on the changes that were going to be recommended on the square footages or anything like that Doyle said no. Kniatt said they were all going to be here as I recall to see that changes were made. Doyle said that might happen later. Kniatt asked if they were going to wait until after the fact when everything is done and then complain.Doyle said they may wait until it goes to City Council and go to the meeting. McCain said she guessed the City Council will have it after this. Doyle replied that it will go to the legal department next and they will put it in ordinance form. Then it will go to the City Council. Fykes asked if 37 is basically just saying the fire department will be there to test the system to be sure the pressure flow is as designed. Doyle said that was right and that's the way it reads now in the current ordinance. Fykes asked if that is standard for other cities. Gillette said yes it was standard to require that system. Fykes asked if it was standard to have fire department present. Gillette said yes and it depends how their city is structured. Dallas went through, for example, a period when the building department did sprinkler inspections. Now it has gone back, but that's still standard. A representative with either building or fire will go out and witness the test obviously because there's an interest to make sure that it works. I know Lewisville building people make sprinkler inspections. The fire marshal is actually the building official. Kniatt said on page 8 that shut off a standpipe or automatic sprinkler system without approval from the fire marshal then you say prior approval there. He asked if firemarshal was added to that. Doyle said it said fire chief. Kniatt said now it's fire marshal or fire marshal's office. He said he had to shut the sprinklers off one day at the Old Country Buffet. And we called security at the mall and the security man at the mall went out and shut it off, but lie didn't have • to call the fire marshal's office. I think the alarm went off. Fykes asked when the alarm went off if the fire department shows up. Kniatt replied yes and said this happened about 'our or five months ago. Gillette said normally in Golden Triangle Nall the security guard will call. Previously he would call. I've picked up the phone when he's called saying they were shutting the system down, he notifies • thee dispatcher. Whatever happen that particular incident I don't know. Kniatt said he didn't know either. He came and O • complained to me because I was in there. Fykes asked if that should be an approval or notification. 26 ~02 • • BCB 12-12-95 Kniatt said it should be notification. They should notify you if there are going to do it. He didn't know whether they have to have prior approval of it or not. Doyle said they might, depending on what is happening out at the location. Kniatt said they had a sprinkler head for a walk-in freezer and it froze and was leaking water and I had to shut it off. I had no choice. Gillette said 99.9- percent of the incidents I would tend to say that sure there will be one of those deals, but there have been situations where they just turn it off in the winter because they just felt like that was exemptible. Kniatt said it was not and they still have to have approval for it. He said no main should be shut off. Gillette said Texas Instruments when they came down here was an example of that and they were not approved. They just did it. Kniatt asked if they gave notice they were shutting it off. Gillette answered that they did not. Kniatt asked that's what we're saying if they had given you notice that day that they were shutting it off and you had objections to it then object to it. I don't know if you want to get prior approval from everybody on it. Like the mall, they have to shut it off over there. He asked if they have 24 hour approval or 3 hour approval or next day approval or after they do It approval. Jones said he would make them have a set time limit for approval just as long as they call and get approval from us. Eddie Wisdom here in town goes to the concrete warehouse where the Martino's properties, shuts down his systems and as he's working on it, it sets off the alarm and we come. It takes all equipment out of service to get out there. Then they say they should have told you they were just going to be down for a few minutes, no big deal or anything. It's your tax money if you want to waste it that way. Kniatt said the thing is you're asking for prior approval if you go out there and he has an emergency. If you go out to the Russell Newman building and he runs out there right away and lie calls you and says we're going to shut it off. Then he doesn't need prior approval. Notification before he shuts it off is what I am trying to say. Eassa asked if prior notification is all you • want. Jones said we say there is no problem. Then we'll call dispatch. Hi3 approval is going to be when we say okay go ahead. That's an approval. Kniatt said like I just told r John, we go to the mall and went to'security; security went out and turned it off; security bled the system down and 15 minutes later the fire department was there. They asked what are you doing in here. Jones said someone should have gotten • a citation. Kniatt said I don't know if they did. I know I didn't shut it off. McCain asked if all they got was a • citation. Jones said yes, up to $2,000. Kniatt said if they tail them and let them know that they are going to do it to get them notification and approval. Gillette said there 27 • • sca 12-12-95 could be an incident though if there are multiple systems and the guys turning off the wrong valve; we don't want them turning off five systems, just one system down. Unless the underground breaks, that is going to be the only exception to the rules. That has happened before where the main water is going to the building. The guy wants to turn off five systems then you don't know what it is and that's not going to be acceptable because that leaves five risers in a large plant down. That's kind of where the approval we would be asking what are you shutting down? What for? How are you doing it? Knaitt said notify the fire department prior to shutting it off and then if there is going to be any changes after that the approval or your approval to go out there before they do it they should notify you and if it doesn't go back on within a certain length of time they should notify you when it goes off and notify you when it goes back on shouldn't they? Gillette said they do. Eassa asked should we state that. Doyle said if they notify the fire marshal's office and the fire marshal's office has some reason that. they don't want it turned off then you can tell them not to turn it off. Woods asked wi).l one of you say notification on the single system and approval on a multiple system. Jones asked why go into such detail what's wrong with just an approval. Woods said because just an approval means the fire chief isn't here right now and no you can't shut it off. McCain said go back to page 1, paragraph 2, 201 change. A single permit may be used for all apartment buildings. In an apartment complex there may be a building which is not an apartment building. What is meant which is not an apartment building? Woods said where the manager's office is. McCain asked if the manager's office could be covered under buildings within an apartment complex? Doyle said yes. McCain said on page 1910 it talks about the energy { conservation code. We talked about that once before under 1301.a. Exterior bottom plates must be sealed with adhesive • or caulking. when we read that before i thought there are better ways to do it than those two. Heaters that are fiberglass sealed and foam filled in opinion are more r effective than adhesive or caulking. we agreed then that we would add "or other approved means". Doyle said yes. McCain said there's no point in keeping people from doing something better than they are now. Doyle said we can add gr other s approved materials. McCain said she was not clear about what is meant by over solid framing in section g at the bottom of O J the page. What would solid framing be? Doyle said if you're talking about studs then it would be metal or wood studs. McCain wondered if a stud is what you meant. Doyle said yes. 28 S ti. 1 • • BCa 12-12-95 McCain asked why do you require more insulation in apartments than in single family. Doyle said both sections of this ordinance didn't happen at the same time. we had the first part a number of years and then a few years ago we were getting so many complaints from apartment tenants about high utility bills that the board did an energy conservation ordinance just for apartments. McCain said that it would be nice to require the upgrading on everyone else, but on the other hand the builders don't care and people don't know enough to check that out. Doyle said that at the time the board did the energy conservation ordinance they didn't want to require that for single family homes. McCain said she had another question about number h in the next paragraph regarding apartment buildings. It says one layer of minimum four-mil plastic sheeting shall be applied to wall finish material. She asked if that means interior wall finish. Doyle answered indicating it was for the exterior wall. Fykes replied that it was the interior side of the exterior wall. McCain asked if it should it say "behind" the interior wall finish. Doyle said we have always interpreted it to mean the exterior walls. Fykes said behind the wall finish material means all walls surrounding the condition area so it means the exterior walls. McCain asked how is that inside. Fykes said it says under the finish material. Doyle said it is inside the exterior walls. McCain said it is finish material on both sides. Eassa asked if there was any further review. He asked if we should accept the information as read. Fykes made a motion that the amendments to the sprinkler ordinance be approved as written. Doyle asked if the motion could be changed to approve Volume 1 of the Uniform Building Code as amended. Fykes made a motion to approve Volume 1 of the Uniform Building Code as amended. Eassa asked for a second. Kniatt seconded the motion. Eassa said the vote is 5 ',ayes". Motion carried unanimously. • Doyle did not think there was anything in Volumes 2 and 3, which are engineering and code standards that should be changed. Kniatt asked if they need to be adopted. Doyle said yes. Kniatt made a motion to adopt Volumes 2 and 3. Eassa asked if there was any discussion. Kniatt added with no changes. Woods seconded. Motion carried unanimously. Eassa • asked if that's the end of the 1994 Uniform Building Code - ~ review. • • III. Eassa asked if there was any further new business. Jones said obviously now is the Uniform Fire Code. Fykes aske3 if #50 29 c • • BCB 12-12-95 remains current now as indicated in UBC Section 904.5.1 to reads as follows: General Standpipes shall comply with the requirements of this section and U.B.C. Standard 9-2. He asked if it was what he was looking for. Jones said yes. Gillette said part of it was in there. Jones said it was more restrictive than the Building Code. The UFC tells them where they have to be located. Doyle said he thought it had been corrected. Gillette said that is why he had been looking. Doyle asked which one he was talking about. Gillette asked Doyle if Section 51 was talking about the first submittal. Doyle replied yes. Gillette asked if it would be 48 on this one. Jones said this iE the one we talked about as standby where there are required types. Gillette said 14 tells you how it is installed and where on the landing. Fykes said it amends 429. He said #29 in the old sprinkler ordinance still stands and it goes through 3 stories of hose. Doyle asked where that was located. Fvke3 said 29 was located in the old sprinkler ordinance and #5u was located on 1916 in the old sprinkler ordinance. Doyle said that was not clear. McCain said 904.5.1 General Standpipes shall comply with the requirements of this section of the latest addition. Doyle asked where McCain was reading. McCain said in the Building Code. Gilletts said your right. He said the section deleted was directly from that page where Section 904 5.2 is located to the next page 7. McCain said there were a lot of changes. Gillette asked if Standard 9-2 is the older standard. He said Standard 14 is the most current addition. He said the newest is normally 2 years behind. The process is for 4 years per code and the revision is on a 3 year cycle so NFPA can be two revisions behind like here. McCain, asked how long a piece of literature is NFPA 14 and if it could be added to the codes. Gillette said no. He said NFPA does not tell you where the • outlet locations are. It tells you how it should like welded or measuring the hose but it does not tell you what landings such as in the stairwells. Jones said NFPA14 we allow someone to build a high riser as the 1st State Bank and install the standpipe right up though the middle. Gillette asked if there was one standpipe. Jones replied yes, one. He said that in most fires it is inoperateable in a fire they are usable to • get to the standpipe to use it. The standpipe should be run through the stairwell which provides an extra 2 hours fire O O separation that you can base your landing. He said That was ! the whole criteria. 