HomeMy WebLinkAbout08-05-1997
City Council
Agenda Packet
August 5, 1997
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Age;ila No-9 -:A3.3----
AGEA'DA Agenda Item j
CITY OF DENTON CITY COUNCIL '7-
August 5, 1997
After determining that a quorum is present and convening in an open meeting the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, August 5,
1997 ai 5:45 p.m. in the Police Department Conference Room of the Denton Municipal
Complex, 601 E. Hickory, Denton, Texas, at which the following items will be considered:
L Closed Meeting:
A. Consultation with Attorney Under TEX. GOV'T. CODE Sec. 551.071
1. Discuss with City's attorneys and c-.isider :mediation, settlement, and
strategy in the claim of Constance Tetreault against the City of Denton,
alleging wrongful death in the drowning of Michelle Jimeno.
B. Consultation with Attorney Under TEX. GOV'T. CODE Sec. 551.071 and
deliberations regarding real property under TEX. GOVT. CODE See. 551.072
1. Discuss and consider property purchases and proposed damage claims
relating to expansion of the City's Iandfol located at 5166 Foster Road.
2. Discuss and consider acquiring additional right-of-way on Lakeview
Boulevard from U.S. 380 to McKinney Street.
3. Discuss and consider a real estate contract with Bob E, Tripl , Trustee,
David E, Tripp, Trustec and Celia Tripp Reid, Trustee, for the purchase
of approxir.ately 1.302 acres tract of land known as Parcel No. 39, Part
l & 2, U. S. Il.'ghway 77, Denton, Denton County, Texas for the U. S.
Highway widening project,
C. Conference with Employees Under TEX, GOV' CODE Sen. 551.075. The
Council may rcceive information from employees or question employees during
a staff conference or briefing, but may not deliberate during The conference,
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED iN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN '
COMPLIANCE WITH TEX. GOVT CODE Cit. 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MEETING AGEND.1 OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS 0 0
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN
MEETINGS ACT.
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City of Denton City Council Agenda
August 5, 1997
Page 2
Regular N.°eting of the City of Denton City Council on Tucsday, August 5, 1997 at 7:00 p, m,
in the Central Jury Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas
at which the following items will be considered;
I, Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - i pledge allegiance to thee, Texas, one and indivisible."
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2, Consider approval of the minutes of May 6, 13, and 20, 1997.
PRESENTATIONS/AWARD
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3. Keep Denton Beautiful Yard of the Month Awards.
CITIZEN Rf RT
4. Receive a citizen report from Barry Vermillion regarding additional funding/resources
for the Friends of Der.:on County History, Inc's. project of preserving Pinckneyville.
NOISE EXCEPTIONS
5. Consider a request for an exception to the noise ordinance for the Inter-Agency Youth
Planning Committee Pool Party on August 12, 1197 at the Civic Center Pool from 8:00
p.m. until 12:00 midnight.
PUBLIC HEARINGS
6. Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit
• for the purpose of a governmental office, yard and shop for the Detiton Independent
School District. The 10 acre site is located on the east side of Mayhill Road, south of r
Mills Road. (Z-97-018) (The Planning and Zoning Commission recommends approval
7-0.)
7. Hold a public hearing inviting citizens to comment on the proposed usage of 1996 Local
® law Enforcement Block Grant funding. 0
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City of Denton City Council Agenda
August 5, 1997
Page 3
CONSENT AGENDA
Each of these items is recornmended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda items 8.21). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 8-21 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 end the item shall
then be considered before approval of the Consent Agenda,
8. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for purchase of materials, equipment, supplies or services. (Bid #2067 - Annual Price
Agreement for Wood Utility Poles)
9. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid #2065 - Single Family Home
Construction)
10. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid #2069 - Fort Worth Drive
Utility Relocation)
11. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements. (Bid #2061 - National Credits,
• Inc,)
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I 12. Consider adoption of an ordinance authorising the execution of a change order to a
contract between the City of Denton and Hemphill Bus Sales, Inc.; and providing for an
increase in the contract price. (Bid #2062 - 26 Passenger Paratransit Bus)
• 13. Consider adoption of an ordinance providing for the expenditure of funds for emergency O O
J purchases of materials, equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of competitive bids. (P.O.
#76615 - Cu!lium Pipe System, Inc.) j
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City of Denton City Council Agenda
August 5, 1997
Page 4
14. Consider adoption of an ordinance providing for the expenditure of funds for emergency
purchases of materials, equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of competitive bids. (P.O.
#75694 - The Provident Group)
15. Consider adoption of an ordinance authorizing the expenditure of funds for the payments
by the City of Denton for financial advisory services and ether fees to First Southwest
Company.
16. Consider approval of a resolution appointing Bill Giese to the Board of Directors of the
Texas Municipal Po.ver Agency.
17. Consider approval of a resolution voting for a member to the Board of Mlnagers of the
Denco Area 9-1-1 District.
18. Consider adoption of an ordinance authorizing the City Manager to enter into a
professional services contract with Rust Lichliterpameson for professional engineering
services on the Rancho del Lago Lift Station; and authorizing the expenditure of funds
therefor. (The Public Utilities Board recommends approval.)
19. Consider adoption of an ordinance authorizing the City Manager to enter into a
professional services contract with Carter & Burgess, Inc. for professional engineering
services to design the Denton West Lift Station Forcemain; and authorizing the
expenditure of funds therefor, (The Public Utilities Board recommends approval.)
20. 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 Boulevard, and Eagle Drive between Avenue A and
lOOF under the Congestion Mitigation and Air Quality Improvement Program; repealing
Ordinance 97-134; and authorizing the expenditure of funds therefor.
• 21. Consider adoption of an ordinance authorizing the City Council, under the circumstances
set forth herein, to hold meeting. outside of City Hall; and validating previous meetings
and actions.
ITEMS FOR INDIVIDUAL CONSIDERATION
• 22, Consider adoption of an ordinance authorizing the City Manager to execute a real estate
contract between the City of Denton and Hickory Creek Development Partners, LTD.,
a Texas Limited Partnership; authorizing the City Manager to execute any and all
documents necessary to consummate the purchase of real property in accordance with
said contract; and authorizing the expenditure of ;unds therefor.
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City of Denton City Council Agenda
August 5, 1997
Page 5
23. Consider adoption of an ordinance authorizing the City Manager to execute on behalf of
the City of Denton a supplemental agreement to Contract No. 182XXM5013: said
contract is with the Texas Department of Transportation and is entitled "Agreement for
the installaticz and reimbursement for the operation and maintenance of traffic signals
within a municipality"; the supplemental agreement is entitled supplemental agreement
"04" and shall amend Exhibit "1" of the above contract by adding the traffic signal at
I.H. 35E and McCormick Street; such supplemental agreement shall further amend
Article "4" of the contract, entitled "compensation", by increasing the reimbursement for
the City's maintenance costs for this traffic signal at I.H. 35E and McCormick; providing
a savings clause and providing a repeal clause.
24. Consider adoption of an ordinance authorizing the City Manager to execute a real estate
contract with Bob E. Tripp, Trustee, David E. Tripp, Trustee and Celia Tripp Reid,
Trustee, for the purchase of approximately 1.302 acres tract of land known as Parcel No.
39, Part 1 & 2, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway
widening project; and authorizing the expenditure of funds therefore.
25. Consider approval of a resolution to declare the intent to reimburse expenditures for
miscellaneous drainage projects with bond proceeds.
26. Consider approval of a resolution authorizing the City of Denton, as Trustee and for
itself, to solicit scaled bids from the public regarding the sale of real property; consenting
to the sale of certain real property to the highest bidder by means of public sealed bids;
authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty
and any other documents necessary or appropriate to convey certain real property sold
by the City of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax
Code.
27. Consider nominations /appointments to the City's Boards and Commissions.
28. Miscellaneous matters from the City Manager.
29. New Business
This item provides a section for Council Members to suggest items for future agendas.
30. Possible Continuation of Closed Mee,ing under Sections 551-071-551.085 of the Texas
0 Open Meetings Act. 0 0
31. Official action on Closed Meedng items hold under Sections 551,071 - 351.085 of the
Texas Open Meetings Act.
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City of Denton City Council AgenO3
August 5, 1997
Page 6
CERTIFICATE
1 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 c'clock
(a.m.) (P.m.)
CITY SECRETARY
NOTE: THE CENTRAL JURY ROOM OF THE DENTON MUNICIPAL COMPLEX
IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS NvITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT
LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING
1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE
SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
ACCO0383
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Apenda No. CITY OF DENTON CITY COUNCIL MINUTES Agenda Item OIL
May 6, 1997 Da'e_#~
The Council convened into a Regular meeting on Tuesday, May 6,
1997, 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 Council and members of the audience recited the Pledge of
Allegiance to the U.S. and Texas flags.
2. The Council considered approval of the minutes of February 25,
1997 and March 4, 1997.
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.
The Mayor presented the following proclamations:
Drinking Water Week
Emergency Medical Services Week and Trauma Awareness Month
Texas Girl's Choir Day
Elk's National Youth Week
National Safe Boating Week
Community Food Bank Inc. Month
Arson Awareness Month
Stroke Awareness Day
Mayor Miller presented the following Yard of the Month Awards:
Armando and Victoria Pena
Sidney and Dorothy Hamilton
James and Mildred Purser
Salty and Joann Rishel
McDonald's - University Drive
Ken's Produce
• 3. Presentation of graduation certificates to 19 utility line
technicians by the United States Department of Labor.
Jason Turner, Safety Coordinator, stated that this program was
started three years ago to focus on safety, technical expertise and
to provide the best customer service possible to the citizens of
Denton. An outside source was requested to validate the quality of
• their efforts which was done through the United States Department 0 0
of Labor. The program included classroom training and on-site
training.
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).
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City of Denton City Council Minutes
May 6, 1997
Page 2
Mayor Miller presented the Certificate of Achievement for
excellence in financial reporting to Kathy DuBOSe, Executive
Director for Finance.
Jane Jenkins presented Mayor Miller with a book outlining Denton
Main Street's contributions and awards.
5. The council received a report from Cindy Vance regarding the
results of the City of Denton Blood Drive.
Ms. Vance stated that the first City of Denton employee blood drive
was a huge success. She presented z certificate on behalf of the
American Red Cross for the 170 pints of blood donated.
CITIZEN REPORTS
6. The Council received a citizen report from Dessie Goodson
regarding the City's sign and pet ordinances.
Ms. Goodson was not present at the meeting.
NOISE EXCEPTIONS
7. The Council considered a noise exception for 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.
Veronica Rolen, Administrative Assistant, stated that this was a
request for the second annual festival. The four-day festival
would feature artists from around the area.
Council Member Beasley asked about the number of neighbors in the
area.
Rolen stated that this was in the Fry Street area which was
surrounded mostly with commercial but with a few residences in the
area.
Young motioned, Brock seconded to approve the request. On roll
• vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
8. The Council considered a noise exception for 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.
p Veronica Rolen, Administrative Assistant, stated that this request •
was to pour concrete at the site of the new middle school. Slabs
would be poured at 5:00 a.m. on ten occasions. A 48-hour notice
would be given to the City Manager's office before the beginning of
an early morning pour.
Council Member Young asked if the residents had been contacted.
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City of Denton City Council Minutes
May 6, 1997
Page 3
Mr. Greg, Lee Lewis Construction, stated that most of the residents
had left for work before he was able to contact them.
Council Member Young asked if anyone had indicated a concern.
Rolen stated that there had been no calls or concerns regarding the
proposal.
Mayor Pro Tem Brock stated that this would be the pouring and not
:nixing of the concrete at this time.
Rolen stated that the concrete would be already mixed and the only
equipment on site would be a pump truck and a dump truck with no
excessive lighting. Any extra lighting would be directed towards
the work site and away from the residences.
Young motioned, Brock seconded to approve the request.
Council Member Cott asked what kind of quality control was
available to make sure the firm would do what they said they would
be doing.
City Manager Benavides stated that the pours would be on ten
separate occasions. If the contractor was not doing what he said
he would do, staff would report back to Council.
Mayor Pro Tem Brock suggested that staff notify the manager of the
apartments or homes closest to the site so that they would know
what was going on.
Mayor Miller stated that the Council could revisit the request if
conditions became unacceptable.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
9. The Council considered a noise exception for Terry Shepard
until 12:00 midnight on Friday, May 16, 1997 at the North Texas
• State Fairgrounds for a graduation dinner and dance.
Veronica Rulen, Administrative Assistant, stated that this request
was for a graduation party at the Fairgrounds.
Mayor Pro Tem Brock asked if this was going to be an outdoor party.
• Rolen stated no that it would be inside •.he Fair Hall. •
Beasley motioned, Brock seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
flaye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
May 6, 1997
Page 4
PUBLIC HEARIVO
10. The Council held a public hearing and considered adoption of
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 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. The subject property was located
on the ncrth side of U.S. 77, west of Windsor. (The Planning and
Zoning Commission recommended denial 6-0.)
Rick Svehla, Deputy City Manager, stated that this was one of three
variances for this site. Council approved a variance for a small
building encroachment at the last meeting. These two variance
requests were being appealed because the Planning and Zoning
Commission had denied the requests. This particular request was
for a reduction in the front yard from 25' to 16' and in the rear
yard from 15' to 301 due to the specific floor plan which was being
proposed. Some of the area residents had concerns regarding the
request. The Planning and Zoning Commission felt that there was
ample room on the lots and the petitioner knew what the lots were
when purchased.
The Mayor opened the public hearing.
No one spoke in favor.
Susan Volgamore stated that although she was not within 200 feet of
the proposal, she had a concern as the developer also owned the
vacant lot adjacent to her property. She was concerned about a
precedent which would be set in this location. She felt that this
proposal would give the neighborhood a cookie cutter appearance.
Changing the front setback to 16 feet would allow a car to block
the sidewalk which would not be safe for young children on the
sidewalks. Deed restrictions called for a minimum of 18 foot wide
driveways to provide for off-street parking. Changing the rear
setback would allow the homes to be built closer to the highway.
This section of Highway 77 would be redone in the near future. She
• desired the City to make the deed restriction clear to the
developer before permits were issued and construction began. She
felt it was best for the developer to abide by the existing
conditions set in the property deeds.
Randy Smith stated that he was representing his aunt who lived near
the proposal. Her position was against the requested variance for
the front setbacks. With that proposal, ne lot would stick out
• from all the other homes in the area. His aunt felt that moving O ® +
the homes closer to the street would reduce property values in the
area. The builder should change the design of the homes instead of
trying to design all the homes the same and not request these
variances. He requested that Council do the right thing and not
allow the variance.
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The Mayor closed the public hearing. f
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City of Denton City Council Minutes
May b, 1997
Page 5
Beasley motioned, Biles seconded to deny the request.
Council Member Beasley stated that she had looked at the property
and felt it was a small area and not conducive to building close to
the street. She felt that the developer should build a different
type of home to accommodate the lots.
On roll vote, Beasley "aye", Brock "aye", Cctt "aye", Durrance
"aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously. Request denied.
11. The Council held a public hearing and considered adoption of
an ordinance approving a detailed plan of 8.99 acres in Planned
Development 104 (PD-104). The subject property was located on the
south side of Hobson Lane, approximately 500 feet east of Country
Club Road. (The Planning and Zoning commission recommended
approval 7-0.)
Rick Svehla, Deputy City Manager, stated that this was a request
for a change in the Planned Development which was approved several
years ago. This request met all of the normal criteria for a low
intensity area. The number of lots was less than what was
previously approved. The Planning and Zoning Commission
recommended approval.
Mayor Miller asked if this would Le a gated community.
Svehla stated that there had been discussions about that and it
appeared that it would be a gated community. With a gated
community, the internal streets of the development would be
private. Originally there was over tot opposition but the
neighbors to the east of the proposal had withdrawn their
opposition which would only require a simple majority vote of the
Council.
The Mayor opened the public hearing.
Greg Edwards stated that the developers were trying to improve on
• the existing site plan. Two and a half acres of adjacent property
had been added to the proposal. The intensity allowed on that
additional acreage would be 30 units but the developer was only
proposing to add one additional residential site. The other lot
would be a homeowners lot to facilitate the transfer of the roads
and amenities to the homeowners association. There was no decrease
of the amenities on the property but rather increased such items as
the fencing requirements.
Council Member Cott stated that zoning went with the land and not
with the homeowners association.
Edwards stated that two lots were created in this parcel which
would be transferred to the homeowners association. The zoning was
not to be transferred but rather those two lots.
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City of Denton City Council Minutes
May 6, 1997
Page 6
Council Member Beasley stated that there were comments indicating
that the proposal was in a flood plain.
Edwards stated that the flood plain area was to the west of the
property. Those issues would be addressed during the platting
process. At this point in time, no lots were in the flood plain.
Council Member Biles stated that the difference in the two planned
developments was that direct access was eliminated from Hobson
Lane.
Edwards stated that was correct.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-121
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 85-256,
AS AMENDED, TO PROVIDE FOR APPROVAL OF A DETAILED PLAN
FOR 8.99 ACRES THEREIN AS SHOWN IN THE ATTACHED DETAILED
PLAN, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH
SIDE OF HOBSON 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
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Brock seconded t• adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", %:ott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
VARIANCES
• { 12. The Council considered ai, exaction variance 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
was located on the south side of Hobson lane, approximately 500
feet east of Country Club Road. (The Planning and Zoning
Commission recommended approval 6-1.)
• Rick Sv-?hla, Deputy City Manager, stated that this was the same f • 4)
{ planner development which was considered during the public
J hearings. Normally sidewalks would be required on Goth sides of
the street. Considering that the internal access would be on a
private street, there would be no need for sidewalks on the public
street. Sidewalks along the flood plain side would allow for access
to future parks and greenbelts.
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City of Denton city council Minutes
May 6, 1997
Page 7
Young motioned, Beasley seconded to approve the variance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye11, Durrance "aye", Young
"aye", Diles "aye" and Mayor Miller "aye". Motion carried
unanimously.
13. The f:auncil considered an exaction variance of Section 34-
114(5) concerning perimeter paving. The subject property coisisted
of 13.401 acres, was in the Light Industrial (LI) zoning district,
and was located on the west side of Mayhill Road, approximately
1,000 feet south of McKinney Street. (The Planning and Zoning
Commission recommended approval 7-0.)
Rick Svehla, Deputy City Manager, stated that this request dealt
with perimeter street paving. There were two lots associated with
this proposal. One lot would be dedicated to the City as it was
fully located in the flood plain. The other lot would be
developed. The Subdivision Rules and Regulations required
perimeter street paving along Mayhill. Currently Mayhill Road did
not have curb and gutter. It was felt that this might nit be
useful in this area as the rest of the property in the area did not
have this type of paving.
Mayor Miller stated that part of the condition of the variance was r
that the developer would pay $12,400 for the paving of Mayhill
Road.
Svehla replied correct.
Council Member Beasley asked about the lot which would be given to
the City.
Svehla stated that the proposal started with 13 acres of land. The
lower lot was totally in the flood plain. Because the subdivision
regulations only allos:4ed lots which could be developed to be
platted, the developer could not plat the lower lot unless the
developer could guarantee that it would never be developed. A way
to do that was to deed the property to the city.
• Council Member Durrance stated that Mayhill was a very heavily
travelled street.
{ Svehla replied correct.
Council Member Durrance stated that the City would have to do work
there anyway due to traffic problems in the area.
• Svehla replied correct, O 0
Council Member Young asked if there was a time frame for doing
something with the bridge and creek in the area.
Svehla replied that those were currently not in the CIP. The
projects had been looked at but currently there was no money in the
CIP for the bridge.
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City of Denton City Council Minutes
May 6, 1997
Page 8
Durrance motioned, Biles seconded to approve the variance request.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance
'aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion
carried unanimously.
14. The Council considered an exaction variance of section 34-
114(17) concerning sidewalks for Rancho Del Lago. The subject
property was in the Agricultural (A) zoning district, consisted of
735.892 acres, and was located between U.S. 380 and McKinney
Street, approximately 6,000 feet east of Mayhill Road. (The
Planning and Zoning commission recommended approval of a partial
variance 7-0.)
Mayor Miller indicated that Items 14-16 would be considered at the
same time.
Rick Svehla, Deputy City Manager, stated that the whole area was
recently downzoned from a planned development with high intensity
and density to agriculture zoning with minimum of one-acre lots.
This would be a long narrow estate kind of development. Most of
the lots were 2-5 acres in size. The first variance dealt with
sidewalks. The applicant was requesting a variance to all
sidewalks. Staff was in agreement with that request except for one
situation. A major seconda_y arterial was planned in this area
which would result in more traffic in the area. Because of that,
staff felt it was important to have sidewalks on at least one side
of the development. The second variance was for drainage.
Channels and other large drainage structures normally had a
concrete bottom or some type of improvement to help with erosion..
Because the proposal was the last subdivision before the main water
courses moved into the lake, all of the drainage would have been
collected upstream. The petitioner would like to leave the
channels natural. The third variance was for lot length.
Currently the requirement was for a 1,200 maximum lot length
between side streets. These lots had lot frontage in excess of 200
feet. At 200 feet of frontage there would only be six residents on
each side of the street. Normally in 1200 feet there would be 24-
30 lots.
Council Member Durrance stated that there would be sidewalks
on one side of the street.
Svehla replied correct.
Council Member Durrance stated that the City would acquire the
maintenance costs for drainage areas which were not improved.
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Svehla stated that once those were dedicated to the City, the City
would maintain them.
Council Member Durrance asked what would be the fiscal impact for
that area.
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May 6, 1997
Page 9
Svehla replied that it would be minimal. The drainage water would
not be a factor.
Council Member Durrance asked if the Fire Department was in
agreement with the placement of the fire hydrants.
Svehla replied correct.
Council Member Durrance stated that the developer understood that
some of the lots might have a fire hydrant in the middle of the
lot.
Svehla replied correct that that was done now to meet the
requirements of the 600 foot spacing.
Brock motioned, Biles seconded to approve a partial variance as
recommended by the Planning and Zoning Commission for Item 014 and
approve the variances for items 015 and 016. On roll vote, Beasley
"aye", Brock "aye", Cochran "aye", Durrance "nay", Young "aye",
Brock "aye" and Mayor Miller "aye". Motion carried with a 6-1
vote.
15. The Council considered an exaction variance of Section 34-
124(e) concerning drainage design standards. The subject property
was in the Agricultural (A) toning district, consisted of 735.892
acres, and was located between U.S. 380 and McKinney Street,
approximately 6,000 feet east of Mayhill Road. (The Planning and
Zoning Commission recommended approval 7-0.)
This item was considered with Item 014.
16. The Council considered an exaction variance of Section 34-114
(8)(c) concerning the maximum block length. The subject property
was in the Agricultural (A) zoning district, consisted of 735.892
acres, and was located between U.S. 380 and McKinney Street,
approximately 6,000 feet east of Mayhill Road. (The Planning and
Zoning Commission recommended approval 7-0.)
This item was considered with Item 014.
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CONSENT AQENDII
Council member Young asked to discuss Items 019, 021, and 022.
Council Member Young asked if Item 019 was an additional street
sweeper. _
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Denise Harpool, Senior Buyer, stated that it would be an addition •
to the motor pool.
Council Member Young asked about item 121 which was Va activity
stage at Fred Moore Park. If approved, how long would it be before
construction started.
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May 6, 1997
Page 10
Harpool stated that normally a ccntract would be sigrad and
returned within 15 days with co:•struction starting after that.
Council Member Young asked if Item 122 was new playground equipment
for Fred Moore Park.
Harpool replied correct.
Mayor Pro Tem Brock asked if any other park would be receiving
equipment.
Harpool indicated that the equipment was for the Fred Moore and
McKenna Park sites.
City Manager Benavides pulled Item 124 from consideration.
Biles motioned, Young seconded to approve the Consent Agenda and
accompanying ordinances except for Item 124. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried unanimously.
17. NO. 97-122
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Bid 12025 - Preventive Auto Maintenance)
18. NO. 97-123
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Bid 12030 - 2500 KVA Transformers)
19. No. 97-124
I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Bid 12038 - Self-Propelled Road Sweeper)
• 20. NO. 97-125 O 0
J 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. (RFSP 12008 - Automated Recreation
Management System)
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May 6, 1997
Page 11
21. NO. 97-126
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING F(,R AN EFFECTIVE DATE. (Bid 12043 - Fred Moore
Park Activity Stage)
22. NO. 97-127
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid 12046 - Fred Moore
Park/McKenna Park Site Improvements)
23. NO. 97-128
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. 174512
- A.MS Pump)
24. Pulled from consideration
25. NO. 97-129
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.
ITBMR FOR INDIVIDUAL COVOIDIRA710
26. The Council considered adoption of an ordinance annexing a
28f.57 acre tract located north of Brush Creek Road and east of
e 'U.S. Highway 377; and establishing temporary agriculture "A" zoning
district classification. (A-75) f
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Rick Svehla, Deputy City Manager, stated .%at this w?s the final
reading of this annexation. The sita was locate' on the
southwestern end of the City.
e ` The following ordinance was considered: e e
l NO. 97-130
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
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May 6, 1997
Page 12
DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Biles 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.
27. The Council considered adoption of an ordinance authorizing
the City Manager to execute an amendment to the commercial operator
airport lease agreement between the City of Denton and Bruce Brown
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.
Linda Ratliff, Director of Economic Development, stated that this
ordinance amended the lease between the City and Bruce Brown. On
April 1, Hatcher and Austin assumed the existing Brown lease. The
existing lease provided that any person or institution which loaned
money to the lessee for the construction of improvements could
operate or manage the improvements should the lessee default. In
this situation, the improvements had already been made so the
Hatcher/Austin bank required an amendment to the lease to indicate
that any person or institution that loaned money for construction,
purchase and/or refinancing of the improvements, could operate or
manage the improvements should the lessee default.
The following ordinance was considered:
NO. 97-131
AN ORDINANCE AUT-ORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE
BROWN 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; AND
PROVIDING AN EFFECTIVE DATE.
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Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye0l, Cott "aye", Durrance llaye", Young
'Oaye'l, Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
28. The Council considered adoption of an ordinance authorizing j - ,
• the City Manager to execute an airport lease agreement between the p e
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.
Linda Ratliff, Director of Economic Development, stated that this
was a new lease with Ezell Aviation. On April 15th, Ezell assumed
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City of Denton City Council Minutes
May 6, 1997
Page 13
the Fox-51 lease and this ordinance outlined the additional
property included in the lease and the improvements.
7'he following ordinance was considered:
NO. 97-132
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPCR'T LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND EZELL AVIATION INCORPORATED 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;
AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Durrance 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.
29. The Council considered 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.
Rick Svehla, Deputy City Manager, stated that this was the
culmination of one of the vision projects. This ordinance would
authorize a contract with the Children's Trust Fund in which the
City would be acting as a fiscal agent to receive the funds and
subcontract with a family resource center to provide the services.
The following ordinance was considered:
NO. 97-133
• AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR CHILD ABUSE PREVENTION SERVICES WITH THE
CHILDREN'S TRUST FUND AND WITH THE DENTON FAJILY RESOURCE
CENTER, INC. , AS A SUBCONTRACTOR, TO PROVWE A FAMILY
RESOURCE CENTER AND TO MAXE 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 GRA14T APPLICATION; AND PROVIDING AN
EFFECTIVE DATE.
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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.
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Page 14
30. The Council considered 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.
Rick Svehla, Deputy City Manager, stated that this ordinance and
the next two ordinances were pact of the congestion mitigation
program. The first was a continuous left turn lane from IoOF to
Avenue A on Eagle Drive.
The following ordinance was considered:
NO. 97-134
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO EAGLE DRIVE AT BELL AVENUE, EP.GLE DRIVE
AT CARROLL BOULEVARD, AID EAGLE DRIVE BETWEEN AVENUE A
AND IOOF UNDER THE CONG%STION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock 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.
31. The Council considered adoption of an ordinance authorizing
the City Manager to execute four agreements between the City o'c
Denton and the Texas Department of Transportation for the study and
improvement of four intersections within the City limits of Denton,
Rick Svehla, Deputy City Manager, stated that this was the same
kind of program as item 130. Item 130 would have 804 State money
and 204 City money. This agreement was for turn lanes at four
different locations.
Council Member Beasley stated that the city's match would be from
bond funds and were to help mitigate pollution in traffic.
The following ordinance was considered: '
k
NO. 97-135
• AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE p
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; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
May 6, 1997
Page 15
Beasley motioned, Brock 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 adoption of an ordinance authorizing
the City Manager to execute an agreement with the Texas Department
of Transportation for improvements to Carroll Blvd. from F.M. 428
to U.S. 377 under the Urban Street Program.
Rick Svehla, Deputy city Manager, stated that this was an urban
street program with a 70-30% match. The program would repair
defects in pavement particularly on Carroll Blvd.
The following ordinance was considered:
NO. 97-136
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO CARROLL BOULEVARD FROM F.M. 426 TO U.S.
377 UNDER THE URBAN STREET PROGRAM; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
Young motioned, Durrance seconded to adopt the ordinance. On roll
vote, Beasley "aye", Cott "aye", Durrance "aye", Young "aye", Biles
"aye" and Mayor Miller "aye". Motion carried with unanimously.
33. The Council considered 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
herein; authorizing the Mayor to execute a deed without warranty to
the purchaser.
Gilbert Bragg stated that his firm had filed suit on this property
on behalf of the City and other taxing jurisdictions. No bid was
received at the public auction. It was bid in trust to the City of
Denton which held it in trust for the City, the County of Denton
• and the Argyle School District. The property needed to be resold
and there was an interested individual offering an amount in excess
of judgement.
The following resolution was considered: 3
NO. R97-021 i'
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A RESOLUTION AUTHORIZING THE SALE OF PROPERTY DESCRIBED
AS LOT 3, BLOCK 10 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.
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May 6, 1997
Page 16
Biles motioned, Young seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
34. Nominations/appointments to City Boards/Commissions.
There were no nominations/appointments at this time.
35. The Council considered 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.
Jennifer Walters, City Secretary, read the results of the election.
The following ordinance was considered:
NO. 97-137
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE
CITY OF DENTON ON MAY 3, 1997; AND PROVIDING AN EFFECTIVE
DATE.
t
Durrance motioned, Cott seconded to adupt the ordinance. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young
"aye", Biles "aye" and Mayor Miller "aye". Motion carried
unanimously.
36. Oath of Office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administered the Oath of Office
to Carl Young, District One; Neil Durrance, District Two, Mike
Cochran, District Three; and Sandy Kristoferson, District Four.
37. Election of a Mayor Pro Tempore.
Beasley motioned, Currance seconded to nominate Euline Brock as
Mayor Pro Tempore.
O
Council Member Young nominated himself.
Council Member Durrance motioned to cease nominations.
I
On roll vote for Euline Brock for Mayor Pro Tempore, Beasley "aye",
Brock "aye", Kristoferson "aye", Durrance "aye", Young "nay",
A Cochran "aye", and Mayor Miller "aye". Nomination carried with a
6-1 vote.
On roll vote for Carl Young as Mayor Pro Tempore, Beasley "nay",
Brock "nay", Kristoferson "nay", Durrance "nay", Young "aye",
Cochran "nay", and Mayor Miller "nay". Nomination failed with a 1-
6 vote.
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City of Denton City Council Minutes
May 6, 1997
Page 17
38. The council convened into a Closed Meeting to discuss the
fc~lowing:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discussed and considered settlement in the Sangster
case.
2. Discussed and considered settlement of litigation
styled Yaoit v. City of De
3. Discussed and considered 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. The Council considered adoption of an ordinance approving and
authorizing the City Manager to execute a compromise settlement
agreement in the matter of Yanit v. city of Den*--; authorizing the
expenditure of budgeted funds in an amount not to exceed
$10,229.11.
T':e following ordinance was considered:
NO. 97-138
AN ORDINANCE OF THE CI" 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 $100219.11; AND
DECLARING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Kristoferson "aye", Lurrance
"aye", Young "aye", Cochran "aye" and Mayor Miller "aye". Motion
carried unanimously.
• 40. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items at this time.
41. There was no Official Action on Closed Meeting Items discussed
earlier in the meeting, t.
• 42. New Business A •
The following items of New Business were suggested by Council
Members for future agendas:
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City of Denton City Council Minutes
M, y 6, 1997
Page 18
A. Mayor Pro Tem Brock asked for a possible agenda item
regarding a specific use permit which would allow residential use
in general retail.
Rich Svehla, Deputy City Manager, stated that there was a question
of whether that coul9 be allowed. Currently there was no way to
allow a specific use permit for a single family residence in a
general retail zone.
Mayor Pro Tem Brock statci that she would like the Council to
consider that as a general issue.
B. Mayor Pro Tem Brock stated that there was a vacancy on
the Planning and Zoning Commission and would like that placed on
the Council agenda for consideration.
C. Mayor Pro Tem Brock stated that she would like to
consider an ordinance rerouting the truck traffic onto Loop 288.
D. Council Member Young suggested that thr3 City Manager look
at land between Bell Avenue and Austin street as a possible site
for a new central fire station.
With no further business, the meeting was adjourned at 11:00 p.m.
f
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS t
CITY SECRETARY
CITY OF DENTON, TEXAS fl
ACC00383
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CITY OF DENTON CITY COUNCIL MINUTES
May 13, 1997
The Council convened into a Closed Meeting on Tuesday, May 13, 1997
at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: Mayor Pro Tom Brock
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, May 13, 1997
at 6:00 p.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Miller; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: Mayor Pro Tom Brock
1. The Council received a report and distributed supplemental
1997-98 budget priority questionnaire.
Kathy DuBose, Executive Director for Finance, stated that the first
questionnaire was distributed in January, and since there were now
new Council Members she requested the Council fill out new
questionnaires. The questionnaires would lock at the aggregate
score of the different service areas based on tt_ current Council's
priorities. The Council needed to give two different viers in
which to look at service areas. The first was the Council's view
of the level of service effort; the second was the priority of the
effort. The questionnaire also had an area for comments from the
Council Members. Council was asked to return the questionnaires by
May 20, 1997. The aggregate scores would be presented to Council
on June 11th.
p 2. The Council received a report, held a discussion and gave
staff direction concerning the 1997-98 Community Development
Advisory Committee recommendations.
James McDade, Chair - Community Development Advisory Committee,
stated that the Committee had made the best use of the money
allocated. The recommended activities included: two drainage
9 projects in southeast Denton, funding to the Denton Affordable • O
Housing Corporation, SPAN curb-cuts and handicap ramps, renovation
of the TWU Cares dental clinic, funding to the City's Housing
Program and Human Services. The 1997 Action Plan included comments
from citizens, plus a public hearing which would be held regarding
the plan on May 20th.
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City of Denton City Council Minutes
May 13, 1997
Page 2
Council Member Young asked why Starting Over was not funded this
year.
McDade responded that Wesley Stewart of the Human Services
Committee would be able to answer that question.
Mayor Miller stated that $183,657 was allocated which included
several drainage issues in the CDBG infrastructure. He asked that
I the drainage projects be briefly explained because of their
importance.
McDade stated that there were three streets included in the
drainage projects: Skinner, Lakey and Bradshaw. The Committee
decided to fund Bradshaw and Lakey which would be the start of the
lower portion of the water flow on the project. It was best to
start at the lower portion of the project to prevent flooding in
other areas.
Council Member Kristoferson commented on Mayor Miller's point of
how much was allocated. In the backup it stated that $186,000 was
allocated, not $183,657.
Barbara Ross, Community Development Administrator, stated that the
$186,000 included carryover from the previous year.
Mayor Miller stated that the considerations and deliberations that
the Committee had to do was greatly appreciated. Their work and
effort made a difference in the community.
Ross stated that the backup included recommendations for both the
infrastructure and Housing Funds, as well as the Human Services
dollars for CDBG.
Mayor Miller requested a recommendation for staff direction.
Beasley recommended, Durrance seconded that the Council proceed as
1 presented by the Committee.
® Council member Kristoferson requested that the Council wait until
the completion of Item 03, Human Services, as it might impact
Item 02.
Council agreed to wait on the recommendation until after discussing
Item 03.
• 3. The Council received a report, held a discussion and gave • •
staff direction regarding the 1997-98 Human Services Committee
recommendations.
Wesley Stewart, Chair - Human Services Advisory Committee, stated
that 31 organizations requested funding and the Committee
recommended 24 to receive funding. There were six groups which
were not funded last year which were recommended to be funded this
year. The listing of the recommended funding agencies were
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City of Denton City Council Minutes
May 13, 1997
Page 3
included in the agenda back-up materials. Total funding was
$183,657 in CDBG dollars and $165,443 from the General Fund for an
increase of $1,575 from last year's request from the General Fund.
The Committee had been informed this year that any funding request
over $15,000 had to go out for bid. CDBG funds to organizations
such as Hope Inc. and Transitional Housing funding, if approved,
would have to go out for bid and might not be back by the June 15th
deadline. He stated that the recommendation was & unanimous vote
by the Committee.
Council Member Young asked why there was no funding for the Family
Health Care Corporation, Kids Unlimited and Starting Over.
Stewart stated that there was a great deal of discussion regarding
all of the organizations requesting funding. The Committee had to
make some tough decisions regarding which organizations would not
be funded. The Family Health Care Center was a group left over
from North Texas Community Clinics. The former group of North
Texas Community Clinics had received, since the 1992-93 budget
year, over $160,000 from the City. That agency was divided and the
more profitable part of the North Texas Community Clinics was sold
to Columbia HCA. The remainder portion of the organization was the i
Family Health Care. The Committee specifically asked about who
would the funds be going to help. The answer was it would be to
provide prenatal care for illegal aliens. That was a concern of
many members. There was also great concern about the sale of the
Clinic to Columbia. The Committee's concern was the city gave
$160,000 to build up the goodwill of this organization in the
community which was an asset to the organization and felt the City
should have been included in the sale to Columbia. They felt
something could have been worked out with Columbia to help fund the
new Family Health Care if the City had been included. North Texas
Community Clinic's last year's budget request was $335,000-out of
that the city funded $35,000, This year-, the same program's budget
had dropped to $283,000 and asked City funding to increase to
$45,000. They had added one line item to their budget of $122,000
to pay for contract services. Contract services would have b,en
previously provided by the former North Texas Community staff bit
• that staff had gone to Columbia. There was a discussion oi`
separation of church and state with three organizations. Two of
the three organizations received funding. Kids Unlimited was a '
Saturday morning program and one of their morning meetings was a
gospel video which was a concern of the Committee. There were
rules about the separation of church and state and the
establishment of religion. The committee received from the City
• Attorney's Office the guidelines regarding what to look for on that • •
particular issue. Kids Unlimited was a great program but of all
three groups, this group had the most concerns. The Committee had
a unanimous vote of not to fund the group. Starting over had
requested funding last year and was unable to attend the scheduled
meeting which was then rescheduled. Mr. Stewart had a conflict
with the rescheduled meeting and was not able to attend. From
reviewing the minutes, it appeared that at the time of the hearing,
the organization had not actually purchased a home that they had
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Page 4
this point in time, he believed that the purchase had gone through.
This was a new group, with a substantially large budget for a new
group (approximately one-half million). They had had success in
receiving funds from other organizations. This particular program
had not been in existence for very long so there were no real
records for the program. The Committee had a concern about the
number of individuals who would be served in this particular home
(with only 4-5 bedrooms). The numbers did not justify the
expenditure requested. Last year, Starting over indicated that j
they had an 80% success rate. The Committee had questioned if that
was an accurate number.
Council Member Young stated that he could understand the Family
Health Care and the Kids Unlimited not being funded. He requested
that the Committee reconsider Starting Over. There was not a
single program like this in Denton County and was needed very
badly.
Council Member Durrance asked about the decrease in funding for
Denton County Friends of the Family.
