HomeMy WebLinkAbout10-21-1997
City Council
Agenda Packet
October 21, 1997
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AGENDA Aginda Ittm
CITY OF DENTON CITY COUNCIL pate_ /0 - 2
October 21, 1997 `
After determining that a quorum is present and convening in an open meeting, the City Council i
will convene in a Closed Meeting of the City of Denton City Council on Tuesday, October 21,
1997 at 5:45 p.m. in the City Council Work Session Room at City Nall, 215 E. McKinney,
Denton, Texas, at which the following iterns will be considered:
1. Closed Meeting:
A. Conference with Employees-Under TEX. GOV'T. CODE Sec. 551.075. The
Council may receive information from employees or question employees during
a staff conference or briefing, but may nct deliberate during the conference.
B. Consultation with Attorney - Under TEX. GOV'T CODE SEC. 551.071
1. Discuss and consider strategy in litigation styled Hansen Information
Technologies, Inc. v. Azteca Systems, Inc., et al„ case number 4:97cv308 filed in
the United States District Court, Eastern District of Texas, alleging copyright
infringement, tortious intetfetence, and other intellectual property matters.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE %ITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT CODE CH. 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 AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN
MEE'T'INGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, October 21, at 7:00 p.m. in the
Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the following
items will be considered:
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
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"Honor the Texas Flag - I pledge alkgiance to thee, Texas, one and indivisible.'
• 2. Consider approval of the minutes of July 15, July 16, and July 19, 1997. • •
J CITIZEN REPORTS
3. Receive a citizen report from Claude and Frances Cannon 'to say thank you."
4. Receive a citizen report from Dessie Goodson regarding freedom of Information.
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City of Denton City Council Agenda
October 21, 1991,
Page 2
NOISE EXCEPTIONS
5. Consider a request for an exception to the noise ord'uutnce for a Halloween Costume Party
for Victor Equipment Recreation Association (V,E,R.A.) in Fair }fall at the North Texas
State Fairgrounds on Saturday, October 25, 1997 from 8 p.m. to 12:00 midnight.
6. Consider a request for an exception to the noise ordinance for a Halloween Costume Party
at 1218 Avenue A on October 31, 1997 from 8 p.m. to 2 a.m.
PUBLIC HEARING
7, Hold a public hearing and consider adoption of an ordinance regarding amending Chapter
33 "Signs and Advertising Devices" (Off-Premise and Billboard Signs) of the Code of
Ordinances relating to the prohibition of off-premises signs within the City of Denton and
both off-premises signs and portable signs within the extraterritorial jurisdiction of the
City of Denton and amending regulations applicable to nonconforming signs.
8. Hold a public hearing on Community Development programs to assess the status of
completed and ongoing activities and to receive citizen comments.
VARIANCES
9. Consider approval of exaction variances to Section 34-114(5) concerning perimeter
paving and Se O rn 34.114(17) concerning sidewalks. The 18.796 acre tract is located on
the south side of Pockrus Page Road, east of Interstate 35.
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be slricdy 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 10-22). 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 10-22 below will be approved with one motiun. A citizen may
not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item
is removed from the Consent Agenda, The speaker shall be allowed to speak and the item shall
then be considered before approval of the Consent Agenda. • •
10. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding
a contract for the purchase of materials, equipment, suppiies or services. (RFSP 12076 -
Denia Park Renovation - Phase 11)
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City of Denton City Council Agenda
October 21, 1997
Page 3
11. Consider adoption of an ordinance accepting competitive bids and providing for the award
of contracts for public works or improvements (Bid #2103 - Lower PEC4 Channel
Improvement)
12. Consider adoption of an ordinance designating a depository for city funds for a term
beginning December 1, 1997 and ending November 30, 1999; and authorizing the mayor
to execute a depository contract with Texas Bank as the primary depository. (Bid #2071
- Depository Agreement) (Investment Committee recommends approval.)
13. Consider approval of a property tax refund to George J. Kay in the amount of $624.47.
14. Consider approval of a resolution to reappoint Dr. Lindsey Keffer to Place b, Mr. W. Jay
Anderson to Place 8, and Mr. Jim Brock to Place 9 on the North Texas Higher Education
Authority Board of Directors for the October 1, 1997 through September 30, 1999 term.
15. Consider approval of an ordinance setting guidelines for operation of the City of Denton
Optional Reconstruction Program and eligibility criteria for the 1997/1998 grant year,
authorizing expenditures in excess of $15,000 for projects meeting Program guidelines
and criteria.
16. Consider approval of an ordinance setting guidelines for operation of the City of Denton
Homeowner Rehabilitation Program and eligibility criteria for the 199711998 grant year,
authorizing expenditures in excess of 515,000 for projects meeting Program guidelines
and criteria.
17. Consider approval of an ordinance setting guidelines for the Rental Rehabilitation
program and eligibility criteria for the 1997/1998 grant year, authorizing expenditures in
excess of $15,000 for projects meeting Program guidelines and criteria.
18. Consider approval of a resolution recommending that the Denton Main Street Program be
entered into the Great American Main Street Awards.
19. Consider approval of an ordinance authorizing the City Manager to enter into a
professional services agreement with Deniex Tide Company for closing services and
issuance of title policies for the U.S. Highway 77 widening project.
• 20. Consider approval of an ordinance authorizing the City Manager to execute a contract for
professional services agreement for environmental consulting with York Environmental
Services on certain parcels of land for rightof-way expansion of U.S. Highway 77.
ITEMS FOR INDIVIDUAL CONSIDERATION
21, Consider approval of a resolution nominating a member(s) to the Appraisal Review Board
• of the Denton Central Appraisal District. • •
22. Consider approval of an ordinance authorizing the City Manager to enter into a one-year
extension of the agreement between the City of Denton and the North Texas Education
and Training COOP for an English as a Second Language Program.
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City of Denton City Council Agenda
October 21, 1997
Page 4
23. Consider approval of an ordinance authorizing the City Manager to execute a first
amendment to the service agreement between the City of Denton and the Demon Family
Resource Center, Inc, to provide assistance regarding education, health, and general well-
being of children, and to extend the term of the agreement for one year.
24. Consider approval of as ordinance designating and establishing a 35mph speed limit for
Ryan Road from its intersection with F,M. 2191 west to its intersection with the city
limits of Denton and a 35mph speed limit for Maybdi Road from its intersection with
U.S. 380 to its intersection with 1-35E; providing that this ordinance shall not effect
school zone ordinances regulating the speed of vehicles during designated hours;
providing for a penalty of a fine not to exceed two hundred dollars; providing for a
severabdity clause; and providing for a repealing clause.
25. Consider approval of an ordinance designating W establishing a temporary speed limit
for U.S. 380 during the period of its reconstruction; providing that this ordinance shall
not effect school zone ordinances regulating the speed of vehicles during designated
hours; providing for a penalty of a fine not to exceed two hundred dollars; providing for a
severability clause; and providing for a repealing clause.
26. Consider adoption of an ordinance approving a real estate contract between the City of
Denton and L. A. Nelson, Jr. relating to the purchase of 0.233 acres of land for
constructing drainage improvements in the PEC4 tributary of Pecan Creek.
27. Consider adoption of an ordinance approving a real estate contract between the City of
Denton and Eva B. Johnson relating to the purchase of 0.30 acres of land for constructing
drainage improvements in the PEC4 tributary of Pecan Creek.
28. Consider norninaWns/appointments to City's boards and Commissions.
29. Miscellaneous matters from the City Manager.
30. New Business
This hem provides a section for Council Members to suggest items for future agendas.
31. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
• Open Meetings Act.
32. Official lction on Closed Meeting items held under Section 551-071-551.085 of the
Texas Open Meetings Act.
CERTIFICATE
• 1 certify that the above notice of [reeting was posted on the bulletin board at the City Hall of the • •
City of Denton, Texas, on the day of _ , 1997 at o'clock
CITY SECRETARY
City of Denton City Council Agenda f
October 21, 1997
Page 5
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 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.
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CITY OF DENTON CITY COUNCIL MINUTES Dale 10
July 15, i997 !
ASer determining that a quorum was present and convening in an open meeting, the City Council I
convened in a closed meeting on Tuesday, July 15, 1997 at 5:45 p.m. in the Police Conference i
Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance, and Young.
ABSENT: None.
1. The Council considered the following in Closed Meeting,
A. Consultation with Attorney - Under TEX. GOV'r. CODE Sec. 551.071
1. Discussed and considered compromise and settlement agreement by and
between the City of Denton, the University of North Texas and the Texas
Woman's University resolving their claims and disputes respecting the
applicability of Section 2.2141 of the Public Utility Regulatory Act of 1995
to the parties; and authorizing the expenditure of fiords therefor.
B. Consultation with Attorney Under TEX. GOVT. CODE, Sec. 551.071 and
deliberations regarding real property under TEX. GOVT. CODE See. 551.072
1 • Discussed and considered property purchases and proposed damage claims
rclaling to expansion of the City's landfill.
C. Conference with Employees Under TEX. GOVT CODE Sec. 551,075. The
Council received information from employees or questioned employees during a
staff conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, July 15, 1997 at 7:00 p.m. in the
Central Jury Room of the Denton Municipal Complex.
PRESENT: Mayor Miller, Mayor Pro Tern. Brock; Council Members Beasley, Kristoferson,
• Cochran, Durrance, and Young.
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ABSENT: None.
1. Pledge of Allegiance
• The Council and member of the audience recited the P!Mge of Allegiance to the U. S. and Texas
flags.
2, The Council considered approval of the minutes of May 6, 1997,
Young motioned, Beasley seconded to approve the minutes.
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: fCity of Denton City Council Minutes
July 15, 1997
Page 2
Council Member Cochran stated that he and Council Member Kristoferson were sworn ii, at that E
meeting and the minutes following that did not reflect their votes. He asked for a correction.
Mayor Miller asked that the motion be withdrawn and the amended minutes be considered at the
next meeting.
PRESENTATI ONSJAW ARDS
Mayor Miller presented a proclamation for National Therapeutic Recreation Week.
3. Presentation of Keep Texas Beautiful Awards.
Cecile Carson stated that there were rive awards to present to groups and/or individuals. They were
Ne%lon Rayzor Elementary School, Zan Austin, South Lakes Nature Center Committee, I,eitie
Grooms, Safety Kleen Corporation. Two awards were awarded to the City for the Governor's
Conununity Achievement Award and Sustained Excellence Award.
CITIZEN REPORTS
4. The Council received a citizen report from Dessie Goodson regarding the Freedom of
Information Act and the process of placing items on a City Council agenda.
Ms. Goodson stated that agendas should be as specific as possible with names of parties including
pending litigation. She asked why her lawsuit had never been placed on an agenda for
consideration. The Council did not follow the laws for the Open Meeting Act and violations of the
Open Meetings law would not be tolerated by the Attorney General. At the last Council meeting,
she heard a remark from Council Member Young that it was un-American and unconstitutional to
cut off the plans of a developer. What was un-American was what the City had done to her since
1993, leaving her without utilities for a year. She staled that the City had charges against her for
utility smices, which were too old and not correct.
S. The Council received a citizen report from Brien Mason regarding bias on the part of the
City of Denton Police Department and the social influence thereof.
• Mr. Mason did not speak at the Council meeting,
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6. The Council received a citizen report from Maynard Johnson regarding harassment by the
City of Denton Police Department.
Mr. Johnson was not present at the meeting. _
7. The Council received a citizen report from Carol Ann Ganzer regarding the North Texas
State Fair.
Nis. Ganzer stated that it was time for the 69th North Texas State Fair. There was something for
everyone at the Fair and she urged everyone to attend. `
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City of Denton City Council Minutes
July 15, 1997
Page 3
PUBLIC HEARINGS
8. The Council held a public hearing and considered adoption of an ordinance rezoning 0.536
acres from a Single Family 7 Conditioned (SF-7[c)) zoning district to a Planned Development (PD)
zoning district, and approved a detailed plan for an amenities center on the 0.536 acres. The subject
property was located approximately 1,100 feet east of the intersection of Lillian Miller and Teasley
Lane. (The Planning and Zoning Commission recommended approval 6-0.)
David Hill, Director of Planning and Development, staled that this item was a rezoning proposal.
This project was a half-acre site located within the approved Wind River Estates project located on
Teasley Lane and Lillian Miller Parkway. The amenities center was intended for neighborhood use
with a clubhouse and a swimming pool. The only question raised by the Development Review
Committee during the review process was that the proposal did not have the required number of
parking spaces. The greenway adjacent to the property might affect the parking in the area as
individuals might park in the pool parking area when ruing the greenway area
Council Member Beasley asked if the pool was for residents only.
Hill stated that the pool was not restricted for residents but the intent was to keep it in scale for
other individuals,
Council Member Beasley expressed a concern about the parking. She felt that this was a large
development and there might be too much parking on the streets.
Hill stated that having only two handicapped parking spaces on Wind River Lane would be the
least disruptive to the Lane. If the required number of parking spaces was enforced, all of the
property would be used and much of the landscaping would be lost.
Council Member Young stated that areas such as these usually were only for the residents of the
development, fie did not feel that parking would be a problem.
Mayor Pro Tern Brock felt that the pool would be similar to the one in Southridge as it was for the
residents only. The parking proposal was good.
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• The Mayor opened the public hearing. j
Don Allen, Carter and Burgess, stated that this would be a private pool for the residents of the '
development. It would be fenced and access would be controlled by a node, which only the
residents would have access to end could be changed if needed. The Center could be accessed
through the trails in the development and walking to the Center would be encouraged. He felt that I
• the City's parking requirements were not written with a private amenities center in mind. • •
Council Member Beasley expressed a concern about the neighbors around the Center that there
might be a parking problem in the future.
Allen stated that in his experience if a large parking lot was built, the residents would drive to the
Center. If there was little parking, they would not drive.
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City of Denton City Council Minutes
July 15, 1997
Page 4
The Mayor closed the public hearing.
Mayor Pro Tem Brock suggested that to encourage peo;,le to walk to the Center there should to
sidewalks on the two sides of the street and bike racks at the Center. Excluding the regular parking
was good as the pool was only for the residents of the development. A condition might be added to
the ordinance to install adequate bike racks at the facility.
The following ordinance was considered:
NO. 97-195
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM A SINGLE FAMILY 7 CONDITIONED (SF-7[C]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, AND APPROVING A DETAILED PLAN FOR THE 0.536
ACRES THEREIN DEFINED, THE SUBJECT PROPERTY BEING LOCATED
APPROXIMATELY 1,100 FEET EAST OF THE TEASLEY LANEIILLIAN
MILLER BOULEVARD INTERSECTION; 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 to adopt the ordinance with the added condition that bike racks
be installed. On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Durrarice "aye",
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
9. The Council held a public hearing and considered adoption of an arrrendment to Section 34-
114 of the Code of Ordinances concerning the definition of "estate subdivision", (fhe Planning and
Zouing Commission recommended approval 7-0.)
David Hill, Director for Planning and Development, stated that ti, s item would change the way in
which the minimum width of estate W was defined. It would cans that a certain width would be
in the platting process for estate lots and would allow for irregular shVed lots.
• Council Member Young asked if this proposal would meet the requirements of the Denton
Development Plan.
Hill replied correct. i
The Mayor opened the public hearing. t _
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing,
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City of Denton City Council Minutes
July 15, 1997
Page 5
The folIoHing ordinance was considered:
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NO. 97-196
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
SECTION 34.114 "STREETS" OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS TO AMEND THE DEFINITION OF "ESTATE
SUBDIVISION", PROVIDING FOR A SEVERABILiTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR 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.
10. The Council held a public hearing and considered adoption of an ordinance amending
Section 34.115 of the Code of Ordinances relating to driveway corner clearance at the intersection
of two local streets. (Tire Planning and Zoning Commission recommended approval 7-0.)
David Hill, Director for Planning and Development, stated that the proposal would amend the code
dealing with driveway corner clearance at the intersection of two local streets. This standard was
inadvertently omitted when the Code of Ordinances was last codified.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing,
NO. 97-197
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
SECTION 34.115 "DRIVEWAYS AND PARKING LOTS" OF THE CODE OF
ORDINANCES OF THE CiTY OF DENTON, TEXAS TO AMEND THE
MINIMUM CORNER CLEARANCE REQUIREMENTS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
• PROVIDING FOR AN EFFECTIVE DATE.
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Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye',
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller
"aye". Motion carried with a 6-1 vote.
• CONSENT AGENDA • •
Young motioned, Brock seconded to approve Consent Agenda and supporting ordinances. On roll
vote, Beasley "aye", Kristoferson "aye". Cochran "aye", Durranc• "aye", Young "aye", Brock
"aye", and Mayor Nliller "aye". Motion carried unanimously.
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City of Denton City Council Minutes
July 15, 1997
Page 6
it. NO. 97-198
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDrN(7- rOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2060 - Brochures for Packs Department)
12. NO. 97-199
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2062 - 26 Passenger Parrtransit Bus)
11 NO. 97-200
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2063 - PC Software Training)
14. NO. 97-201
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES. PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid
#2054 - Asbestos Abatement)
15. NO. 97-202
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS rOR
• ' PURCHASES OR MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF f
{ COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O.
#75957 - Powrr Technologies Inc.)
i 16. N0.97-203
J AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS (NCTCOG) RELATING TO PARTICIPATION
IN VARIOUS CITY OF DEMON CONTRACTS WHICH PROVIDE FOR THE
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City of Denton City Council Minutes
July 15, 1997
Page 7
PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN
EFFECTIVE DATE.
17, NO. 97-204
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF
DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE
LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION
SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE.
is, NO, R97-029
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE
1997.1999 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT;
AND DECLARING AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
19. The Council considered adoption of an ordinance adopting a new detailed plan for 70.654
acres in Planned Development 35 (PD-35). The subject property was located between U.S. 377 (Ft
Worth Drive) and F.M. 1930 (Country Club Road), approximateIy 1,700 feet south of Hobson
Lane. (The Planning and Zoning Commission recommended approval 5-0.)
Mayor Miller stated that this item had been postponed from the July I st meeting. It was postponed
alter the public hearing was closed so that it was a regular agenda item rather than a public hearing.
David Hill, Director of Planning and Deve'opment, stated that this was a continuation of a tabled
item 6,,m the July 1st meeting. A memorandum included in the Council's back-up listed the items
which Council had requested for further information. The first item was a moratorium.
Herb Prouty, City Attorney, stated that he had previously provided a memorandum stating that the
Council could declare a moratorium which would have to be limited in time and scope. If the
Council decided to do a moratorium for residential development, it should first declare a
moratorium limited to a time frame of 30-60 days to six months at the most. The Council could
then decide whether to limit all residential development or just some residential development. If
Council did do a moratorium because of a concern regarding the amount of current residential i
development, it was suggested that within a few weeks of the moratorium, an overlay-toning
ordinance or interim-zoning ordinance be considered which would allow some residential
development. This would avoid a situation where all residential development was stopped on all
zoned lots.
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Council Member Young asked for the legal ramifications if a moratorium was done.
City Attorney Prouty stated that a moratorium was an extreme measure. It should not be
considered unless the Council was really concerned about problems with the current amount of
resAential development. It was legal but would have to apply to either all residential development
or some specific portion of residential development.
City of Denton City Council Minutes
July 15, 1997
Page 8
Mayor Miller expressed a concern regarding a point of order. Could the Council consider a
moratorium relative to this case or would the moratorium have to be a posted item for consideration
at a future meeting.
City Attorney Prouty stated that if Councirs direction was to proceed with a moratorium, it could
not be done at this meeting as it would have to be posted and an ordinance would have to be
considered. That ordinance would apply to either all residential development or some portion of
residential development.
Mayor Miller asked how the discussion of a moratorium related to this case.
City Attorney Prouty stated that it was one option on how to handle this case. Another option
would be to defer the case until the Council was able to declare a moratorium due to a desire to
complete the revisions of the Denton Development Plan.
Council Member Young asked what would be the legal ramifications if the Council decided to
delay this case until the completion of the Denton Development Plan.
City Attorney Prouty stated that there would be the possibility of a lawsuit. It was recommended to
limit the moratorium in time and scope and enact an interim ordinance to allow residential
development on zoned property within the City.
Council Member Young asked if this project were delayed would similar projects have to be
delayed.
City Attorney Prouty slated that the moratorium would apply :o all residential development or some
portion of residential development.
Council Member Cochran asked if the moratorium would have to be specifically related to
something addressed in the Denton Development Plan
City Attorney Prouty stated yes that it would have to either be linked to something in the Denton
Development Plan or some other type of situation.
• Council Member Cochran asked if a moratorium were enacted would the petitioner still be able to
use the plan already approved. f
City Attorney Prouty replied correct.
Hill stated that the next issue was park dedication and tree preservation i _
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Doyle Cameron stated that the developer had acquired the rights to purchase a portion of land •
adjacent 10 the proposal and was willing to dedicate it to the City for a park. The Parks Department `
felt that since this area was a linear arrangement, it would be an asset to the City. The park would
be attached to the site with a bridge and a path. The park would be developed later when the City
was ready to do so. There would be 21 acres in the park with 15.2 in the 100-year flood and 6.4 out
of 100-year flood, There was a requirement of all of the builders to put in a certain numbs of tries
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City of Denton City Council Minutes
July 15, 1997
Page 9
for the subdivision. The total number of tree was approximately 510 with only 80 trees being
removed.
Mayor Pro Tern Brock asked Ed Hodney if the park was acceptable in size to fit into the !ong•range j
plan.
Ed Hodney, Director of Parks and Recreation, stated that if this developer were following the
voluntary ordinance, he would be required to put in 3.6 acres of parkland or provide the fees in lieu
of dedication. This was far in excess of the standard. It was a lovely site and was close to the
Hickory Creek drainage way. The trails plan for the Denton Development Plan showed this arm as
part of the City's trail system.
Rick Svehla, Deputy City Manager, stated that a traffic study was done by the applicant plus
additional information was obtained from staff. Part of the issue was that these types of traffic
issues were considered during platting rather than during the zoning phase. All of the intersections
a'. either of the peak hours were reviewed. There were two "C" levels and based on existing count
and the generation of this proposal, level "C" would still be considered. There was some concern
about the left turns/right turns and kinds of improvements needed. There was also a concern about
the percentage used with the study because off-peak travel was considered with no schools in
session. There was also a need to look at the actual access point on Fort Worth Drive. It was felt
that a larger number of residents in this development would use that exit.
Council Member Kristoferson asked about the range of the "C" level.
Svehla replied that the levels of service dealt with how long there was a wai: at an intersection
There was concern about signalization at the intersections. FM 1830 and US 377 would eventually
be signaled and there might be some discussion about participation on signalizatiom
Council Member Kristoferson stated that the data in the study was from 1994,
Svchla replied that that appeared to be the case.
Hill presented information on sewer and water capacity. He reviewed the placement and size of the
sewer and water lines. In all cases, the capacity of the water and sewer lines was adequate. He also
• reviewed the density of the proposal vs. the previously approved plan which was located in the
agenda back-up materials. i
Council Member Young felt that the developer had done more than required with OK park r
dedication, the traffic study was a level C which was within the criteria, and the sewer and water
problems were answered. He felt the developer had satisfied all requirements which were asked of L
• him. He asked if the proposal met the Denton Development Plan as it was currently written. • •
Hill stated that there were some inconsistencies with the voluntary park dedication which would be
addressed with the 21 acres to be dedicated.
Cameron stated that the average lot size would be 7,021 square feet. The development would be
mulpi-size lots which would transition from one size to another. The traffic study did not use the
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City of Denton City Council Minutes
July l5, 1947
Page 10
1994 figures. The developer would be willing to pay for a share of any traffic light which would be
necessary from this development.
Don Pitts stated that he was adjacent to this proposal and it was not adequate at this point in time,
The traffic study had not addressed the traffic at Hobson Lane. Increasing traffic in the area would
create a problem in the area Green space was suggested but that was only a suggestion and not
part of the proposal. There was green space available at South Lakes Park but there was no place
for children to walk there. He asked that the Council not approve this proposal and make a decision
later after finalization of the Denton Development Plan.
Cameron stated that the 21 acres would be a condition of the zoning and should be a part of the
motion.
Council Member Cochran asked about the process of reducing the speed limit in this area once the
development was started.
Svchla stated that the City would work with the Department of Transportation to reduce the speed
limit in that area.
Brock motioned, Young seconded to approve the proposal with conditions. Those conditions
included the acquisition and dedication of the 21-acre park site vrith access from the housing to the
park site being built with the other infrastructure.
Mayor Pro Terri Brock felt that all needed to be reminded that this area was next to a railroad track
and next to a storage facility. It was unreasonable that there should be large expensive houses on
that site. There would be a need to petition TxDOT to change the speed limi; in the area with good
enforcement, There were many good points of the proposal especially with the park. She urged
staff to require turn lanes at the time of platting on U.S. 77 and Country Club Road as that would
help with the traffic problems.
Council Member Beasley stated that she would support the motion. The proposal met the
conditions of the current Denton Development Plan Even a revised Plan would not change the
requirements for this area,
• Council Member Cochran stated that he would be voting in favor of the motion. He appreciated the
dedication of parkland with the proposal /
Council Member Young felt that this was a good proposal especially with the dedication of the
parkland.
0 Council Member Kristofemn stated that she would be voting against the proposal. She • •
acknowledged that the developer had gone above and beyond the park dedication issue. Her
concerns were for traffic. There were already traffic problems in the area and this proposal would
only add to those condition-c. The zoning recently approved in this am was not taken into the
assessments in the area.
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City of Denton City Council Minutes I
July 15, 1997
Page 11
Council Member Durrance stated that he would be voting in favor of the motion due to the answers
to the previous questions raised. He was also concerned about the traffic problems. He was also
concerned that the Planning and Zoning Commission passed this proposal on to Council with five
minutes of discussion and Council had to deal many hours on the issue.
M.C. Burch stated that he appreciated the actions of the City within the last two wceks to deal with
the questions of the proposal. He had 500 acres in the area which probably would be developed
sometime in the future.
Mayor Miller staled that Council Member Dumance's point was well taken about the time for this
case but it was time well spent. There was zoning already in place for this planned development.
What was in place was a number of apartment buildings and even though there would be more
homes with this proposal, it would be better than the current planned development. The park
dedication was excellent for the proposal. He was not in support of a development moratorium in
the City at this point in time. Denton was one of the slowest growing cities in this area which was
not necessarily bad. The Denton Development Plan was a guide and not an absolute policy. The
proposed development was a better plan than what was currently approved.
Mayor Pro Tem Brock called the question.
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The following ordinance was considered:
97-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
REVISED DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 35 (PD.
35) FOR THE 70.654 ACRES AS SHOWN IN THE ATTACHED DETAILED
PLAN, THE SUBJECT PROPERTY BEING LOCATED BETWEEN U.S. 377
AND F.M, 1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON LANE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
On roll vote, Beasley "aye", Kristoferson "Stay", Cochran "aye", Drunance "aye", Young "aye",
• Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
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20. The Council considered adoption of an ordinance authorizing the City Manager to execute a '
franchise agreement between the City of Corinth, Texas and the City of Denton, Texas Municipal
Electric Utility for payment of a franchise fee in connection with the furnishing of electric service
to customers in the City of Corinth, Texas, 16
Sharon Mays, Director of Electric Utilities, stated that this was a franchise agreement identical to
the one the City had with Texas Utilities which allowed the City to provide service to those
customers who requested such.
The following ordinance was considered:
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City of Denton City Council Minutes
July 15, 1997
Page 12
NO. 97-206
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT BETWEEN
THE CITY OF CORINTH, TEXAS AND THE CITY OF DENTON, TEXAS,
MUNICIPAL ELECTRIC UTILITY FOR PAYMENT OF A FRANCHISE FEE
IN CONNECTION WITH THE FURNISHING OF ELECTRIC SERVICE TO
CUSTOMERS IN THE CITY OF CORINTH, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR ; AND PROVIDING AN EFFECTIVE
DATE.
Beasley 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.
21. The Council considered adoption of an ordinance authorizing the Mayor to execute a
compromise and settlement agreement by and between tie City of Denton, the University of North
Texas, and the Texas Woman's University resotving their dispute respecting the applicability of
Section 2.2141 of the Public Utility Regulatory Act of 1995 to the parties; and authorizing the I
expenditure of funds therefor,
Bob Nelson, Executive Director for Utilities, stated that the next two items were related. In 1985
the State legislature required utilities to give State educational institutions a 20% decrease on base
rates. The City of Denton utilized a provision for an exemption and had claimed that exemption for
the past two years. The two universities interpreted that exemption differently than the City.
Rather than go to a long lawsuit over the issue, an agreement was proposed over the past 20%
reduction. The disputed amount was approximately S 1.2 million and the agreement was settling for
5564,632. The City also received a firm five-year contract with the two universities with an option
to meet any competition for two years thereafter. This was a win-win situation for a difficult
situation.
The following ordinance was considered:
N0.97-207
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
MAYOR TO EXECUTE A COMPROMISE AND SETTLEMENT AGREEMENT
BY AND BETWEEN THE CITY OF DENTON, THE UNIVERSITY OF NORTH
TEXAS, AND THE TEXAS WOMAN'S UNIVERSITY RrSOLVING THEIR
DISPUTE RESPECTING THE APPLICABILITY OF SECTION 2,2141 OF THE t _
PUBLIC UTILITY REGULATORY ACT OF 1995 TO THE PARTIES; • •
AL711ORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
-101 Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye
Kristofcrson "aye", Cochran "aye", Durranee "aye', Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
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City of Denton City Council Minutes
July 15, 1997
Page 13
22. The Council considered adoption of an ordinance amending the schedule of electric rates in
Ordinance No. 90-207 by the establishment of a University Discount Rider relating to the two State
universities, pursuant to State law.
The following ordinance was considered:
NO. 97-2N
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF ELECTRIC RATES IN ORDINANCE NO. 96-207 BY THE
ESTABLISHMENT OF A DISCOUNT RIDER FOR STATE UNIVERSITIES
AND COLLEGES PURSUANT TO STATE LAW; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
KTistofemon "aye Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Millet
"aye", Motion carried unanimously.
23. The Council considered renewal of the annual employment contracts for Assistant
Municipal Court Judges Kimberly Cawley, David Garcia and Earleen !Murphy.
Robin Ramsay, Municipal Judge, stated that this was a renewal of the previous contracts of these l
three assistant judges. This would extend the contracts of thesejudges for another year, The judges
were on-call by the scheduling of his office and had no set hours. There were no material changes
in the contracts for the next year.
Young motioned, Cochran seconded to approve the renewal of all three contracts,
City Attorney Prouty asked if the motion included authorization for the Mayor to sign the extension
of the contracts,
Council Member Young replied correct.
On roll vote, Beasley "aye", Kristofcrson "aye Cochran "aye", Durrance "aye", Young "aye
Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
24. The Council considered nominations/appointments to the City's Boards and Commissions,
Council made appointments as noted in the agenda back-up information.
25. Miscellaneous matters from the City Manager.
• City Manager Benavides reminded Council of the quarterly meeting with the DISD Board of • •
Trustees the following day at noon at the Radisson.
26. New Business
The following items of New Business were suggested by Council Member for future agendas:
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City of Denton City Council Minutes
July 15, 1997
Page 14
A. Council Member Young requested staff prepare a resolution in support of Denton
County in its border dispute with Tarrant County.
B. Mayor Pro Tern Brock suggested an area of "no stopping" for the 200 block of
Coll ins Street where the day workers site was located. People were stopping on the street instead of i
going on to the site,
C. Council Member Young stated that there were many potholes east of Collins Street.
27. The Council did not continue the Closed Meeting under Sections 551.071-551.033 of the
Texas Open Meetings Act.
28. There was no ofScial action on Closed Meeting items held under Sections 551-071-551.085
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 10:05 p.m.
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JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENrNTIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
JULY 16, 1997
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The Council converged into ajoint meeting with the Denton Independent School District Board of
Trustees on W?.,dnesday, July 16,1997 at the Radisson Hotel.
PRESENT: Mayor Miller, Mayor Pro Tem Brock; Council Members Beasley, Cochran, and
Durrance
ABSENT: Council Members Kristofetson and Young
I. Both the Council and Board of Trustees declared that a quorum was present lot the meeting.
2. The Council received a report and held adiscussion regarding the DISD redistricting,
Ray Braswell, Associate Superintendent, stated that the new middle school would be ready for the
fall of 1999 and there was a treed to redraw the boundaries of the elementary schools. Many hours
had been spent on those boundaries with input from the parents of students at the schools. There
had been a review of the elementary schools which would feed into the middle schools and then to
the high schools. With the new plan, there would be five elementary schools feeling into each high
school,
Council Member Beasley stated that there had been an article indicating that growth of the DISD
was at the bottom of current projections.
Albert Thomas, Superintendent of Schools, stated that the growth of the District was about what
was expected.
Mayor Miller indicated that 3-4% of the growth was in the City limits and that less than 1% was
from outside the City limits,
Branvell replied correct.
3, The Council received a report and held a discussion regarding the DARE program.
• Mike Jez, Executive Director of Operations, stated that the DARE program would remain the same
this year in the K-6 grades. The PTA felt that the K-2 program should be dropped and added to the
7th and gth grades. The concept for the DARE program was an extended program for the
elementary schools. If
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Council Member Young arrived at the meeting. i
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City of Denton City Council Minutes
July 16, 1997
Page 2
Jcz continued that there currently was no DARE program for the 6th and 7th grades. It was
suggested that a program called GREAT be used for those grades and that DARE then continue
with the 8th grarte. The Police Department would need input from the DISD on whether to drop
the K-2 program and make other adjustments to the program. Questions for such a change would '
include how to logistically change the K-6 and 3-8 program and how to handle such a transition,
4. The Council received a report and held a discussion regarding The formation of a joint
committee to review the impact of zoning changes and development within the City.
Ted Bcnavides, City Manager, staled that Ed Hodney, Director of Parks and Recreation, and Ray
Braswell of the DISD would represent the proposed committee. Zoning coordination issues would
be considered by the committee and the committee would work on what issues would be associated
with the zoning coordination.
Thomas stated that a long-tam goal of the committee would be to provide procedures to use for
long-tern growth and planning. Such a plan would provide an idea where schools would be placed
in the future.
Council Member Young asked where future schools were planned.
Thomas stated that a new middle sch-~,)l would be needed near the year 2002. While an exact
location was not known at this point in time, it generally would be located in the east part of the
District. There was also a need for a new early childhood center close to the present location,
Council Member Young asked about the Fred Moore Leaming Center.
Thomas stated that the program would be for students past early childhood to expand the current
program.
5, Mayor's Comments
• Mayor Miller presented the following comments:
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A. Saturday the Council would be participating in an all day meeting regarding /
planning issues.
B, Council was working on the next year's budget
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C. A 2l-acre park site would be dedicated to the City an the result of a recent zoning . ,
case.
D. Recent issues concerning the Denton Housing Authority had been resolved.
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City of Denton City Council Minutes
July I6, 1997
Page 3
6. President's Comments
president Schaake slated that:
A. The DISD was also beginning their budget process
B. Congratulations to Mayor Miller on receiving the Pitstick award.
With no fv.rther business, the meeting was adjourned at 1:10 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
July 19, 1997 i
The Council convened intu a Work Session on Saturday, July 19, 1997 at 9:00 a.m. in the Central
Jury Room of the Denton Municipal Complex.
PRESENT: Mayor Miller, Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Dununce, and Young.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding a review
of planning terms and concepts including: overlay district, scenic corridors, architecturallacsthetic
standards, park dedication, landscaping requirements, tree preservation, intensity area calculations,
development impact fees, public involvement procedures, consideration of school impacts,
transportation impacts, density with quality (new urbanism), cumulative impact of drainage
variances, public education, and neighborhood preservation.
City Manager Benavides stated that staff would take the lead on providing Council with
recommendations for the planning policies.
Dave Hill, Director of Planning and Development, stated that the development of a growth
management strategy was an important community objective but competing interests seemed to be
unable to reach some type of mutual agreement. He felt that the proposed plan might be mixing
policy statements with comprehensive types of planning issues. Policy statements needed to be
expressed in terms of geographical limitations. The Denton Development Plan needed to contain a
set of policy statements which limited the scope but not get involved with the mapping unfit the
proposal was at the comprehensive plan. Small area planning might be a consideration in order to
more accurately meet the needs of the community. When a look was taken at the items to be
considered, some were implementation tools and some were vision tools.
Council Member Beasley felt that there was some misunderstanding of what should be included in
a development plan. She questioned if the comprehensive plan was the Denton Development Plan
as it was now and another document be a vision document.
Hill suggested that part of the Denton Development Plan be taken out and put into a comprehensive
plan. There would then be a planning document and a policy document.
• Council Member Young stated that there was a perception that his District did not receive as much
as other districts. It received only community block grant money. He asked if a maw, plan would be i
fair to all areas of the community. t
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Hill replied that the Denton Development Plan had policies regarding affordable housing, etc. but
needed a plan for specific areas.
City Attorney Prouty stated that part of comprehensive plan was to determine how the City would l
grow, 11
Hill stated that a small area plan allowed for infill sites to be considered and there was a need to
develop an infill strategy for those types of areas.
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City of Denton City Council Minutes
July 19, 1997
Page 2 f
Overlay Districts - this was a tool to carry out specific objectives and could be used for sign control, it
screening, landscaping, pedestrian amenities, etc. It was typically in ordinance format and required
formal adoption by Council. It provided an opportunity for a City to add regulations to address
needs or the appearance ofa specific area of the community.
Mayor Pro Tern Brock stated that overlay zoning was mandatory such as in a historic district. The
Denton Airport was also a separate zoning overlay district with its height restrictions.
Hill replied correct. As opposed to a special zoning district, an overlay district was over the current
regulations with specific rules for that particular area.
Council Member Beasley felt that she would like to see staff driven overlay districts and where they
should be placed for Council consideration.
Hill replied that if corridors (transportation) created area plans or district plans, there would be a
need to define the area Loncemod and go through policies and concei^s for those areas.
Mayor Pro Tern Brock indicated that corridors would help with the Vision project for
entranceways, etc.
Mayor Miller asked if that would be changing %lc zoning in place or overlaying on an existing
zoning.
Hill slated that it would be overlaying conditions over existing zoning.
Mayor Miller stated that the zoning in place would remain but would overlay that with other
requirements.
Hill replied correct.
Scenic Corridor Designation/Billbcwd Control - staff had been directed by Council to prepare an
ordinance that would designate Interstate 35F,1-35W, U.S. 380, U.S. 377, U.S. 77, Loop 298, all
Farm to Market Roads, and all primary arterials as scenic corridors. The scenic corridor would
extend 1,000 feet from the edge of the right-of-way on each side of the road, No off-premise signs
• would be permitted in scenic corridors,
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Council Member Young stated that be would be strongly against the ban of billboards. Billboards
attracted business and that was a consideration for this issue.
Mayor Pro Tern Brock felt that logo signs were helpful on the highway to give directions to
• facilities rather than the billboards. • •
Rick Svehla, Deputy City Manager, stated that there were problems with logo signs due to the way
the legislation was written. Logo signs were pemt tied for cites with less than 50,000 population.
Fort Worth had a special provision which allowed them to have logo signs. There was a need to
have the legislation changed.
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City of Denton City Council Minutes
July l9, 1947
Page 3
Architectural/Aesthetic Standards - there was a need to be careful regarding site applications for
these standards. "These standards were g-nerally used to promote and encourage a high quality of
physical development in specific areas of the City. There might be differences in opinions as to
what was aesthetically pleasing to others. Such standards might not have to be regulations but
rather could be voluntary rather than mandatory standards.
City Attorney Prouty stated tint it was difficult to defend aesdwtic standards unless it was relating
to public health or public purpose.
Mayor Miller staled that it could be done as an overlay for certain areas of the City for a specific
purpose.
Mandatory Park Dedication - Ed Hodney, Director of Parks and Recreation, stated that this was a
tool to implement policy with regard to open space recreational opportunities. It was the practice to
require land developers to dedicate park land to the City as a precondition for subdivision plat
approval. Denton had a voluntary land and/or cash contribution policy from land developers rather
than a mandatory policy. There might be an equity issue with a mandatory policy.
Council Member Beasley asked if the Parks Board was considering this issue.
Hodney stated that the Board was still unsure of Council's direction. There was a strong interest
from the Council but Council had not asked the Board to do any research at this point in time.
Council Member Cochran suggested developing an equation for the amount of land to be dodicated.
Hodney stated that the current policy was to dedicate two acres per 1,000 population.
Council Member Durrance stated that he would like to see options from other cities. He suggested
having information on how the fee in lieu of dedication structure worked with the maintenance for
the parks dedicated.
Hodney stated that that was a good point. It was one thing to say that the land was wanted and
another to have the money to maintain that land.
• Council Member Young asked if the same ratio would be maintained if the policy were mandatory
rather than voluntary.
Hodney stated that the current policy was veryweak. It would be his recommendation to not keep
the same ratio.
• Council Member Young stated that he would be against a mandatory policy as it would make it • •
hard to develop in Denton. Most developers would try to meet the City's requirements. i ,
Mayor Miller asked if the Council wanted to ask the Parks Board to review this issue with staff and
surrey other cities to see what was being done and provide Council with various options and
recommendations.
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City of Denton City Council Minutes
July 19,1997
Page 4
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Consensus of the Council was to proceed with the Mayor's suggestion.
Landscaping Requirements - these items were related to the landscape requirements which were
already in place by ordinance for the City. Staff was in the process of reviewing those requirements
for possible amendments.
Tree Preservation - Hill stated that the current ordinance was not doing what was required. It
protected all trees 10" in diameter and anything larger required a permit to remove. There was a
need for flexibility in the policy to RIlow the removal of a large tree which might not live in order to
plant smaller new trees.
Council Member Young felt that the policy should be flexible for the type of trees which could be
removed. The concept of vegetative buffer zones should be considered.
Council Member Cochran felt that there was a need to look at possible deficiencies in the current
policy in order to improve the requirements.
Intensity Area Calculations - this was a procedure to obtain a general idea of the impact of f
development from a traffic standpoint. The calculations described an intensity area in terms of how
many more intensity trips may be allowed. There was a need to not use these calculations as they
were not being followed. This was designed to be a good guide but not a standard and was set up
as a system of first come-first served which was not fair to developers.
Council Member Durrance felt that the currant regulations were too narrow in scope.
Mayor Pro Tem Brock stated that a matrix could fit perfectly in the calculation but sell could be a
bad development for a certain area. She felt there was a need for clusters of neighborhood services
within a reasonable distance of where people lived in order to promote neighborhood development.
Hill stated that there was a need to see each area as unique and to apply different standards to each
of those areas.
Council Member Young suggested that the Planning Department set up a toot for Council to
follow.
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Public Involvement Procedures - this area dealt with creative ways to have public involvement in
the planning process. This might be through participation on a task force or a committee, by
attendance at a public hearing or a mce ing, by posing questions, by writing comments or by stating
an opinion. The COPS program was an excellent example of a program to involve citizens in
government.
• • •
Mayor Pro Tern Brock felt there was a need for the Council to receive the minutes of neighborhood
meetings in order to keep up on what their concerns were.
School Impacts - City Manager Benavides stated that at the last joint meeting with DISD a joint
committee was formed to deal with issues of mutual interest including planning, development and
zoning related matters.
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City of Denton City Council Minutes
July 19, 1997
Page 5
Mayor Miller stated that it was important to do thisjointly as two-thirds of the growth of the school
district was happening outside the City limits. The Council needed to be kept aware of what was
happening outside the City limits in terms of school growth.
Transportation Impacts - there were significant facets which effected the quality of life. There was
a need to design roads for the number of vehicles which were going to be travelling on them. There
was a pressing issue on how to evaluate transportation.
Mayor Pro Tern Brock stated that it was good to support bike trails for recreation but they were also
needed for transportation. This would coordinate with the neighborhood concept.
Mayor Miller stated that Council needed to think about public policy relative to the funding of
transportation. There was probably going to be a shortfall of federal funds to take care of
transportation issues in upcoming years.
Council Member Young felt there Nvas a need to talk with outlying businesses to try and reduce the
amount of cars on the streets by providing buses to these businesses. Work with larger businesses
to provide transportation for the employees and incentives for carpooling.
Council Member Durrance felt it would be good to look at regional projects which would benefit
Denton for transportation.
Density with Quality - this was probably a vision topic which refashioned subdivisions to resemble
traditional small towns or big-city neighborhoods. There would be a need to tailor it to Denton's
special needs.
Council Member Cochran suggested considering including language to allow for infill or distinct
development. This would return to the past der•eloprnent of neighborhoods.
Hill stated that the term "new urbanism "might be the way to express the diversity Denton was
looking for.
Svehla stated that often planned developments allowed for all kinds of diversity. The problem was
• the process on the developer's side. A detailed plan was required which limited diversity in a
development. A certain amowtt of quality was needed with frecdorn to build
Council Member Kristoferson stated that what might work as an infill and as a downtown might
not work in outlying areas.
• Council Member Cochran stated that a fear of density was that high density was associated with y •
low quality. Stipulations would have to' be made for higher quality with density. ~ _ .
Council Member Beasley felt that there would be a large public relations job needed if the make-up
of the developments was changed as this would be a large change in t'te zoning process. The public
might not want this type of zoning.
•
City of Denton City Council Minutes
July 19,1997
Pagc 6
Mayor Miller stated that Denton had the opportunity to become a diverse community. Whatever
was done there was a need to emphasize and reinforce the downtown area.
Council Member Young suggested considering a Vision director to coordinate the program.
Cumulative Impact of Drainage Variances - Jill Jordan, Acting Director of Water/Wastewater
Engineering, stated the kinds of characteristics which the Council wanted to have were the kind of
policy issues which might appear in a policy statement.
Council Member Young stated he would like to ,levelopers in the area pay for lining the creeks
which were causing problems.
Public Education - staff was directed to involve citizens in the process of the development of the
city and provide them with the information they needed to review topics or make recommendations
on city issues and related issues.
Ncighborhood Preservation - was critical in order to maintain property values and to presmc the
City's existing housing stock.
Hill stated that staff needed to know what Council was comfortable v. ith in terms of future ,
briefings.
Mayor A1iller stated that Council would refer the issue of park land dedication to the Parks Board.
Hodney asked if the Council wanted the Parks Board to make recomrmndations.
Consensus of the Council was yes,
Council Member Young stated that many developers had volunteered to donate land but were
refused as the City did not accept pocket parks.
Hodney stated that in two years there was no instance where land was refused due to pocket parks.
Policy developer should give one acre for every 100 units created. Would not expect to dedicate
any land if nol more than 500 dwelling units. None since policy established.
•
Council Member Young felt that the Council was leaning towards impact fees, If that was true, i
then something needed to be done with drainage. If the developer paid the fee, then that should `
take care of the drainage work.
Council Member Beasley felt that them was a need to look at the whole water/wastewater drainage
• issue and how that would affect the City. • •
Council Member Durrame felt that there was a need for three tmks. One regarding a vision
•J statement and policies and a second regarding a comprehensive plan with information from staff
and a third which would implement those. This should be done as a committee as a whole.
City of Denton City Council Minutes
July 19,1997
Page 7
Svchla suggested the following for Council consideration. Items 2, 3, 4, 8, 13, and 16 were vision
kinds of issues which Council would need to give staff feedback on wNch uhimately would go into
the Denton Development Plan. He suggested at the next meeting to begin further discussions on
those items. There was a Vision plan which helped with those issues. Item #5 would be sent to the
Parks Board and staff would be returning with information on Items #6 and 0. Next was the whole
area of impact fees whether water and sewer or transportation or drainage. Those issues would be
placed in a separate category, which were items #9, 10, 12, and 14. There was probably a need for
a meeting for each of those issues. Item #15 and #11 would be sent to staff for options for Council
consideration. After there was a consensus on the issues, staff would proceed with the Denton
Development Plan. There was still a need for more information.
Council Member Kristoferwn asked how Council would continue to deal with those issues on a
weekly basis when those issues were still not settle{.
Svehla replied that at a meeting Courmcil would direct staff to prepare ordinances to handle those
situations. There might be a problem with that in that each week a new ordinance might have to be
considered with different conditions.
Council Member Beasley stated that she first indicated that she did not want to hold up progress on
the Denton Development Plan. It appeared that this process would take several months. There
were zoning cases coming through the process and there was a plan in place. That plan might need
better rules and regulations but they should nar be changed temporarily. There was no reason, at
this point in time, to stop everything.
Council Member Young felt there was a need to have all of the legal questions answered and all
information as soon as possible and then go into a work session to settle the issues.
Mayor Miller asked if the Planning and Zoning Commission should be doing this instead of
Council. The Planning and Zoning Commission was suppose to be the planning committee for the
Council. Council was doing some issues which the Commission should be doing.
Council Member Beasley agreed that the Commission should be doing some of this work but
worried about the time factor.
• Mayor Miller stated that part of the reason Council slowed the process down was to be sure it was
on target Several months of work would not be a great deal of time.
J
Mayor Pro Tem Brock felt that the Council had gone through many issues and needed to bring the
Commission into the process. There should be some way to facilitate that. Council was elected to
be the policy makers and needed to stay involved in the process.
City Attorney Prouty stated that some of these issues were controlled by a legal responsibility of the • •
Planning and Zoning Commission, Some issues were required to have a recommendation by the
Planning and Zoning Commission while odwn wcse not. f
Hill suggested to continue with two tracks of information. One of the vision issues connected with
the Denton Development Plan and one with issues which the Planning artd Zoning Commission
might provide information on.
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City of Denton City Council Minutes
July 19, 1997
Page 8
Following a discussion on future meeting dates, it was decided that the next special planning
session would be July 30th, followed by August 6th
2. The Council received a report, held a discussion and gave staff direction regarding possible f
speakers/consultants dealing with planning issues.
Mayor Miller stated that Council was willing to have outside information if needed. E "
3. The Council received a report, held a discussion and gave staff direction regarding a review
of a schedule for future planning work sessions. . "
This item was considered with Item #1.
With no further business, the meeting was adjourned at 3:10 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
t:
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
minutes071997.doc
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CITY OFDENTON, TWS MUNICIPALBOLOINO • OENTCW TEMS76201 • TELEPHONE(8in566-8307
oKice of ft Cify Manager
E
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: October 21, 1497
SUBJECT: Request for an Exception to the Noise Ordinance for a Halloween Costume Party
for Victor Equipment Recreation Association (V.E.R.A.) On Saturday, October
25, 1997 until 12:00 midnight in Fair Hall at the North Texas State Fair Grounds.
BACKGROUND
Mr. Charles Blume, Secretary for Victor Equipment Recreation Association (V.E.R.A.), has
requested that the City Council grant an exception to the raise ordiwKe on Saturday, October
25, 1997. The Halloween costume party is scheduled from 8:00 p.m unAil 12:00 midnight and
will be inside of Fair Hall the entire evening (Attachment 1).
As you know, the noise ordinance declares loudspeakers, amplifiers, and musical kerurnenls a
noise nuisance, particularly after 10:00 p.m. Monday through Saturday and at anytime on Sunday
(Attachment 2). The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
The organ;zers have been informed that should Council approve this request, resporuibie use of
the amplified sound is still required by Section 20.1 (a) states:
it shall be unlawful for any person to make or cause any
unreasonably loud, disturbing, unnecessary raise which causes or
may cause material distress, discomfort or injury to persora of
ordinary se=$Wties In the immediate vicinity thereof, 1
• • •
PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTE]h
i
Area Residents.
TWicared ro (lraliry snyw"
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-
F1 SCA LIM PAM,
None.
Respectfutly Submitted,
~,uC ~nrW
Ted Bermvides
City Manager
Prepared By
Veronica S. Rolen
Public Transportation Coordinator
cc: Betty Williams, Assistant to the City Manager
Attachments: 1, Request from V.E.R.A.
2. Noise Ordinance
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P.O. Drawer 1007
Den"N Taxed 70202
817 fie 2000 ` - .
Fan Boo 87a 0887 Order Entry
October 2, 1997 Fan 817 set 1228 El 10 Brine
Faze 817 781 13" 14rM406 P000wraee
Pan 817 781 1222 AN Othw Dyle. -
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Veronica Rolen, City Secretary
City of Demon. TX
215 E. Mct6rxtay
Denton, TX 78291
Dear Mrs. Roien,
This fetter serves as a wit est for variance from the city ordimvo against the use of a
loudspeaksrs, amptirlers, and musical Instruments after %00 p.m.. Victor Equ~pmenl
Recreation Association (V.E.R.A.) vttll be holding a Han"oern costume party in Fair
Hap on the Node Texas State Fair grounds, The party Is to be held on Saturday
October 25, 1997 tmm 8:00 p.m. to SOO midnight The music WS be prov$dad by a
live band and vii be Inside the 110 for the antis ev**V. Aloohd Will be supplied by
each Individual on a S.Y.O.S. basis and sec u ty guards Will be stationed at the doors.
Please submit Ws request for variance to the City Council. Thank you In advance for
your cooperation In Ws matter.
Sincerely,
f Charles C. alums ~
Secretary -Victor Equipment Recreation Auociation (V.E.RA) %
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Chapter 20
NUISANCES'
Art. I, In General, If 20.1-20.30
Art. II. Abandoned Property, 11 20.31-20.70
Div. 1. Generally, H 20.31-2040
Div. 2. Motor Vehicles, 11 2041-20.70
Art. III, Grew and Weeds, 1120.71-30.73
ARTICLE L IN GENERAL,
Sec. 20.1. Noise,
la) 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 u to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
t, ic) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 7,00
a m., as to annoy or disturb the quiet, comfort or repose of persona of ordinary sen•
sibilities in any dwelling, hotel or other type or residence;
(2) Theuseof any stationary loudspeaker. arnplifleror 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 10:00 p.m, and 7:00
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
• application when the public interest will be served thereby;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city lirolte, except to give
notice of the time to begin or stop work or as a warning of danger;
(4) The erection, excavation, demolition, alteration or repair work an any building at any
time other than between the hours of 7:00 a.m. and 8:30 pm, Monday through
•
'Croce relenrscw-Protected migratory bird roosts declared nulsaneq !8.87; inspection • O
and abatement warrants, 119-86 A seq.; insect and rodent control in mobile home and rec-
rr realional vehicle parks, 132-91.
l
Scarp. Ne.t 1389
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2041 DENTON CODE
Saturday; provided, however, that the city council may issue special permits far such
work at other hours in au of urgent necessity, and in the interest of public safety and
convenience;
151 The creation of any laud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tai n ers;
A The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, If 1420, 14-21)
Cross reference-Animal noise, 16.26.
See, 20.2, Odors,
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
tb) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable '
enjoyment of private homes by persons of ordinary sensibilities.
(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 crow lots, hag pens, fowl troops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
12) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possession of chemicals or from industrial processes or
activities which disturb the comfort and repose of persona of ordinary sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
t51 Ofrenaive odors from stagnant pools allowed to remain on any premises or from
• ' rotting garbage, refuse, ofral or dead animals on any premises.
(Code 1966, Of 14.22, 1123)
Sec, 247. Garbap, trash and rubbish aulasness-Cenerstly.
(a) Storing or keeping garbage, Iru h and rubbish. The storing or keeping of any and all i -
stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, • •
• garbage, trash, rubbish, snap material, ruins, demolished or partly damollshed structures or
+ buildings, piles of stones, bricks or broken rocks on an
y premises bordering any public street
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Agenda No.
Agenda Item . Date
dTY OF DENTON, TEXAS MUNIGPAL BUILDING • DENTON TEXAS 76201 • TELEPHONE (817) 5668307 I
Ofte of the Qry Mana9ef
CITY COUNCIL REPORT
TO: Mayor and Members of the City Councd
FROM: led Benavides, City Manager
DATE: October 21, 1997
SUBJECT: Request for an Exception to the Noise Ordinance for a Halloween Costume Party
at 1218 Avenue A on Friday, October 31, 1997 untd 2:00 a.m.
BACKGROUND
Mr. Christopher Brown has requested that the City Council grant an exception to the noise
ordinance on Friday, October 31, 1997 for a Halloween Costume Party, The costume party is i
scbeduW from 8:00 p.m until 2:00 B.M. and will take place in ins backyard at 1218 Avenue A as
well as his adjacent neighbors' yards. The party is expected to be attended by farru7y and friends
and music will be played by the UNT Jau Ensemble,
As you know, the noise ordit:sace declares loudspeakers, amplifiers, and musical instruments a
raise nuisance, particularly after 10:0o p.m Monday through Saturday and at anytime on Sunday
(Attachment 2). The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
The organizers have been informed that should Council approve this request, responsible use of
the amplified sound is still required by Section 2p, 1(a) states:
it shall be unlawful for any person to make or cause any i
unreasonably bud, disturbing, unnecessary noise which causes or
may cause material distress, discomfort or injury to persons of
ordinary sensibilities in the irnmediatte vicinity thereof.
PROGRA&sc DEPARTMENTS, 0 GROUPS AFFECTED• i
Area Residents.
'Ded'icated to Quality Sarfce'
• • n; r
,r~
.
i
FISCAL IMPACT:
None.
Respectfully Subadtted,
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Public Transportation Coonikwor
cc: Betty Wes, Assistant to the City Manager
Attachments: 1. Request from Christopher Brown
2. Noise Ordinance
- r S i3 Y i t' v ~t yY !L!}rc4t 'r4 h ♦ ~
,
Od. 7, 1947
Veronica Rohn
City Manager's Ofrnce
215 E McKinney
Dentin, Texas 76201
Der, Mrs. Won
My name is Christopher Bruw n and I am writing to request a noise variance for the day of
October 31, 1997 between the hours of 8:00 p.m. and 2;00 am. I am planning a costume party on
Halloween aidht for family and friends as well as providing music by a LM jars ensemble. This course of
action was recommended to me by David Bernal, the Denton Police officer that supervises our block and
your, office staff It is my understanding that & current city noise ordinance will prevent me from playing
amplified music after twelve o'clock in the evening, resuhing in the early retirement of the band and other
activities.
I am currently enrolled in my fourth year m the University of North Texas where 1 am studying
music and nit Throughout the school year and summer breaks I have been employed full-time at McWei s
Grocery Inc. a small but thriving business in the Denton community. Through active participation in our
city's cornmuaity I've grown to appreciate the diversity and opportunity this city has to offer. As a residcet
of this house for two yeas I realize the value of a quiet community. However, I sincerely hope an
exception can be male is this instance. TN-- party is planned on being held in my backyard, as well as the
immediate neighbor's yards surronding il. It is also worth meotianing that the fraternity house west of my
house is also planning a Halloween party and have already begun preparations. As this is the case, l can
assure you that my party will not be a substantial nuisance to she surrounding neighbors
Pkase present my case to the city council so that this event will be a safe and enjoyable success. If
shis is not she proper mcans. of attaining a variance or if you have any questions at all, please contxt me.
Again, thank you for your lime *Acoruideration in this spatter.
Sincerely,
J
CTLristophff Brown
1218 Ave. A
Denton, Tx. 76201
(h)(940) 484-6655
(wx940) 566-2771
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C Chapter 20
NUISANCES'
Art. 1. in General, if 201-20.30
Art. 11. Abandoned Property, if 20`31-20.10 ,
Div. 1. Generally, It 20`31-20-40
Div. 2. Motor Vehicles, ff 2041-20-70
Art, III. Grnaa and Weeds. It 2071-2073
ARTICLE L IN GENERAL
Sec. 20.1. Noise,
ai it shall be unlawful for any person to male or cause any unseasonably loud, dis-
turbing, unnecessary noiu which causes or may cause material distress, discomfort or injury
to persona of ordinary sensibilities in the immediate vicinity thereof.
bl 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 or ordinary sensibilities.
c) The following acts, among uthers, are dalared to be noise nuisances in violatioaof this
Code, but such enumeration shall not be deemed to be exclusive:
1 t The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, paAicularly 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 ien`
sibilities in any dweiLng, hotel or other type or residence;
V The use o(any itationary loudspeaker, amplifier or musical Ensitrument 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 10:00 p m. and 7.00
a. m., or the operation of such loudspeaker, amplifier or muskal instrument at any
time on Sunder; provided, however, that the city council may make exceptions upon i
• application when the public interest willrbe served thereby;
(3) The bkwins *(any steam whistle attached to any stationary boiler or the blowing of
any other loud or rar•rsaching steam whistle within the city limits, except to give
notice of the time to begin or atop work or as a warning of danger,
W The erection, excav►tlon, dsmolition, alteration or tepair work on any building at any
time other than between the hours of 7:00 a.m. sad 5:30 p.m., Monday through
Cress rsfse+atw-Prot+cud mlgrato bird roots declared nuisance. i "7; inspection • 0
and abaument warrwtta, i 19.85 st seq.; insect artd rodent contml in atobils home and rec-
reational vehicle parks, 132-91,
Sues. Ne, t 1389
4.
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} 20.1 DENTON CODE
Saturday; provided, however, that the city council may issw special permiu for such
wort at other hours incase of urgent necessity and in the interest of public safety and
convenience;
(S) The creation of any loud and excessive noise in connection with the loading or un-
loading of any vshkle or the opening or destruction of bales, boxes, crates or con-
tainers,
The use of any drum. loudspeaker or other instrument or device for the purpow of
attracting attention by the creetka of noises to any performance, show, theatre,
motion picture house, We of merchandise or display which causes crowds or people to
block or conpsgate upon the sidew" or streets near or adjacent thereto.
(Code I%$. If 14.20, 14.211
Cron reference-Animal no!", 4 6.26.
Sec, M2, Odors.
(a) It shall be unlawful for any person to create or cause any unreaaanably noxious,
unpleuant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities In the immediate vicinity thereof.
M It shall be unlawful for any person to create or cause any odor, stench or smell or such
character, strength or continued duration as to substantially Interfere with the comfortable t
enjoyment of private homes by persons of ordinary sensibilities.
{ (c) The following acts or conditions, among others, are declared to be odor nuisances in
violation or this Code, but such enumeration shall not be deemed to be exclusivo..
M OrTA,uive odors from cow lots, hog pens, fowl coops and other similar plates where
animals am kept or fed which disturb the comfort and repose of persons or ordinary
sensibilities;
(2) Offensive odors from privies and other similes: planes;
(3) Offensive odors from the use or poueesion of chemkals or from lnduatrial processes or
activities which disturb the comfort and r s7oaa of persons of ordinary wAiMlities,
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, dwWcals or
other t11oO or subat+ AW
• (S) Oiensivs odor from sit pools allowed to remain on any protaim or from
rotting prbap, reAUM offal or dead animals on any premises.
(Code 1968.11 1422.142.11 '
Sec, 20.& Gwbep, trash wA rubbish oulsances-Ganerally.
fat Storing or keqip4 gs trash and rubbish. The storing or keeping of my and sH
ft of d old
• stacks, heaps or p1las old lumber, refuse. Junk. oId can or msKhirsery or psreta th*red' • •
gubags. trash rubbish, scrap material, ruins, demolished or partly dnwlWW shvetures or
building, piles of stones, brieks at broken rocks on any promises bordering any publk street
I
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October 15.1997 G.I.S. Engineedng & Transportatbn Dept. Map Scale-1' = 2001t
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Agenda No. -0
PLANNING STAFF REPORTQede he -V
e 0-
DATE: October 17tI,1997
TO: Denton City Counal Members
VIA: Ted Senavides, City Manager
FROM: David HA Planning and Deveonent Director
SUBJECT: Hold a pubfk hearing and consider adoptlon of an ordinance regarding amending
Chapter 33 'Signs and AdverWrig Devices' (Off-Promises and BiNboard Signs) of the Code of
Ordinances refadng to the problMon of off-promises signs within tin City of Denton and both off-
pmmises signs and portable signs whhIn the axhWrttoriatpub&ffon of ft City of Denton and
amending regulations appoesl0e to nonconforming signs.
The Denton City Council will hold a second public hearing to hear comments regarding draft amendments
to city sign regulations on October 2111, 1997. This item has also been placed on the Egenda for formal
action by City Court. Attachment #1 contains a copy of the draft amendments to the existing sign
ordinance.
CHRONOLOGY OF EVENTS
The sign ordinance amendments have received attention at the blowing meetings:
APRIL 1sT. 1997: City Council Work Session request (see minutes, Attachment #2)
APRIL 22NC.1997: City Covncri Work Session (see minutes, Attachment #3)
AUGUST 27TH. 1997: City Planning and Zoning Conwission Work Session
SEPTEMBER 1102W7; City Planning and Zoning Corwissan Public Hearing; P8Z nxxnbers were
spin, 3.3, in moorrxnending a ban on new citywide and ETJ off-premises signs
SEPTEMBER 23RD, 1997: City Cou rd Work Session
OCTOBER 7T".1997: C4ty Council Public Hearing, no action
OCTOBER 21sT,1997: City Council Pubic Hearing and formal action
STAFF RESPONSE TO OCTOBER M. 1997 PUBLIC HEARING
• The public hearing was well•atterkW, and Counci members received comments regarding several sign.
related concems. Staff was asked to change the rame of the Sign Control Board, referred to in Sections
33-9, 33-10, and 3311 of the draft, to 'Sign Appraisal Board; in recognition of pre true function of this
body. This charge has been made as requested. Staff was also asked to prepare a swrmary of the major
elements contained in ft draft amendments, paNculariy with regard to the 'Sign Appraisal Board'. The
summary (Attachment #4) is inckrded as part of this report, and will be available to persons who attend the
• October 21 it public hearing. • •
ATTACHMENTS
Attachment #11: Draft Amendments Io Chapter 33 of the City Code; 'Signs and Advertising Devices'
Attachment #2: Apri 1d, 1997 City Couml Work Session W%tes (excerpts)
Attachment 03: April 22^x,1997 Cly Courd Work Session Moutes (excerpts)
Attachmenl#4: Summary of Major Paints - Sign Ordinance Arxndrrwts
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FPCMI CITY MANAGER FAX No.~ ttl3t98396 'el
City of Denton City Council Minutes
April 1, 1997
Page 21
roll Vote, Beasley "aye", Brock "aye", Cott "aye", Durran
n
IT young "nay", Biles "aye" and Mayor Miller aye No
car d with a 6-1 vote.
24. Th ouncil considered a resolution approving the a gnment
by Bruce n of the "Tract A" lease of airport proper slstiwayne
E. Hatcher nd David W. Austin, said property ng of
19,122.84 squ a feet.
