HomeMy WebLinkAbout05-06-1997
City Council
Agenda Packet
May 6, 1997
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AGENDA Apenda No.
CITY OF DENTON CITY COUNCIL Agenda Item r'
May 6, 1997 Oate--=~_
Regular Meeting of the City of Denton City Council on Tuesday, May 6, 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 -1 p,:dge allegiance to thee, Texas, one and indivisible."
2. Consider approval of the minutes of February 25, 1997 and March 4, 1997.
3. Presentation of graduation certificates to 19 utility line technicians by the United States
Department of Labor.
4. Presentation of "Certificate of Achievement for Excellence in Financial Reporting" award
by the Government Finance Officers Association of the United States and Canada
(GFOA).
5. Report from Cindy Vance regarding the results of the City of Denton Blood Drive.
CITIZEN REPORTS
6. Citizen report from Dessie Goodson regarding the City's sign and pet ordinances.
NOISE EXCEPTIONS
7. Melodica Festival from 6:00 p.m. until 2:00 a.m. Thursday, May 8, 1997 through
Sunday May 11, 1997 at the ARGO, 1217 W. Oak.
8. lee Lewis Construction, Inc. to pour concrete on ten occasions between mid-May 1997
and October 1997 at 1900 Jason Drive starting at 5:00 a.m.
O 9. Terry Shepard until 12:00 midnight on Friday. May 16, 1997 at the North Texas State
Fairgrounds for a graduation dinner and dance.
PUBLIC HEARINGS
10. Public hearing and adoption of an ordinance amending Ordinance 83-110 (PD-63) to
O reduce the required front yard setback from 25 feet to 16 feet for Lots 4B through 7B, O O
Block 2, of the Snider Addition Section 1, and the rear yard setback from 15 feet to 10
feet for Lots 6A through 7B, Block 2 of the Snider Addition Section. The subject
property is located on the north side of US77, west of Windsor. (The Planning and
Zoning Commission recommends denial 6-0.)
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City of Denton City Council Agenda
May 6, 1997
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11. Public hearing and adoption ol'an ordinance approving a detailed plan of 8.99 acres in
Planned Development 104 (PD-104). The subject property is located on the south side
of Hobson Lane, approximately 500 feet east of Country Club Road. (The Planning and
Zoning Commission recommends approval 7-0.)
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VARIANCES
12. Exaction v, riance of Section 34-114(17) concerning perimeter sidewalks for a detailed
plan of 8.99 acres in Planned Development 104 (PD-104). The subject property in
located on the south side of Hobson Lane, approximately 500 feet east of Country Club
Road. (The Planning and Zoning Commission recommends approval 6-1.)
13. Exaction variance of Section 34-114(5) concerning perimeter paving. The subject
property consists of 13.401 acres, is in the Light Industrial (LI) zoning district, and is
located on the west side of Mayhill Road, approximately 1,000 feet south of McKinney
Street. (-The Planning and Zoning Commission recommends approval 7.0.)
14, Exaction variance of Section 34-114(17) concerning sidewalks for Rancho Del Iago.
The subject property is in the Agricultural (A) zoning district, consists of 735.892 acres,
and is located between U.S. 380 and McKinney Street, approximately 6,000 feet east of
Mayhill Road. (The Planning and Zoning Commission recommends approval of a partial
variance 7-0.)
15. Exaction variance of Section 34-124(e) concerning drainage design standards. The
subject property is in the Agricultural (A) zoning district, consists of 735.892 acres, and
is located between U.S. 380 and McKinney Street, approximately 6,000 feet east of
Mayhill Road. (The Planning and Zoning Commission recommends approval 7-0.)
16. Exaction variance of Section 34-114 (8)(c) concerning the maximum block length. The
subject property is in the Agricultural (A) zoning district, consists of 735.892 acres. and
is located between U.S. 380 and McKinney Street, approximately 6,000 feet east of
Mayhill Road. (The Planning and Zoning Commission recommends approval 7-0.)
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent "Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
• questions regarding these items prior to consideration. •
Listed below are bids and purchase orders to be approved or payment under the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda items 17-25), This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items
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City of Denton City Council Agenda
May 6, 1997
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are pulled, Consent Agenda Items #17-25 below will be approved with one motion. A citizen
may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless
the item is removed from the Consent Agenda. The speaker shall be allowed to speak and the
item shall then be considered before approval of the Consent Agenda.
17. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of materials, equipment, supplies or services. (Bid #2025 - Preventive
Auto Maintenance)
18. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of materials, equipment, supplies or services. (Bid #2030 - 2500 KVA
Transformers)
19. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of materials, equipment, supplies or services. (Bid #2038 - Self-
Propelled Road Sweeper)
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20. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding
a contract of contracts for the purchase of materials, equipment, supplies or services.
(RFSP #2008 - Automated Recreation Management System)
21. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid #2043 - Fred Moore Park
Activity Stage)
22. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid #2046 - Fred Moore
Park/McKenna Park Site Improvements)
23. Consider adoption of an ordinance providing for the expenditure of funds for emergency
purchases of matenils, equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of competitive bids. (P.O.
#74512 - AMS Pump)
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24, Consider adoption of an ordinance authorizing the City Manager to execute a professional
services contract with Application Control Engineering for engineering services for Pecan '
Creek Water Reclamation Treatment Plant Automation for the City of Denton; and
authorizing the expenditure of funds therefore. (P,O. #74562 - Application Control
Engineering)
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25. Consider adoption of an ordinance authorizing the City Manager to execute an interlocal
agreement with the City of Lewisville relating to participation in various City of Denton
contracts which provide for the purchase of various goods and services.
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City of Denton City Council Agenda
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ITEMS FOR INDIVIDUAL CONSIDFRATION
26. Consider adoption of an ordinance annexing a 286.57 acre tract located north of Brush
Creek Road and east of U.S. Highway 377; and establishing temporary agriculture "A"
zoning district classification. (A-75)
27. Consider adoption of an ordinance authorizing the City Manager to execute an
amen&nent to the commercial operator airport lease agreement between the City of
Denton and Bruce Brown which was assigned per Resolution No.1197-015 to Dwayne E.
Hatcher and David W. Austin to allow for refinancing of the improvcments within such i
lease.
28. Consider adoption of an ordinance authorizing the City Manager to execute an airport
lease agreement between the City of Denton and Ezell Aviation, Inc. for approximately
8.2 acres of property located at the Denton Municipal Airport, which preempts the lease
assigned per Resolution No. 97-020 to Ezell Aviation, Inc. from Fox -51 Limited.
29. Consider adoption of an ordinance authorizing the City Manager to execute a contract
for child abuse prevention services with Children's Trust Fund and with the Denton
Family Resource Center, Inc. as a subcontractor, to provide a family resource center and
to make application to the Children's Trust Fund of Texas to obtain a grant for a family
resource center; ratifying the actions of the City Manager, City Attorney, and other
officials of the City in regard to this grant application.
30. Consider adoption of an ordinance authorizing the City Manager to execute an agreement
with the Texas Department of Transportation for improvements to Eagle Drive at Bell
Avenue, Eagle Drive at Carroll Blvd. and Eagle Drive between Avenue A and IOOF
under the Congestion Mitigation and Air Quality Improvements Program.
31. Consider adoption of an ordinance authorizing the City Manager to execute four
agreements between the City of Denton and the Texas Department of Transportation for
the study and improvement of four intersections within the City limits of Denton.
32. Consider adoption of an ordinance authorizing the City Manager to execute an agreement
with the Texas Department of Transportation for improvements to Carroll Blvd. from r
F.M. 428 to U.S. 377 under the Urban Street Program.
33. Consider approval of a resolution authorizing the sale of property described as Lot 3,
Block 1, Woodcreek Addition, Denton, Denton County Texas, as more fully described
Y herein; authorizing the Mayor to execute a deed without warranty to the purchaser. a
34. Nominations/appointments to City Boards/Commissions.
35. Consider adoption of an ordinance canvassing the returns and declaring the results of the
regular municipal election held in the City of Denton on May 3, 1997.
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City of Denton City Council Agenda
May 6, 1997
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36. Oath of Office administered to newly elected Council Members.
37. Election of a Mayor Pro Tempore.
38. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discuss and consider settlement in the Sangster case.
2. Discuss and consider settlement of litigation styled Yapit v. City of
Denton.
3. Discuss end consider settlement demand in claim of Tetreault.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074
39. Consider adoption of an ordinance approving and authorizing the City Manager to
execute a comprc rise settlement agreement in the matter of wit v. Ci of Denton;
authorizing the expenditure of budgeted funds in an amount not to exceed $10,229.11.
40. Miscellaneous matters from the City Manager.
41. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
42. New Business
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This item provides a section for Council Members to suggest items for future agendas.
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May 6, 1997
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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. in.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIFS ACT. THE
CITY WJJ L 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-P.ELAY-TX SO THAT
A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE. j
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Agenda No i,
CITY OF DENTON CITY COUNCIL MINUTES Apendt Item
February 25, 1997 Gale
The Council convened into a Closed Meeting on Tuesday, February 25,
1997 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
4 The Council convened into a Work Session on Tuesday, February 25,
1997 at 6:00 p.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council received a report and held a discussion regarding
the results of the 1997-98 City council budget priority
questionnaire.
Kathy DUBOSe, Executive Director for Finance, stated that the
questionnaire was used to start the budget process. The responses
were ranked in two ways. One was a priority of response which
indicated what the highest priorities were and a rating of the
service areas. The second was an effort rating in the areas. Each
service area was ranked by effort which the Council would like to
increase, decrease or keep the same. There was also an individual
listing of comments given by the Council Members.
Council Member Beasley asked how the questionnaire was actually
used in the budget process.
• DuBose stated that when the budget kick-off was started, each
manager received a copy of the questionnaire which was a key to
develop the department budgets.
Council Member Young asked for the top five responses.
DuBose stated that this was based by priority of response. The
• first priority was emergency medical service. The effort rating I~ • •
was 4.29 which was slightly above continue current effort. This
was indicated as a council high priority to keep the current effort
J or increase it slightly. The second priority was fire prevention
which was indicated as a high priority to increase this area. Fire
suppression was the next priority which the Council indicated was
a h'qh priority to continue or increase slightly the current
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City of Denton City Council Minutes
February 25, 1997
Page 2
effort. The COPS program was next which was a high priority to
increase the progran followed by street maintenance and repair to
increase the effort.
Council Member Young stated that storm drainage was high on the
list.
DuBose stated that it was ranked sixth with an indication from
Council to substantially increase efforts.
Mayor Miller stated that fire suppression was slightly above
maintain the current level. Staff would look at that as it was a
high priority item for Council.
Council Member Cott stated that there was no money for storm
drainage or recycling. More money might be needed in the storm
drainage even if another program might be desirable but not needed.
He suggested equating some of the money to these items next year.
He suggesting indicating how much was currently being spent for
each item.
DuBose stated that the budget document listed what was spent for
the two prior years, what currently was budgeted and what was
projected. Staff took Council's recommendations and decide what it
would cost to continue the service area at a certain level.
2. The council received a report, held a discussion and gave
staff direction regarding the 1997-98 budget calendar.
Kathy DuBose, Executive Director for Finance, presented the budget
calendar which was included in the agenda back-;:p materials. Two
specific dates were August 8 and August 15 which were all day
budget workshops.
Consensus of the Council was to proceed with calendar as presented.
3. The council reviewed a timetable for consideration of the
Denton Development Plan.
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Rick Svehla, Deputy City Manager, stated that a schedule was
included in the agenda back-up materials. Last night the schedule
was reviewed with the Committee which reconfirmed that schedule.
One important date for council would be March 25th which was when
the committee would be presenting the plan to the Council. There
was a 40 day period to put information out in citizen utility bills
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week in May. The Committee planned to hold those meetings four
nights in a row in different parts of the City. Elementary
J Schools and recreation centers would be used for the meetings. The
committee would compile the information from the public hearings
with another briefing to Council in early June. The information
would then go to the Planning and zoning Commission for a study
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City of Denton City Council Minutes
February 25, 1997
Page 3
session and a final review by Council with a public hearing in
August.
Council Member Biles stated that the public hearings planned were
for four meetings in one week. Anyone who happened to be gone on
a business trip or out of the area might miss those meetings.
Svehla replied that that was discussed but that a majority of the
Committee wanted to keep the meetings to one week.
Mayor Pro Tem Brock asked if it might be possible to have the
meetings a week earlier.
Svehla replied that the only concern would be that that would be
pushing that 40 day window after the Council briefing on the 25th.
The utility billing system was a 30 day cycle. There would be a
concern about the time factor involved with the billing cycle.
Council Member Biles asked if there would be notices in the
newspaper and radio stations.
Svehla replied correct plus the cable television station.
City Manager Benavides stated part of the reluctance was
substituting Council's opinion over the Committee's
recommendations.
Council Member Beasley also expressed a concern about the timing of
the meetings. She suggested changing the Tuesday meeting as she
would like to be present at all of the meetings. She suggested
moving that one meeting so Council could attend. This was such an
important issue for the whole community that there was a need to
get the word out not just in the utility bills so that all citizens
were informed about the meetings and the proposal. She suggested
having the neighborhood groups notified about the public hearings.
All citizens should have input about the process and what was
involved with the plan.
• City Manager Benavides stated that staff would put a media plan in
the Council packets.
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Mayor Pro Tem Brock stated that timing of the notice was important.
She felt that even if the briefing to Council was earlier, the
public hearings would still be held and the Council would receive
that input. ,
Svehla stated that the thought was to not send out the schedule for
the public hearings until after the council briefing as there might
be changes made to the plan after that briefing. If the meetings
were split, some of the meetings would still have that option to be
included in the billing cycles.
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February 25, 1997
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Mayor Miller suggested returning the schedule to the committee with
a recommendation to hold two meetings in April and two in May.
Council Member Biles suggested not holding the meetings on Tuesday.
Concensus of the Council was to proceed.
Mayor Pro Tem Brock suggested that the meetings be video taped and
run on Channel 26.
4. The Council received a report, held a discussion and gave
staff direction regarding northeastern extraterritorial
jurisdiction boundaries near Aubrey, Crossroads, Krugerville, Oak
Point, and Shady Shores.
Rick Svehla, Deputy City Manager, stated that staff had been
working for a long time on this boundary line. In November there
was a discussion about the line of Highway 380 with Aubrey, Cross
Roads and Krugerville. The suggested boundary line, starting at
Highway 380, would go along Rock Hill Road which was the eastern
boundary of the Corps property, continue along the eastern boundary
of the Corps land along the river and proceed to Highway 455 on the
northern end, turn parrell 500 feet south of Highway 455. South of
Highway 380 the line would run in the lake. The western shore would
be in cross Roads or Oak Point and the eastern shore would be in
Denton. It was recommended to define this line as the eastern and
northern boundary of Denton's ETJ and anything to the south or the
east of that would no longer be in Denton's ETJ and Denton
relinquished any ETJ jurisdiction. Those cities in that area
would then negotiate among themselves to define their boundaries.
Staff felt this would be the easiest way to solve the problem.
This set a boundary which Denton could plan for in the future. The
river was chosen based on staff review of what Denton could serve
with its infrastructure. The Corps land was used for a boundary as
those boundaries were already fixed.
Council Member Young asked if the line from Aubrey was what was
agreed upon.
Svehla stated that at the last meeting the eastern boundary of the r
Corps property was agreed on.
Mayor King of Aubrey replied correct.
Mayor Pro Tem Brock stated that this agreement was not ever really
! finalized a number of years ago and did not involve the current • •
Council. She felt this was a good solution and reassured Denton's
neighbors that Denton wanted to be a good neighbor. Denton would
still have a lot of land to serve with city services.
Council Member Young motioned to direct staff to prepare the City's
ETJ line as shown in Attachment One and to prepare a map showing
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City of Denton City Council Minutes
February 25, 1997
Page 5
the Aubrey ETJ agreement line. Motion died for a lack of a second.
Council Member Biles stated that the proposed line would preserve
in Denton, the Corps land on the east and west sides of the river.
Svehla replied correct.
Council Member Biles stated that when the line got to Highway 455,
500 feet would go out to the end of radius. Once the line went
below Highway 380, the line go down the middle of the lake.
Svehla stated that it would Le some part of the lake so that the
eastern shore would either be in Cross Roads, Oak Point or Shady
Shores and the western shore would be in Denton.
Biles motioned, Brock seconded to direct staff to proceed with the
action necessary to get the proposed boundary line in place.
Council Member Biles stated that this was only dealing with the
eastern border. Was it correct that the line would stop on the
southern end at 235.
Svehla relied that there were a number of agreement lines already
in place on the southern end.
Council Member Biles stated that his motion included the southeast
corner of the lake and going north.
Council Member Cott felt that there was nothing in this for Denton
and that Denton would lose a bargaining chip for the future around
Lake Ray Roberts. One problem with Lake Lewisville was that the
number of cities involved was too great. He would vote against the
motion as there was nothing for Denton.
Council Member Young asked if the motion included an agreement line
with Aubrey.
Mayor Miller stated that there was no agreement with Aubrey. The
• City was relinquishing ETJ so that Aubrey would be able to do what
agreement it wanted.
Council Member Durrance stated that there were several areas which
had petitions.
Svehla replied that Aubrey had some signed petitions.
• Council Member Durrance stated that those would be the people who O O
wanted to be in the City of Aubrey.
` Svehla replied correct.
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February 25, 1997
Page 6
Council Member Durrance asked if the proposal would take care of
the Krugerville area,
Svehla replied yes and that if there was a dispute in the future,
it would not concern Denton.
Mayor King stated that most of the petitions were signed in 1988
when the City of Denton approached Aubrey with a boundary
agreement. Denton asked Aubrey to pass an ordinance with the same
subdivision requirements which Denton required. Most of the
petitions were from that. He had had numerous calls from residents
expressing a desire to be in Aubrey's ETJ.
Council Member Beasley stated that Council was just giving staff
direction for this proposal. There was the beginning of an
agreement in 1989 but it was never finalized by the City of Denton.
No previous agreement was being broken.
Svehla replied that that is his understanding. This proposal was
merely, establishing Denton's lines.
Council Member Young asked if there would be an agreement later
with Aubrey or did this propoeal take care of that.
Mayor Miller stated that this proposal was relinquishing that land
which Aubrey was looking for.
Mayor Pro Tem Brock stated that this was not an agreement line. It
just established Denton's line.
On roll vote, Beasley "aye", Brock "aye", Cott "nay", Durrance
"aye", Young "aye", Bile "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
with no further business, the meeting was adjourned at 6:55 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
O CITY OF DENTON,TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
March 4, 1997
The Council convened into a Closed Meeting on Tuesday, March 4,
1997 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Considered and discussed evaluations, duties and
conditions of work of Municipal Judge, City
Attorney and First Assistant City Attorney.
The ouncil convened into a Regular Meeting on Tuesday, March 4,
1991 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Durrance, and Young.
ABSENT: None
1. Pledge of Allegiance
The Mayor and members of the City Council recited the Pledge of
Allegiance to the U. S. and Texas flags.
2. The Council considered approval of the minutes of January 7,
January 14, and January 15, 1997.
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Young motioned, Beasley seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried unanimously.
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3. Resolution of appreciation for John Robinson.
The following resolution was considered:
"RESOLUTION OF APPRECIATION FOR JOHN ROBINSON"
• Biles motioned, Brock seconded to approve the resolution. On roll O O
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
March 4, 1997
Page 2
Mayor Miller presented Yard of the Month Awards:
Robin and Terry Bain - Residential
Cathryn Kirk - Residential
Outback Steak House - Commercial
Sweetwater Grille and Tavern - Downtown Business Award
Mayor Miller presented the following proclamations:
r Denton Redbud Days
American Red Cross Month
4. The Council considered a request for an exception to the Noise
Ordinance and Street Closure for REZ Week Activities on Thursday,
April 3, 1997 until 12:00 midnight.
Veronica Rolen, Administrative Assistant, stated that this request
was for REZ week activities to be held April 3, 1997.
Council Member Young asked if this was a church group.
Rolen replied correct.
Council Member Young asked if this group had previously requested
an exception.
Rolen replied that for two of past three years, an organization had
requested an exception. It might not be the same group but during
this week there had been similar activities.
Council Member Young asked if there had been any problems reported
with prior exceptions.
Rolen replied no.
Brock motioned, Cott seconded to approve the exception. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
CITIZEN REPORTS
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5. Dessis Goodson regarding general issues concerning the City of
Denton.
Ms. Goodson stated that on February 24th, SPAN and the City held a
• public hearing regarding public transportation and demand response. • •
Total attendance at that public hearing was 15 people. There were
no council Members in attendance. Representing SPAN was Erika
Lissberger. Those attending were told that after the meeting there
would be transportation service to wherever they needed to go.
They walked out of the meeting and there were no transportation
vehicles present. She had to walk home in the rain. At the public
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March 4, 1997
Page 3
hearing she mentioned the reasons why there were no benches and
shelters at the stops due to the fact that routes were revised
every six ^onths. She suggested that the best thing to happen to
SPAN and Denton's public transportation was to boycott it. She
would not use the transportation system until it was improved. The
demand response service was not a mandatory charge of $1.50. That
was only a suggested donation. She had received much information
regarding the rules and regulations regarding a transportation
system. The City was not abiding by the rules and regulations as
set forth by the Texas Department of Transportation. The second
reason she was speaking at the meeting was due to a letter she
received by Assistant City Attorney Bucek. On February 14th, after
she had sent a request for opinion to the Attorney General, he sent
one stating that he did not know if it was his responsibility to
respond. The City did not respond to half of what she had
requested in an open Records request. Ms. Goodson stated that Mr.
Bucke's letter stated that she was incoherent in her writing and
her conversations. She asked the Council to let her know if she
was not understood when talking to her. She felt that this was
another case in Civil Court for slander.
6. Larry Mullen and Mr. Mess regarding city-wide clean up April
12, 1997.
Mr. Mess and Larry Mullen did a presentation for Denton Glad Bag-a-
thon Clean Up day. Mr. Mullen asked Council to join in the annual
Bag-A-Thon clean up on April 12th.
7. Gary Tetreault regarding floodin3 problems in Denton.
Mr. Tetreault stated that he was not have a degree as a civil
engineer but in the Navy he worked on production and control of
water, oil and steam storage and flow. He moved to Denton in 1991
to complete his military tour. There had been flooding problems
ever since he lived here. Many of the problems were still the same
as when he moved here. Recently the City tried to raise a sales
tax for economic development. Now the city was going to spend
money to build a road from Woodrow Lane to Loop 288 for more
business and more people. This also added to the problem. He felt
• the money would be better spent in drainage. Whenever the City had
long periods of rain, the streets flooded. Many city personnel
have had to deal with these problems during the flooding. He
suggested people be responsible for maintaining the runoffs and
them keep clear of debris. He asked the Council to take care of
this problem so that no one else would have to do what he had to do
which was to bury a loved one who died in a flooding accident in
• the City. •
Council Member Young stated that there was a drainage problem in
Denton. Last year the budget allocated less than $200,000 for
drainage. He was in favor of allocating a million dollars a year
for drainage to address these problems. The City was starting to
do something about drainage but was having a problem starting the
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March 4, 1997
Page 4
process. In 1997 a lot of work should be done in this area. Not
enough money had been budgeted for drainage and he knew that the
Council would address the problem.
PUBLIC HEARIN08
8. The Council held a public hearing and gave direction to staff
with regard to the proposed annexation of a 286.57 acre tract
located north of Brush Creek Road and east of Highway 377. (A-75)
Rick Svehla, Deputy City Manager, stated that this was the second
public hearing regarding this annexation. The area was known as
the Hills of Argyle. A proposed subdivision had recently been
platted. As with any development near the City, the Subdivision
Rules and Regulation required an annexation study which provided
Council with information regarding the annexation.
Mayor Miller stated that this was a question of whether this
development would be in the city limits and not whether or not it
would be built.
Svehla replied correct.
Council Member Cott asked if the City would have to pay, if it was
not in the ETJ.
Svehla stated that the City would only provide services if it was
in the City limits of Denton with the exception of EMS service as
the City had a contract with the County to provide services.
Council Member Young asked if the property owned by Jake Dane was
included in this annexation.
Svehla replied no that it was only for the subdivision.
The Mayor opened the public hearing.
No one spoke in favor.
Greg Edwards stated that he was in opposition to the annexation.
one reason was the processing factor. The developer was delayed in
financing and was not as far along as he wanted to be. With the
difference between City and County rules, it was determined that a
driveway permit was needed through Denton County and built per City
requirements. It was requested to delay the annexation until the
first phase plat was completed. That would not reduce any of the
• development requirements and would not reduce any review by the O 0
City. This was a large lot rural development and the owners did
not see the value of annexing it into the City. Another concern
was the increased number of inspections required in the City than
in the County. It would add about a months processing time to
complete a home if it were in the City rather than just in the
County. The owners desired to stay outside the city limits.
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Page 5
Mayor Pro Tem Brock asked if the owners were just now finding out
about this proposed annexation.
Edwards replied that he was called this afternoon.
Mayor Pro Tam Brock asked if the owners were just now finding out
about this proposal.
Edwards stated that he was not sure of when the owner had been
notified as he had been out of town on business.
Rick Svehla, Deputy City Manager, stated that the owners had been
notified by letter before the process was started.
Mayor Pro Tem Brock asked when the process was started.
Svehla replied that the Council was briefed on January 21st and the
first hearing was February 24th. The owner received letters before
that time.
Herb Prouty, City Attorney, stated that one of the reasons to have
the Council approve the annexation schedule was due to the legal
requirements for public hearings prior to the actual initiation of
the annexation proceedings. If Council delayed this annexation,
the process would have to be started again due to the legal time
frame.
Svehla replied that at the schedule was approved at the Council's
February 4th meeting and the first public hearing was held on
February 18th.
Edwards stated that during the Development Review Committee
process, staff had informed them that the annexation proceedings
would be started.
Council Member Biles asked Edwards if he were representing the
developer of the project.
Edwards replied correct.
•
Council Member Biles stated that the developer was opposed to
annexation.
Edwards replied correct.
Council Member Biles stated that that objection was based on
• receiving clearance from FEMA and that related process which would
not change what the City would require whether annexed or not. O O
Edwards replied correct as far as the subdivision development.
Their first concern was the processing time.
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Council Member Young asked if there was anything in writing that
the developer was in opposition to the annexation.
Edwards stated that he did not have anything in writing but he did
have a contract to represent the owner in the preliminary plat
process.
Council Member Young asked how much time the developer was
requesting before starting the annexation.
Edwards replied that they were hoping to have a plat to the City
for review by the end of the month and were probably looking at the
end of April for a final plat.
Council Member Cott stated that the Council needed to think about
what was best for Denton.
David Yoder stated that he had attended the subdivision meetings
regarding this annexation. He did not object to the subdivision
but if the area was annexed into the City, then the City needed to
deal with the flooding on Brush Creek Road. A variance was allowed
for the water which ran under Brush Creek Road on the west end
where it currently flooded. Currently flooding was coming off the
golf course and the County was not doing a good job of maintaining
the road or the bridge. Every house added and every bridge built
in the area, would add to backwash and flooding on Brush Creek
Road. If this property was taken into the City, then were was a
need to do something about access and drainage.
Svehla stated that the developers would have to submit plans for
improvements to the crossing to FEMA. FEMA was the ultimate
authority on those issues. Whether in the city or not, if the area
was platted and met city requirements, by law the plat was filed
whether approved or not.
Council Member Beasely asked if Mr. Yoder was opposed to the
annexation.
Yoder replied yes as it was too close to his property.
•
Council Member Beasley asked if the County had been approached
regarding Brush Creek Road.
Yoder replied yes with no response given.
M.C. Birch stated that he could not see how the developer was going
• to take care of the water as it currently was a problem. He • O
suggested that Hickory Creek needed to be taken care of which tied
into Brush Creek.
The mayor closed the public hearing.
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March 4, 1997
Page 7
Biles motioned, Durrance seconded to proceed according to the plan
adopted.
Council Member Young stated that the council should listen to the
people and take no action at this point in time.
Council Member Cott stated that he would support mcving ahead with
this proposal. The City would be able to address standards better
if the proposal were in the city limits.
on roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion
carried with a 6-1 vote.
9. The Council held a public hearing and considered adoption of
an ordinance approving modifications to the Flood Prevention and
Protection Regulations, Chapter 30 of the Code of Ordinances.
Rick Svehla, Deputy City Manager, stated that this ordinance would
adopt the new FEMA regulations. FEMA had completed all of the maps
in the County which were used inside the City to regulate
development and for construction if it was close to channels and
flood plains. Several other issues would also be clarified
regarding the 18" above flood elevations.
Mayor Pro Tem Brock stated that Council really did not have any
choice about this. The City was required to adopt this revised
map.
Svehla replied correct but that if the City did not adopt the map,
the flood insurance program would go away. I
Council Member Beasley asked if there substantial changes in the
revised maps.
Svehla replied no that the City's maps were in existence since the
1970's-1980's. FEMA started the maps in the cities and then
expanded into counties. There were some revisions but they were
very minor ones.
•
The Mayor opened the public hearing. r
No one spoke during the public hearing.
The Mayor closed the public hearing.
• The following ordinance was considered: • •
I
NO. 97-056
AN ORDINANCE Ai!ENDING SECTIONS 30-5, 30-32 AND 30-53 OF
CHAPTER 30 TITLED "FLOOD PREVENTION AND PROTECTION" OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON TO REVISE THE BASIS
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City of Denton city council Minutes
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Page 8
FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD AND TO REVISE
THE FLOOD PROTECTION STANDARD FOR NONRESIDENTIAL CONSTRUCTION;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
NOT TO EXCEED $2,000; AND PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
Cott, Beasley seconded to adopt the ordinance. on roll vote,
Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Bikes "aye,, and Mayor Miller "aye". Motion carried
unanimously.
10. The Council held a public hearing rezoning 4.004 acres from
the Agricultural (A) zoning district to an Office Conditioned
(O[c)) zoning district. The subject property was located on the
east side of Teasley, approximately 500 feet south of the
Teasley/Lillian Miller intersection. (The Planning and Zoning
Commission recommended approval 6-0.)
Mayor Miller stated that Council Member Cott was leaving the
meeting with a potential conflict of interest. Items 110 and 111
would be considered together. A public hearing was held several
weeks ago on this item and this was a reopening of that public
hearing. Individuals in the area were notified about this hearing.
Rick Svehla, Deputy City Manager, stated that this was the second
public hearing on this proposal. The first public hearing was held
on January 7th and at that time the hearing was closed. Council
asked the petitioner to visit with the neighborhood for more input.
This second public hearing had been advertised and residents within
200 feet and the people who spoke at the January 7th meeting were
notified. The Planning and Zoning Commission recommended the
proposal with a number of conditions. Mayor Pro Tem Brock had
asked a question about a use for a hospital. That would be an
acute care hospital for emergencies and not a stay over hospital.
Council Member Biles asked about the original area considered
earlier for residential.
Svehla replied that that area was much larger.
•
Council Member Biles asked if the Hersman case was contiguous to
this property.
Svehla replied correct.
Council Member Biles asked where the office zoning was for Hersman.
• •
Svehla replied that it was further north with .7 of an acre •
contiguous to the current office zoning.
Council Member Young stated that there was already office zoning
across the street.
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Page 9
Svehla replied that it was zoned for planned development for office
and already had office structures there.
The Mayor opened the public hearing.
Brad Meyer, Carter and Burgess, stated that originally the office
and residential zoning were considered at the same time. The
office zoning with residential was important as the numbers on the
plan were together. He reviewed the existing land uses around the
property which included existing office to the north and a fire
station and library directly across the street. The developer was
trying to buffer the residential Zoning with the office zoning from
the fire station across the street. There would be no access off
Teasley and all access would be from a boulevard inside tha
property. Another objective was to not have a strip configuration
for a strip shopping center. The site was a square to get away
from that concept. The boulevard road section going through the
property was 100' wide. The net acreage for office zoning, once the
boulevard was removed, was approximately 3 acres.
Council Member Young asked if there would be sidewalks in the
office zoning.
Meyer assumed that would go in with the office tract. The o
conditional office zoning would be consistent with other areas
along Teasley Lane. These would be house-styled offices to be
consistent with those in the area.
Council Member Beasely asked if there were any neighborhood i
meetings since the last public hearing.
Meyer stated that Rob Rayner handled those meetings.
Council Member Young stated that the six buildings would be a
buffer for the residential property behind the development. This
was a good land use for commercial rather than residential at that
location.
Council Member Durrance asked about the density of the proposal.
•
Meyer stated that the residential was under plan and if put with
the office zoning the entire proposal would be under. When
separated, the residential was under and the office was over.
Council Member Durrance stated that the separation was leas than
' mile. _
•
Meyer replied correct. • •
Council Member Biles stated that one of the four acres would be
used for the roadway.
Meyer replied correct. The roadway was 3001 wide by 400' long which
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City of Denton City Council Minutes
March 4, 1997
Page 10
equated to 40,000 square feet with an acre being 43,560 square
feet. To work out that math, the road would go slightly to the
north.
Council Member Biles asked if the 1001 included roadway and
easement on both sides of the roadway.
Meyer stated that it would be the entire right-of-way including the
center median, the two paving lanes and the parkways.
Mayor Pro Tem Brock asked how much of the total tract would be
covered with buildings, parking and roads. Her calculation was that
3.4 acres would be office.
Meyer replied it would be a bit less than that as the entire tract
was 4.004 acres. The developer was making the roadway wider than
it needed to be.
Mayor Pro Tem Brock asked about how much would be covered with
buildings and parking.
Meyer replied that there would be one acre of buildings, two acres
for parking and landscaping. If the building were two story, more
space would be needed for parking and landscaping.
Mayor Pro Tem. Brock asked about the list of permitted uses. she
thought that the offices would be professional in nature and not
such uses as acute care hospital, a residence home for aged or for
animal care. She asked what the developer had in mind for
permitted uses.
Meyer stated that the primary use was for professional uses. Other
uses might be considered if they fit into the area.
Council Member Biles stated that one point from the earlier public
hearing was that a site plan was needed. He knew that they were
not at the platting stage but he was now hearing that out of four
acres, about one would be used for a boulevard. Only three acres
of land use was being discussed. With the three acres, the building
would be one acre, half an acre would be parking lot and half an
acre would be landscaping. He asked it there were any type of a
proposed site plan as to how the buildings would be positioned and
where the parking would be.
Meyer stated that there was no site plan or footprint at this time.
They wanted to have the zoning in place first.
• 0
Council Member Biles stated that some of the permitted uses did not O
seem appropriate for this area.
Bob Shelton stated that they were going to be developing 400+ lots
on ` -ie site over a period of years. They were not going to do
anything in the front of the development, which was the main
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City of Denton City Council Minutes
March 4, 1997
Page 11
entrance into the subdivision, which was not attractive. The
office zoning was a natural buffer to what was across the street.
He felt professional offices would be built over a period of years.
He would not object to limiting the conditions for permitted uses.
Mayor Miller stated that the developer would be willing to strike
some uses.
Shelton replied correct. It would be better to put the landscaping
in front where would be seen.
Rob Rayner stated that a condition included in the proposal was
that additional trees would be planted on Teasley Lane. These
conditions were very similar to some of the other zoning offices
approved by council on Lillian Miller. The Planning and Zoning
Commission felt that the conditions neutralized the inconsistencies
from the Denton Development Plan. Surrounding zoning included a
library and two offices across the street and office zoning
immediately to the north of the tract. The surrounding area was
very diverse. He had talked with the Bent Oak residents to take
care of the concerns they had. They had addressed those major
concerns and he felt he had addressed most of those concerns. It
vas stated at the Planning and Zoning Commission that one of the
problems was a reference to the Denton Development Plan. The
Denton Development Plan and the Master Thoroughfare Plan were
guides so that there was a flexibility to disregard them if there
were other benefits that modified what was in the Plan. He felt
that this was an unusual case for the Denton Development Plan
because of diversity of the zoning and particular use.
Mayor Pro Tem Brock asked about the number in attendance at the
neighborhood meeting.
Rayner stated that four individuals attended the meeting and they
met with two other individuals after the meeting.
Mayor Pro Tem Brock stated that she too had noticed that the Denton `
Development Plan had been mentioned as a guide. when she and
others worked on the developing the Plan it was noted that the
o earlier document was called a "guide" and that was what this was
not intended to be. She felt there was a need to follow the plan
and if not, give a reason why.
City Attorney Prouty stated that since he had been with the City,
the Denton Development Plan had been used. Even if it was a guide,
a great deal of emphasis had been placed on it.
O Elizabeth Gourdie stated that most individuals left after the last 0
zoning case. People had lost faith fighting the Council regarding
this issue. Neighbors had had to compromise with everything and
the developers did not. She had received a letter from Century 21 J
indicating the value of homes in the area would be going down. I
There was good development and bad development. Good development
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Page 12
included businesses such as Peterbilt, Wal-Mart, and Lowes. Bad
development overburdened City services, gridlocked streets and
pushed out competing existing businesses. No sidewalks and bike
lanes around the Universities was bad development. Too many
offices was bad development. She felt the Council should postpone
this proposal and see what going to happen and then make a choice
with more information.
Mayor Miller indicated that Alan Wasserman had sent a letter to the
Council indicating that he was opposed to the proposal.
The petitioner was allowed a five minute rebuttal.
Bob Shelton stated that three acres of the proposal would be used
for office and if the building were two story, less acreage would
be used for office. The rest of the property would be parking and
landscaping. They were willing to strike certain kinds of
permitted uses from the list as the property was not intended for
those kinds of uses.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-057
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO AN OFFICE CONDITIONED
(O[c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
3.21 ACRES LOCATED ON THE EAST SIDE OF TEASLEY LANE,
APPROXIMATELY 590 FEET SOUTH OF THE INTERSECTION OF TEASLEY
LANE AND LILLIAN MILLER PARKWAY; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Biles seconded to adopt the ordinance with
conditions.
• Council Member Biles stated that as he now understood the proposal,
out of the 4.004 acres, roughly one acre would be a boulevard with
landscaping on the north and south side. There was also a
statement made that the boulevard would curve to the north and as
such would reduce to below three acres the amount of land for
development. The landscaping requirements on the yard facing
Lillian Miller as well as the landscaping between the development
• end the houses were greater than what was seen in other O
d,avelopments on Lillian Miller. Of the less than three acres of
office zoninc,, roughly an acre would be building with a half acre
devoted to parking. If he were buying a house on the western side
with this kind of traffic, he would appreciate a buffer. Since the
developer had agreed to remove the most traffic intensive uses, he
felt the proposal would address most of the intensity issue. If
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City of Denton City Council Minutes
March 4, 1997
Page 13
this had been considered with the residential zoning, the intensity
trips would have met the Plan. The proposal was addressing less
than 3 acres of use and half would be landscaping. He would second
the motion if it included striking hospital, general acute care,
nursing home/residence home for aged and animal clinic or hospital.
Mayor Pro Tem Brock stated that she was hoping to reduce the office
zoning to 3 acres or less. With this picture, they had an
assurance that that would happen. There were restrictions and
conditions for the development. She was concerned about the
latitude given with the zuning for the four acres.
Svehla replied that the Council could reduce the area of four acres
if addressing a street. The street would not have to be zoned
office.
Brock motioned, Biles seconded to amend the original motion which
excluded the 100' x 400' long proposed area for a boulevard.
Council Member Beasley stated that she liked the idea of an office
buffer because of the fire station and other offices. With the
reduction to 3 acres, it was more consistent with that part of the
Denton Development Plan.
Mayor Miller state that the residential zoning in this section was
already approved. The homes approved would not be done right away.
DISD was larger than the City limits with growth in the area. The
real question was what was the best use of the land along Teasley
Lane. He felt it made sense to have attractive offices as a buffer
for residences behind that area. This proposal would not add to
the traffic flow in the area. It would help the neighborhood as
traffic would be counterflow to traffic leaving the area in the
morning and afternoons. He would support the motion with the
amendment as it was a good way to use the land.
Mayor Pro Tem Brock stated that she took exception to recent
newspaper articles and that she was not in on this case or any
other case. She had not taken any money from developers, not even
a cup of coffee.
0
On roll vote of the amendment, Beasley "aye", Brock "aye",
Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye".
Motion carried with a 5-1 vote.
On roll vote of main motion as amended, Beasley "aye", Brock "aye",
Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye".
0 Motion carried with a 5-1 vote.
O 0
11. The Council considered adoption of an ordinance rezoning 4.004
acres from the Agricultural (A) zoning district to an Office
Conditioned (O(c)) zoning district. The subject property was
located on the east side of Teasley, approximately 500 feet south
of the Teasley/Lillian Miller intersection. (The Planning and
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City of Denton City Council Minutes
March 4, 1997
Page 14
Zoning Commission recommended approval 6-0.)
This item was considered with item 110.
VARIANCES
12. Exaction variances to Section 34-114(1') concerning sidewalks
and section 34-124(e) concerning drainage channel lining. This
50.0 acre tract was located on the west side of Masch Branch Road,
north of University Drive. (Marriott Gardens Addition) (The
Planning and Zoning commission recommended approval 4-0.)
Rick Svehla, Deputy City Manager, stated that this was an
application for a variance to the sidewalk requirements. Normally
the requirements would run on the east side of the property. The
other variance was a small channel lining which was very short.
The Planning and Zoning Commission recommended approval of both
variances.
Young motioned, Beasley seconded to approve the variances. on roll
vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye",
Biles "aye" and Mayor Miller "aye". Motion carried unanimously.
13. Exaction variances to Section 34-116(e) concerning water
capacity for fire flow; and Section 34-116(c) concerning fire
hydrants on Lot 1, Block A, of the Brazeel Addition. This 5 acre
tract was located on the east side of U.S. Highway 377, north of
Country Club Road at the city limits line. (The Planning and
Zoning commission recommended approval 4-0.)
Rick Svehla, Deputy City Manager, stated that this subdivision was
approximately 10,000 feet from the nearast water line. The water
system was composed of a 4" line and would not meet fire flow
requirements. If a hydrant were installed, the fire engines would
probably pump the well dry and it would collapse.
Beasley motioned, Cott seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller flayelf. Motion carried
• unanimously.
14. Exaction variance of Section 34-114(17) concerning sidewalks
for Denton Country Club Estates. The subject
property was in the
f Single Family 16 (SF-16) zoning district and was located southeast
of the intersection of U.S. Highway 377 and Brush Creek Road. (The
Planning and Zoning Commission recommended approval 6-0.)
O •
Mayor Miller indicated that Items 114-16 could be considered with O
J one motion.
Rick Svehla, Deputy City Manager, stated that the Planning and
Zoning Commission had recommend approval for all these variances.
The first variance would exempt the lots on the southwest corner
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City of Denton City Council Minutes
March 4, 1997
Page 15
from sidewalks as these were larger lots especially on the street
frontage. The second variance dealt with cul-de-sac length.
Normally there could only be a 1,000 foot cul-de-sac but as the
lots were so large a longer cul-de-sac was proposed. The third
variance dealt with the drainage design standards. The developer
was requesting to not have to pipe or line the channel in that
area. Pipe would be built across Brush Creek Road.
Council Member Durrance asked if the sidewalk variance was
requested for any other reason than the size of the lots.
Svehla replied that that was the standard for the Planning and
Zoning Commission.
Council Member Durrance asked if there was an island planned for
the cul-de-sac.
Svehla stated no that the radius was closer to the minimum required
for emergency vehicles to turn around.
Council Member Durrance asked why the cul-de-sac was proposed to be
longer than standard.
Svehla replied that it was a consideration of entrances and exits
to the subdivision and whether another entrance/exit was needed.
Another entrance/exit could be built but it would not help with any
other lot frontages.
Council Member Durrance asked about an access on U.S. 377 which he
felt would be out to the south.
Svehla replied that that would be the other option which would
eliminate the length problem with cul-de-sac.
Council Member Durrance asked where the drainage would be going.
Svehla replied that there was a culvert under U.S. 377, Brush Creek
Road and into an existing channel.
• Council Member Durrance asked that if the variance was not granted,
then what would have to be done.
Svehla replied that the developer would have to hard line it and it
was felt that that was not needed.
Council Member Young motioned for approval of Items 014-16.
• •
Council Member Durrance felt it would be more appropriate for a •
motion on each variance.
Young motioned, Cott seconded to approve the variance for item 014.
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City of Denton City Council Minutes
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Page 16
Council Member Biles stated that the original intention of the
applicant was to obtain a variance for all sidewalks.
Svehla replied correct.
Council Member Biles stated that this was a recommendation from the
Planning and Zoning Commission for sidewalks on all but a few lots.
He questioned why the developer wanted to waive all sidewalks.
Svehla replied that the sidewalks would not lend itself to the
esthetics of the estate planning for the lots plus the cost factor.
Council Member Biles asked if the surrounding residential areas had
sidewalks.
Svehla replied no that most of that was in the County with the
exception of a small nearby subdivision which also did not have
sidewalks.
Council Member Biles asked if Council Member Young's motion was to
grant the variance as requested by the developer or the Planning
and Zoning Commission recommendation.
Council Member Young stated that his motion was to grant a variance
to not require sidewalks in the area.
Mayor Miller stated that the recommendation from the Planning and
Zoning Commission was for sidewalks except for lots 34-43. Council
Member Young's motion was for a variance for no sidewalks.
Council Member Cott withdrew his second.
Council Member Biles seconded the motion for no sidewalks as it was
the developer's proposal for country estates.
Council Member Beasely stated that she would be voting against the
motion because staff discussed the recreational advantages of
having sidewalks in the back-up materials. It was her experience
that it was easier to walk on sidewalks than on streets even in a
• country atmosphere. This would not be any greater financial burden
that any other SF-16 development except for the very large lots.
Mayor Pro Tem Brock agreed as this was a fairly dense development.
Children needed sidewalks for play and safety.
On roll vote, Beasley "nay", Brock "nay", Cott "nay", Durrance
a "nay", Young "aye", Hiles "aye" and Mayor Miller "nay". Motion
failed with a 2-5 vote. •
Beasley motioned, Brock seconded to follow the recommendation of
the Planning and Zoning Commission which was to have sidewalks
except for Lots 34-43. On roll vote, Beasley "aye", Brock "aye",
Ceitt "aye", Durrance "nay", Young "nay", Biles "aye" and Mayor
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City of Denton City Council Minutes ,
March 4, 1997
Page 17
Miller "aye". Motion carried with a 5-2 vote.
15. Exaction variance of Section 34-114(11) concerning cul-de-sac
length. The subject property was in the Single Family 16 (SF-16)
zoning district and was located southeast of the intersection of
U.S. Highway 377 and Brush Creek Road. (The Planning and Zoning
Commission recommended approval 5-1.)
Durrance motioned, Young seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
16. Exaction variance of Section 34-124(e) concerning drainage
design standards. The subject property was in the Single Family 16
(SF-16) zoning district and was located southeast of the
intersection U.S. Highway 377 and Brush Creek Road. (The Planning
and Zoning Commission recommended approval 6-0.)
Biles motioned, Young seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "nay", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried with a
5-1 vote.
CONSENT AGENDA
Biles motioned, Young seconf.ad to approve the ConEent Agenda and
the accompanying ordinances. On roll vote, Beasley "aye", Brock
"aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and
Mayor Miller "aye". Motion carried unanimously.
17. Tax refund to Title Resources for Henry Rife in the amount of
$868.67.
18. NO. 97-058
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. (Bid 11996 - Overcurrent
Relays)
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19. NO. 97-059
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 0
PROVIDING FOR AN EFFECTIVE DATE. (Bid 02004 - Annual
Distribution Transformers)
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City of Denton City Council Minutes
March 4, 1997
Page 19
20. NO. 97-060
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. (Bid 02010 - Water Treatment
Chemicals)
21. NO. 97-061
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 11914 -
CIS Utility Billing Study (Phase II)
22. NO. 97-062
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH FOR
COMPLETION OF A UTILITY MANAGEMENT STUDY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (RFSP 01966 - Utility Management Study)
23. NO. 97-063
AN ORDINANCE ACCEPTING COMPETITIVE BIDS Af:D PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid 0 1999 - South Central Sidewalk Repair)
24. NO. 97-064
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PPOVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid 02000 - Sequoia Park Sidewalk Repair)
25. NO. 97-065
0 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. (Bid 02011 - Mowing, Trash
Removal and Erosion Control)
26. NO. 97-066
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AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR 0
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. 073327 - AMS
Pump & Supply $15,117.00) J
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March 4, 1997
Page 19
27. NO. 97-067
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE FIRST QUARTER 1997 PAYMENT BY THE
CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE
DATE.
28. NO. R97-009
A RESOLUTION PROVIDING THAT THE CITY MANAGER SHALL EXERCISE
THE CITY'S RIGHT TO TERMINATE THE AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND THE YL ROSES OF TEXAS REPEATER
ASSOCIATION; AND PROVIDING FOR AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
29. The Council considered adoption of an ordinance directing the
issuance and publication of Notice of Sale of City of Denton
General Obligation Bonds.
Harlan Jefferson, Director of Fiscal Operations, stated that this
ordinance would authorize the issuance and publication of a notice
of sale for $4,700,000 in general obligation bonds. The bonds
would be sold on April 15th at 11:00 a.m. A specific list of the
projects was included in the back-up materials.
The following ordinance was considered:
NO. 97-068
AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE
OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "eye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
30. The Council considered adoption of an ordinance amending r
Sections 28-61 and 28-62 of the Code of Ordinances of the City of
Denton, Texas; adopting the 1996 Edition for the National
Electrical code with local amendments. (The Electrical Code Board
recommended approval.)
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Rick Svshla, Deputy City Manager, stated that the Electrical Code
Board had recommended approval of the ordinance with a few minor
modifications for local amendments.
The following ordinance was considered:
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City of Denton City Council Minutes
March 4, 1997
Page 20
NO. 97-069
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28-
61 AND 28-62 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye-%11. Motion carried
unanimously.
31. The Council considered adoption of an ordinance approving the
release of paving liens assessed against homestead by ordinance Fo.
61-16 relating to the property commonly known as 1904 Whipporwill,
Denton, Texas.
The following ordinance was considered:
No. 97-070
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE
RELEASE OF PAVING LIENS ASSESSED AGAINST HOMESTEAD BY
ORDINANCE NO. 61-16 RELATING TO THE PROPERTY COMMONLY KNOWN AS
1904 WHIPPORWILL, CITY OF DENTON, TEXAS; AUTHORIZING THE MAYOR
TO EXECUTE SAID RELEASE; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
32. The Council considered nominations/ appointments to City Boards
and commissions.
Council Member Biles had nominated Sarah LaGrone to the Keep Denton
Beautiful Board at a prior meeting. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye"
and Mayor Miller "aye". Motion carried unanimously.
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33. Miscellaneous matters from the City Manager.
Ted Benavides, City Manager, did not have any items for the
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Council.
34. There was no official action on Closed Meeting Items.
35. New Business
The following items of New Business were suggested by Council
Members for future agendas:
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March 4, 1997
Page 21
A. Council Member Durrance requested a briefing on the
placement of newspaper stands.
a. Council Member Durrance suggested staff review the
process of registration of animal licenses and related fee
structure for the elderly.
C. Council Member Young asked staff to look into a matter of
an individual on chambers Street having fire wood for cooking in
his yard and who received a warning from Code Enforcement.
36. There was no continuation of Closed Meeting during the Regular
Meeting.
With no further business, the meeting was adjourned at 10:05 p.m.
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JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEX.^.S
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Agenda Item
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CITY OF DENTON MUNICIPAL UTILITIES 901-A TEXAS STREET DENTON. TEXAS 76201
MEMORANDUM
TO. Mayor and Members of the Council
FROM: Jason Turner, Utility Safety and Training Coordinator
DATE: May b, 1997
SUBJECT: Line Technician Apprenticeship Program
Electric Distribution developed their line technician apprenticeship program approximately
three years ago, The program was developed using the industry's best safety and training
materials. Within our organization we realized the quality of the program. Our next goal
was to find some way to validate its quality externally. Afler doing a great deal of
research, we discovered the United States Department of Labor Bureau of
Apprenticeship and Training who register apprenticeship programs that meet their strict
crited-►. Having an apprenticeship program registered with the D.O.L. validates the fact
that our program is of the highest quality. This program along with two other registered
programs within our utility are based upon three premises; safety is the most important
component of any job, technical expertise is essential in our highly technical environment,
and the most important person to our organization is the customer. The customers of
Denton Municipal Utilities are fortunate to have such a well trained work force serving
them.
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"Dedicated to Quality Servke"
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DAL Agenda It _
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CITY Of DENTON, TEXAS MUNICIPAL SUILOWG " 215 F. McKINNEY • DENTON. TEx4S 76207
(817) 566-8100 • DFW METRO 434.2529
MEMORANDUM
DATE: April 3, 1997
TO: Ted Benavides, City Marager
FROM: Kristin Newman, Controller
SUBJECT: RECEIPT OF AWARD
I am very pleased to announce the "Certificate of Achievement for Excellence in Financial
Reporting" has been awarded to the City of Denton by the Governmept Finance Officers
Association of the United Stater nada (GFOA) for its Comprehen;ive Annual Financial
Report (CAFR). The Certifi ..;:r t , .:,3ment is the highest form of recognition in the area
of governmental accow,, r,j vial reporting, and its attainment represents a
significar t accomplishment ,ment and its management.
The CAFR was judged by an 3,npartial panel to meet the high standards of the program
including demonstrating a constructive "spirit of full disclosure " to clearly communicate its
financial story and motivate potential users and user groups to read the CAFR. The GFOA
will arrange for a formal presentation of the certificate, should you desire it.
Additionally, on January 5, 1996, the City's investment policy, written by Harlan Jefferson,
was certified by the Municipal Treasurers' Association of the United States and Canada.
Denton is one of just fourteen jurisdictions in the State of Texas to be awarded MTA
• US&C's certification for written investment policies.
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Agenda Item
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CITY of DENTON, TEXAS MUN10PAL BUILDING* DENTON, TEXAS 76201 • TELEPHONE(817) 568.8307
01/ice of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMS Ted Benavides, City Manager
DATEi May 6, 1997
SUBJECT: Request For Exception to the Noise Ordinance for the
MELODICA FESTIVAL from 6:00 p.m. until 2:00 a.m.
Thursday, May 8, 1997, through Sunday, May 11, 1997, at
the ARGO, 1217 W. Oak.
BACKGROUND
Mr. Chris Weber, representing the ARGO, has requested that the City
council grant an exception to the noise ordinance from 6:00 p.m, to
2:00 a.m. Thursday, May 8, 1997 through Sunday, May 11, 1997. The
ARGO will be hosting the 2nd annual MELODICA FESTIVAL and will play
amplified music outside after 10:00 p.m. The four day festival
will feature artists from Denton, Dallas\Fort Worth, Austin,
Chicago, New York, Ireland, and Japan. (Attachment 1.)
As you know, the noise ordinance declares loudspeakers, amplifiers,
and musical instruments a noise nuisance, particularly after 10:00 '
p.m. Monday through Saturday and anytime on Sunday (Attachment 2).
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
PROGRAMS. DEPARTMENTS, OR GROUPS AFFEQTED
r Area residents.
Fiscal Impact: '
None.
Q Please advise if I can provide additional information. p
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"Dedicated to Quality Service"
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RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
Betty Williams
Assistant to the City Manager
Attachments: 1. Request from the ARGO
2. Noise Ordinance
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(0 t1217W .Oalc Ders.ton~Tx (817)383-3705
City Managers office, April 14th, 1997
On May 8th, 9th, 10th and 11th the ARGO will be hosting the 2nd annual
MELODICA FES'T'IVAL. A four day experimentai music showcase that will
bring together artists from Denton, Dallas/Fort Worth, Austin, Chicago,
New York, Ireland, and Japan. Interest in this years festival has grown, due
to this, we were hoping to have some of the musical groups perform in our
fenced in backyard.
Some of the Musical events will take place after 10pm, and we request
permission from the City of Denton to allow us to play amplified music
outside after lopm, on May 8tK 9th, 10th, and 11th.
Thank You,
the ARGO
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Chapter 20
N isANCES•
Art, I. In General, #1 20.1-20.30 ,
Art. It. Abandoned Property, 1120-31-20-70
Div. 1. Generally, 44 20.31-20.40
Gross and Weeds, c6is20,1t-20.73 070
Div. 2. Art. III.
ARTICLE L IN GENERAL
Sec, 20.1. Noise.
make or cause any unreasonably , or loud, urY
igjry
ta) It shall be unlawful for any person to material diatrea discomfort
Curbing, unnecessary noise which causes or may cause
to persons of ordinary sensibilities in the Immediate vicinity thereof.
unlawful for any person to make or cause any nofee of such character,
b1 and shall ll be continued duration as to substantially interfere with the comfortable enjoyment
intensity it
of privets homes by persons of ordinary sensibilities.
smongothers, are declared to be noise nuisances in violation of this
e1 The following arson
Code, but such enumeration shall not be deemed to be exclusive:
11) The playing of any phonograph, television, radio or any musical Instrumm. and 7 00
manner or with such volume, particularly between the hours oly00 ordinary sere-
a.m., as to annoy or disturb the qulet, comfort or repose of persons
sibilities in any dweiling, hotel or other type or residence;
t2) The use of any stationary loudspeaker, amplifier or musical Instrument in such manner
or with such volume as to annoy or disturb persons or ordinary sensibilities in the
immediate vicinity thereof, particularly between the hour of 10:00 p.m. and 7 00
a.m., or the operation of such loudspeaker, amplifier or musical Instrument at any
time on Sunday', provid4 however, that the city council may make exceptions upon
1 application when the public interest wilkbe served thereby.
i31 The blowing of any steam whistle attached to any stationary holler or the blowing c t
any.othar loud or far-reaching steam whistle within the city limits, except to give
notice of the time to bfgln or stop work or as a warning of danger;
I41 The erection, excevsticn, demolition, Alteration or repaEr work on any bu[ldin9 at any
Monday through
time other than between the hours of TOO a.m. and 8:30 p.m.. Mondaynthrough
-Crow refsreaces-Protected migratory~ a~ roosts ~enttkoi ° ue home and ron
® reationJtl vehicle parb~4 32.91 e et seq.: I
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Saturday., provided. however, that the city council may issue special permits for such
work st other bourn in Casa of urgent necessity snd in the interest of public safety and
convenience;
(5) The creation of any loud and excessive noise In connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con-
tainers; ,
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1466, Of 14.20, 14.91)
Crou reference-Animal noise. 16-26.
Sec. 20.2. Odors.
(a) It shall be' unlawful for any person to crests or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially, interfere with the comfortable
enjoyment of private homes by persons of ordinary sensibilities.
(d The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive.
ii) Offensive odors from cow lots, hog pens, fowl coops and other simllar places where
animals an kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies sad other simile: places;
(3) Offensive odor bons the use or possession of chemicals or from industrW proeeeue or
activities which disturb the comfort and rspow of persons of ordinary sensibilities;
(4) Offensive odors from smoke from the burning of trub, rubbish, rubber, chemicals or
other thing or eubstances;
t pools ailowd to remain on any premises or from
(SI OQeosivs odors bons ~a
rottiog garbya, re&K offal or dead animals on any premises.
(Code 1984, N 1422, 14.23)
Sac. 243. Garbs>js, trap and rubblah mulssnces-Generally,
® (1) Storing or keeping garbogs, troth and rubbish. The storing or keeping of any and all
stacks, hasps or piles of old lumber, refuse, Junk old cars or machinery or parts thereof, O
gubage, trash, rubbish, scrap m&WW, ruins, demolished or partly demolished strums res or
buildings, piles of stones, bricks or broken rocks on any premiere bordering any W
SUpv No. a 1990
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Agenda He 4
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CITY of DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76101 • TELEPHONE (817) 566.8307
Office ol;he City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATES May 6, 1997
SUBJECT: Request For Exception to the Noise Ordinanr•,~ for Lee
Lewis Construction, Inc to Pour Concrete on Te:. Occasions
Between Mid May 1997 .-.nd October 1997 at 1900 Jason Drive
Starting at 5:00 a.m.
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AACRGROUND
Mr. Larry Gregg, Pro}ect Superintendent for Lee Lewis Construction,
Inc., has requested that the City Council grant an exception to the
noise ordinance for the purpose of pouring concrete at 1900 Jason
Drive outside the permitted hours (Attachment 1.)
As you know, on September 12, 1995, the City Council amended
Section 20-1(c) (4) of the Code of Ordinances to provide for
erection, demolition, alteration, or repair work on any building
during the following times:
June I through September 30
6:00 a.m. and 8:30 p.m. Monday through Friday
October 1 to May 31
• 7:00 a.m. through 8:30 p.m. Monday through Friday 1
8:00 a.m. to 8:30 p.m. Saturday 1
1:00 p.m. to 8:30 p.m. Sunday
The amendment also provides that Council may issue special permits
for such work at other hours in case of urgent necessity and in the
• interest of public safety and convenience (Attachment 2.1 -
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Mr. Gregg indicates they will need to begin pouring concrete slabs
at 5:00 a.m. on ten (10) occasions between mid May and October for
the construction of the new middle school at South Lakes Park.
Each of those pours would consist of approximately 200 - 350 yards
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of concrete. The first 6 pours will take place approximately 1%
weeks apart and the remaining pours could be completed every other
day. Mr. Gregg states that he will advise the City Manager's
office 48 hours in advance of the early morning pours. He further
reports that the complexity of the pours, combined with the mid-day
heat, necessitate an early start during this time period for the 30
- 45 member crew. Equipment to be used at the construction site
includes dump trucks transporting the concrete and a pump truck to
assist with it's distribution. Because there will be no mixing on
site, Mr. Gregg feels there will be minimal noise to affect nearby
residence. He indicates the closest residents (Londonderry
Apartments) are 400 - 700 feet from the construction
site. f
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PROGRAMS, DEPARTMENTS, OR QRQUPS AFFECTED:
Area residents.