Stewart responded that the Human Services Committee, up until two F
years ago, was a committee aimed at helping start up organizations
begin the process of building up their programs. Two years ago,
the philosophy changed partly in response to several groups
(Friends of the Family and TWU Cares) which had been funded for
longer than three years but were very good organizations. This
year, there were some concerns by Committee members over the
increase in the funding amount which was approximately a 36%
increase over the last several years. One concern by two members
of the Committee was the fact that Friends of the Family had
trouble sustaining their funding level from other sources. They
had discussed with Friends of the Family the possibility of working
with the District Attorney's office to get the perpetrators of
these acts of family violence to contribute more substantially to
Friends of the Family. Their statistics indicated that family
violence occurred in low or very low income families. It was a
very expensive process for anyone to get into the court system.
O While Friends of the Family was asking for an increase, the
Committee proposed a diversionary program. There was also a
request from the Children's Advocacy Center which dealt with child
abuse. The Committee recommended funding of the Children' a
Advocacy Center at $10,000 which was another area of abuse or
illegal conduct. The Committee felt that $10,000 to the children's
Advocacy Center and $30,000 to Friends of the Family was adequate
• for that type of service area. Those two combined were • •
approximately 10% of the total budget level.
Council Member Durrance asked about the diversionary program
discussed.
Stewart stated that Friends of the Family had been very receptive
to that idea, but the problem was that it had to go through the
District Attorney's office. The recommendation for the
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City of Denton City Council Minutes I
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Page 5
diversionary program would have to come from Friends of the Family
as the primary focal group for family violence in the County. If
the abuser did not get through the diversionary program for that
year, he not only was charged with any new offenses; he could also
be charged with the original family violence offense. The family
program that was recommended was only for first time non-serious
offenders. The average cost that Friends of the Family had
requested was approximately $500 per client, which happened to
mirror the cost in an average criminal case.
Council Member Durrance asked if it would be possible to coordinate
Children's Advocacy Center finds with Friends of the Family
services.
Stewart responded that the Children's Advocacy Center was
established through the District Attorney's office and the Friends
of the Family worked closely with them. He hoped that they could
coordinate and cover some of their mutual costs.
Council Member Cochran stated ha got the impression from the
Committee minutes that the Committee agreed that Friends of the
Family should be funded to the degree of their requested funding '
but the differences was how to get the money.
Stewart responded that he thought the diversionary program was a
side issue, a suggestion. The problem the Committee had was the
fact that there were new organizations requesting funds and old
organizations requesting more funds. The Committee would not be
upset if the Council funded Friends of the Family at the full
funding requested, but it would be difficult to find the funds for
that organization. The suggestion of the diversionary program was
to encourage the agency to find alternative funding.
Council Member Cochran asked if this type of program was permitted
in the state of Texas.
Stewart stated it was legally allowed. The Jiversionary program
was not a statutory legal program. In Denton County it was
• available for any type of misdemeanor except for family violence.
The recommendation was in first offense non-serious offenses that
it be considered part of the diversionary program. The r
diversionary program required the offender to repay Friends of the
Family for the $500. If the offender failed to make the payment or
committed another act of violence within one year, he would be
prosecuted for the current year's charge and for the old charge.
• If any abuser did not abuse for a year - that would be substantial • •
progress.
Council Member Cochran stated he was concerned about the second
year and the record being erased. He questioned the earlier
statement that the Family Health Care served only illeg.il aliens.
His understanding was that illegal aliens were only a portion of
the individuals served.
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City of Denton city council Minutes
May 13, 1997
Page 6
Stewart read from the minutes of 03/06/97 in which it was asked who
was not eligible for Medicaid. The response was illegal aliens.
Ross stated the patients the City was being asked to fund were all
undocumented aliens.
Council Member Cochran was concerned about taking all the funding
from this group because it was one of the more defenseless groups,
unborn children of illegal aliens. Once born, they became American i
citizens and not funding the program would be discriminating
against them because of the legal status of their parents.
Stewart stated that there was a lot of American citizens who were
legally here who fell above the guidelines and could not afford
their own health insurance or prenatal care. Funding that agency
would be subsidizing people, who by law, were breaki•,i the law by
even being here. He agreed that someone should take care of the
infants of illegal aliens. The question was whether taxpayers
should foot the bill.
Council Member Young stated he had the same concerns as Council
Member Cochran for the Family Health Care Center. He understood
that the organization sold the portion of the agency that made the
profit due partially to the state's policy changes. The agency
faced bankruptcy and had to sell a portion to save the program. He
would like to see the agency reconsidered. He felt they needed to
look at all the parts of the issue. He stated that not all the
people using the service would be illegal aliens as legal Americans
used this service, too. The children born of illegal aliens were
citizens and he requested reconsideration.
Council Member Kristoferson stated funding came from the county
level for indigent care and for non-emergency care. It was the
County's responsibility to work out a relationship with the family
health provider. It was not the City's responsibility to consider
major funding for health care sources for the medically indigent.
Council Member Beasley commented that she agreed that the Friends
• of the Family funding was too low. Her understanding was that the
diversionary program was not available in Texas. She suggested an
increase in funding for Friends of the Family. The Family Health
Care Center might not be able to be fully funded, but she would
like to increase that funding. She stated that 20% of the people
being seen there were from Denton and others from the county.
• Mayor Miller stated the requests were for $581,000 of funding with A O
only $349,000 allocated. He noted that there were concerns over
the level of funding for two or more of the agencies. If the
Council recommended additional funding, the problem would be where
to get the money. Would the funding come from the General Fund and
Council realize that it would not be a one time funding? If
started, it would become increasingly difficult to continue to
fund. He felt there were two choices: recommending more money
from the General Fund, or redistribute the money recommended, or a
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City of Denton City Council Minutes
May 13, 1997
Page 7
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combination thereof. Two years ago he was in favor of the Family
Health Care Clinic. Now that there had been a sale to Columbia,
the question was-could a better deal have been negotiated? He was
very concerned over the issue. If an issue was the County's
responsibility to take care of, than it should be done by County
government. He had received much correspondence relating to the
Friends of the Family and the fact that the agency's funding should
continue. He felt strongly that it should be funded at the level
requested. He would not agree with funding at a level less than
last yearns. The requests had been for the Family Health Care,
Starting Over, and increase funding for Friends of the Family which
would be major dollars. The Council was not indicating that an
organization was not important if not funded.
Beasley motioned, Cochran seconded to reduce the funding for DISD
Trips by $5,000 and the Special Olympics by $5,000 and transfer it
to the Friends of the Family and to leave the remaining balance as
recommended by the committee. She felt the need for Friends of the
Family was very important. She noted that the Special Olympics did
not receive funding last year, so $10,000 this year would help.
The DISD Trips would be at the funding of the previous year and
they were also funded by DISD. '
Council Member Durrance agreed that he was not prepared to look for
additional funding out of General Fund but requested the Council to
consider an amendment to the motion regarding Family Health Care.
He would like some direction from the staff regarding funding and
how much of that was necessarily funded through County or other
entities. Indigent health care was mandated from the state through
the County funds. The split was the difference between actual
health care treatment and preventative health care. He requested
that the Council consider a friendly amendment for staff direction
to find out the split of funding for family health care areas.
Council Member Beasley accepted the friendly amendment.
Council Member Young requested that the Council also ask staff to
look at Starting Over. The Starting Over program helped 15 women
• and 5 children in three months, that would be 80 women and 25
children a year. He asked that it be added to the motion.
Mayor Miller questioned as to where he proposed to get the $350000
funding.
Council Member Young suggested that staff look and find funding.
• a •
Mayor Miller stated that the friendly amendment was to find out
whether the County was funding it or not. It was not suggested
that the General Fund dollars be increased. Council Member
Beasley's motion stated where the money came from.
Council Member Young stated it could come from the General Fund.
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City of Denton City Council Minutes
May 13, 1997
Page S
Mayor Miller questioned Council Member Young if he was recommending
that the $35,000 for Starting Over come from the General Fund.
Council Member Young state he would like the staff to find the
funding.
Mayor Miller stated that the amendment was to include $35,000 for
Starting Over which would come from the General Fund. He asked for
a second. The amendment died for the lack of a second.
Council Member Cochran stated that he thought Starting Over was an
excellent program but the difference was a lack of track record in
the community. Family Health Care was still providing a valuable
service to the community. They were not a start-up program. His
understanding was that the agency received county funding for
health care for individuals outside the City of Denton and when the
funds from the City were depleted they went into County funds.
They were not solely funded by City tax dollars. It was a joint
proposal between the County and the City.
Mayor Miller asked staff if there was a problem with the source of
funding.
Ross stated that it was a very delicate balance. If the motion
passed, they would propose DISD Trips be reduced to $10,000 and the
$5,000 CDBG funding would go to the Special Olympics to bring the
total from CDBG to $9,257. The $5,000 General Funding for Special
Olympics would go to fund Friends of the Family. Friends of the
Family would be funded totally out of the General Fund.
Mayor Miller repeated the motion to increase funding for Friends of
the Family by $10,000 and reduce Special Olympics and DISD Trips by
$5,000 each and that the staff be directed to study the Family
Health Care program under the County as to what funding was
available and report back during the budget cycle.
1 On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
• carried unanimously.
Council Member Young stated that he voted for the motion and
amendments. He was still concerned about Starting Over not being
funded this year. He would like the Committee to take a serious
look next year at this program.
® Council returned to Item 12 concerning the 1997-98 Community •
Development Advisory Committee recommendations.
Beasley motioned, Durrance seconded to approve the recommendations
with amendments as noted. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", and Mayor Miller
'laye". Motion carried unanimously.
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City of Denton City Council Minutes
May 13, 1997
Page 9
4. The Council received a report, held a discussion and gave
staff direction regarding rules for use of the cable television
public access channel.
Richard Foster, Public Information officer, stated that
traditionally there were three types of access channels - public,
educational and governmental channels. Denton had one of each type
of channel. The cable TV operator was required to provide a
channel for public access which was Channel 25. However, Channel
25 was not just public access. It was described as a public
access/local origination. The franchise indicated that rules of
that channel would be establiFhed between the City and the cable
operator. The Council approved rules for use of the public access
channel in 1991 and amended them in 1994. The rules had worked
well over the years with not a great deal of demand. The current
rules limited access programs to 30 minutes in length and required
them to be produced in the cable operator's studio. There had been
several inquiries or complaints in the last several years about
both of thus, sections of the rules. As a result of the
complaints, the Cable Board looked at the current rules to see if
they could be less restrictive. A survey and information gathering
process looked at other cities. It was indicated that there were
very few restrictions that could be placed on public access
channels and the programming that appeared on those channels. Any
rules for the use of the channel had to be content neutral, with
the exception of unprotected speech. The Board found that there
were three ways that public access channels operated: the city
operated the channel, the cable operator operated the channel, or
a non-profit organization operated the channel. The Cable Board
studied for months and prepared revisions for the current public
access channel rules. However late in the process, Marcus Cable
hired a new manager who offered to have the cable operator handle
the public access channel. Two options were available for
consideration by the Council: (a) adopt the revisions to the rules
by the Cable Board or (b) adopt more limited rules which would
N contain the language that was required in the rules by the
franchise agreement and let the cable operator handle the operating
and administration of the access channel. The franchise agreement
• required the City Council to make the determinations of priority of
use, prohibition about the lottery, prohibition of obscenity and
indecency and permitting public inspection fcr requests. The Cable
Board and staff recommended option (b).
Council Member Cochran asked if the cable company would take over
the operation of Channel 26. ,
Y I O O
Foster responded no, Channel 25 only and not to any great extent.
Channel 25 would not be affected at all. In either case, programs
longer than 30 minutes would be accepted and tapes produced outside
the cable operator's studio would be eligible on Channel 25.
Mayor Miller clarified that both options only c:~_slt with Channel
25.
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City of Denton City Council Minutes
May 13, 1997
Page 10
f
Council Member Cochran asked how much time was taken up by the
current programming.
Foster stated that Channel 23 was a public access/local origination
channel. In the franchise, the cable operator was required to
produce a minimum of 400 hours per year of local origination
programming.
Council Member Durrance questioned if the cable oper+tor handled
the administration, would the cable company be required to make
decisions.
Foster stated correct. The cable operator removed both the Cable
Hoard and the Council from service as appeals from the cable
operator.
Herb Prouty, City Attorney, stated that the City had received
complaints from citizens who wanted to produce tapes away from the
cable operator's studio. That would mean that the City and Marcus,
initially, would not have much control. The cable companies or
cities could not regulate the content. They could not be liable if
they had no legal authority to regulate the content. Whoever did
the regulating would have that liability because it would not be D
regulated. He noted a good aspect of option (b) was that the City
would not incur liability regardless of how remote it might be.
Council Member Durrance asked if it would permit flexibility to
account for any changes from the Supreme Court decisions.
City Attorney Prouty stated yes it would have flexibility.
Council Member Young asked if there was a set number of minority
programming.
Foster stated no that it was simply first come first serve with
everyone having equal opportunity. If anyone was not able to
produce their own program with their own equipment, they would
still have access to the cable operator's equipment.
O Council Member Kristoferson understood that there was a prohibition
for obscenity but not for indecency.
City Attorney Prouty responded that the prohibition for indecency
was in the franchise. The franchise was a contract between Marcus
and the City. The term indecency had not been defined by the
courts, therefore it was protected free speech. The term obscenity
• had been loosely defined. The portion of the franchise that stated •
that the City could prohibit indecent behavior was contrary to the
most recent Supreme Court decision. In his view, that portion of
J the franchise was invalid. He recommended that the City not
attempt to prohibit indecency.
Foster added that it might be possible to receive help from the
Supreme Court. 'Yhe 1996 Telecommunication Act had a companion
piece, the communication Decency Act, which prohibited indecent
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City of Denton City Council Minutes
May 13, 1997
Page 11
material on the Internet. The Supreme Court was reviewing it and
should make a decision before they adjourned in July.
Council Member Kristoferson asked if the cable company could
indicate their review process for determining decent or indecent.
Karen Yurchuck, Marcus Cable, stated that they were not allowed to
look at it. Her opinion of decent or indecent might not be the
same as someone else's. She stated that there was no regulaticn
that allowed them to keep it off the air.
City Attorney Prouty stated until 1994 the cable company was
prohibited from controlling any content. After 1994, the company
could control or prohibit obscene content. A decision from the
Supreme Court was needed on the particular point of indecency
before one could even attempt to regulate. The public access
channels were channels that the public could use either for no fee
or limited fee. As long as the public used the channel and used it
for freedom of speech, anything that was protected free speech
could not be regulated.
Council Member Beasley recommended option (b).
Council Member Cochran asked that if in the case of a dispute of a
right to show, was there any appeal process.
Foster said the appeal would be taken to the court system. For
option (b) , it would not involve the City Council or the Cable
Board.
Council Member Cochran understood if the cable company permitted a
legally qualified political candidate to appear that they must
afford equal opportunity to any other candidates. He asked if that
meant all could be prevented, if none were allowed.
Yurchuck stated that the intention was to lay responsibility on the
producer of the program. The programmer would have to supply equal
opportunity to all candidates. It would not be up to Marcus Cable
• to regulate the program, but up to the programmer. The producer of
the show would not, under the law, be able to deny that equal
opportunity.
Mayor Miller asked if this was a local rule or federal.
Yurchuck responded that this specific rule was how Marcus handled
• it, as written in the agreement. O 0
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City Attorney Prouty stated that this was related to what could and
could not be prohibited. The public access channels were
considered to be public forums from the stand point of the first
amendment. They could not prohibit political announcements or
advertisements. They could restrict it. If restricted, they would
have to provide equal opportunity to all political candidates.
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City of Denton City Council Minutes
May 13, 1997
Page 12
Council Member Cochran stated he agreed with the equal access. He
said this had the potential to make the process more open but
adding that stipulation made it less useful. He felt the
possibility to revisit that one aspect would be a benefit to the
citizens and candidates.
Yurchuck stated that Marcus did not prescreen tapes. Their concern
was if a program not entirely political in nature had a 10-minute
segment on a local candidate, Marcus would be held responsible for
equal opportunity and notification of all candidates. Marcus would
be putting the responsibility on the producer rf tLe tape, who knew
the content, rather than on them.
City Attorney Prouty stated that certain people might run for a
particular office and this might be the only means of
communications available.
Council Member Young said there had always been a guaranteed access
for minorities. Marcus, here in Denton, had a lack of minorities
on staff. He stated he would vote against the motion because of r.o
guarantees and lack of minorities in Denton at Marcus.
Foster responded that under the language of first come first serve,
everyone was guaranteed equal access.
Beasley motioned, Durrance seconded to proceeded with option (b)
with staff bringing it back as a resolution at a future meeting.
on roll vote, Beasley "aye", Kristoferson "eye", Cochran "aye",
Durrance "aye", Young "nay", and Mayor Miller Kaye". Motion
carried with a 5-1 vote.
5. The Council received a report, held a discussion and gave
staff direction regarding Marcus Cable rates.
Richard Foster, Public Information Officer, stated that this was a
recuest for a revision of the cable rates. The rate adjustment was
schedulea for June 1st. Under FCC guidelines, cable operators
could adjust their rates quarterly or annually. The City was
certified to regulate the rates for basic cable service, equipment
with that, and the hourly service charge. The City received the
rate request from Marcus on February 28th. The City had three
months to review the rate proposal and make a decision. The
Council had three options: (1) review the rates, (2) approve the
rates as filed, and (5) no official action, at which point the
rates would automatically go into effect on June 1. If the Council
• decided to review the rates and the study indicated the rates to be I~ • •
J excessive, Marcus would be asked to retroactively refund the
Jy customers. There would be a public hearing on the issue at the
next meeting. Last year, a consultant was hired to review the
rates with only slight revisions. This year, all of the same
cities in the first study were contacted and none were planning to
take official action. They were going to let the rates go into
effect as filed on June 1. He stated that the cable company no
longer rented remote control units. Those already with the rented
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City of Denton city council Minutes
May 13, 1997
Page 13
units could continue their rent on a monthly basis but no new
controls. The rates proposed including the 5t franchise fee; basic
level from $10.26 to $10.37 per month which was ar increase of 1$;
remote controls from 130 to 170 per month; non-addressable
convertor from $1.06 to $1.00 which was a decrease of 6%;
addressable convertors from $2.55 to $2.70 which was an increase of
6%; an hourly service charge $42.72 to $19.98 which was a decrease
of 53%.
Council Member Young stated he would be against any kind of rate
increases as his district felt tlsat the City was too easy on
Marcus.. He said Marcus needed to justify the increases. He
suggested that they take the first option and initiate a review of
the rates. The review could take as long as a year and the new
rates would still go in effect June 1. However, if the results
showed Marcus was overcharging, a retroactive refund could be
ordered. He felt Marcus had not done anything to deserve an
increase, provided no new services.
Mayor Miller asked for legal opinion that since a public hearing
was going to be ;field, would it be appropriate for Council to make
the recommendation at this point in time or take it forward to a
public hearing and then make the recommendation.
City Attorney Prouty stated generally the City was controlled by
the cable ordinance, but the City imposed even stricter
requirements under 81-36 which required the City to hold a public
hearing within 90 days. The Council then was required within 90
days of the hearing to render a written decision on the cable
company's application. It was usually done in a form of a
resolution which either approved, reduced or denied the rate
increase. The appropriate action would be taken after the pubic
hearing by resolution and within 90 days of that public hearing.
Council Member Beasley stated there was ar article in the Dallas
Morning News comparing cable rates. She noticed that Denton had
one of the largest availability to channels in the area and many
other cable systems had higher prices with less channels. Site
• pointed out that the rate study would cost $3,500-$1,000 to
conduct. 3I
Council Member DurrAnce asked about the 53% decrease in the hourly
service charge and what it was based on.
Karen Yurchuck, Marcus Cable, stated that the entire form was
® calculated in their regulatory department. T- re were 7-10 factors I~ • •
that went into each of the rates. It came awn to everything from
median income, number of channels, t_ourly eervice charged incl%.9ed
calculations of averaye number of hours spent on average number of
service calls, and the calcu+.ation3 were done by individual city.
There was also a true-up factor which would be calculated into the
coming year's rates.
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City of Denton City Council Minutes
May 13, 1997
Page 14
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Mayor Miller stated that a public hearing would be held on May 20,
1997.
City Attorney Prouty stated the ordinance required Marcus to notify
the subscribers of the public hearing on at least two channels.
Foster said the announcement was currently being seen on Channel 25
and 26.
6. The council received a report, held a discussion and gave
staff direction regarding recommendations from the Oversight
Committee.
Rick Svehla, Deputy City Manager, stated that on April 7th the
staff took several recommendations to the Committee with money left
from other sales. The funds were left over from street projects,
sidewalk projects, and from signal/turn lane projects. The
Committee was suggesting the monies be set aside in new accounts
for sidewalks, signals or turn lanes and the monies left over from
street projects follow recommendations received from the 191
Committee. They recommended that any excess from street and
drainage projects go to the US 77 project. The second suggestion
was recommending that $22,000 of the leftover sidewalk money help
fund the improvements of the Sherman Building at Hickory and Elm
and that $27,000 be used for the CMACK project reviewed at the last
Council meeting. The final suggestion was to be allowed to
complete the project at the Railroad Avenue-Uland-Banner Street
area which was a small area between the railroad tracks and Frame
Street, north of McKinney with the leftover funds from the Paisley
and Mingo project, some fundiny from CDBG, and maintenance money.
Council Member Young asked if any additional streets could be added
in this przposal, such as Carpenter Street.
Svehla stated that it was not recommended. They only recommended
extra funding as indicated; the existing funds might not be enough.
Council Member Young asked how that street could bo paved.
O
Svehla stated that Carpenter was a private road, not a City street.
If the Council directed, Carpenter could be taken to the Oversight
Committee for a recommendation.
Council Member Young requested that it be taken to the Oversight
Committee. The people were willing to dedicate the road to the
• City. E~ • d
J Council Member Kristoferson asked if it was more appropriate to
obtain sidewalks on an existing street from CIP or to do this.
Svehla stated generally those were made in the CIP process. In the
last bond issue there were sidewalk monies put aside in different
years. The Blue Ribbon Committee chose to make a list in a ranking
system. Whenever the City received a request in the CIP process or i
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City of Denton City Council Minutes
May 13, 1997
Page 15
a request from a citizen for a sidewalk, the staff advised the
Oversight Committee to add the request to the ranking list and is
funding be.ame available for sidewalks, it would be submitted.
Durrance motioned, Beasley seconded to follow the recommendation of
the Oversight Committee for funding of the projects.
Council Member Young asked if any of the money was diverted from
another project.
Rick Svehla responded that it was leftover money, with the
exception of the $30,000 coming from the Maintenance Street funding
and the two projects the Oversight Committee recommended-Paisley
and Mingo Road.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "aye", and Mayor Miller "aye". Motion
carried unanimously.
Following the completion of the Work Session, the council convened
into a Special Called Meeting.
1. The council considered adoption of an ordinance of the City of
Denton approving the transfer of Denton's Certificate of
Convenience and Necessity pertaining to water service to a certain
9,500 acre tract of land located in Denton's northern
extraterritorial jurisdiction area to Bolivar Water Supply
Corporation; and authorizing the Mayor to execute any and all
documents necessary to properly effectuate said transfer.
Herb Prouty, City Attorney, stated that the ordinance would
authorize the Mayor to execute documents necessary to transfer
Denton's CCN within a 9,500 acre area to Bolivar Water Supply
Corporation. There was dual certification in the area and
customers were approaching both the City of Denton and Bolivar for
service. Bolivar's CCN could not serve customers more than 200
feet from existing facilities. Denton could serve under its
certification but many were far from Denton's transmission line.
O It would be costly to extend lines for those services. Based on
the Council's -ecent decisions on infill policy, where the infill
plan was rejected after the recommendation of the Public Utilities
Board to extend services in similar situations, it would be
inconsistent to subsidize. The policy was basically that they
wanted people within the CCN to be serviced and since Denton was
not in the position to serve those customers in the immediate
• future they would like Denton to allow Bolivar to serve. They
recommended transfer of the CCN and the 9,500 acres to Bolivar and O O
authorized the Mayor to sign those transfer documents. If in the
future the City annexed that area, it would seek certification
11.1 again and would be controlled under a section of the water code
which would determine the fair value.
cou:.:il Member Young asked if the Bolivar pipes meet the City
specifications.
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May 13, 1997
Page 16
Herb Prouty, City Attorney, stated Bolivar did not meet the City
specifications. The pipes were smaller than the pipes used in
Denton.
Doug Chadwick seated that he moved to Denton in 1979 and planned to
stay in Denton. He stated that he was moving into that area on six
acres. The CCN was Denton'a but was not serviced. They were
beyond the 200 foot limit of the existing lines of Bolivar. With
the help of the Texas Legislature, they determined a plan to i
transfer CCN to Bolivar. The Bolivar Beard made a change this last
year. In new construction they were putting in pipes which were
closer to Denton's specifications. He encouraged the Council to
approve the motion.
The following ordinance was considered:
NO. 97-139
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE TRANSFER
OF DENTON'S CERTIFICATE OF CONVENIENCE AND NECESSITY
PERTAINING TO WATER SERVICE TO A CERTAIN. 91500 &CRE TRACT
OF LAND LOCATED IN DENTON'S NORTHERN EXTRATERRITORIAL
JURISDICTION AREA TO BOLIVAR WATER SUPPLY CORPORATION;
AND AUTHORIZING THE MAYOR TO EXECUTF ANY AND ATLL
DOCUMENTS NECESSARY TO PROPERLY EFFECTUATE SAID TRANSFER;
AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Cochran seconded to adopt the ordinance. Or roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance f
"aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
With no further business, the meeting was adjourned 8:40 p.m.
JACK MILLER, MAYOR
• CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
May 20, 1997
After determining that a quorum was present and convening in an open
meeting, the City Council convened in a Closed Meeting on Tuesday,
May 20, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Kristoferson, Cochran, Durrance, and Young.
ABSENT: Not
1. The Coil... ;onsidered the following in Closed Meeting:
A. Consultation with Attorney Under TEX. GOVT CODE Sec. I
551.071 III
1. Discussed and considered Sangster and Tetreault claims
growing out of the drowning incident which occurred at
Bell and Robertson Streets in November, 1996.
B. Conference with Employees Under TEX. GOVT CODE Sec.
551.075. The Council could receive information from employees
or question employees during a staff conference or briefing,
bit did not deliberate during the conference.
The Council convened into a regular meeting on Tuesday, May 20, 1997 at
7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Kristoferson, Cochran, Durrance, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance
to the U.S. and Texas flags.
2. The Council considered approval of the minutes of March 18, 1997.
Young motioned, Durrance seconded with a correction to add the vote for
R37-010. On roll vote, Beasley "aye", Kristoferson "aye", Cochran
"aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye".
• Motion carried unanimously.
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Mayor Miller presented a proclamation for National Senior Health and
Fitness Day.
3. The Council considered a Resolution of Appreciation for David
BilPS.
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The following resolution was considered:
RESOLUTION OF APPRECIATION FOR DAVID BILES.
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Cochran motioned, Young seconded to approve the resolution. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
May 20, 1997
Page 2
4. The Council considered a Resolution of Appreciation for Jerry Cott.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR JERRY COTT.
Young motioned, Brock seconded to approve the resolution. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and mayor Miller "aye". Motion carried unanimously.
CITISEN REPORTS
5. Dessie Goodson regarding city government issues.
Ms. Goodson stated that she had taken pictures of her street showing
problems which she had told the City about four years ago. The City
needed to take care of the problem correctly rather than just patching
the street. There were no curb ramps at those intersections near her
street. The sidewalks were not cleaned properly and she could not walk
down the street properly. She had given the City a year to respond to
how one person could use more water than three people in one month and
the City had not ifone it. She would not go another year without water
and electricity. She paid each month to have her phone number not
published. She did not appreciate the City giving out her phone number
as that was going against the Privacy Act. The City was not to give her
phone number out again.
6. Joe Dodd regarding "my death, your taxes, and our access t.v.".
Mr. Dodd stated that his "death" was greatly exaggerated. He would
continue to come to the City until a public access channel was available
to the public. The people of Denton owned the band width that the cable
was delivered on and was rented to the cable company. There were two
components of the access channel-},ndividuals using the channel and
organizations using the channel. Local origination should not be
confused with the public access channel. The programming of ball games
were not a part of the public access programs. Council Member Young had
asserted that other cable companies set aside minority space for their
• programming but was not correct. Patrons should receive something more
than what they were currently receiving for their sponsorship.
7. I(:)ss Melton regarding "prosecutorial immunity" of the City
Attorneys.
Mr. Melton stated that he was having problems with Code Enforcement in
9 the area of trash and debris. He had sued the City Attorney and ' 0
Assistant City Attorney in Federal Court but his suit was dismissed. He
was told that city attorneys were immune from suit. There had been no
hearing and no jury trial with the suit against the City still pending.
The opinion which the Court wrote was "secret" in that it was going to
be unpublished. Immunity isolated a trial by jury and was created by
judges. His judgement was that the attorney's office gave advice which
was secret and he was denied access to that advice. The City Attorney
violated the Open Records Act and he could not investigate the Code
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May 20, 1997
Page 3
Enforcement Cepartment. The City Attorney's office was a black hole
regarding legal matters. The issue was not settled as far as he was
concerned.
8. David Zoltner regarding Open Meetings and public trust.
Dr. Zoltner stated that he wanted to withdraw his comments at this point
in time. He would be watching to see if the Council continued to post
corrected Closed Meetings in the future.
NOISE EXCEPTION
9. The Council considered a request for an exception to the noise
ordinance for the 1997 Juneteenth activities June 13-14, 1997 and June
19-20, 1997 at the Fred Moore Park until 12:00 midnight.
Veronica Bolen, Administrative Assistant, stated that this request was
from the Juneteenth Celebration Committee. The celebration was held
annually at the Fred Moore Park. The exception was requested for
musical activities in the park during the festivities.
Young motioned, Brock seconded to approve the request. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously.
PUBLIC HEARIN4E
10. The Council held a public hearing and considered adoption of an
ordinance rezoning 0.464 acres from the Multi-Family 1 (MF-1) zoning
district to a General Retail Conditioned (GR(c)) zoning district. The
subject property was located on the north side of University Drive (US
380), approximately 500 feet east of Locust Street. (The Planning and
Zoning Commission recommended approval 5-0.)
Rick Svehla, Deputy City Manager, stated thr,t this was a request for
general retail conditioned zoning. This type of zoning was selected due
to the fact that the property to the west was zoned the same. In 1994
Q the Council adopted conditions similar to that coning as to this case.
The General Retail zoning was a less intense use which more closely met
the existing plan. The Planning and Zoning Commission recommended
approval.
Council Member Kristoferson stated that the back-up materials indicated
that the request was 975% over the intensity allocation.
• Svehla stated that the analysis was originally done based on the request
for commercial zoning. Further in the back-up materials it indicated
that the intensity, based on the limited uses, was '.86 trips which was
a major reduction in intensity.
Council Member Kristoferson stated that the proposal would still be
significantly inconsistent in three areas.
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May 20, 1997
Page 4
Svehla replied that it would be inconsistent on intensity and the strict
site plan in which no general type of zoning met that requirement.
Council Member i,ristoferson stated that that was not what the applicant
wanted for the long term.
Svehla replied correct lout if Council passed the Planning and Zoning
recommendations, only the uses listed would be allowed.
Council Member Beasley asked if a restaurant/tea room would be allowed.
Svehla replied that it was not allowed under the conditions indicated.
Council Member Durrance asked what was the proposed use.
Svehla replied that the current use was an apartment. The applicant
wanted to use the house for a telephone business office. The house to
the west of the proposal housed a business and the applicant wanted to
expand the use to the next house.
Council Member Durrance stated that this would be the same business as
what was next door and the applicant would be required to keep the same
conditional structures on the property.
Svehla replied correct.
Council Member Cochran askea that if the individuals who were opposed to
the proposal but not within 200 feet were figured into the calculation,
what would be the percentage of opposition.
Svehla replied that staff had not made that calculation.
Council Member Cochran stated that the reason those ind:.viduals were not
being considered for the 20% calculation was because they were not on
the list as of January let. F
Svehla replied correct.
O The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
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Council Member Cochran stated that he was concerned about the O
sensitivity of the neighborhood and the idea of University Drive and
Denton Center going into residenti%1 neighborhoods. He was concerned
about deviations from the Denton Development Plan and particularly the
extending of strip commercial development in the area.
Mayor Pro Tem Brock stated that this was a case where people were
opposed to what was being proposed but what was in place was multi-
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City of Denton City Council Minutes
May 20, 1997
Page 5 I
family zoning. This was a fragile area and behind the proposal was a
very lovely street. It was difficult to know what would be a suitable
use for the area. The present business was not damaging the residential
nature of the area around there. She would not like to see what was
there replaced with another apartment house.
Council Member Durrance stated that he was concerned that this was a
border line case in both instances. There were inconsistencies with the
Denton Development Plan but the restrictions agreed to and the expansion
of the business was small. There were additional safeguards that any
changes would require approval of the Council.
Council Member Beasley stated that she had reservations about the case.
DFW Direct had renovated an old home which looked nice. The current
home was not in the same shape and hoped that the applicant would do the
same thing. She was concerned about commercial zoning on University but
conditions placed on the zoning would probably take care of some of
those concerns. This proposal might be an improvement over what was
currently there.
The following ordinance was considered:
NO. 97-140
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE MULTI-FAMILY 1 (MF-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A GENERAL RETAIL
CONDITIONED (GR[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.464 ACRES OF LAND LOCATED ON THE NORTH SIDE
OF UNIVERSITY DRIVE (US 380), APPROXIMATELY 500 FEET EAST OF i
LOCUST STREET; PROVIDING FOP. A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DA^.E.
Beasley motioned, Young seconded to adopt the ordinance.
Mayor Pro Tem Brock asked about the possibility of reducing the number
of permitted uses. If the applicant was only expanding his business, he
• might not want some of those uses. She asked if it were possible for
Council to reduce the number of permitted uses.
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Herb Prouty, City Attorney, stated that council could change the zoning
as long as it went to more restrictive zoning.
Svehla stated that the conditions placed on this request were similar to
• the ones placed on the adjacent lot. The difference in the ordinances
was that the uses in the 1994 ordinance were uses not permitted. 0 0
Mayor Pro Tem Brock stated that she had concerns about some of the
listed uses such as a private community center or swimming pool.
Brock motioned, Beasley seconded an amendment to the motion to remove
all permitted uses except for telephone business office.
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City of Denton City Council Minutes
May 20, 1997
Page 6
council Member Kristoferson stated that the math indicated that the
intensity was out of compliance with a moderate intensity area.
Svehla replied that the proposed 1997 plan indicated this area as a
moderate intensity area. It would be very close in the calculations.
Mayor Miller stated that he would be voting against the amendm%nt. If
this were restricted to telephone business office and the company went
out of business, the building would remain unoccupied. Only allowing
one kind of business would limit the use of that building. He felt that
there were some other uses which might be compatible with the
neighborhood.
Council Member Cochran stated that one of the uses allowed would be a
residence. Some Council Members had indicated that a reason to vote in
favor of the request was that there was general retail already next door
to the location. He felt that that was a reason to not vote for the
request as it might give way to commercial all along that area. He was
concerned about increased traffic on University which already was bad.
Mayor Miller asked if the property could be used as a residence if the
zoning were restricted to one use as stated in the amendment.
Svehla stated that if the property was currently being used as a single
family residence, it would be non-conforming and could be used as such.
Mayor Miller stated that if the zoning were changed to general retail
with only a permitted used of telephone business office, the non-
conforming use would be lost.
Svehla replied correct that the property could then only be used for a
telephone business office.
Mayor Miller stated that he was not in favor of being so restrictive as
to not allow for any kind of reasonable use.
Mayor Pro Tern Brock stated that there could be a request at a later date
for other uses.
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Svehla replied correct.
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Mayor Miller stated that he went past that location several times a day
and did not see many cars on the property. The number of trips were
very small and would be less than the multifamily zoning which was
currently in place.
on roll vote on the amendment to restrict the use to only telephone
business office, Beasley "aye", Kristoferson "nay", Cochran "ave", {
Durrance "nay", Young "nay", Brock "aye" and Mayor Miller "nay". Motion
failed 3-4.
Brock motioned, Beasley seconded to amend the motion to remove group
home, private community center, and private swimming pool from the list
of permitted uses. On roll vote, Beasley "aye", Kristoferson "aye",
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City of Denton City Council Minutes f
May 20, 1997 '
Page 7
Cochran "aye", Durrance "aye", Young "nay", Brock "aye" and Mayor Miller
"aye". Motion carried 6-1.
On roll vote on the main motion as amended, Beasley "aye", Kristoferson
"nay", Cochran "nay", Durrance "aye", Young "aye", Brock "aye" and Mayor
Miller "aye". Motion carried 5-2.
11. The Council held a public hearing and considered adoption of an
ordinance rezoning 0.211 acres from the office (0) zoning district to
the Multi-Family 1 (MF-1) zoning district. The subject property was
located on the southwest corner of First and Elm Streets. (The Planning
and Zoning Commission recommended approval 6-0.)
Rick Svehla, Deputy City Manager, stated that this would change the
zoning from office to multifamily. There were only a few areas in the
proposal which were inconsistent with the Development Plan. Most of
those had to do with the half mile separation and site design. Because
the actual intensity was being reduced and the majority of the analysis
was consistent with the plan, staff and the Planning and Zoning
commission were recommending approval.
Mayor Pro Tem Brock asked if there would be a restriction on the number '
of allowed units.
Svehla replied yes bacause of the size of the lot. When multifamily was
built, there were parking requirements which generally restricted the
number of units.
The Mayor opened the public hearing.
Darrell Reid stated that there were only four units for the property.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
f NO. 97-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE OFFICE (0) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO THE MULTI-FAMILY 1 (MF-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.211 ACRES OF LAND
LOCATED ON THE SOUTHWEST CORNER OF FIRST AND ELM STREETS;
® PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR I®
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECPIVE DATE.
Cochran motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
May 20, 1997
Page 8
12. The Council held a public hearing inviting citizens to comment on
the City of Denton's 1997 Action Plan for housing and community
development.
David Hill, Director of Planning and Development, stated that the
Community Development Block Grant Action Plan for 1997 was set up for a
public hearing. Pending the outcome of the public hearing, Council
would be considering approval of the Plan at their next meeting.
Council Member Young asked why Triple "A" Choices was not on list for
recommended funding.
City Manager Benavides stated that the organization had submitted an
application but was riot recommended for funding.
Council Member Young asked to reconsider this organization.
Mayor Miller stated that Council was just receiving input from citizens
at this meeting. It would be up to Council during the budget process to
make changes.
The Mayor opened the public hearing.
Irma Jones stated that she was speaking on behalf of Triple "A" Choices
which did not receive funding. She was the coordinator of the UNT
Challenge Program which was a campus-wide substance abuse education
prevention and counseling program at the University of North Texas.
This program was primarily funded through student fees and supplemented
by the Department of Counseling and Testing. They had no operating
budget of their own thus the necessity for seeking additional funding
for the program. This program addressed four out of ten of the City's
most urgent needs of juvenile delinquency, drug abuse, crime and teenage
pregnancy. Triple "A" Choices was a year round after school proactive
substance abuse prevention program utilizing the University of North
Texas student athletes in partnership with members of the student body
who had been trained for twelve or more hours as peer educators. The
primary purpose of the program was to encourage UNT students and
students to exhioit Triple "A" attitudes regarding their academics and
• athletic pursuits and to empower UNT students and other students to make
Triple "A" Choices regarding the use of alcohol and other drugs. The
program was asking for $15,000 to start in October.
Council Member Young asked about a simiYar program started in Austin.
Jones stated that the program at Austin was started in 1991 with 737.
+ students the first year which had now grown to 1685 students. The 0 0
program had received national awards.
Council Member Kristoferson stated that this program would not be
operational until October.
Jones replied correct.
Council Member Kristoferson asked about their funding.
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Page 9
Jones stated that they were requesting $15,000 to fund a part-time
coordinator. They had received that funding through student fees. Now
they were needing funds to provide the operational side of the program
such as art supplies, books, videos, etc.