Linda Ratliff, omic Development Director tated that this
resolution would a n the Brown property t ustln and Hatcher.
would All existing in the same. The
Advisory terms board commendd appro
Airport The following resol.:ion w conside
NO. 015
A RESOLUTION OF THE CITY C OF THE CITY OF DENTON, TEXAS,
APPROVING THE ASSIGNM BY BRUC iH R OF THE AND DAV"TRACT A" LEASE
OF AIRPORT PROPERTY DWAYNE E. 14. AUSTINo
SAID PROPERTY COf 19`1 .84 SQUARE FEET; AND
PROVIDING FECPIVE DATE
Cott approve e e r srrance oluti"aye n
Bile" motioned. "aye,,, seconded to
roll vote, Beas aye , Brock "aye", " tion carried
Young "aye", les "aye" and Mayor Miller aye .
unanimously
25. Mi llaneous matters from the City manager.
Cit onager Benavides did not have any items for council.
rtne.,i ..~Fiwrr-Tfawa_
♦s' t t ~,.ti
27. New Business
The following items of New Business wore suggested by Council
Members for future agendas:
A, Council Member Biles requested rda work inan session opt item
regarding a proposal to amend the sign 2s8 from
scenic highways legislation designating 5 areas - Loop
Highway 380 to 1-35; 1-35E from the Corlnth city limits to the
junction of I-35 east and west; I-35W from the Argyle City limits
• to the junction of I-35 east and west; I-35 from the junction of I- • •
35 east and west to the north city limits; and Highway 360 from
city limits to city limits. The city would ofeels■irtsTtx
_ recommendations and also explore the possibility ing
appeals to the Sign Board looking at the distinctions between
developed and undeveloped land.
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PRO/I~ C17Y PRHFGER PAM "D.I 9697496596 2 P.91
4 City of Denton City Council Minutes ~~'~MJ f
April 22, 1997 1
Page 8
until Member Durrance stated that this was a necessary a
f and looking program. These programs provided be r
coo ation of law enforcement and encouraged coalplinnc ith
cur re laws. This program worked with the community ervice
proIraps lready started in departments.
Council Mem Biles stated that this was a mul disciplinary
approach. Of these types of problems were t an isolated
violation but mu -violations.
Council member young ted that he suppor the program but felt
it needed to be done a over Denton not just in southeast
Denton. People should be wen fair ning before legal action.
Mayor Pro Ten Brock stated th ere were some areas along the
highway near where she lived wh rugs were sold and other types
of problems using tradition poi ng that was not effective.
Having a whole set of a oaches w d help to resolve those
problems.
Chief Jez stated tha he real benefit was tha portunity which it
provided for long rm resolution rather than r aced violations.
Mayor Miller ated that the program would be one to work to
reduce and urinate criminal activities.
Beagle otioned, Cott seconded to proceed with the prog on
roll to, Beasley "aye", Brock "aye", Cott "aye", Durrance on,
Yo "aye,,, Biler. "aye" and Mayor Miller "aye". Motion Carr
5. The Council receive a report, held a discussion and gave staff
direction regarding off-premise signs along highway entrances.
Rick Svehla, Deputy City Manager, stated that the vision Project
and the Denton Development Plan were looking at scenic highways
bills and the limited use of signs along entranceways as approved
by the Scenic Highway Act. in 1990 Denton became certified by the
State to do permitting for signs along highways in Denton. There
• had been some successes in two areas. One was that there were not
quite an many large signs and the second a reduction in size.
However, signs were still being built and permitted along highways.
Many cities used the right-of-way and regulated space along or
parallel to that right-of-way. That distance could vary which
would still wanted 1,000 feet
to pursue from
the proposal,r the 11
that if the Council 000 feet
R should be ugad for placement. Public hearings would be held at the
Planning and 2onin Commission and at Council prior to amending the • •
sign ordinA u an such an
appeal to o t=h bgn Board made, of Appeals. tatf
written to n~~ e~~
explored had also the iscus of amortization, the
possible to amortize signs but in 978 o billboard lo by got was
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FROMI CITY MANAGER FAX NO.1 1461411316 - i0-1~-f7 l3~33►Lt P102f
City of Denton City Council Minutes
April 22, 1997
Page 9
passed amendment d
farmntofaarket
highways. it was possible tooamorti a signs amortization
roads which were State roads.
Council Member Cott asked if the Cnamber of Commerce had seen this
recommendation.
Svehla replied no.
Kayor Pro Tex Brock stated that there were two issues which made
this proposal urgent. one was caused by the race track which would
have various kinds of businesses wanting to advertise along the
highways. Fort North had already created a scenic highway corridor
which was something Denton issue was the concept of overlayzoning along the major corridors.
This would be a beginning and would be appropriate to tack on to
the current sign ordinance.
Council Member Bites stated that he asked to have this item on the
well as the zoning
aga as conside inga the Denton De elopmentaPlan the
ordinance. Both of those were trying to establish a signature
identity of Denton. The entranceways would be key to that. He
asked if a billboard could be put up as an on-premise sign or was
that prohibited.
Svehla stated that if the sign were free standing, it would be
limited in size as opposed to one attached to the side of a
building which could be billboard size.
Council Kerber Bites stated that the present sign ordinance limited
the height and square footage of the signs. If a scenic corridor
were adopted coupled with the present sign ordinance, billboards,
excet for followed current highways, there wouldnbe ad time period bytthe and
of which billboards would have to be taken dorm and be eliminated.
He asked if the amortization could be expanded beyond loop 288 to
such streets as Carroll Blvd.
0 i Svehla replied it could apply to any street so designated.
Council Member Young asked what signs would be eliminated.
Svehla replied that it would not eliminate the existing signs on
the freeways or federal highways. it would not permit any more to
be built. On roads which did not have federal funds, a district
would be set up in which, after a period of time, existing
billboards would be eliminated. f •
J Bites motioned, Brock seconded to direct staff to prepare an
ordinance for -Commission and then ibyrCouncil ito designate 1]5E,ri135W ~andZISX,,
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FRO ILr CITY MANAGER FAX XO.1 9493490196 11-36-97 03131F ►-R3 -
1! City of Denton city council minutes
April 22, 1997
Page 10
U.S.390r U•S• 377 and Highway 77 as scenic corridors. A special
designation for amortization would be wade for Coop 2asr farm to
marke!•roads and other major arterials in the city. The corridors
would be measured 1,0oo feet from the outside of the right-of-way
and would include off-promise signs and billboards.
Council neaber Young stated that signs attracted business and this
proposal would attack business. That would ssnd a message that
Denton had enough business. Everyone who voted for the notion was
saying that.
On roll vote, Beasley "aye"r Brock "aye", colt "~aY"ti Notion Durranc*
"aye", Young "nay", Diles "eye" and Kayor Killer aye
carried with a 5-2 vote.
With no further business, the meeting was adjourned at 8:00 p.m.
ER, 1S1►YOR -
C Or DERTOmr TEXAS
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CIT S£CR ARY
CITY OP DLhPON, TEXAS
ACCO0381
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SUMMARY OF MAJOR POINTS
Sign Ordinance Amendments
ITHE C 1RRENT DRAFT nF THE ORDINANCE AMENDMENTS IS ADOPTED-
1. ALL NEW OFF-PREMISES SIGNS WITHIN THE CITY AND EXTRATERRITORIAL
JURISDICTION (ETJ) WOULD BE PROHIBITED.
2. NEW PORTABLE SIGNS, CURRENTLY ILLEGAL INSIDE CITY LIMITS, WOULD BE
PROHIBITED IN DENTON'S ETJ.
3. EXISTING OFF-PREMISES AND PORTABLE SIGNS (ETJ ONLY) WOULD HAVE TO
BE REGISTERED BY MARCH 1ST, 1998.TO REMAIN IN PLACE (When portable
signs were registered inside the city in 1969, tags were required within 3 months
of ordinance adoption and were issued at no cost).
4. REGISTERED OFF-PREMISES AND PORTABLE SIGNS WOULD BE CONSIDERED
LEGAL NONCONFORMING SIGNS OF LEGALLY ERECTED).
5. CITY COUNCIL WOULD BE ABLE TO CREATE A "SIGN APPRAISAL BOARD" :
a. The board would be appointed by the Mayor, 2-year terms, no pay
b. Five members - 2 real estate appraisers,1 sign business person, 1 landscape
architect, and 1 TXDOT employee experienced In real estate transactions
c. The board would be subject open meetings and open records requirements,
• and must hold public hearings to conslder specific signs
d. The board determines the compensation owed to an owner of a sign for the
relocation, reconstruction, or removal of an off-promises or portable sign
e. Sign removal requires cash compensation equal to 3 years of gross revenue
• to the sign owner, the real property owner is also compensated
o •
f. Sign owner has 30 days to remove a sign after notice Is given that
compensation Is available for payment
g. Appeals of board decisions would go to district court (within 20 days of
decision)
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SUMMARY OF MAJOR POINTS
Sign Ordinance Amendments - 2
IF THE CURRENT DR-OFT OF THE ORDIME AMENDMENTS IS ADOPTED -
6. DAMAGED LEGAL NONCONFORMING SIGNS, WHICH MAY BE REPAIRED IF THE
COSTS OF REPAIR DO NOT EXCEED 60% OF THE COST OF ERECTING A NEW
SIGN, WOULD FOLLOW CLEARER INSTRUCTIONS IN PREPARING ESTIMATES
FOR THE PURPOSES OF COMPARISON.
7. TEMPORARY SIGNS, WHICH AFFECT REAL ESTATE ADVERTISING INTERESTS,
WOULD NOT BE CHANGED.
8. THE DEFINITIONS OF "SIGN", "OFF-PREMISES SIGN", AND "ON-PREMISES
SIGN WOULD BE REVISED TO MATCH STATE DEFINITIONS.
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IF ADOPTED. THE SIGN ORDINANCE AMENDMENTS WOULD NOT AM =E
1. ANY CHANGES TO ON-PREMISES SIGN REGULATIONS.
2. ANY CHANGES THAT WOULD BE MORE RESTRICTIVE REGARDING THE
REPAIR OF DAMAGED OFF-PREMISES SIGNS
3. THE AUTOMATIC REMOVAL OF ANY SIGNS.
4. THE USE OF AMORTIZATION TO REMOVE SIGNS.
5. THE "SIGN APPRAISAL BOARD" TO SELECT SIGNS TO BE REMOVED.
6. THE "SIGN APPRAISAL BOARD" TO MAKE FUNDING DECISIONS.
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SUMMARY OF MAJOR POINTS
Sign Ordinance Amendments -"3
OTHER POINTS TO BE CONSIDERED -
1. THE SIGN APPRAISAL BOARD IS NOT NEEDED TO CONSIDER OTHER SIGN
REMOVAL OPTIONS, SUCH A SWAPS, TAX ABATEMENT, OR LEASE BUYOUT I
2. IF THE CITY DOES NOT PURSUE ACTIVE SIGN REMOVAL, ATTRITION THROUGH
DAMAGE OR VOLUNTARY REMOVAL WILL OCCUR.
3. THE CITY'S SIGN BOARD OF APPEALS IS A 5-MEMBER BOARD - MEMBERSHIP
QUALIFICATIONS ARE GENERAL AND DO NOT MEET STATE SIGN APPRAISAL ~
BOARD REQUIREMENTS.
CHRONOLOGY OF EVENTS
APRIL 1$T, IN 7: City Council Work Session request
APRIL 22"c,1997: City Council Work Session
•
AUGUST 27N.1997: City Planning and Zoning Commission Work SessW
SEPTEMBER 10TH, 1997: City Planning and Zoning Commission Public Hearing and
Recommendation
• SEPTEMBER 23RO.1997: City Council Work Session a •
OCTOBER 77x.1997: City Council Public Hearing
OCTOBER 2157.1997: City Council Public Hearing and formal action (teotatfve)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS AND
ADVERTISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY OF ffi2qfON
RELATING TO THE PROHIBITION OF OFF-PREMISES (BILLBOARD) SIGNS W1THiN THE
CITY OF DENTON AND BOTH OFF-PREMISES (BILLBOARD) SIGNS AND PORTABLE
SIGNS WITHIN THE EXTRATERRITORIAL IURISDICTION OF THE CITY OF DENTON
AND AMENDING REGULATIONS APPLICABLE TO NONCONFORMING SIGNS;
PROVIDING A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Highway Beautification Act passed by the United States Cor Tess in 1965
found that the erection and maintmarke of outdoor advertising signs in arras ridjacert to the Interstale
Highway System should be controlled in order to protect the public iavestmet in such Noways, l4
¢ronwmft % ft and roontk4 value of akk 1TavA and t_o txestave natural beauty and
WHEREAS, in 1981 the United States Supreme Court in Metrantdia L~ v City of Sant
Diego, 453 U.S. 490 held that the w4er6ned language about: constitutes substar" governmental
goals and that aesthetics and traffic safety are public proposes sufficient to support the regulation of
signs, includuig a ban on off=site cornn ercial signs; and
WHEREAS, the construction of signs, bWboards, and Ww outdoor advertising anx Lures can
present sine tural hazards which threaten the hmhh and safety of the citizens of the City of Demon by
creating isrrpediments and dangers to traffic along thoroughfares and easane0s; and
WHEREAS, the control of siting and placortienrt of signs, billboards, and odrcr advertising
snrttctwes will promote and enhance the of 6a t and safe use of public thoroughfares; end
WIEREAS, the continued construction of off-Premise signs leads to the diminution of
property values for adjacent properties and thereby adversely impacts on the taxable value of such
affected properties; and
WHEREAS, the coninued construction of off-pre nise signs causes 4xrtased risk of
distraction and danger to citizens driving and walking on streets and tboroughftres; and
WHEREAS, portable sign !resent special traffic hazards when towed on public streets of
displayed on public rights-of-way and present dangers to the health and safety of the citizens of the City
• of Denton because of their propensity to be blown about if not properly anchored; and • •
WHEREAS, Chapter 216 of the Local Government Code was adopted by the Texas
Legislature to provide a procedure for removing off-premise signs and the courts have been aced
upon to review the application of Chapter 216 and to date no authority gists finding such sign removal
procedure to be invalid, I W
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MTgF,et the de.M to the 4N M W& in our rimer of Lk State from distractiaa
01*ej by I&r,c QjPVtd- MftMa d&s is exerrgy a jta]awerd of $20 milWn
I n for car a~~omobrk acadert which oaurt in Decemba 4 1993 at DFW AiM9d
ti° two urs collided while their drivers were loc a to read off-,p=ss sinus; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERESY ORDAINS:
SECTION I. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is
hen eby amended by reviling the defir 6xis of the terror ojjpremisms sign, car premises sign, and sign
in Section 33-2 entitled "Definitions" by defining such tuns to read as follows:
Sec. 33-L Definitions.
0#fpremises sign means a sign displaying advertising copy that pertains to a business, persons
organization, activity, evern, Puce, service, or product not principally located or p(vnatly
manufamued or sold on the premises on which the sign is located.
Otpremisrs sign n wrs a freestanding sign identifying or advertising a business, pawc or
activity, and irstabed and maintained on the same premises as the business, person, or activity. A sign
which promotes or displays a political, rdWous cc ideological thought, belief.; opinion or other
nx4ommercia! message shell be considered an on-premises sign
Sign means an outdoor structure, sigq display, light & ice, figure, painlit>B, drawi g message
plaque, Poster, billboard, or other thing that is designed, intended, or used to advertise or inform "One
cign" or "a sign" means any number of signs located on or supported by a single or comreon
supporting structure.
SECTION II. That Chapter 33 "Signs and Advertising Devicrv" of the Code of 04nances is
hereby amended by adding a subsection (12) of Section 334 entitled "Certain proh'bited signs" to read
as follows:
Sec. 334. Certain prohibited signs. k
It shall be unlawful for any person to eroct, irsull, construct, display, mkntairt, row, place,
locate, relocate or make use of any of the following signs for advertising purposes:
[See text of subsections (1) - (11) in existing ordinance]
• 02) O,(fpremisvs sign. Any off-premises sign which is not a properly registered nonconfornung I • O
off-premises sign as provided for in this chapter.
SECTION III. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinarnus is
hereby amended by adding Sections 33.9 through 33.11 to read as follows:
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Sec. 33-9. Sego Appraisal Board.
(a) The Sign Appraisal Board is Created to exercise the powers granted under Sec. 33-10.
(b) The Sign Appraisal Board shall oonsist of five persons appmaed by the Mayor. Membership on
the Sign Appraisal Board shall be for a term of two years, except that the Mayor shall designate
two members of the initial Board to serve one-year terns; and each member shall serve unir3 his or
her akcemm is appointed and qualified,
(c) Appointments to the Sigh Appraisal Board shall be made to maintain a membership that includes at
all times five persons with the following credentials;
I
(1) two real estate appraisers, each of whom must be a member in good standing of a
nationally recognized professional appraiser society or trade orpnizatiorr that has an
estabLOW code of ethics, educational program, and professional certification program;
(2) one person engaged in the sign business in the city,
(3) one employee of the Texas Department of Transportation who is fznuT ; with real estate
valuations in eminent dcxrain proceedings; and
(4) one architect or landscape architect licensed by the state.
(d) A member of the Sign Appraisal Board shall receive no compensat,, 1 or reimbursement of
expenses for service on the Sign Appraisal Board
Sec. 33-10. Determination of compensation required for mrooval
(a) The Sign Appraisal Board shall have jurisdiction over off-premises (billboards) and portable
signs only.
(b) The Sign Appraisal Board shall have and exercise the power to determine the amount of
compensation to which the owner of a sign is entitled to be paid by the City, if removal of the
• sign is required under Sec. 33-11.
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(c) The Sign Appraisal Board may determine the amount of compensation to be paid to the owner '
of a sign under subsection (a) only after public hearing to provide the owner of the sign an
opportunity to be heard with respect to the issues involved in such determination. Notice of
the public hearing shall be given in accordance with the requirements of subsection (4) of Sec.
• 33-6(c); except that notice of the public hearing is required to be given only to the owner of • •
the subject sign.
(d) The Sign Appraisal Board may establish rules, procedures, and guidelines consistent with this
Article and applicable law (e.g., TEX. LOC. GOVT CODE ch 216) as it deems necessary to
exercise its powers under this section.
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(e) A decision of the Sign Appraisal Board under this section may not be appealed to the City
Council. As provided by state law, the decision may be appealed to district court by filing a
verified petition with the court within 20 days after the date of the decision is rendered by the
Sign Appraisal Board.
Sec. 33-11. Regrind reroovd of off-premise (b0board) signs arsd portabk signs.
(a) The owner of an off-p.wnises (bVboard) sign or of a portable sign shall permarw* remove that
sign no later than thirty (30) days after notice that the compensation determined by the Sign
Appraisal Board under Sec. 33-10 is available for payment and win be paid upon removal of the
sign, Upon satisfactory proof to the Building Official that the sign has born removed,
compauation shall be paid to the owner in axordance with the method or methods authorized
under subsection (b).
(b) The notice reluired raider subsection (a) shall be given to the owner of the sign pu ram to Sec.
33.121 aRcr the City Council has authorized payment of the compermtion determined under Sec.
33-10 and the method, or combination of methods, by which the compertsation shag be made in
accordance with state law. (TEX LOC. GOV'T CODE §216.008 AND §216.010.)
(c) The owner of a sign to whom notice is given under subsection (a) is guilty of a Crass C cintirW
misdemeanor offense if the owner fails or refuses to remove a sign required to be removed under
subsection (a) no later than dirty (30) days after notice is given.
SECTION 1V. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is
hereby untended by adding a subset'ion (4) to Section 33-91 of Article III "Nonoortfonniog Signs" to
read as follows:
See. 33.91. Defmition.
A sign, including as supporting structure, shall be considered wmconforming what it does not
conform to all or part of the provisions of this d%Wer applicable thereto, is rot a temporary sign and:
• (See tad of (1) - (3) of odsting ordinance)
(4) Was in existence and lawfully located and used as an off-premises ground sign puns m to_Sec.
33.182 on November 5, 1997.
SECTION V. That Chapter 33 "Silpts and Advertising Devices" of the Code of Ordinances is -
• hereby amended by revising Section 33.93 entitled "Registration of nonconfbr n portable signs" to • •
read as follows: I
Sec. 33-93. Registration o(nonconforming pocUbk and of -prom m (bilboard) shpts.
On or after June 1, 1989, it shall be unlawful for any person to maintain wry portable sign
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within the corporate limits, and on or after March 1, 1998, it shall be rumlawful for any person to
maintain arty off-premises (billboard) sign on any prenoses within the corporate limits and both portable
and off-premises (billboard) signs within the extraterritorial jurisdiction of tht City of Denton without
having a valid reti..Yrarion tag ar-ed thereto as required in this section as follows:
(1) Applioahorn. To register a nonconforming portable or off-premises (billboard) sign, application
shall be made to the building official on forms provided for that purpose. The application shall be
accompanied by the payment of the applicable fee, as established by the City Counts and on file in
the office of the aty secretary, and stall contain the narne and address of the owner of the sign, the
exact location of the sign, the date of placmrent and arry other information reasonably required by
the building official.
(2) /suunrce of registration tag. If the building official determines that the portable sign or off-
premises (billboard) sign is a lawfully nonce brmi tg portable or off-premises (billboard) sign, he
stall issue a registration tag to the applicant. The owner of the sign shall cam the tag to be affixed
in a conspicuous place on the corresponding portable or off-premises (billboard) sign registered.
(3) Renrmrd or desrrrojred signs. Any owner who rrnoves or causes the removal of any validly
registered noncortfortirmg portable or off-prmses (oNward) sign from arty pmrrises shad, within `
five (5) busirtess days of its removal, report the removal to the budding official.
(4) hnnikJaho n of regisdrrhw. The building official shall invalidate any registration tag for a
nonconforming portable or off-premises (Wlboud) sign when:
a. It is removed from the premises for any reason;
b. It has been damaged or destroyed so as to lose its nonconforming or off prerises (bD oard)
sign status as provided in this chapter,
c. It has become ar. abardoced sign.
SECTION Vi. That Chapter 33 "Signs trd Advertising Devices" of the Code of Ordinances is
hereby amended by revising Section 33.95 entitled "Destruction; repair" to read as follows:
l
• Set. 33A. Desiruct;os; repair.
(a) Any nonconforrwi g portable, attached or ground :.gn, including its supporting Mwiture, which is
blo-An down, damaged, dilapidated, or detertcfated, or otherwise destroyed or dismantled for any
purpose other than maintenance operations or for changing the letters, symbols, or other matter on
the sign, Thal: not be replaced, repaired, or renovated, in whole or in part, if the cost of such
replacement, repair, or renovation is in excess cf sixty percent (6096) of the cot of erecting a new
• sign of the same type at the same bcatkx% including its supporting structure, urdess such alteration • •
or repair makes the sign mnforting No person shad repair, renovate or alter a noncodoring
sign without first receiving a sign permit.
(b) The building official may, wteaever he deems n.cessary to reasonably ddermine the applicability
of subsection (a) of this section, require the owner of the nonconformng sign to submit two (2) or
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more Wependent estimates from established sign cornpanrs of the cost of replacing, repairing or
renovating, in whole or in part, the existing noncodming sign: and two (2) or more inidepende nt
estimates from established sign companies of the reproduction UV Of eroding a new sign of the
same type at the same location including its supporting structwrs.
(c) The estimate required by subsection (b) shall be based on the costs for new materials for both the
sign to be repaired and the new sign Also, the estimate shall reflect the reasonable and customary
costs in the industry for (1) the delivery of materials and equipment to the location of the sign and
(2) the cost of labor for each phase of sign construction.
(d) No sign or supporting stmcture which is lawfully reproduced, repaired or renovated as a
nonconforming sign shall be increased in effective area or height.
SECTION Vql. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is
hereby amend by revising Division 2 entitled "Portable Signs" and Sections 33-166 through 33-
167.1 of such division to read as fokws,
DIVISION 2. PORTABLE AND OFF-PREMISES (BILLBOARD) SIGNS
Sec.33-166. Probilrited.
It shall be unlawful for any person to display, rrAintain, erect, place or relocate any portable or
off-premises (billboard) sign on any premises within the corporate limits and the odraterTitorial
jurisdiction of the City of Denton that is not a registered portable or off-pranises (billboard) sign. No
new sign permits " be issued for portable or off-premises (billboard) signs within the corporate
limits and the extraterritorial jurisdiction of the City of Denton from and after November 5, 1997.
Sec. 33.167. Lawful nonconformity.
[See text in existing ordinance)
Sec. 33.167,1. Lawfd nonconformity from November 5, IM.
Any portable sign lawfully existing upon any premises within City s extraterritorial jurisdic-tion
before November 5, 1997, and any off-premises (billboard) sign lawfully existing upon mty premises
with the corporate limits and extratemtorW jurisdnction of the City of Denton before Noverber 5,
1997, in accordance with the provisions of any prior ordinance, shag be allowed to remain on that
premises as a nonconforming portable or off-premises (bUxwd) sign, if prey registered and
continuously maintained in accordance with the provitsionu of this chapter. -
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SECTION Vlll That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances
is hereby wrokied by repeating subsection (5Xa) entitled "Off-premises signs" of Section 33-182 since
newly amended Section 33-166 prohibits such signs.
SECTION 1X. Tfat any person violating curry provision of this ordinance shell, upon
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convictiM be fined a sum not exceeding 52000.00. Each day that a provision of this ordnance is '
violated shd constitute a separate and distinct ofraft.
UCjLQtjX• That if any section, subsection, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstances is held invalid by any
dih' of the remai6 portions
shall not affect the verb ~
' court of competrntjurisdiction, such holding
of this ordinance, and the City Councd of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such validity.
SEMON 1jj. That save and except as amended hereby, all the provisions, sections
subsections, paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordinances
shall remain in full force and effect.
SECTION MI, That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby duetted to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage. `
PASSED AND APPROVED this the day of, 1991. f
JACK MIL_. tk MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
/ i • •
• BY: n ? tt
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Page 7
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/~{r~+da Not.
Agenda Item
Date: UCIwel- . -Z
C17Y COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Hold a public hearing on the status of Community Development activities
RECOMMENDATDON:
N/A
BACKGROUND:
The Community Development program year ended on July 31, 1997. Staff is currently
compiling statistics and other information to complete the annual performance report for
submission to the U.S. Department of Housing and Urban Development. HUD) regulations and
Denton's Citizen Pa_rticipWon Plan for community development require that public hearings be
held to assess the status of completed and ongoing activities. The public hearing will allow
citizens and council members the opportunity to comments and ask questions regarding general
programs or specific projects.
Staff will provide a brief presentation on dte status of community development programs and
projects. After the preservation, the public will be invited to provide comments and ask
questions about the activities. Below is an outline of presentation topics:
1. Public Improvements
a. Nonprofit facilities
b. Park facilities improvements
c. Sidewalks
d. Street improvements
• ID. Housing
a. Affordable Housing Program f
b. Denton Affordable Housing Corporation
C. Emergency Repair Program
d. Homebuyer Assistance Program
e. Housing Rehabilitation and Reconstruction programs -
• f, Rental Rehabilitation Program •
g. Tenant-based rental assistance f
Page t
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M. Human Services
a. Elderly
b. Employment de training
c. Health care
d. Housinglutility assistance
e. Services for the disabled
f. Youth
g. Transportation
IV. Economic Development
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens
f Program Beneficiaries
Neighborhood Organizations
Lenders
Realtors
E
Local Contractors t
Service Agencies
Parks and Recreation Department 1
Engimring and Transportation Department C
Community Development
]FISCAL IMPACT,
NIA
i
Respectfully submitted: i
Rick Svebla
• Deputy City Manager
4
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i
Prepared by: o
?A 2 z,,,,
Barbara Ross
Commuaity Development Administrator
Approved:
11Z
D~+i ill
%Ulive Director for Planning do Development
h
Attachments:
1994, 195 and `96 Balance Sheets
Public Services, Housing and Human Services Outlines
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Date: 10/09/97
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
1994195 GRANT
11 dgat tzpondituraa tadiaQ
P9OGpJ~1(~UCgIYITY Azount as of 7/)1 971 _ falanca
CD ADMINISTRATION 222,478 222,476 0
1II
y HOUSING REHABILITATION PROGRAM 58,563 58,563 0
HOMEBUYERS ASSISTANCE PROGRAM 80,702 80,702 0
MLK ASAS PROGRAM 29,431 21,329 8,102
AIDS SERVICE OF DENTON CO. 7,500 7,500 0
FAMILY HEALTH CARE 15,000 35,000 0
KING'S KIDS SUMMER PROGRAM 17,670 17,670 0
DEMOLITION PROGRAM If~ 84,248 53,089 32,159
OWSLEY SUMMER PROGRAM 11,750 11,750 0
1
RAINBOW CONN. - OWSLEY SERVICES 8,441 ` 8,443 1
V HOPE, INC. 18,000` 18,000 0
TyN CARES HEAI.I7[ CENTER 16,728 16,727 1
V
AFTER SCHOOL ACTION SITE 5,652 5,651 _1
tl SPAN VEHICLE PURCHASE 14,140 13,180 9160
4 -
STREET REPAVING PROJECT 22,436 22,435 1
MLK PARR IMPROVEMENTS 2,7311 2,730 1
AMERICAN LE0104 HALL REHOV. `i 135,000 134,236 764
DENIA PARK IMPROVEMENTS I 40,050 40,050 0
FRED MOORE CTR. RENOVATIONS 200,000 200,000 0
IN
FAIRHAVEN REHABILITATION 14,957 14,957 0
•
ADA COMPLIANCE PROJECT 7,897 7,897 0
OWSLEY CENTER - LAND ACQ. 25,894 25,894 0
CHAMBERS STREET DRAINAGE 106,276 106,175 1
CCDN DRAINAGE IMPROVEMENTS 22,297 22,297 0
MK6T ILROAD DRAINAGE IMPROV. 26,773 18,772
TOTAL_1994195.OAJINT 206 6 7 11165 62 40,992
Cage 4
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!.',i -1~'P'i^Y71.«p'4s 5~}'•+i"f. rte. 1!R✓:YA~7,.
Date; 10/09/97
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
1995/96 GRANT
Budget -T >vcpeadituree iadi v
P31001W1jACiIVI7Y Asount u o_ 7L31 97 __lalsace_
CD ADMINISTRATION 219,215 219,215 0 i
HOUSING REHABILITATION PROGRAM 256,104111 256,104 0
HOMEBUYERS ASSISTANCE PROGRAM 125,000 125,0001 0
ALTERNATIVE AVENUES PROGRAM 5,000 5,000
AIDS SERVICES OF DENTON CO. 7,500 7,500 0
NORTH TEXAS COMMUNITY CLINICS 31,000 31,000 0
i
FING'S KIDS SUMMER PROGRAM 15,75011 14,320 1,430
DEMOLITION PROGRAM 46,9691 12,649 34,270
OWSLEY SUMMER PROGRAM 11,750111 10,688 1,062
EVE RS PARX PROJECT 100,189 65,978 34,211
1113 ON COMMUNITY DEV, CORP. 60,500 5,820 54,680
COMMUNITY SIDEWALK REPAIRS 102,933 1 43,296 59,637
COOK 4 RUTH REPAVING 18,150 18,150 _ 0
f 37,526 1
~I C.RAWFOAD ST. REPAIRS 37,527
DENTON SPECIAL OLYMPICS 11,907 11,907 0
CITY CO. NURSERY KITCHEN PROD. 35,000 3,913 1,087
FAIRHAVEN REHABILITATION 12,000 i2,000 0
FRED MOORE RENOVATIONS 75,000 72,259 2,741
MLK LIGHTING PROJECT 3,000 1 1,023 1,977
PHOENIX PARK PLAYGROUND 35,000 12,636 2],364
HOPE, INC. 25,000 25,000 0
MHMR RESPITE SERVICES 6,834 6,834 0
•
j SPAN (FAIRHAVEN) 7,042 7,042 0
TWU CARES 20,000 20,000 0
CONTINGENCY FUND 5,230 0 S'230
tp TWU CLINIC RENOVATIONS 10 000 19,0001
• E • •
29t6 0
TOTAL X99596._gRAN7 --1~---,Ag0j._-=110 0 --2
,
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, •N::,;..'.2 t'-.,,., 1'.~r'y`r ^Y.Stl1tY.Y1T.~v"1iC4`JFtfC•!
Date, 10/09/97 r
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
1996/97 GRANT
- Budget l~aaditiuea fading
.1,_- falaaC~_ _
_PROQRANACTIVTPY__ - - - - AaounE_ ae_ of 7/311-07
CD ADMINISTRATION T 231,000 r 211,961 19,039
HOUSING REHABILITATION PROGRAMS 376,300 347,178 29,123
HOMEBUYERS ASSISTANCE PROGRAM 69,150 58,322 _11,128
RENTAL REHABILITATION PROGRAM 55,136 0 55f-136
AIDS SERVICES OF DENTON CO. 10,000 10,000 0
FAMILY HEALTH CARE 35,000 27,283 7,717
KING'S KIDS SUMMER PROGRAM 20,000 0 20,000
EMERGENCY REHAB. PROGRAM 36,000 24,611 11,389
OWSLEY SUMMER PROGRAM 16,811 0 16,811
ULAND 4 BANNER ST, REPAVE 53,470 463 53,007
DENTON COMMUNITY DEV. CORP. 30,000 0
NORTH TEXAS EDUC. i COOP 26,132 7,892 18,540
SEQUOIA PARK SIDEWALK 34,000 24,112 9,,868
LAKEY REPAVING 6 DRAINAGE - PH.1 53,349 0 53,349
FRED MOOR.E ACTIVITY STAGE 45,000 45,000 0
FRED MOORE CTR. PLAYGROUND 13,000 6,265 6073S
SOUTH CENTRAL SIDEWALK 39,600 777 38,823
STROUD 4 PIERCE REPAVE 37,100 0 37,100
SPAN VEHICLES PROJECT 18,528 13,300 5,228
ff
HOPE, INC. 25,000 15,625 91375
TWU CARES CLINIC 10,000 0 10,000
MHMR RESPITE SERVICES 14,753 1,096 13,657
CAMP SUMMIT 3,000 0 3,000
ALTERNATIVE AVENUES 5,754 2,702 31059
SPAN (FAIRHAVEN HOMEMAKER) 11,000 5,862 51138 • •
R INTERFAITH MINISTRIES JA.2jl 6,779 1,471
l TOTAL, 1996197 GRANT 228 4 T
Page 6
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-.._:.:r. i.r'..a.;~i'~.•'L:i1ry..•.sa.a.~slvy s~/;YJ~lt'i sufY~'4A141ii17nYG'il:~Pl~`O~tlM~'~'~ttwiM. ,.Date: 10109/97
HOME INVESTMENT PARTNERSHIP PROGRAM
1494 tbru 1996 GRANTS
Y2AA _ raoQ~An11~?IV~rRr_ 1 _?~O~°o a. a-i-7zuLm R6alaaoa
94 CD AW NISTRATION 50,000 471851 2,149
I
94 HOUSING REHABILITATION PROGRAM 145,289 195,289 0
94 1PROGRAM 69,298 69,289 I _ 9
94 FORDABLE HOUSING PROGRAM 194,76S 80,200 114,065
94 DENTON ING CORP. 75,000 75. OOD
95 CD ADMINISTRATION 41,U0 -512 40,429
95 HOGSIHG REHABILITATION PROGRAM 78,555 - 41,060 -11,495
95 OPTIONAL RECONSTRUCTION PROGRAM 204,500 51,567 ,1.52,978
95 RENTAL SUBSIDIES (FAIRHAVEN) ; 12,280 11,708 _ 572-
5 DENT'ON AFFORDABLE HOUSING CO P. III 75 0 0 7 000 0
q 96 CD ADMINISTRATION ` 45,900 15,419 10,481.. _
96 OPTIONAL RECONSTRUCTION PROGRAM 279,190 62,805 _--166,165 -
96 HpMEBUYERS ASSISTANCE 86,160 65,453
96 RENTAL SUBSIDIES (FAIRHAVEN) 12,000 4,281 7,719
96 DANC: ADMINISTRATION 20,000 201000_
1
96 DAHC: SINGLE FAMILY PROGRAM 21,350 0 21,750
96 C, MOCKI IRD -
1TOTAL__ 1994 M6 GRVN~9
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PUBLIC FACILITIES IMPROVEMENTS
Nonprofit Facility Improvements
City County Day Nursery School Drainage/Kitchen
Fairhaven Retirement Center Improvements
Fred Moore Day Nursery School Playground
TWU CARES Renovation
Park Facility Improvements
American Legion Hall
Evers Park Restroom/Concession Fadlity
Fred Moore Park Activity Stage
Phoenix Park Improvements
Sidewalks
Bell Avenue
Community Sidewalk Repair Program
Bolivar at Morse
Sequoia Park Neighborhood
South Central Sidewalks
Greenlee, W Prairie, Stroud at Highland
• Street Improvements
Crawford Street
Stroud az Pierce Repaving
Uland at Banner Repaving
Page 6
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HOUSING
Program Demdpdon Agency
Affordable Construction of new homm on single City of
Housing fandly, lots throughout the City. Denton
Affordable Acquisition, rehabilitation it sale of Denton
Ownership HUD foreclosure properties. Affordable
Opportunity Housing
Emergency Emergency repairs In Instances where City of
Assistance there is an Immedlate threat to health Denton
and safety of residents.
Homebuyer Assistance with down paymnta dosing qty of
Assistance costs and gap financing. Denton
Housing Rehabilitation and reconstruction of city of
Rehab at hones In low/moderate Income Denton
Reconstruct neighborhoods.
Mockingbird Development of 15 -25 new homes on Denton
Development land donated to and acquired by the Affordable
Denton Affordable Housing Corp. Housing
e Tenant-Based Provision of rental assisance to low Fairhaven
Rental Income elderly citizens. Redranent
Assistance Center ,
Page 9
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moo
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HUMAN SERVICES
Children at Youth
After School Action Site
Alternative Avenues - PARD program for at-risk youth
Denton City County Day Nursery School
DISD TTRIPS - Child care for teen parents
Fred Moore Day Nursery School
Kings Kids Summer Playground Program - PARR
Owsley Services Program - united Way, payment of fees
for participation in community actMdes.
Owsley Summer Playground Program - PARD
Services for the Disabled
AIDS Services of North Texas - Nutrition center support
Camp Sunnnh - Therapeutic recreation program
Denton County MHMR - Respite housing for substance
abuse program participants
Elderly Services -
Adult Day Care
RSVP - Senior volunteers
SPAN - Homemaker services t
A,ge 10
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PUBLIC FACILITIES IMPROVEMENTS
Nonprofit Facility Improvements
City County Day Nursery School Drainage/Kitchen
Fairhaven Retirement Center Improvements
Fred Moore Day Nursery School Playground
TWU CARES Renovation
Park Facility Improvements
American Legion Hal;
Evers Park Restroom/Concession Facility
Fred Moore Park Activity Stage
Phoenix Park Improvements
Sidewalks
Bell Avenue
Community Sidewalk Repair Program
Bolivar at Morse
Sequoia Park Neighborhood
South Central Sidewalks
1 Greenlee, W Prairie, Stroud at Highland
Street Improvements
Crawford Street
Stroud at Pierce Repaving
Oland a Banner Repaving
• • •
Page 1 I
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3,:_ Ile
HOUSING
Program Description Agency
Affordable Construction of new homes on single Cky of
Housing family lots throughout the City. Denton
Affordable Acquisition, rehabilitation at sale of Denton
Ownership HUD foreclosure properties. Affordable
Opportunity Housing
Emergency Emergency repairs In Instances w"kre Cky of
Assistance there h an hnmediate threat to health Denton
and safety of residents.
Homebuyer Assistance with down payment, dosing Cky of
Assistance costs and gap financing. Denton
Housing Rehabilitation and reconstruction of Cky of
Rehab alc homes In low/moderate Income Denton
Reconstruct neighborhoods.
Mockingbird Development of 15 - 25 new honks on Dutton
Development land donated to and acgnired by the Affordable
Denton Affordable Housing Corp. Housing
• Tenant-Based Provision of rental assistance to low Fairhaven
Rental Income elderly cithem. Redretkat
Assistance Center
r _
Page 12
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HUMAN SERVICES
Children ex Youth
After School Action Site
Alternative Avenues - PARD program for at-risk youth
Denton City County Day Nursery School
DISD TRIPS - Child are for teen parents
Fred Moore Day Nursery School
Kings Kids Summer Playground Program - PARD
Owsley Services Program - United Way, payment of fees
for participation In community activities. '
Owsley Summer Playground Program - PARR
Services for the Disabled
AIDS Services of North Texas - Nutrfdon center support
Camp Summit - Therapeutic recreation program
Denton County MHMR - Respite housing for substance
abuse program participants
Elderly Services
Adult Day Care
RSVP - Senior volunteers
SP! • Homemaker services
pogo 13
•
HUMAN SERVICES
Employment at Training
North Texas Education K Training • ESL at VoadorW
Training
Family Services
Community Food Room
Friends of the Family - Domestic violence prevention at
services
Health Care
Family Health Services - prenatal care
TW[l CARES -family health are
f Housing
HOPE, Inc. - 30 to 90 day emergency assistance
HOPE, Inc. - Transidonal Housing Program
Interfaith Ministries - utility assistance
Transportation
SPAN Vehide - purd~ase of lift-equipped vehicle
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CITY COUNCIL REPORT Apnda No,~ I
A94MI hm
DMtr
TO: Mayor rnd Members of the City Council
FROM: Rick SveNa, Deputy City Manager
DATE: October 21, 1987
SUBJECT: Consider approval of exaction variances to Section 34-114(5) concerning perimeter
paving and Section 34-114(17) concerning sidewatke• The 18.788 acre trod Is located
on the south side of Poclws Page Road, east of interstate 35.
RECD MENDATFON:
The Planning and Zoning Commission recommended approval of the variances (7.0)•
BACKGROUND:
See Planning and Zoning Commission Report
PROGRAM, DEPARTMENTS OR GROtlP8 AFFECTED:
Not applicable.
FISCAL IMPACTm
None.
Please advise if I can provide additional information.
R submitted.
/PodV
Rick Svehla
Deputy City Manager
Prepared by
a Bateman
Senior Planning Technician ,
Approved by
vid M. Hifi, AICP, LA ~ _
Dlrector of Planning and Development
f '
Attachment #1: Pianning and Zoning Commission Report.
Attachment #2: Planning and Zoning Commission Minutes from September 24,1987.
i '
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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: October 21, 1997
SUBJECT: EXACTION VARIANCES FROM SECTION 34-114(5) CONCERNING PERIMETER
STREET PAVING AND SECTION 34-114(17) CONCERNING SIDEWALKS.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval (7.0) of the perimeter street paving and
sidewalk variances.
SUMMARY:
The 18.796 acre tract is located on the south side of Pockrus Page Road, east of Interstate 35. Lot 1
currently has a single family home on the lot and plans to makoin the single family use. Lot 2 is
vacant and no development is planned. The property is zoned Agricultural (A) and allowed uses are
limited. If, at a later date, the applicant wishes to develop the property for a more intense use,
Chapter 34 (SubdMsbn Regulations) will require that the property be replatled. At that time
additional public improvements will be required.
BACKGROUND:
Mr. Edward Kenas, owner of the proposed Kenas Estates SubdivWon has appried for variances of
Sections 34.114 (5) and Section 34-114(17) of the Code of Ordinances concerning perimeter street
paving and sidewalks respectively. Section 34-114(5) requires the installation of City standard paving
along the frontage of the proposed subdivision on any existing road. Section 34-114 (17) requires
the developer to install sidewalk a" the perimeter street,
ANALYSIS:
Because the applicant is proposing only two agriculturally zoned lots and has a total of over 660 feet
of frontage on Pockrus Page Road, he feels the expense involved with the requiredd street and
sidewalk improvements far outweighs what Is warranted for this development which makes this an
exaction variance.
• An exaction variance may be recommended to the Council if the Planning and Zoning Commission
find tho following exist:
Where the Commission finds that the imposition of any development exaction pursuant to ttbse regulations exceeds ,
any reasonable benefit to the property owner or is so exoeseive as to mmtitule oonWation of the tract b be platted,
it may recommend approval of variances to wefve such exactions, so as to prevent such excess, to the City Count
Waiver of developmental exactions shall be approval by the City CouncB.
ENCLOSURES; i
1. Preliminary Plat
1--
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DCT-15-1947 14329 CITY IF DD I PLJ*NING P.02
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ATTACHMENT 2 Page ] 1
House representing Matthew Southwest, the dc14d0pa. 1 has an existing bole, the WROW fat that the
1 Ms, scHextz And could I have you address? 2 installation of perimeter paving and sidcwallt across the
3 MR 11o e- You Dire can. It's 1660 South 3 (rootage of this relatively, large tract would be
4 Std~fnons, Lewisville, 75067. And I ogee with you 4 extremdy expebsvr. in fact, Probably about (33,000 00
5 there was discussion of construction aLCOM I don't 5 worth of paving imd about $6,600.00 worth of sidewalk.
6 think it was ever a condition that was placed on our 6 71 at, of course, mains this on exaction variaaoe which
7 plans but we are certainly willing to abide by that. 7 is one that you would make a recommendation to the City
s It's been our intent to have txoAnxiio0 access 5 Council o m
9 primarily off of 377. Otmiousiy, with the exOM60n of 9 In this are staff world agree with the
10 that work which has to occur right them 00 Brush Crock 10 applicant considering the type of zoning and that the
I 1 Road. But, basically, our Coostructioo 60" will be 1I property is being divided into only two lots. This
12 off 377 and we have agreed with staff 's r0Vlrmmtat that 11 amount of greet irnprovernmt and sidewalk Improvar>cat
13 won will be doing some overlay improvensenu to Brush 13 would probably not by proportional, and so Dix world
14 Crock Road at the OOmspkSi0a of our 0000tructim 301 14 recommend a vwik= 0(drone Particular ordi mom
15 think we've got both things taken are of thee. l! 1 would bike to add that in the fume, if
16 1,45. sct=7z. certainly sounds like you do. 16 this owner or a future owner would 1-11, to nrbdivide
17 Thank you for darifybg that. Do you agree? . 17 the land further or Possibly apply for won Waeat
19 MIL SALM tt: Yes. IS type of zoning or speafie the PUMA that would alias a
19 sm scKEm with that, is there any tatter 19 more intense or a higher trafre geoeror type Of use,
20 questions? Soc4 oooe, a motion has been made and 20 we would have the ability to require them to do
21 s wooded, All in favor, peace signify by raising your 21 peimeter paving or, at {nut, Dim would bave to addrea
22 right hand. Motions Carries Unanimously, 6-0. 22 the Issue again
23 item Number 3, the 19.796 acre tract 23 So I don't want anyone to fed liloe, you
24 located on the south side of Pmkms Page Road nest of 24 know, we ate kiting this to by and we are not going to
25 Intastate 35. Item A, consider exaction variances of 23 be able to we it again U they decide to ebange the
page l0 Page 12
1 the Cole of Ordinang es from Section 34-114-5 relating to 1 tae. We'll be probably back hem sgaio with the pone
2 per meta paving and Section 34.114.17 mW4 to 2 lm)es. I'll be glad to a0swa any questions you might
3 sidewalks. And this evening Mr. Salmon will give us 3 have about this.
4 further information. 4 M5. "ER7Z would your last regtseat need
5 MR SALMON: thank you. Madam Chair. 3 to be made put of our motion or would it just be
6 Mernben of the Commission, Mr. P-dward Kam is the owns 6 umdastood?
7 of the rabject property located on Pockrus Page Road 7 Met SALMON: t don't believe so. 1 think
s just to the eau of 1.35. I spol4ae the location tnaP g the w&naoces we have in place will allow m to bring
9 isa littlebit small. But it'sjust after you past the 9 this back to you if they propose anything diNaeat
i0 railroad tracks in the mobile borne park an the South 10 Ms. xmER715 Okay. Thank you. Any alter
11 side of Pockrus Page Road 11 tImatiom? Thank you If there are no further
12 Two varl have been applied for. One is 12 questiom I'd entertain a awdoa at this time.
• t I3 an ordinance conoensing perimexer street Pfi ft The 13 MS. pABUm Madam (]Hair, I move that
14 other ordinance Is the sidewalk ordinsom The 14 vriaoas of Sections 34.114.3, perimeter street Paving i
13 applicant is proposing to divide his 10 pew sera Into 15 sod Section 34-114-17, sidewalks be reeaauneoded to City
16 two Iota. 16 Comcil as the required improvements are not
17 Ore lot is one acre located up here in the 17 proportional to the proposed development
I I northwest corns and the remainder of the Voperty Will I I OOt7RDtE: Soeood
• 19 be one lot So you will have two lots. The property is 19 Mi SWEATZ• Any diseunka? SWIM Moe, ~ • •
20 ==ay zoned agriculture. With that type of zoning, 20 all in favor, please raise your right band Motion
21 the proposed uses are very limited and most of the tract, 2 t cAnW troaalmowly. 7-0.
22 it not all of OWN are relatively low ralTtc tl B, consider the pe dimtnary Plat of Lots 1
23 geoaators, 23 and 2, Block 1 of the Ygnu B Aft
24 So with that in min4 and knowing, of 24 M3. MTDA M: well, actually, this lemon
15 cause, that one of the lots, the one acre lot already 25 would have been 00 the Consent Agenda with all of 04
Planning and Zoning Mooing, September 24, 1997 Par 9 - page 12
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I Others, if it was not for the variance. As Mr. Salmon l allowed by law.
2 stated, this property is for single family use 93 Well 2 And at this tine, I'd like to open the I
3 as agricultural use. The property is cufrently zoned 3 public baring.
4 agricaltura7 and, of course, any use that is not 4 M& BATEMAN; Madam Bair, members of the
s pamitted within the Agricultural District would need to s Commission, this tract of land, l believe, you saw at
6 tome back to you for a rezoning if someone chose to use 6 * previous meeting. It war a variant request that
7 that property for an alternate use. 7 was brought before you. This evening is both the
s Public improvements that are going to be s preliminary mod final plat of a little lea than a half
9 needed to support this development will include the 9 ram. The property is zoned Single Family 7. The alma
10 extension of water and sewer lines as well as the 10 is requesting to divide the property in order to sale
11 installation of fire hydrant. My recommendation I I off a portion of iL
12 staff does recommend appeaval. 1 would like to request 12 As a result, it's considered a replat and
13 that you slightly change yore motion to approve it 13 Rate Law requires that we notify property Owners
14 conditioned on City Council approving the vuiaaoa. If 14 touted within the subdivision within 200 fat as well
15 they don't, then I rcoornmead they m ne the 15 as to bold a public hearing. I've passed around notices
16 preliminary come bent showing the sidewalks and 16 that were returned. We sent out l 1 notion 90 property
17 perimeter paving. 17 0wnem We roxivW dune reply farms In favor. Zero
Is m& scKuTz. Thank you is in opposition.
19 MA POWELU Madam Chairman, I would move 19 City coined Considered the variance Wt
20 that we approve the preliminary plats of Lot I and 2. 20 night. This is a partial report on your Watt Awada
21 Block I of the Kenas Adduiots subject to City C mcil 21 Item. City Council considered the variance request Iasi
22 approving the paving and si&walk variances. 22 night and approved iL And, therefore, the plats are
23 M& sCHERT2: Think you. 23 being &-aught to you this cming. You considered this,
24 M5. APPLE: second. 24 like I said, doe varisnca 00 Septanber 10th and as the
25 sus scHERrL. Any discussion? Seeing none, 23 City Council approved the variance, staff does reco0unead
Page 14 Page 16
1 all in favor, please Mix your right hand Motion t approval of both the preliminary and final replats
2 carrier unanimously, 7-0. 2 plats.
3 Item Nnmber 4, hold a public hearing and 3 Ms. SCNExm Thank you. Am them any
4 consider approval of the prelintinary and final plat of 4 quesume Seeing none, is the petitioner here and
S Lots 2A-I and 2A-2, Block 1 of the T.N. Skiles Addition $ would he like to address the podium? PSCM give your
6 being a replat of Lot 2A, Block I of the T.N. Ski1a 6 name and address.
7 Addition, The.499 acre tract is located on the south 7 Ma xwEs: jay Jones, 321 Sunset Drive,
s side of Sunset Drive west of Bolivar Surat. And at s Denton. Just be happy to answer any questions anybody
9 this time I will read the procedure for public hearing 9 might have and respectfully ask you-all to Cop me this
10 for the Planning and Zoning Comm ssioa. to a I an get on with things.
I I One, the Chair opens the public bearing. Two, I I Ms. scHEmTZ Thank you. Are there may
12 the staff reads the petition, gives Its report and makes 12 questions? 1 believe we addressed oleo lad time
• 13 its recommendation Three, the petitioner is granted 13 7h%nk you. Is tbere anyone else to speak In favor?
14 tea minutes to speak to the petition. Persons in favor 14 Anyone elm to speak in favor? Is there moyooe to spilt r
15 of the petition are each granted rive minutes to speak. IS in opposition? Anyone to speak in opposidoOT I would
!6 Persons in opposition to the petition are each granted 16 ask the petitioner if he has any final ranwW
l7 five minutes to speak. 7be petitioner Is allowed five 17 MIL 20NFS: No.
is minutes to speak in mNxuL The Chair closes the is M3. SCHEM Thank you. I Will then Close
• 19 public hearing. The staff presents final rertwiLs. Any 19 the public hearing mod ask Riff if they have any final
20 speaker may be allowed &Mti*rW time to speak by vote 4 rtrrtli • •
21 of three t embers of the Comadsslo0. Each speaka should 21 MS. BATEMAN: No.
22 concern himself or herself with presenting new 22 M& sajuTz. Thank year- At this time, 1
23 Information not given by ptcvious speakers and 23 will entertain a mcdoa.
24 Cammissioren may ask questions of anyone and call 00 24 Its. Amt 1 move to approve the
25 the staff at anytime and may adjourn to close aeasio0 as 23 preliminary and final plats of Lots 2A-1 and ZA•2, Block
Planning and Zoning Mating, September 24, 1997 Page 13 - Page 16
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Apendi Na.~~~
Apenda Item ~ -
Date
ORDINANCE NO.
f
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for
the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described proposals are the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted therefor, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or 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 "Proposals" attached hereto, are hereby accepted and
approved as being the best responsible proposal for such items:
RFSP ITEM
NUNIBER 140. VENDOR AMOUNT
2076 ALL Dunkin, Sims, Stoffels, Inc. 545,875,00
SECTION U. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
• and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified stuns contained in the Invitations,
Proposals, and related documents.
SECTION W. That should the City and personas submitting approved and accepted items and i
of the submitted proposals wish to enter into a formal written agreement as a result of the • •
• acceptance, approval, and awarding of the proposal, the City Manager or his designated
representative is hereby authorized to execute the written contract which shall be attached hereto;
pro%ided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Proposal and related documents herein
approved and accepted.
1
SECTI0*1IV. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved proposal or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTIONN. 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 FORJd:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
f• - 1,4
2
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DATE: OCTOBER 21, 1997
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: RFSP N 2076 - DENIA PARK RENOVATION PHASE 11
RECOMMENDATION: We recommend RFSP 112076 - Denis Park Renovation Phase 11 be awarded to
Dunkin, Sims, Stoffels, Inc. in a not to exceed amount of 545,875.00.
SUMMARY: This contract for professional services is primarily to supply basic design services,
topographical survey and a geotechmcal survey of Denis Park. The project more specifically includes
updating the master plan, design development, construction documents bid administration and construction
administration for a 25 acre lighted athletic park site. The athletic park will include a tournament - quality
softball oompLex, along with concession and restroom facilities, open space area, picnic arcs and shelter, play
ground location, recreation programming, landscaping and entry elements.
The facilities are scheduled for completion in the fall of 1998.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Programs and Park and
Recreation Department.
.
FISCAL IMPACT: Funds for this professional service are available from 1997.99 C.I.P. Bond Program.
Attachments: List of Respondents
Respectfully submitted:
a
Assistant .ity Manager of Finance
Approved:
;r
Name: Tom 1). Shaw, U.P.M.
Title: Purchasing Agent
999. AGENDA - ti • •
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RFSP N 1076
DENIA PARK RENOVATION, PHASE II
4
FIRMS SUBMITTING PROPOSALS t
Dunkin, Sims & Stooffels
Dallas, Tom
SArkket Rollins and Aswista
ArfhWoe, Teens
t
T&MY - Dawson
Dallas, Tows
Carter - Bsrgm
Ft. Worth, Texas
Ford Powdl & Carson line.
Sara Antonio, Teas
Mess Groap
Dallas, Tern
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Agan+de No a i-
Agenda Item=--
Date
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE i
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 Manageror 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
2103 DBR CONSTRUCTION $193,875.00
SECTION 11, That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply With
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and famishing of performance and payment bonds. and insurance certificate after
notification of the award of the bid.
SECTION III, That the City Manager is hereby authorized to execute all necessarywritten
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms.
conditions, plans and specifications, standards, quantities and specified sums contained therein.
1
SEcuoN lY. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public woks 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.
SECTIQM Y. That this ordinance shall become effective immediately upon its passage and
appro"+l.
PASSED AND APPROVED this the day of _-----,1997.
JACK MILLER, MAYOR
E '
ATTEST: r
JENNIFER WALTERS, CITY SECRETARY i
i
BY:. -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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DATE: OCTOBER 21, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID # 2103 - LOWER PEC4 CHANNEL IMPROVEMENTS
RECOMMENDATION: We recommend this bid be awarded to the single bidder, DBR Construction in
the amount of $193,875.00 with completion by January 16, 1998.
SUMMARY: This bid is for the furnishing of all materials, labor, tools and equipment necessary for the
construction of improvements to the drainage channel extending from Bradshaw Street Oust south of Prairie
Stmt), east and north to the confluence with Pecan Creek. This section of drainage channel is referred to as
Lower PECA or Pecan Creek Tributary N 4. This particular drainage i nprovemem pro ect is the last in a
series of improvemen u to help alleviate the Robertson Street drainage problems associs with Pecan Creek
Drainage. These specific actions are necessary to comply with Corps of Engineers requirements.
The project consist of pi barrier gates, grading, stone transition, concrete channel Iinirrg, protective fencing,
erosion controls and hydromulching of exposed areas. r
.
The project was designed by Teague Nall and Perkins under the guidance of City of Denton Staff.
Bid notices were sent to 64ospective bidders and only one resppoonse was received. The project must be
completed by January 16, 1998 or the 404 Permit required by the U.S. Corp of Engineers will expire.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Citizem in the general project location
area. City of Denton Engineering Staff.
FISCAL IMPACT: Funds for this project will come from the 1997.98 C.I.P. program. Project # 81084,
Pecan Creek Tributary Improvements (PEC-4).
Attachments: Tabulation Shat
Memo from David Salmon, Engineering Administrator
Letter date 9-27-97 from Teague Null & Perkins
Respectfully submitted:
' 0 s5~
Kati
AssistanIC, Mariam of Finance
Approved:
li
Name: Tom aw,
Title: Purchasing Agent
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BID N 2103
BID NAME LOWER PEC4 ORR
,
CHANNELIMPROVEMENTS
OPEN DATE SEPTEMBER 25, 1997
DESCRIPTION VENDOR VENDOR
1. IS BASE BID $193,875.00
BID BOND YES
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DATE: September 30, 1997
TO: Tom Shaw, Purchasing Agent
FROM: David Salmon, Engineering Administrator
SUBJECT: Bid for Lower PEC-4 Channel Improvements
Bids were opened on the above mentioned project on September 2S,
1997. DBR Construction was the only bidder. Their bid was
$193,875.00.
This project was designed for the City by Teague, Nall and
Perkins Consulting Engineers. They estimated the project would
cost $196,909 which is within 1.S* of the bid (letter from
Teague, Nall and Perkins attached). As explained in their
letter, the City has a short time frame to complete this project
due to the expiration of the 404 permit required by the U.S.
Corps of Engineers, we have spoken with the contractor and it is
his intention to complete the project by the January 16, 1998
deadline barring unforeseen, uncontrollable circumstances,
DBR Construction has performed many similar projects for the city k
of Denton in the past with satisfactory results.
Jerry and I both concur with the consultant that this bid should
be awarded to DBR Construction. Please schedule this bid for the
October 21st ity Council meeting.
av a n, .E.
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AEE00936
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TEAGUE NALL AND PERKINS
C O M I Q L r I M A I M O I M I I I I
Sept. 29. 1997
Mr. Itrry Clark. P.E.
Dktx:sor of and TMNPWjam Dept
City of Dmm
city wit west
221 N. Elnt St
Damn, TX 76206
AL Laver IRcJ Camay. Coat End mfr
TNP NO. Dl N"m
Dear IsM;
Aftedod pleas fLd our tevMed Opinion of Ptobabfe COL, which: P 0 beta nett price dap
ftom severtl {adepeadettt nocaoss, I hire computed it lo tbt bid privet vAndmd by M
COW vedm Aa you can see, the bid prise m odmd loofa teasoosbk. I would =may not
tare - IJli comindeacy at dpi, MW of the puojeet, bat Stm the ply baevy waft load of
r 7.4 oontecoIf - ad the tilt oorttucdaa schedaia te•Lieed, I did Oct Seel oomtbtts* in
' se uft these actor, bt my other way. It
M you ate aware, do* oo~rpfstin Of"pojeet M 41009W under the terms of the Copt of
604 PcCMIL To dw 13ea4al Prvrisioos Of dsa bid doottmLaes, pep G-2. tits two
al
be will loted for e
cooftetion is addttaaed. I supper do you moat wfth the aorteacmI ad emote drat to am ooaepiaioa date 60*a t6aeeio. "blab is Imuty 16, 1996. 7W dodn=
mnL talcs peaadaax om the watfdop days sttbmind lama contractor's bid.
while we would obviot* pe•nred tldkional bidders, t feel that the rs -r abds bid price aad
dte tilt sebedule rogairad do not 1w' baft the projm spi&
Feel free to all if You bays ay goaitlons, or if you new fttt6er ioionmadm
slay,
TEAGM NAM AND , MC.
OLY:Sr Gary L. Vielcery, P.E. No. 72626
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ME MALL Alta PE>itKM
TMSMQ0 M
OPINION Of PROBABLE COST
OWNER: Cky of Denton PAGE 1 of 1 i
PROJECT. Lower PEC4 Channel Imprnvemw t DATE: W241B7 !
PROJECT O 125
ITEM WT
NO. DESCRIPTION OF ITEMS OTY UNIT PRICE COST
1 Prs w ft Ris "-way 1 Ls 13,200.00 13200
2 UncL Chem W Ex=vsdm 27300 CY 4.00 10>i2o0
3 Ember*mw t 10000 EA 126 12600
4 Concerts Aoosss Ramp 1 LS 8,000.00 x000
5 Flemble Bare (Crushed Stone) 70 SY 7.60 625
a Pipe Berner owe 1 LS 600.00 aoo
7 Erosion C hills 1 Ls 1,600.oo 1600
8 Mydmmuk r 32000 Ls 0.50 fa000
8 Rai"" E Sentry sewn 1 LS 3,000.00 3000
10 cw*aftea wrrraron 3 tindatbt o*w 1 LS 61600.00 6600
11 "*=do, Detours i W&r*V ft s 1 LS I'moo loon
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COff 17
US 1611
EVIEWO 3 APPROVED:
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Agenda Nis,..
Apendlltem
Date j
DATE: OCTOBER 21, 1997
CITY COUNCIL. REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: BID N 2071- DEPOSITORY AGREEMENT
RECOMMENDATION: Staff recommends this bid be awarded to the lowest bidder, Texas Bank, as listed
on Exhibit A attached to the ordinance, The estimated annualized amount is S 38,503.00 per year. Investment t
Committee recommends approval.
SIJM,NjARY: This bid is to acquire a bank depository for public funds from eligible financial institutions. The
agreement will not cover any investment transaction activities othor than safekeeping services and possible
purchase of certificates of deposit wnhm a prodefined limit The City plans to manage its own investment portfolio.
The contract period will be for two years beginning December 1, 1997 and ending November 30, 1999. The
primary objectives of the depository agreement are.
• To employ a Bank that is both capable of providing banking services and willing to be attentive
to the City's money matters;
• To maximize the total dollars earned by the City on invested monies in order to be prudent and
effective custodians of the taxpayers' financial resources;
• To maintain a good working relationship with the depository Bank; and
• To adequately compensate the depository Bank for services provided to the City and to allow
a reasonable profit to be earned, subject to competitive forces in the marketplace.
• To fully comply with the requirements of Texas Local Govemment Code Chapter 105, as
amended, and Chapter 252 as amended,
Exhibit A (the tabulation sheet) 61wates the specific services and the amount charged for each service. The actual
usage of the individual services will vary creating a variance in the annual total expenditure. This will reflect a
substantial amount of savings for the City.
This is the first time in several years that competition has presented itself for the bank depository bid. The
changing of accounts is a sig~ficant action and a very complete evaluation has been performed prior to presenting
our recommendation to Council First State Bank has extended the current contract for 60 days while the
+
evaluation was conpLeted and while the transition is in process. The costs involved in changing bank accounts has
also been considered They include acquiring dicks, ed it slips, eridorsemeot stamps, lockable bags; staff time ~
involved in reconciling new accounts at two banks during the transition; and, coordinating all couner services.
