HomeMy WebLinkAbout11-18-1997
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City Council
Agenda Packet
November 18, 1997
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AGENDA A2tnds No. ±7p
CITY OF DENTON CITY COUNCIL Agonda Item
November 18, 1997 Dais ' -
Dedication and presentation of Captain Bob's Fire Safety Trailer on Tuesday, November 18, 1997
at 5:00 p.m. at Central Fire Station, 217 W. McKinney.
After determining that a quorum is present and convening in an open meeting, the City Council will
convene in a Closed Meeting of the City of Denton City Council on Tuesday, November 19, 1997
at 5:45 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney, Denton,
Texas, at which the following items will be considered:
1. Closed Meeting:
A. Conference with Employees-Under TEX. GOVT. CODE Sec. 551.075. The
Council may receive information from employees or question employees during a
staff conference or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT CODE 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 MESHING 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
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, November 18, 1997 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
"Honor the Texas Flag -1 pledge allegiance to thee, Texas, one and indivisible."
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2. Consider approval of the minutes of August 12, August 19, and August 26,1997.
A WA RDSIPRESENTATIONS
• 3. Proclamation- Denton Family'N'.%vk E • •
CITIZENS REPORTS 1
4, Receive a citizen report from David Zoluw regarding "open government and the weekly
jeopardy game „ f
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City of Denton City Council Agenda
November 18, 199'
Page 2
5. Receive a citizen report from Dessie Goodson regarding deception within the City of
Denton.
PUBLIC HEARING
6. Hold a public hearing and consider adoption of the City of Denton, Texas, prof iding for
approval of a detailed plan for a 5.491 acre tract located on the south side of Interstate 35
East, north of the town of Corinth City Limits, providing for a penalty in the maximum
amount of $2,000 for violations thereof; and providing for an effective date. (Z-97-019)
(The Planning and Zoning Commission recommends approval, 6-t )
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the
basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager
or his designee to implement each item in accordance with the Staff recommendations. The City
Council has received background information and has had an opportunity to raise questions
regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the Ordinance
section of the agenda. Detailed back-up information is attached to the ordinances (Agemla items 7-
17). 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 7-17 below will be approved with one motion. A citizen may not speak or fill out a "request
to speak" form on an item on the Consent Agenda unless the item is removed from the Consent
Agenda. The speaker shall be allowed to speak and the item shall then be considered before
approval of the Consent Agenda.
7. Consider adoption of 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 #2114 - Police Sedans)
8. Consider adoption of 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 #2115 - fleet Vehicles)
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9. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of materials, equipment, supplies or services; providing for the expenditure of r
funds therefor; and providing for an effective date. (Bid 02116 - i 2-yard Dump Truk and
Ileavy Duty Truck Cob,'Chassis)
• 10. Consider adoption of 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 #2119- Rubber Track Excavator)
11. Consider adoption of 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 #2121-Loader Backhoe Tractor)
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City of Denton City Council Agenda
November 18, 1991
Page 3
12. Consider adoption of an ordinance authorizing the City Manager to extend an interlocal
agreement with North Texas Regional Library System (NTRLS) to authorize participation
in the purchase of library books and related various goods and services; authorizing the
expenditure of funds; and declaring an effective date. (NTRLS)
13. Consider adoption of 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. (PO 481020 - City of Garland, PO #81021 - City of
Bryan, PO 981022- City of College station, PO 081023-City Public Service, PO #81024
- City of Greenville, PO 481025 - Central Power and Light Company, PO #81026 -
Houston Lighting and Power, PO 981017 - Public Utility Board, PO #81028 - Texas
Utilities Electric Company)
14. Consider adoption of an ordinance of the City Council of the city of Denton, Texas,
approving guidelines for operation of the City of Denton Homebuyer Assistance Program
and eligibility criteria; Puthorizing expenditures in excess of $15,000 for projects meeting
program guidelines and criteria; and providing an effective date.
15. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute an amendment to the Agreement between the City of Denton and the
Denton Housing Authority relating to renovations to the TWU C.A,R,E.S. Health Clinic
Facility; authorizing the expenditure of funds therefor, and providing an effective date.
16. Consider a resolutionto declare the intent to reimburseexpendituresfor an automated flood
warning system with cerlificates of obligation; and providing an effective date.
17. Consider adoption of an ordinance authorizingthe City Manager to execute on behalfof the
City of Denton a 15' sanitary sewer casement conveying to the City of Corinth the right to
use .0444 acre of the abandoned railroad right-of-way to be used for the Denton Branch
Rails/Trails Project for the constructionof a sanitary sewer within the City of Corinth
ITEMS FOR iNDIV1UVALCONSIDERATION
18. Consider nominations/appointments to City's Boards and Commissions.
19. Miscel lancous matters from the City Manager.
20. New Business
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• This item provides a section for Council Members to suggest items for future agendas. ` -
21. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas
Open Meetings Act.
22. Officia! Action on Closed Meeting items held under Section 551-071-551.085 of the Texas
Open Meetings Act.