FISCAL IMPACT:
None.
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Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
L _
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
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• Approved By:
etty i liams
Assistant to the City Manager
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Attachments: 1. Request from Lee Lewis Construction, Inc.
2. Ordinance 95-184
3. Site Map
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Lee Lewis
Construction, Inc. I
April 7, 1997
City Council
City of Denton
215 E. McKinney
Denton, Texas 76201
Re: NEW MIDDLE SCHOOL AT SOUTHLAKES PARK
DENTON,TEXAS
Gentlemen:
Lee Le% is Construction, Inc. would like to request permission to start concrete pours for slabs
at 5 a.m. at 1900 Jason Drive. This will occur approximately 10 times between mid May am
October. I will give Veronica Rolen a 48 hour nutice before each of these pours occurs.
SinccreIy,
LEE LEWIS CONSTRUCTION, INC.
Larry Gregg
Project Superintendent
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16660 North Donas Parkway
7610 Orlando Avenue SO* 1000
P.O. box 65197 P. 0. box 795037
Lubbock, Texas 79464 Ddlos, Texas 75319
606/797-UD1 • FAX 8%/797•U9 3, 972/018-07DO • FAX972/111d-0706
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Ot\NPD0C810RD\?40159 OLD
ORDINANCE NO. ,Qj~LN
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A ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-1
"NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY
ESTABLISHING HOURS FOR THE ERECTION, EXCAVATION, DEMOLITION,
ALTERATION, OR REPAIR WORK ON ANY BUILDING; PROVIDING FOR A PENALTY
OF $500.00 FOR ANY VIOLATION HEREOF; PROVIDING A SAVINGS rIAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Subsection (c) (4) of Section 20-1 "Noise" of
the Code of Ordinances of the City of Denton is hereby amended to
read as follows:
sec. 20-1(c)(4),
The erection, excavation, demolition, alteration, or repair
work on any building at any time other than between the hours
of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1
to September 30; between 7:00 a.m. and 8:30 p.m. Monday
through Friday from October 1 to May 31; between 8:00 a.m. and
8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on
Sunday; prov'ded, however that the City Council may issue
special permits for such work at other hours in case of urgent
necessity and in the interest of public safety and conve-
nience.
SECTION 11. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION II I• That save and except as amended hereby all the
remaining sections, sentences, and paragraphs of Section 20-1
"Noise" of the Code of Ordinance of the City of Denton shall remain
• in full force and effect.
SECTION IV That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
O date of its passage. I 0 •
PASSED AND APPROVED this the /01Y day of 1995.
BOB CASTLEBE. a
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY,
BY:
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. Agenda Item
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CITY of DENTON, TEXAS MUMICIPAL BOLOW0 DENTON, TEXAS 76241 TELEPHONE (817) 566-8307
Office of the City Manager
CITY COUNCIL REPORT
TOi Mayor and Members of the City Council
FROMi Ted Benavides, City Manager
DATE: May 6, 1997
SUBJECT: Request For Exception to the Noise Ordinance for a Dance
at the Fair Hall at the North Texas State Fairgrounds on
Friday, May 16, 1997, until 12:00 midnight.
BACKGROUND
Ms. Terry Shepard hes requested that the City Council grant an
exception to the noise ordinance until 12:00 midnight on Friday,
May 16, 1997. Me. Shepard and a group of other parents are
sponsoring a graduation dinner.and party for their children at the
North Texas State Fairgrounds. Following the dinner a DJ will f
provide music for a dance until 12:00 midnight (Attachment 1.)
As you know, the noise ordinance declares loudspeakers, amplifiers,
and musical instruments a noise nuisance, particularly after 10:00
p.m. Monday through Saturday and anytime on Sunday (Attachment 2).
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
I
Area residents.
Fiscal Imrlct:
None.
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Please advise if I can provide additional information.
"Dedicoeed to Quality Senice"
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RESPECTFULLY SUBMITTED:
ed Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
n
Betty W 1 iams
Assistant to the City Manager
Attachments: 1. Request from the Terry Shepard, et al.
2. Noise Ordinance
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CITY OF DEMON
CITY HALL
115 E. NICK INNEY
DENTON, TEXAS 76701
ATTN: VERONICA
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APRIL 28,1997
VERONICA
PER OUR PHONE CONVERSATION, THIS IS A REQUEST FOR A NOISE VARIANCE ON MAY 16,1997, AT
THE DENTON FAIRGROUNDS. WE ARE ASKING FOR Till S VARIANCE SO THAT WE, PARENTS, MAY
GIVE OUR SON/DAUGHTER A GRADUATION PARTY. THIS PARTY WILL BE SUPERVISED BY PARENTS.
THE PARTY WILL BEGIN AT 6:3UPM WITH A BAR-" DINNER I ILL 8,00PNI AT WHICH TIME A Dl HILL
PROVIDE MUSIC FOR A DANCE UNTIL 12:OOAM. THIS WILL TAKE PLACE INSIDE THE FAIR HALL.
N E ASK THAT YOU GRANT THIS VARIANCE SO THAT WE MAY GIVE. OUR CHILDREN A TIME THAT THEY
MAY LOOK BACK UPON FOR THEIR GRADUATION.
THANK YOU,
TERRY SHEPARD
JOHN &SANDY NOLES `
PAT & LES WITHERSPOON
BENNIE & MELVINA NOLES
JERRY & SANDRA KIRBY
MIKE & BARBARA MOSES
MAC & DIANA SMOTHERMON
LAMBERT FAMILY
CHAPPEL FAMILY
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Chapter 20
NUISANCES'
Art. 1. In General, 1120.1-20.30
Art. it. Abandoned Property. If 20.31-20.70 ,
Div. 1. Generally, If 20.31-20.40
Div. 2, :Motor Vehicles, 11 20.41-2010
Art, U1. Gram and Weeds, 11 20.71-20.73
ARTICLE 1. IN GENERAL
Sec. 201. Noise.
tai It shall be unlawful for any person to make or cause any unreasonably loud, dis-
turbing, unnecessuy noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
ib) It shall be unlawful for any person to make or cause any noise or such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of privets homes by persons of ordinary sensibilities.
ic) The following acts, among others, ors declared to be noise nuisances in violation of this
Code, but such enumeration shall net be deemed to be exclusive:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 1.00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen-
sibilities in any dwelling, hotel or other type or residents;
i2) The use of any stationary loudspeaker, amplifier or musical instrument In such manner
or with such volume as to annoy or disturb persona of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7 00
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided however, that the city countal may make exceptions upon
• application when the public interest wil)i be served thereby,
(3) The blowing of any steam whistle attsded to any st_ onary boLor or the blowing of
any other loud or far-reaching steam w alatle within the city Ibnits, except to give
notice of the time to begin or stop work or as a warning of dangur,
(4) The erection, excavation, demolition, alteration or repair wort on any building at any
6 time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through
I~ O 0
J -Grose references-Protested migratory bird roosts declared nuisance,l t1.87; Inspection
and abatement warrants, 1 1988 st seq.; insect and rodent control in mobile home surd rec•
reational vehicle parks, 132.91.
SuDV. No. 1 1389
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Saturday; provided, however, that the city council may issue special permits for such
work at other bourn In case orurfftnt necessity and In the Interest of public sarety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or dent action of bales, boxes, crates or con-
tainers;
(6) The use of any drum, loudspeaker or other irutrument oa~orm~~r the p theatres
attracting attention by the creation of noises to any pe
notion picture house, We or merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, It 14.20, MID
Cross reference -Animal noise, 16-26.
Sec. 20.2, Odors. '
(a) it shall ba unlawfW for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or Injury to persons or
ordinary sensibilities in the immediate vicinity thereof,
(b) it shall be unlawful for any person to create or cause any odor, stench or smell of such
charecter, strength or continued duration as to substantially interfere with the comfortable w )
enjoyment of private homes by persons of ordinary sensibilities.
;cl The roilewing acts or conditions, amoug others, Are declared to be odor nuisances in
violation of this Code, but such enumeration shall not bs deemed to be exclusive..
(1) Offenslve odors from cow lots, hog pens, rowi coops and other similes places where
animals are kept or red which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Ofrensive odors from privies and other simllar places;
(3) Offensive odors from the use or y.,asesefoa of chemicals or from industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
(4) Olienal" odors from smoke from this burning of trash, tuhblah, rubber, chemicals or
s other things or eu6eWtaa:
(5) Offmsiva odors prom stagnant pools allowed to remain on any premises or from
totting Barber. tsflsse, offal or dead animals on any premises. !
(Code 1966, if 14-21, 14.23) '
Sec. 20.3. Garboje, tmh awl mbkdah nWaaaoaa-Generally.
4! (a) Storing or AMhV pr6W, rruh and rubbish. The storing or keeping of any and all
sloth, heaps or piles of old lumber, nfues, junk, old can or machinery or parts thereof, •
garbsp, trash, rubbish, scrap mats ial, ruins, demolished ar partly demolished structures or
buildings, pilee of stones, bricks or broken rocks on any promises bordering any public
Supp No 1 1390
S.
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Apende No,i~.
Agenda lteiq /00
Date
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehia, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Hold a public hearing and consider an ordinance amending Ordinance
83-110 (PD-63) to reduce the required front yard setback from 25 feet to
16 feet for Lots 4B through 78, Block 2, of the Snider Addition Section 1,
and the rear yard setback for Lois &B through 7B, Block 2, of the Snider
Addition Section 1. The subject property is located on the north side of
US 77, west of Windsor.
RECOMMENDATION:
The Planning and Zoning Commission recommends denial of tha request (6.0).
SUMMARY:
A supermajority will be necessary to approve this request because this is an appeal of
a Planning and Zoning Commission recommendation of denial.
BACK ROUND: i
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: {E`
Not applicable.
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FISCAL IMPACT:
None.
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Please advise'rf I can provide additional information
Respectfully submitted:
a,-
Rick Svehla
Deputy City Manager
Prepared by:
Walter E. Reeves, Jr
Urban Planner
Attachment lit: Planning and Zoning Commission Report.
Attachment rig: Ordinance.
Attachment N3: Minutes of 3/26/97 P&Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 6, 1997
Subject: Z-97-006
GENERAL INFORMATION
Applicant: Ms. Margaret McCarthy
1213 Mockingbird
Grapevine, Texas 76051
Owner: Unique International
49 Linderhof Circle
Bedford, Texas 76022
Action: Amend Ordinance 83.110 to reduce setbacks in Planned Development
63 (PD-63).
Location: The subject property is located on the north side of US 77, west of
Windsor Drive (Enclosure 1).
Surrounding Zoning and Land Use:
LOCATION ZONING LAND USE
' North: See Enclosure 1 Single family residential use.
South: See Enclosure 1 Single ramify reskWhal use.
East See Endosure I School, perk, vacant land, resldentai use.
West See Enclosure 1 Residential use.
Denton Development an: ow ntenslty rea # o a ocafe .
SPECIAL INFORMATION
The subject property is platted. Amending plats will need to be done if the requested
setback reductions are approved.
BACKGROUND
Approximately the southern third of PD-63 was placed in the Agricultural (A) zoning
district by Ordinance 69.01, which adopted a new zoning ordinance and zoning map
for the City of Denton. The remainder of the property was annexed into the City by
Ordinances 77-42 and 82.5.
• •
October 4, 1983
33.872 acres are rezoned from the Agricultural (A) zoning district to Planned
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Development 63 (PD-63) by Ordinance 63.110 which adopts a "concept plan'
establishing the setbacks for the proposed uses of the PD (Enclosure 2),
The applicant first applied for variances of the required setbacks from the Zoning
Board of Adjustment. However, after reviewing material submitted with the variance
applications, staff discovered that the subject property is in a PD. Under such
circumstances the Zoning Board of Adjustment has no authority to vary the
requirements of a PD, as those requirements can only be changed by ordinance.
Additionally, Section 35-158 defines a decrease in setbacks as being a *substantial
change" and not a minor amendment that the Director of Planning and Cevelopment
could approve. For clarity and notice reasons, staff has grouped the application into
three requests:
Z-96-006A A reduction of the front yard setback from twenty-five (25) feet to sixteen
(16) feet for Lots 4B through 78, Block 2, of the Snider Addition Section
1, and a reduction of the rear yard setback from fifteen (15) to ten (10)
feet for Lots 6A through 7B, Block 2, of the Snider Addition Section 1
(Enclosure 3).
Z-96-0068 A reduction of the front yard setback from twenty-five (25) feet to sixteen
feet for Lots 11A & 118, Block 2, of the Snider Addition Section 1 `
(Enclosure 4).
Z-96-006C A reduction of the front yard setback from twenty-five (25) feet to twenty-
three (23) feet for Lot 1, Block 2, of the Snider Addition Section 2 I
(Enclosure 5).
NOTICE
Fourteen (14) notices were mailed on March 14, 1997. As of the time of preparation
of this report, one reply has been received in favor, seven replies opposed, and one
having no opinion.
ANALYSIS
As a result of being defined as a'substantial change' by the ordinance, the request
requires Planning and Zoning review ind recommendation, and City Council approval.
e The Commission recommended denia. of Z-97-006A & B, and as per Section 35, the
applicant is required to appeal the recommendation of denial to the Council. Z-97-
006C received a recommendation of approval from the Commission, and was
approved by the Council at its April 15, 1997, meeting.
Z-96-006A. Enclosure 6 is the recorded final plat of the Snider Addition, Section 1. ,
The subject lots (4B-7B) are odd shaped and have buildable areas that require more p
thoughtful designs to fit the property, In Section 1 the approved land use is identified
as 'duplexes," but is in reality single family attached housing because the individual
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'duplex' units are split along the common interior wall by a property line. The subject
lots are located on a cul-de-sac bulb of Caste Court. Along the Casie Court street
frontage is a dedicated sixteen (16) fool utility easement. Based on the Information
submitted with the applications for the Zoning Board of Adjustment, the applicant
wished to reduce only the front yard setback from twenty-five (25) feet to sixteen (16)
feet in order to accommodate a twenty-two (22) foot by fifty-four (54) foot structure on
the subject lots. The reason for the requested reduction in the rear yard setback on
Lots 6A-7B, was not part of any previous discussion with the staff, and apparently is
needed to accommodate the applicant's design. The key factor for the Commission
was the fact that there Is a buildable area on each of the lots that can accommodate a
design (probably two-story) that will fit within that area.
i
As an informational item for the Council, Section 35-91(f)(2)c allows for eaves and roof
extensions to project into the required front yard four (4) feet. However, In this
specific case, if the amendment is approved, no eaves or roof extensions will be
allowed to project into the front yard as those would be encroachments into the utility
easement.
RECOMMENDATION
The Planning and Zoning Commission recommends denial (6-0).
ALTERNATIVES
1. Approve without conditions.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
ENCLOSURES
1. Location/Surrounding zoning map.
2. Ordinance 83-110.
3. Notice map for 97-006A.
4. Notice map for 97.0068.
5. Notice map for 97.006C.
6. Final Plat of Snider Addition Section 1.
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ENCLOSURE2
NO. _3ss' i, v
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11
AND AS SAID MAP APPLIES TO APPROXIMATELY 33.872 ACRES OF LAND
OUT OF THE B.a.B. a C.R.R. COMPANY SURVEY, ABSTRACT NO. 186,
DENTON COUNTY, TEXASI AND MORE PARTICULARLY DESCRIBED HEREIN;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The Zoning Classification and Use designation of the follov-
Ing described property, to-wLt;
All that certain 33.872 acre tract of land situated in the
B.B.B. a C.R.R. Company Survey, Abstract No. 186, Denton County,
Texan, said tract being part of a tract shown by deal to B. E.
Tripp and recorded in Volume 996, Page 379 of the Deed Records
of Denton County Texas and being mote particularly described as
follows;
COMMENCING at an iron pin o..cupying toe northeast corner of the
said B. E. Tripp tract, said point being in the vest line of
F.M. 21697
THL:CE south 00459141' west with the west line of F.M. 2164 a '
distance of 1,752.01 feet to the point of beginning)
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THENCE south 00459'41' west a distance of 230.27 feet '-o a point.
for a cwrne:t
THENCE north 67.33' west a distance of 304.64 feet to a point
for a corner;
THENCE south 80057130' west a distance of 417.36 feet to a point
for a corner;
THENCE soutn 00'00'30' east a distance of 904.77 feet to a point
of curvature;
THENCE along a curve to the left with a central angle of ,
23945106" a radius of 297.76 feet, a length of 123.44 feet and a
chord bearing of south 11453'06" east to a tangent point;
THENCE south 23045'400 east a distance of 74.82 feet to a point
of curvatucer
THENCE 91039 A curve to the right with a central angle Of
e 11025114' a radius of 690.03 feet, a length of 137.54 feet and a
chord bearing of south 18.03'12' east to a tangent pointr
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THENCE south 12020130' east a distance of 145.00 feet to a point
for a corner, said point also being a point of curvature;
THENCE along a curve to the left with a central angle of
69010'03', a radius of 405.00 feet, a length of 498.92 feet and
a chord bearing of south 431041710 west to a tangent point;
THENCE south 08929'30' west a distance of 209.42 feat to a point e e
j Gf curvature)
J Z-1605-SNIDER DEVELOPMENT CORPORATION-PAGE 1
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ENCLOSURE2
THENCE along a 'curve to the right with a central angle of '
19'18'53', a radius of 510.83 feet, a length of 261.36 feet and
a eAOrd bearing of south 236D8157' west to a point for corners
THENCE north 57.56' vest a distance of 483.62 feet to a point
for a corners
THENCE north 01017119' east a distance of 315.14 feet to a point
for a cornea
THENCE north 89033'50" east a distance of 270.41 feet to a point
for a cornerr
THENCE north 01'15'49" east a distance of 1,963.56 feet to a
paint for a cornea
THENCE south 89006'11" east a distance of 525.84 feet to a point
for a corners
THENCE north 78.30141' east a distance of 515.29 feet to a paint
for a cornerr
VENCE south 74'10'02' east a distance of 510.98 feet to the
point of beginning and containing in all 33.872 acres of land.
is hereby changed from Agricultural "A' District Classification
Use to Planned Development 'PD' District Classification Ind Use
under the Comprehensive Zon:nq Ordinance of the City of Denton,
Texas with the following conditions and specifications!
1. Development shall conform with approved Planned
Development Concept Plans
2. The property shall be platted in accordance with he
City of Denton Subdivision Regulations and Land
Development Codes
3. Plat approval shall constitute spe_ifie plan
approvals
4. Private road or private ingress-egress easement
shall substitute for puolic dedicated streets when
townhouse subdivision occurs= and
5. Sidewalks shall De Installed at the developer's
expense along one side of every {`iblic street
within ins development.
Tne Zoning Mao of the City of Denton, Texas, adopted the
14th day of Jr:a.ry, 1969, as n Appendix to tno Code of
Ordfnanu s of the City of Denton, Texas, under Ordinance No.
69-1, be, and the same Is hereby emended to snow such change In
District Classification and Use subject to the above conditions
• and specifications.
SECTION II.
That the City Council of the City of Denton, Texas, hereby
finds that Such cnange is in accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of tee district and for its
• peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives, • •
Z-16OS-SNIDER DEVELOPMENT CORPORATION-PAGE 2
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ENCLOSURE2
and encouraging the most appropriate uses of land for the
mas =m benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings paving heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof. J
PASSED AND APPROVED this the 7 J day of ~ 19d1.
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?PfY OF DENTO , TEXAS
ATTEM
CN OTTE A , Y SecRETAltz
CITY Of DENTON, TEXAS
APPROVED AS TO LEGAL PORN,
C. J. TAYLOR, JR., CITY ATTCRNEY
CITY Of DENTON, TEXAS
BY m
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1-1605-SNIDER DEVE'OP4!ZNT CORPORATION-PAGE 5
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ENCLOSURE2
CIO
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ENCLOSURE3
---1-~ ` K ~qw 321a
Z-97.006A _ _ 20 320
-J1N1AN BENJIM~N
261
293 289 265
3
3210 284 268 264
3100 2
272 ~
292 278
y
0 3100 280
297 294 2900 j
No , 3130 II 4 rA ! 3o8
,1rr/f-
309
32 I
329
2 3M
/T
y~fop~
4 312 ~
~1 . 4
~ 318
' 320
J~7 324
2900
i
532 "R,
532 , • ST.:
--2905
290, ■
513 9 w50.5 501 429 423 3 421
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ENCLOSURE 4
I
8 AV 3212 3300
Z-97.0068 3213
21 't 3209
=~I~E_------ ----8E1VJiMA1V `
i 1
.61 2
1 WE 281
293 289 285
284 284 ;
268
272 _
292 276
280
3100 100 297 1 2900
284
300
ErH
4 41884
r r
82 00
309
f
24
437 29 328 1 308 1 f
t~'YY 4 4 `~URr' 7 312 1
?j 4 l
341 318
45
401 &15 320
624 324 ! i
2900
2900
632Q~-N
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32 29094
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ENCLOSURE5
2
z-97-0%06 -
408 04400 2824 L16~_--
312;30C
-f--- 2e1 ~
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2
09405401 29325 1 17 133091305301 293 289 285 j
r 2
284
~
272
IT E > v 276
0 Q; 2 0
3100 I 3100 V .
297
28
1 300 gETH
304
301
424 2041 0 I305
1 1 l ` I
l 404 _ 309
437 29. 328 r
~`,cq 11 ~ 308
4 4 4 S/COQ 333 y 4 3,17 312 f f
• ` 4 f O 0
341
l
1 318 2840
...J 524 2 409 405 401 345 5
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SNIDER ADDITION
• SECTION ONE
1
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ORDINANCE NO. `
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 83110
(PD-63) TO REDUCE THE REQUIRED FP.ONT YARD SETBACK FROM 25 FEET TO 116
FEET FOR LOTS 4B THROUGH 7B, BLOCK 2, OF THE SNIDER ADDITION SECTION
1, AND THE REAR YARD SETBACK FROM 15 FEET TO 10 FEET FOR LOTS 6A
THROUGH 7B, BLOCK 2, OF THE SNIDER ADDITION SECTION 1; PROVIDING FOR
A PENALTY IN TIIE MAX'.MUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ms. Margaret McCarthy, on behalf of Unique International, owners of the
subject property, initiated an amendment to Ordinance 83.1 10, which created Planned Development
63 (PD-63) and established the front yard setbacks for the uses permitted within the subject planned
development district, to reduce the front yard setback from 25 feet to 16 feet for Lots 4B through
7B, Block 2, of the Snider Addition Section 1, and the rear yard setback from 15 feet to 10 feet for
Lots 6A through 7B, Block 2, of the Snider Addition Section 1; and
WHEREAS, on March 26, 1997, the Planning anA Zoning Commission recommended denial
of an amendment to Ordinance 83-110 to reduce the front yard setback from 25 feet to 16 feet for
Lots 413 through 7B, Block 2, of the Snider Addition Section 1, and the rear yard setback from 15
feet to 10 feet for Lots 6A through 7B, Block 2, of the Snider Addition Section 1; and
WHEREAS, the City Council finds that this amendment to Ordinance 83.110 will be in
compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That Ordinance 83-110, attached hereto and incorporated herein by reference,
is amended to reduce the front yard setback for Lots 4B through 7B, Block 2, of the Snider Addition
Section I from 25 feet to 16 feet, and to reduce the rear yard setback for Lots 6A through 7B, Block
2, of the Snider Addition Section l from 15 feet to 10 feet, under the comprehensive zoning
• ordinance of the City of Denton, Texas.
SECTION 11. That the City's official zoning map is amended to show the change in zoning
district classification.
SECTION HL That any person violating any provision of this ordinance shall, upon
• conviction, be fined a sum not exceeding $2,000 00. Each day that a provision of this ordinance is 0 •
violated shall constitute a separate and distinct offense
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SECTION IV. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspeper published in 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
1
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
BY:
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r ATTACHMENT 3
yR2 Minutes
March 26, 1997
Page 4
Ms, Schertz arrived at 5:45 p.m.
Ms. Russell: Will the road be built in phases also?
Mr. Reeves: They will preliminary plat the entire subdivision and then develop the project in
phases. The road will be built as the subdivision develops.
Mr. Powell: Under PD 126 how many lots were proposed?
Mr. Reeves: If Ns PD was built out the way it was proposed it would generate about thirty to
forty thousand traffic trips because it is a mixed use PD.
Mr. Powell: The point I am trying to make is that this is considerably less traffic and
considerably less construction than what it is presently zoned for.
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Mr. Reeves: That is correct.
Mr. Persaud: When we &d that rezoning to PD 126 it had the potential of bringing In twenty
thousand people. It allowed for commercial and multi-family zoning.
Mr. )ones: I move we approve the request to rezone 731.26 acres from Planned Development
126 to the Agricultural zoning district.
Ms. Gamer: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
V1. Hold a public hearing and consider three requests to amend Ordinance 83-110. The subject
property is located north of US 77 and west of Win&or Drive.(Z-97-006A-C)
a. A request to reduce the front yard setback from twenty-five (25) feet to sixteen (16) feet for
Dots 413 and 7B, Block 2, of the Snider Addition, Section 1, and the rear setback from
fifteen (15) feet to ten (10) feet for Lots 6A through 7B, Block 2, of the Snider Addition,
Section 1.
b. A request to reduce the front yard setback from twenty-five (25) feet to sixteen (16) feet for
Lots I IA & 11 B, Block 2, of the Snider Addition Section 1.
c. A request to reduce the front yard setback from twenty-five (25) feet to twenty-three feet for 0
® Lot 1, Block 2, of the Snlder Addition Section 2.
Ms. Russell opened the public hearing.
Mr, Reeves: This Is a request to reduce the setbacks established by Ordinance 83.11U for
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P&Z Minutes
March 26, 1997
Page 5
planned Development 63. The applicant was directed to seek a variance from the Zoning Board
of Adjustment for the setbacks on these platted lots in the subdivision. After looking at the
application I found that these lots are in a planned development and the Zoning Board of
Adjustment cannot grant variances to change the setbacks. On Lot 1, Block 2 of the Snider
Addition, Section 2 the applicant is requesting a reduction in the front setback. We have
received a number of responses on this, half of the responses are in opposition and the other half
have no opinion. The applicant has informed me that the house which was built after 1994 is
actually 24.3 feet from the front property line along Casie Street instead of the required 25 feet.
This creates a problem for the property owner because the title company is not going to give
them a clear title to the property without some kind of recognition that the building has been
built into the front setback. If this had been a straight zoning district then this could have gone
to the Zoning Board of Adjustment, The second item is for Lot I IA and I IB, Block 2 of the
Snider Addition, Section 1, the applicant is requesting a reduction in the front setback from 25
feet to 16 feet, There is unanimous opposition to this and the staff is recommending denial. A
reduced setback on these lots would put the buildings out in front of the existing lots and is not
in keeping with the rest of the neighborhood. I talked with the applicant earlier today and after
reviewing the staff report they agreed that this probably wasn't a very good idea and that they
didn't want to pursue this. The final item is for a reduction in the front setbacks for Lots 4B
through 713, Block 2 of the Snider Addition, Section 1, and for a reduction in the rear setbacks
for Lots 6A through 7B, Block 2 of the Snider Addition, Section 1. We have a number of
opposed responses, (Visual presentation of building placement on the lots.) There is a sixteen
foot utility easement along the front and the back of the property and the electric department will
not allow the cave of the building to extend Into that easement. Staff is recommending approval
for a reduction in the front yard setback to 24.3 ft for item C, denial for item B, and approval
of front setback for item A, and denial for the rear yard setback on item A.
Mr. Cochran: What is the build able depth for the lots on Casie Court?
Mr. Reeves: It is about forty feet.
Ms. Russell: Would the petitioner care to speak?
Ms. Penny McCarthy: My name is Penny McCarthy and my address is 1213 Mockingbird Drive
• in Grapevine. 1 am with Mid Cities Builders and I am the builder on Es project. John and
Vince Petrobond are the owners of Unique International and are the backing for these lots. We
do have a couple of choices, and one of those would be to put In small duplexes. We just built
two duplexes that were a thousand and seventy-two square feet in size. In order to fit duplexes
on these lots we are looking at nine hundred and eighty-eight square feet. That is really not very
big. We want to try to keep these in accordance with what is in the neighborhood. We don't ,
• think the neighborhood would want a two story duplex. We don't have a problem with Lots I1 A + • •
and 118. At 292 Casie Court we are nine inches over the front setback and J just asked for two
feet to be on the safe side.
Mr. Cochran: Did you build the house at 292 Casie Court?
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P&7. Minutes
March 26, 1997
Page 6
Ms. McCarthy: Yes we did and we finished it in August of 1996.
Ms. Russell: Why do you think that the neighbors wouldn't want a two story house?
Ms. McCarthy: All of the houses in that area are one story duplexes and 1 don't think that they
would want a two story out there. I don't think it would look right. I could be wrong and I
might ask them if necessary.
Ms. Ganzer: Are these three bedrooms?
Ms. McCarthy. They are three bedrooms and two baths. They are very nice homes.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition?
Ms. Russell: I have a card from Amy Cook at 309 Casie Court and her comments are that this
would be detrimental to property values and it could possibly lead to more requests for changes
to existing structures and lead to unsightly additions close to the sidewalk.
Ms. Naomi Allen: My name is Naomi Allen and my address is 2103 McCormick. I am not in
opposition to the twenty-three foot setback on item C. Why was that not caught in the inspection
process? I understood that zoning doesn't change restrictions.
Mr. Persaud: It would depend on the zoning. In a PD there are no standard restrictions. The
PD sets the restrictions.
Ms. Allen: There are recorded restrictions with the Snider Addition. I made my invesunent
based on the deed restrictions.
Mr. Reeves: Deed restrictions recorded with the plat are private agreements between the
property owners in a subdivision. We review them in the case of private streets, but only
because we want to make sure that we are indemnified for anything that might happen on those
private streets. In this particular case we would not have reviewed the d,, ^1 restrictions.
Ms. Allen: Regardless of that, you rely on those things as protection when you purchase
property. I have already made my investment. I invested in a vacant lot and improvements.
Are there going to be sidewalks there and can you put them over the utility easement? My unit
is atwo bedroom two bath duplex. It sounds like they are saying that the lots are not buildable.
I am not opposed to two stories. I am opposed to the lot where they are talking about a nine foot
® reduction. I don't want buildings that are at the curb. Why do they have to be square buildings? p •
They could possibly replat and increase the size of the lots by reducing the number of lots. 1 am
opposed to all of it except the two foot reduction in the front setback for the one lot
Ms. Susan Volgamere: My name is Susan Volgamere and my address Is 293 Casie Court. Is
Ilwy. 77 going to be widened? If so, is this area within the right-of-way? There is also a
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P&'L Minutes
March 26, 1997
Page 7
drainage problem behind the duplexes that were just built. Are there any plans to wire(, this
and will it affect these properties?
Mr. Salmon: Hwy 77 is proposed to be widened by TXDOT and it will be a four lane divided
highway similar to Teasley Lase. When Hwy 77 is widened they will be installing underground
drainage structures like any normal urban road section would have. Concerning drainage, what
we have now is a flat area that doesn't drain well, and there may also be a lot grading problem.
I think that when this subdivision was platted they dedicated right-of-way and 1 don't think any
additional right-of-way will be needed.
Ms. Russell: Would anyone else like to Vak in opposition? Would the petitioner care to make
any closing remarks? I
Mr. John Petrobond: My name is John Petrobond and I own the lots in that subdivision. We
did our research to see what size building we could put on the lot. There is a problem with these
lots and we are trying to build what people want.
Ms. Russell: We will close the public hearing. Are there any final remarks? How is it that this
building was built over the setback?
Mr. Reeves: These things happen occasionally and the building department is looking Into it.
This was built along a curve and there may have been a problem in finding the correct location
for the house. The Building inspections department Is looking at doing a form board survey in
the future for foundation work.
Mr. Cochran: Are there any duplexes or single family structures that have a fifteen foot
setback?
Mr. Reeves: The Villas of Piney Creek have a fifteen foot setback with a zero lot line.
Mr. Cochran: Are there any instances where we have relaxed the setbacks in existing
neighborhoods?
• Mr. Reeves: The Zoning Board of Adjustment has granted variances for carports or additions
to buildings In the front.
Mr. Bucek: 1 would just like to say that if the Commission grants these variances It will have
no Impact on your deed restrictions and would not impact your lawsuit If you wanted to pursue
that. -
• O O
Mr, Cochran: I move that we approve the reduction for the front setback from 25 feet to 24.3
feet for Lot 1, Bi,%k A of the Snider Addition, Section 2.
Ms. Schertz: Second.
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P&Z' Minutes
March 26,19V
Page 8
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
Mr. Cochran: 1 move that we deny item B.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
!approved. (6-0)
Mr. Powell: 1 move that we recommend a reducti m in the front yard setback from 25 feet to
16 feet on Lots 4B through 7B, Block 2 of the Snider Addition, Section 1.
Ms. Schert7: Second.
Mr. Cochran: I am going to vote against this because I believe that the argument that was put
forth by the applicant and the staff was based purely on economics and that all houses are square.
1 think that you should build a house that conforms to your lot instead of trying to change the
regulations. I don't think that is good policy and the neighbors are in opposition.
Ms. Russell: I am going to vote against this because I see no compelling reason why you can't
build a different style, and I thinly you can build on the property.
Ms. Gamer: 1 agree with you and Mr. Cochran. Benjamin Street town homes are two story and
they are just around the corner.
Mr. Powell: I withdraw my motion.
Ms. Schertz: I withdraw my second.
Mr. Cochran: i move denial of Z-97-006A.
Ms. Gamer: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
Take a ten minute break at 6:45 p.m.
• 6:30 p.m. Joint meeting with the Public Utility Board. Bold a public hearing and consider the
O •
1997-2002 Capital Improvements Program. IF
Present from Staff: Jon Fortune, Chief Finance Officer; Mary Ragusa, Budget Administrative Assistant
11; Bob Nelson, Ed Rodney, Director of Parks and Recreation; Howard Martin, Director of
Environmental Services; Jerry Clark, Director of Rngineering and 7 ransportation.
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Aprnds Nd,
Agenda item
Date G _
CrTY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Hold a public hearing and consider an ordinance approving a detailed
plan of 8.99 acres in Planned Development 104 (PD-104). Tne subject
property is located on the south side of Hobson Lane, approximately 500
feet east of Country Club Road.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of thQ dquest (7.0).
SUMMARY:
Opposed responses constituted 32% of the land area within the 200 foot notice.
However, that opposition was withdrawn, in writing, on April 28, 1997.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
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Please advise if I can provide additional Information j
Respectfully submitted:
Rick Svehla
Deputy City Manager
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Prepared by: i
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Walter E. °eev, s, Jr., A P.
Urban Planner
Attachment 01: Planning and Zoning Commission Report.
Attachment #2: Ordinance (draft).
Attachment #3: Draft minutes of April 23, 1997 P&Z meeting.
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ATTACHMENT 1
F LANNING AND ZONING CbMMISSION REPORT
Council
nning and Zoning Commission
y I 1997
7-004
RMATION
Greg Edwards
6 Sandpiper
ton, Texas 76205
Owner: Mr. Giovanni Giomi
c/o Mr. Bill Colville
3010 Santa Monica
Denton, Texas 76205
Action: Detailed plan for 8 99 acres of Planned Development 104 (PD-104).
Location: The subject property is located on the south side of Hobson Lane,
approximately 500 feet east of Country Club Read (Enclosure 1).
I
Surrounding Zoning and Land Use:
LOCATION ZONING LAND USE
North: Us Endm.a 2 Vacant land.
South: Sea Endosure 2 Vacant land.
Ent Sea Enclosma 2 Vacant land, single lamry resldantlal use.
WaaL• Seo Enciosure 2 Vacant tend,
en on Development an: ow intensity Area 483 o allocated).
SPECIAL INFORMATION
The subject property is vacant and unplatted. Public improvements will include;
streets, water and sewer lines, drainage, and fire hydrants,
BACKGROUND
The subject property was annexed into the city in 1983 by Ordinance 83-17.
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December 17, 1985
Ordinance 85.256 rezones 40 acres from the Agricultural (A) zoning district to a
Planned Development. This PO covered a wide range of uses from retail to single • •
family residential, on lots as small as 2,000 square feet. 1
Page 1
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October 7, 1986
Ordinance 86-197 amends Ordinance 85-256 to change "gardenhome' and
"townhouse" uses to Single Family 7 (SF-7) uses. However, the minimum lot size for
the "townhouse" area is 2,700 square feet.
June 2, 1967
Ordinance 87-096 adopts a detail plan for 6.5 acres (Enclosure 3), which is all within
the area of ibis request. The detailed plan adopted by 87-096 is for thirty-three (33)
zero lot line detached single family residences, and a tennis and pool facility.
Enclosure 4 is a comparison of the existing approved detailed plan and the proposed
detail plan.
NOTICE
Five (5) notices were mailed on April 11, 1997. As of the time of preparation of this
report, two replies were received, in opposition. The opposition constituted 32% of the
notice area. That opposition was withdrawn, in writing, April 28, 1997 (Enclosure 6).
ANALYSI
The table below will provide a summary of the Plan related analysis for this project.
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Development ffating VS Policy
POLICY COMMENTS in r earn"" sr Op11"wwil
hroMera4 e,xorrlwrit
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To be consistant with the Plan, a Mocated Intensity . $45 intensity trips.
development should not exceed Its Proposed Intensiy . 360 Intensity trips, x
allocated Intensity.
Strict site plan control within 1,600 Law den0y iosldensei use within 1,600 loot
foal of oxi sting low density Detailed plan proposed, X
resdanbalTraffic design to ensure that Mult. Not applicable
Famiy or Non•Peskentia! uses have
access to Wisdom or larger
arlarlais with to dract aaess
• through residential streets.
Sufficient green space, rocreational None proposed, Park polity Is voluntary
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facilities and dvorsity of partu are Pool and tennis cantor proposed. x j
provided.
Input into planning by neighborhood No neighborhood mae5ngs have been held. ,
' essociatbna and councils Is
• encouraged, E ~ • •
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Neighborhood service center Not applcable.
ooncenbat'on ,
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Nonresidential 'h mile separalon Not epplcatite.
Any form of continuous strip Not appileaNe.
commerdal development Is strongly
6scouraged in or near low Intensity
areas
11 Required on Detailed Plan (Enclosure 4):
1. Acreage. The acreage in the plan as shown by a survey, certified by a
registered engineer.
Acreage shown on plan is 9.08 acres. Acreage provided by certified survey is
8.99.
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2. Land Uses. Permitted uses, specified in detail as determined by the
department, and the acreage for each use.
Proposed land use is for One Family Dwelling, Detached.
3. Off-site Information. Adjacent or surrounding land uses, zonings, streets,
drainage facilities and other existing or proposed off-site improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to surrounding properties, uses and facilities.
Provided.
4. Traffic and transportation. The location and size of all streets, alleys, parking
lots and parking spaces, loading areas or other areas to be used for vehicular
traffic; the proposed access and connection to existing or proposed streets
adjacent to the district; and the traffic generated by the proposed uses.
Provided.
5. Buildings. The location, maximum height, and minimum setbacks for all
• buildings, and if nonresidential, the maximum total floor area.
Provided. '
6. Residential development. The number, location, and dimensions of lots, the
minimum setbacks, the number of dwelling units, and number of units per acre
• density. ~ • •
Provided.
Page 3
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7. Water and drainage. The location of all creeks, ponds, lakes, floodplains or
other water retention or major drainage facilities and improvements.
Provided.
8. Utilities. The location and route of all major sewer, water, or electrical fines
and facilities necessary to serve the district.
Sewer and water lines are shown.
9. Trees and landscaping. The location of all protected trees and a landscape
plan as required by the city's landscape ordinance.
Provided.
10. Open space. The approximate location and size of greenbelt, open, common,
or recreation areas, the proposed use of such areas, and whether they are to
be used for public or private use.
Open area will be in a drainage easement.
11. Screening. The location, type, and size of all fences, berms, or screening B
features proposed between different land uses or adjacent properties.
Provided.
12. Signs. Location, type, and size of all signs regulated by the City's sign 1
ordinance. I
Provided.
13. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian
or bicycle use.
Sidewalk, is proposed along Hobson, and the west side of Kara Drive. An
• application for variance has been made. If not granted, sidewalks will need to
be shown on the detailed plan on both sides of Kara Drive.
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RECOMMENDATION
The Planning and Zoning Commission recommends approval of this request (7-0).
Page 4
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ALTERNATIVES
1. Approve as recommended.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
ENCLOSURES
1. Surrounding zoning.
2. Location nap.
3. Detailed plan from Ordinance 87-096.
4. Comparative tabla of detailed plans.
5. Proposed detailed plan.
6. Withdrawl of opposition.
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7.
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ENCLOSUREI
PO 104
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c,. GCMTON TEXAS 76701 Y'~ 1 Coup V CLUB PLACE
Lmi S THIMUSIM iOA°
LANCTSCAPE TABLE t~
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ENCLOSURE 4
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APPROVED PROPOSED
STANDARDS DETAILED PLAN DETAILED PLAN
Acreage 6.5 acres 9.08 acres
Use Single Family Detached Single Family Detached
Zero Lot Line Yes Yes
Number o1 Lots 34 36
Projected Traffic 340 trips per day 350 trips per day
Minimum Lot Area 5,000 square feet 4,800 square feet
Minimum Lot Width 301 eet 48 feet
Minimum Lot Depth 100 feet 100 feet
Lot Coverage 4511/6 maximum 55% maximum
2,250 sq. It. 2,640 sq. it.
Front Yard Setback 15 feet 15 feet
Rear Yard Setback 15 feet 10 feet
Side Yard Setback 0 & 6 feet 0 & 10 feel
Building Height None designated 2 Stories
Gated Community No Yes
Density 5.3 du/acre 4.38 du/acre
Parking 2 per unit 2 per unit
Amenities Center Yes Yes ,
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Detailed ,site Plan V`
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COUNTRY CLUB PLACE
M"r. MARTIN SURVEY A-POO
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FrDAAVY 12, 1097
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ENCLOSURE 6
TO: WALTER REEVES 4/28/97
PLANNING DEPT.
CITY OF DENTON
DEAR SIR
UPON FURTHER REVIEW OF THE PROPOSED DEVELOPMENT ON HOBSON
LANE OF GIOVANNI GIOMI'S I FIND THAT I HAVE NO OBJECTIONS TO THE
PLANS AS SUBMITED TO THE CITY P&Z BOARD, PLEASE WITHDIUiV.r MY
LETTER OF OBJECTION,
THANK YOU
MIKE WOODSON
11FC8 '
o /~o i
-iA pyl G 4 8199,
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED
DEVELOPMENT DISTRICT CREATED BY ORDINANCE 95.256, AS AMENDED, TO
PROVIDE FOR APPROVAL OF A DETAILED PLAN FOR S." ACRES THEREIN AS
SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING
LOCATED ON THE SOUTH SIDE OF HODSON LANE, APPROXIMATELY 600 FEET
WEST OF COUNTRY CLUB ROAD (F.M. 1830); PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 85-256 provided for the creation of a planned development district
for 27.2 acres of land located at the southeast comer of Hobson Lane and Country Club Road (F.M.
1830); and
WHEREAS, Ordinance 86.197 provided for the approval of a detailed plan for 18.5 acres
of land within the district; and
WHEREAS, Ordinance 87-096 provided for approval of an amended detailed plan for 18.5
acres of land within the district and approval of a separate detailed plan for 6.5 acres of land within
the district; and
I
WHEREAS, Mr. Greg Edwards, on behalf of Mr, Giovanni Giomi, owner of the subject
property, has applied for approval of a new detailed plan for 8.99 acres described La Exhibit A, and
located within Planned Development 104 (PD-104), it planned development district established by
Ordinance 85-256; and
WHEREAS, on April 23, 1997, the Planning and Zoning Commission recommended
approval of the requested detail plan; and
WHEREAS, the City Council finds that this detailed plan will be in compliance with the
• Denton Development Plan; NOW, THEREFORE,
F ~
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section L That Ordinance No. 85-256, as amended, as it relates to Planned Development
District 104 (PD-104), a planned development district comprising 27.2 acres of land located therein, ,
• and more particularly to the 8.99 acres described in the legal description attached hereto and O •
incorporated herein as Exhibit A, is further amended by adopting a detail plan for said 8.99 acre
parcel, attached hereto and incorporated herein as Exhibit B for ah purposes
Section If. That the provisions of this ordinance, as they apply to the 8.99 acres described
by Exhibit A, govern and control over any conflicting provisions of Ordinance No. 85-256, as
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amended, as it relates to the subject property, but all the provisions of said ordinance as they apply
to the remainder of the planned development district not herein amended shall continue in force and
effect and shall apply to the remainder of said district.
Settion IIL That a copy of this ordinance shall be attached to Ordinance No. 85.256,
showing the amendment herein approved.
Section IV. That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Section 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 the caption of this ordinance to be I
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of
1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1 BY:
APPROVED AS TO LEGAL FORM
HERBERT L. PROUTY, CITY ATTORNEY `
BY:
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DESCRIPTION 8.99 ACRE TRACT
Being all that certain tract or parcel of land abated In the T. Marlin Survey, Abstract 0 900, Deriton County. Texas
boN a resurvey of all of a caned 9.000 acre tract of land deeerl m as Tractilh the Deed to Glovennd Gord
recorded in Volume 3188, Page 388 of the Real Property Records of Denton Cotihly, Texas being, more fully
described es follows:. ' '
BEG INNING at a W capped iron rod set for comer at the Northeast comer of the tract being deecrbed herein at the
Northeast comer of "Id 9.000 acre trod In the South line of a road under apparent putrlo use posted as Hobson
Road;
THENCE South 00 Degree 02 Mlnutes 57 Seconds East a distance of 509.88 feat to a W capped Iron rod set for
comer,
THENCE South 00 Deg res 24 Mutes 08 Seconds East a distance of 400.88 feet to a 518' Iron rod found for comer
at or now a fence oww post;
THENCE South 89 Deg revs 32 Minutes 48 Seconds West a distance of 428.94 lost to a capped Iron rod set for
comer,
THENCE North 00 Degree 28 Minutes 45 Seconds West passing on route at a distance of 400AS het to a %0 Iron rod
found for wbea and coMinuing on sold course a total distance of 910.92 het to a W Iron rod found for corner In the
South One of said Hobson Lane;
THENCE North 89 Degrees 34 Minutes 19 Seconds East a dhtana of 432.78 het to the PONT Of BEGINNING and j
enclosing 8.99 acres of land more or lose.
• J. E. Thompson II, R.P.L . No. 4857 Data
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P&Z Minutes ATTACHMENT 3
April 23, 19W DRAFT
Page 8
Nis. Russell: Any discussion? All in favor please raise your right hand. Approved same sign.
Approved. (6-1) Mr. Cochran opposed.
b. Hold a public hearing and consider a detailed plan for part of Planned Development 104 (PD-
104).
Ms. Russell opened the public hearing,
Mr. Reeves: This is a request for a detailed plan for 9.08 acres in PD 104. We mailed out notices
on April lath and we received two responses in opposition which represents thirty-two percent
opposition so the 20% rule will be in effect when it goes to the City Council. The allocated
intensity for this property is five hundred and forty-five intensity trips and this plan will generate
three hundred and sixty intensity trips so this is well within the plan. The second policy is the sight
plan control within sixteen hundred of existing low density residential and we are reviewing a
detailed plan so it is consistent with that policy. The other policy that would apply is the green
space, recreational facilities, and diversity of parks, there is some green space proposed and a pool
and tennis center. As far as the policies of the plan, this proposal is consistent with the plan. This
is a gated community so you will be reviewing a homeowner's agreement at some point. The
existing detailed plan has thirty-four lots, this one proposes thirty-six lots. The minimum lot area
for the existing detailed plan is five thousand square feet, the proposed lot area is forty-eight P
hundred. The minimum lot width for the existing plan is thirty feet as opposed to forty-eight for
this plan. Staff recommends approval because it is consistent with the plan.
Mr. Cochran: What were the number of lots on the existing plan versus the proposed plan?
Mr. Reeves: There were thirty-four residential lots plus one lot for a swimming pool and tennis
courts. The proposed plan calls for thirty-five residential lots with a lot for the swimming pout and
tennis courts and one lot for the street.
Mr. Jones: Is this essentially what is already in place?
Mr. Reeves: It is a little bit different than what is in place and they c)uld (wild t1w other detailed
pl an. k
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Ms. Russell: Would the petitioner care to speak?
Mr. Greg Edwards: My name is Greg Edwards. This is a slight modification of the existing plan. /
The own;r wanted to go to a gated community and to provide access to the property to the south.
We have proposed a public road along the western border of the old planned development that goes
• all the w ty through to the south property line. We do have a gated entrance at the center of the
residential community instead of direct access to Hobson Lane. We have had to update fire lane •
o-q,.irements and turnaround requirements. There is going to be more pavement on this project
then there would be on the old detailed plan in order to meet the City of Denton standards.
EveryNng that we have tried to do on this property is to upgrade it and to provide a more secure
and prestigious residential community. We have one more residential lot and 2.5 acres more with
this plan. We have lowered the overall density with this plan and we have not decreased the
amenities. In fact we have increased the amount of amenities and cost that are going to be required
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P&Z Minutes
April 23, 1997
Page 9 J !S 4
to develop this. The owner has several people interested in this development. There are still
several infrastructure things that we still have to take care of. We are in the planning stages and
we would like your support with the zoning.
Mr. Coe' ran: How will the median areas be treated?
Mr. Edwards: They are pan of the roadway lot and will be dedicated to the homeowner's
association. In those areas we do provide some off street parking and landscaping.
Mr. Powell: Would this be considered diversity in housing?
Mr. Edwards: Yes.
Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone to
speak in opposition to the petition? We will close the public hearing. Any final comments?
Ms. Gamer: I move that we recommend approval to the City Council of the detailed plan for 9.08
acres for PD 104.
Ms. Schenz: Second. Q
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved, (7-0)
Mr. Coctran: I reason that I voted for it is because Jtere really isn't much difference impact wise
from what was previously there. 1 really hate to see gated communities here in Denton, they seem
more suited to Dallas or New York City. I heard that the other gated community that was planned
here gave it up and I hope this group will too.
Ms. Russell: I was thinking about that community the other day and it looks like it is just about
` built out. I ant not aware that they have given that up.
Mr. Cochran: 1 had heard that they were not going to do the gate. 1 might be misinformed.
Ms. Russell:: I would suggest that Denton is not that dangerous but that it is the wish of the people.
A lot of people are traveling these days and perhaps they would like a little measure to make them
teel more secure while they are gone. I noticed that we have some distinguished guests this evening
and would you like to tell us about these young men that you have brought here tonight?
• Rick Martino: My name is Rick Martino and 1 am a scout master for Troup 130. We are working • •
on our communications merit badge and one of the opportunities that it gives us is to come to a
public hearing were several issues are being discussed and to see how the system works.
Ten minute break at 7:05 p.m.
v
Reconvene at 7:15 p.m.
~9.
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Agenda Rai,(
agenda Ite
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CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Consider an exaction variance of Section 34.114(17) concerning
sidewalks for a detailed plan of 8.99 acres in Planned Development 104
(PD-104). The subject property Is located on the south side of Hobson
Lane, approximately 500 feel east of Country Club Road.
RECOMMENDATION: j
The Planning and Zoning Commission recommends approval of a variance of Section I
34-114(17) concerning sidewalks for a detailed plan of 8.S9 acres in Planned
Development 104 (PD-104) (6-1).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
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Please advise if I can provide additional Information.
i
Respectfully submitted:
Rick Svehla
Deputy City Manager
i
Prepared by:
i
Walter E. Reeves, Jr., AICP
Urban Planner
t
Attachment #1: Planning and 7oning Commission Report.
Attachment #2: Draft minutes of the April 23, 1997, P & Z meeting.
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PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 6, 1997
Subject: Variance to Section 34-114(17), concerning sidewalk for a
detailed plan of 8.99 acres in Planned Development 104
(PD-104)
Recommendation
Planning and Zoning Commission recommends approval of a variance of Section 34-
114(17) for a detailed plan of 8.99 acres in Planned Development 104 (PD-104) (6-1).
Background
The detailed plan is for a proposed 37 lot gated subdivision located in Planned
Development 104 (PD-104), which is located on the south side of Hobson Lane,
approximately 500 feet east of Country Club Road. The owner of the proposed
development has applied for a variance to Section 34-114(17) of the Code of
Ordinances of the City of Denton. This section of the Code of Ordinances requires
sidewalks along one side of all perimeter roads and along both sides of all interior
streets.
The applicant proposes a sidewalk along only one side of Kara Drive. The application
is based on the idea that the land on the west side of Kara Drive will be a greenbelt.
Therefore, no homes will have frontage or access to that side of Kara Drive. An
exaction variance may be recommended to the City Council if the following criteria is
met.
Section 34-6(b) Criteria for variances from development exactions. Where the commission
finds that the imposit~on of any development exaction pursuant to these regulations exceeds
any reasonable benefit to the property owner of Is so excessive as to constitule confiscalion of
the tract to be planed, it may recommend approval of variances to waive such exactions, so as
to prevent such excess to the city council. Waiver of developmental exactions shall be
" approved by the city council.
Staff recommended approval of the requested variance. Although Kara Drive is
• proposed to be extended south, there is an existing creek that runs along its entire
length. It is unlikely that any homes would front on the west side of the street. For '
transportation purpos5s, a sidewalk on one side would suffice. This development
would not create a need for sidewalks on both sides.
Th6 Commission recommends approval of the variance as there is not a. reasonable
® connection between the required sidewalk and the needs of the development. • ` j
Enclosures
1. Detailed plan.
2. Letter from applicant.
3. ~
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VICINffY MAP
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a-.- M_•~~ Detailed Site Plan
for
COUNTRY CLUB PLACE
L~.LJ,! "ir ti~r..~r ur"~ O.OB AcIW
4 fn NIT MARTIN SURVEYA-000
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Clry and County of Denton, 7araa
tit Y ti 1 / 1M-.Yr Y 411
February 12, 1997
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ENCLOSURE 2
1118 Sandplper Denton, Texas 78205 Phone: (817)591.9481 FAX (817)591-0582
Thursday, April 03,1997
City of Denton
Attn.: Dave Salmon
CRy Hall W"t
Denton, Texas, 78201
Ref.: Sidewalk variance for Country Club Estates
Dear Dave,
The City of 0enton Subdivision Ordinance requires sdewalk on both sides of public streets. Generally
there Is development on both sides of the public street or the street Is a perimeter street where the
developer Is only required to build half the street and sidewalk on one side.
With the floodplaln west of Kara Drive, the road functions as a perimeter road to Country Club Estates. No
development can occur on our clients property west of Kara Drive. For this reason we feel it is
appropriate to provide sidewalk on only one side of Kara Drive.
Please call if you have any questions.
I
Sincerely,
Grep ' wards ~P6. ,
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P&Z Minutes ATTACHMENT 2
April 23, 1997
Page 7 DRAFT
V. PD-104. The subject property consists of 9.08 acres, and is located on the south side of Hobson
Road, approximately 500 feet east of Country Club Road. (Z-97-004)
a. Consider a variance of Section 34.114(17) regarding sidewalks.
Mr. Salmon: Greg Edwards is representing the owner of the proposed Country Club Place
Subdivision. Ile has applied for variance regarding sidewalks. The cited section requires that
sidewalks be installed along one side of all perimeter streets and both sides of all interior streets in
the subdivision. In this case therewill only be one public interior street in the subdivision, and that
is Cara Drive. The applicant is proposing to install sidewalks on one side of that street. All of the
property on the west side of Cara Drive is proposed to be a drainage and greenbelt area. There will
be no homes on that side of the street and there will be no access to adjacent properties on that side j
of the street. All of the homes will be over on the east side and the access and the only access into
that area will be by a private road. This variance has been applied for based on the needs of the
subdivision which makes this an exaction variance. Staff recommends approval of this variance.
We agree that since there is only going to be access to one side of the street and only homes on one
side of the street, there really is no need to have sidewalks on both sides of the street. They are
proposing to install the sidewalk on the same side of the street where the drainage and greenbelt are
going to be, 1 have talked to our parks and recreation director and he thinks that is a good idea as
well. We recommend that this variance be granted as applied for.
Ms. Russell: Would the petitioner care to speak?
Mr. Greg Edwards: My name is Greg Edwards and my address is 300 N. Carroll, Suite D. 1 am
the civil engineer representing the owner. David covered all of the information concerning the
sidewalk request. We felt that a sidewalk on one side was appropriate along with the security
fencing that we are planning on putting up and the parkway that we have on Cara Drive.
Mr. Cochran: What is on the next property that is PD 104?
Mr. Edwards: This is pan of PD 104 and it was divided into a multi-family area and a single
family area, What we have done is to add about two acres from the multi-family area to the s.q.,e `
family area. The oATwrs of this property do own the property to the south, the SF-10 area to the
south. The change to our plan and putting in Cara Drive does provide a roadway from Hobson
lane that gets a secondary access to that property. l
Nis, Schertz: Do you know if they are planning on using local builders?
Mr. Edwards: I believe that they are planning on using local builders but it is still too early to
know for sure.
A tm
Ms. Schertz; I move that an exaction variance be recommended to City Council allowing the
sidewalk on only one side of Cara Drive in the Country Club Place Development as the
development does not create :,te need for sidewalks on both sides.
Ms. Gamer. Second.
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P&Z Minutes
April 23, 1997 DRAFT,
Page 8
Ms. Russell: Any discussion? All in favor please raise your right hand. Approved same sign.
Approved. (6-1) Mr. Cochran opposed,
b. Hold a public hearing and consider a detailed plan for part of Planned Development 104 (PD-
104).
Ms. Russell opened the public hearing.
Mr. Reeves: This is a request for a detailed plan for 9.08 acres in PD 104. We mailed out notices
on April l lth and we received two responses in opposition which represents thirty-two percent
opposition so the 20% rule will be in effect when it goes to the City Council. The allocated
intensity for this property is five hundred and forty-five intensity trips and this plan will generate
three hundred and sixty intensity trips so this is well within the plrn. The second policy is the sight
plan control within sixteen hundred of existing low density residential and we are reviewing a
detailed plan so it is consistent with that policy. The other policy that would apply is the green
space, recreational facilities, and diversity of parks, there is some green space proposed and a pool
and tennis center. As far as the policies of the plan, this proposal is consistent with the plan. This
is ^ Sated community so you will be reviewing a homeowner's agreement at some point. The
c.. 'ng detailed plan has thirty-four lots, this one proposes thirty-six lots. The minimum lot area
for the existing detailed plan is five thousand square feet, the proposed lot area is forty-eight
hundred. The minimum lot width for the existing plan is thirty feet as opposed to forty-eight for
this plan. Staff recommends approval because it is consistent with the plan.
Mr. Cochran: What were the number of lots on the existing plan versus the proposed plan?
Mr. Reeves: There were thirty-four residential lots plus one lot for a swimming pool and tennis
courts. The proposed plan calls for thirty-five residential lots with a lot for the swimming pool and
tennis courts and one lot for the street.
Mr. Jones: Is this essentially what is already in place?
1 Mr. Reeves: It is a little bit different than what is in place and they could build the other detailed
plan.
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Ms. Russell: Would the petitioner care to speak?
i
Mr. Greg Edwards: My name is Greg Edwards. This is a slight modification of the existing plan.
The owner wanted to go to a gated community and to provide access to tho property to the south.
We have proposed a public road along the, western border of the old planned development that goes
• all the way through to th•: south property line. We do have a gated entrance at the center of the
residential community instead of direct access to Hobson Lane. We have had to update fire lane •
requirements and turnaround requirements. There is going to be more pavement on this project
. J then there would be on the old detailed plan in order to meet the City of Denton standards.
Everything that we have tried to do on this property is to upgrade it and to provide a more secure
and prestigious residential community. We have one more residential lot and 2.5 acres more with
this plan. We have lowered the overall density with this plan and we have not decreased the
amenities. In fact we have increased the amount of amenities and cost that are going to be required
7.
Agenda No.
Agenda Ite~
flats
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehia, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Consider an exaction variance of Section 34.114(5) concerning perimeter
paving. The subject property consists of 13.401 acres, Is in the Light
Industrial (LI) zoning district, and is located on the west side of Mayhill
Road, approximately 1,000 feet south of McKinney Street. f
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (6-0).
SUMMARY:
See Planning and Zoning Commission Report.
r ,
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
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Please advise if I can provide additional information.
Respectfully submitted:
Rick Svehla
Deputy City Manager
Prepar _by:
JWal er E. R eves, Jr., AICP
Urban Planner
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Draft minutes of the April 23, 1997, P & Z meeting.
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PLANNING AND ZONING rMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 6, 1997
Subject: Variance to Section 34-114(5), concerning perimeter paving
~i
Recommendation
Planning and Zoning Commission recommends approval of a variance of Section 34-
114(5) for Golden Triangle Industrial Park, Lots 7 & 8, Phase VI (6-0).
Background
This request is for Golden Triangle Industrial Park, Lots 7 & 8, Phase VI, a proposed 2
lot development in the Light Industrial (LI) zoning district, consisting of 13,401 acres,
and is located on the west side of Mayhill Road, approxt m,a'ely 4,000 feel south of
McKinney Street. The owner of the proposed development has applied for a variance
to Section 34.114(5) of the Codn of Ordinances of the City of Denton. This section of
the Code of Ordinances requires the reconstruction of any public street along the
perimeter of the development. Lots 7 & 8, Block 1, have approximately 1,000 feet of
frontage on Mayhill Road. Twenty-four (24) feet of pavement width including curb and
gutter would be required.