A presentation has been made to the Investment Committee and they concur with this recommendation
Bids were solicited from all local banks. i
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PROGRAMS DEPARTMEM OILGR _ES AFFECTED; Finance Department, Treasury Division
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CITY COUNCII. REPORT
OCTOBER 7, 1997
PAGE 2 OF 2
FISCAL IMPACT: Payments of depository agreement charges will be taken from budget funds in the
Treasury Division account # 100-042-024M•8933,
Attachments: Tabulation Sheet
Contract
Pledge Agreement
Proposal
Respectfully submitted:
Kathy 0
Assistant City Manager of UWWe
Approved:
f_
Name: om Shaw,
Title: Purchasing Agent
943.AGENDA
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EXHIBIT A
COMPARISON OF ITEMIZED FEES
Based on H4hesf Possible Vokmv*
Mouthy Service Fee Monthly Fee Service Fee Monthly Fee Service Fee MonlMy Fee
Description of Service Volume TexaO.44 - _TexasBank_ First$l ate FWMS(ate Bank Me -Bank one
Account Maintenance 16 55.00 __580.00 __310.00 5160.00 55.00 s80 00
Bank Slatemenl original 16 0 Oi 0.00 0.00 0.00 0,00 0 00
Balance inquiries by phone 20 - - 0.00 A00 - - 0.00 __.___0.00 0.00 000
Balance Reporting (16 accts) 20 Fret F _ 50,00 0.00 0.00 5.00 100.00
-
Deposit tickets 80 1),10 800 ___6b4 0.20 16.00 0.08 6 40
Items deposited 25000 0.03 625.00 1,000.00 0.00 0.00
Checks paid 3500 - 0.06 192.50 _ 0,00 0.00 - 008 280.00
payrop checks 1700 0,06 93.50 0.11 187.00 0.08 136.00
General disbursement cks 1800 0.06 99.00 0.11 198.00 0.08 144.00
Other debit postings 50 0.06 215 0.11 5.50 008 4.00
Me services: 60 0.00 6.00 6.66 6.00 0.00 0.00
Incoming transfers 20 0.00 000 500 100.00 -450 90.00
Outgoing transfers: 40 - _ 5,00 _200.00 8.50 -340.00 0.00 - 0.00 `
Repetitive by corputer _ 25 5.00 125.00 8.50 212.50 3.00 75.00
Repetitive by phone 5 5.00 25.00 --12.50 _62,50 - 5.00 25.00
Free-form by computer - 5 5.00 25.00 8.50 42.50 4.00 -20.00
Free-form by phone 5 5.00 2.500 12.50 62.50 6,00 30.00
ACH transfers 15 0,06 0.83 0,00 0,00 0.06 0.90
Stop payment requests 5 i0.00 --50.00 - -15.00 _ _75,00 6,00 0,00
Written requests _ 3 16.66 3000 215.00 60.00 300 9.00
_ _ __.00 2.00
Automated by terminal - 2 5.00 10.00 _ 15.00 30 4.00
Coin wrappers 5 boxes 6.60 000 000 15.00 000 0.00
Deposit slips printed 130 books -0.00 006 6.00 0.00 522:7518 2,857.50
34 per book '130 bks _.___4420 0_._10 44200 $20 per 412.00 000 0.00
l
large vault cash bags 3 0,00 000 __2f.56 6.00 _ 000 0.00
• Plastic drawstring check bags 35 0.00 000 ---7.53 000 0,00
Safe Research sit box 1 0.66 - 0,00 --0.00 0,00 _--0.00 _ 0.00
chours (hms) 4 000 -----10-0'. 00 0.00 0,00
0.00 0.00 0.00 6.00 - 0.00
Cos! of coHaleral pledged
' As Provided rn RFP
REVISED.WK4 10M7/97,03,17 PM
x.,
EXHIINT A
COMPARISON OF ITEMIZED FEES
Besed on HWWf Possible Voltune'
s, r T 6 , MonthIly Service Fee Monlh?y Fee Service Fee Monthly Fee Service Fee Monthly Fee
scnptron of Ser"ce. _ Voh"A TexesBank TsxaaBnnk_ FireState . Fkst$fale Bann One Bank One
Avg $300,000 with 16 accounts 54,800,000 0.00 0.00 OAO 0.00 0 00 0.00
Zero balance automatic transfer 9 accounts 0,00 000 0.00 0.00 0.00 0.00
Return items 50 - 2,50 ---425.00 _ 100 160.00 - 1.00 50.00
Return items redeared _ ____120 _ _ f.00 f20.00 0.00 0.00 050 60.00
Return items telephone advice 2 0.00 0,00 0.00 0.00 0.50 4.00
FDIC insurance 16 0.00 0.00 0.00 0.00 0.00 000
Securities clring & safekeeping:
Maintenance 1 0.00 0.00 0.00 0.00 0.00 0.00
Receipts deposited i3 10.00 130.00 20.00 260.00 25.00 325.00
Receipts withdrawal _ 12 10:00 120.00 20.00 240.00 25.00 300.00
Coupon collections 2 10.00 -2000 --0-b0- 10.00 20.00 15.00 3_000
Safekeeping of assets $90,000,000 0.00 000 270.00 0.00 - 0.00
PER RECEIPT 0.00 0.00 0.60 0.00 0.00 0.00
Book entry security transfers 8 15.00 120.00 25.00 200.00 2.00 116.00
ALMconlirrnations 1 _-__--0.00 -_-Q00 - -0.00 0.00 0.0o _ _..0.00
Direct Deposit srves-employees: - -
- - - - -
Tape charge __30.0 -25,00 ---50:00 5.00 10.00
'modem charge $10 each = $20 2 0.00 0.00 0.00 _ 0.00 _ _..000 0.00
ACH settlement 2 0.00 0.00 0.00 0.00 0.00 0.00
• Stop payment 1 0.00 0.00 000 0.00 20.00 20.00
CredWT)eb4l posting 1 1900 0.04 76.00 0.06 152.00 0.06 114 00
Cash Managemenl System 1 50.00 5.0.00 _ 50.00 50.00 530.56
Other charges - W -----w. - _ W ADDttt ADDITI
Controlled Disbursement 1800 0.13 234.00 w w 0.08 $44.00
Flat Pee 100.00 100.00 'U W 20:00 20.00
Total !3,208.58$+r.41$3.43 - ~5,tfa236
' As provided in RFP
"Based on eshmated Volume per dam
REVISED.WK4 10107197;0317 PM
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING A
DEPOSITORY FOR CITY FUNDS FOR A TERM BEGINNING DECEMBER 1, 1997 AND
ENDING NOVEMBER 30, 1999; AUTHORIZING THE MAYOR TO EXECUTE A
DEPOSITORY CONTRACT WITH TEXAS BANK AS THE PRIMARY DEPOSITORY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has notified all the banking institutions within the City of
its intent to receive bid applications for the custody of City funds for a term beginning October 1,
1997, and ending on September 30, 1999 in accordance with the requirements of Section
105.012 of the Local Government Code; and
WHEREAS, the City of Denson has received a bid application
and payroll accounts tend
desiring to be designated as the primary depository for both operations
standard banking services as requested in the proposal; and
bid
WHEREAS, after such opening, the City Council cfounthe d,
mon the ost faba able tams and
application, that Texas Bank has submitted the application
conditions to the City for the handling of such funds; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
ULUQhu. That Texas Bank is hereby selected a designated a he primary
ry
beginning 1,
depository for operations and payroll accounts and banking services
1997, and ending November 30, 1999. The Mayor, or in his absence, the Mayor Pro Tem, is
authorized to execute a depository contract with Texas Bank.
SECTION H. That the contract with said depository having its office and place of
business in the City of Denton, Texas, shall be attached hereto and made a part hereof, and the
same is hereby in all things accepted.
S ;ON [l. That the following officials, Ted Benavides, City Manage; Rick Svehla.
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Deputy City Manager, Kathy DuBose, Assistant City Manager for Finance; and Diana Ortiz,
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Director of Fiscal Operations, are hereby authorized to transact business with the above listed
institutions regarding daily banking transactions, or investments for the City of Denton.
SF.CIMM That the City Manager is authorized to make the cxpendtture of funds and
fees as indicated in the attached contracts and proposals.
That this ordinance shall become effective immediately upon its passage
ELCJLQN~V • • •
and approval.
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PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUCY, CITY ATTORNEY
BY:/' 414 Q •
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DEPOSITORY CONTRACT
STATE OF TEXAS §
COUNTY OF DENTON §
ARTICLE I.
Texas Bank, hereinafter refaced to as "Depository" at 729 Ft. Worth Drive, Denton, Denton
County, Texas 76201, a bank located in the State of Texas and the deposits of which are insured
by the Federal Deposit Insurance Corporation, was duly selected in compliance with the terms
and provisions of Tex. Loc. Govt. Code §131.903 and Tex. Tax Code 6.09, by the City Council
of the City of Denton located in Denton County, Texas hereinafter referred to as "City" to serve
as the depository of the funds of City. The anion of the City Council was duly taken and the
Depository is to serve pursuant to this contract for a period of two years, beginning December 1,
1997 and ending November 3D, 1999, and until its successor shall have been duly selected and
qualified thereafter, unless sooner terminated by Depository's failure to adhere to all
requirements of this contract.
ARTICLE II-
A- The Depository shall pledge to the City and deposit in safekeeping and trust with
another bank acceptable to the City approved securities as defined or referred to in Texas Local
Government Code 105.031 and the Collateral for Public Funds Ace, Chapter Act, Chapter 2257
of the Texas Government Code, in an amount of market value sufficiently adequate to prottxt all
funds of City on deposit with Depository during the terms of this contract, but not less than that
required by Chapter 105 of the Texas Local Government Code, §2257.022 of the Texas
Government Code, the City's investment Polity, and all other applicable laws and Depository
shall execute the Depository Pledge Agreement attached to this contract as Exhibit "A" and
made a part hereof as if written word for word hoxein. All deposits, including accrued irttetest,
are to be fully collateralized in accordance with the above tams. Depository will be responsible
for determining daily if the collateral is sufficient in accordance with this contract, the
Depositories for Municipal Funds Act, the Collateral for Public Funds Act and all other laws.
Pledged securities will be listed as an addendum to the Depository Contract in Exhibit "A".
Pledged securities will be held by the Federal Reserve Bank in joint custody with the City and
the Depository. Provided further that:
• 1. The approved securities shall be of the kind defined or referred to i,i, Texas I Cc.al
Government Code 105.031 and acceptable to the City, and the amount pledged shall be in a total J
market value as directed at any time by the City Council in accordance with standards acceptable
to the City Council and as required by applicable laws.
2. The conditions of the pledge of approved securities required by this contract are that t
• the Depository shall credit the account(s) of City with the. full amount or all State of Tams • •
Warrants presented to Depository for the account of the City no later than the banking day next
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following the day of Depository's receipt of such warrants; that Depository shall faithfully
perform all duties and obligations devolving upon Depository by law and this contract, including
specifically the duty to collect with diligence checks, drafts, and demands for money deposited
with Depository; pay upon prmntation all checks or drafts drawn on order of the City in
accordance with its orders duty entered according to the laws of Texas; pay any time deposit or
certificate of deposit of City in Depository upon maturity or aAer the period of notice required,
and faithfully keep, account for as required by law; and faithfully pay over, at maturity or on
demand, as City may elect, to any successor depository all balances of funds the City then has on
deposit with Depository.
3. The pledge of approved securities required by this contract shall be a continuing
pledge, ceasing only upon the later of the termination of this contract or the fulfillment by
Depository of all of its duties and obligation arising out of this contract, (and a continuing
security interest in favor of City shall attach immediately upon any such pledge to all proceeds of
sale and to all substitutions, replacements, and exchanges of such securities, and in no event shall
such continuing security interest be voided by any act of Depository); but notwithstanding the
foregoing Depository shall have the right, with the consent City, to purchase and sell and
substitute or replace, any and all of the approved securities pledged pursuant to this contract with
other approved securities, provided that all of the other conditions of this contract: are adherA to
by Depository, and such pledge shall be in addition to all other remedies available in law to City.
4. This contract shall become binding upon City and Depository only upon approval by
the City Council of the contract and the proposal attached hereto. To the extent of conflict, if
any there be, between this contract and the proposal, the terms of this contract shall control.
5. Upon execution, Depository shall immediately furnish or cute to be famished to City
original and valid safekeeping or trust receipts issued by the bank holding the approved securities
pledged pursuant to this contract, marked by the holding bank on thew face to show the pledge
and market value as required above, and City shall promptly furnish two executed copies of this
contract, photocopies of all such receipts, and photocopies of new receipts for substitutions and
additions and written notice of deletion, when made, to Depository.
6. On the execution date of this Depository Contract the depository bank agrees to
pledge an amount that is equal to funds anticipated to be on deposit from day to day.
7. Any closing or failure of Depository, or any event deemed by City to constitute a
closing or failure of Depository, shall be deemed to have vested full title to all approved
securities pledged pursuant to this Depository Contract in City, and City is hereby empowered to
take possession of and sell any and all of such pledged approved securities, to the extent not
forbidden by law, whether in safekeeping at another bank or in possession of City, and City is
specifically so empowered by Depository.
8. Depository agrees that it will act, and the City hereby designates Depository as its
primary depository, with both parties agreeing that all funds herein shall be deposited and ' •
• invested in compliance with all applicable local, state, and federal laws including, but not limited
to, the Depository for Municipal Funds Act. Chapter 105, §105.001-105.092 of the Tern f
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Government Code(V.A.T.C.S.); the Collateral for Public Funds Act. Chapter 2257, §2257.001-
2257,083 of the Texas Government Code (V.A.T.C.S.); the Public Funds Investment Act,
Chapter 2256, §2256.001-2256.104 of the Texas Government Code (V.A.T.C.S.); the City
Charter and Code of Ordinances of the City of Denton. Texas as amended; and the Investment
Policy adopted by the City. It is also the intention of the pasties hereto, in conformance with the
above-mentioned laws, that the City shall remain at maximum flexibility to invest its fitness
prudently to earn the highest rate of return consistent with the City's Investment Policy and all
other applicable requirements of the law.
9. Depository shall, in return for the City depositing its funds in the Depository, provide
professional banking services as an independent contractor for the charges as set forth in the
Depository's proposal dated August 25, 1997, which proposal is attached hereto as Exhibit "B"
and made a part of this contract for all purposes.
10. Depository shall perform all those banking services set forth in Exhibit "A"; its
proposal attached hereto u Exhibit "B"; the Bid 02071 - Request for Application for Bank
Depository, which is attached hereto as Flit "C" and made a part of this cartract for all
purposes; and Exhibit "D", Cash Management Contract, which is also attacked hereto v A made
a par hereof for all pusposa. in case of conflicts between this depository contract and the
aforementioned exhibits or in case of a conflict between such exhibits, the eoaflict will be
resolved as follows: First, this depository contract controls over all exhibits; second, Exhibit "A"
controls over Exhibits "B", "C", and "D"; third, Exhibit "C" controls over Exhibits "B" and "D";
and fourth, Exhibit "D" controls over Exhibit "B".
ARTICLE M.
Subsequent to the execution due of this contract, should the amount of deposit exceed that which
is initially pledged, said amount will be increased, and the safekeeping receipts of the additional
securities will be provided in accordance with Paragraph A(5) of Article 11 herein.
ARTICLE TV.
This contract shall be non-exclusive and the City reserves the right to designate secondary or
additional depositories and to, if necessary, enter into Depository Agreements for other City
funds with other banks in Denton County or adjacent counties whenever the interests of the City
may demand. The City also reserves the right to contract with other financial institutions under
separate contract if the City determines that additional financial services are necessary in the
• administration, collection, investment, and/or transfer of municipal funds.
ARTICLE V. 1
Depository and its officers and employees performing services hereunder agree that in the
performance of these professional services, they shall be responsible to the level of competency
and shall use the same degree of skill and cue as presently maintained by other practicing • •
• professionals performing the same or similar types of work in the State of Texas.
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ARTICLE VI.
Depository shall indemnify and hold harmless the City, its officers, agents, and employees from
loss, damage, liability, or expenses on account of any claims, damages, or injuries, whatsoever to
all persons including employees of Depository and City, which may arise from any negligence,
error, or omission in the performance of this cataract on the part of Depository or any breach of
their obligations or duties under this contract, and shall defend, at its own expense, any suits or
other proceedings brought against the City, its officers, agents, and employees, and shall pay any
expenses to satisfy all judgments which may be incurred or rendered against them or the City.
ARTICLE VII.
All exhibits attached to this contract are considered to be integral parts of same, and Depository
will fully comply with the terms and conditions of same.
ARTICLE Viii.
For purposes of determining venue and the law governing this contract, services performed under
this contract are performed in the City and County of Denton, Texas. Any dispute regarding this
contract shall be decided and settled in a court of competent jurisdiction sitting in Deacon
County, Texas.
ARTICLE EX
This contract may be executed in any number of counterparts, and each such counterpart shall be
deemed for all purposes to have the same effect as if all parties to this contract had signed one
and the same signature page of this contract
ARTICLE X
The City and Depository shall, as a matter of right without necessity of default on the part of
City or Depository, terminate this contract at any time by giving the City or Depository,,
terminate this contract at any time by giving the City or Depository ninety (90) days prior notice
in writing. Should Depository default in any of its obligations to City under this contract, City
shall give Depository notice of default in writing, and Depository shad have thirty (30) days
from receipt of the notice to correct the default. If Depository fails to remedy default within this
• time, City, at its sole option, may cancel this contract and Depository shall be fully responsible to
pay City any and all damages caused by its default. Depository shall be paid for all services
satisfactorily performed in accordance with this contract up to date of any termination hereunder.
Depository's filing of a petition in bankruptcy or being declared insolvent by a federal bank
regulatory agency shall be considered a material breach of this contract. Nothing herein shall !
deprive City of any other remedies in law and equity to enforce the terms, conditions, and
obligations of this contract including, but not limited to, instituting suit for damages or, in the
• alternative, specific performance of this contract. • •
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ARTICLE XI.
All notices required under this contract must be given by certified mail or registered mail,
addressed to the proper parry, at the following addresses:
CITY: DEPOSITORY:
Ted Benavides, City Manager Texas Bank
City of Denton Catby Frazier
215 E. McKinney Assistant V,P. - Business Development
Denton, Texas 76201 729 Ft. Worth Drive
Denton. Texas 76201
Either party may change the address to which notice is sent by giving the other party notice of
the new address in the manner provided in this section.
ARTICLE XIL
Depository shall not assign any interest in this contract and shall not transfer any interest in this
contract (whether by assignmeM 00vati0n. or otherwise) without the prior written mum of the
City thereto.
ARTICLE XIIL
This contract shall be binding upon and enure to the effect of the parties hemo and tbek
respective heirs, executors, administrators, legal representatives, successors, and assigns where
permitted by this comracL
ARTICLE XIV.
This contract and the anachW exhibits constitute and express the entire agreement between the
parties and shall oot be amended or modified except by written instrument signed by both
parties.
ARTICLE XV.
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Depository hereby does represent to the City that its officer or officers who have executed this
• contract have full and complete capacity and authority to execute a binding Depository Contract
which is effective, for all purposes, as to all services to be provided and all terms and obligations y
under this contract. i
ARTICLE XVI.
This contract is executed by the City and the Depository in three copies, all of which shall be -
deemed originals. •
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AGREED AND ACCEPTED on beW of DeQository tlas the day of
1997.
CITY OF DENTON:
By: Date:
Nam (Print):
Title:
Address: City of Denton
215 E McKiaeev
Denton_ Texas 76241
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM CITY ATTORNEY
BY//4/c/~4~6 Gl bk~
TEXAS BANK:
By. C~- Due:
AUTHORIZED SIGNATURE
Name (Print): &W f N C 41 i GIL
0 Title: L'HIFF F4N*NC4^LQVPAVA,
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ORDINANCE EXHIBIT A
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EXHIBIT L
DEPOSITORY PLEDGE AGREEMENT
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DEPOSITORY PLEDGE AGREE AUNT Exhibit B
Wbtreas. City of Demon (hereinafter called 'Deposiw*) has selected bank
chartered by the Suu of Texas, (tereinafter called the 'Bank'), is a depositary for cenain of in ds in demand deposiu
and'or imerest-bearing time deposits entitled as follows:
Account Name (s) Type of Aecow Account
Number
Employee Claims Account Public Funds Checking
Operating Account Public Funds Checking
VdUry Sinking Fund Public Funds Checking
payroll Account Public Funds Checking
Rehabilitation Commission Public Funds Checking
Transportation Grant Public Funds Checking
CDBG Commercial Development
Block Grant Public Funds Checking
Control Concentration Public Funds NOW Chet: g
City of Demon Public Funds NOW Checking
CIoride Branch Public Funds Money Market
Security Account Public Funds Mowy Market
lm:ustrial Development
Authority Public Funds Checking
Demon Retirement & Nursing Center
Finance Authority public Funds QwJdng
Electric Distribution Public Funds Checking
Electric Meter Public Funds Checidag
and such Additional accounts u Depositor may from time to time designate, and the Banc desires to be she depositary of
such funds; and
WHEREAS. any and an cub balances in any funds deposised with the But =uu be continuously secured by a valid
pkdge to Depositor of certain seaurities the4 herein called do 'Approved Securities'). Approved Securities shall mean
all securities which under the laws of Use State olTexas. can be used to secure the deposits of Depositor. The sotgate
market value of the Approved Securities span be at an times be, exclusive of aconaed imerest, equal to or in excess of
the total funds of Depositor oa deposit with the Bank, to ape extent that said funds are not insured by the Federal Deposit
Insurance Corporation.
NOW. THEI-IJORE, for value received and in considetadoo of the mutual promises tad covenants herein
contained. Depositor and the Beak agree u follows:
• 1. Lepo-itor deposits shell be secur Q Banc here gain a security Interest to Depositor in an Approved
Sccuritics held in safekeeping u FU. fkAL" due 'Safekeeping (nsctution Except as provided
in paragraph 6 of such Approved Securities -ball be subjectoniy to the joint irsstructions of both (a) auamized
individuals appointed by Depositor, and (b) specifically authorized officen of the Banc. The Depositor shall
provide to the Bank wrinea notice and specirnest signatures of authorized representatives of Depositor on
Addendum A of this document for the purpose bereoC and thereafter written notice of she removal from or
addition to the existing names of such authorized representatives. The Bank shall provide to the Board of
Directors of Depositor or its authorized representative- wruun notice and specimen tignaores of authorized •
• officers of the Bank on Addendum B of this document for the purposes hereof. and thereafter wrine t notice of
addition to or removal from the existing list of name- of such officers. Addendum A and B are anuhed to and
made a pars of this agreement as if written word for word herein.
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2. The Beak may make additions. to or s ubsdmdons of Approved Securities Gum tune to time and may withdraw
excess Approved Securities, wins the uscum mad character of the new udlor remaining securities to be subject
so the approval of Depositor. If the Approved Securities, so proposed rot suhs»nnion are of the kind, character,
amount and value required by law, sorb sabsdostioe steal] he pmained. If approved, the sabstituted Approved
Securities sba11 thereafter be subject to all the term and cool dons of this. Pledge Agreement as ISrl1y as if
originally incorporated bertin.
3. Contemporaneously with the execution of this apesment and at the time of the substitution or reksse of any of
the Approved Securities, the Beak shall execute and &Ever to Depotimr a Menwraatiun dernbiag the
Approved Securities deposited to a withdrawn !`mm me securities held pursue rtt to this Agrmoeut.
4. The Bank shall nor be obligated to accept interest bearing dine deposits of Depositor in excess. of S20,000,000
(twenty million dollars), but may choose to accept such deposits at its discretion.
7. The Bank shall faithfully do Lad perform an of tie dudes and obligadoos required by the laws of the Sure of
Texas for depositories of Depositor, and shag upon presentation pay all cbKb draws oa it by the duly,
authorized representatives of Depositor against codaned fbads of Deposisor oo demand deposit. and abali at the
expiration of the term for which it has been chosen as depository of Depositor turn over to its successor all
funds, property sod things of valise cowing into its hands as depository.
6. Upon default of any of tie Bank'i oNigetioM bmvoderor Woe insolvency of the Bank or upon the appoinaaent
of a receiver of the Bank sad ter a^y rites Hereafter. Depositor may sell at public a private ask the Approved
Secur $es or any part thereof teed apply the proceeds of such ask to the sadsfictioo of soy fedebtedous caused
by virtue of Bald default. This right is in addidon to offer retnedies witch Deposinr may have under this
We. at std whiottt prejodke to in rights to mh aia any suit in any court for redress of injuries sustained
by the Depositor udder this Agrearosat.
7. The Safekeeping Insdtutioa named herein bertby agren to bold sip Approved Securities deposited with it
Puts= to the sums of this Agteenoeat and to deliver thew in accordance wuh the terms bereof. Additically.
Safekeeping Institution a;tees io serve ter collateral ageat for Depositor to the exteor necessary so allow Depositor
to perfect its security later ea granted berein in He Approved Securities.
8. Th s agreeme'ntmay be terminated by either the Bank, Deposiwt or the Safekeeping Insdnrdoo by giving thim.
(30) days prior written notice to the omen parties, by giving ratite w due following persons at the following
addresses:
Depositor:
Ciry of Demo, Texas
Teodoro Benavides, City histnger
215 Fast McKinney
Denton, Texas 76201
9. All applicabl±provisions and requiretntaaef the kws of the Sure of Texas governing depositories for Depositor
shall be a pan of this Agreement.
10. The validity. operttion, and performance of this Agreement 0W I be governed and controlled by the laws of the
Sure of Texas, and the tens.: and conditions of this Agreement shall be caueued snd ium pteted is accordance
with the laws of this Seam. Venue for any proceeding brought for any breach of this Agreement shad be in
Demon Cotuuy. Texas.
ATTEST:
DEPOSITOR:
BY: CITY OF DENTON, MAS
NAME: Jennifer Wulten
TITLE: City Secretary 8Y:
NAME: ack itkr ~
TITLE: 'Iiwmrl
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BANK:
ATTEST:
BA?fiC
BY:
NAME: - rcxAS 81+NK
A Bade Obmnad by W Stut of Texu
BY:
NAME:
TMX- G-Mia:f F,nArNU,tc O ItaC~
ATTEST:
eY: SAFEKEEPING INST TLMON:
NAME: _
A Bade Cbmwed by tba Sure of Texu
BY:
NAME:
TiT[E
APPROVED AS TO LEGAL FORM.
HERBERT C. PROUTY, CITY ATTORNEY
BY:
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ADDENDUM A
The Nbwm datpmd mvidtta4 stu mhorised tgmemum twoww b am=
a bank chuund by the Ste of Teas ('Stmt') tad (Idtkeepiai twdu tioo7 sslected
under Gem 1 of to Depository Ph* Atseemat fa Mard to coGwrW piedha, tdesa AM sebedvidoaa is the Joint
afekee M aecod. Sod P6 1M rdeasa, ad wbsu=M dhatl faibw pmce&ua on torso in Zbe Depodwy Pwsc
Ag emm.
Audwimd Of m's S(pum Name red Ttde
ACCEPTED:
NAME:
TITLE: .
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ADDENDUM B
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ba°k chartered by *A SON of Tear ('Bank' W rd hallo '
° rs U speci5cWy aom°riud m ieaance City of Dmm Mmosim and -&j _.I_ _
CSaa eepingwbrom d l se under Lda 10( 69 Dkdift mm
1 aafeteepiataccoumc•e ABrteaes m nerd m eoUaferal
a
sec forth is me Depository Pledp Aa"== pVdI rNcaw eed wbcmdom MW follow proctdum
Anulwrited OMcer'e Sip== Neese and Tick
_ tsw~t,.-.,Ck.~~- Crw~ Gutcu. C~riEC ~',H~ua~~c, Oc~cet
_ LYrf ~AUCtea~. UI C E PaESi OCAl7
DAkl.SUf ~i(.ez~ Asir.? VicF titkts
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CERTIFICATE OF SECRETARY OF i.
THE SENIOR LOAN AND DISCOUNT COMMITTEE OF t.
A BAN% CHARTERED BY THE STATE OF TEXAS
The Cottnime') of W" dre duly aPP~d SMCWY of tie S=or Low and Diuooat Commiase (the
fies thav of t a bunt chuuredby the Sure of Texas (dw 'Baalt7, batty
certifies
at: with chic y()) In ac danct > uy trammed to it by toe Band of Directors of the Bent. on
Lbs
City of Demon (miuft Ww"d the Plodie of congaera). as regnired by ft degotitoq cow= with CU
C-)' ro suet the Baok's obBSxdom w{h respeaf to ~ msint i u Cu
Bank by the City.
(1) Ile Commits approve) has nor been ataeoded, modified or repea.4d in any respect, and it in lull force
and effect on the due hereof; Dad
(3) The adoom of the Comm; ace mecdq be)d on
the permanent rtw& of the Bank 1947, win be maimaioed as put of r
.
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CERTMCATE OF SECRETARY OF
THE BOARD OF DIRECTOM OF
A BANK CHARTERED BY THE STATE OF TEXAS
The undersigned. beiaS the daly ekcted Seeresuy of dte Baud of Dkwu n (tlte 'Boud7 of Fire Srae Beak
of Dea'om Texas. a bank chartered by the Sues of Taus, busby cads" thu ateacbed bcrcoo is a true sod correa copy
of a res •lurion of du Boud adopted u a held on . 1997, and soeh taoItrdon bu aot
been &wnded, modified, a tepealed is Lay raVect, and Is in faU force ad effect on the due hereof.
Date:
BY:
NAME:
TITLE:
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RESOLUTION GRANTWO CERTAIN CORPORATE AUTHORPIY
TO LOAN AND DISCOUNT COMW TEE
RESOLVED, that the Seaior Lou and Dwoaat Commimu is hereby grantsd the corporm Mhority to approve
on behalf of i'HANK') wh security agreements and o*m allpteemeata related
to the deposit of Mnds is this BANK by say Sovefmmu lsatnty u such Senior Lou and Dm *m Comminee shag deem
in the best iarerests of thb BANK horn time to time.
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T~Bank ORDINANCE EXHIBIT C
August 25, 1997
Mr. Tom Shaw
Purchasing Agent
City of Demon
901-B Texas Street
Denton, Texas 76201
RE: Depository Bid
Dear Mr. Shaw:
Please find enclosed the completed depository bid submitted by TexasBank. If you should have
any questions reRuding the bid or need additional ird'oratation, plesse feel free to call one of the
following contact personnel:
Gwen Chick, CFO or Cathy Frasier, AVP Business Development
(817)598.2323 (940)383-1868
Deacon South Banking Center
We look forward to the opportunity of woridng with you and the City of Denton.
Sincerely,
I'LL h-~
Gwen Chick
Chief F'mancial Officer
i GC/mys 1
4 enclosures
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„rti r r ti Y. .~,+ti "i * ..1^r a n:ty 12L `+4 +~:l yc "i'S
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IV. BANK QUESTIONNAM
The Bank is requested to thoroughly satwer the following qutestiom. Additional pacts may be appended
if space is inadequae.
L How is the bank chartered? State
2. What pertxra of car, ttrt loans are classified as non-performing? .31%
3. mn Does the l Bank have a any sigttifiaot problems noted by regulatory agencies in the put tweuy-four
"yes', pksse exPlaim
4. hldlccm the Batdt's capiW to assets ratio for the last ffve years. 12/31/93 =7.401 ; 12/3'-. s 7.911; 12/31/95 - 8.911L1 12/31/96 m9.311 t 6/30/97
- 7.711
S. What was the Bank's 1996 return on attar (ROA)? 1.661
6. Attach copies of the Bank's most reeetx FDIC (UPBR all reports. 3/31/97 t; 6/30/97 are
attached.
V. ACCOUNT DFZCRnMONS
A. Genefil
The City intends to establish the following Bank aorounts:
Account NjW
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Employees Claims Account Zero- W&m Account
Operating Account Zero-Balance Acootmt
Sinking Account Zero.Baiaace Awoumm
Payroll Ac w= Za*4W&= Account
~b D Account eveloprmt Authority Super Now
Zero-SaLooe Accom
Conceunrlon Atxamt Super Now
Iasurance Account ZftD4W& ce Accouux
Electric Distroxxion Accourm Zero-Balance Account
Clordie Account Super Now
CDBG Account Zero-Balance Account
Cormutual Obtigation Soper Now
Ray Roberts Lake Accom Super Now
Public Properties • Security Account ~r Now
$Itpef Now 1 - ,
The City reseves the rfght to open or close any number or type of accounts throughout the
period if »xasuy although no changes are anticipated.
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B.
The services which should be made available to the City include but am not limited to the
following:
TOTAL
FEE CHARGED/ ES D"TEO (MONTHLY
PER UNIT VOLUME CHARM DFSCRBTION OF SERVICE
1. 5.00 16 aaauats 8 0. 0 0 Au*= Maimanaaee
2. 16 accounn a) Ant oritud bank statem -
per tcecasa
20/month b) Btlaoa IARuWes by phcao
50.00/month2woorob 50.00I'=Mwdns(64
compist" tepordai tymem
%*;h lieu ""iou and cwrertr
dq baLnxm debit,, aediu.
a'aawe ud check
praensaenn Ax &II acco=)
3. .10 I(Ymoerh 8.00 Deposit dcksn (aed's ponw4)
4. .025 25.0oW oomh 625.00 beam deposited (eaeodieW
3. .055 3,s00/momh 192.50 Cheeks PaW (debit poniog)
.055 1.7001moncb 93.50 A) Paymn e8eeitt
.055 I'mmmoedh 99.00 b) Hemel dislmnrmeat cheeks
.055 S0/ 2.75 c) Oda dtbit pou"
6. 60hnomb Win iavkss
20Jmond A) lacoatnd aUsk
5.00 40/mooth 200.00 b) Ongoing (axcbm" udrida in
ukkupins eaom)
5100 2s/mond 125.00 1) Repeddre by compmr
5.00 s/awed 2 5. 0 0 2) Rspt"" by phone
5-00 sRmodt 25.00 3) Yta•fa m by eompnter
5.00 s/momh 25.00 4) Fro-form by pbom
.055 15/mooch .83 s) ACH vmmkn
7. 10.00 50.00 Stop pay mm mgmest
10.00 3/mooth 30.00 e) vhima mqunt
5.00 2/morAh 10.00 b) Amommed n 9men by term)al
t. s bout of Cois orsppe. tbrnhhed types
each coin month
9. 1"booketno. .10 each
Vom
sr-s prbmd
1 Sr TexasBank' st,
whichever is less.
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TOTAL
FEE CHARGED/ EnIMATED MONTHLY
PER UNIT VOLUME CHARM DESCRnmoN OF suvicE
l1. Lur Tuft CA& bW
73 beplyear Pbro(e dnwaelq r3ect bap
12. 1/boa
13. Safe depotir bom (lox 10)
4 kadoo" Reaeamb ban
14. UWAD0 on Car of aoila"pMdRed by the
avenge foe 13 boot (quou em 1a mittioa
scorn o P
13. 100.00/laonth1areaoac 100.00/montk*=mD dDWxrn==nrria
9 aeeoaat Zero balam m an"= nasfan
17. 2.50 125.00 _
y Return Irma
_ 1.00 120/matb 120.00 b) Reaan iaeme nelnred
2/mrb c) Remm IN= miepbom advice
IE. LS som no FDIC leawme cost
i rsaa
Se ww" Ckv* aad uEdrepiaE
a) Main"=eeechup
10.00 13/morA 130.00
depoaiaad
10.06 L2/morb 120.00 e) Raatipawi&dmwal
10.00 0_ 2/no" _ 20.00
d) C~ppi ~leerioea
$90 ma7Ynn
0) S&fdaop* of seam pa
15.00 120.00
E/moam Bookednmky ,
da Fedand Rrauw, per
araseaenoe
r 9) Aadr wearmaoaa
20. Bi-"ekty Fm far &M &posh unim Aar
P"Jl W3o sepioyeea mat
15.00 15.00 P0tt - 3710.OM
a) Tape cb M
b) ACH aadamear
• . 04 each c) SW Peymaar ordra
.04 each d) GedWdebiapow.S
e) Odrr (ffir am* apecibe dmp)
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169 AMU
AMU
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2l. Cub Mw4cm er System (Set Exhibit C foc tams and cooditioas)
A. Mottthybag fee $50.00 for all accounts
Normal Service
22. Automated Teller Machines (ATM), see Section E, pa#t 7.
A. tachuded as part of overall depvjuny bid award.
Fee charged Pa unit . 5 0, Toni monmly chine $200, See dWjedp"nn"CtjoA_l. 90
*to customer who does not
S. If awarded as asepu.acoaeu,ualyrtemeor- a TexasBank account.
Fee ewled per nttu • 5 0 • Toni momhly charle$ 4 0 0 .
Fee charged per waaaacdoa 1. 0 0
23. Lin any odter appiteable back au Sts: None
NOTE:
Under a In'119 tt fa aaaaVMW with the batdc, analysis Charles would be debited b tie conwl concenvawn
accoum and an analysis fee smttaeat will be nailed to the Cary cacti mooch. Under a c=oating balance
ttxthod. 311 aaou m world be tied to a main aeeotsm and coUtxtsd balances rook be =wmincd to offset
wvicc cbuges. Also non, dw estimated volume above are Projecooru based oo carmas sanoaI volumes.
C. Automatic Piyrotl Deposis is a suviu the City offers im 950 employees. The bask would be required to
Prod= bi-weekly payml "Wen from a tape furaisbed by the Ciry in ACH fon ut for maasfer of
funds duectly m tie cttspbyee bast. sario~s and ban a c redo union 3ccoctos please stale the Dart's procedure
for this service and lip approp uw cutoff times tsar world apply. The Cuy's tta payroll is apProsimatey
$710,000 each Pay Period. State whether tie bank would offer M type of special checking, money muket. or
baoaccouniforftCry empbyam See Attachment A.
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A tape or diskette can be delivered to either of our Denton
locations for the transfer of these payroll funds via ACH. The
tape or o> s et: a p A~han 3.
P-M days rior to oay dav7kuzu
ee attac ed Cdgree~menz.
0. Does the bank offer any type of sweep r e*= wbere excess city Ponds could be invested at a hiebar rate
• overai;ht than in a Super Now accoam arrangtmeat? Does tie boot have money market lands consisting of
tresw rits, astaeies Prbae commercial paPer, prime domestic bankers saepunees and coUmeralited or itnared
ctRificates of deposk. that the City could OuUu daily as an [weefunent aketydyt? ff so. Please explain the
fund's parameters Sad Inrereu earnings history a attach a sepsute prosPecM.
See Attached.
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E. Attmmated Tel ar Mwblmn (ATArs
The bank will wm11 sad maintain AIM unite at the Movie# lonaomk
e Mtutkipal Building. 215 E. McKinney
e Demon Municipal Campiex. 601 E. wkkcry
o City Hall Weal, 221 N. Elm
The City agrees to famish a lighted, inside location and wtEcieat elxaiea! power for each ttsathim ftmailarion.
Note: The City of Demon resrnes the right to rn*M this section from cootSdnvko in tilt award Process and
b rebid in award under a sepses cover.
F.
The City ;Mode W Pay for all account services ms.ided by td Bads as wt fottrdt ist Sectioe V. B-E. The
method expected to be need for the paymem of then services is do dLtea peymeat =thod. The Back should
debit the appropriate; sccouat ost a monthly pros. The
will ckariy show volume comm. No charged. and Intel ~a as as souoeretmt The e month satia which
:bouts also thou avenge ledger balances, average MWIlleceed Nods, ~ aec account ys;s
he
r. to and the anoustt of itaacat P&M or credited so the account. Thean 6smrare am ~ W&cud balances, m to o chimp i the
krgth of this coattxc Plena stsbo it a sample of the t The a t
snoet
b t+te City of Denson Stfdkeeping few ft the City's' aa+ouasall anal also o b be an e an rip up on that will aaqu ti provided
and paid monthly. Please submit a ample of the nfe mns analysis
teepiaj aacmrst analysis.
0. Ilse •d Funds n.Frtitle .
The Cary desires to teaire same day credit for 711 hmda deposied by 3 koo p.n. The hadt should be iovesnb k
fbr any investment tramacdon yen as be Lump& K mat (stressed. the fho4 sbmM am farwm a the raw
i Paid be Super NOW acooastte. Man attecb proposed SYUUbXq ethednk Use a "parties attachment
necessary. See Attached.
H. Sumer NOµr Bator
Pk= provide a detailed espknamoe of the Bank's porky ad metbodology used In tine M q of rases paid on
Soper NOW ace4mms. Also. pro, a acbedne of all revs Paid on Sutpa NOW aecoems since Juvwy 1.
1996. Spec &&4 iadir- if dw rata ate applied to ledger Whom or collected balances. Indicate whm the
r
10 ain change am if 6" are based on a martst rat such as T.HLI discount or yleld rase. Ef the Bank proposes
Pay the Ctry a different rase on its Soper NOW aaautnte lndlnse that peopuual, See Attachment B.
1• 4fDtr Services
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Please specify any otter servien Amiable n the Cary of Drama wh" tae be thought So be beotfiCW or that
nny apply to the Cary. State all teissed fen. See Attachment .
VI. COLLATERAL 1tYQVBMMR TS
A.
As security for the deposits of the City of Demo. the Bank shell pledge to the City seuuridat equal so tbs (upst
total balances the Gryof Dwma maioaaiaa is she Barak. Cerd&sses of deposit sm other evIdencea of deposit
sball be colisteraliaed u 102 % of market, for U.S. Trsaaury M. Now, and Bonds whh a ra uLfeg maturity
of three years of less; and rr 102 R of Market for ocher mmides. Tr a securities so pledged. the seam tote tbereof
• and the rime for pledging same roust ssdrfy the regWretmm of Text Local • •
IS Ascended. Oovernmmt Code Chaptst 103.
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The Ciry will accept as collateral for in cm&jsu of deposit sad demLd deposes tidy tam "c ricks
idendficd by dee PubGe Funds lareameat Act as efifsbk iaressmrsaa. Adatioawy. U. S. Treasury Murides
shag be the primary, securidca uecepcd as co0aceral. 7te mannom kreh need to be cofticre2ced am
estimated to be dw masimum amoaims for the Super NOW acco=u aid cerntkaw of deposit essawed a be
(3,000.000.
Tbm items coauiwse rite ody acceptable muss of coducralWng the Cry's deposits. The securitiu mmt be
held in Safekeeping by the Federal Reserve Banc of Dallas or asotber third party fEw- ial irudwrioa pw=w
m a safekeeping agmmerrs "pod by the Depository Bank and the Coy. Repurchase agreco ms are not
acceptable as collateral to the Cary of Deoece,
8.
The Batik shall provide the City a report of securities pledged on a rooodhiy basis or is any time requested by
the Ciry Manager. Assistant City Manager of Risaaee, Director of Fw.41 Operations. of a dwgrimd
repmunaative. Tbia report sboaid ran= the following ft*cm don as of the cod of cub moa6 sad be delivered
to the City by the SA of each month
Toul pledged securities ittmiaed by:
o Name
o 'IypNDescripdodCusip Number
o Pat Value
o Current Market VLbre
o Maturity Date
o Moody's or Standard Ac Poon Ruing (both, if availabte)
C.
The smurices pledged &M8 be bold In Sakkaepiag by a separ m and dUTIertat Back oshec thus the deposaory.
Beek. The oc tbW copy of all safelteeWl receipts wall be lied with she Ditecwc of Fiscal Opersdau of she
City of Denton. The City will refmburse the depository auk for any Safekeeping charges. if any. Specify the
safekeeping chuges that will apply: None
The City, Depository Beak, AM the Sahkespiag Bank shall opera¢ in aceordaaee wiA a mass safekeeping
agreement signed by 0 threeparties. 71e Safekeeping agreement ave clearly wee ttw she Sakkeping Bank
is instructed to ukase the collateral secoridu to dae Cary if the Coy hu dearmiird that Ae Deposiwry Oak
Ens failed to pay oil Lily saomtts. or Is in default of this agreement, of the City bat dewissieed that the City's
fiends are in jeopardy for whoever resents iachsdiag iavohrasaty clowe or change of ownership, and if the
imsouctiona for rotate have been fervidly requested by due City Council by ordinance or resolarioa.
A copy of the safekeeping agrtement and the necr of the safekeeping bank so be used in site event you ut
awarded the Bade Deposisory Agreement coop be setbmimed with the propoW. See Attached.
Federal Horse Loan Bank of Dallas.
D. Co+lasctal SubstinrowL
Any tubstiwtions of the securites or redwoons is clan on! asnount
pledged may be made only by ant w'iA
Proper written audwimon approved by the Coy Masagtr, the Assistant Coy Manager of Finance. Dirmor
of Faecal Operations. of b1s desigaased represeso:ive. In the case of a rt>mwdm the Beat gust provide in
writing that collateral will be avuit" when needed w meet normal Coy balance increases slroaghom sine yeas.
71e City must approve are ssarides piedged. Any tote or local govetamtnt bolds pledged watts have a rating
of at least A or Al of better by Moody's Soveswc Services or Sttndard A: Pooh Cerporatim
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YkM stria the -22" sawML if any. of pkdSed aaenrida W+kb ft BwstOltppWOOS or abk io cmmk for
llao m ximhi%mNH ERR j TezaeBan c requiresa 2~J-t►o_uimno°tic o "r
any p e qe requirement exceeding S3 pillion.
F. Cer m wkjMxjMM= w
The City of Denson will be reaporenbk ibr hmdbg the ittra®en bidding process The Depor6ory Bask,
4104 with any d4ib dwodal W6ars t shn to We uded in the biddaeg ptxea as deemed appfopriw aad
is aocordasce with the astyps hrftxmm porcicL
a.
7be ftdlpersl UhtNp* bark nasa be s aabatertba to dw Fadenl Seeomy Wire Sy%w= L ad*aos n the
safam"ing seeatmr is wwcb Pfd codsmnl b btdd, dr aq tm hva ars:ea to a sskl UP4 arcom to
which Federal seem{drr ca be deliwsed via do FednW Raaars book *my sysrm for a cnwmer accoom.
i
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'U City say choose 4 i►ea is cwWkAM of drpo* L the deposisory Beak or nary odic elioia finasdal
marmmos. no dapowmy Bak aria as weeps tine deposia atom th Qry fa istramem porposea is th
loan of eerbfkna of dapOd" m varying MMM sad wea rida at nog daereioed by 3s depoawy'a
eompetidve bid a subaeimd is accofdaaea with pariodk bid aoMdc2dom easmrcard by th Cuy.
NAat is the shone MMI MOO In dsya dur the Back witl woepe for eadfkaaa of deposit is amosao of
$100,000 orSeeaaerf 14 .ays.
L r.±c r.a o... r,t...r..:..
Imams on all cad&uu of depoox SW be caapred a as ssaal day beds (365). MW tha Lana well be paid
m the Gry on ms MM by dw. beoeesa eakRWM win Lck ds do Am Csy in the roves - period but wLa
ooc ioclnde the dry of mwuiry. paymear will be dada by cradktaS on Bank aeooam.
va. OVERDxAM
A. Defini6an
The Cry does sa i=uW m here a act overdraft poWdoa trough= the course of the comsec AA arerdrsh
is defined as a negative demand b+laoea is tbs CRY atxoum fib, noc by Ldsridusl account.
B. I=
Should an ovadnh occur in the aggrepae, th failoww mpabdM SWl app!)",
I. The maximum mt *a of
days eba overdraA wtY be af7otred L 5 days.
2. lie mueimum amoen of ;e sec averdnft b be sllowad wt'il t* S 100,000.0.0
3. roe ivare a rate charged for overdnfls wig bs a per aaosm eompowd on as scout dsy
basis.
• e Wall Street Journal prime less 200 basis points. yI • •
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City of Denton
Depository Bid
Attachment A
Ps ge 6. Section C - Antamstie P IMO lkVMLW
TexasBank to offer a free "basic" proposea checking account to all City employees if TexasBarilc is
the successful bidder of this depository account. The Gee checking scocou will be free of normal
service charges for the contract period. In addition, the City will receive a free supply of TomsBank
stock checks, along with their selection of ToaaaBank's Financial Insights or OnLine Banking
products Gee of charge for the first year. (See attached brochures for more information on these two
products.)
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city of Dead
Depository Bid
Attachment D
Page 7. Sectlan H - Sean NOW Rater
In Geri of a paying a typical Super NOW interest rate on c6eclaag accounts, TamPank
pay the City ofDeatoa an iatelest rats ink to
aqua! to the 13-went U.S. Tresauy Bill discount rue, less tea
basis points on &Y 8 accounts maintained in Tcm&Banic This index is quoted daily in the Wall
Street Journal and changes weeldy.
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city of Denton Depository Bid
Submitted by Texas Bank
Attachment C
Other 8ervicesi
Anotha service available from TausBaak, is a program referred to u controlled
disbursement. Asa means of better matiagiiyl the City's cash on a daily basis,
TexasBank would like to offer the use of its controlled disburse sent
service. Very briefly stated, aintroaed dubuaament allows us to notify you, on s
daily basis, the total amount of "'m desringtt" p twee from the Federal Remve Bank.
(In clearings represents the total City diedcs and deposits processed by all other
financial institutions, seat to the carmalized processing of the Federal Reawm, and
forwarded to Tva&Bank to be posted to your bank account tonight.) This will allow you
to keep your funds in a higher yiek savunt and transfer only the amount needed for
these items that will be posted. These totals will be seat to you each morning via the
Desktop Banking Service E-mail system.
Charges:
5100.00 per account per mouth plus 5.13 per item
• In addition, TexasBank provides very competitive dxiciag on leasing. We could offer a
full Gne of lease-purchase Saanang services to the City.
f
• Lastly, Tvm&Barik has investment service representatives at all of our banking centers that
would be available to the City to provide investment services cad nwommenduions. This
service would be provided free of charge to the City.
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• ~ '`3 7~,__ ~.t~ r ~ ~Sr fr tS. ,••yF ?i*~s}as "r,J"f'~-'7~r rr '
ApMtAa No. -UY't
Apanda Item
Dale /0-z1-42
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CITY OF DENTON, TEXAS Fkww Doper~ 215 E. AklKkwey • Denton, Texas 76201
Tw%pbom (940) 349-8288 • DFW ANfro (972) 434.2529 • FAX (9401349.7789
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DaBose, As Lvm% City Manager of Finance
DATE: October 16, 1997
SUBJECT: CONSIDER APPROVAL OF A PROPERTY TAX REFUND TO GEORGE J. KAY IN
THE ANIOUNT OF $624.47
R F. C'O. t 1.t 1 ENDA TI OY:
fh: Tae Departmem has mailed an Overpay wnt Letter and an Application for Tax Refund to the
ta,kpaNer. All completed forms and necessary documentation have been retuned, requesting this
rcfurrJ, which the Tax Specialist recommends.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the
taxing unit for refunds in excess of 5500.00. Mr. Kay has requested a refund in the amount of
5624.47 because his taxes were paid twice.
Mr. Ka) paid 5624.41 on this parcel on December 31, 1996 and his mortgage company paid 5624.47
on January 6, 1997. A w: refund Is due on account /027117.
i
PROGR431S, DEPARTMENTS OR GROUPS AFFECTEI>
The Tax Department and the tax account of George 1. Kay.
FISCAL IMPACT-
f
5624 A 7
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"Drdkated so Qua ty Sen-ke Y }
r Y ~ e
rvjo 1 tl-~Y 1 1, l * Y
1111111"Uh -
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City Council Report
Page 2 {
Please advise if 1 can provide additional information. '
RESPECTFULLY SUBMITTED:
Prepared by: Kai
Assistant City Manager of F'mvwe
1 P ewiu
T Specialist
A 1 ed:
1
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Attacltrneat: Application for Tax Refimd .
Copy of Cancelled Check E , .
Overpsymeat Report
AAA05696
E• .
C~L
fi
M1 ti ,
• r r ~ I .`V fir,. { t' 1 kY.P~+ry .
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.~'rm t►s:t
APPOCAPON FOR TAX REFUND
C:ify t ).l. MINI tT cP F oa
11n~rpsapM'~dweA .,r -,,i1.P. 1
I I i %a f 1c!~P'~N~'f
ptimfl,". .111, 11-01 up• r.P w FsM eraw. raoP. a► rN I n.. (aae wdr M^*4wj
To aPPIY W • tax frMW, M t WYM nwM o«M *W the biA"-
2:Mpt: J Kq
or"Wes now POWK ww" ar rea0
A P
rte ader.M L.AC t✓
ON, own or per ia, sours all ago Rene tar wA n/ MOW
AKA j 'ft4z 6~
2: Load OMMon ht effroA oaw or to Px 0 or so "0001P
aeeetieeft DFd foA? Nog a a -&6r-ie 'tom .
Pub
Aea «a or leoa/on of ro Inc. 410-al Vr f W CT
AeooPal rarad+w d prapwy Tax Now M N"W..
nay r1-7 OR
IW,r Yaw OeM MnwM AMWA
P 3: Of T&*j Uni From tMlar Far VAlW M106M d Of The of of Tom Awww
Olw aM tax Rahnd b FWanrrd la ReQra , T O P atarwe Toes Paid gaQMWd
wY 2. rua~ 19 flj~, A2 ! it 1fr_ 11 r1 91! V7 s
Infw iwft to r it t 2
a, H _I f1 2
p, to J10- f 2
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JUDY M. KAY 518
p.0. BOX 670
DEWON, 7X 76202 DATE 1 Lt. qb -VA 139119
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REPORT F10R05DW 10/02/97 AT 16:41 O V E R P A Y M E N T S P;
ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF Pi
17538200000 96/03109-0403 BECKMAN, CURTIS E d PIERINA E N LOCUST ST 353.19 OVERPAY
06567700000 96/03/tO-0116 MONROE. ORAN E. (EST) BONNIE BRAE ST 10.30 OVERPAY
11963400000 96/03/17-0073 LEE, RYAN AVE E 0.02 OVERPAY 1
03137600000 96/03/17-0195 ROLL, HERBERT KAYEWOOD DR 0.20 OVERPAY
13530900000 36/03/23-0302 ENLOW, JULIUS D 1-35 0.07 OVERPAY
03500300000 96/03130-0286 HARRIS, RICHARD A JA FRY ST 0.27 OVERPAY
03554100000 96/03/30-0464 MULKEY, LANDY L E MCKINNEY ST 8.00 OVERPAY
03262600000 96/03/30-0640 KROLL, STEVEN A W PARKWAY ST 2.54 OVERPAY p
03643300000 96/03/30-0749 LEE, BOBBY E DAUGHERTY ST 1.00 OVERPAY
07699800000 96/03/31.0075 DAVIS, WALLACE E JA ETAL 0.01 OVERPAY
02328400000 96/03/31-0145 JOLLY, LEO M BUCKINGHAM DR 0.60 OVERPAY
03452300000 96/03/31-0199 WOLF RIDGE LP PIS BANDERA ST 0.01 OVERPAY
10514700000 96/03/31-0334 HILDRETH, EDDIE JR INDIAN RIDGE D 131,84 OVERPAY
03332900000 96/04/02-0196 HARWELL. HELEN ANNA ST 200.00 OVERPAY
90736100000 96104/02-0245 BURKHARDT, DAVID R DDS 5 LOOP 288 040 0.01 OVERPAY
02711700000 96/04/06-0740 KAY, GEORGE J MEADOW VIEW CT 624.47 OVERPAY
03153900000 96/04/06-1276 JOHNSON, DONALD K CHERRYWOOD LW 392.76 OVERPAY
03409700000 96/04/06-1469 MARQUEZ, TOMAS 6 WAR1A WILLOWWOOD ST 33.18 OVERPAY
07519200000 96/04/06-1570 HARDIN. ALANA B WINDSWEPT CT 27.83 OVERPAY
14607300000 96/04/06-2265 DESJARDINS, RAYMOND TARTAN CR 566.09 OVERPAY
18297000000 96/04106-2392 OLIVARES, ADOLFO LIDO MAY 63.40 OVERPAY
02545700000 96/04/13-0229 ZAVUDIO, MELQUTADES FOACROFT CR 176.15 OVERPAY
03704100000 96/04/16-0144 PASS, JULIA A STUART RD 0.2B OVERPAY
90657200000 96/04/21.0067 STICKER STATION S LOCUST ST 1.00 OVERPAY
03409000000 96/04/21-0159 RPS VENTURES INC WILLOWWOOD ST 1.00 OVERPAY
03196800000 96/04/21-0176 CRAWFORD, LARRY P KINGSTON TC 1.00 OVERPAY
02179200000 96/04121-1379 COOPER, RICHARD E BERNARD ST 228.06 OVERPAY
02928400000 96/04121-0384 MORRISON, VIRGINIA N BELL -1909 A 0.10 OVERPAY
91615100000 96/04/22-0166 OPTIONS SALON S ELM XK ST 0.02 OVERPAY
03407000000 96/04/23-0025 WILLIAMS, JOHN PAUL N LOCUST ST 0.80 OVERPAY
03439500000 96/04/24-0147 NW REALTY INC SHADY OAKS DR 157.10 OVERPAY
03439400000 96/04/24-0148 NW REALTY INC SHADY OAKS DR 394.46 OVERPAY
03439800000 96/04/24-0149 NW REALTY INC SHADY OAKS DR 154.46 OVERPAY 1
03439600000 96/04/24-0150 NW REALTY INC SHADY OAKS OR 138,71 OVERPAY
02460700000 96104127-0011 DOSS. WILLIAM B AVE C 0.01 OVERPAY
03724100000 96/04/27-0069 CHISM. JIMMY O N CARPENTER RD 0,20 OVERPAY
03758600000 96/04/27-0197 JUNCTION 268 PARTNERSHIP N LOOP 288 0.02 OVERPAY
• 51605700000 96/04/27-0446 JOHNSTON. MARK TEASLEY 1226 L 30.14 OVERPAY
02595500000 96/04/28-D287 CHIEN, CHEN-CHIN
.00 OVERPAY
02597900000 96/M4/28-0291 CHIEN, CHEN-CHIN KIOWA 0.01 OVERPAY
03323000000 96/04/28-0431 KUYKENDALL, JASPER S BRADSHAW ST 0.50 OVERPAY
91480200000 96/04/29-0060 MONTERREY CAR CO FORT WORTH DR 25.89 OVERPAY
91482000000 96/04/29-0064 SAM'S SOUTHERN MOTORS INC W UNIVERSITY D 95.76 OVERPAY
91482200000 96/04/29-0065 STANFORD'S AUTO SALES S BELL AV 9.77 OVERPAY
91482500000 96/04/29-0066 THOMPSON CLASSIC MOTOR SALES 8 TOWI FORT WORTH OR 6.52 OVERPAY
91719300000 96/04/29-0079 HUGO'S AUTO SALES E MCKINNEY ST 9.23 OVERPAY
91742900000 96/04/29-0093 JOHN PORTER MOTOR CO W UNIVERSITY D 5.92 OVERPAY
• 91435600000 96/04/29-0389 BUILDERS WHOLESALE 1-35 0234 0.45 OVERPAY
91255600000 96/04/29-0390 MOORE COMBINED FEDEIAL CREDIT UNION DALLAS 0315 DR 5.64 OVERPAY
J 02416700000 95/04/29-0392 GAINES. LONIA PARK IN 0.24 OVERPAY
10196100000 96/04/30-0139 MALIK. WAQAR N FANNIN 1111 ST 171.47 OVERPAY
91474600000 96/04/30-0151 ACTION IMPORTS S 1-351 109.48 OVERPAY
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Agenda Item
CITY COUNCIL REPORT Date
TO: Mayor and Members of the City Council N
FROM: Kathy DuBose, Assistant City Manager of Finance
iSUBJECT: RESOLUTION FOR THE REAPPOINTMENT OF PLACES 6, 8, AND 9 FOR
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY BOARD OF
DIRECTORS.
RECOMMENDATION
Staff recommends approval of a resolution reappointing Dr. Lindsey Keffer to Place
6, Mr. W. Jay Anderson to Place 8, and Mr. Jim Brock to Place 9 for the North Texas
I
Higher Education Authority Board of Directors.
SUMMARY:
The North Texas Higher Education Authority, Inc. was established as a non-profit
corporation for the purpose of furthering educational opportunities of students by f
providing funds for the acquisition of student loans. The Cities of Arlington and
Denton exercise the powers enumerated under Section 53.47 of the Taxes Education
Code and the directors of the Authority are appointed by the Cities. Under Section
53.47 the Authority may Issue revenue bonds or borrow money to provide funds for
the purchase of student loans guaranteed under the provisions of the Higher Education
Act of 1965, as amended. The Authority issued its first revenue bonds for such
purpose in 1979.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: N/A
FISCAL IMPACT: There is no cost to the city.'
•
Respectfully submitted: L 1
Kath V
• Assistant City Manager of Finance r
KO.cr
AFF0077E
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•
* HE North Texas Higher Education Authority, Inc.
201 E. Abram, Suite 800 ArEngton, Tows 760141196 (817) 2659158
~4T10MT~
f
August 28, 1947
Honorable Jack Miller
Denton City Council
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mayor Miller:
At its August 27, 1997 meeting, the Baud took action to nominate individuals to Places
6, 8, and 9 on the North Texas Higher Education Authority Board of Directors for the
October 1, 1997 through September 30, 1999 term. The incumbents, Dr. Lindsey Keffer
- Place 6, Mr. W. Jay Anderson - Place 8, and Mr. Jim Brock - Place 9, have expressed a
willingness to serve another term. Therefore, their names are respectfully submitted for
the City Council's consideration for re-appointment.
I will very much appreciate your ratifying me of the action taken by the City Council en
the nominees. Please extend our continued thanks to the individual Council members for
their support of the Authority and its activities.
Sincerely,
Governor Jac
President
r
` ll
ILI.
•
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RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFEC-
TIVE DATE.
WHEREAS, the term of office for Places 6, 8, and 9 on the Board of Directors of the
North Texas Higher Education Authority, Inc. have expired; and
WHEREAS, the Board has nominated Dr. Lindsey Kef ier - Place 6, Mr. W. Jay Ander-
son - Place 8, and Mr. Jim Brock - Place 9 on the Board; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES-
SECTION 1. That Dr. Lindsey Keffer is hereby reappointed to Place 6 on the Board of
Directors of the North Texas Higher Education Authority, Inc. for a term commencing October
1, 1997 and continuing through September 30, 1999.
SE010Ii. That Mr. W. Jay Anderson is hereby reappointed to Place 3 on the Board
of Directors of the North Texas Higher Education Authority, Inc. for a term commencing Octo-
ber 1, 1997 and continuing through September 30, 1999.
SECTION III. That Mr. Jim Brock is hereby reappointed to Place 9 on the Board of Di.
recturs of the North Texas Higher Education Authority, Inc. for a term commencing October 1, k
1997 and continuing through September 30, 1999.
SECTION IV. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1997•
JACK MILLER, MAYOR
•
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• BY: - • •
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: (~i 7
•
•
Agenda INm
Data `
CITY COUCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: October 21, 1997
SUB,7: Consider approval of an ordinance to adopt guidelines for
operation of the City of Denton's Opt-onal Reconstruction
Program for the purpose of reauthorizing expenditures in excess
of $15,000 for projects meeting Program's guidelines and
criteria.
RR2M1WDAT ION t
Staff recommends approval of this ordinance.
i
This ordinance approves guidelines and eligibility criteria for
the 1997-98 Optional Reconstruction Program. Passage of this
ordinance reauthorizes reconstruction project payments that
exceed $15,000 when the project meets the program's eligibility
criteria and guidelines.
City Council awarded $97,332 from HOME grant funds for the
program. Staff estimates between 2 and 3 low and moderate
income households in targeted neighborhoods will be assisted.
Additional funding sources include a grant from the Federal Home
Loan Hank of Dallas and owner-provided personal bank loans. All
reconstruction projects are competitively bid and property owners
select contractors from eligible bids.
•
The Guideline's Qualifying income Limits are being adjusted to
meet HUD's annual qualifying income adjustment. No other changes
to the guidelines are being made.
PROORhU, DEPARTMENTS OR GROUPS AFFECS 2
The Community Development staff will administer this program in
• compliance with local, State and Federal regulations. j • •
I
Page i
4
r
Report Format
October 21, 1997
Page 2
71,6C1►L WACTI
N\A j
'I
Respectfully submitted:
Rick Sv
"ha-
Deputy city !tanager
Prepared by:
Nancy Baker
Community Development office
Approved:
4
Da N. Hill, 41CPO ASLA
rector, Planning i Development
ATTACHMENTS:
1.) Copy of Ordinance - Page 3
2.) Copy of optional Reconstruction Program Guidelines - Pages 4 - 18
• • •
Page 2
e~ s~ s
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I I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL
RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPEN-
DITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDE-
LINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the
need to assist low and moderate income families in securing safe,
sanitary and decent housing; and
WHEREAS, the City of Denton participates in a Housing Rehabili-
tation Program administered by the City of Denton Community Devel-
opment office and funded through a federal grant from the Depart-
ment of Housing and Urban Development; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council approves the Optional
Reconstruction Program Guidelines and Optional Reconstruction
Program Eligibility Criteria which is attached to and made a part
of this ordinance for all purposes as Exhibit "A" and authorizes
the City of Denton Community Development 0`.fice to administer this
program.
SECTION II. That it authorizes the expenditure of funds in
excess of $15,000 by the Community Development Office for projects
meeting program guidelines and criteria, subject to compliance with
competitive bidding laws where applicable.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage.
PASSED AND APPROVED this the day of 1997.
• JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• BY: • •
APPROVED AS TO LEGAL FORK: I
HERBERT L. PROUTY, CITY ATTORNEY
BY: r/
Page 3
AAr
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1
CITY OF DENTON
OPTIONAL RECONSTRUCTION
PROGRAM
GUIDELINES -1997/98
\ i
Page 4
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a._-_._ ,,r ~•~:'k •i,C'Il ♦.i. h;~12i ~h~ ~7.1 ~(V~J ~`K`Si'.~l Jr~1l~~3 ~ k 1` ~1 ~1 i,.
' ~ ~ ..tip.
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TARLS Of CQ11TUTS r _
I. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
II. DESIGNATED AUTHORITY . . . . . . . . . . . . . . . . . . . . . . Page 1 i _
1111 .
111. IMPLEMENTATION PROCESS . . . . . . . . . . . . . . . . . . . . . Page 2
IV. ELIGIBILITY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . Page 7 -
V. FEASIBILITY FOR RECONSTRUCTION . . . . . . . . . . . . . . . . . Page 5
Vi. SELECTION OF RECIPIENTS FOR ASSISTANCE . . . . . . . . . . . . . Page 5
VII. ALLOWABLE EXPENSES AND CATEGORIES OF FINANCIAL ASSISTANCE . . . . Page S
VIII. REHOUSING AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . Page 7
IX. YINAL INSPECTION - CERTIFICATE OF OCCUPANCY . . . . . . . . . . . Page 7 - -
APPENDIX I: PROGRAM INCOME RANGE TABLE . . . . . . . . . . . . . . . Page 8 -
.
APPENDIX rl: APPLICATION AND TEMPORARY RELOCATION QUESTIONNAIRE . . . Page 9 -
C APPENDIX III: REHOUSING AGREEMENT FOR ApplicantS . . . . . . . . Page 10
APPENDIX IV: TARGET REHABILITATION NEIGHBORHOODS MAP . . . . . . . Page 12
i,
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CITY OP DMfON ,
OPTIONAL RsCONSTRUCfION PROGRAN
OOIDSLIMS j
Unless herein stated otherxise, the general operating procedures contained in the
City of Denton's Community Development Homeowner Rebabilitation Program
Guidelines will be followed.
1. PURPOS
A. The City of Denton, Texas, will provide assistance necessary to
accomplish the reconstruction of dwellings not feasible for rehabilita-
tion. The Optional Reconstruction Program will provide funds to
demolish existing dilapidated dwellings and reconstruct adequate,
decent, safe and sanitary replacement dwellings. In addition, the City
will also promote the elimination of slues and blight that exists in the
City.