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City of Denton City Council Agenda
November 18, 1997
Page 4
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 1997 at
o'clock(&m.) (P.m.)
CITY SECRETARY
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 SIW:
LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARY'S OFFICE.
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Agenda No.
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item
August 12,1997 Date -l e- 9'l
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, August 12, 1997 at 6:00 p.m. in the Police Department
Conference Room of the Denton Municipal Complex.
PRESENT: Mayor Miller, Mayor Pro Tom Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance and Young.
ABSENT: None
1. Closed Meeting:
A. The Council discussed and considered Tetreault claim growing out of the drowning
incident which occurred at Bell and Robertson Streets in November, 1996.
B. Conference with Employees - Under TEX. GOVT CODE Sec. 551.075. The
Council 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 Special Called Meeting on Tuesday, August 12, 1997 at 7:00 p.m. in
the Central Jury Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tom Brock; Council Members Beasley, Kristoferson,
Cochran, Durmnce and Young.
ABSENT: None
1. The Council held a public hearing to discuss the propose xi 1997-98 budget
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
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Mayor Miller stated that staff had used the budget questionnaire to prepare the budget using
Council's priorities. The proposed budget reflected what the Council felt werc the greatest needs in
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2. The Council considered nominalionsappointments to City Boards and Commissions.
Council Member Kristoferson nominated Jim Kuyrkcndall to the Information Services Advisory
Board,
Council Member Young nominated Harry Bell to the Community Development Advisory Board.
Following the completion of the Special Called Meeti ig, the Council convened into a Joint Work
Session with the Public Utilities Board.
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City of Denton City Council Minutes
August 12, 1997
Page 2
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Durrame and Young.
ABSENT: none
l . The Council received a report, held a discussion and gave staff direction regarding the final
report of the Management Study as prepared by Black & Veatch,
Bob Nelson, Executive Director for Utilities, stated that the Charter required a management review
once every ten years by a qualified consultant. This had been a phased study in which the activity
was divided into sections.
Dennis Allen, Black and Veatch, presented an overview of the study. The outline of the study was
included in the back-up materials. The process of the study included the community, the Utility
Department, practice experts for findings and recommendations and benchmarking. Value
definitions included effectiveness which meant doing the right thing and efficiency which meant
doing things right. The community included the City Council, the Public Utilities Board, citizens,
business, industry and community groups. Community values included high quality of service in
the areas of reliability, responsiveness, protection of public health, effective management and plans
to meet future needs. Community values also included service at a reasonable but not necessarily
the lowest cost. Community assessment of the Utilities Department indicated that the Department
was doing a commendable job in ensuring a high quality of service, with a reliable product at a fair
price. Senior management was committed to effective and efficient operations with a responsive
level of service. Major challenges for the Department included deregulation/re-regulation of the
electric industry that presented the questions of being able to afford the electric system and having
to deal with stranded costs. Oth:r challenges included the rapid growth of Denton with its
challenge of serving new growth, affording current level and quality of service and staying
competitive; fixing the city's widespread drainage problem; the pressure of privatization with
competition with the private sector and the competition of surrounding communities. The study
presented strengths, weaknesses, opportunities and threats to the utility. Strengths included
personnel, level of customer service, training/safety, understanding cost of services, knowing and
meeting industry standards, short term planning, dependable power supply, future water supply
which was secured, and an exclusive commercial waste hauling service. Weaknesses included a
problem in retaining lower level employees with non-competitive salaries, a need for strategic long 3
term planning, poor communication with General Govemment departments, the TMPA issue with
• stranded costs and deregulation, the high cost of raw water and the issue of 15 months left of
landfill capacity. Opportunities included quality of service versus costs, technologies with the
SCADA systems and computers, image building acrd fiber optics. Rapid growth, increased/new
regulations, privatization, d.-,ed:r'u!ion with a possible customer choice of electric power supply,
TbIPA stranded costs, long term decline in water usage per customer and permitting the new
landfill were threats that were perceived to the system.
Another area considered was governance. That area included the statutory roles of City Council,
the Public Utilities Board, the City Manager and the Executive Director. There needed to be a clear
agreement and understanding of roles with those entities and positions. Govemance
recommendations included a competitive decision process in which there could be closed session
discussions for competitive strategies; a clearer definition of roles with an ad hoc study committee
to further define the roles and recommend changes to the Charier, and a timeliness and reduced
bureaucracy such as having routine purchases over $50,000 going directly to the City Council. f
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City of Denton City Council Minutes
August 12, 1997
Page 3
Utility management was examined in tams of overall condition; organization structure and the
planning process. The overall condition of the Utility management was a strong and highly
educated management team and leadership. Te=,AD& was good as well as internal
communications and an understanding of mission. There needed to be improved cornmunication
with General Government departments and information to the public needed to focus more on what
service the community received for its investment The overall condition of the facilities was good
with a focus on planed/ preventative maintenance activities. Updated technologies were needed in
terms of SCADA, automation and computer systems. In terms of competitiveness the current
electric, waterlwastewater and solid waste rates were competitive in the region, the managers had a
detailed unden tanding of costs, the managers were focused on being competitive and deregulation
and privatization was changing the playing field.