30 • • I BCB 12-12-95 Gillette said Section 904.6 talks about temporary standpipes for buildings under construction that are high risers. Doyle said in the current 29 as indicated amends U.B.C. Section 904.5.1 General, under Standpipes by changing UBC standard 9- 2, so that it is only amended and delete 904.2 through 904.7. Section 904.5 should be left alone. In the U.B.C. with the exception of changing 904.5.1 from UBC standard 9-2 to NFPA standard 14. He asked somebody would make that motion. Woods made a motion to change it as stated by Doyle. Doyle reiterated that the only change in the standpipe section was to change UBC standard 9-2 to NFPA 14. Eassa asked for a second. Kniatt seconded the motion. Eassa said the motion carried unanimously. Kniatt said the Amendment reads as follows: Standpipe System latest addition NFPA 14. Doyle said yes. i i e 1 1 • • 31 • i building Code & and Minutes September 17, 196 Agenda it(m II concerning the review of new proposals related to adoption of the '94 UBC. Doyle said that the fire chief, fire marshal, building official and chamber of commerce representatives had further reviewed certain aspects of the proposed building code ordinance and recommend some additional changes. Doyle indicated that when the current sprinkler ordinance was written certain trade-offs were included. Doyle said that some of the trade-offs were too broad and needed to be tightened up somewhat. Doyle said that the current ordinance would permit highrise hotels and office buildings to be built without fire-rated corridors. Doyle said that building inspection and the fire department believe that trade-offs concerning corridor walls and ceilings, corridor doors and duct penetrations should be limited to buildings not exceeding three stories in height. Kniatt asked if the Texas Building was sprinkled when it was remodeled. Jones said it did not have to be sprinkled. Kniatt asked if the board could add sprinkler requirements for such buildings. Doyle said that it would require an ordinance amendment. Kniatt asked if the new arc gallery on the share would be sprinkled. Jones said it was not required to be sprinkled because of its door area. Yager„ann said such an amendment would be hard to do. Doyle indicated another proposed change would require sprinklers in buildings used for consumption of alcohol in rooms over 5,000 square feet in area and in basements in Group A occupancies which exceed 1,500 square feet. Other uses proposed to be sprinkled include multi-theatre complexes and amusement buildings in -which A the exits are purposely made difficult to find such as funhouses at f.airs and carnivals. 'H'oods looking at information provided by the building official ' asked why airport control towers are not required to be sprinkled. Doylw said that he did know what ICSO's reasons were. Jones said that representatives from - Addison and Farmers Branch - fire departments had met with the airport board and discussed NFPA • p standard 409 concerning aircraft hangers and they agreed this was the standard they wanted. Hagemanz asked if the city was advocating the use of diluge systems? 32 J 0 • • r • Building Code Board Minutes September 17, 1996 Doyle said that another purposed addition would require sprinklers in all buildings with floors with an occupant load of 30 or more when the floor level is 55 feet or more about the lowest level of fire department vehicles access. Doyle said that Group E, Division 1 occupancies will be required to be sprinkled. Doyle said that this addi:ic~ may be a little redundant since most Gro+.,p E, Division 1's will be required to sprinkle due to floor area. Kniatt moved to increase the SEER rating for air conditioning units from 9 to 10. Woods seconded. Motion carried unanimously. Agenda item III concerned new business. Doyle said that the board needed to meet soon for six substandard building public hearings. Doyle asked if the board could meet Thursday, October 3. The board agreed to meet on that date at 4:00 p.m. Doyle cautioned board members not to go on private property when looking at the substandard buildings. Meeting adjourned at 4:35 p.m. • r r t 33 • • I Minutes Building Code Board November 12, 1996 i Eassa: The third thing on the agenda is to approve the proposed amendments discussed at the September 17 board meeting. Doyle: If you recall we talked about some proposed amendments to • the proposed ordinance. But the board didn't say yea or nay. These were items that the fire department and building inspection division thought should be changed or added to the proposO ordinance. I think most of those are included in the minutes of September 17, when we discussed these items. On September 17, I didn't hear any protest or anything and at the same time no one made a motion to accept or deny or not deny. Eassa: where are they on the September 17 agenda. • 0 Doyle: Agenda item number two. At the bottom of the first page. That's where it starts. When the ordinance was originally written and adopted we made some trade-offs in order to get it adopted. 34 • • aca 11-12-96 I One of the trade-offs was to not require fire rated corridors or fire rated corridor doors, in buildings that were fully sprinkled. We think that was a little vit too much of a trade-off. That means that you can have 20 story buildings with non rated corridors and we would like to limit that trade-off to buildings that are no more than 3 stories high. That's one of the items. Nelson: Are yon going to put an area requirement too or just height. Doyle: Just height. Another proposed item required sprinkler systems in a Group A occupancy an assembly occupancy having a room over 5,000 square even if it is noncombustible structure. The way the ordinance reads now, if it is noncombustible construction and under 10,000 square feet you can have a bar, night club, whatever without having to sprinkle. We don't think that is a good idea. Tones: Is that going to take care of the A-3. Doy?e: Yes. Eassa: Is there somewhere where these amendments have been put into the code so that we could then look at them and approve them? Doyla: That may be the last thing in the back. I'm really not sure that they're all in here if they're not obviously they would be if they've been approved. Yes, they're in there, on page 9 Item 7 coves the A-3 assembly occupancy. There were some changes made because in a couple places we had the same thing in two different places. we can do this however you,want to do it. Eassa.: To me I think we should go through the ordinance. Doyle: Okay the first item is on page 5. Item number 3. The reason that it is deleted is because the current ordinance says that in a single family dwelling if you exceed 5,000 square feet • you have to sprinkle the 5,000 square feet includes the garage area. You could build a one hour wall to separate the living area from the garage without having to sprinkle. Well, in the proposed ordinance tha+:'s not permitted. So you can build up to 7,500 square feet in--luding garage. That is the reason that was marked out. We were going to delete item 16 "modifications" because of some modifications that are listed in another part of the code. e However, we now believe this section should not be deleted. This , is the way the 194 reads: The following :modifications of code ~ O n requirements are permitted: In buildings of Type I construction the fire resistive time periods set forth in Table 6-A may be reduced by one hour for interior bearing walls, exterior bearing and nonbearing walls but no reduction allowed for roofs. Vertical 35 Y. - a 771, • • aca 11-12-96 shafts over other than stairway enclosures and elevator shafts may be reduced to one hour when sprinklers are installed within the shaft at alternate floors. The fire resistance time period reduction as specified herein shall not apply to exterior bearing and nonbearing walls whose fire resistive rating is less than four hours. ) Eassa: 17 is correct? Doyle: Yes. Go on over to Item 19 Automatic Sprinkler Systems. Automatic sprinkler systems part 2 is amended to read as follows: Section 28-28 (31) 13 of the code of ordinances. That's where this section is. All we did was change section number. That's all we did in Item (20) below is change the section number. Eassa: So the old (22),(23),(24),(25) and (26) are correct now? Doyle: On page 7 the old (20) and (21) are correct now. We didn't do anything else on that page other than change the numbers since we didn't delete (16). Then over on page 8, new (28) should have referred to Section 902 Parts 1 and 2. The new (31) Part 1 currently reads: An automatic sprinkler system shall be installed in all new buildings of noncombustible construction which exceed 3 stories in height or which have more than 10,000 square feet of floor area. Change the phrE.se, "other than Type V construction" to noncombustible and in number 2 change it from Type V to combustible. Type V is not the only type of combustible construction and that is the reason for the change. On page 10, number 14 concerning NFPA 409, Group S, Division 5 has been added. There are 2 occupancy groups for hangers one is S•5 and one is H-5. The current ordinance includes all hangers and we should change this to make it include all hangers. Jones: what would be a Group S? Doyle: Group S includes storage hangers where no major repairs are done. i • Jones: This is fine just like it's written. r Doyle: This way it covers an S-5. I don't think that hurts anything. Page 11, number 17 has been added and requires that automatic fire sprinkler systems be installed in all buildings containing Group E Division 1 occupancies. Exceptions include O buildings of less than 7,300 square feet of combustible contribution and buildings of less than 10,000 square feet when of • j noncombustible construction. Next one is (39) which has been added J which covers 904.2.3.7. Page 13 904.2.5 concerns sprinkling of Group H occupancies. It doesn't need to be there because it's 36 {li r ~.,....i._.._..._ _.~.xP - n, -lip N- I'M • • r BCB 11-12-96 already covered in item (31) the section that indicates where sprinklers are required. Delete 909.2.5.2 Group H Division 6 for the same reason. There is one section we wanted to add. We added it to item (8) which is Section 109.L Use and Occupancy. The Uniform Building Code does not require that certificates of occupancy be issued for Group P. Division 3 occupancies. We are having problems with people moving into new homes before we make all the final inspections and we would like to have something to keep that from happening. Basicly what we propose is that section 901.1 add a new sentence to read as follows: Although a certificate of occupancy is not required for Group R Division 3 occupancies any person firm or corporation to whom a building permit is issued for construction of a new Group R Division 3 occupancy commits a violation of this ordinance if the building is occupied prior to all required final inspections being performed and approved. Dobias: Could you be a little bit'more specific with the problems you are haring? Woods: Whert is this occurring at? Doyle: There are some builders we are having problems with that are letting people move into new homes before they are finished and before we make all the inspections that are required to be made. Dobias: What would you do with somebody who did that? Hagemann: It says it's a violation so? Doyle: We issue them a citation. Hagemann: For what? What I'm saying is, well all you are telling them right here is that it's not required. Doyle: What's not required. Hagemann: A C.O. A C.O. is not required for a Group R. Why don't you just require C.O.'s? r Doyle: Because that would involve a ton of paperwork that we don't nee..' to do. Hagemann: I'm just thinking, I can read this and go ahead and move ti • in. You give a citation, I fight it. I think a lawyer can pick • • this apart. Doyle: A lawyer is reading it now maybe he can fix it so it will work. That is a problem we have been having and we would like to 11 37 (0~7 4: r . i 1 &,17 .e: • • BCs 11-12-96 have something to stop it. Hagemann: You know I think what bothers me here is the first sentence and if you could take that out and say that its a violation. Dobias: If you start out where it says any person or persons. Hagemann: Jackie that is why I said what I said because I read this and say you don't need a C.O. You are not saying that but you could read it that war. Dobias: Could you set it up so that a person can't move in if there aren't any utilities. Doyle: They always have utilities before they finish. Eassa: So can we change the wording here to Doyle: Yes, that any person firm or corporation to whom a building permit is issued for the construction of new group R Division 3 occupancy is in violation of this ordinance if the building is occupied prior to all the required final inspections being performed and approved. Eassa: well we heard the ordinance read and revised. Do I hear a motion that the ordinance as read and revised is approved? Hagemann: Move that we approve. Wood: I second. Dobias: I have a question. I thought we were going to check on one section though. Doyle: Yes. • Dobias: How is that going to be done? Jones Item (39). Hagemann: I amend my motion that we approve everything except ' (39). • Motion carried unanimously. • • Doyle: I will find out what happened to (39). Eassa: Is there any new business to be conducted? 