B. Reconstruction payments and assistance will be carried out under the
City of Denton's Community Development Program as an eligible expense
from project funds. Assistance shall be subject to the availability
of grant funds and U.S. Department of Housing and Urban Development
{ (HUD) implementing regulations. Administrative procedures will be
modified to meet any change in rules and regulations of HUD which may
occur over time.
II. n2sTaxATYD AUTmogirY
A. Administrative authority for implementation of the program will rest
with the City of Denton's Community Development Office. This office
will serve as the approving office for Rehousing Agreements and for f
contractual and budget changes as needed for project completion.
B. The Community Development Administrator will have the responsibility
for final determination of the amount of reconstruction assistance to
be made available to individual applicants in accordance with the
• implementing procedures.
i
C. The Community Development Administrator will be responsible for
approval of applicant eligibility for the program and final approval
of selection of applicants to be assisted. This will be based upon
relative need of applicants on the City's list of houses which have
been determined infeasible for rehabilitation under the city's
• Homeowner Rehabilitation Program. •
C Revised 8/20/97 Program Guidelines - Page 1
Page 6
t
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111.
steps in implementing the program will be as follows:
A. Community Development Office maintains list of applicants for Homeowner
Rehabilitation Program assistance where a determination has been made
that the structure is not feasible to rehabilitate to minimum standards
under the City's Homeowner Rehabilitation Program.
6. Applicant is notified that the rehabilitation of the structure has been
determined to be infeasible. Eligibility requirements for the Optional
Reconstruction Program must be met for applicants to be placed on the
Optional Reconstruction Program waiting list.
C. Staff evaluates applications for reconstruction assistance as specified
in Section VI. Staff processes applications as possible under funding
and staff limitations.
D. Applicant is informed of available assistance.
E. Applicant submits a Replacement Housing Assistance Request, acknowledg-
ing receipt of information explaining the City's program, and request-
ing reconstruction assistance to enable applicant to obtain suitable
and adequate housing.
F. Community Development Staff determine whether or not approval of
applicant's Replacement Housing Assistance Request reasonably may be
expected to result in the successful and feasible rehousing of the
` applicant. In cases where the applicant's general health or income
level would preclude his or her adequate and responsi'~la operation of
a replacement dwelling; and/or cases in which the costs of the
replacement dwelling would be substantially above the costs of typical
cases; and to the extent that the probability of the City reaching its
Community Development Program goals would be endangered due to cost
overruns, the applicant's request may be denied. The applicant will
be notified in writing of the determination and, if the request is not
approved, the reasons for denial. When the determination is approval
of the applicant's request, a Notice of Approval will be sent informing
the applicant that the City is authorized to enter into a Rehousing
Agreement with the applicant for a specified Replacement Housing
Payment determined appropriate by the city pursuant to its ReConaCruC-
Lion Policy. Prior to any agreement being executed between the
• applicant and the City, the Community Development Office will comply
with the public disclosure and notification/authorization to and from
HUD requirements according to 24CFR Part 70, Section 104(d), Recon-
struction and One-for-One Replacement Housing Requirements.
o. A Rehousing Agreement is executed between the applicant and the City,
under the terms of which the applicant agrees to move permanently and
voluntarily from the dwelling on or before a specified date. •
i
{ Revised 6/20/97 Program Guidelines - Page 2
Page T
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H. Community Development Staff will provide counseling and assistance as
needed to approved applicants in order to facilitate the applicant's
rehousing, including referrals to builders, suppliers, etc.
1. The applicant and the Community Development office agree to the -
arrangement and method of the approved payments, the applicant will
execute a contract with a builder for the selected replacement
dwelling. The applicant will also contract for the demolition of the
substandard dwelling and for lot and site clearance and preparation.
J. when appropriate, the applicant voluntarily vacates the substandard
dwelling.
K. The replacement dwelling is constructed and appropriately inspected
by the City to determine adequacy and compliance with City codes.
L. City certifies that the replacement dwelling is decent, safe, and
sanitary and ready for occupancy. City issues a final building
inspection.
M. Applicant accepts replacement home.
N. All remaining approved payments are made to applicant at a formal
closing ceremony, and applicant acknowledges receipt of payment
schedule.
O. upon completion of all actions in regards to reconstruction, applicant
acknowledges in writing that all payments, assistance, and conditions
C of the Rehousing Agreement have been received to the applicant's
satisfaction
P. Applicant occupies replacement structure.
IV. ILIGISILITY sane antlrrs
Eligibility for reconstruction payments and assistance shall be estab-
lished as follows:
A. Applicant must have applied for rehabilitation assistance under the
City of Denton's Housing Rehabilitation Program.
• + S. Applicant must have been rejected for rehabilitation assistance on the
grounds that the applicant's occupied dwelling was not feasible to
rehabilitate.
{ C. Applicant must be an owner occupant of the dwelling for which rehabili-
tation assistance is requested and reside within a Target
Rehabilitation Neighborhood Isee Appendix 4). The dwelling must be the t
• applicant's principal residence for a minimum of 8 years prior to the
submission of a completed application for assistance.
{ Revised 8/70/97 Program Guidelines - Page 3
Pays a
• )q, 1
Now
,
D. Applicant must present proof of ownership by General or special
Warranty deed. City staff will verify proof of ownership with title
searches as necessary on the property where the dilapidated structure
exists and/or the site where the replacement housing will he built.
In situations where the applicant does not have clear title, attempts
to clear the title will be initiated with the assistance of the
applicant. When meeting this guideline requirement is not feasible,
applicant must present proof of ownership (General or Special Warranty
Deed) showing fee simple title of 50% or more ownership in the
applicant's name. (All other title holders will be requested to
relinquish their title rights to the applicant.) Applicsnt■ with less
than 100 percent fee simple title must have a continuing right to
occupy the premises. Applicant must provide documentation for all
existing liens. All current lienholders will be requested to subordi-
nate their lien position to the City.
E. Mortgage note balance cannot exceed So percent of the property's
appraised value as set by the Denton Central Appraisal District.
F. The City will relinquish first lien position only to a mortgage lender.
In all other cases, lienholders will need to relinquish first lien
position to the City.
G. Applicants shall provide complete and accurate information regarding
their household composition, household income, and housing situation.
Failure to disclose information which may affect eligibility require-
ments shall also constitute fraud. Applicants shall be required to
make full restitution to the City in the event Community Development
services are provided to applicants who provided inaccurate or
incomplete information in order to meet eligibility requirements.
Requests for further assistance will be denied unless restitution is
made in full.
H. Applicants must demonstrate that their income exceeds their projected
housing expenses.
1. Applicants will agree to conform with Denton Code Enforcement requests
prior to being deteruined eligible for replacement housing asaistance.
Applicants agree to maintain dwelling and exterior grounds in accor-
dance with applicable city ordinances.
J. Applicants will be encouraged based on individual needs to attend
community Development applicant education classes, with emphasis being
placed on maintenance, budgeting, cost effective decorating, and
responsibilities of home ownership when available.
K. Must apply to a participating lender and be eligible for a loan to
cover part of the cost of the reconstruction.
Revised 8/20/97 Program Guidelines - Page 4
Page 9
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V. rX&S BILIry FOR WOMATRUCTION
Feasibility for reconstruction is based on determining All related costs f'
to complete a reconstruction project. Total project costs cannot exceed ffff
the maximum amount allowed as set by the current Section 221(d) (3) Lowest
Home Per-Unit Subsidy Limits for the State of Texas as set by the
Department of Housing and Urban Development (HUD). Project cots include, '
but are not limited to, the cost of demolition, site preparation, cost of
replacement dwelling, title search fee, and/or City-funded interest buy-
down for bank financed portion of the project.
VI1 61LitTIam OF i=CIOI~'1 roi cello?fYCt
A. Initial recipients of this program will be taken from the list of
applicants residing in structures determined to be infeasible to
rehabilitate. Additional recipients will be added during subsequent
operation of the City of Denton's Housing Rehabilitation Program.
B. The number of recipients to receive assistance will be subject to
availability of funds.
C. Applicants will be placed on a waiting list for reconstruction
assistance based on the time and date they originally applied to the
Community Development Office for rehabilitation assistance.
l VII. ALLOMaaI t iLSnteei 1M &MENU a Or r xarO AL A!aZU&M
\ A. The primary form of assistance to be provided will be the use of
Federal HOME grant funds to pay for the cost of the replacement
dwelling and costs related to replacing a substandard unit.
' I
H. No reconstruction will net fewer bedrooms than the number of bedrooms j
a family has before reconstruction. Room addition(s) to relieve I
serious overcrowding may be eligible only with the approval of the
Community Development Administrator. In general the City will follow
the standards consistent with the applicable Housing Quality Standards
described at 24CFR 892.209(b)(2) when considering the number of
bedrooms needed to avoid overcrowding:
a of OG +n.~n to n n hnld_
P of Bedreom~ ~ - i% - .
2 1 - /
3 ] 6 %
4
C. The City of Denton has FM FIHAWIAL ASSISTAMCS CATmORttS for those
who qualify for the Optional Reconstruction Program. These categories
are based on the Oua111 nn neema L'•1►■ ..a s.....ee rer !u city of
( Revised 8/20/97 Program Guidelines - Page 5 '
Paps 10
• r }:15.:'.'1~, iK~ `~-.(L'~ 1r" A .~C,,-i Y,'/' 'tt~~~(I•'S,V'ICt~~ce;~'..
,
Denton's }ed&rallw A A1Mtad VrearaW (a** appendix I to these guide-
lines for current income limit ranges). A description of the financial
assistance categories and their requirements are found in Section III
of the Homeowner Rehabilitation Guidelines.
D. Allowable expenses will include:
1. cost of total demolition and clearance of the dilapidated
structure, lot clearance, and preparation of job site for new
replacement dwelling.
2. Cost to reconstruct safe, sanitary, decent replacement dwelling.
3. Other expenses the Community Development Office determines to be
necessary to facilitate the reconstruction of the substandard
property.
E. Community Development staff will also provide assistance and counseling
to applicants as needed, including the following:
1. Information on the program and rehousing options available.
2. Assistance in soliciting bids for replacement housing.
1. Assistance in contractual compliance between applicant and
contractor. - -
s. Assistance in inspection of construction of replacement dwelling,
if applicable.
5. Assistance to applicant in evaluation of future maintenance
burdens of various housing options.
F. If, after the loan payback begins, a household experiences a R r,n&=,
substantial loss of household income, a applicant can request a review
to adjust their current level of assistance. However, in no instance
will the payable loan portion be reduced below the minimum 10 percent
payable loan level. She loss of income ids be from an income-earning
aRnlle"t1s) whose income was used in determining the original loan -
assistance category. Loss of employment (voluntarily or involuntarily)
is not considered a `permanent loss". For purposes of this program
• 'permanent loss' is defined as:
1. death f
2, mandatory retirement (must be 62 years of age or older)
3. permanent disability
♦ To determine it a reduction in the loan is eligible, the household
4
members will be asked to complete all Sacoae lntoznatioa and forms as k _
required in Section It - Application Processing. A determination will
C Revised 8/20/91 Program Guidelines - Page 6
pops 11
, ~ !l ~ ` ~ i~ 'v~`rrf •'.lnj"•rY aYi17~ Tai i i'1 t riY Y~r ~:1
r4&.yi t~~ir rn •T f: _
be made after evaluating the household size and income using the
program guideline income limits and financial assistance categories
i that are being used at the time the request for reduced loan payment
is made. if the lees of income places the household in a lower payback
category, the loan balance will be reduced (which will increase the
deferred payment loan balance) according to current financial aasis-
tance category guidelines. when a loan reduction is granted, the
applicant must sign an Extension of Note and Lien reflecting the new
loan and deferred loan amounts.
A waiver of these provisions can be requested if the applicant feels that
their circumstances require special consideration. Section V. of Program
Procedures explains how to request a waiver.
VIII.
? Each applicant assisted through the program will sign a Rehousing
Agreement with tha City which outlines the responsibilities of each. The
j agreement establishes a date on which the applicant agrees to permanently
vacate the present structure, agrees to demolition of the present
dilapidated structure, agrees to occupy the replacement stricture when
structure is completed and ready to be inhabited, and agrees that
temporary housing will terminate when structure is ready for occupancy as
determined by the City of Denton.
C IX. Frxar, rwaPECTIOU - enTZPICAM OF OCCQt>=
The City of Denton will conduct a final inspection of all housing units
made available through the program to determine that the replacement unit
and all items identified in a punch list' have been corrected. This
Certificate of Occupancy will serve as evidence to HUD of the City's
determination that the dilapidated structure has been replaced by a
decent, safe, and sanitary dwelling and that the family has been
successfully relocated.
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( Revised 9/20/97 Program Guidelines - Page 7
Page 12
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APPENDIX 1
Qualifying !ncome Limits and Ranges
for the City of Deaton's Federally Assisted Programs j
Family 80% Payable Loan 40% Psysbk Loan 20% Payable Loan 19% Payable Loss
Size 20% Deferred Loan 60% Deferred Loan 80% Deferred Loan 90% Deferred Loam
80% AMI - <65% AMI 65% Ahi1- <50% AMI 50% AMI - X30% AMI s30% AMI
1 $29,300 - $23,791 $23,790 - $18,301 $18,300 - $10,981 $10,980 or below
2 $33,450 - $27,171 $27,170 - S20,901 $20,900 - $12,541 $12,540 or below
3 $37,650 - $30,616 $30,615 - S23,551 $23,550 - $14,131 $14,130 or below
4 $41,850 - $33,996 $33,995 - $26,151 $26,150 - $15,691 $15,690 or below
5 $45,200 - $36,726 $36,725 - $28,2S1 $28,250 - $16,951 $16,950 or below
6 $48,550 - $39,456 $39,455 - $30,351 $30,350 - $18 )11 $18,210 or below
7 $51,900 - $42,186 $42,185 . $32,451 $32,450 - $19,471 519,470 or below
8 $55,250 - 544,851 $44,850 - $34,501 $34,500 - $20,701 $20,700 or below
Is these two part loam eatepries the:
1
paable Loam is based on a percent of the total cost to rehabilitate or reconstruct with payment amortized over 120 months (10 yeah) at a 3
percent interest rate (APR). f
Defrred Pg),ratsLleyp is based on a percent of the total cost to rehabilitate or reconstruct and carries a zero percent We" rate. The
• deferred payment loan continues umil the applicant satisfies the conditions listed is the Deed of Trust and Promissory Note (executed prior to i -
the project start date). "there are no monthly payments. Deferred payment lomis are secured by a lien on the property. nre lien is for 120 i
months (10 years).
eP
Revised 5/20J97 Program Guidelines - Page 8
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APPENDIX 2
OPTIONAL RECONSTRUCTION PROGRAM
APPLICATION
Your par4d9Yion n tM Opbwel RooNtstucbon Pm9rom is volurtrY. RawnetucW hsids an knisd. Thwetae, two Prcy don
not cover cab neoasary for hawahaid to re " durrp reconstruction of property. Pbas w plow "blbwl q wove v
This dnbrmstom wi help our stiff H debrrr*" r row wi be a" for Me CIPW al Raod+st Kbw P,Vo-
1. 1 underatard that t is ny mspw*bky b nI= my houahadd ud VW I am mspwmb* for al WW kwhod b do ao7
Yes
2, 1 undsnland ow se a ro" of mevov n6on. mi' appraised prowry value rrwy have" sorA w * fwn ft amoarr at
whits 1 b Cursory vshredi
_Yes -No
3, 1 understand rM an 0 a see in m/ property value fry cause my Property taus b rweaa Dye WWICant amou nt t am
fesn"h papered to mad arty irKmam?
Yes No
-
e 1 underebrrd tot I of o6lprbd b arty hwreow Wo inwanoe br rw durarorl d rw 1w (10 years) Md td Coy a (D~
od have w rry yropsrty"
~Ya -No
S. t udvstrb t* n+y trorrw ww Aktw*e "r%" wi mom W+Y inwovot a a r"A or IM Nowstrwdim I em ewers
Mat my hsurana porky mwt cover dw N!v+econstruct;on sporabed w1w d my DrMeMI am bunchy prparad fo
M)w NS room.
C -Yes -No
6 I w4onitand that I must request Mat my ineurana wrpany Est Me Cry d Duncan a 1 'rts04mos• on fy Poky for the
duration d the lien (10 yesm)?
.
Yes -No
7. 1 u ndomW4 rut TT* Coy or Denton 's at in rw amour d Ards ttvy an spvrd to roo"rud a Property. I hew Dean -
t>VW on ryes dmb and u ftMtWA that My 4%60Y ya Me Opeonel Rseonst %KWM Propnm wA OR 9101Wd"t 1 is
dr -rwood Mst the tats dal costs otoksd to reconstruct ny property wi be at cc below Mw WW*" pragrvn WA - -
-Yes _No
This APPLICATION was completed by
on E3 spring below, I am reg6*9 g that the City of Denton's
• Comrtwnity Development Office accept this as my application to be oonsldeW for 04 Optional
Reconstruction Program. c ,
' ApplieanCs Spnatun DO*
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( Revived 8/20/91 Program Guidelines - page 9
P&p 14
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APPENDIX 3
CITY OF DENTON
COMMUNITY DEVELOPMENT PROGRAM
OPTIONAL RECONSTRUCTION PROGRAM
REHOUSING AGREEMENT FOR APPLICANTS
THIS AGREEMENT, made and entered into on FIELD(11). by and between the City of Denton,
Texas, and FIELD(l) hereinafter referred to as Applicants. This agreement covers the structure
occupied at the following legal address:
FIELD(4)
WHEREAS, The Applicant has heretofore requested and qualified for the Homeowner
Rehabilitation Program with assistance from the City in order to obtain adequate, decent, safe, and -
sanitary housing under the City's Community Development Block Grant and HOME Program; and
WHEREAS, the City has determined that rehabilitation of the Applicant's residence is not a
feasible alternative; and
1 WHEREAS, the City has determined that the Community Development Program will not provide
the Applicant relocation payments and assistance necessary to accomplish the voluntary relocation
of the Applicant from the substzrtdard, unrehababk dwelling currently occupied into an adequate,
safe, and sanitary replacement dwelling.
NOW. THEREFORE, the City and the Applicant for and in consideration of the covenants and
promises as hereinafter set forth, do agree as follows:
1. The Applicant agrees to vacate permanently the currently occupied substandard
dwelling within 10 days notice by the City for the need to vacate,
• 2. The Applicant agrees and hereby authorizes the demolition and removal of the
currently occupied dwelling and clearance by the City of the property. The r
Applicant further rekases the City from any and all claims arising from this action.
3. The Applicant agrees to take possession and occupy the replacement dwelling when
such dwelling is completed and the City determines it to be ready for occupancy.
• The Applicant further agrees to sign any required instrv nests to effect this item. ` • •
{ Revised 8/20/97 Program Guidelines - Page 10
Pays Is
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4. The Applicant agrees, to provide and bear all financial costs necessary to relocate
Applicant's household and furnishings without assistance from the City of Denton.
5. The maximum budget authority for the Optional Reconstruction Program is
FMLI)(6), which inchldes, but is not limited to, property title search fee, the cost
to demolish the existing dilapidated structure and the cost to reconstruct an
adequate, decent, safe, and sanitary replacement dwelling on the original site (lot)
of the dwelling vacated by the applicant. E
6. Applicant agrees to the time limitations as set forth in the Optional Reconnstnxtion
Guidelines in which to be moved from the substandard property,
RELD(12) DATE FIELD(13) DATE
G
i
C. CITY OF DENTON:
i
BARBARA ROSS, COMMUNITY
DEVELOPMENT ADMINISTRATOR
R
i
k
NANCY BAKER, HOUSING
REHABILITATION SPECIALIST {
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( Revised 8/20/97 Program Guidelines - Page 11
Pogo 16
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APPENDIX 4
I ;
-DENTON TX ! _
Thrget Rehabilitation \
Neighborhoods Map W~: ; , --r~'
I..I.MR11 kkk-~
r- %
A
4
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an~.r ci 4 .7ir
r^I ar! ; i n.w FNi.u.p t~ .....w Mr.~ _ r
C' i` l,Iar :M` . Dorn 1J.NN__~ _ ~..~c•rWr_
7
O.k
r.rw
OM - N ~ ~_-IF.4 r~ w •1 .
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7rr. Ir
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Revised 8/20/97 Program Guidelines - Page 12
Papa 17
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MERGE FIELD DOCUMENT EXPLANATION:
l.. FIELD 11 = DATE DOCUMENT WILL BE SIGNED
FIELD 1 = NAME(S) OF AppikM SIGNING DOCUMENT
FIELD 4 = LEGAL PROPERTY DESCRIPTION OF DWELLING TO
BE RECONSTRUCTED
FIELD 6 = MAXIMUM ALLOWABLE FUNDS FOR PROJECT: I.E.,
1 BDRM - $41,054; 2 BDRM = $49,921; 3 BDRM =
$64,581; AND 4 BDRM = $70,690, (THESE DOLLAR
AMOUNTS ARE SET BY HUD FOR THE DENTON AREA
AND WILL BE CHANGED TO REFLECT HUD'S RE-
QUIREMENTS FOR DENTON AS DIRECTED.)
FIELD 12 = FIRST NAME OF Appiki at
FIELD 13 = SECOND NAME OF Applicant (IF APPLICABLE) :
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Revised 8/20/97 Program GuAdelinel - Page 13
,1 . t • r Y' t , t' _f, f'ty,~'C'41a
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AWnda No.
Agin" Item -
Date /
f~Ty CO~~jL• REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy city Manager
DATE: October 21, 1997
SUBJ: Consider approval of an ordinance to adopt guidelines for
operation of the City of Denton's 8oaeoxnsr Rehabilitation
Program for the purpose of reauthorizing expenditures in excess
of $15,000 for projects meeting Program guidelines and criteria.
f
E
RZC0l0[EfiDATI Oli i
Staff recommends approval of this ordinance.
SUXMARY
This ordinance approves guidelines and eligibility criteria for
the 1997-98 Homeovner P.ehabilitation Program. Passage of this
ordinance reauthorizes rehabilitation project payments that
exceed $15,000 when the project meets the program's eligibility
criteria and guidelines.
City Council awarded $391,318 from CDBG and HOME grant funds for
the program. Staff estiantes between 14 and 17 low and moderate
income households in targeted neighborhoods will be assisted.
Additional funding sources include a grant from the Federal HoIDe
Loan Bank of Dallas and owner-provided personal bank loans. All
rehabilitation projects are competitively bid and property
• owners select contractors from eligible bids.
The Guideline's Qualifying Income Limits are being adjusted to
meet HUD's annual qualifying incone adjustment. No other
changes to the guidelines are being made.
PROGRAMS DEPARTIIAMB OR fiAOVQA 11tLEtrTiD t
• The Community Development staff will administer this program in •
compliance with local, State and Federal regulations. !
Page 1
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1111`
Report Format
October 21, 1997
Page 2
YISCAL IXP&Mt
i
N\A
Respectfully submitted: ~
Rick Svehla
Deputy City Manager
Prepared by:
Nancy Lt. Baker
Community Development Office "
r:
Approved:
Da M. Hill, AICP ASL11 i,
DI'rector Planning i Development
i.
ATTACHMENTS:
1.) Copy of ordinance - Page 3
2.) Homeowner Rehabilitation Program Guidelines Pages 4 - 36
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• .4. r.+fi::, 'i;,;' t ~'p ter" L
a ,
ORDINANCE 140.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER
REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING
EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM
GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the
need to assist low and moderate income families in securing safe,
sanitary and decent housing; and
WHEREAS, the City of Denton participates in a Homeowner
Rehabilitation Program administered by the City of Denton Community
Development Office and funded through a federal grant from the
Department of Housing and Urban Development; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council approves the 'Homeowner
Rehabilitation Program Guidelines and Homeowner Rehabilitation
Program Eligibility Criteria which is attached hereto and made a
part of this ordinance for all purposes as Exhibit "A" and
authorizes the City of Denton Community Development Office to
administer this program.
SECTION II. That the City Council authorizes the expenditure
of funds in excess of $15,000 by the Community Development Office
for projects meeting program guidelines and criteria, subject to
compliance with competitive bidding laws where applicable.
UCTION III. That this ordinance shall become effective
immediately upon its passage.
PASSED AND APPROVED this the day of 1997.
•
JACK MILLER, MAYOR '
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 3
4
e : r - _ :sl~ll'. • l _ _ . y ~ ~-!~.5/AL.•-•: =~.\CiYIL'`a Y_ _ _
.
City of Denton
Homeowner
Rehabilitation
Program
Guidelines
• 1997/98
Popp 4
10
,.i. :'i t{. a i t .+..~ri ,
•
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•
TABLE OF CONTENTS INTRODUCTION
TT,e City of Denton 11o;neowner Rehabilitation Program is dc-sigre(l to
Introduction assist low and r wxkrate income families in securing safe, sanitary and
decent housing. This program's objective is to rehabilitate single-
Descriplion of Program Procedures family owner-occupied houses by making needed repairs with the first
1. Eligibility Requirements priority being to correct cod. violations. 1
It. Application Processing The Ilomcowner Rehabilitation Program is administered by the City of i
111. Description of Financial Assistance Categories D enton's Community Development Office and is funded through a 1(
1V. Feasibility for Rehabilitation Pvxess federal grant from the Department of ]lousing and Urban 1
V. Appeals Provision Development.
VI. Contractor Selection and Monitoring
VII. Payments to Contractor The following pages contain a detailed description of the program
including policies and procedures. Tlrz purpose of these guidelines is
Vlll. Contractor febannent to explain to potential applicants and the citizens of Denton, the
Homcrowner Rehabilitation Program and it's levels of assistance
Appendices available. For further information or clarification of the guidelines,
ApprExlis I (icncral Terms and Cunditiixu contact the Community Development Office.
Appco dix 2 - Minimum Rehabilitation Standards
Appendix 3 • Carrying Out Entr$)-Sa%ing Requirements for
Singk-Family Buildings Community Developmetof Offke
100 West Oak Street, Suite 209
• Appendix 4 - Section $ Existing I lousin &'Program Denton, Texas 76201
(940)349.7726.
Appendix 5 - Qualifying Income Limits and Ranges for the
City of Denton 's Federally Assisted Programs
Appendix 6 - 'farget Rehabilitation Neighborhoods Map
s •
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DESCRIPTION OF PROGRAM PROCEDURES WrZero(Peaph 10%oftheAMI
Lk*m In Household hlar4 Len ktcome limit
1 $29,300
I. Eligibility Riequiretntatts - Eligibility requirements must he met 2 $33,450
for hulk the applicarWhouschold and for the structure. Lligihility rcc 3 $37,650
assistamc is completed in two phases as described in Sections I.A. and 4 541,650
I. B. below. 5 $45,200
6 $48,550
A. AWlicantAlousehold Eligibility Requirements Arc, 7 $51,9D0
8 555,150
L Must be a United v'tates chime or a Iegal res'nient alien.
b. Must trot have assets (total combined for all household
2. Must ha%c owned L~d occupied the single-fatuity-dwelling members) in excess of 5100,000.
unit for not less than five years.
NOTE 1: The apprabed valet of the applicant's
3. Must hold a Fee Simple Title to the property. bone Is escleded In total assets ealculatios.
a. If applicant Is purcbssiog their home by a "contract NOTE 2: Ateual Income and asset Income are
for deed" (or a like contract), where applicant does ealcufated using the most current guideGoes and rules
not gain possession of the property decd until all u established in the Technical Crr &fetVeterminbrr
contract agreements have been met, applicant in gut nconre.
eligible for rehabilitation assistance. The seller must
provide the purchaser wi!h a warranty deed on the 5. Must be in good credit stand ng w ith ~rxj exhibit the ability to
property to satisfy the eligibility requirement of item pay creditors including the following basic housing expenses:
1.A.3. above.
a. Home Mortgage Payment
b. If applicant(s) inherited propctty, s'he must have the
necessary legal documems drawn up and filed for record b. Loan payment (when applicant's Property is eollstml ov
at the Denton County C'lerk's Office which name loan)
applicant(s) as the sole decd holder.
c. Property Taxes (City, County, DISD)
4. Must meet program's income limits.
d. homeowner's insurance Policy premiums
• a. Gross annual total household income is 90 percent or •
below the current maximum Area Malian Income (AMI) e. Utilities: electrkal/water/sewagelsolid waste and gas
Limits. Current maximum income limit by household
site is: 6. Must apply to a participating larder and be eligible for a loan i
to cover part of the cost of the rehabilitation.
,
Page 6
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7. Mortgage note balance cannot exceed 75 percent of the relubilitated to neat d1 current Building, Electrical,
property's appraised value as set by the lknion Central Plumbing sad Firc4Wety coder. Applicaat most provide
Appraisal INsarict (cannot c\md 50 percent of the pmpcrt)'s ibis gnotelo the Community Development Office and sign
appraised value to participate in the Optional Reconstruction a NOUCE OF INTENT AND AGREEMENT TO
Program). OBTAIN A HOMEOWNER INSURANCE. POLICY to
satisfy eligibility required In item 1.6.7.
B. PROPLRTY ELIGIBILITY RFAUIREMEN'I'S
8. A property that has been previously rehabilitated with Federal
I. Must be classified as a single-family-dwelling unit and be or State grant funds is subject to waiting oeriod and "far
situated in a Targeted Rehabitilatiim Neighborhood within the limitations when being considered for additional
city limits of Denton (Refer to Target Rehabilitation rehabilitation, new limitations are:
Neighborhoods Map - Appendix 6).
f The Total Cost Of The The Wa6v The Maximum Amt
2. Must exhibit building code deficiencies that make the PreYOARehab Period Must Of Funds Eligible For
sinxture unsafe or unsanitary. ~~d Be AlLeasl An Additional 9" 1%J
$11,999 or below 7 years 8D% maximum akwed
3. Must not have existing property code v"ations (such as high $12,000 - $16,999 a years 70% marirrium allowed
weeds, cash, debris, junk vehkks, etc). Any liens placed on 517,000. $19,999 10 years 60% maximum allowed
properties for correcting previous code violations must be $20,000 or above Is years 50%rnaxirnumaapwed
paid in full by the time application processing occurs.
14 Appligat emn rrocipiagi t
4. Must be serviced by a City-approved water supply, sanitary
sewer and electrical systcin. A. To be placed on the waiting list, applicants must meet the
following guidelines:
5. Must mtti all of the City of Denton's Land Development
Codes. I. Household's total gross annual income does not exceed
• current program income limits.
6. Must be feasible for rehabilitation as defined in Scuion IV of
the Program Procedures. 2. Owner is the occupW ofa single-family dwelling unit for not
less than three year
7. Must be covered by an approved homeowner's insurance
policy 3. Property is located in a Target Rehabilitation Neighborhood
• (see Appendix 6)
NOTE: It an applicant's property is not currently •
Insurable because of its present condition, the applicant 4. Applicant must contpkies Waiting ListApplrctdkn Form mid
must obtain a homeowner's insurance policy name (from aamh a copy of property deed. (Waiting List Application
any reputable instrrsace agency). The quote sbould be Forms are available at the Community DeveloprnentOffiice,
based on the atler•rebabilitation structural status. 100 West Oak Street, Suite 208, Denton, Texss, 76201, 940.
Applicant should inform agent that the structure will be 349-7726.) IJI
Page
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B. A completed waiting list application firm is assigrwd tire next Bilskarthe krAsix monlimtrornLong Star Gas cure c4tylltih0es (if
available number on the waiting list in order by time and dale the you don't have last six months pals, Lone Star Gas OR City of Denton
completed application is received by the Conmunity M%clopment VlAties w,l mail you a summary . Please make swethe summary has
your currenl balance gated)
CIITice.
C. When applicant reaches the top of the waiting list, he/she w ill be D. Applicant must provide all information requested in 11.C. above
that applies to his/her household and complete aJl required l
notifk~d to complete the application process, /The Community
lhvek+pmenl Office will mail a letter of notice to apply for vcrifrcation forms in the application packet. AIi information will
assistance. Ibis notice will give a deadline ditc by which the be verified by Community Development staff. Ifany information
applicant must schedule an appointment +vith the Community is found to have been intentionally falsified, the applkatkv will be
rejected and the applicant will not be allowed to reapply to this
Ov%clopment Office to complete the application process. Any
applicant who does rot contact dw Community Development program,
office by the deadline dale will be removed from Ilw waiting list. E. Community Development staff will calculate the gross annual
The letter of notice apply for assistance requests applicant to household income and determine the percent orincome spent for
providetht following items: housing expenses.
Copy of Deed or Wananty Deed for the property k be rehab Mated F. Community Devebpmrnt staff will notify applicant of the
(applimAfrhuslbedeedlhdder) financial assistance category he/she is eligible for under the
Nan>ehradng address dyar matgage cort~any{rfyw have a matgage program guidelines. At'plicantwillbenotifiedthatfinaleligibili
paynherfq ix 0' I
i Name",o" address of your Homeowner insurance POO with ' for assistance is delermlrwd upon completion of the feasibility fox
rKeV or canceled check rehabilitation process.
Cunent year's Lid' Property Tax receipts trurn D$D, ~h and Cofnly t.a
offices Hl. Daseriotlon Of Financial Assistance Catatao ies
Most cLoent Notice a Awased yahre thorn the Dentin Centiai Appraisal
Datrid
Cunenl years income Tax Return with W-7T for each household rt ember A. Applicant must apply to a participating lender for a khan. Applicant
• rift Fled lax returrs w ill be required to accept a ban amount no( to exceed 20 per cent
Social Security number(s) br household members who rece ve Social of the total projm bid to contribute Arward the rehabilitation of the
Securty benefts property. Applicants denied a loan from a participating lethderdue
Most current name statement (if you receive Social Security benefits) to unacceptable credit history will be ineligible for assistance
Pay&eck stubs for last iou creeks for a emgoved household member through the City of Denton's Homeowner Rehabilitation Program.
• Employer's nanwladdress la each emtbred household member
Names and addresses of retirement income or my olwincome sources p, The City of Denton will fund the remaining project cost (total
L INCOME SOURCES MUST BE DISCLOSED--RETIREMENT,
• RE project cost less the amount loaned to applicant from lending •
REftTALAfAP fNCOME, AFDC, FOOD STAMPS, ETC.)
Dvorce decree M you receive dhidolfer wppcd from a divorce or d you institution). This part of the project cost has four financial
were awarded deed b your property through a divorce assistance categories for those who qualify for the Homeowner
Namesladdresses account numbers of al banks, credit urums, savm9s Rehabilitation Program. These categories are based on the
banks, IRA accounts, ek for al harsehold merrters who have any of these Ouabhft loom urald and Ralim for the Cif of Dmios's
lypesofaecou:ts Federally Amlated Programs (eee appeadis S to these j
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gak"nes for current income limit sages). A description of the a. 3 Mcent interest kvan with the ban amount being based
financial assistance categories and their requirements are: on 20 percent of the total project cost amortized over 120
months. The lien will not be released on this part of the
I. 80 Percent Rehabikekv Loan 120 Percent Deferral Payment Loan: loan until all 120 payments are received in full by the
Applicants M rte gloss annual hxrseltold income falls above City of Denton; and
65 percent up to 80 percent ofthe area median family income
limits will qualify for this hvo-part loan; b. a deferred payment ban with the loan amount being
based eat 80 percent of the total project cost. A detailed
a. a 3 percent interest loan with the ban amount being description of the deferred payment loan is found below
based on 80 percent of the total project cost amortized after section VILC.
over 120 months. The lien will not be released on this
part of the loan until all 120 payments are received in 4. 10 Percen Rehabilitation Loan 190 Percent teferred Payment loan: i
full by the City of Denton; and Applicants whose gross annual household income falls at or
below 30 percent of the area median family income limits will
b. a deferred Qayment loan with the loan amount bring qualify for this Iwo-pan ban;
based un 20 percent of the total project cost. A dewikd
description of the deferred payment loan is found below a. a 3 percent interest loan with the loan amount being
after sc Okra VII.C. based on 10 percent of the total project cost amortized
over 120 months. The lien will not be released on this
2. 30 Percent Rt4iiNte:nk,n Scan 160 Percent ltefrned Payment I oan: part of the loan until all 120 payments are received in
Applcants vvlxose gross annual lxxtwhokl iwonw falls atxv a full by the City of Denton; and
50 pvfcvym up to 65 percent of the area median family income
limits will qualiry fix this two-part loan; b. a deferred payment loan with the loan amount being
based on go percent of the total project cost. A detailed
31 3 3 Nrcent interest loan with the ban amount being description of 6c deferral payment loan is found below
based on 40 percent of the total project cost amortized after section VILC.
• over 120 months. The lien will not be released on this
part of the loan until all 120 payments arc received in !DESCRIPTION OF A DEFERRED PAYMENT LOAjY
full by the City of Denton; and A deferred payment hart shall carry 0 percent interest and continue
until the applicant satisfies the conditions listed in the promissory
b. a deferred payment ban with the loan amount being note executed prior to project start date. There are no monthly
based on 60 percent of the total project cost. A detaik-d payments. Deferred payment loans are secured by a lien on the
description of the dcfcrt d payment ban is found below property. For each month the applicant lives on the property, a •
after section VII.C. monthly payment amount established in a promissory note will be
forgiven. If the property is sold or transferred before the lien
3. 20 Percew RchatwlPxMm Inm 190 Percatt Ikdemsl Na irknu Iran: period expires, the applicant is credited for every month of
Applicants whose gross annual household inccxne falls above residency. The credit is subtracted from the total ban amount to
30 percent up to 50 percent of tie area median family incune determine the unforgiven Ioan balance. The tmforgiven balance is
limits vs ill qualify fix this two-part loan; oyved and becomes due to the Community Development Program
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upon sale or rental of the property. Amounts received are ased as on a case by case basis.
program income. The City of Denton will be in the first lien
positkv on all rehabilitated dwellings. Ilo%w%er, in situations E. RepImcrol Policy for Financial Assistance: The applicant must
where first lien position is net feasible, the City will accept a agree to have a lien placed on their property, until they have
second lien position subject to the review and appnwal of the satisfad the requirements of the promissory note. The lien will
Cominunity D v%clopmchtt Administrator. 1 he lien will not be remain until the knn has been paid in full. In die event of death of
released unless the follow ing conditiLms are met: the loan recipient, the balance due according to the Promissoy
Note must be paid by whomever becomes the legal ow ner. If for
1. lle applicant must reside in the unit for the full period of the any reason the loan recipient decides to sell or rent the property
lien. before the lien's terms are all met, the note's balance will become
due at the time of the sae or upon rental.
the properly must be maintained to meet City code F. Hens will remain in effect until the grantee has met all
requirements. requirements as specified in the promissory note. In the event of
the sale of the property, any unpaid balance of the ban and any
3. Mortgage payments must be met on a timely basis. onforgiven portion of the deferred payment loan w ill become due
immediately. If, in the event of the death of the grantee, a family
member who meets the income eligibility requirements takes up
J. IltWnie applicant must provide dixumcntatiim of adequate
II,NnI'tlwtle-r s insurance, including casually and fiic coverage, residency in the property, the loan will continue as staled in the
original promissory note.
and the City mot be listed as a P1tKtgagcc on the Certificate
of Insurance to be notified in case ol'ptdicy cancellation, G. If, after the loan payback begins, a household experiences a
NOTE: Contracts require the applicant to, open completion of permanent, substantial loss of household income, a applicant can
request a review to adjust their current level of assistance.
the reoabilitatios, rn y of n and/or purchase, for the fall kaglb However, in no instance will the payable loan portion be reduced
of time mice toe City of Dcover will mpr aliennt resultiproperty, below the minimum 19 percent payable loan level- The loss of
from the r b pellet' that: cheers all Isu able alue ue resulting income must be from an Incora~e-earning aonlicanrfsl wkose
from the extended chi for [heir full Including -Aind value; provides income was wed lop delerrrrining the original loan assistance
fire and extended coverage, anlie wndstorm coverage; category. Doss of employment (voluntarily or involuntarily) is not
beproyidey flood insurance properly is is flood considered a "permanent loss". For purposes of this program
ard area- Applicant ■grany lime tt~s to comply at all times u i tY the "permanent loss" is defined as:
requirements of the 80 percent colnsorasce clause; and keep
any buildisgs occupied as required by The Insurance policy. I. death
• 2. mandatory retirement (must be 62 years of age or older)
5. II'w ithin the pvYial of the lien the applicant defaults on their 3. permanent disability
deferred payment loan or the payable loan, the lien will he
called due in full and fkxcck)sure proceedings may be To determine if a reduction in the Doan is eligible, the household
vitiated 1! he City will make every cf G rt to wsxk with the members will be asked to complete all income information and
applicant to asoid fsxccknurc and will cvmnirsc exh siuutieat fgrms as required in Section 11 - Application Processing. A 1
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&crmination exit] be made after evaluating the househe ld size and 3. Determine if the framework and foundation of a structure are
income using the program guideline income limits and financial stable, or can be made stable through rehabilitation,
assistance categories that arc being used at the lime the request for
reduced kun pa)meni is made. If the loss of income places the 4. Lead-baud paint hazard reduction techniques will be used f
household in a lower payback category, the loan balance will be when kad•based paint exceeds HUD's acceptable limits for
reduced (which will increase the deferred payment loan balance) lead content in existing paint. The limits for lead content
according to current financial assistance category guidelines. exceed [IUD's limits Ahenlead cotacntexceeds I mg per cm'
When a loan reduction is granted, the applicant must sign an (one milligram per centimeter squared), or 5000 ppm (Parts
Extension of Note and Lien reflecting the new loan and deferred per million). The reductio rt techniques used by this program
kun amounts. are described and found in the U. S. Department of Housing
& Urban Development's publication, Guidelines For Tire
A waiver ofthcsc provislms can be requested if the applicant feels that Evaluation and Control Of Lead-Based Paint Hazards In
their circumstarwes require special consideration. Section V. of lousin , issued June, 1995.
Program Procedures explains how to request a waiver.
5. Is a room addition(s) mended to relieve serious overcrowding?
IV. Feasibility For Rehabilitation Process
NOTE: Rehabilitation of a structure will never net fewer
A. A decision as to sxlcthera structure is feasible for rehabilitation is bedrooms than the number of bedrooms a family has before
nctifc otter a complete assessment of the following factors, rehabilitation. Room additions and improvements to relieve
serious overcrowding may be eligible and require the
I. Completion of a detailed inspection of the Property by approval of the Community Development Administrator. The
C'on rn nity Ixtckjmnent 4aO is conducted Ibis inspection City will follow the standards consistent with the Housing
includes completing a list of all deficiencies which must he Quality Standards when considering the number of bedrooms
corrected in order to bring the structure up to minimum needed to avoid overcrowding. They are:
program standardl (compliance with HUD's Section 9
. Minimum (lousing Quality Standards) [Appendix 21 art City 0 of Octtyw_4 in Househol0
of Denton codes. 0 of Bedrooms FAxtrrr~rn
2 1 4
2. i)vlcrmuinc if the rehabilitation cost will be affcctcd by: a 3 3 6
property being located in a designated 100-year 8oodp1oin, a 4 6 8
nccd to abate possible presence of lead-based paint, possible
historical restoration requirements or can rehab reduce noise B- Using all information obtan,ed in items W.A.1.5. above, a cost
• levels if property is in a high noise area. estimate and structural evaluation will be completed. The kvel of •
J monetary assistance will be assessed. Moderate Rehabilitation
NOTE: the fkxx)plan T fanagrmrnl rrgul,tioas limp the ntal cost will be any rehabilitation between $5,000 • $24,999 while
of all min-cork reNirs for any structure 4xatcd in a dcsignmod Ink- Substantial Rehabilitation is S25,000 to below Program Maximum
)car tloodpUin to not exceed 50 percent of a property's (0,ructurt Limits. A project with a cost estimate above Program Maximum
only) pre-rchabilitulKn appraised xaloe as set by the Denton Central Limits is not eligible fu rehabilitation assistance. Applicant may
Apyraisal Di inlet. be referred to Optlonal Reconstruction Program.
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C. PROGRAM MAXINIUM LINI I IS FOR RLIIABIHIA] ION B. Appeals Procedure: Applicants who hale been dclemtined by the
A rdiabilitation that cannot meet all of Ovc following limit tests is Community Development Administrator to be ineligible for
considered cost prohibitive or n<K feasible for rehabilitation. rehabilitation, may appeal this decision to the Director of Planning
aril Development Department. A written appeal must be
L Rehabilitation sill not exceed $45 per square fool of total submitted.
liv ing space (using after rehabilitation square footage).
lbe Director of the Planning and Development Department shall
1 Rehabilitation will not exceed the current Maximum home issue a written response within fifteen days of receiving the
Subsidy Limits for Denton as set by HUD. request.
3. The after rehabilitation appraised property value luus all costs VI. Contractor Solaetlon And Monltedit
expended to complete the project (,including the bank loan
portion) will not exceed the current Single Family Mortgage All housing rehabilitation rec;pients are responsible for finding a
Limit for Denton as established by HUD. contractor who will develop a proposal to make the necessary repairs to
their home. Your contractor's proposal must be submitted to the
U. PROGRAM MINIMUM 1.IMI1'S FOR REMAIM.I FAI ION Community lkvelopmcnt office within M days from the date you
A sirmturc needing less than $5900 of repairs is met eligible for receive the work order write-up prepared by the Community
rehabilitaton assistance. Development Housing Inspector.
An applicant who feels heal he/she has txcn unjustly denied Contact any reputable and experienced contractor and request a bid for
rchabiliwtiun assistance under the City's Hornco"rr<r Rehabilitation the requir,:dwork.
Program sliouM tisllow the appeals procedure outlined in Section V.
IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR,
V. Appeals Protrlslons: contact any of the following places for assistance:
A. KNuest for Waiver: The City of Demon's Homeowner Your local Better Business Bureau.
• Rehabilitation Program has been developed to adhere to a set of Any friends or neighbors who have had remodeling done to their
guidelines in order to assure proper administration and properties,
management of the homeowner Rehabilitation Program. In the Chamber of Commerce
event that an applicant feels that his,her circumstances require Community Development Office Contracior*s List
special consideration, he/she can rcgmK-st, in writing, a waiver from
the usual requirements. All requests should specify the When a contractor conies to look at your home you should:
requirement(s) to be considered for waiver and state tie applicant's •
reason(s) or special cireumstutces why hJshe believes a waiver Show him/her the mandatory work items that have been identified,
shuukl be appruvcd. Requests will be reviewed by the Community by the Community Development Housing Inspector.
Ievelopmem Administrator on a case by case basis. Applicant Advise hindher that the bid proposal must be returned toyou orthe
will be notilKdA riling of tlwCommunity Dkvelopnuntofrwe's Community Development office for submission to the
final dkOsion. rehabilitation program on or before the due date.
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IXl Ntyl SIGN ANY AGRE.Eit1EN F WI III I IIE. C'ON IRAC IOK. appliC utt must issue a notice io proceed.
Bring the contractor s bid proposal to the Community Deselopmtnt
oftrce at 100 West Oak Street, Suite 208, where yon made your original The contractor's work will be monitored by the applicant, the
application. the Community Ivelopment Housing Rehabiliiaton Community Development staff and the City of Ieutcon building cock
Inspector or I lousing Rehabilitation Specialist w ill rev ievv the proposal inspector. If the applicant considers any wort; dome by the contractor
to verify drat: to be unsatisfactory or incomplete, the applicant should advise the
contractor of the discrepancy and ask that it be corrected. In the event
1. 1 he contractor is licensed and has all City-required insurance a dispute exists between the applicant and the contractor with respect to
coverages. the rehabilitation work, the City shall take appropriate action in
accordance with the provisions of the construvilion contract to assure
All required improvements have been included in the bid. that the applicant is satisfied before making any payment to the
contractor. In the event a dispute cannot be resolved, the Director of
3. 1 he proposed work is in conformance with the program's Gerwral Planning and Devebpment shall consider all pertinent facts and shall
Specilikatio ns. decide an appropriate course of action to resolve the dispute.
a. All propoxtl rehabilitation costs arc reasonable. Acceorance of Work
5. lie contractor you hack chown has not been disqualified I. Final Inspection - In order for the contractor to close out a
(dcharrcd) by any kraal, slate or federal governnmcut agency. relabititationjob, a final inspection shall be made by the City of
Denton building code inspector, the Community Development
I lx: bid proposals tlmt are submitted by the applicant will be reviewed staff, and the applicant. If the final inspection results in no
hythCCammunit)MwksprncnlliousingRehabilitation Inspector to additionaiwowkor no specifiedcoaections,theapplicant shall sign
d.9erinine if the total bid price is reasonable and under the maximum the contractor's release form which states that all work has been
allowable amount. 111E C111' OF DIiN1 ON AND WE Applicant completed to their (applicant's) satisfaction. The building code
RESERVE ME RIGH T TO REJECT ANY AND ALL BIDS. inspector shall sign a final inspection forth to confirm the same.
At this time, the contractor is required to submit to the
• If the bid proposal sckcted by the applicant is appr 1 by the Community Development office copies of all warranties and
Community Development Administrator, then the Community releases of liens from subcontractors and suppliers. Community
Dc%clopment staff shall proceed with the review of all other &xms Development will not authorize payment to the contractor until
submitted by the contractor, Any contractor whose name appears on the these documents are property completed and submtted.
most current I IUD or City of Denton Debarred Contractor's List will Community Devebprttent staff will make copies of warranties and
not he eligible to participate in this program. References will be other documenWiom The applicant will receive original warranty
• checked and claims of sul <tandard workmanship will be cause to and guarantor documents. The Community Development office •
dectare a contractor ineligible. lbc contractor must also submit all will retain copies of these documents for the file.
required proof of insurance forms and funds (if ap, licable). Failure to
submit these w ill result in rejection of tine bid proposal. 2. Warranty of Work - As stated in the rehabilitation contract, the
contractor shall guarantee the work performed for a period of at
Once the contractor has been s lecled and approved, a contract least one year from dm date of final acceptance. The contrxtor
agreement must It sigtxd. Wfore ttte contractor can start work, the will return in thirty (30) days and ask the applicant if any
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additional repairs are necessary. Any deficiencies or necessary 4. Failure to obtain City-required insurance, ice„ general contractor's
repairs to specified work will be completed at this time. If no liability, automobile liability and buikkr'srisk (ifapplicable).
repairs are needed, the contractor will request that the applicant '
release the contingency payment. S. Failure to complete wort: in mxordamc with program
specifications and/or accepted standards of workmanship.
VI. Pavm•nt To Contractor
6. Failure to pay all subcontractors working on the project
The contractor shall receive payment, minus contingency amount, for appropriately and/or submit affidavits of payment signed by all
all completed contracts within 15 working days after final inspection subcontractors.
approval. The contingency amount equals 10 percent of the total
contract amount and will be withheld for thirty (30) days. After thirty 7. Failure to obtain proper permits for work in progress.
I
days, if no additional or warranty work remains, the contractor must S. Failure to neat applicants with respect and courtesy.
request from applicant an approval to release withheld contingency
funds. Contractors will be notified of their proposed debarment and will be
A 45 percent interim payment will be made avaibble to the contractor afforded the opportunity to comment or appeal the action. All appeals
upon applicant and inspector approval whets 50 percent of the contract must be made in w 'ti to the Community Development Office at kart
w ork has beta compki d, 15 days aller the date of the notification letter.
An "Ail 13111s i'aiJ" aflnlav it acrd release of lien From all whontruclors Contractors debarred from the Itotneowncr Rehabilitation Program may
nJ suppliers must he submitted by the contractor to the Community no longer contact applicants receiving CDUG or HONIE grant funds
Ikw ctopinent Of ice before payment can be released to contractor. All with the intent of providing a bid for a project.
electrical, plumbing, mechanical, roofing pLi-mils and termite inspection
must also N submitted so the Cranmunily Development office prior to
releasing contingency payment to the contractor.
•
VII. Contractor D•barm•nt
A contractor will be declared ineligible to participate in projects funded
by the City of Denton's I kmeowrter Rehabilitation Program fir one or
more of the following causes:
• 1. Failure to complete a project A ithin Ihu prescribed contract period. •
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2. Failure to complete warranty repairs within a reasonable time j
period fl
3. 1 ailure to use licensed plumbing anJ electrical subcontmcions.
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APPENDICES
Appendix t - General T:rms and Conditions
Appendix 2 - Minimum Rehabilitation Standards
Appendix 3 - Carrying Out Energy-Saving Requirements for
Single-Famity Buildings
Appendix 4 - ScOon g Existing lkwing/Program
APPENDICES Appendix 5 - Qualifying Income Limits and Ranges for the
City of Denton's Federally Assisted Programs
Appendix 6 - Target Rehabilitation Neighborhoods Map
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APPENDIX 1 contract. The applicant further agrees that latent or hidden conditions
it;ENERAI, TERNIS AND CONDITIONS in the proms y which were not included in the original inspection and
work wrilc-up of the City are not the responsibility of the contractor nor
I . Applicant agrees to amply w ith all I IUD requintitcmts w ith resp It to of the City, but remain the responsibility of the applicant.
Title VI of the Civil Rights Act of 1964. to not discriminate upon the
basis of race, color, creed or national origin in the sale, leu a, rental, cr
use of occupancy of the subject property. E. As part of the consideration for providing the funds to rehabilitate
property as described herein, the applicant agrees to maintain and keep
2 Applicant agrees to nor award any contract for rehabilitation work to be the properly in good repair after the rompetion of the work to be
paid for in whole m in part with the proccods of the grant to any performed by contractor, taking into consideration the ability of the
contractor who, at the time, is ineligible under the provisions of any applicant to do so.
applicable regulations issued by the Secretary of labor, United States
Iepartnnent of Labor. the Department of Housing and Urban 9. Applicant shall issue a written Notice to Proceed within thirty (30) days
Desclopmcnt, or the Community Development Office to receive an from the date of acceptance of the contractors bid and proposal. If the j
award of such contract. Notice to Proceed is not received by the contractor within this thirty
(30) day periud, the contractor has the option of withdrawing his bid
3. Applicant agrees not to pay any bonus, commission or fee fin the and pnjxnal. If the corgracior chooses to do this a written notice must
purpose of uNaining the Community 1)evckpment staffs approval of be delivered to the applicant with a copy to the City. The contractor
the pram application or any other appros al of concurrence required by shall not begin the work to be performed until receipt of written Notice
iide I I!K co%kner Rehabilitation Program. to Proceed from the applicant after which the contractor shall begin the
work within ten (10) calendar days of the date of said Notice and shall
I Applicant will Cantunuc to occupy the pnnniws during the rehabilitation; complete said work within silty (60) days or the number ofdays stated
but lie ss ill ceoperate with the contractor in a reasonable manner. in the Rehabilitation contract
5. Applicant agrees that existing house utility services will be made 10. The contractor shall not assign the contract without written consent of
available to the contractor without charge as follows: electricity, gas, the applicant and the City and/or its agent.
• water and telephone {local calls onl)
11. It is agreed between the applicant and the contractor that damages due
6. Applicant agrees that the City sha' he the agent for the applicant and as to delay are impossible to detr:rminne and that in the event the contractor
such agent shall hold the funds ma Lk available to the applicant for the does net complete th work required under the contract within the
rehabilitation grant for the purpose of the disbursement thereof to the specified time, the contractor shall be liable for and shall pay io the City
contractor. as liquidated damages the sum of I percent of the total contract amount
• or $55, whichever is greatest, for each calendar day of delay from the
7. Applicant agrees that it is his sole responsibility to see that the date stipulated for completion in the Rehabilitalicrt Contract until such •
contractoreonnpleles the work specified in his contract to the applicam's work is satisfactorily completed and accepted.
satisfaction and that the City of Denton has no responsibility for any
defects, faulty work or incomplete work by the contractor. 'l lw 12. the contractor shall not he charged with liquidated damages for any
applicant further agrees that the City has no liability for warranty of any delays in the completion of work due to the following:
of dw +%orkmanship or materials furnished by the contractor under the j
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A. Any arts of the go%cmmcnt; iixluding controls or rcArktioas upon 15. Bids or proposals will be submitted at the bidders risk and the City or
or requisitioning of materials, equipment, tools or labor by reason the applicant resen a the right to reject any or all bids or proposals.
of war, Natkmal lkfense or any whcr national emergency.
16. Subcontractors shall be bound by the terns and conditions of the
B. Any acts of the applicant. contract, insofar as it applies to their work. This shall not relieve the
general contractor from the full responsibility to the applicant for the
C. Causes not reasonably, foresceahk by the parties to this contract at completion ofall woes; to be executed under this agreement and he shall
the time of the execution of the contract which are beyond the not be released from this responsibility by any subcontractural
control and without the fauh or negligence of the contractor; agreement he may make with others.
including but not limited to acts of God or of the public merry;
acts of another contract x in the performance of some o(her 17. When adjacent property is affected or endangered by any work done
contract with the applicant, fires, floods, epidemics, quarantine under this contract, it shall be the responsibility of the contractor to take
restrictions, strikes, freight embargoes and weather of unusual whatever steps are necessary for the protection ufthe adjacent property
severity such as hurricanes, tornadoes, etc. and to ratify the applicant thereof of such hazards.
U. Any delay of the subcontractor occasioned by any of the causes 18. Repairs shall he made to all surfaces damaged by the contractor
specified in Subparagraphs (A) (13) and (C) above, provided that resulting from his work under this contract at no additional cost to the
the co4itractor promptly (within 10 days) notifies the Applicant in applicant. Where "repair of existing work" is called for by the contract,
writing of ttoe cause of the delay. If Ow facts show the delay to be the feature shall be placed in "equal to new condition" either by
properly excusable, the applicant shall exicmi the contract lime by patching or replacement. All damaged, loose or rutted parts shall be
a period commensurate with the period of excusable delay. removed and replaced and the finished work shall match adjacent work
in design and dimension.
13. 1 he contractor shall not be held responsible for prccxi ding violations
of law including but not restricted to zoning or building code 19, After the final inspection and acceptance by the applicant ofall work
regulations at the property listed in tit,; contract. Before beginning under the contract including cleanup, the contractor shall submit to the
work, the contractor shall examine the work write-up for compliance applicant for approval his requisition lbr payment. When the required
• with the applicable ordinance and codes for the new of replaced work warranties and the release of liens have been executed by the contractor,
and shall immediately repot any discrepancy to the applicant. Whtte the final payment minus a 10 percent contingency will be made which
the requirements of the work write-up fail to comply with such % ill include any amounts remaining due under the contract as adjusted
applicable ordinances or codes for the new or replaced work, the in accordance with approved change orders and subject to withholding
applicant and the City will adjust the contract by change order to of any amounts due the applicant for "liquidated damages" as may be
conform to such ordinances or code and make appropriate adjustment necessary to protect the applicant against any claim arising from the
• in the contract price unless waivers in w riling covering the difference contractors operations under the contract. Payments will be made •
have been granted by the proper authority. within 10 days of formal requisition for payment. Only one partial I
payment may be made when 50 percent of the work has bee E -
14. the contractor shall comply with all ran-discrimination clauses completed.
l included in the contract; non-compliance will result in termination of
the coruract. 20, A Rehabilitation grant may be made only, to cover the cost necessary to
bring Qw dwelling into conformance with Section A, Existing Housing
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(Xmlity Standards. Tlw ,o categories orrepairs listed below are to be requirements.
included as priority items:
No change orders for recommended or general p,opcrty
A. Required Repa'irs' Code violations nhich create hazardous improvements willbe approved.
conditions in regard to safety or health will generally invoke the
basic heating, plumbing or electrical systems. C. The change order amount is limited to a maximum of 10 percent
of she lotal contract amount. If it is necessary to request a change
13. Recommended Repairs: Code corrcrtiorts or preventive order to make required repairs and the contract is already at the
maintenance efforts which should be undertaken to avoid more program's maximum allowable expenditure amount, a work item
costly future action. of kss priority will be deleted fran the bid proposal in order to
compensate for the added amount. f lowever, if there are no work
(1) Heating. air conditioning, plumbing and electrical items of less priority to delete from the bid proposal, the project's
improvements maximum amotmt must be approved by the Community
(2) WeatherDwtion Development Administrator.
(3) E mcrior wort, such as roofing, siding, painting, step and porch
repair and retaining walls D. Change orders will be used when it is necessary to delete work
(3) Imcrkr work such as renovation and repair of existing kitchen from a contract for any reason. When items are deleted from the
and bath facilities. contract, they shall be at their previously bid amount When items
are deleted, but do not have specific costs, in such cases the
j 11 Mobile Ikimr, are n4 ii eligible for rehabilitation assistance. contract shall be reduced by negaialing the cost at prevailing rates.
l 1w Mnaon County Appraisal District automatically reappraises any E. All change orders shall be executed by the applicant, contractor,
lknix tslxre a building permit is issued. The applicant should be aware and a member of the Community Development staff prior to work
of this fact. If the home is reappraised, yearly properly taxes may also being completed.
increase.
F. Except for the purpose of affording protection against any
23. Change orders mvy be made to cover an item of work which cannot be emergency endangering life or property. the Contractor shall make
determined until sometime during the course of the rehabilitatiort work, no change in the work or rehabilitation, provide any extra or
The Community Development staff shall not consider a change order additional work or supply additional Labor, services or materials
proposed by a bidder that is not called for in Ile contract document beyond that actually required fox the execution of the contract.
prepared by the Community Development Olfice. Change orders will
be considered as follows: G. All change order requests must be submitted by the contractor,
signed by the applicant and approved by the Community
A. ('hinge orders arc used to add word: necessary to correct incipient Development Administrator. No claim for an adjustment of the
items that have been found to he defective after work is in prognss contract price by the contractor or applicant will be valid unless
but were not anticipated at the time the contract was executed. this is dom.
H. Chmge order ragt"s will tK limited to cooly tho w items that must It. The approval d a change order shall constitute authorimion by the
be corrected to mcel Section 8 standards and w city cock applicant and Community Development Administrator to change
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the grant amamt equal to the cost of the work added or dcktcd. A. No member or Dalegate to the Congress of the United States and
no Resident Commissioner and no federal employre shall be
I. It may be necessary to change the time of completion due to the admitted to any share or part of this contract or to any benefit to
a.'dition of terrain work items or delays that are beyond the arise from same. i
contractor's control. I
B. No member of the governing body of the City and no other public ~
J. If the contractor feels that any of the limitations listed above will oflicial of or within the City or County who exercises any
resuh in the incomplete rehabilitation of the structure as specified functions or responsibilities in contxcikn with the administration
in the contract, he may appeal the IimitatNro to the Executivc of[heCommunity DevclopmentPrograms andnoother employee
Director of Planning and Community Developmenl. of the M-partment of Planning and Community Development wbo
exercises any such functions or resfxmsibilities shall have any
24. If the work oompleted is not in accordance with the constructhm interest, direct or indirect, in rehabilitation proceeds which is
contract, a met ber of the Community Development staff shall advise incompatible or in conflict with the discharge or fulfillment of his
the applicant of the non-compliance wfio then shall oMain appropriate functions and responsibilities in conncrtion with the carrying out
aclk,n from the contractor. No payment Oral! be processed M a of the Homeowner Rehabilitation Program. The length of time this
cor inxiion contract until a contractor has satisfactorily completed all exclusion shall be in effect is one year following the ending of
necessary corrective action, term of office and shall be binding upon, but not limited to, all of
the individuals and agencies herein described.
'i. the applicem shall be able to select the color and style of cLdain
materials (i,e. carpel, Ik>lr covering, paneling paint, etc.). No more
than isle scl"Il xn of carpet and v inyl may tx made. No nuvrc than Iwo
inicrhr paint cWices aird two cvtcriov paint choices may Ile mart (main
c011' and trim).
26. '[he content warrants that all materials, fixtures, and equipment
furnished by the contractor and its subcontract.xs shall be new, of good
• title and that the work will be done in a twat and workmanlike manner.
Neither the final payment nor any provision in the contract nor partial
of entire use or occupancy of the premises by the applicant shall
constitute an acceptance of work rkx done in accordance with the
Contract or relieve the Contractor of liability in respect to any express
warranties or roponsibility for faulty materials or workmanship. The
• contractor shall promptly remedy v defect in the work and pay for •
any damage to other work resulti-ie the a from which may appear within
a perhxl of one year from N date -r `,nal acceptance of the work unless
a I,xrger pcri d is spccil icd. the applicant will give Mice of observed
defcch vv ith rcau~nablc prnmptnews.
27. Inte'reS1 of certain federal and other officials.
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APPENDIX 2 and cM running water, counter %tnA space, stowage spare for food and space
MINIMUM REHABILITATION STANDARDS for stowage of cooking utensils.
Roofs: Roofs should not leak and have noevidenceof rotted decking. fascia Stain: All stairs shall provide for lire safety of ascent and descent, All
or soffit. Any roof with two or more laycis of roofing most be stripped to the treads and risers should show no evidence of breakage or have evidence of
decking. If it is delennined a new roof is necessary the decking must be excessive wear, All stairs shall be equipped with handrails.
checked for broken or rotted decking and shall be repaired or replaced as
needed. Where new decking is required the material shall be onahalf inch Utility Arena: Gas or oil fired water heaters or furnaces shall m be located
plyxvoaid or one-half inch waferboard to be used with It clips between sheets. in the bathrooms or bedrooms. In addition to all plumbing and electrical
All roofs that all stripped shall be replaced with new 30 pound felt paper, the codes, water heaters, air corditiorpem and fumaces shall be enclosed with a
proper flashing and m-1al drip edge with 240 pound shingles, Any roof with seakd door and adequate upper and lower combustion air. All washer and
less than a 4112 pitch shall be covered with rolled roofing, with at least 12 dr)er hookups must meet City Code.
inches of lap, if installation of rolled roofing is not sufficient to promote
proper run off roof will be rebuilt. Slraclanl System: The wood, masonry or steel components shall be in
serviceable condition for the expected useful life of the rehabilitated
Siding and Trim: All exterior siding and trim shall be free of holes, cracks building. Structural members which are in seriously deteriorated condition
or rmcd material which might admit moisture into walls. New siding may shall be replaced.
K, applied o idy if the cost of new siding and installation is comparable to the
repair and painting costs of the existing siding. Sagging, non-keel floors will be raised & stabilized as level as possible
w ithout causing interior damage.
Winduws: All windows and hardware shall operate sat6factorily. Cracked
ou Ito kcn wirdo%s shall be nplaced. Window gluing shall be weather tight Termite inspection is required and treatment shall be done if evidence of
and windows shall be weather stripped so as not to allow entry of air and active infestations exist. A certified pest control company will carry out the
water around the glass, sashes or window casings, All windows shall have treatment and present documents of proof zed warranty.
screens and working locks.