There were 171 recommendations in the final study. In temps of the electric utility, the findings and
recommendations included the formation of a strategy committee to address deregulation; keeping
a strong leadership position in TMPA, upgrading the SCADA system; and pursuing fiber optics.
Findings/recommendations for the water utility included reducing staffing at the Water Plant, using
a separate staff to perform CIP activities; and looking at outsourcing grounds maintenance.
Wastewater utility findings/recommendations included reducing staffing at the wastewater plant;
expanding the use of automation, and continuing to outsource ground maintenance.
Findings'recommendations for water and wastewater engineering included implementing new
coordination procedures with engineering and transportation, continuing to improve cooperation
and communications and moving pipeline desigrVconstruction under the utilities department when
rapid growth of the City began. Solid waste recommendations included developing an alternate
disposal plan to be ready if the landfill permit was delayed, improving image in commercial
collection, obtaining computer software to improve efficiencies, and implementing street rental fees
on commercial haulers operating within the city. Drainage operations findings/recommendations
included appointing a Senior city official to develop and implement improvements to the drainage
system, consolidating planning engineering and maintenance under one department, expanding the
use of enhanced technology for early warning and expanding the maintenance staff. Fleet services
findings/recommendations included pursuing preventative maintenance programs, finalizing plans
for upgrading or replacing vehkk maintenance facilities, purchasing extended warranties on new
equipment, and continuing to outsource specialized services. Support services
findings/recommendations inch riled improving communication and working relationships,
supporting the City Manager's communication summit,, being a part of the utility team to stay
competitive and the need for salary and position evaluations.
Mayor Miller stated that this study was a good place to start building on the efficiencies of the i
utility system.
With no further business, the meeting was adjourned at 9:25 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY jF DEN£ON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
August 19, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, August 19, 1997 at 5:45 p.m. in the Police Conference
Room of the Denton Municipal Complex.
PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Durrance and Young.
ABSENT: None
1. Closed Meeting:
A. Consultation with Attorney - Under TEX. GOVT CODE Sec. 551.071
1. Discussed with City's attorneys and considered mediation, settlement, and
strategy in the claim of Constance Tetreault, individually and on behalf of
the estalc of Michelle Jimeno and rs next friend of Hillary Iwnhower,
Ashley Hesbacker and Tyler Shaeffer, minor children, against the City of k
Denton, alleging wrongful death in the drowning of Michelle Jirneno.
B. 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 Tuesda%. August 19, 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.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
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2. The Council considered approval of the minutes of May 27, May 30131 and June 3, 1997.
Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley 1
"aye", Kristoferson "aye' Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried turanimously.
CITIZEN REPORTS
3. The Council received a citizen report from Ncll Lights regarding a problem receiving utility
services at 509A Maddox Street.
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City of Denton City Council Minutes
August 19, 1997
Page 2
Ms. Lights was not present at the meeting.
4. The Council received a citizen report from Dessie Goodson regarding SPAN and
Denton's public transit.
Ms. Goodson stated that she did not know bow SPAN and Denton's public transit still received
funds for transportation. There were no riders on the system. She had received facts tom the City
Attorney regarding her two suits against the City. That information stated that public transit was
not a legal entity but rather was a division of the City of Denton. She stated that the City was
responsible for the transit system If the City was not responsible, it should not be receiving funds
from the federal government. The ridership had dropped and she wondered how the City
explained that to the federal government and the State and how the City could still receive funds. A
municipal corporation was liable under the federal courts when the system was not being nut
properly and the ridership was down.
5. The Council received a citizen report from Joe Dodd regarding the "state of the real Cityr. f
Mr. Dodd stated that he felt that the rules on cable access would happen and he could use his own
show and not the Council's. The City was talking about fiber optics again. No one was in support
of the City getting in the business of fiber optics. He spoke about the problem an individual was
having with sewer problems which were outside the City limits but whose children went to the
Denton school district. He spoke about Dessie Goodson and the problem she was having with
Denton utilities. Ile was positive that her human rights had been violated. No man treated a
woman that way.
6. The Council received a citizen report from Ross Melton regarding concrete sidewalks,
Central Fire Station's floor, and the Melton vs. Denton lawsuits.
Mr. Melton did not think sidewalks were needed west of 1-33 and he was song there was money in
the budget that was wasted on the floor of the Central Fire Station. He felt the building was
serviceable for decades in the future. His lawsuits were about to be dismissed. There was no trial
and that was shameful. A dismissal with prejudice was illegal. He felt that he would help others on
how to legally fight the City. The Council was not taken back when told there was something
illegal happening in the City. He felt that the Council was partly corrupted and lawyers and judges
• were total ly corrupt.
NOISE EXCEPTIONS
7. The Council considered approval of a noise exception for Cowboys for Codi, Inc. Memorial
Rodeo for September 5th until 12:00 midnight, September 6rh until 1.00 a.m., and September 7th
• from 2:00 p.m. - 10;00 p.m. • •
Veronica Rolen, Administrative Assistant, stated that the request was for an exception for Cowboys
for Codi. The times for the exception were listed in the agenda.