The developers of propose no street improvements with this development. The
applicant bases the request on the cost of tte improvements compared to the use of
the property and need generated by the development. An exaction variance may be
recommended to the City Council if the following criteria is met.
Section 34-6(b) Criteria for variances from development exactions. Where the commission
finds lha: the imposition of any development exaction pursuant to these regulations exceeds
any reasonable benefit to the property owner or is so excessive as to constitute confiscation of
the tract to be placed, it may recommend approval of variances to wabre such exactions, so as
to prevent such excess to the city council. Waiver of developmental exactions shall be
approved by the city council.
Staff did not recommend a full variance. Lot 8 is proposed to be donated to the City
of Denton for future greenbelt uses (a deed accomplishing such has been signed by
• the property owner). It is almost entirely within the Pecan Creek tloodway and would
be considered unbuildable. As the applicant is actually donating the property to the '
City instead of only dedicating an easement, the subdivision ordinance will allow a
trade off between the donation of the property and the paving improvements along the
frontage on Lot 8. Thus, the variance only needs to apply to Lot 7 which has I
• approximately 300 feet of frontage. ' o •
Staff agreed that placing 300 feet of curb and gutter along the Mayhill Road frontage
of Lot 7, without connection to any other curb and gutter could create an unsafe
condition. However, with the proposed use being office/warehouse and possibly a
roller hockey facility, staff recommended some road improvements. These have the
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increase traffic, especially in heavy truck traffic. Mayhill Road
potential to notably that the developer
currently has a substandard pavement section. Staff recommended
give the City what it would cost to rebuild the street across the frontage of Lot 7,
$12,400. The City would use that money to make improvements to Mayhill Road from
the subject property to McKinney Street.
It should be noted that this variance would be consistent with the variance Council
granted to Henry Rde for the Sally Beauty Warehouse further to the north.
The Commission recommends approval of the variance of Section 34-114(5) of the
Code of Ordinances of the City of Denton concerning perimeter street paving, allowing
the developer of Golden Triangle Industrial Park Phase VI, Lots 7 & 8, Block 1, to give
$12,400 to the City in exchango for paving improvements on Mayhill Road instead of
constructing perimeter street paving because there is no reasonable connection
between the required perimater paving and the needs of the development.
Enclosures
1. Preliminary plat.
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PRKLI`N3NA~~RNqDY PLAT
OGtOEN TItlAN0U0L PAK PNASt A
SURVEYOR'S CERTIFICATE OW 13.401 ACRES
NO PL LOW IN
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P&Z Minutes f
April 23, 1947 ATTACHMENT 2 L RAFT
Page 16
VIII. Golden Triangle Industrial Park, Phase VI. The subject property consists of 13.401 acres, is in the
Light Industrial (LI) zoning district, and is located on the west side of Mayhill Road, approximately
1,000 feet south of McKinney Street
a. Consider an exaction variance of Section 34-114(5) regarding perimeter paving.
Mr. Salmon: Landmark Surveyors is representing Martino Development Co. who are the owner
of the Golden Triangle Industrial Park Addition. They have applied for a variance from the
perimeter street paving. The cited section requires that the street along the frontage of the
development be reconstructed. The street section that would be required in this case is a twenty-
four inches wide section with curb and gutter. The applicant proposes no street improvements with
this development. The applicant bases the request on the cost of the improvements compared to the
use of the property and the need generated by the development which would make this an exaction
variance. Staff does not recommend a full variance in this case. There are two lots proposed and
both of them have frontage on Mayhill Road. Pecan Creek flows through the cer :.r of Lot 8. Lot
8 is almost entirely within the flr dway and would be considered an und?ve:upable lot. The owner
has signed a warranty deed that would transfer ownership of that property over to the city. We
have a provision in our Subdivision Regulations that allows a tradeoff between the dedication of
additional right-of-ways for street improvements, We feel that with the dedication of this property
to dx- city as opposed to only dedicating an easement, which would be required by ordinance, that Q
they have gone above and beyond what would normally be required. So with that we feel that
suffices for not having to do the perimeter paving along Lot 8 which has about two thirds of the
frontage. Lot 7 has about three hundred feet of frontage. Staff would also agree that placing three
hundred feet of curb and gutter along Mayhill Road where there is no curb or gutter on either side
is not the best situation. We would agree that is not the answer. We processed a variance a while
ago for a similar type of development on Mayhill Road, just south of Hwy 380, whei,: they were
going to have a warehouse/office type of use. In that instance the Commission did not recommend
the variance and then the City Council did recommend a partial variance and the developer was
allowed to give the money to the city in lieu of making the improvements themselves. The city then
took that money and made improvements from that development all the way up to Hwy 380. We
` have almost the exact same situation here. We have a very similar type of industrial warehouse
type of development which is expected to have significant truck traffic, possibly a roller hockey
facility w'r ~ch could generate regular vehicular traffic. They have about the same amount of street
• frontage as the other development, We calculated what it would cost to do the perimeter paving
and it would cost about twelve thousand four hundred dollars. We are proposing that they give that
money to the city and the city would use that money to repave the road from their driveway to E.
McKinney and do a ccmptcte resurfacing.
Ms. Gamer: What would the city be able to do with the eight an half acres that they are deeding
• to the city? O
Mr. Salmon: Our master plans indicate that at some point in time the city would like to have a
greenbelt along Pecan Creek all the way from Lake Lewisville up to Ruddell Street. 1 think this
is in keeping with that.
Mr. Jones: We are trading no curb and gutter, and street improvements on Lot 8 for Lot 8?
6.
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P&Z Minutes a
April 23, 1997 AA
Page 17
Mr. Salmon: Correct. Our ordinance would require that they dedicate the entire lot as a drainage
easement. They have chosen to dedicate the property to the city fee simple so they would have no
ownership rights.
Mr. Jones: What is the value of Lot 8? is it ; fair trade?
Mr. Salmo t: The value is very limited. think it has more value to the city than it would the
developer of the property. We are probably talking about somewhere around twenty-five thousand
dollars of street improvements. I don't know if the property is worth twenty-five thousand dollars.
1 am sure it is not worth that much to someone if they wanted to build or develop it because they
wouldn't be able to. It certainly is of value to the city to have that property and to have that
assurance that the floodpIain will be protected and that at some point in time when we want to have
the greenbelt we will be able to do that without having to purchase the property.
Ms. Russell: Could they build a parking lot on this lot?
Mr. Salmon: No. It would be a drainage easement and you could r-t put private improvements
in that easement.
Nis. Russell: Is what you are recommending that saute as what we did for Sally's Beauty Supply?
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Mr. Salmon: Yes. The frontages are almost the same.
Mr. Cochran: What would be the cost to the city to bring the road up to standard for the additional
traffic generated from this development?
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Mr. Salmon: Lot 8 won't generate any traffic and for Lot 7 1 haven't been able to estimate the
amount of traffic because I really don't know what they are going to build. I know that they are
talking about sonic warehouse uses and possibly a rol:er hockey facility. I don't know what the size
of the buildings will be or the uses to calculate vehicle trips. I am assuming with a warehouse use
you are going to have ~ome truck traffic and with a roller hockey facility you will have sporadic
traffic. The figures tha I have are for what it would cost to put in twenty-four foot width of
pavement with curb and gutter on that one side. ror Lots 7 and 8 it would probably cost thirty-five
thousand dollars for half of the street.
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Ms. Ganzer: What is on the other side of Lot 77
Mr. Salmon: On the north side of Lot 7 there are some mini warehouses. The road has been /
overlaid within the last couple of )cars.
® Ms. Russell: Would the petitioner care to speak? • 0
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Mr. Trey Martino: My name is Trey Martino and my address is Rt. 2, Box 247L in Aubrey. I
represent my family, my brothers and 1, that own this piece of property and are desiring to develop
it. We are petitioning to not have to do the curb and gutter, and street improvements for several
reasons. We did sign the deed today and the eight and half acres now belongs to the city. It
doesn't have a contmercH use, but we did discuss putting in a park because we did own the
property on both sides of this lot. We have talked about putting in a roller hockey rink and we
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P&Z Minutes
April 23, 1997 ~ NAI I'
Page 18
could have used this land for pathways. We did pay good money for it when we bought the land,
so the fact that we are giving it to the city, we feel that we should get some consideration for giving
it to the city. It also strikes me that the city is not going to improve their section of the street but
they are going to ask us to improve our section of the street. All of the [and north of here to
McKinney street, none of the developers have been asked to improve the street. We are the only
developer being asked to improve the street. We are proposing to build a sixty thousand square foot
building. It will be built so that it could be used for a warehouse but its final use is yet to be
determined. We do have a secure tenant for the roller hockey rink and that will use about thirty-
five percent of the building. The rest of the building we will seek to rent as warehouse. 1 would i
like to not have to pay the twelve thousand four hundred dollars.
Mr. Svehla: The lots to the north of here either existed as pieces of ground that were platted prior
to the perimeter paving requirement or they were pieces of ground that were built upon before plats
were required. When that happens we don't get any street improvements. Johnny Joe's actually
has frontage on McKinney which is a state road and we don't require improverents on state roads.
It is true that they have given us ownership of Let S. If they would have kept Lot 8 then we would
not allowed them to plat this property into two lots. They would have platted it into one lot and
we would have been ta:king about improvements for all of the frontage of Mayhill. We think that
by them giving us ownership of Lot 8 that does help us and that is the reason we are not asking for
the improvements on Lot S. Mr. Martino also talked about it not being fair that we were not going
to do the improvements on Lot 8. There are a couple of reasons for that, number one, we are going
to have build a new bridge on Mayhill Road, The existing structure is too small, we have high
water gates there now when it rains. We don't think it is appropriate to make improvements there
in the short run when in the very near future we think we are going to have to make major
improvements in that area We have to maintain the road and we will continue to do that. We do
think that Mr. Martim*1 and his development are going to generate some traffic and that it is
reasonable to ask for the improvements in front of his property.
Mr. Martino: The flooding that he talks about includes the frontage of Lot 7, so if they are going
to raise the road then they will be redoing what we have done.
Nit. Svehla: We don't have to raise the road, we just need to make the channel wider and the
bridge wider.
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Mr. Powell: Why did you give up ownership of Lot 8 before you made the whole deal?
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Nit. Martino: We were told that we had to give up Lot 8 before we could come and ask for a
variance.
n Mr. Svehla: That is true. The reason they had to do that is that Lot 8 is not a develop able lot. ' •
It is all in the floodway and you can't build a building on it and therefore by state law you can't plat
it. You can't plat a non develop able lot. The only way that they could plat into two lots was to
give Lot 8 to us because then we can insure that it is never going to be developed.
Mr. Powell: Why did you not make the whole deal though?
Mr. Martino: Because of regulations staff coup not do that and we had to ask for a variance.
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P&Z hiinutes
April 23, 1997
Page 19
Mr. Jones: Did we spend the money that we got from the Sally Beauty development?
Mr. Svehla: We made improvements to Mayhill up to Ilwy 380. We would do the same thing with
this project. We would take this money, add to it, and repave and overlay Mayhill all the way back
to McKinney. We will also make sure that Mayhill is twenty-four feet wide.
Nis. Russell: The one difference that I see in this is that they have given up land. I know he
couldn't develop it and 1 understand the rules, but it was his land and he gave it to us.
Mr. Cochran: It seems only reasonable to ask him to help improve this road since his success is
going to increase the traffic on this road. This seems like an equitable solution to me. If we didn't
take the property then he would be applying for a variance for the entire frontage.
Ms. Schertz: I am assuming when he bought this property it was one parcel of land,
Mr. Martino: When we purchased this property it was pan of a larger piece of land.
Ms. Schertz: Then in my experience he probably got it real reasonable, and that is all floodplain
and he knew he couldn't use it. 1 don't have a problem going along with Commissioner Cochran.
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Mr. Cochran: I move that we recommend to City Council a variance of Section 34-114(5) of the
Code of Ordinances concerning perimeter paving, allowing the developer of Golden Triangle
Industrial Park, Lot 7 and 8, Block 1, to give twelve thousand four hundred dollars to the city in
exchange for paving improvements on Mayhill Road instead of constructing perimeter paving. J~
Ms. Schertz: Second. i
Mr. )ones: I am in agreement with what Barbara said concerning the developer giving the city
property. They property is probably not worth much but neither is the twelve thousand dollars.
Often times we go to developers and ask them to dedicate property for green space and we don't
have a problem taking it. Here is another situation where it is not develop able and it is more
valuable to us then them, but we can't seem to grant them a twelve thousand dollar break on this
situation. I think we sometimes strain too hard to follow the rules and then we are not willing to
• do the same back when the opportunity presents itself. I am going to vote against this.
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Mr. Cochran: It is my understanding that if we did not accept this land, he would be responsible
for a thirty-five thousand dollar perimeter paving job along there. We are assuming a twenty-five
thousand dollar responsibility for this in lieu of this land.
• Mr. Jerry Yensan: My name is Jerry Ycrssan and I own Landmark Surveyors. In response to Mr. I, • O
Cochran, we originally intended to preliminary plat both lots and only final plat the one lot. We
could have come back and put skating paths on the other lot. There was some value associated with
that lot. We have a problem with giving away the lard and having to pay the money when the
money would have been the same if we had done it the way that we wanted to.
Mr. Svehla: I understand that Mr. Yeasan would only like !o final plat Lot 7 but that would leave
an undevelopable piece of property which you can't do according to the rules, It is my
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P&Z Minutes rr f i
April 23, 1997
Page 20
understanding that when '.hey plat this property they cannot have an undevelopable lot. To plat this
property they would have had to plat it as one lot and then we would have asked for a drainage
easement for all of the property that is in the tloodway.
Mr. Moreno: Is it my understanding that Mr. Rife had to pay twelve thousand dollars for road
improvements? {
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Mr. Svehla: Yes he did and I think he did dedicate some right-of-way.
Ms. Gamer: My concern is Mayhili Road and that it should have been improved a long time ago.
It has become a lot busier since Ryan High School w;ts built and I don't think we should penalize
the Martin's for this when the entire road needs to be fixed. I can't remember when Mayhili Road
wasn't a horrible road. I won't be voting for this.
Ms. Schertz: I understajhl your thinkLig and that is why I asked about the other developments.
They just got in before the paving was required. 1 agree that I don't like having to do that but this
is 1997 and that is what the rules say. I have a problem making exceptions because nobody else
had to do, but every body else did it before 1997. 1 don't tike to make the developer pay for more
but on this one, rules are rules.
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Mr. Cochran: 1 wouldn't have a problem with it if they weren't going to generate any traffic, but
they are going to generate traffic. That is what the issue is. They are going to create more traffic
on the road and this will defray some of the impact that their development will have on the road.
Ms. Russell: Part of the problem with Mayhill Road is that half of it is she city's responsibility and
half of it is the county's responsibility. We have only seen one other property on that road. The
only way this differs from the other development is that they are giving the city eight and a. half
acres of land. Commissioner Schertz makes a good point and I am not sure how I am going to vote
on this.
Mr. Jones: The only other thing tt.e developer can do is to say that he will wait and not develop
until we have built the road. If that is the case then we will lose that tax base for however long it
takes for the road to be improved. I am not convinced that they have to do this project. If it were
• me and I just gave someone eight acres and they wouldn't cooperate on the rest of the deal 1 would
walk away. r
Mr. Cochran: Well presumably he plans on making more than twelve thousand four hundred
dollars in the neat five years on this project.
Q Mr. Jones: Maybe, but he doesn't have to. The next time that he develops something and we ask
for a little green space, why should he? What is the cooperation level here? That is what I am
concerned about. What is the rnessc&c we sent to the next developer that comes through the door?
We are not talking about a lot of money.
Mr. Bucek: I am not sure that you all are understanding the value of this tract. We have
condemned some right-of-way oaf of Mayhill Road and on floodplain property it is somewhere {
between fifteen hundred and two thousand dollars an acre. You can't even justify that, you just
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P&Z Minutes f r ft
April 23, 1997
Page 21
have to offer something. With this being eight acres the best that it would be worth is sixteen
thousand dollars and if the roadway is thirty-seven thousand dollars then it seems that there has been
some cooperation made.
Mr. Jones: I fm not saying that the staff is not working with the developer or. this, i know they
have their rules and this is exactly what 1 expected from them. I think that we can show that
cooperation.
Mr. Cochraa: The question is who is going to pay for it, the developer who will profit from it, or
the taxpayer? 1 will recall the question.
Mr. Svehla: If you approve the motion then he pays the city twelve thousand four hundred dollars
and we pave from his property to McKinney. If you deny this motion and make a motion to grant
the variance and it passes then that is recommended to the Council and they make the final decision.
Mr. Reeves: The third option if nelthet motion passes is that they are required to do what our
regulations call for and that would be a half section of street, and curb and gutter.
Ms. Russell: Any further discussion? All in favor please of the motion please raise your right
hand. Opposed same sign. Denied. (34) Ms. Ganzer, Ms. Russell, Mr. Powell, and Mr. Jones
opposed.
Mr. Powell: i move that we recommend to City Council a variance of Section 34-114(5) of the
Code of Ordinances concerning perimeter paving, allowing the developer of Golden Triangle
Industrial Park, Lots 7 and 8, Block 1, to give six thousand two hundred dollars to the city in
exchangc for paving improvements on Mayhill Road instead of constructing perimeter paving.
Ms. Russell: Motion dies due to lack of a second.
Mr. Ioirs: 1 move that we recommend to the City Council a variance of Section 34.114(5) of the
Code of Ordinances concerning perimeter paving, allowing the developer of Golden Triangle
Industrial Park, Lots 7 and 8, Block 1, in consideration for the gift of Lot 8 that all cost of
perimeter paving be waived,
p Ms. Gamer: Second.
Ms. Russell. An; discussion? All in favor please raise your right hand. Opposed same sign.
Denied. (3-4) Mr. Cochran, Mr. Moreno, Mr. Powell, grid Ms. Schertz opposed.
Mr. Svehla: I think you are back to what Walter was talking about. Our regulations say that you
t) do perimeter paving, and curb and gutters. • •
Mr. Cochran: I don't think we want to do that. 1 think we may want to vote to not accept the land.
Ms. Ganzer: That has already been done.
Mr. Bucek: They have dedicated it but the Council has to accept dedl,cations.
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P&Z Minutes
April 23, 1997 h. t
Page 22
Mr. Yensan: The city doesn't have to obtain a variance to pave the road for the lot that they are
receiving, but we have to get a variance to not pave for the lot i e are developing. If the city were
not to accept Lot 8, and the Martinos were allowed to plat this into one lot and put their skating
trails in, could they not ask for a variance against that same portion that is in the floodpWn? It
looks to me that they would be much better off by owning all of the land and not havietg to pave
the same area that the city doesn't want to pave.
Mr. Bucek: The state constitution says that you can't give gifts to private corporations era
individuals. When you grant a variance that constitutes a gift then you violate the constitution. The
city is the people so it can give gifts to itself. It is not a gift, its the people.
Ms. Russell: I think that some value ought to be acknowledged in receipt of that land.
Mr. Cochran: If I understand it right we are acknowledging it for about twenty-five thousand
dollars worth. They would be responsible for paving charges of about thirty-ftva thousand dollars
if we did not accept this land from them. Apparently they don't want the land enough to justify it,
and that is more than the cost of the land,
Ms. Schertz: That is what I understand.
Mr. Reeves: First of all this plat only works if they deed Lot 8 to the city. This is not a develop
able piece of property and you can't plat a lot that can't be developed. If Mr. Martino wanted to
keep this and put his skating trails there, that is fine with us. Then he gets to plat all of this and
dedicates a drainage easernent and he is responsible for pub::. improvements for the entire frontage
which includes the bridge. He could come in and ask for a variance but under this scenario this lot
has to belong to the city otherwise this is not an approvable plat by state law. As Mr. Salmon said
the total improvement here is.ibout thirty-five thousand dollars so in lieu of the thirty-five thousand
dollars so they can plat it this way we are recommending a variance for Lot 7 that they want to
develop for twelve thousand dollars that will be used to pave the road.
Nis. Russell: So we have ackrv:)wledged the value.
Mr. Reeves: Yes.
•
Mr. Jones: If they had come in and wanted to give us this property would they have to plat?
Would we still require him to do the perimeter paving even if he wasn't going to build a building?
Mr. S,iehla: Yes we would still have told him that he had to do perimeter paving for Lot 7 He
is going to get a better road in .'.oat of his development because we are going to add money to the
• money that he is giving us ann. 14e will pave all the way back to McKinney. O •
Sir. Martino: 1 extend my ,pilogics that I have caused such a major confrontation here. I
appreciate the heartfelt sentiment on both sides of the fence here. 1 had only come with the idea
that we were giving eight acres and that maybe we could get sonic consideration. With the way
things have transpired 1 would like to see if we could reword the intent of the original motion issued
by staff and we would go ahead and accept that and move the project along.
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P&Z Minutes
April 23, 1997
Page 23
Mr. Powell left at 9:10 p.m.
Mr. Cochran: 1 move that we recommend to the City Council a variance of Section 34-114(5) of
the Code of Ordinances concerning perimeter paving, allowing the developer of Golden Triangle
Industrial Park, Lots 7 and 8, Block 1, to give twelve thousand four hundred dollars to the city in j
exchange for paving improvements on Mayhill Road instead of constructing perimeter paving.
Mr. Jones: Second, with a great deal of thanks to the developer.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6.0)
Mr. Cochran left at 9:15 p.m.
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Agenda No. [-_C
Agenda Ite
Date_
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: h13y 6, 1997
SUBJECT: Consider an exaction variance of Section 34-114(17) concerning
sidewalks. The subject property is in the Agricultural (A) zoning district,
consists of 735.892 acres, and is located between U.S. 380 and
McKinney Street, approximately 6,000 feet east of Mayhill Road.
RECOMMEND;,TION:
The Planning & Toning Commission recommends approval of a partial variance (7.0).
SUMMARY:
See Planning & Zoning Commission Report.
BACKGROUND:
See Planning & Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None. j
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Please advise if I c:an provide additional information.
Respectfully submitted:
Rick Svehla
Deputy City Manager
Prepared by:
after E. Reeves, Jr., ICP
Urban Planner
Attachment N1: Planning and Zoning Commission Report.
Attachment N2: Draft minutes of the April 23, 1997, P & Z meeting.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
Frcm: Planning and Zoning Commission
Date: May 6, 1997
Subject: Veriance to Section 34.114(17), concerning sidewalks for
Rancho Dell-ago
Recommendation
Planning and Zoning Commission recommends approval of a partial variance of
Section 34-114(17) for Rancho Oel Lago (7-0).
Background
This request is for Rancho Del Lago, a proposed 369 lot development in the
Agricultural (A) zoning district, consisting of 735.892 acres, and is located between
U.S. 380 and McKinney Street, approximately 6,000 feet eabt of Mayhill Road. The
owner of the proposed development has applied for a variance to Section 34.114(17)
of the Code of Ordinances of the City of Denton. This section of the Code of
Ordinances requires sidewalks along one side of all perimeter roads and along both
sides of all interior streets.
The developers of Rancho Del Lago propose no sidewalks. They have indicated that d
there wold be some equestrian trails but no commitment has been made. The
petitions believes that due to the large lot size and rural nature of the development
sidewalks will not be needed. An exaction variance may be recommended to the City
Council if the following criteria is met.
Section 34-6(b) Criteria for variances from development exactions. Where the commission
finds that the imposition of any development exaction pursuant to these regulations exceeds
any reasonable benefit to the property owner or is so excessive as to constitute confiscation of
the tract to be platted, a may reoornmend approval of variances to waive such exactions, so as
to prevent such excess to the c% council Waiver of developmental exactions shall be
approved by the city council.
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Staff recommended a partial variance for this subdivision. The average lot frontage in
this subdivision is approximately 220 feet. Sidewalk would cost approximatEly $2,200
• per lot which is significantly more than even a Single Family 16 lot. However,
Lakeview Boulevard will carry traffic from University Drive to McKinney Street and
eventually to 1.35. Two of the ultimate four lanes will be constructed by the developer
of Rancho Del Lago. Due to the expected high traffic volumes and initial narrowness
of the road (24 feet wide), staff felt sidewalk was necessary along at Bast one side of
Lakeview Boulevard for safety reasons. Sidewalk on the opposite side would most
b likely be constructed by the City when the remaining two lanes were constructed. In 0
J total, the sidewalk would cost approximately $168,000. The cost per lot would be
$455, which is consistent with a standard residential subdivision.
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The Commission recommends approval of the partial variance as the cost 7th
sidewalks, except along Lakeview Boulevard, has no reasonable connectiorequired sidewalk and the needs of the development, The Commission dorecommend a variance
for sidewalk along Lakeview Boulevard as there is reasonable connection between the cost of that sidewalk, and the needs of development.
Enclosures
1. Preliminary plat.
2. Letter from applicant.
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ENCLOSURE2
REQUEST FOR VARIANCE
Rancho Del Lago Subdivision
City of Denton, Texas
Petitioner: Land Advisors, Inc.
Date: April 12, 1997
Article: 34.114.(17) - Sidewalks
Description:
Petitioner requests a variance to the referenced article of the City of Denton Subdivision and
Land Development Regulatifrs as follows:
To delete the requirement for sidewalks in the subdivision.
Rationale:
The property is zoned Agricultural N pith a minimum lo: width of 150 feet. There are 368 lots D
proposed in the subdivision. Street frontage totals approximately 80,500 feet. This calculates to
an average street frontage (and sidewalk requirement) of 219 feet per lot.
2etitioner believes that:
1) Granting of the variance will not be detrim,mtal to -*rte public safety, health or welfare or f
be injurious to other properly;
2) The conditions upon which this request are sought are unique to the proposed
subdivision and are not generally applicable to other property;
3) The Ciy of Denton will allow a variance from the sidewalk requirement when the
average street frontage exceeds approximately 170 feet. With an ave• age street frontage
of 219 feet per lot, the proposed development meets this criteria.
4) The variance will not in any marmet vary the provisions of the, Zoning Ordinance, Denton
Development Plan, Master Plan, or Studies; and
• 5) The conditions upon which this request is based did not result from or were not cteated
by the act or omission of the owner or any prior owner subsequent to the date of creation
of the requirement from which the variance is sought.
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P&Z Minutes
April 23, 1997 ATTACHMENT 2
Page 12
VII. Rancho Del Lago. The subject property is in the Agricultural (A) zoning district, consists of
735.892 acres, and is located between US 380 r,n,i McKinney Street, approximately 6,000 feet east
of Mayhill Road.
a. Consider a General Development Plan of Rancho Del 1-ago.
Mr. Reeves. Our subdivision regulations require that a General Development Plat be done when
a piece of property is subdivided into a smaller piece that doesn't include the entire acreage. In this
particular case the entire acreage is over 800 acres and Rancho Del Lago project is approximately
735 acres. The Development Review Committee recommends approval,
Mr. Cochran: 1 move approval of the General Development Plan for Rancho Del Lago.
Nis. Garner: Second.
Nis. Russell: Any discussion? All in favor please raise your right hand, Opposed same sign.
Approved. (7-0)
b. Consider the fo'iowing variances:
1. An exaction variance of Section 34-114(17) regarding sidewalks.
2. An exact;,)n variance of Section 34-124(e) regarding drainage design.
3. An exaction variance of Section 24.1I4(8)(c) regarding the maximum block length.
Mr. Salmon: The first variance is of our sidewalk requirements. The cited section requires
sidewalks be installed on both sides of all interior streets of the subdivision and :long one side of
any perimeter streets. The developer is not proposing any sidewalks in the subdivision based on
the large size of the lots and the rural nature of the subdivision, which makes this an exaction
variance and you would be making a recommendation to the City Council. Staff is recommending
a partial variance. The average lot frontage in this subdivision is about two hundred and twenty
feet whi,:h means the cost of sidewalks would be about twenty-two hundred dollars per lot. That
is substantially in excess of what is normally spent on a per lot basis for sidewalks. We do agree
that it would be unreasonable, considering the size of the lots, to have sidewalks on both sides of
all of the streets. As you recall there is going to be an arterial street running through this
subdivision, Lakeview Blvd. That street is going to connect Hwy 380 to F. McKimey and our
Thoroughfare plan indicates that this will at some point in time connect I-35. At some point in time '
"r road will carry a lot of traffic. Staff is recommending that a sidewalk be constructed along one
side of Lakeview Blvd. The deve?opar will build one half of the street and at some later point in
time the city may choose to build the other half of the street with a sidewalk. This will offer a safe
• place for the residents to walk along a busy street. This will eventually be a four lane divided road.
It will not be as large as Carroll Blvd. There will be lots that front on Lakeview BIvu. and there • •
is a provision for the sidewalk to be built with each individual home. The developer will be
required to put up a fifteen percent escrow at the beginning.
The second variance concerns drainage design. Our ordinance requires that any drainage course
that is not associated with a floodnlain should either be piped underground or have a lined channel.
The developer is proposing to leave all of the drainage channels in a natural state and to dedicate
9.
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Agenda He. / Ql7
Agenda Item ~S
CRY COUNCIL REPORT Dale_ If bf 92
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TO: Mayor and Member- of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Consider an exaction variance of Section 34.124(e) concerning drainage
design standards. The subject property is in the Agricultural (A) zoning
district, consists of 735.892 acres, and is located between U.S. 380 and II(
McKinney Street, approximately 6,000 feet east of Mayhill Road.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (7-0).
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND;
See Planning and Zoning Commission Report.
PROGRAMS. DEPAS-rMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
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Please advise if I can provide additional lnformation.
Respectfully submitted;
Rick Svehla
Deputy City Manager
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Prepared by:
Walter E. Reeves, Jr., AICP
Urban Planner
Attachment #1: Planning and Zoning Commiss!on Report.
Attachment #2: Draft minutes of the April 23, 1997, P & Z meeting. f~
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 6, 1997
Subject: Variance to Section 34-124(e), concerning drainage design
standards
Recommendation
Planning and Zoning Commission recommends approval of a variance of Section 34-
124(e) for Rancho Del Lago (7.0).
Background
This request is for Rancho Del Lago, a proposed 369 lot development in the
Agricultural (A) zoning district, consisting of 735.892 acres, and is located between
U.S. 380 and McKinney Street, approximately 6,000 feet east of Mayhill Road. The
owner of the proposed development has applied for a variance to Section 34-124(e) of
the Code of Ordinances of the City of Denton. This section of the Code of Ordinances
requires that all drainage courses not associated with a floodplain be handled with
underground pipe or a lined channel.
The developers of Rancho Del Lago propose to keep channels in their natural state
and provide easements wide enough to contain the l Itimate development 100 year
storm.no sidewalks. They base the variance request on the amount of water coming
through their property from upstream properties and the relatively smaN increase in run
off created by their development. An exaction variance may be recommended to the
City Council if the following criteria is met.
Section 34.6(b) Criteria for veriences from development exactions. Where the commission
finds [hat the Imposition of any development exaction pursuant to these regulations exceeds
any reasonable benef4 to the property owner or is so excesslve as to oonsl0ute confiscation of
the tract to be platted, 4 may recommend approval of variances to waive such exactions, so as
to prevent such excess to the city council. Waiver of developmental exactions shall be
approved by the city council.
Staff recommended the variance as long as all drainage courses are left in their
natural state and easements wide enough to contain an ultimate developed 100 year
storm are dedicated based on the shape and course of the existing drainage courses.
Staff agreed that this development would cause a relatively small increase in drainage
run off especially compared with the amount of water generated upstream of the
development. In addition the large lot sizes and ample building pad sites will allow
sufficient room to keep homes away from potential flood areas. Finally, the
e construction of pipe sy3tems and channel lining would cost several hundred thousand O
dollars.
The Commission recommends approval of the variance to allow for natural,
undisturbed channels with the condition that easements as proposed by the staff are
3.
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dedicated, as thare is no reasonable connection to the required drainage design and
the needs of the development.
Enclosures
t. Preliminary plat.
2. Letter from applicant.
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ENCLOSURE2
REQUEST FOR VARIANCE
Rancho Del Lago Subdivision
City of Denton, Texas
Petitioner: Land Advisors, Inc.
Date: April 12, 1997
Article: 34-124 - Drainage
Description:
Petitioner requests a variance to the referenced article of the City of Denton Subdivision and
Land Development Regulations as follows:
To allow for existing drainage channels to remain in their natural state and to allow for
borrow ditches, culverts, and earthen channels to be used for site drainage in lieu of
concrete channels and closed conduit systems. In requesting this variance, petitioner
agrees to design and construct said ditches, channels, and culverts to carry the frequency
storms required by the Subdivision and Land Development Regulations.
Rationale:
I
The property is zoned Agricultural. The property is very long (13.1 miles) and narrow (ranging
from 1100 feet to 3700 feet). The subdivision is located adjacent to Lake Lewisville and,
subsequently, there are numerous natural channels and drainage ways traversing the site.
Collectively, these natural channels convey storm water runoff from approximately 7,440 acres
(11.63 square miles) of upstream properties to Lake Lewisville.
Petitioner believes that:
i) Granting of the variance will not be detrimental to the public safety, health or welfare or
be injurious to other property;
2) The conditions upon which this request are,,sought are unique to the proposed
subdivision and are not generally applicable to other property;
3) a) The construction of concrete channels to convey the runoff from up-stream
property owners would place anoundue financial hardship on Petitioner.
b) The City's approved estate roadway section allows for the use of borrow ditches.
c) The average street frontage per lot in the subdivision (219 feet) exceeds normal r
subdivision, and construction of enclosed conduit systems and/or concrete
channels for drainage would therefore place an undue financial hardship on
Petitioner.
4) The variance will not in any manner var ! the provisions of the Zoning Ordinance, Denton
0 Development Plan, Master Plan, or Studies; and
5) The conditions upon which this request is based did not result from or were not created
by the act or omission of the owner or any prior owner subsequent to the date of creation
of the requirement from which the variance is sought.
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PZ Minutes ATTACHMENT 2 AAFT
April 23, 1997
Page 12
VII. Rancho Del Lago. The subject property is in the Agricultural (A) zoning district, consists of
735.892 acres, Lnd is located between US 380 and McKinney Street, approximately 6,000 feet east
of Mayhill Road,
a. Consider a General Development Plan of Rancho Del Lago.
Mr. Reeves: Our subdivision regulations require that a General Development Plat be done when
apiece of property is subdivided into a smaller piece that doesn't include the entire acreage. In this
particular case the entire acreage is over 800 acres and Rancho Del Lago project is approximately
735 acres. The Development Review Committee recommends approval.
Mr. Cochran: I move approval of the General Development Plan for Rancho Del Lago.
Nis. Gamer. Second.
Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
b. Consider the following variances:
1. An exaction variance of Section 34.114(17) regarding sidewalks.
2. An exaction variance of Section 34-I24(e) regarding drainage design.
3. An exaction variance of Section 34-114(8)(c) regarding the maximum block length.
Mr. Salmon: The first variance is of our sidewalk requirements. The cited section requires
sidewalks be installed on both sides of all interior streets of the subdivision and along one side of
any perimeter streets. The developer is not proposing any sidewalks in the subdivision based on
the large size of the lots and the rural nature of the subdivision, which makes this an exaction
variance and you would be making a recommendation to the City Council. Staff is recommending
a partial variance. The average lot frontage in this subdivision is about two hundred and twenty
feet which means the cost of sidewalks would be about twenty-two hundred dollars per lot. That
is substantially in excess of what is normally spent on a per lot basis for sidewalks. We do agree
that it would be unreasonable, considering the size of the lots, to have sidewalks on both sides of
all of the streets. As you recall there is going to be an arterial street running through this
subdivision, Lakeview Blvd, That street is going to connect Hwy 380 to E. McKinney and our 1
Thoroughfare plan indicates that this will at some point in time connect 1-35. At some point in time i
this road will carry a lot of traffic. Staff is recommending that a sidewalk be constructed along one
side of Lakeview Blvd. The developer will build one half of the street and at some later point in
time the city may choose to build the other half of the street with a sidewalk. This will offer a safe
® place for the residents to walk along a busy street. This will eventually be a four lane divided road. 0
It will not be as large as Carroll Blvd. There will be lots that front on Lakeview Blvd. and there
is a provision for the sidewalk to be built with each individual home. The developer will be
required to put up a fifteen percent escrow at the beginning.
The second variance concerns drainage design. Our ordinance requires that any drainage course
that is not associated with a lloodplain should either be piped underground or have a lined channel.
The developer is proposing to leave all of the drainage channels in a natural state and to dedicate
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P&Z Minutes
r
April 23, 1997 UAL Page 13
a drainage easement large enough to handle a hundred year storm based on ultimate developed
conditions. They are requesting this because all of the lots are one acre or larger and they feel that
they will have adequate building pads to handle the drainage in this way and that the drainage will
be more suitable for the rural nature of the subdivision. Again this is an exaction variance where
you will be making a recommendation to the City Council. Staff is recommending this variance
as long as the appropriate easements are granted with the plat. We agree that this development,
because of the large lot sizes, will have a relatively small increase in drainage runoff.
hundreds of thousands of dollars on lined channels and pipes isn't warranted compared to the
increase in drainage runoff that they are going to create. We feel that the lots are large enough that
the channel should be able to remain in its natural state and not inhibit their build able areas and
not be a nuisance to the residents later.
The third variance concerns the block length. Our current ordinance requires that blocks be no
longer than of twelve hundred feet. In an SF-7 subdivision you could have twenty lots in a row
before you have across sleet, so for an entire block you are looking at forty lots. In tHi case the
developer is proposing a block length of up to twenty-five hundred feet. tie is basing this on the
large size of the lots and feels that they are not seating a need to have that many streets in their
subdivision. Block length is measured down the center of the block between the roads. Clydesdale
Drive goes all the way up to Mills or BIagg and I think that is one of the roads that exceeds our
block length and there are about twelve lots on both sides of the road. Staff feels pretty comfortable i
with a twenty-five hundred foot block length. Normally that requirement is based on emergency
access and being able to round the block if the street were ever closed off for any reason. Having
fewer people per block off sets having any problems that might be encountered. Staff is
recommending this variance,
Ms. Russell: Would the petitioner care to speak?
Mr. Rod Zielke: My name is Rod Zielke and I ant with Rusk Lichliter, Jameson Consulting
Engineers in Dallas. The one point that I would like to make is that the concept here Is for a rural
equestrian development. We are trying to leave this in as much of a natural state as we can.
Mr, Cochran: I move that we recommend a panW exaction variance to the City Council of Section
34-114(17) of the Code of Ordinances concerning sidewalks, and that sidewalks be installed on only
• one side of Lakeview Blvd.
Mr, Moreno: Second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (7-0)
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Mr. Cochran: I move that we reconvnertd to the City Council that an exaction variance be granted
for Rancho Del Lago, Section 34-124(e) of the Code of Ordinances concerning drainage design to
allow for natural undisturbed channels with the condition that easements as proposed by staff are
dedicated,
Mr. Jones: Second.
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Agenda 14d.
Agenda Itcm
!]ate
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Consider an exaction variance of Section 34-114(8)(c) conceming the
maximum block length. The subject property is in the Agricultural (A)
zoning district, consists of 735.892 acres, and is located between U.S.
380 and McKinney Street, approximately 6,000 feet east of Mayhill Road.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (7.0).
SUMMARY:
See Planning and Zoning Commission Report. f
BACKGROUND:
See Planning and Zoning Commission Report. I
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PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
f
Not applicable.
FISCAL IMPACT:
None.
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Please advise if i can provide additional information.
Respectfully submitted:
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Rick Svehla
Deputy City Manager
Prepared by:
C
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Walter E. Reeves, Jr., MP
Urban Planner
Attachment #1: Planning and Zoning Commission Report.
Attachment #2; Draft minutes of the April 23, 1997, P & Z meeting.
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ATTACHMENT 1 ?
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PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: May 6, 1997
Subject: Variance to Section 34-114(8)(c), concerning maximum
block length
Recommendation
Planning and Zoning Commission recommends approval of a variance of Section 34-
114(8)(b) for Rancho Del Lago (7-0).
Background
This request is for Rancho Del Lego, a proposed 369 lot development in the
Agricultural (A) zoning district, consisting of 735.892 acres, and is located between
U.S. 380 and McKinney Street, approximately 6,000 feet east of Mayhill Road. Tho
owner of the proposed development has applied for a variance to Section 34.114(8)(c)
of the Code of Ordinances of the City, Denton. This section of the Code of
Ordinances limits blcck length to 1,20* feet.
The developers of Rancho Del Lego propose block lengths of up to 2,500 feet. This
variance is a function of the type of subdivision proposed, lot sizes, and expen.e. An
exaction variance may be recommended to the City Council if the following criteria is
m et.
section 346(b) criteria for variances from development exactions. Where the commission
finds that the imposition of any development exaction pursuant to these regulations exceeds
any reasonable benefit to the property owner or Is so excessive as to constitute confiscation of
the tract to be platted, it may recommend approval of variances to waive such exactions, so as
to prevent such excess to the city council. Waiver of developmental exactions shall be
approved by the city council.
Staff recommended the variance based on the needs of the development. In a
standard single family subdivision where lots are 60 to 100 feet wide, a 1,200 foot
block length allows up to 20 lots per block before a cross street is required. In
® Rancho Del Lago, the average lot width is over 200 feet which means that in order to
meet the requirement, there would need to be a cross street every 5 or 6 lots. This r
would require an excessive number of cross streets considering the large number of
lots. The reasons for this requirement are access and safety related. Although the
appiicant's proposal requires a longer driving distance to round the block, any safety
concerns this may cause would be offset by the fact that there will be fewer people
• per block than what could occur in a standard subdivision.
j~ O +D
The Commission recommends approval of the variance to allow for a maximum block
length of 2,500 feet because there is no reasonable connection to the required
maximum block length and the needs of the development.
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Enclosures
1. Preliminary plat.
2. Letter from applicant.
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ENCLOSURE2
REQUEST FOR VAMAItiCE
Rancho Del Logo Subdivision
City of Denton, Texas
Petitioner: Land Advisors, Inc.
Date: April 12, 1997
Article: 34-1 I4.(8)c - Block Length
Descrip lion:
Petitioner requests a variance to the referenced article of the City of Denton Subdivision and
Land Development Regulations as follows:
To allow the maximum block length to exceed 1200 feet, Petitioner requests that the
maximum block length be increased to 2500 feet for the proposed subdivision.
Rationale:
The property is zoned Agricultural with a minimum lot width of 150 feet. With the required
maximum block length of 1200 feet, the maximum number of lots that could front on a street
before constructing a side street would be 8 (1200 feet divided by 150 feet). With the requested
variance, the maximum number of lots that could front on a street before constructing a side
street would be 16.
Petitioner believes that:
1) Granting of the variance will not be detrimental to the public safety, health or welfare or
be injurious to other property;
2) The conditions upon which this request are sought are unique to the proposed
subdivision and are not generally applicable to other property;
3) The subdivision as proposed includes approximately 8.7 miles of roadways. In order to
p provide a maximum block length of 1200 feet, an additional 1.5 miles e f roadways (and
associated utilities and drainage features) would be required. This amount is
approximately 20°ia of the proposed total. Strict adherence to Article 34-114.(8)c would
create a financial hardship on the Petitioner as it would increase development costs by
approximately 18°io to 20%. Similarly, the City's maintenance costs for the additional
roads and utilities can be expected to increase 20%;
• 4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Dcnt-In
Development Plan, Master Plan, or Studies; and i O O
5) The conditions upon which this request is based did not result from or were not created
by the act or omission of the owner or any prior owner subsequent to the date of creation
of the requirement from which the variance is sought.
8.
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P&Z Minutes A f Z►t4~ ~ T
April 23, 1997 ATTACHMENT 2
Page 12
VII. Rancho Del Lago. The subject property is in the Agricultural (A) zoning district, consists of
735.892 acres, and is located between US 380 and McKinney Street, approximately 6,000 feet east
of Mayhill Road.
a. Consider a General Development Plan of Rancho Del Lago.
Mr. Reeves: Our subdivision regulations require that a General Development Plat be done when
a piece of property is subdivided into a smaller piece that doesn't include the entire acreage. In this
particular case the entire acreage is over 800 acres and Rancho Del Lago project is approximately
735 acres. The Development Review Committee recommends approval.
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Mr. Cochran: I move approval of the General Development Plan for Rancho Del Lago.
Ms, Ganzer: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Oppased same sign.
Approved. (7-0)
b. Consider the following variances:
1. An exaction variance of Section 34-114(17) regarding sidewalks. D
2. An exaction variance of Section 34-124(e) regarding drainage design.
3. An exaction variance of Section 34-114(8)(c) regarding the maximum block length.
Air. Salmon: The first variance is of our sidewalk requirements, The cited section requires
sidewalks be installed on both sides of all interior streets of the subdivision and along one side of
any perimeter streets. The developer is not proposing any sidewalks in the subdivision based on
the large size of the lots and the rural nature of the subdivision, which makes this an exaction
variance and you would be making a recommendation to the City Council. Staff is recommending
a partial variance. The average lot frontage in this subdivision is about two hundred and twenty
feet which means the cost of sidewalks would be about twenty-two hundred dollars per lot. That
is substantially in excess of what is normally spent on a per lot basis for sidewalks. We do agree
that it would be unreasonable, considering the size of the lots, to have sidewalks on both sides of
all of the streets. As you recall there is going to be an arterial street running through this
subdivision, Lakeview Blvd, That street is going to connect Hwy 380 to E. McKinney and our
Thoroughfare plan indicates that this will at some point in time connect 1.35. At some point in time
this road will carry a lot of traffic, Staff is recommending that a sidewalk be constructed along one
side of Lakeview Blvd. The developer will build one half of the street and at some later point in
time the city may choose to build the other half of the street with a sidewalk. This will offer a safe
o place for the residents to walk along a busy street. This will eventually be a four lane divided road.
It will not be as large as Carroll Blvd. There will be lots that front on Lakeview Blvd. and there 0 O
is a provision for the sidewalk to be built with each individual home. The developer will be
required to put up a fifteen percent escrow at the beginning.
The second variance concerns drainage design, Our ordinance requires that any drainage course
that is not associated with a floodplain should either be piped underground or have a lined channel.
The developer is proposing to leave all of the drainage channels in a natural state and to dedicate
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P&Z Minutes DRAFT
997 i
April 23, 1
Page 13
a drainage easement large enough to handle a hundred year storm based on ultimate developed
conditions. They are regjesting this because all of the lots are one acre or larger and they feel that
they will have adequate building pads to handle the drainage in this way and that the drainage will
be more suitable for the rural nature of the subdivision. Again this is an exaction variance where
you will be making a recommendation to tha City Council. Staff is recommending this variance
as long as the appropria•e easements are granted with the plat. We agree that this development,
because of the large lot sizes, will have a relatively small increase in drainage runoff. Spending
h-indreds of thousands of dollars on lined channels and pipes isn't warranted compared to the
increase in drainage runoff that they are going to create. We feel that the lots are large enough tha:
the channel should be able to remain in its natural state and not inhibit their build able areas and
not be a nuisance to the residents later.
The third variance concerns the block length. Our current ordinance requires that blocks be no
longer than of twelve hundred feet. In an SF-7 subdivision you could have twenty lots in a row
before you have a cross street, so for an entire block you are looking at forty lots. In this case the
developer is proposing a block length of up to twenty-five hundred feet, He is basing this on the
large size of the lots and feels that they are not creating a need to have that many streets in their
subdivision. Block length is measured down the center of the block between the roads. Clydesdale
Drive goes all the way up to Mills or Blagg and I think that is one of the roads that exceeds our
block length and there are about twelve lots on both sides of the road. Staff feels pretty comfortable
-five hundred foot block length. Normally that requirement is based on emergency
with atwenty
access and being able to round the block if the street were ever closed off for any reason. Having
fewer people per block off sets having any problems that might be encountered. Staff is
I recommending this variance.
Ms. Russell: Would the petitioner care to speakI
Mr. Rod Zielke: My name is Rod Zielke and I am with Rusk Lichliter, Jameson Consulting
Engineers in Dallas. The one point that I would like to make is that the concept here is for a rural
equestrian development. We are trying to leave this in as much of a natural state as we can.
Mr. Cochran: I move that we recommend a partial exaction variance to the City Council of Section
34-114(17) of the Code of Ordinances concerning sidewalks, and that sidewalks be installed on only
e one side of Lakeview Blvd.
Mr. Moreno: Second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (7-0)
• Mr. Cochran: 1 move that we recommend to the City Council that an exaction variance be granted i • •
for Rancho 'kl Lago, Section ~d. 124(e) of the Code of Ordinances concerning drainage design to
allow for natural undisturbed chancels with the condition that easements as proposed by staff are
dedicated.
Mr. Jones: Second.
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P&Z Minutes
April 23, 1997 151 LLLS !ll~~~
Page 14
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
Mr. Powell: 1 move that a variance of Section 34-114(8)(c) of the Code of Ordinances concerning
block length be recommended to the City Council due to the large lot size proposed for Rancho Del
Lago subdivision.
Ms. Schertz: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
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Apende Ne._„_q1n~7 q7 !
Agenda tte
Date
7
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
la\v 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
WINEREAS, 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 )UMOUNT
2025 ALL STICKER STATION EXHIBIT A
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 sums contained in the Bid Invitations. Bid
Proposals, and related documents.
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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. • +D
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTFRS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
SLPPLY.ORD
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EXHIBIT A
BID q :025
BID NAME Automotive Preventive Maintenance STICKER
STATION
OPEN DATE !March 25, 1997
i
H QTY DESCRIPTION VENDOR
_
IA ea.ssc. Passe n Se r Ca rs 535.00
IB ea. svc. 1/2 & 314 Ton Pickups 535.00
IC ea. svc. Vans 535.00
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DATE: MAY 6, 1997
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Kathy DUBose, Executive Director of Finance
SUBJECT: BID 102025 " PREVENTIVE AUTOMOTIVE MAINTENANCE
RECOMi11ENDATION: We recommend this bid be awarded to the single respondent, Sticker
Station, as listed:
1. Passenger Cars 335.00 each
2. 1/2-3/4 Ton Pickups $35.00 each
3. Vans $35.00 each
The estimated annual expenditure is $22,000.00.
SUDIDLiRY. This bid is for the preventive maintenance program for the three categories of
vehicles listed. Service includes lubrication, oil and filter change, top off all fluids, check battery,
and replace air and fuel filters. Each vehicle is scheduled for this service every 90 days. Vehicles
not listed on this contract are scniced at the City of Denton Fleet Services facility.
Bid requests were mailed to fourteen (14) qualified local vendors. Sticker Station has perforated this
service for the past year.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Fleet Services Division and
operators of these three classes of vehicles.
FISCAL LIIPACT. Service charges Ail[ be paid from Fleet Services Sublet Service Account and
re-charged to the effected division vehicle maintenance account.
Respectfully submitted:
7j~6 14 -Lh~S 1
Kash}
Executive Director of Finance
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• roved; - •
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
961.AGENDA
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AQends No.11
Agenda Ile
ORDINANCE NO. Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance Hith 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
2030 ALL WESCO $37,928.00
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations. Bid
Proposals, and related documents,
•
SECTION III, That should the City and persons submitting approved and accepted items and
of the submitted bids ssish 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 HTitten
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. 11 O
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SECTION IV. Tha
N 1V t 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 %vith the approved bids or pursuant to a %witten 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 1991.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SuPPLY.Oan
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DATE: MAY 6, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID k2030 2500 KVA TRANSFOR.\IERS
RECO.NMENDATION: We recommend this bid be awarded to the lowest evaluated bidder-
Wesco, in the total amount of $37,928.00.
SU.NMIARY: This bid is for the purchase of two 2500 KVA transformers, One will be sold to the
University of North Texas and the other will be for maintenance stock. The bids were evaluated
using the load loss factor to determine t,'te lease expensive transformer to use over its expected life.
Notices to bid were mailed to twenty-one vendors. Bid proposals were received from nine.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution. Electric
Utilities Department, electric customers of the City of Denton.
FISCAL MPACT: Budgeted funds for transformer purchases, account number 6I0-I03-I031-
1110-9122.
Attachments: Tabulation Sheet
Memorandum/Evaluation from Don McLaughlin. Electric Engineering Department
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Respectfully submitted:
Ka Du se
Executive Director of Finance
Prepared by:
-14
Name: Denise He 01
Title: Senior Buyer
Approved
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
5E4.A ENTA
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full k 211.10
S,Sf T/ \.M1N.N 11.111'1 1. ' 1'Nl.Ii RR,D NP.SI'O 17,fII1,L\1: I'Nt1.SIIN G1. J(BS
B1UA\SIL 21011 III JOIN I HIIII' 110% MITI kI I,S S\I.IS s11'1,1.% NI 1'111.1 ELECT.
IN.\NS211N\ILN ~ i
111',5 H.\TF 1.1AR(TI 17, 1997 J~
0 QTt DESC'RIPIION. VENDOR ! VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR \'ENIR)R 1I NIM)H
nck rxk CHI { uA rack ncl euk nck Cecil
1. IEA TR:\NSFOR\IFR. 2100 KVA, +
27712MI 1 OI.T, 2 PHAS,,
1 RADIAI. FEED,PADMOUN, S26.A00.001 321,970.00 324601.110 $20,212.00. 316,964.D0 $17,660,001 320,470.00; 516,9,S0.fq, 120.19200
' I III
NIA%%FAC'ItRER SESC'O VANTR\N GE PAt'N E2S ABB HOWARD Monk ~ PIONEER COOPER
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DEL2VEN1' A.R.O. 1 12-14 NFE KR 77 UM 119 DAIS 70-94 DM 19.11 WkEK3 14.wATu 3 16-16NEFm i 60 D.1 T5 16 WEEKS
HISS FILL RF_S:
NI. i1VA f". SJ 3fNgl 2740 2171 2199 2726 24711 2UA 2'611) $226
I i
Nl,(N.A1"1.S) 19,SOfl' 1710 119201 1191121 1016, 17124+ 14411 211011 14461
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i• ~ ++•'9 1 vl. .N r ~V d IVTw jC ~Bl1~56 , S6r114x 811)/6x. c 4krrc•,tiwt r g+rt si:: .
x~, t`n47 ♦ 3✓ "c r + va 'Z 6l5^ .{,s*yrpJ4 HytL i ry
F ntor £ 2
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ri neer'Yn fil 012
bs.
Sub ec#: aQuotetion Arti b x2030. , ,
Locations f
The 2500 KVA 2771480 volt padmounted transformers are for the following:
I
Replace transformer sold to UNT
Increase the operation and maintenance level to two
Total Cost
The total cost of the bid is $37928.
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Sincerely.
Donald L, hlcLayghlin r
Attachments:
1. Exhibit 1. Loss l Cost Evaluation
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Bid Evaluation
Did Number 2030
Description 99900027 TRI NXS., 3PN UG 2500KVA 2771430
Quantity 2 Load Factor 0.38
Vendor Offg. NL WL Cost Delivery Evaluated Corr
WESCO / ASS 2728 14356 518,964.00 77 5132,281,41
TeoNinn / Howard 2471 17 IN $17,680.00 112 $134,564.10
Preferred Safes / Pauwals 2199 15982 $20.212.00 84 5137,24010
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Temple / GE 2175 15920 520,805.00 119 5136,646.27 r
Pnester Supply / Cooper 3336 14481 $20,470,00 126 $142,630.31
KSS / Cooper 3336 14481 $20,892,00 126 $1x4 259.67
General EIKIHC / Picreer 2900 21100 $16,950.00 64 $146,259.78
Van Tran / Van Tran 3740 17100 $23,970.70 77 S168,32112
SESCO / SESCO 3000 19500 $26,500.00 96 $178,306.12
-n.1'_.•i:~'..vii-aa...a..ab.w.:<cf ¢.,..GiF.L;.~3.: L..F )S..+in... ~aar:3'is•
Wedarsdar. Apnt 16, 1997 Pate I ojl
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Agenda Na.
Agenda Item
ORDINANCE NO. Date
AN ORDINANCE ACCEPTING COMIJETITIVE 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.
WEIEREAS, 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 senices 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:
I
SECTION I. That the numbered items in the following numbered bids for materials,
equipment. supplies, or smiecs, 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
2038 ALL McANEAR EQUIPMENT COMPANY S :6,437.50
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted , 'ds, the City accepts the offer of the persons submitting the bids for such items and
agrees to irchase the materials, equipment, supplies or services in accordance with the terms,
specifica, ns. standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION Ill. 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 terns, conditions, specifications. standards, quantities and
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. p
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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 % ith the approved bids or pursuant to a v ritten 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.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: i
APPROVED AS TO LEGAL FORT :
HERBERT L. PROUTY, CITY ATTORNEY
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BY: 1
SL'PPLY.ORD i
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DATE: MAY 6, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID (#2035 SELF-PROPELLED ROAD SWEEPER
RECWNIN1ENDATION: We recommend this bid be awarded to the lowest bidder, Ho++ard
NIcAnear Equipment Company, in the amount of $26,437.50,aith delivery in 30-45 days.
SUIIAIARY: This bid is for the purchase of a self-propelled road swe:per. The unit is propeIIed
by a 76 horsepower diesel engine, utilizes an eight (9) foot broom, and is equipped %,61-h an air
conditioned fully enclosed cab with lights for highway operations and water tank for dust control.
This unit .%ill be assigned to the Street Maintenance Division. It %+as approved for a fleet addition r
in the 1996.97 budget process as a replacement for a chip spreader sold at auction.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street Maintenance Division,
Motor Pool Operations.
FISCAL fl1iPACT: The purchase of this unit +rill be funded from Motor Pool Replacement
Funds. account number 720-025-0564-9104.
Attachments: Tabulation Sheet
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Respectfully submitted:
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Kath} Z
:of
Executive Director of Financc
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
662.ACEYDA
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BID k 2036
BID NAME SELF-PROPELLED ROAD AIS H01V.ARD
S%%EEPER CONTINENTAL )ICANEAR
OPEN DATE MARCH S. 1991 EQPT
8 QTV DESCRIPTION VENDOR VENDOR VENDOR VENDOR
1. l SELF-PROPELLED ROAD SWEEPER $29.995.0 S26.437 -M
MAKE MAXI SHEEP BROCE BROOM
MODEL 6600 RJ300
RC300
DELIVERY: 60-75 DAPS 30,45 DAYS
NO BID RESPONSES
HERTZ EQPT
FUTURE EQPT
Zi%IUERFR KUBOTA
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Agenda t4c `
Agenda Item
Date -
ORDINANCE ORDINANCE NO.
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive sealed proposals 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 proposals are the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted therefor, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or sett ices approved and accepted
herein: NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION 1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and
approved as being the best responsible proposal for such items:
RFSP ITEM
NUMBER NO. VENDOR AMOUNT
2008 ALL ESCOaI SOFTWARE SERVCIES LTD. S 26,859.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
40 specifications, standards, quantities and for the specified sums contained in the Invitations,
Proposals, and related d,)cuments.
SECTION 111, That should the City and persons submitting approved and accepted items and
of the submitted proposals wish to enter into a format written agreement as a result of the
acceptance, approval, and awarding of the proposal, the City Manager or his designated
4 representative is hereby authorized to execute the written contract which shall be attached hereto; O
protiidcd that tt-,e written contract is in accordance with the terms, conditions, specifications.
standards, quantities and specified sums contained in the Proposal and related documents herein
approved and accepted.
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SECTION 1V. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved proposal or pursuant to a %ATitten contract made
pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and f
approval.
PASSED AND APPROVED this day of .1997.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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DATE: MAY 6, 1997
CITY COUNCIL. REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: RFSP q 2008 AUTOMATED RECREATION MANAGEMENT SYSTEM
RECOALINIENDATION: '1'e recommend this request for proposal be awarded to Escom Software {
Services Ltd., in the amount of $26,859.00 for the services listed.
SU.,NIDIARY: This proposal is to supply the Parks and Recreation Department with a software
driven automated recreation management system. The system includes installation, hardware,
software, programs registration, information management, facility booking, administrative reports.
and security.
Also included are subsidiary financial ledger, monthly billing, tracking payments to instructors,
summary reports of cash transactions, desktop publishing, and extensive security systems.
This system will serve five (5) remote locations with the previous listed services.
Responses to our RFSP 02008 were received from Escom Software Services Ltd., SportsLog, Sports
and Recreation Software, and Vermont Systems, Inc.
The Information Services Advisory Board and Parks and Recreation Board recommend approval
PROGRAMS, DEPARTilIENTS OR GROUPS AFFECTED: Parks and Recreation
Department and participants in Parks and Recreation activities.
FISCAL IMPACT: Funds for this program implementation are available in the 1996-97 budget
account number 261-031-0062-11001.9101.
Attachments: Information Services Advisory Board Minutes
Respectfully submitted:
M. ~~St
Kathy ~I
Executive Director of Finance
' Approved:
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Name: Tom D. Shaw. C.P.M.
Title: Purchasing Agent
Sf6 AGENDA
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04/23/67 10:55 all? 568 6517 Cttr of Damon ~DDD ~ODI/DDI
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MINUTES OF
INFORMATION SERVICES ADVISORY BOARD
MEETING OF APRIL 17, 1971
The Information Servim Advisory Boud meetlag was held on 7busday, April 17, 1997, at
6:oo p•m., It the Peas: Department Confem of Room.
hMgKBSRS PRESENT: Don Edwards, Liu Greer., Vkkl MoCombs, Warren Searle, sad
Maureen Sariagcr
MEMBERS ABSENT: Renee Seely and Lcpe Tovar
OTHERS PRESENT: Gary Collins b m the City staff, Jam Simpson and Rkky Petty
from the Parker end Racmdon Deparmlem
Warren Searle made the motion to approve the mimta of ft Marro 6. 1997, Information
Suvka Advisory Board mating. Vicki McCombs mcceded the motion, aa'1 U pauod
tmaoimotuly.