Elledrical System: All replacement of existing wiring and equipment shall
• Drainage: The grade of concrete or dirt should drain at least five (5) feet be done in conformance with the National Electric Code and the City of
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away from foundation walls. Denton Code. Any potential source of electrical hazard or ignition of
combustible material shall be corrected.
Site Improvements: All replaced concrete surfaces are to be level with the GFI outlets shall be used in bathrooms, kitchen, garage, and exterior
widths to match the existing surfaces. receptacles. Additiorul outlets dull be added to eliminate extension cords
and, at the request of the City Inspector, to meet City Codes.
All steps bah concrete or wood that pose a threat to the occupants shall be
repaired or, if mtcessary, replaced with treated malerial or concrete. Plamblat: The plumbing system shall operate free of fowling and clogging,
Foandatiaas and Piers: Skirting shall her six (6) inches underground level, and not have cross-comectiom which permit contamination of the water G
If it is necessary to install skirling, new, 22 or 24 gauge skirling shall be supply or back siphonage between fixtures.
uxJ.
All sinks, Lavatories, watercknets, water heater, and otherplumbiag fudures
Kitchens: Kilchens shall lave a sp•:cilic ana which cartains a sink with how shall buve afcessibkeutofl'valves. All fixtures shell have P-traps, necessuy
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vents and he properly connected to a public or private sewage disposal withproper site grading
sy seem, All scaer lines shall have accessibleclcanouts. All water heaters
shall be installed with doublewall vent stack, a py off vah e, and ovcv0utiv CLiwneys and Vents: Furnace and water heater vents shall be double wall
to the exicriox of the structure. vent pipe.
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Mechanical Equipment: All gas tired heating units must be vented with Existing unlined masonry chimrLys having open mortarjoints orcracks shall
d able wall pipe and proper upper and lower cwnbustion air. Unit shall not be removcJ or made safe by installation of a UL. approved flue liner.
he inslaNcd in a living area such as bedrooms or under slaimays.
Vent-a-hood stacks shall be vented through the roof.
Rigid gas pipe must be used to supply heating units with a maximum of
three (3) feel of flexible pipe from the stop to the appliance. All duct work leleriors: All floors, walls, and ceilings shall be maintained in good, clean,
shall be- properly scaled from the bear source to the register vent and from the and sanitary condition. All peeling paint, cracked or kwse plaster, and other
return air supply to the heal source. defective surface conditions shall be eliminated. All doors shall be
operational.
E HVAC dact insulation must be R-4 or greater and pipe insulation must be R-
2 or greater. Carpet and vinyl that is badly worn, torn or too dirty to be cleaned shall be
replaced. This shall be determined by the C.D. Housing Inspector. Existing
Insnlaliun stud Westberization: An R-30 irtwlaiwn value in the attic shall carpel shall be cleaned by a commercial steam cleaner, if necessary,
lR• tcyuind.
BalArvorru: An operational water closet, tub or shower, and lavatory should
F'.xlcrior llunrs: All exterior doors shall txr solid core. All locks shall be be in the bathroom. hot water should f)ow to the lavatory and tub or shower.
cnp.ihle ol'tighlly securing the doxx and shall be readily opcruhic from the Cold water should be supplied to alt fixtures. Eithera window or an exhaust
nsi le without the use of keys. All exterior downs shall be %%cattwr stripped fan must be present to properly vent the bathroom.
w that there is rro significant entry of air or water into the structure.
f Cabinets: Built-in kitchen cabinets shall be repaired up to SO percent ofthe
Porches and Decks: All porches and decks shall be safe and capable of cost of new cabinets. Bathroom cabinets ere not required.
• supporting anticipated loads. All porches and decks in deteriorated condition
and which sore no useful purpose or which are no(economicdlly repairable
shall be removed.
Porches and decks thirty (30) inches above grade shall have guardrails and
flights of stairs w ith four (4) a more risers. They sha!I have a Iwndrail on
• at least one side. 0
Gutters and Dow nspouts: Gutters and downspouls should exist whore they
arc deemed necessary to protxte proper drainage. Gutters w ill rest rxxnmlly
b- installed if they do not already exist.
Downspouts that canrxt be connected to drain tiles shall have splash backs
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APPENDIX J A single-family detached house is a single dwelling unit that stands alone
with four sides exposed. Single-family attached structures are dwellings
such as duplexes (which are, in eflect, two single-family hcwses that share
chapter3 Carrying Out Energy-Saying accxnmonwall)and rowhousesor townhouses(several single-family houses
Requirements for attached to each other.
Single-Family Buildings
In additiLrh, there arc Loge, usually older, structures consisting of 1HO to four
separate dwelling units that ate structurally similar to the single-family
detached house.
flom<s consume about 201: of all the encrg) used in the U.S. Of this This draper pertains primarily kt single family buildings with either a Nood-
artuwnt, about 5,A6 to Wls is used for heat. Another 12 to 15% bents water frame construction (in which wooden studs, joists, and beams make up the
and about 5 to 9*1* is used for air cotrditioning. lighting and appliances take Wilding's frame) or a masonryconstruction. however, the calculation tables
from 12 to 209:, for single-family buildings are applicable only to wood-frame construction
I)M that have cavities in the walls where insulation may be placed.
Since w much of the energy goes for heat and hot water, that is where most
sas ings can be realiM and this is why weatherizing, or retrofitting, a house ENERGY REVIEW
is sot important. Just how much energy a particular hawse will use depends
n min} ful Ks, including: To pinpoint the areas in a single-family building that can benefit frown energy
conservation measures, an energy review is needed. T7te energy review is
I. I he climate w here the house is located. actually part of the rehabilitation inspection. While inspecting the sinxtutal
2 1 he size acrd design of tlw building and its orientatkin to the sun. condition ofa building's roof and walls, for example, the person conducting
3. l low well the building is currently insulated. the insptttion would also make note of insulation needs, the absence of
4. flow cffimively the existing caulking and weatherstripping prevent air storm Ainbuvvs, and so forth. Upon completion of the combined
infiltration. rehabilitation inspection-energy review, he or she would use the calculation
5. %k'hcther the building is air conditioned, tables shown in Chapa 2 to determine the most am-effective measures.
• 6. The occupants' energy consumption habits.
REDUCING HEAT LOSS
Chaper 2 provided an oven iew of the general and particular requirements fur single-family buildings. 'Ibis chapter will help rchabilitalion specialists, As noted in Mptcr
2, HUD Energy Standards recognize that energy-saving
single-family owners, IIUDArca Office pcrsuruxl, and others focus on ways improvements must be tailored to the type of building and the kind of
of reducing heat bas and conserving energy in accordance with those rehabilitation being carried out to all cases, however, the improvements
requirements. must be cost-effective. •
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D E f I N ING A SINGLE-FAMILY BUILDING Inmost }buoy, the first practical steps toward energy savings is blocking the
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ApphInR the Cost ERathe Erorgy Standards Its Rtbobilitaba Projects
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flotc of air into (infiltration) and out of (exfillratioa) the building. To and conducted through glass windows can be a welcome additional source
minimize this heat loss invokes, among other things, caulking or of warmth for a home.
weatherstripping all cracks orjoints including those around windows and
doors that are tightly shut. Reducing heat hss in this way is so clearly cost- Studies have shown that a substantial amount of indoor heat is I" as it
ellcok e, it is a general requirement for any project approval under the 1 IIJI) moves through cracks aril openings in the building, including electrical
rehabititatiar programs mentioned in Chapter I. outlets and switches in outside walls. Major heat losses also result from
convection as warm air moves up furnace flues and fireplace chimneys.
SOME Facts Abool Air Ftnw Caulking and watlrctstrippingare two energy-saving improvements designed
f feat flows from its s4mrce to a colder area. I lot air also rises. For these to reduce this heat loss that causes high heating and cooling bills.
reasons, w hen houses are healed in winter, the hot sir is always trying to g"t
out and Ih: cold air is always try ing to come in. In summer, of course, lire Caulking (This )s ageneral requirement.)
opposite is taw. Aircookd by sir-conditioning will he pushed outside by the Caulking is a very simpk way to greatly reduce unwanted air [low. Filing
tlow of %sarnicr air coming in. cracks and eysenings in outside walls with a caulking compound is an easy,
economical way to realize large savings in energy costs. Ilomeowners can
Moving of heat results from radiuriem, couducliori, or can•ectiar, or sane maximize their savings, of coux by applying caulking themselves rasher
combination of these three. than paying some else to do it. It is not a difficult job.
Radiation occurs when a source of heat, such as the sun or a hot radiator, 'Ahen setecling caulk, note that materials ofdifferent quality are available.
end. cur heat waves. I Icat ra&lio n through glass windows is welcomed in There are three basic types of cautk. Od- or resin-&zedcaul4 is [be lease
ihv o ntler, but in the summer, it can introduce unnecessary heat into a expansive, but it is also the least efTeclNe. It is readily available and will
bud JinF bond to must surfaces, but it leads to harden and crack after 2 to 4 years.
Some how-to guides advise against using it.
Conduction is the flow of heat through one physical material to another or
just out into the air. Insulating materials help to reduce heat conduction [Jtex and butyl-based caulk&wea little more experuive,but they are mucb
substantially. mcwe durable than oil-baud caulks. They usually Iasi from 6 to 20 years and
hold up well to building expansion and contraction caused by changes in
• Comectioo occurs because warm air is lighter than cold air and will move tcmperanue.
upward As cold air becomes warm, it rises. hiorc cold air moves in to
replace it, and it too becomes warm and rises. An air current dexetops that Flastoaeric caulks, such as polyure-thanes, silicones, or polysulfides, are the
moves heated air arewnd a space in a predictable direction. For this reason, moss durable and most expensive caulks. They will last :0 years cw more
most heating dev ices are put in or close to the fkur. and are exceptionally good at withstanding the type of expansion and
conuactioln caused by extreme tanperature fluctuations. Elastonwric caulks
• Combinations are frcquenth involved in the movement of hot air. Radiators can also be used with fuller materials, such as oakum, caulking cotton,
radiate heal and warm and entire room due to convection. Radiators also spurge rubber, or fiberglass, to close large cracks,
conduct through their ute9al casing. In Lee winter, heat radiated by the sun
Appll lag the Cost Effinlise Energy Standards In Rehabilitaion Prudocts _
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Anse caulking compound conies in tubes. Directions on the tube 101 how to
cut the norrle and apply the compound with a caulking gun. Caulking guns Rolled, or flexible, vinyl is durabk and easy to install. It is made with a
are ine.xpensivc and readily available at hardware shies and building-supply metal backing fax doors and without a backing for windows.
houses.
Felt aMl foam-rubber weatherstripping am inexpensive and easy to install,
Apply caulking to all fixed joints, for example: but they are not very durable. Ty!y tend to shrink after a short period of
time. Some types have a self-adhesive backing, 'these types shoutd never
• Around windows and doors where frames meeting siding be used where friction occurs.
■ Bctwecnwindowsills and siding
■ Belween plates and foundation Door sweeps, consisting of vinyl or felt-backed metal strips, can be applied
■ Around all holes for pipes, ducts, or electric conduits through outside to the bottom of doors to reduce air filtration.
%s al Is
■ Around all holes through a wall separating healed and unhealed spaces, play how-to guides are available to peox detailed, -step
such as attached garages, storerooms, or attics at thec nd for installing weathcrsiripping. Some of these guides s are arc fisted
111 Wmeen unheated porches and the main body of the house at end o of this chapter.
■ Where the chimney or masonry meets the siding INSULATING REPLACEMENT IIVAC SYSTEMS (This is a general
■ Around the outside of water faucets
requiterrlerll asy l Cie system is berg tepkaced. M is tsesirabie at tuber times f the
pipes are axessibie.)
I his li.t is not evlnustivr. For more informalion, refer to the reference
goOvs suggeskd at IN. criJ of this chapter. Bccausc of conduction, as much as 40Ye of heating and cooling energy can
be lost through uninsulated pipes and ducts in cold areas. For this reason,
Nk I.A'I11ERSFRIPPING (This isgerleral reduiremet,t) irlk-n replacing hearing, ventilating, urld air-comlitioning s>srrms, HUD
Energy &amlards require Char all pipes and durst be insulated.
11'calhcrslripping, like caulking. reduces unwanted air tlocv. Caulking is
applied to fixed joints; weatherstripping is applied to the moving parts of All supply and return pipes and ducts in the new HVAC system should be
• doors and windows. Wealhmtripp ng canes in strips of thin-spring metals, insulated to the following specifications whenever they run through
rolled vinyl, felt sweeps, or foam rubber. These materials help to seal unconditioned spaces: duct insulation must be R4 or greater, and pipe
windows and doors lightly to prevent air leaks. Whilemost w'ealherstripping insulation must be R-2 or greater. (Refer to section on insulatica later in this
ca be applied to both doors and windows, some types are designed to be used chapter for an explanation of R-Values.)
on either one or the other.
It is not diflicuh to insulate pipes and ducts. Duct insulation generally comes i
• Thin-spring metal weatherstripping can be used on bah doors and in blankets I or 2 inches thick. A vapor barrier should be attached to the
windows. Though it is somewhat diflict:lt to install it is the most durable extcrioc sick of insulation for air conditioning ducts. Seal the insulation
(and most expensive) Iypc of weatherstripping. 11 is virtually invisii)le when joints tightly to stop condensation. Before you insulate, seal all ducts seams
n place.
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Appl~ioR the ('ost Effective Energy Slaadards la Relrabititalos Projects
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lightly and tape any leaks. Various how-to guides discuss Ile application of building needs may run longer but w ill use less furl because it burns fuel at
pipe and duct insulation. (See reference at the end of this chapter.) a slower rate.
Pipe insulation is available either as urcihaix foam or fiberglass. Urellkend For those reasons, the Energy Standards require replacement IIVAC systcros
fiKUn can be purchased as a foam tube 6 to 8 feet long, I'o apply, simple to hase high-efficiency systens and burners [hat are not oversized by more
make a slit along the side of the tube and slip it over the pipe, scaling it with than 155:. A competent installation contractor can determine which systcm
duct tape at the joint. is most e(f icicnt f or a residence.
Fiberglass pipe insulation olden comes with a paper harrier backing. Ibis The c(iciency of a system is often affected by its size, relative to the
backing may not be suitable for use as a vapor barrier. Ile sure to read the building nerds, as well as by any changes made to save fuel. An energy -
instnctiors. 'ro apply fiberglass insulation, make a slit down the length of conserving impruvement-such as installing insulation in ceilings and walls 1
the side of the fiberglass and % rap it around the pipe. Seal the joints with or adding storm windows-can cause a heating system to become oversized.
duct tape or the paper ticking. It is a good idea to recheck the system after making modifications and
correct any oversizing. Oil or gas systcm pars can :omctimes be repaired
Unlike heating and cooling sysirtns, insulation a home hot-water pipes for or replaced at minimal effort and expense. For instance, the amount of fuel
domestic systems are used only sporadically. A rehabilitation specialist consumed by an oil furnace may be reduced as much as 2D% simply by
shoulJ drternnine whether it is feasible and cos:-effective to insulate the tat- repairing a faulty burner nozzle or by installing a smaller one. Although
w awr pipes such modifications do rod require replacement of the entire IIVAC system,
they are generally costeffeelive and should be considered.
It I G I I-E FF'IC I ):N C Y I I V A C SYS'TF ill S (This is a general requirement only
if the system is being replaced. It is des rable at all times d Ube present system is ADDITIONAL. ENERGY CONSERVATION MEASURES (Required oNy
oversized) J cost-effective )
A I IVAC s)stcin that is improperly adjusted or is poorly suited to a building The Energy Standards require such thermal improvements as the installation
may waste an enormous amount of energy. For instance, a system that is of insulation and storm doors and windows only if it is cost-effective and
"oversized" operates inelTicicnlly. An osmized system is one that produces feasible to do so. (Sce Chapter 2.) If the proposed rehabilitation requires the
• more heat or air-conditioning [ban the space it is sen icing requires. For removal of niteriorcr exterior walls, ceilings, or floor coverings, the level of
example, if a heating system runs on a steam boiler, it wxwld be iixfTtcieni insulation may need to be upgraded. If h involves replacing window sashes
to hold more water than is needed to heal the hawse. The oversized s) stem or similar extensive repairs, storm windows and doors may also need to be
bums rucl and heats up the room tow quickly. mwl then shuts off. Excess heal added.
that ordinarily would have been pushed into the room by a properly sized Although the Erxrgy Standards only require that these measures be taken
systcm now merely remains insulation the pipes because the systcm is turned insulation that poction of the building being rehabilitated, consideration
off. Often this excess heat is lost thrcxrgh th-- furnace flue or simply cools should also be given to adding insulation in attics and installing storm doors
okmo in the pipes. Funhennore, the constant on-an l-offactkin of the system and w irwiows where and" hcnevc-r it is cost-effective.
wastes fuel. Insulation contrast, a properly sited system that malchcs
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AM lying the cost Ffreclise Fnerty Standards In Rehabiliraiu■ Projects l
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Ahhorgh viol required if the structural compoxrcuts is not affected, such previously installed, the R-value can be estimated by first measuring
inlprovernems can save a considerable amount of energy and reduce fuel insulation inches the thickness of the insulation. This figure is then
costs signilkanlly. multiplied by 3.0 for an approximate R-value.
In most circumstances, if the energy savings do nut pay for the required Jtwre are xvcral types of insulation: baits and blankets, loose-fill, and rigid
improvements over either the Wm of the loan or the useful life of the board. (The U.S. Consumer Product Safety Commission has barred the used of
improvement (whichever is shorter), the improvement should not be made. formaldehyde bam milabont.)
(ScY Chapter 2 for procedures to determine cost-efl'ectiveDess.)
Salt mad blanket lasplatiow like most home inspeclkm, is made of mineral
Insulation (This is required 0 cost-eRO a and when rehab daifion involves Vial Finks, either processed fiberglass or r.)ck wool. Salts and blankets are used
portion of the building b be insulated.) to insulate unfinished attic floors, unfinished walls, and The underside of
An adequate keel of insulation will benefit a house or a building insulation fkxrs. This type of insulation is best suited to a standard joist or rafter
may ways. Insulation slows down the rate of heat conduction, keeping heat spacing of 16 or 24 inches. Both baits and blankets come insulation widths
insulaliat liv ing areas for longer time periods. As a result, less heat is rscd of 15 and 23 inches. They arc available either with or without vapor barrier
insulation winter and air conditkmtrs usually operate for shorter periods in backing. Batts generally come insulation section 4 a g feet long. Blankets
summer w ithoul sacrificing comfort. come insulation long rolls that are cut to the desired length for installation.
AIMIL1.1le insulation may also affect the cRwiency of heating and cooling loose-fill Insulation is either poured in of blown into floors or walls.
syNtcros oihl pennit -dounsiring." For instance, more efl'kient fumaccs, Poured insulation loose-fills is made from cellulosic fiber, rock wool,
Inv nu~c !loos. air canddiottcrs. and duct s,stcros may tx installed. Smaller, fiberglass, granulated cork, vermiculite, slag, and other fibers. It is used to
umrc clli, iou units tK olnsnsired rnurks may be ponsible to use to improve insulate unfinished attic floors. Blown-insulation loose-811 is made from
cfli:icncy and savings. Additionally, insulatioon helps to sound-proof. celluloscfiber,rockwoolcxfiberglass. It is used to insulaleunfinishedattic
Itccause it is usually fire resistant. insulation may sere as a deterrent to the floors, finished attic flocs, and fmished frame wails. It can be poured into
spread of fire, the cores of masonry blocks, loose-fill insulation is the best type to use for
irregularly spacedjoists or raflers or insulation areas where there are many
The type of insulalk)n and the best installation method may, vat), from one obstrucliors. If anexWing wall has any insulation, or if a vapor barrier does
case to antAlwr. The level ofeffectiveness of an insulation material is stated not exist, or if not being made accessibk, the Energy Standards do rat
as its R-value is the degree to which a material is able to resist heat now. require blowing or pouring additional insulation.
the higher the material's R-value, the greater is its ability to insulate.
Building materials as well as insulation materials have different R-vahres. As loose-fill insulation, cefl>rfask fiber has approximately awe more
lheso must be considered insulation determining the total thermal resistance insulating value than rock wool fa the same number of inches installed. It
of a building. is chemically treated for fun and moisture resistance. Check the bags, whicb
• should be clearly labeled to show the material meets federal specifications
Most utsulation packages list the R-value of the contents in compliance with lef fire resistance.
Federal Trade Commission (FTC) regulations. However, fix insulation
Applying the Cost Efrecthe Energy Standards ea Rehabilitsion Projects
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Rigid board Insulation is made from fiberglass, polystyrene, and
p,A)urcthanc. It is usually 10 to 24 inches wide and 48 irehcs kvg and If it is nut possibk to install storm doors and windows throughout the
canes insulation a variely of thickness with a high insulating value. this building, they should be installed on the sides facing north and toward the
type of insulation is inwiation basement walls, on the outside of stud walls prevailing winds, where they will be most cost-effmik c Insulation existing
as sheathing, or as perimeter insulation on masonry walls aml insulation houses, storm windows tend to be more cost-effective than double-pane `
cathedral ceiling. Polystyrene and polyurethane rigid board installed on Ile windows fur two reasons: They reduce air infiltration around the window
insid. wall surface must h covered by Yrinch gypsum wallboard for fire sash, and they are less expensive to install.
resistance and should be installed by a reputable contractor. A number of types of storm windows are available
Storm Doors and Windows (This is required only if cost-eflecM and wfien Single-pant `tAss, plastic sheet, or rigid plastic storm wladows are easily,
rehabilitation involves toil portion of the house) installed insulation the fall and removed insulation the spring.
A rehabilitation specialist will dctetmine whether the application of storm
doors and windows is feasible and cost-effective, Storm windows are Triple-track glass or eombinatiom storm windows arc used fox double-
usually a good idea. However, three layers of window glass are not hung or sliding windows. These cone with screens wid can be easily opened
recommended. Thee layers are cost-etli-ctive cxtty when existing windows and closed for ventilation. (Double-track units without screams are available
are double-glazed or when the sash is eompkicly replaced. If the sash is at a bwercost.) If installed properly, plastic sterna A undows are as effccwve
replaced, insulating frames should be installed insulation very cold areas. as glass ones.
A skrm okxxcK thermal door is rucanmdmeled if the primary door is hollow- MOISTURE PROBLEMS
rare or if it is more than 250,: glass. A storm duor is a glass door that is
i st.dlyd outside of the primary door. A thermal doer is a tight-sealing door After thoroughly insulating and weatherizing a house, moisture problems
made with insulating material cunt is installed insulation place of The primary could occur because all the leaks through which moisture could escape have
Jdxx. beam cksed off. Insulation the hone, people generate moisture from bathing,
cooking, and body heal. There is always moisture and ventilation are two
Storm doors and windows educe heat loss and air infdtraiioi, by creating a simple answers to this potential problem.
dead air space between themselves and the primary door or window.
Vapor Barriers
Storm doors and windows may be installed in several ways. Make-it- A vapor barrier is a specially treated paper, thin plastic sheet, or low-
yoursclf doors and winduvss are assembled by the homeowner and then permeance paint that prevents condensation of water vapor inside the house.
installed. Ready-made doors and windows come already assembled and are The term "vapor barrier," which is commonly used in construction, is
purchased insulation the most suitable size. Custom-made doors and somewhatmisleading. Vapor barrimdonotcomp)etelybar the transmission
windows Pre specially made to the exact measurements. Custom-made of water vapor. They arc actually vapor-resistant membranes that should
windows and doors fit best and last longer than the other types, but they are have vaporpernwanace (the rate that moisture can pass through materials)
pure expensive. Regardless of the type installed, skim doors and windows of not more than one prrn (see Glossary). For this reason, the term "vapor
should fit w ell and be properly caulked and wcathcntripped. retarder" is often used for vapor barrier.
~I
Applying the Cost Efreciive Energy Standards to Rebabilitalua Projects
Page 27
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If additional insulation is put in, be sure that a second vapor barrier is not
Moisture generated inside tries to move out of the building. (See Figure].) applied between layers of insulation. A wond vapor barrier would trap
moisture between layers of insutaikv and eventually ruin it. Moisture that
is trapped within a building wall could also cause the structural members to
rot. Consult an energy auditor or rehabilitation specialist for the proper use
of vapor barriers in ceilings.
e
F-gmrt I FLOW OF SfOISTURE IS A MUM \ealtlalioa
proper ventilation in attics is important to remove excess moisture from the
0[J] S1DE 1Y51DE house. If an attic has insulation but no vapor barrier, a good rule of thumb
for determining the minimum ventilation arts is to take the square footage
Cold Alr Warm An of the floor are of the attlo and divide it by 150. Thus a i,500-square-fod
attic should have 10 square feel of clear unobstructed ventilation area (1,500
WARM VAPOR - 150 = 10 sq, fl.). If the attic has both insulation and a vapor barrier, find
BARRIER the ventilation are by dividing the floor are b 300 (for example, 1,500 + 300
= 5 sq. fl.).
f o -4-
FLOW OF Attic r.ntilation works best with two or more vents to permit circulation of
htOISTLRf
air. If possible, use a high and a low vent at the bottom of the roo(line and
~
a gable of ridge vent in the upper part of the roof.
E.uriarSuriice COLD VAPOR
BARRIER CASE STUDY
laralaaoa
ii The following case study is intended to show how rehabilitation specialists
determine the best application of the energy-saving improvements to a
rehabilitated dwelling.
• j
Examia[ag a Slagle-Faadly Have it
I The owners of a single-family home in Boston have applied fora Section 312
Rehabilitation Loan. They have been told that they are eligible for a loan at
Vapor barriers are important because they stop this moisture in a warm area 3'/a fix 20 yeah. A rehabilitation specialist has urldeAaken and energy
w here it A ill not corkiense. For this reason, vapor barriers should be applied «view, and has obtained the following information:
• to the plasterboard or drywall or a wall or ceiling next to existing insulation •
and on the tsarm side of insulated floor section over crawl spits. 9 I leasing oil at $1.05 per gallon in used to beat the house.
■ Ekclric air-conditioning at $0.08 per Kwh is used to cool The house.
-
Apply IaR nEe Cost F,fredn a F.acrty St-andards in -FtAmbildslos Projects
Page 28
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■ [Boston has a total of 5.634 heating degree days, recommendations comcming the application of improvements.
■ Ik son his a total of 800 cooling Kwrs.
■ The current ceiling insulation has a value of Rehabilita6on-2. 'Ili re is Ccilisgs
no insulation or vapor barrier in the nulls and no insulation in the floor Although the ceiling does not have a vapor barrier between the rock lath and
over the basement. current insulation, if adequate ventilation is provWLJ, a vapor barrier can be
omitted. Since the recommended insulation level is R-38 and the current
The rehabilitation specialist also noted that the basement and attic nrre not insulation value is R-2, Table 6 (page 12) indicates that as much insulation
heated and the windo As are all single-glued. No rvplacement of mechanical as possible should be added up to the R-38 keel. Thus it is cost-effective to
equipment is recommended at this time. Using this infLwmation and add approximately 9 inches of batt and blanket insulation up to the depth of
calculation tables as shown in Chapter 2, the rehabilitation specialist the structural member.
develops the following summary chart:
W'a11s
Since no interict valor b.vrier and no irsulatim currently exist, an effective
SUMMARY CHART
I Boston vapor barrier and insulation shoukl be installed up to the level of R-13.
■ Section 312 Rehabilitation loan program Loose-rill or hatt and blanket insulation could be used.
-----(Finance terms, 20 years ~3%~----------___---
Fuel T Floor (Over Unkea!ed Space)
~e-- - The recommended insulation level of R- 19 can be achieved within the depth
Building ta{ Gas Electnct) of the joists. however, due to the presence ofekcu cal wiring, piping, and Kwh Component -@ S1_OSJgaI _ @ f0.55lherm _
__@-- 08 _
Ceiling R-38 R•38 R-38 bracing in the basement ceiling, the installation of insulation might not be
Hoof R-19 R•19 R•19 aunt effective. lnstallativr cost-estimata shoukf be rcviutived before decision
Wan R-13 R•13 R•13 is made. E
Glazing Double Double Double
Door _ Storm or Thermal Stone or Them>a! Storm or Them>al Windows
Planning the Rchabilitstio■ Since the primary sashes for windows on three walls are going to be
The proposed rehabilitation involves the removal of covering for three replaced, double- or triple-glazed windows could be added. however, while
• evtvri x walls and most of the ceilings. Removal cf floorboards over the double-glazing conductive heat lots, it is not as etfective at reducing air
unheated basement will also be necessary'. Replacement of the primary infiltrator as storm windows, Thertforo, storm windows shmId be applied
storm sashes is contemplated where exterior walls will be removed. A to all windows.
vestibule is planned for the front entrance, which should help to conserve
Uo(r
cncrgy.
The proposed vestibule prevrnts the need for a storm or thermal door at the
• Appl3 ing Eaerg).Saving Improvements front entrance. However, for side and back entrances, storm or thermal doors •
Gi%en flue lxquscd rchabilitativxv and the rccommcn&d cncrgy-saving should be installed.
impruverneots, the rehabilitation spvciatist can make the following
Z
_ k
Appl) ioR IEe C'ml Effecriv a Enrry~' Slaodardr In RehabilNaiun ProJeNs ~
Page 29
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Building Envelope a similar consumer-oriented office) maintained by most local utility
Caulking and weatherstripping should be applied tsherever it is nonexistent companies.
or inadequate. Since the building is located in a cold climate, a durable
ciastomcric caulk should be applied. Spring bronze weatherstripping is
recommended for doors and w indotvs since it is the most durable type.
RECOMMENDED READING
Several weatherization guides are available to help make homes energy
efficient. The following three bookkts are particularly useful.
Insulation Manual: IlonteslApartments. 2nd Edition (Prepared by NAIIII
Foundations, Inc., Rockville, Mar)land, September 1979, 148 pages). This
detailed guidebook discusses all aspects of insulation. A variety of
installation techniques are covered, most of which assume some basic
ktsowk-dge of construction on the part of the reader.
Ilow to Save Money by Insulating Your ]tome (Fcdvral Energy
Administration. Natknal Mineral N'.x~l Associatkm, Inc., September 1974,
I6 pages). I his well-illustrated gunk discusses installation techniques for
we:nhcrstripping and caulking as well as insulation. (Available from Office
of Weatherizatlm, D.C., :4361. Also available from National Mineral Wool
Associafiar, Inc., Summit, NJ., 07901. Price -310, discounts for large
orders.)
In the Hank or Up the Chimney? (Department of Ilousing and Urban
• M%elopment, April 1975, 72 pages). This guidebook provides simple,
detailed instructions, for either contractor or do-it-yourself installation of
caulking. Acatherstripping, storm dams and windows and insulation (attics,
floors, and walls). (Available from Superintendent of Docum-mt, U.S.
Omernment Printing Office, Washington D.C., 20402, Stock Number 023-
000-00297-3. Price 51.70.)
• Another excellent resource for free publication on do-it-yourself •
ucalherization technigws is the Residential Energy Scrv ices IXpartment (or
Applying the Cost E.fferthe Energy Standards in Rehabititaloa Projats
Page 30
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APPENDIX i including facilities for temporary storage where
S►:(TlON R EXISTING IIOl1SING/PROGRAI• necessary (e g. garbage cans).
S-882.109 I lousing, "intity Standards - !lousing used in this program (C) Space and Security - (i ) Perfonivance Requirement. The
shall mat the Perfix,nance Requirements set forth in this dwelling unit shall afford the family ac-quite space and
xYtK~tt. In addition, the Kcusiog shall meel the Acceptability security. (2) AcceptaNlity Criteda.
Criteria set forth in [his section except for such v ariations as
are proposed by the PIIA and approved by HUD. Local A living room, kitchen area, and bathroom shall be
clinu.lic or geological conditions or kxal codes arc examples present; and the dwelling unit shall contain at least one
which may justify, such varlatiotts. sleeping or IN ing/skeping room of appropriate size fix
each two persons. Exterior doors and wutdows
(A) Sanitary Facilities . (I) Performance Requirement The accessible from outside the unit shall be lockable.
dwelling unit shall include its own unitary facilities
which are in proper operating condition, can be used in (D) Thermal Enviroromcnt • (1) Performance Requirement.
privacy, and are adequate for personal cleanliness and The dwelling unit shall have and be capable of
the disposal of human waste. (2) Acceptability Criteria. maintaining a thermal em'ironmenl healthy for the
A flush toilet in a separate, private room, a fixed basin human body. (2) Acceptability Criteria. The dwelling
with hot and cold running water, and a sAnscr roc tub unit shall contain safe heating and/ow cooling facilities
0o ith hod and cold running water shall be present in the which are in properoperating condition and can provide
duelling unit, all in proper opcrating ccxtditkin Anse adequate heal and/or cooling to each room in the
Crlilitivs shall utilize an approvcd public or pivate dwelling unit appropriate for the climate to assure a
divpisal system. healthy living environment. Unventcd room heaters
which burn gas, oil or kerosene are unacceptable.
(ld) Fakd PrcparatHm turd Refuse Ihsposal - (1) Perfottnarwe
Requirement. The dwelling unit shall contain suitable (E) Illumination and Electricity - (1) Performance
space and equipment to sAxe, prepare, and sme foods Requirement. Each room shall have adequate natural or
• in a sanitary manner. There shall be adequate facilities artificial illumination to permit nomul indoor activities
and services for the sanitary disposal of loud wastes and and to support the heahh and safety of occupants.
refuse, including facilities fex lempeuary storage where Sufficient electrical sources shall be provided to permit
necessary. (2) Acceptability Criteria. 'Ihe unit shall use of essential electrical appliances while assuring
contain the following equipment in proper operating safety from fire. (2) Acceptability Criteria. Living and
condition: cooking stove of range and a refrigerator of sleeping rooms shall include Pt kast one Ain&w. A
• appropriate sire fur the unit, supplied by tither the ceiling of wall type light fixture shall be present and
applicant cx tle Family, and a kitchen sink with hot and working in the bathroom and kitchen area At least two
cold running water. The sink shall drain into an electric outlets one of which may be present and
approved public cx private system. Adequate space frx operable in the living area, kitchen area, and each
the storage, preparation and sming of ford shall he bcdroom area.
provided. I here shall he adequate facilities and scrxices
for the sanitary disposal of ftxxd wastes and refuse, (F) StructureandMaterials-(I)PerformanceRequirement.
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lbe dwelling unit shall be structurally sound so as not dwelling unit shall be it compliance with HUD Lead
to pose any threat to the health and safety of the Based Paint regulations, 24 CFR, Part 35, issued
occupants and so as to protect the occupants frorn the pursuant to theI-cad Based Paint Poisoning Prevention
emir,mment. (2) Acceptability Criteria. Ceilings, walls Act, 42 U.S.C. 480), and the applicant shall provide a
and flaws shall not have any serious defects such as certification that the dwelling is in accordance with such
severe bulging or leaning, large Iwlcs, loose surface IIUD Regulations. (ii) If the jvopctty was constructed
material,,severe buckling or noticeable movement urxkr priox to 1950, the Family upon occupancy shall have
walking stress, missing parts or other serious damage. been furnished the notice required by IIUD Lead Based
The roof structure shall be firm and the roof shall be Paint regulations and procedures regarding the hazards
weather tight. llu exterior wall structure and exterior of lead based paint poisoning the symploms and
wall surface shall not have any serious defects such as treatment of lead poisoning and the precautions to be
serious leaning, buckling, sagging, cracks or holes, Bose taken against lead poisoning. (2) Acceptability Criteria
siding, or other serious damage. The conditiwi and Sarre as Performance Requirements.
equipment of interior and exterior stairways, halls,
porches, walkways, etc., shall be such as not to Present (d) Access - (1) Performance Requirement. The dwelling
a danger of tripping or falling. elevators shall be unit shall be usable and capable of being maintained
maintainwd in safe and operating condition. In the case without rnatRhorized use of other private properties, and
of a mobile home, the home shall be securely anchored [be building shall provide an ahemate means ofcgress in
by a tic-down device which distributes and transfers the case of fire. (2) Acceptability Criteria. "Be dwelling
loads im;x6cdd by the unit to appropriate ground arwhors unit shall be usable and capable of being maintained
so as to resist wind overturning and sliding. without unauthorized use of other private properties, and
the building shall provide an alternate means of egress in
(G) IntLTkwAirQuality -(1)Performance Reyuirement.T}k case of fire.
dwelling unit shall be free of pollutants in the air at
levels which threaten the health of the occupants. (2) (K) Site and Neighborhood - (1) Performance Requirement.
Acceptability Criteria. The dwelling unit shall be free The site and neighborhood shall be reasonably fm from
• from dangerous levels of air pollution from carbon disturbing noix and merbetatiom artd other hoards to
monoxide, sewer gas, fuel gas, dust, and other harmful the heahh, safety, and general welfare of the occupants.
air pollutants. Air circulation shall be adequate (2) Acceptability Criteria. The site and neighborhood
throughout the unit. Bathroom areas shall have at least shall not be subject to serious adverse environmental
one opanable window or other adequate exhaust conditiorts, natural or man-made, such as dangerous
ventilation. walks, steps, instability, flooding, poor drainage, septic
• tank backups, sewage hazards or mud slides; abnormal
(11) Water Supply - (1) Performance Requirement. The air pollution, smoke or dust; excessive noise, vibration •
water supply shall be free from contamination. (2) or vehicular Iraf k; excessive accumulations of bash;
Acceptabitity Criteria. lbe unit shall be sened by an vermin or rodent infestation; or fire hazards.
appru%L d Public or private sanitarywater supply.
(L) Sanitary Condition - (1) Performance Requirement. The
(1) Lead 1"-,dd Paint - (1) Pcrfunnmoce Requirement. (i)'Ibc unit and itsequipment shall be in sanitarycondition (2)
i
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Acceptability Criteria. The units and itsequipment shall
be free of vermin and rodent infestation.
(M) Congregate Housing. The foregoing standards shaft
apply except for paragraph (b) of this section, Food
Preparation and Refuse Disposal, In addition the
following standards shall apply:
(1) The unit shall contain a refrigerator of appropriate
size.
(2) The central dining facility (and kitchen facility, if
any) shall contain suitable space and equipment to
store, prepare and serve food in a sanitary manner,
and there shall be adequate facilities and services
for the sanitary disposal of food wastes and refuse,
including facilities for temporary storage %shere
necessary (e g., garbage cans).
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Page 33
1 • ' r.'1 5..5 r ~.,qt}I n; It A.t w~~"u►Z~...'~L ►~r~~~~.rJ .l4 L`i e~til! y~`~~_~ ; ,
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1
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f 1
` APPENDIX 5
Qualifying Income Limits and Ranges
for the City of Denton's Federally Assisted Programs
60% Payable Loan 1 40% Payable Loan 1 ~f 20-% Payable Lan 1 10% Payable Lan 1
Family 20% ().farted Lan 60% Deferred Lan 80% Deferred Loan 90% Deferred Loan
Six$
80% AMI - <65% AMI 65% AMI - e50% AN 50% AN - 00% AIM -Ox AMI
1 $29,300 - $23,79
1 $23,790 . $%,301 518,300.510,981 510,980 of Below
2 $33,450 . $27,171 $27,170. $20,901 $20,900 - $12,541 $12,540 or Below
3 $37,650. $30,616 $30,615. $23,551 $23,550. $14,131 $14,130 or Below
4 $41,850.533,996 $33,995. $26,151 $26,150 - $15,691 $15,690 or Below
5 545,200. $36,726 $36,725 . $26 251 $28,250. $16,951 $16,950 or Below
6 $48,550.539,456 $39,455. $30,351 $30,350. $16,211 518,210 or Below
7 551,900 . $42,186 $42,185 • $32,451 $32,450 - $19,411 $19,470 or Below
8 W,250 .$44,851 $44,650 • $34,501 $34,500.520,701 $20,700 or Below
In these two part loam categories the:
1?A1tW (m is basal on a percent of the total cost to rehabilitate or reconstruct with payment 6nxxtizcd over 120 months (10 years) at a 3 percent
interest tale (APR)
0 Urferred L'yytnenl Lora is based on a percent of [he mal cost to rehabilitate or reconstruct and carries a zero percent interest rate. The deferred
payment loan continues until the applicant satisGcs the conditions listed in the Decd of Trust and Pnxnissory Note (executed prior to the project
dart (late). J here arc no nxmthly payments, Mrcrrnd paynwnt loans are secured by a lien on the property. The lien is for 120 «tonlhs (10 years)
Page 34
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s~r r t'> 0.
~ -arri~w■MMM~ . ..vt.r.....wt .n~,,~1-sue - ---~..r'....
•
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r •
APPENDIX 6
Denton, Texas
Target Rehabilitation aj
Neighborhoods Map
cola LI.Iw/
row
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ApeMe Ho.~LI~
Apendi hem
Date__ ~D-U-97
CITY COOMCIL REPORT
TO: Mayor and Members of the City Council
PROM: Rick Svehla, Deputy city manager
DATE: October 21, 1997
BUBJ: Consider adoption of an ordinance for operation of the City
of Denton's Rental Rehabilitation Pro9ran and eligibility
criteria, reauthorizing expenditures in excess of $15,000
for projects meeting the guidelines and criteria.
I
RINCOMMENDATION1
Staff recommends approval of this ordinance.
gy1QKARY:
This ordinance approves guidelines and eligibility criteria
for the 1997-98 Rental Rehabilitation Program. Passage of
this ordinance reauthorizes project payments that exceed
$15,000 when the project meets the program's eligibility
criteria and guidelines.
On August 6, 1996, City Council adopted the amended 1994
Action Plan for housing and community development activi-
ties. The plan included the use of $55,136 for the City's
Rental Rehabilitation program. The number of units assisted
with theso funds will range from a minimum of 5 to a maximum
of 11 single family rental units located in targeted
neighborhoods. Owners provide matching funding.
The Guideline's Qualifying Income Limits are being adjusted
f to meet HUD's annual qualifying income adjustment. No other
changes to the guidelines are being made.
i
PROGRAMa._ aEPARTid A OR GROUPS ArZICT2W
Tenants and owners of substandard rental units
Local Contractors
Lending institutions
• Community Development staff • U
Page 1
Report Format
October 21, 1997
Page 2
718CAL IYPb
The program is funded from the 1996 CDBG allocation and
rental rehab program income.
Respectfully submitted:
Rick Sve a
Deputy City Manager
Prepared by:
I,D
Barbara Ross
Community Development Administrator
i
!?proved:
Dav M. Hill, AIC ASIA
f actor planning i Development
•
i
Attachments:
Copy of ordinance
Copy of Rental Rehabilitation Program Guidelines
Page 2
0
• ~y~.~ ~ ..S ~~„iIt ! 1~J~~ <,1' yM ,1 ~,ii ~ { f'y, FV y`~tii ti~r~ )~~~L,, -~Y.
r . ra
•i
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAH AND
ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000
FOR PROJECTS MEETING PROGRAM GUIDELINFS AND CRITERIA; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the
need to assist low and moderate income families in securing safe,
sanitary and decent housing; and
WHEREAS, the City of Denton has developed a program to
rehabilitate tenant occupied housing units by making needed repairs
through its Rental Rehabilitation Program, which is administered by
the City of Denton Community Development office and funded through
a federal grant; Now, THEREFORE,
THE Comm OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council approves the Rental
Rehabilitation Program Guidelines and eligibility criteria attached
to and made a part of this ordinance for all purposes, and
authorizes the City of Denton Community Development to administer
this program,
SECTION II. That the City Council authorizes the expenditure
of funds in excess of $15,000 by the Community Development Office
for projects meeting program guidelines and criteria, subject to
compliance with competitive bidding laws where applicable.
SECTION 111. Thit this ordinance shall become effective
immediately upon its passage.
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:
Peg@ 3
_ _r^a.~l f~'j'i ! ~ a ♦ '.h~C4J~. s kXSTij•~ . a
1 ~ _ 'r~*F,.:n~~,. .,__._~_I~_.~~..vw , !a'~~[~~'1. iy~\ t•. L'r~.1.a~'='~~.i~~~~4 `L~k~,~.1j'.~.`?i~:.~a~:Kltv~H / r:~'~.RiT?u`t~?~„.'r,'~~~'.
i
CITY OF DENTON
RENTAL REHABILITATION PROGRAM
C GUIDELINES
Paps f c '
/I yf"/*?:#}t~k"~f[ t4~~~k 3~.1 t^'` ~t srt5~h 1~.
• . ~ r 1~r*2`.~s 1 r j' ~4 1 V . rJ' ~ ~~1t~1,)4~ (+~i
TABLE OF CONTENTS
Introduction
Description of Program Procedures
1. Eligibility Requirements
il. Application Processing
III. Contractor Selection, Monitoring and Debarment
N. Payment to Contractor
V. Financial Subsidy Mechanism
VI. Deferred Payment Load with a 10% Per Year Forgiveness
VII. Appeals Procedure
VIII. Program Guidelines
IX, Minimum Rehab+litation Standards
Appendices
Current Fair Market Rents Appendix
Application Form Appendix U
Target Neighborhoods Map Appendix III
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Introduction
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The City of Denton Rental Housing Rehabilrtatlon Program Is designed to assist low nd
moderate income families In searing safe, sanitary and decent housing. This progran;
objective Is to rehabilitate renter occupied housing units by making needed repairs with the
first priority as correcting code violations.
The Rental Rehabilitation Program Is administered by the City of Denton's Community
Development Office and funded through a federal grant The Community Development
Office is located at 100 W. Oak street, suite 208.
The following pages oontsl. a detailed description of the program Including policies and
procedures. The purpose of these guidefines Is to explain to potential chants and the
citizens of Denton, the Rental Housing Rehabilitation Program and types of assistance
available. For further information or clarification of the guidelines, contact the Community
Development Office at 363.7726.
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( DESCRIPTION OF PROGRAM PROCEDURES
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I. ELIGIBILITY REQUIREMENTS:
To be eligible for rehabilitation assistance, the applicant must be a citizen of the
United States or a legal resident alien. Also, the applicant's primary residence
must be within the City of Denton. The applicant must be the owner of a rental
unit within a targeted neighborhood and should hold fee simple title to the
property. The Income of applicants cannot be more than 150% of the median
income for the Dallas metropolitan are. Below is a table that Indicates the
maximum Income level based on family size.
Household Size Maximum Owner Income
1 $ 54,900
2 $ 62,700
3 $ 70,650
4 $ 78,450
5 $ 84,750
l The current tenants of the unit to be rehabilitated must be low or moderate
income. Low/Moderate income is defined as below 80% of the current Dallas
area median income limits adjusted for family size. The following table shall be
used to establish a tenant's eligibility based on gross family income and family
size:
Household Size Maximum Tenant Income
1 $ 29,300
2 $ 33,450
3 $ 37,650
4 $41,850 1
5 $ 45,200
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6 $ 48,550
7 $ 51,900
6 $55,250
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The tenant's statement of income shall be verifwd by contacting the tenant's
{ employer and/or obtaining a copy of the tenants latest income tax return. Annual
income includes eamings (wages, pensions, etc.) spouses earnings, interest
from stocks, bonds, income from real estate, public at+slstanoe, etc. Also
included le any amount regularly contributed by any other adult member of the
family.
Applicants must also exhibit the ability to pay monthly property expenses
including mortgage payments, taxes, insurance, utility bills, etc. All property
taxes assessed by the various taxing agencies in Denton County must be paid
in full,
II. APPLICATION PROCESSING:
Any property owners wishing to apply for Rental Rehabilitation assistance must
complete the application and all other required form included in the proposal
packet, All information on the completed applications will be verified by the
Community Development staff. If any Information is found to have been
intentionally falsified, the application will be rejected and the applicant will not be
allowed to reapply. If the applicant Is determined to be eligible for the program,
a preliminary inspection will be made of the dweNIng unit. The dwelling unit must
C meet certain standards to be considered eligible for rehabilitation, These
standards are listed below:
1. The unit(s) must be located within the recognized Rental Rehabilitation
Target Area (Appendix 3).
2. The unit(s) must not be situated In the Designated Flood Plain Area.
3. The unit(s) must be classified as a renter-occupied structure.
4. The unit(s) must be in an exwting condition that would permit rehabilitation
to bring the structure to meet current City of Denton building codes.
5:4i 1 5. The unit(s) must be serviced by a City approved water supply, sanitary
sewer and electrical system.
6. The unit must be two bedroom or larger, Preference will go to three
bedroom and four bedroom units,
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Pmiect Selection
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Project selection will be based upon an analysis of the following factors:
Location of unit,
Number of !sedrooms.
Owner's ability to obtain private financing,
Number and extent of major health and safety violations to be corrected,
Tenant displacement (preference given to no displacement)
Eoonomlc feasibility
Amount of subsidy required
Owners Equity in property
Potential Impact on neighborhood
Track record of landlord in low income tenant placement
Management and maintenance capabilities
Quality of rehabilitation plan
Accessibility or adaptability of unit for handicapped tenants
Commitment by landlord to and/or likelihood of low income tenant placement
III, CONTRACTOR SELECTION. MONITORING AND DEBARMENT:
/ Contractors participating in the Rental Rehabilitation Program will be selected by
l the eligible property owner. The property owner will be required to solicit at least
two bids from contractors based on the preliminary work specifications completed
by the CO inspector. The property owner shall also be responsible for supplying
all bidders with a Community Development Contractor's Packet that Includes the
contractor Information sheet, performance manual, general specifications for
workmanship, all insurance and bonding requkements, a contractor's eligibility
certification form and a copy of the preliminary work write-up. Bid proposals and
all other required forms from the contractors shall be submitted to Community
Development Office for review.
Acceptable bid proposals must fall within a ten percent (10%) margin of the cost
• estimate developed by the community development inspector. THE CITY OF
DENTON AND/OR THE PROPERTY OWNER RESERVE THE RIGHT TO
REJECT ANY AND ALL BIDS. Any contractor whose name appears on the most
current HUD Debarred Contractor's List will not be eligible to participate in this
program.
• Once the contractor has been selected and approved, a contract agreement ` • •
must be signed. Before the contractor can start work, the property owner must
issue a notice to proceed.
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The contractor's work MI be monitored by the property owner, the Community
Development staff and the City of Denton building code inspectors If the
property owner considers any work done by the contractor to be unsatisfactory
of incomplete, the property owner should advise the contractor of the
discrepancy and ask that it be corrected.
stance of Work
1. Final Inspection - In order for the contractor to close out a rehabilitation job,
a final Inspection shall be made by the City of Denton building code
inspector, the Community Development Inspector, and the property owner.
If the final Inspection results in no additional work or no specified
corrections, the property owner shall sign the contractor's release form
which states that all work has been completed to their (property owner's)
satisfaction. The building code inspector shall sign a final Inspection form
to confirm the same. At this time, the contractor Is required to submit to the
property owner copies of all warranties and releases of liens from
subcontractors and suppliers. The Community Development staff will not "
authorize payment to the contractor until these documents are property
completed and submitted to the property owner and copies provided to the
Community Development Office.
2, Warranty of Work - As stated in the rehabilitation contras; the contractor
shaC guarantee the work performed for a period of at least one year from
the date of final acceptance. The owner Is responsible for periodic review
of the work.
Contractor Debarment
A contractor will be declared ineligib!a to participate in projects funded by the City
of Denton's Housing Rehabilitation Program for one or more of the following
causes;
1. Failure to complete a project within the prescribed contract period.
♦ 2. Failure to complete warranty repairs within a reasonable time period.
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3. Failure to use licensed plumbing and electrical subcontractors.
4. Failure to obtain proper Insurance, l.e., both liability and worker's
♦ compensation. '
5. Failure to complete work in accordance with program specifications and/or j
accepted standards of workmanship.
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6. Failure to pay all subcontractors working on the project appropriately and/or
submit affidavits of payment signed by all subcontractors.
7. Failure to obtain proper permits for work In progress.
Contractors will be notified of their proposed debarment and will be afforded the
opportunity to comment w appeal the action. All appeals must be mr'4 in
wdkg to the Community Development Office at bast 15 days after the date of
the notification letter.
IV. PAYMENT TO CONTRACTOR:
The contractor shall receive payment for all completed contracts within 15
working days after final inspection and approval of all work. Ten percent (10%)
of the total contract amount will be withheld for 30 days. At the end of this time,
the property owner must approve release of contingency funds.
An "AII Bills Paid" affidavit or release of lien from all subcontractors and suppliers
must be submitted before payment. Rental rehabilitation partial payment
minimum are as follows: projects over 50,000 at least 10% per draw, projects
under 50,000 50% and final payment.
V. FINANCIAL ASSISTANCE OPTIONS:
Owners of rental units are provided with two assistance options:
1) Owners will be provided with up to 25% of the amount necessary to
rehabilitate the property. Funds will be provided as a 10-year deferred
loan. At the end of the 10-year period, H aN program guidelines have been
met, the loan will be forgiven.
2) Owners will be provided with up to 50% of the amount necessary to
rehabilitate the property. The Ns125% will be a deferred ban as described
above. Any amount over 25% of the cost of the rehabaitation will be a ban
with a 2% interest rate. There will be a 10-year loan term.
• Option 1 will provide no more than the following dollar amounts: three or four
bedroom-56,000; two bedroom-55,000. Option 2 will allow owners to double that
minimum though they must pay back anything over 25% of the total rehabilitation
cost. Owners are required to sign a contract and a lien will be placed on the
property for the 10-year period, Owners are required to maintain the pnperty
and affirmatively market the property to low and moderate Income
• households. • A
J ' M project funding contributed by the owner wiM be placed In an escrow account
Arith the City of Denton prior to contract execution.
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The owner must also comply with the terms of the note and mortgage that
include the following:
1. No conversion to condominiums or any type of cooperative ownership for
the 10 year duration of the lien.
2. No discrimination against tenants receiving Federal, Sate or local rental
assistance for the 10 year duration of the lien.
3. The project must be maintained according to adopted City of Denton
building codes in effectduring the year inwhich the rehabilitation took place.
4. The owner must affirmatively market vacant units for the ten year duration
of the lien.
5. The unit will be made available and leased to persons whose Income is less
than 80% of the area median income.
If the owner violates any of these restrictions, the entire amount of the loan IOUs
10% for each full year after completion of the rehab'ildaWn of the units until the
time of default, will be due and payable in full immediately after the owner is
notified that the ban must be repaid.
VI. PROGRAM GUIDELINES:
1. Property owner agrees to compy with all HUD requirements to not
discriminate upon the basis of race, ethnicity, religion, gender, disability
status or family status in the sale, (ease, rental, or use of occupancy of the
subject property.
2. Property owner agrees to not award any contract for rehabilitation work to
be paid for in whole or in part with the proceeds of the grant, to any
contractor who,. at the time, is ineligible under the provisions of any
applicable regulations issued by the Secretary of Labor, United States
Department of Labor, or the Departrnent of Housing and Urban ,
Development to receive an award of such contract.
3. The tenant will continue to occupy the premises during the rehabilitation.
Any tenant required to move temporarily or permanently as a result of the ,
• rehabilitation', must be paid relocation/displacement costs as outlined in • •
the City's Tenant Assistance Policy.
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'Any displacement including tenants who move out as a result of their
inability to pay increased rents, are considered displaced. Displacement
costs are the responsibility of the property owner.
4. Property owner agrees that existing house utility services will be made
available to the contractor without charge as follows: electricity, gas, water
and telephone (local calls only).
5. Property owner agrees that the City shall be the agent for the owner and as
such agent shall hold both the owner's private funds and all grant funds in
escrow for the purpose of disbursement thereof to the contractor.
6. Property owner agrees that it is hismer sole responsibility to see that the
contractor completes the work specified in his contract to the owner's
satisfaction and that the City of Denton has no responsibility for any
defects, faulty work or incomplete work by the contractor. The owner
further agrees that the City has no liability for warranty of any of the
workmanship or materials furnished by the contractor under the contract.
The owner furrier agrees that latent or hidden conditions in the property
which were not included in the original inspection and work write-up of the
City are not the responsibility of the contractor nor of the City, but remain
the responsibility of the owner,
C 7. As part of the consideration for providing the funds to rehabilitate property
as described herein, the property owner agrees to maintain and keep the
property in good repair after the completion of the work to be performed by
contractor, taking Into consideration the ability of the owner to do so. The
property owner also agrees to maintain the property up to City of Denton
Building code standards that were in effect when the rehabilitation was
completed. Owner agrees to do this during the term of the ban agreement
and understands that if at anytime the property fails to meet these code
` standards, the loan amount will become due immediately.
6. The owner shall issue a written Notice to Proceed within thirty (30) days
from the date of acceptance of the oontradoes bb and proposal. If the
Notice to Proceed Is not received by the contractor within this 30-day
period, the contractor has the option of withdrawing his/her bid and
proposal. If the contractor chooses to do this a written notice must be
delivered to the owner with a copy to the City. The contractor shall not
begin the work to be performed until receipt of written Notice to Proceed
from the owner after which the contractor shall begin the work within ten
(10) calendar days of the date of said Notice and shah complete said work
within sixty (60) days or as agreed to In the Rehabilitation contract
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C 9. The contractor shall not assign the contract without written consent of the
owner and the City and/or its agent.
10. The contractor shall not be responsible for any delays in the completion of
work due to the following:
A. Any acts of the govemrnent; including controls or restrictions upon or
requisitioning of materials, equipment, tools or labor by reason of war,
National Defense or any other national emergency.
B. Any acts of the owner.
C. Causes not reasonably foreseeable by the parties to this contract at
the time of the execution of the contract which are beyond the control
and without the fault or negligence of the contractor, including but not
limited to acts of God or of the public enemy; acts of another
contractor in the performance of some other contract with the owner,
fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes and weather of unusual severity such as hurricanes, '
tornadoes, etc.
D. Any delay of the subcontractor occasioned by any of the causes
specified in Subparagraphs (A) (B) and (C) above, provided that the
contractor promptly (Mthin 10 days) notifies the Owner in writing of
i the cause of the delay. If the facts stow the delay to be property
excusable, the owner shall extend the contract time by a period
commensurate with the period of excusable delay.
11. The contractor shall not be held responsible for preexisting violations of law
Including but not restricted to zoning or building code regulations at the
property listed in the contrail. Before beginning work, the contractor shall
examine the work write-up for compliance with the applicable ordinance
and codes for the new or replaced work and shall immediately report any
discrepancy to the owner. Where the requirements of the work write-up fail
to comply with such applicable ordinances or codes for the new or replaced
work, the owner and the City will adjust the contract by change order to
conform to such ordinances or code and make appropriate adjustment In
the contract price unless waivers in writing covering the difference have
been granted by the proper authority. '
12, The contractor shag comply with all non-discrimination clauses included in
the contract; noncompliance may result in termination of the contract.
13. Bids or proposals will be submitted at the bWf c,.'s ask and the City and/or
the owner reserve the right to decline funding for projects not in compliance
with the guidelines,
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1 4. Subcontractors shalt be bound by the terms and conditions of the contract
insofar as it applies to their work. This shall not relieve the general
contractor from the full responsibility to the owner for the completion of all
work to be executed under this agreement and he shall not be released
from this responsibility by any subcontractural agreement he may make
with others.
15. When adjacent property is affected or endangered by any work done under
this contract, lt shall be the responsibility of the contractor to take whatever
steps are necessary for ft protection of the adjacent prop" and to notify
the owner thereof of such hazards.
16. Repairs shag be made to all surfaces darnaged by the contractor resulting
from hlslher work under this contract at no additional cost to the owner.
Where"repair of existing work" is caged for by the contract, the feature shall
be placed in "equal to new condition" either by patching or replacement.
All damaged, loose or rotted parts shall be removed and replaced and the
finished work shag match adjacent work in design and dimension.
17. After ttre final inspection and acceptance by the owner of all work under the
contract including cleanup, the contractor shalt submit to the owner for
approval a requisition for payment. When the required warranties and other
j' required documents have been submitted and the release of liens have
l been executed by the contractor, the final payment will be made. The
payment will include any amounts remaining due under the contract as
adjusted in accordance with approved change orders. Payments will be
made within 15 days of formal requisition for payment. Partial payments
will be made at discretion of the owner with the consent of the City.
18. A Rehabilitation Loan may be made to cover the cost necessary to bring
the dwelling Into conformance with City of Denton Codes. The two
categories of repairs listed below are to be included as priority items,
A, wired Repairs: Code violations which create hazardous
• conditions in regard to safety or health WO generally involve the basic
heating, plumbing or electrical systems.
B. ReconimendedRsaith: Code corrections or preventive maintenance
efforts which should be undertaken to avoid more oosdy future action.
(1) Heating, plumbing and electrical improvements
(2) Weatherizatwn
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(3) Exterior work such as roofing, siding, painting, step and porch
repair and retaining walls
(4) Interior work such as renovation and repair of existing kitchen
and bath facilHies.
19. The Denton Central Appraisal District automatically reappraises any house
where a building permit is issued. Participants in the Rehabilitation
Program should be aware that the appraised value of their property may
increase which consequently may cause their yearly property taxes to
increase. The policy shag be thoroughly, explained to any person applying
for rehabilitation assistance.
20. Change orders may be made to cover an item of work which cannot be
determined until sometime during the course of the rehabilitation work.
Charge orders will be considered as follows:
A. Change orders are used to add work necessary to cerrect incipient '
Hems that have been found to be defective after work Is In progress
but were not anticipated at the time the contract was executed.
B. The charge order amount is limited to a maximum of 10 percent
C (10%) of the total contract amount. If it is necessary to request a
change order to make required repairs and the contract is already at
the maximum amount, a work item of less priority will be deleted from
the bid proposal In order to compensate for the added amount,
C, Change orders will be used when it Is necessary to delete work from
a contract for any reason, When items are deleted from the contract,
they shall be at their previously bid amount. When items are deleted,
but do not have specific costs, in such cases the contract shall be
reduced by negotiating the cost at prevailing rates.
D. All change orders shah be executed Uy the property owner,
• contractor, and a Community Development official,
E. Except for the purpose of affording protection against any emergency
endangering Ve or property, the Contractor shale make no change in
the work or rehabilitation, provide any extra or additional work or
supply additional labor, services or materials beyond that actually
• required for the execution of the contract. • •
F. All change order requests must be submitted by the contractor,
/ signed by the homeowner and approved by Community Development.
Page 14 Page 17
No claim for an adjustment of the contract price by the contractor or
homeowner will be valid unless this is done.
G. The approval of a change order shall constitute authorization by the
property owner and Community Development to change the loan
amount equal to the cost of the work added or deleted, unless all
available funds have been utilised. if this Is the case, the owner must
absorb the total cost or delete non-code items in order to pay for the
work described in the change order.
H. It may be necessary to change the time of completion due to the
addition of certain work items or delays that are beyond the
contractor's control.
21. If the work completed is not in accordance with the construction contract,
Community Development shall advise the property owner of the non-
compliance who then shall obtain appropriate action from the contractor. '
No payment shah be processed on a oonatrucbon contract until a contractor
has satisfactorily completed all necessary corrective action.
22, The owner shall be able to select the color and style of certain materials
(i.e, carpet, floor covering, paneling, paint, etc.).
23. The contractor warrants that all materials, fixtures, and equipment fumished
by the contractor and its subcontractors shah be new, of good title and that
the work will be done in a neat and wofkmanh'ce manner. Neither the final
payment nor any provision in the contract nor partial or entire use or
occupancy of the premises by the owner shall constitute an acceptance of
work not done in accordance with the Contract or relieve the Contractor of
liability in respect to any express warranties or responsibility for faulty
materials or workmanship. The contractor shall promptly remedy any
defect in the work and pay for any damage to other work resulting
therefrom which may appear within a period of one year from the date of
final acceptance of the work unless a longer period Is specified. The owner
will give notice of observed defects with reasonable promptness. r
24. Mobile homes are not eligible for rehabilitation.
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25. Interest of certain federal and other officials:
A. No member or Detegaie to the Congress of the United States and no
Resident Comxnisaloner and no federal employee shell be admitted
to any share or part of this contract or to any benefit to arise from
some.
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B. No member of the governing body of the City and no other public
official of or within the City or County who exercises any functions or
responsibilities in connection with the administration of the Community
Development Block Grant Program and no other employee of the
Department of Planning and Comnwnlty Development who exercises
any such functions or responsibilities shall have any interest, direct or
Indirect, In rehabilitation proceeds which is incompatible or in conflict
with the discharge or ful ikywt of his functions and responsib4ide3 in
connection with the carrying out of the Housing Rehabilitation
Program. The length of time this exctusbn shall be in effect is one (1)
year following the ending of term of office and shall be binding upon,
but not limited to, all of the individuals and agencies herein described.
26. The property owner agrees that for a period of tan years after the project
is completed afld to convert the rehabilitated units to condominium
ownership. If the owner does convert rehabilitated units to condominium
ownership, the entire ban amount shall be due knmediately.
27. The property owner agrees not to discriminate against prospective tenants
on the basis of their receipt of or eligibility for, housing assistance under
any Federal, State or focal housing assistance program; on the basis that
the tenants have a minor child who will be residing with them; or on the
( basis that they are a handicapped individuals.
28. The property owner agrees to maintain the rehabilitated property up to
adopted City of Denton Building Code Standards in effect the year in which
the rehabilitation was completed. This will be applicable for a period of at
least ten years after the project Is completed.
29. The property owner agrees to comply with applicable lead-based paint
regulations.
33. The property owner agrees to comply with the City of Denton's Tenant
Assistance Policy, Including execution of all tenant notifications outlined in
• the policy. Copies of all tenant correspondence must be submitted to the
Community Development Office. r `
VI 1. MINIMUM REHABILITATION STANDARDS:
• Roofs * •
Roofs should not leak and have no evidence of rotted decking, fascia or soffit.
Any roof with two or more layers of roofing must be stripped to the decking. If R
is determined a new roof Is necessary the docking must be checked for broken
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or rotted decking and shag be repaired or replaced as needed. Where new
decking is required the material shall be one-half inch plywood of one-hall inch
waferboard to be used with H clips between sheets. All roofs that are stripped
shall be replaced with new felt paper, the proper flashing and metal drip edge
with 240 pound shingles. Any roof witty less than a 4112 pitch shall be covered
with rolled roofing, with at bast 12 Inches of lap, if installation of rolled roofing is
not suf ident to promote proper run off roof will be rebuilt.
Siding and Trim
An exterior siding and Mm shall be free of holes, cracks or rotted material which
might admit moisture into walls, New siding may be applied onty lf the coat of
new siding and Installation is comparable to the repair and painting costs of the
existing siding.