38 Moog • • Agenda W. _7-,I oy - ° Agenda 11ZQ D Date IF a CITY OF DENTON, TEXAS FIRE DEPARTMENT MEMORANDUM To: The Mayor and Members of the City Council From: Ross Chadwick, Fire Chief Date: February 4, 1997 Subject: Adoption of the 1994 Uniform Fire Code The City of Denton adopted its first Uniform Fire Code in 1973 with the.1971 edition. Currently we are under the 1991 edition. We respectfully submit the 1994 edition with local amendments for your approval. The Uniform Fire code sets forth provisions necessary for fire prevention and fire protection. Published by the International Fire Code Institute, the Uniform Fire Code is endorsed by the Western Fire Chiefs Association, the International Association of Fire Chiefs and the International Conference of Building Officials. Beginning with the 1994 edition of the Uniform Fire Code the publisher has changed its format substantially. The main purpose is to be consistent with other nationally recognized standards. The types of occupancies have been renamed to be consistent with the 1994 Uniform Building Code. The Uniform Fire Code and Uniform Building Code are companion codes. The Uniform Building Code regulates a building while it is being constructed. The Uniform Fire Code regulates a building or occupancy after it has been constructed. • The local amendments to the Uniform Fire Code specifically address the needs of the City of Denton. Currently the fire department inspects businesses semi-annually. We have received numerous complaints with the frequency of inspections. We are concerned with the quality of inspections verses quantity. We ask to change the local amendment to read annual inspections. • Fire Sprinkler requirements are found in the 1994 Uniform Building Code and we support the changes submitted. By ordinance the Fire • J Sprinkler requirements were deleted in the Uniform Fire Code and inserted in the Uniform Building Code. RC/lh 217 WEST McKINNEY STREET DENTON, TEXAS 76201 OFFICE (817) 50.8110 FAX (817) 566.8109 + t i r~ • • firecode.94 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1994 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE- ESTABLISHING PERMIT FEES; PROVrDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SFVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article I of Chapter 29 of the Code of ordinances is amended to read as follows: ARTICLE I. GENERAL PROVI8ION9 Section 29-1. Uniform Fire Code Adopted. There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Codes and Standards known as the Uniform Fire Code, including Appendices I-C, II-A, II-B, II-C, II-D, II-F, II-G, II-H, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B and VI-E, and the Uniform Fire Code Stan- dards, published by the International Fire Code Institute and International Conference of Building Officials, being particularly the 1994 editions thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 29-2 of this ordinance. A copy of said Fire Code and Standards is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fLlly as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within 5,000 feet thereof, where specified therein. Section 29-2. Amendments. The Uniform Fire Code, as adopted in Section 29-1, is hereby i amended as follows: A. By the deletion of the following sections in their entirety: • 1. Sec. 103.2.2, Fire Prevention Bureau • • 2. Sec. 103.2.2.1, Fire Prevention Engineer or Fire Marshal I i ~ ti • • f 8. By the amendment of the Uniform Fire Code as follows: 1. Section 101.5, entitled Liability, is amended by adding a third paragraph to read as follows: All regulations provided in this Code are hereby declared to oe governmental and for the benefit of the general public. Any member of the City Council, any city official or employ- ee, or any member of the Building Code Board charged with the enforcement of this code, acting for the City in the discharge of his duties, shall not thereby render himself personally liable, and lie is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of his duties. Any suit brought against such official or employee because of such act performed by him in the enforcement of any provisions of this Code shall be repre- sented by the City of Denton through its designated attorney until the final adjudica- tion of the proceedings. 2. Section 103.4.5, entitled inspections and Unsafe Buildings is amended by changing the last sentence to read as follows: All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition it removal in accordance with the procedures specified in the Minimum Housing and Building Standards contained within chapter 28 of the Code of Ordinances of the City of Denton, Texas. • 3. Section 103.1.4, entitled Appeals, is amended to read as follows: i 103.1.4 Board of Appeals. In order to deter- mine the suitability of alternate •aterials and types of construction and to provide for I reasonable interpretations of the provisions ! • of this Code, the Building Code Board as created and organized under Chapter 28 of the • • Code of Ordinances shall pass upon all perti- nent matters. Whenever the Fire Marshal disapproves an application or refuses a permit applied for, or whenever it is claimed that PAGE 2 1 »....A. • • s . the provisions of the Code do not apply or that the true intent or meaning of the Code have been wrongly misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to said Board within thirty (30) days from the date of the decision appealed. In addition to such Board, the Fire Marshal may request the additional members be appoint- ed for specific rulings or interpretations. Such members shall be voting, ex-officio members and appointed by the Chairman of the Building Code Board to assist in the determi- nation and/or ruling of a specific issue or case. Such appointments shall be temporary until the ruling is rendered. No more than two (2) members shall be appointed, each having experience in the matter of question. The Board shall adopt reasonable rules and regulations for conducting this investigation and shall render all decisions and finding in writing to the Fire marshal with duplicate copy to the appellant and may recommend to the City Council such new legislation as is con- sistent therewith. 4. Section 103.4.4, entitled Citations, is amended to read as follows: 103.4.4 Citations. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under their control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the chief or his duly authorized representative shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued. A persor convicted of violation of any provision of this Cade shall be guilty of an offense punishable by a fine not to exceed • two thousand dollars ($2,000). • • 5. Section 105.8, entitled Permit Required, is amended to read au follows: PAGE 3 9 _ G ,I lisp • • E 105.a Permit Required. A permit shall be obtained from the Fire Marshal prior to engag- ing in the following activities, operations, practices or functions: a.l. Automatic Fire Alarm Systems, Auto- matic Fire Extinguishing Systems and Standpipe Systems. To install, con- struct, modify or alter any automatic fire alarm system, automatic fire extin- guishing system or standpipe system; provided however that the permit required herein shall not apply to the installa- tion of single-station smoke detectors in R-1 and R-3 occupancies. b.1 Bowling pin or alley refinishing. To conduct a bowling pin refinishing or bowling alley resurfacing operation in- volving the use and application of flam- mable liquids or materials. See Article 26. c.l. Candles and open flames in assembly areas. To use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking estab- lishments For definition of ASSEMBLY, see Article 2. See Article 25 for open flames and candles. c.2. Carnivals and fairs. To conduct a carnival or fair. See Article 25. The chief is authorized to require plans of the grounds to be submitted. e.1. Explosives and Blasting Agents. For permits for explosives or blasting agents, see Article 77. i f.l. Fire hydrants and water-control valves, To use a fire hydrant to oparate a water-control valve intended for fire- suppression p,jrposes, see Article 9. • f.2 Fireworks. For permits for fire- • • works, see Article 78. f.3. Flammable or combustible liquids, See Article 79. PAGE 4 S ' a' Z~ owl 01 w-I • I. To use or operate, repair or modify a pipeline for the transpor- tation of flammable or combustible liquids. 2. To store, use or handle class I liquids in excess of 5 gallons or in a building or in excess of 10 gal- tons outside of building, except *'iat a permit is not required for the following: 2.1 The storage or use of Class I liquids in the fuel tank of motor vehicles, aircraft, motor boats, mobile power plants or mobile heating equipment, un- less such storage, in the opin- ion of the chief, would cause an unsafe condition. 2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for mainte- nance, painting or similar pur- poses for a period of not more than 30 days. 3. To store, handle or use Class II or Class III-A liquids in excess of 25 gallons in a building or in ex- cess of 60 gallons outside of a building, except for fuel oil used in connection with oil-burning equi- pment. O 4. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than approved, sta- tionary on-site pumps normally used for dispensing purposes. 5. To install, construct, alter or - O operate tank vehicles, equipment, • O tanks, plants, terminals, wells, fuel-dispensing stations, refineries / distilleries and similar facilities j where flammable and combustible PAGE 5 lc f • c 0 • • liquids are produced, processed, transported, stored, dispensed or used. 6. To install, alter, remove, aban- don, place temporarily out of ser- vice or otherwise dispose of flamma- ble or combustible liquids. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material other than that for which the tank was designed and constructed. h.l Hazardous Materials. To store, transport on site, dispense, use or han- dle hazardous materials in excess of the amounts listed in Table 105-C or to in- stall, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by Article 80 when the hazardous materials in use or storage exceed the amounts listed in Table 10S.C. h.2 Hazardous production materials. To store, handle or use hazardous production material in a Group H, Division 6 Occu- pancy. See Article 51. h.3 High-piled combustible stock. To use any building or portion thereof exceeding 500 square feet for high-piled combusti- ble storage. A floor plan showing the dimensions and location of stock piles and aisles shall be submitted with the • applications for such permits. See Arti- cle 81. 1.2. Liquid- or gas-fueled vehicles or equipment in assembly buildings. To display, compete or demonstrate liquid- or gas-fueled vehicles in assembly build- f • ings. See Article 25. • (p J m.2. Mall, Covered. See Article 35. To use a covered mall in the following man- ner: PAGE 6 • I kI A. Placing or constructing temporary kiosks, display booths, concession E equipment or the like in the mall B. To use a mall as a place of assem- bly. C. To use open-flam_ or flame-producing appliances. D. To display any liquid- or gan-fueled equipment. 