Gary tavoduced Janet Simpson and Ricky Petry from the Parks and Recreation Department to
diecuse miklog a recommendation to the Council for the purchase of an Automated Recreation
Management Sya= (RFSP 12008).
liner presented the barkpvuad of why the Puts mad Rareatim rx7emneat s eating a
computerized registration system. Janet explained that at the present, if you want t . register for
a class you have to register at the Mvidtal facility. With the purchase of an auWmxtr-J * mar,
you wlll be able to register for any clan at any of the fin facEdes. Janet stared that the
proposed is for so$wvr. Ia6taWtioo. treW4 and ogolag mslatemace only. The City of '
Denton is pm Lding PC workstatiore, a server, fiber optic and modem cauoectioae. The
software will pmtide clan regiscratiM facility booting, fhxmW and wtistical report, cash
eeooac8iation, demographic and market aaatyris, sad des" publlahing. ,
Janet Stated that out or eve vendan only three responded and they were Facom Software
Scryka Ltd., Sports Log, and Vermont Systems Irc. Out of these three tendon, Pecan
Software climbed to the top. P.acom hu a very sophisticated program, ova 200 clients witb a
excellent reputation, t 12 womb money back guarantee and a life time guarseritoe.
After introducing this laformatioo sad' dlswning It whh the members of the Information
Servkn Board, Vicld McCombs made the motion torecon mood tbt the City Corscil approve
the pturrhase of the Automated Recreation Macegement System (RFSP 12008). Warren Searle
seconded the modom and it Pawed uninimmily.
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Infortruloa Service Advisory Board Minutes
April 17, 1997
Page 2
• Gary then sated that there was not a need to diuun the Information Servita AamW Report, y
that It was distributed only for the members tnfomudon. • •
A brief dis us3loo was fsld reganlins the rxxt item on dw agenda which wws the acquisition of
the PC's. Guy rated that it had gone througb the Public Utility Boan1 and received appmval,
then gone on to City Council and bad been approved. Gary reported that m purchase order has
beta Issued and mailed, and that we sbould gel i report from NTCS n:at Wedoeeday• Gary said they had gm to NTCS for t demo 00 Wednesday, April 13, and u may be possible to
have a
demo for the next Information Seniors Board meeting.
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Agenda Ite
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AIVARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE. OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City, ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein:
NOW. THEREFORE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works c,r
improvements, as described in the "Bid Imitations", "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
2043 H & 3 CONSTRUCTION S78,200.00
SECTION. IL That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specifi.d in the Notice to Bidders including the timely execution of a wTitten
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
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SECTION 111. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms.
conditions. plans and specifications, standards. quantities Znd specified sums contained therein.
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SECTION IV. 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 Cotutcil
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval J
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PASSED AND APPROVED this the day of ,1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
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DATE: MAY 6, 1997
CITY COUNCIL REPORT f
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID 4 2043 - FRED MOORE PARK ACTIVITY STAGE
t
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, H & J f
Construction, in the amount of $78,200.00 with compLtion in 40 calendar days from notice to
proceed.
S11'41AlARY: This bid is for the materials and labor to famish and install an octagon shaped
activity stage and canopy. The stage will be 44 feet from post to post and the canopy will measure
48 feet from cave to cave. The area under roof will be 1,629 square feet. This is an all steel welded
pre-fabricated structure over a concrete stage with hand rails and lighting.
The site location is near the corner of Wilson and Bradshaw in the Fred Moore Park.
PROGRAhIS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department Activities and j
Citizens utilizing Fred Moore Park.
FISCAL 131PACT: Funds for this park improvement will be taken from CDBG funds account
number 219-05C-CDCF-8502 ($44,425) and Park Improvement funds account number 453.038-
PARK-9629-9009 ($33,775).
Attachments: Tabulation Sheet
Respectfully submitted:
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at ose
Executive Director of Finance
Approved: E
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
969.AGEN➢A
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BID p 2017 -
BID NAME Fred Moore Park Acti+ity Stage MART INTREPID N & 7
INC CONTR\CTORi CONSTRUCTION
OPEN DATE April 24, 1997
QTY _ DESCRIPTION VENDOR VENDOR _ VENDOR
BASE BID: S9S,997,00 5116.811.12 S78,200.00
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Agenda No ~1!
AQeRdaIte
_
ORDINANCE NO. Data
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING= FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE Iaw
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2046 INTREPID CONTRACTORS, INC. $135,057.00
SECTION If. That the acceptance and approval of the above competitive bit's shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with "
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and inswarwe certificate after
notification of the award of the bid.
SEC11ON W. That the City Manager is hereby authori: ed to execute all necessary written
• contracts for .be performawe of the construction of the public works or improvements in aoootdance
with the bids accepted and approved hcrch provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and spocifications, standards, quantides and specified sums eoptahwd therein.
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SECTION IV. That upon acceptance and approval of the above competitive bids and the
exocution of contracts for the public works and Improvements as authorized herein, the City Counci I
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed p-muant thereto.
SECJIOAI V. That this ordinance shall became effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,1997.
JACK MILLER, MAYOR
i
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY:
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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DATE: MAY 6, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FkO?.I: Kathy DuBose, Executive Director of Finance
SUBJECT; BID 02046 FRED MOORE PARK AND MWENNA PARK SITE
IMPROVEMENTS
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder,
Intrepid Contractors, Inc., in the amount of $135,057.00 with complrtiun in 103 days from notice
to proceed.
SUMMARY: This project is part of the master plan redevelopment for Fred Moore Park and
McKenna Park. The pmiect consist of installation of owner furnished play structures, furnish and
install concrete walk/retainer, play surface, concrete urat pavers, concrete unit retaining walls,
handrail, concrete walk, dem,)lition of existing walks and play structure at r" Moore mul
miscellaneous site improvements. This is item number 1 thru 10, 12 tuu 14 and 6001in. ft. of
wide concrete walk at an unit price of $15.25 per tin. ft.
The alternate for the Anchor Vertica beveled split face wall has been rejected. The acccVed
tetaining wall is included in the above bid price, t
PROGRAMS, DEPARTMENTS OR CROUPS AFFEL"LED. Parks and Recreation r
Department and participants utilizing the Fred Moore Park and McKenna Park sites.
FISCAL IMPACT: Funds for these park site improvements are available in account number 453-
039-PARK-9629-9007 Capital Impmvements Park Program
Attachments: Tab Sheet
Respectfully submitted:
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Ka ose
Executive Director of Finance
Approved: ~
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i Name: Tom D. Shaw, C.P.M.
Tit1a Purchasing Agent
• 010 M,ENDA • f
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`20M
1810 NAME FREO MOORE PARK AND McXJNNA RANDALL3 INTREPID P!T'TMAN
PARK SITE IMMOVE MENTS BLAKE CONTRACTORS CONSTRUCTION
OPEN DATE APRB. 29, 1919 INC. Pot Inc
r QUANTITY - DESCRYPTKIN ---VENDOR -VENDOR VENDOR
I LOT ~MAlt MD 10NIg7A0 I, Tt•.N~AO~ 11NJf0.p
1 ~twtucip~rootq 1Te,ma n,M.9.eo~ 111,M09.Oo
2 OOWAM -WJ trMa.N ►it NO.N
M YALLPjTiT1R1CTUlER~M001Ma f1~psA~ _ JO 111.101.00
4 JL PLA7 RMKTurgpsd{Nrdi) W,ipAt NO.MMN It1AM0iM
PLAY MIIMPAOMeIPIMMD10001~ pM,MT.N _-_11T,OMN $Z"Ae1
9 PLAY IIA~ACi IMkOf/1/1 oitm.N 1/LN0.00 t17.tN.00
7 PARKMUICN P~Aoofa) $Woo 11000.00 MI lM.oo
1 _ PAWWCHpkM*W laaeM 11A0e.MM 11AN.0M
0 --v _!PM OMA OLD PLAY STWJOLw[_PW ST"m `11.N010 wrr
10 Ilf qMoLOCOOIdlfrN WALK j/ND swu IMMOM tOJNN
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♦
Agenda No
ORDINANCE NO. Agenda `xg~
Date _.:l
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS. EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAN EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING FOR AN EFFECTIVE DATE.
1VIIEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding $15.000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
health or safety of the citizens of the city, or in case of unforeseen damage to public property.
machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the follo% ing eme.gency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve
the property of the city, or to protect the public health of the citizens of the city, or to provide for
unforeseen damage to public property, machinery or equipment. and by reason thereof, the follo,6ing
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
7,1512 ANTS PUMP R SUPPLY CONIPANY 522,311,00
♦ SECTION 11. That because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described to the i
attached Purchase Orders and to make payment therefore in the amounts therein stated. such
emergency purchases being in accordance %tith the provisions of state law exempting such purchases
by the City from the requiremews of competitive bids.
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SECTION 111. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of 1997.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I
BY;
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i _ ....nr.~ e. CF Jv:vJ, Lh4.r«•,1y!w+G YVUwRrv4uba a,
DATE: MAY 6, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PURCHASE ORDER # 74512 AIMS PUA1P & SUPPLY COMPANY
RECOAIMENDATION: We recommend Purchase Order # 74512 to AMS Pump & Supply
Company be approved in the amount of $22,311.00.
SU1101ARY: 'ibis purchase order is for emergency repairs to the Lewisville Lake raw water pump
station unit # L
i
Price quotations were solicited from the areas' three qualified firms and AMS Pump was the lowest
price with the best estimated completion date.
A previous emergency purchase order #73327 was issued to AMS Pump to fabricate a new pump bowl
assembly. This purchase -rder #74512 is for labor and materials to pull the old pump unit, replace the
column shafts, oil tubes and bearings, and install the new bowl assembly.
Due to the heavy dependency upon pump unit #1 to supply critical raw water to the Water Production
facility and the rapidly approaching high water usage period coupled with long lead times for repair
parts, this acquisition has been declared an emergency and exempt from the bid process (chapter 252
Texas Local Government Code),
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Water
Treaunent Division
'h
FISCAL IRIPACT: Funds for the repair of raw water pump #I will come from 1996-97 budget
funds for Maintenance of Plant and Equipment Account Number 620-081.0460-8339.
Attachments: Purchase Order 74512
Quotation from AMS Pump & Supply Company
Memorandum from Tim Fisher, Water Production Manager
• Respectfully submitted:
tt~oSL
401
atExecutive Director of Finance
App o%ed:
\O "d • •
r _
\amc: 1'om D. Shaw. C.A.M. j
Tide: Purchasing Agent
96`,A3S."IrA
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All
•
P uIx,ll^ac UIWrIS ores: r', ~i A• IIIIJ [J A NXX
Ih4 nlrnbol Inual apper till all CONTIRMi1J6 ORDER
ilivolces, donvary sbps, cases. (IF MARKED)
tiro„ boxes, pKLing slips and bins. . DO NOT DUPLICATE: -
Raq No: Bid Na Date: 04 23 97 Page No 01
PURCHASING DIVISION 1901 8 DENTON{ TDEE TON. TEXAS 76201-4354 TEXAS STREE 8 1 71383-7tDO D.TFW METRO 8171287-0042 FAX 8171383-7302
ENDOR AMS PUMP 6 SUPPLY CO
AME/ 8949 DIPLOMACY ROW DELIVERY CONFIRMATION ONLY C06
DDRESS ADDRESS WATER PRODUCTION PLANT
DALLAS TX 15247 1701-B SPENCER RD
DENTON, TX 76205 e
BILL KING
VENDOR NO. ANS49650 DELIVERY QUOTED D6 17 97 FOB DESTINATION BUYER TS TERMS
Lot I 747 RI! r ti, r r,7 a I j ffA4pUNT
301 1.00 LS VENDOR CAT. I N / A MFG NAME 22,311.000 22,311.00
CITY 193662
LABOR AND MATERIALS TO REPAIR AND MODIFY RAW WATER PUMP 11
AS PER PRICE QUOTATION DATED 03-27-97
•
P GE TOTAL t 22,311.00
OR MD TOTAL s 22,311.00
• )1 620 081 0460 L1339 22,311.00 •
I
y00R INS1RXiN)4S 1 I terms Net 30 IL I- -4w-l v«A.u
Send oviginll Invoke with *01ale Copy,) 4. Shipping instructions F,UP Desimalion kepaid s.+.TT -a«.:« M«,..,I
Bit) Is • Accounts Payable 5 No Iii air sole sales t.s OA be included T
115 E. McKliy bt in prices billed urc R viskon
Ot'nw%„TX 79201.42119.......) PUFICIIASING {
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AMS Pump & Supply Co.
March 23,
CityofDaomm
Wear Prodoccim
1701 B Spence Road
Denim, Tuns 76105
At,e dm- rim Hihar
90*M Repait and M04WCWM of Raw Wta Pump 01
PmTAu to yta¢ megot•t AMS Pm p is pkmod to oft che Mowing Qaoradm nu yaw rA1tOdmdm
Qoctattm is ?invited to Jabot and mst,dial li,ted,
LABOR AND MATJOt1AL JIYCLUDED IS AS FOLLOWS TO REYAm AND mODWy RAW
WATER PUMP M
• REMOVAL OF DOS'TMG PUMP LING' 0
• JDDSmO COI.1,W SANDSLASTFrTy AND COATED (APPROVED FOR POTABLE WATXNy
• NEW 17116.416 S.S. LINE SIIAFI' 56 FT. X 3 FT. SWFMS
• NEW 3 l/1" 3CHZD=2 90 OIL TUBS 56 Fr. X 5 Ff. SWnON3
• NEW 17116" 416 S.9. TOP SFAF1'
• NEW 2 7116" 416 315. Lumm n Comm
• NEW BRM= LDIS SHAFT BEARINGS ® 6 Ff. C NTER9
• ONE (1) NEW 'POP nU N[TI' ASSEMBLY WITH MARING
• TWO (Z) NEW TUBE STABII.12EItS
• TWELVE (12) COLUMN GASKETS
• NEW COi.UN DOLTINO WITIINUiS
• NEW DISCHARGE FLANGE BOLTING
• NEW COLUWR TO BOWL AND COLUMN TO READ BOLTING
• ADA nXGNEWCUM-WERFUPIvISMBOWLASSMBLYTOEXM71N000LL%dN.
• IN STALLAT1m OF m%& uNn WITH PARTS METED.
• STAATJJP
YOUR COST $22,311.2
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8949 Oiolornacy Row • Was, Texts 76247
P. O. Sox 560403 d Dallas, Texm 753560403
(224) 630 4141 • FAX (214) 906t,%3 • 8005354796
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ESM?.%= COMPE.87TON TO AFM. NOTICE TO PRO® 67 V=
OOMMMON TINE IId1Z. n= LEAD 'MM FOR DMJMY OF NSW PARTS
Ta®s as ]O days ta'a u pod lta 60 days It= loos of qmW- E9w M=MY la 90 days. No
diswm an aooI*&
Wo 6s* yo I& tea appawdty to oft this gantadm Comsat"offiw W&)w 9wojm a
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CITY 0FDENT0N,TEx4S H'artrProdYCnon7iv,ton/l;o!-asyrnc.rRe/Lknron, rau,'e7osa el-•)at•7so!/Faza17•tata~06
M E M O R A N D U M
TOt Tom Shaw
Purchasing Agent
FROM: Tim Fisher
Water Production Manager
DATES April 22, 1997
SUBJECT I REQUEST-FOR EMERGENCY PUFiCHASR-ORDERTD
AMS_2U XP An!D Q1?P?1ySO. FQg REPAIRS TO
RAW wATEg_pUMp-lLirl~iiE~iQUNT OF l22,311~4d~
Denton's water supply system is dependent upon the functional
operation of the pumping equipment at the Lake Lewisville raw
water pump station. This facility has four large vertical
turbine pumps which must all be in operating condition to satisfy
peak summer water demands. Due to the unplanned mechanical
failure of Pump 11 and the long lead time for a new pump bowl
assembly to be fabricated, an emergency purchase request was
issued to AMS Pump (PO 173327 in the amount of $15,637.00) to
obtain the needed pump equipment in a timely manner. The current
request for an emergency purchase order is for the labor and
materials to pull the old pump unit, replace the column shafts,
oil tube, bearings, and install the new bowl assembly. Price
proposals were solicited from three qualified venders which the
City has had prior work experience with for pump repair work.
The proposals have been evaluated and I would recommend that the
purchase order be issued to AMS Pump and Supply as the lowest
priced proposal for the equivalent scope of work. The summary of
the proposals are listed below:
•
FIRM PRICE
AMS Pump s, Supply Co., Dallas, Tx. $22,311.00
Layne - Texas, Tyler, Tx. ;23,284.00+
Smith Pump Co., W&co, Tx. ;23,485.00
• *Lane - Texas provided an alternative lower price proposal for O 0
line shaft materials which did not meet tha pump manufacturers
recommendation or the owners specificationu.
7
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S
n. a TP.-1.r-'; J'. L+i^h•.f.lyf/^ae.rv'w+r
April 22, 1997
Page 2
All of the proposals have been evaluated for consistency in scope
and the available time frame to complete the project. Based upon
this evaluation, I am recommending that the purchase order be
Issued to AMS Pump & Supply Company. If we can proceed with this
request, the work should be completed
by the second week in June.
Thank you for your understanding and support.
Tim Fisher
Water Production Manager
attachments
Cc: R.E. Nelson
Howard Martin
c:\£iles\tim\amsbid.wpd
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Agenda No.
Agenda Item 2
ORDINANCE NO. Date
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH APPLICATION CONTROL
ENGINEERING FOR ENGINEERING SERVICES FOR PECAN CREEK WATER RECLAMATION
TREATMENT PLANT AUTOMATION FOR THE CITY OF DENTON, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
SECTION I. That the City Manageris authorized to execute a professional services contract
berocen the City of Denton and Application Control Engineering relating to Engineering sen ices for
Pecan Creek Water Reclamation Treatment Plsal Automation, under the terms and conditions, j
contained in said professional services contract, t.hich is attached hereto and made a part hereof.
SECIION11. That the City Council hereby authorizes the expenditure of funds in the manner
and amount as specified in the professional services contract.
SECTION III. That this ordinance shall become effective Immediately upon its passage and P
approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
I
ATTEST:
\ JENNIFER WALTERS, CITY SECRETARY
• + BY:
` APPROVED AS TO LEGAL FORM:
E HERBERT L. PROUTY, CITY ATTOILNEY
• B!'e. ao O 0
J
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rau.rrotiwtarrr'l
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DATE: MAY 6, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PO # 74562 APPLICATION CONTROL ENGINEERING
RECO.\LNIE,NDATION: We recommend this purchase order and the attached contract to
Application Control Engineering in the amount of $22.500.00 be approved.
SUJL1fARY: This contract is for engineering services to be performed in redesign of the
Wastewater Treatment Plant SCADA supervisory control. This redesign will provide greater control
of operations of the plant and ultimately will provide the ability to run the plant with an unmanned
night shift. The proposed scope of work would complete the system redesign for the North Plant
Priman Sludge Station, CNorination Dechlorination System, and Belt Press Building. The project
is expected to begin Rine 1, 1997 and be completed by August 1, 1997.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water and Wastewater
Operations. Water Utilities Department, and Citizens of Denton.
FISCAL. IlMPACT: Budgeted CIP funds for 1997 account number 625-082-0470-8502.
Attachments; Contract
Public Utility Board Meeting Backup
Respectfully submitted:
Kathy 8 e
Executive Director of Finance
Prepared by:
I
• Name: Denise Harpool f
Tide: Senior Buyer r 4''I
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Ap` F •
O Name: Tom D. Shaw. C.F.M. • •
Title; Purchasing Agent
?6S ASENCA
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PROFESSIONAL SERVICES AGREEMENT
FOR Pecan Creek WRTP Automation
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the 16th day If
April , 1997, 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 Application ontrol Engineering , with its
corporate office at 1803 Ponderosa Trail Sachse, Texas hereinafter
called the ("CONSULTANT") acting herein, by and through their duty
authorized representavi,e.
'-:=SSETH, that in consideration of the cove.-.ants an._
agreements herein contained, the parties hereto do mutually agree
as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independe^t
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection with the Project as stated in the 1
i
sections to follow, with diligence and in accordance with the '
highest professional standards customarily obtained for suc
services in the State of Texas. The professional services set out
• herein are in connection with the following described project: •
The Project shall include without limitat.on, (herein described
Pwject) . . .
3
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4,
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ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services . in a
professional manner:
A. The CONSULTANT shall perform all those services as necessa r:
and as described in the OWNER's (herein describe any reques_
for proposal which the owner has utilized to solicit t:--
CONSULTANT's services) request which is
attached hereto and made a part hereof as Exhibit "A" as i
written word for word herein.
4
8. To perform all those services set forth in CONSULTANT'S (herein.
described any proposal of CONSULTANT which has been provide4
including the date of said proposal 4_16_97 ) which
-)roposal is attached hereto and made a part hereof as Exhi'ni:
"B" as if written word for word herein.
1
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 yc•.t
wish to list specific services of the CONSULTANT please lisp
all specific engineering services to be provided including the
preparation of detailed plans and specifications).
t
D. If there is any conflict between the terms of this agreement
and the exhibits attached to this agreement the terms and
conditions of this agreement will control over the terms and
conditions of the attached exhibits or task orders. j
J
ARTIaE III
ADDITIONAL SERVICES
• • •
(To be used if CONSULTANT is an engineer). Additional Services
to be performed by the CONSULTANT, if authorized by the OWNER,
PAGE 2
4
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which are not included in tLe above described basic services, are
described as follows:
A. During the course of the project, as requested by OWNER, tie
CONSULTANT will be available to accompany OWNER's personnel
when meeting with the Texas Natural Resource Conservazic-
Commission, U.S. Environmental Prot,-c .ion Agency, or Dther
regulatory agencies. The CONSULTANT will assist On11'aR
personnel on an as-needed basis in preparing compliance
schedules, progress reports, and providing general techr.ica,
support for the OWNER's compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those service.
contemplated by this Agreement. Such services, if any, shall
bi furnished by CONSULTANT on a fee basis negotiated by tie
respective parties outside of and in addition to tis
Agreement.
C. Sampling, testing or analysis beyond that specifically includedi
in Basic Services. ,
i
D. Preparing copies of Computer Aided Drafting (CAD) electrc::ic
data bases, drawings, or files for the OWNER's use in a fut•.;re
CAD system.
E. Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
•
F. Appearing before regulatory agencies or courts as an expert
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
O reports for assistance to the OWNER. • • {
PAGE 3
5
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G. Providing geotechnical investigations for the site inc'_udi-g
soil borings, related analyses and recommendations.
H. (List any additional services not included in Basic Se-vic--s.
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 o`
the essence in this Agreement. The CONSULTANT shall make al;
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 V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms 'to-
services in the nature of N/A
• 2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipmevt, travel, communications,
subsistence and lodging away from home and similar
incidental in connection with that assignment.
PAC'Z 4
6
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B. BILLING AND PAYMENT:
For and in consideration of the professional services to ce
performed by the CONSULTANT herein, the OWNER agrees;to pa•l,
based on the cost estimate detail at an hourly rate showy.
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 tc
exceed $22,500.00
Partial payments to the CONSULTANT will be me>de on the basis Of
detailed monthly statements rendered to and approved by the
owner through 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 final St of the
contract amount until completion of the project.
Nothing contained in this Article shall require the owner tc
pay for any work which is unsatisfactory as reasor.ab:y
determined by the City Manager or his designee or which is nc:
submitted in compliance with the terms of this contract. The
City shall not be required to make any payments to the
CONSULTANT when the CONSULTANT 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 OWNEE
for any charge, expense or reimbursement above the maximum not
0
to exceed fee as stated without first having obtained written ~
authorization from the OWNER. The CONSULTANT shall not proceed r
to perform the services listed in Article IV. Additional
Services, without obtaining prior written authorization from
• the owner. O O
PAGE 5
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C. ADDITIONAL SERVICES
h For additional services authorized in writing by the OWNER in
Article IV, the CONSULTANT shall be paid based on the Sched,sle
of Charges at an houvly rate shown in Exhibit C. Payments for
adG: :oval services shall be due and payable upon submission by
the CONSULTANT and shall be in accordance with subsection B
hereof. Statements shall not be submitted more frequently thar.
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
(It) per month from the said sixtieth {50th) day, and
addition, the CONSULTANT may, after giving seven (7) days'
written notice to the OWNER, suspend services under this D
Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses and charges provided,
however, nothing herein shall require the owner to pay the late
charge of )ne percent (1t) set forth herein if the owner
reasonably determines that the work is unsatisfactory, in
accordance with this Article V, Compensation.
"TICLE VI
OBSERVATION 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.
PAGE 5
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (ar.d
CONSULTANT's subcontractors or ssbconsultants) 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 intende4
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
project or for other purposes than specified herein any of the
information or materials developed pursuant to this agreement,
CONSULTANT is released from any and all liability relating to their
use in that project.
ARTICLE VIII
INDEPENDEtNf CONTRACTOR
CONSULTANTP shall provide services to OWNER as an independent
contractor, not as an employee cf the City. CONSULTANT shall nc_
have or claim any right arising from employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and 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. O O
operation, or performance of this Agreement.
PAGE 'i
9
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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 3
INSURMCE
During the performance of ttie 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:
I
A. Comprehensive General Liability Insurance with bodily injury
limits of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each gccurrence and not
less than $100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not
less than $500,000 for each perscr 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 $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than
$1,000,000 annual aggregate.
• _ i' ~ e 0
E. The CONSULTANT rhall furnish insurance certificates or
insurance policies at the OWNER's request to evidence such
PAGE 8
10
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coverages. The insurance policies shall name the OWNER 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 XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this
Agreement by submitting the dispute to arbitration or other means
of alternate dispute resolution such as mediation. No arbitratic:
or alternate dispute resolution arising out of or relating to, th_s
agreement involving one party's disagreement may include the other
party to the disagreement without the other's approval_
ARTIr.L 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 either 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
i intent to terminate and setting forth the reasons specifying
i
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 party is terminated prior to completion of the services e ~
to be provided hereunder, CONSULTANT shall immediately cease f
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all services and shall render a final bill for services to the
owner within 30 days after the date of termination. The OWNE=
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
accordance with Article IV, Compensation. Should the OWNS=
subsequently contract with a new CONSULTANT for the
continuation of services on the project, CONSULTANT shall
cooperate in providing information. The CONSULTANT shall turn
over all documents prepared or furnished by CONSULTANT pursuant
to this Agreement to the OWNER on or before the date of
termination but may maintain copies of such documents for its
use.
AETICLE 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 competency 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.
&9TICLE XI'J
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 deemed
• communicated as of three days mailing: O •
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To CONSULTANT: To OWNER:
Application Control Engineering City of Denton
Attn: Ron Wise ATTN:
Title: President Title:
P.O Box 497562 215 E. McKinney
Garland, Texas 75049-7562 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of 15 pages and _I 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
SEVERA13ILITY
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. f
ARTICLE XVII
COMPLIANCE WITH LA'RS
The CONSULTANT shall comply with all federal, state, local
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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 rewired hereunder, the CONSULTANT
shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical
handicap.
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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
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.
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ARTICLE XXI
MODIFICATION
M 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
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
modification is in writing, duly executed; and, the parties further
agree that the provis'.cns of this section will not be waived unless
as herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits) : Application Control Engineering's proposal
dated 4-16-97
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 pertircnt
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.
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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 :..:e laws of the State of Texas.
• O •
J D. For the purpose of this Agreement, the key persons who will
perform most of this work hereunder shall be Ron Wise
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However, nothing herein shall limit CONSULTANT from using other
qualified and competent members of their firm to perform the
services required herein.
F
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
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 available information pertinent to
the project, including previous reports, any other data
relative to the project and arranging for the access to, ans
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. 1
f
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 authori-o;: City Manager and
CONSULTANT has executed this Agreement througi::its duly authorized
undersigned officer on this the day of _
19
• CITY OF DENTON, TEXAS
j
i
Ted Senavides, City Manager
PAGE 14
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ATTEST.
JENNIFER WALTERS, CITY SECRETARY
i By.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
i
By:
~I
CONSULTANT
By:✓
Name: Ron Wise
Title: President
WITNESS:
•
►,\V?000S\K1 M.AMwAT,K i
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L4' SJ. 1». C7; D'I 'd/abN:7`JC1 JLHN4Y FWILk INS Pbx ' 9I .
' DAt4 JAMOOYr
ACOV. CERTIFICATE OF LIABILITY INSURANCE 04-.23-97
rA000Ci11 THIS CEATRICATE IS ISSUED AS A MATTER Of INFORMATION
ONLY AND CONFERS NO AfOHTS, UPON THE CEATIFiCATE
JOHNNY PRICE AGENCY HOLDER. TMS CERTIFICATE DOES NOT AMEND, IXTIND OR
1480 S CARRIER PKY.,STE 14C ALTtR THE COVERAGE AFFORD O BY THS POLICIES BELOW.
GRAND PRAIRIE TX 75052 _____COMPAr~IEeL►FFQgglyQcoq~~n4t
COMPANY
A DALLAS FIRE INSURANCE COMPANY
1
M'N,fa COWAN,
APPLICATION CONTROL 6-- - -
PO SOX 497562 cc r.N.
GARLAND, TX ',0049
CDupAAY
D
COVERAGES
:NDICAT{0 NOTYVTHSTANDINO ANY u OUIREMEV'+ TERM OR CONS TiON OF ALLY CONTRACT OR INSURED NEROOCUMENT WITH RESPECT TO VVH.CH AT'h s
CIA r,F,CArf MAI BE SSUED OR MAY PENTAA THE ~NSUAANCE AFFORDED BY THE FOVCIES OESCA4ID NERIIN IS SUBJECT 10 AlL fHE 't4MS
EACLLS ONS AND CCND,TLCNS OF SUCH POLICIES LIM,TS SHOINN MAY NAYf SEEN REDUCED BY PALO CLAIMS.
CO _ POL'Cr RI"f1YE POLICY (A/IAATAIN r 4rnt '
LTA , THE Or MUMAc1 POUCY NUMMA I "To NAMOO.NVI DATE IMNI'OO.YfI I
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CEATIFWATA HOLOIX CANCELLATION - '
CITY OF DENTON I "O"D A.r or rNI A/OYe oIBOLMO
11.0: roue,u m CA'SCUL0 1v0A1 TNI • •
ATTN; GAYLA WRI EAHRATION DATE TNEAAOP. %I IMUwa COMFAAY YYIU SNOUraA TO MA,,
1 i0: IAAYH ILL ROAD D 1Q OA.1 MMTTM Nor" 10 TNP C6W✓•CATI NONIIA NArm TO ?.I in
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nENTON, T.X. 70208 BLT FAILVAI to Id" IOCN NOTICI BNA,N MMM NO OBu0Ar10N OA Av10U Y
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ACOAO 16 S Ill96I B ACORD CORPORATION It
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Application
Control
Engineering
1803 Ponderosa Trail
Sachse, Texas 75048
City of Denton 4-16-97
Water Reclamation Center
1151 Mayhill Road
Denton, Texas 76208
Attn: Jim Coulter f
re: Plant Automation
Gentlemen, f
Thank you for the oportunity to present this proposal. Engineering work Includes time
neccessary to perform any electrical Interface design, SCADA system graphics, PLC ladder
logic development, startup, training, and documentation.
This proposal is an estimate of the time that will be required co automate the following Plant
systems.
i
Task Hours
North Plant Primary Sludge Pump Station 24
North & South Plant Flow Rates 40
Murna; Flow 48
Gravity Thickners 16
DAF 72
Raw Water Pump Station 6o
Belt Filter Presses 40
Total 300
At ACE's standard Engineering rate of $751hr, total cost is not to exceed $22,500. ACE has
$1,000,000 of Liability Insurance. Please supply a mailing address so that my Insurance
• company can forward a copy of the certificat9 of insurance.
1
Thank you again for the opportunity to present this proposal. Please call If there are any `
questions.
~
~ Sin~cer~ely,
Ron Wise
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PUBLIC UTILITIES BOARD
AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD j
FROM: R. E. Nelson, Executive Director of Utilities
SUBJECT: Pecan Creek Water Reclamation Plant Automation Plan
Consider Approval of a Contract with Application Engineering
RECOMMENDATION:
Staff recommends approval of a contract with Application Control Engineering
not to exceed $22,500.
SUMMARY:
The City of Denton Water Reclamation Division is following an automation plan which
will provide greater control of the operations of the plant and ultimately will provide the
ability to run the plant with an unmanned night shift.
Much of the computer system software and hardware for increased automation of the
plant was provided during the last plant expansion. Due to limited ftwds during the last
expansion total automated supervisory control of the plant was not achieved. There are
still some engineering modifications that need to be accomplished as well as upgrading
some 1960's vintage electrical and motorized valves that would provide art adequate level
of automation to go to an unmanned shift.
I
One of the key elements of the plan is the Plant Scada Supervisory Control Redesign,
Mr. Ron Wise with Application Controls Engineering has helped redesign several of the
operational controls at the plant and we are seeing excellent results from his work. The
proposed scope of work would complete the system redesign for the North Plant Primary
Sludge Station, Chlorination Dechlorination System and the Belt Press Building.
PROGRAh1/DEPARTMENT OR GROUPS AFFECTED:
Citizens of Denton, City of Dentou, Water and Wastewater Operations.
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Apenne
17
Agenda Ite
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Date
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF LEWISVILLE RELATING TO PARTICIPATION IN
VARIOUS CITY OF DENTON CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF
VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the City Manager is hereby authorized to execute an Interloczl
Agreement with the City of Le%is%ille relating to participation in various City of Denton contracts
which provide for the purchase of various goods and services, a copy of such agreement is attached
hereto and incorporated by reference.
SECTION IL That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of 1997.
JACK MILLER, MAYOR
%TTEST:
J ~ NIFER WALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: '
INTiALO AL OTHER
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DATE: MAY 6, 1997
CITY COUNCIL REPORT ii
TO: Mayor and Members of the City Council !
FROM: Kathy DuBose. Executive Director of Finance IIII
SUBJECT: INTERLOCAL AGREEMENT WITH CITY OF LEWISVILLE FOR THE
PURCHASE OF SUPPLIES AND SERVICES
RECOMMENDATION: Council approve ordinance for the cooperative purchasing of supplies and services
betnveen the City of Denton and the City of Lewisville.
SUMMARY: The City of Lewisville wishes to enter into this Interlocal Agreement to authorize
Participation in various City of Denton contracts for the purchase of various pods and services. The
nterlocal Cooperation Act. Chapter 791 of the Texas Government Code, grants cities the authority to enter
into interlocal agreements. Each entity shall act independently regarding actual purchases.
PROGRAMS. DEPARTM1E.NTS OR GROUPS AFFECTED: City of Denton. Ciry of Lewisville
FISCAL LNIPACT: None
Attachment: Cooperative Purchasing Agreement
Respectfully submitted:
at,y u o ,
Exec utiv rcector of Finance
Prepared by:
• e4R~~
Name: Malame-T{a3en .
Title: Buyer
i ,
• Approved: L • •
Name: Tort:
Title: Purchasing Agent
35".AJE +'UA
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RESOLUTION N0. 2206-4-97(R)
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF LEWISVILLE, TEXAS AND CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of Lewisville. Texas. pursuant to the authority granted
b% Chapter 791 of the Texas Goverment Code. the interlocal Cooperation Act. as amended.
desires to participate in an interlocal purchasing program of Cit% of Denton: and.
WHEREAS. the Cite Council is in the opinion that participation in these programs xilI
be highly beneficial to the taxpayers of this City, Through the anticipated savings to be realized:
NOW. THEREFORE, BE IT RESOLVED that the City Council of Letcism ille. Texas j
shall enter into an Interloeal Agreement mtith City of Denton to participate in carious contracts li
cchich provide fer the purchase of carious goods and sen-ices: \%hereby the City ;Manager or his
designee is authorized and directed to sign and deliver all necessan requests and other
documents in connection theremcith for and on behalf of the City of Lemcism ille. Texas. and the
effecthc date shall become April Id. 1997. and shall continue in full force and effect thereafter
until terminated by either parr on thirty. (30) daps written notice to the other,
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
LEWISVILLE. TEXAS, ON THIS THE 14TH DAY OF APRIL, 1997.
APPROVED,
Bcbbic 7. Mitc av
01
ATTEST:
Mam Hendrix. CM AE. Cite Sccrctan-
APPROVED AS TO FORM
Ronald 1. Nci an. Cite Attorc\
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THE STATE OF TEXAS
COUNTY OF DENTON INTERLOCAL AGREEMENT
COOPER %TIVF PURCHASING AGREEMENT
This agreement is made on the 14th day of April. 1997, between the City of Lewlsville. State of Texas
and the City of Denton. Texas.
In consideration of the mutual covenants contained herein and pursuant to the authority permitted under
Chapter 791 of the Texas Government Code. the Interiocal Cooperation Act. City of Lewisille and City
of Denton agree as follows
L
s
Pit rVo
Th c City of LewisilIe wishes to enter Into this Enterlocd Agreement to authorize participation in various
City of Denton contracts for the purchase of various goods and senices. The participation in this
cooperative program will be highly beneficial to the taxpayers through the anticipated sayings to be
realized.
IL
Duration Qf Agreement
This agreement. which terminates as of its effective date. all prior agreements. wrinen or oral, between -
the panics concerning the same sen icesrmaterials. shall become effective on April 14. 1997, and shall V
continue in full force and effective thereafter until terminated by either pam on thirty (30) days written =
notice to the other.
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Rtlatlonshin of Parties
The panics intend that the entity, in receiving, products and'or sen ices specified in this agreement, shall
act as an independent purchaser and shall have control of its needs and the manner in which they are
acquired. 'Neither the City of Lewisville, its agents. employees, volunteer help nor any other person
operating tinder this contact shall be considered an agent or employ cc of the City of Denton and shall
not be entitled to participate in any pension plans or other benefits that the Cirv of Denton provides its
employees,
E
• CITY OF DENTON CITY OF LEWISVILLE j
BY: BY~
• Date Date lG 7 •
• ♦ ~ ~ • j M
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Agenda Hp._~-b/7.~
Agenda fie _
Date
12_
CITY COUNCIL REPORT
TO: Mayor and Members of City Council
FR011: Rick Svehla, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Consider adoption of an ordinance annexing a 286.57 acre tract located north of
Brush Creek Road and east of U.S. Hwy 377; establishing temporary agriculture
"A" zoning district classification and providing for an effective date. (A-75)
RE .OININIENDATION:
The Planning and Zoning Commission recommends approval. (5 - l)
SUNINIARYo
An ordinance annexing and establishing temporary agriculture "A" zoning district classification
on the said 286.57 acre tract is included in attachment #1. The tract is located north of Brush
Creek Road and east of U.S. Hwy 377 as shown on site map included in attachment #2. Part
of this tract abutting U.S. Ilwy 377 is located in the City limits of Denton. City Council held
two public hearings on February 18, 1997 and March 4, 1997 with regard to the proposed
annexation. City Council considered the annexation ordinance at its first reading on March 25,
1997 and voted 6 - 0 to approve.
City Charter requires a three fourths vote of City Council to approve an annexation ordinance.
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. PIP"ing and Zoning Commission
approved a preliminary plat for this development on Dece. aer 11, 1996. (Attachment #3) City
Council received a report on January 28, 1997 and directed staff to proceed with the annexation.
On February 4, 1997, City Council approved a schedule for public hearings. City Council held
a public hearing on February 18, 1997 and no one spoke in opposition. City Council held a i
second public hearing on March 4, 1997 and Greg Edwards representing the developer, spoke in
opposition. The Planning and Zoning Cormission held a public hearing on March 12, 1997
and voted 5 - 1 to recommend approval.
• F-RO MINIS EPARTb1 NTS OR GROUPS AFFECTED: J~ • •
All city service departments including Police, Fire and EMS, Engineering, Utilities, Solid Waste,
Parks and Recreation, Library, Planning and Development, Animal Control and Environmental
Ilealth.
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FISCAL INIPACL
The developer will be required to address the infrastructure needs on this site at the time of
platting to include water, wastewater, drainage, access and perimeter street improvements
including sidewalks. As this tract is developed in the future, the revenue benefits will exceed
costs for municipal services. A fiscal impact calculation for a ten year period 1999-200$
( asstuning that development occurs as planned) shows that the City will collect a total of
$1,302,506 in tax revenues and expend 3925,602 for municipal services with a net gain of
$376,904. (See attachment #5)
Please advise if I can provide additional information.
RESPE ULLI' St MITTED:
Rick Svehla
Deputy City Manager
Prepared by:
4
Harry N. P sauri, M.RTPI, A1CP
Senior Planner
ATTACIIMENTS: ,
(1) Ordinance
(2) Site map
(3) Preliminary plat
(4) Annexation schedule
• (5) Fiscal impact analysis
(6) Minutes of P&Z meeting, March 12, 1997
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ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING
286.57 ACRES, LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF US HIGHWAY
377; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS 'A" AGRICULTURAL
DISTRICT; PROVIDING FOR A PENALTY IN 7 HE 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 he to include the 286.57 acre
tract as described in exhibit 'A'; and
WHEREAS, public hearings were held in the Council Chambers on February 18, 1997, and
March 4, 1997, (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 tlus 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 March 25, 1997; and
WHEREAS, this ordinance has been published in full one time in the official newspaper of
the City of Denton after annexation proceedings wee a instituted and 30 days prior to City Council
taking final action, as required 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 11: That the service plan attached as exhibit 'B' and incorporated by reference,
which provides for the extension of municipal services to the annexed property, is approved as part
of this ordinance.
• SECTION 111: That, pursuant to §35.15 (a) of the Code of Ordinances of the City of
Denton, Texas, the annexed property is temporarily classified as "A," agricultural district, until
permanent zoning is established by the City Council.
SECTION 1V: That the City's official zoning map is amended to show the temporary "A"
agricultural district classification of the property annexed. ,
SECTION 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 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 ur
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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 volati-g any provision of this ordinance relating to the
Temporary "A" Agricultural District shell, upon conviction, be fined a sum not exceeding $2000.00.
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: j
JENNIFER WALTERS, CITY SECRETARY
i
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY_ ATTORNEY
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"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in the County of
Denton, State of Texas, being part of the James Severe Survey, Abstract Number
1164 and being a portion of that 304.995 acre tract of land described by deed to
MXTX Properties, Ltd., recorded in Volume 3114, Page 731 of the Real Property
Records of Denton County, Texas and being part of a 5 acre tract conveyed to W.D.
Gaston by deed recorded in Volume 596, P: ,v,,e 682 of the Deed Records of Denton
County, Texas and being more particularly described as follows:
BEGINNING at a point in the present Denton city limits as established by
Ordinance 69.40 (Tract III), said point lying 500 feet southeasterly of and
perpendicular to the centerline of U.S. Highway 377 (Fort Worth Drive) and said
point lying approximately 2,230 feet south of the north line of the James Severe
Survey, Abstract Number 1164 and said point lying on a south line of said 304.995
acre tract;
THENCE North 27° 49' 14" East 500 feet parallel to and southeasterly of the
centerline of U.S. Highway 377 (Fort Worth Drive) along said existing Denton city
limits line (Ordinance 69-40 (Tract III)) a distance of 1,584.93 feet to the beginning
of a curve to the right whose radius point bears South 62° 10' 46" East a distance of
3,319.80 feet, and whose central angle is 1:3° 57'40";
THENCE northeasterly along the arc of Bald curve 500 feet parallel to and
southeasterly of the centerline of U.S. Highway 377 (Fort Worth Drive) along said
existing Denton city limits line (Ordinance 6940 (Tract 111)) a distance of 808.93
feet to a point for comer, said point being the southeast corner of a 2.5 acre tract
disannexed by the City of Denton by Ordinance 80-1 (Tract One) and said point
lying on a north line of said 304.995 acre tract;
THENCE North 88° 34'45" East departing said Denton city limits line continuing
along the boundaries of said 304.995 acre tract a distance of 1,17I.23 feet to a point
for corner;
THENCE North 05" 47'49" East a distance of 193.72 feet to a point for corner;
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THENCE North 88° 38' 45" East a distance of 1,240.69 feet to a point for corner,
said point bring the northeast corner of the James Severe Survey, Abstract Number
1164;
` e THENCE South 00° 47' 13" East a distance of 4,847.75 feet to a point for corner; t" 0
THENCE with the meanders of the Graveyard Branch creek the following 17 calls:
(I.) South 86° 47' 00" West a distance of 47.26 feet to a point for corner;
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(2.) North 28° 28' 00" West a distance of 122.60 feet to a point for corner;
(3.) North 43° 43' 00" West a distance of 98.90 feet to a point for comer;
(4.) North 23° 56'00" West a distance of 175.20 feet to a point for comer;
(5.) North 70° 49'00" West a distance of 64.00 feet to a point for comer;
(6.) South 66° 40' 00" West a distance of 87.10 feet to a point for comer;
(7.) South 44° 51' 00" West a distance of 139.40 feet to a point for comer;
(8.) South 65° 15' 00" West a distance of 223.20 feet to a point for . -)mer;
(9.) South 57° 21' 00" West a distance of 124.60 feet to a point for cu,ner,
(10.) South 50° 28' 00" West a distance of 223.90 feet to a point for corner;
(11.) South 55° 10' 00" West a distance of 109.80 feet to a point for comer;
(12.) South 78° 59'00' West a distance of 72.80 feet to a point for corner; j
(13.) North 37° 46' 0(1" West a distance of 102.40 feet to a point for corner; I
(14.) North 41° 50'00" West a diMhC; of 73.40 feet to a point for comer;
(15.) North 51° 58' 00" West a distance of 55.60 feet to a point for comer;
(16.) North 73° 51' 00" West a distance of 202.40 feet to a point for comer; f
(17.) North 75° 25' 00" West a distance of 17.11 feet to a point for corner;
THENCE South 00° 00' 44" West a distance of 467.83 feet to a point for comer, said
point lying on the north right-of-way line of Brush Creek Road;
THENCE West along the north right-of-way line of Brush Creek Road a distance of
723.25 feet to a point for corner;
THENCE North 00° 08' S4" West a distance of 2,888.09 feet to a point for comer,
said point being the northeast corner of a 5.639 acre tract conveyed to M.D. Jones i
by deed dated September 8, 1972 and recorded with clerk's file number 15833 in the
Deed Records of Denton County, Texas;
THENCE North 89° 18'47" West a distance of 1,450.36 feet to the POINT OF
BEGINNING and containing 286.57 acres of laiA -
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EXHIBIT "B"
SERVICE PLAN
CASE #1: A-75
AREA: 286.57 acres
LOCATION: North of Brush Creek Road and East of HWY 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 with the following
schedule:
B. Police Services
1. Patrolling, 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 (FNISI
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 some level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C. JVater/Wastewater Services
• Water and wastewater sen Ices will be extended to the property in accordance to
the City's master utility plan and Section 34-118 of the Denton Code of Ordinances.
Devel,.pers shall pay the actual cost of all 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.
O O
The City may participate in the cost to oversize water and sewer mains subject to
fund availability and approval of the City Council.
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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
reimbursement of the cost of such facilities from pro-rata charges paid by persons
connecting to or using such facilities to serve their property, according to the
Subdivision and Land Development Regulations.
D. Soli Waste Collection
1. 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
p,pulation density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets 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 on the
effective date 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 will be installed as the
need therefor is established by appropriate study and traffic standards.
• 5. Street and road lighting isill')e installed in the substantially developed areas In
accordance with the established policies of the City.
F. Environmental 11calth an Code Enforcement Services
1. Enforcement of the City's environmental health ordinances and regulations
Including, but not limited to the grass and weed ordinance, garbage and trash + • •
ordinance, junked vehicle ordinance, sign ordinance, food handier ordinance,
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animal control ordinance, and the tree preservation ordinance shall be provided
►►ithin this area on the effective date of the annexation. These ordinances and
regulations is ill be enforced through the use of existing personnel.
2. Building, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will be enforced hithin this area beginning with the
effective date of the annexation. Existing personnel hill be used to provide these
services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Existing personnel will be used to provide these s!rvtces.
5. 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 ssithin 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. Planning and Development Services
The zoning jurisdiction of the City %sill extend to the annexed area on the effective
date of annexation. The tract is to be tempoiirily zoned Agriculture (A) zoning
district classification at the time of annexation.
H. Parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, including
parks and shimming pools throughout the City, on the effective date of the
annexation. The same standards and politics now used within the City will be
• followed in the maintenance of parks, playgrounds and swimming pools.
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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.
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3. Afiscell~igr ~
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1. Street names and signs will be installed, if required, approximately six (6)
months after the effective date of annexation.
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 (CIP2
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.
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2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for UP improvements in the upcoming CIP
plan. This tract will be considered according to the same established criteria as all '
other areas ofthe City.
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" i C. n~ / ~ dl ~ ATTACHMENT 2
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/ The H43 -of Argyle
--a- = i Area In Denton City LvrSits _
WATER
SEWER -'JV~I
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ATTACHMENT 3
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The Hills of Argyle
J A 112 LOT Stscu (AMILY -
DETATCHED DEVELOPMENT ON BR Sfft',REE O
301 97 ACRCS IN THE 7 SEVERE SURVEY A-1161 .n .n...r t61 Su
PENTON. ANION COUNTY. TEXAS
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Attachment #4
ANNEXATION SCHEDULE- A75
January 21, 1997 City Council receives a report and give direction to staff Aith 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. 4
February 18, 1997 City Council holds first public hearing.
February 20, 1997 Notice publ;shed in Denton Record Chronicle for second public hearing.
March 4, 1997 City Cour:il holds second public hearing.
March 12, 1997 Planning and Zoning Commission holds a public hearing and considers
making a recommendation to the City Council. i
ONfarch 2-5, 1997 City Council institutes annexation. First Reading of annexation
ordinance. j
March 28, 1997 Publication of Annexation ordinance in Denton Record Chronicle. I
May 6, 1997 Final action by City Council. Second Reading and adoption of the
annexation ordinance.
Meetings in bold require four-fifths vote at City Council
ONfarch 25,1997- Special called meeting.
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Attachment HS
FISCAL IMPACT CALCULATION FOR THE PROPOSED ANNEXATION OF 286-22
ACRES LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF HWY 377.
METHODOLOGY:
The per resident costs of municipal services are computed based on a total City budget
expenditure figure of $33.1 million. The $33.1 million represents only that portion of total
expenditures which are attributable to the provision of city services through the general funds.
The total general fund expenditure includes general debt service and motor pool costs but
excludes utility transfers.
s
(a) Cost of municipal services per restdenl:
Impacted general fund expenditures: $33,076562
Expenditures allocated to residential tax payers (72.4%) $23,947,431
Estimated total population of City (1996) 70,450
Municipal costs per resident $339.92
(b) Cost of municipal services per single family home:
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Current average household size for single family homes 2.76
Cost of municipal services for the average single family home $938.18
(c) Assessed value for "break even" in municipal costlrevenue:
Current tax rate per $100 of assessed value .5284
Assessed value of single family home for" break even" $177,551
ASSUMPTIONS:
(a) The calculations are based on an average household size of 2.76
• (b) The current tax rate of .5284 per $100 assessed value has been used in calculating the
"break even" in municipal cost/revenue for a single family home.
( c) It is assumed that the site will accommodate 142 single family homes to be phased and
constructed at 20 units per year commencing in 1998. The average assessed value is
estimated at $250,000 per unit.
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.~'rAa In:'"!.'S"[t.k ~.,b'e,i Y. t, i+s"^.~«,1l ~Ct.! r,xa~''f r.n. t•t!°^..Yi~49'1 ~rydn: +iCr j"d3~~.!4,Y!.Mra!@xr:~.'i
~V .
FISCAL IMPACT CALCULATIONS FOR 10 YEARS 1999-2008 EXHIBIT I
REVENUE CALCULATIONS
YEAR J _ 1994 2000 2001 2002 2003 2004 2005 2006 2007 2008 TOTAL
NUMBER OF HOMES 20 40 60 80 100 120 140 142 142 142 142
ASSESSED VALUES 3 5000000 10000000 15000000 20000000 _25000000 30000010 35000000 35500000 35500000 35500000 46500000
CITY T/UCES~_ 26420 52840 79260 105680 132100 158520 184940 187582 187582 187582 1302506
MUNICIPAL COSTS
YEAH _1999 _ 2000 2001 2002 2003 2004 2005 2006 2007 2008 TOTAL
EST.PWULATICN 56 111 166 221 276 331 387 392 392 392 392
MUNICIPAL COSTS 2 19036 37731 56427 74782 93818 112514 131 $49 133249 133249 133249 925602
NET GAIN (LOSSL 7384 15109 22833 30898 38282 46006 53391 54333 _ 54333 54333 376904
i
Notes:
(1)The current tax rote or .5284 Is assumed to be constant through the period 1999-2008
• (2) A per capita cost of $339.92 multiplied by estimated population as development Is phased. Average household size Is 2.76
3 Homes with an assossed value of ;250,000 will leld i1 321 In city taxes r unit per year
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P&Z Minutes
15
Mar DRAFT
bTarch 1 12, 1497 Page 8 ATTACHMENT 6
V. Hold a public hearing and consider making a recommendation to the City Council with regard to
the annexation of a 286.57 acres tract located north of Brush Creek Road and east of Hwy 377.
(A-75)
Nis. Russell opened the public hearing.
Mr. Persaud: This tract is located on the east side of Hwy 377 and the north side of Brush Creek
Road. You will recall that the Commission approved the preliminary plat on December 11, 1996
slowing a hundred and forty-two lots in this location. There is a requirement in the Subdivision
Regulations which requires staff to conduct an annexation study and report to the City Council
when developments of over five single family lots are proposed in the city's ETJ. We started this
process back in January. City Council gave staff direction on January 21, 1997 to proceed with
this annexation. We have had two public hearings before the Council and we are now hear to get
your recommendation.
Mr. Svehla: I would just like to add that Council has reviewed this as Harry said, and
recommended to move forward. Staff sees this as beneficial to the city and is recommending it.
Ms. Russell: is there anyone to speak in favor of the annexation?
Mr. Glenn Monroe: My name is Glenn Monroe and I live on Brush Creek Road. 1 would just
like clarification of what is going to be annexed.
Mr. Persaud: We are just proposing annexation of the Hills of Argyle Subdivision.
Nis. Russell: Is there anyone else to speak in favor? Is there anyone to speak in opposition to the
annexation?
Mr. Greg Edwards: My name is Greg Edwards and my address is 1116 Sandpiper. Richard
Meyers of Capital Realty Corp. wrote a letter to the mayor on March 6, 1997 and that should be
in your backup, The owner doesn't feel that this would be a good deal for the city in regards to
service, fie is concerned about the annexation. One of the major points concerning marketing
is that this is a rural community, marketing it as being in the county is a benefit at this time We
• don't see annexation as a benefit to the project. The Subdivision Regulations already regulate
what we do with the property. The Zoning Ordinance does not apply but we don't see this as a ;
location for anything that would be objectionable to the City of Denton. We don't see where
leaving it in the county would be a danger. It is a matter of dollars and whether the money
generated will pay for the services. We question whether or not this is a good deal for the City
of Denton. If you could wait until there are homes out there to provide service to that would help
® Mr. Meyers get his project up and going. •
Ms. Russell: Is there anyone else that would like to speak in opposition? Are there any final
comments?
Mr. Svehla: Staff has recommended this to the Council after the study was done. In the past the
Council has looked at annexing either when the ground is vacant and before development occurs,
or after development occurs, One of the things that Council always considers is it proper to let
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P&Z Minutes 19 T
Mar +J li R A March 12, 1997 Page 9
owners and potential property owners to know that it will be in the city limits or not. Sometimes
that is not easily done. This is north of the agreement line between the City of Denton and the
City of Argyle, in fact land south of Brush Creek Road that you just reviewed a couple of weeks
ago is already in the city limits of Denton. R'e think it is an easier and more appropriate time to
consider annexation now.
Mr. Moreno: Will this create an island that is outside of the city limits for that area of north of
Brush Creek Road and south of Brush Creek itself?
Mr. Svehla: There will be a corner that is between the land south of Brush Creek and the land
of west of this site that will still be outside the city limits, but ultimately that will be within the
city limits. Ultimately everything north of the agreement line will be within the city limits of
Denton.
Nis, Russell: We will close the public hearing.
Nis. Schertz: I move to recommend to the City Council that we proceed with the annexation of
the 286.57 acre tract located north of Brush Creek Road and east of Hwy 377 as proposed by
staff.
P
Nis. Russell: Is there a second? Motion dies for lack of a second.
Mr. Cochran: What would be the consequences to the property owners in that area if they were
in the city?
Mr. Svehla: There would be a couple of things that could happen if they were annexed. If they
start building before the property is annexed then those buildings continue as they were. Once
the property comes in if it is not final platted then they wi;l have to look at zoning. If they were
annexed they would come in as Agricultural and since all of the lots are larger than one acre they
could keep that zoning.
Ms. Schertz: To clarify my point, during my period of being a Commissioner we have reviewed
several annexations. There never seems to be a good time to annex property. You either to it
• before it is developed and you don't have a room full of people or you do it after it is developed
and you have a room full of people. If you truly believe that eventually this development will I'.e
annexed I promise you that it would be fairer to the potential buyer to go ahead and do it tow
rather than wait until they are working out of their home or doing other activities that you can't
do once you're in the city. I was making the reco• emendation to proceed based on the fact that
eventually this will be annexed and 1 think it is firer to the homeowners to go in knowing that
e it is in the city rather than waiting until people :.re living in the subdivision and need the services • to
and working out of their homes or doing other activities that are not allowed within the city limits.
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J Mr. Cochran: You have made a good point and if you will make the motion again I will second
it.
Mr. Moreno: If we take no action can the /City Council still annex the property?
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P&Z Minutes
March 12, 1997 ~ RAF I
Page 10
Mr. Bucek: Yes they can still annex it, they just need to know what the Commission's
recommendation is.
Mr. Persaud: The annexation process is set out in the state law and we have started that process.
We will be going back to City Council on March 25, 1997 with the annexation ordinance. There
is a fiscal impact analysis in your backup based on information that we received from the
developers and based on that over a ten year period the city will benefit by about three hundred
and seventy-six thousand dollars.
Mr. Jones: Because of the nature of this development is there going to be anything that someone
would not be able to do if this was in the city limits? Would he be able to have horses?
Mr. Svehla: There is an ordinance the requires livestock and those kinds of things be kept two
hundred feet away from any other dwelling. A lot would depend on the location of his neighbors
houses and the lot configuration. There are home occupations that are not allowed in single family
developments once your are inside the city limits.
Mr. Jones: If they were working out of their home or had livestock and then they were annexed
would th.y be grand fathered in and allowed to continue? 11
Mr. Svehla: It has been our experience that with a home occupation that we respond to those by r
complaints. Generally the complaints pertain to traffic. It would be non-conforming but it would
have to be on the ground prior to the annexation.
hit. Jones: My point is that with this type of development and the people that would be buying
houses in this development, they may not want to come under some of these city rules and that
could affect the ability for this develops; to market his project.
Mr. Cochran: It might also offer a level of security to folks and make the property more
desirable, E
Mr. Peimud: We checked on the police and fire services. The services from Argyle would take
fifteen to twenty minutes to reach the site. From the City of Denton it would take seven to eight
O minutes for fire and it would be about twelve minutes for emergency police services. The
Sherffs department would take twenty to thirty minutes to respond. We feel that our emergency l `
services would enhance the quality of life for this development, Ale will be providing water to
this development and around the year 20W ,i,e will run a sixteen inch water line along Hwy 377.
N'e wii, providing water through the Argyle Water Supply Corp.
• Ms. Schertz: I would like to reinstate my motion to recommend that the city proceed with the ~e • O
annexation of the 286.57 acre tract located r, ,rth of Brush Creek Road and east of Hwy 377 as
proposed by staff.
Mr. Cochran: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-1) Mr. Jones opposed.
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A~eida hem-021
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CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E MLKINNEY DENTON, TEXAS 76201
MEMORANDUM 1,1111116-8200 DFW METRO 434.2529
DATE: April 25, 1997
TO: Mayor and Members of the City Council
FROM: Ted Benavides
City Manager
SUBJECT: Amendment to llatcherlAustin Airport Lease
RECOMMENDATION:
The Airport Advisory Board and City staff recommend approval of the ordinance .-unending the
lease between the City of Denton and Nit. Hatcher and Mr. Austin.
BACKGROUND:
At the April 1, 1997, Council meeting, Council approved a resolution assigning Mr. Bruce
Brown's lease to Mr. Hatcher and Mr. Austin.
Article IX of the lease provides that any person or institution lending money to the Lessee for the
construction of improvements may operate or manage the improvements should the Lessee
default on his obligation. In this particular situation, the improvements have already been
constructed. Mr. Hatcher and Nit. Austin wish to obtain a loan to finance the purchase of the
improvements from Mr. Brown.