Young motioned, Brock seconded to approve the exception. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Milla
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City of Denton City Council Minutes
August 19, 1997
Page 3
"aye'. Motion carried unanimously.
8. The Council considered approval of a noise exceptive. for the pouring of concrete at the
Carroll McMath Middle School, 1900 Jason Drive, on several dates during August and September
1997 beginning at 3:00 &-m.
Veronica Rolen, Administrative Assistant, stated that in May the Council granted an exception to
Lewis Construction for the purpose of pouring concrete beginning at 5:00 am. for 10 occasions.
This request was to amend that exception to allow pouring to begin at 3:00 am. because the
concrete company was not able to deliver the concrete in a timely manner during the heat of the
day.
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Counci Member Beasley stated that none of the 5:00 am. pours had been used.
Rolen slatod that none of the 5:00 a.m. pours had been used as the construction company was not
able to get concrete at that time. There were a numbct of other projects going on and by the time
the trucks arrived at the site, it was already 6:00 am. ;
Council Member Beasley stated because the company was not able to get the concrete, they were
having to pour later and were experiencing problems with the final product. t
Beasley motioned, Brock seconded to deny the exception. Council Member Beasley felt it was too j
early for the neighbors.
Council Member Young stated that he would vcte against the motion. When pouring something of
this size, an early start was needed because if it were too hot, the concrete would setup too quickly.
Then was a need to make sure the quality of concrete was safe as there might be problems later. It
was necessary to pour in whole sections rather than in smaller sections to keep it stronger. The
apartments were not very close to the pour and would not disturb the neighbors.
Mayor Pro Tern Brock stated that she seconded the motion as she was concerned about those
individuals in the apartments as Oxn were many children in that area The company already had a i
5:00 a.m. time. The nearby residents deserved more consideration
Council Member Kristoferson stated that she would vote against the motion as there already had
been problems with previous pours. The immediate area was a strip business location.
Council Member Cochran asked if the 3:00 am. starting time would give the company some
breaddng room.
David Isabel stated that it was generally considered that it was b A to pour the concrete before the
! temperature was above 80 degrees. Over that temperature, then was a possible problem with ! •
J cracks. Trying to pour large volumes of concrete took four to five hours to pour out.
t Council Member Durance asked about considering an evening pour instead of so early in the
morning.
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City of Denton City Council Minutes
August 19, 1997
Page 4
Isabel stated that they would like to do that but that the concrete companies would rat deliver at
that time. The plants were up and going and the companies would not work later in the day. The
ground and decks needed to cool down before pouring.
Mayor Miller stated that if the contractor could not get the concrete at 5:00 a.m., what assurances
were there that they could get it at 3:00 a.m.
Isabel stated that the problem was that the concrete company began pouring at 3:00 a.rrfor other
contractors and this project had to wait until the other pour was done before receiving the concrete.
It was a common practice to start so early.
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Mayor Miller asked about the noise factors for the neighborhood.
Isabel stated that the noise for pouring was a minimal factor for construction. There was no
banging or loud types of noises. Three factors included where the concrete trucks were coming in
and out of the project, a pump truck was gathering the concrete and this was not a very loud truck,
and people talking.
Council Member Young stated that another factor was that pouring concrete gave off heat so it was
a health factor for people working the concrete to pour earlier.
Council Member Beasley asked why bother to have an ordinance if the Council was going to grant j
all of these exceptions. She wanted a sound school and to have it open on time but was not in favor
of such an early pour time. The trucks would be going past the apartments. She would not vote in
favor of the exception as it would be opening the door for more and more requests. The weather
was getting cooler and this exception was not needed.
Counci I M ember Cochran stated that he would be voting against the motion because in this case the
greater community good would result in a snudl inconvenience for a small arnount of people. He
believed in the noise ordinance but in this case there was a need for an exception.
Mayor Miller asked if the noise would be monitored in order to keep the level down.
Isabel replied absolutely.
Mayor Miller stated that in this case, a public purpose was valid for granting the exception.
On roll vote, Beasley "aye", Kristofcrson "nay", Cochran "nay", Durraree "aye", Young "nay",
Brock "aye", and Mayor Miller "nay". Motion failed with a 3A vote.
Young motioned, Kristo.`crson seconded to approve the exception. On roll vote, Beasley "nay", t -
Kristoferson "aye", Cochran "aye', Durrance "nay", Young "aye", Brock "nay", and Mayor Miller • •
"aye'. Motion carried with a 4-3 vote.
CONSENT AGENDA f
Young motioned, Kristofcrson seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochrane "aye", Drurarrce "aye", ~
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City of Denton City Council Minutes
August 19, 1997
Page 5
Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
9. NO. 97-224
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
42061 -Miscellaneous Collection Services) i
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10. NO. 97-225
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
42068 - Spencer Unit Three Generator Retaining Ring Replacement)
11. NO. 97-226
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
#2079 - Fire Safe House Trailcr/Education Trailer)
12. NO. 97-227
AN ORDINANCE OF THE CITY OF DEMON, TEXAS AUTHORIZING THE
EXPENDITURE OF Fl. NDS FOR THE PAYMENTS BY THE CITY OF 1
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. (P.O. #76728 - Texas Utilities, P.O. #76729 - Texas-Ncw Mexico Power,
• P.U. #76730 -Southwestern Electric, P.O. #76731 - City of College Station, P.O.