Windows
All windows and hardware shall operate satisfactorily. Cracked or broken '
windows shall be replaced. Window glazing shall be weather light and windows
shall be weather stripped so as not to allow entry of air and water around the
glass, sashes or window casings. All windows shall have screens ai)d working
tucks,
Drainage
The grade of concrete or dirt should drain at least Ne feet away from foundation
walls.
Site Improvements
All replaced concrete surfaces are to be level with the widths to match the
existing surfaces.
All steps both concrete or wood that pose a threat to the occupants shall be
• repaired or, if necessary, replaced with treated material or concrete.
Foundations and Piers '
Skirting shall be six (6) inches underground level. If i1 Is necessary to install
skirting, new 22 or 24 gauge skirting shad be used.
• Kitchens • •
Kitchens shah have a spsolflc area which contains a sink with hot and cold
it running water, counter work space, snd space for storage of cooking utensils.
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C Stairs
AJI stairs shall provide for the safety of ascent and descent All treads and risers
should show no evidence of breakage or have evidence of excessive wear. All
stairs shall be equipped with handrails.
Utility Arses
Gas or oil fired water heaters or furnaces shall not be located in the bathrooms
of bedrooms. In addition to all plumbing and elecbtcal codes, water heaters and
furnaces shelf be enclosed with a sealed door and adequate upper and lower
combustion sir. An washer and dryer hookups must meet City Code.
Structural System
The wood, masonry or steel components shah be in serviceable condition for the
expected useM We of the rehabilitated building. Structural members which are
in seriously deteriorated condition shall be replaced.
Sagging and unlevel floors shall be raised and stabilized as level as possible
without causing interior damage,
Termite inspection and treatment shall be done if evidence of active infestations
exist. A certified pest control company will carry out the treatment and present
documents of proof,
Electrical System
All replacement of existing wiring and equipment shall be done in conformance
with the National Ebctrlc Code and the City of Denton Code. Any potential
source of electrica! hazard or Ignition of combustible material shall be corrected.
GFCI outlets shall be used in bathrooms, kitchen, garage, and exterior
receptacles. Additional outlets shall be added to eliminate extension cords and,
at the request of the City Inspector, to meet City Codes,
Plumbing : f ~
The plumbing system shall operate free of fouling and clogging, and not have
cross-connections which permit contamination of the water supply or back
• siphonage between fixtures. • •
All sinks, lavatories, water closets, water heater, and other ptumbktg fixtures shall
have accessible cutoff valves. An fixtures shall have P-traps, necessary vents
C and be property connected to a public or private sewage disposal system. All
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sewer Nnes shall have accessible ceanouts. AU water heaters shall be installed
with double wall vent stack, a pop-off valve, and overflew to the exterior of the
structure.
Mechanical Equipment
AN gas fired heating units must be vented with double wan pipe and proper upper
and lower combustion air. The unit shad not be installed In a Irving area such as
bedrooms or under stairways.
Rigid gas pipe must be used to supply heating units with a maximum of three (3)
feet of flexible pipe from the stop to the appliance. All duct work shall be property
sealed from the hesi source to the register vent and from the return air suppty to
the heat source. A gas pipe pressure test is required. AN leaks must be
repaired,
Insulation and Weatherizatlon
A R-3D Insulation value in the attic shall be required.
Exterior Doors
A!I exterior doors shall be solid core. AN locks shall be capable of tightly securing
the door and shall be readily openable from the Inside without the use of keys.
All exterior doors shall be weather stripped so that there is no sl lnftsnt entry of
air or water Into the structure.
Porches and Decks
AN porches and decks shall be safe and capable of supporting anticipated loads.
All porches and decks in deteriorated condition and which serve no useful
purpose or which are not economicalty repairable shall be removed.
Porches and decks 30 Inches above grade Shan have guardrails and flights of
• stairs with four or more risers. They shall have a handrail on at least one side.
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Butters and Downspout
Gutters and downspouts should exist where they are deemed necessary to
promote proper drainage. Gutters will nM normally be installed if they do not
• already exist. • •
Downspouts that cannot be oonrrected to drain tiles shall have splash backs with
C proper site grading.
Page 19 Page 22
.
ax n
Chimneys and Yards
Furnace and water heater vents shall be double wall vent pipe.
Existing unlined masonry chinrreys having open mortar}oints or cracks shall be
removed or made safe by instanation of a UL approved flue liner.
Vent-a-hood stacks shall be vented through the roof.
Intsrfors
All floors, walls, and oeilings shall be maintained in good, clean, and sanitary
condition. AA puling paint, cracked or loose piaster, and otherdefective surface
conditions shall be eliminated. All doors shall be operational.
Carpet and vinyl that is badly wom, tom or too dirty to be cleaned shall be
replaced. This shall be deterrnined by the C.D. Inspector. Existing carpet shag
be cleaned by a commercial steam cleaner, if necessary.
Bathroorra
An operational water closet, tub or shower, and lavatory should be In the
bathroom. Hot water should flow to the lavatory and tub or shower. Cold water
should be supplied to all fixtures. Either a window or an exhaust fan must be
present to property vent the bathroom.
Ca binsts
Built-in kitchen cabinets shall be repaired up to 50 percent of the cost of new
cabinets. Bathroom cabinets are not required.
Page 20 Pags 23
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APPENDICES
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Paps 24
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U.S. DEPARTMENT OF HUD 1 PACE 235
STATE TEXAS - 2- 1-96 H O M E P R 0 0 R A M R E N T S
PROGRAM EFFICIENCYI-BEDROOM 2-Bt DRDOM 3-8EDROO41 4-BEDROOM S-BEDITOOM 6'11[DR30M
MSA Abilene, TX M1
FAIR MARKET RENT 273 304 393 530 644 740 937 N
50% RENT LIMIT 702 324 366 450 501 S52 603 04
65% RENT LIMIT 313 401 463 551 595 636 661 0.
MSA Amarillo, TX
FAIR MARKET RENT 263 332 413 577 690 762 693
50% RENT LIMIT 318• 341 410 473 521 Sal 637
65% RENT LIMIT 393 423 510 Sat 626 675 721
MSA Austin-San Marcos, Tit
FAIR MARKET RENT 39S 477 636 983 t043 1199 $353
50% RENT LIMIT 392 420 SOS 583 631 71B 785
65% RENT LIMIT 491 527 634 724 7611 651 916
MSA Beaumont-Port Arthur, TA
FAIR MARKET RENT 300 362 442 SITS 620 713 605
50% RENT LIMIT 326 349 420 495 541 596 652
65% RENT LIMIT 403 434 521 596 649 693 742
PMSA Bralorla, TX
FAIR MARKET RENT 419 467 584 914 ITSa 1101 1745
50% RENT LIMIT 410 439 527 610 680 750 820
65% RENT LIMIT 513 551 664 756 626 993 961
14
MSA Brorrnv111a•Harlln0en-San Benito, TA
r. FAIR MARKET PINT 319 397 496 621 774 890 1006
50% RENT LIMIT 252 270 32S 775 at9 461 505
aaaWyyy 6S% RENT LIMIT 30S 332 400 454 467 519 552
ti MSA Bryan-College Station, TX
FAIR MARKET RENT 351 404 Sts 119 847 974 1101
p( 30% RENT LIMIT 320 343 411 475 531 W 640
69% RELIT LIMIT 796 426 513 S64 632 619 727
6
. w MSA Corpus Chrlstl, TA
FAIR MARKET RENT 32t 403 %1s 700 828 952 1 1076
50% RENT LIMIT 307 330 396 457 S10 563 616
65% RENT LIMIT 350 408 493 561, 606 649 695
AREA Dallas, TX
FAIR MARKET RENT 797 ASTI 566 811 959 1102 1246
50% RENT LIMIT 422 452 543 626 700 773 845
6S% RENT LIMIT 530 "a 694 792 aS2 923 983
• MSA EI Paso, TX e
FAIR MARKET RENT 770 414 491 6a1 605 929 1046
50% RENT LIMIT 2S2 270 72S 775 419 461 505 1
65% RENT LIMIT 304 332 400 454 487 $is 652 ~y
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APPENDIX 11
RENTAL REHABILITATION
PROCEDURES
The following list of procedures is designed to insure that property owners understand their
responsibilities under the Rental Rehabilitation Program. Please call the Community
Development Office at (940) 349-7726 if you have any questions regarding these procedures.
1. Retum completed application. Include a copy of property deed, tax receipts from all taxing
entities, proof of insurance coverage on the property and documentation of all owner(s)
income and assets'.
2. A set of work specifications must be drawn up by the owner and approved by the
Community Development Office.
3. The owner of the proposed property will bear the responsibility of contacting at least two
general contractors, who will submit bid proposals. These proposals must remain within
a margin of ten percent of the estimate determined by the Community Development Office.
4. Upon project approval, a title search must be submitted.
S. Certification that all tenants have received timely written notice that they will not be
displaced by the project must be submitted within two weeks of application submission. A
copy of the City of Denton's Tenant Assistance Policy must accompany the notice to the
tenant.
1. 6. Requests for all interim and final payments should include an itemized list of completed
work and its cost and two 'Requests for Pa}}ment' signed by both the pproppeerty owner and
the contractor. IT IS THE CONTRACTOR'S RESPONSIBILITI' TO FILE ALL
NECESSARY PAPERWORK WITH COMMUNITY DEVELOPMENT.
7. A final inspection must be completed by Community Development.
8. Final payment is contingent on receipt of the following by Community Development:
a) signed affidavits from all subcontractors stating that they have received full payment
b) affidavit from general contractor and signature on lien assignment
c) two executed requests for payment
Documentation of income sources may include but is not limited to the following:
• • Current year's income tax Retum witli W-2' for each household member who has filed tax
retums,
• Most current Social Security income statement if applicable.
Paycheck stubs for last four weeks for each employed household member.
• Names and addresses of all retirement income or any other income sources (ALL INCOME
SOURCES MUST BE DISCLOSED.-RETIRENIE.\'T, RENTAUHAP INCOME,
AFDC, FOOD STAMPS, ETC.)
• Divorce decree if you receive childlother support from a divorce pI if you were awarded • •
property through a divorce.
Name, address, account number(s) of all banks, credit unions, savings banks, IRA accounts,
etc. for ilk household members who have any such accounts.
l
+AA04604 I ' Page 28
WNW
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1
APPLICATION FOR THE CITY OF DENTON
RENTAL HOUSING REHABILITATION PROGRAM
C OWNER PROPOSAL FORM
CONTACT AGENCY: COMMUNITY DEVELOPMENT OFFICE
100 W. OAK SUITE 208
DENTON Tk 76201
TELEPHONE NO. (940) 349-7726
INSTRUCTIONS: PLEASE COMPLETE ALL SECTIONS OF THIS OWNER
PROPOSAL FORM. IF YOU NEED ASSISTANCE IN
COMPLETING THE FORM, CONTACT THE AGENCY LISTED
ABOVE.
OARMATA
A. OWNERS OFATM PItAOPOSED DDR PROP)>= AND TELEPHONE NUMBER(S) OF ALL
C
B. TYPE OF OWNERSHIP (check one):
O (a) Sole Owner ❑ (b) Partnership
❑ (c) Corporation ❑ (d) Limited Partnership
❑ (e) Other:
C. PROPERTY ADDRESS:
No. Crest City
• D. 3UILGING DESCRIPTION
❑ Si igle Family ❑ Daptex O Tri-PIex ❑ Four-Pkx
E. BUILDING STRUCTURE
O Frame ❑ Brick ❑ Masonry ❑ Other: t `
F. FOR EACH UNIT IN THE PROJECT PLEASE PROVIDE THE INFORMATION
REQUESTED ON THE FOLLOWING PAGE.
i l
E
AAAwea .2 - Pape 27
f:'
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The following information m= be Provided on all existing tenants. Applications will not be processed until
cell tenant information is received.
MAN" COutu T AFT NO. oC• om rmmc •FEW MMH- SC 1 MOSM -
NAIZ ILYT No. CETAYTS a CODE MR CAMD
Ethnic Code: I - White 2 - Black 3 - Amer. Indian/Alaskan Native
4 - Asian Pacific Islander S - Hispanic 6 - Other
Section S: C - Certificate V - Voucher N - None
Please note a female head-0f-household is a female with dependent children.
SECTION II
PROPERTY DATA
C
NOTE: PROVIDE INFORMATION FOR ALL UNITS
A. UNrr NUMOU
9 NUMIEAOF BEDROOMS, EXUTrNO
C. NUMBEROF BEDROOM!, AFTER REHASWATION
D, CURRENT REM
E. FROIEC[ED REM AFrFA RERABRrrATION -
F. UNrr OCCUff.D (O) OR VACANT ,
i
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AAAO" 3 Paps 28
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A. ORIGINAL MORTGAGE
Orig. Am *w Mortgatee Baton"
B. OTHER LIENS
Amounh Lien Holder ToW Due
C. ORIGINAL PURCHASE PRICE S
D. DATE OF PURCHASE
E. ESTIMATED MARKET VALUE OF PROPERTY (Attach Mc=1 WPMirl) $
F. DOLLAR AMOUNT OF RECENT CAPITAL IMPROVEMENTS S
DESCRIBE IMPROVEMENTS BELOW:
C- ,
0. AMOUNT OF INSURANCE COVERAGE S
H. NAME OF INSURANCE COMPANY (Attach copy of policy)
1. AMOUNT OF RENTAL REHABILITATION FUNDS REQUESTED FROM CITY S
1. FINANCING OF OTHER REHABILITATION COSTS NOT COVERED BY THE RENTAL REHABILITATION PROGRAM
I. ANIOUNT OF ESTIMATED OWNER COSTS FOR REHABILITATION TO BE PAID FROM OWNER'S FUNDS
(EQUITY):
• s
2. AMOUNT TO BE BORROWED FROM PRIVATE LENDING INSTITUTION: f
NAME OF LENDING INSTITUTION:
3. ANTICIPATED INTEREST RATE AND LOAN PERIOD: % for years
4
AAA04W4 a Pape 29
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SECTION 11
INCOME DATA
Note: Income etisibility is based on household Income which locludes the income of all woridas members
of the household. If the property is owned by a partnership or corporation, ail partners and/or
principals must be Income eH&le.
Please list all income amounts below, and provide documentation of each income source. (To be completed by
all households with ownership in the property.)
Household Household
Income Type Owner Member it Member 02 Total
Salary
Overtime pay
Fees/Ups
Commissions/bonuses
Interest and/or dividends
Net income from business
Net rental income
C Social Security, pensions
retirement
Unemployment benefits, workers
compensation, etc.
Alimony, child support
Welfare pymts, AFDC, food
stamps, etc.
Assets
Checking accounts
• Smings/CD accounts
Stocks, bond, etc.
Rental property income
Value of private residence t'
• Life Insurance
Other
AAAN604 S - papa 30
•
•
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SECTION IV
CERTIFICATION
THE OWNER/CO-OWNER CERTIFIES: (1) THAT HE/SHE HAS READ THE RENTAL
REHABILITATION PROGRAM GUIDELINES AND UNDERSTANDS THE PROCEDURES
AND REGULATIONS DESCRIBED THEREIN; (2) THAT HE/SHE AGREES TO ABIDE BY
THOSE PROCEDURES, REGULATIONS, AND CONDITIONS; AND (3) THAT THE
INFORMATION CONTAINED IN THIS APPLICATION AND PROPOSAL IS TRUE,
CORRECT, AND COMPLETE.
THE APPLICANT AGREES.NOT TO DISCRIMINATE UPON THE BASIS OF RACE, AGE,
GENDER, DISABILITY, FAMILY STATUS, CREED OR NATIONAL ORIGIN IN THE
SALE, LEASE, RENTAL, USE, OR OCCUPANCY OF THE REAL PROPERTY
REHABILITATED WITH ASSISTANCE FROM THE RENTAL REHABILITATION
PROGRAM.
VERIFICATION OF ANY OF THE INFORMATION CONTAINED IN THIS APPLICATION
MAY BE OBTAINED FROM ANY SOURCE NAMED HEREIN.
THE APPLICANT CERTIFIES THAT HE/SHE HAS NOT REQUIRED ANY TENANT TO
MOVE WITHOUT CAUSE, SUCH AS VIOLATION OF THE LEASE OR LOCAL LAW
DURING THE 12 MONTHS PREVIOUS TO THE DATE OF THIS APPLICATION.
Owner's Signature Social Security Number Date
Co-Owner's Signature Social Security Numb" Date
ATTACHMENTS
INCLUDE WITH THIS APPLICATION:
I. A COPY OF THE DEED.
2. PICTURE(S) OF THE BUILDING AND, IF AVAILABLE, PICTURES OF THE INSIDE
OF THE UNIT(S).
3. PROOF THAT PROPERTY TAXES AND ALL UTILITIES ARE PAID IN FULL.
INCLUDE A RECENT TAX STATEMENT SHOWING PROPERTY VALUE.
4. DOCUMENTATION OF OPERATING EXPENSES, TAXES AND INSURANCE.
5. SIGNED LETTER FROM ALL EXISTING TENANTS STATING THEY HAVE _
RECEIVED A COPY OF THE TENANT ASSISTANCE POLICY AND UNDERSTAND
• THEIR RIGHTS ACCORDING TO THE POLICY. A COPY OF THE POLICY AND A • •
SAMPLE LETTER ARE ATTACHED.
6. INCOME DOCUMENTATION.
AAA04604 6 ' Page 31
0
"Mis
APPENDIX III i
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haft"
DENTON, TX
Rectal Rehabilitation .y ,
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c1TY OF DENTON TEXAS cfryrrnLt ►vFSr • nr ~1u QErvrorr, rFx~s ~s2o~ f
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Momo
Tee Denton City Counoi Memixn i
Frees DwW% WritTieme, Mein Steel Manager
Tleowsh Ted BerwAdes, CJIy Manager
Dee.e ,x,697
faee A RESOLUTION RECO~ING THAT THE DENTON MAIN STREET
PROGRAM BE ENTERED INTO THE GREAT AMERICAN AWN STREET
AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE,
tteeoremee~atiere
Staff recamnends approval of a resWtm xrpporting Denton Man Sk*Ws appkabon br the Gnat
Americen Main Street Award.
Badaf+eaN
Each year, Tra N&WM Main Street Center ocndxts a eorrpetibon for ou tar&V Man Street c15"
across the nation. The selection process is hqW compaU ve, eirke o* few anrde are given
ervxialy. Denton received favorade oormtenb from lodges on leaf yWs applieabx ThNs year, our
appDcabm wit txlude Wdurd projects that "W increase our chances d brk*V tt>fs natiorW
recognition to Denton ,
FMaedM hepre!
None. • •
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a Page,
'ckeuaud ro Q" o Seni".
• - - ~~'a _ ` .rp ~~"•i ti§'si,~ ' '.~ti ~ ~k.'~+~, ~q ~~~.,?~i°~-~'r+s ~..k~ sfia~,,~ ~~k~r r l
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Raspoce* subrnted.
r
Ted Benavidea, City MWOPW
Prepared by.
Denieha WiWm, M& Strael Maftlw
Approwd try -
• Linda MOM, Dredor of Em)wk Devebpl 6
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RESOLUTION NO.
A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE
ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the downtown area and the Square in Denton have been the focal point of the
commercial and social growth and success of Denton for rkMy a century and a half, and continue
to hold a place of honor in our cunmunity; and
WHEREAS, the citizens of Denton and the merchants of Downtown Denton have
endeavored to preserve and promote the unique heritage of Denton, and many volunteers have
unselfishly contributed untold bars of their time and effort to the economic revitalization and
development of the Downtown Denton area and the Square, and
WHEREAS, the citizens of Denton, the merchants of the downtown area and the Square, and
the employees of the City of Denton Main Street have joined in a unique partnership in promoting
these objectives for the downtown area and Square by forming and supporting the Denson Main
Street Program and they believe that downtown revitalization efforts in Denton repeesed dhe spirit
of our pioneer forefathers and the vigor of our present day eatrepreneurs; and
WHEREAS, the success of the Denton Main Street Program in restoring economic vitality,
preserving and restoring historic sites and the resulting commercial and social success in the
Denton Downtown area and the Square is unsurpassed when compared to similar communities and
should qualify this program for a Great American Main Sheet Award; NOW, THEREFORE,
THE COUNCIL OF TH". CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City of Denton fully supports the entry of the Denton Main Strad
i
Program in the Great American Main Street Awards competition.
SSFCT'ION 11. That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of 1997.
JACK MILLER, MAYOR t ~ • •
PAGE
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUIY, CITY ATTORNEY
BY: v All.
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• £:DOCSJtEStiHAIIJST1lEETPROGRAM S
PAGE 2
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CITY COUNCIL REPORT Aw" No, 3-1 'U
Aginda Item
Data p
DATE: September 25, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Professional Service's Agreement (Demex Title Company)
RECOMMENDATION,
Approve ordinz= authorizing the City Manager to execute a Professional Services Agreement;
authorizing the expenditure of funds; and providing for an effective date
SUMMARY/BACKGROUND:
The City of Deacon, Engineering and Transportation Department will be acquiring the necessary
additional right-of-way for the U.S. Highway 77 widening project. As part of the process, a
Title Insurance Policy must be obtained for each parcel.
PROGRAM; DE ARRTMENIS OR GROUPS AFFECUDr
This professional service will decrease the chance of acquiring a parcel for right-of-way with
a title defect. TxDOT, the general public, and public utilities will be affected should a title
dispute arise on a parcel and need to be litigated. The legal issues could result in utility
relocations, highway reconstruction, and delays,
HSCA_ I IMPACT:
Title policy insurance as regulated by the Texas Department of Insurance
RESPECTFULLY SUBMITTED:
Rick SVehla
Deputy City Manager
prepared by:
Roger N. Wilkinson ,
Je eta
actor f Enginoering do Transportation
~,~"''j! _ •A':i l k+~t~F~ t ~t A~~. ~.'.~L ~r`.~ ^I'„ ..:y .~`r~~ wa .ti ~j 's 's!
[O.~OpD~ih L1+A~
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH THE DENTEX TTI'LE COMPANY FOR
CLOSING SERVICES AND ISSUANCE OF TffLE POLICIES FOR THE U.S. HIGHWAY 77
WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to enter into a professional
services agreement with Dentex Title Company for closing services and issuance of title policies
for the U.S. Highway 77 widening project,
,
SECTION I1. That the City Manager is authorized to expend the funds as required by the
attached agreement.
SECTION H. 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: i,
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
BY:
i
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PROFESSIONAL SERVICES AGREEMENT
FOR DENTEX TITLE COMPANY
CLOSING SERVICES AND ISSUANCE OF TITLE POLICIES - NVY 11 PROJ.
STATE OF TEXAS §
COUNTY OF DENTON §
it
THIS AGREEMENT is made and entered into as of the day of
1991, 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, (Lereinafter sometimes
referred to as "OWNER") and DENTEX TITLE COMPANY , with its
300 N. ELK, hereinafter
corporate office at ^Tn3 TFxAS 7a~n~
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
i
The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection with the Project as stated in the
sections to follow, with diligence and in accordance with the
highest 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:
•
The Project shall include without limitation, (herein described
Project) . . .
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 the OWNER's (herein describe any request
for proposal which the owner has utilized to solicit the
CONSULTANT' s services) DESCRIBED IN PROPOSAL To RnCFA WII V fN-gM request which is
attached hereto and made a part hereof as Exhibit "A" as if
written word for word herein.
B. To perform all those services set forth in CONSULTANT'S (herein
described any proposal of CONSULTANT which has been provided
including the date of said proposal SEE ATTACHED ) which
proposal is attached hereto and made a part hereof as Exhibit
"B" as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in
individual task orders which shall be attached to this
agreement and made a part hereof for all purposes as separate
agreements. (If CONSULTANT is a professional engineer and you
• wish to list specific services of the CONSULTANT please list
all specific engineering services to be provided including the
preparation 'of detailed plans and specifications).
D. If there is any conflict between the terms of this agreement - • •
•
and the exhibits 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.
PAGE 2
•
ARTICLE III
ADDITIONAL SERVICES
(To be used if CONSULTANT is an engineer). Additional Services
to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above described basic services, are
described as follows:
A. During the course of the project, as requested by OWNER, the
CONSULTANT will be available to accompany OWNER's personnel
when 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-needed basis in preparing compliance
schedules, progress reports, and providing general technical
-upport for the OWNER's compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those 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.
t'
• E. Preparing applications and supporting documents for government • •
grants, loans, or planning advances and providing data for
detailed applications.
PAGE 3
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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. Providing ge technical investigations for the site including
soil borings, related analyses and recommendations.
H. (List any add.~ional services not included in Basic Services)
ARTI .F. IV
PERIOD OF SERVICE
This Agreement hall become effective upon execution by the
OWNER and the CONS TANT of this Agreement and upon issue of a
notice to proceed b• the OWNER and shall remain in force for the
period which may reo -nably be required for the completion of the
Project, including Ac 'itional Services, if any, and any required
extensions approved t, 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
r
expeditiously as possible and to 3eet the schedule established by
the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS: t
1. 'Subcontract Expense" is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms for
PAGE 1
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_ ~`~a;S..~,we. t.,._~•~. i; e4i `r:3 w~~,~Y•i r 4,%S ~fM ~t/,j '~'Y,."r,.i'`~' i(f. ir1fH'~~~~~ h~''IY.F~l".'..~l.t'~l ~'1 '4t, y'r
.~u~w~a~V ..W R. raw MNYM~r► i
services in the nature of N/A
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipment, travel, communications,
subsistence and lodging away from home and similar
incidental in connection with that assignment.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay
based on the cost estimate detail at an hourly rate shown in
Exhibit C, which is attached hereto and made a part of this
agreement as if written word for word herein, a total fee
including reimbursement for direct non-labor expense not to
exceed KAY VARY DEPENDING ON COVERAGE AMOUNT REQUESTED-SEE EXHIBIT "B" FOR
RATE SCHEDULE.
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the
4 oantr through its City Manager or his designees; however, under
no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement
is rendered. The owner may withhold the final $I 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
PAGE 5
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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
of Charges at an hourly rate shown in Exhibit C. Payments for
additional services shall be due and payable upon submission by
the CONSULTANT and shall be in accordance with subsection 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
j the CONSULTANT'S undisputed statement thereof, the amounts due
t 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 this
Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses and charges provided,
PAGE 6 f
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however, nothing herein shall require the owner to pay the late
charge of one percent (11) set forth herein if the owner
reasonably determines that the work is unsatisfactory, in
accordance with this Article V, Compensation.
ARTI .T.E VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will "exercise reasonable care and due diligence
in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any subcontractors or
subconsultants.
ARTICLE VIT
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and furnished by the CONSULTANT are intended
only to be applicable to this project and OWNER'S use of these
documents in other projects shall be at OWNER'S sole risk and
expense. In the event the OWNER uses the Agreement in another
project or for other purposes than specified herein any of the
information or materials developed pursuant to this agreement,
CONSULTANT is released from any and all liability relating to their
use in that project.
• ARTI .E VIII
INDEPENDENT CONTRACTOR O
4 i
i CONSULTANT shall provide services to OWNER as an independent
PAGE
9
, 1~ • ~'~:v.~+'i.~'a ..1 ~.K~ li'. ~ is^~ ~C~i r, Ks,~.~ ~F~T~'RX; j .1, w~i 1. ~,j~.
E
contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
ARTTCLE TX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and all liability, claims, demands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney
fees incurred by the OWNER, and including without limitation
damages for bodily and personal injury, death and property damage,
result'ng 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
or equity, to any claim, cause of action or litigation filed by
anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly
reserved.
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement,
CONSULTANT shall'maintain the following insurance with an insurance
company licensed to do business in the state of Texas by the State
• Insurance Commission or any successor agency that has a rating with -
Best Rate Carriers of at least an A- or above: •
A. Comprehensive General Liability insurance with bodily injury
I
PAGE 8
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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 Zccident and with property damage limits for not less
than $100,000 for each accident.
C. Wc,ker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of
not less than $100,0C•; for each accident.
D. Professional Liability Insurance with limits of not less than
$1,0001000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or
insurance 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
1 date of the change or cancellation, serve substitute policies
furnishing the same coverage.
•
ARTICT.E
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this L
e • •
Agreement by submitting the dispute to arbitration or other means
J of alternate dispute resolution such as mediation. No arbitration
or alternate dispute resolution arising out of or relating to, this
PAGE 9 E
F
.
agreement involving one party's disagreement may include the other
party to the disagreement without the other's approval.
ARZ1 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.
8. This agreement may be terminated in whole or in part in the
event of either party substantially failing to fulfill its
obligations under this Agreement. No such termination will be
affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of
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 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
• i termination incurred prior to the date of termination in ac-
cordance with Article IV, Compensation. Should the OWNER sub- ,
sequently contract with a new CONSULTANT for the continuation
of services on the project, CONSULTAaT 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.
PAGE 10
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ti,.:~..-.._......... _..v._r._..+mua. +s+a.!NneM S~YtYe9M1YVf/ 5.
,
8RZICLE 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 CONSJLTANT, its
employees, associates, agents, subcontractors and subconsultants
for the accuracy and competency of their designs or ether work; nor
shall such approval be deemed to be an assi,.nption 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 XIY
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:
To CONSULTANT: To OWNER:
DENI X TST,.c COM L4Y City of Denton
300 `i EIX STE 101 ATTN:
DENTON, TEXAS 76201 Title:
215 E. McKinney
• Denton, Texas 76201
r '
i '
a All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing.
ARTICi.F XV
ti ENTIRE AGREEMENT
PAGE 11
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• 'v'. T'.r!•~ I- r, iii, a~ yt 1 ~ i a f,J~~t~ a~: \ ~ ~
-1 Own
i
•
This Agreement consisting of I' pages and 2 exhibits
constitutes the complete and final expression of the agreement of
the parties and is intended as a complete and exclusive statement
of the terms of their agreements and supersedes all prior
contemporaneous offers, promises, representations, negotiations,
discussions, communications and agreements which may have been made
in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
shall not cause the remainder to be invalid or unenforceable. In
such event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE XYII
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.
•
ARTI..£ XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT 40
shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical
handicap.
PAGE 12
t
ARTIC~LF. X_I7C
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own
expense all personnel required to perform all the service:
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relatioyis
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.
ARTh F XX
ASSIGNABILITY
The CONSULTANT shell 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.
1 ARTICL.F. XXI
MODIFICATION
•
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
c_
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
~ k
obligations of the parties hereunder, and unless such waiver'or
PAGE `13
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,,...ens...+~..r.-~..ar w..ns.e...wu r.. ~
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.
~TICLE 5IX11
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits):
B. CONSULTANT agrees that OWNER shall, until the expiration of
three (3) years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
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.
0. For the purpose of this Agreement, the key /persons who will
VICK
• perform most of this work hereunder shall be
However, nothing herein shall limit CONSULTANT from using other ~
qualified and competent members of their firm to perform the
services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all (
projects with all applicable dispatch, in a sound, economical, {
efficient manner; and, in accordance with the provisions
PAGE 14
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.r'..... •waMU~~~~~...•..~..__. ....._.Jew....wr~.w.MwM![sKWtlr~aMlriRiA~1
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 CONSULTANT to
perform services under this Agreement.
G. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of
19_
CITY OF DENTON, TEXAS
• Ted Benavides, City Manager
ATTEST:
u JENNIFER WALTERS, CITY SECRETARY '
By:
AFPROVED AS TO LEGAL FORM:
PAGE 15
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HERBERT L. PROUTY, CITY ATTORNEY
B ell
COVSULTANT
By.
Name:
Title: PRESIDENT
WITNESS:
ti
PAGE 16
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i
EXHIBIT "A"
♦ Dentex I itle
Company
pROTE TpH THAT IEGfNS AT THE PROPERTY UNE
DATE: August 1, 1997
TO: Roger Wilkinson, City of Denton
FROM: Rebecca Arnold, Dentex Title Company
RE: U.S. Highway 77 Widening Project
PROPOSAL
Dentex Title Company would like to submit the following proposal
for the U.S. Highway 77 widening project:
Dentex Title has previous experience with several projects
similar to this project, including working with the City of
Flower Mound-FM 2499 project; Upper Trinity Regional Water
Authority; the Trinity River Authority; and the County of
Denton.
Dentex Title also has an on-site abstracting plant directly
across the street from the City Hall West building for
convenience and use by City staff.
Dentex Title has a reduced Escrow Fee for all City, State and
Governmental agencies, which is $50.40 per transaction.
Title Policy premiums are set by the Texas Dept. of Insurance.
A premium schedule is attached.
Dentex Title Company is an Independent Agent for Alamo Title
Insurance, and Lawyers Title Insurance.companies.
300 NORTH ELM . SUM 101 • DEMOK TEXAS 76201 • (6) n 5660252 . FAX (317) lid 5 .
_ y~ .,.r- AV', t: x., -1..t ~•ue~•-a i1 '~6n~~,~~•.L n;r 4 r, w , L
EXHIBIT "B"
LAWyW 7If%t P"AHC1 Cotnoll11WN p% MUMS SHALL U CALCULASW AS FOLLOWS
SOM" OF " FOR /O"S IN JXCESS OF $100.000
f
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Kw raw M" 1f11a. w, lim am w.Mr r,w
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...111 f M1N.rrdr,eM m,.l7
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1% %q 390 ~ri-I.orc ln. Marf ...r
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01
,
CITY COUNCIL REPORT Apeaes kr,~
Agenda Item _z ^
Date P
i
DATE: September 25, 1997 f
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Professional Service's Agreement (York Environmental Services)
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute a Professional Services Agreement;
authorizing the expenditure of funds; and providing for an effective date
SUMMARY/BACKGROU'NP.
The City of Denton, Engineering and Transportation Department will be acquiring the necessary
additional right-of-way for the U.S. Highway 77 widening project. As part of the process, an
environmental inspection must be secured for each parcel. As per TxDOT guidelines, Mr. York
has reviewed these requirements and will provide the service per the agreement.
pgOG_gAMc DEPARTMENTS, OR GROUPS AFFECTED
This professional service will decrease the chance of acquiring a parcel for right-of-way with
an existing environmental hazard. TxDOT, the general public, and public utilities will be
affected should an environmental hazard be discovered on a parcel and need mitigating causing
delays in utility relocations, highway reconstruction, detours, etc.
FISCAL IMPACT:
Cost for right-of-way purchase (appraisals; real property acquisition; title policy; utility and
fence relocations). The cost of the environrnental inspection service is not to exceed $35,000. j
RESPECTFULLY SUBMI'i'I ED:
y
Rick Svehfa
Deputy City Manager
• Prepared by: • •
Roger N. Wilkirtson
J
1 Ciark
for of ngineering & Transportation
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A `
PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL CONSULTING
WITH YORK ENVIRONMENTAL SERVICES ON CERTAIN PARCELS OF LAND FOR
RIGHT-OF-WAY EXPANSION OF U.S. HIGHWAY 77; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING A14 EFFECTIVE DATE,
WHEREAS, it is necessary to obtain the services of qualified environmental
professionals to evaluate potential environmental hazards and concerns on fifty-seven parcels of
land prescribed for right-of-way expansion of U. S. Highway 77; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute a Professional Services
Agreement for environmental evaluation and consuldng with York Environmental Services on
fifty-seven parcels of land for right-0f--way expansion for U.S. Highway 77, substantially in the
form of the contract which is attached to and made a part of this ordinance for all purposes.
SECTION 11. That the City Manager is authorized to make the expenditures as set forth
in the attached 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
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BY:
• APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: `
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PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL CONSULTING
STATE OF TEXAS $
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the day of
, 1497, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter celled "OWNER" and York Environmental Services, with its corporate
office at P.O. Box 256, Myra, Texas 76253, hereinafter called "CONSULTANT," acting herein,
by and through their duly authorized representatives.
WHEREAS, it is necessary to obtain the services of a qualified environmental
professional to evaluate potential environmental hazards and concerns on fifty-seven parcels of
IwA prescribed for expansion of U.S. Highway 77;
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
RT E
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the 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 4
professional services set out herein are in connection with the following described project:
Environmental assessment on fifty-seven (57) parcels of land for widening of U.S.
I1ighway 77,
ARTICLE
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
v A. To perform all those services set forth in CONSULTANT's letter proposal of August 22,
1997, which proposal is attached hereto and made a part hereof as Exhibit "A" as if
J written word for word herein
B. CONSULTANT shall perform all those services set forth in individual task orders, if any,
which shall be attached to this Agreement and made a part hereof for all purposes as
separate agreements.
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C. 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 shall 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, a^.ting through its City Manager or his designee.
ARTICLE IV
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as e,.perses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of environmental
consulting.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, trarsportation and equipmenl,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
1 B. BILLING AND PAYMENT: For and in consideration of the professional services the cost
pcrfonr:d by the CONSULTANT herein, the OWNER agrees to pay, based on • estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made
a part of this Agreement 83 if written word for word herein, a total fee, including i
reimbursement for direct non-labor expenses not to exceed $35,009.00.
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
• design"; however, under no circumstances shall any monthly statement for services •
exceed the value of the work performed at the time a statement is rendered. The
J OWNER may withhold the final rive percent (5%) of the contract amount until
completion of the Project.
Nothing contained in this Mcle 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
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is be
not submitted in compliancy nts otthtee CONSULTANT when the ONSULTA shall not
required to make any pay
default under this Agreement.
It is specifically understood and agreed thtat 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 III "Additional Services," without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall
be due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be increased by
the rate of one percent (1%) per month from the said sixtieth (60') 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 (1%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, "Compensation."
ARTICLE V
OBSERVATIGN 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 r
CONSULTANT or any subcontractors or subconsultants.
ARTICLE Vl
OWNERSHIP OF DOCUMENTS _
+ All documents prepared or furnished by the CONSULTANT (and ONSULTANT's
J subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the terminations of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense.
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In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
_ARTICLE VII
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 against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
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 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.
ARTICLEIX
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:
1 A. Automobile Liability Insurance with bodily injury limits of not less than $50,000 for each '
i person and not less than SI130,000 for each accident, and with property damage limits of
• i not less than $50,000 for each accident.
J D. Professional Liability Insurance with limits of not less than 51,000,000 annual aggregate.
C. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall crime 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 thirty (30) days' prior written
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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
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other mearts 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.
A.l3T. a Xl
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying die non-performance, and not less than thirty (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 services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date or termination. The
OWNER shall pay CONSULTANT for all services property rendered and satisfactorily
performed and for reimbursable expanses to termination incurred prior to the date of
termination, in accordance with Article IV "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
• ARTICLE XII I ~ • •
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 end competency of their designs or other
work; not shall such approval be deemed to be an assumption of such responsibility by the
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OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
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
Statcs mail to the address shown below, certified mail, return receipt requested, unkss otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT: To OWNER:
C. Ed York City of Denton
York Environmental Services Roger Wilkinson, Right-of-Way Agent
P.O. Box 256 215 East McKinney
Myra, Texas 76253 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement, consisting of 9 pages and I exhibit, constitutes the complete and final
expression of the agreement of the parties, and is intended as a complele 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 XV
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 and shall not cause the remainder to be invalid or unenforceable. In such 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 hereunder as they may now read or
hereinaner be amended.
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ARTICLE XVII
DISCRIMINATION PROIIIBITED
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 XVI1I
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
OWNER. CONSULTANT shall inform the OWNER of any connict of interest or
potential conflict of interest that may arise during the term of this Agreement.
D. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE 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 ao evidence of any waiver or modification shall be offered or received in evidence
1 in any proceeding arising between the parties hereto out of or affecting this Agreement, or the i
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 waived unless as set forth herein.
• ARTICLE XXI ! •
J MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement; (list exhibits)
D. 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
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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.
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C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shell be C. Ed York. 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 projects with all
applicabk dispatch, in a sound, economical, and 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 arw4ing 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 raider this Agreement
0, The captions of this Agreement are rot informational purposes only, and shall nM 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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CITY OF DENfON, TEXAS
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TED BENAVIDES, CITY MANAGER
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY-
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY:
CONSULTANT
C. Ed York
York Envi nlal Services
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WITNESS:
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EXHIBIT A
York Environmental Services
505 N. Maple Stmt
Mue+uter, Tenn 76252
(940) 736-2392
FACSIMILE
No. Pages 4
August 21, 1997
Mr. Roger N. Wilkinson FAX: (940) 349-7707
City of Denton
221 N. Elm Street
Denton, Texas 76201
Subject: Cost Estimate - U. S. 77 Plan of Proposed Right of Way
Fifty-seven (57) Prescribed ROW Parcels
TX DOT Environmental Checklist
Bear Mr. Wilkinson;
Listed below is our cost estimate for performing a total of fifty-seven (57) environmental
assessments on parcels of land prescribed for right of way expansion for U. S. highway 77.
All assessments will be in accordance with the Texas Department of Transportation
Environmental Checklist. Estimated costs are based on the drawings provided during our
meeting on August 13, 1997 and on the number of hours required to perform each of Parts 1
through 6 of the checklist for small tracts (less than 1.0 acre), medium size traets (between
1.0 acre and 3.0 acres) and large tracts (over 3.0 acres).
• Twenty-six (26) right of way parcels are prescribed for small tracts less than one acre in
original size. The following tracts are figured in this category: 15, 16, 17, 18, 19, 20, 21,
23, 24, 25, 26, 27, 28, 30, 31, 32, 37, 43, 48, 49, 50, 51, 53, 54, 55, and 56. Costs for
these parcels are:
Part No. DeKtintion Hours cost-- `
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) Current Land Use 0.5.1.0 $ 45.00
2 Property Other Uses 3.0-4.0 180.00
3 Site Observations 0.5-1.0 45.00
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Roger Wilkinson Page 2
City of Denton
4 Transformers, etc (part of 3) (see part 3)
5 Lead, Asbestos (part of 3) (see part 3)
6 112 mile activities 2.0-3.0 135.00
SUBTOTAL $ 405.00
TOTAL (26 parcels 0 $405.00) $101530.00
' Costs are based on maximum estimated time squired to perform each task.
Eight (8) right of way parcels are prescribed for medium sized tracts between one (1) and
three (3) acres in size. Parcels included in this category are: 8A-B, 35, 36, 40, 41, 42, 44,
and 62. Estimated costs for these parcels are:
Pan No. otion Hours. Cost,
Current Land Use 0.5-1.0 S 45.00
2 Property Other Uses 3.0-4.0 180.00
3 Site Observations 1.0-2.0 90.00
4 Transformers, etc (part of 3) (see part 3)
5 Lead, Asbestos (part of 3) (see part 3)
6 112 mik activities 3.0-0.0 180.00
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SUBTOTAL $ 495.00 ,
TOTAL (8 Parcels Q $495.00) $ 3,960.00
• Costs are based on maximum estimated time required to perform each task. - • •
Twenty-three (23) right of way parcels are prescribed from large ((acts greater thin three
(3.0) acres in size. These parcels include; I, 2, 3, 4.1 & 4-2, 5, 6A & 6AE & 6B, 7, 10, 9-
1 & 9-2, 11, 12, 0 & 13E, 14, 29, 33A. 33B, 33D, 33F, 330, 34, 38, 52 and 51. t
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Roger Wilkinson Page 3
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City of Denton
&stimated costs to perform these assessments are:
part No scri ion Hours. - Cos t' -
I Current Land Use 0.5.1.0 $ 45.00
2 Property Other Uses 3.0-4.0 130.00
3 Site Observations 2.0-3.0 135.00
4 Transformers, etc (part of 3) (see part 3)
5 Lead, Asbestos (part of 3) (see part 3)
6 1/2 mile activities 4.0-5.0 225.00
SUBTOTAL $ 585.00
TOTAL (13 parcels ® $585,00) $ 13, 455,00
Costs are based on maximum estimated time required to perform each task.
The total costs for performing environmental site assessments per the Texas Department of
Transportation Environmental Checklist on all prescribed right of ways parcels is
527,945.00. Costs include preparation and submittal of the Environmental Checklist and
letter of transmittal for each parcel,
1 Note that the time estimated for a portion of Part 1 and Parts 3, 4 and 5 are based on the
time required to perform site reconnaissance, i.e. time on location. A portion of Part 1 and
all of Part 2 will require use of past tax records and examination of Denton County deed
records in order to determine property use over the past approximately 60 years were
possible. Costs associated with Part 2 are somewhat constant.
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Part 6 of the Environmental Checklist requires a record search of local, state and federal
databases to determine present and possible past activities which may pose potential
envirorunental concerns for the subject property. Reconnaissance in the vicinity of the sites • •
is also conducted to locate activities or remnants of past activities which may impact the
subject property.
Please understand that the time estimated for performing each part of the checklist is based
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Roger Wilkinson Page 4
City of Denton
on the cumulative knowledge gained from one parcel to the neat. In as much, if each parcel
•;were assessed independerrtly, the cost would be higher. Therefore this cost estimate is valid
only in its entirety. Separate stand alone bids can be submitted for specific parcels if
necessary.
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We are ready to begin the environmental assessments immediately. It is estimated that three
(3) to rive (S) parcels an be assessed per week. The entire project could be completed in 12
to 20 weeks.
Thank you for allowing me to be of service. Please call me at (940) 736-2342 (home office)
or (214) 808-8631 (nubile) if I you have any questions or if I can be of further auistance.
I look forward to working with you and the City of Denton.
Sincerely Yours,
C. EdKork,
Certified Environmental Specialist
York Environmental Services
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Member of Me FAslronmewal Asswme ! AssocWion t
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York Environmental Services
505 N. Maple Street
Muenster, Texas 76252
(940) 736-2393
September 25, 1997
Mr. Roger N. Wilkinson
City of Denton
221 N. Urn Street
Denton, Texas 76201
Subject: Professional Resume
Dear Mr. Wilkinson;
Please find attached my professional resume listing qualifications and experience
per our discussions yesterday. York Environmental Services is a small Professional
engineering and consulting services group. We have been in business since October, 1992.
We are consulting firm with very diverse environmental experience.
A cross sectional sampling of project experience includes the following:
Phase I Environmental Site Assessments
Phase Il Environmental Site Assessments
Soil and Groundwater Studies
Offshore Gulf of Mexico Environmental Studies
Offshore Air Quality Reviews
Spill Prevention Control and Countermeasure (SPCC) Plans
Normally Occurring Radioactive Materials (NORM) Surveys
NORM Worker Protection Plans
Noxious Air Emissions Control
Air Permitting
Stormwater Runoff
Fugitive Emissions Monitoring
Air Emissions InventorylRecordkeeping
Wastesiream sampling and analysis
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1 would be happy to discuss this information or additional needs in greater detail at your
convenience. Please do not hesitate to contact me at (817) 736-2392 (home office) or (214)
j 80&8631 (mobile).
1 simc~ely oa~
Certi red Environmental Specialist
York Environmental Services
enclosure; Professional Resume
Marrber of she EnWomkwal Asseumew Assocfadoe
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York Environmental Services
505 N. Maple Street
Muenster, Texas 76252-2230
Phone: (940) 736-2393
C. Ed York
PROFESSIONAL RESUME
OBJECTIVE
Provide professional environmental engineering and consulting services to Oil & Gas, Municipal and
Industrial Clientele.
QUALIFICATIONS
Professional work ethic.
Knowledgeable, Experienced
Proven project management abilities. Thoroughness in getting thejob done.
Excellent written and oral communication skills. Proven and effective people skills.
Self-starter, dependable, merts deadlines, adapts to timelpressure constraints and likes challenges.
EXPERIENCE
YORK ENVIRONMENTAL SERVICES
October 1992 to Present:
Envirorune I 4Lsult2n!
Principal ownertoperator of an independent environmental consulting service. Utilizes environmental
experience and background to provide a broad scope of environmental consulting services to Oil and
• Gas Comtpardes, Manufacturingllndustriai Clientele, and Municipalities.
CORE LABORATORIES, a division of Western Atlas International
Integrated Environmental Services
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March 1992 to September 1992:
Marketing Director rnteStated Environmental Services _
Responsible for marketing and project development for Integrated Environments] Services worldwide.
Perforated project design. cost estimation, proposal development and contracting as well as sales and
marketing of environmental engineering and consulting services.
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C. %d York Resume, Page 2
June 1991 to Match 1992:
Operations Manager. Eastern Ui:iIed S
Responsible for integrated Environnxntal Services operations in the eastern half of the United States.
Management of environmental chemistry, bioassay, and corrosion laboratories based in Lafayette,
Louisiana, Responsible for the development of environmental engineering and consuldrig services,
August 1989 to Jane 1991:
Marsaatr- Environmental Engi mdi a
Managed a group of engineers and assistant engineers working on environmental engineering projects
related to the oil and gas and manufacturing industries. Projects included underground injection.
regulatory compliance, waste recycling, rnvironmental guidance documentation, air quality,
envirorunemal impact analysis, site usessments, pit closures, underground storage tank removal,
asbestos removal, on-site analytical laboratory management, training presentations, sampling plan
development, NORM surveys, groundwater monitoring, and air emissions engineering.
February 1985 to August 1989:
ManatK Cofe Analysis Services
Manager of Core Laboratories' most technically advanced special core analysis services laboratory in
Dallas, Texas. Directed 3 laboratory supervisors with advanced degrees and 31 laboratory personnel
in performing commercial geophysical and geo4echri5cal laboratory testing. The laboratory typically
generated over $175,000 in revenues per month and produced 20 to 40 percent profit.
Was responsible for developrrtent and installation of computerized state-of-the-art technologies
including in-situ conditions capillary pressure testing, two phase and three phase relative permeability,
reservoir conditions formation damage, and in-situ stress detection by acoustic anisotrophy.
Interfaced with many advanced-degree (PhD.) oil company research personnel to accomplished many
specialized testing projects from around the world.
August 1983 to February 1985:
tQnrtnrts Maruuter, United Kingdom
Based in London, England: responsible for cr..;nercial laboratory business operations in Europe and
North Africa. Set up a Special Core Analysis Services operation in Aberdeen Scotland. Technically
trained local residents to provide high quality attalytial services marketed throughout Europe,
Replaced self with a capable local resided operations manager in order to return to the United Slues
• to assume other duties.
February 1978 to August 1983:
Core Laboratories Production gamb
f Served in various management and non-management capacities performing special production research
projects for the oil and gas and environmental Industries. Responsible for many on-site projects
S requiring procurement, set-up and calibration of equipment and training of technlal staff for on-she • •
j work. Projects required precise and unarguable test rrtethodo ogy due to the legal Implications of the
J data, Provided expert testimony on several on-site projects.
a C. Ed York Resume. Page 3
1
EDUCATION
Bachelor of Science Biology/Chenustry from the University of Houston in 1975.
Worked on Masters of Science in Chemical Engineering at the University of Houston; 1975-1978.
TECHNICAL ASSOCIATIONS
Environmental Assessment Association, National Water Well Association, Society of Core Analysts,
Society of Professional Well Log Analysts. Society of Petroleum Engineers
PROF'EWONAL CERTIFICATIONS
Envir"dnerual Assessment Association
Certified Environmental Specialist # 11735
PERSONAL
Age, 44
Health, Excellent
Marital Status! Married
Children: 3
REFERENCES
Mr. Louis Hoover, II!
Regional Regulatory Representative
Phillips Petroleum Company
101 Feu Follet Road
Lafayette, Louisiana 70506
(318) 2614137
Mr. Stephen D. Broyles
City of Muenster
P. O. Box 208
• Muenster, Texas 76252
(940) 759.2236
l
Mr. Ray Nichols
Guaranty National Bank J,
P. 0. Box 667
Gainesvilk, Texas 76241
• (940) 668-8531 • •
ry,ry
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Agenda Ne. g-
Agenda Item Z
Dale _L -
CITY OF DENTON TEXAS Fkwms Ds t • 215 E. AIe0wVy Denton, Texas 76201
Tekwp one !940) 349-8288 • DFW Motto 1972) 434.2529 FAX (940) 349.7789
MEMORANDUM
DATE: October 16, 1997
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City M?.iager of Finance
SUBJECT: CONSIDER APPROVAL OF A RESOLUTION NOMINATING A MEMBER(SI
TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL
APPRAISAL DISTRICT
RECOMMENDATION: Staff has no recommendation
SUMMARY: Attached, please find a resolution to nominate a candidate(s) for possible f
appointment to the Denton Central Appraisal District's (OCAD) Appraisal Review
Board (ARB). Please do not confuse the nominee for the Appraisal Review Board with
the election for the Appraisal District Board of Directors.
Members of the Appraisal Review Board serve two year terms. As you are aware, the
Appraisal Review Board hears all appeals that are presented to the Appraisal District
during the months of May through July and throughout the rest of the year as appeals
are requested. Since this is a very time consuming process during May through July,
the individual who serves on the board should be available full-time during these
months. Though the Appraisal Review Board members are nominated by taxing
jurisdictions they are appointed by the Appraisal District Board of Directors.
• Attached is a list of current Appraisal Review Board members, and their terms. Please
note that terms for both Appraisal Review Board members nominated by the City of
Denton do not expire this year. In 1996, the City Council nominated Jane Fulton,
Roland Laney and Wallace Beaty to serve as ARB members. The DCAD Board of
Directors selected Roland Laney and Wallace Beaty to serve two year terms until
1996. ti
• Nominations are due to the Appraisal District by October 31, 1997. The Board of • •
Directors is scheduled to make their selection during their November meeting. I have
also attached information from the Appraisal District concerning the qualifications,
appointment, and compensation of members of the Appraisal Review Board.
'Dr&aird to QuaLry Smite .
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1 '
October 16 1997
Page 2. K
CONSIDER APPROVAL OF A RESOLUTION NOMINATING A MEMBERIS)
TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL
APPRAISAL DISTRICT
PROGRAMS DEPAWMNTS OR GROUP AFFECTED: There are no specific
departments or programs affected by this nomination.
FISCAL IMPACT: There is no direct fiscal impact.
Respectfully submitted:
1
i
t
Ke Du ie~
Assistant City Manager of Finance tt`
i
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Pr aced By:
Jo ort ne
Dir tot of nagement and Budget
JF:lth
Attachment
AFF01327
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RESOLUTION NO.
A RESOLUTION NOMINATING A MEMBER TO THE APPRAISAL REVIEW BOARD OF
THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the term of office for various Appraisal Review Board members of the
Denton Central Appraisal District will expire on December 31,1997; and
WHEREAS, the City of Denton, Texas wishes to nominate member(s) to said Board;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I. That the City of Des►ton. Texas hereby as ~ber(s) to the Appraisal
Review Board of the Denton Central Appraisal District
g,CjION II. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: i
APPROVED AS TO LEGAL FORM: i
• HERBERT L. PROUTY, CITY ATTORNEY r •
f~r -
BY: I
E~OXSAES1O'IATE APMArM BOAAn ,
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AE CE IYEOI 10 10-07y 11400; 3011 7616 0Fr0M•CITM•ACLTO: 03
OCT-10-1997 13:42 FF01 DETTTOH APPRAISAL DISTRICT TO 3+697799 P•02
I Grip 1 Tom - Jan 1496 Nrm, ltsikkvbl 1.7.131'!94 I'
f1. of SPRO"
617 ine Sluff
Lem isle, TX. 75067
o h 12/31/98 j
riq Mal Tom - Jaa 1997 Term 9x6i;as
TOlf I ; ;
626 i
T,evi ille. Tx 75067
Ori 1` Tern - Jan. 1995 TPA >b~iis~s.i~ 1~l31/9A
R Li111~
I`
Lana
2~50n6 cc 76202
r1 Term -.our. 149+ Te1c1m ~~i ~1s1'197
0.w. L UL SEEM= '160 Malin& court
plow Mound, Tx 75026
Ori l Tarm - July 1993 TOM ldgpires, 12/31)97 ~
i
1 6 Dlair Aced
Jus Th 76]17
12/3f)9a6
B Torsi ~Aii"e
Or TOM - Jan. 1993
Rt. ,sox $25
LNn , The 76201
' 4 i.Nal Toss' - Jan. 1993 Torsi n1v~t ? 12/309 CmLX WIND
'P.O sox o
:Justin, The 76'ss r-V626
•Oti iaa4 Tara - Jan. 1996 1brd~ RsPirk~I, 12/3297
J . 7► xnfe sx '
500 Piet Stets Baak Bldg.
• 101 S. Locust I
Den on, Tx 76201
al 'Test - Jao.. 1996: Term 12/31f9~ E
L Q1141f.61ID . k !i E
• 7ton street j ` ` f •
Otk
Lpas, tx 75065 11
TOTAL P.e2
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•
APPRAISAL REVIEW BOARD
OValification. Appointment and Comcensation
Who Can Serve?
To serve on the ARB, you must have lived in the appraisal district for at least two years
before taking office. You don't need any special qualifications, but you may not serve on
the board if you ue:
A former member of the govemibg body, officer or employee of a
taxing unit or a former director, officer or employee of the appraisal
district will be ineligible to serve on the Appraisal Review Board in
counties with a population exceeding 300,000.
You also may not serve as an ARB member if you are closely related to a person who
operates for compensation as a tax agent or is in the business of appraising property for
property tax purposes in the appraisal district. Relatives barred are those within the
second degree of consanguinity or affinity. If you knowingly violate this provision, you
commit a class B misdemeanor. This provision took effect September I, 1989, and
applies only to ARB members serving terms that began after that date.
The law also bars from ARB service members who contract with the appraisal district or
with a taxing unit in the appraisal district. The bar applies if the member or a business
entity in which the member has a substantial interest contracts with the appraisal district
or a taxing unit that participates in the appraisal district. Likewise, the same taxing units
and the appraisal district are each prohibited from contracting with an ARB member or a
business entity in which an ARB member has a substantial interest. Substantial interest is
defined as either:
1. Combined ownership by the member or the member's spouse of at least 10
percent of the voting stock or shares of the business. f
2. Service by the member or the member's spouse as a partner, limited partner or
officer in the business entity.
You may also not serve if you hold some other paid public office. The Texas _
• Constitution does not allow a person to hold more than one paid public office. • •
i
r
-
S. B. 1017 requires the Comptroller to approve curricula, provide materials and supervise
a course for training ARB members. The Comptroller shall issue certificates indicating
course completion. All ARB members must complete the course or may not participate
in ARB hearings. The bill also prohibits former appraisal district and taxing unit
employees, CAD board members and members if taxing units' governing bodies from
serving on the ARB in that CAD. (Effective September 1, 1997)
ARB Terms and Size
Members serve two-year staggered terms: approximately half the member's teams expire
each year. Terms begin January 1. The appraisal district dhcttxs appoint ARB
members by a majority vote and record their decision in a resolution.
Teams are limited based on the size of the population in the county served by the
appraisal district. A person in an appraisal district serving a county with a population of
more than 300,000 may not serve more than all or part of three terms on the An. After
F completing the third terra, the persoa may never serve on the ARB again.
A" Compensation
The ARB receives a $50.00 minimum for a half day and S 12.50 an hour for any hours
worked after the $50.00 minimum. The maximum pay is capped at $ 100.00 per day
i
An Meetings
ARB regular meetings are the third Wednesday of each month at 9:00 A.M.
ARB reappraisal hearings will start on a daily basis, as needed, from late May until the
appraisal roll is approved usually in late July. Meetings will normally be from 9:00 AM.
to 5:00 P.M. Effective January I, 1998, ARB's must provide hearing times in the
evening and on a Saturday or Sunday.
r fi •
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•
A"Ads No.
Agenda Item-
oats. DATE: 10-21-97
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: October 21, 19997
SUBJ: An ordinance authorizing the City Manager to enter into a one-year
extension of the agreement between the City of Denton and the North
Texas Education and Training CO-OP for an English as a Second
Language Program; and providing an effective date.
RECOMMENDATION:
Community Development staff recommends approval.
BACKGROUND:
The City has entered into an agreement with Borth Texas Education and
Training CO-OP (NTETC) to provide an English as a Second Language
Program to Spanish-speaking residents for FY 1997. Extending the
contract to September 30, 1998 will allow NTETC to continue the ESL
program and spend their fund balance of 511,517.15.
The Human Services Committee recommended the use of $30,000 for an
ESL program to be implemented in FY 1997, for Spanish speaking
residents. Because the recommendation was over $30,000, the service was
competitively bid with North Texas Education and Training CO-OP
receiving the contract.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Beneficiaries of the program
North Texas Education and Training CO-OP
Human Services Committee
• Community Development staff
r
FISCAL IMPACT:
The extension will allow NTETC to spend the remaining fund balance of
3
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.,,:.._,,.-~u..v...Asa'Y'N..~Jf.~'..Wt.::.dhs:.....;:. ll-••. - _.~J.~r..
$11,517.15, that was original allocated from FY 1997. There will be no additional
fiscal impact to the City.
Please advise if 1 can provide additional information.
RESP LLY S BN=D
Rick Svebla
Deputy City Manager
Prepared by:
Derrick Collins
Human Services Coordinator
Approved by-
D id Hill
Director of Planning and Development
Attachments:
Copy of the ordinance
Agreement between the City of Denton and North Texas Education and Training
C"P
2
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.lAr....-.. ~ 4 jJ IT'
ORDINANCE NO.
AN ORDINANCE AUTHORIZfNG THE CITY MANAGER TO ENTER INTO A ONE-YEAR
EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE
NORTH TEXAS EDUCATION AND TRAINING CO-OP FOR AN ENGLISH AS A SECOND
LANGUAGE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the City entered into an agreement with the North
Texas Education and Training Co-op for an English as a second language program; and
WHEREAS, the City Council deems it in the public interest to extend said agreement for
another year, through September 30, 1998; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute a First Amendment
to the 1996-97 Agreement between the City of Denton and the North Texas Education and
Training Co-op to extend the term of said agreement for one year, through September 30, 1998,
said First Amendment to be substantially in the form of the First Amendment to the Agreement
which is attached to and made a part of this ordinance for all purposes.
SECTION H. That the City Manager is authorized to make the expenditures as set forth
in the attached Agreement.
SECTION 111. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of '1997.
E
JACK MILLER, MAYOR
• ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
• APPROVED AS TO LEGAL FORM: ~ • . •
HERBERT L. PROUTY, rITY ATTORNEY
E.V O S'ARDN TEx. MU14 M A? '
3
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•
STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO 1996-97 AGREEMENT
BETWEEN THE CITY OF DENTON AND NORTH
TEXAS EDUCATION AND TRAINING CO-OP
Tnis First Amendment to that certain 1996-97 Agreement, hereinafter referred to as
"Base Agreement" between the City of Denton, a Texas municipal corporation, hereinafter
referred to as "City," and the North Texas Education and Training Co-op, a Texas non-profit
corporation, hereinafter referred to as "Contractor."
WHEREAS, the City and Contractor deem it in the public interest to extend the
Agreement for an additional year, through September 30, 1998;
WITNESSETH:
SECTION 1. That the second "Whereas" clause of the Base Agreement is hereby
amended to read as follows:
WHEREAS, City has adopted a budget for such funds and included therein is an
authorized budget for expenditure of funds for an English as a second lapguage program;
and
SECTION II. That Section 1 "Term" of the Base Agreement is hereby amended to read
as follows:
This Contract shill commence on or as of October 1, 1996, and shall terminate on
September 30, 1999.
SEC71ON_ 111. That save and except as amended hereby, all the remaining sections,
paragraphs, sentences, and clauses of the above-mentioned Base Agreement shall remain in full
force and effect.
• IN WITNESS OF WHICH this Contract has been executed on this the day of
1997 by the duly authorized officials of the City and Contractor.
1
CITY OF DENTON
• l
TED BENAVIDES, CITY MANAGER
:J
10
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY f
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY f
BY:
NORTH TEXAS EDUCATION AND
TRAINING CO-OP
BY: L
Title: E7oAlrlx DtKMTdt
1
F I)O %X nX IRAMW COOP
Por. 2 s
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, =:\877005\R\.YLE7.MY~
1996 - 1997
AGREEMENT BETWEEN THE CITY OF DENTON
AND NORTH TEXAS EDUCATION AND TRAINING CO-OP
This contract is made and entered into by and between the City
of Denton, a Texas municipal corporation, acting by and through its
city Manager, pursuant to ordinance, hereinafter referred to as
CITY, and North Texas Education and Training CO-OP, 117 E. Warren,
Denton, Texas 76202, a Texas non-proEit corporation, hereinafter
referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U. S.
Department of Housing and Urban Development under Title I of the
Housing and Community Development Act of 1974, as amended; and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized budget for expenditure of funds for
assistance to the homeless families; and
WHEREAS, CITY has designated the Community Development Office
as the division responsible for the administration of this contract
and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter
described.
1.
TERM
This Contract shall commence on or as of October 1, 1996, and
shall terminate on September 30, 1997.
RESPONSIBILITIES
•
CONTRACTOR hereby accepts the responsibility for the perfor-
mance of all services and activities, described in the Work State-
ment attached hereto as Exhibit A, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein.
CITY will consider CONTRACTOR's executive officer to be CONTRAC-
TOR's representative responsible for the management of all L
• contractual matters pertaining hereto, unless written notification • O
to the contrary is received from CONTRACTOR, and approved by CITY.
The CITY'S Community Development Administrator will be CITY's
representative responsible for the administration of this
Agreement.
6 c~
III.
CITY'S OBLIGATION
A. Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B. Notwithstanding any other
provision of the Contract, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the
sum of $30,000.00.
B. Measure of Liability. In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR, CITE
shall make payments to CONTRACTOR based on the Budget attached
hereto and incorporated herein for all purposes as Exhibit B, sub-
ject to the limitations and provisions set forth in this Section
and Section VII of this Contract.
(1) The parties expressly understand and agree that
CITY's obligations under this Section are contingent upon the
actual receipt of adequate Community Development Block Grant
(CDBG) funds to meet CITY's liabilities under this Agreement.
if adequate funds are not available to make payments under
this Agreement, CITY shall notify CONTRACTOR in writing within
a reasonable time after such fact has been determined. CITY
may, at its option, either reduce the amount of its liability,
as specified in Subsection A of this Section or terminate the
Agreement. If CDBG funds eligible for use for purposes of this
Agreement are reduced, CITY shall not be liable for further
payments due to CONTRACTOR under this Agreement,
(2) It is expressly understood that this Agreement in no
way obligates the General Fund or any other monies or credits
of the City of Denton.