Nit. I latcher and Mr. Austin's bank have requested that we amend the lease to read as follows:
"Any person, corporation or institution that lends money to Lessee
for construction, purchase, and/or refinance of any hangar,
structure, building or improvement and retains a security interest in
• said hangar, structure, building or improvement shall, upon default
of Lessee's obligations to said mortgagee, have the right to enter
upon said leased premises and operate or manage said hangar,
structure, building or improvement according to the terms of this
"Dedicated to Qualijy Service"
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Hatcher/Austin lease •2• April 25, 1997
City Council Agenda Item
Agreement, for a period not to exceed the term of the mortgage
with Lessee, or until the load is paid in full, whichever comes first,
but in no event longer than the tern of this lease. It is expressly
understood and agreed that the right of the mortgagee referred to
herein is limited and restricted to those improvements constructed
with funds borrowed from mortgagee, those improvements
purchased with the borrowed funds, and those improvements
pledged to secure the refinancing of the improvements." i
Amending the lease as requested will provide the lender with security for the note necessary to
process the loan.
In addition to this requested changed, we Kill also amend the section of the lease where penalty
and interest are calculated at "one-half of one percent per day" to "one percent per month." As
promised, we will ensure that all future leases will request this change.
Please let me know if you have any questions regarding this matter.
Prepared by'
<<U
Linda Ratliff
Director of Economic Development
Respectfully submitted:
~L
Ted Benavides
City Manager
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TO -7 T :_TT T !7., Vr
- IT
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN
AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE BROWN f
WHICH WAS ASSIGNED PER RESOLUTION NO. R97-015 TO DWAYNE E. 1
HATCHER AND DAVID W. AUSTIN TO ALLOW FOR REFINANCING OF THE
IMPROVEMENTS WITHIN SUCH LEASE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: '
SECTION I. That the City Manager is aii0wized to execute an amendment to the I
commercial operator airport lease agreement between the City of Denton, Texas and Bill Brown, I
which was assigned per Resolution No. R97-015 to Dwayne E. Hatcher and David W. Austin to
allow for refinancing of the improvements within such lease, under the terms and conditions
contained within the amendment, 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.
i
JACK MILLER, MAYOR t
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
e
BY: `
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY O
BY: //-ftL Apt \6 ~t< <
3.
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faoM, MIXED FAX No., 91Tjtittii !''[~3•)~ r°.~tt
AmCNVMMT TO AIRMRT LrAg1: ACRIAMXNT B&r*U-N
isx[1CT BROWN AND TM MY Oil DOTON, 7T.W
(art teed to Dwayne B t tatcba & David W. Attain)
THE STAlM O1F T6 W I
KNOW ALL Mlm RY THM TRc9ENiS:
COUNTY OF D1r1V7'ON i
WURL4A Astignem, D*'e)'°e E. Hdhx u+d NyW W Austin hive WA" Ow caWn
proviiom of tho Deotatber 6, 1944 Lace Agroaneol betwem Bruce Bmwnk LeaOK utd tha City of
Umto4 TacK Lewor, ere tauft Wkulsy In Beat" re6n 4* for oeroin bnprovemsea
owtdAiaed oe rho booed prtatise; Bad
WII1rdtEA.g, !.dent des6a to Ctwpatte in the Wtgrk eat d Letva's iatefesb in its leue
premism at the Dwon Mtmicipd A4port is AscrA R
Tbit Law AmmdmW C.kpw6 xxt'71s made end Pt"W thk P' day of may, ign st
Dmtoe, T.,W by and bttww the City of Dew Ttoat, a mntici W oorpotaMOtt hu*&Aar
retl•ted to u'Lseor," and t3ftsoe Braam basinaltar raktred to u "Iateee through Dwayne E.
1ialefia and Dttvld W. Austty Wcicg er t *aW to u "Mvgnra" 'Ila Arnatdmft an+mt I the
jm" Agr vomt me.ultad on Deoa*w 6,1994 (tbt'Agreatwu") batwem Ltaua aad L.easec to the 1
Odom ooetaiaea htrten cdlf a other provltioav of ebe Agresrt+ect not IpeaficpQY rtadieed harem
rmwn ill tu0 face ao aft u on neDy beiuae.
The &A two wwaaoa of Arndt N.C. of the Amt is hereby arar AW to rood u MOW
IV.
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A0 peymttote due Ltawr from Lease shag be do5ivwvd to dte Alrpmt Mtrttg . tmh=
ot5arwit: darned In writing by the Lenor, if txytoartf tee rat rzd~ naev~ the 1 % of bCjUV tT OA the Id of do@
month, a 5% posby wO be due w of the a of the no& Npays ants
the moony so oddttioW pcma y of 116 crow uap4d mWfee wow wl be dun A 1% OAW w91
' be tdded an the 1 Sth of etoDh stbeoqueri tt+or/lt utm7 the unpaid rorttln'oe pttylom it trtttda Fttiltae to
tI ' m the root, ft or dtha mmetuy pocky at»mm on Je tt rat or k% fta WOWOdo an
VVVK of debuuk dtbtt Lassa (mwld B mrtom of Ard* W.C. ae uwha &wa
Article IX of the A4Mm dtt is bareby emmdW to rod as lbiloWs:
ttX
0 Any perm corpatuim or intiw6oo W kA t arm w Law The omovootiatt, pwdwm% It A tl
J and'ar tctitao. ad'atty hr,gar, wvmua buddatg or irtVrova" kutd sod
bgpr$ ttrucaae, b a*% or hnprovmmm 04 upon dc9asit f.aeeo nxr to said
mwowr, hove rte ri& to otter upon rhos postim of mid kned plea dses no opcrtte or merge
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raoil I WIED FAM NO.8 417713723! e1-7S-l7 ef~7J► F.67
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mw hafgeF, *ycb^ Wft a Wrmwou l ew Xeg to tbn tema of *k Agoeae K for I PKW
w to land tb1 km of ow mmvp weh Laneb of wd the Wen i1 pa to Oaf, O kboM C M I
t3rtl, but io m event then the t4rm of d~a Leda R 6 t lb erdeltfood W Wad do du
do of ft teoe aw muw to htrehi~k ~ bWWKOAfs ~DtnbUA4 s
,Fah r" bwm*cd Dommoot webmw -nth dw bom wt4 fig* nd
fto imp,v.amnw pled to am* the rcfim i&g offt a
1N WMMS WXM07, die Wiles bwo executed"AMNI& ltd bo dM Agreeowt ee of
die day Bad lwr Drat above l k*L
C [iY OP aNT'ON, TMAfs.1,HSM
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T6UBM1AVm6S, CffX A~LW
ATPBS'P:
JmlNQm t WAd.TBRS, CITY 98WTAAY
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APPROVES AS TO IE0At. FORM:
K=WtT L• MOUTY, CM AT rMMY
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DAVID W. AtJ6't'W, AStiOM I
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rMt liSkED FAX NO,1 0173037239 04-20-97 00, 19A P.03
THE STATt3 OP TEXAS g
COt1NTY OF AENTON §
BEFORE h& ft undasi8 4d aiAoily, a Notary P11MC in snd for said Stale Of TaxL% on this
day peraondy appeared Ted DMS.-d_ft known to me to be the persott who sigrAl end exWed the
f )regoing utslrummtt and acknowledSW to nw that this ]nstnlmwt was vtocuted for the purpom AM
oonsideaatlon therein expressed.
GIVEN UHM MY FIAND AND SEAL OF 0M. Ct: this the.- day
1997.
NOTARY PI M= STATE OF TEXAS
My Commission Expires:
THE STATH OF TEXAS 4
COUNTY OF AEISTON §
This ]tysm mt was ac133aw1cd&cd before me on the f day of
by Dwrlyno E I [etcher.
L~'rnr,, T
;a`~,t•~,~y p•~89p NOTARY P C, TE OF
• i •a~ ~c my Commission Fxplres: LAZIZ~
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FIl0a1~ l10ti0 FAX MO.1 0173037131 01-20-97 01131P P.03
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TM 3PAM Of ZkTW I
COUNTY OF A
"dwa~ bd monandoJe4yof 1997
k*ll<IyA 1YN
by David W. Awon. j
1111iIIflFllq k
I-U~~.~qp},pY L OTARY 9TATB OF TEXAS i
ii .fkAIRES.~ f
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97- 0/1-
Agen4e No.
Agenda Item g .
. Date ,
CITY of DENTON, TEXAS MUNl01RAL BOLDING 215 E McKINNEY • DENTON, TEXAS 76201
(817) 566-8200 s VFW METRO 434-2529
i
MEMORANDUM
DATE: Apri 125, 1997
TO: Mayor and Members of the City Council E
FRO;Ni: Ted Benavides
City Nianager
SUBJECT: Amendment to Ezell Aviation Airport Lease
RECOi1MENDATION: 1
The Airport Advisory Board and staff recommend approval of the ordinance amending the lease
between the City of Denton and Ezell Aviation, Inc.
BACKGROUND:
At the April 15, 1997, City CourciI meeting, Council approved the resolution assigning the For E
51 Airport Lease to Ezell Aviation, Inc. At that time, staff indicated that Council would be
considering an amendment to the lease that would provide for further development at the airport.
The Airport Advisory Board and staff are very excited about the Ezell's plans at the Denton
Municipal Airport. They come to us with an excellent reputation in aircraft restoration and draw
visitors and customers to their business from all over the world, Attached are two of the many
articles we ha%c read about Ezell Aviation.
SUMMARY:
• The amended lease provides the following changes, improvements and expansions: •
E
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"Dedicated to Quality Service"
x
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City Council Agenda Item - Ezell Aviation April 25, 1997
Lease Boundaries and Definitions
The existing lease has three major tracts:
1) Fixed Base Operator (FBO) consisting of 56,300 square feet with a lease rate of
$.0608 per square foot ($3.423.04 per year).
2) Commercial Tract 1 consisting of 105,131.154 square feet with a lease rate of
$.08558 per square foot ($8,997.12 per) e: -1.
3) Commercial Tract 11 consisting of 73,737.45 square feet with a ]case rate of
$.08558 per square foot ($6.310.45 per year).
Total square feet: 235,168.604
Total annual lease amount: $ 18,730.61
In the proposed lease, Commercial Tract 1 remains the same. The FBO tract is changed to
include the property from Commercial Tract II plus additional property not currently included in
the lease. The amended lease tracts are as follows:
1) Fixed Base Operator consisting of 250,908.038 square feet at a lease rate of $.061
per square foot ($15,305.40 per )car)
2) Commercial Tract I consisting of 105,131.154 square feet with a lease rate of
$.08558 per square foot ($8,997.12 per year).
Total square feet; 356,039.192
Total annual lease amount: $ 24,302.52
i
The lease also provides for increases in the lease rates at the years 2011 (Commercial
• Tract I - to S.15) and 2019 (FBO - an additional $.06 per square foot) as well as increases
based on the Consumer Price Index.
i
Improvements
In addition to expanding the K-wridaries of the property, Fzell Aviation will construct a 44,420
H square foot hangar with an estimated valuation of $600,000. Ezell Aviation will also expand the •
existing FBO facility to provide a pilots' lounge and snack bar/restaurant, something local and
visiting pilots have requested or suggested for many years. Paving improvements are estimated
at $250,000 to S300,000. The City of Denton will receive ad valorem tax revenues on the
building and pavement improvements.
2
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City Council Agenda Item - Ezell Aviation April 25, 1997
In order to expand their facil' they must also invest an estimated $50,000 to move the current
drainage ditch and construct the improvements. These drainage improvements are included in a
future airport project that is scheduled for 1 9 9 912 0 00. At that time, the City would have to incur
ten percent of the project costs as our grant match. For that reason, the Ezell Aviation lease
provides a refund for ten percent of their cost for drainage improvements. Ezell Aviation will
submit a breakdown of costs to our Engineering Department for review and approval. Once
construction is completed and costs approved, the Ezell's land lease payments would be reduced
by the ten percent. If, for example, drainage improvement costs are 550,000, the City would
reduce the Ezell's land lease monthly payments by $416.66 for twelve months ($5.000 +12
$416.66).
Terms
The current ]ease expires in 2011. The amended lease provides a 30-year term with two ten-year
options, at a lease rate to be negotiated at the time the option is exercised.
Sm 15._4. I t11RC01S[rigII11
Ezell Aviation will maintain longer business hours than the previous operator. "they estimate
their fuel sales will easily triple those of the previous owner (an annual increase in City fuel
flowage revenue of 512,284), They will provide major credit card and food service that was not E
previously provided, In addition, Ezell Aviation has agreed to man the Airport's UNICOM f
equipment a communication system which provides weather and ground condition information G
to pilots. Currently this system is not manned and is used primarily for communication between
pilots in the area.
Prepared by:
Linda Ratliff
Director of Economic Development .r
Respectfully Submitted:
Ted Benavides
City Manager
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND EZELL
AVIATION INCORPORATED FOR APPROXIMATELY 8.2 ACRES OF PROPF.RT1'
LOCATED AT THE DENTON MUNICIPAL AIRPORT, WHICH PREEMPTS THE
LEASE ASSIGNED PER RESOLUTION NO. 97-020 TO EZELL AVIATION, INC.
FROM FOX-51 LIMITED; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the C:ty Manager is authorized to execute an airport lease agreement
between the City of Denton, Texas for approximately 8.2 acres of land located at th Denton
Municipal Airport, under the terms and conditions contained within this agreement, which is
attached hereto and made a part hereof. j
I
SEC] ION H. The lease assignment per Resolution No. 97-020 to Ezell Aviation, Inc.
from Fox-51 Limited is he. eby preempted. Ij
SfECTION 111. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of
1997.
JACK MILLER, MAYOR
ATTEST: I
JENNIFER WALTERS, CITY SECRETARY
O
r
BY:
APPROVED AS TO LEGAL FORM: `
HERBERT i:,. PROUTY, CITY ATTORNEY O O
BY:oiu1
g
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AIRPC.RT LEASE AGREEMENT
COMMERCIALlFBO
WHEREAS, the City of Denton, Texas as Lessor and Ezell Aviation, Incorporated, as Lessee, desire
to enter into an airport lease agreement which amends the terms and conditions of the lease approved by
Ordinance No 97-120 between the City of Denton and Fox-51 Limited which was assigned by the Lessor on
April 15, 1997, per Resolution No. 97.020 to Ezell Aviation, Inc; NOW THEREFORE:
This lease and agreement is made and entered into this_ day of _ 1997, but eHecUve
May 1, 1997, by and between the City of Denton, a Municipal Corporation, situated in Denton County, Texas,
hereinafter called "Lessor", and Ezell Aviation, Incorporated, a corporation of the State of Texas, located at
Stephens County Airport Post Office Box 1793, Breckenridge, Texas, and whose registered agent is Nelson
Ezell, located at Stephens County Airport, Post Office Box 1793, Breckenridge, Texas, hereinafter referred
to as 'Lessee
"
In consideration of the premises and the mutua, covenants, the parties agree that the land to be leased is the
following described land situated in l County, Texas.
1. PREMISES AND USE l
I
A. Fixed Base Operator Premisa
TRACT"A"
1. A 100 x 200 foot tract of land, being approximately 20,000 square feet, and a 165 x 220 foot
tract of land, being approximately 36,300 square feet, having a combined area of approximately
56,300 square feet or 1 29 acres, described as follows
COMMENCING at the northwestcorner of a tract of land as conveyed to P. F. Breen by deed
recorded in Volume 127, Page 185 of the Deed Records of Denton County, Texas said point
lying in the South right of way line of FM Road 1515;
THENCE west along the sout;i rght of way line of FM Road 1515 a distance of 350 feet to a
paint,
THENCE north along the west right. of way line of FM Road 1515 a distance of 1,000 feet to a
1 point,
THENCE west perpendicular to said right of way line of FM 1515 a distance of 870 feet, more
® or less, to a point on the east edge of the pavement of the north taxiway;
THENCE north 13050'41" west alonC the east edge of pavement of said north taxiway a distance
of 10 feet to a point for a comer;
THENCE north 76°09'19" east perpendcular to said east edge of pavement a distance of 175
feet to the point of beginning
• THENCE north 1305041" west 175 feet east of and parallel to said east edge of pavement a ® 4
distance of 220 feet to a point for a corner,
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THENCE north 7600919" east perpendicular to said east edge of pavement a distance of 5 feet
to a point for a corner;
THENCE north 13°50'41" west 180 feet east of and parallel to said east edge of pavement a
distance of 200 feel for a point for a corner;
THENCE north 76°09'19" east perpendicular to said east edge of pavement a distance of 100
feet to a point for comer;
THENCE south 13050'41" east 280 feet east of and parallel to said east edge of pavement a
distance of 200 feet to a point for a corner;
THENCE north 7600919" east perpendicular to said east edge of pavement a distance of 60 feet
to a point for a corner;
THENCE south 13°50'41" east 340 feet east of and parallel to said east edge of pavement a
distance of 220 feet to a point for a corner;
THENCE south 76°09'14" west perpendicular to said east edge of pavement a distance of 165
feet to the place of beginning and containing 56,300 square feet of land, more or less, as shown
on Exhibit "A", attached hereto and incorporated herein by reference.
PLUS. TRACT "B"
All that certain tract or parcel of land lying in the T. Toby Survey, Abstract Number 1285, City of
Denton, Denton County, Texas, as shown in Exhibit B (Tract'B"), and described as follows.
COMMENCING at the northwest comer of a tract of land as conveyed to the Nobles Company
by deed recorded in Volume 2796, Page 895, Real Property Records, of Denton County, Texas
said point lying in the south line of F.M Road 1515;
THENCE north 88°33'43" west with the south line of said F M, Road 1515 a distance of 265.14
feet,
THENCE north 01050'39" west along and near a fence on the east line of Tom Cole Road a
distance of 1000 00 feet;
THENCE south 88°09'21" west a distance of 902.71 feet to a corner or. the east line an asphalt
"It taxiway;
THENCE north 1202500" west with the east line of said taxiway a distance of 274.35 feet,
•
THENCE north 77°35'00" east a distance of 340.00 feel to an iron pin set for southwest corner
of a tract of land described as property A in Resolution No. R91-052, 8-20-1991, City of Denton,
Denton County Texas and the point of beginning of the herein described tract;
THENCE north 7735'00" east a distance of 389.60 feet to a point for a corner;
® THENCE south 17135'52" east a distance of 115.49 feel to an iron pin found at the southeast O
corner of a tract of land described as property B in Resolution No. R91-052, 8.20.1991, City of
Denton, Denton County Texas and the point of beginning of the herein described tract,
EZELL AVIATION, INC. LEASE AGREEMENT • PAGE 2
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THENCE south 55035'52" west a distance of 280,53 feet to an iron pin for a corner,
THENCE scuth 77036'29" west a distance of 139 91 feet to an iron pin for corner,
THENCE north 12°25'00" west a distance of 220.01 feet to the Point of Beginning and containing
73,766.18 square feet or 1.6934 acres of land.
PLUS, TRACT "C"
All that certain tract or parcel of land lying in the T. Toby Survey, Abstract Number 1285, City of
Denton, Denton County, Texas, as shown in Exhibit 8 (Tract'D"), and described as follows.
COMMENCING at the Northwest comer of a Tract of land as conveyed to the Nobles Company
by deed recorded in Volume 2798, page 695, Real Property Records of Denton County, Texas,
said point lying in the south line of F.M. Road 1515,
THENCE, north 88.33"43 seconds weslwith the south line of said F.M. Road
1515 a distance of 265.14 feet,
THENCE, north 01"50' 39" west along and near a fence on the east lino of Tom Cole Road
a distance of 1000.0 feet,
THENCE, south 8809'21" west a distance of 902.71 feet to a corner on the east line of an
asphalt taxiway;
THENCE, north 12.25'00" west with the east lire of said taxiway a distance of 274.35 feet,
THENCE, north 77.35'00" east a distance of 340.00 feet to an iron pin at the northwest corner
of a tract of land described as property B in Resolution No, R•91.052, City of Denton, Denton
County, Texas.
THENCE, south 12.25'00" east, with 4he west line of said 1.6928 acre tract a distance of 222.00
feet to an iron pin found at the southwest corner of said 1,6928 acre tract and the point of
beginning of the herein described tract,
THENCE, south 771degrees 44'34" west a distance of 154 52 feet to an iron pin
set for the northwest corner of the herein described tract;
THENCE, south 12.25'00" east a distance 200.00 feet to an iron pin set for the southwest comer
of the herein described tract
• THENCE, north 77.36'29" east a distance of 530.00 feet to an iron pin set for the southeast
corner of the herein described tract;
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THENCE, north 07.49'03" west a distance of 306.14 feet to in iron pin found at the southeast
corner of said 1.6928 acre tract a distance of 280.54 feet to a found pin;
THENCE, south 55.35'29" west with the south line of said 1.6928 acre tract a distance of 2E^ 54
• feet to a found iron pin, 0 0
THENCE, south 77.36'29 seconds west with said south line a distance of 139,90 feel to the point
of beginning and containing 120,841 858 square feet, or 2.7741 acres of land.
EZELL AVIATION, INC. LEASE AGREEMENT - PAGE 3
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The Fixed Base Operator tract, as described in Section I. A., will comprise of a total
of 250,908 038 square feet or approximately 5 7569 acres.
Together with the right of ingress and egress to the property, in common with others so
authorized, of passage upon the Airport property generally, subject to reasonable regulations
of Lessor. This right shall extend to Lessee's employees, passengers, patrons, and invitees
B. Use of Fixed Based Operator Premligg
Lessor does hereby demise and f=t unto the Lessee, and lessee does hereby lease and take from the
Lessor, the land and facilities herein described, and the rights, licenses, and privileges in connection
with the use of such property and improvements as follows,
I. The use, in common with others authorized so to do, of said airport and all appurtenances,
facilities, improvements, equipment and services which have been or may hereafter be provided
thereat.
2. The operation of a transportation system by aircraft, the repairing, maintaining, conditioning,
servicing, parking or storage of aircraft or other equipment, the training of personnel and the
testing of aircraft and other equipment the sale, disposal or exchange of airi engines,
accessories, and related equipment the servicing by Lessee of aircraft and other airpxt related
equipment, including the right to install and maintain on said airport adequate sta: ;fe facilities,
and appurtenances, including right of way necessary therefor, the landing, l i o f, parking,
loading, and unloading of aircraft and other equipment the right to load and unload persons,
property and mail at said airport, by such means as Lessee may desire, wiCi the nght to
designate the carriers who shall transport Lessee's passengers and their baggage to and from
the airport, and, also, the further right to designate the carriers who shall transport Lessee's
airborne freight, if any, to and from the said airport; the right to install and operate advertising
signs, the general type and design of such signs to be reasonable and appropriate, the conduct
of any other aviation related business or operations reasonably necessary to the proper,
necessary and appropriate conduct and operation by Lessee of its business, and without in any
way limiting the foregoing, Lessee specifically agrees that if Lessee elects to engage in or
provide any of the above services on the premises herein leased, Lessee will.
a. Provide service to the public on a non-discriminatory basis,
b, Conduct and operate its business and marr.gement in a courteous and efficient manner.
c. If Lessee provides tie-clown service, Lessee will provide tie-down service to overnight or
other transient aircraft or aircraft remaining at the airport for twenty-fcur (24) hours or less,
d, If Lessee provides aircraft fuel services, Lessee will make available either by tank truck,
stationary pump or other suitable dispensing equipment approved by the Fire Marshall of the
City of Denton, the quality of gasoline and other petroleum distillates normally found at similar
airports, and all storage tanks for gasoline and other aviation fuels shell be placed
underground in accordance with the provisions of the Fire Code of the City of Denton for
underground flammable liquid storage tanks.
Q e lessee may not use any of the leased land or premises for the operation of, a motel, hotel, 0
private club or bar, apartment house, or for industrial, commercal or retail purposes, except
as authorized herein, without the expressed written consent of Lessor
EZELL AVIATION, INC. LEASE AGREEMENT - PAGE 4
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f. Lessee shall have the non-exclusive right to construct and operate a restaurant on the leased
premises during reasonable hours as agreed to by Lessee and Lessor. ;
g. Lessee shall install, maintain, and operate proper radio and meteorological equipment to man
(monitor and respond) the Airport Unicorn, frequency 122.7. Lessee will operate the Unicom
during normal Airport operating hours, Monday through Friday, 8,00 A.M. to 5.00 PM.
Lessee will have the non-exclusive right to conduct Unicorn operations on the above
identified frequency.
3, Lessee is hereby authorized to construct upon the land herein leased, at its own cost and
expense, buildings, hangars, and structures, including fuel storage tanks or other equipment,
that Lessor and Lessee mutually agree are necessary for use in connection with the operations
authorized by this lease, provided, however, before commencing the construction of any
improvements upon the premises, Lessee shall submit
a all plans and specifications showing the location upon the premises of the proposal
construction; and
b. the estimated cost of such construct on
No construction may commence until Lessor, acting by its City Council, has approved the plans
and speufications and the location of the improvements, the estimated costs of such construction, and
the agreed estimated life of the building or structure, Documentary evidence of the actual cost of
construction shall be delivered by Lessee to Lessors City Manager from time to time as such costs are
paid by Lessee, and Lessors City Manager is hereby authorized to endorse upon a copy of this lease
filed with the City Secretary of Lessor such actual anf, mts as he shall have found to have been paid
by Lessee, and the findings of said City Manager when c, dorsed by him upon said contract shall be
conclusive upon all parties for all purposes of this agreeme;
C. Commercial Land Premise
TRACT "D"
I C:orrimerclaf Tract "D' • Developed Land subject to Lease Payments
All that tractor parcel of land ying in the T. Toby Survey, Abstract Number 1285, (,-'f of Denton, "
Denton County, Texas, as shown in Exhibit C (Tract'A'), and described as follows
COMMENCING at the northwest comer of a tract of land as conveyed to the Nobles Company
by deed recorded in Volume 2798, Page 695, Real Property Records of Denton County, Texas,
said point lying in the south line of F.M 1515,
THENCE north, 88°33'43" west with the south lire of said F.M. 1515 a d ,lanceof 265.14 feet,
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THENCE north 01050'39" west along and near a fence on the east line of Tom Cole Road a
distance of 1000.00 feet,
THENCE south 88°09'21" west a distance of 902.71 feet to a comer on the east line an asphalt
• taxiway; •
THENCE north 12°25'00" west with the east line of said taxiway a distance of 274.35 feel
EZELL AVIATION, INC. LEASE AGREEMENT • PAGE 5
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THENCE north 77035'00" east a distance 01260 00 feet to an iron pin set for southwest corner
of a tract of land described as property A in Resolution No, Rgl.052,8-20-1991, City of Denton,
Denton County Texas and the point of beginning of the herein described tract
THENCE north 12025'00" west a distance of 240,00 feet to a point for a comer;
THENCE north 77°35'00" east a distance of 427.15 feet to a point for a corner;
THENCE south 17035'52" east 3 distance of 240.98 eel to a point for a corner;
THENCE south 17035'00" west a distance o(448.93 feet to the Point of Beginning and containing
105,131.154 square feel or 24135 acres of land
Togethsr with the right of ingress and egress to the property, in common with others so
authorized, of passage upon the Airport property generally, subject to reasonable regulations of Lessor.
This right shall extend to Lessee's employees, passengers, patrons, and invitees. f
D. Ull of Commercial Land Premllles 4Tract "D"1 IE
Lessee is granted the non-exclusive privilege to engage in or provide the following
1 Hangar Lease and Rental: The rental or lease of hangars and hangar space and related
facilities upon the leased premises.
2 Office Space Lease or Rental. Tte rental or lease of office space in or adjoining Lessee's
hangars.
3 Aircraft Storage and Tie-down, To provide parking, storage 2nd tie-down service, for both
Lessee's and itinerant aircraft upon or within the leased premises.
Lessee, his tenants and sublessee shall not be authorized to conduct any services not
sp--cifically listed in this agreement The use of the lease premises of Lessee, his tenants or sublessee
shall be limited to only those private, commercial, retail or industria! acbvities having to do with or
related to airports and aviation. No person, business or corporation may operate a commercial, retail
or industrial business upon the premises of Lessee or upon tie Airport without authorization from the i
Lessor in a written form approved by City Council. The ;ity shall respond to the request for f
authorization within sixty (60) days of written notirication to Lessor's City Manager. If authorization is
not received within the required sixty-day time period, authorization of the a:tivity will be considered
1 gran ed This granting of authorization does not relieve the Lessea or it ,ublessee, successor, or
assign of compliance with terms or conditions in this agreement
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ll. PREMISES AND LEASEHOLD IMPROVEMENTS
A. Premsse Define
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For the purposes of this lease the term "Premises" shall mean all property located within the
metes and bounds described above in Section I, including leasehold improvements constructed by the
Lessee, but not including certain easements or property owned or controlled by the Lessor. O 0
EZELL AVIATION,;NC. LEASE AGREEMENT - PAGE 6
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B. Improvement eaulrements.
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In making any improvements on the Premises, Lessee shall comply with the following.
1. All requirements of the Lessor's Land Development Code, other than platting requirements,
including but not limited to Lessors Building, Fire, Electrical, and Plumbing Codes, and other
Codes and ordinances applicable to the improvements to be made, including the payment of any
fees established by ordinance f
2 Prior to commencing development. Lessee shall obtain the City Council's determination that the
improvements conform to and are compatible with the overall size, shape, oofor, quality, design,
appearance, and general plan of the program established by the Lessors Master Plan for the
Airport.
3 Any rules or regulations of the any Federal or State agency having jurisdiction thereof,
4 Construction of drainage improvements, as required by City's subdivision rules and regulations,
located at boundary between FBO Tracts "B" and "C" to be completed June 1, 1998,
5. The construction of an addition to the existing FBO facility of approximately 7,000 square feet
to be completed June 1, 1998,
6. Construction of a new hangar of approximately 44,000 square feet to be completed June 1,
1998.
7. The City of Denton agrees to pay ten (10) percent of construction costs of the drainage
improvements which are dewilbed in paragraph 4 above. These costs will not be eligible for
payment until they have been reviewed and found to be accurate and reasonable by the City of
Denton Engineering Department Such costs will not be paid until completion o! improvements
listed iri 4, 5, and 6 above. The ten (10) percent credit will be refund.-4 in twelve monthly
increments by reduction of the monthly land lease payments to begin the first month after
completion of 4, 5. and 6 above
C. Time for Approval by ! ouncil.
The required determination by the City Council that the plans are compatible with the Master
Plan for the Airport shall be made by the Council within sixty (60) days of proper submissior, of the
plans to Lessor If the Council fails to act within the sixty (60) days, the plans shall be deemed
approved for the purposes of the requirement of compatibility with the Master Plan, but shall not be
deemed approved for any other requirement including the requirement to comply with the Lessors
Land Development Code and other applicable codes,
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0. Ownership, of Improvements:
Ai buildings and improvements constructed upon the premises by Lessea shall remain the /
property of Lessee unless said property becomes the property of lessor under the following conditions,
terms and pro isions
• 1. 'Removal of BuPfdrnC4 No buter g or permanent fixture may be removed from the premises • •
without the written consent of the Lessor.
C
EZELL AVIATION, INC LEASE AGREEMENT • PAGE 7 E
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2. Assumption. All buildings and improvements of whatever nature remaining upon the leased
premises at the end of the primary term, of any extension thereof, or this lease shall +
automatically become the property or Lessor abfolutely in fee without any cost to Lessor. I
3. Building Lrfe. It is agreed that the life of the buildirg to be constructed by Lessee on the property
herein leased is:
a. Thirty (30) years for existing 1780 and commercial tract improvements.
b, Forty-five (45) years for new improvements to be constructed on FBO Tracts A, 8, and C
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4, Cancellation. Should this lease be canceled for any reason before the end of the terms, it is
especially understood and agreed that Lessor reserves the right to purchase all buildings,
structures and improvements then existing upon U`e premises by tendering to Lessee done
thirtieth (1130th) of property on Commercial Tract i one forty-fifth (1145) for the new
improvements constructed on FBO Tracts A, B. and C. and one-thirtieth (1130) of the existing
improvements in FBO Tract A of the undepr%iated value of such building for each year
remaining on the agreed life of such building. The undeprecialed value of all improvements is
to be determined by having sucti improvements appraises by three appraisers, one appointed
by Lessor, one appointed by Lessee and one appointed by the two appraisers; provided,
however, the total value of such building plus an increase in value not to exceed fifty percent
(50%) of the original cost of such improvements.
Ill. PAYMENTS
A. Payments - Fixed BastQ operator Premises
1. Fixed Base Operator Land Payment:
Land Rental payments shall be due and payable in twelve (12) equal monthly installments in
advance, on or before the 15th of each month. Annual rental payments will be based on the
following formulae, calculated on the basis of minimum yearly rentals adjusted hr inflation as per
Section IV.
a, 05101197. 041301201$ 50 061 per square foot minimum yearly rental ($0 061 x 250,908 038
= $15,305.40 land rental per year/ 12 = S1,275.45land rental per month.) Land rental will
be adjusted in two (2) five-(5) year periods (the first such readjustment occurring May 1,
2002, the second at May 1, 2007 and annually thereafter per Section IV. of this lease until
May 1, 2014
b 05!0112019 - 04/3012027: The current rzase rate will be increased by a sum of $0 06 per
square foot minimum yearly rental, and adjusted annually thereafter per Section IV. A. of this
lease until April 30, 2027
•
2 Hangarand Tie-Down Rental Fees,
Ten (10%) percent of all hangar and tedown rental fees collected by Lessee from customers
or Lessee each month during the term of this lease. An annual certified statement concerning
collection of hangar and tieAcrwn space rentals will be submitted within 60 da,; s of the end of the
calendar year or, in the event of termination. 60 days from the date of termination.
• • 0
1 Aviation Fuel Fees.
Fuel payments shall be based on fuel purchased by Lessee and the Lessee's sublessee,
assigns, heirs or successors, It will include all fuel purchased from off-airport fuel vendors, The
EZELL AVIATION, INC. LEASE AGREEMENT - PAGE 8
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payment shall be based on the amount of four percent (4%h of net cost of fuel purchased Net
cost of fuel purchased is the cost of fuel not including taxes on the purchase. Lessee will provide
invoices on a monthly basis along with the payment to the Lessor. An annual certified copy of
purchases will be submitted within 60 days of the end of the calendar year or, in I event of
termination, within 60 days from the date of termination,
B. Eyments -Commercjal Land Rental
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1 Land Rental.
Land Rental payments for Commercial Tract "D" shall be due and payable in twelve (12) equal
monthly installments in advance, on or before the 15th of each month. Annual rental payments
will be based, and adjusted, on the following formulae
a 05101197 - 0413012011: $0.08558 per square foot minimum yearly rental ($0 08558 x
105,131.154 = $8,997 12 land rental per year! 12 = $749,76 land rental per month ) Land
rental will be adjusted in two (2) five-(5) year periods (the first such readjustment occurring
May 1, 2002, the second at May 1, 2007.) Commercial Land will be readjusted per Section
IV of this Lease
b 05101,2011 - 04130l2Q27 $0,15 per square foot minimum yearly rental for land described
as Commercial Tract "D" on Exhibit -C". Commercial Land will be readjusted annually
per Section IV of this Lease.
IV. PAYMENT ADJUSTMENTS AND TERMS
A. Adjustments: It is expressly understood and agreed that the yearly rental for the land herein
leased shall be readiusted, up or down, on the basis of the proportion that the then current United
States Cost of Living Index (CPI-U) for the Dallas/Fort Worth. Texas Standard Metropolitan Statistical
Area, as compiled by the U S, Department of Labor, Bureau of Labor Statistics, bears to the January
1997, index which was 150 (1982-84 = 100) Each rental adjustment, if any, shall occur on the 1st day
,,f May, with respect to the adjustments defined in Section Ill, The adjustments shall be based oo the
annual cents per square feet based on the square footage for the Fixed Base Operator and the
Commercial Tract,
The adjustments in the yearly rent shall be determined by multiply'ng the minimum rent as set forth in
section in Section III by a fraction, the numerator of which is thin ndex number for the last available
month prior to the adjustment, and the denominator of which is the index number for Jancary 1997,
which was 15D-(1982-84= 100) If the product of this multiplication is greater than the minimum yearly
rent as set forth in Section III , Lessee shall pay this greater amount as the yearly rent until the time
• i of the next rental adjustment as called for in th;s section If the product of this multiplication is less than
the minimum yearly rent of as set forth in Section III , there shall be no adjustment in the annual rent
at that time, and Lessee shall pay the minlinum yearly rent as set forth in Section III. The adjustment
shall be limited so that the annual rental payment determined for any given year shall not excaed the
annual rental calculated for the previous year by more than ten percent (10%).
If the consumer price index for all urban convmers (CPI-U) for the Dallas-Fort Worth geographical
0 region, as compiled by the U S Department of Labor, Pureau of Labor Statistics, is discontinued during
Me term of this lease, the remaining rental adjustr s called for in this section shall be made using
the formula set 1)rih in Section III of this lease, but substituting the index numbers for the Consumer
Price Index-Seasonally Adjusted US . City Averag, For All Items For All Urban Consumers (CPI-U) for
the index nurriWr,t for the CPI-U applicable to the Dallas-Fort Worth geographic-at region. If both the
EZELL AVIATION, INC. LEASE AGREEMENT - PAGE 9
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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 renal adjustments 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 geogra; lk..r region. If the Bureau
of Labor Statistics of the United States Dapartment of Labor ceases to .ixist or ceases to publish
str.Fstics called for in this section adjustments shall be made using the i-iost nearly comparable
statistics published by a recognized financial authority selected by Lessor
B. Payment Terms: All payments, including !and rental, and fees, will be due on the 15th of the
month. This payment will be for the prior month fees and the current month land rentals If payments 1
are not received before or on the 15th, a 5% penalty will be due as of the 16th. If payments are not Ii11
received by the first of the subsequent month, an additional penalty of I% of the unpaid renal/fee
amount will be due: A 1 % charge will be added on the first of each subsequent month until unpaid
rentalifee payment is made. failure to pay tho rent, fee, or either monetary penalty amounts on
delinquent rent of fees shall constitute an event of default of this Lease
V. LEASE TERMS
A. The Fixed Bass Operator The term of this Lease shall be a period of thirty (30) years, f
commencing on the 1st day of May 1997, and ending at midnight on the 30th day of April, 2027, unless
terminated under the provisions of this lease, Lessee shall have the option to extend the term of this
Lease for two additional ten (10) year periods subject to terms negotiated at that time between Lessor
and Lessee. If Lessee elects to ext cise its option to renew this Lease, Lessee shall notify the City
Manager, in writing, at least one hundred eighty (180) days before the expiration of the initial thirty (30)
year Lease. Al the end of the initiat ten (10) year option, Lessee shall have the option to extend the
term of this Lease for an additional ten (10) years subject to terms negotiated at that time between
Lessor and Lessee. If Lessee elects to exercise this second option, Lessee shatt notify the City
Manager, in wrlirg, at least one hundred eighty (190) days before the expiration of the initial ten (10)
years.
B. Commercial Land. Tract D: The remaining term of this lease will be for a term of thirty (30) f
years, commencing on the 1 st day of May, 1997, and continuing through the 30th day of April 2027,
unless earlier terminated under the provisions of the Agreement Lessee shall have the option to eo ;end
the term of this Lease for an additional period often (10) years subject to terms negotiated at that time
between Lessor and Lessee. If Lessee elects to exercise its option to renew this Lease, lessee shall
notify the City Manager, in writing, at least one hundred eighty (180) days before the expiration of the
initial thirty (30) year Lease. Al the end of the initial ten (10) year option, Lessee shall have the option
to extend the term of this Lease for an additional ten (10) years subject to terms negotiated at that time
between Lessor and Lessee: If Lessee elects to exercise this second option, Lessee shall notty the
• City Manager, in writing, at least one hundred eighty (180) days before the expiration of the initial ten
(10) years.
VI. ASSIGNMENT OF LEASE
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Lessee expressly covenants that it will not assigi I this lease, nor sublet the whole or any part of the said
• premises for any purpose, except for rental of hangar space or be-down space, witftuut the written consent
of Lesser, except that any person, corporation or irsbtubo t that lends money to Lessee for the construction • O
of any hangar, structure, building or imp% ament upon the leased premises and retains a security interest
in said hangar, structure, building of impfovernent shall, upon default of Lessee's obligation to said mortgagee,
have the nigh: to enter upon said leased premises and operate or manage said hangar, structure, buildin^ or
EZELL AVIATION, INC. LEASE AGREEMENT - PAGE 10
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improvement according to the terms of this agreement, for a period not to exceed the term of the mortgage
with Lessee, or until the ban is paid in full, but in no event longer than the term of this lease Lessor agrees
that it wil! not unreasonably withhold its approval of the sale or sublease of the facilities for airport related
purposes
VII. SUBROGATION OF MORTGAGE
Any perso^., corporation or institution that lenus money to Lessee for construction, purchase and or
refinance of any hangar, structure, building or improvement and retains a security interest in said hangar,
structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right
to enter upon said leased premises and operate or manage said hangar, structure, building or improvement
according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee,
or until the loan is paid in full, or such mortgagee shall have the right to remove any buildings or structures
from the premises, however, if such mortgagee is planning to repave any buildings, then they will notify
Lessor in writing of such intent to remove, and Lessor will have si; y (60) days from receipt of such otice to
exercis-3 an option to purchase such buildings or structures unde' the provisions of Article II hereof. It is
expressry understood and agreed that the right of the mortgagee referred to herein is limited and restricted
to those improvements constructed with funds borrowed from mortgage, those improvements purchased with
the borrowed funds, and those improvements pledged to secure the refinancing of the improvements,
VIII. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no, cost to Lessor, upon the leased ground space
for the purpose of providing utility services to, from or across the airport property. However, any such
easements shall not interfere with Lessee's use of the "leased ground space" and Lessor shall restore the
property to its original condition upon the installation of any utility services on, in, over or under any such
easement.
I.Y, CANCELLATION OF LEASE
A. Cancellation by Lessor:
In 0,9 eve 1 that Lessee shall file a voluntary oetition in Bankruptcy or proceedings in bankruptcy
shall be instituted against it and Lessee theisafter is adjudicated bankrupt pursuant to such
proceedings, or any court shall take judsdic!ion of Lessee and its assets pursuant to proceedings
brought under the provisions of any Federal reorgan¢ation oct, or Lessee shall be divested of its estate
herein by other operation of law, or Lessee shall fail to perform, keep and observe any of the terms,
covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee
• written notice to correct such condition or cure such default and, if any condition or default shall
continue for thirty (30) days after the receipt of such notice by Lessee, then Lesw may, terminate this
!ease by a thirty (30) days written notice to Lessee. In the event of default, Lessor has the right to
purchase any or all structures on the leased premises under the pr )visions of Article tl hereof.
B. Cancellation by Lessee:
• O •
Lessee may cancel this Agreement, in whole or part, and terminate all or arty of its obligations
hereunder at any time, by thirty (30) days written notice, upon u' arler the happening of any one of the
following events (1) issuance by any court of competent jurisdiction of a permanent injunction in any
way preventing or restraining the use of said airport or any part thereof for airport purposes, (2) any
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 11
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action of the Civil Aeronautics Board andror Federal Aviation Agency refusing to permit Lessee to
operate into, from or m rough said airport such aircraft as Lessee may reasonably desire to operate
thereon. the 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 thirty (30) 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, earthquake or
ocher casualty; or (4) the assumption or recapture by the United States Government or any authorized
agency thereof of the maintenance and operation of sad airport And facilities or any substantial part or
parts thereof.
X. SPECIAL CONDITIONS
It is especially understood and agreed by and between Lessor and Lessee that tt,is lease agreement
is subject to the following special terms and conditions,
A. Nothing contained herein shall be construed to grant or authorize the granting of an exclusive
right within the meaning of Section 1349 of Title 49, United States Code Annotated
8. Lessor reserves the right to further develop or improve any public parking area, landing area,
or other portion of the airport property without notice to Lessee
C. During time of war or national emergency, declared by tho Congress or the President cf the
United States, Lessor reserves the right to alter, amend, or suspend this agreement upon demand of
military, or naval authorities of the United States,
D. Lessee, its personal representative, 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, color, or national origin shall be excluded from participation
in, denied the benefits of or be otherwise subjected to discrimination in the use of said facilities,
2 that in the construction of any improvements or., over, or under such land and the furnishing of
services thereof, no person on the grounds of race, color or national origin shall be excluded i
from participation in, denied the benefits of, or otherwise be subjected to discrimination,
3 that the lessee shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the
Department of Transportation-Effecluation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended,
That in the event of breach of any of the above nondiscrimination covenants, Lessor shall have
the right to terminate the tease and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said lease had never been made or issued.
E. The Lessee assures that it will undertake an affirmative action program es required by 14 CFR
8 Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, • $
or sex be excluded from participating in any employment activities covered in 14 CFR Part 152,
Subpart E The lessee assures Vat no person shall be excluded on these grounds from participating
in er r>ceiving the services or benefits of any program or activity covered by this subpert The Lessee
assures that it will require that its covered suborganizabons provide assurances to the Lessor that they
EZELL AVIATION INC. LEASE AGREEMENT - PAGE 12
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similarly will undo ake affirmative action programs and that they will require assurances from their
suborganization,, as required by 14 CFR Part 152, Subpart E, to the same effect
F. If Lessor files an action to enforce any covenant, term or condition of this lease, or for the '
recovery of the possession of the leased area, or for breach of any covenant term or condition of this
lease, then Lessee agrees to pay to Lessor reasonable attorneys fees for the services of Lessors
attorney in such action as part of the costs incurred, such attorneys fees to set by the Court
.
G. Lessors waiver or breach of one covenant or condition of this lease shall not be deemed a
waiver of subsequent breaches clothe, previsions. and Lessor's acceptance of rental payments shall
not be deemed a waiver of any of the provisions of this lease.
H. Lessee shall be provided access to the property leased hereunder either through access "A" or
access "B", at Lessors discretion, as shown on Exhibits "A," '8,' and "C.' attached hereto and
incorporated herein by reference , Lessor reserves the right to change Lessee's means of ingress and
egress from one designated access to another at Lessors option.
1. Runways and Taxiways: That because of the present sixty thousand (60,000) pound
continuous use weight bearing capacity of the runway and tax!ways 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 sixty thousand (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
v :fights it is further agreed that, based on qualifiad 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 which it neither controls nor solicits, such as an unsolicited or
unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be
sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be
liable for any damages to the Airport that might result.
J. Prioc!r!,s of Oneratlons: The right to conduct aeronautical 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,
2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service,
provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts,
rebates, or other similar types of price reductions to volume purchasers.
K. Bshit of individuals to Maintain Almri It is clearly understood by the Lessee that no right
or privilege has been granted which would operate to prevent any person, firm or corporation operating
aircraft on the airport from performing any services on its own aircraft with its own regular employees
(including, but not limited to, maintenance and repair) that it may choose to perform.
I
L. PublICAreas:
0 1 Lessor reserves the right to further develop or improve the landing area of the airport as it sees O
fit, regardless of the desires or views of the Lessee, and without interference or hindrance
.
EZELL AVIATION, 14C LEASE AGREEMENT • PAGE 13
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2, Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all
publicly owned facilities of the airport, together with the right to direct and control all activities of
Lessee in this regard.
3, 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.
4. Lessor reserves the right to take any action it considers necessary to protect the aerial 1
approaches 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 usefulness or safety of the airport or
constitute a hazard to aircraft or to aircraft navigation.
5. This Lease s;iall 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
XL INSURANCE
A. Reaulred lnauranca: Lessee, at its expense, shall maintain continuously in effect at all times
during the term of this agreement the following insurance coverage.
I. Comprehensive general liability covering the leased premises, the Lessee or its company, its j
personnel, and its operations on the Airport.
2 Aircraft liability to cover all flight operatons of Lessee,
3. Fire and extended coverage for replacement value for all facilities used by the Lessee eitheras
a part of tiis agreement or erected by the Lessee subsequent to this agreement
4, Liability insurance limits shall be in the following minim-im amounts.
Bodily Injury and Property Damage.
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One Million Dollars ($1,000,000) combined single limits on a per occurrence basis.
5, All policies shall name the City of Denton 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
A cancellation or lapse of such policy.
6 All policieix must be approved by the Lessor.
7 The Lessor shall be provided with a copy of all such policies within thirty (30) days of the signing
of this Agreement,
During the original or extended term of this Lease, Lessor herein reserves the right to adjust or O
increase the liability 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 Menton Municipal
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 14
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Airport, in size and in scope of aviation activities, located in the southwestern region of the United
States Lessee herein agrees 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 the receipt of a notice in writing from Lessor stating the increased or
adjusted insurance requirements. Lessee shall have the right to maintain in force both types of
insurance and amounts of insurance which exceed Lessor's minimum insurance requirements
In the event that State law should be amended to require additional 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 of 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
Failure of Lessee to comply with the minimum specified amounts or types of insurance as j
required by Lessor shall constitute Lessee's default of this Lease, 1
B. INDEMNITY: 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 City with respect to Its acts or omissions hereunder. For all the purposes E
hereunder, Lessee is and shall be deemed an Independent contractor and it Is mutually agreed
that nothing contained herein shall be deemed or construed to constitute a partnership orjoint
venture between the parties hereto.
Lessee agrees to Indemnity and hold harmless the City and Its agents, employees, and
representatives from and against all liability for any and all clalms, 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
subcontractors (if any), and/or sublessee, 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 Agreement. Lessee shall also Indemnity City against any and all mechanic's and
materlalmen's liens or any other types of liens Imposed upon the premises demised hereunder
arising as a result of Lessee's conduct or activity.
This Indemnity Provision extends to any and all such claims, suite, 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 form of remedy. This Indemnity Provision shall apply regardless of the nature of
the Injury or harm alleged, whether for Injury or death to persons or damage to property, and
whether such claims by alleged at common law, or statutory or constitutional claims, or
otherwise. This Indemnity 'rovis;on 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, members, patrons, visitors, contractors (if any), and/or subleases r
or to anyone directly or Indirectly employed by any of them.
Further, City assumes no responsibility or liability for harm, Injury, or any damaging
events which are directly or 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 , O 0
apply to any and all claims, suits, demands, andlof 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, contractors and subcontractors (if any), and/or sublessee.
EZELL AVIATION, INC. LEASE AGREEMENT, PAGE 15
/9.
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It is expressly understood and agreed that the City shall not be liable or responsible for
the negilgence of Lessee, its agents, servants, employees and customers. Lessee further
agrees that it shall at all times exercise reasonable 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 sub-lessees, and other persons, as well
as for the protection of supplies and equipment and the property of Lessee or other
persons. Lessee further agrees to comply with all applicable provisions of Federal, State and
municipal safety laws, regulations, and ordinances.
PROVIDED FURTHER, that the Lessee and the City each agree to glve the other party
prompt and timely notice of any such claim made or suit Instituted which in any way, directly
or Indirectly, contingently or otherwise, affects or might affect the Lessee or the City. Lessee
further agrees that this Indemnity provision shall be considered as an additional remedy to City
and not an exclusive remedy.
XII. STANDARDS
Lessee shall meet or exceed the following standards.
A. Address: lessee shall file with the City Manager's airport designee and keep current its mailing
address, telephone number(s) and contacts where he can be reached in an emergency.
a. W: Lessee shall file with the City Manager's airport designee and keep current a list of its
tenants and sublessee.
C. Coriclut;j: Lessees shall contractually require its employees and sublessee (and sublessee's
invitees) to abide by the terms or this agreement. Lessee shall promptly enforce its contractual rights
in the event of a default of such covenants
D. Utilities. Taxes and Fees: Lessee shall meet all expenses and payments in connection with
the use of the Premises and the rights and privileges herein granted, including the timely payment of
utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed
E. Laws: Lessee shall comply with all current and future federal, state and local laws, rules and
regulations which may apply to the conduct of business contemplated, including rules, regulations and
ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all
necessary and/or required licenses or permits.
F. Mitlatenance of Properly: Lessee shall be responsible far the maintenance, repair and upkeep
of ail property, buildings, structures and improvements, including the mowing or elimination of grass and
• other vegetation on the Premises, and shall keep said Premises real, clean and in respectable
condition, free from any objectionable matter or thing
G. rMthorized Use of Premises: Lessee may not use any of the leased land or premises for
t the operation of a motel, hotel, restaurant, private club or bar, apartment house or for industrial,
i commercial or retail purposes, except as authorized herein
0 H. Dwellings: It is exDressN understood and agreed that no permanent dwelling or domicile may
be built, moved m I~ 0
i oved to or established on or within the leased premises nor may the Lessee, his tenants.
J invitees. or guests be permitted to reside or remain as a resident on or within the leased premises or
other airport premises.
EZELL AVIATION, INC LEASE AGREEMENT • PAGE 16
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1. Chemicals; Lessee agrees to properly store, collect and dispose of all chemicals and chemical
residues; to properly store, confine, collect and dispose of atr paint, including paint spray in the
atmosphere, and paint products, and to comply with all Local. State and Federal regulations goveming
the storage, handling or disposal of such chemicals and paints
I
J. Una: During the term of this Agreement, Lessee shall have the right, at its own expense, to
place in or on the lease Premises signs identifying Lessee. Said signs shall be of a size, shape and
design, and at a location or locations, approved by the Lessor and in conformance with any overall
directional graphics or sign program established by Lessor on the Airport. Lessor's approval shall not
be withheld unreasonably, Said signs shall be maintained in good repair throughout the term of this
agreement. Notwithstanding any other provision of this agreement said signs shall remain the property
of Lessee. Lessee shall remove. at its expense, all lettering, signs and placards so erected on the
premises at the expiration of the term of this Agreement or extensions thereof.
XIII. COVENANTS BY LESSOR
Lessor hereby agrees as follows:
A. To provide and pay for the instaltation and monthly electricity required for security lighting at the
airport which Lessor requires to be installed under any safety or fire regulations, or as may be required
by Lessor;
S. To maintain the airport in an acceptable condition for general aviation activities on said airport,
C. Lessor covenants and agrees not to enter into any subsequent lease, contract, or agreement
with any other person, firm or corporation for the operation of a fixed base general aviation operation
or business similar to Lessee's business on the airport containing more favorable terms than this
agreement or not accorded to Lessee hereunder unless the same rights, privileges and concessions
are concurrently and automatically made available to Lessee
0. That on payment of the rent, fees, and performance of the covenants and agreements on the
part of Lessee to be performed hereunder, Lessee shall peaceably, hold and copy the leased premises
and all the rights and privileges herein granted.
E. Lessor warrants and represents that in the establLeiment construction and operation of the said
Denton Municipal Arport, that Lessor has heretofore anu at this Ume is complying with all existing rules,
regulations and criteria distributed by the Federal Aviation Agency, Civil Aeronautics Board, or any
1 other governmental authority 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 take-off and landing procedures from said
Denton Municipal Airport Lessor further warrants and represents that at all times during the term
hereof, or any renewal or extension of the same, that it will continue to comply with the foregoing,
XIV. COVENANTS BY LESSEE
t Lessee hereby agrees as follows. O O
A. To indemnify and hold harmless the Lessor from and against all loss and damages, including
death, personal injury, loss of property or other damages, arising or resulting from the operation of
LesseVs business in and upon the leased premises.
EZELL AVIATION, INC LEASE AGREEMENT - PAGE 17
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B. Not to make or suffer any waste to be made of the premises and will keep said premises neat,
clean and respectable condition, free from objectionable matter or thing.
C. To observe and comply with all current and future laws and ordinances and all regulations of
federal, state, county or city airport authorities or agencies having jurisdiewn over the conduct of
operations at the airport.
i
0. To keep adequate records of income and expenses and make such records reasonably
available, upon request, to the Director of Finance of the City of Denton, Texas.
E. Lessee will quit possession of all premises leased herein 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 condition
as existed when possession was taken by Lessee, reasonable wear and tear excepted.
F. Lessee shall, at its expense, procure all licenses, certificates, pennits, orother authorzation from
any and all govemmental aul' orities, if any, having jurisdiction over the operations of Lessee.
XV. MISCELLANEOUS PROVISIONS
A. Utilities, Lessee shall provide all ublifies for the premises leased to Lessee at its own cost and
expense. Utilities shah also include any secunty lighting required by Lessee for the convenience of
customers of Lessee. Lessee shall have the right to connect to the airport water line now existing and
to connect to any future utility lines at Lessee's expense.
B. Entire Agmement. This Agreement constitutes the entire understanding, between the parties
and as of its effective date supersedes all prior or independent Agreements between the parties
covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both
parties
C. Blndina ESL All the covenants, stipulations and agreements herein shalt extend to, bind and
inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto,
D. Severablllty. If a provision hereof 'r be finally declared void or illegal by any court or
administrative agency having jurisdiction, the L ire Agreement 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. NQt, Any notice given by one party to the other in connection with this Agreement shall be
in writing and shall be sent by registered mail, return receipt requested, with postage and registration I
• fees prepaid.
1. If to Lessor, addressed to:
I
City Manager
City of Denton
Denton, Texas 76201 ti
• • 0
EZELL AVIATION, INC. LEASE AGREEMENT • PAGE 16
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EZELL AVIATION. INC. TEL-817-559-3052 Apr 25,97 14:46 No.002 P.02
If to Lesses, addressed lo:
Mr. Nelsw, Fiat
Post OMOo Box 1703
Breckenriage, Texas 76424
Notices shall bo deemed to hart boon reeelved on the oils of receipt es shown on tha return receipt.
F. Sys. 1'4 headings used In this Agroomarf are intonded for eonveniencs of raferance only
and do not dafno or Hmh the scope
0. Abtn nlna l1,= i tils agreement is to be construed in a:cordanco wkh the laws of the Stets
of Texas.
IN WITNESS WHERCOF, the partloa have executed this Apreemerif ne is ere day and year Aral aaova wrmen.
CITY OF DENTON. LESSOR
BY:
TED BENAVIUES, CITY MANAGER
ATTEST:
JENNIFER WALTER, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM
HERBERT L. PROUTY, CITY ATTORNEY
BY
1
EZEII AVIAT70N, INCORPUHATEO
•
BY: S~*evr
NEL'O EZELL
TITLE: ~~d >/_.tl
t• EZELL AVIATION, INC. LEASE AGREEMENT - PACE 19 • •
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THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of 1997 by
Nelson Ezell, f
I
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires: _
i
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EZELL AVIATION, INC. LEASE AGREEMENT - PAGE N
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Agenda Item
0a1e •
CITY COUNCIL REPORT
I Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: May 6, 1997
SUBJECT: Consider adoption of an ordinance authori-fng the City Manager to execute a
contract for child abuse prevention services . ith the Children's Trust Fund and
with the Denton Family Resource Center, Inc. as a subcontractor, to provide a
family resource center and to make application to the Children's Trust Fund of
Texas to obtain a grant for a family resource center, ratifying the actions of the
City Manager, City Attorney, and other officials of the City in regard to this grant
applicatior., raid providing an effective date.
RECOMMENDATION-
Community Development staff and the Vision Denton, Family Resource Center Task
Force recommend approval.
SUMMARY:
Denton has been selected as a Family Resource Center demonstration site for fiscal year
1997 by the Children's Trust Fund of Te eas (c m. CTF «ill fund for four months not to
exceed $65,260 %kith the option to rene,v for two years.
The city will subcontract to the Denton Family Resource Center, Inc. to carry out the
project. The Vision Learn Cemmittee recently incorporated the organization and is
currently, working to obtain 501(c)(3) status.
BACKGROUND:
• The family center concept resulted from the Vision Denton process. The family center
ti ill serve as a hub for educational, support, rnd information and referral services for all r
parents and families. The grant sill be used to hire a director and secretary.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
O Beneficiaries of human service programs O
Local Human Services Agencies
Vision Denton
Community Development Staff
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FISCAL IMPACT:
The CTF grant requires a 10% local match for the first year that will total $6.526. A
combination of the following sources will be used as match: Community Development
administration funds previously set aside for a human services conference ($5,000),
volunteer hours ($1,500), and Vision Learn Committee monies ($5,000).
The CTF contract is a cost-reimbursement contract, based on the proposed budget which
is a part of this contract plan. Reimbursement requests of expenditures charged by the
contractor will be made monthly.
The services will be provided by the Denton Family Resource Center, Inc. (DFRC).
Payments to the DFRC will be based on a projection of monthly expenditures with
reconciliation at the end of the month.
Please advise if I can provide additional information.
RES TF t L1' S BMITTED: ,
Rick Svehla
Deputy City Manager
r
Prepared by:.,
1 ,
Derrick Collins
Human Services Coordinator ,
Attachments: Copy of the ordinance
Contract for Child Abuse Prevention Services with the Children's Trust Fund
Agreement between the City of Denton and Denton Family Resource Center, Inc.
•
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR CHILD ABUSE PREVENTION SERVICES WITH THE CHILDREN'S TRUST FUND
AND WITH THE D£NTON FAbIILY RESOURCE CENTER, INC., AS A SUBCONTRAC-
TOR, TO PROVIDE A FAMILY RESOURCE CENTER AND TO MAKE APPLICATION TO
THE CHILDREN'S TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY
RESOURCE CENTER; RATIFYING THE ACTIONS OF THE CITY MANAGER, CITY AT-
TORNEY, AND OTHER OFFICIALS OF THE CITY IN REGARD TO THIS GRANT AP-
PLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, with the passage of Resolution No. R97-008 on the 18'h day of February,
1997, the City Manager was authorized 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 City Council desires to authorize the City Manager to submit an appli-
cation to the CTF, seeking funding for the Family Resource Center; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION , That the City Manager is hereby authorized to make a grant application to
the CTF to seek funding to establish a Family Resource Center, to execute the grant application,
to make all certifications, and to execute the contract for child abuse prevention services with
CTF in substantially the form attached to this ordinance, and to execute all other contracts and
other documents necessary to obtain financing for the Family Resource Center from CTF. The
City Aitomey is further authorized to make such certifications as necessary.
i
SECTION II. That the City Manager is hereby authorized to enter into a contract with
the Denton Family Resource Center, Inc,, as a subcontractor under the contract with CTF, to
provide a Family Resource Center in substantially the form attached to this ordinance. The City
Manager is further authorized to make the expenditures set forth in both the contract with CIF
and the contract with Denton Family Resource Center, Inc.
i
• t SECTION 111. That all actions of the City Manager and the City Attorney in executing
j various documents and certifications with regard to said grant application are hereby approved
! and ratified.