#76732 - Texas Municipal Power Association, P.O. #76733 -Brazos Electric, P.O. i
#76734 - South T xas Electric Co-op, P.O. #76735 - Medina Electric Co-op, P.O.
476736 - Lower Colorado River Authority, P.O. #76737 - Houston Lighting &
Power, P.O. #76738 - West Texas Utilities, P.O. #76739 - Magic Valley Electric
Co-op, P.O. #76740 - Central Power & Light, P.O. #76741 - City Public Service, _
• P.O. 476742 - City of Austin Electric Utility) • •
13. NO. 97-228
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENT BY TFE CITY OF
DENTON FOR DEBT SERVICE PAYMENT FOR SEMI-ANNTJAL BILLING
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70 UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN If
EFFECTIVE DATE.
14. NO. 97-229
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
TNTERLOCAL AGREEMENT WITH THE DENCO 9-1-1 DISTRICT
RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON
CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS
GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE.
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15. NO. 97-230
AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE
DEDICATION INSTRUMENT EXECUTED BY SAS & ASSOCIATES, INC.,
ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND
DECLARING AN EFFECTIVE DATE.
16. NO. 97-231
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE
CONTRACTS AND CHANGE ORDERS NOT TO EXCEED A CERTAIN
AMOUNT; AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY,
AND THE RISK MANAGER TO SETTLE CLAIMS NOT TO EXCEED A
CERTAIN AMOUNT; AND PROVIDING AN EFFECTTVE DATE.
17. NO. 97-232
AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY
EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES
IN THE VICINITY OF THE SOUTHEAST CORNER OF THE INTERSECTION
OF F.M. 2181 (TEASLEY LANE) AND OLD AL'TON ROAD, AS IT PERTAINS
TO LOT 1, BLOCK 1, SKYFAB ADDITION, IN THE CITY OF DENTON,
TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
18, NO. R97-035 .r
A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING
OF SEPTEMBER 16,1997; AND PROVIDING FOR AN EFFECTIVE DATE. j
• 19. NO. R97-036 ` . • •
A RESOLUTION AMENDING RESOLUTION NO. 4866 OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVED NOVEMBER 18,
1980 PERTAINING TO THE FUNDING OF THE CITY WAREHOUSE AND
SERVICE CENTER FACILITIES; APPROVING THE
INTRAGOVERNMENTAL ALLOCATION, TRANSFER, AND PAYMENT OF
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August 19, 1997
Page 7
CITY FUNDS BY THE CITY MANAGER IN ORDER TO ACCOMPLISH THE
ACCELERATED PAYOFF OF ANNUAL LEASE FEE OBLIGATIONS OWING
TO THE CITY ELECTRIC DEPARTMENT FUND; AND PROVIDING FOR AN
EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
20. The Council considered adoption of an ordinance authorizing settlement of the claim of
Jeanette M. Harrison in an amount not to exceed $693.75; authorizing the City Manager to act on
the City's behalf in paying the settlement, subject to the execution of a release of claim approved as
to form by the City Attorney.
City Attorney Prouty stated that last year there were a number of old paving liens which were
notified for payment. This property was not a homestead at the time the lien was imposed and thus
the entire lien could not be cancelled. There was also no provision to cancel the interest due. The
new tax attorney and taw firm that the City had hired worked out a settlement with Ms. Harrison to
reduce some of the interest that was due.
The following ordinance was considered:
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NO. 97-233
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
SETTLEMENT OF THE CLAIM OF JEANETTE M. HARRISON IN AN
AMOUNT NOT TO EXCEED S698.75; AUTHORIZING THE CITY MANAGER
TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT,
SUBJECT TO THE EXECUTION OF A RELEASE OF CLAIM APPROVED AS
TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE
DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye'' Cochran "aye", Dumme "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
• 21, The Council considered adoption of an ordinance approving settlement and authorizing the
City Manager to execute a Compromise Settlement Agreement in the claim of Constance Tetreault, i
individually and on behalf of the estate of Michelle Jimeao and as next friend of Hillary Isenhower,
Ashley Hesbacker and Tyler Shaeffer, minor children, against the City of Denton, alleging
:wrongful death in the drowning of Michelle Jimeno.
• The following ordinance was considered: _ • •
NO. 97-234
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMPROMISE SETTLEMENT AGREEMENT IN THE CLAIM OF
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Page 8
CONSTANCE TETREAULT, INDIVIDUALLY AND ON BEHALF OF THE
ESTATE OF MICHELLE JIMENO AND AS NEXT FRIEND OF HILLARY I
1SENHOIVER, ASHLEY HESBACKER AND TYLER SHAEFFER, MINOR
CHILDREN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND DECLARING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
22. The Council considered nominations/appointamts to the City's Boards and Commissions.
Council Member Kristoferson had nominated Jim Kuykendall at a previous meeting to the
Information Services Advisory Board. Young motioned, Brock seconded to adopt the ordinance.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durance "aye", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
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Council Member Young had nominated Harry Bell to the Human Services Advisory Board at a
previous meeting. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley
"aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor
Miller "aye". Motion carried unanimously.