Council Member Kristoferson asked how these children were chosen.
Jones replied that the children were chosen voluntarily. They only had
to submit an essay or an art project to demonstrate the spirit of Triple
"A" Eagles making Triple "A" Choices.
Mark Bennett stated that he was a Denton County Friends of the Family
volunteer and a former client. He thanked the Council for the
recommendation to continue the present funding levels. He knew how
important this type of service was for the citizens of Denton. Friends
of the Family was a source of comfort and support for many in Denton.
He wanted to have his taxes used wisely and this agency would use the
funds very wisely.
Dorothy Damico stated that she had always been proud that the City put
money into human services. She felt it was important that the City did
not give charitable donations to non-profit ager.eies through the human
services grants. The City made contracts with non-profit agencies so
that they would provide services which were appropriate to city
government that the non-profit agencies could do more cost effectively
than the City. Over the years the agencies were able to do good things
for a number of people by providing help for the homeless, hungry, the
elderly, etc. Speaking on behalf of the Denton Covnty Friends of the
Family, she thanked the Council for its support of the agency. They
would put the money to good use.
Pat Kelly stated that she was speaking for the Special Olympics Program.
The program was a wonderful program for the students it served. The
council had supported the program in the past and she thanked them for
that.
Cheryl Sutterfield thanked the Council for past support for Denton
County Friends of the Family and for their recommendation to restore
• funding to the current level.
Sara Carey stated that staff should have provided Council with a more
recent funding status of her organization.
Council Member Beasley asked about that information.
• City Manager Benavides stated that the information would be given to e •
Council before any action would be take on this funding.
The Mayor closed the public hearing.
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13. The Council held a public hearing and considered and took action
regarding Marcus Cable rates for basic cable service, remote controls
and converters, and the hourly service charge.
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May 20, 1997
Page 10 3
Richard Foster, Public Information officer, stated that in accordance I
with FCC guidelines, Marcus Cable had requested an increase in their
rates. That increase would go into effect June 1st. The City was
certified to regulate the rates the cable compa>>y charged for the basic
level of service, for remote controls and converters and for the hourly
service charge. The rate for basic cable service was proposed to be
increased from $9.77 to $9.88 per month, the remote control from $.12
per mor.::h to $.16 per month, non-addressable converters from $1.01 to
$.95 any addressable converters from $2.43 to $2.57 and the hourly
service charge from $40.60 to $19.03 per hour. The cable ordinance
required a public hearing with proper notice.
The Mayor opened the public hearing.
Karen Yurchuck stated that Marcus had made improvements during the past
year in the cable service. They were trying to change their image and
provide quality service. Recent changes included the addition of four
new channels, increased options for premium services, added screens to
existing channels, some channels available in Spanish, an on-time
guaranteed appointment time fo: service calls and installation. New
phone lines were going to be installed and they were evaluating staffing
at peak times. A training program had been started for their customer
service representatives which required them to be certified by an
outside organization.
Council Member Cochran asked about the level of service most represented
by customers.
Yurchuck replied it was the broadcast basic level of service.
Mayor Pro Tem Brock asked about the percentage of Denton households that
had cable.
Yurchuck replied approximately 70% of the homes which had cable in the fE
area received the service.
Joe Dodd stated that no one loved the cable company. The aruount of the
rate increase was 'junk' change and the Council would probably grant
Y that increase. There was an error in logic in their basic lineup of
programs. TBS and WGN were in the broadcast channels but the basic
weather channel was not in basic. The cable company was required by the
franchise to produce 400 hours of local origination. If they were
producing all 400 hours, the City should give them the rate increase.
If they were only producing 300 hours, the City should reduce the price
$.10. If the cable company was only producing 200 hours, the rate
6 should be reduced $.25 and if th::j were only producing 150 hours, the G
price should be reduced by $.50. He felt the cable company was not
producing the 400 hours of loo.+. programming which the agreement
required.
The Mayor closed the public hearing.
Council Member Beasley stated that there was confrsicn regarding the
cable rates and the showcase rates and how much it was going up. It was
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City of Denton City Council Minutes
May 20, 1997
Page 11
her understanding that the showcase rates were not regulated by the City
- that it was regulated by the FCC.
Foster replied that that was correct. The rates for cable showcase were
regulated by the FCC. It used to be that subscribers who were unhappy
with the rates charged for that service would have to appeal directly to
the FCC to have rate looked at. That had changed within the last year.
Now if the City received more than one complaint following the rates
going into effect, the city filed on betalf of those subscribers with
the FCc.
Council Member Young stated that last week he received calls and letters
from citizens who opposed this rate increase. One letter stated that
the rates were increased 6% last year and this year they would be raised
for local access. He would be opposed to any raises but would agree
with a review of the rates. The people in his district felt that they
were not receiving services for their money.
Foster stated that there were several options the Council could
consider. Those included reviewing the rates, approving the rates or
taking no action in which case the rates would yo into effect.
Mayor Miller stated that a review of the rates would cost approximately
$3,500-4000. Under the rules, if the cable company's calculations were
correct, the rates would still remain in effect.
Foster replied correct.
City Attorney Prouty stated that doing nothing was really not an option
as the cable ordinance indicated that the Council had to make a written
decision after the public hearing. The Council had in the past passed
a resolution reading the rates. His recommendation was to consider a
resolution which incorporated what the Council wanted to do.
Mayor Pro Tem Brock stated that almost $1,000 was spent last year
joining the consortium of cities which surveyed the rates and as a
result some charges were reduced.
• Foster replied correct. The $1,000 represented approximately 12% of the
cost to the consortium.
Mayor Pro Tem Brock asked if the council could vote to take no official
action.
• City Attorney Prouty stated yes but in effect that was an approval of t
• the rate increase. The cable ordinance required the council to make a O
written decision on the request for denial, approval or change in the
rate increase.
Council Member Cochran stated that the cable company was asking for an
$.11 increase in the basic cable, a $.04 increase in remote control and
a large decrease in the hourly service rate. That was not a large
increase.
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Page 12
Cochran motioned, Brock seconded to approve the rates.
Council Member Young stated that he wanted to warn the citizens as the
costs wcro going up. Council was wiling to give a raise for anything
and this was just a start for the increases.
On roll vote, Beasley "aye'', Kristoferson "aye", Cochran "aye", Durrance
"nay", Ycung "nay", Brock "aye" and Mayor Miller "aye". Motion carried
with a 5-2 vote.
CONSENT AGENDA
Young motioned, Beasley seconded to approve the Consent Agenda and the
accompanying ordinances. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye',, Brock "aye" and Mayor
Miller "aye". Motion carried unanimously.
14. NO. 97-142
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02040 - Heavy
Equipment Mechanic)
15. NO. 97-143
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02041 - PVC Conduit
& Accessories)
16. NO. 97-144
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; !(i i
AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02042 - Traffic
Signs & Supplies)
17. NO. 97-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
• NO. 97-099 PRESCRIBING THE NUMBER OF POSITIONS IN EACH O O
CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF
POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING
ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE
EXTENT OF ANY SUCH CONFLICT; PROVIDING A REPEALER; AND
DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
May 20, 1997
Page 13
18. NO. 97-146
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING
OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND
RODEO BY TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON
BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH
FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST
SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY
DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF
DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET
CROM ITS INTERSECTION WIT!I CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA
DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN
STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
,ITEMS FOR INDIVIDUAL CONSIDERATION f
19. The Council considered adoption of an ordinance ..'ithorizing the
City Manager to execute a contract between the City of Deny m and Three-
K Construction, incorporated; authorizing the City Manager 1-o execute
any and all. documents necessary to consummate the purchase of real
property in accordance with said contract; and authorizing the
expenditure of funds.
Rick Svehla, Deputy City Manager, stated that this was a recommendation
from the Planning and Zoning Commission to acquire two lots using funds
from the Affordable Housing Program. This would help the City meet the
match needed for the HOME funds. After the lots were acquired, the
Affordable Housing Corporation would build homes on the lots and put
O them up for sale.
The following ordinance was considered:
NO. 97-147
PN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
® MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND
THREE-K CONSTRUCTION, INCORPORATED; AUTHORIZING '.•C CITY O
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH
SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS AND
PROVIDING FOR AN EFFECTIVE DATS.
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City of Denton City Council Minutes
May 20, 1997
Page 14
Young motioned, Brock seconded to adopt the ordinance. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously.
20. The Council considered adoption of an ordinance authorizing the
City Manager to execute a commercial lease agreement between the City of
Denton and Hanger 10 Flying Museum for approximately 32,400 square feet
of property located at the Denton Municipal Airport, With Options on the
lease of additional property comprising an additional 64,800 square
feet.
Linda Ratliff, Director of Eccnomic D<:velopment, stated that currently
the museum was operating out of a hanger at the Airport. They wished to
expand their operation and asked that the City provide them with a
lease. They wera asking for some forgiveness up-front on the lease of
$.10 off of the lease price and would add that on to the last 17 years
by increasing the lease amount by $.03. As a result, the City would
receive the same amount in total but allowed the non-profit organization
to build their hanger.
The following ordinance was considered:
NO. 97-148
AN ORDINANCF. AUTHORIZING THE CITY MANAGER OF THE CITY OF
DENTON, TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN
THE CITY OF OENTON, TEXAS AND HANGAR 10 FLYING MUSEUM FOR
APPROXIMATELY 32,400 SQUARE FEET OF PROPERTY LOCATED AT THE
DENTON MUNICIPAL AIRPORT, WITH OPTIONS ON THE LEASE OF
ADDITIONAL PROPERTY COMPRISING AN ADDITIONAL 64,800 SQUARE
FEET; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Beasley seconded to adopt the ordinance.
Council Member Durrance felt that this would be a great addition to the
city and to the Airport.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
t "aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
21. The Council considered adoption of an ordinance authorizing the
City Manager to execute an agreement for professional services between
the City of Denton and Deloitte and Touche, L.L.P. for independent
audits.
4
Susan Croff, Internal Auditor, stated that this was a recommendation
from the Audit Committee for this agreement. The agreement spanned a
three year period plus an option for two additional years. The hudit
Committee based the recommendation on information given to then by four
raters on four criteria.
The following ordinance was considered:
1
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City of Denton City Council Minutes
May 20, 1997
Page 15
NO. 97-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE LLP FOR
INDEPENDENT AUDITS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
22. The Council considered approval of a resolution approving a right-
of-way use agreement between the City of Denton and Joseph E. Cripps.
Denisha Williams, Main Street Manager, stated that the owner of the
building at 207 N. Elm wanted to use the second and third floors of his
building. In order to do that, a fire escape was necessary as an inside
staircase was not feasible. This fire escape would be on City right-of-
way. Granting this agreement would enable the owner of the property to
its fullest and would not harm the City right-of-way.
The following resolution was considered:
NO. R97-022
A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN
THE CITY OF DENTON AND JOSEPH E. CRIPPS; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Young seconded to approve the resolution. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller 'lave". Motion carried unanimously.
23. The Council considered approval of a resolution authorizing the
City Manager to execute an agreement between the City of Denton and the
Texas Natural Resource Conservation Commission (f.N.R.C.C.) granting a
a license to the Texas Natural Resource Conservation Commission for an air
pollution monitoring station.
Linda Ratliff, Director of Economic Development, stated that currently
the TNRCC had an ozone monitoring station at the north end of the
Airport. The TNRCC requested to move the station to the south end where
no buildings would effect the monitoring.
The following resolution was considered:
NO. R97-023
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION (T.N.R.C.C.) GRPNTING A
LICENSE TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
7 1 7 77 1 , 7,
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City of Denton city council Minutes
May 20, 1997
Paqe 16
(T.N.R.C.C.) FOR AN AIR POLLUTION MONITORING STATION; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to approve the resolution. On
roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
24. The Council considered an appointment to the Board of Directors of
the Upper Trinity Regional Water District.
City Manager Benavides stated that Bob Nelson, Executive Director for
Utilities, was currently the City's representative to this Board. Staff
was recommending to continue with this appointment.
Brock motioned, Cochran seconded to reappoint Bob Nelson to this Board.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
25. The Council considered nominations/appointments to the City's
Boards and Commissions.
Council Member Beasley nominated Ceri Aschenbrerner to the Keep Denton
Beautiful Board.
Mayor Pro Tem Brock nominated Jim £ngelbrecht to the Planning and Zoning
Commission.
26. Miscellaneous matters from the City Manager.
City Manager Benavides stated that at the Council's next meeting they
would be receiving a briefing on appointments to the Boards and
commissions.
27. There was no official action on Closed Meeting Items discussed
earlier.
• 28. There were no items of New Business suggested by Council Members
for future agendas. `
29. The Council did not meet in a continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 9:45 p.m.
• JACK MILLER, MAYOR • •
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC0038A ~l
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Agenda No, 97 ~03
Agenda Item S
Date
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CITY OF DENTON TEXAS MUNICIPAL BOLDING • DENTON, TEXAS 76201 • TELEPHONE (817) 568-8307
Orrice of the City Manager
CITY COUNCIL REPOkr
TO: Mayor and Members of the City Council
FROMs Ted Benavides, City Manager
DATES August 5, 1997
SUBJECTS Request For Exception to the Noise ordinance for '.he
Inter-Agency Youth Planning Committee Pool Party on
August 12, 1997 at the Civic Center Pool from x:00 p.m.
until midnight.
BACKGROUND
The Inter-Agency Youth Committee waa formed to address the needs of
teens ages 14 - 17. The group is requesting an exception to the
noise ordinance for a pool party that will take place ac the Civic
Center Pool from 8:00 p.m. until midnight. Activities will include
dancing, Hoopla basketball, volleyball and a jousting game
(Attachment 1.)
As you know, the noise ordinance declares loudspeakers, amplifiers,
and mu.,rical 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
-xceptions when the public interest is served.
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED:
Area residents.
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Fiscal Impact:
None.
Please advise if I can provide additional information.
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'Wicate1 to Quality Stroke"
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RESPECTFULLY SUBMITTED:
Ted Benavidea
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
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Betty illiams
Assistant to the City Manager
Attachments: 1. Request from Janet Simpson
2. Noise Ordinance
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING • 215 E MLKINNEY • DENTON, TEXAS 76201
(8171566-8200 • DFW METRO 434-2529
MEMORANDUM
TO. Veronica Rolen
Administrative Assistant 11
FROM: Janet Simpson
Superintendent 6surc Services
DATE: Jul) 18, 1997
RE Exception to Noise Ordinance at Civic Center Pool
- I
The Inter-Agency Youth Planning Committee was fo,med by the Denton Police Department and
Juvenile Diversionary Services this summer to address the needs of teens age 14 - 17 . The
committee currently includes representatives from the Police Department, Juvenile Diversionary
Services, Parks and Recreatior, Boys R Girls Clubs, Denton Housing Authority, Community
Development, Denton County Juvenile Probation, DISD, UNT, TWU, Communities in Schools
and United Way.
In June and July two meetings were conducted with 57 (totall teens to plan a summer hack to
school ewes t, future after school programs, and the formation of a Teen Council. The teens are
planning a Pool Party an Tuesday, August 12, 1997, at Civic Center Pool from 8:00 p.m. -
• midnight Activities inside the pool fence will include swimming, live D.J., dancing, food and
drinks. Activities located in the park between the Senior Center and pool will include Hoopla
basketball, volleyball and a jousting -ame. A poWon t,F the circle drive and the parking lot
between the paol and the Senior Center will be barricaded for the event.
Since music will be played until midnight, an exception to the noise ordinance is requested. l
• Staff will remain on site until 1:00 a.m. to clean up equipment.
I
Please contact my office at 349-8274 if you need additional information.
lxpjn nwmil nuis
"Dedicated to Qua fio- Sen•ice"
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Chapter 20
NUISANCES'
Art. I. In General, 11 201-20.30 '
Art. 11. Abandoned Property, 11 20.31-20.70 ,
Div. I. Generally, It 20.31-20.40
Div. 2. Motor Vehicles, 11 20.41-20.70
Art. III. Grow and Weeds, 1120-71-20-73
ARTICLE I. IN GENERAL
Sec. 20.1. Noise.
at it shall be unlawful for any person to make or cause any unreasonably loud, dis-
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
b) it shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities. I
,c) The following acts, among others, aze declared to be noise nuisances in violation of this
Code, b-it such enumeration shall not be deeded to to exclusive:
11 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 7 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 residence;
Z The use orany stationary loudspeaker, ampUller or musical instrument in such manner
or with such volume as to annoy or disturb persons of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 1000 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 council may make excertions upon
application when the public interest will-be served thereby;
1
:31 The blowing of any steam whistle attached to any stationary boiler or the blowing of ,
any othar loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger,
4l The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7.00 a.xt. and 8:30 p.m., Monday through
® 'Crow referan:a-Protected migmtory bird rooetsdeclared nuisamc 1647; inspection I~ p
and abatement warrants, 1 19.86 at seq.; insect and rodent control in mobile home and rec-
reational vehicle parks, 13211.
Sapp. No. 1 1389
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120.1 DENTON CODE
Saturday; provided, however, that the city council may issue special permits for such
work at other bours In case of urgent necessity and to the interest of public safety and
convenience; ise in
un*
i51 The creation
of &nY vehicle loud gLnd excossive no
or he opening or destruction of bales,tboxess,lcratesgorrcon-
loading of any y v.
tamers;
the purpose of
(6) The use of any drum, loudspeaker or other instrument or device for
attracting attention by the creation of cokes to any "rformutce, show, theatre,
motion picture house, We of merchandise o: display which causes crowds or people to
block or congregate cpoa the sidewalks or streets near or adjacent thereto.
(Code 1966, If 11.20, 14.21)
Cross reference-Animal noise, 16.26.
Sec. 20.2, Odors.
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
t,;,pieasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities In the imruediate vicinity therect
(b) It shall be urdawful for any person to create or cause any odor, st,.,ncb or smell of such
character, strength or continued d~Ni o n s to su alto tially nterfers with the comfortable t D
enjoy -tent of private homes by pe
(c) 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:
(1) Offensive odors from cor lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
12) l :ansive odors from privies and other similar placer
(3) Offensive odors from the use or poseassion of chemicals or frota industrial processes or
activities which disturb the comfort and repoee of persons of ordinary sensibilities;
r
Offensive odors from smoks from the burning of trash, rubbish, rubber, chernicab or
other things or subetancea;
O ant pool@ allowed to remain on any pnmisn or from
tS) O tttag rotting g garbaorlogen, rreeflmw ~or dead animals on any premises.
rot
(Code 1966, 11 14-22. 1423)
Sec. 20.3. Garba&, trash and rubbish nuisassm-Generally.
• (a) Sloring or keeping gorbW, trash and rubbish. The storing or keeping of any and L .
O 0
clacks, heaps or piles of old lumber, refuse, Sunk, old can or machinery or parts tereof
garbage, trash, rubbish, scrap matorW, ruins, demolished or partly demolished structures
street
buildings, piles of stones, bricks or troken rocks on any premim bordering any public
I
1390
Supp. No t
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Agenda No. 7 ~'G-33
CITY COUNCIL REPORT Agenda Item
Date- f " V
TO: Mayor and Members of the City Council
FROM: David Hill, Director of Planning and Development
DATE: August 5, 1997
SUBJECT: Hold a public hearing and consider a Specific Use Permit for the purpose of a
governmental office, yard and shop for the Denton Independent School District.
The 10 acre tract Is located on the east side of Mayhill Road, South of Mills
Road. (Z-97-018).
RECOMMENDATION;
The Planning and Zoning Commission recommended approval of the specific use
permit request (7-0) at its meeting on July 23, 1997.
SUMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Not applicable.
FISCAL IMPACT:
None.
Please advise if I can provide additional information.
RESPE FULLY SUBMITTED,
Rick Sve la
Deputy City Manager
Prepared by:
Donna Bate an
0 Senior Planning Technician
i
Approved by:
0 9avid M. Hi11 0 O
Director of Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Draft Planning and Zoning Commission Minutes from July 23, 1997.
Attachment #3: Ordinance.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
To: Mayor and Members of the City Council
From: Planning and Zoning Commission
Date: August 5, 1997
Subject: Z-97-018
GENERAL. INFORMATION
Applicant: Russell Bates
1300 N, Locust
Denton, TX 76201
Owner: Denton Independent School District
1307 N. Locust
Denton, TX 76201
Action: Request approval of a Specific Use Permit to allow for
governmental offices, a maintenance shop and a warehouse In
the Agricultural (A) zoning district.
Location and Size: The subject property consists of a 10.0 acre tract located on the
east side of Mayhill Road, south of Mills Road.
Surrounding Land Use and Zoning:
LOCATION ZONING LAND USE
North: Agricultural Single Family & Vacant
South: Agricultural Single Family $ Commercial
East: Agricultural Ryan High School, Single Family
West: Light Industrial & Single Family & Commercial
Agricultural I J
Denton Development Plan (DDP): Low Intensity Area #55 (91% allocated).
SPECIAL INFORMATION '
The subject property is not platted. The property will need to be platted prior to any
development. Issues that will be addressed during the platting will include the construction
of sidewalks, perimeter street Improvements, drainage, extension of water and sewer lines,
• and installation of fire hydrants along the property and on the site.
O O i
BACKGROUND
The subject property was zoned Agricultural with ordinance 89-001 at the time of its
annexation on January 5, 1989. A "public building, shop, or yard of a local, state or federal
government" is not a permitted use in the Agricultural zoning district without an approved
specific use permit.
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NOTICE
Fourteen (14) property owners were notified of the request on July 10, 1997. Three reply
forms have been returned in favor, two have been returned in opposition, and one has been
returned undecided.
ANALYST
The table below will provide a summary of the Denton Development Plan related anaiysis for
this project:
Denton Development Plan
Policy Analysts Summary
Low Intensity Area
Owelopmwt Plating vs. Policy
POLICY COMMENTS Significantly Scn»whd Consistart
Inconsistent Inconswent
Allocded Intarnsty, twisting toning)
600 trips per sore
Actual Internty (proposed toning) -
650 tripe per acre
To be ccnslstsnt wth the Plan, a The ov.r aliocation is significantly less
Ltvetopmernt should not exceed its with a Specific Use Pwmt (650) than If x
allocdsd kdanu Ny, the toning wars clanged to allow for the
proposed use and all other comnwcW
uses (1,500), Since the proposal Is still
over the dlocded arnourd (600), Vet less
wNh s spsctlc use parmd, the rigurss are
somewhat inconsistent
Strict Me plan control whin 1,600 fad of There ere rask eMid propMws ed)acerd
MdEt✓ng low donsly rnidentwo. to the subject property. Howevw, wish x
the SUP, the site plan win be rev'iswW,
Traffic design to wnurs thud Mult-FamUy
or Noniiesdedid users have access to The subject property fronts on Mayhlll x
coiloctors or lwgw arlwlals with no direct Road, a secondary orlarid.
lactose through residwdid slrea s
The park plan Is voluntary , The
Sutrclart green space, recradbnal loci canon d an easome t for a
facilities and diversity of parks are ddeniion pond to be "Cod will x
providedprovide open specs. but N not trdenderd
for park use
Input Into planning by neighborhood A neighborhood mastirp was held on x
associations and councils Is encouraged. July 16. 1997,
Neighborhood service chew is Not proposed. r
wxouraged.
Other govarnrrwntd bulldwvs ad)atert
Separation within 112 mile include Ryan High School x
and the bus berm
• Any form d cordvwous strip commotcial `
devaloprrwt is strongly discouraged in Not Proposed. x •
or riser low Fdanaity are"
Topography The topogrephy d the land would not x
interfere with adjl l proWl",
. ....awre►ti~a~+~iY~r~r'ry~'r'~,+'."'~.'rT""~"'~~~a6llr rw+-.+rrw.n+'.r.'+- .n
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Low Irsenssy Mee DrRrwd The p lmary purpose of these areas is to "we the orwan land useNaruportation balance by
conbclIN the ovwall dw%sity and Wavelty. Furfiw, these areas represert primary housing areas in the City of Dvvlon. Thus, these
areas should emphasize residennid use inetead of a mbdure of residential and nonresidential.
Section 35.112 of the Zoning Ordinance states that a specific use permit shall be issued
only if all of the following conditions have been found:
1, That the specific use will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within
the immediate vicinity; j
The adjacent uses consist of both single family as well as commercial. Based {f
on the Information reviewed by staff, property values are not anticipated to be
decreased. With the extension of necessary water and sewer lines, along with
road Improvements, the value of adjacent properties should Increase with the
availability of public services.
Although the fact that three governmental buildings will be located within 112
mile of each other constitutes Inconsistency with the Denton Development Plan,
this may not be as problematic for governmental uses as it would be for
commercial uses that this policy Is Intended to address,
2. That the establishment of the specific L'se will not impede the normal and orderly
development and improvement of surrounding vacant property;
The existing development in the area is primarily single family and
commercial/retail uses which developed prior to the property being annexed Into
the city limits In 1989. Due to the close proximity to the Loop, along with
adjacent Light Industrial zoning, this project should not Impede normal or orderly
development.
3. That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided.
All utilities have been, or will be, provided to the site. As part of the platting
process the applicant will be required to make, or provide funds for, public
Improvements. This will Include the repair and/or enlargement of access roads
o as well as stormwater drainage facilities. The applicant Is proposing a detention
pond along the southern portion of the property. The Engineering Department Is r
currently working with the applicant's engineer for design standards.
or the construction of a street to the north of this tract that will transport _
LDriveways have been allocated in the 1998.99 Capital Improvement Program (CIP) to
e rom Mayhlll Road to Loop 288. p •
sign, location and arrangement of all driveways and parking spaces provides
safe and convenient movement of vehicular and pedestrian traffic without
ly affecting the general public or adjacent developments;
meet Chy of Denton requirements for design and location. More than
•
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the required number of oft-street parking spaces have been provided.
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
All buses that are parked at this facility are powered by propane Instead of
gasoline. Propane used for the buses Is not stored on this property. Buses
parked on this property will be awaiting maintenance work and/or other repairs.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
All exterior lighting will be directed towards the building and no lighting along
property lines will exceed fifteen (15) foot candles. Staff will discuss this further
at the meeting.
7. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
To allow for construction of a detention pond the applicant will need to remove a
number of trees along the southern end of the property. The school district has
informed staff that now trees will be planted to ropiace any trees removed. All
other sections of the Landscape Ordinance will be adequately met.
Division 4 of Chapter 35 allows for additional conditions to be placed on the property that
the council may feel are necessary to protect the public interest and the welfare of the
community.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ALTERNATIVES
1. Approve as recommended.
2. Approve with conditions.
3. Deny the request.
4. Postpone consideration.
ENCLOSURES
1. Location Map
2. Zoning Exhibit.
3. Proposed Site Plan.
4. Uses permitted In the Commercial Zoning District
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ENCLOSURE 1
Z-97018 a mom o
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ey- ® SITE PLAN (J 2
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SITE PLAN
~y^s, LOr % KOCI A
_ q - 0150 Hey Wl ~50r wce L-'~J
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cmmrraia. District ma. Cammaralal District faontieuadl
EE g(l1TTED OBLBt Recreational end entertainment Uses
Amusement, Commercial (Outdoor)
Prinari Residentie? Dae• Amusement, Commercial (Indoor)
One Family Dwelling Restricted Country Club (Private) with Golf Course
Community Unit Development Dance Hall or Might Club
Dormitory, Boarding or Rooming House Fair q round or Exhibition Area
Hotel or Motel Public Golf Course
Commercial Golf Course
Educational. Institutional 6 6oaaial Uss Public Park or Playground
Public Play field or Stadium
Art Gallery or Ruuum Rodeo Grounds
Roller or Ice Skating
Cemetery or Mausoleum sexually Oriented Business
church or Rectory college or Vniwrsi [y of Private school 6taDL, Private Club
Community Center (Public) Stable, Commarcial Rental
Da Cam Stable, Boarding
Day Ku teary or Kindergarten School Swim or Tennis Club
Grose; Romeo Theater, Drive-in
Haltva" House Theater, other then Dx1ve-in Type
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (General Acute Care) Tran.oortatl e6 R.deted Uau
Hospital (Chronic Care) Airport landing field or Heliport
Institutions of Religious or Philanthropic Nature Sus Station or Terminal
Public Library Hauling or 6tor age Company
Monastery or Convent Mot 0r Freight Terminal z
Nu Wing Home or Residence Home for Aged Railroad Freight Terminal n
cc ca sienal Sales Railroad Passenger Station r
Park, P1 By round or Public Comnunity Center Ra ilread Track or Right-of-Nay 0
School, Private Primary or Secondary Railroad Teem Track Ln
School, Public or Denominational Truck Parking Lot C
School, Business or Trade Commercial Parking Let or Structure
Ut1t4.Ly. A6caasorv end Incidental Use■ S~ m Date Ee 1 ■ Vs ea
Auto Laundry A
Accessory Bulldlnq Auto Painting and Body Repair
Community Center (Private) Auto Gsles and Repair (In Building)
Electrical Substation Gasoline Service 6ration
Electrical Transmission Line New Auto Parts sales stores
Temporary Field or Construction Office (Subject to Approval and Now or Used Car Calls Lot (In Open)
Control Dp Building Inspector) Seat Cover and Nu f flair Installation Shop
Fire Station or Similar Public Safety Building Tire Retreading or Capping
Gas Transmission Line and Metering Station Used Auto Parts Sales (In building)
Home Occupation
• Off Street Parking incidental to Main Use Retail and Reryiea Tvna Uu■
Off Street Rrmote Parking Antique shop
-#_publ(e Bulldinq She , Yard of Lout,. State or Federal Government4 Bakery or Confectionery Shop (Retail)
_ _ c a I taria
Sewg DadmgeStion klcrovav_e-lover -
Sewage Pumping Station Cleaning and Prase inq Small Shop and Pickup
Private 6wlrming Pool Custom Personal Service Shop
Telophona, Business Office Drapery, Needlework or Waving Shop
Tale prone Line and Exchange Switching or Paley station Florist or Gordon Shop
Water Reservoir, Water Pumping Station or Mall Greenhouse or Plant Nursery (Retail)
Water Treatment Plant Handicraft She
Household Appliance Service end Repair
• laundry or Cleaning Calf Service O
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C sma ei al Disteie! IcontlnusQl Co-,srefal District 1contiDUed1
pit ail a d erv is Tti-•Ss Linuedf Utility. > esaory and racld Ante: Uses
Electrical Generating Plant
Mimeograph, stationery or Letter Shop Private Utility Shop or Storage Yard
Mortuary or Funeral Parlor Savage Treatment Plant
Dffloes, Professional and Administrative
off Premise Sale of Beer end/or Wine eial and Ente taSnm ! Uses
on Premise Sale of Beer and/or Mine Drag Strip or Commercial Pacing
Licensed Private Club Go Cart Track
i
Pawn Shop
AgzlculturAhyyL ((La
Restaurant
Retail Stores and Shops - 4,000 square feet or less Animal Pov nd (Public or Prlvat e)
Retail Stores and Shops - over 1,000 sare feet Commereial awes+•s
Studio for Photographer, Musician, Artqquuist or Health
Secondhand Store, Used Furniture or Rummage Sete fUa Market
Tool or Trailer Rental B>twral-1121OUXOa Storage and Fxtraetimn
Extraction and Storage of Sand, Caleche, Stone, clay or Gravel
Lq rlcultursllYpe Uses
Animal Clinic or Hospital (no outside runs or pone) Special F d. t i 7 processes
Animal Clinic, Hospital or Kennel (With outside runs or pens) Temporary Asphrlt yr Concrete Patching Plant
Nix nq and Sala of Concrete
ram or Panch
Greenhous■ or plant Nursery A1r> RBDUSaEMT.I('TmI
Hatchery, Poultry
Comm,rcUj Tl.pa Uj12 rloor/Area RA'io 7i1 Maxlmur j
Sakcry (%holesals) YAAa AzotlL11B6}(j'1l
Balir"ng Material Salem Front Yordl Minimum 75 feet.
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (Commercial) bids Yard: No side rd In specl tled for non-rae lde ntlal use
Claanleq Plant, Bags or Carpets (Spec LAI Equipment)
Clothing Manufacture or Light Compounding or Fabrication except are • non-r indent Sal use abuts upon m
from
Contractors Slop and Storage 'lard a alatrlet bo residential street, dline istrict or dividing vhc•, c% + side ide districts
yard is
Engine and Motor Repairing s ee ' to the rtre 1, In vAi ~ -'nt s Lon (10)
Feed Store foot oot side yusd atoll be provide,
.
H navy Machinery Salem and Sto ro
Job printing or Newspaper Printge
ing Rear Yardl No rear year is speelfled for non-romidentlal to
Iaundry Plant (Commercial) except where retail, commercial or ir.duetrlal uses
Milk Depot, oaf ry, or Ice Cream Plant Sack upon point shop a common district line, whether separated
Plumbing Shop by an alley or not, dividing the district froa any
plu
Plmbng or Research Lab or else ri a■ of the residential districts listed, a minimum of
Scientific
Storage and Sales of Furniture or Appliances (outside a Building) ten (30i [ot shall be provided.
6 to rage or Sales Warehouse P;Bm ■edmL•ugu
• Trailer Rental or Sales Twenty (7 stories, except ■s noted In special setback
wholesale Storage and
ample Baggage Terminal require fo or t.ll structures e ever throe (7) atiries.
Wholesale office ar.l Sample POOm
p rpvl2TrD tlb1~9 MjT$~EP80$d3LlPlc37SL' Jll1LPSBBISI 6DPYLtRBM1L 1POUL SIOMa,
pct cy as+la.ntisl Usa 1. Parking (Based on use. Sea Article 71-111.1
2. Big"
Trailer Camp or Mobile Home Park 4F. Lighting
. fendecapinq
Lducatlonal institutional ~.spfclll-17111 S. Sore nSnq S fencing
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Frattrnlty, Sorority, Lodge or civic club
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Panning and Zoning Minutes ATTACHMENT 2
Rly 23, 1997
Page 3
Nis. Schertz: Is there any discussion? Seeing none, all in favor please raise your right
hand. Motion carries. (7-0)
VI, Consent Agenda:
The following items are recommended by the staff and approval thereof will be strictly on
the basis of staff recommendation. Approval of the consent agenda authorizes the staff to
proceed with each item in accordance with the staff recommendation.
a. Consider the amending plat for Deerwcod Estates Phase III. The subject property
consists of 12.9 acres, is in the Single Family- (SF-7) zoning district, and is located
at the northwest corner of Kings Row nd Farris Road.
Mr. Engelbrechi: Move to approve consent agenda.
Mr. Moreno: Second.
Ms. Schertz: Any discussion. Seeing none, all in favor please raise your right hand. r
Motion carries unanimously. (7-0) it
VII Ilold a public hearing and consider a Specific Use Permit for the purpose of a `
governmental office, yard and shop for the Denton Independent School District. The ? I
acre tract is located on the east side of Mayhill Road, south of Mills Road. (Z-97-018)
Ms. Schertz: Read public hearing rules and procedures.
:GIs. Bateman: Good evening Madam Chair and members of the commission. The request
before you tonight comes from the Denton Independent School District for a combination
maintenance facility, warehouse and office complex. The reason it is before you tonight
as a speciic use permit and not an actual rezoning is for a number of reasons. With
specific use permit it is an authorization for that specific use. According to our zoning
ordinance specific use permits are required for all public facilities for local, state and
federal governments in all zoning districts below a commercial zoning district. So the
Denton Independent School District had the option to either request this specific use permit
o which is before you tonight or request a rezoning to a straight zoning district and the most
restrictive zoning district where they would be able to have this by right would be in the
commercial zoning district. This is a sample listing of some uses that would be pemiitte4 r
also in the commercial district. As you can see there are quite a few commercial related
uses. That is the reason for the specific use permit. Another option they would have had
would have been to go with the Planned Development. Planned Developments are a lot
6 like Specific Use Permits in the sense that they have to each do a site plan and each go
before the Planning and Zoning Commission and the City Council for approval. With this O O
they could have also gone with the Planned levelopment but the Specific Use Permit is
ona that didn't require an actual rezoning. It's allowed in the Agricultural district. It's
similar, it follows the same process as the zoning, but 1 just wanted to let you know it's
not the same as a Planned Development. The property is not platted and the school district
is in the process of going through the process of platting the property and there will be
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Planning and Zoning Minutes
July 23, 1997
Page 4
several piiolic improvements that are associated with the platting of the property. The
property was annexed into the city in 1989 and given the Agricultural zoning district at that
time. Fourteen property owners were notifled on July 10th. We have received three reply
forms in favor, two have been returned in opposition and one has been returned undecided
or no comment as far as no actual circling stating what their view point is. I want to go
over page fourteen for you a little bit as far as the analysis. The ones I mainly want to
touch on are the ones that are in the areas stated as somewhat inconsistent or significantly
inconsistent. The first one that is under the somewhat inconsistent is the intensity
allocation and as you can see the current existing allocation on the property is 600 trips per
day and with the proposed specific use permit it would be 850 trips per day. But if it was
rezoned to a straight commercial that would allow this use it would be 3500 trips per day.
So that is why it is in this classification as it is greatly reduced by doing a specific use
permit versus going with a straight zoning, The second one regarding sufficient green
space. I wanted to remind everyone that the park plan is voluntary and you see the
southern portion of the property is a storm detention pond is what is proposed and even
though the green space or park policy is voluntary that is being dedicated but will not be
intended for an actual park use. The third one regarding separation. The adjoining
governmental buildings include Ryan High School as well as the bus barn. On page fifteen
starts a list of criteria, one through seven that must be met in order for a specific use
permit to be granted. 1 wanted to state that staff has found that all conditions or all criteria
can be met or have been met. In criteria number six regarding the lighting. With this staff
is in agreemet:t that no lighting should be carried over the property line, should be directed
towards the building and a number that was given as the fifteen foot candies. To give you
an example of what fifteen fool candies would be, you would be looking at like a full moon
outsid: at night is a fifteen foot candle. There are a number of trees that will be removed
with the creation of the detention pond and those will be taken care of as far as during the
pla±.'ig process that is an issue that will be addressed as well as the drainage in the area.
'i:r are all platting issues and we do plan to address them prior to bringing the plat
before you. I will be happy to answer any questions.
Nis. Gourdie: And the trees, they will have a buffer. You are going to somehow take care
of making sure that it's not an intrusive looking building.
• Ms. Bateman: I believe the applicant can add to that some more. Our understanding is
at this time that just minimal amount of trees will be taken out for the creation of the
detention pond and they will supplement that. And again they can address that further.
Nis. Gourdie: And you also said something about there would be many improvements at
the opening of your talk to us. You said something about there would be improvements
• to what was going on. Could you tell me what those improvements were that you were
speaking oft • •
Ms. Bateman: The public improvements that are associated with platting would include
on page 13 under the special information. Perimeter street improvements, construction of
sidewalks, drainage, extension of water and sewer lines, and installation of fire hydrants
along the property.
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Planning and Zoning Minutes
July 23, 1997
Page 5
Ms. Gourdie: Thank you.
Nis. Schertz: At this time we would ask the petitioner if they would like to address the
podium please. Please give your name and address.
Mr. Bates: Madam Chairman and members of the commission, my name is Russell Bates,
1300 North Locust. I am the architect for this project. I would like to say we had a
neighborhood meeting and we addressed the concerns of people who turned in negative
responses. One of the things they were concerned about was the fact that they didn't really
understand where we were going to build this particular building. They had received a
shaded in area showing our entire property and they assumed that was going to be covered
entirely by building and that was not to be the case. That was part of their concern and
I think we addressed that and they were very happy and 1 don't think they are here tonight.