(3) CITY shall not be liable for any cost cr portion
thereof which:
(a) has been paid, reimbursed or is subject
to payment or reimbursement, from any other
• source;
(b) was incurred prior to the beginning date, !
or after the ending date specified in
Section I; ;
is not in strict accordance with the r
• terms of this Contract, including all exhibits '
attached hereto; or
(d) has not been billed to CITY within thirty ;
(30) calendar days following billing to CON-
TRACTOR, or termination of the Contract,
whichever date is earlier.
i
(e) is not an allowable cost as defined by Section
XI of this Agreement or the project budget.
(4) CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of CON-
TRACTOR requiring prior written authorization from CITY, or
after CITY has requested that CONTRACTOR furnish data concern-
ing such action prior to proceeding further, unless and until
CITY advises CONTRACTOR to proceed.
v'1es CONTRA
(5) CITY shall not be obligated or liable under thin
Contract to any party other than CONTRACTOR for payment of any
monies or provision of any goods or services.
IV.
COMPLIANCE WITH STATE and LOCAL LAWS
A. CONTRACTOR understands that funds provided to it pursuant
to this Agreement are funds which have been made available to CITY
by the Federal Government (U.S. Department of Housing and Urban
Development) under the Housing and Community Development Act of
1974, as amended, in accordance with an approved Grant Application
and specific assurances. Accordingly, CONTRACTOR assures and
certifies that it will comply with the requirements of the Housing
and Community Development Act of 1974 (P.L. 93-383) as amended and
with regulations promulgated thereunder, and codified at 24 CFR.
The foregoing is in no way meant to constitute a complete
compilation of all duties imposed upon CONTRACTOR by law or
administrative ruling, or to narrow the standards which CONTRACTOR
must follow.
CONTRACTOR further assures and certifies that if the
regulations and issuances promulgated pursuant to the Act are
amended or revised, it shall comply with them, or notify CITY, as
provided in Section XXIV of this Agreement.
CONTRACTOR agrees to abide by the conditions of and comply
0 with the requirements of the Office of Management and Budget
Circulars Nos. A-110 and A-122.
y.
B. CONTRACTOR shall comply with all applicable federal laws,
laws of the State of Texas and ordinances of the City of Denton. r
V. y
. REPRESENTATIONS ! !
A. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official f
motion, resolution or action passed or taken, to enter into this
Agreement.
PAGE 3
8
r
B. The person or peraons signing and executing this
Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee
that he, she, or they have been fully authorized by CONTRACTOR to
execute this Agreement on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions „
herein set forth.
C. CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Agreement if
there is a dispute as to the legal authority of either CONTRACTOR
or the person signing the Agreement to enter into this Agreement.
CONTRACTOR is liable to CITY for any money it has received from
CITY for performance of the provisions of this Agreement if CITY
has suspended or terminated this Agreement for the reasons
enumerated in this Section.
D. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Agreement will in no way be sub-
stituted for funds and resources from other sources, nor in any way
serve to reiuce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had
this Agreement not been executed.
VI.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out
all of the activities and services set out in the Work Statement,
attached hereto and incorporate.; herein for all purposes as
Exhibit A, utilizing the funds described in Exhibit 8, attached
hereto and incorporated herein for all purposes and deemed by both
parties to be necessary and sufficient payment for full and satis-
factory performance of the program, as determined solely by CITY
and in accordance with all other terms, provisions and requirements
of this Agreement.
No modifications or alterations may be made in the Work State-
ment without the prior written approval of the City's Community
Development Administrator.
VII.
PAYXZNTS TO CONTRACTOR
~ r
` A. Payments to Contractor. The CITY shall pay to the CON-
TRACTOR a maximum amount of money totaling $30,000 for services l
rendered under this Contract. CITY will pay these funds on a reim-
bursement basis to the CON:RACTOR within twenty, days after CITY has
received supporting documentation. Those CONTRACTORS who fail to iy -
request reimbursement on a timely basis, may jeopardize present or
future funding.
PAGE 4
9
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•
B. Excess Payment. CONTRACTOR shall refund to CITY within
ten (10) working days of CITY's request, any sum of money which has
been paid by CITY and which CITY at any time thereafter determines:
(1) has resulted in overpayment to CONTRACTOR: or
(2) has not been spent strictly in accordance with the
terms of this Agreement; or
(3) is not supported by adequat_ 'ocumentation to fully
justify the expenditure.
C. Disallowed Costs. Upon termination of the Agreement,
should any expense or charge for which payment has been made be
subsequently disallowed or disapproved as a result of any auditing
or monitoring by CITY, the Department of Housing and Urban
Development, or any other Federal agency, CONTRACTOR will refund
such amount to CITY within ten (10) working days of a written
notice to CONTRACTOR, which specifies the amount disallowed.
Disallowed salaries or wages must be returned to CITY in the
following format:
(1) A cashier's check for the net aggregate amount payable to
the City of Denton;
(2) A listing showing the Social Security number, full name,
last known complete address and the amount owed to each person
involved.
Refunds of disallowed costs may not be made from these or any
other funds received from or through CITY.
D. Deobligation of Funds. In the event that actual expendi-
tures deviate from CONTRACTOR's provision of a corresponding level
of performance, as specified in Exhibit A, CITY hereby reserves the
right to reappropriate or recapture any such under expended funds.
E. Contract Close Out. CONTRACTOR shall submit the
Agreement close out package to CITY, together with a final
expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within ten
(10) working days following the close of the Agreement period. ;
CONTRACTOR shall utilize the form agreed upon by CITY and CONTRAC-
TOR. ti
VIII.
J WARRANTIES
CONTRACTOR represents and warrants that: I
A. All information, reports and data heretofore or hereafter
PAGE 5
}
10
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requested by CITY and furnished to CITY, are complete and accurate
as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without
written notice to CITY.
B. Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condition
of CONTRACTOR.
C. No litigation or legal proceedings are presently pending
or threatened against CONTRACTOR related to the program described
in Exhibit A.
D. None of the provisions herein contravenes or is in con-
flict with the authority under which CONTRACTOR is doing business
or with the provisions of any existing indenture or agreement of
CONTRACTOR.
E. CONTRACTOR has the power to enter into this Contract and
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
Contract.
F. None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY.
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment.
IX. l
COVENAPTS `
During the period of time that payment may be made hereunder
and so long as any payments remain unliquidated, CONTRACTOR shall /
not, without the prior written consent of Community Development
Administrator or his authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or '
hereafter acquired by it, or permit any pre-existing mort-
gages, liens, or other encumbrances to remain on, or attached E
to, any assets of CONTRACTOR which are allocated to the per-
formance of this Contract and with respect to which CITY has
ownership hereunder.
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(2) Sell, assign, pledge, transfer or otherwise dispose
of accounts receivables, notes or claims for money due or to
become due.
(3) Sell, convey, or lease all or substantial part of
its assets.
(4) Make any advance or loan to, or incur any liability
for any other firm, person, entity or corporation as guaran-
tor, surety, or accommodation endorser.
(5) Sell, donate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorizes such transfer.
C. CONTRACTOR agrees, upon written request by CITY, to
require its employees to attend training session3 sponsored by the
Community Development Office.
X.
ALLOWABLE COSTS
A. costs shall be considered allowable only if incurred
dire,:tly specifically in the performance of and in compliance with
this Agreement and in conformance with the standards and provisions
set forth in Exhibits A and B.
B. Approval of CONTRACTOR's budget, Exhibit B, does not
constitute prior written approval of the expenditure of funds, even
though certain items may appear herein. CITY's prior written
authorization is required in order for the following to be con-
sidered allowable costs: f
(1) Encumbrance or expenditure during any one month
period which exceeds one-fifth (1/5) of any budgeted line
items for costs as specified in Exhibit 8.
(2) CITY shall not be obligated to any third parties,
including any subcontractors of CONTRACTOR, and CITY funds
shall not be used to pay for any contract service extending
beyond the expiration of this Agreement.
(3) Out of town travel.
%
(4) Any alterations or relocation of the facilities on
and in which the activities specified in Exhibit A are con- t
• ducted. • •
(5) Any alterations, deletions or adlitions to the
Personnel Schedule incorporated in Exhibit B.
(6) Costs or fees for temporary employees or services.
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(7) Any fees or payments for consultant services.
(8) Fees for attending out of town meetings, seminars or
conferences.
written requests for prior approval are CONTRACTOR's responsibility
and shall be made within sufficient time to permit a thorough
review by CITY. Contractor must obtain written approval by CITY
prior to the commencement of procedures to solicit or purchase
services, equipment, or real or personal property. Any procurement
or purchase which may be approved under the terms of this Agreement
must be conducted in its entirety in accordance with the provisions
of this Agreement.
X1.
PROGRAM INCOME
A. For purposes of this Agreement, program income means
earnings of CONTRACTOR realized from activities resulting from this
Agreement or from CONTRACTOR's management of funding provided or
received hereunder. Such earnings include, but are not limited to,
income from interest, usage or rental or lease fees, income
produced from contract-supported services of individuals or
employees or from the %se or sale of equipment of facilities of
CONTRACTOR provided a result of this Agreement, and payments
from clients or th' 3rties for services rendered b CONTRACTOR
under this agr^n-. ez
S. )R s. ,1_ maintain records of the receipt and
disposition. ci scam Income in the same manner as required for
other conttac" rt.id4. and reported to CITY in the format prescribed
by CITY. CITY and CONILAACTOR agree, based upon advice received from
representatives of the U.S. Department of Housing and Urban
Development (HUD), that any fees collected for services performed
by CONTRACTOR shall be spent only for service provision. These fees
or other program income will be deducted from the regular
reimbursement request.
C. Contractor shall include this section in its entirety in
all of its sub-contracts which involve other income-producing
• services or activities. )
D. It is CONTRACTOR'S responsibility to obtain from CITY a
prior determination as to whether or not income arising directly or
indirectly from this Agreement, or the performance thereof,
constitutes program income. CONTRACTOR is responsible to CITY for
the repayment of any and all amounts determined by CITY to be
• program income, unless otherwise approved in writing by CITY. ! •
XII.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received under this Agreement, in compliance with the
PACE 8
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provisions of Exhibit B, attached hereto, and with any other ap-
plicable Federal and State regulations establishing standards for
financial management. CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Agreement or any ap-
plicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
B. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under this Agreement for the period of time and under the
conditions specified by CITY,
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said
representatives.
XIII.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and'deem pertinent to matters covered by
this Agreement.
CONTRACTOR shall submit quarterly beneficiary and financial reports
• to CITY no less than once each three months. The beneficiary
report shall provide detailed client information, including race, f
income, female head of household and other statistics required by
CITY. The financial report shall include information and data
relative to all programmatic and financial reporting as of the
I--eginning date specified in Section I of this Agreement.
Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
within ten (10) days after receipt of such.
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XIV.
MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of CONTRACTOR'S
performance under this Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the Work
Statement, and Program Goals and Objectives, which are attached
hereto as Exhibit A, as well as other provisions of this Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the
development, implementation and maintenance of record-keeping
systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill ite monitoring and evaluation responsi-
bilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff.
E. After each official monitoring visit, CITY shall provide
CONTRACTOR with a written report of monitoring findings.
F. CONTRACTOR shall submit copies of any fiscal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC-
TOR.
XV.
DIRECTORS' MEETINGS
During the term of this Agreement, CONTRACTOR shall cause to
be delivered to CITY copies of.'all notices of meetings of its Board
of Directors, setting forth the time and place thereof. Such
notice shall be delivered to CITY in a timely manner to give
adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. CONTRACTOR understands
and agrees that CITY representatives shall be afforded access to
0 all of the Board of Directors' meetings. "
Minutes of all meetings of CONTRACTOR's governing body shall
be available to CITY within ten (10) working days of approval. j
XV I .
INSURANCE ! • a
A. CONTRACTOR shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Agreement.
B. CONTRACTOR shall obtain, for the premises on and in which
the activities described in Exhibit A are conducted, and for the
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employees conducting these activities, premise liability insurance,
commonly referred to as 'Owner/Tenant" coverage, with CITY named as
an additional insured. Upon request of CONTRACTOR, CITY may, at
its sole discretion, approve alternate insurance coverage arrange-
ments.
C. CONTRACTOR will comply with applicable workers' compensa-
tion statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR. All employees of CONTRACTOR who are required to drive
a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability
insurance. Evidence of the employee's current possession of a
valid license and insurance must be maintained on a current basis
in CONTRACTOR's files.
E. Actual losses not covered by insurance as required by
this Section are not allowable costs under this Agreement, and
remain the sole responsibility of CONTRACTOR.
F. The policy or policies of insurance shall contain a
clause which requires that City and Contractor be notified in
writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation.
XVII.
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CITY's approval a written
plan for compliance with the Equal Employment and Affirmative
Action Federal provisions, within thirty (30) days of the effective
date of this Agreement.
B. CONTRACTOR shall comply with all applicable equal employ-
ment opportunity and affirmative action liws or regulations..
• C. CONTRACTOR will furnish all information and reports re-
quested by the CITY, and will permit access to its books, records, f
and accounts for purposes of investigation to ascertain compliance
with local, state and Federal rules and regulations.
D. In the event of CONTRACTOR's non-compliance with the
non-discrimination requirements, City may cancel or terminate the _
Agreement in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY.
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XVIII.
PERSONNEL POLICIES
CONTRACTOR shall establish and maintain personnel policies
which shall be available for examination. Such personnel policies
shall:
A. Be no more liberal than CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
ment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body
of CONTRACTOR and by CITY.
XIX.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreemen:.
CONTRACTOR further covenants that in the performance of this
Agreement, no person having such interest shall be employed or
appointed as a member of its governing body.
B. CONTRACTOR further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others, particularly those with which he has
family, business, or other ties.
C. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1) participate in any decision relating to
the Agreement which affects his personal interest or the interest
in any corporation, partnership, or association in which he has f
direct or indirect interest; or (2) have any interest, direct or I
0 indirect, in this Agreement or the proceeds thereof.
XX.
NEPOTISM '
CONTRACTOR shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is
currently employed by CONTRACTOR, or is a member of CONTRACTOR's
governing board. The term "member of immediate family" includes:
wife, husband, son, daughter, mother, father, brother, sister, k
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister.
PAGE 12 .21 ;
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XXI.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve,
and no portion of the funds received by CONTRACTOR hereunder shall
be used, either directly or indirectly, for any political activity
(including, but not limited to, an activity to further the election
or defeat of any candidate for public office) or any activity
undertaken to influence the passage, defeat of final content of
legislation.
B. None of the performance rendered hereunder shall involve,
and no portion of the funds received by CONTRACTOR hereunder shall
be used for or applied directly or indirectly to the construction,
operation, maintenance or administration, or be utilized so as to
benefit in any manner ant sectarian or religious facility or
activity.
XXII.
PUBLICITY
A. where such action is appropriate, CONTRACTOR shall
publicize the activities conducted by CONTRACTOR under this
Agreement. In any news release, sign, brochure, or other
advertising medium, disseminating information prepared or
distributed by or for CONTRACTOR, mention shall be made of the U.S.
Department of Housing and Urban Development's Community Development
Block Grant Program funding through the City of Denton having made
the project possible.
B. All published material and written reports submitted
under this project must be originally developed material unless
otherwise specifically provided in this Agreement. When material
not originally developed is included in a report, the report shall
identify the source in the body of the report or by footnote. This
provision is applicable when the material is in a verbatim or
extensive paraphrase format.
All published material submitted under this project shall
include the following reference on the front cover or title page:
This document is prepared in accordance with the City of J
Denton's Community Development Block Grant Program, with
funding received from the United States Department of Housing
and Urban Development.
C. All reports, documents, studies, charts, schedules, or
other appended documentation to any proposal, content of basic 0
proposal, or contracts and any responses, inquires, correspondence
and related material submitted by CONTRACTOR shall become the -
property of CITY upon receipt.
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xxIII.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding for the program
described in Exhibit B in accordance with the following procedures.
A. When the application is in the planning stages, CON-
TRACTOR shall submit to CITY a description of the funds being
applied for, and the proposed use of funds.
B. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if any,
of such funding on the funds an. program(s) contracted hereunder.
Such notice shall be submitteC to CITY, in writing, within ten
(10) working days of receipt of the notice of award or funding
award by CONTRACTOR, together with copies of the budget, program
description, and contract.
C. CONTRACTOR shall not use funds provided hereunder, either
directly or indirectly, as a contribution, or to prepare applica-
tions to obtain any federal or private funds under any federal or
private program without the prior written consent of CITY.
YXIV.
CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of
this Agreement shall be by written amendment executed by both
parties, except when tha terms of this Agreement expressly provide
that another method shall be used.
B. CONTRACTOR may not make transfers between or among ap-
proved line-items within budget categories set forth in Exhibit B
without prior written approval of CITY. CONTRACTOR shall request,
in writing, the budget revision in a form prescribed by CITY, and
such request for revision shall not increase the total monetary
obligation of CITY under this Agreement. In addition, budget
revisions cannot significantly change the nature, intent, or scope
• of the program funded under this Agreement.
C. CONTRACTOR will submit revised budget and program in-
formation whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B.
0 D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur during the term of this Agreement. Any such modi-
fications are to be automatically incorporated into this Agreement
without written amendment hereto, and shall become a part of the
Agreement on the effective date specified by the law or regulation.
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E. CITY may, from time to time during the term of the -
Agreement, request changes in Exhibit A which may include an
increase or decrease in the amount of CONTRACTOR's compensation.
Such changes shall be incorporated in a written amendment hereto,
as provided in Subsection A of this section.
F. Any alterations, deletions, or additions to the Agreement
Budget Detail incorporated in Exhibit B shall require the prior
written approval of CITY.
G. CONTRACTOR agrees to notify CITY of any proposed change
in physical location for work performed under this Agreement at
least thirty (30) calendar days in advance of the change.
H, CONTRACTOR shall notify CITY of any changes in personnel
or governing board composition.
1. It is expressly understood that neither the perfornance
of Exhibit A for any program contracted hereunder nor the transfer
of funds between or among said programs will be permitted.
t
XXV.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely
and properly perform each of the requirements, time conditions and
duties provided herein, CITY, without limiting any rights it may
otherwise have, may, at its discretion, and upon ten (10) working
days written notice to CONTRACTOR, withhold further payments to
CONTRACTOR. Such notice may be given by mail to the Executive
Officer and the Board of Directors of CONTRACTOR. The notice shall
set forth the default or failure alleged, and the action required
for cure.
The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event shall
it exceed thirty (30) calendar days. At the end of the suspension,
period, if CITY determines the default or deficiency has been sat-
isfied, CONTRACTOR may be restored to full compliance status and I r
paid all eligible funds withheld or impounded during the suspension K
• period. if, however, CITY determines that CONTRACTOR has not come
E
into compliance, the provisions of Section XXIII may be effectu-
ated.
l
XXVI.
TERMINATION
A. CITY may terminate this Agreement with cause for any of
the following reasons:
(1) CONTRACTOR's failure to attain compliance during any
prescribed period of suspension as provided in Section XXV.
(2) CONTRACTOR's violation of covenants, agreements or
guarantees of this Contract.
PAGrE 15 q;` 7 2
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(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development.
(4) Finding by CITY that CONTRACTOR:
(a) is in such unsatisfactory financial condition
as to endanger performance under this Agreement;
(b) has allocated inventory to this Agreement
substantially exceeding reasonable requirements;
(c) is delinquent in payment of taxes, or of costs
of performance of this Agreement in the ordinary course
of business.
(5) Appointment of a trustee, receiver or liquidator for
all or substantial part of CONTRACTOR's property, or institu-
tion of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR.
(6) CONTRACTOR's inability to conform to changes
required by Federal, State and local laws or regulations as
provided in Section IV, and Section XXIV (D), of this
Agreement.
(7) The commission of an act of bankruptcy.
(8) CONTRACTOR's violation of any law or regulation to
which CONTRACTOR is bound or shall be bound under the terms of
the Agreement.
CITY shall promptly notify CONTRACTOR in writing of the
decision to terminate and the effective date of termination.
Simultaneous notice of pending termination maybe made to other
funding sources specified in Exhibit B.
B. CITY may terminate this Agreement for convenience at any
time. If this Agreement is terminated by CITY for convenience,
CON'T'RACTOR will be paid an amount not to exceed the total tf
• accrued expenditures as of the effective date of termination. In
no event will this compensation exceed an amount which bears the
same ratio to the total compensation as the services actually
performed bears to the total services of CONTRACTOR covered by the
Agreement, less payments previously made.
C. CONTRACTOR may terminate this Agreement in whole or in
• part by written notice to CITY, if a termination of outside funding • •
occurs upon which CONTRACTOR depends for performance hereunder.
CONTRACTOR may opt, within the limitations of this Agreement, to
seek an alternative funding source, with the approval of CITY, '
provided the termination by the outside :unding source was not
occasioned by a breach of contract as defined herein or as defined
in a contract between CONTRACTOR and the funding source in
question.
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CONTRACTOR may terminate this Agreement upon the dissolution
of CONTRACTOR's organization not occasioned by a breach of this
Agreement.
D. Upon receipt of notice to terminate, CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders or
subcontracts which relate to the performance of this Agreement.
CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred
after the termination date.
E. Notwithstanding any exercise by CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
liability to CITY for damages sustained by CITY by virtue of any
breach of the Agreement by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR until such time as the exact amount of
damages due to CITY from CONTRACTOR is agreed upon or otherwise
determined.
XXVII.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is
made or brought by any person(s), firm, corporation or other entity
against CONTRACTOR, CONTRACTOR shall give written notice thereof to
CITY within two (2) working days after being notified of such
claim, demand, suit or other action. Such notice shall state the
date and hour of notification of any such claim, demand, suit or
other action; the names and addresses of the person(s), firm,
corporation or other entity making such claim, or that instituted
or threatened to institute any type of action or proceeding; the
basis of such claim, action or proceeding; and the name of any
person(s) against whom such claim is being made or threatened.
Such written notice shall be. delivered either personally or by
mail.
XXM II.
INDEKKIFICATION
• A. It is expressly understood and agreed by both parties i
hereto that CITY is contracting with CONTRACTOR as an independent
contractor and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents end employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the par-
• formance or omission of any employee, agent or representative of • •
CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or con-
tractors from any and all claims, suits, causes of action, demands,
damages, losses, attorneys fees, expenses, and liability arising
out of the use of these contracted funds and program administration
PAGE 17
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and implementation except to the extent caused by the willful act
or omission of CITY, its agents, employees, or contractors.
XXIX.
MISCELLANEOUS
A. CONTRACTOR shall not transfer, pledge or otherwise assign
this Agreement or any interest therein, or any claim arising there-
under, to any party or parties, bank, trust company or other finan-
cial institution without the prior written approval of CITY.
S. If any provision of this Agreement is held to be invalid,
illegal, or unenforceable, the remaining provisions shall remain in
full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by CITY of any
breach of covenant or default which may then or subsequently be
committed by CONTRACTOR. Neither shall such payment, act, or
omission in any manner impair or prejudice any right, power,
privilege, or remedy available to CITY to enforce its rights
hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of CITY may
waive the effect of this provision.
D. This Agreement, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement,'understand-
ing or other commitment antecedent to this Agreement, whether
written or oral, shall have no force or effect whatsoever; nor
shall any agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an
amendment of this Agreement.
E. In the event any disagreement or dispute should arise
• between the parties hereto pertaining to the interpretation or
meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances or regulations, CITY as the party
ultimately responsible to HUD for matters of compliance, will have
the final authority to render or to secure an interpretation.
F. For purposes of this Agreement, all official communica-
tions and notices among the parties shall be deemed made as of the • •
date mailed if sent postage paid to the parties and address set for
below:
PAGE 18
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1A.
TO CITY: TO CONTRACTOR:
City Manager Director
City of Denton North Texas Education and Training
215 E, McKinney St. CO-OP
Denton, Texas 76201 P.O. Box 1604
Denton, Texas 76202
G. This Agreement shall to interpreted in accordance with
the laws of the State of Texas and venue of any litigation
concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
WITNESS OF iICH t is Contract has been executed on this
the day of 1996
CITY OF DENTON
BY:~
TED B AVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
•
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NORTH TEXAS EDUCATION AND TRAINING
CO-OP
16/U
BY: Lloyd Hebb
•
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ATTEST:
Ord !1e►v.ber :
mmoppay
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Oar-12-96 22:29P P.02
EXHIBIT "A"
WORK STATEMLNT
NORTH TEXAS EDUCATION AND TRAFNING CO-OP
North Texas Education and Training CO-OP is a private oon-profit corporation with the purpose
to initiate ans carry ova an area-wide program to improve the education and/or training of
individuals desiring such education and training and to build a client centered employment anti
training system which encourages and enables clicats to acquire the skills anti work attitudes
necessary to meet employer requirements for labor mantel entry, reentry and retention in
productive employrnent City of Denton fuoding will be used too hire an English As a Second
Language teacher and obtain trashing mataWs for the Instructor. This will assist the
organization in scoring tnembets of the Hispsnic community.
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EXHTRIT "B"
BUDGET
NORTH TEXAS EDUCATION AND TRAINING CO-OP
F,SL Ptog= Budget
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Agenda No, Agenda Item ~-3
Date
DATE: 10-21.97
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: October 21, 1997
SUB): An ordinance authorizing the City Manager to execute a first amendment
to the service agreement between the City of Denton and the Denton
Family Resource center, Inc. to provide assistance regarding education,
health, and general well-being of children to extend the term of the
agreement for one year, and providing an effective date.
RECOMMENDATION:
Community Development staff and the Vision Denton, Family Resource
Center Task Force recommend approval.
BACKGROUND:
The family center concept resulted from the Vision Denton process. The
family center will serve as a hub for educational, support, and information
and referral services for all parents and families. The grant will be used to
hire a director and secretary.
Denton has received a renewal contract from the Children's Trust Fund of
Texas (CTF) for the Family Resource Center demonstration site for fiscal
year 1998, CTF will fund for twelve months not to exceed $65,260 with
the option to renew for two yeas. The City subcontracted to the Denton
Family Resource Center, Inc. (DFRC) to carry out the project for focal
year 1997. The Denton Family Resource Center was not able to contract
directly with the CTF because they have not been an operational non-
profit organization for three yeah.
This ordinance will extend the term of the subcontract with the Denton
• Family Resource Center, Inc. to carry out the project and expend funds for
fiscal year 1998.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: /
Beneficiaries of human service programs
-
Local Human Service Agencies
• Vision Denton • O
Community Development staff
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FISCAL IMPACT:
Payments to the DFRC will be based on a projection of monthly expenditures
with reconciliation at the end of the month. The Children's Trust Fund will f
reimburse the City for eligible expenses. t
Please advise if 1 can provide additional information.
RESP LY S NUTTED:
Rick Svehla
Deputy City Manager
Prepared by:
Derrick Collins
Human Services Coordinator
Approved by
/J
D A~ITHOI
irector of Planning and Development
Attachments:
Copy of the ordinance
Agreement between the City of Denton and the Denton Family Resource Center,
Inc.
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON FAMILY RESOURCE CENTER, INC. TO PROVIDE ASSISTANCE
REGARDING EDUCATION, HEALTH, AND GENERAL WELLBEING OF CHILDREN TO
EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City and the Denton Family Resource Center, Inc., as a result of a grant
from the Children's Trust Fund of Texas, entered into an agreement to provide education, health,
and general wellbeing assistance for children; and
WHEREAS, the City Council deems it in the public interest to extend said agreement for
a period of one year, through August 31,1998; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute a First Amendment
to the Agreement between the City of Denton and the Denton Family Resource Center, Inc., in
substantially the form of the attached First Amendment which is attached to and made a W of
this ordinance for all purposes, to extend said Agreement through August 31, 1999.
SECTION IE, That the City Manager is authorized to make the expenditures as set forth
in the attached Agreement
SECTION 11I. 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:
J HERBERT L. PROUTY, CITY ATTORNEY
yam. ~ ,
BY: Jc~/ttC /~Zvw'
E'. OOCYORDDENTON FAMILY RESOO ECENTER
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STATE OF'IF.XAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO 19%-97 SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND DENTON FAMILY RESOURCE CENTER, INC.
This First Amendment to that certain 1996.97 Service Agreement between the City of
Denton, Texas, a Texas home-rule municipal corporation, hereinafter referred to as "City" and
the Denton Family Resource Center, Inc., a non-profit corporation, 1213 Locust Street, Suite
L(1), Denton, Texas 76201, hereinafter referred to as "Organization," this Agreement hereinafter
referred to as "Base Agreement."
WHEREAS, the City and the Organization have determined that it would be in their
interests to extend the time of performance under the Base Agreement through August 31, 1998;
NOW, THEREFORE, the parties hereto agree as follows:
F.
That Section III "Time of Performance" of the Base Agreement is heteby amended to
read as follows:
The services funded by the City shall be undertaken and completed by Organization
within the following time frame:
April 1, 1997 through August 31, 1998, unless the contract is sooner terminated
under Section VII "Suspension or Termination."
11.
That save and except as amended hereby, all the remaining sections, subsections,
paragraphs, sentences, clauses, and phrases of the Base Agreement shall remain in full force and
effect
•
IN WITNESS WHEREOF, the parties to hereby affix their signatures through their duly
authorized officials and enter into this Agreement as of the day of
0 1997.
CITY OF DENTON, TEXAS
BY.
TED BENAVIDES, CITY MANAGER
4
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
IIERBERT L. PROUTY, CITY ATTORNEY
j
BY:
DENTON FAMILY RESOURCE
CENTER, INC.
rj• larcy llankoff
President
ATTEST:
SECRETARY
BY.
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19% - 1997 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND DEN'FON FAMILY RESOURCE CENTER, INC.
This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule
municipal corporation, hereinafter referred to as "City", and the Denton Family Resource Center, Inc.,
a non-profit corporation, 1213 Locust Street, Suite L(I Denton, Texas 76201, hereinafter referred
to as "Organization";
WHEREAS, City has determined that the proposal for services merits assistance and can pro-
vide needed services to citizens of City and has accepted funds from the Children's Trust Fund of
Texas ("CTF") for the purpose of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
L SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for which
the monies provid,-d by City may be used:
Provide a Family Resource Center to offer access to information and assistance regarding the
education, health, and general well-being of their children
Organization shall perform those smites described in the Plan of Operation herein attached as
Exhibit A.
ii. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following terms
and conditions;
A. A sum not to exceed Sixty-five Thousand Two Hundred Sixty Dollars ($65,260) may be paid
to Organization by City on a reimbursement basis, subject to payment of money to the City
• by CTF on a cost-reimbursement basis in accordance with that certain Contract for Child
Abuse Prevention Services Children's Trust Fund of Texas Council between the City and
CTF, hereinafter referred to as "Cl F Contract". The only expenditures reimbursed from '
these funds shall be those in accordance with the project budget, attached hereto as Exhibit
B and incorporated herein by reference, for those expenses listed in the scope of services as
provided herein. Organization shall not utilize these funds for any other purpose.
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B. Organisation will establish, operate, and maintain an account system for tills program that wilt
allow for a tracLag of funds and a review of the financial status of the program. The system will
be based on generally accepted accounting principles as recognized by the American Institute
of Certified Public Accountants.
C. Organization will permit authorized officials of City to review its books at any time.
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D. Organization will reduce to writing All of its rules, regulations, and policies and file a copy with
City's Community Development Office along with any amendments, additions, or revision
whenever adopted.
E. Organization will not enter into any contracts that would encumber City fund., for a period that
would extend beyond the term of this Agreement.
F. Organization will promptly pay all bills when submitted unless there is a discrepancy in a bill;
any errors or discrepancies in bills shall be promptly reported to City's Executive Director of
Finance, or her authorized representative, for further direction.
G. Organization will appoint a representative who will be available to meet with City's Executive
Director of Finance and other City officials when requested.
H. Organization will establish a method to ensure the confidentiality of records and other informa-
tion relating to clients subject to applicable federal and state law, rules, and regulations, incldd-
ing but not limited to the Public Information Act, chapter 552 of the Texas Government Code.
Client information shall only be released in accordance with the decision of the Office of the
Attorney General.
1. Organization will indemnify and hold harmless City, its officers and employees, from any and
all claims and suits arising out of the activities of Organization, its employees, and/or contrac-
tors.
J. Organization will submit to City copies of year-end audited financial statements.
K. Organization shall fully comply with all the requirements of the CTF Contract, including,
without limitation, all the requirements and federal and stave taw, rules, regulations, and guide-
lines, and all the requirements of Section III of said CTF G+naut, a true and correct copy of
which is attached to this Agreement as Exhibit C and made a put of this Agreement for all pur-
poses. In particular, Organization agrees to do the following:
1. Adhere to federal and state law, rules, regulations, iv d guidelines provided in the CTF
Handbook and Guide to Procedures jor Grants mad; available on an annual basis.
2. L Comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504
of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act
• of 1990 (Public Law 101.336}, and all amendments to each, and all requrirements imposed • •
J by the regulations issued pursuant to these acts. These provide, in part, that no persons in
the United States shall, on the grounds of race, color, national origin, sex, age, disability,
political beliefs, or religion be excluded from participation in, or denied, any aid, care,
service, or other benefits provided by federal and/or state funding, or otherwise be sub-
jected to discrimination.
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b. Comply with the requirements of the Immigration Reform and Control Act of 1986
regarding employment verification and retention of verification forms for any individu-
als hired on or after November 6, 1986, who will perform any labor or services under
any contract between Organization and City.
c. Comply with Health and Safety Code §85.113 (relating to workplace and confidenti-
ality guidelines regarding AIDS and HM.
3. Comply with appropriate state licensing or certification requirements and with standards
prescribed by the Secretary of the United States Department of Health and Human Services.
4. a. Report any suspected case of abuse or neglect to the Texas Department of Protective and
Regulatory Services (DPRS) or a local law enforcement agency office as required by Act
of April 20, 1995, 74° Leg., Reg. Sess., ch. 20, § 1, 1995 Tex. Sess. Law Sere. 113, 260
(Vernon) (to be codified as Tex. Yam. Code Ann. §261.101 et seq.).
b. Verify and disclose, or cause its employees and volunteers to verify and disclose, cridii-
nal history and any current criminal indictment involving an offense against the person, an
offense against the family, or an offense involving public irdectney under the Texas Penal
Code as amended, or an offense under the Texas Controlled Substances Act, Tex. Rev. Civ.
Stat Ann. art 4476.15 as unendei This verification and disclosure will be required of all
who have dint contact with clients.
5. Be subject to an audit by a Certified Public Accountant and provide a copy of the audit to
City and CTF. Organization is expected to create and maintain adequate and auditable fis-
cal records, such as annual financial statements, tax returns, and agency budgets may be re-
quired and shall be made available to City or CTF upon request
6. Use generaily accepted accounting procedures as recognized by the American Institute of
Certified Public Accountants and follow CTF financial management policies and proce-
dures in maintaining fiscal records required to be kept under this Agreement
• 7. Hold the CTF of Texas and City harmless and indemnify the CTF Council and City, their
officers, and employees, from and against all claims, demwds, and causes of action which
may be asserted by any third party in connection with the performance of contracted serv-
ices.
8. Provide services in accordance with the Plan of Operation and allow CTF and City to
• monitor same. Some possible methods may include on-site visits, document review, qua- • •
tionnaires, or interviews.
9. Participate fully in any evaluation study of this program authorized by CTF or City.
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10. Not transfer or assign this AgreeaKat without the prior written consent of CTF and City.
CTF and City shall not transfer or assign this Agreement without consent of Organization.
Transfer or assignment without prior written consent of either party may result in termina-
tion of the Agreement in accordance with Section IIG of the CTF Contract.
if. Establish a method to ensure the confidentiality of records and other information relating
to clients subject to applicable federal and state laws, rules, and regulations, including but
not limited to the Public Information Act, chapter 552 of the Texas Government Code. Cli-
ent information shall only be released in accordance with the decision of the Office of the
Attorney General.
12. a. Submit billings for services and statistical documentation as required by CTF and City
to be received on the 1 S' day following the last day of the month in which the service is
provided. Non-receipt of the required billing and statistical documentation by this date will
be considered failure to comply with the Agreement Failure to comply is valid justifica-
tion for immediate termination of this Agreement and/or nonpayment of the billings or any
portion of the billings that are not received within the specified time limit. The Organiza-
tion further agrees to certify the amount of local financial participation directly supporting
the service being purchased with each request for payrnent submitted to CTF and City for
reirrih semeot
b. Submit performance reports quarterly or as required by CTF and City to b e received by
the 15° day following the last day of each quarter in which the service is provided. Non-
receipt of the required performance reports will be considered failure to comply with the
Agreement. Failure to comply is valid justification for immediate termination of this
Agreement. The Organization agrees that the information submitted is true and accurate.
The Organization further agrees to supply documentation to City for the purposes of veri-
fying reported information if requested.
13. Make available at reasonable times and for reasonable periods client records, books, and
supporting documents pertaining to services provided for inspecting, monitoring, auditing,
• or evaluating by CTF and City personnel or their representatives.
14. Maintain and keep financial and supporting documents, statistical records, wid other records
pertinent to the services for which a claim was submitted. The records and documents will
be kept for a minimum of four (4) years after the termination of the Agreement If any titi-
gation, claim, or audit imrolving these records begins before the four-year period expires,
• the Organization will keep the records and documents for not less than four (4) years and • •
until all litigation, claims, or audit findings are resolved. The case is considered resolved
when a final order is issued in litigation, or a written agreement is entered into between
CiT and City and City and Organization. Organization will keep records of nooexpe dsble
property acquired under the Agreement for four (4) yeah after final deposition of the prop-
erty. Contract period means the beginning date through the ending date specified in the
original agreement; extensions are to be separate contract periods. The contract period of
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renewed only twice, unless certain circumstances as determined by the CTF Council and
City require an extension of the period.
15. Account for program income related to projects financed in whole or in part with state
funds or implemented on behalf of the CTF program. Program income mesas gross income
earned by the Organization from contract-supported activities. Program income earned
during the contract period shall be retained by the Organization and, in acoordan'X with the
Agreement, shall be:
• Added to funds rocrunitted to the program by CTF and City and Organization and
be used to fiuther eligible program objectives; or
• With prior approval, used to finance the local match share of the program.
Records must be maintained to indicate deposit of funds back to the Children's Trust Fund
of Texas program. If more than one source provides monies for activities generating pro-
gram income, amounts deposited must be pro-rated. '
16. Notify CTF and City immediately of any significant change effecting the Organization and
Organization's identity, such as ownership or control, dame change, goN caning board mem-
bership, vendor identification number, and personnel changes aff~~ting the contracted
services. Changes must be provided in writing to CTF and City within 10 working days
after the changes are effective.
17. Refrain from entering into any subcontract for services without prior approval in writing
by CTF and City of the qualifications of the subcontractor to perform and meet the stan-
dards of this Agreement and its attached Plan of Operation. All subcontracts entered into
by the Organization will be subject to the requirements of this Agreement The Organiza-
tion agrees io be responsible io CTF and City for the performance of any subcontractor.
18. Be responsible for any audit exception or other payment irregularity in the program covered
by this Agreement, and all subcontracts, which is found after monitoring or auditing by
CTF and City or the United States Department of Health and Human Services, and be re-
sponsible for the collection and proper reimbursement to CTF and City of any amount paid
in excess of the proper billing amount. '
M Place prominent notices allowing the funding Organization receives from CTF and City in
all of its literature that describes services covered by this Agreement These notices will
also appear in the Organization's annual report, if any. • •
20. Acknowledge CTF and City copyright ownership for all materials, published and unpub-
lished, that are created with CTF and City funds. All original works of authorship created
using CTF and City finds shall be doemed a work-made-for-hire. CTF shall own the copy-
right and all other rights in such a work. In the event that it is determined not to be a worh:-
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right and all other rights in such a wo& 1. the event that it i• iereanined not to be a work-
made-for-hire, Organimion hereby assigns all rights in the works, including any copyright,
to CTF. CTF agrees to provide the developer of the work a non-exclusive, roya,ty-free li-
cense to use, reproduce, display, and distribute the work. CTF shall be a co-owner of the
copyright of a work that is created with more than one source of funding as provided by the
United States Copyright Law. CfF has the right to use, reproduce, and distribute any mate-
rial written or produced by the Organization that is the subject of this Agreement. If the
Organization is no longer in operation for any mason, all materials produced with CTF
funds must be returned to CTF, or, with CTF and City approval, may be wiuferred to an-
other agency.
21. Organization shall defend, indemnify, and hold harmless CTF, City and the State of Texas
against any claim, suit, or proceeding brought against the State of Texas, CTF, or City on
the issues of infringement of any copyright, trademark, patent, or other intellectual property
rights, by any product paM supplied by Organization to CTF or City tinder this Agreement.
The Organization will pay, subject to limitations specified in this paragraph, any final
judgment entered against the State of Texas, CTF, or City on this issue in any suit Or pro-
ceeding defended by the Organization. The Organization, at its We option, will be relieved
of this obligation if within 30 days after CTF and City receive notice, CTF and City fail to
notify the Organization in writing of any claim, suit, or proceeding, and at the Organiza-
tion's expense, give the Organization all information needed to settle anlor defend any
claim, suit, or proceeding. The Organization will report to the CTF and City within 30 days
and in reasonable written detail, each notice of claim of copyright infringement based on
the performance of this Agreement of which the Organization has knowledge.
22. Not use funding ruder this Agreement to Mum" the outcome of elections or the passage
or defeat of any legislative measures.
23. All notices given regarding this Agreement shall be sent to the following addresses:
Children's Trust City of Denton Denton Family Resource
Fund of Texas Community L`evelopmr at Office Center, Inc.
• 8929 Shoal Creek Blvd. 100 W. Oak, Suite 208 1213 Locust Street
Suite 200 Denton, Texas 76201 Suite L(I) i
Austin, Texas 78757-6851 Denton, TX 76201 '
111. TIME OF PERFORMANC]s
• The services funded by City shall be undertaken and completed by Organization within the fol-
lowing time frame:
April 1, 1997 through September 30, 1997, unlen the contract is sooner termlrwed under Sec-
lion VII "Suspension or Termination".
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IV. PAYMENTS
A. Payments to Organization. City shall pay to Organization a maximum amount of money not
to exceed Sixty-five Thousand Two Hundred Sixty Dollars (565,260) for services rendered un-
der this Agreement, contingent on receipt of Rinds by City from CTF under the CTF Contract.
Payments will be based on a projection of monthly expenditures with reconciliation at the end
of the month. Documentation ofexpc"tures must be submitted to the Community Develop-
ment Office by Lase 10° day following the last day of the month in which the service was pro-
vided. Organization's failure to provide the information on a timely basis, mayjeopardize pres-
ent or future funding.
B. Costs shall be considered allowable only if incurred directly specifically in the performance of
and in compliance with this Agreement and in conformance with the standards anJ pmvWons
of Exhibits A and B.
C. Approval of Organization's budget, Exhibit B, does not constitute prior written approval, even
though certain items may appear herein City's prior written authorization is required in order
for the following to be considered allowable costs:
I . Encumbrance or expenditure during any one month period which exceeds one-fourth (114)
of the total budget as specified in Exhibit B.
2. City shall not be obligated to any third parties, including any subcontractors of Organiza-
tion, and City funds shall rot be used to pay for any contract service extending beyond the
expiration of this Agreement.
Written requests for prior approval are Organization's responsibility and shall be made within
sufficient time to permit a thorough review by City. Organization must obtain written approval
by City prior to the commencement of procedures to solicit or purchase services, equipment,
or real or personal property. Any procurement or purchase which may be approved under the
terms of this Agreement must be conducted in its entirety in accordance with the provisions of
this Agreement.
1
D. Excess Payment Organization shall refund to City within ten (10) working days of City s
request, any sum of money which has been paid by City and which City at any time thereafter '
determines:
I
1. has resulted in overpayment to Organization, or -
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2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
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E. DeobligWon of Funds. In the event that actual expenditures deviate from Organization's
provision of a corresponding level of performance, as specified in Exhibit A, City hereby re-
sores the right to reappropriate or recapture any such under expended funds.
V Contract Close Out. Organization shall submit the contract close out package to City, together
with a final expenditure report, for the time period covered by the last invoice requesting mim-
bursement of funds under this Agreement, within fifteen (IS) working days following the close
of the contract period. Organization shall utilize the form agreed upon by City and Organza-
don.
V. PROGRAM INCOME
A. For purposes of this Agreement, "program income" means earnings of Organization realized
from activities resulting from this Agreement or from Organization's management of funding
provided or income from interest, usage or rental or lease fees, income produced from contract-
supported services of individuals or employees or from the use or sale of equipment or facilities
of Organization provided as it result of this Agreement, and payments from clients or third par-
ties for services rendered by Organization under this Agreement
B. Organization shall maintain records of the receipt and disposition of program income in the
same manner as required for Ww contract funds, and reported to City in the format prescribed
by City. City and Orgraization agree that any fees collected for services performed by Organi-
zation shall be spent only for service provision. Tbese fees or other program income will be de-
ducted from the regular payment request
C. Organization shall include this Section in its entirety in all of its sub-contracts which involve
other income-producing services or acdvides.
D. It is Organization's responsibility to obtain from City a prior determination as to whether or not
income arising directly or Indirectly from this Agreement, or the performance thereof, consti-
tutes program income, Organization is responsible to City for the repayment of any and all
amounts determined by City to be program income, unless otherwise approved in writing by
• City.
VI. FVALUA11ON '
Organization agrees to participate in an ►mplemeaution and maintenance system whereby the
services can be continuously monitored. Organization agrees to make available its financial records
• for review by City at City's discretion. In addition, Organization agrees to provide City the following • !
data and reports, or copies thereof:
A. All external or internal audits. Organization shall submit a copy of the annual irdeperd audit
to City within ten (10) days of receipt Audit will be condmxtwi by a certified public accountant
B. All external or internal evaluation reports.
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C. Quarterly performance/beneficiary reports to be submitted in January, April, July and Septem-
ber.
D. Organization agrees to submit quarterly financial statements in January, April, July, and Sep-
tember. Each statement shall include current and year-to-date period accounting of all revenues,
expenditures, outstanding obligations and beginning and ending balances.
E. An explanation of any major changes in program services.
F. To comply with this section, Organization agrees to maintain records that will provide accurate,
current, separate, and complete disclosure of the status of Rends received and the services per-
formed under this Agreement Organization's record system shall contain sufficient doctanenta-
tion to provide in detail full support and justification for each expenditure. Organization agrees
to retain all books, records, documents, reports, and written accounting procedures pertaining
to the services provided and expenditure of funds under this Agreement for the period of time
and under the conditions specified by the City. '
G. Nothing in the above subsections shall be construed to relieve Organization of responsibility
for retaining accurate and current records which clearly reflect the keel and benefit of services
provided under this Agreement.
. VIL DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver to City copies of all notices of
meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be
delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief
description of the matters lobe discussed. Organization understands and agrees that City's representa-
tives shall be afforded access to all meetings of its Board of Directors.
1 Minutes of all meetings of Organization's governing body shall be available to City within ten
I
(10) working days of approval.
VIII. SUSPENSION OR TERMINATION f
A. The City may terminate this Agreement with cause if the Organization violates any coveriatits,
agreements, or guarantees of this Agreement, the Organization's insolvency or filing of bank-
ruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to _
• which it is bound urAer the terms of this Agreement. • •
J B. This agreement is subject to ca,vellation, either in whole or in part, and on the availability of
state and/or federal funds. If funds for the agreement become unavailable during any budget pe-
riod, and CTT is unable to obtain additional funds, then this agreement will be temrinated or re-
duced. Termination under this section shall not subject CTF to a penalty or other claims.
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C. The City may terminate this Agreement for convenience at any time. If this Agreement is
terminated for convenience by the City, Organization will be paid an amount not to exceed the
total amount of accrued expenditures as of tlve effective date of termination In no event will
this compensation exceed an amount which bears the same ratio to the total compensation as
the services actually performed bears to the total services of Organization covered by the
Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions precedent to
the resumption of funding and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any unexpended City fords. Acceptance
of these funds shall not constitute a waiver of any claim City may otherwise have arising out
of this Agreement.
1X. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization will submit for City approval, a written plan for compliance •Hith the Equal
Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days
of the effective date of this Agreement.
B. Organization shall comply with all applicable equal employment opportunity and affirmative
action laws or regulations.
C. Organization will comply with Title Vi of the Civil Rights Act of 1964 (Public Law 88.352),
Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Dis-
abilities Act of 1990 (Public Law 101-336), and all arrwndments to each, and all requirements
imposed by the regulations issued pursuant to these acts. These provide, in part, that no persons
in the United States shall, on the grounds of race, color, na~aaal origin, sex, age, disability, po-
litical beliefs or religion be excluded from participation in, or denied, any aid, cane, service, or
other benefits provided by federal andlor state funding, or otherwise be subjected to discrimiis-
tion
• D. Comply with the requirements of the Immigration Reform and Control Act of 1986 regarding
employment verification and retention of verification forms for any individuals hired on or after
November 6, 1986, who will perform any labor or services under any contract between CTF and
the Contractor.
E. Comply with Health and Safety Code Section 95.113 (relating to workplace and confidentiality t _
• guidelines regarding AIDS and HIV). • •
F. Comply with appropriate state licensing or certification requirements and with standards pre-
scribed by the Secretary of the United States Department of Health and Humans Services.
0. Report any suspected case of abuse or neglect to the Texas Department of Protective and
Regulatory Services (DPRS) or a local law enforcement agency office as required by Act of
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April 20, 1995, 74th Leg.„ Reg. Sess., ch. 20,§1, 1995 Tex. Sess. Law Serv. 113,260 (Vernon)
(to be codified as Tex. Farts. Code Ann.'261.101 et seq).
H. Verify and disclose, or cause its employers and volunteers to verify and disclose, criminal
history and any current criminal indicmtmt involving an offense against the person, an offense
against the family, or an offense involving public indecency under the Texas Penal Code as
amended, or an offense under the Texas Controlled Substances Act, Tex. Rev. Civ. Star. Ann.
Art. 4476-15 as amended. This verification and disclosure will be required of all who have di-
rect contact clients.
1. Organization will furnish all information and reports requested by City, and will permit access
to its boola, records, and accounts for purposes of investigation to ascertain compliance with
local, State and Federal rules and regslations.
1. In the event of Organization's non-compliance with the non-discrimination requirements, the
Agreement may be canceled, terminated, or suspended in whole oc in part, and Organization
may be barred from further contracts with City.
OROAMZATION represents and warrants that:
A. All information, reports and data heretofore or bereafter requested by City and famished to City,
are complete and accurate as of the date shown on the information, data, or report, and, since
that date, have not undergone any significant change without written notice to City.
B. Any supporting financial statements heretofore requested by City and furnished to City, are
complete, accurate and fairly reflect the financial conditions of Organization on the date shown
on said report, and the results of the operation for the period covered by the report, and that
since said data, there has been no material change, adverse or otherwise, in the finertcial condi-
don of Organization.
• C. No litigation or legal proceedings are presently pending or threatened against Organization.
D. None of the provisions herein contravenes or is in conflict with the authority under wtrich `
Organization is doing business or with the provisions of any existing indenture or agreement
of Organization.
• E, Organization has the power to enter into this Agreement artd accept payments hereunder, and • •
has taken all necessary action to authorize such acceptance under the terms and conditions of
this Agreement.
V
F. Nora of the assets of Organization are subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements furnished
by Organization to city.
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Each of these representations and warranties shall be continuing and shall be deemed to have been
repeated by the submission of each request for payment.
XI. CHANGES AND AMENDME14TS
A. Any alterations, additions, or deletions to the terms of this Agreement shell be by written
amendment executed by both parties, except when the terms of this Agreement expressly pro-
vide that another method shall be used.
B. Organization may not make transfers between or among approved line-items within budget
categories set forth in Exhibit B without prior written approval of the Community Development
Administrator for the City. Organization shall request, in writing, the budget revision in a form
prescribed by City, and such request for revision shall not increase the total monetary obligation
of City raider this Agreement. In addition, budget revisions cannot significantly change the na-
ture, intent, or scope of the program funded under this Agreement
C. Organization will submit revised budget and program information, wherever the level of
funding for Organization or the program(s) described herein is altered according to the total kv-
cis contained in any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws
or regulations pursuant hereto may occur during the tam of this Agreement. Any such modifi-
cations are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulatiom
E. City may, from time to time during the term of the Agreement, request changes in Exhibit A
which may include an increase or decrease in the amount of Organization's compensation. Such
changes shall be incorporated in a written amendment hereto, as provided in Subsection A of
this Section.
F. Any alterations, deletions, or additiom to the Contract Budget Detail incorporated in Exhibit
H shall require the prior written approval of City. i
0, Organization agrees to notify City of any proposed change in physical location fir work per-
formed under this Agreement at least thirty (30) calendar days in advance of the change.
g, •
H. Organization shat) notify City of any changes in personnel or governing board composition.
I. It is expressly understood that neW= the performance of Exhibit A for any program contracted
hereunder nor the transfer of funds between or among said programs will be permitted.
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XII. INDEMNIFICATION
A. It Is expressly understood and agreed by both parties hereto that City is contractingwith
Organization as to Independent contractor and that as such, Organization shall save and
boll City, Its oNiccrs, agents and employees hsrmkss from aU liability of any nature or
kind, including costs and expenses for, or on account of, any claims, audit exceptions, des
mands, snits or damages of any character whatsoever resulting to whole or in part from
the performance or omission of any employee, agent or representative of Organization.
H. Organizatioa agrees to provide the defense for, and to indemnify and bold harmless City
its agents, employees, or contactors from any and all claims, suits, causes of action, des
wands, damages, losses, attorney fees, expenses, and liability arising oat of the use of these
contracted roads and program administration and impkascatatlon except to the extent
caused by the willful net or omission of City, Its agents or employes.
Xill. INSURANCE ,
A. Organization shall observe sound business practices with respect to providing such bonding and
insurance as would provide adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, the employees
conducting these activities, shall be covered by premise liability insurance, commonly referred
to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of Or-
ganization, City may, at its sole discretion, approve alternate insurance coverage arrangements.
C. Organization will comply with applicable worker' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for pro-
gram participants, if applicable.
D. Organizadon will maintain adequate and continuous liability insurance on all vehicles owned,
leased, or operated by Organization. All employees of Orgsnization who are required to drive
a vehicle in the normal scope and course of their employment must possess a valid Texas
• Drivees license and automobile liability iruurance. Evidence of the employee's current posses-
sion of a valid license and insurance must be maintained on a current basis in Organization's
files.
E. Actual losses are not covered by insurance as required by this Section are not allowable costs
under this Agreement, and remain the sole responsibility of Orgatlvtion.
F. The policy or policies of insurance shall contain a clause which requim that City and Organiza-
tion be notified in writing of any cancellation or change in the policy at least thirty (30) days
prior to such change or cancellation.
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XIV. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of its governing body presently has any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of services required to be performed tinder this Agreement. Organization further covenants that
in the performance of this Agreement, no person having such interest shall be employed or ap-
pointed as n member of its governing body.
B. Organization further covenants that no member of its govenfu* body or its staff; subcontractors
or employees shall possess any interest in or use his/her position for a purpose that is or gives
the appearance of being motivated by desire for private gain for himself/herself, or others; par-
ticularly those with which helshe has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who exercises
any function or responsibilities in the review or approval of the umdertalcing or carrying out of
this Agreement shall (1) participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or association in which he f'ias
direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the
proceeds thereof
XV. NEPOTISM
Organization shall Dot employ in any paid capacity any person who is a member of the immedi-
ate family of any person who is currently employed by Organization, of is a member of Organization's
governing board. The term "member of immediate family" includes: wife, husband, son, daughter,
mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, stepchild, half-brother
and half-sister.
XVI. NOTICE
Any notice or other wrinm instrument re;aired or permi"ed to be delivered under the terror of
this Agreement shall be deemed to have been delivered, whether actually received or not, when
• deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
addressed to Organization or City, as the case may be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Director ;
• Attn: City Manager Denton Family Resource Center • •
215 E. McKinney 1213 Locust, Suite L(1)
Denton, TX 76201 Denton, TX 76201
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
Page 14
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XVIL MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder to any party cr parties, bank, taut company or other fi-
nancial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain in full force and effect and continue to conform to the original intent of
both parties hereto.
C. In no event shall any payment to Organization hereunder, or any other act or failure of City to
insist in any one or more instances upon the terms and conditions of this Agreement constitute
or be construed in any way to be a waiver by City of any breach of covenant or default which
may then or subsequently be committed by Organization. Neither shall such payment, act, or
omission in any t uu=r impair or prejudice any right, power, privikge, or remedy available to
City to enforce its rights hereunder, which rights, power, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this pro4i-
Sion.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion. statement, understand-
ing, or other commitment occurring during the term of this Agreement, or subsequent thereto,
have any legal force or effect whatsoever, unless properly executed in writing, and if appropri-
ate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining to
the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws,
ordinances, or regulations, City as the party ultimately responsible to HUD for matters of com-
pliance, will have the final authority to render or to secure an interpretation.
F. This Agreement shall be interpreted in accordance with the laws of the State of Texts and venue
of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting
• in Denton County, Texas.
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IN WITNESS REOF, le~parties do hereby affix their signatures and enter into this
Agreement as of the ~ day of 1997.
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CITY OF DENTON, TEXAS
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY,
BY:
DENTON FAMILY RESOURCE CENTER,
IN C.
BY: 1
PRESIDENT ;
ATTEST:
SECRETARY
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EXHIBIT "A"
PLAN OF OPERATION OUTLINE
1. Problem
The Vision Denton Learn Committee was formed to define how education in Denton will work
for its citizens in the next century. After months of research, the committee agreed on the
following statements:
education at all levels is critical to an individual's effectiveness as they move through the
life cycle,
healthful family life encourages and suopoits education,
• a community's health and well-being are a reflection of its citizen's health and well-
being,
conscious, effectively integrated support programs for families contribute to citizens'
health and well-being, and
education improves as the health and well being of the citizenry improves.
These facts led to the development of the Family Resource Center Task Force whose mission is
to ensure that all families have access to information and assistance regarding the education,
health, and general well being of their children by developing and utilizing a Family Resource
Center. Thus, the idea for a Family Resource Center did not develop because of a specific
problem. It began as a proactive decision to shape our community. We hav.- taken an asset
oriented approach that views families. organizations, and institutions, formal and informal. as
resources that can contribute to the health of the community.
II. Target Population
The Family Resource Center Task Force visualized a family life center that would serge as a hub
for educational, support, and information and referral services for all parents and families in the
City of Denton. Through this approach families, schools, and family service agencies can
become partners in a proactive approach to family development.
Denton is a city of 66,270 residents located 37 miles north-northwest of Dallas and 35 miles
north-northeast of Fort Worth. Denton is the county seat of Denton County, the fastest growing
county in the state of Texas (1990 Census). The ethnic composition is 81 % Anglo, 91/6 Black, 2%
Asian and Pacific Islander, and 80i: Hispanic. The Hispanic population is rapidly increasing
• mirroring the population trend throughout Texas. The projected population for Denton in the year
2000 is 79,385. The median family income is $35,444 and IO% of Denton families live below
the poverty line. According to 1990 Census 180,1e of the 13,786 families in Denton are single
parent households. Of the female head of households with children five and younger, 54.7% live
in poverty.
• The Denton Independent School District has approximately 12,500 students with a longitudinal • •
dropout rate of 1.4%. However, 300/c of students have been id.ntified at risk of dropping c,it. In
addition, DISD has assessed the school readiness of kindergarten and first grade students and
22
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23"o were not school ready.
The task force estimates that 100 parents and 50 children will be served in the first year. Parents
and families will be recruited through schools and tufiversities, social service organizations, civic
groups, religious organizations/institutions, mass media outlets, business organizations
111. Goals and Objectives
The goal of the Denton Family Resource Center {DFRC) is to strengthen and support families.
DFRC seeks to provide assistance to build family skills and assist parents in improving their
capacities to be supportive and nurturing parents; encourage parent involvement in children's
teaming, development, and education; help parents develop and strengthen support networks that
er'iance effective parenting; encourage development and effective use of community resources
for families; and help prevent child abuse, family violence, and other negative family outcomes.
The task force is currently awaiting the results of a needs assessment conducted in coordination
with The University of North Texas Survey Research Center. Key informant interviews with
knowledgeable individuals %vho represent the diversity of the community have been completed.
The Task Force is conducting focus groups with hard to reach parents and residents. In addition.
the Survey Research Center will complete a random sample survey of residents and a family
service provider survey.
A collaboration conference is being planned and will be funded by the Vision Learn Committee
to facilitate coordination of information and referral services. Regular meetings of a Family
Resource Network. with representatives from organizations in the community, will be initiated at
the conference to improve community fife for families, to improve access for family members,
and to facilitate families advocating for themselves and their children.
Results from the needs assessment and collaboration conference will help provide direction and
focus for the goals and objectives of DFRC.
IV. Plan of Action
The following list contains activities that will take place during the first year of operation. The
f tasks have been divided into five categories: Board of Directors, Administration, Program,
Evaluation and Funding and Public Relations. The timeline details these activities further. 1
Board of Directors
• Incorporate DFRC
• Hire an Executive Director
Orient board members regarding their role and the organization's expectations
• Select officers, committee structure and schedule of meetings
~iniStratl0n
Secure location and equipment
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• Prepare three-year strategic plan
• Develop office and personnel policies and insurance needs
• Develop finamial management system
ProgL
• Determine staff needs, advertise, and select qualified staff
• Identify sources of materials needed for the referral and information resource
room
• Plan outreach strategies
• Conduct community awareness activities about available services and volunteer
opportunities
• Train staff and volunteers
• Select curricula materials for parent classes
• Network with community agencies
• Community-wide collaboration conference
• Establish Parent Advisory Council
Evaluation
• Work with consultants to design an evaluation plan
Funding and Public Relations
• Work with administration staff to access ongoing funding
• Plan fund raising events
• Contact media outlets
V. Key Individuals
The Director will have the following responsibilities:
providing general management and oversight of DFRC office operations and staff; organizing
community support for DFRC projects/programs; working with the community to establish goals
and priorities; designing an evaluation plan; identifying potential funding sources; and
developing and coordinating primary service deliverywith emphasis placed on parent education,
early childhood intervention, and family support.
• The Board of Directors will he representative of the people, cultures and values of the
community and committed to achieving the goals of DFRC. The Board will be responsible for
policy making and the financial system of DFRC. It is anticipated that the board wilI share fund-
raising and marketing duties with the Director.
A Parent Advisory Council will be formed to plan, evaluate and guide the center in being a place
• where any parent will feel comfortable, and where they can be assured that a knowledgeable and ` • •
helpful professional staff can help meet their interests and needs. The establishment of a parent
phone network will be an initial objective.
Volunteers will play an essential role in the center. Individuals will be encouraged to donate their
24
skills and special talents. This will allow all community groups to participate in the center,
creating ownership that will help ensure success.
VI. Expectations
Expectations for the project include prevention of child abuse and neglect; improving parent
leaming and capacity as well as other family members; encouraging development and effective
use of community resources; encouraging parent involvement in children's learning,
development, and education; increasing the number of referrals and families served; increasing
student achievement; and empowering parents to provide leadership and make decisions
affecting the direction of the Center.
VII. Program Evaluation
A brief framework of the evaluation model is described below. The steps are contingent upon the
identification of community needs that will determine Center goals and objectives: 1) Identify
Program Goals and Objectives; 2) Define Evaluation Questions; 3) Define Information needed to
answer questions; 4) Identify Inforation Users; 5) Plan Method(s) of collecting
information/data; 6) Collect Data; and 7) Data Analysis and E•:2luation Report.
Steps 1-5 should be completed during the Ist quarter of the year. It is suggested that data will be
collected in-house as well as outside the agency to determine effectiveness and satisfaction of
referring agencies as well as parents. This evaluation may be accomplished by Center
stakeholders and a University consultant. It is an ongoing process that develops beer time
requiring activity throughout the year. The end result will be an evaluation that is continuous and
flexible. Center staff, volunteers and parents will clearly understand the purpose and their roles in
successfully carrying out the evaluation plan.
The City of Denton and the Denton Family Resource Center agree to participate fully in CTF
statewide evaluation of funded programs. It is understood that compliance with the evaluation is
a condition of funding. This participation may include: 1) assistance in development of
evaluation instruments and reporting forms, 2) attendance at training sessions, 3) timely
submission of accurate data, 4) access to program clients and participants, 5) adherence to
evaluation protocols and procedures, and 6) cooperation with requests from CTF and CTF
• program evaluators. Data are likely to include: 1) quarterly reports that include: summaries of
program activities, types of services offered, numbers and characteristics of people served; 2) 1
client/participation outcomes that include: program satisfaction, measures of knowledge,
attitudes and behavior; and 3) agency records related to expenditures and administration of
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programs.
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/03-97 02:36P P.03
EXHIBIT "B"
CHILOREN'S TRUST FUND OF TEXAS
Contract Budget
(Form R•30001
August 31, 1997
=Denjon. ,.I -
Agency Name, Cu -wani tr 13"110"Nut Off lot
LINE ITEM! CTF AMOUNT LOCAL MATCH TOTAL PROGRAM
COST
Personn0l-S:IariN $Z3,]]1 $23,33t
$9,124 $9,124
Personnel • Fringe Benefits
TraveYTrslningfor $1,500-Austin -Yo untaer re
SevTtalunlN 15,000-1tarttn $4,776-TYaioiea 123,867
Consumade OHka(PrOVIVA
SuppRes ;4 Lfr6 $4,166
Other, $2, $2,000
Telephone
$1,667 $1,667
Postage
12rinMgf0upUcalion $1,667 $1,667
;5,805-ineentivee eti16 t re 15,805
(as approved)
GRAND TOTAL $65,260 $66367 $71,627
• Total Program Costs reflect the axpondHum for acwhies In your plan of operation.
• All amounts should be shovrn In wfWa dollars,
• This form must be typewritten and vdU W Included In the convict,
• A minimum match of 10!% of the CTF grant amcuM 4 required ror the first year of funding, 20% fortM
second year and 50% for the third year.
• Expenses not reimbursable from CTF tondo of used at match ors:
Offleo space rental
• Roar estate Payment
VMy payment
Equlpmenl purchase
Vehicle rental or purchase
• Office fumlture rardsl or purchase
• Indirect costs such as adminl"11ye oVeftid, fw*21sing expenses, (murana, Jan!loAal ser*As •
or olhor cspilal expend,7urea.