23. Miscellaneous matters from the City Manager.
The City Manager did not have any items for Council.
24. New Business
The following items were suggested by Council Members for future agendas.
A. Council Member Young asked about the procedure for naming the activity stage at the
Fred Moore Park.
B. Council Member Young stated that a citizen had complained that Customer Service was
• giving out information on his utilities to other utilities. He asked if this procedure was
correct,
25. Possible Continuation of Closed Meeting under Sections 551.071-551.085 of the Texas '
Open Meetings Act.
• There was no continuation of the Closed Meeting. L • •
26. OfYicial action on Closed Meeting items held under Sections 551.071 - $51.065 of the
Texas Open Meetings Act,
There was no official action taken on Closed Meeting items.
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City of Denton City Council Minutes
August 19, 1997
Page 9
Following the completion of the Regular Session, the Council convened into a Work Session.
t. The Council received a report, held a discussion, and gave staff direction regarding the 1997-98
proposed budget.
City Manager Benavides stated that the process would begin with responses to questions asked at
the last budget wok session. Funding requests could be considered at the next meeting for Lalor
Funds. If Council had more questions today, those responses would be on the August 26* meeting. j
It was possible to have the budget ordinance ready for consideration on September 2nd. If Council
still had questions, a special call meeting could be called on September 9th to vote on the budget
ordinance.
Mayor Pro Terri Brock asked about decisions on the Lalor funding.
Kathy DuBose, Executive Director for Finance, stated that Council could make recommendations
on the funding and have the proposed recipients present budgets for Council approval. DuBose
reviewed the Council's questions that were raised during the August 8' meeting. They fast dealt
with the visualization program with the University of North Texas.
Council Member Cochran asked what was going to be visualized.
DuBose indicated that the program was going to be administered by the Economic Development
Department. That Department was the point of contact for anyone in the City to make a request for
the project,
City Manager Benavides stated that projects already started included the Airport visualization for
future parcel development. The second visualization project was the placement of entrance
markers to site them correctly for three dimension viewing.
DuBose r 3ted that another question dealt with the replaying of videos of council meetings, etc. A
schedule was presented for consideration. DuBose continued with another question that dealt with
CIP information, sidewalks and bikeways in the City. The next question dealt with information on
the proposed site reservation fees, A detailed memo was included for Council information.
Council Member Cochran stated that he was not sure he wanted to do this. He was not sure that the
cost was reflective of the paperwork involved. r
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Ed Rodney, Director of Parks and Recreation, slated that charges dealt with more than just the k
administrative charges. It was not just the paper processing but also the cleanup costs directly
associated wi"h an event. On one hand, citizens should have reasonable use of park facilities for ti
w their tax dollars but on the other, there was a need to have a charge for exclusive use of a facility.
Council Member Beasley asked about the mechanism for making a reservation.
Hodncy stated that a reservation list was posted for the reserved shelters.
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August 19, 1997
Page 10
Council Member Young stated that the citizens were already paying taxes for use of the park. He
could see a fee for conurercial use but not for residents. It was un-American and unconstitutional
to charge this fee. The park system was a big percentage of the budget and he did not see why
citizens had to pay twice.
Council Member Kristoferson stated that this fee was for the reservation for a large pavilion, not
just anywhere in the park.
Hodney stated that currently the pavilions were available on a first week first serve use. If no one
had reserved the pavilion, then it could be used without charge.
Mayor Pro Tem Brock stated that no one was paying to use the park. An individual would be
paying to use a certain facility at a certain time, at an exclusive time. Paying for a special service
not available for anyone else.
Young motioned, Cochran seconded to remove this fee from the budget. On roll vote, Beasley
"nay", Kdstoferson "nay", Cochran "aye", Durrance "nay", Young "aye", Brock "nay", and Mayor
Miller "nay". Motion failed with a 2-5 vote.
Cochran motioned, Young seconded to charge the fee only for groups larger than 50 and exempted p
non-profit organizations.
City Manager Benavides stated that if the schedule were going to be split, he would rather not
charge the fee as it would involve more in the process than was necessary.
On roll vote, Beasley "nay", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "aye",
Brock "nay", and Mayor Miller "nay". Motion failed with a 2-5 vote.
Beasley motioned, Brock seconded to approve the park fees as suggested.
Cochran motioned, Young seconded an amendment to exempt non-profit organizations.
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On roll vote on the amendment to exclude non-profit organizations, Beasley "aye", Kristoferson
"nay'", Cochran "aye", Durrance "nay", Young "aye", Brock "hay". and Mayor Miller "nay".
• Motion failed with a 3.4 vote.