One of their concerns was the buffering and the people that were concerned were in the
quadrant down in the lower left right hand corner. And one of the things I pointed out to
them that they are on top of the hill and we have come in our property and pretty well
gone to Mayhill as far as our finished grades. We will be approximately 24 feet below
their elevation of their houses. So they'll be sitting on top of a hill looking down on top
of us. We won't be on top of them in the other way. There is a large expanse of trees
that will run along the south property line and along the east property line, we intend to '
save all those trees we can. The front yard landscaping we have right now, we exceed the
landscape ordinance requirements by about 40%, so we are going to meet all the
requirements. We exceed parking by a considerable amount than what is required by the
parking ordinance. So everything we meet and exceed. As far as the building, it will not
be a metal building. It is going to be a precast concrete building and we think it is going
to be a nice addition to this area. We've also kept the noisy area or the dirty area, for
want of a better word, towards the east side, which is to the back of our property. To the
north is our loading docks. Mr. Stout owns that property up there and we have met his
requirements. In fact he has requested that we don't put a solid fence across his property
line, a chain link fence would be satisfactory with him. I think we have addressed most
of the issues of the neighbors and they have been happy with what we brought them and
we think it is going to be a benefit to the citizens. They were concerned about traffic.
One of the things this will do for us is the campus of Ryan, we have a road that will go
• on the north side and that will tie this in with our bus transportation and the Ryan Camels.
So we can circulate in our own campus for a lot of things and not have to go out on
McKinney Street or down to Mill Street. So we are going to alleviate some of these
problems. I think on the issues they were concerned about was traffic, they didn't have
knowledge that there would be a new street, an east-west street going from Mill Street to
Loop 288 that will be south of Russell-Newman. That will be a controlled intersection
• with lights. So we can assume that possibly that would relieve some of the congestion and
problems that we now see on East McKinney Street. All these things, we have brought O •
to their attention, we have done our homework and there are still things that are still being
determined by the platting process and these will be addressed. I will be glad to answer
any questions.
Nis. Gourdie: Just curious, the people who will be at the top of the hill, what will they
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Planning and Zoning Minutes
July 23, 1997
Page 6
be looking down at? The top of your building, or will they be looking at windows or will
they just be seeing nice trees?
Mr. Bates: We've got planting areas even on the north side. We are going to save all the
trees that we can....
Nis. Gcu,die: I was just curious, when you are higher than the building you usually see
the air conditioners and the water and tree leaves.
Mr. Bates: The people to the north are approximately three to four feet higher than we
are. It's the people to the south. There will be so many trees in that area that they will
never see our building. But if they should, maybe in the winter time, they can look down
on us. They will see the top of the building. But there is no noise back into where these
people live right now. It is very sparsely populated there. There are just two people that
live there now.
Ms. Gourdie: Thank you for looking into that and working with the people, that's
wonderful.
Nit. Bates: D1SD normally is very susceptible to criticism as most government entities are
and I have found out they have been more than fair as far as trying to work with these
citizens, providing more than what is the minimum requirements and still be concerned
about budgetary cost.
Mr. Moreno: We had two replies that were returned in opposition, you met with both of
those property owners.
Mr. Bates: Yes sir.
Mr. Moreno: They haven't actually withdrawn their opposition have they or did you just
come to a better understanding.
hit. Bates: They came to the meeting. And that is why 1 said they had some
• misconceptions. One of the ladies thought we were going to condemn her property and
we didn't intend to do that at all. The other was concerned that we were going to build
right up to their property. And that is not our intent. In fact when they saw our site plan
and saw the building and the location of where we put our building, that really took care
of their fears. And the property owner to the south is one that replied in a positive form.
These people are back. They hadn't seen the site pla n and they had an opportunity to took
at it.
Mr. Moreno: Nis. Bateman, we are not any where near the twenty percent rule are we?
Ms. Bateman: No.
Mr. Moreno: Ok.
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Planning and Zoning Minutes
July 23, 1997
Page 7
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Mr. Engelbrecht: Mr. Bates, I know the school district is growing, that has been one of
the big things. Will they have the capacity here to expand in the future as they grow?
Mr. Bates: We are showing areas that are dotted in for possibly future expansion just
because we are SUP. Even though we are not getting into the detention pond, we don't
anticipate doing any more than that. There is additional land that they would have on the
other side of campus if they had to expand.
Mr. Engelbrecht: So they are going to be able to expand in this location for a while
without.....
Mr. Bates: We anticipate. This is just basically consolidation, this has been on the books
for quite a few years, even when they master planned Ryan is to get the bus transportation
...As you probably know transportation and the service center was over on Linden Street.
We are to move these. We have to move the service center itself because we have to build
a softball field. We have to build one at Denton High School because we have one at
Ryan. They have to be equal. So that is where the new softball field will go. In fact it
is going out for bids today.
Mr. Engelbrecht. Do you have any sense of how much they will be able to expand here,
30`x:, 40`70?
Mr. Bates: I can show you on the dotted areas there on my site plan where I anticipate,
even then I am not getting back to people who had concerns.
Mr. Engelbrecht: I didn't see the dotted area. I see what you are talking about.
Mr. Bates: There is also an area in the parking lot in the front, possibility that would be
office. We have our office out in front and there is no openings on the front of the
building to be exposed to the people, but the office area is on the front side there. The
white collar guys, you might say, will be there. All of our service vehicles will be on the
back side and shielded by lower elevations so sound will be trapped down in our area.
Originally we just had the five acres, but we got into a situations whereas we would be
• getting back into the neighbors, we would also have a problem with the hill back there.
We would have a seventeen foot retaining wall which would be back there in the back.
So we acquired the five acres to the north and moved everything to the northwest corner. r
Ms. Schertz: Are there any questions? Thank you Mr. Bates. Are there any persons to
speak in favor of the petition? Anyone to speak in favor? Is there anyone to speak in
® opposition? Anyone in opposition? Would the petitioner care to make anymore remarks?
I will now close the public hearing and ask staff to make their final remarks. •
his, Bateman: Staff recommends approval and will answer any questions you have.
Ms. Schertz: I just have one. Commissioner Moreno made a good point about, I was
trying to figure out the dates. We had the meeting July 16th and when did the opposition
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Planning and Zoning Minutes
July 23, 1997
Page 8
come in and I was reviewing the letters that were sent in and the letters in opposition, for
the commissioners information, were faxed in and it shows Jul), 15th the day before the
meeting was held and 1 was just going to ask you if you could confirm that they were
received by your staff prior to the meeting.
Ms. Bateman: Yes, all responses in opposition that we received were received prior to our
neighborhood meeting. They had the option also to pull their opposition, but that has to
he done in writing also and since we did not receive any it still stands.
Mr. Moreno: But they had no further comment as far as being in favor of or opposed.....
Nis. Bateman: Right, they just let that remain as their comments.
Mr. Hill: Did they attend the meeting?
Ms. Bateman: Yes.
Ms. Schertz: And they were made aware that the meeting was tonight if they wanted to
make any further comments or talk about it.
Nis, Bateman: Yes.
Nis. Schertz; Thank you. Do I have any other questions of staff? Seeing none I will
entertain a motion.
bls, Apple: I move we recommend approval of Z-97-018.
Mr. Moreno: Second.
Ms. Schertz: Is there any discussion? Seeing none. All in favor raise your right hand.
Motion passes unanimously. (7-0)
VIII. Consider easement abandonment of electric transmission power lines of Skyfab Addition.
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Ms. Schertz: Mr. Salmon will address this issue.
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Mr. Salmon: Madam Chair and members of the Commission, David Arthur, President of
Skyfab has requested that the City of Denton abandon an electric easement that diagonals
his property down on Teasley Lane almost into the City of Corinth. As you can see on
the site map its located on the south side of Teasley Lane after it makes the big bend there
right before Hickory Creek Mobile Home Park. Skyfab currently has a facility there. •
From what I understand they are going to add a rather sizeable addition to their addition
and employ some additional people. In order to do thrt they would like to have an
easement abandoned so they can expand their building. Of course, as we always do when
someone request an easement be abandoned we contact all of our local utility companies
and city departments that may be concerned with the particular easement to make sure, to
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, 'T'EXAS, APPROVING A SPECIFIC USE
PERMIT ON 10 ACRES OF LAND LOCATED ON THE EAST SIDE OF MAYHILL ROAD,
SOUTH OF MILLS ROAD TO ALLOW FOR GOVERNMENTAL OFFICES, MAINTENANCE
SHOP AND A WAREHOUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Russell Bates, on behalf of the Denton Independent School District, owner of
the subject property, has applied for approval ofa specific use permit on 10 saes of land to allow for
governmental offices, a maintenance shop and a warehouse in an Agricultural "A" zoning district; and
WHEREAS, on July 23, 1997, the Planning and Zoning Commission recommended approval
of the requested specific use permit; and
WHEREAS, in accordance with Article 111, Divisi-)n 4 of Chapter 35 of the Code of
Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions
exist:
1. That the specific use will be compatible with and not injurious to the use and
e4oyment of other property nor significantly diminish or impair property values within the immediate
vicinity;
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
3. That adequate utilities, access roads, drainage ani other necessary supporting facilities
have been or will be provided
4. The design, location and arrangement of all driveways and parking spaces provides
for the safe and coi,venient movement of vehicular and pedestrian trLTc without adversely affecting
• the general public or adjacent developments;
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
6. That directional lighting will be provided so as not to disturb or adversely affect
o neighboring properties; and •
7. That there is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON REREBY ORDAINS:
ff CM 1y . That the specific use permit to operate governmental offices, a maintenance
shop and a warehouse is hereby granted to the Denton Independent School District for a 10 acre
tract, desmibed in Exhibit A, attached hereto and incorporated into this ordinance by reference.
SECTION II. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding 52,000 00. Each day that a provision of this ordinance is
violated shall constitute a sepame and distinct offense.
SECTION IU• That this ordinance shall become effective fourteen (14) days uom 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, 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.
I
JACK MILLER, MAYOR j
ATTEST:
JFNNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY
BY:~ <<
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~Yewe..........,...,pan,.n,.r,•Yk+1~~.i/b1N{!RM'Errl~ .
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9.865 ACRES FOR ZONING
FIELD NOTES to all that certain tract of land situated in the Morreau Forrest
Survey Abstract Number 417, Denton County, Texas and being all of the tract
described in the deed from Lillian Mabry to Loretta Burthold at vir recorded in
Volume 3400, Page 257 of the Real Property Records of Denton County, Texas and
all of the called Five acre Tract 1 described in the deed form Elmer E.
Carpenter to Denton Independent School District recorded in Volume 3285, page
173 of the said Real Property Records, the subject tract being more
particularly described by metes and bounds as follows,
BEGINNING for the Northwest corner of the herein described tract at a cross tie
fence corner post at the occupied Northwest corner of the Barthold tract on the
East line of Mayhill Road)
THENCE South 88 Degrees 27 Minutes 36 Seconds East generally along a fence with
the North line of the Barthold tract a distance of 541.45 feet (call being 569
feet) to a 1/2 inch iron rod found at the Southeast corner of a called 5 acre
tract described in the deed to David Brearly at ux recorded in Volume 290, Page
163 of the said Deed Records and on the West line of a tract of land described
in the deed from Gladys Stout to Thomas R. Brown recorded in Volume 2699, Page
136 of the said Deed Recordar
THENCE South 00 Degrees 34 Minutes 47 Seconds East with the West line of the
Brown tract a distance of 75.61 feet to a 1/2 inch iron rod found at the
Southwest corner thereof,
THENCE South 87 Degrees 38 Minutes 47 Seconds East along a fence with the South
line of the Brown tract a distance of 341.02 feet to a 1/2 inch iron rod found
at the Southeast corner thereof and the Southwest corner of a tract of land
described in the deed to D.I.S.D. recorded in Volume 649, Page 178 of the said
Deed Records,
THENCE South 88 Degrees 23 Minutes 23 Seconds East along a fence with the South
line of the said D.I.S.D. tract a distance of 142.00 feet to the Northeast
corner of the said Barthold tracts
S THENCE South 00 Degrees 53 Minutes 26 Seconds West with the Rest line of the
Barthold tract a distance of 185.75 feet to the Southeast corner thereof on the
North line of a called 5 acre tract described in the deed to Frederick G.
Hubnick at ux recorded in Volume 654, Page 290 of the said Deed Records,
THENCE North 66 Degrees 29 Minutes 34 Seconds West with the South line of the
Barthold tract and the North line of the Hubnick tract passing at 242.39 feet a
1/2 inch Iron rod found at the Northwest corner thereof and continuing, in all,
• a total distance of 503.33 feet to a 1/2 inch iron rod found at the Northwest
corner of a. called 0.809 acre Tract 2 described in the deed to Deborah Sue • O
Glenn recorded in Volume 1300, Page 330 of the said Deed Records and the
Northeast corner of the said Five acre Tract It
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THENCE South 01 Degrees 41 Minutes 10 Seconds West along a fence with the East
line of the Five acre Tract 1 a distance of 377.80 feet to the Southeast corner
thereof on the North line of a called 5.519 acre tract described in the Volume
1180, page 608 of the said Deed Records)
THENCE South 89 Degrees 37 Minutes 36 Seconds West along a fence with the South
line of the Five acre Tract 1 a distance of 535.88 feet to a fence post at the
occupied Southwest corner thereof on the East line of Mayhill Road)
THENCE North 01 Degree: 17 Minutes 29 Seconds East along the East line of
Mayhill Road with the West line of the Five acre Tract 1 a distance of 381.99
feet to a 1/2 inch iron rod found at the Northwest corner thereof and the
Southwest corner of the Barthold tract)
THENCE North 00 Degrees 41 Minutes 45 Seconds East along the Most line of
Mayhill Road with the West line of the Barthold tract a distance of 257.37 feat
to the P1,ACF OF BEGINNING and enclosing 9.865 acres of land.
elh
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Ape,ida N , ,
o. 97-033
Agenda item; 7-
Date ~J-rf7- 7
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Michael W. Jez, Executive Director of Operations
SUBJECT: 1996 Local Law Enforcement Block Grant
RECO;M INIENDATION: That the City of Denton utilize funds awarded in the 1996
Local Law Enforcement Block Grant for the purchase of Mobile Data Computers.
SUMMARY: Under the Omnibus Appropriations Act of 1996, local units of
government are eligible for a grant award through the Local Law Enforcement Block
Grant Program. In June 1996, the City of Denton was notified of its eligibility for a grant
exard in the amut:nt of $96,818, with a required local match of $14,757. The Police
Department made application and received approval for this funding, designating its use
for equipment, with the intent of purchasing mobile data computers. A public hearing
must be held prior to the expenditure of these funds.
BACKGROUND: In accordance with the Omnibus Appropriations Act of 1996, the
Director of the Bureau of Justice Assistance, U.S. Department of Justice set aside funds ,
for units of local governments within a State. The amounts per State are proportionate to
the State's average annual amount of Part I violent crimes compared to that for all other
States for the three most recent calendar years of data from the FBI. Awards to units of
local government are proportionate to each local jurisdiction's average annual amount of
Part I violent crimes compared to all other local jurisdictions in that State for the three
mo::c recent culendLr yew . Awa:ds in [he amt int of $ ln1 rv0 or mote arc mrde by BJA
directly to the unit of local government. The required local cash match is calculated as
one-ninth of the Federal portion of program costs. Block Grant funding must be
obligated and expended within 24 months of the date of initial payment,
Funding can be used for the foll-wing purposes related to law enforcement:
(1) the employment of officers or support personnel;
(2) overtime pay of officers and support personnel;
(3) equipment, technology, and other material directly related to basic law
enforcement functions; or
(4) enhancing security measures in and around schools or other locations
• considered a special risk for incidents of crime. e •
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Upon receipt, grant funds must be placed in an interest bearing account. Prior to the
obligation of any funds, an advisory board that includes representatives of groups with a
recognized interest in criminal justice and crime or substance abuse prevention and
treatment must be established to review the application and make a nonbinding
recommendation for the use of funds. The board must include representatives from the
local law, enforcement agency, local prosecutors office, local court system, local public
school system, and a local nonprofit group active in crime prevention or drug use
prevention or treatment. Additionally, at least one public hearing must be held regarding
the proposed use prior to the obligation of any funds received.
In June 1996, the City of Denton received notification of its eligibility for an award
through the Local Law Enforcement Block Grant Program in the amount of 596,318, with
a required local match of S10,757. An application was submitted, designating its use for
equipment, and the local match was included in the 1996-97 budget. The grant award
was received in December and deposited in an interest bearing account in accordance
with grant program regulations.
The following individuals were appointed to an advisory board under the administrative
authority of Chief Michael W. Jez:
Stephanie Berry - City of Denton Attorney's Office
Dennis Stephens - Denton Independent School District
Robin Ramsey - City of Denton Municipal Judge
Sandra Lewis - Mothers Against Drunk Drivers
Clovis George - Denton Police Department
Capt. Joanie Housewright, Denton Police Department, presented the committee members
with a copy of the grant application, a description of the grant program, the award
amount, anu information regarding the grant zvp:icati~:i pre:ess and edmini_trati• n.
Members were also provided the following information regarding the need to utilize this
funding for mobile data computers.
The Department recently purchased a network computer system which includes
Computer Aided Dispatch (CAD) and a Records Management System (RIMS) at a cost of
• approximately SI,5 million funded by Certificates of Obligation secured with revenues ill
the General Fund. The second phase of the computer system funding includes
approximately 5330,000 for Mobile Data Computers (bIDC's) for police vehicles. One
patrol b1DC currently costs approximately S 17,000. MDC units for investigator vehicles
are currently priced at approximately S12,000. The Department's intent is to equip each
of its 47 patrol vehicles and 18 investigator vehicles with an MDC at a total cost of
$1,015,000. However, the priority will be the installation of MDC's in all patrol vehicles •
at a total cost of $799,000, Funds currently budgeted are approximately S419,000 short
of that needed of the patrol vehicles alone. In its grant application, the Department
designated the Block Grant funding for equipment with the intent of supplementing the
funding already in place for MDC's.
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Currently, information can only be retrieved through computer terminals in the police
facility. Mobile Data Computers will make information more readily accessible to patrol
officers for use in the identification, analysis and resolution of problems in their assigned
areas. This technology will allow officers to perform virtually all tasks in the car,
including accessing the RMS, CAD, TLETS and NCIC to retrieve call, report and wanted
information. This funding will enable the Department to purchase seven to eight
additional units for patrol vehicles.
Following discussion of the information provided, the committee agreed to suppon the
Department's recommendation that this grant funding be used for the purchase of
MDC's. A public hearing must now be held prior to the obligation and expenditure of
these funds.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Mobile Data
Computers will provide patrol officers with ready access to information that can be used
in the identification, analysis and resolution of problems in their assigned areas, assist in
the detection of wanted persons and stolen property, and the provision of referral
information to citizens. The ability to perform tasks in the car will not only increase the
overall efficiency of the Department, but allow officers to be more accessible to and
available for citizen requests for services in their assigned areas. Overall, the installation
of MDC's in patrol vehicles will increase the effectiveness of patrol officers and, thereby,
provide more effective and efficient police service to the community.
FISCAL INIPACT: Federal funding under this grant award is $96,818, with a required
local match of $10,757. The local match was included and approved in the 1996-97
budget process.
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is ael W!ircctof z
Executive VOperations
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LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM
LOCAL APPLICATION FORM
1. Vendor Number Or E.I.N...: 756000514 E-Mail Addr.:
2. Locality Type... City/Municipality
3. Applicant's Starting Fiscal Year..: October
4. Name Of Organization.:
Denton
5. County DENTON
6. Street Address.......: 215 E Mc Kinney
7. Additional Address...:
8. City: Denton 9.State: TX 10.ZipCode: 76201-
11. Grantee Type: COPS
CEO DATA
12. C.E.O. Prefix... MR.
13. First Name......: TED
14. Initial.........
15. Last Name......: BENAVIDES
16. Title..........: CITY MANAGER
17. PHONE..........: (817) 566-8307
18. FAX (817) 566-8236
19. LOCES NUMBER...:
CONTACT DATA
20. PREFIX.. CHIEF
21. FIRST NAME....: MICHAEL
22. INITIAL NAME..: W
23. LAST NAME.....: JEZ
24. PHONE.........: (817) 383-7926
25. FAX...........: (817) 383-7966,
G4. Payment Contact CH.LLF MICHAEL W. JEZ
27. Payment Code.. CHECK
28. Federal Congnizant Agency...: HUD
29. Award Amount A.Federal:$ 96,818.00 B.Match:$ 10,757.00 \
30. Date Sent To State: 07/24/96 31. Date sent S.P.O.C. • 32. PURPOSE AREAS
A.LAW ENFORCEMENT FUNDS
a.HIRING..... 0.00 d.CURRENT OFFICERS...: 0 ;
b.OVERTIME...:$ 0.00 e.OFFICERS TO HIRE...: 0
c.EQUIPEMNT..:$ 96,818.00 f.SUPPORT PERSONNEL..: 0
( ) (1)SWORN { ] (2)CIVILIAN
` • B.CRIME PREVENTION 0.00
C.ENHANCING SEC......... 0.00 ( ] (])SCHOOLS ( ] (2)OTHER • •
D.DRUG COURTS 0.00 ( ] (1) ESTABLISH ( ] (2)SUPPORT
E.ENHANCING ADJUDICATION:$ 0.00 - ( ] (])ADULTS ( ] (2)JUVENILES
F.MULTI-JURIS.TASK FORCE:$ 0.00 ( ] RURAL AREA {
G. INSURANCE 0.00
33.Matching Funds Source: State and local units of government
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1996 LOCAL LAW ENFORCEMENT BLOCK GRANT
ADVISORY BOARD MEETING MINUTES
JUNE 25, 1996
On June 25, 1997, at 1.00 p.m., the Advisory Board appointed by authority of Michael
W. Jez, Chief of Police, met in the Front Conference Room of the Police Department,
601 E. Hickory, Denton, Texas. The following members were present:
Stephanie Berry - City of Denton Attorney's Office
Clovis George - City of Denton Police Department
Sandra Lewis - Board President, North Texas Chapter, Mothers Against Drunk
Driving
Robin Ramsey - City of Denton Municipal Judge
Dennis Stephens - Denton Independent School District
Capt. Joanie Housewrght, Denton Police Department, presented the committee members
with a copy of the grant application, a description of the grant program, the award
amount, and information regarding the grant application process and administration.
Capt. Housewright also explained the Police Department's desire to utilize the grant
funding to purchase mobile data computers (MDC's) for Department vehicles. All
written documentation provided is attached.
Following discussion, the committee agreed to support the Department's
recommendation that the funds be used for the purchase of MDC's, The meeting was
adjourned at 145 p.m.
r e Tight
C ptain
Support Services Division
Denton Police Department
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1996 LOCAL LAW ENFORCEMENT BLOCK GRANT
ADVISORY BOARD MEETING
June 25,1997
Grant Origin. Local Law Enforcement Block Grants Program
Bureau of Justice Assistance, U.S. Department of Justice .
Grant Program: In accordance with the Omnibus Appropriations Act of 1996, the
Director of the Bureau of Justice Assistance set aside funds for units of local governments
within a State. The amounts per State are proportionate to the State's average annual
amount of Part I violent crimes compared to that for all other States for the three most
recent calendar years of data from the FBI. Awards to units of local government are
proportionate to each local jurisdiction's average annual amount of Part I violent crimes
compared to all other local jurisdictions in.that State for the three most recent calendar
years. Awards in the amount of $10,000 or more are made by BJA directly to the unit of
local government. A local cash match of ten (10) percent is required.
Funding can be used for the following purposes related to law enforcement:
(1) the employment of officers of support personnel;
(2) overtime pay for officers and support personnel;
(3) equipment, technology, and other material directly related to basic law
enforcement functions; or
(4) enhancing security measures in and around schools or other locations
considered a special risk for incidents of crime.
Upon receipt, grant funds must be placed in an interest bearing account. Prior to the
:'"liga'ion f any funds, an -idvisn-y board that includes representatives of groups with a
recognized interest in criminal justice and crime or substance abuse prevention and
treatment must be established to review the application and make a nonbinding
recommendation for the use of funds. Additionally, one public hearing must be held
regarding the proposed use prior to the obligation of any funds received.
Award Amount: Federal Funding = S 96,818.00
Local Match 10.757_00
Total 107,575.00
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Grant Application and Administration:
06/13196: City of Denton received notification of its Eligibility for Local Law
Enforcement Block Grant.
0'1124/96: City of Denton submitted Block Grant application, designating its use
for equipment and included local match in the 1996-97 budget. .
09/3019: City of Denton received notification that application had been
approved and accepted the award.
12/13/96: City of Denton received funds from BJA and deposited same in an
interest bearing account in accordance with grant program
regulations.
06125197: Block Grant Advisory Board meeting.
Advisory Board Members:
Dennis Stephens, Denton Independent School District
Robin Ramsey, City of Denton Municipal Judge
Stephanie Berry, City of Denton Attorney's Office
Sandra Lewis, Mothers Against Drunk Driving
Clovis George, Denton Police Department .
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1996 LAW ENFORCEMENT BLACK GRANTS PROGRAM
The Department recently purchased a network computer system which includes
Computer Aided Dispatch (CAD) and a Records Management System (RMS) at a cost of
$1.5 million funded by Certificates of, Obligation secured with revenues in the General
Fund. The second phase of the computer system funding includes 3379,0I5 for Mobile
Data Computers (MDC) for police vehicles. One patrol MDC, with all associated
hardware, sorfhvaze and maintenence contract, currently costs $29,145. MDC units for
investigator vehicles are curt ent] y priced at $22,4.07., The Department's intent is to equip
each of its 47 patrol vehicles and 18 investigator vehicles with an MDC at a total cost of
S1,773,141. However, the priority will be the installation of MDC's in all patrol vehicles
at a total cost of $1,369,815. Funds currently budgeted are $990,800 short of that needed
for the patrol vehicles alone. In its application, the Department designated the Block
Grant funding for equipment with the intent of supplementing the funding already in
place for MDC's.
Mobile Data Computers will make information more readily accessible to patrol
officers for use in the identification, analysis and resolution of problems in their assigned
areas. Currently, information can only be retrieved through computer terminals in the
police facility. 'fhis technology will allow officers to perform virtually all tasks in the
car, including accessing the RMS, CAD, TLETS and NCIC to retrieve call, report and
wanted information. Officers will be able to write reports and issue citations more
efficiently and retrieve briefing notes and referral information for citizens.
The funding provided in Phase 11 is sufficient for the purchase of 13 MDC's. The
Department obtained one unit for an investigator from a State grant. This funding will
enable the Department to purchase three to four additional units for patrol vehicles. (See
raach.l fo: cost bre lkdo--, )
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' " Sheetl
•MDC PRICE LIST
PATROL UNITS
_ H OWARE - lUnitPrice!Install YrMaint
~~MDCDatabrick4860X100 1,395 500 34051
Remote 1.44MS Diskette 145 36,25
_ 16ME RAM 1,015 253.75
Option Set,Ethernet 108ase-T,COM 3-4 526 131.50
PCMCIA Adapter I 269 53.80
810MB Hard Drive 995 248.75
_ Dua- Scan Color LCD Touch Scrn w/mount 2,455 613.75 -
LCO Controller 395 98.75 -
LCD Extension cable, 10ft _ 80 20.00
7.50
Conr ector Box for' CD Extension Cable 30
Space Saver Keyboard wfmouse 294 L I 73.50 1
--Keyboard mount tray wnighl 1 395 98.75 '
17.9 32.25
Windows 95
---t-- L-~ 1,325 250 384.00
-I _ J Mobile Printer 1
MagneticCard _Reader 865 -173.901 _
Head-up_Display and Accessories 7 3,295 250 659.00
M b 1o ei pkg modem and inteAaco cables - 1,221 250 384.00
-1 -
EGE MDX Mobile Radio 8An'anna 1,953 250 384.00
`
T "ot----are 7 16,782 1,500 1 4,001.301
(al Hardw
GATEWAY SOFTWARE
WARDN" Base Controller S/W-_~ 1,250 250 250 !
- -
~Messagin - 90 250 -250 1 _
j NCIC Interface 200 250 250
If i 2n0 _ 2J0 _ 250
Z) I -I 1,000
_ 1 Total Gateway Software 1,740 1,000
FIELD ENTRY APPLICATIONS I
i - Incident report 320 250 80.00
LCitaVons 320 - 250 80.00
• j D_CAD Mopping Interface 411 250 102.75
-1L- OCAD_Premise Drawing Interface 411 250 102.75
Heads Up Display Interface Software 190 250 47.50
Accident Report 350 250 87.50
J__~AccidanUCrime Scene Drawing Software 280 250 70.00
Impound Report 280 250 70.00
• Briefing Notepad 350 250 87.50 -
Magnetic License UP-load Software 1 BS 250 48.25 •
Field Interview 350 250 87,50
House Watch Report 350 250 8750
(Document Indexing Sotware 350 250 87.50
_ Page 1
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_ ;CriminaWehfcle Law Lookup 350 250 87.50
Total Applications - jEj-4,497 3,500 1,124.25
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TOTAL PATROL UNIT 23,014 6,000 6,125.55 35,145
(
INVESTI 1T _
HARDWARE _
MDCDatabrick486OX100 1,395 500 348.75
_ emote 1.44,W Diskette 145 36,25
16MB RAM 1,015 L- 253.75 -
Option Set,Ethernet 106ase-T,COM 3-4 5,26 131.50
PCMCIA Adapter _ 269 ! - 53.80
_ ;810MB Hard Drive I 995 24875
i DualScan Color LCD Touch Scrn wlmount 2,455 613.15
LCD Controller --F I 395 98.75;
-
iLCD Extension cable, 10ft 80 ^-L 20.00 1
-LConnector Box for LCD Extension Cable 30 7.50
_ Space Saver Keyboard w/mouse 294 - 73.50
Keyboard mount tray wllight 395 1 98.75
- -f - --T- - -
IWlndows 95 1--'----1-129E--~_ 32.25 !
- - 3.00
_ 665
-Magnetic Card Reader 17
Mobile Dk9-modem and interface cable^_ 1,221 I _ 250 384.00 1
- - -
- -,EGE MDX Mobile Radio &Antenna 1,953 2S0.R ~3_84.00
--1Total Hardware_ 12,162 t 1,000 2,958_30
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EW _
GATEWAY SOFTWARE
` .sac Base - Contr0ler
7-SNV 12Q0 250 2250
50
---------~NCICT - e ~ --T - - 200 250 250
' NCIC I nterfac
1 -
DCAD Interface I 200 250 250
-
Tolal-`G_-ate`way - Software ,740 1,000 1,000 `
I -
FIELD ENTRY APPLICATIONS _
• 1Incidenl report - 320 250 I 60.00
DCAD Mapping Interface 411 250 102.75
411 250 102.75
DCAD Premise Drawing Interface4
ccidentlCrime Scene Drawing Software 260 250 70.00
A
J
~I Impound Report 260 250 70.00
Briefing Notepad 350 . 250 87.50
0 Magnetic License UP-load So are 185 250 46.25 -
Lield Interview I 350 250 87.50 O 0
- House Watch Report 350 250 87.50 _
P
Daum _nl Indexing Software 350 250 87.50
Law Lookup 350 250 87.50
Criminal/Vehicle
Page 2
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Total Applications 3,637 2,750 909.25
TOTAL INVESTIGATOR UNIT 17,53 4,750 4,867.55 27,157
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North Texas Chapter
M Box 287
Argyle, Texas 7ti22b
Telephone 817 387.8814 • Fax 817431.5534
® Srroi"r DrnloM1 wix, Cooke, M"up, WrlaL, Coy jade Ymr, Arch.
Mothers Against Drunk Driving Hnw, r"~radMdlurd a"mew
June 27, 1997
Chief Alike Jez
Denton Police Department
601 E. Hickory, NE
Denton, Texas 76205
Dear Chief fez,
I recently had the pleasure of seeing on an advisory committee for the Denton Police Department. Our mission
was to rnieW a block grant the department received to purchase computer equipment to put some of the patrol
cars "un line" with a new communications system.
MADD appreciates your aggressive approach to helping the ours do their jobs. Our fans is road safety and we
see many uses for this type of computer system. We urge you to place at least one of these systems in the traffic
division.
As many types of crimes are coming done, unfortunately deaths and injuries due to DWI are not. This year our
chapter hopes to take a more aggressive approach to our public awareness efforts. Hopefully this, along with better
equipped law enforcement will help bring the numbers dons.
Please note that Officer HousvMght was very prepared for the committee meeting. She had everything written
down for us and was able to arms cr any questions we had
Best regards,
L
Sandra
Board pr nt
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Apenoe No..~,~3~
Agenda Item _
ORDINANCE NO. Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances: and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein: NOW, THEREFORE,
THE. COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies. or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
2067 ALL NORTH PACIFIC LUMBER 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, supplics or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid lm itations, Bid
Proposals, and related documents.
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SECTION Ill. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal .+Titten 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. O 0
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SECTiOMIV. 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 WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: - -
SUPPLYARD
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BID k 2067
BID NAME ANNUAL PRICE AGREEMENT NORTH
FOR WOOD UTILITY POLES PACIFIC
OPEN DATE JULY 3, 1997 LUMBER
-a-QTY DESCRIPTION VENDOR- EXHIBIT A
60 EA-- 35' CLASS 3~540690p0) - S170.00
2. 20 EA 40' CLASS 4554069050) S22D.00
_ 3. 80 EA--- - 45' CLASS 3L.110691 10) $253_00
4. 15 EA _ 5"C SS3 (54069150) S290,00
S.- `S EA__- 55, CLASS 2 (54069120) ----5388_00
6r -10-EA $S' CLASS 2 (54069140)-_ S336.00
_ -7.- _ _ 2 EA 60' CLASS 2 (54069200 $535.00
8- 2 EA- -65' CLASS 2 (54069250)
5740.00
9. 2 EA 70' CLASS 2 (54069300) - 5920.00
10. 1 EA 75' CLASS 2 (5J069350) - -$1,054.00
1 I. t EA 80' CLASS 2 X54069400) 5[,186.00
12. I EA 85' CLASS 2 (54069450)
--------51,415.00
13. 1 EA 90' CLASS 2 X4069500 51,744.00
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DATE: August 5, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID tt 2067 - ANNUAL PRICE AGREEMENT FOR WOOD UTILITY POLES
RECOM14 ENDATION: We recommend this bid be awarded to the lowest bidder, North Pacific Lumber,
as listed on Exhibit A. Total annual estimated expenditure is 555,000.00.
SUMMARY. This bid is for the annual price agreement to supply wood poles for the Electric Distribution
Division of the Denton Municipal Utility. The poles will be ordered as needed as warehouse inventory stock.
The prices are ')ased upon truck load quantities; however, the sizes may be mixed as required. Poles will be
used for replacement and new construction.
The bids from Koppers and Techiine were not considered since they failed to bid all items as required.
PROGRAMS, DEPARTMENTS__OR_GROUPS_AFFECTED: Electric Distribution Division and
Warehouse Inventory Operations.
FISCALIMPACT: These poles will be purchased using Warehouse Inventory Working Capital funds and
recharged to budget funds as they are placed in use.
Attachments: Exhibit A
Tabulation Sheet
Respectfully submitted:
t
at u se
Execunve hector of Finance
Approved:
Name: om Shaw, CY.M.
0 Title: Purchasing Agent
907.AGMA
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111 V p 2061 ~ J
RIDNAMA ANNUAL PRICI. AGRE£,MLN'F 1. Ix i RRLKN KOPPE.R.S TELECOM NORIII DFALFILS TECID.INF. C('1MM(NS j TEMPLE
FOR N'OOD I R'I 131 VPO LFS MC'FARIAND ! NOOD PACIFIC ELECTRIC I
OPEN DATE JULY 3, 1977 PNESERVING , LUMBER
0 QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR. ..VENDOR ,VENDOR,..) VENDOR VENDOR j
J I, 60£A 35CIASS 3(5069000; $180.00$I $17100 S162A0 S101A0 5170LW WLIO SHAW S20BOOi 5177.19
J L 20 EA 40'CLAS53(54069030) 523400` 5227.00 SIMI) SL3300 $220.001 $237.90 $301.09 126101 1122180
I 1 .30
~ 2 5 EA 15 CLASS 3(54)6$110) 525.001 5260.00 5251.00 $266.00 ~ $]11.091 ` $2114 551.00 I 5347.00 $169i
4. 15 EA 50' CLASS 3 (5069130) $321.00 5211.001 5291.00 5331.00(! 11190.00 $331.15 $466.00 MIM $31173
S SEA Sr CLASS 1(5(05120) 3421.00i FMOO 51100 546&w0` $.161001 5666.45 W.".00~ f36S.O0~ U4141
6. 20 EA l 55' CLASS 3(54069140) f367.00i 33)500 $350.00` S40L00 $336.00 SOLIS 599.00( $47,00` $36.5.02
7. 1 2£A I{I 60' CLASS 7($6069200) 336100E 590.00 550$.001 ..$621.00 f.S15.00~ .56]9.(5 _ $711.001 $7$1001$$ 5.42. Lt I
I ILA 65- CLASS 2154069250 5663.00 1175500 575.100 $//000 11141XOOF $180)0 179100 $1,06$.001 $7$7.4
1
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9. SEA 70' CLASS 2(5067300) S1A76.00~ S%7.00 $914.00 $1,11/.00 $920.00 31,133.35 $935.00 5,224.00 51,1%.33.
10, I EA 75 CLASS I (S4064350) 51,214.00 51,161.001 3105200 51)13.00 SI,0.S6A0 $1,114.00 NO BID SI,"W, $:,20460,
i
11 IEA N' CLASS 1(56069400) $1,427.001 51,400.00 $1.110.00i $1,645001 $1.106.00 $1,615.15 NO BID fl/10.O/Ih 31,621.V ~
}2. IEA 1 LS CLASS 115069650) 5(,61400 3I,634.DOI $1,30$.00(!' SI,90ROOi SIA1500 521909,60$ NOBID simo0 $2,041,00
13. IEA 901 C'LASS](51069500) $],059.00+ $1,$54.00( NO BID $2,$0(.001 31,744.00' f2,7M.00~ so BID 59)(60.001 1121)1,00
I ~ i . 11RM 118-1.
DF.L.II CRY 28-42 DAIS V 14-4511MS I SIODAI'S 14 wo, 1 34WKS 56 DAYS 150.618 13)1.97 E
NO BIDS
R.1\1FN, 111FOF.StR(O.
ME5I64. PRLFFHRI:UStLFS
T A 11.OR LI318 E R 6 11'S7SNl;
N FS('O. Nf1AD,6 HOOD PRi_S[H1'INC
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Agioda No
Agenda Item
ORDINANCE NO..___. Dale-
AN JRDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2065 DBR CONSTRUCTION COMPANY EXHIBIT A
SECTION II. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
• SECTION Ili. 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 accordanc.
%kith the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
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SECTIODaV.. That upon acceptance and approval of the above competitive bids and the
° execution of contracts for the public works and improvements as authorized herein, the City Council f
hereby authori:%es the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto. t
SECTIONN. That this ordinance shall become effective immediately upon its passage and
i
approval. PASSED AND APPROVED this the day of
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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BiD M 2055 I
HID NAME Single Fam11y Home Cotutrutian DBR
CON'ST
OPEN DATE 2aly 10, 1997 EXHIBIT .A I
DESCR1PT ox VENDOR _
1 1 Plan 0122577 NE 1, for Lot 01 S7 AM A0
2 1 Plaa WD.1008S5V O oval Bid for Lot 02 SWUM
'
ADDENDUMIt•SIDESVALIS INCIL ABOVE
BOND YES
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DATE: AUGUST 5, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2065 - SINGLE FAMILY HOUSE CONSTRUCTION
RECOMMENDATION: We recommend this bid be awarded to the single qualified bidder, DBR
Construction Company for the option bid that includes one unit at $75,631.00 and a second unit at 562,224.00.
Total Contract amount $137,855.00.
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SUMMARY: This bid is for the construction of two single family dwellings to be built on lots purchased
with CDBG funds. The houses will be located in the Hill Street Addition, Lots I and 2, Block A. After the
units are finished they will be sold to qualified home buyers. {
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development Block Grant
(CDBG) Operations.
FISCAL IMPACT: Funds for the construction for these houses are available from the Affordable Housing
Program.