SECTION IV. That the City Council has found and determined that the meeting at which
this ordinance is considered is open to the public and that notice thereof was given in accordance
• with the provisions of the Texas Open Meetings Act, Tex. Gov't Code ch. 551, as amended. 0
SECTION V. That this ordinance shall become effective immediately upon its passage
and approval.
3.
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PASSED AND APPROVED this the day of _ 11997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I
BY:
•
C l l%pdocebr8,ctf ordinance .
Page 2
rte. L., 6
116
~POMn.AfM 1,.1
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STATE OF TF.XAS 1 Farm 1009
COUNTY OF TRAITS I AJ" IM IIJ
CN1&cn & Trust Fund
of Tea.u C&iwl
CONTRACT FOR CHILD ABUSE PREVENTION SERVICES
Children's Trust Fund of Texas Council
Contract No. 355-04.7-0052
The Children's Trust Fund of Texas Council, hereinafter referred to as CTF, and the City of
Denton, a Texas municipal corporation, hereinafter referred to as the Contractor, do hereby
make and enter into this agreement, which constitutes the entire agreement between CTF and
the Contractor under the contract number referenced above.
1.
CTF is the Stale of Texas agency responsible for administering programs to prevent child abuse
and neglect in Texas. Chapter 74, Human Resources Code. permits CTF, subject to certain
limitations, to enter Into such agreements for the purpose of providing child abuse and neglect
prevention services. CTF and the Contractor make this agreement according to the following
mutual considerations:
]I.
The pa ties mutually agree:
A. The scope and coverage of the services to be provided by the Contractor under this
agreement, the program description and budget for these services, as well as other
necessary components, are described and limited in the attached Plan of Operation, which is
incorporated in thin agreement in its entirely by specific reference. The Plan of Operation
will be maintained on file with CTF as a part of this agreement. Any change, modification, or
amendment to, or renewal of, the Plan of Operation is not effective until approved in writing
by CTF. The original Plan of Operation together with any approved amendment maintained
on file by CTF will he the controlling instrument in case of any dispute relating to the wording
of any portion of the Pian of Operation or amendment. In the event that an amendment
approved In writing by CTF conflicts with the terms of the original Plan of Operation, the
amendment will control. A conflict between amendments will be decided in favor of the most
recently approved amendment.
B. This contract is a cost-reimbursement contract, based on the proposed budget which Is a pad
of this contract plan. Total reimbursement under the terms of this contract shall not exceed
the amount shown on the proposed budget and may be negotiated for !,.ss. Reimbursement r
request of expenditures charged by the contractor will be made olr CTF Monthly Expenditure
Documentation Form PG-026. Requests will be made regularly, at least monthly, and will be
submitted to the Children's Trust Fund office by the 15th day following the last day of the
month in which the service was provided.
J
97mntra progran n'&7n'xt
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U. Contractor shall defend, Indemnify to the extent the City of Denton is allowed to Indemnify
under the law, and hold harmless CTF and the Slate of Texas against any Ga(m, suit, or
proceeding brought against the State of Texas or CTF on the Issues of Infringement of any
copyright, trademark, patent, or other intellectual property rights, by any product pail,
supplied by the Contractor to CTF under this agreement. The Contractor will pay, subject to
limitations specified in this paragraph, any final judgment entered against the State of Texas
or CTF on this issue In any suit or proceeding defended by the Contractor. The Contractor at
its sole option will be relieved of this obligation if within 30 days after CTF receives notice,
CTF fails to notify the Contractor in writing of any claim, suit, or proceeding, and at the
Contractor's expense, give the Contractor all information needed to settle and/or defend any
Gaim, suit, or proceeding. The Contractor will report to CTF within 30 days and in
reasonable written detail, each notice of claim of copyright infringement based on the
performance of this agreement of which the Contractor has knowledge.
V. Not use funding under this contract to influence the outcome of elections or the passage or
defeat of any legislative measures.
W. All notices given regarding this contract shall be sent to the following addresses:
Children's Trust Fund of Texas City of Denton. Community Development Office
8929 Shoal Creek Blvd, Suite 200 (conrradorrume)
Austin, TX 78757-6854
100 W. Oak, Ste. 208
(address)
Denton. TX 76201
i
IV,
The Children's Trust Fund of Texas Council agrees lo:
Pay the Contractor for all services that arc rendered in accordance with the terms of this
agreement and its attached Plan of Operation, upon receipt of a CTF Monthly Expenditure
Documentation Form PG-026 after deducting any known previous overpayment made by
CTF. Total payments during the terra of this agreement will not exceed those detailed in the
attached Plan of Operation.
V.
i The following Instruments are attached:
Plan of Operation, Budget Form PG-014, and Timeline, Form PG-003. r
The following documents may be Incorporated Into and made a part of this contract as if fully set
out herein:
• • •
• City Council Ordinance, as necessary, 1
• Additional documents, if required
97caM'propartti deNOn
111110
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C. 1. Transfers between line items of a budget will be allowed without prior approval from CTF
if the transfers do not result in an increase or decrease of more than three thousand
dollars ($3000) Q 10% of the CTF contract amount, whichever amount is less. Any
transfers are for allowable items as defined by CTF and do not result in a significant
change in the character or scope of the program. The transfers must be described and
reported within 30 days by letter to CTF.
2. Transfers between line items of more than $3000 or 10% of the CTF Contract amount,
whichever is less, may be allowed under certain circumstances if requests for such
changes:
(a) are submitted in writing to CTF and approved prior to obligating the funds,
(b) ft within the scope of The contract and the total project budget,
(c) are beneficial to the achievement of project objectives, and
(d) appear to be a more effective use of state dollars.
3. CTF Is not obligated to pay an unauthorized cost or to pay more than the Contractors
allowable actual cost. Funds will not be available in excess of the total amount of the
reimbursable budget as originally approved or subsequently amended.
D. This agreement is subject to cancellation, either In whole or in part, and on the availability of
state and/or federal funds. If funds for the agreement become unavailable during any
budget period, and CTF is unable to obtain additional funds, then this agreement will be
terminated r r reduced. Termination under this section shall net subject CTF to a penalty or
other claims.
E. If the Contractor fails to provide services according to the approved Plan of Operation and
the provisions of this agreement, CTF may, upon written notice of default to the Contractor,
terminate all or any part of the agreement. The Contractor will have 30 days to show
compliance. Failure to comply will result in Immediate termination. Termination is not
necessarily an exclusive remedy but will be in addition to any other rights and remedies
provided by law or this agreement.
F. If federal or stale laws or other requirements are amended or judicially interpreted so that
either party cannot reasonably fulfill this agreement, or if the parties cannot agree to an
amendment that would enable its substantial continuation, the parties shall be discharged
from any further obligations Including reimbursement for authorized expenditures, under this
agreement. The respective accrued Interests or obligations Incurred up to the date of
termination, however, will be equitably settled.
G. Either party to this agreement may consider it to be canceled by giving 30 days r Vice in
writing to the other party. This agreement will be terminated at the end of the 30-day period,
unless the parties mutually agree in writing to continue the contract. Nothing In this
• paragraph shall be construed to prohibit immediate termination of The agreement pursuant to
paragraphs D, E, and F.
E
57cm4~'prognma'dmlon 4
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For the faithful performance of the terms of this agreement, the parties affix their signatures and
bind themselves effective upon signature of both patties, and continuing through the 31st day of J
August, 1997. The individuals whose signatures appear below are fully authorized to bind the
parties they represent.
CHILDREN'S TRUST FUND
OF TEXAS CUJNCIL Lit.Y.4LVnim
Contractor Name
Signature Date Signature Date
CTF Executive Diredor _
Title Title
_ sw q//~? ~y7
✓ OR
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If agreement is fared: CTF and Contractor agree that this contract will be considered signed when the
signature of a party is delivered by facsimile transmission. Signatures transmitted by facsimile shall have
the same effect as original signatures.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTOR17EY
BY:
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PLAN OF OPERATION OUTLINE
1. Problem
The Vision Denton Learn Committee was formed to define how education in Denton will work
for its citizens in the neat century. After months of research, the committee agreed on the
following statements:
• education at all levels is critical to an individual's effectiveness as they move through the
life cycle,
• healthful family life encourages and supports education,
• a community's health and well-being are a reflection of its citizen's health and well-
being,
• conscious, effectively integrated support programs for families contribute to citizens'
health and well-being, and
• education improves as the health and well being of the citizenry improves.
These fac?s led to the development of the Family Resource Center Task Force whose mission is
to ensure that all families have access to information and assistance regarding the education,
health, and general well being of their children by developing and utilizing a Family Resource
Center. Thus, the idea for a Family Resource Center did not develop because of a specific
problem. It began as a proactive decision to shape our community. We have taken an asset
oriented approach that views families, organizations, and institutions, formal and informal, as
resources that can contribute to the health of the community.
if. Target Population
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The Family Resource Center Task Force visualized a family life center that would serve as a hub
for educational, support, and information and referral services for all parents and famflies in the
City of Denton. Through this approach families, schools, and family service agencies can
become partners in a proactive approach to family development
Denton is a city of 66,270 residents located 37 miles north-northwest of Dallas and 35 miles
north-northeast of Fort Worth. Denton is the county seat of Denton County, the fastest growing
• county in the state of Texas (1990 Census). The ethnic composition is 81% Anglo, 9% Black, 2%
Asian and Pacific Islander, and 8% Hispanic. The Hispanic population is rapidly increasing
mirroring the population trend throughout Texas. The projected population for Denton in the year
2000 is 79,385. The median family income is $35,444 and 10% of Denton families live below
the poverty line. According to 1990 Census 18% of the 13,786 families in Denton are single
parent households. Of the female head of households with children five and younger, 54.7% live
• in poverty. ® •
The Denton Indepen4'ent School District has approximately 12,500 students with a longitudinal
dropout rate of 1.4%. llowev.r, 30% of students have been identified at risk of dropping out. In
addition, DISD has assessed the school readiness of kindergarten and first grade students and
9.
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23% were not school ready.
The task force estimates that 100 parents and 50 children will be served in the first year. Parents
and families will be recruited through schools and universities, social service organizations, civic
groups, religious organizations/institutions, mass media outlets, business organizations
III. Coals and Objeclivcs
The goal of the Denton Family Resource Center (DFRC} is to strengthen and support families.
DFRC seeks to provide assistance to build family skills and assist parents in improving their
capacities to be supportive and nurturing parents; encourage parent involvement in children's
learning, development, and education; help parents develop and strengthen support networks that
enhance effective parenting; encourage development and effective use of community resources
for families; and help prevent child abuse, family violence, and other negative family outcomes.
The task force is currently awaiting the results of a needs assessment conducted in coordination
with The University of North Texas Survey Research Center. Key informant interviews with
knowledgeable individuals who represent the diversity of the community havc been completed.
The Task Force is conducting focus groups with hard to reach parents and residents. In addition,
the Survey Research Center will complete a random sample survey of residents and a family {
service provider survey.
A collaboration conference is being planned and will be funded by the Vision Learn Committee
to facilitate coordination of information and referral services. Regular meetings of a Family
Resource Network, with representatives from organizations in the community, will be initiated at
the conference to improve community life for families, to improve access for family members,
and to facilitate families advocating for themselves and their children.
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Results from the needs assessment and collaboration conference will help provide direction and
focus for the goals and objectives of DFRC.
IV. Plan orAction
• The following list contains activities that will take place during the first year of operation. The
tasks have been divided into five categories: Board of Directors, Administration, Program,
Evaluation and Funding and Public Relations, The timeline details these activities further.
Board of Directors
• Incorporate DFRC
• Hire an Executive Director • •
• Orient board members regard;ng their role and the organization's expectations
• Select officers, committee structure and schedule of meetings
Administration
• Secure location and equipment
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• Prepare three-year strategic plan
• Develop office and personnel policies and insurance needs
• Develop financial management system
program
• Determine staff needs, advertise, and select qualified staff
• Identify sources of materials needed for the referral and information resource
room
• Plan outreach strategies
• Conduct community awareness activities about available services and volunteer
opportunities
• Train staff and volunteers
• Select curricula materials for parent classes
• Network with community agencies
• Community-wide collaboration conference
• Establish Parent Advisory Council
Evaluation
• Work with consultants to design an evaluation plan
Fug and Public Relations
• Work with administration staff to access ongoing funding
• Plan fund raising events
• Contact media outlets
V, Key Individuals
ne Director will have the following responsibilities:
providing general management and oversight of DFRC office operations and staff; organizing
community support for DFRC projects'programs; working with the community to establish goals
and priorities; designing an evaluation plan; identifying potential funding sources; and
developing and coordinating primary service delivery with emphasis placed on parent education,
early childhood intervention, and family support.
The Board of Directors will be representative of the people, cultures and values of the
community and committed to achieving the goals of DFRC. The Board will be responsible for
policy making and the financial system of DFRC. It is anticipated that the board will share fund-
raising and marketing duties with the Director.
A Parent Advisory Council will be formed to plan, evaluate and guide the center in being a place
where any parent will feel comfortable, and where they can be assured that a knowledgeable and • l
helpful professional staff can help meet their interests and needs. The establishment of a parent
phone network will be an initial objective.
Volunteers will play an essential role in the center. Individuals will be encouraged to donate their
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skills and special talents. This will allow all community groups to participate in the center,
creating ownership that will help ensure success.
VI. Expectations
Expectations for the project include prevention of child abuse and neglect; improving parent
learning and capacity as well as other family members; encouraging development and effective
use of community resources; encouraging parent in• olvement in children's learning,
development, and education; increasing the number of referrals and families served; increasing
student achievement; and empowering parents to provide leadership and make decisions
affecting the direction of the Center.
VII. Program Evaluation
A brief framework of the evaluation model is described below. The steps are contingent upon the
identification of community needs that will determine Center goals and objectives: l) Identify
Program Goals and Objectives; 2) Define Evaluation Questions; 3) Define Information needed to
answer questions; 4) Identify Information Users; 5) Plan Method(s) of collecting
information1data; 6) Collect Data; and 7) Data Analysis and Evaluation Report.
Steps 1-5 should be completed during the 1st quarter of the year. It is suggested that data will be
collected in-house as well as outside the agency to determine effectiveness and satisfaction of
referring agencies as well as parents. This evaluation may be accomplished by Center
stakeholders and a University consultant. It is an ongoing process that develops over time
requiring activity throughout the year. The end result will be an evaluation that is continuous and
flexible. Center staff, volunteers and parents will clearly understand the purpose and their roles in
successfully carrying out the evaluation plan.
The City of Denton and the Denton Family Resource Center agree to participate fully in CTF
statewide evaluation of funded programs. It is understood that compliance with the evaluation is
a condition of Funding. This participation may include: 1) assistance in development of
evaluation instruments and reporting forms, 2) attendance at training sessions, 3) timely
submission of accurate data, 4) access to program clients and participants, 5) adherence to
evaluation protocols and procedures, and 6) cooperation with requests from CTF and CTF
program evaluators. Data are likely to include: 1) quarterly reports that include: summaries of
program activities, types of services offered, numbers and characteristics of people served; 2)
client/participation outcomes that include: program satisfaction, measures of knowledge,
attitudes and behavior; and 3) agency records related to expenditures and administration of
programs.
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C'hlldrtn', Tmv Fund FORM PG-003 g
OrTnu
ACHILDREN'S TRUST FUND OF TEXAS
Timeline
February 1, 1997 - August 31, 1997
Conuixt # _
List the specific action steps to be Completed in implementing the proposed plan of operadon. Indicate %ith "S" the Starting date of each step and with "X"
the anticipated completion date.
ACTION STEPS SEP OCT -NOV DEC JAN FED MAR APR MAY JUN JUL AUG
11 11 1i of IT 97 11 17 IT 17 IT 17
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Hire Director and Secret&ry S X
. S X
Establish and meet with Parent Advisory Council
Establish and meet with Board of Directory S X
Securc. equipment S X
,x
Secure temporary l.ocattoa • S
Community awareness anttvitiee S
Evaluation system initiated S
Meet with Parent Advisory Council . . . S
Meet with Board of Directors S
Network with Community Organizations S
1 Develop parenting article files/UNT Graduate Students S X
Plan Info and Referral Network S
Collaborate w/County Extension for Family Life Educat! n. . S
0 Open house for Community S
Weekly Parent Coffee Chats/Phone Tree Development
S
Parent Education cutreach classes
Community-wide collaboration conference S X
Family resource network provider meetings S
Plan programming based on evaluation and parents S
Annual evaluation report X
S
• Family satisfaction report
Agency collaboration report on center effectiveness X
Planning for permanent site S ' X
Review and plan implications from Community needs
asaesement S X
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f., l:l%FORAtS'F ROO"N SPG-007,DOC
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Apr-03-37 02:36P P.03
CHILDREN'S TRUST FUND OF TEXAS
Contract Budget
{Form R-3000}
August 31, 1997
40L
Agency Name: City of Denton, Coo=unity Development Office
LINE ITEMS CTF AMOUNT LOCAL MATCH TOTAL PROGRAM
COST
Personnel - Salaries 423,331 $23,331
49,124 $9,124
Personnel • Fringe Benefits
Travelffri ingfor $1,500-Austin $159 -Volunteer fl urs
Staf(Notunteers $5.000-Martin $4,776-'[raining $23.867
W'000 connsitt*4
Consumable Office/Program
Supplies $4,166 $4,166
Other: Teephone $2,000 $2,400 1
$1,667 $1,667
Postage
PrinlinglDuplicalion $1,667 $1,667
$5,805-incentives child care $5,805
(25 approved)
GRAND TOTAL $65,260 $6,361 $71,627
- Total Program costs rerect the expenditures for activities in your ptan of operation.
- All amounts should be shown In whole dollars,
- This form must be typewritten and will be included In the contract.
• -A minimum match or 10% of the CTF grant amount is required forthe first year of funding, 2496 for the
second year and 50% for the third year.
Expenses not reimbursable from CTF funds or used as match are:
• Oface space rental
• Real estate payment
• Utility payment
- Equipment purchase _
• - Vehicle rental or purchase • ~
Office furniture rental or purchase
InVect costs such 05 administrative overhead, fundraising expenses, insurance, JanCorial services
or other capital expenditures
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1996 - 1997 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND DENTON FAMILY RESOURCE CENTER, INC.
This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule
municipal corporation, hereinafter referred to as "City", and the Denton Family Resource Center, Inc.,
a non-profit corporation, 1213 Locust Street, Suite L(l), Denton, Texas 76201, hereinafter referred
to as "Organization";
WHEREAS, City has determined that the proposal for services merits assistance and can pro-
vide needed services to citizens of City and has accepted funds from the Children's Trust Fund of
Texas ("CTF") for the purpose of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
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Organization shall in a satisfactory and proper manner perform the following tasks, for which
the monies provided by City may be used:
Provide a Family Resource Center to offer access to information and assistance regarding the
education, health, and general well-being of their children.
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Organization shall perform those services described in the Plan of Operation herein attached as
Exhibit A.
1I. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following terms
and conditions:
A. A sum not to exceed Sixty-five Thousand Two Hundred Sixty Dollars (565,260) may be paid
to Organization by City on a reimbursement basis, subject to payment of money to the City
• by CTF on a cost-reimbursement basis in accordance with that certain Contract for Child
Abuse Prevention Services Children's Trust Fund of Texas Council between the City and
CTF, hereinafter referred to as "CTF Contract". The only expenditures reimbursed from
these funds shall be those in accordance with the project budget, attached hereto as ExMb;t
B and incorporated herein by reference, for those expenses listed in the scope of services as
provided herein. Organization shall not utilize these funds for any other purpose.
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B. Organization will establith, operate, and maintain an account system for this program that will
allow for a tracing of funds and a review of the financial status of the program. The system will
be based on generally accepted accounting principles as recognized by the American Institute
of Certified Public Accountants.
C. Organization will permit authorized officials of City to review its books at any time.
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D. Organization will reduce to writing all of its rules, regulations, and policies and file a copy with
City's Community Development Office along with any amendments, additions, or revisions
whenever adopted,
E. Organization will not enter into any contracts that would encumber City funds fora period that
would extend beyond the term of this Agreement.
F. Organization will promptly pay all bills when submitted unless there is a discrepancy in a bill;
any errors or discrepancies in bills shall be promptly reported to City's Executive Director of
Finance, or her authorized representative, for further direction.
G. Organization will appoint a representative who will be available to meet with City's Executive
Director of Finance and other City officials when requested.
If. Org nization will establish a method to ensure the confidentiality of records and other informa-
tion relating to clients subject to applicable federal and state law, rules, and regulations, includ-
ing but not limited to the Public Information Act, chapter 552 of the Texas Government Code.
Client information shall only be released in accordance with the decision of the Office of the
Attorney General.
1. Organization will indemnify and hold harmless City, its officers and employees, from any and
all claims and suits arising out of the activities of Organization, its employees, and/or contrac-
tors.
J. Organization will submit to City copies of year-end audited financial statements.
K. Organization shall fully comply with all the requirements of the CTF Contract, including,
without limitation, all the requirements and federal and state law, rules, regulations, and guide-
lines, and all the requirements of Section Ill of said CTF Contract, a true and correct copy of
which is attached to this Agreement as Exhibit C and made a part of this Agreement for all pur-
poses. In particular, Organization agrees to do the following:
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I. Adhere to federal and state law, rules, regulations, and guidelines provided in the CTF
Handbook and Guide to Procedures for Grants made available on an annual basis.
2. a. Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88.352), Section 504
of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act
O of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed O
by the regulations issued pursuant to these acts. These provide, in part, that no persons in
the United States shall, on the grounds of race, color, national origin, sex, age, disability,
political beliefs, or religion be excluded from participation in, or denied, any aid, care,
service, or other benefits provided by federal and/or state funding, or otherwise be sub-
jected to discrimination.
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b. Comply with the requirements of the Immigration Reform and Control Act of 1986
regarding employment verification and retention of verification forms for any individu-
als hired on or after November 6, 1986, who AA perform any labor or services under
any contract between Organization and City.
c. Comply with Health and Safety Code §85.113 (relating to workplace and confidenti-
ality guidelines regarding AIDS and HIV).
3. Comply with appropriate state licensing or certificr.tion requirements and with standards
prescribed by the Secretary of the United States Department of Health and Human Services.
4. a. Report any suspected case of abuse or neglect to the Texas Department of Protective and
Regulatory Services (DPRS) or a local law enforcement agency office as required by Act
of April 20, 1995, 74" Leg., Reg. Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260
(Vernon) (to be codified as Tex. Fam. Code Ann. §26 L 101 et seq.).
b. Verify and disclose, or cause its employees and volrmteers to verify and disclose, crimi-
nal history and any current criminal indictment involving an offense against the person, an
offense against the family, or an offense involving public indecency under the Texas Penal
Code as amended, or an offense under the Texas Controlled Substances Act, Tex. Rev. Civ.
Stat. Ann. art. 4476.15 as amended. This verification and disclosure will be required of all
who have direct contact with clients.
5. Be subject to an audit by a Certified Public Accountant and provide a copy of the audit to
City and CTF. Organization is expected to create and maintain adequate and auditable fis-
cal records, such as annual financial statements, tax returns, and agency budgets may be re-
quired and shall be made available to City or CTF upon request,
6. Use generally accepted accounting procedures as recognized by the American Institute of
Certified Public Accountants and follow CTF financial management policies and proce-
dures in maintaining fiscal records required to be kept under this Agreement.
• 7. Hold the CTF of Texas and City harmless and indemnify the CTF Council and City, their
officers, and employees, from and against all claims, demands, and causes of action which r
may be asserted by any third party in connection with the performance of contracted serv-
ices.
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8. Provide services in accordance with the Plan of Operation and allow CTF and City to ,
• monitor same. Some possible methods may include on-site visits, document review, ques-
tionnaires, or intervfews.
9. Participate Ailly in any evaluation study of this program authorized by CTF or City.
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10, Not transfer or assign this Agreement without the prior written consent of CTF and City.
CTF and City shall not transferor assign this Agreement without consent of Organization.
Transfer or assignment without prior written consent of either party may result in termina-
tion of the Agreement in accordance with Section IIG of the CTF Contract.
11. Establish a method to ensure the confidentiality of records and other information relating
to clients subject to applicable federal and state laws, rules, and regulations, including but
not limited to the Public Information Act, chapter 552 of the Texas Government Code. Cli-
ent information shall only be released in accordance with the decision of the Office of the
Attorney General.
12. a. Submit billings for services and statistical documentation as required by CTF and City
to be received on the 15' day following the last day of the month in which the service is
provided. Non-receipt of the required billing and statistical documentation by this date will
be considered failure to comply with the Agreement. Failure to comply is valid justifica-
tion for immediate termination of this Agreement and/or nonpaymentof the billings or any
portion of the billings that are not received within the specified time limit. The Organiza-
tion further agrees to certify the amount of local financial participation directly supporting I
the service being purchased with each request for payment submitted to CTF and City for
reimbursement.
b. Submit performance reports quarterly or as requ red by CTF and City to be received by
the 15" day following the last day of each quarter in wFilch the service is provided. Non-
receipt of the required performance reports will be considered failure to comply with the
Agreement. Failure to comply is valid justification for immediate termination of this
Agreement. The Organization agrees that the information submitted is true and accurate.
The Organization further agrees to supply documentation to City for the purposes of veri-
fying reported information if requested.
13. Make available at reasonable times and for reasonable periods client records, books, and
supporting documents pertaining to services provided for inspecting, monitoring, auditing,
• or evaluating by CTF and City personnel or their representatives. j
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14. Maintain and keep financial and supporting documents, statistical records, and other records
pertinent to the services for which a claim was submitted. The records and documents will
be kept for a minimum of four (4) years after the termination of the Agreement. If any liti-
gation, claim, or audit involving these rccords'oegins before the four-year period expires, ,
0 the Organization will keep the records and documents for not less than four (4) years and { • •
until all litigation, claims, or audit findings are resolved. The case is considered resolved
when a final order is issued in litigation, or a written agreement is entered into between
CTF and City and City and Organization. Organization will keep records of nonexpendable
property acquired under the Agreement for four (4) years after final deposition of the prop-
erty. Contract period means the beginning date through the ending date specified in the
original agreement; extensions are to be separate contract periods. The contract period of
Page 4 pp
.,.....-...-may '--~.i+r•::~--•r,--•ri++r~w~.~~.+~
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an original agreement or renewal shall not exceed one year in duration. A contract may be
renewed only twice, unless certain circumstances as determined by the CTF Council and
City require an extension of the period.
15. Account for program income related to projects financed in whole or in part with state
funds or implemented on behalf of the CTF program. Program income means gross income
earned by the Organization from contract-supported activities. Program income earned
during the contract period shall be retained by the Organization and, in accordance with the
Agreement, shall be:
• Added to funds committed to the program by CTF and City and Organization and
be used to further eligible program objectives; or
• With prior approval, used to finance the local match share of the program.
Records must be maintained to indicate deposit of funds back to the Children's Trust Fund
of Texas program. If more than one source provides monies for activities generating pro-
gram income, amounts deposited must be pro-rated.
16. Notify CTF and City immediately of any significant change affecting the Organization and
Organizations identity, such as ownership or control, name change, governing board mem-
bership, vendor identification number, and personnel changes affecting the contracted
services. Changes must be provided in writing to CTF and City within 10 working days
after the changes are effective.
17. Refrain from entering into any subcontract for services without prior approval in writing
by CTF and City of the qualifications of the subcontractor to perform and meet the stan-
dards of this Agreement and its attached Plan of Operation. All subcontracts entered into
by the Organization will be subject to the requirements of this Agreement. The Organiza-
tion agrees to be responsible to CTF and City for the performance of any subcontractor.
18. Be responsible for any audit exception or other payment irregularity in the program covered
• by this Agreement, and all subcontracts, which is found after monitoring or auditing by
CTF and City or the United States Department of Health and Human Services, and be re-
sponsible for the collection and proper reimbursement to CTF and City of any amount paid
in excess of the proper billing amount.
19. Please prominent notices allowing the funding Organization receives from CTF and City
® in all of its literature that describes services covered by this Agreement. These notices will O
also app,-ar in the Organization's annual report, if any.
20. P,%;Knowledge CTF and City copyright ownership for all materials, published and unpub-
lished, that are created with CTF and City funds. All original works of authorship created
using CTF and City funds shall be deemed a work-made-for-hire. CTF shall own the copy-
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right and all other rights in such a work. In the event that it is determined not to be a work-
made-for-hire, Organization hereby assigns all rights in the works, including any copyright,
to CTF. CTF agrees to provide the developer of the work a non-exclusive, royalty-free li-
cense to use, reproduce, display, and distribute the work. CTF shall be a co-owmer of the
copyright of a work that is created with more than one source of funding as provided by the
Unitci; States Copyright Law. CTF has the right to use, reproduce, and distribute any mate-
rial written or produced by the Organization that is the subject of this Agreement. If the
Organization is no longer in operation for any reason, all materials produced with CTF 3
funds must be returned to CTF, or, with CTF and City approval, may be transferred to an-
other agency.
21. Organization shall defend, indemnify, and hold harmless CTF, City and the State of Texas
against any claim, suit, or proceeding brought against the State of Texas, CTF, or City on
the issues of infringement of any copyright, trademark, patent, or other intellectual property
rights, by any product part, supplied by Organization to CTF or City under this Agreement.
The Organization will pay, subject to limitations specifled in this paragraph, any final
judgment entered against the State of Texas, CTF, or City on this issue in any suit or pro-
ceeding defended by the Organization. The Organization, at its sole op;ion, will be relieved
of this obligation if within 30 days after CTF and City receive notice, CTF and City fail to
notify the Organization in writing of any claim, suit, or proceeding, and at the Organiza-
tion's expense, give the Organization all information needed to settle an/or defend any
claim, suit, or proceeding. The Organization will report to the CTF and City within 30 days
and in reasonable written detail, each notice of claim of copyright infringement based on
the performance of this Agreement of which the Organization has knowledge.
22. Not use funding under this Agreement to influence the outcome of elections or the passage
or defeat of any legislative measures,
23. All notices given regarding this Agreement shall be sent to the following addresses:
Children's Trust City -f tventon Denton Family Resource
Fund of Texas Community Development Office Center, Inc.
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• 8929 Shoal Creek Blvd. 100 W. Oak, Suite 208 1213 Locust Street
Suite 200 Denton, Texas 76201 Suite L(I) r
Austin, Texas 78757-6854 Denton, TX 76201 '
Ill. TIME OF PERFORMANCE
• The services funded by City shall be undertaken and completed by Organization within the fol-
lowing time frame: '
April 1, 1997 through September 30, 1997, unless the contract is sooner terminated under Sec-
tion VII "Suspension or Termination".
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IV. PAYMENTS
A. Payments to Organization. City shall pay to Organization a maximum amount of money not
to exceed Sixty-five Thousand Two Hundred Sixty Dollars ($65,260) for services rendered un-
der this Agreement, contingent on receipt of funds by City from CTF under the CTF Contract.
Payments will be based on a projection of monthly expenditures with reconciliation at the end
of the month. Documentation of expenditures must be submitted to the Community Develop-
ment Office by the 10 b day following the last day of the month in which the service was pro-
vided. Organization's failure to provide the information on a timely basis, rrav Poparnize pres-
ent or future funding.
B. Costs shall be considered allowable only if incurred directly specifically in the performance of
and in compliance with this Agreement and in conformance with the standards and provisions
of Exhibits A and B.
C. Approval of Organization's budget, Exhibit B, does not constitute prior written approval, even
though certain items may appear herein. City's prior written authorization is required in order
for the following to be considered allowable costs:
1. Encumbrance or expenditure during any one month period which exceeds one-fourth (114)
of the total budget as specified in Exhibit B.
2. City shall not be obligated to any third parties, including any subcontractors of Organiza-
tion, and City funds shall not be used to pay for any contract service extending beyond the
expiration of this Agreement.
Written requests for prior approval are Organization's responsibility and shall be made within
sufficient time to pcrtnit a thorough review by City. Organization must obtain written approval
by City prior to the commencement of procedures to solicit or purchase services, equipment,
or real or personal property. Any procurement or purchase which may be approved under the
terms of this Agreement must be conducted in its entirety in accordance with the provisions of
this Agreement.
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D. Excess Payment, Organization shall refund to City within ten (10) working days of City's f
request, any sum of money which has been paid by City and which City at any time thereafter
determines:
1. has resulted in overpayment to Organization; or _
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2. has not been spent strictly in accordance with the terms of this Agreement; or
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3. is not supported by adequate documentation to fully justify the expenditure.
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E. Deobligation of Funds. In the event that actual expenditures deviate from Organization's
provision of a corresponding level of performance, as specified in Exhibit A, City hereby re-
serves the right to reappropriate or recapture any such under expended funds.
F. Contract Close Out. Organization shall submit the contract close out package to City, together
with a final expenditure report, for the time period covered by the last invoice requesting reim-
bursement of funds under this Agreement, within fifteen (15) working days following the close
of the contract period. Organization shall utilize the form agreed upon by City and Organiza-
tion.
V. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of Organization realized
from activities resulting from this Agreement or from Organization's management of funding
provided or income from interest, usage or rental or lease fees, income produced from contract-
supported services of individuals or employees or from the use or sale of equipment or facilities
of Organization provided as a result of this Agreement, and payments from clients or third par-
ties for services rendered by Organization under this Agreement.
B. Organization shall maintain records of the receipt and disposition of program income in the
same manner as required for other contract funds, and reported to City in the format prescribed
by City. City and Organization agree d. it any fees collected for services performed by Organi-
zation shall be spent only for service provision. These fees or other program income will be de-
ducted from the regular payment request.
C. Organization shall include this Section in its entirety in a?I of its sub-contracts which involve
other income-producing services or activities.
D. It is Organization's responsibility to obtain from City a prior determination as to whether or not
income arising directly or indirectly from this Agreement, or the performance thereof, consti-
tutes program income. Organization is responsible to City for the repayment of any and all
amounts determined by City to be program income, unless otherwise approved in writing by
• City.
Vl. EVALVATIQ
Organization agrees to participate in an implementation and maintenance system whereby the
services can be continuously monitored. Organization egrees to make available its financial records
• for review by City at City's discretion. In addition, Organization agrees to provide City the following 0 •
data and reports, or copies theteoE
A. All external or internal audits. Organization shall submit a copy of the annual independent audit
to City within ten (10) days of receipt. Audit will be conducted by a certified public accountant.
B. All external or internal evaluation reports.
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C. Quarterly performance/beneficiary reports to be submitted in January, April, July and Septem-
ber.
D. Organization agrees to submit quarterly financial statements in January, April, July, and Sep-
tember. Each statement shall include current and year-to-date period accounting of all revenues,
expenditures, outstanding obligations and beginning and ending balances.
E. An explanation of any major changes in program services.
F. To cornply with this section, Organization agrees to maintain records that will provide accurate,
current, separate, and complete disclosure of the status of funds received and the services per-
formed under this Agreement. Organization's record system shall contain sufficient documenta-
tion to provide in detail full support and justification for each expenditure. Organization agrees
to retain all books, records, documents, reports, and written accounting procedures pertaining
to the services provided and expenditure of funds under this Agreement for the period of time
and under the conditions specified by the City.
G. Nothing in the above subsections shall be construed to relieve Organization of responsibility
for retaining accurate and current records which clearly reflect the level and benefit of services
provided under this Agreement.
VII. DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver to City copies of all notices of
meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be
delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. Organization understands and agrees that City's representa-
tives shall be afforded access to all meetings of its Board of Directors.
I
Minutes of all meetings of Organization's governing body shall be available to City within ten
(10) working days of approval. {
• VIII. SUSPENSION OR TERMINATION
A. The City may temvinate this Agreement with cause if the Organization violates any covenants,
agreements, or guarantees of his Agreement, the Organization's insolvency or filing of bank-
ruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to
• which it is bound under the terms of this Agreement. -
B. This agreement is subject to cancellation, either in whole or in part, and on the availability of
state and/or federal funds. If funds for the agreement become unavailable during any budget pc-
riod, and CTF is unable to obtain additional funds, then this agreement will be terminated or re-
duced. Termination under this section shall not subject CTF to a penalty or other claims. I
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C. The City may terminate this Agreement for convenience at any time. If this Agreement is
terminated for convenience by the City, Organization will be paid an amount not to exceed the
total amount of accrued expenditures as of the effective date of termination. In no event will
this compensation exceed an amount which bears the same ratio to the total compensation as
the services actually performed bean to the total services of Organization covered by the
Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions precedent to
the resumption of funding and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any unexpended City funds. Acceptance
of these funds shall not constitute a waiver of any claim City may otherwise have arising out
of this Agreement.
IX. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days
of the effective date of this Agreement.
B. Organization shall comply with all applicable equal emaployment opportunity and affirmative
action laws or regulations.
C. Organization will comply wish Tit".- r ! .fights Act of 1964 (Public Law 88-352),
Section 504 of the Rehabilitation .",ct ire Law 93.112), the Americans with Dis-
abilities Act of 1990 (Public Law 101• 1% alI amendments to each, and all requirements
imposed by the regulations issued pursuant to these acts. These provide, in part, that no persons
in the United States shall, on the grounds of race, color, national origin, sex, age, disability, po-
litical beliefs or religion be excluded from participation in, or denied, any aid, care, service, or
other be nefits provided by federal and/or state funding, or otherwise be subjected to discrimina-
i
tion.
O D. Comf iy with the requirements of the Immigration Reform and Control Act of 1986 regarding
employment verification and retention of verification fumy for any individuals hired on or afler
November 6, 1986, who will perform any labor or services under any contract between CTF and
the Contractor.
E. Comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality
• guidelines regarding AIDS and HIV).
F. Comply with appropriate state licensing or certification requirements and with standards pre-
J scribed by the Secretary of the United States Departmen! of Health and Human Services.
G. Report any suspected case of abuse or neglect to the Texas Department of Protective and
Regulatory Services (DPRS) or a local law enforcement agency office as required by Act of
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April 20,1995, 74th Leg.,, Reg. Sess., ch. 20, § 1, 1995 Tex. Sess. Law Serv. 113, 260 (Vernon)
(to be codified as Tex. Fain. Code Ann. '261.101 et seq).
H. Verify and disclose, or cause its employees and volunteers to verify and disclose, criminal
history and any current criminal indictment involving an offense against the person, an offense
against the family, or an of vnse involving public indecency under the Texas Penal Code as
amended, or an offense under the Texas Controlled Substances Act, Tex. Rev. Civ. Stat. Ann.
Art. 4476-15 as amended. This verification and disclosure will be required of all who have di-
rect contact clients.
1. Organization will furnish all information and reports requested by City, and will permit access i
to its books, records, and accounts for purposes of investigation to ascertain compliance with tl!
local, State and Federal rules and regulations.
J. In the event of Organization's non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole or in part, and Organization
may be barred from fimher contracts with City.
X. WARRANTIES
ORGANIZATION represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and furnished to City,
are complete and accurate as of the date shown on the information, data, or repots, and, since
that date, have not undergone any significant change without written notice to City.
B. Any supporting financial statemer.ts heretofore requested by City and furnished to City, are
complete, accurate and fairly reflect the financial conditions of Organization on tht. date shown
cn said report, and the results of the operation for the period covered by the report, and that
since said data, there has been no material change, adverse or otherwise, in the financial condi-
tion of Organization.
O C. No litigation or legal proceedings are presently pending or threatened against Organization.
D. Ncne of the provisions herein contravenes or is in conflict with the authority tinder which
Organization is do,.ng business or with the provisions of any existing indenture or agreement
of Organization.
E. Organization has the power to enter into this Agreement and accept payments hereunder, and I~ O •
has taken all necessary fiction to authorize such acceptance under the terms and conditions of
this Agreement
F. None of the assets of Organization are subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements furnished
by Organization to City.
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Each of these representations and warranties shall be continuing and shall be deemed to have been
repeated by the submission of each request for payment.
XI. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment exccuted by both parties, except when the terns of this Agreement expressly pro-
vide that another method shall be used.
B. Organization may not make transfers between or among approved line-items within budget
categories set forth in Exhibit B without prior written approval of the Community Development
Administrator for the City. Organization shall request, in writing, the budget revision in a form
prescribed by City, and such request for revision shall not increase the total monetary obligation
of City under this Agreement. In addition, budget revisions cannot significantly change the na-
ture, intent, or scope of the program funded under this Agreement.
C. Organization will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the total lev-
els contained in any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws
or regulations pursuant hereto may occur during the term of this Agreement. Any such modifi-
cations are to be automatically incorporated into this Agreement without Kritten amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
E. City may, from time to time during the term of the Agreement, request changes in Exhibit A
which may include an increase or decrease in the amount of Organization's compensation. Such
changes shall be incorporated in a written amendment hereto, as provided in Subsection A of
this Section.
• F. Any alterations, deletions; or additions to the Contract Budget Detail incorporated in Exhibit
B shall require the prior written approval of City.
& Organization agrees to notify City of any proposed change in physical location for work per-
formed under this Agreement at least thirty (30) calendar days in advance of the change.
® H. Organization shall notify City of any changes in personnel or governing board composition. •
1. It is expressly understood that neither the performance of Exhibit A for any program contracted
hereunder nor die transfer of funds between or among said programs will be permitted.
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XII. INDEAfNIFICATION
A. It is expressly understood and agreed by both parties hereto that City is contracting with
Organization as an independent contractor and that as such, Organization shall save and
hold City, its officers, agents and employees harmless from all liability of any nature or
kind, including costs and expenses for, or on account of, any claims, audit exceptions, de-
mands, suits or damages of any character whatsoever resulting in whole or in part from
the performance or omission of any employee, agent or representative of Orgaulzation.
B. Organization agrees to provide the defense for, and to indemnify and hold harmless City
its agents, employees, or contractors from any and all claims, suits, causes of action, de-
mands, damages, losses, attorney fees, expenses, and liability arising out of the use of these
contracted funds and program administration and implementation except to the extent
caused by the willful act or omission of City, its agents or employees.
X111. INSURANCE
A. Organization shall observe sound business practices with respect to providing such bonding and
insurance as would provide adequate coverage for scrrices offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees
conducting these activities, shall be covered by premise liability insurance, commonly referred
to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Or-
ganization, City may, at its sole discretion, approve alternate insurance coverage arrangements.
C. Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for pro-
gram participants, if applicable.
D. Organization will maintain adequate and continuous liability insurance on all vehicles owned,
leased, or operated by Organization. All employees of Organization who are required to drive
a vehicle in the normal scope and course of their employment must possess a valid Texas
• Driver's license and automobile liability insurance. Evidence of the employees ci.rent posses-
sion of a valid license and insurance must be maintained on a current basis in Organization's
files.
E. Actual losses are not covered by insurance as required by this Section are not allowable costs
under this Agreement, and remain the sole responsibility of Organization.
F. The policy or policies ofinsurance shall contain a clause which requires that City and Organiza-
tion be notified in writing of any cancellation or change in the policy at least thirty (30) days
prior to such change or cancellation.
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XIV. CONFLICT OF MEREST
A. Organization covenants that neither it nor any member of its governing body presently has any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement. Organization further covenants that
in the performance of this Agreement, no person having such interest shall be employed or ap-
pointed as a member of its governing body.
B. Organization further covenants that no member of its governing body or its staff, subcontractors
or employees shall possess any interest in or use his/her position for a purpose that is or gives
the appearance of being motivated by desire for private gain for himsel Merse I f, or others; par-
ticularly those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who exercises
any function or responsibilities in the review or approval of the undertaking or carrying out of
this Agreement snail (1) participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or association in which he has
direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the
proceeds thereof.
XV, NEPOTISM
Organization shnot employ in any paid capacity any person who is a member of the immedi-
ate family of any person who is currently employed by Organization, or is a member of Organization's
governing board. The term "member of immediate family" includes: wife, husband, son, daughter,
mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother
and half-sister.
XVI. NOTICE
1 Any notice or other wTitten instrument required or permitted to be delivered under the terns of
this Agreement shall be deemed to have been delivered, whether actually received or not, when
• deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
addressed to Organization or City, as the case may be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Director
• Attn: City Manager Denton Family Resource Center • •
215 E. McKinney 1213 Locust, Suite L(1)
Denton, TX 76201 Denton, TX 76201
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
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XVII. MISCELLANEOUS
A. Organisation shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder to any party or parties, bank, trust company or other fi-
nancial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain in full force and effect and continue to conform to the original intent of
both parties hereto.
C. In no event shall any payment to Organization hereunder, or any other act or failure of City to
insist in any one or more instances upon the terms and conditions of this Agreement constitute
or be construed in any way to be a waiver by City of any breach of covenant or default which
may then or subsequently be committed by Organization. Neither shall such payment, act, or
omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this prov i-
Sion.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, understand-
ing, or other commitment occurring during the tern of this Agreement, or subsequent thereto,
have any legal force or effect whatsoever, unless properly executed in writing, and if appropri-
ate, recorded as an amendment of this Agreement. E
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to
the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws,
ordinances, or regulations, City as the party ultimately responsible to HUD for matters of com-
pliance, will have the final authority to render or to secure an interpretation.
1 F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue
of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting
• in Denton County, Texas.
r
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this '
Agreement as of the day of , 1997.
J
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CITY OF DENTON, TEXAS
BY:
TED BENAVIDES, CITY 14ANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
BY:
DENTON FAMILY RESOURCE CENTER,
INC.
I
BY j 1
DIRECTOR
i
ATTEST:
• • O
J BS '
SECRETARY
E1tYPDOC5Vi MC
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7 T 417
CITY COUNCIL REPORT Agenda No.
Agenda Rem ~n
Ua)e~(~~2Z~ i ,
DATE: April 22, 1997 {
TOa Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECTi Congestion Mitigation and Air Quality Improvement Program (CMAQ)
Eagle Drive Improvements
RECOMMENDATIP.Nt
Approve ordinance authorizing the City Manager to execute the agreement.
SUMMARY:
The total cost of the three projectSdescribed in the agreement is estimated to
be $530,688.00. The State will fund up to 80% of the estimated cost. The City
will be fund 20%.
BACKGROUNDL
The Intermodal Surface Transportation Efficiency Act of 1991 )ISTEA) established
the program listed above (CHAO).
The three projects along Eagle Drive include; the south bound right turn lane
extension from Bell Avenue to Eagle Drive; the south and north bound left turn
lane extension from Carroll Blvd. to Eagle Drivel and adding a left turn lane
along Eagle Drive from IOOF Street to Avenue A.
PROGRAMS. DVF,ABTMENTS. OR GROUPS AFFECTEDi
The Engineering and Transportation Department will prepare the plans,
specifications and secure the right of way. Bidding will be through the City
Purchasing Department. Construction management and inspection will be by city
forces.
FISCAL IMPACT
Bond funds will be utilized to cover the 20% of the estimated cost.
RES ULLY UBMITTED:
c ve e ~
• Deputy City Manager
Prepared by: '
Jerify lark -
• Dire or of ngineering 8 Transportation
AEEO083A
ug&
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`
ORDINANCE NO,
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE AT CARROLL BOULE-
VARD, AND EAGLE DRIVE BETWEEN AVENUE A AND 100F UNDER THE CONGES-
TION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute an Agreement with
the Texas Department of Transportation for improvements to Eagle Drive at Bell Avenue, Eagle
Drive at Carroll Boulevard, and Eagle Drive betAwn Avenue A and IOOF under the Congestion
Mitigation and Air Quality Improvement Program, which is attached hereto and incorporated by
reference herein.
E T[ON A. That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval,
i
PASSED AND APPROVED this the da of
y 1997. f
E,
JA_CK MILLER MAYOR I
l
4
ATTEST:
• JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY •
BY. c%'.c.~l ~~Y< <
c iwpdmslorthaee drive impovemerds
-i
e
e
Denton County
CSJ: 0918-46.911
Eagle Drive Improvements
STATE OF TEXAS "
COUNTY OF TRAVIS
A 0 R E E M E N T
(CONGESTION MITIGATION AND
AIR QUALITY IMPROVEMENT PROGRAM)
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State"
and the City of Denton, Texas, acting by and through the Denton City Council,
hereinafter called the "City".
N I T N E S S E T E
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the
National Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in
the global economy, and will move people and goods in an energy efficient
manner; and
WHERE"S. Title 23 U.S.C. Section 149 establishes a congestion mitigation
I
and air quality improvement program ("CMAO") to contribute to the attainment
i
of a national ambient air quality standard to be implemented by the States'
Transportation Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan
Planning Organizations ("MPO'e") and the States' Transportation Agencies
develop transportation plans and programs for urbanized areas of the States
and
WHEREAS, the State and the City desire corridor improvements along Eagle
Drive, specifically, a continuous left turn lane along Eagle Drive between
Avenue A and I.O.O.F. and intersection improvements at the followinq
intersections: Eagle at Bell and Eagle at Carroll, as shown in "Exhibit A", to
e be hereinafter identified as the "Project"; and
e .
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of
3/20/97 Page 1 of 12
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funding for CMAQ programs will not exceed eighty percent (801) of the Project
cost; and
WHEREAS, the City has offered to participate in the development and
construction of the Project by providing funding, preparing the preliminary
engineering and design plans, acquiring the necessary right-of-way, providing
relocation assistaAce, preparing right-of-way description and value
determination, accomplishing the adjustment of utilities, condemning property,
providing certifications, providing environmental mitigation and providing
other necessary items as required by the State; and
WHEREAS, or the day of , 19_, the Denton City Council
passed Ordinance No. attached hereto and identified as *Exhibit
B", authorizing the City's participation in the development of the Project;
and
WHEREAS, the State will secure the Federal cost share, review the
I
engineering and right-cf-way related items, let the construction contract,
provide the construction inspection, and provide other items as required; and
i
WHEREAS, on the 2Ab,_ day of July 1921, the Texas Transportation
Commission passed Minute Order 102542 attached hereto and identified as
"Exhibit C", authorizing the Project through the State Transportation
Improvement Program;
A G R 8 E M 8 N T
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto, to be by them respectively
kept and performed as hereinafter set forth, it is agreed as follows:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and
shall terminate upon completion of the Project or unless terminated or 1
modified as hereinafter provided.
2. SLOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation Commission. •
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B. The Project will be designated as a METROPOLITAN HIGHWAY for the
limited purpose of constructing the roadway facility: however, any
existing city street within the limits of the Project will not be
designated or incorporated therein prior to the State's award of the
construction contract.
C. The City will continue to provide maintenance for all city roads
within the limits of the Project until the State's award of the
construction contract.
3. ACOLrISITIo,j OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE
The City shall perform all necessary requirements to obtain the desired
right-of-way required for the construction of the Project. The City will
comply with all requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,
Title 42 U.S.C.A. Section 4601, et seq., including those provisions
relating to incidental expenses incurred by the property owners, and
benefits applicable to the relocation of any displaced person as defined
in 49 CFR, 24.2(g). Documentation to support such compliance must be
maintained and must be made available to the State and its representatives
for review and inspection. The City shall secure easements over any land
in addition to normal right-of-way as may be indicated on the approved
right-of-way map. The City will be responsible for any additional right-
of-way required by the State for the completion of the Project.
4. RIGHT-OF-WAY DESCRIPTION
The City will prepare right-of-way maps, property descriptions and other
data as needed to properly describe the right-of-way which the City is to
e acquire and provide for the Project. The right-of-way maps and property
descriptions shall be submitted to the State for approval prior to the
City acquiring the necessary right-of-way. Tracings of the right-of-way
maps shall be retained by the City for its permanent record,
5. DETERMINATl.QN OF AIGHT.OF-WAY VALUU
e
The City agrees to make a determination of property values for each right- ~ • ~
of-way parcel by methods acceptable to the State and to submit to the
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State's District Office a tabulation of the values so determined, signed
by the appropriate City representative. Such tabulations shall list the
parcel numbers, ownership, acreage and recommended compensrtion.
Compensation shall be shown in the component parts of land taken,
itemization of improvements taken, damages (if any) and the amounts by
which the total compensation will be reduced if the owner retains
improvements. This tabulation shall be accompanied by an explanation to
support the determined values, together with a copy of information or
reports used in arriving at all determined values. The state will review
the data submitted and may base its reimbursement for parcel acquisitions
on the values which are determined by this review,
b. U71LITY AD USTMENTS/RELOCATS9N
If the required right-of-way encruaches upon existing utilities and the
proposed highway construction recuires the adjustment, removal or
relocation of such utility facilities. the City will establish the
necessary utility work in accordance with 43 TAC, Sec 21.31.21.53, if '
applicable, and notify the affected utility companies of the required
work. Unless otherwise provided by the owners of the utility facilities,
the City shall be responsible for the adjustment, removal or relocation of
such utility facilities in accordance with applicable State law, j
regulations, policies and procedures. In the event additional utilities
are required to be adjusted, removed or relocated during the construction
of the Project, the City will be responsible for accomplishing the
1 additional utility work, unless this work is provided by the owners of the
utility facilities. EI
E
7. UXaLM&~=
Condemnation proceedings will he initiated at a time selected by the City J
and will be the City's resr-onsibility at its own expense as hereinafter
indicated. The City will concurrently file condemnation proceedings and a
notice of lis pendens for each case, and in each case so filed the
• judgment of the court will decree title to the property condemned to the 9 a
J City.
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8. RFIMBl1RS F.MR'NT FOR RIG~~18Y
A. Reimbursement will be made to the City for costs incurred subsequent
to the Federal Letter of Authority in an amount not to exceed eighty
percent (80%) of the cost of the right-of-way purchased in accordance with
the terms and provisions of this agreement, if furdinq specifically
allocated for right-of-way related costs for the Project is in the TIP.
Reimbursen,^nt will be in the amount of eighty percent (80%) of the State's
predetermined value of each parcel, or the net cost thereof, whichever is
the lesser amount. In addition, reimbursement will be made to the City
i
for necessary payments to appraisers, expenses incurred in order to assure
good title to property acquired as well as incidental expense incurred in
i
conveying the needed right-of-way to the City. Reimbursement shall not
exceed eighty percent 00%) of such documented costs.
B, I: condemnation is necessary and title is taken as set forth herein
under the section entitled "condemnation', the reimbursement by the State
shall be based on the final judgment, conditioned upon the State having
been notified in writing prior to the filing of such suit and upon prompt
notice being given os to all action taken therein. Court costs and costs
of Special Commissioners' hearings assessed against the City in
condemnation proceedings conducted on beha f of the State and fees
incident thereto will be paid ly the City. Such costs and fees will be
eligible for eighty percent (80%) reimbursement under the established
reimbursement procedure provided such costs and fees are eligible for
payment by the State under existing law.
C. Utility adjustments which would be eligible for cost participation by
• virtue of 23 CFA 645.107 will be eligible for reimbursement to the City at
not to exceed eighty percent (80%) of actual cost.
D. Reimbursement will be made to the City for costs associated with the
relocation Assistance Program provided these costs are in compliance with
the rules and regulations formulated by the State and the FHWA. It is
• • Q
further agreed that documentation supporting each reimbursement request
from the City will include the displacee's name and evidence the City's
3/20/91 Page 5 of 12
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payment was received by the displacee. Reimbursement shall not exceed
eighty percent (80%) of such documented costs.
9. CERTIFICATION
The City shall provide to the State forty-five (45) days prior to the
construction contract let date, certification that all right-of-way has
been acquired, all environmental problems have been remediated, and all
conflicting utilities have been adjusted to clear the proposed
construction.
10. ENVIRONMENTAL MITIGATION
i
A. The City will be responsible for the assessment, mitigation and i
remediation of any environmental problems associated with the development
and construction of the Project. These may involve, but not be limited to
studies related to the following:
1. public involvement
2. Environmental Impact Studien
3. Environmental Assessments
4. applicable environmental documents discussing social, economic and
environmental impacts of the proposed project
5. noise .:,alveis
6. air quality analysis
7. 4(f) lands such as public par':s, recreational areas,
wildlife/waterfowl refuges
8, historical and archeological sites as regulated by the State
Historical Preservation Office and Texas Anti-7uities Commission
9. wetlands, Jurisdictional waters, and vegetation as regulated by
Texas Parke and Wildlife (TPW)
10. prime and unique farmlands as regulated by Soil Conservation
service
11, threatened or endangered species as regulated by TPW and U.S. Fish
and Wildlife
12, erosion control and applicable National Pollution Discharge
Elimination System (NPDES)
13. applicable permits from U.S. Corps of Engineers
B. In addition, the City will be responsible for the assessment,
remediation and/or disposal of regulated materials encountered prior to
* and during construction, which may include but not be limited to the
i
following:
1. asbestos containing materials as regulated in 40 Code of Federal
Regulations (CFR) 763
2. polychlorinated biphenols as regulated by 40 CFR 761
3. petroleum (i.e., gasoline and diesel) contaminated soils as
• regulated by 31 Texas Administrative Code 334
4. Hazardous waste as defined in 40 CFR 241 •
5. Class I and II waste as regulated by Texas National Resource
Conservation Commission
3/20/97 Page 6 of 12
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6. infectious or blood borne pathogen waste
7. radioactive waste
8. all Comprehensive Environmental Response and Comprehensive
Liability Acts as identified in 60 CFA 300.399
The State will not let the construction contract until all known
environmental problems have been remediated by the City.
11. ENGINEERING RESPONSTSTLI 10
A. The City will prepare the Project's preliminary engineering necessary
for the development of the plans, specifications and estimate M S.& E.).
Development of the preliminary engineering shall include an FHWA approved
schematic, an environmental assessment and assistance to the State in
conducting public hearings, as required.
B. The P.S.6 E. shall be developed by the City in accordance with the
latest edition and revisions of the State's Standards, which for non-State
Highway/non-Principal Arterial Street System (PASS) projects will be
minimum American Association of State Highway and Transportation
Officials' (AASHTO) Strndards established in AASHTO's A Policy On
C&QmQSUC Design of Highways and Streets. AASHTO's Guide for Design of
Uvement Structures, the State's S=dard Soesaications_Cor S.'onstruction
of Highways. Streets and Bridges, and The Texas Manual on Uniform Traffic
Control Devices (TMU Df. The City shall submit the completed P.S.6 E. to
the State for review and approval. The State will not let a construction
contract until the P.S.6 E. has been approved.
12. GQN.5LMCTION RESPONSIBILITrE,$
A. The State shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of the
Project in accordance with existing procedures and applicable laws. Any i
• field changes, supplemental agreements or additional work orde• which may
become necessary subsequent to the award of the construction contract
shall be the responsibility of the City and subject to the approval of the
State.
® B. The State will supervise and inspect all work performed by the •
construction contractor ar9 will provide such engineering, inspection and
3/20/97 Page I of 12
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testing services as may be required to ensure that the construction of the
Project is accomplished in accordance with the approved P.S.i E. The City
will be allowed to review the construction work provided the review does
not interfere with the work being performed by the State's contractor.
C. Upon completion of the Project, the State will is •ue to the City a
"Notification of Completion", ackncwledging that the Project has been
completed. Upon the City's receipt of the 'Notification of Completion",
the roadway will be removed from the State Highway System and will revert
back to the jurisdiction of the City.
13. MAINTENANCE RESPO Z121,j,ITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed roadway facility.
14. FUNDING RESPZUBILITIES
A. The estimated cost associated with the items subject to Federal
reimbursement for this Project, including right-of way related items,
State review and construction, is $ 530.688 . Right-of-way related items I
include, but are not limited to, the process of acquisition and securing
of easements, acquisition, relocation, right-of-way description and value
determination, utility adjustments, condemnation, certifications and
environmental mitigation items listed in Article 10, paragraph "B"
hereabove. Construction items shall include construction engineering and
testing services.
B. Funding for preliminary engineering and P.S.a E. preparation will be
the sole responsibility of the City.
C. The State will be responsible for securing the Federal stare of
funding required for the development and construction of the Project. The
•
City will be responsible for any non-federal participation costs
associated with the Project.
D. Upon execution of this agreement, the City will submit a check or
warrant made payable to the "Texas Department of Transportation' in the
• amount of ;5,521Z_. This amount is based on twenty percent (20+Y) of the ~ • •
estimated state review costs. These funds will be atilized by the State
3/20/97 Page 8 of 22
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to review the engineering documentation and cover other incidental costs.
E. Sixty (60) days prior to the date set by the State for reciept of the
construction bids, the State will notify the City to make available
funding required for the construction of the Project. The City shall
remit a check or warrant payable to the "Texas Department of
Transportation" in the amount specified by the State equal to twenty (20%)
of the total estimated construction cost. Payment must be made within
thirty (30) days of receipt of the State's written notification. The City
contribution is estimated to be t 57.618 . The City shall fund all non-
federal and non-state participation costs of any and all change orders or
cost overruns. Payment for these change orders or cost overruns must also i
be made within thirty (30) days of receipt of the State's written
notification.
F. The State will perform an audit of all costs associated with the
Project upon completion. In the event additional funding is required by
the City at anytime during the development of the Project, the City will
provide the funds within thirty (30) days from receipt of the State's
written notification. In the event any funds are due the City, the State
will promptly make arrangements to provide the funds to the City.
15. ZMTRECT_COST RECOVERY PLAN
Section 2106.001 et seq., Government Code, Vernon's Code Annotated,
requires the State to recover indirect costs based on a percentage of the
State's actual direct Costs to complete the Project. The indirect costs
I
will be in accordance with the State's indirect cost Recovery Plan and are
estimated to be i 37.997 The City shall be reoponaible for twenty
percent (204) of the State's indirect cost. The City's indirect costs are
estimated to be i 7.599 Payment must be made within thirty (30) days
frcm receipt of the S.ate's written notification.