,
iy,•e~+rnsn~aoax see.,
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Form PC-014
cmidren'f Tru,t Fend
of Tcsat EKH1BiT "8"
CHILDREN'S TRUST FUND OF TEXAS
Contract Budget
September 1, 1997 - August 31, 1998
Agency Name: City of Denton, Community Development Office
LINE ITEMS CTF AMOUNT LOCAL MATCH TOTAL PROGRAMS
COST
Personnel - Salaries $51,326 41,631-volunteer 52,957
;4,800 $4,800
Personnel - Fringe Benefits
TravelrTrainingfor $4,674- TA ;5,674
StafflVolunteers ;1,000-Austin
Consurnable Off"e Program
Supplies ;BbS $1,250 $21115
Other: ;865 ;1,250 $2,115
Telephone
Postage 4865 $1,250 $2,115
Print"nglouplicafion $665 $1,250 52,115
(as approved)
GRAND TOTAL $65,260 $6,631 $71,891
• Total Program Costs reflect the expenditures for activities in your plan of operation.
• All amounts should be shown in wbok dollars.
• This form must be typewritten and will be included in the conUact
• A m nimum match of 10% of the CTF grant amount is required for the fast year of funding, 20% for the
second year and 50% for the third year.
Expenses not reimbursable from CTF funds or used as match are:
• - Office space rental
- Real estate payment
- Utility payment
- Equipment purchase
- Vehide rental or purchase
- Office fumiture rental or purchase
- Indirect costs such as administrative overhead, hxWaising expenses, insurance, jambrial `
• services or other capital expendiVes. • •
J.HIF0ICk511 R0GW1S1C011 Oi 9. DOC
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CITY COUNCIL REPORT Ap r& lam
Daa-9~
DATE: October 3, 1947
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Establish 35 MPH speed limits on Ryan Road and Mayhill Road
f
RECOMMENDATION:
Approval
SUMMARY/BACKGROUND:
Officer Blalock requested staff to do speed surveys of Ryan Road from Teasley Lane west to the
city limits. Ryan Road was reconstructed in 1995 with Denton County Bond Funds. The speeds
were kept down previously by the road condition. Studies show tha, the speed measured at 53.7
mph 85th percentile. The police officers request that the speed be increased to more
appropriately meet the 85th percentile requirement. Traffic Safety Commission recommends 35
mph,
Mayhill Road is also acting more like an murial in relieving traffic for Loop 288. Police
officers asked that speed surveys be conducted on this road. Studies show that traffic traveling
at or rear the Waste Water Treatment road is 46.5 mph, at Mills Road 39.6 mph, and at
Edwards road 45.8 mph. Much of the traffic turn at Mills to get to the high school. The
Traffic Safety Commission recommends 35 MPH.
PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED:
Traffic Division, Police Department, and traveling public
FISCAL IMPACT:
• Approximately $200 for sigrage
RESPECTFULLY SUBMITTED:
• Rick Svehla ti • . i
Deputy City Manager
Prepared by:
i
k ark
D'uector of Engineering & Transportation
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MEMORANDUM E
DATE: October 6, 1997
TO: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUBJECT: a. 35 MPH Speed zone on Ryan Road from its intersection with FM 2181 west
to its intersection with the city limits of Denton
b. 35 MPH Speed zone for Mayhill Road from its intersection with US 380 to
its intersection with 135E
a. Staff had recommended a more segmented and higher speed approach. Traffic
Safety recommended a constant 35 mph which addresses the area that needs to be
protected. This area at the intersection of Ryan and Monlecito has line-or•sight
issues and elderly residents.
This recommendation should be a good compromise between the original request
and the existing situation.
j
b. The southern termination at 135 is necessary to allow enforcement and motorist
• recognition of the speed zone. Mayhill Road is a heavily traveled bypass to Loop
288. It has a significant number of low income single family homes that need to
be protected from higher speeds. The higher speeds could greatly endanger safe J "
access in and out of their driveways. The Traffic Safety recommendation of 35
mph is again a compromise that should make the speed more reasonable for
motorists while also protecting the safety of residents along Mayhill.
,
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TSC Memo
April 18, 1997
page 4
ITEM SPEED STUDIES:
A. RYAN ROAD - Ryan Road was reconstructed using Denton
County Bond Funds in 1995. The speeds were kept down by
the road surface condition previously. Speeds on Ryan
road, measured at the 85th percentile, were 53.7 mph at
La Mancha and 52.3 mph at Forrestridge. our traffic
officers at the Denton Police Department have requested
speeds be raised to more closely approximate the 85th
percentile. They will be asked to attend for their input.
The current speed limit is 30 mph which was arrived at
years ago by using the 30 mph default value. Based on our
speed studies, a new speed of 40 miles per hour is
reconunended at each end. our design speeds for the
vertical curves were 40 mph except near Montecitc, Good
Samaritan Village, and Forrestridge where 30 mph should
be maintained. See the attached map for the exact
lengths.
B. MAYHILL ROAD - Mayhill Road is acting as a reliever
arterial for Loop 288 between US 380 and IH 35E. Again,
the traffic officers of the Denton Police Department have
requested Mayhill be studied so that speed limits are
more consistent with the s5th percentile be enacted. The
85th percentile speed for Mayh ill at the Waste Water
Treatment road is 46.5 mph and at Mills Road 39.6 mph.
Much of the traffic is turning at Mills to get to the
High School.
The final study location was at Edwards road where the
85th percentile speed was 45.8 mph. Mayhill has not been
designed and constructed to engineering standards.
Raising the speed limits too high effects the vertical
and horizontal lines of sight for turning traffic from
side roads and driveways all along the road. There are
many single family homes and each has a driveway onto
Mayhill. A safe and reasonable speed that would consider
these issues would be 40 mph. Pushing the envelope would
place the speed-- at 45 mph and that is really more `
compatible with a estate type development versus the more
intensive lot layouts we have along Mayhill.
i
Staff would recommend the speed limit on Mayhill be set
at 40 mph for the entire section between US 380 and IH i
35E. " • •
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40 MPH 30 MPH 40 MPH
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To : terry Clark
Fran 1. B, Blalock N 116, Dentoo P.D.
Date : Muth 27th, 1997
REF : SPEFD SURVEYS ON RYAN ROAD
Jerry Clark.
I un requesting that speed surveys be conducted on Ryan Road from Teasky Lane west lo the City Lirnim
The speed limit is currently posted &130 miles per hour. I don't feel this speed is appropriate. The speed
limit should be raised. Aft" monitoring traffic on this road, I don't believe 30 miles per hour is
representative of the lls% of aormai trade speeds on this road. I don't see any other a mW circumstances
which would w'anant the 30 mile speed zone at this location. There haven't been any accidents along this
road which would warrant the low speed Limit. If you have any questioru, csTl the traffic office.
Thinks,
J.B. Blalock N 116
TraffK OffKe Phone 363.7941
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TSC Minutes
May 5, 1997
page 4
ITEM SJEED STUDIES - RYAN ROAD ANG MAYHII,L RQAD:
Clark said this was initiated by the Dentcn Police Department. The
existing speed limits were set at 30 mph based on coc+nents received
during design of Ryan Road. This was built with Denton County money
approximately 2 years ago. one million dollars ($1,000,000) was
spent to reconstruct Ryan Read putting full depth pavement on it.
People are not running at 30 mph. if you look in your packet at
officer elayl::k's memo and also at the Ryan and La Mancha radar
studies which is at the edge of the 30 mph zone and Ryan at
Forrestridge, people are running close to 50 mph.
Staff looked at the vertical curves that were designed. Basically,
this road had to be left generally where it was, it was
reconstructed with some cross drainage in it. There are some
vertical curves iciest curves) that cause concern for raising the
:peed limit in this area much above 30 mph. If TSC does elect to go
above 30 mph, staff rec-=mends riot exceeding 35 mph. The eastern
end, from La Mancha out can handle 40 mph. Actually, the other 40
mph zone is Denton County's. Therefore the City of Denton can't pass
an ordinance there. That': how staff recommends it be done.
Since the Police Department is net here, not enough notice may have
teen given. Staff can ask them to cane back if that's TSC wishes.
The 95% percentile is what you normally set speed limits at which
are i3 mph. Basically, that's due to a country road. Concerns are
at the intersections, especially at Monticeto where you have
significant numbers of elderly people at Good Samaritan Village.
They are constantly requesting a 4-way stop there now. As you are
aware, there will probably be a high percentage of people who would
run it. Even the curves at Forrestridge and parts of Monticeto
where Granada comes out are older, they were built in the early
19B0's. There are a mixture of construction times in the area,
if you elect to go up on the 30 mph zone, staff recommends that you
don't go any higher than 35 mph. That's probably pushing the limits
of the vertical curves. This is what staff would recommend.
Phillips said developments are starting out there. He is concerned
about raising the speed to 50 mph. He recommends doing the whole
thing 40 mph until it gets peat Ryan Road because that's a heavy
dense area. Can you do that, or is that a state road?
• Clark said on Teasley? That's 60 mph now.
Phillips said that's too fast for that narrow corridor, especially
coming out of Ryan Road. Clark snid that has already been dealt
with. The part down below recently was passed and the City had no
input on that since it's not inside the city limits.
I
Phillips asked where the break was. It breaks to 50 mph just as you
• arrive at Bent Oaks Subdivision and shortly after to 60 mph. Clark y •
said he isn't sure exactly where the break is but staff could look
at that in the future because that section wasn't in the city.
Phillips said the traffic is getting heavier all the time because of
the new development. Clark agreed.
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TSC Minutes
May 5, 1997
page 5
Sawko asked if Ryan Road was where the elementary school was. Clark
said no. It's Hickory Creek. Road which is the next one down to the
south.
Ridens said there are two or three real steep hills at Montecito on
back. Clark said that's why staff recommends 30 mph at the crest of
the hills.
Hill asked why staff decided to change it and up speed because of
traffic checks or requests. Clark said the request came from the
Police Department. The memo is in the backup from officer Blaylock
requesting the change. Hill said, the police are wanting to
increase the speed limit. Clark said that people are running so far
above what the speed is set which generally shows that the speed
isn't reasonable.
Hartsfield asked Clark to go ahead and discuss Mayhill Road. Clark
said the commission can opt to do nothing on these. If they stay as
they are, it will remain at 30 mph.
Clark indicated where Mayhill Road is and where speed limits are
requested. The da`a in the backup says the speeds at the Waste
Water Treatment Plant at Mayhill (85th percentile) are 46.5 mph an
average speed of 18.5 mph. At Mayhill and Mille, they are running
40 mph. The one thing that brings that speed down is people are
using that to come in the back side of the high school. There, lots
more of the tra:`ic are slowing to make the turn. Then at Mayhill
and Edwards, they are running 45.8 mph. Staff recommends 40 mph for
the entire length. If this was a newly designed road with a 5o mph
design on the curves (in other words, you lengthen the curve not
making them as steep but flatter) and there was more of spacing out
the driveways, staff would recommend a higher speed. Since you have
driveways closer together and a lot of dense development in some
areas with acme hills, staff recommends that TSC not go that high.
Checking the curves, this is probably pushing it at 40 mph.
Hartsfield said there are a lot of homes in this area.
Ridens asked if most people had to back in and cut of their
driveways. Clark said there is a lot of people that have to come in
and out, But, these are not like an SF 7 lot, some of them have
circular driveways or room enough to back in and out. There are a
lot of residential lots with cars in and out on this road. It's 4
lower income famill'es and it's a place where they can live and
probably will for awhile. It's important to protect their safety.
Sawko asked if staff had heard from this segment as to whether this
is a bad or good change. Clark said staff didn't go through and
notify them. There is no organized group.
• Clark said regarding the issue on Ryan Road, staff didn't notify • •
them either because there is no real change proposed in front of
Forrestridge, Montecito, or black Forrest Village. If TSC has a
problem with that, staff can go back and notify them. Door hangers
would have to be distributed all up and down Mayhill hoping that
someone would give input. According to the City's neighborhood
representative, there is no official recognized spokes person or
AEE008E3
TSC Minutes
May 5, 1997
page 6
group.
Hartsfield said in regard to Ryan Road, there are organizations
them. Clark said there are organisations; however, where they are
there was no recommendation to change the speed limit.
Hartsfield asked how long was the 30 mph stretch of road on Ryan
Road. Hill said it's about 1/2 mile.
Luce said he travels that road regu.a- y and has to agree with
everything Clark has said. The parts nosed for 30 mph is where more
congestion is as well as the sharp humps. Leaving that at 30 mph is
a good idea.
Sawko said on Ryan, he recommends 40 mph the whole way. The reason
being people are already doing 52 mph-53 mph. Changing the front or
back side isn't going to have any effect. There hasn't been any
major accidents at So mph. Clark said not yet. The intersection of
Montecit^ and Ryan have been studied about 3 to 4 times in the last
5 years for a 4-way stop warrant. Sawko said if you think about the
speed limit in relation to getting tickets, you might as well up it
at least to 40 mph for the whole thing. Leaving it at 30 mph
doesn't make any sense to him.
Luce says there is a lot of merit in what Sawko says. He r.ees a
problem at having the ends at 40 mph and signing the middle LL 30
mph. That's what Sawko is talking about, but the real congestion is
in the middle. That's where the first accident is going to occur
one of these days. It'a just a judgement call.
Hartsfield said staff's reasoning in not doing this is because of
the crest on the roads. Clark said when you lay a check on the
curves, they barely push 35 mph. They are marginal at 35 mph, so
the safest speed to take them is 30 mph. Hartsfield said it's
currently 30 mph. Clark said yea. Any street without an ordinance
is 30 mph.
Hobdy said he thinks it's staffs responsibility to post the speed
limit where you can safety converse the curves. If the general
populous decides that they are race car drivers and can make it
faster, that's their problem. If staff determines that 30 mph is
the safest for the curves, then TSC ought to stick to our guns on 30
mph. Otherwise, someone driving along and sees a sign at 40 mph, 40
mph will become 45 mph.
Hartsfield said you would have 40 mph, then for a sale or two have '
30 mph, then 40 mph, what about making the whole thing 3S mph?
Sawko said in regard to Hobdy's consent, people are already
exceeding the speed limit. They are exceeding it at that point, y
that's what the study shows. Hobdy asked, don't we have an
obligation to post the speed limit at :he recommended safe speed?
Sawko said it seems if people have been traveling at 52-53 mph and
there hasn't been any accidents, how authoritative is our 30 mph
estimate? Sawko said he trusts in what staff is saying but doesn't
believe it, if people have been going that fast and haven't had any
accidents. Mould something like 40 mph be a greater hazard than
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TSC Minutes -
May 5, 1997
page 7
people going at 53 mph anyway? 1,1 it-going to cause then to go
faster if the speed is posted at sJ mph? It's doubtful. it needs
to be even all the way through whether it's 30 mph or 40 mph. It's
not reasonable to make people decelerate and accelerate.
Hill asked, what about the recommended speed for the curve points?
Those are a caution for the driver to take those curves at a safe
recommended speed. You don't use signs like that as Much because of
the freeway type roads. On the back roads, you still see that. If
it's put at 40 mph, would the curves be put at 35 mph as a warning
giving the person time to navigate that curve at a reduced speed?
Clark agreed. Those are uued on horizontal curves, but isn't sure
he has seen them un verti:al curves. It's a good idea but is not
put in practice.
Phillips said he had only ore concern and that isn't with the spied.
He travels both of those roads quite often and they are dangerous.
There are no shoulderu in Many sections. If you accidently slide
off the road, you're in a deep ditch. He isn't sure what the City's
rules are for shouldr,re, but there should be shoulders one can slide
off and on getting back onto the highway safely. Otherwise you'll
get killed.
Clark said the city didn't design Mayhill. It was received as
annexations occi'sred. If you start building shoulders like TXDOT,
houses will be taken out along side the road. Right-of-way would
have to be expanded significantly. what normally happens, if you
want to make that move is drop the road and go down to the urban
section putting in curb and gutter. Phillips said there are only
two sectionu where it literally falls off for about 3 feet.
Hartsfield said as a driver, it's confusing to have to adjust to
different speeds when driving. Clark agreed.
Hartsfield said he would be in favor of making it IS mph on that
stretch of Ryan Road and probably 35 mph on Mayhill as well.
Mayhi'? Is just too narrow,
STAFF RECOMMENDED: Approval - -
COMMISSIONERS: Sawko made a notion that on both suggested areas the speed
be modified to 40 mph in disagreement with staff's
• recommendation of 30 mph between La Moncha and Ryan Road.
Motion died-'for lack of second.
Phillips made a motion that the speed be raised to 3S mph on '
both of then. Hobdy seconded the motion. Motion passed.
AEE00853
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ORDINANCh
AN ORDINANCE G FOLLOWING HIGHWAYS WITHIN THE CITY ESTABLISHING SPEC) PROVIDINGSTHAT THIS
ORDINANCE SHALL NOT EFFECT SCHOOL 20NC ORDINANCES REGULATING THE SPEED
OF VEHICLES DURING DESIGNATED HOURS; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED TWO HUNDRED DOLLARS (5200.00); PROVIDING FOR A SEVER-
ABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
OCTIDI I, Eased upon an engineering and traffic investigation as
authorized by the provisions of Section 545.356, Texas Transportation
Code, the following prima facie reasonable and prudent spud limits
are hereby fixed for vehicles traveling upon the following named
highways, or parts thereof:
Hiahy Fytp t Spud Limit
1. Ryan Road From its intersection with FM 35 MPH
2181 west to its intersection
with the city limits of Denton.
2. Mayhill From its intersection with 35 MPH
Road US 390 to its intersection with
1-35 E.
SECTION 11. The regulation of the speed of a vehicle under this
ordinance does not apply to:
(1) an authorized arargancy vehicle responding to a call;
(2) a police patrol; or
(3) a physician or an ambulance responding to an emergency j
• tali.
SECTION III. That if any portion of any of these highways are
regulated by school zone ordinances, then the maxiwnm prima facie
speed limit established by the school cone ordinance shall apply
during the house designated by the school zone ordinance.
• SECTION Iv. An individual adjudged guilty of violating any i • •
provisions of this ordinance, when signs are erected giving notice
thereof, shall be guilty of a misdemeanor, and punished by a fine not
to exceed Two Hundred Dollars (5200.00).
sECIION v. All ordinances or parts of ordinances in force when
,the provisions of this ordinance becore effective which are inconsia•
tent or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of the conflict, except
for school zone ordinances which liifmit use speed of vehicles during
Le'd "SCSI[ Ai6-CO-11 CZ6tteI /P/N Wei A1004041U A11) 0401474 tU04i >
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designated time periods.
Sr.LRigN VI. That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof to
any person or circumstance is held invalid by any court of competent
such holdig remain y
Council of the Cthe
i portions. of this sball not affect
and the City the
regaining ng p°
portions ndespite any such declares it would have enacted such remaining
SECTION VI2. That this ordinance al andcome effective fourteen
(14) days from the date of its passage, the City Secretary is
hereby directed to cause the caption of this ordinance to be published
twice in the Denton-Record chronicle, the official newspaper of the
City of Denton, Texas, within ten (10) days of the date of its
passage.
PASSED AND APPROVED this the day of , 1997.
JACK X LLLR, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY* CITY ATTORNEY
"
BY:
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CITY COUNCIL REPORT AWfda Item
Date =Z
DATE: October 6, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager i,
SUBJECT: Speed zone (40 mph) on U.S. Highway 360 during its recorsstnrction
RECOMMENDATION:
Approval
SUjMAgY/BACKGROUND: '
The Texas Department of Transportation plans to begin construction in late 1997. They have
requested a 40 mph be imposed to regulate traffic. Therefore, an ordinance is required before
TxDOT can post an enforceable speed limit.
PROGRAMS DEPARTMENTS &R QR GROUPS AFFECTED:
TxDOT, Police Department, and traveling public
FISCAL IMPACT:
None - Signage will be provided by TxDOT
RESPECTFULLY SUBMITTED:
Rick Svehla
Deputy City Manager
Prepared by:
e Clark
trector o Engineering & Transportation
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MEMORANDUM
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DATE: October 6, 1997
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TO: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUBJECT: A temporary speed limit for reconstntction of U.S. 380 to begin in late 1997
c
This request by TxDOT is necessary to improve the safety along this high%iy during
construction. TxDOT has experience in setting these speed limits for construction periods and
therefore we should rely on their expertise for this highway. Staff mwnunends approval.
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Texas Department of Transportation
P.O. BOX 3087. D MIAS, TEXAS 751213007 • (214) 320-6100
2624 W. Prairie, Denton, Texas 76201, (817)387-1414
April 24, 1997
Control: 0135-10-024
Highway: U.S.380
County: Denton
The Honorable Jack Miller
Mayor, City of Denton
215 E. McKinney
Denton, TX. 76201
Dear Mayor Miller:
The Texas Department of Trrnsportatrnn is taking bids for the reconstruction of U.S. 380 from
Loop 288 to U.S. 377 North in August.
Duriny~ construction we would like to impose a 40 miles hour regulatory speed zone, as
needed, in accordance with the attached rive pages from our Traffic operations Manual.
Please inform my office if you will be able to pass a 40mph construction speed zone ordinance for
the project. We must have an ordinance before we can post an enforceable speed limit.
If you would like us to send you a sample ordinance or if you need any more information, please
call David L. Hensley, P.E.
Sincerely.
Claud P. Elsom III, P.E.
Area Engineer
cc Jerry Clark
Terry Sams
M E9.4 AMY EmpbrK ricey"
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Oigwr 2 - Regulatory Section 3 - Coestr sutra Regulatory
A Advi.ory Speeds and Advisory Speeds
Section 3
Construction Regulatory and AdvisM Speeds
Introduction
Transportation Code, Section 472.022 defuses barricades and warning signs and makes it
unlawful to disobey their insouctions. Studies havo, shown that is the abm= of
enforcaaent no significant diffa+ om will occur in drivers' speeds between sections
signed with advisory corutruction speed signs and with rgubtory speed signs.
Transportation Code, Section 472.022 also refers to disobedience of warning sigrss in
eorstrnctlon or maintenance zones. The advisory speed, when posted with a warning
dgn within the limits of a conunwdon project, is enfoscable. This 1s the primary
reason for the osmvs wARtmw mom - srATE u►w (820.3) sign required on all
construction projects snd placed at the beginning of each project-
Traffic control in work sites should be designed on the assumption that drivers will only
reduce their speeds if they clearly perceive a need to do so; therefore, reduced speed
zoning should be avoided as much as practicable.
Advisory Construction Speeds
Advisory speed plates (CW13-1) In conjunction with construction warning signs can
often be used more appropriately thin construedon regulatory Weed sips. The advisory
speed can be altered as needed by project conditions, and several different advisory
speeds can be used for varying conditions throughout the project. The advisory speed
plates are intended to supptement construcdon warning signs advising drivers of a safe
speed so drive through the section signed. The Teas Mwwal on Uniform TrgQlc
Control Devices MMUTCD) contains a more derails (see Part VI, Section, 6A-5,
Paragraphs la dt 2a and Section 613-3).
Regulatory Construction Speed Z.ona
• Regulatory owstructioa speed limits should be used only for sections of oonstuction
projects where speed cow*[ is of major importance and enf .-e st is availabhe.
Regulatory construction speed signs (R2-1) should be removed daring periods when they
are net needed to minimize interference with traffic (see Section 6A-5 of the TMUT D
for details).
• (continued) t • •
Train Opcrurtarrs Maauol, 2-11 TXDOT - W
Procedures for Fstabhsldng Speed Zones
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Chapter 2 Regulatory Section 3 - Construction Regulatory
d Advirory Speeds and Advisory Speedy
Request for R.eprlatwy Cotutructioa Speed Zones
of a project
or portlons
When a district desires construction speed zoauK for protects
and submit TaUOT
outside the limits of imorporated cities, the district should prepays
Form 1204, "Request for Coastnsction Speed Zone." with the plans, specifications, and
estimates (P.S.dt 13♦) to the Design Division. The Deifgn DivWoin wW then forward1he
- form to the Traffic Operations Division for to low-and poooeasing for Commission
action. The Request for Construction Speed Zone form is aelfexplanatory, with
tr►stNCtions contained on the rererae side. Appendix A contains a copy of the form.
This sample may be pbotocopied as neoessary. Copla.may also be obtained from the
Traffic Operations Division.
Cities have the authority to establish construction speed ernes within their oorporate
9mits, and this should be erscoursgW, since the city will likely be re:pOMRM for
enfomernenL However, if a city dashes the Transportation Cemmissioo to establish the
zones, then the district should have a W. regwd from the city oo Me.
Advlwry Speed Cowtrunion Warstift Hates (CW13r1)
The CW13-1 or SCW13-1 ADVISORY PEED plate may be used in 00Wunction with any
construction warning sign to indicate the maximum safe speed for pasaahger can around
a carve or through a hazardous location. 1t shall not be used is eo*ncdm with any
sign other than a oonstnwtion warning sign, not shall it be used +lone.
The CW13.l or WW13-1 plate sUB always be mounted on the ama post with, and
immediately below. the construction warning sip to wMcb it applies. ~9 4 s 91U4 mm (36 x 36
plate shall be and with oomtruetioo warning signs wraller
inches). The SCW13-1 plate shall be and with caoswction warning signs 914 x 914
mm (36 x 36 inches) and lager.
The CW13-1 or SCW13.1 plate is classed with the amstrudioa warairgt signs because,
when used, it Is in efleet a part of a suction warning sign.
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Procedures for Fstab!lshGhg Speed Zone
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& Advisory Speeds and Advisory Speeds
U Signs Are Temporarily Uaneomery (ta+dnued)
Leaving speed limit signn in pica when not seeded has at lean three adverse effects:
♦ drivers ignore the signs, and by doing so, they are subject to arrest
♦ aspect for all speed Gmit signs is lessened
♦ the law abWm 7lriva becoases a traffic hazard by observing the reduced speed.
Signs ]u AWW by the Cadraetor
Even though a contractor is allowed to furnish and/or small speed limit signs on a
construWm project, the engineer must we that the contractor does not area say signs of
their own design. wilt speed limits of their choosing. RZCW under tk InNe Nt
&Vcdan of die agfiu r, flee owdnarter leas Jae rwpots nbatse W Jer die
dn4M keatlaa, or asalAkmusoe of sped haste akW.
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Proadim for EaabUddng Sped Tessa
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TSC Memo
April 18, 1997
page 8
ITEM 7 REDUCING SPEED LIMITS DUE TO R,E'ONSTRUCTIOt1___QV U•S,
HIGHWAY 380 FROM LOOP 288 TO U.S. 377 NORTH SEG'INNING_jN
AUGUST 1997:
Staff recommends a 40 mph speed zone during
reconstruction of U.S. 380 as per the attached
documentation from Texas Department of Transportation.
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TSC Minutes
May 5, 1997 -
page 15
T 7 MIEW AND CONSIDER REDUCING SPEED LIMITS DUE TO RECONSTRUCTION ON
us HMf 380 FROM LOOP 268 TO U.S. 377 NORTH BEGINNING IN AUGUST 1997:
Clark said thin is a reduction in speed ordinance. This is the area
from Loop 288 east to Rock Hill Road near U.S. Highway 377. TXDOT
has looked at this and wants it slower during construction. This is
a project that has been saved up 3 years. due probably to the large
number of accidents. They will be widening the bridge at Loop 288
too. The problem there is not the traffic signal timing but
strictly capacity. There aren't enough lanes currently going under
the bridge. This project will correct that.
Ridens asked, aren't the people in the Cross Roads community
beginning to do whatever is necessary to get that speed limit cut
down through there? Clark said that will be permanent. This is
just temporary during construction. That speed limit will be
considered by TXDOT. It's not in Denton's City limits.
Ridens asked what exactly would be done. Clark said TXWr is going
to widen it to a 6 lane urban section from a 2 lane rural section.
That is supposed to let for construction in August or September
1997, so they will be under construction hopefully in October or
November 1997 and completing it 1 1/2 years after that. They will
probably keep everything where it is and build a second bridge.
Hill asked if Riders had been out to McKinney lately. Ridens said
no. Hill said the road widens at about Celina. All the accidents
are happening before that. It's a death trap.
Clark asked that TSC reflect 7XDOT18 backup for the ordinance.
STAFF RECOMMENDED: Approval
COMMISSIONERS: Hill made a notion to accept TXDOT's proposal for lowering - -
the speed limit during reconstruction on U.S. Highway 380
from Loop 288 north on U.S. 377 to Rock Hill Road. Ridens
seconded the motion. Motion passed unanimously.
Hartsfield asked if the Police Department, (Lloyd Burns) could be
notified of speed limit changes, etc that affect the department.
Clark said he would send them a copy of the minutes. Hill said it's
not final until the Council approves it. Hartsfield agreed and said
• the minutes would put them on notice.
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ORDINANCE N0.
AN ORDINANCE DESIGNATING AND ESTABLISHING A TEMPORARY SPEED LIMIT FOR
U.S. 330 DURING THE PERIOD OF ITS RECONSTRUCTION; PROVIDING THAT THIS
ORDINANCE SHALL NOT EFFECT SCHOOL ZONE ORDINANCES REGULATING THE SPEED
OF VEHICLES DURING DESIGNATED HOURS; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR A SEVER-
ABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Based upon an engineering and traffic investigation as
authorized by the provisions of Section 545.356, Texas Transportation
Code, the prima facie reasonable and prudent speed limits for vehicles
traveling on U.S. 386 from its intersection with Loop 288 to the
eastern city limits of Denton shall be 40 mph during the period of
reconstruction of U.S. 180 and signs giving notice of the speed limit
shall be posted.
SECTION II. The regulation of the speed of a vehicle under this
ordinance does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol; or
(3) a physician or an ambulance responding to an emergency
call.
SECTION III. That if any portion of any of these highways are
regulated by school zone ordinances, then the maximum prima facie
speed limit established by the school tone ordinance shall apply
during the house designated by the school zone ordinance.
SECTION IV, An individual adjudged guilty of violating any
provisions of this ordinance, when signs are erected giving notice
thereof, shall be guilty of a misdemeanor, and punished by a line not
• to exceed Two Hundred Dollars ($200.00).
SECTION V. All ordinances or parts of ordinances in force when
the provisions of this ordinance become effective which are inconsis-
tent or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of the conflict, excapt
for school zone ordinances which limit the speed of vehicles during
• designated time periods. • •
SECTION VI. That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof to
any person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the city
2!'s C?flit 16-ce-9I (tWo Ws I.ON X"i A1X4O11V A10 NOiNIO 3MONJ t f
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of Denton, Texas, hereby declares it would have enacted such remaining
portions dospito any such invalidity.
SECTION VII. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published
twice in the Denton-Record chronicle, the official newspaper of the
City of Denton, Texas, within ten (10) days of the date of its
passage.
PASSED AND APPROVED this the day of , 1997.
JACK !TILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROMY, CITY ATTORNEY
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CITY COUNCIL REPORT AphO Noy
AWAA
DATE: October 6, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Real Estate Contract ( L. A. Nelson )
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute a Real Estate Contract;
authorize the expenditures of funds; and providing for an effective date
SUMMARY/BACKGROUND:
The City of Denton, Engineering and Transportation Department is acquiring the additional
right of way for the PEC-4 Drainage Channel Improvements Project. There are three parcels
to be acquired for this project. The three parcels are located on the east side of
Bradshaw Street and are vacant (no structures). Mr. Nelsons lot is located in a
designated flood zone (AE). The minimum finish floor elevation of 608.00 is approximately
1'above the surface of the lot. A structure may be reconstructed on this lot if the
finish floor elevation is achieved. This requirement is as per City of Denton Code of
Ordinances, Chapter 30 Flood Prevention and Protection.
The proposed alignment for these improvements was determined to be the best route. An
alignment to the north would encroach on properties cirrently occupied with residential
housing. An aligamen*_ south would take a parcel with a house. In addition, the southern
route would have a more negative impact on Fred Moore Park located on the west side of
Bradshaw Street than the proposed alignment.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: -
The proposed drainage project will increase the capacity of the drainage channel and will
reduce the flooding on adjacent property. The city's Street Division and Drainage
Division will maintain the new facilities. The new facilities will decrease the need to
perform maintenance for a number of years.
FISCAL IMPACT: -
Cost for the property purchase and drainage improvements. The new facilities would reduce
the need for maintenance for several years.
• RSITT D:
k a, DeUBMputy City Manager
Prepared By:
~I ` •
~ Roger N. Wilkinson
7 _
Approved By: '
Jer lark -
Dir r of gineering
and Transportation
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ORDINANCE NO.
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT' BETWEEN THE CITY OF
DENTON AND L.A• NELSON, JR. RELATING TO THE PURCHASE OF 0.233 ACRES OF
LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC 4 TRIBUTARY
OF PECA" f"EEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROV ! EFFECTIVE DATE.
THE f 'l..L OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Con-
tract between the City and L.A. Nelson, Jr., in substantially the form of the Real Estate Contract
which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.233
acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek
SECTION 11. That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION 111. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of _ W.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY •
BY: ~
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between L.A. Nelson, Jr
(hereinafter 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 consisting of 0.233 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 (ail 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, provisions, and conditions hereinaf-
ter set forth. Purchaser to pay all closing cost; Purchaser assumes
payment for all ad valorem taxes due and payable (including 1997);
Purchaser assumes payment of mowing lien recorded in Volume 2157,
Page $49 R.P.R.D.C.T.; Purchaser assumes payment of pavement
assessment recorded in Volume 589, Page 587, D.R.D.C.T.;
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $8,464.00.
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 Report. Within twenty (20) days after
• the date hereof, Seller, at Sellers sole cost and expense, shall • •
have caused the Title Company (hereinafter defined) to issue a
owners policy commitment (the "Commitment") accompanied by copies
of all recorded documents relating to easements, rights-of-way,
. J 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 condi~.Ien 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.
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 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.
3• Surve 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, 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, 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
purposes. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Ca®liann. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed, I
and complied with by Seller prior to or as of the closing. I
REPRESENTATIONS AND j
MARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser, to the bast
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.
MM0095A PA= r
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i
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment or salt, 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-
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 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 same are defined by the
Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
4 (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company, 300 N. Elm, Suite 101, Denton, Texas on or before October
31, 1997, (which date is herein referred to as the "closing date').
CLOSING REQUIREMENTS
1. Seller's Requirements. the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, 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; i
2. Any exceptions approved by Purchaser
pursuant to kMrchaser'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'), 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
R guireme is hereof, such other exceptions as may be
}EE0095A PADS 3
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•
•
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 Seller;
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
sale and purchase of the Property not specifically allocated herein
shall be paid by Purchaser.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, to the
extent Seller has agreed to pay any such real estate commission in
writing; and Seller agrees to indemnify anc 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 Purchaser's 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
AEE0095A PACE 4
•
may 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.
4, Texas Law to Apply. 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 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 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. i
8. Time of Essgnce. 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 I •
versa, unless the context requires otherwise.
i
AE30095A P1~66 5 ~
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....r.i.~a~i~.il~r'a.ll1~[t~l',Y41.'-iY ~~.,a.a JV~r~~r~.~_~.-_.__r~Mr~Y ►M •'10. CC2nliance. 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 Seiler.
DATED this day of 1997.
PURCHASER
THE CITY OF DENTON, TEXAS
BY:
Ted Benavides
City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY A RNEY
BY: ft
SELLER
L.A. Nelson, Jr.
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PROPERTY DESCRIPTION
BEING A 0.233 OF AN ACRE OF LAND SITUATED IN THE It SISCO SURVEY, A• 1 IS4, DENTON COUNTY,
TEXAS. SAID ACREAGE ALSO BEING THE REMAINDER OF A TRACT OF LAND CONVEYED TO L A.
NELSON, IR. ACCORDING TO THE DEED RECORDED IN VOLUME 1504, PAGE 141, DEED RECORDS,
DENTON COUNTY, TEXAS. SAID ACREAGE IS MORE PARTICULARLY DESCRIBED BY RTES AND
BOUNDS AS FOLLOWS:
BEGINMG AT A 54 INCH IRON ROD SET IN THE SOUTH LINE OF SAID NELSON TRACT FROM
WHENCE THE INTERSECTION OF THE ORIGINAL EAST RIGHT-OF NAY LM OF BRADSHAW STREET
WTIH THE SOUTH LINE OF SAID mss SURVEY BEARS (BY PLLD CALL) S 00602DrE, 60, 00 FEET AND
S 99"5737"W, 5.00 FEET. SAID YS RICH IRON ROD ALSO BEM AT THE SOUTHEAST CORNER OF A
TRACT OF LAND CONVEYED TO THE CITY OF DENTON ACCORDING TO THE DEED RECORDED IN
VOLUME 372, PAGE 6%, SAID DEED RECORDS;
THENCE N 00.0203' W ALONG THE EAST LINE OF SAID CTIY TRACT. 70.00 FEET TO A 98 RKH IRON
ROD SET IN TW NORTH LINE OF SAID NELSON PROPERTY ;
THENCE N 99"57'1r B ALONG SAID NORTH LINE, 143.00 FEET TO THE NORTHEAST CORNER OF SAID
NELSON TRACT;
THENCE S 00.02'03" E ALONG THE EAST L NE OF SAID NELSON TRACT, 70.00 FEET TO A 54 INCH IRON
ROD SET MR THE SOUTHEAST CORNER OF SAID NELSON TRACT'.
THENCE S 89 '373r W ALONG THE SOUTH LRIB OF SAID NELSON TRACT, 145.00 FEET TO THE POINT
OF BEGINNING AND CONTAENING 0.233 OF AN ACRE OF LAND.
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SfEPHdN RROBE " A-8.0
REGISTERED PROFESSIONAL LAND SURVEYOR NO. STMO H. SON
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SCALE I- . IO EXftT
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14 r11r11 IIM a W On W ,aloe
COI IIf1 CA a1 A 0.237 ACRE TRACT Or LAND
SITUATED N TW k 9500 SLRVEY.
A•11e4. N THE CTY 7 DENTON.
OENTOM COUNTY. TE IRAS.
PRAIRIE STREET
74 or" 04 "3
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O I EVA 8. JOHNSON
2481 / 22 Lse4435' E /
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inns me Owaft 370 / 500
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SET I REMangER I ' .
M99•'S)'37'E 145.00'
~On Oi,n, r°D1e!'c"i. 0.277 ACRE
LA. NELSON, Jt
VOI.1 P9.141 , Z+ i
,P REMAMIDER • VACANT PROPERTY
t Sf9 ST 77v !43.W
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POWT Of 1 uowxo uAaoac ETUx I UT
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BE INNING 416 / 462 I
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Prepored By. STEPRF)t K ROBBr50N r/ f t r e f t A r 1 f/ I r e r O r
9-10-97
Date: 'yDSyd~~QI /d
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Agenda No. - ~
CITY COUNCIL REPORT Agenda Item 7
DATE: October 10, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Real Estate Contract (Eva B. Johnson)
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute a Real
Estate Contract; authorize the expenditures of funds; and providing
for an effective date
biUMM RY/BACKGROUND
The City of Denton, Engineering and Transportation Department is
acquiring the additional right-of-way for the PEC-4 Drainage
Channel Improvements Project. There are three parcels to be
acquired for this project. The three parcels are located on the
east side of Bradshaw Street and are vacant (no structures). Ms.
Johnson's lot is located in the floodway area of the designated
flood zone (AE). No structure would be permitted to be built on
this lot as per City of Denton Code of ordinances, Chapter 30 Flood
Prevention and Protection.
The proposed alignment for these improvements was deternined to be
the best route. An alignment to the north would encroach on
properties currently occupied with residential housing. An
alignment south would take a parcel with a house. In addition, the
southern route would have a more negative impact on Fred Moore Park
located on the west side of Bradshaw Street than the proposed
alignment.
PROGRAMS. DFPA_RTKENTS, OR GROUPS AFVEC!rEDj
The proposed drainage project will increase the capacity of the
drainage channel and will reduce the flooding on adjacent property.
The City's Street Division and Drainage Division will maintain the
t new facilities. The new facilities will decrease the need to
perform maintenance for a number of years.
FISCAL• IMPA=
Cost for the property purchase and drainage improvements. The new
facilities would reduce the need for maintenance for several years.
•
RESP LY SUBMITTED: r,
R A 4vfa, Deputy ty manager
Prepared By
• Roger N. Wilkinson ~ •
Approved By:
Jerry cla
Director Engi Bring & Transportation
:
FAOna DC410H CITY A1TOOMEv FAX NO.s 0173027923 ie-Ia-97 !MBA I.e2
ORDINANCE NO.
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EVA B. JOHNSON RELATING TO THE PURCHASE OF 0.30 ACRES OF
LAND FOR CONSTRUCTING DRAINAGE I,IPROMIENTS IN THE PEC4 TRIBUTARY
OF PECAN CREEK; AUTHORIZING THE LXCLNDITURE, OF FUNDS MEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS F:SREBY ORDAINS:
SECTION I. That the City hluager is hereby authorized to execute a Real Estate Con-
tract betwern the City and Eva B. Johnson, in subswitially the forth of the Red Estate Contract
which is attached to and made a part of this ordinance for all Purposes, for the purchase of 0.30
acrec of land for conrinrcting dminge improvements in the PEC4 TrihAwy of Pecan Creek.
SEC770N 11. That the City.Slanager is authorized to rake the expenditures as sd forth
in the attached Real Estate Contract
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1497.
JACK MILLER,,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: i 7
APPROVED AS TV LEGAL FORM; J
HF.RRERT L. PROUTY. CITY ATTORNEY
BY
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•
Rau, ZSTATZ CONT TACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Eva B. Johnson
(hereinafter 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
par-el of land consisting of 0.30 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
situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions hereinaf-
ter set forth. Purchaser is assuming responsibility for Items No.
13, 14, 16, 17 and 18 listed on Schedule C, Commitment for Title
Insurance (GF No. 97-18185) attached to and made apart of this
contract ("Purchaser's obligations").
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $2,000.00.
2. Payment of Puxc ase 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 Remrt. 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
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
,3 !
s
1 •
il•
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.
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 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, Survey. 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 improvement6, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
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; 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 shay terminate this Agreement,
and the Agreement shall th^reupon be null and void for all
purposes. Purchaser's failure ~o give Seller this written notice
shall be deemed to be Purchaser'E. acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the --ovenants, 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
i
Seller hereby represents and warrants to Purchaser, to the best
of its current knowledge, as follows, which repreeentations and
warranties shall be deemed made by Seller to Purchaser also as of
the closing date:
i
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other ~
parties.
AKE0055E PAGE Z
L~ 4
•
•
2. Except for the prior actions of Purchaser, there is no
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-
ty.
3. Seller has complied with all applicable laws, ordiiiances,
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 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.
moo rNG
The closing shall be held at the office of Dentex Title
Company, 300 N. Elm, Suite 101, Denton, Texas on or before November
26, 1997, (which date is herein referred to as the "closing date').
CLOSING REQUIREMENTS
1. Seller's Reauitements. At the closing Seller shall:
A. neliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, assessments, and
restrictions, except for the following:
1. Any exceptions approved by Purchaser
pursuant to p5jrchaser's Obligations here-
of; and
2. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title j
Insurance at Purchaser's sole expense, issued by Pentex
Title Company, Denton, 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 k
• Reauirements 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:
i
AEE00953 PAGR 3
4w.~ • C, - • tee ' . , .
•
i
•
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 "None of Record";
3. The exception as to liens encumbering
the Property shall be endorsed "None of
Record" other than those set forth in
"Purchaser's Obligations"
C. Deliver to Purchaser possession of the Property on the
day of closing.
2. Purchaser's Remi11 m n s. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of this
contract at Closing in immediately available funds.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be paid by Purchaser.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, 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 Purchaser's 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.
RP.EACH BY PURCHASER
I ~
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 enforce specific performance of this Agreement, or terminate t
this Agreement by written notice delivered to Purchaser. • •
ASE00959 PAGE 4
i
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•
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 ba 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.
s. 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.
S. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective 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 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.
1
8. Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this Agreement shall r
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.
AEE009SE PAGE S
7
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.
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: _
Te Benav es
City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER HALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SELLER
Eva B. Jo oon
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iaherds, VilliiRiOir s, WH IJJe ail 030172 3664.03200 Crakford 321272 66-30 225.00 01-14.69 112.S1 397.51 570.02
Paolay, Mona Aetlloiver of North Teas 030555 5060-01400 Eagle 12.11312 62-13 166.20 04-11.63 362.60 997.92 1,360.52
McCaTlick, B M !Valuer of Mart6 Tells 03CSSS 5060-00100 Eagle 151372 62-13 199.10 06•;.•63 199.80 519.87 749.67
Jester, Tom Jr Thorp, Millard F 031231 1190-01000 841d 101171-4 75-15 1,500.00 01-41-11 1,500.00 2,191,73 3,991,16
Do.lic0, J I Patoowlit0, 16 Potterso 032462 1130-00600 6ober 5/4015 75-15 1,410,00 10.14-16 346.58 667.49 1,064.07
60rah, X 1 Hurisoo, IeaoetG A 032554 5130-01300 Avtlue f 13/358 66-30 405.00 11.21.67 0.00 0.40 0.00
kill, C E Lott, Ailtoo 032727 3SSD-002H Lilly 21261 66-30 234.50 05.13.64 234,50 $34,24 766.74
ATice, Lucy Price, James L 032765 3$50-01500 Mill 13/261 69.70 $71,30 09-06.70 571.30 1,241.08 1,812,31
Price, Pearl Price, Freak 032766 3560-00100 Wilson 11269 69.30 216.70 01.26.71 216.10 464.11 610.11
Cay601tT, RJPPilaysit04T, RI;Pie 032785 3560-00100 Wiley 5.2/269 69.30 197.00 01.26.71 179.68 385.25 565,13
2risco, Ora Brisco, Ora 032707 3560-01000 Bailey 6,11269 69.30 157,00 01.26.71 179.16 385.25 %S.13
Fanscn, CeaPhis 1011110, Aoki4 Mrs 032789 3560-01100 Bailey 6.21264 69-30 191.00 01-26.71 197:00 421.92 611.92
~:axaoder, P4aTIAltlon4tr, Pearl 032794 3%0-01500 Bliley 8.1/269 65.30 197.00 01 2641 197.00 421.92 611.92
Alexooder, i4srlAltxaader. Ptirl 432794 3560-61504 Wilsoo 6.1/169 69-30 153.10 41.26.71 453,10 970.41 1,423.51
aeiander, IamesJoaes, Sarah J 032790, 3564-01444 Bailey 1/269 69-30 197.00 01.26.71 197.00 421.92 618.92
"%N' Jcyc C PuaCL, ]Ott C 032822 3560-02440 Alec ow 9,01269 65.30 192,06 01-2£-71 192.06 411.33 603.66
Aar,. J 4 Aant, Calvin L 432333 3Se5 02£00 Alauadtr 1.iC1269 6i-30 192.06 01.26-71 185.66 397,67 $23.35
Lcksoo, ClueocJacksoo, Clrreau 6 032641 3560.02900 Morse 131249 69.30 212.76 01-26-71 212.76 4SS,67 668.43
.:ltersol, LYCIGWIIItrsoo, tocious A 032145 3564-DM Morse 141264 69.34 212.76 01.24.71 212.7£ 455.67 661.43
iraoklio, Btajitfralilio, 641jamia 032930 356011100 Wilsol 9/271 69.30 174.61 01.201 874.65 1,173.30 2,747.91
Fraoilie, BecjaaFretklil, Beljaaia 032910 3560-01400 Brids!uw 91271 69.34 1,189.88 09-01.70 1,089,68 2,367.63 3,457.51
wells, lobe l L M011et0, Sydnet 432945 3580-01300 Yilsol 6/271 69.30 394.00 01.24.71 266.66 618.10 HUB
Hollan4, Sheuetuells, Bob 1 LOT4P1 032957 3UD-01000 Wilson 5.31271 19.30 315.20 01.26.71 290.20 621.52 911.72
We, Arthur I Aa s, Christie a 032959 3510-01600 Morse 91271 69.30 689,50 01.26.71 689.50 1,476.70 2,166.20
oir,cm, Freak Fej;ias, Delores 072976 3460-00240 E Sycaeore 1.11259 69.30 591.00 01.26.11 $51.00 1,265,15 1,156.75
Johasol, Birdie Iohosoo, Birdtr Bell 033010 3310.01200 Saito 6.21236 69.34 451.10 07-13-71 313.10 659.04 971.11
• Moore, Bert Frooklii, f9ert lame 033015 3310-01300 Dukes 6.3/236 69.30 315.20 07.13-71 131.70 287.11 424.44
Maddox, Gladys Aaddar, 6lodys 033025 3660-C65OO E Miciory 721272 66-30 225.00 07-23-65 225.00 527,09 752.09
AJeeaeder, IsesAitchell, to" toe 033015 3410-03040 Skieter 26/146 69.30 267.92 04-14.70 267,92 590.65 158.57
uilliaas, Await Williams, Pail 033104 3550.01000 Lakey 9/261 66.30 133.00 05.13-69 133.00 303.00 436.00
villieas, Meaie Williams, Katie 133104 3550.01004 Aorse 4/261 69.30 638121 07-13.71 631.28 1,34331 1,981.79
• 6ovaa, Lester Covet, Lester 033117 3710-00620 Morse 2.4/276 69.30 221.52 01-201 191.52 125.11 623.69
isirez, lauda Raaires, Dould 033143 3310-00640 Hill 3/236 69.34 191.00 07.13.71 197.00 111.66 611.66
Sait1t, Millis Iohsol, Eva 1 033236 3660-01000 Iradsbaa 103/271 69-30 354,60 05.01.70 354.50 770.32 1,124.92
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Interest Fete For Day: 0.0002739726
6cheduie of Kawit* [Tens
Interest Celculeted Tr-, w __31=GCtobtr-1997-._.._______`_---__-.___-
Namt of - Citr Tar G AD 4 Vol/Fa;t Date Admin Mowln4 n0wlna INtoreet Total Oetr
Fr c: t9` Gr. rer Acct F File Ref Filed CF.ar e Ctar _a Che"pes Char t! -_Dut _ GeiC
- ____________________t______
Jeettr, .um C_~_ 033223 FC0E4468 07/26.'3 80.00 33.00 113.00 46.95 131.55 0
98.6E
' Jester, Tom D Jr 31300110E 033223 1959/106 06/18/86 80.00 00.00 140 .OC 1'8.66
, Tm D ) r 323COL`00 033223 2799/456 06/19/90 60.00 35.00 115.00 65.34 :3,0.37
Jester o
Jsst or, C, Jr 313001100 0'3223 2963/168 04/18/91 80,00 31 115.00 76.37 191.37
Jtstt~ Tcr. v Jr 033223 30661997 01301;1 60.00 35.00 115.0. ?1.49 16t.49
80.00 35.00 Jtta r. Tom 0 Jr 3130 110E 030~-'21 292;949 V2191
3223 8007/323 10/07/94 $0 .00 35.00 115,0. 50.34 1S:,'',,4
$8:76 173.76
Jtlter, Tcm D Jr
03:223 3363/419 10/30/92 80.00 35.00 1111.00
3 JrlCtr, Tcr. f' JT 033225 3174/619 03/Oo/92 80.m 35.00 115.0E 67.74 102.7:
2/57/551 05/16/87 80.00 530 00 630 00 t7l 24 ' 4S
/17.20 7700 G37 34
~ Jcr~nton, Eva E L+s236 3019/035 09/30/91 bU.00 35.00 115.00 71.49 16b.
Johnson, Eva 6 033236 R008397t 11.15/93 80.00 33.00 113.00 45.01 256.01
Jonnlcn, E:a E 013:36 3174/593 03/06/92 80.00 ^,S.CO 115.00 67.42 112.4:
JOnnson, Eve E E3323t ROCS9456 06/26/90 80.00 2S .40 105.00 12 et 317 .6t
1 3tt008000' 033236 2963/116 04/IE/91 80.00 3$.00 11S.00 76.37 191.37
.'ohn~c n, Eva E 80044313 07/02/47 80,00 30.00 110.00 4.22 114.22
Jchns--r., Ev6 8 033236
J;,nnson, Eva E 633236 80012122 02123!96 BO.OE 25.00 305.00 20.3E 1.'S .6E
:t6JLi:GOv 033233 2665;'25 10/18/90 60.0E 3..00 115.0E 8 : :17 I
E
lnnnlc r.. E:b E .'32236 F0057610 0980.00 :5.00 105.00 ?3.47 18.4=
[ 03323t ROC•536:2 06/Ot/+7 80.00 30.00 110.00 3.26 11C .ib
Jo•nf or, P.e E 36tooeooc 03323[ :722/859 02/02/90 60.0E 60.00 160.0E 124.62 204.6.
'anrr.:n: E.a G 03223E 8057684 08/20/96 SC.OC :5.00 305.0E Sa.OI 116.0.
1 2onn!,: E,a E C3?23t 3200/041 04;20/92 6C.00 3!•.04 315.0E 64 45
Jsm n: sip, Ego Stcoctooo 03'236 2yt3: LBB 04/16/91 80 .0c, 70.0E 120 .00 7i .35 1S .o-
Jst,nscn. C.a E 433:3t 800679[8 11/;4 00.00 3S.OC 715.GG 35.57 1DC t4
03323[ 800[0537 08/31/93 80.00 33.00 123.00 48.39 161.3+
JJ r~naJn, Eve C :509/65 05/01/09 00.00 225.00 2.5.00 259.79` 564.•
Smith, L':I::a r, 3660p8CGv 033:36 r ^g+ 3-.__i!
___62iib~_L~.:~a 7~--_~- E•E~ nnn nit:3_. _:1 `«'.GS~ .-OiL1A/87 80 00 60 00 140 0 276 94
_ 04 205.06 0 215.2^
~_E1*ea:h. 31tn•, 3E000OICG .33:38 2197/506 07/13.87 80.00 125.
Kinmon, Rubr Lent 033242 FG,00307 11/08/93 80.00 31.00 113.00 45.01 156.01 + $0 .00 b y,1
r;Tnmon, Ruby Lent 366008100 033242 1981/421 09/17/86 .oo 165.00 245.00 276.35 52 1' '
r~
RUD 1'~
r.'nrtJn, r Lent 033242 80083383 11/04/94 80.00 35.00 135.00 35.0E 1&0 00
033242 F(>060534 06/31:93 80.00 33.00 113.00 48.39 161.34 3 T
nmcn, Ruby Lert 212.9.
Kinmon, Ruby Lent 366008100 033242 2569/713 Os/01/89 80.00 35.00 115.00 97.95 77.67 Is^. C7
Kinmon, Fuby Lent 33600834E 0033242 2799/126 06/19/ $0.00 2 5. 00 IOS.00
33242 3069/033 09/30/01 80.00 35.00 115.00 71.49 183.49
r,imen, Fubt Lent 40.00 120.00 79.69 199.69
• Klnnor., kuty Lent 366006300 033242 2963/090 04/1!/91 80.00
9`;l ninon, kubr Lene 366008100 033242 2963/222 04/10/91 80.00 3S.00 115.0rr, 76.37 191.17 r
Kinmon, Ruby Lene 033242 R0074837 09/29/94 00.00 35.00 115.00 37.04 152.04
Kinmon. kubr Lent 033242 3422/945 01/11/93 00.00 33.50 113.50 55.13 166.63
Kinmon, kubr Lent 033242 R0012123 02/23/96 80.00 2S.00 105.00 20.68 125.6e 2C.00 " . 00 9.92 49.9:
r,inmon, Rut) Lene 36600810E 00332`2 ROO 7663 06/20/96 00.00 12S.00 06.00 214.01 119.01
Kinmon, Fubr Lene : 8004431E 07/02/97 8080.00 .00 303$. .0 00 0 111150., 00 00 4.22 114.2.
Kinmon, Rub. Lene 033'42 67.42 162.42
Kinmon, Rubr Ltr,t 03242 3174/591 03/06!92
r.inmon, Ruby Lene 366008100 C33242 2372/989 05"09/8e 80.000 0.000 160.00 124.6E 264•cc'
r„ nnor., Fuby Lene ;ttOG614C 023:4: 272:/82'- 02102/9`4 -
033242 F0057611 0"139`'95 80.00 25.0E 1.5 .00 23.<7 1:'3.7.
9`,2 nmc,,, Rub, Ltne 03°242 FOOS3b 1E OE/Ck/97 80.00 30.00 I10.00 ?.le 11'. If
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:nrt,:1 rub. Lent HO.OC. 141
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DENTON COUNTY CENTEX, TAX IWEO 10/07/97 08126 AM
CUST DX5 OF• 97-17949 BRANCH CLOSER PAGE I OF 5
EXPERIAN TAX SYSTEM TAX ORDER REQUEST
AAk4l4klkik#AA4#k#!44#A!!!!AAlil444l4AlAiAA4AAAA!#44A4A4!!4!A!!lAA4A44A4AAiAk AA '
GO1 805 C05
CAD# R-33236 OX5/TAX
OESC A1104A H. CISCO, TRACT 191, ACRES 0.310, OLD DCAD TR 104(13) ASST/SUB
ID A1184A
ACREAGE .310
SITUB C05
MAIL 1007 SHADOW WOOD LN LEWISVILLE TX 75067-5325
ASSESSED OWNER(S) 1997 ASSESSED VALUES
JOHNSON EVA B LAND 11,408
IMPROVEMENT 0
TOTAL VALUE 11,408
ASSESSED AS LAND ONLY
TAX ENTITY INFORMATION
n~...~~. PAYMENTS AS OF 09/22/97
no 0. BOX 124V DENTON, TX 76202 97 TAX RATE 0.2559000
PHONE 972-434-2979 W/O EXEMPT 29.19
-py~
EXEMPTIONS NONE YR BABE TAX BASE -DUE
96 30.45 30.45 42.37 42.72
95 31.76 31.76 48.58 48.94
94 33.08 33.00 35.17 55.55
93 34.16 34.16 61.67 62.07
92 33.36 33.36 64.84 65.22
91 32.44 32.44 67.53 67.90
90 30.20 30.20 67,03 67.38
89 27.49 27.49 64.80 65.12
88 17.30 17.30 43.17 43.37
86 17.78 17.7S 49,28 49.48
05 15.62 15.62 45.43 43,62
SUIT FILED 90-1018-367
Aa! ERROR !Ai MANUAL SUIT HAS NOT BEEN UPDATED IN LAST 15 DAYS
COURT COST 206.00 206.00
JUDGMENT/SEE COMMENT 0.00 0.00
SUIT FILED S
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SUBTOTA!. 303.64 303.64 C fL~ R
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DENTON COUNTY OENTEX, TAX IWEO 10/07/97 08t26 AM
CUST OX5 OF# 97-17945 BRANCH CLOSER PAGE 2 OF 5
EXPERIAN TAX SYSTEM TAX ORDER REQUEST
CIVY-,OP;' PAYMENTS AS OF 10/01/97
21~ E Hl"N EY DENTON, TX 76202 97 TAX RATE 0,5131500
PHONE 940-566-8318 W/D EXEMPT 58.54
EXEMPTIONS NONE YR BASE TAX BASE DUE 16 *7 V'Ay11/97
97 55.54 5&.54 58.54 58.54
96 60,27 60,27 53.87 84.56
95 61.70 61.70 94.37 95.08
94 63.98 63.99 106.69 107.42
93 85.32 85.32 154,04 153.03
92 81.90 81190 159.17 160.11
91 78.15 78.15 162.67 163.56
90 74.73 74.73 165,86 166.73
89 70.54 70.54 166.30 167..1
88 67.63 67,63 168.77 169,54
87 67,63 67.63 178.10 1/8,88
86 47.94 47.94 132.87 133.41
OTHER 90-1018-367
ERROR MANUAL SUIT HAS NOT BEEN UPDATED IN LAST 15 DAYS
SUIT APPLIES 0.00 0.00
ltv0ow
SUBTOTAL 818,33 818.33
CEPAYMENTS AS OF 09/22/97
COLLECTED BY COUNTY 96 TAX RATE 0,0000000
PHONE 972-434-2979 W/O EXEMPT 0.00
i
YR BASE TAX BASE DUE
92 96.40 96.40 187.36 188,46
91 93.55 93.55 194.73 195180
OTHER 90-1016-367
ERROR AAk MANUAL SUIT HAS NOT BEEN UPDATED IN LAST 15 DAYS
SUIT APPLIES 0.00 0,00
SUIT FILED 9
r _ Y trrYM- -
SUBTOTAL 189,95 189.95 39l,wJ >JiC26
ISO -'CLI1M PAYMENTS AS OF 09/22/97
COLLECTED BY COUNTY 96 TAX RATE 116607000
PHONE 972-434-2979 W10 EXEMPT 159.45
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 10197 DUE 11/97
ti
• 96 189.45 189.45 263.61 265.90 • •
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IWEO 10/07/97 OBi26 AM
DENTON COUNTY DENTEX, TAX BRANCH CLOSER PAGE 3 OF 5
COST DX3 OF# 48 TAX ORDER REQUEST
EXPERIAN TAX % SYSTEM STEM
95 177.05 177,45 270.80 2272.84
92.62
94 174.28 174.28 290.62 323.40
93 177.99 177.99 321.36 39
92 71.30 71.30 138.58 131399 ..70
91 63.88 63.88 132.96 312.54
90 140.09 140.09 310.93
89 121.50 121.50 286.44 2287.03
37.38
Be 94.69 94.69 236.30 232.33
87 87.84 87.84 231.32
86 86.20 86.20 238.90 239.Q°
85 75.89 75.89 220.80 22!.67
84 31.69 31.68 96.54 96191
29.16 92.89 93.22
83 29.16
82 26,28 26.28 87.34 87.64
80 18.75 18.75 65.45 63.65
78 14.13 14.13 51.27 51.43
77 14.13 14,13 52.24 52.41
76 21.40 21.40 80.60 80.85
OTHER 90-1018-367
AAA ERROR AAA MANUAL SUIT HAS NOT BEEN UPDATED IN LAST 15 DAYS 0~00 0.00
SUIT APPLIES
SUIT FILED S
SUBTOTAL 1,615.69 11615.69 ~so
AAAA#*#*AA##AAA#A#**#AAA*AAAAA*AAAAA#**AA**AAA#A4##AAA*AAA**AA►A#AA#001*803AC05
DXS/TAX
CAD• R-39218
OESC A11B4A H, CISCO, TRACT 193, ACRES 0.23, OLD OCAD TR 104(24E) ABST/BUS
IO A1104A
ACREAGE .2304
SITUS 603 BRADSHAN C05
MAIL 2603 BROOKFIELD LH DENTON TX 76201-1372 1997 ASSESSED VALUES
A89EBS GONER(S) LAND 8,464
NELSON L A JR
NE
IMPRQV°MENT 0 i
TOTAL V/ UE 8,464
ASSESSED AS LAND ONLY
TAX ENTITY INFORMATION
i
DENTON COUNTY PAYMENTS AS OF 09/22/97
I
P. O. BOX 1249 DENTON, TX 76202 97 TAX RATE 0.2559000
W/O EXEMPT 21.66
PHONE 972-434-2979
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 10/97 DUE it/97 • •
96 22.59 0,00 AA PAID 12/18/96 ►R
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DENTON COUNTY DENTEX, TAX INEO 10/07/97 08+26 AM
CUST DXS OF# 97-17945 BRANCH CLOSER PAGE 4 OF 3
EXPERIAN TAX SYSTEM TAX ORDER REQUEST
SUBTOTAL 22.59 01015 0,00 0.00
CITY OF DENTON PAYMENTS AS OF 10101197
215 E. MCKINNEY DENTON, TX 76202 97 TAX RATE 0.5131300
PHONE 940-566-8318 1110 EXEMPT 43.43
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 10197 DUE 11197
97 43.43 43.43 43.43 43.43
SUBTOTAL 43.43 43.43 43.43 43.43
160 - DENTON PAYMENTS AS OF 09/22/97
COLLECTED BY COUNTY 96 TAX RATE 1.6607000
PHONE 972-434-2979 WIG EXEMPT 140.56
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 10197 DUE 11/97
96 140.56 0.00 PAID 12/18/96 AA
SUBTOTAL 140.56 0.00 0.00 0.00
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COMMENTS
CAD# R-33236 - JUDOMENT 90-1018-367 - CONTACT EXPERIAN PRIOR TO
+ CLOSING FOR VALIDATION OF COURT COST i PAYOFF AMTS
DENTON COUNTY - THE COUNTY REQUESTS THAT YOU ONLY SEND ONE (1)
PAYMENT CHECK FOR ALL ENTITIES THEY COLLECT
CITY OF DENTON - REPORTING 1997 TAXES AS OF 10/7/97
CEO - DENTON ISD - TAXES ASSESSED FOR TAX YEARS 1991-1992 ONLY
COMMENT 300 - PAY TAX SUIT COURT COSTS TO DENTON COUNTY DISTRICT
CLEAX(ATTN+ OAYLE),P.O. BOX 2146, DENTON, TX 76202 f
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DENTON COUNTY DENTEX, TAX IWEO 10/07/97 OBi26 AM
CUST OXS GF4 97-1794S BRANCH CLOSER PAGE 5 OF 5
EXPERIAN TAX SYSTEM TAX ORDER REQUEST
#AA##A#*i##AA4AAA*A*k►AA#AiAAA#AiAAAAA#A*A!k#ikAAi AlAi!!##A#AA#AA!*AAA*#A**AAik - -
SUMMARY OF CURRENT YEAR * SUMMARY OF TAXES DUE
TAX YEAR BASE TAX * DUE 10197 DUE 11197
DENTON COUNTY 1596 53.04 A 609.89 613.37
COURT COST A 206.00 206.00
CITY OF DENTON 1997 101.97 * 1,674.68 1,683.40
CEO - DENTON 160 1996 0.00 * 382.09 384.26
180 - DENTON 1996 330.01 * 3,468.95 3,487.50
TOTAL TAX 485.02 * 6,341.61kry'~ T,±is3
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CAD ACCOUNT NUMBER SUMMARY
R-33236 R-39218
AAAA THIS 18 NOT A TAX CERTIFICATE i##*
#**A ADDITIONAL RESEARCH REQUIRED AAAA
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Agenda Hem
Date d-
CITY OF VENTON TEXAS MUNICIPAL BUILD)NO + DENTON, TEXAS 76201 + TELEPHONE 817.566.8309
Oft# of thr Cdy seca.wy
MEMORANDUM
DATE: October 17, 1997
T0: Mayor and Members of the City Council
FROM: Jennifer Halters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board/Commission
vacancies/nominations:
Animal Shelter Advisory Board - Council Member Young has nominated
Darlene Munger, Unfortunately, this vacant position requires an
individual who wozks in the daily operation of an animal shelter.
Ms. Munger's application will remain on file for future
consideration.
If you require any further information, please let me know.
Je n er H tern
Ci ecre ary
ACCOOOF4
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