Attachments: Exh;bit A
Tabulation Sheet
Respectfully submitted:
Kathy Uku&f4
Exerittve Di ctor of Finance
Approved:
f~Tam
Title: Purchasing Agent
j 904A,ENDA
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BID N 2065
BID NAME Single Family Home Construction DBR
CONST
OPEN DATE July 10, 1997
N QTY_- DESCRIPTION - VENDOR VENDOR
--1- - 1 Plan N122577 NE I, for Lot Nl _ - ` - S75,631.00 -
2 1 Plan NTC1229 NE, for LotN2 S75,872.DO
3 1 Plan NKD.1008.SW _Optlonal Bid for Lot N2) _ 562,224.00 -
ADDENDUM NI -SIDEWALKS INCL ABOVE
BOND YES
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Agenda No,,.. L
Agenda Item ~D
ORDINANCE NO. Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recoryunended that
the herein devxibed 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
2069 JAGOE PUBLIC COMPANY S442,950.00
SECTION II. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
1 notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance r
with the bids accepted and approved herein, provided that such contracts are made in accordance '
with the Noticc to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions. plans and specifications, standards. quantities and specified sums contained therein.
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SECTION 1V. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECT10P1 V. That this ordinance shall become effective i runediately upon its passage and
approval
PASSED AND APPROVED this the day of
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: -
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DATE: AUGUST 5, 1997
CITY-COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2069 FORT WORTH DRIVE UTILITY RELOCATION
RECO.YIMENDATION: We recommend this bid be awarded to the low bidder, Jagoe Public
Company, in the amount of $442,850.00.
SUh1 L4RY: This bid is for all labor and materials necessary for the relocation of approximately
325 feet of 20" waterline, 2092 feet of 8" waterline, and 565 feet of 6" waterline. Sanitary sewer
mains to be relocated consist of 316 feet of 10" sanitary sewer, 2156 feet of 8" sanitary sewer, and 12
manholes. The relocation project starts at Collins Street and ends at Interstate 35. These relocations
are necessary due to the proposed state highway improvements planned by 'texas Department of
Transportation.
PROGRAMS, DEPARTN ENTS.OR.GROUPS AFFECTED: Water & Sewer Field Services,
Water & Sewer Utility Customers of the City of Denton, and the Citizens of Denton.
FISCAL 131FACT: Budget funds for this pruject will come from 1997 CIP Revenue Funds
Account Number 620-081-0461.11508-9114.
Attachments: Tabulation Sheet
PUB Meeting Minutes Recommending Approval
Respectfully submitted:
Kath o
Executive rector of Finance
Prepared by: I 1
JvVwa.lJ ~
Name: Denise Flarpool
Title: Senior Buyer `
~ti4..J WSJ
Name: Tom D. Shaw, C.P.M. •
Title: Purchasing Agent
909.ACENDA
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2069
BID NAME FT WORTH DRIVE UTILITY JAGOE DICKERSON CIRCLE C
RELOCATIONS PUBLIC CONST. CONST.
COMPANY COMPANY COMPANY
OPEN DATE JULY 22, 1997
M QTY DESCRIPTION VENDOR VENDOR VENDOR
TOTAL BID AWARD S"2.850.00 $511397.00 5599,718.00
ADDENDUM YES YES YES
BOND YES YES YES
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FROM3 DENTON UTIL ADMI FAN 40.1 81776681?/ 09-23-97 18+72A P./t
.
DRAFT
PUBLIC UTILITIES BOARD MEETING MINUTES
i EXCERPT
12. CONSIDER APPROVAL OF BID OPENINO NO. 2069 TO JAOOE PUBLIC
COMPANY IN THE AMOUNT OF S442,850.OW FOR CONSTRUCTION OF
PORT WORTH DRIVE (HWY. 377) UTILITY RELOCATIONS
Ms. Jordan presented this item and discussed the relocation of specific water/sewer lines
located on Collins St. and 135E. She said that this project was under budget and that the bids
were below 61e estimated contract amount. Mr. Thompson made a motion to approve the
item as presented. Mr. Nortun seconded the motion. Approved is presented.
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9-7-
Agenda Item
ORDINANCE NO. Date- -aff~-W
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
N'OR', THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the consuvction of public works or
improvements, as described in the "Bid Invitations", "Rid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid munber assigned hereto,
axe hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2061 NATIONAL CREDITS, INC. EXHIBIT A
SECTION 11, That th^ acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
O SECTION III. That the City Manager is hercby authorized to execute all necessary wThten
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved hercin, provided that such contracts are made in accordance
w ith the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions. plans and specifications, standards, quantities and specified sums contained therein.
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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 Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION-V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of .,1992
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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BID NAME MISCELLANEOUS COLLECTION NATIONAL
SERVICE CREDITS
OPEN DATE JUNE S, 1991
q TY DESCRIPTION _ VENDOR-
% COLLECTORS COMPENSATION WILL 17,5% EXHIBIT A
BE A FIXED PERCENTAGE OF FEES
COLLECTED
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DATE: AUGUST 5, 1997
CITY-COUNCIL REPORT f
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2061- MISCELLANEOUS COLLECTION SERVICE
RECOINIMENDATION: We recommend this bid be awarded to the lowest bidder, National Credits. Inc.,
in the amount of 17.5% of debts collected. Estimated expenditure is approximately $16,000.00.
SUMMARY: This bid is for a fixed percentage to provide collection services for miscellaneous account
receivables. Account receivables that are owed to but have not been collected by the City can include services
for utilities, mowing, demolition, and other miscellaneous accounts.
The 17,5% bid is a significant decrease over previous contracts at 286.'o for similar services.
PROGRAMS,.DEPARTMENTS_OR.GROUPS AFFECTED: Customer Service Division, Denton
Municipal Utilities as well as other users of the service.
FISCAL IMPACT: Although our estimated contract expenditures are approximately $16,000.00 there is
no budget impact. The 17,5% is a result of a "bad debt' collection.
Attachments: Tabulation Sheet
Respectfully submitted:
d ~u~5t
Ka'tby u se
Exec ive hector of f finance
Approved:
Name: om a `I
Title: Purchasing Agent
899.AGENDA
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BID N 2061
BID NAME MISCELLANEOUS COLLECTION J.V. SMITH NATIONAL MUNICIPAL
SERVICE CREDITS SERVICES
OPEN DATE JUNE3,1997 BUREAU j
_N _ QTV --DESCRIPTION..._ VF\DOR -----VENDOR VENDOR
% COLLECTORS COMPENSATION 'AILL 2$% 17.5% 28%
BE A FIXED PERCENTAGE OF FEES
COLLECTED
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Agenda No
Agenda Item ~OZ
ORDINANCE NO. Date
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND HEMPHILL_BUS-SALES,_INC.
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on 7.15-97, the City awarded a contract for-BH)#.2062-PASSENGER
PARATRANSIT BUS in the amount of 5173,100.00; and
WHEREAS, the City Manager having recommended to the Council that a change order be
authorized to amend such contract with respect to the scope and price and said change order being
in compliance with the requirements of Chapter 252 of the Local Government Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the change order increasing the amount of the contract between the City
and HEMPHILL BUS SALES. INC. copy of which is attached hereto, in the amount of ONE
HUNDRED_SEV,ENTY__THREE-THOUSAND_ONE-HUNDRED and NO/100--- Dollars
(5173.100.00), is hereby approved and the expenditure of funds therefor is hereby authorized. The
contract amount is amended to read $346,200.00.
SECTION II. That this ordinance shall become effective immediatefy 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:
HEBERT L. PROUTY, CITY ATTORNEY
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BID M 2062
BID MANSE 26 Passenger Par&transit Bus P"IPHILL
BUS
OPEN DATE June U. 1997 EXHIBIT A
M QPL DESCRIPTION VENDOR
I 2 Paratraasil Bat Sd6.330.00
NO BID RESPONSES
NIE'I RO I RANS
GILLIG
NEOPLAN
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DATE: AUGUSTS, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance k
SUBJECT: BID N 2062 - 26 PASSENGER PARATRANSIT BUS - CHANGE ORDER N 1
RECOMMENDATION: This change order number one is to add additional muses to the award of Bid
2062 in the amount of $173,100.00.
SUMMARY. On July 13, 1997 the Council awarded a contract to Hemphill Bus Sales for two 26 passenger
pazatransit buses in the amount of S173, 100.00. These buses will be leased to SPAN for Fublic transportation.
The buses were funded from a combination of Federal Transportation Authority, TXDOT avid CDBG funding.
A portion of these grants expires August 1, 1997. The two additional buses will be funded from the same
sources with new grant funds available August 1, 1997,
PROGRAMS, DEPARTMENTS_OR_GROUPS AFFECTED: Public Transportation Operations and
CDBG, SPAN and Fleet Operations.
FISCAL IMPACT. FTA Grant Funds S78,478.00
TXDOT Funds $ 89,404.00 j
CDBG Funds S_ 5,2ZLOO i
5173,100.00
I
Attachments: Exhibit A
Tabulation Sheet
Respectfully submitted:
KatnY e
Executive rector of Finance
Approved:
ame: Tom Shaw, j
Title: Purchasing Agent
905.AGENDA
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BID M 2062
BID NAME 26 Passenger Parstransit Bus HEMPHILL
BUS
OPEN DATE June 26, 1997
DESCRIPTION ! - VENDOR
1 2 Parstransit Bu 586,550.00
NO BID RESPONSES
METRO TRANS
G ILLIG
NEOPLAN
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Agenda No. Z- Q,33
Agenda IteWv-
AN ORDINANCENO.___._. _ Dale- ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
health or safety of the citizens of the city, or in case of unforeseen damage to public property,
machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the following emergency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve
the property of the city, or to protect the public health of the citizens of the city, or to provide for
unforeseen damage to public property, machinery or equipment, and by reason thereof, the following
emergency purchases of materials, equipment, supplies or service., as described in the "Purchase
Orders" attached hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
1 76615 CULLUM PIPE SYSTEM, INC. S34,691.90
• , SECTION U, That N=uje of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated. such
' emergency purchases being in accordance with the provisions of state law exempting such purchases
by the City from the requirements of competitive bids.
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SECTIONAL 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: - - -
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
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DATE: AUGUST 5, 1997
CITY COUNCIL REPORT
TO: Mayor and Member of the City Council
FROM: Kathy DuBose, Executi a Director of Finance
SUBJECT: EMERGENCY PURCHASE TO CULLUM PIPE SYSTEM, INC.
IN THE AMOUNT OF 534,691.90
REC01111IENDATION: We recommend Purchase Order #76615 issued to Cullum Pipe System Inc. be
pproved in the amount of $34,691.90.
SUNIIN1ARY: This purchase order is for the replacement of an 8" sewer line in the Crestwood Heights area
between Cherrywood Lane and Northwood Terrace.
The existing line is approximately 45 years old, made from a concrete material pipe, with structural integrit
so deteriorated that permanent repair cam of be accomplished.
The quickest and most economical metnod of restoring pproper sewer service to the area is known as pipe
bursting. This m:thod allows for insertion of a polyeLrylene pipe using the existing sewer line as a guide.
As the new pipe is pulled through the old pipe is crushed or burst. During the insertion process all wwastewater
will be bypa•s pumped until new connections are made.
We received three price quotes to replace the subject line and Cullum Pipe *-s the lowest bidder.
Emergency requests that affect public health or pub?ic safety ate exempt from the formal bid process as per
Texas Local Goverrtm:nt Code Chapter 252.
PROGRAAIS, DEPARTMENTS-OR GROUPS At: FECTED: Water and Sewer Field Services and
Residents of Crestwood Heights Area.
FISCAL IMPACT: Funds for this project will be taken from 1996/97 budget funds in Account # 625-082-
0471-V717.9114.
Attachments: Purchase Order # 76615 - Cullum Pipe
Did from Cullum Pipe
Respectfully submitted:
at u
Executive {rector of Finance
Approved' _
Srame: Tom aw, .
T itl:. Purchasing Agent
901. AGENDA
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SE ORDER NO: '1661 ti TITS IS A
This numher must appear on all CONFIRMING ORDER
invoices. delivery slops, cases. {IF MARKEOI
ctns., boxes, packkV slops and tills. DO NOT OUPLICATE
Re4 N0: Elie No- Date 07 24 97 Page Na. 01
PURCRASiNG DIVISIaN 1 901 8 TEXAS SONf TDEE TON. TEXAS 76201-4354
940/349-7100 D/FW NCTRO 8171267-0042 FAX 9401349-7302
VENDOR CULLUM PIPE SYSTEMS
NAME/ DELIVERY CENTRAL RECEIVING S50
ADDRESS P.O. BOX 8455 ADDRESS W/WW ENGINEERING
DALLAS TX 75205 901 B TEXAS ST
DENTON, TEXAS 76201
JIM WILLIAMS
VENDOR NO. CUL47000 DELIVERY OLOTED 09 30 97 FOB DESTINATION BUYER TS TERMS
L s~, eWdo .:?,4a,a'°r ~ .y.:, .7 v~ Sc; S^,`ya, F" ~T ..N yY `m,:°}'.i~e~r.'~ :'r'r '~•~a1i4' ,3>Y~`.~J~°X,,C ,
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001 34691.90 55 VENDOR CAT. I N / A NFG NAME 1.000 34,691.90
CITY 196868
PIPE BURSTING EXISTING B" SANITARY SEWER LINE BETWHEN
CHERRYWOOD LAND AND NORTHWOOD TERRACE
IN THE CRESTWOOD HEIGHTS SUB. DIVISION.
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P OE TOTAL t 34,691.90
OR ND TOTAL s 34,691.911
01 625 082 0471 V717 9114 34,691.90
fNf)!kl MS1AilCT10N5 3. Terms • Nei 37 s •o• •"•«a•,r
Sent sritimal invoice with duplieale go". 4. Shipping instructions: V08 Destination jrepaie sw„ ."..h. ti.A 4)
Bill to - Accorml$ Fapabte S. NO Federal 4r $1419 Will 948 shall N MCludel -
It$ E. Mims" St I rn pkal billed ue asxq Division
Dentak TX 7i201,42i11,,PLIRCHASING
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C1TY OF DENTON MUNICIPAL UTILITIES • 901-A TEXAS STREET DENTON. TEXAS 76201
Notice of Emergency Bid:
The City of Denton is requesting bids for pipe bursting on a existing 8' sewerline. The
project is located in the City of Denton between Cherrywood and Northwood in an
utility easement that runs to Roberts Street.
The contractor will provide all the necessary labor, machinery, tools, material,
apparatus, and other items incidental to construct the project.
ESTIMATED QUANTITIES
LTF'+A QUANTIFY UNIT COST TOTAL
Polyethylene 573' 45. 30 25 956 , 90
Pipe
4" Services with 13 each 45.00 ¢35, 00
Double C.O. '
Reconstruct 2 ea:h ~~~J, 00 ~r 300. W
Manholes(approx.
5' deep) '
TOTAL COST S D
Company; DX_ BY- -
[ 5504b9 _Y"
allay , Tx , 75355
All workmanship and material shall conform to the City of Denton and North Texas
Council of Government standard specifications amendments.
` Bids will be due on July 23, 1997 at 2:00p.m. at the Water/Wastewater Engineering
Department, 901-A Texas Street, Denton, Texas 76201. C/O Michael Leavitt.
• If you have any questions about the project, you can contact Jerry Cosgrove at 940-349-
7189 or myself at 940-349-7325.
Thank you,
• Q ~un'W O 16
M chael Leavitt
Manager of Construction Projects
'Dedkafed to Ouafity Service'
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Agenb No.~
Agenda Item
ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, state Iwo.- and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public
health or safety of the citizens of the city, or in case of unforeseen damage to public property,
machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the following emergency conditions outlined in the memorandum
attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. 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, er to protect the public health of the citizens of the city, or to provide for
unforeseen damage to public property, machinery orequipment, and by reason thereof, the following
emergency purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" attached hereto, ar,: hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
75694 THE PROVIDENT GROUP S31,848.00
• 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 in the
attached Purchase Orders and to make payment therefore in the ame::ats therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such purchases
by the City from the requirements of competitive bids.
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SECTION 111, T ,.,.t this ordinance shall become effective immediately upon its passa;c and
approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, Ci fY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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DATE: AUGUST 5, 1997
CITY COUNCIL REPORT
TO: Ivtayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of finance
SUBJECT: EMERGENCY PURCHASE ORDER N75694 ISSUED TO THE PROVIDENT
GROUP IN THE AMOUNT OF $31,848.00
RECONLNIENDATION: We recommend this emergency purchase order to The Provident Group
in the amount of $31,848.00 be approved.
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SUDL\L1RY: This purchase order was initially issued for $14,600.00 for environmental analysis
and indoor air quality testing for the Library and Denton Municipal Complex (DMC). Due to the
complexity of the DMC project, further data is needed to adequately document the air quality status.
This work will require an additional $17,248.00 which will increase the purchase order over the
515,000 amount which requires City Council approval. This project qualifies a-, an emergency that
affects public health or public safety and is exempt from the formal bid process per Texas Local
Government Code Chapter 252.
PROGRA9IS, DEPARTIlIENTS OR GROUPS AFFECTED: Risk Management Employees
working at DMC and Citizens conducting business at DMC.
FISCAL IMPACT: Funds for this project will be taken from 1997 Risk Management Funds
Account Number 740-004-0028.8502.
Attachments: PO # 75694
Scope of work - The Provident Group
Respectfully submitted:
SL
Kat u- se
Executive Director of Finance
Prepared by:
• Name: Denise Harpool t
Senior Buyer
'title:
r • Approved: r~ • •
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
908.ACENDA
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PURCHASE ORDER N0: 75694 THIS IS A XX1(
This number must appear on all ~~MR
invoices, delivery slips. cues, 11F MARKED)
tins, boxes, pacbMO sips and bills. DO NOT DUPLICATE
Rey Na Bid Na Date: 06 13 97 Pape No. O1
CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-8 TEXAS STREET I DENTON. TEXAS 76201-4354
8171383-7100 DOW METRO 617/267-0042 FAX 8171383-7302
VENDOR THE PROVIDENT GROUP
NAME/ PO BOX 592 DELIVERY CONFIRMATION ONLY C54
ADDRESS ADDRESS RISK KOMT
DENTON TX 76202 215 E NCKINNEY
DENTON TX 76201
JAMES D WILSON J
VENDOR N0. PR049600 DELIVERY QUOTED 07 15 91 FOB DESTINATION BUYER TS TERMS
yY.' yk ,
001 4800.00 SS VENDOR CAT. I N / A MFG NAME 1.000 4,800.00
CITY i 96132 j
ENVIRONMENTAL ANALYSIS AND INDOOR AIR QUALITY TESTING f!f
PUBLIC LIBRARY
002 9800.00 VENDOR CAT. # N / A MFG NAME 1.000 9,800.00
CITY # 96132 I
ENVIRONMENTAL ANALYSIS AND INDOOR AIR QUALITY TESTING-DMC I
003 17248.00 VENDOR CAT. / N if A MFG NAME 1.00 17,248.00
0 CITY / 96132
ENVIRONMENTAL ANALYSIS AND INDOOR AIR QUALITY TESTING AND RECOMMENDATIONS
DNC
P GE TOTAL 1 31,648.00
~ OR ND TOTAL t 31,848.00
0 01 740 004 0028 8502 14,600.00
YTNOOR INSIRIXTIONS, l 7. Terms - Nel ]0 e"''•" °i'••• vi•ai
1, Send eripiriel invslee with duPliale COPY. i s. Shipping inslrucasnt F,01 Oeslr,Hlmn prePxl P.a...M,im.. •r•Pe•n
1 2. Sill is - Accts Paya6d 3. No federal er slelO ales 4s shell be xKluded at rer0 n:mn
115 E. MCF+nne St in FNKCS billed
i PURCHASING `
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Demon, T11 762 11-1291
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PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL EVALUATION
STATE OF TEX;.S 5
COUNTY OF DENTON 5
THIS AGREEMENT is made and entered into as of the day of
August, 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 called "OWNER" and
The Provident Group, with its corporate office at 207 West Hickory,
Suite 107, Denton, Denton County, Texas 76201, hereinafter called
the "CONSULTANT", acting herein, by and through their duly
authorized representatives.
WHEREAS, it is necessary to obtain the services of qualified
safety professionals to evaluate and abate environmental matters in
the Denton Municipal Complex; and
WHEREAS, such an environmental evaluation is necessary to
preserve or protect the public health or safety of the City's
residents;
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection with the Project as stated in the
sections to follow, with diligence and in accordance with the
highest professional standards customarily obtained for such
services in the State of Texas. The professional services set out
Y herein are in connection with the following described project:
Complete a baseline environmental study of the Denton Municipal '
Complex and obtain samples of areas as required. Evaluate data and
observations, and present conclusions and recommendations.
` ARTICLE II
e SCOPE OF SERVICES
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The CONSULTANT shall perform the following services in a
professional manner;
A. The CONSULTANT shall perform all those services as necessary
and as described in the CONSULTANT's Scope of Services dated
July 28, 1997, which is attached hereto and made a part hereof
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as Exhibit "A" as if written word for word herein.
B. 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.
ARTICLE III
PERIOD OF SERVICE
This Agreement snall become effective upon execution of this
Agreement by the OWNER and the CONSULTANT and upon issue of a
notice to proceed by the OWNER, and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
extensions approved by the OWNER. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of
the essence in this Agreement. The CONSULTANT shall make all
reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by
the OWNER, acting through its City Manager or his designee.
ARTICLE IV
COMPENSATION
A. BILLING AND PAYMENT:
For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay,
based on the cost estimate detail at an hourly rate shown in
Exhibit "C" which is attached hereto and made a part of this
Agreement as if written word for word herein, a total fee,
including reimbursement for direct non-labor expenses not to
exceed seventeen thousand two hundred forty-eight dollars
($17,248.00).
Partial payments to the CONSULTANT will be made 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.
' Nothing contained in this Article shall require the OWNER to
pay for any work which is unsatisfactory, as reasonably deter-
mined by the City Manager or his designee, or which is not
submitted in compliance with the terms of this Agreement. The
OWNER shall not be required to make any payments to the CONSUL-
TANT when the CONSULTANT is in default under this Agreement.
It is specifically understood and agreed that the CONSULTANT C
shall not be authorized to undertake any work pursuant to this
v/I Agreement which would require additional payments by the OWNER
for any charge, expense, or reimbursement above the maximum not
to exceed fee as stated, without first having obtained written
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authorization from the OWNER.
B. 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
(W per month from the said sixtieth (60th) day, and, in
addition, the CONSULTANT may, after giving seven (7) days'
written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, pruvided,
however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) set forth herein if the OWNER
reasonably determines that the work is unsatisfactory, in
accordance with this Article IV, Compensation.
ARTICLE V
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.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT land
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service, and shall become the property
of the OWNER upon the termination of this Agreement. The CONSUL-
TANT is entitled to retain copies of all such documents. The
documents prepared and furnished by the CONSULTANT are intended
only to be applicable to this Project, and OWNER's use of these
documents in other projects shall be at OWNER's sole risk and
expense. In the event the OWNER uses any of the information or
materials developed pursuant to this Agreement in another aroject
or for other purposes than specified herein, CONSULTANT is rz:leased
from any and all liability relating to their use in that project.
• ARTICLE VIZ
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent
contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
ARTICLE VIII
• INDEMNITY AGREEMENT • •
The CONSULTANT shall indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and agains= any
and all liability, claims, demands, damages, losses, aid expenses,
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including, but not limited to court costs and reasonable attorney
fees incurred by the OWNER, and including, without limitation,
damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
Nnthing 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 parties' 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 IX
INSURANCE
During the performance of the services under this Agreement,
CONSULTANT shall maintain the following insurance with an insurance
company licensed to do business in the State of Texas by the State
Insurance Commission or any successor agency that has a rating with
Best Rate Carriers of at least an A- or above:
A. Professional Liability Insurance with limits of not less than
$1,000,000 annual aggregate.
B. The CONSULTANT shall furnish insurance certificates or insur-
ance policies at the OWNER's request to, evidence such
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 X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
1 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 arbitration
or alternate dispute resolution arising out of or relating to this
Agreement, involving one party's disagreement, may include the
other party to the disagreement without the other's approval.
ARTICLE XI
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 ir. rrt in the
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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 reque-3ted) of
intent to terminate and setting forth the reasons sp•ec.fying
the nonperformance, and net 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 agreement is terminated prior to completion of the ser-
vices to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services
to the OWNER within 30 days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered
and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination, in ac-
cordance with Article III "Compensation". Should the OWNER
subsequently contract with a new consultant for the continua-
tion of services on the Project, CONSULTANT shall cooperate in
providing information. The CONSULTANT shall turn over all
ocuments 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.
ARTICLE RII
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 responsi-
bility by the OWNER for any defect in the design or other work
prepared by the CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE XIII t
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: r
To CONSULTANT: To OWNER:
The Provident Group City of Denton
Jim Wilson, President Max Blackburn, Risk Manager I~
207 W. Hickory, Suite 107 215 E. McKinney A 0
Denton, Texas 76201 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.
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ARTICLE XIV
ENTIRE AGREEMENT
This Agreement, consisting of V 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 con-
temporaneous offers, promises, representations, negotiations,
discussions, communications, and agreements which may have been
made in connection with the subject matter hereof.
I.RTICLE XV
SEVERABILITY
If any provision or 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
and shall not cause the remainder to be invalid or unenforceable.
In sucl- event, the parties shall reform this Agreement to replace
such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local
laws, rules, regulations, and ordinances applicable to the work
covered hareunder as they may now read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required 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.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its
own expense, all personnel required to perform all the services
required uncler this Agreement. Such personnel shill not be
employees or officers of, or have any contractual relations
with the OWNER. CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of interest that may
ariee during thr term of this Agreement.
B. All services required hereunder will be performed by tLe
• CONSULTANT or under its supervision. All personnel engaged in O
work shall be qualified, and shall be authorized and permitted
under state and local laws to perform such services.
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ARTICLE XIX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by
assignment, novation, or otherwise) without the prior written
consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, or 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 betweer. 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 and duly executed; and the parties
further agree that the provisions of this section will not be
waivd unless as herein set forth.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits): Exhibit A - Scope of Services
b. CONSULTANT agrees that OWNER shall, until the expiration of
three (3) year- after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
books, documents, papers, and records of the CONSULTANT involv-
ing transactions relating to this Agreement. C014SULTANT agrees
that OWNER shall have access during normal working hours to all
necessary CONSULTANT facilities and shall be provided adequate
and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT
reasonable advance notice of intended audits.
` C. Venue of any suit or caus3 of action under this 1.9reement shall
1 lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
0 D. For the purpose of this Agreement, the key persons who will
i perform most of this work hereunder shall be Jim Wilson.
However, nothing herein shall limit CONSULTANT from using other
qualified and competent members of its firm to perform the
services required herein.
( E. CONSULTANT shall commence, carry on, and complete any and all
0 projects with all applicable dispatch, in a sound, economical, ® O
J 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.
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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 thereto,
and make all provisions for the CONSULTANT to enter in or upon
public and private property as required for the CONSULTANT to
perform services under this Agreement.
G. The captions of this Agreement are for informational purposes
only, and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager, and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of ,
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I'4 CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PRODUTY, CITY ATTORNEY
By: ~ 1f
THE PROVIDENT GRO
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J M WI O , RESIDENT
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WITNESS:
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EXHIBIT "A"
THE PROVIDENT GROUP
Environmental, Occupational lleolth, & loss Prevention Consultants
July 28, 1997
Mr. Tom Shaw, CPM
Manager, Purchasing
City of Denton
901-B Texas Street
Denton, Texas 76201
Re: Revision to PO-75694, "Proposal for evaluation, monitoring, and consulting services at the
Denton Public Library and Denton Municipal Complex (D1iC)"
As a result of the professional services conducted at the DMC (the formation of the DMC
Building Air Quality Task Force, interviews with affected employees, and initial review of the
physical premises) it is necessary that PO-75594 be revised to accommodate the needed baseline
review. Initially, it was understood that existing data were adequate to document current building
air quality status and could be used to develop appropriate action plans as required.
However, review by the Task Force indicate existing data are inconclusive and in some cases
questionable. The following is a scope of professional services proposed with appropriate listing
of fees for completion.
Phase L Conduct a complete on-site baseline study of the entire facility. Criteria to be
considered are:
1. General building design and structure.
2. General building condition and characteristics.
3. Characterization of building activities.
4. Division of building into potential exposure zones.
5. HVAC system operating parameters, condition, and performance (all
35-40 air handling systems must be evaluated)
6. Other detailed assessment to aid in development of sampling protocol.
Phase IL Sampling of all occupied, or potentially occupied work areas for carbon dioxide,
particulates, viable spore count, volatile organic compounds, air flow patterns,
temperature, and humidity, and others parameters tiiat are necessary as the process
is developed.
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Phase III Evaluation and interpretation of all data and observations. Completion of reports.
Presentation and review with all appropriate staff and employees as appropriate.
Presentation of conclusions and recommendations. As with the initial proposal, all
sample media, analysis, and equipment will be charged to an already existing City
Projected start date. August 5, 1997. Projected completion date September t, 1997, f
Total fees ................................................................................517.248.00
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If there are questions please contact us at 940-898-0861_
Sincerely,
FD~VT GROUP
mes D. 1Vilson CIII, CSP, REAP, MINI, CPSAf
President
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9 0-3a
Apentla No.
Agenda Item
Date S_Z
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR
FINANCIAL ADVISORY SERVICES AND OTHER FEES TO FIRST SOUTHWEST
COMPANY; AND PROVIDING AN EFF' CTIVE DATE.
WHEREAS, in order to comply with legislative requirements for payment of financial
advisory services or other fees, the City of Denton is required to pay to First Southwest
Company; and
WHEREAS, the City Manager has reviewed and recommended that the Council
approve the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the expenditure of funds In the amount of S45,075.94 to be paid
to First Southwest Company, is hereby authorized.
SECTIONIL That this ordinance shail become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the _ day of _ 11997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: I
HERBERT L. PROUTY, CITY ATTORNEY
BY:
' • rsa.oxn _ ~ A •
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DATE: AUGUST 5, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: CHECK REQUEST TO FIRST SOUTHIVEST COMPANY IN THE AMOUNT OF
$45,075.94
RECOMMENDATION: We recommend this check request be approved for payment to First Southwest
Company in the amount of $45,075.94.
SUMMARY: This check request and attached invoice are for Financial Advisory Services rendered in
connection .vith the sale and delivery of S4,700,000.00 General Obligation Bonds, Series 1997.
The payment of financial advisory fees and any other fees associated with bond sales is a term and condition
of our contract with First Southwest Company.
PROGRAMS, DEPARTMENTS. OR_GROUPS_AFFECTED. General Obligation Bond Sales and
Finance Department Operations.
FISCAL IMPACT: Funds for the payment of these fees are available from the bend sales account number
459-040-BOND-0003-8421.
Attachments: Check Request
Statement for First Southwest Company
Respectfully submitted:
}
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8 ll ose
Executive irecior of Finance
App oved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
906.AGENDA
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CHECK REQUISITION -,VOUCHER,
PAY TO: ' i♦ f - ....fi w~,b~
•/wAA ~~/./~I`1~~L /1/il/ QI// r ~_~<!'a ~ i~ CHECK NUMBER
7,4, lp'y 17
AMOUNT
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DiYWCE OATS, NUMBER ANDJOR EXPLANATION ACCT. NO. NET WV. AM.
F, 194~~Y D~~raaoc. y59-.D~ dcN~J-aa~
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THE ABOVE HAS BEEN REVIEWED AND RECOMMENOATm FOR sum is MADE W HEbWDERSIGNEO
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n., ALCOU•RMO Ai9F_ rAL
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CRY Y.1NAG6A APM"AL OPECTOR OF F%VKX APVnWU
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FIN A N. CIC7 l
David K NWArich
Dlrtrla
July 16, 1997
Ms. Kathy DuBose
Director of Finance
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Kathy:
Attached you will rind our Statement for Financial Advisory Services rendered in connection with
the sale and delivery of $4,700,000 City of Denton, Texas General Obligation Bonds, Series 1997.
If you should have any questions concerning the attached, plerse contact me. It was a pleasure to
be of service to you and the City in this matter.
Very truly yours,
David K. Medanich
Attachment
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UJVESTSIF-stir HANKERS
x700 ncu-ific.la nue • Suite S00 • Daflas, Tiros 752014632.214-?534019 • FAX 221.953-4050
4
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David K Medanich
DirK
STATEMENT
July 16, 1997
City of Denton, Texas
Financial Advisory services rendered and expenses incurred by First Southwest Company
associated with the S4,700,000 City of Denton, Texas General Obligation Bonds, Series 1997
ExMnses:
Financial Advisory Fee $21,250.00
Travel-Bond Credit Ratings 6,682.52
Printing, Mailing and Distribution of Official Statement 5,143.42
Moody's Rating Fee 6,500.00
Standard & Pooes Rating Fee 5,500.00
Total Amount Due First Southwest Company 145,075.94
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1700 Pack Arenue • Suite 300 • DaIW, roar 752014642.214.953-000 • FAX 214.9$14050
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s:~oocs assw~sss.ass Agenda No,
Ag mda Item ~(o
Date. -
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RESOLUTION NO.
A RESOLUTION APPOINTING BILL GIESE TO THE BOARD OF DIRECTORS OF THE
TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, term of office of Bill Giese on the Board of Directors
of the Texas Municipal Power Agency has expired; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I. That pursuant to the ter7na and provisions of
ordinance No. 75-22 of the City of Denton, Texas, Bill Giese is
hereby appointed to a two year term of office on the Board of
Directors of the Texas Municipal Power .Agency, the term of office
beginning July 31, 1997 and ending July 30, 1999.
$ECTIQN II. That this resolution 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: f
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APPROVED AS TO LEGAL FORM: r
HERBERT L.PROUTY, CITY ATTORNEY
Y "IA G+ 1 / I ~~Y
BY-
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~QC#QG 2.41997
A4AR 2 Z 7997
Serrins the v Wks of Bryan, Denton, Garland & Greenrnk.
Off MANAGER'S OFFICE
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March 19, 1997
Mr. Ted Benavides, City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
RE: Board Member Appointment
Dear Mr. Benavides:
our records indicate that Dr. Bill Giese's terra as a Member of the Board of
Directors of the Texas Municipal Power Agency will expire during the month of
July 1997.
After the City Council reaches a decision on this matter, please send ■e a
certified resolution specifying the person selected to represent your City on
the TMPA Board of Directors.
Your cooperation is appreciated.
Sincerely yours,
• Wanda M. Callahan
,
Assistant Secretary
TMPA Board of Directors
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Agenda Nn. ~3
Agenda Ite
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CITY COUNCIL REPORT
TO: Mayor and Member of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: VOTE FOR MEMBER TO DENCO AREA 911 BOARD
RECOMMENDATION:
Staff recommends that the City Council vote for a member to the Board of Managers of the Denco Area
9-1-1 District and approve the attached esolution.
SUMMARY:
The Denco Area 9-1.1 District created in 1987 is governed by a board of mapagers. The board is
appointed by the county, participating cities and the Denton County Fire Chiefs Association. Board
members serve staggered two year terms and are eligible for reappointment, The Em, agency Telephone
Number Act states "the board shall manage, control and administer the district. The board may adopt
rules for the operation of the district."
This year, term of Mayor Olive Stephens expires on September 30, 1997 (see attached letter). The City
Council nominated Mayor Stephens for re-election in Jul).
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The citizens of Denton are affected by the henco Area 9-1-1 District.
ff i
FISCAL IMPACT:
r
This resolution has no fiscal impact.
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City Council Report
Page 2
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared by:
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Executive Director of Finance
AFF01519 D
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DENCO AREA 9-1-1 DISTRICT
• 1075 Princeton Street, Lewisville, Texas 75067 - E-Mail: denco®pte.net
Phone>TN: 972-221 0911 • FAX: 972.420-0709 '
ti
TO: Mayors of Cities in Denton County
FROM: Mike Pedigo, Executive Director
DATE: July 14, 1997
RE: Appointment to the Denco Area 9-1-1 District Board of Managers
On June 2, 1997, the Denco Area 9-1-1 District requested participating cities to
nominate a representative to the district board of managers. The following
nominations were received by the July 11 deadline:
Nominee City Making-.Ngmination
Mayor Olive Stephens, Shady Shores Argyle, Carrollton, Denton
Lewisville, Pilot Point
The Colony
Jason Pierce, Aubrey Aubrey
The Denco Area 9-1-1 District requests each participating city to vote for one of
the candidates and advise the district of its selection prior to September 25,
1997, Please send a copy of the resolution nr m;rtutes recording council action.
Enclosed is a sample resolution you may wish to use. Also enclosed is a copy of
the June 2 memo outlining the process.
Please mail your response to Denco Area 9-1.1 District, P.O. Box 293358,
Lewisville, TX 75029-3058 or fax it to 972-420-0709.
• Thank you for your support of the Denco Area 9-1-1 District.
• Y • • .
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RESOLUTION NO.
A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE I
DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office of Olive Stephens, a member of
the Board of Managers of the Denco 9-1-1 District, will expire on
September 30, 1997; and
WHEREAS, Article 1432e, Section 5, V.A.C.S. provides that two
voting members of the Board of Managers of an Emergency Communica-
tion District shall be appointed jointly by all cities and towns
lying wholly or partly with the district; and
WHEREAS, the City of Denton, Texas wishes to vote for a
member to said Board; Now, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES:
SECTION 1. That the City of Denton, Texas hereby votes for
as a member of the Board of Managers
of the Emergency COmmuniCn District of Denton County for a two
year term to commence October 1, 1997.
SECTION II. That this resolution shall become effective im-
mediately upon its passage and approval.
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 i t
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BY:
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Agenda Ne._._ [ 7 - 03.3
Agenda ltam
Oate
CITY COUNCIL REPORT
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TO : MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM : R.E. NELSON, P.E„ EXECUTIVE DIRECTOR OF UTILITIES
DATE: August 5, 1997
SUBJECT : CONSIDER AWARD OF A PROFESSIONAL SERVICES CONTRACT
TO RUST LICHLITERIJAIIIESON FOR THE DESIGN OF THE
RANCHO DEL LAGO LIFT STATION AND FORCE MAIN.
RECOMMENDATION
The The Public Utilities Board recommends award of a contract (Exhibit II) to Rust
LichliterUameson (see Exhibit III - PUB agenda item). The amount of the
contract was renegiotation after the PUB recommendation. The contract amount was
reduced from $31,500 to $24,500.
SU111AIARV
Rancho del Lago is a proposed subdivision on the shore of Lake Lewisville. There are
approximately 368 residential lots ranging in size from 1 acre to 7 acres, The
developer was proposing to use on-site sewerage disposal for all the lots in the
development, The City does not want to have so many on-site sewage disposal systems
so close to our drinking water supply. To protect our water supply, Staff proposed to
the developer that the City construct one lift station, located near Mills Road and
Trinity Road, and they construct one lift station, located south of this location. This
t contract includes the design of our lift station, the force main and gravity line (a total
distance of approximately 3,750 feet) that will connect to our existing system. This lift
station may be a temporary station. It may be replaced witha future Cooper Creek Lift
station. With this proposal, approximately 270 lots will be on city sewer service. The
majority of the remaining lots will be the larger sized lots. It would not be
economically feasible to connect them to city sewer. This proposal meets the needs of _
p both the City and the developer, Land Advisor Inc. •
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BACKGROUND
The Cooper Creek Lift Station is not adequate to handle all flows. The Capital
Improvement Plan contains a project to address his issue. The site of the lift station in
this contract may be the site of the new Cooper Creek Lift Station. The site will be
large enough to provide for this option. A Request for Proposals to evaluate options
for the Cooper Creek Lift station will be issued late summer/ early fall.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Citizens of Denton, Denton Municipa: Utilities, Land Advisor Inc. and Rust
LichliterVameson.