16. OWNERSHIP OF DOCUMENTS
O Upon completion or termination of this agreement, all documents prepared
by the City shall remain the property of the City and all documents e e
prepared by the State shall remain the property of the State. All data
3/20/97 Page 9 of 12
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prepared under this agreement shall be made available to the State without
restriction or limitation on their further use.
17. TEFiMINATI4N
A. This agreement may be terminated by any of the following conditions:
lil By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill
the obligation as set forth herein.
0) By the State, if it determines th^t performance of the Project is
not in the best interests of the State.
If the contract is terminated in accordance with the above provisions, the
City will be responsible for the payment of Project costs incurred by the
State on behalf of the City up to the time of termination.
(4) upon completion of the terms of this agreement.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. If
the potential termination of this egreemert is due to the failure of the
City to fulfill its contractual obligations as set forth herein, the State
will notify the City that possible breach of contract has occurred. The
City should make every effort to remedy the breach as outlined by the
State within a period mutually agreed upon by both parties.
18. INDEMNIFI CATIO
The City acknowledges that it is not an agent, servant, or employee of the
State, and that it is responsible for its own acts, forbearance,
negligence and deeds, and for those of its agents or employees in
conjunction with the performance of work covered under this agreement.
0 19. AMENDMENTS
Any changes in the time frame, character, agreement provisions or f
obligations of the parties hereto shall be enacted by written amendment
executed by both the city and the State.
20. LFGAL _CDb (:TIUN
In case one cr more of the provisions contained in this agreement shall • O
for any reason be held invalid, illegal or unenforceable in any respect,
3/20/9" Page 10 of 12
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such invalidity, illegality or unenforceabillty shall not affect any other
provisions hereof and this agreement shall be construed as if such
invslid, illegal or unenforceable provision had never been contained
herein.
21. NOTICEg `
All notices to either party by the other required under this agreement
shall be delivered personally or Bent by certified U.S. mail, postage
prepaid, addressed to such party at the following respective addresses:
State: Texas Department of Transportation
Attention: Director of Transportation
Planning and Development
9700 East R.L. Thornton
Dallas, TX 75226
City: The City of Denton, Texas
Attention: Director of Engineering
and Transportation
215 East McKinney Street
Denton, Texas 76201
All notices shall be deemed given on the date so delivered or ea deposited
in the mail, unless otherwise provided herein. Either party hereto may
change the above address by sending written notice of such change to the
other in the manner provided herein.
22. SOI,E AGREEMENT
This agreer.,ent constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral
agreements respecting the within subject matter.
3/20/97 Pag4 11 of 12
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IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE CITY OF DENTON, TEXAS
By.
Ted BenayiA,ee
Typed Name
City Manager
Title
Date
1
ATTEST: _
City Secretary
f
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of minute Order no. 100002 and Stand-alone
Manual Notice 96.6, for the purpose and effect of activating and carrying out
the orders, established policies or work programs heretofore approved by the
Texas Transportation Commission. `
By: J
Lewrenra J. Zatopek
Director, General Services Division
Date
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3/20/97 Page 12 of 12
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CITY OF DENTON, TEXAS
PROPOSED ADDITIONAL TM LAME STACKING j
CARROLL BOULEVARD / EAGLE DRIVE
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EXH1E31T `C_"
TEXAS TRANSPORTATION COWI SS10N
VARIOUS ---County MINUTE ORDER Page 1 of S Pages
District No. VARIOUS _
WHEREAS, the Project Development Plan (POP) of the Texas
Department of Transportation Is a ten year plan which authorizes
project planning and development, and is submitted to the Texas
Transportation Commiss?on for approval on an annual basis; and
WHEREAS, the 1993 Transitional POP was structured and developed
with categories to utilize the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA); and
WHEREAS, development and construction of many projects in the
POP are subject to the approval/concurrence of the Metropolitan f
Planning Organizations (MPOs); and
WHEREAS, the MPOS have recently made significant modifications
to the list of projects which they propose to include In their
Transportation Improvement Programs (TIPS); and
WHEREAS, the letting to contract of projects contained in the
POP is further subject to the availability of projected funds; and
WHEREAS, the structure of the various categorie: of work,
including the description, the restrictions, the method of allocation
and policy of the 1993 Transitional POP was outlined in Minute Order
101106 dated June 24, 1992 and amended in Minute Order 101590 dated
October 28, 1992; and
WHEREAS, Minute Order 101588 dated October 28, 1992 approved
the structure of the allocation program portion of the 1993
Transitional POP, and authorized projects in various allocation
programs; and
WHEREAS, an update of these previously authorized projects and
policies is required to more accurately depict and properly guide
planning and development; and
WHEREAS, it Is appropriate to address the status of the 1993
o Transitional POP and the approval of the 1994 POP separately with
respect to mobility and allocation categories; and
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TEXAS 1PANSPORTA116N COMMISSION
VARIOUS- -County MINUTE ORn[R Page _ 2 _of 5 Pages
District No. VARIOUS
WHEREAS, for mobility categories, Minute Order 101106 and
subsequent Minute Orders 101586 and 101587 dated October 28, 1992
approved specific projects for various levels of authorization in the
1993 Transitional POP in Category I - Interstate Construction, Category
3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas
Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS
Miscellaneous, Category 12 - Commission Strategic Priority and Category
13 - State Mobility; and
WHEREAS, for mobility categories, Minute Order 101588 and
subsequent Minute order 101765 dated December 22, 1992 approved
specific projects for carious levels of authorization in the 1993
Transitional PDP in Category 4C - Surface Transpcrtation Program (SIP)
Metropolitan Mobility/Rehabilitation, Category 40 - SIP Urban
Mobility/Rehabilitation, Category 4E - SIP Rural
Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air
Quality improvement; and
i
WHEREAS, for allocation categories, Minute Order 101588 and
subsequent Minute Order 10116 approved specific projects in the 1993
Transitional POP in Category 4A - 1993 Highway Safety improvement
Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School
Bus Signal Program, Category 6 - 1993-1995 On State System Bridge
Program, and 1993-1995 Off State System Bridge Program, Category 8 -
199i-1994 farm to Market Road Program, and Category 16 - 1993 Railroad
Grade Cross Replanking Program; and
Wil[REAS, several of the allocation programs approved in the
1993 Transitional POP currently haveigated balances for which
projects hzve now been identified as additions to the previously
.,pproved programs; and
WHEREAS, Minute Order 101765 authorized district allocations
for the allocation program portion of the 1994 POP, and directed that
when the projects have been selected for allocation programs (other
than "ban!. balance" programs), the programs be returned to the
attention of the Commission for approval of specific 1
projects; a. J ,
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TEXAS TRANSPORTATION COMMISSION
VARIOUS `County MINUTE ORDER Page _3 of _5 Pages
District No. VARIOUS
WHEREAS, projects have now been identified for the allocation
programs of the 1994 POP;
NOW. Tht,+EFORE, 11 IS ORDERED that the structure of the various
categories of work, including the description, the restrictions, the
method of allocation and policy outlined in Minute Orders 101106 and
101590 is hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for the Category 3A - NHS Mobility, Category 38 - NHS
Texas Trunk Sytem, Category 30 - NHS irr.rfic Management. Category 3E -
NHS Miscellaneous, Category 12 - inmaissioo Strategic Priority and
Category 13 - State Mobility projects listed in !h nut,? Orders 101106,
101586 and 101587 are hereby cancelled; enc
i
IT IS FURTHER CRDEREO for nobility categories that the
authorization for Category 4C - STP Metropolitan
Mobility/Rehabilitation, Category 4D - STP Urban
Mobility/Rehabilitation, Category 4E - SYP Rural
Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air
Quality Improvement projects listed in Minute Orders 101588 and 101765
are hereby cancelled; and
IT IS FURTHER ORDERED for allocation categories that the
projects approved as a part of past al- lemon programs that have iot
been selected for other categories of the 1994 POP shall retain their
authority in those programs; and
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TEXAS TRANSPORTATION COMtISSION
VARIOUS _ -County KINU1L ORDER Page _ 4 _of 5 Pages
District No. VARIOUS
IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as
shown in the following exhibits is hereby approved:
l
Exhibit A - Structure of the various categories of work, 11
including descriptions, restrictions, methods of allocation and
policy.
Exhibit B - Interstate Construction (Category 1).
Exhibit C - National Highway System (Category 3):
NHS Mobility, NHS Texas Trunk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit 0 - Surface Transportation Program (Category 4):
1994 Highway Safety Improvement Program, 1994 Federal Railroad
Signal Program, 1994 Railroad School Bus Signal Program,
19oi-2002 Metropolitan Mobility/Rehabilitation Program, 1993-
2002 Urban Mobility/Aehabilitation Program, 1993-2002 Rural
Nobility/Rehabilitation, and 1994 Railroad Grade Separations
Program.
Exhibit E - Congestion Mitigation and Air Quality (Category 5).
Exhibit F - Bridge Replacement/Rehabilitation (Category 6):
49f 3-1995 On State System Bridge Program (Additions), 1996 On
State System Bridge Program, 1993-1995 Off State System Bridge
Program (Additions), and 1996 Off State System Bridge Program.
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TEXAS TRANSPORTATION COMMISSION
vARIOU5 -County MINUTE ORDER Page _ 5 of S Pages
Districl No. VARIOUS
Exhibit G - farm to Markel Road Program {Category 8):
1992-1994 Farm to Market Road Program (Additiois) and 1955 farm to
Market ')td Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit I - Stale Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Replanking Program.
IT IS FURTHER ORDERED that the Executive Director is hereby
authorized to proceed in
the most feasible and economical manner with
project development for the projects included in Exhibits B through J
to include any necessary agreements, right of way acquisition, utility
adjustments, and relocation assistance, subject to the policies of the
Texas Department of Transportation and all applicable federal and State
laws governing the acquisition policies for acquiring real property.
17 IS FURTHER ORDERED that the specific allocation programs
authurized by Minute Order 101765 for the 1953 Transitional Project
Development Plan shall remain active and in effect.
IT IS FURTHER ORDERED that the sections of highway shown in
Exhibit K are hereby designated as a part of the State Highway System
subject to the conditions indicated.
IT IS FURTHER ORDERED that this Minute Order be effective as of
September I, 1993.
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Submitted by: Examined and recommended by:
• Director of Highway Design Ap r - _ - • O
pp oved Assuciate [KCCUIive Director
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lxecutlvc Oircctor
Minute Number 102541 _
2 2 . Date Passed JUL 29 93 J
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E>aN1dIT E Tb E 9 101T C-
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TRANSPORTATION IMPROVEMENT PROGRAM
DALLAS
DALLAS FORT WORTHMPO
FY 1997 SepemDW 14, 19rf,
-015TR1CT
N AM--E OR DESIGNATION - - - - - - - - - - - - - - - PROJ. ID FED PROG FEDERAL COMMENTS
COUNTY LOCATION (FROFA) F, CUSS 5T. CAT. STATE
LOCATION O( LANES PHASE LOCAL
CSJ------ - DESCRIPTION OF WORK LENGTH MPO _TOTAL
OALUS CS 310? CMAO 1 13,410 961 SO
DALLAS 19 INTERSECTIONS ON BELT LINE IN THE 0 5 3,570
CITY OF IRVING 0 C,E 3,990 IRVING
0918-45942 _ CS TRAFFIC SIGNAL UPGRADES 0.001 1106_ _ f f 21,000
-
OALLAS 1895 CMAQ 30.250 9<J I/
DALLAS WTER SECTION OF GUS THDMASSON WITH 4 5 0
IN MESQUITE 0 C,E 21,750 MESOU TE
0916454/5 TRAFFIC SIGNAL 0.001 1106 3 55,070
CAMAS CS 1841 CMAO 30,000 9101-
DALLAS INTERSECTION OF GROSS ROAD WITH SCYENE 5 0
IN MESQUITE 0 C,E `0,000 M5e UITE
091845.916 TRAFFICSr~NALS 0.001 1106 f 60'.00
- - - - - - - - - - - - - - - - - - - - - - - - - - .
DALLAS 1891 CMAQ 1 30,004
9501
DALLAS INTERSECTION OF 9RUTON ROAD WITH 4 S 0
PIONEER ROAD IN MESOUFTE 0 C,E 30,000 M, 4i 1 ATE
_0_41_6_15.95) TRAFFIC SIGNALS 0_001--- 1 - 106 f 60,000
DAUAS---- ^CS---------------------- _
- f 21.750 -9-61-10 ^ _ _ _ _ _ _ _
1902 CMAQ^
DALLAS INTERSECTION OF TOWN EAST BOULEVARD 4 5 0
SKYUNEDRIVE INMESOUITE 0 C,E 30,2$0 MESQUITE
0918-45951 TRAF FIC SIGNALS 0,001 1106 S 55,000
-alus cs
o---
1901 CMAQ i 26,790
96110
DALLAS INTE R SEC TION OF TOWN EAST BOULEVARD 4 S 0
FORNEY ROAD IN MESOUITE 0 CA 30.210 MESOIIITE
091 8 45 9 5 2 TRAFFIC SIGNALS 0.001 1106 S 57,000
DALLAS CS 1697 CMAQ f 30.000 96110
DALLAS WTERSECTION OF MOTLEY DRIVE WITH 4 5 0
EASTFIELD COLLEGE IN MESQUITE 0 C,E 30,000 MESQUITE
_0_918_jS9S3 TRAFFIC SIGNALS 0.001 1106 f 60.000
DALLAS Ec
1067 LMAO f 21,000 47!09
DALLAS ON DENTON TAP ROAD AT PARMWAY IN THE 5 5 0
CITY OFCOPPELL 0 CA 6,000 COPPELL
091645962 INCREASE NORTHBO UND LE FT TURN 5 TO RA GE 0001 1106 S 30,000
DALLAS CS _ 1069 -CM-Q- S _ _ 52,000 977106
06
DALLAS ON SANDY LAKE ROADAT CEN70N TAP ROAD 5 5 13,000
THE CITY OF COPPELL O C,ER O COPPELL
091645172 EASTAND WESTBOUND DUAL LEFT TURN 0_001 _ - _ _ _ 1106 f 65,000
DALLAS CS _ - - - - - - -
4061 CAAO_ f 21,000 97102
• DALLAS ON BETHEL ROAD AT DENTON TAP ROAD IN 5 S 0
THE CITY OF COPPE LL 0 C,E 6,000 COPPELL
091 SAS-973 EASTBOUND RIGHT TURN LANE 6.301 1106 f 30,000
-ALLAS CS -2-128 - - - - - - - - CM-A-0 ---2-,000--.000- 96_!06-
D
1
DALLAS VARIOUS LOCATIONS IN DALLAS O 5 0
a CA 500,000 DALLAS
091845974 INTERSECTION IMPROVEMENTS 0,001 1106 i 2,500,000
_ - _ - - - -
• DALLAS---- CS 1052 _ _ _ CMAO f t00,ODO 95106 -
DENTON EAGLE AT BERNARD IN DENTON 0 5 0 C •
O C,E 25,000
091&46911 INTERCHANGE IMPROVEMENTS 0.001 1106 1 125.000
'
DALLAS CS 4038 CMA0 $ 36,000 96!01
DALLAS ON BELT LINE AT LAIN STREET IN THE CITY S S 0
OF CEDAR HILL 0 C,EA 9,000 CEDAR HILL
9S'&45971 INTERSECTION IMPROVEMENTS - 0001----_ 1106 f 45,000
DALLAS CS 4309 CMAO _ - 24,000
47 f 02
DALLAS ON MARSH LANE FROM TRINITY MILLS ROAD 0 5 0
THE SOUTH CITY LIMITS OF CARROLLTON 0 C,E 6,000 CARROLLTON
99t64S940 TRAFFIC -SIGNAL PROGRESSION 2 .200 1106 J 30,000 ____I
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A 1~ndA Nd, D
CITY COUNCIL REPORT
Agsnds Ito
Dab G 4
DATES April 22, 1997
Toy Mayor and Members of the City Council
FROMs Rick Svehla, Deputy City Manager
SUBJECTS Congestion Mitigation and Air Quality Improvement Program (CMAQ)
U.S. 380 Intersection Improvements; Loop 288 at Kings Row; IH 35
at U.S. 3e0 and U.S. 377 at IH 359
RECOMMENDATIONS
Approve ordinance authorizing the City Manager to execute the agreement.
SUMMARYs
The total coat of the four projects described in the agreement is estimated to
be $525,000.00. The State will fund up to 80% of the estimated cost. The City
will be fund 20%.
$1CKGROUNDS
The Intermodal Surface Transportation Sfficiency Act of 1991 (ISTEA) established
the program listed above (CMAQ).
The four projects include (1) improvements along University Drive (U.S. 380) at
Bonnie Brae, Malone, Fulton, and Carroll Blvd.; (2) Loop 288 at Kings Row right
turn acceleration and deceleration lanes; (3) IH 35 at U.S. 380 right turn lane
(Southwest Corner); (4) U.S. 377 at IH 35 E left turr. lane extensions.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDS
The Engineering and Transportation Department will prepare the plans and
specifications. Bidding will be through the City Purchasing Department.
Construction management and inspection will be by city forces.
FUCAL IMPACT
Bond funds will be utilized to cover the 20% of the estimated cost.
RES CTFULLY UBMIT EDS
1 c ve a
Deputy City Manager
•
Prepared bys
2n
Jerry nrk
• Director of Engineering 6 TranRnc+rtation • •
AEE0083A
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CMAQ ORD
ORDINANCE NO.
AN ORDINANCE OF THE. CITY OF DEMON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY ANV
IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute four Congestion
Mitigation and Air Quality Improvements Agreements between the City of Denton and the Texas
Department of Transportation for the furnishing and installing of traffic signals, and the City is
authorized to participate in the development and construction of the project as set forth in the
Agreements, copiss of which is attached hereto and incorporated by reference herein.
SECTION 11. That the City Council hereby authorizes the expenditures of funds as provided
in the Agreements.
SECTION 111, 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
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BY:
• APPROVED AS TO LEGAL FORM: • •
HERBERT L. PROUTY, CITY7RNEY
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Denton County
CSJ" 0134-09 901
US 38C Intersection Improvements
STATE OF TEXAS ~ F
COUNTY OF TRAVIS
A 0 R E B M E N T
(CONGESTION MIT'_GATION AND
AIR QUALITY IMPROVEMENT PROGRAM)
THIS AGREEMENT, in made,by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State"
■nd the City of Denton, Texas, acting by and through the Denton City Council,
hereinafter called the "City
W I T N E 3 8 E T H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA"; codified under Title 23 U.S.C. Section 101 at seq., establishes the
National Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and
air quality improvement program ("CHAQ") to contribute to the attainment of a
national ambient air quality standard to be implemented by the States'
Transportation Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State: and
WHEREAS, the State and the City desire improvements to the US 380
• intersection, as shown in "Exhibit A to be hereinafter identified as the
"Project"; and ,
WHEREAS, Title 23 U.S.C. Section 120 establishes that the federal share of
funding for CMAO programs will not exceed eighty percent (80%) of the Project
cost; and
• WHEREAS, the City has offered to participate in the development and ~ • •
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construction of the Project by providing funding and other necessary items as
required by the State; and
WHEREAS, on the _ day of , 19_, the Denton City Council passed
Resolution No. attached hereto and identified as "Exhibit 80,
authorizing the City's participation in the development of the Project; and
WHEREAS, the State will secure the Federal cost share, prepare the
preliminary engineering and design plans, let the construction contract, provide
the construction inspection, and provide other items as requiredl and
WHEREAS, on the _-23-_ day of July , 1991, the Texas Transportation
Commission pasred Minute Order 102542 attached hereto and identified as
"Exhibit C", authorizing the Project through the State Transportation Improvement
Program;
A 0 R E E 14 E N T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows;
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless terminated or modified as
hereinafter provided.
2, cjrQkF OF FhOJECT
A. The State and the City agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation commission.
8. The Project will be designated as ■ METROPOLITAN HICH%XY for the limited
purpose of constructing the roadway facility; however, any existing city
street within the limits of the Project will not be designated dr
incorporated therein prior to the State's award of the construction
contract.
C. The City will continue to provide maintenance for all city roads within
the limits of the Project until the State's award of the construction
• contract. • •
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3. UTILITY ADJUSTMENTS/RELATIONS
In the event the proposed highway construction requires the adjustment,
removal or relocation of utility facilities, the State will establish the
necessary utility work in accordance with 43 TAC, Sac 21.31-21.53, if
applicable, and notify the affected utility companies of the required work.
Unless otherwise provided by the owners of the utility facilities, the state
shall be responsible for the adjustment, removal or relocation of such
utility facilities in accordance with applicable State law, regulations,
policies and procedures. In the event additional utilities are required to
be adjusted, removed or relocated during the construction of the Project,
the State will be responsible for accomplishing the additional utility work,
unless this work is provided by the owners of the utility facilities.
4. ENVIRONMENTAL HITIOATION
A. The State will be responsible for the mitigation and remediation of any
environmental problems associated with the development and construction of
the Project. These may involve, but not be limited to studies related to
the followings
1. public involvement
2. Environmental impact Studies
3. Environmental Assessments
4. applicable environmental documents discussing social, economic and
environmental impacts of the proposed project
5. noise analysis
6, air quality analysis
7. 4(f) lands such as public parks, recreational areas,
wildlife/waterfowl refuges
S. historical and archeological sites as regulated by the State
Historical Preservation office and Texas Antiquities Commission
9. wetlands, Jurisdictional waters, and vegetation as regulated by
Texas Parke and Wildlife (TPW)
10. prime and unique farmlands ■s regulated by Soil Conservation Service
11. threatened or endangered species as regulated by TPW and U.S. Fish
and Wildlife
* 12. erosion control and applicable National Pollution Discharge
Elimination System (NPOES)
13. applicable permits from U.S. Corps of Engineers
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B. In addition, the State will be responsible for the assessment,
remediation and/or disposal of regulated materials encountered prior to and
during construction, which may include but not be limited to the followings
• 1. asbestos containing materials as regulated in 40 Code of Federal • •
Regulations (CFA) 763
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2. polychlorinated biphenols as regulated by 40 CFR 761
3. petroleum (i.e. gasoline and diesel) contaminated soils as regulated
by 31 Texas Administrative Code 334
4. Hazardous Waste as defined in 40 CFR 261
S. Class r and II waste as regulated by Texas National Resource
Conservation Commission
6. infectious or blood borne pathogen waste
7. radioactive waste
8. all Comprehensive Environmental Response and Comprehensive Liability
Acts as identified in 40 CFR 300-399
The State will not let the construction contract until all known
environmental problems have been remediated.
5. ENGINEERING RESPONSIBILITIES
A. The State will prepare the Project's preliminary engineering necessary
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for the development of the plans, specifications and estimate (P.S.B E.).
Development of the preliminary engineering shall include an MA approved
schematic, an environmental assessmont and conducting of public hearings, as
required.
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B. The P.S.6 E. shall be developed by the State or its consultant in
accordance with the latest edition and revisions of the State's Operations
and Procedures Manual, the State's Standard Soecificationa for Construction
of Hiahwave. Streets and Bridoes, and The Texas Manual on Uniform Traffic
Control Divicea (TMUTCD). For all items not discussed in the above
documents, the American Association of State Highway and transportation
Officials' A Policy On Geometric Deaian of Hiahwava and Streets shall be
referenced for guidance.
6. CONSTRUCTION RESPONSIBILITIES I
A. The State shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of the
Project in accordance with existing procedures and applicable laws. Any
• field changes, supplemental agreements or additional work orders which may
becoma necessary subsequent to the award of the construction contract shall r
be r%s responsibility of the State.
B. The State will supervise and inspect all rk performed by the
• construction contractor and will provide such engineering, inspection and
testing services as may be required to ensure that the construction of the
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Project is accomplished in accordance with the approved P.S.6 E. The City
will be allowed to review the construction work provided the review does not
interfere with the work being performed by the State's contractor.
C. Upon cosipletion of the Project, the state will issue to the City a
"Notification of Completion", acknowledging that the Proja-'. has been
completed.
7. FUNDING RESPONSIRILITIES
A. The items subject to Federal reimbursement, for this Project, are
preliminary engineering, P.S.6 E. preparation, and construction. The
estimated cost of these items is $ 17D.OD0_. Construction items shall
include construction engineering and testing services. ff{
B. The State will be responsible for securing the Federal share of funding
required fcr the development and construction of the Project. The City will
be responsible for any non-federal participation costs associated with the
Project.
C. Upon execution of this agreement, the City will submit a check or
warrant made payable to the "Texas Department of Transportation" in the
amount of 1 6.760 This amount is based on twenty six percent (26%) of
the estimated engineering costs. These funds will be utilized by the State
to prepare the engineering documentation and cover other incidertel costs.
D. Sixty (60) days prior to the date set by the State for receipt of the
construction bids, the state will notify the City to make available funding
required for the construction of the Project. The City shall rem a check
or warrant payable to the 'Texas Department of Transportation' in the amount
specified by the State equal to twenty six percent (2696) of the total
estimated construction coat. Payment must he made within thirty 1301 days
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of receipt of the State's written notification. The City contribution is
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estimated to be $ 37.440 The City shall fund all non-federal and non-
state participation costs of any and all change orders or cost overruns.
Payment for these change orders or cost overruns must also be made within
• thirty (30) days of receipt of the State's written notification. •
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E. The State will perform an audit of all costs associated with the project
upon completion. In the event additional funding is required by the City at
anytime during the development of the Project, the City will provide the
funds within thirty (30) days from receipt of the State's written
notification. In the event any funds are due the City. the State will
promptly make arrangements to provide the funds to the City.
5• INDIRECT COST RECOVERY PLAN
Gaction 7106.001 at seq., Government Code, Vernon's Code Annotated, requires
the State to recover indirect costs based on a percentage of the state's
actual direct costs to complete the Project. The indirect costs will be in
accordance with the State's Indirect Cost Recovery Plan and are estimated to
be $ 14.459_. The City shall be responsible for twenty six percent. (20)
of the State's indirect cost. The City's indirect costs are astimate'd to be
x,766 Payment must be made within thirty (30) days from receipt of
the State's written notification.
9. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by
the City shall remain the property of the City and all documents prepared by
the State shall remain the property of the State. All data prepared under
this agreement shall be made available to the States without restriction or
limitation on their further use.
10. TERMINATION
A. This agreement may be terminated by any of the following conditions:
-N (1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
e obligation as set forth heroin,
B. The termination of this agreement shall extinguish all rights, duties, E J
obligaLlons and liabilities of the State and City under this agreement. If '
the potential termination of this agreement in due to the failure of the
City to fulfill its contractual obligations as not forth herein, the State
e will notify the City that possible breach of contract has occurred. The O O
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City should make every effort to remedy the breach as outlined by the state
within a period mutually agreed upon by both parties.
11. INDEMNIFI ATION
The City acknowledges that it is not an agent, servant, or employee of the
State, and that it is responsible for its own acts, forbearance, r,egligence
and deeds, and for those of its agents or employees in conjunction with the
performance of work covered under this agreement.
12. A,~,£NDMrumc I'I
Any changes in the time frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written amendment
executed by both the City and the State.
13. LEGAL CGNSTBUCTroN
In case one or more of the provisions contained in this agreement shall for
any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other
provisions hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
14. NOTICES
All notices to either party by the other required under this agreement shall
be delivered peraunally or sent by certified U.S. mail, postage prepaid,
addressed tc such party at the following respective addresses
states Texas Department of Transportation
Attentions Director of Transportation
Planning and Development
9700 East R.L. Thornton
Dallas, TX 75228
• Citys The City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
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All notices shall be deemed given on the date so delivered or so deposited
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in the mail, unless otherwise provided herein. Either party hereto may
change the above address by sending written notice of such change to the
J other in the manner provided herein. O •
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15. £0_~r AGncFMFNT 1
This agreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral agreements
respecting the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
n duplicate counterparta.
THE CITY OF DENTON, TEXAS
aye
Typed Name
Title
Data
ATTESTS
City Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Administrative
Circular 26.93, for the purpose and effect of activating and carrying out the
orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
8yi
Portia Housmann
Manager of Review and Negotiated Contracts
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Dated j
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TEXAS TRANSPORTAT101i C"I SSIOM
VARIOUS County MINUTE ORDER Page 1 01
5 Peges
District No. VARIOUS
WHEREAS, the Project Oeveloyment Plan (POP) of the Texas
Department of Transportation is a ten year plan which authorizes
project planning and development, and is submitted to the Texas
Transportation Commission for approval on an annual basis; and
WHEREAS, the 1993 Transitional POP was structured and developed
with categories to utilize the Intermodal Surface Transpcrtatiori
Efficiency Act of 1991 (ISTEA); and
WHEREAS, development and construction of many projects in the
POP are subject to the approval/concurrence of the Metroroliban
Planning Organizations (MPOs); and
WHEREAS, the MPOs have recently made significant modifications
to the list of projects which they propose to include in their
Transportation Improvement Programs (TIPS); and
WHEREAS, the letting to contract of projects contained in the
POP is further subject to the availability of projected funds; and
WHEREAS; the structure of the various categories of work.
Including the description, the restrictions, the method of allocation
and policy of the 1993 Transitional POP was outlined in Minute Order
101106 dated June 24, 1992 and amended in Minute Order 101590 dated
October 28, 1992; and
WHEREAS, Minute Order 101588 dated October 28, 1992 approved
the structure of the allocation program portion of the 1993
Transitional POP, and authorized projects in various allocation
programs: and
WHEREAS, an update of these previously authorised projects and
policies is required to more accurately depict and properly guide
planning and development; and
WHEREAS, it is appropriate to address the status of the 1993
Transitional POP and the approval of the 1994 POP separately with
respect to mobility and allocation categories; and '
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page 2 of 5 Pages
District No. VARIOUS
WHEREAS; for mobility categories, Minute Order 101106 and
subsequent Minute Orders 101586 and 101587 dated October 28, 1992
approved specific projects for various levels of authorization in the
1993 Transitional POP in Category I - Interstate Construction, Category
3A - National Highway System (NHS) Mobility, Category 38 - NHS Texas
Trunk System, Category 30 - NHS Traffic Management, Category 3E - NHS
Miscellaneous, Category 12 - Commission Strategic Priority and Category
13 - State Mobility; and
WHEREAS, for mobility categories, Minute Order 101584. and
subsequent Minute Order 65 dated December 22, 1992 approved
specific projects for various levels of authorization in the 1993
Transitional POP in Category 4C - Surface Transportation Program (STP)
Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air
Quality Improvement; and
WHEREAS, for allocation categories, Minute Order 101583 and
subsequent Minute Order-107 -5-approved specific projects in the 1993
Transitional POP in Category 4A - 1993 Highway Safety Impn)vement
Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School
Bus Signal Program, Category 6 - 1993-1995 On State System Bridge
Program, and 1993-1995 Off State System Bridge Program, Category 8 -
1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad
Grade Cross Replanking Program; and
WHEREAS, several of the allocation programs approved in the
1993 Transitional POP currently have unobligated balances for which
projects have now been identified as additions to the previously
-1 approved programs; and
WHEREAS, Minute Order 101765 authorized district allocations
• for the allocation program portion of the 1994 POP, and directed that
when the projects have been selected for allocation programs (other
than "bank balance' programs), the programs be returned to the
attention of the Commission for approval of specific projects; and
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TEXAS TRANSPORTATION COK41SS1ON
4ARIOUS _ -County MINUTE ORDER Page 3 of 5 Pages
District No. VARIOUS
WHEREAS, projects have now been identified for the allocation
programs of the 1994 POP;
NOW, THEREFORE, IT IS ORDERED that the structure of the various
categories of work,- including the description, the restrictions, the
method of allocation and policy outlined in Minute Orders 101106 and
101590 is hereby cancelled; and
IT IS FURTHER ORDERED for nobility categories that the
authorization for the Category 3A - NHS Mobility, Category 3B - NHS
Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E -
NHS Miscellaneous, Category 12 - Commission Strategic Priority and
Category 13 - State Mobility projects listed in Minute Orders 101106,
101586 and 101587 are hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for Category 4C - STP Metropolitan
Mobility/Rehabilitation, Category 40 - STP Urban k
Mobility/Rehabilitation, Category 4E - STP Rural
Motility/Rehabilitation and Category 5 - Congestion Mitigation and Air
Quality Improvement projects listed in Minute Orders 101588 and 101765
are hereby cancelled; and
IT IS FURTHER ORDERED for allocation categories that the
projects approved as a part of past~focation programs that have not
been selected for other categories of the 1994 POP shall retain their
authority in those programs; and
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page _ 4 of 5 Pages
District No. VARIOUS
11 IS FURTHER ORDERED that the 1944 PROJECT DEVELOPMENT PLAN as
shown in the following exhibits is hereby approved:
Exhibit A - Structure of the various categories of work,
including descriptions, restrictions, methods of allocation and
policy.
Exhibit B - Interstate Construction (Category 1).
Exhibit C - National Highway System (Category 3):
NHS Mobility, NHS Texas Trunk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit D - Surface Transportation Program (Category 4):
T994 Highway Safety Improvement Program, 1994 Federal Railroad
Signal -rogram, 1944 Railroad School Bus Signal Program,
1493-2002 Metropolitan Mobility/Rehabilitation Program, 1993-
2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural
Mobility/Rehabilitation, and 1994 Railroad Grade Separations
Program.
Exhibit E - Congestion Mitigation and Air Quality '(Category 5).
Exhibit F - Bridge Replacement/Rehabilitation (Category 6):
943- 9 5 On State System Bridge Program (Additions), 1996 On
State System Bridge Program, 1993-1495 Off State System Bridge
Program (Additions), and 1996 Off State System Bridge Program.
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page _ 5 or 5 Pages
District No. VARIOUS
Exhibit G - Farm to Market Road Program (Category 8):
1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to
Market Road Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit [ - State Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Replanking Program.
[T IS FURTHER ORDERED that the Executive Director is hereby
authorized to proceed in the most feasible and economical manner with
project development for the projects included in Exhibits B through J
to include any necessary agreements, right of way acquisition, utility
adjustments, and relocation assistance, subject to the policies of the
Texas Department of Transportation and all applicable Federal and State
laws governing the acquisition policies for acquiring real property.
IT IS FURTHER ORDERED that the specific allocation programs
authorized by Minute Order 101165 for the 1993 Transitional Project
Development Plan shall remain active and in effect.
IT IS FURTHER ORDERED that the sections of highway shown in
Exhibit K are hereby designated as a part of the State Highway System
subject to the conditions indicated.
IT IS FURTHER ORDERED that this Minute Order be effective as of
September 1, 1993.
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Submitted by: Examined and recommended by: _
• _ i • •
Director of Highway Design Approved hssoctatc Cxecutive Oirecto~
Executive 0ir ector
Minute Number _ 102542
Date Passed JUL 29 93
Denton County
CSJJ 2250.02.900
LOOP 288 At XINGS ROW
STATE OF TEXAS
COUNTY OF TRAVIS
A ORB E M E N T
(CONGESTION MITIGATION AND
AIR QUALITY IMPROVEMENT PROGRAM)
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State"
and the City of Denton, Texas, acting by and through the Denton City Council,
hereinafter celled the "City".
K I T N 6 9 8 E T B
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 at seq., establishes the
National Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and
air quality improvement program ("CMAQ"1 to contribute to the attainment of a
national ambient ■ir quality standard to be implemented by the States'
Transportation Agencies; and
WHEREAS, Title 23 V.S.C. Section 136 establishes that Metropolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, the State aid the City desire intersection improvements to Loop 288
• at Xings Row, as shown in "Exhibit A", to be hereinafter identified as the
"Project"; and
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WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of 3
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funding for CHAQ programs will not exceed eighty percent (80%) of the Project
cost; and
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WHEREAS, the City has offered to participate in the development and • •
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construction of the Project by providing funding and other necessary items as
required by the State; ind
WHEREAS, on the _ day of , 19^, the Denton City Council passed
Resolution No. attached hereto and identified as "Exhibit an,
authorizing the City's participation in the development of the Projectr and
WHEREAS, the State will secure the Federal cost share, prepare the
preliminary engineering and design plans, let the construction contract, provide
the construction inspection, and provide other items as required; and
WHEREAS, on the _11_ day of July , 1921, the Texas Transportation
Commission passed Minute Order 1075/2, attached hereto and identified as
'Exhibit C", authorizing the Project through the State Transportation Improvement
Program;
A 0 R H E M 8 N T
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NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows:
1, CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless tatlainated or modified as
hereinafter provided.
p. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation Commission.
8. The Project will be designated as a METAOpOL'TA_W HIGHWAY for the limited
purpose of constructing the roadway faeilityt however, any existing city
street within the limits of the Project will not be designated or
incorporated thersln prior to the State's award of the construction
contract.
C. The City will continue to provide maintenance for all city roads within
the limits of the project :ntil the State's award of the construction
0 contract. ~ 0 •
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3. UTILITY AD USTMENTSIRELOCATIONS
In the event the proposed highway construction requires the adjustment,
removal or relocation of utility facilities, the State will establish the
necessary utility work in accordance with 43 TAC, Sec 21.31.21.53, if
applicable, and notify the affected utility companies of the required work.
Unless otherwise prcvided by the ewrers of the utility facilities, the State
shall be responsible for the adjustment, removal or relocation of such
utility facilities in accordance with applicable State law, regulations,
policies and procedures. In the event additional utilities are required to
be adjusted, removed or relocated during the construction of the Project,
the State will be responsible for accomplishing the additional utility work,
unless this work is provided by the owners of the utility facilities.
4. ENVIRONMENTAL MITIGATION
A. The State will be responsible for the mitigation and remediation of any
environmental problems associated with the development and construction of
the project. These may involve, but not be limited to studies related to
the followings
1. public involvement
2. Environmental Impact Studies
3. Environmental Assessments
4. applicable environmental documents discussing social, economic and
environmental impacts of the proposed project
5. noise analysis
6. air quality analysis
7. 4(f) lands such as public parks, recreational areas,
wildlife/waterfowl refuges
8. historical and archeological sites as regulated by the State
Historical Preservation Office and Texas Antiquities Commission
9. wetlands, Jurisdictional Waters, and vegetation as regulated by
Texas Parks and Wildlife (TPW)
10. prime and unique farmlands as regulated by Soil Conservation Service
11. threatened or endangered species as regulated by tpw and U.S. Fish
and Wildlife
• 12. erosion control and applicable National Pollution Discharge
Elimination System (NPDES)
13. applicable permits from U.S. Corps of Engineers `
B. In addition, the State will be responsible for the assessment,
remediation and/or disposal of regulated materials encountered prior to and
during construction, which may include but not be limited to the followings
•
1. asbestos containing materials as regulated in 40 Code of Federal ~ • ~
Regulations (CFR) 763
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2. polychlorinated biphenols as regulated by 40 CFR 761
3. petroleum (i.e. gasoline and diesel) contaminated soils as regulated
by 31 Texas Administrative Code 334
4. Hazardous Waste as defined in 40 CFA 261
5. Class I and II waste as regulated by Texas National Resource
Conservation Commission
6. infectious or blood borne pathogen waste
7. radioactive waste
B. all Comprehensive Environmental Response and Comprehensive Liability
Acts as identified in 40 CFA 300.399
The State will not let the construction contract until all known
environmental problems have been remediated.
S. ENGINEERING RESPONSIBILITIES
A. The State will prepare the Project's preliminary engineering necessary
for the development of the plans, specifications and estimate (P.S.i E.).
Development of the preliminary engineering shall include an FHIM approved
schematic, an environmental aseesament and conducting of public hearings, as
required.
B. The P.S.i E. shall be developed by the State or its consultant in
accordance with the latest edition and revisions of the State's Qpsrations
and Procedures Manual, the State's Standard Specifications for Construction
of Highways. Streets and Bridges, and The Texa■ Manual o;) Uniform Traffic
Control Divicea (TMUTCD). For all items not discussed in the above
documents, the American Association of State Highway and Transportation
Officials' A Policy on Ceonetric Deaipn of hwave and Streets shall be
I
referenced for guidance.
6. CONSTRUCTION REU2N2LULLT.UA
i
A. The State shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of the
Project in accordance with existing procedures and applicable laws. Any
field changes, supplemental agreements or additional work orders which may
become necessary subsequent to tho award of the construction contract shall '
be the responsibility of the State. '
S. The State will supervise and inspect all work performed by the
• construction contractor and will provide such engineering, inspection and
testing services as may be required to ensure that the construction of the • •
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Project is accomplishes '.n accordance with the approved P.S.s E. The City
will be allowed to review the construction work provided the review does not
interfere with the work being performed by the State's contractor.
C. Upon completion of tho Project, the State will issue to the City a
"Notification of Completion", acknowledging that the Project has been
completed.
7. FUNDING RESPONSIBILITIES
A. The items subject to Federal reimbursement. for this Project, are
preliminary engineering, P.S.6 E. preparatior. and construction. The
estimated cost of these items is d 2oo.ooD Construction items shall
include construction engineering and testing services.
B. The State will be responsible for securing the Federal share of funding
required for the development and construction of the Project. The City will
be responsible for any non-federal participation costs associated with the
Project.
C. Upon execution of this agreement, the City will submit a check or n
warrant made payable to the "Texas Department of Transportation" in the Lr
amount of i 6.107 This amount is based on twenty one percent (21%) of
' the estimated engineering coats. These funds wi'.1 be utilized by tho State j
to prepare the engineering documentation and cover other incidental costs.
D. Sixty (60) days prior to the date met by the State for receipt of the
construction bids, the State will notify the City to make available funding
required for the construction of the Project. The City shall remit a check
or warrant payable to the 'Texas Department of Transportation' in the amount
specified by the State equal to twenty one percent (21%) of the total
I
• estimated construction coat. Payment must be made within thirty (30) days
of receipt of the State's written notification. The City contribution is
estimated to be 35.897 The City shall fund all non-federal and non- '
state participation costs of any and all change orders or cost overruns.
I
Payment for these change orders or cost overruns must also be made within
• thirty (30) days of receipt c7 the State's written notification.
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k E. The State will perform an audit of all costs associated with the Project
upon completion. In the event additional funding is required by the City at
anytime during the development of the Project, the City will provide the
funds within thirty (30) days from receipt of the State's written
notification. In the event any funds are due the City, the State will
promptly make arrangements to provide the funds to the City.
8. INDI T COST RECOVERY PLAN
Section 7106.001 et seq., Government Code, Vernon's Code Annotated, requires
the State to recover indirect costs based on a percentage of the State's
actual direct costs to complete the Project. The indirect coatz will be in
accordance with the State's Indirect Cost Recovery Plan and are estimated to
be 9 17,040 The City shall be responsible for twenty one percent (214)
of the State's indirect cost. The City's indirect costs are estimated to be
$ 3.57@_. Payment must be made within thirty (30) days from receipt of the
State's written notification.
9. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by
the City shall remain the property of the City and all documents prepared by
the State shall remain the property of the State. All date prepared under
this agreement shall be made available to the State without restriction or
limitation on their further use.
10. TERMINATION ,
i
A. This agreement may be terminated by any of the following conditions,
(1) By mutual written agreement and consent of both parties.
1 (2) By either party, upon the failure of the other party to fulfill the
obligation as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. If
the potential termination of this agreement is due to the failure of the
City to fulfill its contractual obligations as set forth herein, the State
will notify the City that possible breach of contract has occurred. The
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City should make every effort to remedy the breach as outlined by the State
within a period mutually agreed upon by both parties.
11. INDEMNI FICATION
The City acknowledges that it is not an agent, servant, or employee of the
State, and that it is responsible for its own acts, forbearance, negligence
and deeds, and for those of its agents or employees in conjunction with the
performance of work covered under this agreement.
12. AMENDMENTS
Any changes in the time frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written amendment
executed by both the City and the State.
13, LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for
any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other
provisions hereof and this agreement shall be construed as if such invalid,
illegal or urcnforceable provision had never been contained herein.
14. NOTICES
All notices to either party by the other required under this agreement shall
be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to such party at the following respective addressesi
Stater Texas Department of Transportation
Attentions Director of Transportation
Planning and Development
9700 East R.L. Th-zrnton
Dallas, TX 75228
Cityi The City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
.r
All notices shall be deemed given on the date so delivered or so deposited
in the mail, unless otherwise provided herein. Either party hereto may
change the above address by sending written notice of such change to the
e other in the manner provided herein.
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15. SOLE AOREEMEHT
This agreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral agreements
respecting the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
n duplicate counterparts.
THE CITY OF DENTON, TEXAS
By t
Typod '.Jame
Titae
Date
ATTESTi
City Secretary
p
4
THE STATE CF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100009 and Administrative
Circular 96.93, for the purpose and effect of activating and carrying out the
orders, establiahed policies or work programs heretofore approved by the Texas
Transportation Commission.
gys
Portia Housmann
Manager of Review and Negotiated Contracts
e
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~XH1a1T "G"
TEXAS TRANSPORTATION COMI SS[ON
VARIOUS County MINUTE ORDER Page I of 5 Pages
District No. VARIOUS
i
WHEREAS, the Project Development Plan (POP) of the Texas
Department of Transportation is a'ten year plan which authorizes
project planning and development, and is submitted to the Texas
Transportation Commission for approval on an annual basis; and
WHEREAS, the 1993 Transitional POP was structured and developed
with categories to utilize the lntermodal Surfare Transportation
Efficiency Act of 1991 (1STEA); and
WHEREAS, development and construction of many projects in the
POP are subject to the approval/concurrence of the Metropolitan
Planning Organizations (HPOs); and
WHEREAS, the MPOs have recently made significant modifications
to the list of projects which they propose to include in their
Transportation Improvement Programs (TIPs); and
WHEREAS, the letting to contract of projects contained in the
POP is further subject to the availability of projected funds; and
WHEREAS; the structure of the various categories of work,
including the description, the restrictions, the method of allocation
and policy of the 1993 Transitional PUP was outlined in Minute Order
101106 dated June 24, 1992 and amended in Minute Order 101590 dated
October 28, 1992; and
WHEREAS, Minute Order 101588 dated October 28, 1992 approved
the structure of the allocation program portion of the 1993
Transitional POP, and authorized projects in various allocation
programs; and
WHEREAS, an update of these previously authorized projects and
policies is required to more accurately depict and properly guide
planning and development; and
WHEREAS, it is appropriate to address the status of the 1993
Transitional POP and the approval of the 1994 POP separately with
respect to mobility and allocation categories; and
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page 2 of 5 Pages
District No. VARIOUS
WHEREAS; for mobility categories, Minute Order 101106 and
subsequent Minute Orders 101586 and 101587 dated October 28, 1992
approved spe-ific projects for various levels of authorization in the
1993 Transitional POP In Category 1 - Interstate Construction, Category
3A - National Highway System (NHS) Mobility, Category 35 - NHS Texas
Trunk System, Category 30 - NHS Traffic Management, Category 3E - NHS
Miscellaneous, Category 12 - Commission Strategic Priority and Category
13 - State Mobility; and
WHEREAS, for mobility categories, Minute Order 1015NL and
subsequent Minute Order 01765 dated December 22, 1992 approved
specific projects for various levels of authorization in the 1993
Transitional POP in Category 4C - Surface Transportation Program (STP)
Metrnpoiitan Mobility/Rehabilitation, Category 4D - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air
Quality Improvement; and
WHEREAS, for allocationcategories, Minute Order 101588 and
subsequent Minute Order 101765-approved specific projects in the 1993
Transitional POP in Category 4A - 1993 Highway Safety Improvement
Program, 1993 Federal Railroad Signal Program, and 1993 Aailroad School
Bus Signal Program, Category 6 - 1993-1995 On State System Bridge
Program, and 1993-1995 Off State System Bridge Program, Category 8 -
1992-1994 farm to Market Road Program, and Category 16 - 1993 Railroad
Grade Cross Replanking Program; and
WHEREAS, several of the allocation programs approved in the
1993 Transitional POP currently have unobligated balances for which
projects have now been identified as additions to the previously
approved programs; and
WHEREAS, Minute Order 101765 authorized district allocations.
• for the allocation program portion of the 1994 POP, and directed that
when the projects have been selected for allocation programs (other
than "bank balance" programs), the programs be returned to the
attention of the Commission for approval of specific projects; and
II _ _
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page 3 of 5 Pages
District No. VARIOUS
WHEREAS, projects have now been identified for the allocation
programs of the 1994 POP;
NOW, THEREFORE, IT IS ORDERED that the structure of the various
categories of work,- Including the description, the restrictions, the
method of allocation and policy outlined in Minute Orders 101106 and
101590 is hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for the Category 3A - NHS Mobility, Category 36 - NHS
Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E -
NHS Miscellaneous, Category 12 - Commission Strategic Priority and
Category 13 - State Mobility projects listed in Minute Orders 101106,
101586 and 101587 are hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for Category 4C - STP Metropolitan
Mobility/Rehabilitation, Category 40 - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehabilitation and Category S - Congestion Mitigation and Air
Quality Improvement projects listed in Minute Orders IOIb88 and 101765
are hereby cancelled; and ,
IT IS FURTHER ORDERED for allocation categories that the
projects approved as a part of past allocation programs that have not
been selected for other categories of the 1994 POP shall retain their
authority in those programs; and
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page _ 4 of 5 Pages
District No. VARIOUS
IT IS FURTHER ORDERED that the 1994 PROJECT OEVELOPMENT PLAN as
shown in the following exhibits is hereby approved:
Exhibit A - Structure of the various categories of work,
including descriptions, restrictions, methods of allocation and
policy.
Exhibit B - interstate Construction (Category 1).
Exhibit C - National Highway System (Category 3):
NHS Mobility, NHS Texas Trunk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit D - Surface Transportation Program (Category 4):
1994 Highway Safety Improvement Program, 1994 Federal Railroad
Signal Program, 1994 Railroad School Bus Signal Program,
1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993-
1002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural
Nobility/Rehabilitation, and 1994 Railroad Grade Separations
Program.
Exhibit E - Congestion Mitigation and Air Quality '(Category 5).
Exhibit F - Bridge Replacement/Rehabilitation (Category 6):
1993-19 95 On State System Bridge Program (Additions), 1996 On
State System Bridge Program, 1993-1995 Off State System Bridge
Program (Additions), and 1996 Off State System Bridge Program.
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TEXAS TRANSPORTATION COMMISSION
VARIOUS -County MINUTE ORDER Page 5 of 5 Pages
District No, VARIOUS
Exhibit G - Farm to Market Road Program (Category 8):
997 2-1994 Farm to Market Road Program (Additions) and 1995 Farm to
Market Road Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit I - State Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Replanking Program.
IT IS FURTHER ORDEREO that the Executive Director is hereby
authorized to proceed in the most feasible and economical manner with
project development for the projects included in Exhibits B through J
to include any necessary agreements, right of way acquisition, utility
adjustments, and relocation assistance, subject to the policies of the
Texas Department of Transportation and all applicable federal and State
laws governing the acquisition policies for acquiring real property.
IT IS FURTHER ORDERED that the specific allocation programs
authorizes by Minute Order 101765 for the 1993 Transitional Project
Development Plan shall remain active and in effect.
IT IS FURTHER ORDEREII that the sections of highway shown in
Exhibit K are hereby designated as a part of the State Highway System
subject to the conditions indicated.
IT IS FURTHER ORDERED that this Minute Order be effective as of
September 1, 1993.
i
Submitted by: Examined and recommended by:
• a o
Director of Highway Design Approved liszociate Executive Director
£xecutlve Director
Minute Number 102542
Z~o Dale Passed JUL 29 93
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Denton County
CSJi 0195.07-901
IH 351 At US 360
STATE OF TEXAS '
COUNTY OF TRAVIS
A 0 R E E M 8 N T
(CONGESTION MITIGATION AND
AIR QOALITY IMPROVEMENT PROGRAM)
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State"
and the City of Denton, Texas, acting by and through the Denton City Counci.,
hereinafter called the "City".
W I T N R 8 S 8 T 8
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 st seq., establishes the
National Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will :hove people and goods in an energy efficient manner; and
WHEREAS, Title 23 V.S.C. Section 119 establishes a congestion mitigation and
air quality improvement program ("CMAQ") to contribute to the attainment of a
national ambient air quality standard to be implemented by the States'
Transportation Agencies) and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO'a") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, the State and the City desire improvements at the intersection of
• IH 35 and US 380, as shown in "Exhibit A", to be hereinafter identified as the
I
"Project"; and
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of
funding for CMAQ programs will not exceed eighty percent (80%1 of the Project
i
coat; and
° C
WHEREAS, the City has offered to participate in the development and ~ • O
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construction o- the Project by providing funding and other necessary items as
required by the State; and
WHEREAS, on the _ day of , 19_, the Denton City Council passed
Resolution No. attached hereto and identified as "Exhibit B",
authorizing the City's participation in the development of the Project; and
WHEREAS, the State will secure the Federal cost share, prepare the
preliminary engineering and design plans, let the construction contract, provide
the construction inspection,.and provide other items as required; and
WHEREAS, on the 2_ day of July , 1921, the Texas Transportation
Commission peered Minute Order 102542 attached hereto and identified as
"Exhibit CO, authorizing the Project through the State Transportation Improvement
Program;
A 6 R B B M E N T
i
NOW, THEREFOP.F, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it in agreed as followas
1, CONTRACT PFkIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless terminated or modified as
hereinafter provided.
2. SCOPE OF Pq_Q=
A. The State and the City agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation Commission.
B. The Pruject will be designated as a bETROPOLITAN HIGHWAY for the limited
purpose of constructing the roadway facility; however, any existing city
• street within the limits of the Project will not be designated or
incorporated therein prior to the State's award of the construction
contract.
C. The City will continua to provide maintenance for all city roads within
the limits of the Project until the State's award of the construction
contract. i
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3. M LITY ADJUSTMENTS RELOCATIONS
In the event the proposed highway construction requires the adjustment,
removal or relocation of utility facilities, the State will establish the
necessary utility work in accordance with 43 TAC, Sec 21.31.21.53, if
applicable, and notify the affected utility companies of the required work.
Unless otherwise provided by the owners of the utility facilities, the State
shall be responsible for the adjustment, removal or relocation of such
utility facilities in accordance with applicable State law, regulations,
policies and procedures. In the avant additional utilities are required to
be adjusted, removed or relocated during the construction of the Project,
the State will be responsible for accomplishing the additional utility work,
unless this work is provided by the owners of the utility facilities.
4. ENV;RONMENTAL MITIGATION
A. The State will be responsible for the mitigation and remadiation of any
environmental problems associated with the development and construction of
the Project. These may involve, but not be limited to studies related to
the followings
1. public involvement
2. Environmental Impact Studies
3. Environmental Assessments
4. applicable environmental documents discussing social, economic and
environmental impacts of the proposed project
5. noise analysis
6. air quality analysis
7. 4(f) lands such as public parks, recreational areas,
wildlife/waterfcwl refuges
8. historical and archeological sites ■s regulated by the State
Historical Preservation Office and Texas Antiquities Commission
9. wetlands, Jurisdictional Waters, and vegetation as ragulated by
Texas Parks and Wildlife (TPW)
30. prime and unique farmlands as regulated by Soil Conservation Service
11. threatened or endangered species as regulated by TPW and U.S. Fish
and Wildlife
• 12. erosion control and applicable National Pollution Discharge
Elimination System (NPDES)
13. applicable permits from U.S. Corps of Engineers
e. In addition, the State will be responsible for the assessment, '
remediation and/or disposal of regulated materials encountered prior to and
during construction, which may include but not be limited to the followings
• 1. asbestos containing materials as regulated in 40 Code of Federal
Regulations (CFR) 763 a
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2. polychlorinated biphenols as regulated by 40 CFR 761
3. petroleum (i.e. gasoline and diesel) contaminated soils as regulated
by 31 Texas Administrative Code 334
4. Hazardous Waste as defined in 40 CFR 261
5. Class I and It waste as regulated by Texas National Resource
Conservation Commission
6. infectious or blood borne pathogen waste
7. radioactive waste
8. all Comprehensive Environmental Response and Comprehensive Liability
Acts as Identified in 40 CFR 300.399
The State will not let the construction contract until all known
environmental problems have been remediated.
5. ENOIMERINO RESPONSIBILITIES
A. The State will prepare the Project's preliminary engineering necessary
for the development of the plans, specifications and estimate (P.S.a E.),
Development of the preliminary engineering shall include an MA approved
schematic, an environmental assessment and conducting of public hearings, as
required.
3. The P.S.6 E. shall be developed by the State or its consultant in
accordance with the latest edition and revisions of the state's Operations
and Procedures Manual, the State's Standard Specifications for Construction
of Hiahwavs. Streets and iLr_idces, and The Texas Manual on Uniform Traffic
Control Divices (TMUTC0. For all items not discussed in the above
documents, the American Association of State Highway and Transportation
Officials' A Policy On Geometric Desian_of_Highways and Streets shall be
referenced for guidance.
6. CONSTRUCTION RESPONSIBILITIES
A. The State shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of the
Project in accordance with existing Procedures and applicable laws. Any
• field changes, supplemental agreements or additional work orders which may
become necessary subsequent to the award of the construction contract shall
be the responsibility of the State.
B. The State will supervise and inspect all work performed by the
A construction contractor and will provide such engineering, inspection and
testing services as may be required to ensure that the constru^_tien of the O
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Project is accomplished in accordance with the approved P.S.6 E. The City
will be allowed to review the construction work provided the review does not
interfere with the work being performed by the State's contractor.
C. Upon completion of the Project, the State will issue to the City a
"Notification of Completion", acknowledging that the Project has been
completed.
7. FUNDING RESPONSIBILITIES
A. The items subject to Federal reimbursement, for this Project, are
preliminary engineering, P.S.i E. preparation, and construction. The
estimated cost of these items is ~~y0.000 Construction items shall
include construction engineering and tenting services.
B. The State will be responsible for socuring the Federal share of funding
required for the development and construction of the Project. The City will
be responsible for any non-federal participation costs associated with the
Project.
C. Upon execution of this agreement, the City will submit a check or
warrant made payable to the "Texas Department of Transportation" in the
amount of i 3.440 This amount is based on twenty percent (203) of the
estimated engineering costs. These funds will be utilised by the State to
prepare the engineering documentation and cover other incidental costs.
D. Sixty (60) days prior to the date set by the State for receept of the
construction bids, the State will notify [he City to make available funding
required for the construction of the Project. The City shall remit a check
or warrant payable to the 'Texas Department of Transportation' in the amount
specified by the State equal to twenty percent (20%) of the total estimated
• construction cost. Payment must be made within thirty 131) days of receipt
of the Status's written notification. T2_e City contribution is estimated to
i
be 16.560 The City shall funds all non-federal and non-state
participation costa of any and all change orders or cost overruns. Payment
for these change orders or cost overruns must also be made within thirty
(10) days of receipt of the State's written notification. I
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E. The State will perform an audit of all costs associated with the Project
upon completion. In the event additional funding is required by the City at
anytime during the development of the Project, the City will provide the
funds within thirty (I0) days from receipt of the State's written
notification. In the event any funds are due the City, the State will
promptly make arrangements to provide the funds to the City.
S. INDTRECT COST RECOVERY PLAN
Section 2106.001 at seq.,,Govarrunant Code, Vernon's Code Annotated, requires
the State to recover indirect costs based on a percentage of the State's
actual direct costs to complete the Project. The indirect costs will be in
accordance with the State's Indirect Cost Recovery Plan and are estimated to
be 8.520 The City shall be responsible for twenty percent (20%) of
the State's indirect cost. The City's indirect costs are estimated to be
1,704 Payment must be made within thirty (30) days from receipt of the
State's written notification.
9. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by
the City shall remain the property of the City and all documents prepared by
the State shall remain the property of the State. All data prepared under
this agreement shall be made available to the State without restriction or
limitation on their further use.
16. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
Q obligation as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. If
the potential termination of this agreement is due to the failure of the
City to fulfill its contractual obligations as set forth herein, the State
® will notify the City that possible breach of contract has occurred. The Q Q
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City should make every effort to remedy the breach as outlined by the State
within a period mutually agreed upon by both parties.
11. INOFMNIFSCATION
The City acknowledges that it is not an agent, servant, or employee of the
State, and that it Is responsible for its own acts, forbearance, negligence
and deeds, and for those of its agents or employees in conjunction with the
performance of work covered under this agreement.
12. AMENDMENTS
Any changes in the tim: frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written amendment
executed by both the City and the State.
13. L GAL. CONSTRUCTION
in case one or more of the provisions contained in this agreement shall for
any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other
provisions hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
14. NNgTICES
All notices to either party by the other required under this agreement shall
be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to such party at the following respective addresses:
Statei Texas Department of Transportation
Attentions Director of Transportation
Planning and Development
9700 East R.L. Thornton
Dallas, TX 75228
,I
• Citys The City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
All notices shall be deemed given on the date so delivered or so deposited
in the mail, unless otherwise provided herein. Either party hereto may
change the above address by sending written notice of such change to the
• other in the manner provided herein. Q
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15. $OLE AGREEMENT
This agreement constitutes the sole and only Agreement between the parties
hereto and supersedes any prior understandings or written or oral agreements
respecting the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused theme presents to be executed
n duplicate counterparts.