0.1. Open burning. To conduct open burning. Where burning is conducted on public property or the property of some- one other than the permit applicant, the ! permit applicant shall demonstrate that permission has been obtained from each appropriate government agency, as well as the owner or the owner's authorized agent. When limits for atmospheric con- ditions or hours restrict burning, such limits shall be designated in the permit restrictions. See Section 1202.3. p.l. Pyrotechnical special effects rAte- rial. For permits for pyrotechnical special effects material, see Article 78. 9.1. Spraying or dipping. To conduct a spraying or dipping operation utilizing flammable: or combustible liquids or the Application of combustible powders by Article 45. t.l. Tents, canopies and temporary mem- brane structures. To erect or operate a • tent or air supported membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclu- sively for camping. See Article 32. b. Sections 203, 204, 207 and 211 are amended to change • the definitions of Fire Prevention Bureau, chief, and 0 jurisdiction amended to read as follows; all other definitions are to remain unchanged: PAGE 7 S ~ • • i i BUREAU OF FIRE PREVENTION is the office of the City Fire Marshal. CHIEF is the City Fire Marshal. JURISDICTION is the City of Denton, Texas. 7. Section 902, entitled Fire Apparatus Access, is amended to read as follows: 902 - FIRE DSPARTME)ff ACCESS 902.1 General. Fire apparatus access roads shall be constructed in accordance with the provisions of article V of chapter 11 of the Code of Cr!iinances. [the remainder of se^tion 902 is deleted) S. Section 1003.2, entitled Required Installations of Automatic Fire Extinguishing Systems, is amended to read as follows: 1003.2 Required Installations of Automatic Fire Extinguishing Systems. An automatic fire-extinguishing system shall be installed and maintained in each occupancy as required by the provisions of section 904 of the Uni- form Building Code, as contained within divi- sion I of article II of Chapter 28 of the Code of Ordinances. 9. Section 1004.1.1, entitled General, is amended to read as follows: 1004.1.1 General. Standpipes shall comply with the requirements of section 904.5.1 of the Uniform Building Code, and the latest • edition of NFPA 14. 10. Section 7701.7.2, entitled Limits Established by Law., to read as follow3: 7701.7.2 Limits established by law. Explo- sive materials shall not be stored within the • city limits of the City of Denton or within • its extraterritorial jurisdiction. PAGE 8 ~r • • 11. Section 7802.3, entitled Prohibition, is amended to read as follows: 7802.3 Prohibition. Except as provided otherwise herein, no person shall possess, store, offer fc- sale, expose for sale, sell at retail manufacture or use c: explode any fireworks within the city limits or within five thousand feet thereof. (a) A person may make use of fireworks for the purpose of a public fireworks display upon the issuance of, and in accordance with, a permit issued for such display pursuant to the provisions of article 5.43 of the Texas Insurance Code, as amended. 12. Section 7902.2.7.1, entitled General, is amended to read as follows: 7°02.2.7.1 General. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited outside of the linits of land use districts designated as Agricul- tural, Light Industrial District, Heavy Indus- trial District or Planned Development Dis- trict, as identified in Chapter 35 of the Code of Ordinances of the City of Denton, Texas. 13. Section 8204.2, entitled Maximum Capacity within Established Limits, is amended to read as follows: 8204.2 Maximum Capacity within Established Limits. within the limits of land use dis- tricts designated as Agricultural, Light Industrial District, Heavy Industrial District or Planned Development District, as identified • within Chapter 35 Code of Ordinances of the 4 City of Denton, Tr:xas, the aggregate quantity of LP-Gas shall not exceed 150,000 gallons of ` i LP-Gas (180,000 gallons of water capacity). The aggregate storage capacity of LP-Gas i outside of these limits shall not exceed 2,000 gallons water capacity. C. By the creation of the following new sectionsc 1. Section 103.3.1.3, entitled Frequency of Inspec- tion, is created to read as follows: PAGE 9 /0 • • 103.3.1.3 Frequency of Inspection. All owners of, occupants of, tenants of, lessees of or persons making use of any building or premises, or portions thereof, when used ae. nonresidential group occupancies, including hotels, lodging houses and congregate resi- dences, as defined by the Building Code, are required to have such buildings, premises or portions thereof inspected annually by the Fire Marshal or his designated representative. Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, in- cluding such other potential hazards or appli- ances as the chief may designate, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread, or which may constitute a violation of this ordinance or any other law or standard affecting fire safety. 2. Section 106, entitled Fire Inspection and Permit Fees, is created to read as follows: SECTION 106 - FIRE INSPECTION AND PERMIT FEES 106.1. Inspection Fees. Each inspection performed pursuant to Section 103.3.1.3 of this Code, as amended, shall be performed free of charge. If the Fire Marshal or his desig- nee observes a violation of this chapter and performs a follow-up inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within r 30 days of being billed therefor as condition ' to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the • person. The fee shall be in an amount estab- lished, and from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary. Follow-up inspection fees for common areas of PAGE 10 • .yam..^~ .-l'~r • • • such buildings or premises shall be charged to and paid by the owner in accordance with the area inspected. 106.1. Permit and Permit Fees. Any permit required by Section 105.8 of the Code, as amended herein, or any permit required by subsection 106.3 thereof, shall be issued only upon payment of a per-mit fee in an amount established, and as from time to time amended, by ordinance of the city Council, a copy of which shall be kept on file with the city Secretary. 106.3. Fire Protection Appliances and Sys- tems. In addition to the permits required by Section 105.8 of the Code, as amended herein, any person, company or business performing the following services shall be required to obtain an annual permit: 1. Operation of a fire extinguisher sales and service company or business. 2. Operation of a fire alarm sales and service company or business. 3. operation of a fire extingu£sh)ng system company or business. Such permits shall be issued upon proof that the applicant complies with all applicable requirements of state law, as amended from time to time. 3. Section 904, entitled Required Fire Flow, is created to read as follows: O 904.1. Required Fire Flow. r 1. When Required. Every development shall ' provide adequate seater capacity fir fire protection purposes. Unless buildings in the development are provided with fire protection by means of an approved automatic sprinkler • system. Each development shall provide the O • minimum fire flow calculated at a minimum residual pressure of 20 PSI. The required demand shall be in accordance with Table No. 904.1-A. PAGE 11 /Z i r • :.r TABLE NO. 904.1-A REQUIRED FIRE FLOW DEMAND FOR DEVELOPMENTS Land Use Flow (GPM) High-intensity commercial and 3,000 !'I industrial Medium-intensity commercial 1,500 Medium-intensity residential 750 Low-Intensity residential 500 2. Duration. The minimum duration for re- quired fire flow shall not be less than 2 hours. 904.2. Automatic Spritakler Protection. If sufficient water supplies exist to satisfy the aprinkle~: demand as calculated by the Insur- ance Service Office Fire Flow Formula (ISO FSRS, Section. 1, subsection 310), as amended, the minimum water capacity required by Section 904.1-A 1 may be reduced by fifty percent, except that in no case shall the minimum capacity be reduced to less than 500 gallons per minute (GPM). SECTION 11. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is • committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. •i i SECTION III. That the fees provided for in Section 106 of the Code adopt--I by this ordinance, originally adopted with the enactment of ordinance No. 87-196, shall be as follows: PAGE 12 13 • 0 n 1. Building Fire Safety Follow-Up Inspection fees provided for in Section 106: Interior Sgyare Footage ggg 1 to 3,000 $ 15.00 over 3,000 to 6,000 $ 25.00 over 6,000 to 12,000 $ 35.00 over 12,000 to 18,000 $ 45.00 over 18,000 to 24,000 $ 55.00 over 24,000 to 100,000 $ 65.00 over 100,000 $100.00 If a second follow-up inspection fee is required because the violation has not been corrected, the following fees shall be charged; 1 to 3,000 $ 30.00 over 3,000 to 6,000 $ 50.00 over 6,000 to 12,000 $ 70.00 over 12,000 to 18,000 $ 90.00 over 18,000 to 24,000 $110.00 over 24,000 to 100,000 $130.00 over 100,000 $200.00 2. The fee for any permit required under Section 105 of the Fire Code, as amended, shall be $50.00 per permit, and $25.00 for each annual renewal, except as follows: a. There shall be paid a fee of $100 for the following permits: 1. Any altezation to an existing tank (combusti- ble or flammable) 2. Outdoor burning, per day 3. Combustible or flammable liquid tank storage • installation 4. Combustible or flammable liquid piping instal- lation 5. Removal of combustible or flammable liquid tank and or piping -i b. There shall be paid a fee of $50 for the following: 1. Permit to install an automatic extinguishing (hood) system. PAGE 13 1 • r . 2. Acceptance inspection of automatic fire sprin- kler (overhead) system. 3. Acceptance inspection of automatic fire sprin- kler (underground piping fire line). 4. Inspection of private fire lines cnd hydrants. 3. A fee of $25 shall be assessed for each annual inspection of automatic extinguishing systems (hood systems) automatic fire suppression systems, and fire alarm systems. This fee shall be payable by the owner or occupant. 4. The permit fee for a temporary sales or display booth in covered malls shall be $25. 5. A fee of $35 shall be assessed for each annual permit, as provided for in Section 106.3. SECTION IV. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any i peraon or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City i of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. BECTIOrr v. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. • B UTION Vi. That this ordinance a%all become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official ' newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 1997. PASSED AND APPROVED this the day of t • ~ ~ • • JACK MILLER, MAYOR PAGE 14 /S a 0 • • I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.,PROUTY,-" ATTORNEY BY. 1 PAGE 15 i ♦ _r • i nternational Fire Code Institute presents the 1994 Uniform Fire Code Update 3 I i /7 r, • IM CI ,y Overview of Revisions In the 1994 UFC, there are 17 new and substantially revised articles and 7 new and substantially revised appendices There are also major changes to the "look" and "feel" of the Code based on organizational revisions and changes in the physical appearance of the Code L t i . r If CI ~ r s A New Appearance 6 x 9 inch format Consistent with new size selected for other Uniform Codes i9 • Editorial Reorganization Ez- Primarily affects administrative and general sections Improves user friendliness Mirrors some of the new common code format for building codes t lV 3) • r • New Numbering System _ Does away with long-standing format used by Uniform Codes. New format uses a decimal numbering system. Section 80.301 (a) 1 will become Section 8003.1.1.1. ■ Consistent with the new numbering system utilized by other Uniform Codes and other model building and fire codes. r(~ 4 • 1. -c IF CI Section 103 spection and enforcement 103.2 Authority for Inspection and Enforcement 103.3 Inspection • Authority to inspect • Right of Entry • New construction and alterations - Inspection requests Fire safety during construction and alterations • Records EE • i f ,l • • "Section 103 Inspection and enforcement k'. 103.4 Enforcement • Authority to issue corrective orders and notices - Unsafe heating or electrical equipment and structural hazards ' - Stopping uses / evacuation - Time limit for corrective notices • Service of orders and notices • Compliance with orders notices and tags • Citations • Unsafe buildings 1 r Appeals • Section 104 control and Investigation I of Emergency Scenes 104.1 Authority at Fires and Other Emergencies 104.2 Investigations 104.3 Records and Reports 1 s~ i J r . • • I 1 Afticle 2 Definitions _ Relocated from 91 U.F.C. Article 9 • y ~T.