FISCAL IMPACT
This project is not included in the CIP. However, $4.2 million was included in the CIP
to construct a new Cooper Creek Lift Station. We propose to use this funding for the
proposed project. $275, 000 was included in last year's CIP for design and surveying.
The City Staff estimates the construction cost of this project to be $150,000 to
$200,000.
RESPECTFULLY SUBMITTED :
R.E. Ncison, P.E.
Executive Director of Utilities
Prepared by
•
J' Jordan .E.
Interim Director of Water/Wastewater Engineering
and Field Services
• • •
Exhibit I. Ordinance
11. Contract
111. May 1997 PUB Agenda Item
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES-
SIONAL SERVICES CONTRACT WITH RUST LICHLITERIJAMESON FOR PROFES-
SIONAL ENGINEERING SERVICES ON THE RANCHO DEL LAGO LIFT STATION;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EF-
FECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to enter into a professional
services contract with Rust Lichliter/Jameson for professional engineering services on the Ran-
cho del Lago lift station, a copy of %Nch is attached hereto and incorporated by reference herein.
UOTIQN- J1. That the City Manager is authorized to expend funds as required by the
attached contract.
SHCTION If j. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1997.
i JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
E:IDOC ORDAMCHO DEL LAOOORD
EXHIBIT
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PROFESSIONAL SERVICES AGREEMENT
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FOR TEMPORARY LIFT STATION DESIGN - RANCH DEL LAGO
STATE OF TEXAS 5
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the day of
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 Rust Lichliter/3ameson, with its
corporate office at 1420 W. Mockingbird Ln., Suite 300, Dallas,
Texas 75247, hereinafter called the ("CONSULTANT") acting herein, by
and through their duly authorized representative.
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree as
follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
• The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the services
herein in connection with the Project as stated in the sections to
follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of
Texas. The professional services set out herein are in connection •
with the following described project:
EXHIBIT II
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The Project shall include without limitation, the design of a
sanitary lift station, forcemain and gravity sewer to serve the
Rancho del Lago subdivision. The lift station will be located near
the intersection of Cooper Creek and Trinity Road. The forcemain
and gravity line will connect this lift station with the Grissom
Lift Station located approximately 3,800 feet to the south on
Trinity Road.
ARTICLE U
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
professional manner:
A. The CONSULTANT shall perform all those services as necessary and
as described in CONSULTANT's letter dated May 14, 1997, Paragraph
A, which is attached hereto and made a part hereof as Exhibit
I
"A" as if written word for word herein.
B. 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.
ARTICLE ;_U
ADDITIONAL SERVICES
• Additional Services to be performed by the CONSULTANT, if
authorized by the OWNER, which are not included in the above
described basic services, are described as follows:
A. During the course of the project, as requested by OWNER, the
• CONSULTANT will be available to accompany OWNER'a personnel when 0 •
meeting with the Texas Natural Resource Conservation Commission,
U.S. Environmental Protection Agency, or other regulatory
agencies. The CONSULTANT will assist OWNER personnel on an as-
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needed basis in preparing compliance schedules, progress
reports, and providing general technical support for the OWNER'a
compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall be
furnished by CONSULTANT on a fee basis negotiated by the
respective parties outside of and in addition to this Agreement.
C. Sampling, testing or analysis beyond that specifically included
in Basic Services.
D. Preparing copies of Computer Aided Drafting (CAD) electronic
data bases, drawings, or files for the OWNER's use in a future
CAD system.
E. Preparing applications and supporting docurients 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
reports for assistance to the OWNER.
G. Addition of telemetry or other data transmission devices.
•
H. Preparation of easement and/or right-of-way documents.
I. Any other services not lisced as Basic Services in letter
proposal of May 14, 1997, or as set forth as Basic Services in
• this Contract. y •
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ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the
OWNER and the CONSULTANT of this Agreement and upon issue of a
notice to proceed by the OWNER and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
extensions approved by the OWNER. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of the
essence in this Agreement. The CONSULTANT shall make all reasonable
efforts to complete the services set forth herein as expeditiously
as possible and to meet the schedule established by the OWNER,
acting through its City Manager or his designee.
ARTICLE Y
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the
CONSULTANT in employment of others in outside firms for
services in the nature of geotechnical, electrical,
pump/station recommendations and designs.
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipment, travel, communications,
A subsistence and lodging away from home and similar
incidental in connection with that assignment. ,
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be A
performed by the CONSULTANT herein, the OWNER agrees to pay
based on the cost estimate detail at the rate shown in the
Letter dated May 14, 1997, Paragraph C, except that expenses,
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subcontractors and subconsultants will be reimbursed at cost
plus Ten (10) percent, is attached hereto and made a part of
this agreement as if written word for word herein, a total fee
including reimbursement for direct non-labor expense not to
exceed Twenty Four Thousand Five Hundred Dollars and Zero Cents
($24,500.00).
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the I
owner through its City Manager or his designees; however, under I
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 5t of the contract
amount until completion of the project.
Nothing contained in this Article shall require the owner to pay
for any work which is unsatisfactory as reasonably determined by
the City Manager or his designee or which is not submitted in
compliance with the terms of this contract. The City shall 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 OWNER
for any charge, expense or reimbursement above the maximum not
to exceed fee as stated without first having obtained written
authorization from the OWNER. The CONSULTANT shall not proceed
• to perform the services listed in Article IV. Additional
Services, without obtaining prior written authorization from the
owner.
• C. ADDITIONAL SERVICES •
For additional services authorized in writing by the OWNER in
Article IV, the CONSULTANT shall be paid based on the Schedule
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of :harges at the rate shown in Articir V, Paragraph e, but only
if such services are authorized by the OWNER's City Council.
Payments for additional services shall be due and payable upon
submission by the CONSULTANT and shall be in accordance with
subsection 8 hereof. Statements shall not be submitted more
frequently than monthly.
D. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of
the CONSULTANT'S undisputed statement thereof, the amounts dve
the CONSULTANT will be increased by the rate of one percent (it)
per month from the said sixtieth (60th) day, and in addition,
the CONSULTANT may, after giving seven (7) days' written notice
to the OWNER, suspend services under chic 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 one percent (it) set
forth herein if the cwner reasonably determines that the vork is
unsatisfactory, in accordance with this Article V, Compensation.
ARTICLE }(1
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence
A in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any subcontractors or
subco-,sultants.
A ARTICLE YL~ 0
r O:'TIERSHIP OF DOCUMENTS
J
All documents prepared or furnished by the CONSULTANT (and
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CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
of the OWNER upon the termination of this Agreement. The CONSULTANT
is entitled to retain copies of all such documents. The documents
prepared and furnished by the CONSULTANT are intended only to be
applicable to this project and OWNER'S use of these documents in
other projects shall be at OWNER'S sol° 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 frc-m
any and all liability relaying to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent
contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
ARTICLE ,j,$
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the
OWNER and its officers, agents, and e~ jloyees 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
0 I for bodily and personal injury, death and property damage, resulting
from the negligent acts or ondssions of the CONSULTANT or its '
officers, shareholders, agents, or employees iii the execution,
operation, or performance of this Agreement.
A Nothing in this Agreement shall be construed to reate a • •
J 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
I
or equity, to any claim, cause of action or litigation filed by
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anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly reserved.
ARTICLE S
INSURANCE
During the performance of the Services under this Agreement,
CONSULTANT shall maintain the following insurance with an insurance
company licensed to do bueiness in the state of Texas by the State
Insurance Commission or any successor agency that has a rating with
Best Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury
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 occurrence 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 person and not less than $500,000
for each accident ani 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.
E. The CONSULTANT shall furnish insurance certificates at the
OWNER's request to evidence such coverages. The insurance
6 policies shall name the OWNER as an additional insured on all • $
such policies except "Professional Liability insurance" and
shall contain a provision that such insurance shall not be
canceled or modified without 30 days prior written notice to
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OWNER and CONSULTANT. In such event, the CONSULTANT shall,
r` prior to the effective date of the change or cancellation, serve
substitute policies furnishing the same coverage.
ARTICLE X-1
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 arbitration or
alternate dispute resolution arising out of or relating to, this
agreement involving one party's disagreement may include the other
party to the disagreement without the other's approval.
ARTICLE KU
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 :n 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
• intent to terminate and setting forth the reasons specifying the
nonperformance, and not less than 30 calendar days to cure the
failure, and (2) an opportunity for consultation with the
terminating party prior to termination.
0 C. If the agreement is terminated prior to completion of the ser- O
vices to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services to
the owner within 30 days after the date of termination. The
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OWNER shall pay CONSULTANT for all services properly reidered
and satisfactorily performed and for reimbursable erpenses to
termination incurred prior to the date of terminat..on in ac-
cordance with Article IV, Compensation. Si.ould the OWNER sub-
sequently contract with a new CONSULTANT for the continuation of
services on the project, CONSULTANT shall co,>perate 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.
ARTICLE }f III
RESPONSIBILITY FOR CLAIMS AND LIADILITIES
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.
ARTICLE xjjt
NOTICES
All notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the i
respective parties by depositing same in the United States mail at
the addreso shown below, certified mail, return receipt requested
• unless otherwise specified herein. Mailed notices shall be deemed j •
communicated as of three days mailing:
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To CONSULTANT: To OWNER:
Rust Lichliter/Jameson City of Denton
ATTN. Rodney E. Zielke ATTN: Gerald P. Cosgrove, P.E.
Vice President Engineering Administrator
1420 W. Mockingbird Ln., #300 401-A Texas Street
Dallas, Texas 75247 Denton, Texas 76201
A] Aces shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing.
ARTICLE XY
ENTIRE AGREEMENT
This Agreement consisting of 15 pages and one exhibit
constitutes the complete and final expression of the agreement of
the 1arties and is intended as a complete and exclusive statement of
the terms of their agreements and supersedes all prior
conte,mporaneous offers, promises, representations, negotiations,
discussions, communications and agreements which may have been made
in connection with the subject matter hereof.
ARTICLE M
SEVERABILITY
If any provision of this Agreement is found or deemed by a court
of competent jurisdiction to be invalid or unenforceable, it shall
be considered severable from the remainder of this Agreement shall
e 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 prevision which
cc,mes as close as possible to expressing the intention of the
stricken provision.
a I~ e o
ARTICLE XVII i
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws,
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rules, regulations, and ordinances applicable to the work covered
hereunder as they may now read or hereinafter be amended.
ARTICLE Xjt
DISCRIMINATION PROHIBITED
In performing the services required 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.
ARTICLE XU
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 lass to perform such services.
ARTICLE g](
ASSIGNABILITY
• 1 ,
The CONSULTANT shall not assign any interest in this Agreement
and shall not transfe,• any interest in this Agreement (whether by
assignment, novation or otherwise) without the prior written consent
of the OWNER.
ARTICLE -YtU
J MODIFICATION
Pose 12
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h No waiver or modification of this Agreement or of any covenant,
f 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 vnlesa such waiver or
modification is in writing, duly executed, and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits):
Exhibit A May 14, 1997 Letter
B. CONSULTANT agrees that OWNER shall, until the expiration of
three (3) years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
books, docume,~s, 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
1 and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT
• reasonable advance notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key person who will
perform mcst of this work hereunder sha'.1 be Rodney Zielke.
However, nothing herein shall limit CONSULTANT from using other
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qualified and competent members of their firm to perform the
services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all
projecce 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, and make ,All
provisions for the CONSULTANT to enter in or upon, public and
private property as required for the CONSULTANP to perform
services under this Agreement. Reuse of any documents or other
deliverables, including electronic media, pertaining to the
Project by Client of any purpose other than that for which such
documents or deliverables were originally prepared, or
alteration of such documents or deliverables without written
verification or adaptation by Rust for the specific purposes
intended, shall be at the Client's risk.
0. 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.
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IN WITNESS HEREOF, the City of Denton, Texas has caused this
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Agreement to be executed by its duly authorized City Manager and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of
19
CITY OF DENTON, TEXAS
k
Ted Benavides, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. P OUTY, CITY ATTORNEY
By:
RUST LICHLITER/JAMESON
By: -
R dney E. Z lke
Vice President
WITNESS:
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IKKI LICHLIITRIJAMESON
Ferin mme"& IsfrWt rurt 112'04 Stu L.ingbL:d L.n[, Sw It 5,16
Crmulunj Fnjrnrnn. S. env,u end Ninnrn D+II+.TY 7S:1'AM6
Td. 121 c 6,10 8a67
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May 14, 1997
Mr. Gerald P. Cosgrove, P.E.
Engineering Administrator
Denton Municipal Utilities
901-A Texas Street
Denton, Texas 76201
Re: Proposal for Engineering Services for a Sanitary Sewer
Lift Station to serve the Rancho del L ago Subdivision
Dear Mr. Cosgrove:
Rust E&I appreciates this opportunity to provide the City of Denton with a priced proposal for tue
referenced project. The proposed sanitary, sewer lift station is to be a temporary lift station that will
serve approximately 250 lots in the proposed Rancho del Lago Subdivision. This lift station will be
abandoned, removed and replaced in the future by the City of Denton with a larger lift sation that
will serve the Cooper Creek drainage area, Due to the temporary nature of the lift stat;on,
submersible pumps (no dry well) are proposed.
Based on our review of the City of Denton's Design Standards for Sewage Lift Stations and our
knowledge of the project, we propose the following scope of services:
1
A. BASIC SERVICES
1. Preliminary Design Submittal. Prepare and submit a prelminary design drawing
i and report for the proposed lift station in accordance with the City's Jklicn
Standards for Sewage Lift Stations.
2. Design Survey. Perform an on the ground topographic survey of the proposed lift
station site and force main alignment as necessary for design of the facilities.
td 3. Geotechnical Investigation. Contract and pay for a geotechnical investigation of •
the lift station site as required for design of the wet well. The Basic Services will
include one boring only.
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Mr. Gerald P. Cosgrove, P.E.
May 14, 1997
Page 2
4. Final Design Submittal Plan, Profile, Details, and Specifications. Complete the
referenced documents per the applicable Design Standards for Sewage I. ill Stations.
Note that no telemetry or RTU system is proposed for this lift station. If the City
later requires telemetry or RTU, design for said system will be performed under the
terms of "Additional Services" (see below).
5. Bidding. Assist ;he City in obtaining bids for project construction, including:
a. Prepare "Advertisement for Bids' to be published by the City,
b. Answer Contractor inquiries and prepare Addenda as required.
6. Construction. Assist the City in administering the construction contract as follows:
a. Attend Pre-Construction meeting with the selected Contractor and City staff.
b. Review shop drawings.
C. Attend a final inspection of the completed project with the City and
Contractor.
d. Provide as-built drawings.
7. Construction Staking. Provide control points for contractor construction staking.
B. ADDITIONAL SERVICES
Additional Services are defined as services that are requested by the Owner or tegtdred for
project completion which fall outside of the scope of Basic Services as outlined above.
Additional Services might include, but are not limited to: (1) Design of telemetry or other
data transmission devices; (2) Preparation of easement and/or right-of-way documents for
the force main and/or lib station site; and (3) Other services outside the scope of Basic
Services.
C. COMPENSATION '
Rust E&l proposes to complete the Basic Services at for a fee of $24,500.00. This amount
will not be exceeded without prior written authorization by the City of Denton. Additional
a, Services, when requested in writing by the City of Denton, will be performed a, time plus • •
materials basis as follows: 1) Labor to be billed at raw labor rate (wages) times a multiplier
of 3.41, (2) Expenses to be billed at cost plus 15%, (3) Sttbconsultants and subcontractors
to'): billed at actual cost plus 15%.
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Mr, Gerald P. Cosgrove, P.E.
May 14, 1997
Page 3
Please call me if you have any questions or require additional information.
Sincerely,
Rodney E. Zielke, P.E.
Vice President
Dallas Division
REZ/tlj
Q' WORK'L&NDCOMOUDLZPROPOS 4UWTSTA PRO
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MAY 19, 1997
PUBLIC UTILITIES BOARD AGENDA ITEM
TO : CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM : R.E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT : CONSIDER AIVARD OF A DESIGN CONTRACT TO RUST
LICHLITER/JADIFSON FOR THE RANCHO DEL LAGO LIFE
STATION AND FORCE MAIN
RECOMMENDATION
The Utilities Department Staff recommends award of a contract to Rust
LichliterUameson (Rust) in the amount not to exceed $31,500.
SUMMARY
Rancho del Lago is a proposed subdivision on the shoe of Lake Lewisville (see Exhibit
I). There are approximately 368 residential lots ranging in size from I acre to 7 acres.
The City does not want to have so many on-site sewage disposal systems so close to our
drinking water supply. The City has proposed to the developer that we construct one E
lift station, located near Mills Road and Trinity Road, and they construct one lift `
station. This contract (see Exhibit III for the scope of work) will cover our lift station,
the force main and gravity line (a total distance of approximately 3,750 feet) that will
connect w our existing system. This lift station may be a temporary station. It may be
replaced with the new Cooper Creek Lift station. With this proposal, approximately
270 lots will be on city sewer service. The majority of the remaining lots vill be the
larger sized lots. It would not be economically feasible to connect them to city sewer.
• This proposal meets the needs of both the City and the developer, land Advisor Inc.
BACKGROUND
The Cooper Creek Lift Station is not adequate to handle all flows. The CIP contains a
project to aJdress this issue. The lift station that the City will build may be the site of
thr new Cooper Creek Lift Station. A Request for Proposals to evaluate options for the • •
Cooper Creek Lift station will be issued late this summer.
aa~ EXHIBIT III
s
AGENCIES AFFECTED
Citizens of Denton, Denton Municipal Utilities, Land Advisor Inc. and Rust
UchliterVameson.
FISCAL IMPACT
This project is not included in the CIP. However, 84.2 million was included in the
CIP (see Exhibit II) to construct a new Cooper Creek Lift Station. We propose to
use this funding for the proposed project. $275, 000 was included in last year's CIP
for design and surveying.
Prepared by : Submitted by :
Gerald P. Cos ove, P.E. E. Nels n, P.E.
Engineering Administrator Executive Director of
Utilities
Approved by
99
3ord , P.E.
Interim Director of Water/Wastewater Engineering
and Field Services
Exhibit 1. Location Map
• It. CIP Detail Sheet
III. Rust LichliterVameson Preposai
a:VN)ancho d pub
~Ri. • .Mr.. T! ` ~rrr- ~IfMIMI{Wy~ ~!1!Vl,t~f ~1YL ~C'14~n__ _ .-yyy`
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Agenda No.- 9 ~p
Agenda Item
^LL_~-
Date CITY COUNCIL AGENDA ITEM
TO : MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM : R.E. NELSON, P.E., EXECUIIVF DIRECTOR OF UTILITIES
DATE: August 5, 1997
SUBJECT : CONSIDER AWARD OF A PROFESSIONAL SERVICES CONTRACT
TO CARTER & BURGESS, INC, FOR THE DESIGN OF THE DENTON
WEST LIFT STATION FORCE MAIN
RECOMMENDATION
The Public, Utilities Board recommends award of a contract (Exhibit II) to Carter &
Burgess, Inc. (CB) in the amount of $17,630 (see Exhibit III - PUB agenda item).
SUMMARI
The Ci aital Improvement Plan has a projec! io enlarge the size of the force main from
the Dtwon West Lift Station. CB are the engineers for the developer of Sundown
Ranch. 1700 feet of the 5,500 foot Denton West force main will be located on the
Sundown Ranch property in an existing easement Staff desires that the force main be
installed with or before development occurs. Therefore, staff proposed that tee
developer's engineer design both the water and sewer improvements for the subdivision
and the force main. This coordination is beneficial to the developer, lack Shelton, and
to the City.
i BACKGROUND
This item was included in the 1996 capital budget for design. The design has not started '
due to higher priority of other projec3. It is in this )ear's budget for construction.
The wastewater system has seen significant growth in the Denton West Lift Station
• service area in the recent years, Three sections of the Estates of Forrestridge have been •
built. A new section of Montecito Del Sur is under construction. Hickory Creek
J Heights is under construction and Ridgemont is in the platting phase. These
developments wi!I add over 350 lots to the service area. Staff ha.c determined that
increasing the size of the, force main for the lift station will add significant capacity to
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the system. The lift station itself will need to be enlarged in the future if development
continues.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Citizens of Denton, Denton Municipal Utilities Jack Shelton and Carter & Burgess..
FISCAL IMPACT
$45,000 was budgeted for design and survey for this project. The CIP detail sheet is
attached. The $17,830 is $27,170 under budget. The design amount was over budgeted,
The correct budget amount for survey and design should have been closer to $25,000.
The proposed fee is still under this amount. Both the design and construction of this
project are funded from bonds.
Submitted by
R.E. Nelson, P.E.
Executive Director of Utilities
Prepared by
'
Jil ordan, .E.
Interim Director of Water/Wastewater
Engineering and Ficld Servires
Exhibit 1. Orainance
11. Contract
III. May 1997 PUB Agenda Item
xA(04)cb des cc •
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ORDINANCE NO.
AN ORDINANCE AUTIiORIZINO THE CITY MANAGER TO ENTER INTO A PROFES-
S'.ONAL SERVICES CONTRACT WITH CARTER & BURGESS, INC. FOR PROFES-
SIONAL ENGINEERING SERVICES TO DESIGN THE DENTON WEST LIFT STATION
FORCF.MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PRO-
VIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to enter into a professional
services contract with Carter & Burgess, Inc. ft-1- professional engineering services to design the
Denton West lift station forcemain, a copy of which is attached hereto and incorporated by refer-
ence herein.
SECTION Il. That the City Manager is authorized to expend funds as required by the
attached contract.
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
• • •
BY:
E AJWS%OWDENTON WEST ORD
-3 EXHIBIT I
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PROFESSIONAL SERVICES AGREEMENT
FOR DENTON WEST LIFT STATION FORCEMAIN
STATE OF TEXAS 4
COUNTY OF DENTON 4
THIS AGREEMENT is made and entered into as of the day of
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 Carter & Burgess, Inc., with its
corporate office at 7950 Elmbrook, Suite 250, Dallas, Texas 75247-
4951, hereinafter called the ("CONSULTANT") acting herein, by and
::trough their duly authorized representative.
WITN£SSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the services i
herein in connection with the Project as stated in the sections to
follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of
0 texas. The professional services set out herein are in connection ,
with the following described project:
EXHIBIT II
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The Protect shall include without limitation, the design of a
sanitary forcemain. The forcemain will run from the Denton West
Lift Station located on Ryan Road, west of Teasley Lane iFM 2161)
north to the entrance of Sundown ranch where it will connect to an
existing 12" forcemain approximately 5,500 feet.
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 necessary and
as described in CONSULTANT's letter dated April 14,1997 , which
is attached hereto and made a part hereof as Exhibit "A" as if
written word for word herein.
3. 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.
ARTICLE III
ADDITIONAL SERVICES
Additional Services to be performed by the CONSULTANT, if
authorized by the O'dNER, which are not included in the above
• described basic services, are described as follows:
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A. During the course of the project, as regLested by OWNER, the
CONSULTANT will be available to accompany OWNER's personnel when
meeting with the Texas Natural Resource Conservation Commission, t
• U.S. Environmental Protection Agency, or other regulatory •
agencies. The CONSULTANT will assist OWNER personnel on an as-
:seeded basis in preparing compliance scnedules, progress
reports, and providing general technical support for the OWNER's
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compliance efforts.
3. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall be
furnished by CONSULTANT on a fee basis negotiated by the
respective parties outside of and in addition to this Agreement.
C. Sampling, testing or analysis beyond that specifically included
in Basic Services.
0. Preparing copies of Computer Aided Drafting (CAD) electronic
data bases, drawings, or files for the OWNER's use in a future
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
reports for assistance to the OWNER.
Providing geotechnical investigations for the site including
soil borings, related analyses and recommendations.
• H. Addition of telemetry or other data transmission devices.
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1. Any other services not listed as Basic Services in letter
proposal of April 14, 1997.
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• ARTICLE IV •
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the
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';%'NER and the CONSULTANT of this Agreement and -.;con issue of a
Mice to proceed by the OWNER and shall remain in force for the
period which may reasonably be required for the completion of the
:roject, including Additional Services, if any, and any required
extensions approved by the OWNER. This Agreement may be sooner
:erminated in accordance with the provisions hereof. Time is of the
essence in this Agreement. The CONSULTANT shall make all reasonable
efforts to complete the services s=t forth herein as expeditiously
as possible and to meet the schedule established by the OWNER,
acting through its City Manager or his designee.
ART I C LFi V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms for
services in the nature of geotechnical, electrical,
pump/station recommendations and designs.
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipment, travel, communications,
subsistence and lodging away from home and similar
incidental in connection with that assignment.
3. BILLING AND PAYMENT:
s
For and in consideration of the pro,assionai services to be
performed by the CONSULTANT herein, the OWNER agrees to pay
based on raw labor rate times a multiplier of 3&_ and expenses,
subcontractors and subconsultants will be reimbursed at cost _
• plus Ten (10) percent. a total fee including reimbursement for 0 •
direct non-labor expense not to exceed Seventeen Thousand Sight
Hundred Thirty Dollars and Zero Cents ($17,630.00).
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Partial payments to the CONSULTANT will be made 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 stat^_ment is
rendered. The owner may withhold the final EV of the contract
amount until completion of the project.
Nothing contained in this Article shall require the owner to pay
for any work which is unsatisfactory as reasonably determined by
the City Manager or his designee or which is not submitted in
compliance with the terms of this contract. The City shall 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 OWNER
for any charge, expense or reimbursement above the maximum not
to exceed fee as stated without first having obtained written
authorization from the OWNER. The CONSULTANT shall not proceed
to perform the services listed in Article IV. Additional
Services, without obtaining prior written authorization from the
owner.
C. ADDITIONAL SERVICES
• For Fddicional services authorized in writing by the OWNER in
Article IV, the CONSULTANT shall be paid based on the Schedule r
of Charges at the rate shown in Article V, Paragraph B.
Payments for additional services shall be due and payable upon
submission by the CONSULTANT and shall be in accordance with i
• subsection B hereof. Statements shall riot be submitted more •
frequently than monthly.
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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 (1t)
per month from the said sixtieth (60th) day, and in addition,
the CONSULTANT may, after giving seven (7) days' written notice
to the OWNER, suspend services under this 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 one percent (St) set
forth herein if the owner reasonably determines that the work is
unsatisfactory, in accordance with this Article V, Compensation.
,ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CCNSULTANT will exercise reasonable care and due diligence
in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CO:SULTANT or any subcontractors or
subconsultants.
ARTICLE VII,
OWNERSHIP OF DOCUMv.FTS
All documents prepared or furnished by the CONSULTANT (and
CONSULi'ANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
h' of the OWNER upon the termination of this Agreement. The CONSULTANT
is entitled to retain copies of all such documents. The documents
• I prepared and furnished by the CONSULTANT are intended only to be ~ •
J applicable to this project and ONTNER'S use of these documents in
other projects shall be at OWNER'S sole risk and exlense. In the
event the OWNER uses the Agreement in another project or for other
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.•:rposes -han specified herein any of the information or materials
.ieveloped pursuant to this agreement, CONSULTANT is released from
any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDEITT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent
contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save 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 persona:. injury, death and property damage, resulting
from the negligent acts or omissions of the CONSULTANT or its
officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
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 I
• or equity, to any claim, cause of action or litigation filed by
anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly reserved.
• ARTICLE X
INSURANCE
During the performance of the Services under this Agreement,
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`+SULTAti: shall maintain the following insurance with an insurance
cc:nparry licensed to do business in t-he state of Texas by the State
Insurance Commission or any successor agency that has a rating with
Hest Rate Carriers of at least an A- or above:
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 occurrence and not
less than $100,00u in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not
less than $500,000 for each person and not less than $500,000
for each accident and with property damage limits for not less
than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory
requirements and Employers, Liability Insurance with limits of
not less than $100,000 for each accident.
3. Professional Liability insurance with limits of not less than
$1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates at the
OWNER'S request to evidence such coverages. The insurance
policies shall name the OWNER as an additional insured on all
such policies except "Professional Liability Insurance" 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, r
prior to the effective date of the change or cancellation, serve
substitute policies furnishing the same coverage.
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ARTICLE
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
cf alternate dispute resolution such as mediation. No arbitration
~r alternate dispute resolution arising out of or relating to, this
agreement involving one party's disagreement may include the other
warty to the disagreement without the other's approval.
ARTIC14E 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.
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
rdelivered by certified mail, return receipt requested) of
intent to terminate and setting forth the reasons specifying the
nonperformance, and not less than 30 calendar days to cure the
failure, and (2) an opportunity for consultation with the
terminating party prior to termination.
• C. If the agreement is terminated prior to completion of the ser-
vices to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services to
the comer within 30 days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered _
• and satisfactorily performed and for reimbursable expenses to O O
termination incurred prior to the date of termination in ac-
:ordance with Article IV, Compensation. Should the OWNER sub-
sequently contract with a new CONSULTANT for the continuation of
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serv:zes 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.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute nor be deemed a
release of the responsibility and liability of the CONSULTANT, its
employees, associates, agents, subcontractors and subconsultants for
the accuracy and 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.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days mailing:
r
To CONSULTANT: To OWNER:
Carter & Surgess, Inc. City of Denton
• ATTN: David S. Williams ATTN: Gerald P. Cosgrove, P.E. • •
Project Manager Engineering Administrator
7950 Elmbrook, Suite 250 901-A Texas Street
Dallas, Texas 75247-4951 Denton, Texas 76201
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All :ctices shall ce deemed effective upon receipt by the party
to whom such notice is given or within three days mailir.-.
ARTICLE XV
ENTIRE AGREEMENT
This agreement consisting of 15 pages and one exhibit
constitutes the complete and final expression of the agreement of
the parties and is intended as a complete and exclusive statement of
the terms of their agreements and supersedes all prior
contemporaneous offers, promises, representations, negotiations,
discussions, communications and agreements which may have been made
in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court
of competent jurisdiction to be invalid or unenforceable, it shall
be considered severable from the remainder of this Agreement shall
not cause the remainder to be invalid or unenforceable. In such
event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
• ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws,
rules, regulations, and ordinances applicable to the work covered
• hereunder as they may now read or hereinafter be amended. • •
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ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required 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.
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.
ARTIgLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement
and shall not transfer any interest in this Agreement (whether by
• assignment, novation or otherwise) without the prior written consent
of the OWNER.
ARTICLE ?u
MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shal:, be valid unless in
writing and duly executed by the party to be :harged therewith and
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no -2vidence of any waiver or modification shall he 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
-,odification is in writing, duly executed; and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits):
Exhibit A April 14, 1997 Letter
B. CONSULTANT agrees that OWNER shall, until the expiration of
three 03 years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
books, documents, papers and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that
OWNER shall have access during normal working hours to all
necessary CONSULTANT facilities and shall be provided adequate
and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT
reasonable advance notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall
• lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key person who will
perform most of this work hereunder shall be Brad Meyer and
• David Williams. However, nothing herein shall limit CONSULTANT O •
from using other qualified and competent members of their firm
to perform the services required herein.
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CONSUL ANT 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 car_ied 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, and make all
provisions for the CONSULTANT to enter in or upon, public and
private property as required for the CONSULTANT to perform
services under ;his Agreement, Reuse of any documents or other
deliverables, including electronic media, pertaining to the
Project by Client of any purpose other than that for which such
documents or deliverables were originally prepared, or
alteration of such documents or deliverables without written
verification or adaptation by Rust for the specific purposes
intended, shall be at the Client's risk.
G. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
1 CCNSULTAN'f has executed this Agreement through its duly authorized
undersigned officer on this the day of
• ~ 19__.
CITY OF DENTON, TEXAS
• Ted senavides,CCity Manager • O
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A..EST:
.ENNIFER WALTERS, CITY SECRETARY
By;
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:1N~
CARTER & BURGESS, INC.
By: OL6 m _
Name: OpIC. VEArrnl
Title:7W,u4 J,cc /&0Aj?%r
WITNESS:
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C 2- Carter:: Burgess
ar•s a E-]nrer:.nc ,:rcr
Aon114, 1997
Mr. Gerald P. Cosgrove, P.E.
Engineering Administrator
Denton Municipal Utilities
City of Denton, Texas
901-A Texas Street
Denton, Texas 76021
RE: Proposal for City of Centon Force Main from the Denton West Lift Station
to the entrance of Sun Down Ranch.
Dear Mr. Cosgrove:
Carter & Burgess, Inc (C&B) is pleased to submit this proposal to design approximately 5,500
feet of 12-inch sewer force main. The force main will replace an existing 8-inch section of
sewer force main which presently serves from the Denton West Lift Station to the entrance of
Sun Down Ranch Estates. The majority of the force main will convey sewage along F.M. 2181.
This proposal outlines our project approach and provides our proposed work scope to design
the above mentioned sewer force main. The basic services contract will be $17,830.00.
PROJECT APPROACH
The objective of this project is to set the alignment and produce detailed construction plans and
special conditions specifications for a 12-inch sewer force main (sizing of the sewer is provided
by the City of Denton). The 12-inch force main wit replace an existing 8-inch force main. The
majority of the replacement force main will be laid along the east side of F M. 2181 and follow,
the existing force main alignment. The southern portion of the force main, approximately from
the West lift station to F % 2181, will be rerouted. land owner easements, City right-of-way,
• and highway right-of-way documents will be researched by Carter & Burgess. The
easemenVright-of-way information will be placed on the plan and profile sheets which tvill aide
the final force main routing. Carter d Burgess will also provide a survey of the area that will be
used for detailed design. location of utilities wilt involve research of City and private utility
plans, and field survey verification.
SCOPE OF WORK O O
T;re proposed scope of work is organized into five work tasks which are described below. Data
from each task is necessary to formulate a professional opinion regarding the design and
EXHIE3IT UFA
Cone, d el-ctsi Inc J
•
Placement of the 12-mcn wastewater force man.
Task 1 - Plan Search for City and private utilities
Task 1 will include researching the City of Denton vaults, and contacting private utilities for
,dentifying all known utilities along the proposed route.
Task 2 - Right-of-Wayrjisemenr Research and casement Preparation
Carter & Burgess will research right-of-way/easement documents along the route of the
proposed 12-inch sewer force main, The property owners along the routing will be identified
and given to the City of Denton Carter & Burgess will contact the property owners for survey
permission. New easements, or existing easements that will need to be modified for force main
placement, witl also be identified. New easement documents will be prepared for the rerouting
of the proposed force main along the southern portion of the force main routing (approximately
from the West lift station to F.M. 2181).
Task 3 - Field Survey of the Proposed Force Main Route
Carter & Burgess will provide field survey for the proposed force main routing. The survey will
identify all visible utilities, roads, and other possible construction conflicts. The survey will be
used as the base for the plan and profile sheets
Task 4 - Plans for Construction
Carter & Burgess will prepare construction plans and special conditions specifications for the
project. The plans will consist of plan and profile sheets and standard detail sheets for the force
main construction. Standard Cry of Denton details will be used where possible. Standard City
specifications will be used and supplemented by special conditions specifications by Carter &
Burgess if necessary.
COST ESTIMATE
Our lump sum cost to provide the basic services outlined above is $17,830.00.
SgHEOULE
Carter & Burgess can begin work on this project immediately based on your written
authorization. The preliminary alignment will be verbally discussed with you prior to issuance of
the terms of this agreement.
Monthly invoices will be issued by Carter & Burgess for all work performed under the terms of
this agreement. Invoices are due and payable on receipt.
s o
ADDITIONAL SERMES
The following service is not included in the basic services contract, but can be provided by C&B
at the clients request. Selection of this service may be based on the client's approval. Due to
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the varying nature of the additional service. the service will be provided on a per unit basis
t. Any parcels that are identified for easement preparation for the proposed force
main alignment will be supplied on a per parcel basis (one estimated parcel).
•
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AUTHORIZATION
To authorize commencement of the outlined Scope of Work, please sign both copies of this
proposal and return one copy to C&B. We took forward to the opportunity to provide you and
the City of Denton with professional engineering services. Should you have any questions
regarding our proposal, please do not hesitate to contact me all 214/638.0145.
Sincerely,
CARTER & BURGESS, INC.
David S. Williams, EIT
Project Manager
Public Works Division
PROPOSAL ACCEPTANCE
Upon receipt of this signed proposal acceptance form, Carter & Burgess, Inc. will procead with
the outlined scope of work.
Accepted for Client:
CITY OF DENTON
Bv: '
Signature Date
Bv: -
Signature Date
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MAY 19, 1997
PUBLIC UTILITIES BOARD AGENDA ITEM
TO : CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FRQNI : R.E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT : CONSIDER AWARD OF A DESIGN CONTRACT TO CARTER &
BURGESS, INC. FOR THE DENTON WEST FORCE MAIN
RECOMMENDATION
The Utilities Department Staff recommends award of a contract to Carter & Burgess,
Inc. (CB) in the amount of $17,830.
SUMA(ARY
The CIP has a project to enlarge the size of the force main from the Denton West Lift
Station (see Exhibit I - Location Map and Exhibit II - CIP Detail Sheet). The scope of
work for this project is attached as Exhibit III. CB are the engineers for the developer
of Sundown Ranch. 1700 feet of the 5,500 foot Denton West force main will be
located on the Sundown Ranch property in an existing easement. Staff desires that the
1)rce main be installed with or before development occurs. Therefore, staff proposed
t' at the developer's engineer design both the water and sewer improvements for the
subdivision and the force main. This coordination is beneficial to the developer, Jack
Shelton, and to the City.
BACKGROUND
f This item was included in the 1996 capital budget for design. It is in this year's budget
for construction,
The wastewater system has seen significant growth in the Denton West Lift Station
service area in the recent years. Three sections of the Estates of Forrestridge have been
built. A new section of Montecito Del Sur is under construction. Hickory Creek
• Heights is under construction and Ridgemont is in the platting phase. This will add • O
over 350 lots to the service area, Staff determined that increasing the size of the force
main for the lift station will add significant capacity to the system, The lift station itself
u ill need to be enlarged in the future.
a3 EXHIBIT III
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AGENCIES AFFECTED
Citizens of Denton, Denton Municipal Utihties, Jack Shelton and Carter do Burgess..
FISCAL IMPACT
545,000 was budgeted for design and survey for this project. The CIP detail sheet is
attached. The $17,330 is $27,170 under budget. This amount was over budgeted. The
correct budget amount for survey and design should have been closer to $25,000.
The proposed fee is still under this amount.
Prepared by : Submitted by
Gerald P. Gas ove, P.E. .E. elson, P.E.
Engineering Administrator `Executive Director of
Utilities
Approved by
XlI Jordan, P.E.
Interim Director of Water/Wastewater Engineering
and Field Services
Exhibit I. Location Map
11. CIP Detail Sheet
III. Carter & Burgess, Inc. Proposal
a:XD4Xb des.pub
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Location Map
r
410
m
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r+M
■L to
•
- Denton West
Lift Station At
Face Maio •
wy taw
Project
Location
OPON KAU NO Woo-
114 I'd Vf
as Exhibit I
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lyy~ ~.rvri~r~~iivlrnvvcv~civi rrz~.c~ It ar - vLt i
PROJ TITLE: DENTON WEST FORCE MAIN
ESTIMATED COST: $352 (x 1000)
GROUP ASSIGNMENT: 3
DESCRIPTION: Replacm Force Main along Teasley lane, from Ryan Road to Lillian Miller.
PURPOSE: The lift station and force main were originally designed to handle flow
from the Denton West Mobile Park. Now the Montecno Del Sur Subdvision,
Good Samaritan Village, and a portion of the Forest Ridge Subdivision all
flow Into the Lift station. The wet well capacity and pumps are large
er.:A* to handle the flows, but the Woe main Is no4 Station efficiency
has declined due to frlcdw loss In the 8 Mxh force main that runs over 5,800
feet In length. An upgrade to a 12 itch line will solve the problem for
now and any future developments in the area
/Voc
i
ENCUMBERANCES CASH EXPE 1DITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL IST YR $307 So $0 $0 $307 $W7 $0 $0 $0 $307
TOTAL 2ND YR $0 0 0 0 0 $0 0 0 0 $0
TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0
GRAND TOTAL 6307 $0 $0 $0 $307 {307 $0 $0 $0 $307
£NCUMBERANC£ DATES Encumbered as spent.