THE CITY OF DENTON, TEXAS
By:
Typed Name
Title
Date
ATTEST, _
City Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Administrative
Circular 26-53, for the purpose and effect of activating and carrying out the
orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
Bys
Portia Housmann
Manager of Review and Negotiated Contracts
Date
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EXHIaI 1 `G„
TEMS TRANSPORTATION COMMISSION
VARIOUS _ County MINUTE ORDER Page I or 5 Pages
District No. VARIOUS
WHEREAS, the Project P r'opment Plan (POP) of the Texas
Oepartment of Transportatio en year plan which authorizes
project planning and develo, .I ind is submitted to the Texas
Transportation Commission if.,. = royal on an annual basis; and
WHEREAS, the 1993 Transitional POP was structured and developed
with categories to utilize the Intermodal Surface Transportatiori
Efficiency Act of 1991 (1STEA); and
WHEREAS, development and construction of many projects in the
POP are subject to the approval /concurrence of the Metropoli"Can
Planning Organizatio.is (MPOS); and
WHEREAS, the MPOS have recently mada significant modifications
to the list of projects which they propose to include In their
Transportation Improvement Programs (TIPs); and
WHEREAS, the letting to contract of projects contained in the
POP is further subject to the availability of projected funds; and
WHEREAS; the structure of the various categories of work.
Including the description, the restrictions, the method of allocation
and policy of tt 1991 Transitional POP was outlined in Minute Order
101106 dated June 24, 1992 and amended in Minute Order 101590 dated
October 28, 1992; and
WHEREAS, Minute Order 101588 dated October 28, 1992 approved
the structure of the allocation program portion of the 1993
Transitional POP, and authorized projects in various allocation
programs; and
WHEREAS, an update of these previously authorized projecti and
policies is required to more accurately depict and properly guide
planning and development; and
WHEREAS, it is appropriate to address the status of the 1993 '
Transitional POP and the approval of the 1994 POP separately with
respect to mobility and allocation categories; and
II
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDCR Page 2 of 5 Pages
District No. VARIOUS
WHEREAS; for mobitity categories, Minute Order 101106 and
subsequent Minute Orders 101586 and 101587 dated October 28, 1992
approved specific projects for various levels of authorization in the
1993 Transitional POP in Category 1 - Interstate Construction, Category
3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas
Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS
Miscellaneous, Category 12 - Commission Strategic Priority and Category
13 - State Mobility; and
WHEREAS, for mobility cateoories, Minute Order 101588_and
subsequent Minute Order 10 765 dated December 22, 1992 approved
specific projects for various levels of authorization in the 1;93
Transitional POP in Category 4C - Surface Transportation Program (STP)
Metropolitan Mobility/Rehabilitation, Category 40 - SIP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air
Quality Improvement; and
WHEREAS, for allocation categories, Minute Order 101588 and
subsequent Minute Order 10 7 5 approved specific projects in the 1993
Transitional POP in Category 4A - 1993 Highway Safety Improvement
Program, 1993 federal Railroad Signal Program, and 1993 Railroad School
Bus Signal Program, Category 6 - 1993-1995 On State System Bridge
Program, and 1993-1995 Off State System Bridge Program, Category S -
1992-1994 farm to Market Road Program, and Category 16 - 1993 Railroad
Grade Cross Replanking Program; and
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WHEREAS, several of the allocation programs approved in the
1993 Transitional POP currently have unobligated balances for which
projects have mw been identified as additions to the previously
approved programs; and
WHEREAS, Minute Order 101765 authorized district allocations.
• for the allocation program portion of the 1994 POP, and directed that
when the projects have been selected for allocation programs (other
than "bank balance" r rams the
P o9 programs be returned to the ,
attention of the Commission for approval of specific projects; and
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TEXAS TRANSPORTATION COMMISSION
VARIOUS _ County MINUTE ORDER Page 3 of 5 Pages
District No. VARIOUS
WHEREAS, projects have now been identified for the allocation
programs of the 1994 POP;
NOW, THEREFORE, IT IS ORDERED that the structure of the various
categories of work,' including the description, the restrictions, the
method of allocation and policy outlined in Minute Orders 101106 and
101590 is hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for the Category 3A - NHS Mobility, Category 38 - NHS
Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E -
NHS Miscellaneous, Category 12 - Commission Strategic Priority and
Category 13 - State Mobility projects listed in Minute Orders 101106,
101566 and 101587 are hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for Category 4C - STP Metropolitan
Mobility/Rehabilitation, Category 4D - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehabilitation and Category 5 - Congestion Mitigation an. Air
Quality Improvement projects listed in Minute Orders 101588 and .01765 f
are hereby cancelled; and {
IT IS FURTHER ORDERED for allocation categories that the
projects approved as a part of pasts allocation programs that have not
been selected for other categories of the 1994 POP shall retain their
authority in those programs; and
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TEXAS TRANS PORT,,T ION COMMISSION
VARIOUS -County MINUTE ORDER Page _ 4 of 5 Pages
District No. VARIOUS
IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as
shown in the following exhibits is hereby approved:
Exhibit A - Structure of the various categories of work,
including description;, restrictions, methods of allocation and
policy.
Exhibit B - Interstate Construction (Category 1).
Exhibit C - National Highway System (Category 3):
NHS Mobility, NHS Texas Trunk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit 0 - Surface Tr.nsportation Prograr (Category 4):
T9-j'4 Hig-hway Safety Impicvement Program, 1994 Federal Railroad
Signal Program, 1994 Railroad School Sus Signal Program,
1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993-
2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural
Mobility/Rehabilitation, and 1994 Railroad Grade Separations
Progrer.
Exhibit E - Congestion Mitigation and Air Quality '(Category 5).
Exhibit F - Bridge Replacement/Rehabilitation (Category 6):
~193~9-95 On State System Bridge Program (Additions), 1996 On
State System Bridge Program, 1993-1995 Off State System Bridge
Program (Additions), and 1996 Off State System Bridge Program.
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TEXAS TRANSPORTATION COMMISSION
VARIOUS -County MINUTE ORDER Page 5 of 5 Pages
District No. VARIOUS
Exhibit G - Farm to Market Road Program (Category S):
1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to
Market Road Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit I - State Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Replanking Program.
IT IS FURTHER ORDERED that the Executive Director is hereby
authorized to proceed in the most feasible and economical manner with
project development for the projects included in Exhibits Ei through J
to include any necessary agreements, right of way acquisition, utility
adjustments, and relocation assistance, subject to the policies of the
Texas Department of Transportation and all applicable Federal and State
laws governing the acquisition policies for acquiring real property.
IT IS FURTHER OROEREO that the specifir allocation programs
authorized by Minute Order 101165 for the 1993 Fansitional Project
Development Plan shall remain active and in effect.
IT IS FURTHER ORDERED that the sections of highway shown in
£xh+bit K are hereby designated as a part of the State Highway System
subSect'to the conditions indicated.
IT IS FURTHER ORDERED that this Minute Order be effective as of
September 1, 1993.
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Submitted by: Examined and recommended by:
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Director of Highway Dezign approved Associate Executive Director
W
Executive Director
Minute Number 102542
99. Date Passed JUL 29 93
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Denton County
CSSe 0081.04.901
US 377 AT IH 35E
STATE OF TEXAS '
COUNTY OF TRAVIS • k
A 0 R 8 8 M S N T
(CONGESTION MITIGATION AND
AIR QUALITY IMPROVEMENT PROGRAM)
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State"
and the City of Denton, Texas, acting by and through the Denton City Council,
hereinafter called the "City'.
M I T N 8 8 8 8 T 8
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 at seq., establishes the
National Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 V.S.C. Section 149 establishes a congestion mitigation and
sit- quality improvement program ("CY.AQ') to contribute to the attainment of a
national ambient air quality standard to be implemented by the States'
Transportation Agencies; and
WHEREAS, Title 23 U.S.C, Section 134 establishes that Metropolitan Planning
Organisations ('MPO'a") and the States' Transportation Agencies develop
transportation p:ana and programs for urbanized areas of the State; and
WHEREAS, the State and the City desire improvements to US 377 at IH 35£
t intersection, as shown in "Exhibit A", to be hereinafter identified as the
"Project"s and
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of
funding for CMAQ programs will not exceed eighty percent (80%) of the Project
cost; and
t WHEREAS, the City has offered to participate in the development and t t
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construction of the Project by providing funding and other necessary items as
required by the State; and
WHEREAS, on the _ day of 19_, the Denton City Council passed
Resolution No. attached hereto and identified as "Exhibit B',
authorizing the City's participation in the development of the Project; and
WHEREAS, the State will secure the Federal cost share, prepare the
preliminary engineering and design plans, let the construction contract, provide
the construction inspection, and provide other items as required; and
WHEREAS, on tl!e _21- day of July , 1521, the Texas Transportation
Commission passed Minute Order 102562 attached hereto and identified as
'Exhibit C", authorizing the Project through the State Transportation Improvement
Program;
A 0 R 8 9 X 9 3 T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreemLnts of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows
1. COWU ACT PERI0
This agreement becomes effective upon final execution by the State and shall
terminate upon completion of the Project or unless terminated or modified as
hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation Commission.
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the roadway facilityt however, any existing city
. street within the limits of the Project will not be designated or
incorporated therein prior to the State's award of the construction
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contract.
C. The City will continue to provide maintenance for all city roads within
the limits of the Project until the State's award of the construction
• contract. •
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3. UTILITY ADJUSTMEl7TU RELOCATIONS
In the event the proposed highway construction requires the adjustment,
removal or relocation of utility facilities, the State will establish the
necessary utility work in accordance with 43 TAC. Sec 21.31-21.53, if
applicable, and notify the affected utility companies of the required work.
Unless othereise provided by the owners of the utility facilities, the State
shell be responsible for the adjustment, removal or relocation of such
utility facilities in accordance with applicable State law, regulations,
policies and procedures. In the event additional utilities are required to
be adjusted, removed or relocated during the construction of the Project,
the State will be responsible for accomplishing the additional utility work,
unless this work is provided by the owners of the utility facilities.
4. ENVIRONMENTAL MITIGATION
A. The State will be responsible for the mitigation and remediaticn of any
environmental problems associated with the development and construction of
the Project. These may involv3, but not be limited to studies related to
tie following:
1. public involvement
2. Environmental Impact Studies
3. Environmental Assessments
4. applicable environmental documents discussing social, economic and
environmental impacts of the propoaeu project
5. noise analysis
6. a-r quality analysis
7. 4(f) lanAs such as public parks, recreatiDnal areas,
wildlife/waterfowl refuges
8. historical and archeological sites as regulated by the State
Historical Preservation Office and Texas Antiquities Commission
9. wetlands, Jurisdictional Waters, and vegetation as regulated by y
Texas Parks and Wildlife (TPW)
10. prime and unique farmlands as regulated by Soil Conservation Service
11. threatened or endangered species as regulated by TPW and U.S. Fish
and Wildlife
12, erosion control and applicable National Pollution Discharge I{
• Elimination System (NPDES)
13. applicable permits from U.S. Corps of Fnginsers
H. In addition, the State will be responsible for the assessment,
remediation and/or disposal of regulated materials encountered prior to and
during construction, which may include but not be limited to the following:
t_
1. asbestos containing materials as regulated in 40 Code of Federal j • O
Regulations (CFR) 763
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2. polychlorinated biphenols as regulated by 40 CPR 761
3. petroleum (i.e. gasoline and diesel) contaminated soils as regulated
by 31 Texas Administrative Code 334
4. Hazardous Waste as defined in 40 CFR :L-:
5. Class I and 11 waste as regulated by Texas National Resource
Conseraation Commission
6. infectious or blood borne pathogen waste
7, radioactive waste
B. all Comprehensive Environmental Response and Comprehensive Liability
Acts as identified in 40 CFR 300.399
The State will not let the construction contract until all known
environmental p:oblems have been remedlated.
5. ENGINEERING RESPONSIBILITIES
A. The State will prepare the Project's preliminary engineering necessary
for the development of the plans, specifications and estimate (P.S.4 E.).
Development of the preliminary engineering shall include an FHWA approved
schematic, an arvironmental assessment and conducting of pudic hearings, as
required.
B. The P.S. E. shall be developed by the State or its consultant in
accordance w:-th the latest edit,''-on and revisions of the State's operations
and Procedures Manual, the State's Standard Specifications for Const--uction
Q,L$iahways. Streets and Bridges, and The Texas Manual on Uniform Traffic
E
^ontrol Divices (TMUTCD). For all items not discussed in the above
documents, the American Association of State Highway and Transportation
Officials' A Policy On Geometric Design of Highways and streets shall be
referenced for guidance.
6. CONSTRUCTIQN RESPONSIBILITIES
A. The State shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of the
Project in accordance with existing procedures and applicable laws. Any
• field changes, supplemental agreements or additional work orders which may
become necessary subsequent to the award of the construction contract shall r
be the reap nsibility of the State.
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8. The ^tate will supervise and inspect all work performed by the
• construction contractor and will provide such engineering, inspection and
testing services as may be required to ensure that the construction of the O O
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Project is accomplished in accordance with the approved P.S.6 E. The City
will be allowed to review the construction work provided the review does not
interfere with the work being performed by the State's contractor.
c. Upon completion of the Project, the State will issue to the City a
"Notification of Completion', acknowledging that the Project has been
completed.
7. FUNDING RESPONSIBILITIES
A. The items subject to Federal reimbursement for this Project are
prelimic.ry engineering, P.S.a E. preparation, and construction. The
estimated cost of these items is f 55.000 Construction items shall
include construction engineering and testing services.
B. The State will be responsible for securing the Federal share of funding
required for the development and construction of the Project. The City will
be responsible for any non-federal participation costa assaciated with the
Project.
C. Upon execution of this agreement, the city will submit a check or
warrant made payable to the "Texas Department of Tranrportation" in the
amount of $ 5,520 This e~4unt is based on forty six percent (46%) of the
estimated engineering costs. These funds will be utilized by the State to
prepare the engineering documentation and cover other incidental costs.
D. Sixty (60) days prior to the date set by the State for reciipt of the
construction bids, the State will notify the City to make available funding
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required for the constructicn of the Project. The City shall remit a check
or warrant payable to the 'Texas Department of Transportation' in the amount
specified by `.o State equal to forty six percent (66%) of the total j
estimated construction cost. Payment must be made within thirty (30) days
• of receipt of the State's written notification. The City contribution is
estimated to be $ 19.780 . The City shall fund all non-federal and non-
state participation costs of any and all change orders or coot overruns.
Payment for these change orders or cost overruns must also be made within
• thirty (30) days of receipt of the State's written notification. • •
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E. The State will perform an audit of all casts associated with the Project
upon completion. In the event additional funding is required by the city at
anytime during the development of the Project. the City will provide the
funds within thirty (30) days from receipt of the State's written
notification. In the event any funds are due the City, the State will
promptly make arrangements to provide the funds to the City.
B. Dpiecrm COST RECOVERY PLAN
Section 7106.001 at seq., Oovernnient Code. Vernon's Code Annotated, requires
the State to recover indirect costs based on a percentage of the State's
actual direct costa to complete the Project. The indirect coats will be in
accordanco with the State's Indirect Cost Recovery Plan and are estimated to
be 9 4.666 The City shall be responsible for forty six percent (46M) of
the State's indirect coat. The City's indirect costs are estimated to be
$ 2.156 _ Payment must be made within thirty (30) days from receipt of the
State's written notification.
9. OWNERSHIP OF CQCUMENTS
Upon completion or termination of this agreement, all documents prepared by
the City shall remain the property of the City and all documents prepared by
the State shall remain the property of the State. All data prepared under
this agreement shall be made available to the State without restriction or
limitation on their further use.
1C. TERMINATION
A. This agreement may be terminated by any of the following conditions
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
obligation as set forth herein.
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B. The termination of this agreement shall extinguish ■ll rights, duties,
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obligations and liabilities of the State and City under this agreement. If
the potential termination of this agreement is due to the failure of the
City to fulfill its contractual obligations as set forth heroin, the state
f will notify the City that pussible breach of contract has oc:urred. The •
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City should make every effort to remedy the breach as outlined by the State
within a p riod mutually agreed upon by both parties.
11, jV2ag7IFICATION
The city acknowledges that it is not an agent, servant, or employee of the
State, and that it is responsible for its own acts, forbearance, negligence
and deeds, and for those of its agents or employees in conjunction with the
performance of work covered under this agreement.
12. AMENDMENTS
Any changes in the time frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written amendmenc
executed by bo%h the City and the State.
19. LEGAL SQNS:r Ri1CTI0N
In case one or more of the provisions contained in this agreement shall for
any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforckAlilit; shell not affect any other
provisions here,f and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
16. NOTICES
All notices to either party by the other required under this agreement shall
be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to such party at the following respective addressesi
State. Texas Dcpartment of Transportation
Attentioni Director of Transportation
Planning and Development
9700 East R.L. Thornton
Dallas, T% 75228
City, The City of Denton, Texas
• 215 East McKinney Street
Denton, Texas 76201
All notices shall be deemed given on the date so delivered or so deposited '
in the mail, unless otherwise provided harein. Either party hereto may
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change the above aSdress by sending written notice cf such change to the
® other in the manner provided herein. •
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15. anr.F AGREEMENT
This agreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral agreements
respecting the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
n duplicate counterparts.
THE CITY OF DENTON, TEXAS
Sys
Typed Name
Title
Date
ATTESTS _
City Secretary _
f~
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THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation !f
Commission under the authority of Minute Order No. 100002 and Administrative
Circular 26.93, for the purpose and effect of activating and carrying out the
orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
Sys
Portia Housmann
Manager of Review and Negotiated Contracts
Date
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EXH161T `G" ,
TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page 1 of 5 Pa
ges
District No. VARIOUS
WHEREAS, the Project Perelopment Plan (POP) of the Texas
Department of Transportation is a ten year plan which authorizes
project planning and development, and is submitted to the Texas
Transportation Commission for approval on an annual basis; and
WHEREAS, the 1993 Transitional POP was structured and developed
with categories to utilize the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEAj; and
WHEREAS, development and construction of many projects in the
POP are subject to the approval/concurrence of the Metropolitan
Planning Organizations (MPOs); and
WHEREAS, the MPOs have recently made significant modifications
to the list of projects which they propose to include In their
Transportation Improvement Programs (T1Ps); and
WHEREAS, the letting to contract of projects contained in the
POP is further subject to the availability of projected funds; and
WHEREAS; the structure of the various categories of work,
Including the description, the restrictions, the method of allocation
and policy of the 1993 Transitional POP was outlined in Minute Order
101106 dated June 24, 1992 and amended in Minute Order 101590 dated
October 28, 1992; and
WHEREAS, Minute Order 101588 dated October 28, 1992 approved '
the structure of the allocation program portion of the 1993
Transitional POP, and authorized projects in various allocation
programs; and
WHEREAS, an update of these previously authorized projects and
policies is required to more accurately depict and properly gul.de
planning and development; and
• WHEREAS, it Is appropriate Eo address the status of the 1993
Transiti m al POP and the approval of the 1994 POP separately with i
respect so mobilItX and allocation categories; and
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TEXAS TRANSPORTATION COMMISSION
VARIOUS ---County MINUTE ORDER Page 2 of 5 Pages
District No. VARIOUS
WHEREAS; for mobilit categories, Minute Order 101106 and
subsequent Minute Orders 10 586 and 101581 dated October 28, 1992
approved specific projects for various levels of authorization in the
1993 Transitional POP in Category i - Interstate Construction, Category
3A - National Highway System (NHS) Mobility, Category 38 - NHS Texas
Trunk System, Category 30 - NHS Traffic Management, Category 3E - NHS
Miscellaneous, Category 12 - Commission Strategic Priority and Category
13 - State Mobility; and
WHEREAS, for mobility categories, Minute Order 101588-and
subsequent Minute Order 101765 dated December 22, 1992 approved
specific projects for various levels of authorization in the 1993
Transitional POP in Category 4C - Surface Transportation Program (STP)
Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehatilitation, Category 5 - Congestion Mitigation and Air
Quality Improvement; and
WHEREAS, for allocation categories, Minute Order 101088 and
subsequent Minute Order 10 765 approved specific projects in Vie 1993
Transitional POP in Category 4A - 1993 Highway Safety Improvement
Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School
Bus Signal Program, Category 6 - 1993-1995 On State System Bridge
Program, and 1993-1995 Off State System Bridge Program, Category 8 -
1992-1994 Faim to Market Road Program, and Category 16 - 1993 Railroad
Grade Cross Repierking Program; and
WHEREAS, several of the allocation_ programs approved in the
1993 Transitional POP currently have unob)igated balances for which
projects have now been identified as additions to tl.e previously f
approved programs; and
WHEREAS, Minute Order 101765 authorized district allocations,
for the allocation program portion of the 1994 POP, and directed that
e when the projects have been selected for allocation programs (other
than "bank balance" programs), the programs be returned to the
attention of the Commission for approval of specific projects; and
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TEXAS TRANSPORTATION COMMISSION
VARIOVS County MINUTE ORDER Page 3 of 5 Pages
District No. VRRIOUS
WHEREAS, projects have now been identified for the allocation
programs of the 1994 POP;
NOW, THEREFORE, IT IS ORDERED that the struct,re of the various
categories of work,' including the description, the restrictions, the
method of allocation and policy outlined in Minute Orders 191106 and
101590 is hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for the Category 3A - NHS Mobility, Category 38 - NHS
Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E -
NHS Miscellaneous, Category 12 - Commission Strategic Priority and
Category 13 - State Mobility projects listed in Minute Orders 101106,
101586 and 101587 are hereby cancelled; and
IT IS FURTHER OROEREO for mobility categories that the
authorization for Category 4C - STP Metropolitan
Mobility/Rehabilitation, Category 40 - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air
Quality Improvement projects listed in Minute Orders 101588 and 101765
are hereby cancelled; and
IT IS FURTHER ORDERED for allocation categories that the
projects approved as a part of past allocation programs that have not
been selected for other categories of the 1994 POP shall retain their
authority in those programs; and
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TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page _ 4 of 5 Pages
District No. VARIOUS
IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PIAN as
shown in the following exhibits is her0y approved:
Exhibit A - Structure of the various categories of work,
including descriptions, restrictions, methods of allocation and
policy.
Exhibit B - Interstate Construction (Category 1).
Exhibit C - National Highway System (Category 3):
NHS Mobility, NHS Texas Tm nk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit D - Surface Transportation Program (Category 4):
99T 4 Highway Safety Improvement Program, 1994 federal Railroad
Signal Program, 1994 Railroad School Bus Signal Program,
1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993-
2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural
Mobility/Rehabilitation, ane 1994 Railroad Grade Separations
Program.
Exhibit E - Congestion Mitigation and Air Quality '(Category 5).
Exhibit F - Bridge Replacement/Rehabilitation (Category 6):
1993-1995 On State System Bridge Program (Additions), 1996 On
State System Bridge Program, 1993-1495 Off State System Bridge
Program (Additions), and 1936 Off State System Bridge Program.
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TEXAS TRANSPORTATION COMMISSION
VARIOUS -----County MINUTE ORUER Page 5 of 5 pages
District No. VARIOUS
Exhibit G - Farm to Market Road Program (Category 8):
1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to
Market Road Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit I - State Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Replanking Program.
IT 1S FURTHER ORDERED that the Executive Director is hereby
authorized to proceed in the most feasible and economical manner with
project development for the projects included In Exhibits B through J
to Include any necessary agreements, right of way acquisition, utility
adjustments, and relocation assistance, subject to the policies of the
Texas Department or Transp m tation and all applicable Federal and State
laws governing the acquisition policies for acquiring real property.
IT IS FURTHER ORDERED that the specific allocation programs
authorized by Minute Order 101165 for the 1993 Transitional project
Development Plan shall regain active and in effect.
IT IS FURTHER ORDERED that the sections of highway shown in j
Exhibit K are hereby designated as a part of the State Highway System
subject to the conditions indicated.
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IT IS FURTHER ORDERED that this Minute Order be effective as of
September 1, 1993. '
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Submitted by: Examined and recommended by:
L
• Oirettor of Highx-ly Design Approved 'Associate Executive Uirector
ecutive Director-
--4---Minute Number 102542
Jr2. Uate passed __Jul. 29 93
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CITY COUNCIL RLPORT Al"-AA No.
Agoda Wit, Ile 4147
Ua14 ,
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DATE: April 22, 1997
TO: Mayor and Members of the City CousC11
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Urban Street Program Agreement
PLEgO MENDATIONt
Approve ordinance authorizing the City Manager to execute the agreement.
SUMMARY:
The total cost of the project is estimated to be $150,000.00. The State will
fund upp to $105,000.00 towards the cost to improve Carroll Boulevard. The
remaining $45,000.00 will be funded by the City.
SAC GROUNDS
The 1997 Urban Street Program, whlcis addressee reconstruction and restoration
needs of City Street (Collector designation or higher) within urbanized areas of
population of 50,000 or more.
The Metropolitan Planning Organization (MPO) has selected the above referenced
oroject with the concurrence of the state.
PROGRAMS. DEPARTMENTS, OR GROUPS t%FFECTEDI
The Engineering and Transportation Department will prepare the plane and
specifications. Bidding will be through the City Purchasing Department.
Contruction management and inspection will be by city forces. General public
will be restricted during construction (lane closures, detours, etc.).
FtSSC L IMPACT
Bond funds will be utilized to cove- the $45,000.00 (city share).
R ECT LLY S BMITaDa
VO 6
Deputy City .,onager
S Prepared by:
Je:c ark
Dire r of nginepring b Transportation
AEE0083A
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ORDINANCE NO.
AN CRDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENI'S TO CARROLL BOULEVARD FROM F.M. 428 TO U.S. 377 UNDER THE URBAN
STREET PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute an Agreement with
the Texas Department of Transportation for improvements to Carroll Boulevard from F.M. 428
to U.S. 377 under the Urban Street Program, which is attached hereto and incorporated by refer-
ence herein.
SECTION 11. That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION IU. That this ordinance shall become effective immedialely upon its passage
and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:/ e. lwrdosbrd~cwoll bli d Imp
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Denton County
CSJ: D918.46.081
STATE OF TEXAS '
COUNTY OF TRAVIS
A 0 R E 8 M E N T
(URBAN STREET PROGRAM)
THIS AGREEMENT is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the 'State',
and the City of Denton, Texas, acting by and through the Denton City Council,
hereinafter called the `City".
N I T N E E S E T N
WHEREAS, the Project Development Plan (PDP) is a ten-year plan, which
authorizes project planning and development; and
WHEREAS, on the _ ,Ur%_ day of -January , 1936, the Texas Transportation
Commission passed Minute Order _ 106713 , attached hereto and identified as
`Exhibit A`, approving the 1997 Urban Street Program, which addresses
reconstruction and restoration needs on city streets (collector or higher)
within urbanized areas witA populations of 50,000 or more; and
WHEREAS, the Stars and the City desire improvements on Carroll Boulevard j
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from F.M. 428 to U.S. 377, as shown in "Exhibit B", to be hereinafter identified
as the 'Project"; and
WHEREAS, the Metropolitan Planning organization(MPO) has selected this
Project with the concurrence of the state; and
WHEREAS, Exhibit J of Minute order 106713 establishes that the State
share of funding for each Urban Street Program project will not exceed eighty
percent (80%) of the costs of its grading, base, pavement, cross drainage,
pavement markings, guard fence and other safety features; and
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WHEREAS, Exhibit J of Minute Order 106713 establishes, the City will
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provide 20% of the costs of the heretcfore mentioned itemsi and will pay one
I hundred percent (100%) of any storm sewer, curb and gutter, sidewalks,
driveways, right-of-way, utility adjustments and environmental mitigation
• (i.e., sound walls, etc.); and • •
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WHEREAS, the City has offered to participate in the development and
construction of the Project by providing funding, preparing or causing to have
prepared the design plans, letting the construction contract, providing
construction inspection, acquiring the necessary right-of-way, providing
relocation assistance, preparing right-of-way description and value
determination, accomplishing the adjustment of utilities, condemning property,
providing certifications, providing environmental mitigation and providing
other necessary items as required by the State; and
WHEREAS, on the _ day of , 19_, the Denton City Council
passed Ordinance No. , attached hereto and identified as 'Exhibit C',
authorizing the City's participation in the development of the Project; and
WHEREAS, the State will review the engineering and right-of-way related
items, and other items as required, and maintain construction oversight;
A G R B B K B N T
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto, to be by them respectively
kept and performed as hereinafter set forth, it is agreed as follows:
1. CO TiRACT PLA10
This agreement becomes effective upon final execution by the State and
shall terminate upon completion of the Project or unless terminated or
modified as hereinafter provided.
2. SLOPE OF PROJECT 'I
A. The State and the City agree that the scope of the Project shall be f
limited to the scope authorized by the Texas Transportation Commission. I!
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B. The Project will be designated as a METROPOLITAN HIGHWAY for the
limited purpose of constructing the roadway facility; however, any
• existing city street within the limits of the Project will not be
designated or incorporated therein prior to the City's award of the
construction contract.
C. The City will continue to provide maintenance for all city roads
within the limits of the Project.
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3. ACOIIISIuQ~jl OF P,jSiliZQE•KAY MM RELOCATION ASSISTANCE
In the event right-of-way needs arise, the City shall perform all
necessary requirements to acquire the desired right-of-way required for
the construction of the Project. The City will comply with all
requirements of Title II and Title III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, Title 42
U.S.C.A. Section 4601, et seq., including those provisions relating to
incidental expenses incurred by the property owners, and benefits
applicable to the relocation of any displaced person as defined in 49
CPR, 24.2(g). Documentation to support such compliance must be
maintained and must be made available to the State and its
representatives for review and inspection. The City shall secure
easements over any land in addition to normal right-of-way as may be
indicated on the approved right-of-way map. The City will be
responsible for any additional right-of-way required for the completion
of the Project.
4. RIGRT-Q£-WAY DESCRIPTION
In the event right-of-way needs arise, the City will prepare right-of-
way maps, property descriptions and other data as needed to properly
describe the right-of-way which the City is to acquire and provide for
the Project. The right-of-way maps and property descriptions shall be
submitted to the State for approval prior to the City acquiring the
necessary right-of-way. Tracings of the right-of-way maps shall be
retained by the City for its
y y permanent records.
5. UTILITY ADJSIQTMENTSLRELOCATIONS
If the required right-of-way encroaches upon existing utilities and the
• proposed highway construction requires the adjustment, removal or
relocation of such utility facilities, the City will establish the r
necessary utility work in accordance with 43 TAC, Sec 21.31.21.53, if
applicable, and notify the affected utility companies of the required f
work. Unless otherwise provided by the owners of the utility I+
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facilities, the City shall be responsible for the adjustment, removal or
relocation of such utility facilities in accordance with applicable
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regulated by 31 Texas Administrative Code 334
4. Hazardous waste as defined in 40 CFR 261
5. Class I and II waste as regulated by Texas National Resource
Conservation Commission
6. infectious or blood borne pathogen waste
7, radioactive waste
8. all Comprehensive Environmental Response and Comprehensive
Liability Acts as identified in 40 CFR 300.399
The City shall not let the construction contract until all known
environmental problems hava been remediated.
B. EliGll7s~ING RcgppNSIBILITIES
A. The City will prepare or cause to have prepared the Project's
preliminary engineering necessary for the development of the plans,
specifications and estimate (P.S.i E.). Development of the preliminary
engineering shall include an FHWA approved schematic, an environmental
assessment and assistance to the State in conducting public hearings, as
required.
B. The P.S.i E. shall be developed by the City or its consultant in
accordance with the latest edition and revisions of the American
Association of State Highway and Transportation Officials' (AASHTO)
Standards established in AASHTO's A Policy on Goometric__Design of
li" hwavs and streets, the state's Standard Specifications for
Construction of Highways. Sereeta and Bridges, and Th€.TeXas Manual on
Uniform Traffj.c Control Devices ITMUTCD). Pavement restoration projects
will be developed to existing or higher pavement standards, based on
current traffic. The City shall not let the construction contract
until the P. S. a E. has been approved by the State.
9. CONSTRUCTION RESPONSIBILI11$
A. The City shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids and award a contract for construction of j
the Project in accordance with existing procedures and applicable laws.
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This Project may not be advertised for letting until the P.S.i E. has
been approved and a letter of Authority issutd by the State. The
preparation of any field changes, supplemental aq:eemente or additional
• work orders which may become necessary subsequent to the award of the • •
construction contract shall be the responsibility of the City.
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State law, regulations, policies and procedures. In the event
additional utilities are required to be adjusted, removed or relocated
during the construction of the Project, the City will be responsible for
accomplishing the additional utility work, unless this work is provided
by the owners of the utility facilities.
6. CERTZ£IL'fiTS~t
The City shall provide to the State forty-five (45) days prior to the
construction contract let date, certification that all right-of-way has
been acquired, all environmental problems have been remediated, and all
conflicting utilities have been adjusted to clear the proposed
construction.
7. ENVIRONMENTAL MITIGATION
A. The City will be responsible for the assessment, mitigation and
remediation of any environmental problems associated with the
development and construction of the Project. These may involve, but not
be limited to studies related to the following:
1. public involvement
2. Environmental Impact Studies
3. Environmental Assessments
4. applicable environmental documents discussing social, economic and
environmental impacts of the proposed project
5, noise analysis
6. air quality analysis
7. 4(f) lands such as public parks, recreational areas,
wildlife/waterfowl refuges
S. historical and archeological sites as regulated by the State
Historical Preservation Office and Texas Antiquities Commission
9. wetlands, Jurisdictional Waters, and vegetation as regulated by
Texas Parks and Wildlife (TPW)
10. prime and unique farmlands as regulated by Soil Conservation
Service
)1. threatened or endangered species as regulated by TPW and U.S. fish
and Wildlife
12. erosion control and applicable National Pollution Discharge
Elimination System (NPDES)
13. applicable permits from U.S. Corps of Engineers
• B. In addition, the City will be responsible for the assessment,
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remediation and/or disposal of regulated materials encountered prior to
and during construction, which may include but not be limited to the
following:
• 1. asbestos containing materials as regulated in 40 Code of Federal •
Regulations (CF-R) 763
2. polychlorinated biphenole as regulated by 40 CFR 761
3. petroleum (i.e., gasoline and diesel) contaminated soils as
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H. The City will supervise and inspect all work performed by the
construction contractor and will provide such engineering, inspection
and testing services as may be required to ensure that the construction
of the Project is accomplished in accordance with the approved P.S.6 E.
The State will be allowed to observe the construction work provided the
observation does not interfere with the work being performed by the
City's contractor.
C. Upon completion of the Project, the City will issue to the State a
"Notification of Completion', acknowledging that the Project has been
completed. Upon the State's receipt of the "Notification of Completion",
the ro.idway will be removed from the State Highway System and will
revert back to the jurisdiction of the City.
10. MAINTENANCE RESPONSIBILITIES
Upon the completion of the Project, the City will assume responsibility
for maintenance of the completed roadway facility.
11. FUNDING RESPONSIEj CITIES
A. The estimated cost of the construction items for this Project,
including construction engineering and testing services, is $ 150.000 .
The estimated cost for reviewing the design plans is 7.5Qp The City
shall fund thirty percent (30%) of the engineering review and
construction costs for the Project, which are subject to State
participation, one hundred percent (100%) of costs associated with any
proposed storm sewer, curb and gutter, sidewalks and driveways, and any
indirect costs as explained in Article 12,
8. In the event right-of-way 1s required for this project, furling for
right-of-way related items, including, but not limited to, the process
of acquisition and securing of easements, acquisition, relocation,
right-of-way description and value determination, utility adjustments, /
condemnation, certifications and environmental mitigation items listed
in Article 7, paragraph "s" hereabove, will be the dole responsibility
• of the City.
C. The State will be responsible for securing the State share of • •
funding required for the construction of the Project. The City will be fi
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responsible for any non-state participation costs associated with the
Project.
D. Upon execution of this agreement, the City will submit a check or
warrant made payable to the "Texas Department of Transportation" in the
amount of $_2,2_2L. This amount is based on thirty percent (30%) of the
estimated engineering review costs. Thesc funds will be utilized by the
State to review the design plans and cover other incidental costs.
E. The State shall reimburse the City costs which have been incurred
j and are applicable to the Federal cost sharing arrangement established
herein. The Payments to the City for services rendered will be made
monthly based upon the City's approved monthly progress report and
itemized and certified statements (Texas Department of Transportation
Form 132, or an invoice that is acceptable to the State) detailed to
show the names of employees, time worked, actual work performed and
actual rates. Monthly statements should include authorized non-salary
expenses with supporting itemized invoices.
F. The itemized and certified statements shall show the total amount
earned to the date of submission and the amount duo and payable as of
the date of the current statement. Final payment of any money due should
be made to the City after satisfactory completion of all services and
obligations covered in this contract, including acceptance of Mork by
the State and completion of final audit.
G. The original Form 132, or an invoice that is acceptable to the
State, should be submitted directly to the District Office to expedite
processing. Upon receipt and approval of each statement, the Department
shall pay the amount which is due and payable within thirty days' time.
• H. The State will perform an audit of all costs associated with the
Project upon completion. In the event additional funding is required
from the City at anytime during the development of the Project, the City
will provide the funds within thirty (30) days from receipt of the
• State's written notification. In the event any funds are due the City,
the State will promptly make arrangements to provide the funds to the ! • •
City. h
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12. INDIUCT QZST RECOVERY PLAN
Section 2106.001 et sea., Government Code, Vernon's Code Annotated,
requires the State to recover indirect costs based or. a percentage of
the State's actual direct costs to complete the Project. The indirect
costs will be in accordance with the State's Indirect Cost Recovery
Plan. The State's estimated indirect coat associated with the
construction of the Project is $ 10,740 The City shall fund thirty
percent (30%) of the State's indirect cost for the construction of the
Project. Th: State's estimated indirect cost for the engineering review
of the P-.oject is $ 537 The City shall fund thirty percent (30%) of
indirect cost associated with the engineering of the Project. Payment
must be made within thirty (30) days from receipt of the State's written
notification.
13. QME85Hl).'_41_QOCLnnENmS
Upon completion or termination of this agreement, all documents prepared
by the City shall remain the property of the City and all documents
prepared by the State shall remain the property of the State. All data
prepared under this agreement shall be made available to the State
without restriction or limitation on their further use.
14. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to
fulfill the obligation es set forth herein.
(3) By the State, if it determines that performance of the Project
is not in the best interests of the State.
• If the contract is terminated in accordance with the above provisions,
the City will be responsible for the payment of Project costa incurred r
by the State on behalf of the City up to the time of termination,
(4) Upon completion of the terms of this agreement.
• B. The termination of this agreement shall extinguish all rights,
duties, obligations and liabilities of the State and City under this O O
agreement. If the potential termination of this agreement is due to the
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failure of the City to fulfill its contractual obligations as set forth
herein, the State will notify the City that possible breach of the
contract has occurred. The City should make every effort to remedy the
breach as outlined by the State within a period mutually agrees upon by
both parties.
15. IMEMN=ATI
The City acknowledges that it is not an agent, servant, or employee of
the State, and that it is responsible for its own acts, forbearance,
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negligence and deeds, and for those of its agents or employees in
conjunction with the performance of work covered under this agreement,
16. AMENDMENT
Any changes in the time frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written amendment
executed by both the City and the State.
17. LEGSLQ=B! 110
In case one or more of the provisions contained in this agreement shall
for any reasons be held invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not
affect any other provisions hereof and this agreement shall be construed
as if such invalid, illegal or unenforceable provision had nsver been
contained herein.
16, NOTICES
All notices to either party by the other required under this agreement
shall be delivered personally or sent by certified U.S. mail, postage
prepaid, addressed to such party at the following respective addresses:
State: Texas Department of Transportation
0 Attention: Director of Transportation
Planning and Development
9700 Ldst R.L. Thornton
Dallas, TX 75228
City: The City of Denton, Texas
Attention: Director of Engineering
• and Transportation
215 Fast McKinney Street •
Denton, TX 76201
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All notices shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either party
hereto may change the above address by sending written notice of such
change to the other in the manner provided herein.
19. SOLE AGREE'
This agreement constitutes the sole and only agreement between the
parties hereto and supersedes any prior understandings or written or
oral agreements respecting the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in ALplicate counterparts.
THE CITY OF DENTON, TEXAS
By:
Ted genavides
Typed Name
City Manager
Title
Date
ATTEST:
City Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Stand-alone
Manual Notice 96.6, for the purpose and effect of activating and carrying out
the orders, established policies or work programs heretofore approved by the
Texas Transportation Commission.
By:
• Lawrence S. Zatopek
Director, General Services Division
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Date
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TEXAS TRANSPORTATION CONMUSS10N
VARIOUS CoMOtx KNUTE ORDER Pate _.i._ of -2- Page
Disteid VARIOUS
WHEREAS, the PROJECT DEVELOPMENT PLAN ltbe PDP) of the. Texas Department
of Transportation (the department) is a ten year plan which authorizes proses planning and
development; and
WHEREAS, the PDP is submitted to the Texas Transportation Commission (the
commission) for approval on an annual basis; and
WHEREAS, Mmute Order ID2942 dated November 30, 1993 approved the handling of
bank balance alrocatioo programs for several of the categories of the PDP; and
WHEREAS, Minute Order 102992 also directed that anp fuaue program amounts for the
bank balance alioc.Won programs be returned to the attention of the commission for approval; and
WHEREAS, this action is consistent with the 1995-1999 Strategic Plan strategy to plan,
design, arA manage highway projects;
NOW, THEREFORE, IT IS ORDERED that the annual program amounts and allocation
formulas for the programs listed in the following Exhibits be approved, and the projects
developed as part of the programs be developed by the department on an as-needed basis:
Exhibit A • Category 2, interstate Maintenance
1499.2000 Intmute Rehabilit9jon Program
Exhibit A • Category 3, National Highway System
1999.2000 National Highway System Rebabdiution Program
Exhibit C - Category 4, Surface Transportation Program (STP)
1998.1999 Federal Hazed Elimjnation Program
1 1997 Federal Railroad Signal Program
1997 Federal Railroad School Bus Signal Program
1999.2000 STP Urban/Rural Rehabilitation Program
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Exhibit D - Category 7, Preventive Maintenance
1997 State Preventive Maintenance Program
1997 District Preventive Maintenance Program
Exhibit E - Category 8, State Farm to Market Roads
• 1997 Farm to Market/Ranch to Market Road Rehabilitation Program
O tD
Exhibit F • Category 9, State Park Roads
1998 State Park Road Program
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Exhibit 0 - Category 10, State Rebabditation of Signs, Signals and Pavement Markings
1997 Traffic Control Devices Program
1997 Rehabilitation of Traffic Management Systems Program
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SPORTATION CONBUSSION
TEXAS TRAh
VARIOUS Ctnnty sw..VrEORDER ;e 2 or - Pages
District VARIOUS
Exhibit H - Category 11, Star: District Discretionary
1997 D';strict Discretionary Program
Exhibit I - Category 13C, NAl•-IA Discretionary
1997 Discretionary Program for NAFtA T elated Projects
Exhibit I - Category 13D, Urban Street Program
1997 Urban Stmt Program
Exhibit K - Category 14, State Rehabilitation
1997 State Rehabilitation Program
Exhibit L - Category 16, Nrucellaaeous
1997 Railroad Grade Crm'j4 Replu&ing Program
1997 Railroad Signal Malnteu."^x Program
1997 CoaxtrucLion Landscape Progr=
1997-1998 Landscape Cost Sharing Program
IT IS FURTHER ORDERED that the Executive Director is hereby 'uth0riz0d 10
herein Proceed
in the most feasible ar~d economical manner with project development as approved
include any necessary agreements, right of way- acquisition, utility ad;ustments and relocation
assCstaace.
Reviewtd by.
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Subaittcd by: •
Duoctor, Traaspottatioo Plmaiag and Deputy Executive Director for
Transportation Plaoaing and Developarat
Prvgramnsioi Division Rtcommrnded by:
Exe,uuve Dirodor
Hinute Numbs 04 14 t
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CATEGORY 13D - URBAN STREET PROGRAM
1997 URBAN STREET PROGRAM
Description:
This program addresses reconstruction and restoration needs no city streets with
populations of 50,000 or more. Streets must be classified as a collector or higher.
All r&- truction and added capacity projects must be developed in accordance with
Americans Association of State Highway and Transportation Official's (AASHTO)
standards.
This program lapses on 8-31-2000.
Program amount:
$18,000,000 (Allocations to districts attached) (Includes local 20% match)
Buis of allocation:
This program will be handled as a bank balance program: Eligible projects should be
developed by the Metropolitan Planatng Organizations (MPO) with district level TxDOT
cons ' pace on an as needed basis.
Policy:
Construction fund match and match for purchase of right-or-way and utility adjustments is
as follows:
The city will pay 100 percent of storm sewer, curb and ;utter, sidewalks, driveways,
tightof-way, utility adjustments and environmental mitigation (.e., sound walls, etc.)
T xDOT will pay 80 pacer-, of grading, base, p. vement (oo ptcveative maintenance
projects such as thin overlays and seal ooats), cross drainage, pavement markings, guard
fence and other safety features. The city will pay 20 percent of the above items.
Consultants may be used for plans, spocificadons and estimates preparation. The cities
will escrow funds for the department to select, musage and pay the consultants on those
• projects that will be managed by the department. A city may request that they be allowed
to provide complete plans, specifscaWoas and estimates, and manage the coastructioo of a
project. On these projects, the department will have oversight and audit responsibility.
Responsible division:
Trarisportation Punning and Programming Division •
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Agenda No,A-j-
a A Item 33
oate ata~ ~ i
CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E McKINNEY @ DENTON, TEXAS 76201
(817) 566.8200 • DfW METRO 434,2529
MEMORANDUM
TO: Mayor and Members of City Council
FROM: Kathy DuBose, Executive Director of Finance
DATE: May 6, 1997
SUBJECT: RESOLUTION TO AUTHORIZE MAYOR TO EXECUTE DEED OF
WARRANTY TO SALE PROPERTY BID IN TRUST TO CITY
RECOMMENDATION:
Staff recommends approval of the resolution to authorize the Mayor to execute a Deed
Without Warranty to Bert Gibbs for the purchase of property bid in trust to the City of
Denton from a tax foreclosure.
SUMMARY:
The City's delinquent tax collection attorney filed a motion in district court to collect
delinquent taxes on property known as Lot 3, Block 1, Woodcreek addition. Judgment was
granted and the property was offered for sale by the Sheriff on March 4, 1997. The
property did not receive a sufficient bid and was struck off to the City of Denton as trustee.
Subsequently, Mr. Bert Gibbs offered to purchase the property for the amount of delinquent
taxes owed ($11,298.85) as allowed by the property tax code.
0
BACKGROUND:
According to the Property Tax Code (section 34.05), the City may sell property that it
receives pursuant to a tax foreclosure as long as the property is not sold for less than the
market value or the total amount of judgments against the property, which ever is less. The
i total judgment against the above property was $11,298.85, therefore Mr. Gibb's offer V
satisfies the requirements of the property tax code.
"Dedicated to Quality Sen ice"
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Memo to Mayor and Members of City Council
May b, 1997
Page 2
PROGRAMS. DEPARTME14TS. OR GROUPS AFFECTED:
NIA
FISCAL IMPACT:
Currently this property is a vacant residential lot. The sale of this property to Mr. Gibbs
will allow the property to be developed, as well as get the property back on the tax roll.
Respectfully submitted:
tAA
Kathy Il
Executive Director of Finance
Prepared by:
I ]on tune
Chief Finance/Officer
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SALE OF PROPERTY DESCRIBED AS LOT 3,
BLOCK 1, WOODCREEK ADDITION, DENTON, DENTON COUNTY, TEXAS, AS MORE
FULLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A DEED
WITHOUT WARRANTY TO THE PURCHASER; AND PROVIDING AN EFFECTIVE
DATE,
WHEREAS, Cause No. 95-01271.16 was filed in the District Court of Denton County,
Texas to collect delinquent taxts on the following described property; and
WHEREAS, the District Court of Denton County, Texas granted Judgment on January
23, 1997 in favor of the taxing jurisdictions of Denton County as follows:
Lot 3, Block 1, Woodcreek Addition, an addition to the City of Denton, Denton County,
Texas being that property more particularly described in Cabinet E, Page 214 of the Plat
Records of Denton County, Texas.
City of Denton $ 2,589.78
County of Denton S 1,132.85
Argyle Independent School District $ 4,952.63
Denton County Education District $ 691.22
Total Due $ 9,366.49
Market Value $21,758.00
WHEREAS, said parcel of land was cffered for sale by the Sheriff of Denton County at
public auction pursuant to judgment of the District Court of Denton County, Texas, for
foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty
and interest; and
WHEREAS, said parcel of land did not receive a sufficient bid as set by law and was
struck off to the City of Denton, Trustee, in trust for itself, the County of Denton, Argyle
Independent School District, and Denton County Education District pursuant to §34.01(c)
• Property Tar Code; and
WIIEREAS, the City of Denton, Trustee desires to resell said parcel of land in an
expeditious manner pursuant to §34.05 Property Tax Code; and
WHEREAS, the Attorney General has ruled, in Opinion No, IM-1 232 (1990), that under
e these circumst;:nces, the City may resell real property that it purchases at a tax sale without e •
complying with Chapters 20 and 272 of the Local Government Code; and
WHEREAS, Bert Gibbs has tendered an offer of $11,298.85 to purchase said property;
NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
EC N . That the Mayor or, in his absence, the Mayor Pro Tern, is hereby authorized
to execute a Deed Without Warranty to Bert Gibbs for the purchase price of $ 11,298.85, the
form of which Deed has been approved by the City Attorney.
SECTION 11. That this resolution shad become effective immedie:ely upon its passage
and approval.
PASSED AND APPROVED this the _ day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECKETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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EI ?DOC51OMWOODCREEK PROPERTY
Page 2
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DEED WITHOUT WARRANTY
THE STATE OF TEXAS 6
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON 6
City of Denton, on behalf of itself and as Trustee for the County of Denton, Argyle Independent
School District and Denton County Education District for and in consideration of the sum of Eleven
Thousand Two Hundred Ninely-eight dollars and 85/100 ($11,298.85), cash in hand paid by Bert Gibbs,
of P.O. Box 477, Justin, Texas 76247-0477, Denton County, Texas, the receipt of which is
acknowledged and confessed, have conveyed on behalf of itself and as Trustee for County of Denton,
Argyle Independent School Disti ict and Denton County Education District and by these presents do
convey unto said Bert Gibbs all of the right, title and interest of City of Denton, Trustee and all other
taxing units which were parties to the tax foreclosure Judgment against the property which was acquired
by tax foreclosure sale heretofore held, said property being located in DENTON County, Texas, to wil:
Lot 3, Block I, WoWcreek Addition, an addition to the City of Denton, Denton County, Texas being
that property more particularly described in Cabinet E, Page 214 of the Plat Records of Denton County,
Texas
TO IJAVE AND TO HOLD all of its right, title and interest in and to the above described property
and premises unto the said grantee(s), Bert Gibbs, his heirs and assigns forever, so that neither City of
Denton, Trustee nor any taxing units which were parties to the said tax foreclosure Judgment, nor any
pet son claiming under it and them, shall at any time hereafter, have, claim or demand any right or title to
the aforesaid property, premises or appurtenances, or any part thereof.
This conveyance is expressly made subject to property taxes for the lax year 1997 and subsequent
years.
The consideration paid by the grantee being equal or greater than the total amount of the tax judgment
against the property, or the market value of the property specified in the judgment for foreclosure of the
tax liens, whichever was less, this conveyance is made pursuant to Section 34,05(a) of the Texas Property
Tax Code.
Grantors have not made, and do not make any representations, warranties or covenants of any kind or
character whatsoever, whether express or implied, with respect to the quality or condition of the
property, the'suitabilily of the property for any and all activities and uses which grantees may conduct
thereon, compliance by the property with any laws, rules, ordinances of regulations of any applicable
• governmental authority or habitability, merchantability or fitness for a particular purpose, and
specifically, grantors do not make any representations regarding hazardous waste, as defined by the Texas
Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental Protection
Age xy regulations, or the disposal of any hazardous or toxic substances in or on the property.
The property is hereby sold, transferred, and assigned to grantees 'as is' and "with all faults'.
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IN TESTIMONY WHEREOF THE City of Denton, on behalf of itself and as Trustee, has caused
these presents to he executed this the day of , 19Q7.
CITY OF DENTON, TEXAS
By
MAYOR
THE STATE OF TEXAS
COUNTY OFDENTON
Before me, the undersigned authority, on this day personally appeared
MAYOR of the CITY OF DE•NTON, Texas, 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 and in the capacity therein stated.
Given under myy hand and seal of office, this the _ day of
. 19_
Notary Public, Stale of Texas
My commission expires
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Agenda No. J
Agenda Item
Dale-.51le 19,7
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CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 8f7-5664509
Office of the City Se.refaq
MEMORANDUM
DATE: May 2, 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 - Jean Ross has resigned. This is an
appointment for Council Member Beasley.
If you require any further information, please let me know.
Je fer Walters
Ci'y Secret ry
ACCOOOF•1
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'Dedicated to Quality Seryke" {
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Agmide No.
Agenda lte
Dates T/9'J
ORDINANCE NO.
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF i
THE REGULAR MUNICIPAL ELECTIC! HELD IN THE CITY OF DENTON ON MAY 3,
1997; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS:
SECTION I. The City Council finds and declares that the May 3,
1997, regular municipal election was duly ordered for the purpose
of electing four Councilmembers to Places 1, 2, 3, and 4; that
proper notice of said election was duly given and election of-
ficials appointed; that the election was duly held and the returns
of the election officials have been delivered to the Council, all
in accordance wi:.h the laws of the State of Texas and the Charter
and ordinances of the City of Denton.
SECTION II. The official returns of the election officials
having been opened, examined and canvassed, and the Council hereby
finds and declares that ballots were cast at the
election, and that the votes cast for each place on the Council
were as follows:
EARLY VOTING:
FOR PLACE 1:
Carl Gene Young, Sr. votes
Kathy Devine votes
FOR PLACE 2:
Neil Durrance votes
• Barbara Russell votes
FOR PLACE 3:
David Biles votes
Mike Cochran votes
Jerry C. Drake votes
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FOR PLACE 9:
J Jerry Cott votes
Joe Dodd votes
Sandy Kristoferson votes
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REGULAR VOTING: I
FOR PLACE 1:
Carl Gene Young, Sr. votes
Kathy Devine votes
FOR PLACE 2:
Neil Durrance _ votes
Barbara Russell _ votes
FOR PLACE 3:
David Biles votes
Mike Cochran votes
Jerry C. Drake votes
FOR PLACE 4:
Jerry Cott votes
Joe Dodd votes
Sandy Kristoferson votes
TOTAL VOTES CAST:
FOR PLACE 1:
Carl Gene Young, Sr. votes
Kathy Devine votes
FOR PLACE 2:
Neil Durrance votes
Barbara Russell votes
FOR PLACE 3:
• David Biles votes
Mike Cochran votes
Jerry C. Drake votes
FOR PLACE 4:
Jerry Cott votes _
• Joe Dodd votes • •
Sandy Kristoferson votes
5f 'ION III. The Council finds and declares that each candi-
date listed below received a majority of the votes cast for each
place on the Council and that each candidate listed below is hereby
declared to be elected to the City Council of the City of Denton:
PAGC 2
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PR P C' Y {.M!IUiY 1J14 _ _
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FOR PLACE 1:
FOR PLACE 2:
FOR PLACE 3:
FOR PLACE 4:
and the candidates shall assume the duties of their office on the
date that they take the official oath of office.
(OPTIONAL PROVISION IN CASE OF A RUNOFF)
SECTION IV, The Council finds and declares that no candidate
received a majority of the votes cast for Place (3) (4) and that a
run-off election is hereby ordered to be held, in accordance with
the provisions of Ordinance 97- , on the day of
1997. Candidates in the run-off election will be
and
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
nITEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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PAGE 3
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YWt Se 9coM ad w dm _
Agene&
Agenda item-
Data~~'•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN
THE MATTER OF YAPIT V. CITY OF DENTON, TEXAS; AUTHORIZING THE
EXPENDITURE OF BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED $10,229.11;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute a Compromise
Settlement Agreement in the matter of Yea rit v. City of Denton, providing for the settlement and
compromise of the litigation now pending between and among the parties in the 362nd District
Court, Denton County, Texas, Cause No. 95-40381.362, in substantial accordance with the terms of
the proposed Compromise Settlement Agreement attached hereto as Exhibit A.
SECTION II. That the City Manager, with the concurrence and approval of the City
Attorney, is hereby authorized to alter the form of the proposed Compromise Settlement
Agreement, attached hereto as Exhibit A, as necessary to accomplish the substantive goals of said
document, and as necessary to secure agreement among the parties and approval by the Court in
which the case is currently pending.
SECTION III. That the City Council hereby authorizes the expenditure of budgeted funds
in an amount not to exceed $10,229.11 in furtheran a of this settlement
SECTION IV. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this, the day of 1997.
•
JACK MILLER, MAYOR
ATTEST: i'
• JENNIFER WALTERS, CITY SECRLTARY • 0
BY:
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APPROVED AS TO LEGAL FORM:
IIERBERT L. PROUTY, CITY ATTORNEY
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7-12
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Ell v-4
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~M-.•...n«.-+»n...-.w ~ ! ..'.r-: t i_.. ~ a ~Ylr
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Zoning;'A"
Use: OR
EX. 36` RCP EXf8T1102"lmr~WATEi"~
IO~""
CO.
CAP TO BE AEOUREiY
FA9nDGDT000U MN .t
PROPOSED W x 10' OOLUMNS SPACED
BOX CULVERT 3 1N 5),- 1, MIN J .F~F, Ppc PC lapp 16 AT W MA)(, ROG*" PENCE MAX. AREA
E 623-4
8 7 8 10 1 50 sq.ft. l'-VTYP, p
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Imc W .f.
V FENCE BY INDIVIDUAL AL+' ii
PROPOSED FLOWUNE LOT OWNERS v V b ~ J
25' FROM R.O.W. I , l♦T f
j MiNF.F.5 rh ~y~ 5.
62?,3 I I W
4,Tm=
CONCRETE U tt►~''
PAD 37,
~M1N.F' 4 ® 13 V. r ' W
I~ s23.'
E r f r -0WANAION ~ `jf
TO PLASTER
M623.1 3 , \ + / 14 49
b -
10' Siff Y KTW%CK .1
Entry Signage on Brick Wall
623.0 2 5 I
PROPOSED 4r RCP ' o
MUM AL
0 VC*4~ y}9 0 f0 >3
~ 'c
~ ~ 11 , r l 1).a W~ 0~ N
w~..Vp0M y
16 1 i
Planting Legend Wall Detail 0
. (~tV 4Jp c oD
Shade Tree; Texas Red Oak or Pecan Qp*0'
Zoning: PD- 104 17
Um: VACAW
i ® Omamentel Tree; Bradford Poor or
Chinese Pistache ! V
18)
Zoning: "Al
2y I Um A f
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l PROPOSED ROD FM FENCE MIN.F.F. 38 1
623.7 k W/ BRICK COLUMN'S AND , tff SIDE YARD SET-B K (T!!-
i
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EXISTING TREES ~MIN.F. 35 i Notes; 623.6 Notes,
1) P 1) Parn> ua; One Fa. * Dwelling, Detatctied Scale: 111 50' Q?~ ~ m I Frqlj
21 2) Topo 2) Tops shown Is fmm wwbpopnphlo survey a ~ t
MIN IF F, y 30 tam I from the *of Dw*n. Feb. ,1074 # AAye~'
623.5 4) Perkin 3) 110100 year flood z0ft raffem this Property. 4 'V
14*9 20'TYP 1 The , 4) Paridrq'. M Wnum 2 stale per dweiknp unit
5) L0t di / J MINT F; 8) AN'ftibI CO) i4t dMnkiraiorw are approAmWe.
623.4 II 7) All w4 8) Aq h~rrloi &K" wo be priwde moponsibilhy, ! a
77 Allerer not pwvwd wll be lsndearped endlor SITE s =
1 e) Ir ' J F e) InciNkl Nf lot bxMCaping wIY be done by lot owner.
H
. __23 9)
9) wlN,obniorm to the Cityof Denton regulesions,
~r 63a' 32Y 10) 10) wm be underground.
11)DEVE" sMtNTSTANDARDS: F.
a 11) DEVEI Mlnirnun Lot Ar* 4,800 sq. ft.
Mfnftirh lot Widlh. 48 het at Front Binding tine
M ,F,F,
f 22.2 1 mw Mk*hwLot : VICINITY MAP
Frok flupdinp tJne, 16 feet N.T.S. ~ ij
r, r An..~ vu=a s1 Sk4i Y* Setback. 0 het m1n.,10 feet Separation between bulldinge 1
i~ .rwnn uww.v n RON Rear Yard 9Nbock. 10 fast
11 rM Dd4way Aooeh. ° rodlyto the P&M9 Street etailed Site Plan
m T Mind MOrnujn Roof Area Retlo; 66%
m1w Mw*ywm &Adinp Helaft 2 Stogy for
Es* Esdmmied r;day C O4.38Unitpertxe CLUBPLACE
N 006
ROO ReeldOnU Uer 6.0Aree I 9.08 Acres
Car ys 0,3e to Acm Coron Am (Lot Ho in the T. MARTIN SURVEY A-900
12)No p►k*Iwte driveways w11 wia be showed onto Hobson Lane.
9 12)No prh
g 13)SkWm 13)sOew* done west Side of Kern Dr. and Ln. C1t~ and County of Denton, T#,x
a 8 w .
14)M*ft 14)bW tnance Emwrw b was! be provided ad~~aoeent to C
TO PROPO D 'zero' NuW W Ik11e. Indb" mmeW lot Ilse.) i Q?R 2q
LIFT STA ON Zoning: 3F•10C 16) Lot 67
16)Lot 37 ~MN be a Pubdo Ud#ty utd Dra""moment. 493j Fi6bruary 12, 19!O7 A4 t4
Use: VACANT
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0441