•ti'(^.+'. • ~ ~ r . C • • .lFC Section 216 i= Definitions Separated Group B, Division 2 into B, F, M and S Revised Group H & New Group U 8 A twUdig n• structure, of a portion thereof, for office, professional or service." Lansac6ona, Including storage of records and accounts, and eating and drinking astabishmenb with an occupant load of less than 50. F-1 Moderate-hazard factory and industrial occupancies including facbry and industrial uses not classified as Group F, Division 2 ncla. F-2 Low-hazard factory and Industrial occupancies Including fa fts producing noncomtwstible or nonezpb" materials which during !Wishing, packing or processing do not Involve a soWlcanl fire hazard. H-2 Occupancies whero combusb'bb dust is manubwiuned, used or generated in such a manner that concentrations and conditions create a fire or explosbn potential; occupancies with a quantity of material in Me building In excess of Arose "d in Table 6001.13,A which prrsent a moderate explosion hazard or a hazard from accelerated burnhy H-3 Occupancies where tiamm" adds, oft than combustible dust are manutoctxed, used or generated. Division 3 Occupancies also include uses wit) a quantity of matrtel in Are buiding in excess of those kited in Table 6001.13 which prow I a h' Are or phyiia hazard. M A building or st ucbm, or a portion thereon, for taro display and sale of mrc handbe, and invoWg stocks of , wines or merchandise incidental to such and adxesaibte to dm public. S-1 Moderate hazard storage occupancies including buldings or porfona of Gddngs used for storage of combdsbible ma dals not dasified as G S Di elsion 2 at G H Ocamarteiss. S-2 Low-hazard Wrap occupancies indudN Widngs or portions of buildings used for storage of nonoanbhslNe mabdals. S-3 Repair grapes revere work Is Imiled to exchange of parb and maintenance not requiring open Acme or weldn and parking es not dasshled as Group S Division 4 s S-1 OM p&*Wg S-5 Airuall h ars and he;is s. U-1 Nvab Prages, ca sheds and ricubral buildin s. U-2 Fences over 6 feet 162.9 mm high. lank, and lowers. l~ 0 0 I • Article 9 F " -Fire Department Access and-Water Supply A new Article Focusing on Site Fire Safety Fire Department Vehicle Access Roads (old Article 10, Division II) Water Supply (old Article 10, Division IV) ■ Personnel Access to Buildings I • • r a , Article 10 f ~ • x . ire protection Equipment and Devices Revised to focus on Fire Protection Systems and Devices • 1001-General • 1002-Portable Fire Extinguishers - • 1003-Fire-Extinguishing Systems • 1004-Standpipe Systems • 1005-Basement Pipe Inlets • 1006-Protection of Commercial Cooking Operations • 1007-Fire Alarm Systems 1 (old Article 14) ~ • A J 1. • i`V j Section 1003.3.3.2 - ± Sprinkler Alarms ~Audible alarms must be provided for sprinklered buildings to signal sprinkler operation as follows: • On the outside of the building in an approved location • Inside the building at a normally r occupied location i r J o 0 / fC • • Section 1006 ..Protection of Commercial Y Cooking Operations Entire section was editorially revised and clarified, but is generally unchanged from a technical perspective New provisions include: • Section 1006.2.3.1 [91: 10.513 (b) exc.] provision allowing deletion of protection in plenums and ducts when a grease extractor was installed deleted in 1994 edition. Grease extractors were never evaluated for efficiency of grease removal by U.L. • Hood system cleaning at intervals necessary to prevent accumulation of grease and records maintained on premises ° Sprinklers for protection of fryers must be listed specially for such use • 40-B sodium or potassium bicarbonate ° extinguisher requ'red within 30 feet of ° • cooking operation .3d • i i Section 1007.2.2 Group Q Occupancies Revised to not require manual fire alarm boxes when automatic fire-extinguishing system activates the prerecorded voice' evacuation message I` y r 1 f i .J z~ • 0 J6 F . Section 1007. 2z7 Group 1 Occupancies - When single-station detectors in Division 1.1, 1.2 and 2 are connected to a nurses' call system, the system must be listed for this application New requirements for Division 3 • Standard installation of manual pulls not required when they are installed at staff locations overseeing areas where manual pulls have been omitted • Manual pulls can be locked in areas occupied by detainees provided that staff is present in the area and that staff has a key to operate the alarm Alarm signal need only notify staff • Presignal systems not allowed J • . 3z • • Section 1 007.2.7 Group i, Division 3 Occupancies (Cont) Smoke detection • in resident housing areas, including sleeping areas, contiguous day-rooms, group activity spaces and resident accessible common spaces • Equivalent protection with detectors behind grilles or in ducts is allowed ■ Zoning by building, floor, cell complex and smoke compartments on floors is j required ■ Monitoring at an approved location is required • 7 M1~~l~Ar h'+~.f~•AI~ .:.u J A _ 1 _ MAN .T •MT.HZ[d+~ • • I, . " Section 1007.2.9 Group R Occupancies Manual pulls not required for interior corridors protected by smoke detection Visual signaling device activated by smoke detector and building alarm required for guest rooms for persons with hearing impairments 3y w: .era;...,.-w«r-~ ~-.r.-~. ~ • ~i.. ~ t • r • Section 1007.2. 12 Y, } IF4musement Buildings and High-rise Buildings Amusement buildings • Provide smoke detection or equivalent if smoky conditions are normal i One detector sounds an alarm at a location inside the building that can manually do the ' following. Two detectors, or one detector on an alarm verification zone automatically activates the following: - Stops confusing sounds and visual effects - Activate directional exit marking ' - Illuminate the exit path at the walking surface ■ High-rise buildings k Duplicated from the U.B.C. ► ~ i J'r 1: 0 • r f C1 Section 1007.3.3.3 a i., Alarm Signals Now standardized to 112- to 1-second on and 1-second off for 3 cycles followed by voice alarm when required • Not required for Group A Occupancies with voice evacuation • Not required for patient and inmate areas in Group I Occupancies ■ Alarm must be a distinctive signal that is audible: • At 15 dBA above ambient noise level • At 5 dBA above the maximum sound level with a 30 second duration + • Maximum sound level is 120 dBA r ~G r f, . o 0 v Article 1 1 eneral Safety Precautions n New Provisions for Powered Industrial Trucks Maintenance of Fire-resistive Assemblies (from Article 10) Combustibility limitations in Section 1103.2.1 for rubbish containers s Frequent cleaning of clothes dryers ■ General restriction on clearance from ignition sources in Section 1109.2 ■ Reporting of changes in use now in Section 1111 - relocated from Section 2.206 r ■r Protection of floor openings in Section 1114 relocated from Section 10.305 37 • • ,r Article 12 -th aintenance of Exits z_ Aisle provisions have been split out of Article 25 for nonassembly uses without fixed seats Section 1206 restricts the use of bars on window wells Old Article 12, Division 2 was deleted to avoid the liability exposure of the chief if occupant loads were increased beyond that allowed by the building code r ® ~ o 0 3s • • - 1 norc, k Article '3 Emergency Procedures Comprehensive requirements for emergency plans and procedures: Groups A, E, I and R Occupancies There are 4 categories of requirements • Emergency plens • Employee dub/ assignments • Employee training • Fire drills ■ These revisions allow the Uniform Codes to be considered at least equivalent to NFPA 101 for hospital and nursing home accreditation • ; 1 3 . ~`~__uW.d yy, _.4 r ..r~yL'u .T ='.w if - • • I Article 29 Repair Garages . Regulations for repair garages completely rewritten and updated Provides specific regulations for dealing with waste oil o ~ o 0 J ro 10 • • dicle 30 At IF c) K: 41Exterlor Lumber Storage nd Woodworking Plants Regulations for exterior limber storage and woodworking plants completely rewritten and updated 1 k • r • .:r Article 34 tomobile- Wrecking Yards yi Regulations for wrecking yards, salvage yards and waste material handling plants completely rewritten and updated \ J I Yt • • I I ~ Article 35 -Covered-Malls rrt - Section 3504.4 now allows some hazardous materials to be in malls • Carcinogens • Irritants • Sensitizers • Combustible liquids Class I Oxidizers ) ) D f f I D ~ I f s ~ ~I N Mai • i 11 0; Article 36 Dry Cleaning Regulations for dry cleaning completely rewritten and updated Incorporates ALL dry cleaning regulations More thoroughly addresses current practices and technology f { ° I • ~ i i a yy • • Article 45 Application of Flammable Finishes New limitations for area of spray booths Clarification of Section 4502.8.1 regarding sprinklers Revision of the maximum temperature for drying booths to 160 degrees Fahrenheit • ` . t • • milli, .p • e i Article 61 r _Oi! Burning Equipment Section 6105.3 now prohibits the use of kerosene or similar heaters that are not vented in offices, retail uses, etc. y6 - a • i • Article 63 f 1 Refrigeration d Complete rewrite updates U.F.G. to current technology for new refrigerants Correlates with Uniform Mechanical ' Code ) Closed refrigeration systems are exempt from Articles 74, 75, 79 and 80 ) ) ) 3 • 1 ~ I 0 • r • " Article 74 Compressed Gases Completely rewritten Adds general safety requirements for handling compressed gases Correlates with Article 80 Updates medical gas system requirements to correlate with NFPA 99 • ~j y~ as t • • Section 2 1 5 Definitions New definition of NESTING Relates to cylinder storage - Art. 74 zur ua~s !)SIh1G f~NTIGl10l)S 3.401 i jT MwrAc SYST£M W 1TN - • ~w~~ A ~afMUM or 3 PDITITS Ot -Cp rTAC.T W 1T41 \NMI e oe2 gRAC~AIG 0 CAIN ALT o f i ' I POMTS Y9 ♦ Article 79 , lammable and Combustible Liquids NNW" Reformatted to parallel Article 80 • 7901 General • 7902 Storage - 7902.1 General - 7902.2 Stationary aboveground tanks outside - 7902.3 Container and portable tank storage outside - 7902.4 Stationary aboveground tanks inside - 7902.5 Container and portable tank storage inside - 7902.6 Underground tank storage • 7903 Dispensing, mixing, use and handling - 7903.1 General - 7903.2 Use, dispensing and mixing inside - 7903.3 Use, dispensing, mixing and handling outside • 7904 Special operations - 7904.1 General - 7904.2 Storage and dispensing on farms and construction sites e - 7904.3 Well drilling and operating - 7904.4 Bulk plants and terminals - - 7904.5 Loading and unloading tank vehicles & tank cars - 7904.6 Tank vehicles and vehicle operation e - 7904.7 Refineries ♦ e ■ Incorporates many new regulations i so _ • 0 • • Section 7901.7.4 L Site Assessment Site assesment required to ascertain potential fire or explosion hazard from a spill, leak or discharge from a tank system Completed by owner or operator of tank Submitted within a time period established by chief, not to exceed 60 days ■ New Appendix 11-H sets forth requirements of assessment • • • Section 7901.8.5 Containment Pallets Allowed in lieu of spill control, drainage control and secondary containment in outdoor storage areas Required to be provided with • a liquid-tight sump with a minimum capacity of 66 gallons, accessible for visual inspection • exposed surfaces compatible with stored materials i• protection to prevent rainwater collection • • Section 7902.19 8.1.3 and If CI Table 7902.1-A Plastic Containers S: Y=: ~i%Applies to storage of Class I and II liquids Requires listed and approved containers or liquid storage room or warehouse I i • • Section 7902.5.7 IQF PCI xempt amounts in Control Areas Exempt amount table for control areas in other than Group M retail and wholesale occupancies is included Numerous footnotes from previous exempt .mount table are relocated as text New occupancy quantity limit section TABLE 7902.6_A--EXEMPT AMOUNTS OF FLAMMABLE AND COMBUSTIBLE LIQUIDS- MAXIMUM QUANTITIES STORED PER CONTROL AREA1,2,3 (See Seddon 7902.6.7) TYPE OF LIQUID EXEMPT AMU9NT r allons x 3.785 for L Flammable Class I-A 30 Mass I-B 60 Mass I-C 90 Combination I-A,1-B, I-C 1204 Combustible Class N 120 Class III-A 330 Class III-B 13,2005 1Control areas sball be separated from each other by not less than a one-bout fire-mistive occupancy separation. The number of control mess within a bulling used for retail or wboleWe sales shall not exceed two. The number of control areas in bu0dmp with other uses ablll not exceed four. See Section 204 and 6001.8.]. • 2Quanti6es are allowed to be increased 100 percent wbea stored in approved storage cabinets. Wbe Footnote 3 applies, the Increase for each footnote is allowed • 0 3Qusntides arc allowed to be increased 100 percent in buildings equipped with an approved autamad sprinkler system. when Footnote 2 applies, the Increase for each foomote is allowed 4Combioatioos sball not contain more than the exempt amounts of mry indivi" class. 