PHASE DATE AMOUNT OBJECT*
Surveying 03!98 $21 8683
Engineering Design 05198 , $24 8680/85153
Inspedon 02!97 S20 8582
Construction 02197 $287 9114
• ENCUMBERANCE TOTAL $352 • •
J COMMENTS: This is a multiy a=0199 ect pe~lnning in 1998.
Encumtterance~7 $ 47,000
Curr tCIP
Total Project Budget $ 33552,000
3125!9814:37 EXHIBIT 11
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GWO Carter,, Burgess
Consaftonts in Engineering, Architecture,
Planning and the Environment
April 14, 1997
Mr. Gerald P. Cosgrove, P.E.
Engineering Administrator
Denton Municipal Utilities
City of Denton. Texas
901-A Texas Street
Denton, Texas 76021
RE: Proposal for City of Denton Force Main frorn the Denton West Lift t
Sation
to the entrance of Sun Down Ranch.
Dear Mr, Cosgrove:
Carter & Burgess, Inc. (C&B) is pleased to submit this proposal to design approximately 5,500
feet of 12-inch sewer force main. The force main will replace an existing 8-inch section of
sewer force main which presently serves from the Denton West Lift Station to the entrance of
Sun Down Ranch Estates. The majority of the force main will convey sewage along F.M. 2181.
This proposal outlines our project approach and provides our proposed work scope to design
the above mentioned sewer force main. The basic services contract will be $17,830.00.
PROJECT APPROACH
The objective of this project is to set the alignment and produce detailed construction plans and
special conditions specifications for a 12-inch sewer force main (sizing of the sewer is provided
by the City of Denton). The 12-inch force main will replace an existing 8-inch force main. The
majority of the replacement force main will be laid along the east side of F.M. 2181 and follow
the existing force main alignment. The southern portion of the force main, approximately from
the West lift station to F.M. 2181, will be rerouted. Land owner easements, City right-of-way,
• and highway right-of-way documents will be researched by Carter & Burgess. The
easementMght-of-way information will be placed on the plan and profile sheets which will aide
the final force main routing. Carter & Burgess will also provide a survey of the area that will be
used for detailed design. Location of utilities will involve research of City and private utility
plans, and field survey verification,
SCOPE OF WORK • •
The proposed scope of work is organized into five work tasks which are described below. Data
from each task is necessary to formulate a professional opinion regarding the design and
EXHIBI"T iii
Carterd bvrgers, Iiric ; OV r i5G Gcl!at -.~<?_;J ::9;
..,,.,M
•
•
placement of the 12-inch wastewater force main.
Task 1 - Plan Search for City and private utilities
Task 1 will include researching the City of Denton vaults, and contacting private utilities for
identifying all known utilities along the proposed route.
Task 2 - Rgaht_of-WavlEasement Research and Easement Preparation
Carter & Burgess will research right-of-wayleasement documents along the route of the
proposed 12-inch sewer force main. The property owners along the routing will be Identified
and given to the City of Denton. Carter & Burgess will contact the property owners for survey
permission. New easements, or existing easements that will need to be modified for force main
placement, will also be identified. New easement documents will be prepared for the rerouting
of the proposed force main along the southern portion of the force main routing (approximately
from the West lift station to F.M. 2181).
Ta:•k 3 - Field Survey of the Proposed Force Main Route
Carter & Burgess will provide field survey for the proposed force main routing. The survey will
Identify all visible utilities, roads, and other possible construction conflicts. The survey will be
used as the base for the plan and profile sheets.
Task 4 - Plans for Conclruction
Carter & Burgess will prepare construction plans andspecial conditions specifications for the
project. The plans will consist of plan and profile sheets and standard detail sheet: for the force
main construction. Standard City of Denton details will be used where possible. Standard City
specifications will be used and supplemented by special conditions specifications by Carter &
Burgess if necessary.
COST ESTI ATE
Our lump sum cost to provide the basic services outlined above is $17,830.01).
SCHEDULE
• Carter & Burgess can begin work on this project Immediately based on your written
authorization, The preliminary alignment will be verbally discussed with you prior to issuance of
the terms of this agreement.
Monthly invoices will be issued by Carter & Burgess for all work performed under the terms of
this agreement, Invoices are due and payable on receipt.
• • 0
ADDITIONAL SERVICES
The following service is not included in the basic services contract, but can be provided by C&B
at the clients request. Selection of this service may be based on the client's approval. Due to
a~
073
•
the varying nature of the additional service, the service will be provided on a per unit basis,
1. Any parcels that are identified for easement preparation for the proposed force
main alignment will be supplied on a per parcel basis (one estimated parcel),
0
a9
a.
•
AUTHORIZATION
To authorize commencement of the outlined Scope of Work, please sign both copies of this
proposal and return one copy to C&B. We look forward to the opportunity to provide you and
the City of Denton with professional engineering services. Should you have any questions
regarding our proposal, please do not hesiate to contact me at 2141638-0145.
Sincerely,
CARRTTE/R & BURGESS, INC, ~/-V' w4ozr~
David S. Williams, EIT
Project Manager
Public Works Division
PROPOSAL ACCEPTANCE
,I
Upon receipt of this signed proposal acceptance form, Carter S Burgess, Inc. will proceed with {
the outlined scope of work.
Acpepted for Client:
49
CITY OF DENTON
By--.
S gnature Date
Signature Date
3 0
•
COST OF SERVICES
City of Denton
BASIC ENGINEERING SERVICES
Ink No. - Descrlotion Cost; of Services
Task 1 - Plan Research $ 600.00
Task 4 - Plans for Construction
Drafting $ 4,850.00
Engineering $ 6,500.00
Reproduction $ HA
Sum Total: $ 12 00000
BASIC SURVEYING SERVICES
Task 2 • Right-of-Way/Easement Research $ 500.00
Task 3 - Field Survey $ 2.500.00
Data Reduction $ 350.00
Drafting of Base Map $ 2,480,QQ
Sum Total: $ 5,830.00
TOTAL COST OF SERVICES: S 17,830.00
ADDITIONAL SERVICES: S M.00/Parcel
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Agenda No. 27_6aa_
CITY COUNCIL REPORT Agenda ttem_- ao
Date
DATE: July 21, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Congestion Mitigation and Air Quality Improvements
Program (CMAW
i
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute the
agreement; Repealing Ordinance 97-134; authorizing the expenditure
of funds therefore; and providing an effective date.
SUMMARY:
Ordinance No. 97-134, approved May 6, 1997, was for the same
project. The new agreement has been revised to allow the City to
bid, project management and inspect.
BACKGROUND:
The three projects along Eagle Drive associated with Agreement 1
are: (1) the southbound right turn lane expansion from Bell Avenue
to westbound Eagle Drive; (2) the south and northbound left turn
lane extensions from Carroll Boulevard to Eagle Drive; (3) adding
a left turn lane along Eagle Drive from IOOF to Avenue A.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
The Engineering and Traneportation Department will provide
construction management and inspection. Bidding will be through
the City's Purchasing Department.
FISCAL IMPACT: Bond funds will be utilized for the City's 204 of
the actual cost of the project.
RES FULLY SUBMITTED:
I
• ~ I
R c SVehld
Deputy City Manager
I
O Prepared by:
0 0
Jerr ar '
Dire r o Engineering & Transportation
AEE0083A
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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 IOOF UNDER THE CONGES-
TION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM; REPEALING OR-
DINANCE 97.134; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
5UTION I. That the City Manager is hereby authorized to execute an Agreement with
the Texas Department of Transportation for improvements to Eagle Drive at BO Avenue, Eagle
Drive at Carroll Boulevard, and Eagle Drive between Avenue A and IOOF under the Congestion
Mitigation and Air Quality Improvement Program, which is attached hereto and incorporated by
reference herein.
SECTION II. That Ordinance No. 97.134, passed and approved on May 6, 1997 by the
Council of the City of Denton, Texas, is hereby repealed.
SECTION III. That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION IV. That this ordinance shale 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: y • •
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: Ael y£t
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Denton County
CSJ: 0918-46-911
Eagle Drive Improvements
STATE OF TEXAS
COUNTY OF TRAVIS '
A 0 R Z Z M Z N T
(CONGZBTION MITIGATION AND
AIR QUALITY 130ROVMUXT 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 Z 8 B Z T N
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
('ISTFA'I codified under Title 23 U.S.C. Section 101 et seq., establishes the
National Intermodal Transportation SyPtem 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•) 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•I and the States' Transportation Agencies
develop transportation plans and programs for urbanized areas of the State;
• and
WHEREAS, the State and the City Jesire corridor improvements along Eagle
Drive, specifically, a continuous left turn lane along Eagle Drive betveen
Avenue A and 1.0 O.F. and interseCL+on improvements at the following
intersections: Eagle at Bell and F.agle at Carroll, as shown in 'Exhibit A•, to ti
be hereinafter identified as the 'Project'; &nd
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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
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 assistance, preparing right-of-way description and value
determination, accomplishing the adjustment of utilities, condemning property,
providing certifications, providing environmental mitigation, let the
construction contract, provide the construction inspection, and provide other
necessary items as required by the State; and
WHEREAS, on the day of _ 19_, tte 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
WHEF.EkS, the State will secure the Federal cost share, review the
engineering and right-of-way related items and provide other items as
required; and
WHEREAS, on the 29th day of .:ulv 19210 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 O A= 2 M S M 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:
i
1. Q.Q1dTPACT PERIQp
E 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. • •
J 2. $SQPE OF PROTECT
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A. The State and the City agree that the scope of the Project shall be
limited to the scope authorized by the Texas Transportation Commission.
H. The Project will be designated as a (iFT$QPQLITAN~lIGHWAY 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 entil the State's award of the
construction contract.
3. ACQUISITION QF RIrgT- P-WAY AND R$j,ocATl &_JL%%ISTA. E
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 inspecti-n. 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 msp. The City will be responsible for any additional right-
of-way required by the State for the completion of the Project.
4. B12iT7_ F-WAY 4E%CRLMQX
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The City will prepare right-uf-way maps, property descriptions and other
data as needed to properly describe the right-cf-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 0 0
ro ps shall be retained by the City for its permanent record.
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5. DETERMINATION OF-RIOT-OF-WAY VALUES
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
State's District Office a tatulation of thL values so determined, signed
by the appropriate City representative. Such tabulations shall list the
parcel numbers, ownership, acreage and recommended compensation.
Compensation shall be shown in the compr,nent 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.
6. VO LITY ADJUSTMENTS ~Q
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
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,
regulations, policies and procedures. In the event additional utilities
are required to be adjusted, removed or relocated during the construction
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of the Project, the City will be responsible for accomplishing the
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additional utility work, unless this work is provided by the owners of the
utility facilities.
7. MN ATION
• Condemnation proceedings will be initiated at a time selected by the City
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and will be the City's responsibility at its own expense as hereinafter
,
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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 Che property condemned to the
City.
8. ELIM2MEMEHTpQR RIGHT-OF-Hgy
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 (801) of the cost of the right-of-way purchased in accordance with
the terms and provisions of this agreement, if funding specifically
allocated for right-of-way related costs for the Project is in the TIP.
Reimbursement will be in the amount of eighty percent (801) 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
for necessary payments to appraisers, expenses incurred in order to assure
good title to property acquired as well as incidental expense incurred in
conveying the needed right-of-way to the city. Reimbursement shall not
exceed eighty percent (801) of such documented costs.
B. If condemnation is necessary and title is taken as set forth herein
under the section entitled "condemnation', the reimbursement by the State
shall be hseed 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 as to all action taken therein. Court costs and costs
of special Commissioners' hearings assessed against the City in
condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid by the City. Such costa and fees will be
• eligible for eighty percent (801) reimbursement under the established
reimbursement procedure provided such costs and fees are eligible for f
payment by the State under existing law.
C. Utility adjustments which would be eligible for cost participation by
• virtue of 23 CFR 645.107 will be eligible for reimbursement to the City at • •
not to exceed eighty percent (801) of actt.l cost.
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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
further agree) that documentation supporting each reimbursement request
from the City will include the displacee's name and evidence the City's
payment aas received by the displaces. Reimbursement shall not exceed
eighty percent (80%) of such documented costs.
9. CFRLU-1CATI4Si
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 Llilities have been adjusted to clear the proposed
construction.
10. ENVI.R NMENTAL 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
b. 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
e. In addition, the City will be responsible for the assessment, i
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remediation and/or disposal of regulated materials encountered prior to
J and during construction, which may include but not be limited to the
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following:
1. asbestos containing materials as regulated in 40 Code of Federal
R;gulations (CFR) 763
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 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 State will not let the construction contract until all known
environmental problems have been remediated by the City.
11. ENCINEEAINC RES eQNSIBILITIES
A. The City will prepare the Project's preliminary engineering necessary
for the development of the plans, specifications and estimate (P.S.6 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) Standards established in AASHTO's A Policy On
Geometric Design of Higtiwavs and Stzeety_ AASHTO's Guide for Design of
Pavemers~tZUC[ures, the State's Standard j2%-, fJgations for Construction
4f Highygys. Streets and Brjdggs, and The_TexAS Manua l_gn Uniform Tr3Uigr
C4IILIQL~tY14QS ITMUTCDI. The City shall submit the completed P.S.6 E. to
• the State for review and approval. The City will not let a construction
contract until the P.S.6 E. has been approved.
1 12. CQ1~ITRUCTFON R~$Q'''~IBILj,Tj_$~ ,
O A. The City shall advertise for construction bids, issue bid proposals,
• receive and tabulate the bids and award a contract for construction of the 4
J Project in accordance with existing procedures and applicable laws. Any
field changes, supplemental agreements or additional work orders which may
5/9197 Page 7 of 12
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become necessary subsequent to the award of the construction contract
shall be the responsibility of the City and subject to the approval of the
State.
B. The City will supervise and, inspect all work performed by the
construction contractor and will provide such engineering, inspection and
testing services as may be required to ensure that the construction of the
Project is accomplished in accordance with the approved P.S.S. E. The
State will be allowed to review the construction work provided the review
does not interfere with the work being performed by the City's contractor.
C. Upon completion of the Project, the city will issue to the State a
'Notification of Completion', acknowledging that the Project has been
completed. Upon the State's receipt of the 'Notification of Completion',
tl,e roadway will be removed from the State Highway System and will revert
back :o the jurisdiction of the City.
13. MAINTENANCE RE,jg?NSZBIGITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed roadway facility.
14. FUNDING
A. The estimabad cost associated with the items subject to Federal
reimbursement for this Project, including right-of way related items,
State review and construction, is S~1Q~$~• Right-of-way related items
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 'e'
O hereabove. Construction items shall include construction engineering and
testing services. - r
B. Funding for preliminary engineering and P.S.R E. preparation will be
the sole responsibility of the City.
® C. The State will be responsible for securing the Federal share of _ • O
funding required for the development and construction of the Project. The
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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 S_5,520 . This amount is based on twenty percent (20%) of the
estimated State review costs. These funds will be utilized by the State
to review the engineering documentation and cover other incidental costs.
E. Sixty (60) days prior to the date set by the State for receept 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 (201)
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 5_5L6J.L_. 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.
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 pro,lde the funds to the City.
s
15. INDCT_C9~T 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
will be in accordance with the state's Indirect Cost Reccvery Plan and are
estimated to be 517,992 . The City shall be responsible for twenty
5/9/97 Page 9 of 12
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percent (208) of the State's indirect cost. The City's indirect costs are
estimated to be S_7,539 Payment must be made within thirty (30) days
from receipt of the State's written notification.
16. OWNERSMIL 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.
17. 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.
(31 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 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 agreement is due to the failure of the
City to fulfill its contractual obligations as set forth herein, the state
gill notify the City that possible breach of contract has occurred. The
City should make every effort to remedy the breach as outlined by the
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State within a period mutually agreed upon by both parties.
18. INS EMNI F I CBTIQIi
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, 0
negligence and deeds, and for those of its agents or employees in
5/9/97 Page 10 of 12
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conjunction with the performance of work covered under this agreement.
19. AmEHI2mm'7
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.
20. 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 unenforceable provision had never been contained
herein.
21. NQTSCEH
All notices to either party by the other required under this agreement
shall be delivered personally or sent by certified U.S. mail, postage
prepaiu, 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 75228
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 so deposited
e
in the mail, unless otherwise provided herein. Either party hereto may r
change the above address by sending written notice of such change to the
other in the manner provided herein.
22. ~Q
This agreement constitutes the sole and only agreement between the parties 40
is agreement constitutes the sole and only agreement between the parties 81
hereto and supersedes any prior understandings or written or oral
5/9/97 Page 11 of 12
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agreements respecting the within subject matter.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE CITY OF DENTON, ?ERAS
By: ,
_Jed Benavides
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 poli^.ies or work programs heretofore approved by the
Texas Transportation Commission.
0
By:
Lawrence J. Zatopek
Director, General Services Division
Date
0
4
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('fTwrrN]TCuu~J YrGq FlU}~ ' „
Apenaa No.
Agenda Item o?/
!late ~T -/4 ffX7 -1
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ORDINANCE NO,
AN ORDINANCE AUTHORIZING THE CITY COUNCIL, UNDER THE CIRCUMSTANCES
SET FORTH HEF.EIN, TO HOLD MEETINGS OUTSIDE OF CITY HALL; VALIDATING
PREVIOUS MEETINGS AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Hall or the Denton Municipal Building is in the process of being
renovated and is not available for City Council meetings during the period of renovation due to
lack of appropriate space to accommodate all members of the public, lack of proper access to
persons with disabilities and due to potential dangers and inconvenience to the members of the
general public during construction; and
WHEREAS, the City Council from time to time may need to hold meetings away from
City Hall to serve the public interest; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TE.YAS:
SECTION . The City Council, for the period from July 1, 1997 until the Council
Chambers in the City Hall at 2t5 East McKinney Street, are completely renovated and ready for
public use shall hold all its meetings in the Police Department Conference Room, the Central
Jury Room and other areas of the Denton Municipal Complex at 601 East Hickory Street,
DI-nton, Texas.
SECTION II, In accordance with section 2.05 of the City Charter and section 4.1 of the
Rules and Procedure of the City Council, the City Council may from time to time hold joint
meetings with the Denton Independent School District, workshop meetings, retreat and budget
meetings and regular and special meetings in places away from City Hall that are readily
accessible to all members of the public so long as the Mayor announces the location of that
meeting at the meeting of the City Council immediately proceeding the meeting and, a motion or
® simple resolution is approved by at least four members of the Council, approving the meeting
site, All such meetings shall be held in accordance with Chapter 551 of the Government Code
SE .TIC ON I1 I. All previous meetings and all actions taken at those meetings held at a
location other than the City Hall at 215 East McKinney Street, including, without limitation, any
joint meetings with the Denton Independent School District and the Denton Planning
A Commission , any workshops or retreats, are hereby affirmed, ratified and approved. 0 0
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t 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:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda Item
Date CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM. RE. Nelson, Executive Director of Utilities
DATE: August 5, 1997
SUBJECT: CONSIDER APPROVAL OF A CONTRACT WITH HICKORY CREEK
DEVELOPMENT PARTNERS, LTD FOR THE PURCHASE OF 2.91
ACRES (LOTS 2 AND 4 OF THE SHORE HAVEN ADDITION IN
HICKORY CREEK).
RECOMMENDATION:
The Utility Staff recommends (see Exhibit 1) acquisition of 2.91 acres of land in Hickory
Creek. Attached is a contract (see Exhibit 11) with Hickory Creek Development Partners,
Ltd. for the purchase of the property in the amount of $200,000. The Pinning and
Zoning Commission, at their June 11, 1997, meeting recommended to the Council
approval of this purchase.
SUNLNIARY:
The City is proposing to buy 2.91 acres (lots 2 and 4 of the Shore Haven Addition) in
Hickory Creek. Thee two lots are adjoining our raw water pump station on Lake
Lewisville (see Exhibit 111). This purchase will provide the following benefits to the City:
1. Ownership of the land outside of the Corps of Engineers easement on
which the pump station is located. Presently, a corner of the Cities
pumpstation site is on private property for which no easement exists.
Pipelines, electric lines and access to the site are presently located in
easements.
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2. Provide a buffer from the adjacent residential development and help the
city avoid complaints about noise, lights, large truck traffic, etc. '
associated with the pump station facility.
• 3. Provide better security for the Lewisville Lake pump station.
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4. Enable the City to better maintain the pump station, electric lines and
raw water transmission lines.
5. Provide a buffer around the intake structure, which will help maintain
the quality of our raw water (see Exhibit IV for agenda item).
BACKGROUND:
The raw water pump station was built in 1957 along with a nine mile long 27° pipeline from the
pump station to the Denton water treatment plant. In 1975 a parallel 30" pipeline was built. The
pump station and the pipeline are in easements. Much of the land around the pump station and
pipeline were largely rural and undeveloped in 1957.
PROGRAM/DEPARTMENT OR GROUPS AFFECTED:
City of Demon, Denton Municipal Utilities and Hickory Creek Development Partners, LTD.
FISCAL IMPACT:
The 1997 Capital Improvement Plan includes $85,000 to purchase this land (see Exhibit V). The
cost of this land has increased since the budget was prepared because this is now a developed
property rather than raw land. The additional $t 15,000 for property purchase will come from the
operating budget ($70,000 from the purchased power account due to reduced water pumping
and a more favorable electric rate) and bond funds ($45,000 from oversize waterline account due
to less activity in this account than anticipated).
Respectfully su mitt
R. E. Nelson, Executive Director of Utilities
Prepared by:
Howard Martin
Director of Environmental Operations
® Exhibit L Minutes from June 11, 1997 Planning & Zoning Commission Meeting
Exhibit I I: CLntract • 0
J Exhibit 111: Loci tion Map
Exhibit IV Planning & Zoning Commission Agenda Item
Exhibit V Capital Improvement Plan Detail Sheet
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PEAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND HICKORY CREEK DEVELOPMENT PARTNERS, LTD., A TEXAS
LIMITED PARTNERSHIP; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL
PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Real Estate contract by and between the City of Denton as
purchaser and Hickory Creek Development Partners, LTD., A Texas
Limited Partnership as seller, a copy of which Contract is attached
hereto and incorporated by reference herein.
SECTION II. That the City Manager is hereby authorized to
execute any and all documents necessary to consummate the purchase
of real property in accordance with said Contract.
SECTION III. That the City Council hereby authorizes the
expenditure of funds as provided in the Contract.
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
0 ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
• APPROVED AS TO LEGAL FORM: I~ •
HERBERT L. PROUTY, CITY ATTORNEY
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PLAh'A'LYG ANT) ZONING CONBfISSION
June 11, 1997
Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on
Wednesday, June 11, 1997, and began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney.
Present: Jim Engelbrecht, Carol Ann Ganzer, Guy Jones, Rudy Moreno, and Barbara Russell.
Absent Bob Powell, Ellen Schertz.
Present from Staff: David Hill, Director of Planning. Jerry Drake, Assistant City Attorney; Walter
Reeves, Urban Planner; Donna Bauman, Senior Planning Technician; Robbie Baughman,
Assistant Building Official; Jerry Clark, Director of Engineering & Transportation; Kathy
DuBose, Executive Director of Finance; Jon Fortune, Chief Finance Officer; Chris Rodriguez,
Secretary.
Meeting called to order it 5:00 p.m. and adjourned to closed meeting.
NOTE: Any item listed on the Agenda for the Closed Meeting may also be considered as part of the
Agenda for the Regular Meeting.
Closed Meeting:
A. Real Es= - Undet TEX. GOV' T CODE Section 551.071.
1. Discuss acquisition of 2.91 acre tract of land at the City of Denton's Lake Lewisville Raw
Water Intake and Pump Station Facilities - Water Production Division.
Reconvene into Regular Meeting at 5:30 p.m
1. Consider making a recommendation to the City Council conceming the acquisition of 2.91 acre
tract of land at the City of Denton's Lake Lewisville Raw Water Intake and Pump Station Facilities
- Water Production Division.
Mr. Jones: I move that we recommend that staff proceed with land acquisition.
• Ms. Garver: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
17. Consider approval of the minutes of the May 28, 1997 meeting.
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Ms. Russell: Are there any corrections to the minutes? Hearing none the minutes will stand
_J approved as presented.
III. Consent Agenda.
The following item is recommended by the staff and approval thereof will be strictly on the basis
of staff recommendadon. Approval of the consent agenda authorizes the staff to proceed with each
EXHIBIT I
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Hickory Creek
Development Partners, LTD, a Texas limited partnership
(hereinafter referre,'. ~.o as "Seller") and the CITY OF DENTON,
TEXAS, a home rule municipality, of Denton County, Texas (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein.
PURCHASE A`'D SALE
Seller hereby sells and agrees to convey, a:,d Purchaser hereby
purchases and agrees to pay for all that certain tract, lot or
parcel of land consisting of 2.909 acres of land, more or less, as
described in Exhibit "A" attached hereto; together with all rights
and appurtenances pertaining to the said property, including any
right, title and interest of Seller in and to adjacent streets,
alleys or rights-of-way (all of such real property, rights, and
appurtenances being hereinafter referred to as the "Property"),
together with any improvements, fixtures, and personal property
uituated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions hereinaf-
ter set forth.
PURCHASE PRICE
1. Amount of Purchase Pric@. The purchase price for the
Property shall be the sum of $200,000.00.
2. Pavmsnt of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S C9LIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. preliminary Title Report. Within twenty (20) days after
the date herecf, Seller, at Seller's sol.e cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owner's policy commitment (the "Commitment") accompanied by copies
of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property. Purchaser shall give Seller written +
notice on or before the expiration of ten (10) days after Purchaser
receives the Commitment that the condition of title as set forth in
the Commitment is or is not satisfactory. In the event Purchaser
states the condition of title is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
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Purchaser understands that Seller is under no obligation to cure
any title defects complained of by Purchaser stated in Purchaser's
written notice to Seller as provided in this paragraph. In the
event Seller is unable to do so within ten (10) days after receipt `
of written notice, this Agreement shall thereupon he null and void
for all purposes; otherwise, this condition shall be deemed to be
acceptable and any objection thereto shall be deemed to have been
waived for all purposes.
2, rvev, Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, i.ndconrights-of
the
way on or adjacent to the Property, if any,
surveyor's certification that there are no encroachments on the
Property together with a metes and bounds description thereof.
the
Purchaser will have ten (lo) days after receipt of the survey
to review and approve the survey. In the event the survey
unacceptable, then Purchaser shall within the ten (30) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all
notice
shall sbe deemedh to ebesPufailure o ive Seller rchaserts acceptance ofhthewsurvey.
3. Seller's Compliance. Seller shall have performed, ob-
served and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing,
isuu i_Qn o_L1ence• Purchaser shall
4. Purcias era Col
construct aQpro,cimately 760' of 6' minimum and 8' maximum high
screening fence composed of wood or plastic mate i ller r long ther
Seer;
fence material as is :.-easonably approved by
common boundary line bF.,tween lot 4 and lots 1, 3, and 5 of the
proposed Shore Haven Addition in the City of Hickory Creek Denton
County, Texas. This fence shall extend south and west from the
building line south of the right-of-way of the proposed Wood Lake
Road to the Corp of Engineers boundary line for Lake Lewisville as
illustrated by Exhibit "B" attached hereto. The fenceTsha l be
p completed within 180 days from the date of closing.
shall be maintained and kept in good condition anhis a air bt •
Purchaser so long as Purchaser owns the Property,
shall survive closing.
AE£OOSPS PAO£ 2
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5. L€~
on o En *v ~''~~to Pvr has Proof
existing entry gate to the Property shall be relocated by PurchaseThe
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to a location to the south which is mutually agreeable to Seller
and Purchaser. The relocation of the gate is for the
allowing access to the Purchaser to the Property withouto struct-
p
ing existing and proposed roads and right-of-way The gate shall be
relocated within 180 days from the date of closing. This covenant
shall survive closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser, to the beat
of its current knowledge, as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of
the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants-at-sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-suit
affect thereofsment
to, the be ti nowtitle to the ledge and belief of Seller is any such
proceeding or assessment contemplated by any governmental authori-
ty.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
9. To the best of the Sellers knowledge, there are no toxic
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materials include, but are not limited
to, hazardous materials or wastes as same are defined by the
Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), as amended.
CLOSING
• Compa
The closing ny, 300 Crescent shall Coube held at the rt, Suite 100, Dallase Texas Republic (Attn:
D. Lansing) on or before September 30, 1997 (which date is herein r
referred to as the "closing date").
CLOSING REQUIREMENTS
1• el Pr's Reavirem n~~ At the closing Seller shall: •
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A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
AEE008F8 PAGE 3
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and all liens, encumbrances, conditions, assessments, and
restrictions, except for the following:
1. General real estate tales for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Seller's sole expense, issued by Republic
Title Company, Dallas, Texas (the "Title Company"), in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property
subject only to those title exceptions listed in Closing
Requirements hereof, such other exceptions as may be
approved in writing by Purchaser, and the standard printed
exceptions contained in the usual form of Texas Owner's
Policy of Title insurance; provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser;
and if so required, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on the
day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of this
contract at Closing in immediately available funds.
3. Closing Costs. Seller shall pay all taxes assessed by any
tax collection authority through the date of Closing.
All other costs and expenses of closing in consummating the
A sale and purchase of the Property not specifically allocated herein • p
J shall be equally shared by Purchaser and Seller.
AEE008F8 PAGES 4
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REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, to the
extent Seller has agreed to pay any such real estate commission in
writing; and Seller agrees to indemnify and hold Purchaser harmless
from any and all claims for any such commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchasers default, Purchaser as its sole
and exclusive remedy may either enforce specific performance of
this Agreement or terminate this Agreement by written notice
delivered to Seller.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller as its sole and exclusive remedy
may either enforce specific performance of this Agreement, or
terminate this Agreement by written notice delivered to Purchaser.
MISCELLANEOUS PROVISIONS
1. Assignment of Agreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. Notice,. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
• postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party. r
4. Texas Law to Amly. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
Denton County, Texas.
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5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective legal
representatives, successors acid assigns where permitted by this
Agreement.
AEE008FS PAGE 5
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6. Legal Construction. In case any one or more of the pro-
visioy,s contained in this Agreement shall for any reason be held to i,
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
11. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this day of 1997.
PURCHASER
THE CITY OF DENTON, TEXAS
BY:
0 ' Ted Benavides
City Manager
215 E. McKinney
Denton, Texas 76201
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY. al~ w
SELLER
Hickory Creek Development
Partners, LTD, a Texas
Limited Partnership
BY: HSM Development, Inc.
a Texas Corporation,
its General Partner
BY: cYJ "1x~t~n ti
Don R. Plunk, President
ATTEST:
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BY:
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AEB00M //PAGE 7
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ALL that certain Mt, tract ar pared stir ON ar Wiffig dt=W In Ire Clq
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IS Ile Real Prw" Raaards dDooms Caoaq►, Tan lod balmg nears
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THENCE SovO 40° 30' 16" East a dbtam o(34.40 foet to a plat far cornier;
w 'T'HENCE South W 21' 44" West a dldtaace of 673.12 test to tk POINT OF
BEG04MG and eoahitias 2.909 acres of load. •
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LOCATION MAP f
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EXHIBIT III
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CITY OFDENTON,7EKAS NnlnPmd.cnonDu,ion/l701BSpencvrrd./Drnrat rsra, %Q?D!/GIO!lR7S0!/F~GfOlIR'!06
MEMORANDUM
TO: Members of the Planning and Zoning Commission
FROM: Tim Fisher
Water Production Manager
DATEi June 4, 1997
SUHJECTs Request for Recommendation to City Council to Purchase
a 2.91 Acre Tract of Land at the City of Denton's Lake
Lewisville Raw Water Intake and Pump Station
Facilities.
The current water supply for the City of Denton comes from the
surface water treatment plant located on Spencer Road in
southeast Denton. This plant has a capacity to treat up to 30
million gallons per day and it is presently the sole source of
water supply for the community.
The plant was originally constructed in 1957 and the off-site
facilities included a raw water intake, wet well and pumping
station located on the north shore of the Hickory Creek arm of
Lake Lewisville. A nine milo long 27" diameter transmission line
was constructed which conveyed the lake water from the pump
station to the treatment plant. In 1975, a parallel 30" diameter
transmission line was added for additional capacity as the pump
station and treatment plant capacity was expanded over the years.
During the late 1950's when these facilities were constructed,
the off-site improvements were constructed in areas that were
largely undeveloped and rural in nature. Due to the large
expense associated with the city's conversion from ground to
surface water, these off-site facilities were installed in
utility easements. No outright purchase of property was obtained
for any of these facilities, including the raw water intake and
pump station. over the years, several large tracks of land which
contain these utility easements have been purchased by
0 developers. These include a 33 acre tract of land recently
purchased by the Henry S. Miller Corporation which is adjacent to
J the raw water pump station. (see attached location map). The raw
water pump station and intake structure are located on an
easement on the U.S. Army Corps of Engineers property. The city
owned electric power lines, raw water transmission lines (27" and
30" diameter) and access road to the pump station are located in
a 40 ft. wide easement located on the Henry S. Miller tract of
land.
EXHIBIT IV
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The topography of the lend on the north shore of the Hickory
Creek arm of Lake Lewisville is somewhat steep. Since the U.S.
Army Corps of Engineer's land purchased for the construction of
Lake Lewisville was based upon anticipated lake levels, the
amount of government owned land between the lake and the adjacent
private property is generally limited. The raw water pump
station is only about 20 feet from the private property line.
The existing security fence and driveway turn around at the pump
station physically encroach onto the private property, although
much of this encroachment lies within the 40 ft wide easement.
The 33 acre tract of land was previously owned by the Ann
Bradshaw Stokes Foundation. The Bradshaws were the original
l owners of the property when the city obtained the easement rights
for the access, power and transmission lines to and from the pump
station. Over the past 40 years that these facilities have been
operational, the city utility department has had a cooperative
and friendly relationship with the Bradshaws and their
representatives. The city has also benefited by the fact that
the property was undeveloped, heavily wooded, and the only house
on the property was over 600 feet from the pump station. Once
this property was sold to a developer, utility staff became
concerned about possible problras which might occur due to land
development occurring this :'-3se to existing city owned
facilities. These concerns ?nclueed:
1. Complaints from homeowners about the noise and lights
running at the pump station. The facility is unmanned
but runs 24 hours a day, seven days a week year round.
2. Increased liability exposure due to the high voltage
power supply, rotting equipment, storage of treatment
chemicals, and the restricted area near the intake
structure.
3. Water quality dagradation due to urban run-off into the
small watershed area directly to the north of the water
intake point.
4. The impact of potential on-site sewage treatment
systems (i.e. septic tank absorption fields or spray
irrigation systems), or an overflowing sanitary sewer
lift station adjacent to the water intake point.
5. The compatibility of the city's facilities with the
development plans for the property. Considerations
included routine operation and maintenance, future
rehabilitation, expansion or upgrades.
6. The limited land buffer area available to separate the
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pump station from development encroachment.
Utility staff first brought these concerns to the attention of
the Public Utilities Board back on August 21, 1995. Staff
recommended the purchase of a triangular Yedge of property on the
southeast corner of the Bradshaw tract to maintain ownership
control for the 40 ft. wide easement access used for power line
and transmission lines out to thp3 public right of way and to
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provide a suitable buffer area for the pump station. Funding for
the land purchase was subsequently proposed and approved in the
FY 1997 Capital Improvements Program.
The purchase of the triangular tract of land provided the
following benefits to the city, the developer and the future
adjacent homeowners:
1. The city would acquire ownership protection of the pump
station site which lied outside the U.S. Army Corps of
Engineers easement as well as the access road, turn-
around and parking area, pipeline and power line
easements out to a dedicated public right of way. This
would facilitate ingress and egress to the pump station
by city personnel or contractors without requiring
multiple gate openings through private homeowners
property. The developer's approved preliminary plat
had proposed a total of four lots which would be
platted across the city's pipeline, power and access
easement.
2. It allowed the city to continue to use the existing
roadway to provide access to the pump station, maintain
the overhead electric poker lines and underground
transmission lines. It would also eliminate potential
building encroachments by private homeowners within the
existing city easements.
3. The number of new homes to be built within 400 ft. of
the pump station would be reduced from 4 to 2.
4. The city would be able to maintain better security for
the pump station site by being able to Install new
fencing between the development and the acquired tract.
5. Private property that contained the City of Denton's
facilities would not be sold to future homeowners.
6. A portion of the property to be purchased would remain
In its natural, heavily wooded state. This would
maximize its beneficial use as a site and sound buffer
between the pump station and the adjacent residential
homes.
7. There would be adequate area under city ownership near
the pump station to facilitate routine maintenance by
city staff or private contractors. The ability to
access and repair transmission lines, expand or
rehabilitate the pump station or run a future parallel
0 transmission line from the pump station site would also • •
be possible.
8. The purchased property would provide the City of Denton
with over 450 ft. of property frontage adjacent to the
U.S. Army Corps of Engineers property boundary on the
lake. This would allow the city to work with the
U.S.A.C.O.E. to provide for a no trespassing
restriction within a 200 ft. radius around the intake
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zone as required by the TNRCC for public water supply
intakes.
9. The triangular area that is isolated from the southeast
corner of the 33 acre tract by the city's 40 ft. access
easement lies generally downstream from the city's
transmission pipelines. The transmission pipelines in
this area operate at pressures between 60 to 140 pounds
per square inch. Due to the pipeline pressures and
surge conditions, the transmission lines adjacent to
the pump station site are at the greatest risk
potential for leakage or breaks. The acquisition of
this area provides three additional benefits=
A. Reduces private property damage liability to
the city.
b. Allows for right of way to construct a
parallel transmission line from the pump
station, and,
C. Provides a site and sound screening buffer
between the pump station and the adjacent
tract of land to the east.
The property to the east has significant potential for
future development due to its size and proximity to the
lake.
Funding for the acquisition of the 2.91 acre tract of land would
come from existing water utility bond funds.
The development of the 33 acre tract of land has progressed to
the point where construction of roads, utilities and other
improvements will begin over the next several months. The Town
of Hickory Creek has already approved the development's zoning
and the preliminary and final plats. The prior situation where
the city was able to maintain access and minimize trespassing and
other liabilities will change as a result of this development.
Future acquisition of the property will be even more costly as
the lots sell and homes are constructed in the area.
rn closing, staff recommends acquisition of this tract of land
• due to the benefits to the city outlined above.
Tim Fisher
• Attachments: • b
Site Map
J Copy of final plat with land purchase
X.C. Howard Martin
R.E. Nelson
Mike Copeland
Roger Wilkinson
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lyy/ UAVIIAL iIVIVHUVtMt(VI PhUJLUI # 97-0460-01
PRQI i ITLE: (G) LAND PURCHASES FOR LAKE LEWISVILLE RAW WATER PUMP STATION-
TRANSMISSION SYSTEM
ESTIMATED COST: $85 1030)
GROUP ASSIGNMENT: 14
DESCRIPTION: This project would provide for the purchase of property near the Lake Lewisville
raw water pump station and along the transmission pipeline system as needed to
prevent development from encroaching on the top of the existing facilities.
PURPOSE: When the Lake Lewisville raw water pump station and 271 transmission line system
was constructed In 1957, geese facilities were installed In rural areas on utility
easements. No outright purchase of property was obtained for any of these facg-
des. Recently, several large tracks Oland which oontain these udYty easemens
have been purchased by developers. These inckWe the 35 sore tract of lend
adjacent to the raw water pump ctation on Lake Lewisville. With ody easement
protection and no outfight ownership of property by the City of Doom, the utility
faces the likelyhood of subdivision anc roachinard with numerous back yard cross
fences and multiple property owners to provide access to the 271 trammnission line.