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On roll vote on the main motion to approve as suggested, Beasley "aye", Kristoferson "hay", `
Cochran "nay", Durrance "aye", Young "hay", Brock "aye", and Mayor Miller "aye". Motion
carved with a 4.3 vote.
• DuBose continued with solid waste issues that included a memorandum from Bob Nelson. • •
Council Member Cochran asked about a Bee day at the landfill
Howard Martin, Director of Environmental Services, stated that that could be done if desired by
Council. Dates and times could be scheduled for such a proposal.
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August 19, 1997
Page 1 l
Mayor Pro Tern Brock cautioned to be careful about opening the landfill because there might be
people outside the city limits who would abuse that time and even perhaps some commercial
haulers.
Council Member Beasley stated that this proposal would not effect the budget and it did not have to
be decided at this particular point in time. It could be done later, after the budget was approved.
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DuBose stated that Item 7 dealt with information on fiwxhise fees compared to TMPA cities. Item
8 dealt with the sales tax receipt. This month the sales tax was up and provided an additional
$53,000 for next year. That money would be available for appropriation or could be placed in the
fund balance. Item #9 was requested information concerning park maintenance, both current efforts
and proposals for next year.
Mayor Miller asked whether this year's budget would allow the City to maintain the parks at a level
of comfort or would it still just be borderline.
Hodney stated that the Department was still behind in resources in what was dedicated to park
maintenance. There was a need for additional people and when new facilities went on line, it
would be harder.
Mayor Miller stated that he had concerns about this as it was a highly visible issue. The park
system brought on new facilities plus medians. He suggested Council consider the addition of two
more maintenance people with a one-time charge for equipment.
Council Member Kristoferson stated that there were 14 people taking care of 1650 acres. She would
support the Mayor's suggestion.
City Manager Benavides stated that the Department would be contracting litter and restroom
maintenance to allow reassignment to other projects.
Young motioned, Kristoferson seconded to add two new positions with additional resources of a
new mower, a radio and tools, timing of the expenditure to be determined by staff. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and
Mayor Miller "aye'. Motion carried unanimously.
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DuBose stated that the next item dealt %Ath the hotel occupancy tax funding, the actual use of the
revenue and the law regarding the use of the revenue. There was also a detail of each response and
( those organizations that had requested funding.
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• Council Member Beasley requested that all member receive quarterly budget reports from the - • •
recipients. .
Mayor Pro Tern Brock asked for an explanation of the carry forward fund and how it was
detemiined.
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Page 12
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DuBose stated that incorporated in the contracts were a percentage of the overall reatipts up to a
budget allotment At this point, because of the limitations and not being able to amend the budget,
an amount must be carried forward based on the amount to the next year. If the estimate were
lower than anticipated, an additional carry forward would be added to the next year.
Mayor Miller stated that the recommendation was to no longer have carryover wT*"ts.
DuBose stated that the recipients would receive a certain percentage up to the budgeted amount
Mayor Pro Tern Brock stated that not more than 15% of total the amount could be allocated to the
arts.
DuBose replied correct
Mayor Pro Tern Brock questioned if the City had to allocate any percentage to the arts or could
100% be given to the Convention and Visitors Bureau.
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DuBose replied yes that the limit on the arts was up to 15% but there was no requirement for giving
to the arts.
Council Member Cochran asked about the provision of the organizations receiving funds adhering
to the Open Records Act.
City Attorney Prouty stated that there was a general requirement that any organization receiv.ng
public funds was subject to the Open Records Act unless there was a contract which specified that
in return for those funds. the organization gave back services equivalent to the funds given.
Mayor Pro Tern Brock asked if it would be possible to include in the contracts a provision that
financial records be available under the Open Records Act
City Attorney Prouty replied yes it could be done.
Mayor Pro Tern Brock stated that the Black Chamber of Commerce requested $5000 and the
Committee recommended 56000 and questioned why it was recommended to receive more than
• requested.
Council Member Young stated that the Chamber planned on doing more than it had been doing.
Last year the Chamber lost money on their project but planned to have increased activities next
year.
• Mayor Pro Tern Brock stated that the Denton Chamber of Commence Convention and Visitor • •
Bureau had generated a great deal of interest regarding bat allocation. Last year the allocation was
$225,000 and this year their proposed base allocation wn $255,000 which was a S30,000 increase
even though the percentage was the same as last year. The percentage would remain the same but
the dollar amount was increased. The carryover was 540,000 so that was $70,000 more than last
year. She felt that the issues which were raised regarding who should be consulted on the
allocation of funds increased the City's look at the role of the Convention and Visitor Bureau and
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City of Denton City Council Minutes
August 19, 1997
Page 13
its relationship to city government. There were wide variations on how convention and visitor
bureaus were operated. She felt it might be time to re-examine the entire relationship of the Bureau
in terms of what the Bureau did, how the money was used, what was its relationship to the i
Chamber of Commerce, and its relationship to the City. She recommended that instead of two-year
contracts, the Council give one-year contracts following the recommendations of the Committee.
This would give Council time to re-evaluate the philosophy of this relationship. f
Council Member Beasley stated that the recommendation from the Committee was that all
contracts be one-year contracts.