'Quantities permitted in a building equipped with an gpproved amomatic sprinkler system we not limited Sy kxeSection 7902.5.7.1 mpt Amounts in Group M Occupancies xempt amounts for retail & wholesale ses added ignificant increase in exempt amounts or Class I-B, l-C, II and III-A liquids xempt amounts in areas exceeding 0,000 sq.ft. can be increased 2 percent for each 1,000 sqft. of area over 50,000 sqft. up to 100 percent of table amounts f ~ .r3-- ~M4w-r.w+I, rR N , -ZL e • Table 7902.5mB Exempt Amounts in Group M =a Occupancies r TABLE 7902.5 -B-EXEMPT AMOUNTS OF FLAMMABLE AND i COMBUSTIBLE LIQUIDS IN WHOLESALE AND RETAIL. SALES USES- MAXIMUM QUANTITIES STORED PER CONTROL AREA1 (see Section 7902.5.7,1) EXEMPT AMOUNTS (gallons) ■ 3.796 for L TYPE OF LIQUID Sprinkfered2 per Sprinklered per Unsprinklered Footnote Tables 7902.6-F Densities through 7902.6-J and Arnn ements Flammable: Class 1-A 60 60 30 Flammable and 7,5003 15,0003 1,600 combustible: Combination Class 1-8, I-C, II and III-A Combustible: Class III-B Unlimited Unlimited 13,200 TControl areas shall be separated from each other by not less than a one-hour fire-resistive occupancy separation. The number of control areas within a building used for retail or wholesale sales shall not exceed two. The number of control areas In buildings with other uses than not exceed four. See Sections 204 and 5001.0.2. 2To be considered as sprinMered, buildings shall be protodod with approved automatic sprnkkr systems with designs providing minimum densities as tonows: For uncaAoned commodities on shelves 5 feet (1525.6 mm) or less In height when the ceiling height does not exceed 15 het (5450 mm), quan6Ws are those permitted with a minimum sprinkler design density of 0.19 gpm per square foot (7.74 for U(min•m2)1 over the most remote 1,300-square-foot(1391 m2) area. For artcned, palletized or racked commodities where storage is 4 feet 0 Inches (1372 mm) or less in height and when the ceiling height does not exceed 10 feet (5465 mm), quantities an those permitted with a minimum sprinkler design density of 0.21 gpm per square foot (5.55 U(min•m2)1 over the most remote 1,500-square-foot (139.3 m2) area. Mhan wholesale and retail sales or storage arose exceed 50,000 square feet (4645 m2) in area, exempt amounts are allowed to be Increased by 2 percent for each 1,000 square feet O (92,9 m2) of area in excess of 50,000 square feet (4545 m2), up to a maximum of 100 percent 0 of the table amounts. A control area separation Is not required. The cumulative amounts. Including amounts attained by having an additional control area, shall not exceed 30,000 gallons (113 5132 L). J-6 0 e Section 7902.5.10.2 Group M Occupancy {as holesale and Retail-Sales _ Provisions specific to Group M Occupancies are included • container type • container capacity can not exceed 5 gallons • fire protection and storage arrangement • storage plan Storage on shelves limited to 6 feet unless ceiling height exceeds 18 feet or racks exceed 4 feet 6 inches in height. Then storage height and arrangement in accordance with Table 7902.5-E TABLE 7902.5_E-STORAGE ARRANGEMENTS FOR RACK STORAGE IN LTQUID STORAGE ROOMS AND WAREHOUSES (See Sections 7902.5.10.2.4, 7902.5.11.2.1, 7902.5.11.2.2 and 7902.5.12.2.1) CLASS TYPE RACK STORAGE MAXIMUM MAXIMUM QUANTITY PER LEVEL STORAGE ROOM HEIGHT OW) allons ■ 504A for mm ■ 5.706 for L I-F. Double row Gtouad floor 25 7,500 0 or Upperfoers 15 4,500 Single row Basements Not allowed Noe allowed I-B Double row Ground floor 25 15,000 I-C or Upper floors 15 9,000 Single row Basements Not allowed Not allowed r1 Double row Ground floor 25 24,000 or Upper Goon 25 24,000 ® Single row Basements 15 9,000 III Multfrow, Ground floor 40 48,000 O 0 Double row or Upper Coors 20 48,000 Single row Bmemeau 20 24,000 • • I 1 -'f Section 7902.6.5 Overfill Protection Fill pipes must be equipped with spill container and overfill prevention system Spill containers • may be of single wall construction • shall have a minimum capacity of 5 gallons • equipped with a drain valve ■ Overfill prevention systems shall • activate an audible and visual alarm when 90% of tank capacity is reached • shutoff the flow if 95% of tank capacity is reached or • reduce the flow to 15 gpm and shutoff flow • so fittings are not exposed to product • a s b' e • Section 7902.6.11 IF Cl OR I econdary Containment for _ UST Systems 1 ~A Secondary containment must be -r-=- a provided for UST, piping and components when required by the chief 41 • ~ i; - TA1~1K. i 1 ~~~JJJ r _ ~2ovu~ wAT~2sy ; • ram„-•----~" • ' 7 • • Sections 7902.6.12, 7902.6.13 and 7902.6.14 UST Leak Detection Approved leak detection required for UST systems Devices required to be inspected and tested annually Test results must be maintained one year ■ Leaks must be immediately reported to the Fire Department 6Q a, ildAl -,4 • • Article 80 Hazardous Materials New exempt amounts for exterior storage Increased exempt amounts for toxic gases Clarification of requirements for exhaust treatment systems ■ New exempt amounts for radioactive materials ■ New regulations for flammable and oxidizing gases ■ Overall updating of format to improve correlation with U.B.C. and usability A r 6/ • Section 8001.1.2 - lassiflcation of Hazardous Materials Building materials and consumer products no longer exempt Mixtures must be classified using whole product not constituents 1 J~ . 6,Z t~.. • Via' :i ~l • • s Section 800 1.3.2 Hazardous Materials Management Plan Sign required adjacent to permit s ` = identifying location of HMMP y.. Facility site plan must be included in the HMMP Minimum requirements for the site plan are set forth • _ HMMP LOCATED i+~ Titf I - LR6bJ£.T - TNiRO I 0RRWC. - fD I` W 0 1 OH T 1 63 • • j , Section 8001.4.3.4 ..1_ Flammable, Pyrophoric or M:•~_ Oxidizing Gases 1 Prohibits use of low melting point materials or those which soften on fire exposure for piping, valves or fittings conveying flammable, pyrophoric or oxidizing gases 1 4 / ~y e~ `s Section 8001.4.5.1.2 if C1 q..econdafy Containment for US TS Secondary containment required for new installations i • ~ s o • • r Section 8001.7 igns for Compressed Gas }";-""'ter Storage fy.L r Rooms or cabinets must be labeled COMPRESSED GAS 66 , • • Section 8001.9.8 I CI __Incompatible Compressed _ Gases .r1.v Gases are allowed to be located in gas , cabinets or exhausted enclosures to meet separation requirement J I . k: ^t Rai l ` } w-.w.w l O i • Section 8001.12.1 4 Retail and Wholesale rG Y = Storage amf Display Maximum quantity allowed within a control area shall be the greater of the exempt amount derived from Section 8001.13 or the amount from the formula: ER = Ex RxA i J _ • O 6~ { • • ! Section 8001.13 indoor Exempt Amounts Consolidation of exempt amount tables for indoor control areas Exempt amount for toxic gas increased Special limitations for indoor storage and use by occupancy included ■ New provisions for flammable and oxidizing gases . 69 • r • IF i1" r Section 8001.13 `Y utdoor Exempt Amounts Exempt amount tables for outdoor areas introduced Quantities correlate with indoor storage amounts Outdoor provisions in Section 8003 may not apply unless exempt amount exceeded ■ There are no exempt amounts for outside use because the storage provisions were developed at the last. meeting before the 1994 edition was completed and there wasn't time to develop use provisions as well • Table 8001.13=D Exempt Amounts for Outdoor Areas TABLE 80011.113 -D-EXEMPT AMOUNTS OF HAZARDOUS MATERIALS PRESENTING A HEALTH HAZARD MAXIMUM QUANTITIES PER OUTDOOR AREA PER SINGLE PROPERTY UNDER SAME OWNERSHIP OR CONTROLI,2 When two units are given, values within parentheses are in Pounds (Ibs.) STORAGE MATERM Solid lbs. Liquid Gallons Gas Cu. FL (Lbs.) 0.4536 for kS 3.785 for L 0.028 for mg 0.4536 for kg_ 1. Carcin ens3,4 5,000 500 810 2. Corrosives 5,000 500 810 3. Highly toxics 1 (1) 205 4. (rritants3 5,000 500 810 5.Radioactives6 Alpha emitters 2 mCi (74 Nft 2 mCi (74 MW 02 m(] (7.4 MW Beta emitters 200 Ci (7.4 x t06 M8q) 200 Q (7.4 x 106 MBq) 20 Ci (7.4 x 105 XW Gamma emitters 14 a (52 x 105 MBq) 14 Ci (5.2 x 1051%9V 1.4 Ci (52 x 104 MBet) 6. Sensitiurs3 5,000 500 810 7. Other health 52000 500 810 hazards3 8. Toxics 500 (500) 810 I for definition of OL7DOOR AREA, see Section 800122 2Exempt amounts for outdoor use are zero. Any quantity in outdoor use, dirpvL%ng or handling stun be in accordance with Sections 8001 and 8004. 3Carcinogeru irritants, sensitizers and other health hazards do not include commonly used building materials and conrumer products v. hich are riot otherwise regulated by this code. 4See also applicable federal and state OSHA guidelines. SFerrnitted only when stored in approve i gas aoinets or exhausted enclosures. See Sections 8003,3.1.3.2 41 and :l sealed sources s. 6licensemd, stources for instruments, caLbralion devices and equipmatt art exempt. Licensing ~ p ~ requirements and determination of whether a source is sealed or nonsealcd shall be as set forth in Nuclear Regulatory Commission rgulations. bubvidual containers shag not exceed a quantity of 2 mC1 (7.4 1107 becquerels) for alpha emitters, 200 Ci (7.4 x 10"2 becquercls) for beta emitter and 0.1 Ci (3.7 x109 becquerets) for gamma emitters. Ci = cmics, mci = m0cwies i~ • • Section 8001.14 Regulations for Specific w Materials Provisions for flammable, oxidizing and pyrophoric gases in quantities not exceeding exempt amounts have been added i 7Z ys 41, • l IF CI section 8002.2.1 ` Classification by Hazard r- Compressed gases have been added as physical hazards • Air, flammable, inert, oxidizing • Pyrophoric, simple asphyxiant, unstable (reactive), health hazards • I 73 ~y • • Section 8003.x,.7 C ` pN and Drainage Control d Secondary Containment Provisions reformatted for clarity Exceptions added for situations where requirement is inappropriate • Liquids that are a gas at NTP • Outdoor storage on containment pallets • Flammable solids ■ Additional exceptions added applicable to secondary containment provisions • Outdoor storage of oxidizers and organic peroxides • Storage of pyrophoric solids, corrosive solids and carcinogen, irritant, sensitizer and other • health hazard solids ~y . 1 ' ~ Section 8003.1,,7.5 Containment Pallets - New provision allows containment pallets in lieu of spill control, drainage control and secondary containment in outdoor storage areas Pallets shall be provided with • a liquid-tight sump with a minimum capacity of 66 gallons, accessible for visual inspection • exposed surfaces compatible with stored materials • protection to prevent rainwater collection 1 . 7~- e • i :<r _ If CI "s. t Section 8003.18.1 -r entilation-of Indoor Areas MOO" T, Exception added to exempt flammable solid storage areas from ventilation requirement 76 ; ant-«w.......+.,..r ai... • i • IF CI r Section 8003. I.13 A Standby Power Exception added to exempt storage areas for Class 1 and 2 oxidizers and Class 111, IV and V organic peroxides from standby power requirement • • Y ` Section 8003.1.14.2 L 7 iquld-level Limit Control Exception added to exempt atmospheric tanks used for Class II, III , IV and V organic peroxides from limit control requirement J 1 3 i ;7B 91 • r . I~it ~ • - Sectron 8003.7.20 Weather Protection r Exception added to require explosive, detonable and pyrophoric material storage to be considered indoor storage 1 • r 7y' r i Section 8003.3 Toxic and Highly Toxic a Gases _ Nomenclature clarified for gas cabinets, exhausted enclosures and gas rooms Design requirements for exhausted enclosures added Exception added to allow reduction of distance limitation to exposures for outdoor storage in gas cabinets c~a • • i Section 80013.1.3.3 Exhausted Enclosures c 4.:•, Average velocity at the face must be 200 fpm r . G W r.~s ~R~S ~ wR°4F,~~~dS i I Section 8003.5 Flammable Solids and M Flamfifable Gases Provisions to address storage of flammable gases in quantities in excess of exempt amounts have been added 82- 0 r I I Section 8003.6 1Y Oxidizers - Controls have been added to address storage of oxidizing gases in excess of exempt amounts ~raal...r..,.rrW-wrly j _ • i C1 a Section 80018 pyrophoric Materials indoor storage of silane and silane mixtures required to be in accordance with new U.F.C. Standard 80-1 Provisions for pyrophoric gases have ' been added 3 1 j 7 O 1 ) ^ e , • e ,i ~ 8y ~ I. Wow • f E Section 8003. 