This pipeline kvi odes numerous air release valves, drain valves, and Isolation valves
which require annual routine maintenance. The raw water pump station is an un-
marred facility and the potential development encroachment of a redder" aub-
dMsion Irnmedle" ad)arAnt to We bcaU will cause complaints of note
from the pump equipment, safety concerns, and (ability for the City. This
project will allow for the purchase of a boiler area between the pump station and
the MAKIvlsion to help minimize these problems,
I
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL 1 ST YR SU s0 $0 s0 $85 $85 s0 s0 s0 $85
TOTAL 2ND YR $0 $0 so 40 s0 $0 s0 so $0 $0
TOTAL 3RD YR $1 s0 so $0 $0 $0 so s0 s0 $0
1 GRAND TOTAL $85 $0 so $0 us $85 s0 s0 $0 s85
ENCUMBERANCE DATES: Encumbered as spent:
• PHASE DATE AMOUNT OBJECT
Land Purchase 05/97 $60 9002
Engineering Design
Inspection
Construction C
• Survey & Legal 12/98 $5
ENCUMBERANCE TOTAL $85
COMMENTS:
3/28/x.,68:17 P a 03 EXHIBIT V
v 400
Aganas No.,..-. a~1
CITY COUNCIL REPORT Agenda Item
Date_ _57~-f--
DATE: July 18, 1997 f
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Supplemental Agreement No. 04 - Agreement for the
Installation and Reimbursement for the Operation and
Maintenance of Traffic Signals within a Municipality
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute the
Supplemental Agreement
SUMMARY:
The proposed Supplemental Agreement No. 04 Will increase the annual
amount from $12,577.88 to $14,319.88 ($1,742.00) reimbursed from
TxDOT to the City of Denton. The City's traffic division will be
required to maintain the additional signalized intersection (IH35E
and McCormick Street).
BACKGROUND:
The original agreement dated November 15, 1991 was approved by
Resolution No. R91-067. This agreement was for four intersections
along Interstate Highway 35 and 35E. Each time a signal is
installed along the interstate, a supplemental agreement is
executed. The proposed Supplemental Agreement No. 04 will increase
the number of signalized intersections along the interstate
maintained by City crews to nine.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
The Engineering/Transportation Department, Traffic Division will
perform the required maintenance as per the agreement.
FISCAL IMPACT:
'ihe additional revenue will be included in the annual budget
process.
Please advise if I can provide additional information.
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RESQ'LlMITTED:
Ric a
• Deputy City Manager
Prepared by: • O
Jerr C arc
Dir ct of ngineering & Transportation
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER OF DENTON, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF
DENTON A SUPPLEMENTAL AGREEMENT TO CONTRACT NO. 182XXM5013; SAID
CONTRACT IS WITH THE TEXAS DEPARTMENT OF TRANSPORTATIO!': AND 1.1;
ENTITLED "AO EEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR
THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A
MUNICIPALITY"; THE SUPPLEMhi."' AT. AGREEMENT IS ENTITLED SUPPLEMENTAL
AGREEMENT "04" AND SHALL AMEND EX11l2IT "1" OF THE ABOVE CONTRACT BY
ADDING f1[E TRAFFIC SIGNAL AT I.H. 35E AND McCORMICK STREET; SUCH
SUPPLEMENTAL AGREEMENT SHALL FURTHER AMEND ARTICLE "4" OF THE
CONTRACT, ENTITLED "COMPENSATION", DY INCREASING THE REIMBURSEMENT
?OR THE CITY'S MAiN°iENANCE COSTS FOR THIS TRAFFIC SIGNAL AT I.H. 35E
AND MICORMICK STREET; PROVII)iNG A SAVINGS CLAUSE; PROVIDING A
REPEAL CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, On the 26"' day of November, 1991, an Agreement for the installation and
Reimbursement for the Operation and Maintenance of Traffic Signals within a MLnicipalit was
enterer into by and between the Texas Department of Transportation and the City o° Denton, and
subsequently identified as contract No. 182XXM5013;
W`IEREAS, the parties to this agreement have mutually determined that it is n%esssry to
amend the original agreement to reflect an additional traffic signal location and additional
compensation for maintenance of such traffic signal by the City of Denton;
WHEREAS, the City Manager for the City of Dento.t iS the chief executive officer and
the head of the administrative branch of the city government and is thorized to execute this
agreement on behalf of the City of Denton;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
O
SECTION 1. That the city manager is hereby authorized on behalf of the City of Deacon
to ^xecute a supplemental agreement, entitled supplemental agreement "04" to contract
#182XXAI5013 entitled "Agreement For The Installation And Reimbursement For The
Operation And Maintenance Of Traffic Signals Within A Municipality"; said supplemental
agreement shall amend Exhibit "1" of the above contract by adding the traffic signal location of
• 1.11. 35 E and McCormick Street to the list of signal locations contained in exhibit "l; all O
provisions of this contract and exhibit not specifically changed herein shall remain in full force
and effect.
SECTION 11. That such supplemental agreement shall further amend the above contract
under article "4", entitled "compensation", by increasing the reimbursement for the City's
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maintenance costs for the traffic signal at I.H. 35E and McCormick Street; that dhe maximum
amount payable under this agreement is increased from $12,577.88 per year to $14,319.88; all
provisions of this contract and exhibit not specifically changed herein shall remain in full force
and effect.
SECTION 11l. That if any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are seve, able.
SECTION !V. That all provisions of the ordinances of the City of Denton in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall
remain in full force and effect.
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
ATTEST:
JENNIFER WALTER_S, CII Y SECRETARY
BY: _
• APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY: - -
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Contract No. 182XXh45013
SUPPLEMENTAL AGREEMENT NO. 04
TO
AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE
OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS
WITHIN A MUNICIPALITY
WHEREAS, on the 26th day of November ,19 91 an
Agreement for the Installation and Reimbursemen! for the Operation and Maintenance of Traffic
Signets within a Municipality was entered into by and between the Texas Department of
Transportation, hereinafter called the 'State,' and the City of Denton , bereina`er
called the'City,' and subsequently identified the agreement as contract No. 1U AXM5013 ;
and
WHEREAS, the parties to this agreement have mutually determined that it is necessary to
amend the originel agreement due to the following reasot*casons:
NOW, THEREFORE, Contract No. 182XXM5011 is amended as follows:
EXHIBIT I
EXHIBIT 1 is amended to edd/delete the traffic signal(s) installation(s) at the imersection(s) of
IH 35L and McC ck . A
copy of the revised EXHIBIT I is attached hereto and made a part of this agreement.
Article 4. Comoeosa io
I he maximum amount payable under this agreement is increased/decreased from
$12,577,88 per year to A14.319.88 per year in accordance with the above
changes. Calculations for the inrrease/decrease to the maximum amount payable are as follows:
• AMOUNT OF THIS SUPPLEMENTAL AGREEMENT S 1,742.00
ORIGINAL MAXIMUM AMOUNT PAYABLE PER YEAR $ 6.968.00
TOTAL PREVIOUS SUPPLEMENTAL AGREEMENTS $ 5,609.88
9 REVISED MAXIMUM AMOUNT PAYABLE PER YEAR S 14.319..°y_
• •
J SUPPLEMENTAL - LOCATION 1 of 2 8-96
TRAFFIC SIGNAL - TYPE R
r
ARUCLE S. Payment
The amount of this supplw=tal agreement shown above shall be a prorated amount based on the
cost for the type of installation calculated,-* EXHIBIT 3 of the originsl agreement and any
increases or decreases caused by any subsequent supplemenW agreements, The (moothly/
quarterly/annual) Payment shall be adjusted accordingly.
All other terms or conditions are uncbanged and ranaia in full force and effect.
IN WITNFSS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT.
The Cityof Denton THE STATE OF TEXAS
Executed for the Executive Director and
By: approved for the Texan Traasportaation
(Name) Commission under the Authority of Minute
Order 100002 and Stand Alone Manual
Notice 96.3, I.x the purpose and effect of
(Title) activating and/or carrying out the orders,
estabtished policies or work programs by tho
Texas Traisportation Commission.
(Date)
ATTEST: APPROVED:
By:
City Secretary Dallas District Engineer
Date:
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'J 1 SLPPLEMENTAL - LOCATION 2 of 2 8-96
TRAFFIC SIGNAL - TYPE R
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EXHIBIT I
Signalized iotersections on State Highways located with the City of Deotoo
LOCATION TYPE OF SIGNAL
I. I.H. 35E ® Loo? 288 Diamond [n.erchaoge with one controller
2. I.H. 35E ® F.M. 2181 Diamond Interchange with one controller
3. I.H. 35E Q U.S. 377 Diamond Interchange with one controller
4. I.H. 35E Q U.S. 380 Diamond Interchange with one controller
5. I.H. 35E Q Avenue D
Diamond Interchange with one controller
b. I.H. 35E Q F.M. 1515
7. 1.11. 35 Q U.S. 77 Diamond Interchange with on, controller
S. I.H. 35E Q U.S. 77 wing Besoen
9. I.H. 35E Q McCormick Diamond Ioterch oge with ooa controller
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EXHIBIT I - LOCATION 1-1 8-96
TRAFFIC SIGNAL - TYPE R
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CITY COUNCIL REPORT Agenda No.
Agenda hteydi~ CT-T
DateQ,
DATE: July 25, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Real Estate Contract (Tripp - U.S. 77 Right-of-Way)
RECOMMENDATION:
Approvi contract authorizing City Manager to execute a contract for
the acquisition of right-of-way in the name of the State of Texas,
acting by and through th- Texas Transportation Commission;
authorizing the expenditure of funds and declaring an effective
date.
SUMMARY/BACKGROUND:
The contract price of $30,230.00 represents $18,230.00 for the
right-of-way and $12,000.00 for the improvements (fences, gates,
pillars, and drive surface). This land value was determined by an
independent appraiser and the report reviewed for conformity with
the TxDOT requirements. The appraisal and review appraised
services were approved by City Council earlier this year
(Professional Services Contracts).
The highway will be reconstructed from the present two lanes to a
curbed four lane divided section with a raised median, from Ili 35
south to FM 2154. The Elm street portion, from FM 2164 south to
University Drive, will be widened to a three lane curbed section.
The Locust street section was reconstructed in the mid 1980's and
is of adequate width to accommodate the proposed. The total number
of parcels to be acquired is approximately 62. The Planning and
Zoning Commission was briefed on the overall project at their July
23, 1997 meeting. A motion to approve the project was made and
seconded. A vote of seven in favor and zero against was recorded.
j
0 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Citizens and businesses will be affected during tiie construction
phase.
FISCAL IMPACT
S Cost for the right-of-way, private improvements, and utility • •
relocations.
II
AEE0083A
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Real Estate Contracr
Tripp - U.S. 77 Right-of-Way
page 2 of 2
Please advise if I can provide additional information.
RESP LY SUBMITTED:
k 00
R c S a
Deputy City Manager
Prepared by:
o
RogeN.
Cx,
JJerr'v ar P.E.
Dir or of Engineering and Transportation
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cg\doce\ord\tripp.ord
ORDINANCE NO. _
AN ORDINANCE AUTHORIZING TH; CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH 808. E. TRIP, TRUSTEE, DAVID E. TRIPP, TRUSTEE AND
CELIA TRIPP REID, TRUSTEE, FOR THE PURCHASE OF APPROXIMATELY 1.302
ACRE TRACT OF LAND KNOWN AS PARCEL NO. 39, PART 1 i 21 U.S. HIGHWAY
770 DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING
PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSo.
~gglf~ That the City Manager is hereby authorized to
execute a Real Estate Contract with Bob E. Tripp, Trustee, David E.
Tripp, Trustee and Celia Tripp Reid, Trustee for the purchase of
approximately 1.302 acre of land known as Parcel No. 39, Part 1 i
2, U.S. Highway 77, Denton, Denton County, Texas for the U.S.
Highway Widening Project, a copy of which is attached hereto and
incorporated by reference herein.
SECTION 11, That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the _ day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY i
BY:
• 0 O
APPROVED AS TO LEGAL FORM:
HERBERT L. PRJUTY, CITY ATTORNEY
BY: M-KA/
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REAL EST:TE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Bob E. Tripp,
Trustee, David E. Tripp, Trustee and Celia Tripp Reid, Trustee
(herein=after referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for all that certain tract, lot or
parcel of land described in Exhibit "A" attached with all rights
and appurtenances pertaining to the said property, including any
right, title and interest: of Seller in and to adjacent streets,
alleys or rights-oE-way (all of such real property, rights, and
appurtenances being hereinafter referred to as the "Property"),
together with any improvements, fixtures, and personal property
situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisir. is, and conditions hereinaf-
ter set forth. Seller shall pay all cost for the removal,
installation, construction, reinstallation, reconstruction, labor
and materials for any and/or improvements located within the
property described in Exhibit "A". Any improvements not removed by
January 1, 1999 shall become property of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $30,230.00.
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
• of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Title Rerort. Within twenty (20) days after
the date hereof, Seller, at seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owners policy commitment (the "Commitment") accompanied by copies
P of all recorded documents relating to easements, rights-of-way, O 0
etc., affecting the Property. Purchaser shall give Seller written
notice on or before the expiration of ten (10) days after Purchaser
receives the Commitment that the condition of title as set forth in
the Commitment is or is not satisfactory. In the event Purchaser
states the condition of title is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
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unacceptable matters to the reasonable satisfaction of Purchaser.
e In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes, otherwise, this condition shall be
deemed to be acceptable and any objection thereto shall be deemed
to have been waived for all purposes.
2. Survev. Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Prcperty, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, ind shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or ocher water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Ccmoliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
1 pending or threatened condemnation or similar proceeding or asses-
sment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any such
proceeding or assessment contemplated by any governmental authori-
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ty.
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3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property, Such
toxic or hazardous wastes or materials include, but are not limited
to, hazardous materials or wastes as sane are defined by the
Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), as amended.
CLOSING
The closing shall be held at the office cf Dentex Title Company
on or before August 29, 1997, or at such title company, time, date,
and place as Seller and Purchaser may mutually agree upon (which
date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged General Warrancy Deed conveying good and
marketable title in fee simple to all of the Property, free
and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions, except for the
following:
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
• B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Title Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of the
purchase price, insuring fee simple title for the State of
Texas to the Property subject only to those title excep-
® tions listed in Clos Reqgi e~ ments hereof, such other • o
exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form
of Texas Owner's Policy of Title Insurance, provided,
however: may,
AEE008FE PAGE 7 ~V
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1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller;
2. The exception as to restrictive cove-
nants shall be endorsed "IJone of Record";
3. The exception for t?,:es shall be
limited to the year of clc-ing and shall
be endorsed "Not Yet [sue and Payable"; and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on the
day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of this
contract at Closing in immediately available funds.
3. Closing Costs. Seller shall pay all taxes assessed by any
tax collection authority through the date of Closing.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be paid by Purchaser and Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement by written notice delivered to seller.
1
BREACH BY PURCHASER
4 In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCKASER'S OBLIGATIONS having been satisfied and 0 O
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
AEE008FE PAGE 4
Ln........-...._.r~..-..:r»~T9~~1 1
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MISCELLANEOUS
1. Assignment of Agreement. This Agreement may not be
ass'gned by Purchaser without the express written consent of
Seller.
2. purvival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deei,ied received when sent by United :'tates mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to Anoly. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provisionz had never been
contained herein.
7. prioK Agreements Sv,)erseded. This Agreement constitutes
the sole and only agreement ,f the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
•
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otaerwise.
10. Memorandum of Contract. Upon request of either part
` both parties shall promptly execute a memorandum of this Agreement
s..'table for filing of record. / O •
,J AEE008FF. PAGE 5
_ 4.
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11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a pol£--y of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. Time Lim _t: In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
af:.er Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this day of 1997.
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
BY: Sob E. T 'pp, Tirgstee Ted Senavl es
Y(ll~.;~7 City Manager
Y 215 E. McKinney
avid E. Tripp, trustee Denton, Texas 76201
Celia Tripp id, Trust 6e -t-.
STATE OF TEXAS
COUNTY OF DENTON
Th instrument was acknowledged before me on thisG day
of 1997 by Bob E. Tri stee.
JOAN R. POOLE Notary LPUb ,-4i - d for the
me- j
Wary Powir,$utedTan State of Texas j
aj • • Yy form [spiry lUll/9l
I
STATE OF TEXAS
COUNTY OF DENTON
•
his instrument was acknowledged before me on this day
of ( x,11 1997 by David E. Tripp Trustee.
,0//", ORA
Notary
"lli c in and for the
• State exas
SHELBY JEAN HALL
• ~ • NOTARY PUBLIC
STATE OF TEXAS
AEE006 F£ PAGE 6 ^W Cow., Ev. &15.2000
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this ~S day
of S Q6 , 1997 by Celia Tripp Reid, Trustee.
0000000000000000 _
l+ ROGER N. NALNINSON
RiDk'0f rm°` Notaz ubl In and for the
M~tanNStbnF,~trn01'7P199e State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day
of , 1997 by Ted Benavides, City Manager, of
the City o Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
said City of Denton, Texas, a municipal corporation, that he was
duly authorised to perform the same by appropriate ordinance of the
City Council of the City of Denton and that he executed the same as
the act of the said City for purposes and consideration therein
expressed, and in the capacity therein stated.
Notary Public in an or t e
State of Texas
e e •
AEEOOBFE PAGE 7
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EXHIBIT
County Denton Page t of 2
Highway U.S, 77
Project Limits: From I.H. 35 Rev. December 2, 1994
To U•5.380
CS1: 0195.02-040
Account:
FIELD NOTES FOR PARCEL 39 PART 1
BEING A PARCEL OF LAND SITUATED IN A CALLED 128.691-ACRE TRACT OF LAND CONVEYED TO BOB E.
TRIPP AND DAVID E. TRIPP, TRUSTEES, RECORDED IN VOLUME 998, PAGE 376, DEED RECORDS OF DENTON
COUNTY, TEXAS IDRDCT), AND BEING SITUATED IN THE B.B.B. & C.R.A. SURVEY, ABSTRACT NO. 186, AND
BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS:
COMMENCING for reference at a found highway monument being the most easterly northeast corner of said Tripp
tract and said point being on the existing west right of way fine of FM 2164;
THENCE S 000 53' 06' E, along the east line of said Tripp tract and the existing west right of way line of FM
2164, a distance of 101.54 feet to an angle point;
THENCE S 000 19' 08' E, continuing along said common line, a distance of 33.30 feet to an angle point;
THENCE S 010 01' 52' W, continuing along said common Ana, a distance of 706.02 feet to a 518-Inch Iron rod
with an aluminum cap set for a corner clip in the new north right of way of FM 2164;
THENCE S 460 13' 28' W, crossing said Tripp tract and along the new north right of way line of FM 2164, a
distance of 25.00 feet to a set 518-inch iron rod with an aluminum cap, said point being on the south line of said
Tripp tract and the north line of a called 5-acre tract of land conveyed to W.C. Orr, recorded In Volume 197, Page
75, DROCT, and being in the new north right of way line of FM 2164;
THENCE N 880 46' 32' W, along the south line of said Tripp tract and the north line of said Orr tract and the new
north right of way line of FM 2164, a distance of 369.04 feet to a set 518-inch iron rod with an aluminum cap
being the POINT OF BEGINNING and said point being on the new north right of way line of U.S. 77;
III THENCE N 880 46'32'W. along a line common to said Tripp tract and said Orr tract, a distance
of 153,22 feet to a point on the existing no; th right of way fine of U.S. 77;
(2) THENCE N 520 00' 33' W, along a line common to said Tripp tract and the existing north right
of way line of U.S. 77, a distance of 47.61 feet to the beginning of a circular curve to the left
0 having a radius of 1057.37 feet
(3) THENCE northwesterly along said curve to the left, commoi to said Tripp tract and the existing
north right of way line of U.S. 77, through a delta angle of 080 35' 11', an arc distance of j
158.46 feet, and having a chord which bears N 540 01' 32' W, a distance of 158.31 feet to a
point of tangency;
0 (4) THENCE N 580 19' 08' W, continuing with said common fine, a distance of 845.85 feet to a 0 0
found concrete monument;
J (5) THENCE N 580 38' 39' W, continuing with said common line, a distance of 112.87 foot to a
point being the Intersection of the existing north right of way line of U.S. 77 and the existing east
fine of Windsor Drive (a 60 foot right of ways, and being In a non-tangent circular curve to the left
having a radius of 570.83 feet; A
o-uwaty
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EXHIBIT 'A'
County Denson Pape 2 of 2
Highway U.S. 77
Project Limits: From LH. 35 Rev. December 2, 1994
To U.S.380
CSJ: 0195-02.040
Account:
FIELD NOTES FOR PARCEL 39 PART 1
(6) THENCE northeasterly, along a curvy to the INt common to said Tripp and the east right of way
line of Windsor Drive, through a delta angle Vi 030 39'37% an arc distance of 36.47, and having
a chord which bears N 350 07' 40" F. , distance of 36.46 feet to a set 5/8-Inch iron rod with
an aluminum cap, some being a point on the now north right of way line of U.S. 77;
(7) THENCE S 170 01' 30" E, siong the new north right of way tine of U.S. 77, a distance of 20.12
feet to a set 518-inch iron rod with an aluminum cap, being in a non-tangent circular curve to the
left having a radius of 3769.72 feet;
(8) THENCE southeasterly, along the new north right of way line of U.S. 77 wi',h said cums to the
left, through a delta angle of 010 28' 32', an arc distance of 96.83 feet, and having a chord
which bears S 64" 57' 38" E, a distance of 96.83 feet to s set 518-Inch iron rod with an
aluminum cap, being s point of reverse curvature to the right having a radius of 3679.72 feet;
19) THENCE southeasterly, along the new north right of way line of U.S. 77 with said curve to the
right, through a delta angle of 07 a 56' 19% an are distance of 537.56 feet, and having a chord
which bears S 61" 43' 45" E, a distance of 537.13 feet to a set 5/8-h ch Iron rod with an
aluminum cap;
110) THENCE S 586 06' 49' E, along the new north right of way line of U.S. 77, a distance of 105.52
feet to a set 5/8-inch iron rod with an aluminum cop, being the beginning of a circular curve to
the right having a radius of 908.09 feet;
01) THENCE southeasterly, along ft new north right of way fine of U.S. 77 with said curve to the
right, through a delta angle of 100 29' 46', on arc distance of 165.98 feet, and having a chord
which bears S 52° 29' 53• E, a distance of 165.75 feet to a set 5/8-inch iron rod with an
aluminum cap, being a point of reverse curvature to the left having a radius of 334.46 feet.
(12) THENCE southeasterly, along the new north right of way line of U.S. 77 with said curve to the
left, through a delta angle of 30° 33' 66', an we distance of 178.42 feet, and having a chord
which beers S 820 13' 39" E, a distance of 178.31 feet to the POINT OF BEGINNING, and
containing 1.298 acres, or 56,548 square feet of (and, moire or less.
John F. Wilder, R.P.L.S. t,~1P60tS7p• Gtte O O
Texas No. 4285 ~~~;~~rJ,r'PT~ 3h
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EXHIBIT 'A'
County Denton Pape 1 of 1
Highway U.S. 77
Project Urr,its: From I.H. 35 Rev. November 28, 1994
To U.S.380
CSJ: 0195.02.040
Account:
FIELD NOTES FOR PARCEL 39 PART 2
i
BEING A TRIANGLE SHAPED PARCEL OF LAND SITUATED IN A CALLED 128.691-ACRE TRACT OF LAND
CONVEYED TO 806 E. TRIPPAND DAVID E. TRIPP, TRUSTEES, RECORDED IN VOLUME 996, PAGE 378, DEED
RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BrJNG SITUATED IN THE B.B,8, & C.A.R, SURVEY,
ABSTRACT NO. 186, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING for reference at a found highway monument being the most easterly northeast corner of sold Tripp
tract and said point being on the existing west right of way One of FM 2164;
THENCE S 000 53' 06' E, along the east One of said Tripp tract and the existing west right of way line of
FM 2154, a distance of 101.54 feet to an angle point;
THENCE S 000 19' 08' E, continuing along said common line, a distance of 33.30 faet to an angle point;
THENCE S 010 01' 52' W, continuing along said common line, a distance of 706.02 feet to a 518-Inch Iron rod
with an aluminum cap set for a comer clip in the new north right of way of FM 2164 and the POINT OF
BEGINNING;
it) THENCG S 010 01' 52' W, &Iwo a line common to said Tripp tract and the existing west right
of way this of FM 2164, a distance of 17,68 feet to a point, being the southeast corner of said
Tripp tract and the northeast corner of a 5•scre tract of land conveyed to W.C. 0:.P, tacorded In
Volume 197, Page 75, DRDCT;
12) THENCE N 880 46' 32' W, along a line common to sold Tripp tract and said Orrtract, a distance
of 17.74 feet to a set 518-Inch Iron rod with an aluminum cap In the new north right of way One
of F.M. 2164;
(3) THENCE N 460 13' 28' crossing sold Tripp tract and along the new north right of way One of
F.M. 2164, a distance of 25.00 feet to the POINT OF BEGINNING, and containing 0.004 acre or
167 square feet of land, more or toss.
~1-
JoM F. Wilder, R.P.L.S. y'SQ''6IST& t}- Data
Texas No. 4285 Q,.• ;O
JONN~F. WILDER
• • 0
4255 'Q
o-t41IMY
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10/10/95 Oa: 41 8317 353 2267 71 D 0 T DE%70N ®001
rill Y RRF
--7AI', Rom
ON v FDA
Texas Department of Tranep`t aT ion
P.A. BOX 3067. r]4 IM, TEXAS 7SM1-M7 • (214) 32041100
September 30,1996 TEXAS
DEPARTMENT OF TRANS PORTATION
Denton county DENTON CWNTY
CSJ 0195.02.040 MAINTENANCE OFFICE
US 77 From LH. 35
To US. 380
RELEASE OF PROJECT FOR RIGHT OF WAYACQUlSI170N OCT O Z 1996
Mr. Ted 13mnides - DENTON, TEXAS
city Manager RECEIVED
City of Denton
215 E. McKinney
Denton, Texas 76201
Dear Mr. Banavida:
We we pleased to inform you of the Texas Dgmtnesd at Tramsportstion's miame of captioned project for tight of way
acquisition. The cost of Pmshasmg the right of way, inchtdiog tho relocation of u0lidol, is tho respoosrbility of the City of
Denton cost to Aran We in the name of the Stale of Texas wM bathe reepomUity of the City. Re)oeaeaa of personal property
as may be deta,minod to be eligible under the Rdocation Asaidaooa program will be handled by the Torus Depatmmt of
Transportation
. 'ibis project involves the we of federal fim& To man fedard eligibility, needed not of wry must be acquired in aeoordaace
with the requirements of the Uniform Relocation Assistance and Real Property AcgaiAtion Ad of 1970 as am=kd by the
Surface Transportation and Uniform Relocation Asdstaw Act of 1987.
WL;EcoAthmchoclr lilt shown m page 17 of the booidet Est be Seed rnd and sigaod by a pastas qualified is eaviro~eaW
matters. _
We are sending booldets 'The Purdiato of Ri ght of Way" and "Relocation Assistawel for yaw use. Legal land desaiptioru
1% for use as "Exhibit A", Texas Department of Taaspartdm' Forms, and two (2) copies of the right of wry map to aid you is the
acquisition process.
O Should ynri need assisuoa or have txmcaning right of way soq isitioo, pleas direct your inquires to Harlan Moore
at (214)3204267 or by FAX at (2 4)3206650. Y
Fax Transmittal Memo rwwaa, [ Asay -1
674
Ta OGER WrLKfN roes: RkM GoP/if- "kerryL.May, PJ1
A Co.. Dd N7o M - cr T Y Co. --6 U District RI& of Way Administrator
C
De I: 6W 61Q:kR phane s 387-141
1-0 Fex1383-Z7o7 faxtt its-2.L47
r~L M Equd QWXhP.rY Hn00W
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CITY OF DENTON. TEXAS CITY HALL WEST • 221 N. ELM DENTON, TEXAS 76201
(817) 566-8200 DFW METRO 434-2529
June 25, 1997
Bob E. Tripp, Trustee, etal Re: U.S. 77 Right-of-Way
10722 Bushire Drive Acq. Parcel 39
Dallas, TX 75229 Part 1 & 2
Dear Mr. Tripp,
Enclosed are three copies of a Real Estate Contract for the purchase of the above referenced
property associated with the U.S. Highway 77 widening project. The contract price of
$30,230.00 (the appraised value of the land being $18,230.00 and $12,000 for improvements
listed on "Improvements" in the acquisition, page 14 Fanning and Associates appraisal report-
copy attached).
Also enclosed are two copies of the right-of-way map for the proposed highway widening
illustrating your property frontage and drive approaches. The drives as discussed in our meeting
of Tuesday, June 24, 1997 have been added to reflect; a 12' approach approximately 190'
southeast from Windsor Drive; a 16' approach approximately 180' southeast from the past
mentioned drive; a drive approach in alignment with and across from Bolivar street; and a future
drive approach between Locust and Elm streets. These drives locztions are acceptable with the
City of Denton Engineering and Transportation Department to be constructed as part of highway
widening project or as noted on the map.
Please execute two copies of the contract and return to me for City Council action. Your
immediate response will be appreciated. We would like to schedule for the July 15, 1997
meeting,
• Since ly,
Roger N. Wilkinson
• Supervisor of Engineering Tears
Right-of-Way • •
AEEOO8F3
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'Dedicated to QuXiry Service"
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~QenCa No ~7- 0~
Agenda Item eair_
Date_
CITY COUNCIL REPORT
TO: The Honorable Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: RELNIBUP.SENIENT RESOLUTION
RECOMMENDATION:
Staff recommends that the City Council approve the attached reimbursement resolution. The
resolution will allow the Engineering Division to proceed with the Spencer Road Culvert project
near Mayhill.
SUMMARY:
The Engineering Division is currently in need of capital funding for a project. Although the
Capital Improvement Plan for 1997-98 includes a bond sale in the Spring of 1998, the
Engineering Division is in need of funding prior to that sale. The attached meao explains the
A necessity of the funds.
Legislation now includes a provision for designation of project expenditures prior to a bond sale
as reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of
$30,000 of Utility fund expenditures to be reimbursed with proceeds from the bond sale
scheduled for April 1998.
• A O
The approval of this resolution will allow the project to progress, yet dm not require early
issuance of debt.
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DEPART! TENT AND GROUPS AFFECTED: I
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The Engineering Division and the citizens that live in the vicinity of Spencer Road near Mayhill
will be affected.
FISCAL IMPACT:
The resolution will allow $30,000 of the 1998 bond sale to be expended earlier than scheduled.
Respectfully submitted:
(L
ed Vnavides
City Manager
Prepared by:
,,Q Is
Kith
Executive Director of Finance
1 TB:hs
AFF013CB i
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CITY OF DENTON, TEXAS CirYNALL WEST 221 N. ELM DENTON, TEXAS 76201
(817)5M-6M DFW METRO 434.2529
MEMORANDUM
DATE: July, 1, 1997
TO: Kathy Dubose, Executive Director of Finance
FROM: David Salmon, Engineering Administrat E
SUBJECT: Spencer Road Culvert at Mayhill Road
Binkley and Barf 9ld Engineering, inc. is in the process of
designing a new/replacement culvert structure under Spencer Road
just to the west of Mayhill Road.
The proposed culvert improvement will inclu0s a 40 foot long 8e x
8e concrete box culvert with cement treated base at each end to
control erosion of the channel banks. 125 feet of metal beam guard
rail will be installed on each side of the road over the bridge.
The new culvert will carry a 100 year storm which is considerably
more than the existing 66 inch corrugated metal culvert. The
profile of the road will be raised so there will not be as severe
of a dip over the bridge.
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AEE00697
i 'Dedicated to Quality Smite"
i. ^^jTy1 Sid. Aak.~ ~i ♦ 6t .41r-sn ~h i'~~~r u'~Si r ~'Jtl i ~~,y i
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RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR
MISCELLANEOUS DRAINAGE PROJECTS WITH BOND PROCEEDS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer') is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the do-sign,
planning, and construction of the projects described in Exhibit "A" hereto (the "Project') prior to
the issuance of obligations to finance the Project; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare ;ts intention, in accordance with the
provisions of Section 1150.2 of the Treasury Regulations, to reimburse itself for such payments
at such time as it issues the obligations to finance the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That the Issuer mason€bly expects to incur debt, as one or more series of
obligations, with an aggregate maximarn principal amount equal to S30,000 for the purpose of
paying the costs for the costs of the Project.
SECTION 11. That all costs to be reimbursed pursuant hereto will be capital
expenditures. No tax-exempt obligations will t.a issued by the Issuer in furtherance of this
resolution after a date which is later than 18 n.onths after the later of (1) the date the
expenditures are paid or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service.
SECTION 111. That the foregoing notwithstanding, no tax-exempt obligation will be
• issued pursuant to this resolution more thaw three years after the date any expenditure which is to
be reimbursed is paid.
SECTION IV. That dais resolution shall become effective immediately upon its passage
and approval.
• PASSED AND APPROVED this the day of 1497. t •
JACK MILLER, MAYOR
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ATTEST.
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
By:
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ci-v..«:-~anv'vwawen yen
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EXHIBIT "A"
Spenser Road Culvert Project near MayNII Road.
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Agenda No.~ 7.033
Agenda Item s04?6
Date
.___d~,2L g
CITY or DENrON, rEXAS MUNICIPAL BUILDING • 215 E McK1NNEY a DENTON, TEXAS 762O F
(817) 566.8200 s VFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: August 5, 1997
SUBJECT: RESOLUTION TO AUTHORIZE DELINQUENT TAX ATTORNEY 'r0 SELL
PROPERTY THROUGH SEALED BID AND AUTHORIZE THE MAYOR TO
EXECUTE DEED OF WARRANTY AFTER SALE.
RECOMMENDATION:
Staff recommends approval of she resolution to authorize the delinquent tax attorney to sell the
property, 705 Cook Street deeded in trust to the City, through sealed bid, and authorize the Mayor to
execute a deed without warranty to the highest bidder.
SUMMARY.
The City's delinquent tax attorney filed a motion in district court to collect delinquent taxes on
property known as Lot 3, Block 6, Alex Robertson Addition, Judgment was granted and the property
was offered for sale by the sheriff' on June 3, 1997. The property did not receive a sufficient bid and
was struck off to the City of Denton as trustee. The next step in the process is to sell the property to
the highest bidder, even if the bid is less than the amount due. This will enable the property to be
placed back on the property tax roll,
BACKGROUND:
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According to the Property Tax Code (Se:tion 34.05), the City may sell property for less than the
market valuc specified In the judgment or the total amount of the judgment against the property with
consent of each !axing unit entitled to proceeds.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
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Page 2
FISCAL IMPAC7%
The sale will enable the property to be placed back on the property tax roil and earning revenue.
Please advise if 1 can provide additional information.
RESPECTFULLY SUBMITTED:
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Prepared by: Ted 9enavides
City Manager
Ke u e
Executive Director for Finance
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE AND FOA
ITSELF, TO SOLICIT SEALED BIDS FROM THE PUBLIC REGARDING THE SALE
OF REAL PROPERTY; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY
TO THE HIGHEST BIDDER BY MEANS OF PUBLIC SEALED BIDS; AUTHORIZING
THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT
WARRANTY AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY
CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENTON, AS TRUSTEE,
PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Cause No. 96-0422-367, was filed by the City of
Denton, the County of Denton, the Denton Independent School.
District and Denton County Education District, in the 367th
Judicial District Court in and for Denton County, Texas, in order
to collect delinquent taxes owing upon the following described real
property, to wit:
BEING Lot 3, Block 6, Alex Robartson Addition, an Addition to
the City of Denton, Denton County, Texas; also being that same
property more yarticu.arly described in Volume 2887, Page 897
cf the Deed Records, Denton County, Texas; and
WHEREAS, the 367th Judicial District Court in and for Denton
County, Texas, granted -Judgment in favor of the taxing jurisdic-
tions of Denton County on August 15, 1996 as follows:
County of Denton $ 339.74
City of Denton $ 1,619.71
Denton Independent School District $ 2,716.08
and Denton County Education District
Title Research Fees $ 100.00
City of Denton Mowing Liens S 279.36
Total Due $ 5,054.89
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WHEREAS, at the time of said Judgment, it was determined that
the market value of the above-described real property was
$7,652.00; and
WHEREAS, the above-described real property was offered for sale
on June 3, 1997, by the Sheriff of Denton County, Texas, at a
@ public auction pursuant to Judgment of the 367th Judicial District • @
Court in and for Denton County, Texaa, for foreclosure of the tax
liens securing payment of the delinquent property taxes, as well as
accrued penalty and interest owing thereon; and
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WHEREAS, at said sale, the Sheriff of Denton County, Texas did
not receive a sufficient bid respecting the above-described real
property, as set by law, and the above-described real property was
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therefore struck off to the City of Denton, Texas, Trustee, in
trust and for itself, the County of Denton, the Denton Indepen-
dent School District, and the Denton County Education District,
pursuant to Section 34.01(c) of the Texas Property Tax Code; and
WHEREAS, all taxing units involved as judgment creditors in the
foregoing Judgement desire to resell the above-described real
property in an expeditious manner, pursuant to Section 34.05 of the
Texas Property Tax Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I- That the City Council of the City of Denton, Tex-.3
authorizes the City of Denton as Trustee, and for the benefit of
itself, and the other taxing jurisdictions in Denton County Texas,
to solicit from the public, sealed bids respecting the above-
described real property; and hereby consents to the sale of the
above-described real property to the highest bidder, even if the
highest bid tendered to the City of Denton as Trustee, is less than
the market value of the above-described real property as set forth
in the above-described Judgment of foreclosure or the total amount
of the Judgment against the above-described real property.
SECTION II. That the Mayor of the City of Denton, Texas is
hereby authorized to execute a deed without warranty and any other
documents necessary to convey the above-described real property,
sold by the City of Denton, as Trustee, pursuant to Section 34.05
of the Texas Property Tax Code.
SECTION ICI, That this resolution shall become effective
immediately 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 1
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BY:
J APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: -
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Agenda No.
Agenda Item_ Date ,
CITYOFDENTON, TEXAS MUNlC1AALSU1LDING DENTON, TEXAS 76201 • TELEPHONE817-5668309
Office of the City Secretary
MEMORANDUM
DATE: July 31, 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:
Historic Landmark Commission - Council Member Durrance has
nominated Russell Elleven.
Keen Denton Beautiful Board - Fred Patterson was nominated by
i Council Member Cochran and council had approved that nomination.
Mr. Patterson has now indicated that the meeting times for this
Board present a scheduling conflict and he will not be able to
serve.
Information Services Advisory Board - Renae Seely has resigned.
This is a nomination for Council Member Kristoferson.
Civil Service Commission - City Manager Benavides has an
appointment to this Commission.
If you require any further information, please let me know.
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Ci Secret ry
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ACCOOOF4
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'Ndicated ro Quatiry &nice"
JAL-16-1097 13:31 FROM DENTON gPPRAISAL DISTRICT TO 349eS33 P.02
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July 16, 1997 i
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Jeaa#taz Naltsrs i;
City i6~oretary i
City of Damon
ass R. McKinney
Denton., TX 76201
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Dear He Walters, i
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! Due it e, ppeersonal obligations I am forced q6' resign !r the
inEo,.rtioa servieas Advisory Board. Plealse`'a¢clc el11s let er as
my oCCticial resignation from the Infotmation'serviees isdry
Board..
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CITY OF AENTON, TEMS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE f817) 566-M7
Office of the City Manager
M E M O R A N D U M
T0: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: August 1, 1997
RE: Civil Service Commission Appointment
Each year in June, a Civil Service Commissioner comes up for
appointment or re-appointment. According to state law, they are
appointed for 3 year staggered terms. Local policy is for board
members or commissioners to hold no more than three consecutive
full terms.
My recommendation for this year is that Popo Gonzalez be appointed
to the Civil Service Commission. Popo will be a dedicated and
valuable addition to this Commission.
Ted Benav des
City Manager
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