13 Radioactive Materials - Regulation by typ6 of emitter (alpha, beta, gamma) Exempt amounts significantly increased Container quantity limits added • i • f CI Section 8004.1.6.2.2 iquid-level Limit Control Automatic shutoff controls required for open tanks and containers when low level is detected 1 1 ) 3 t 86 ~ •t i t C': t 1 4 e = Section 8004.1.14 ~ Shutoffs for Flammable, fit If Oxidizing and Pyrofphoric Gases VYY ' Emergency shutoff controls required Activation from point of use and source r • 1 Y 1 Section 8004.1.15 ' Container Positron for r , Flammable Gases Liquefied flammable gases must be stored upright or Pressure-relief valve must be in direct contact with vapor phase e . . e e s • e a e e e e e ~8 1.4 I f 9 I fIJ V t p1~ T ;4 .M ~ a J xJ .k i KSti .IYyf,^I • • Article 81 } High-Piled Combustible _ Storage _ All new for 1994 edition Much improved format Clarifies separation requirements for storage areas New hazard classes are I through IV and High Hazard. Class V from prior codes was replaced with High Hazard to eliminate confusion with UFC Standards 81-1 and 81-2 (NFPA 231 and 231 C) which only have sprinkler design criteria for Classes I through IV ~y r ti • • Article 8 1 High-piled Combustible Storage Entirely revised with new format 8101 General - 8101.1 Scope - 8101.2 Definitions - 8101.3 Permits and Plans Submittal - 8101.4 Commodity Classification - 8101.5 Designation of High-piled Storage Areas - 8101.6 Housekeeping and Maintenance • 8102 General Fire-protection & Life-safety Features - 8102.1 General - 81102.2 Separation of High-piled Storage Areas - 8102.3 Fire Sprinklers - 8102.4 Fire Detection - 8102.5 Building Access - 8102.6 Smoke and Heat Removal - 8102.7 Curtain Boards - 8102.8 Hose Stations and Hose Connections - 8102.9 Aisles - 8102.10 Portable Fire Extinguishers ® • • YO -+rvAw►riw-~r.~C "'r;*+'~e•,-'~, ~!~ll!11■■7M~ ....,,,,...,.ter„-,.,.., • • t Article 81 "J ` High piled Combustible Storage r: • 8103 Solid-piled and Shelf Storage - 8103.1 General - 8103.2 Fire Protection - 8103.3 Pile Dimension and Height Limitations - 8103.4 May • 8104 Rack Storage - 8104.1 General - 8104.2 Fire Protection - 8104.3 Flue Spaces - 8104.4 Column Protection - 8104.5 Extrahigh-rack Storage Systems . i • m~YUU..L- O...a..Y au WlwYlfu YVnl. I,. • • Sections 206, 209 and 220 Definitions EXTRAHIGH-RACK STORAGE ' HIGH-PILED COMBUSTIBLE STORAGE ] SHELF STORAGE a o J i . ! OI 9-2 z • • Section 8101.4.3 =R invited Quantities of Group A lastics in Mixed Commodities Group A, B and C plastics • Vary by rate of heat release, Group A being worst • Most packages have some Group A plastic, but not necessarily enough to create a high challenge fire. • Section 8101.4.3 allows other commodity packages to have some Group A plastic inside per Figure 8101.4-A • This allows taking advantage of higher starting pressures and higher densities of the first operating sprinklers • 1 7,3 • • Section 8101.5 If C1 esignation of Hfigh-piled Storage Areas _ Areas are now designated to contain a particular class of commodity per the design, and the design must equal the highest commodity classification present To store other commodities of a higher classification requires that a high-piled storage area be redesigned ■ This provision protects from fire protection systems being challenged by commodities exceeding the design o Section 8101.3.2 requires that the approved plans indicating the design be kept on the premises for future reference during inspection ■ Section 8101.5.2 allows engineering analysis to • show acceptability of having up to 120 square feet of higher class commodity in a storage area if the analysis shovrs that sprinklers can deliver ® the higher density required for the higher hazard over the area of higher hazard storage I 9y Q a i ' Section 8101.5 4 esignation of High-piled Storage Areas For the example below, the entire design must be Class IV or different areas must be designated for different commodity classes ) Warehouse Example a ~ Class II I Class Il ~ I Class IV e. L ~ ~ o e 1 /3~ mid • ( t E t Section 8101.6.3 Aisle Maintenance Aisles must be kept open during restocking Minimum width during manual restocking operations is the greater of 24 inches or 112 of the aisle width Minimum width during mechanical restocking operations is Winches Yq t 96 . • • Section 8102.2 _IAN- Separation of High-piled Storage Areas _ i When calculating the area to use in Table 81-A, use the high-piled storage area and all other areas unless separated as follows: s s i s Ir • lr s s ~ • Required separations: *Nonrated to sprinklered accessory use areas •1-hour occupancy separation to sprinklered areas that * are not accessory areas 92-hour area separation to nonsprinklered areas and i e between high-piled combustible storage areas that II l~ o ~o exceed the maximum area in 'cable 81-A .60-foot space free of combustible storage e • Section 8103 Solid-piled and Shelf { Storage Provides a reference to the fire protection and arrangement limitations ` in Table 81-A and UFC Standard 81-1 Aiso applies to binboxes less than 5 feet in any dimension • A binbox is a 5-sided container with an open side to the aisle and little or no ventilation space between boxes ■ For shelf storage 12-15 feet, UFO; Standard 81-1 is used ■ For higher shelf storage heights, special • protection should be provided due to the difficulty of delivering sprinkler water to the shelf spaces without flues 9~ e • ■ Section 8104 = - Rack Storage - Provides a reference to the fire protection and arrangement limitations in Table 81-A and UFC Standard 81-2 Also applies to binboxes greater than 5 feet in any dimension Requires special protection for plastic pallets due to potential for high heat release rates from pallets ■ Solid shelves greater than 32 square feet (typical 4X8 bay) require special protection due to difficulty of getting • sprinkler water to lower shelves ■ Sprinkler protection of columns must be ' provided per UFC Standard 81-2 ■ Special protection for extrahigh racks 99 • • Section 8104,3 Flue Spaces Flue spaces must be provided and maintained to allow sprinkler water to penetrate rack areas 3-inch transverse flues are required 6-inch longitudinal flues are required unless racks are double row not exceeding 25-feet in height without solid shelving and with 6-inch transverse flue spaces 1 /oa ~vrws,!.+t..rr'rwrJS I r:7'f A fir....: ,ax7 a^s+i r e 0 Table 81-a General Fire-protection and Life! Safety Requirements Newly formatted Revised based on public accessible versus nonpublic accessible areas Now allows areas up to 500,000 square feet versus 300,000 and 50,000 in the 1991 edition e ~ ♦ ~ 0 0 i r r . • • Table 81-B Requirements for Curtain IF CI Boards and Smoke Venting The 4-foot depth option for high hazard commodities has been revised to be less restrictive for 20-foot or less storage The previous requirements for up to 30- foot high storage matched the provisions that currently appear as option 2 for 20-30 foot high storage ■ Vents not required for frozen foods that are Class I or II commodities in sprinklered buildings per Section 8102.6.1 • t ■ Curtain boards only required at ' f perimeters of ESFR systems per • Footnote 2 • ,o z • i • Section 8202, rmits, Plans and Records Revised for clarity Information previously located in Article 4 relocated Requirements for fueling motor vehicles relocated to Article 52 ■ Parking and garaging requirements revised to correlate with similar requirements for flammable liquid tank vehicles i o ~ o 0 i i /c3 • I i Section 8704.4,,3 Standpipes - - .a, Required now at 4 stories (previously 6) Must be provided when construction progresses beyond 35 feet (previously 50 feet) Water supply increased from 75 to 500 gallons per minute to be more commensurate with construction hazards F1Z~f cY. hu N i tivnn r~- scn c-,.~~n. Crubpx sYslijn FCR BJc kI& UOIbU ccanisr2xnfl~ rZ._i_DC~ -1 STOP t~S DiZkw~. k. ;l1STAl,LtrD WA~1 • G~E15T't~tX.T1VR1 IS , • u~ ►nAzF. ~ 3S tt aaCal~ ~a~,ESr 0 n U- ML OEPA;trnn'ENT ALLt_SS - ,goy • • Y ' CI. Section 8707 -Asbestos Removal New provisions for operations involving removal of asbestos or asbestos containing materials • Notification • Plastic film • Signs 3 a t 7 a e • Section 8802J.5 let CII: Aerosol Storage m ` Basements Revised to allow display of aerosols in protected basements i 1 1 /n6 • • I - _ 1 1 1 '~IlrCl~ Section 8802J.9 Vent-release Containers New provisions to address storage of aerosols in vent-release containers Reduced quantity for aerosols in vent- release containers lowers the risk of the higher hazard commodity I • i A ~ O 6 ~o ? Epp • • V C. Article 90 Standards Relocated from Section 2.304 Five new U.F.C. Standards added • 52-1 CNG Vehicular Fuel Systems • 74-2 Medical Gas and Vacuum Systems • 80-1 Storage, Dispensing and Use of Silane and its Mixtures • 81-3 Mechanical Smoke-removal Systems • A-11-F-1 Testing Requirements for Protected Motor Vehicle Fuel Storage Tanks ■ Additional recognized standards included • American Association of State Highway and Transportation Officials (1) • American Petroleum Institute (11) • American Society for Testing and Materials (3) • Compressed Gas Association (2) • Factory Mutual Engineering and Research (1) • National Fire Protection Association (2) • Underwriters Laboratories Inc.. (1) o /0 9 • • Appendix XG r , z: econdary Containment for LISTS Secondary containment required in some circumstances • Under building • Closer than 5 feet from buildings without subgrade areas • Closer than 10 feet from buildings with subgrade areas • Within or below water table and within 50 feet of a well • Within or below water table and within 50 feet upgradient of locations where water table intercepts surface ;a goy ~ x' • • ■ i Appendix Il-F Aboveground Tanks for Motor Vehicle .Fueling Significantly revised for clarity and provides more direction to the code enforcer Definitions of key terms Expanded plan requirements ■ Tank design requirements added with reference to new U.F.C. Standard A-II- F-I relating to testing requirements 1 f 3 ti r 0 0 I i I ' s appendIX II-H Site Assessments Correlates with new requirement in Article 79 Required to determine potential fire and explosion risk from leak, spill or discharge from UST Level I assessment for minor leaks ■ Level II assessment for significant leaks or spills i J • r :.r Appendix lI-1 I'wl Gas- eneratin Equipment _ New appendix sets forth requirements for ozone-generating equipment Highly toxic ozone replaces chlorine Extremely reactive and decomposes rapidly to oxygen, therefore on site generation . • '-f - i Appendix VI-F ;f Refrigerant Groups and Properties Aft New appendix from Mechanical Code identifying refrigerant groups and properties . r I • • ' eE C1 a~ - U. F. C. Stanclarals Updated to latest editions of referenced NFPA standards New Standard A-I1-F-1 (79-7 during processing) regulates testing of aboveground storage tanks for flammable and combustible liquids at motor vehicle fuel-dispensing stations a i 5 .'aft 5 ! • i • _ i Appendix V1-A " + Hazardous Materials r Classifications - Revisions to oxidizers Addition of common radiation source materials Table of radiation emitted from isotopes Addition of Chlorine Institute reference publications irs • Appendix VI-E losives Classification An addition was made to the appendix to explain the new explosives classification system being adopted by DOT to agree with United Nations designations and simplify international trade I • • //6 y; ~S1VCb.fr.en9 • • Appendix VPF ',-"91, , Refrigerant Groups and Properties New appendix from Mechanical Code identifying refrigerant groups and properties .r 44 y1J1 .la J 1 A I lop" 7 .Y• pal.. F ♦ f j • • .f IF CI v m; U.F. G. Standards _ Updated to latest editions of referenced NFPA standards New Standard A-I1-F-1 (79-7 during processing) regulates testing of aboveground storage tanks for flammable and combustible liquids at motor vehicle fuel-dispensing stations • • A:\ELECT.ORD Agenda No. 7 7 - Agenda Item Date Z-- ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 3, 1997, AND, IF A RUNOFF ELECTION IS REQUIRED, ON MAY 31, 1997, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE .^.ITY OF DENTON, TEXAS; DE- SIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PRO- VIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 3, 1997, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code") for the purpose of electing Councilmembers for Places 1, 2, 3 and 4. In the event a runoff is required, the runoff election shall be held on Saturday, May 31, 1997. SECTION II. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: 1. Voters residing in District No. 1 shall vote at: MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. Voters residing in District No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS 3. Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Voters residing in District No. 4 shall vote at: DENIA RECREATION CENTER i V 1001 PARVIN 0 • ' DENTON, TEXAS SECTION III. That the election officials for the election and the runoff, if any, shall be as follows: 1. For the Central Counting Station: George H..pkins, Pre- siding Judge; Jim Wicker, Manager; and Randie Smith, Tabu- lation Supervisor. t~ • • 2. For District No. 1: Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. 4. For District No. 3: Bill Williamson, Presiding Judge and , Alternate Judge. 5. For District No. 4: Presiding Judge and Alternate Judge. 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. George Hopkins shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual as- sistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION IV. That early voting shall be conducted for the election, and the runoff election if necessary, by the office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, commencing on April 14, 1997, and ending on April 29, 1997. In addition, early voting shall be held on Saturday, April 20, 1997, between the hours of 10:00 a.m. and 3:00 p.m., at the same location as weekday early voting. ` SECTION V. That the Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accor- dance with Sections 4.002 and 4.003 of the Texas Election code, the notice to be printed in the Spanish language and the English • language. SECTION V1. That an electronic voting system, using optically scanned ballots, meeting the requirements of Chapter 124 of the Texas Election Code, shall be used for said election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code. SECTION VII. That the City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter and laws of the State of Texas for holding elections. PAGE 2 t .r W • s SECTION VIII. The election officers named above shall make returns for the election in the manner required by law. The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the day of the election shall be counted in the man.zer required by law. SECTION IX. Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the election and said notice shall be: (a) published at least once in a newspaper of general circulation published within the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twenty-first day before the election day, at a public place in each election district that is in the jurisdiction of the city; (c) posted, not later than the twenty-first day before election day, on the bulletin board used for posting notices of meetings of the City Council of the City; and (d) posted, as may otherwise be required by Code 54.003 and other applicable law. SECTION X. That this ordinance shall become effective imme- diately upon its passage and approval. PRESENTED AND PASSED on the day of February, 1997, at a regular meeting of the City Council of the City of Denton, Texas, by a vote of ayes and nos at the regular meeting of the City Council of the City o Denton, Texas. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY .r BY: APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY i BY: PAGE 3 Z 0 IP I » • • a, ila No. l[l1~ Agenda Item Date DATE: 2-18-97 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJ: Consider adoption of a resolution authorizing the City Manager to negotiate a contract with the Children's Trust Fund of Texas for a Family Resource Center. RECOMMENDATION: Community Development Staff recommends approval, SUMMARY: Denton has been selected as a Family Resource Center demonstration site for fiscal year 1997 by the Children's Trust Fund of Texas (CTF). The city will subcontract to the Denton Family Resource Center to carry out the project. The Vision Learn Committee is currently incorporating the organization. CTF will fund for seen months not to exceed $65,000 with the option to renew for two years. BACKGROUND: The family center concept resulted from the Vision Denton process. The family center will serve as a hub for educational, support, and information and referral services for all parents and families. The grant will be used to hire a director and secretary. PROGRAMS DEPARTMENTS OR GROLIPS AFFECTED: Beneficiaries of human service programs Local Human Services Ag.acies Vision Denton Community Development Staff FISCAL IMPACT: The grant requires a 10% local match for the first year Cwt will total $6,367. A combination of the following sources will be used as match: Community r Development administration funds previously set aside for a human services conference ($5,000), volunteer hours ($1,500), and Vision Learn Committee monies ($5,000). t • • - >,.3 M. ..'P. r•... q... ~sr+r ~~4e:wc v. -.n sti.r-.:r hN.:~.~~s...'.<>aMPnw'r r~M w.u:,.«,w.. YRespectfully submitted: Ted Benavides City Manager Pre red by: Derrick Collins Human Services Coordinator App Rick Sve61a Deputy City Manager • i i 2 t • • 6:\NPD0C'5\RES\CH:LDREN. RE5 i RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH THE CHILDREN'S TRUST FUND OF TEXAS FOR A FAMILY RESOURCE CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has indicated that he would like to negotiate a contract with the Children's Trust Fund of Texas, hereinafter referred to as "CTF", to establish a Family Resource Center; and WHEREAS, the CTF requests that the City Council pass such a resolution so authorizing the city Manager prior to the negotiations commencing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to negotiate, on terms and conditions that he may deem advisable, a contract with the CTF. SECTION II. That once the contract has been negotiated by the City Manager and approved as to form by the City Attorney, the City Manager shall bring the contract back to the City Council to be approved by the appropriate passage of an ordinance authorizing the City Manager to enter into such a contract. SECTION III. That the City Council has found and determined that the meeting at which this resolution is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings Law, Tex. Gov't Code ch. 551, as amended. The above resolution was passed after the mayor determined that a quorum of the City Council was present, and it was passed by at least four votes of the City Council, as required by the City Charter and the City Council's Rules of Procedure. SECTION IV. That this resolution shall become effective • immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. ' f i • JACK MILLER, MAYOR • • ATTEST: i J JENNIFER WALTERS, CITY SECRETARY BY: 3 c, a • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: O .y Page 2 4 .G ~n+h✓r.~-.r ..:ew,M ~ ~ fc7.i ~ i rte- iz ~i'~1~.1 _ ~ :a'x ~ • ..n CERTIFICATE OF CITY SICRBTARY I certify that the above and foregoing constitutes a true and correct copy of a part of the minutes of a meeting of the City Council of the City of Denton held on the day of 1997. To certify which, witness my official signature and the seal of said city, this the day of 1997. City Secretary City of Denton, Texas r` 1 • • I y ~ ~ • 0 I 5 IN P. I • • Council Members Children's Trust Fund of Texas The good we do x'ill last a lifetinte. CJtatrperson Peggy B. Smith, PhD 9929 Show! Crock Blvd., Suite 200 • Au•nn, TX 78777-6854 Houston 512)4391:91 • fax SU.u55 9471 • inqu,ne,Qctf.mile ix. us We-Chalrperson January 14, 1997 Michael Ad cc Reilly Arlington Patricia Aguayo Barbara Ross El Pasc City of Denton Community Development Office J. Randolph Burson 909 Linden Houston Denton, TX 76201 Dear Nis. Ross: Thelma Sanders Clardy Dana' Congratulations on your selection as a Family Resource Center demonstration site for fiscal year 1997. In order for the contract to begin, all documentation must be receivad in the CTF Anne Crews office no later than January 29, 1997. Please keep in mind that you cannot be reimbursed Danas for expenses prior to the completion of the contract agreement. Sy I . Contract Data Sheet Form (PG-1000): Complete and submit one (1) copy. Sylvia Martinu~FJorcs Lubbock 2 Budger Forms (.'G-014 - PG-019): Provide three (3) copies of each form. A list of alloµable and un illossable CTF and match expenses is attached. Also included Pauline M. Mouton is a proposed budget for the contract period of February 1 to August 31, 1997, Beaumont 3. Plan of Operation.' The instructions to prepare this document are included. 'This Juan Parrs, DID, MPH document provides specific details on the scope and management of the project and San Antonio becomes an iutcgral component of the contract. Please complete and return three (3) copies. Executive Director 4. Timeline (Farm PG-009): Complete and return three (3) copies. Janie D. Fields, MPA Amain 5. Texas Application for Pare Identification Number. Complete and return the original • 6. Local March Verocation Form (PG-001): Complete and return the original. CTF policy requires a local match contribution of 10% of the CTF contract amount for the first year. 7. Corporate Bourd of Directors Resolution (Form PG-001): Complete and return the original • g. Texas Corporate Franchise Tax Certification (Form PG-011): Complete and _ O • return the original. i , CrF tnkisdirs • Family PRIM lPrineiptrt, Rrspanribihp; lntrgrirx Discipline, EducaNonJ - Texas Children's Memorial • Stare Child Fatality Review Team Comminee 5 147ngt Non PACE (Parent Advaacy Center for Education J i i • r Barbara Ross January 14, 1996 Page Twn 9. 1•inancial Jtfanagement Questionnaire (Form PG-010): Complete and return the original. 10. Applicant Statement ofCoopetatlon. Assurances, and Certification !Form PG-011): Complete and return the original. 11. Provide a one page letter of endorsement from two (2) community organizations from the area in which the funds will be used 12. Provide one copy of any subcontracts that you will have during the contract period. 1?. Provide one copy of F-al job descriptions for program staff. Also included is a copy of the Guide to Procedures for FF97 Grants. All staff and board members associated with the Family" Resource Center program should review this document. Materiels that will be forthcoming: • Completed contract packet that will include a signed copy of the Contract Agreement, Plan of Operation, Timeline, and Contract Budget Form PG-014 • Monthly Expenditure Forms for reimbursement • Other required forms and reports P'.casc feel free to contact me at 512/458-1281 if you have any questions as you review and prepare required materials. The contract will begin upon signatures of both parties. We look fonNard to working with you. Sincerely, Sharman Crow Program Manager • Enclosures l ~ • O cc: Janie D. Fields, btPA, Executive Director Children's Trust Fund of Texas Council 7 • s i Family Resource Centers Contracts Months of Service: Seven Effective Dates: February l', 1997 -August 31, 1997 Recommendations and Budget Information: Denton CTF will fund for seven months not to exceed $65,000 C'rF proposed budget: Staff - Director- 26,350 Secretary - 11,700 Benefits - Director - 6,324 Secrretary - 2,800 Travel and Training in Austin (2 trips) - 1,500 Technical Assistance by Martin Arocena - 5,000 Postage, Printing, and Supplies - 5,000 Phone- 2,000 Total: 60,674 Administration (51/o of total grant) 3,000 Grand Total: S63,674 Local allowable match expanded for period = $6,367 Notes: Define personnel better in plan. 8 k 0 • Agenda No. 97-0D~ ` Agenda Item----le' Date~~- - CITY OFDENTON, TEUS MUNICIPAL BUILDING DENIM TEXAS 76201 • TELEPHONE 8f7-566-8309 office of the City Secretary MEMORANDUM DATE: February 13, 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. fer a ers C y Secre ary ACCOOOF4 f i 3 ,r~ - j • t! • C I 'Dedicated to Qaahty Service' ; 7- M, 4vrha~.nM.+«, v..ric. v yJ • tijenda No. Age Item - Cato , CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 - TELEP1f0NE (817) 566-8307 Ofve of the City Manager M E M O R A N D U M TO: Mayor and Members of the City unci2 FROM: Ted Benavides, City Manage DATE: February 13, 1997 RE: 1997 Council Meetings Based on conference schedules and fifth Tuesdays, I would recommend cancelling the following Council meetings: March 11 - Wcrk Session - NLC - Washington April S - Work Session - Denton County Day April 29 - 5th Tuesday June 24 - Work Session - U. S. Conference of Mayors - Mayor and City Manager attending July 29 - 5th Tuesday September 16 - Regular Meeting - ICMA - City Manager and Deputy city manager attending _ I 1 September 30 - 5th Tuesday November 25 - Work Session - Tuesday before Thanksgiving • December 23 - Work Session - Tuesday before Christmas December 30 - 5th Tuesday * - this meeting might be needed for budgeting • Meetings to add to schedule • • April 15 - Special Call to open bids for bonds - 11:00 a.m. J 'lkdicaud to Quality Strytu" oil III • r V e XT MiL -I D • i WIN