Mayor Miller felt that it made sense to proceed with one-year contracts this year. In future years
the Council might want to rethink about having permanent funding.
Mayor Pro Tern Brock stated that in the future, the Council might want to consider three-year
contracts as it took much staff time to deal with these contracts. She suggested a change in the
recommendation to have the Denton Community Theater receive separate funding. She was
concerned about the possibility of competing among arts for funding. Her recommadation was to
restore the Greater Denton Arts Council to the forma percentage of 15% and add the stipulation
that for the next two years they allocate $5,000 to the Denton Community Theater to compensate
them for work done for the arts groups.
Mayor Miller stated that that would increase the amount to S11,000. He suggested that the i
additional money be used to look for grants for other arts groups.
Mayor Pro Tern Brock stated that in the past the hotel/motel funds had been used for then
administrative costs. She would add the stipulation that the additional amounts would be used in
grants to the arts groups.
Brock rrrtioned, Beasley seconded to restore the funding for the Greater Denton Arts Council to
the former percentage of l5°/., that $5,000 of the funding be for the Denton Community Theater
and St 1,000 would be used for grants to other groups.
Council Member Cochran stated that he had a problem allocating all of the available funds to one
group and then asking them to subcontract those funds to other groups. He felt that not all of the
• allocation should be used.
Mayor Miller stated that he supported the motion. The Arts Council was developed to support all
of the arts in the community.
• Mayor Miller stated that the motion was to restore the hording to the Greater Denton Arts Council • •
to 15 % with the additional futAs for grants and $5000 to the Denton Community Theater.
Council Member Young staled that he would be voting against the motion to sad a message to the
groups that did not have the required number of minority participation
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City of Denton City Council Minutes
August 19,1997
Page 14
On roll vote, Beasley "aye", Kristofersot, "aye', Cochran "nay", Durrance "aye", Young "nay",
Brock "aye", and Mayor Miller "aye". Motion tamed with a 5-2 rote.
Brock motioned, Beasley seconded to accept the remainder of the recommmdejon from the
Committee. On roll vole, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye", and Maya Miller "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 9:50 pm.
JACK MILLER, b lAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENT ON, TEXAS is
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CITY OF DEMON CITY COUNCIL MINUTES
August 26, 1997
After determining that a quorum was present and convening in an open mer!;ng, the City Council
convened in a closed meeting on Tuesday, August 26, 1997 at 5:15 p.m. in the Police Conference
Room of the Denton Municipal Complex.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council b4.mbers Beasley, KristoCerson,
Cochran, Durrance and Young,
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. 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 Work Session on Tuesday, August 26, 1997 at 6:00 p.m. in the
Central Jury Room of the Denton Municipal Complex.
1. The Council held a joint meeting with the Keep Denton Beautiful Board regarding
recommendations for use of the Govemoes Community Achievement Award. j
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Larry Mullen, Chair-Keep Denton Beautiful Board, stated that the City had been awarded the L
Governor's Community Achievement Award for a landscape project that had to be designated on a r
State right-of-way. The Board did not have a definite site for consideration but had several
proposals. Once the decision was made at the City level for a location, the process would go to the
Highway Department for consideration.
Cecile Carson, Planner III, stated that TxDot provided funding of this type on an atmual basis.
Denton was one of nine winners and this was tha third time Denton had received this funding, The
award this year was for 560,000. Factors for site selection involved safety, visibility, future
construction, and support network for maintenance. The next step was the development concept
that was done to decide specific elements of the project. The preliminary design stage would be
done by TxDot. As this was not a grant but an outright mazy giA, no ma!ching funds by the City
1 were required and the City needed no landscaping design. The final approval stage had to be
approved by TXDot. Once the plan was finally adopted, it would be bid by TxDot and a contract
awarded. TxDot would work with the contractors for construction, have a final inspection with a
• ' maintenance phase included. There were a number of proposed sites with pros and cons for each
site. One proposed site was Avenue D at I-35E, This site was highly visible, had a potential of
connecting with landscaping being done at UNT and the project design could be similar to a project
done in Richardson that TxDot could use. Cons for this s1te included the possible co:t7truction of a
new bridge or road widening which could eliminate the site and the requirement of the City by
TxDot to assume the maintenance on 1-35. Another site was Fort Worth Drive at 1-35 to Collins
• Street. This site was part of the TxDot road construction project, was visible from 1-35F and Fort • •
J Worth Drive, and was included as a priority entrance that needed improvement by the original
Beautification Task Force. The cons for this site included the timing of the road construction
project set to begin in January 1998. An I-35W entrance marker was another possible site. Pros
for this site included the fact that this was a CIP approved project with strong citizen commitment.
Cons indicated that the marker was not on State rightof-way, TxDot would require City
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City of Denton City Council Minutes
August 26, 1997
Page 2
maintenance of 1-35E and the limited use of landscape. A rodbud planting, another proposed
project, would have a faster implementation since there was less design required but the locations
were limited to V from the road or along slopes. An 1-35 wildflowers planting, the last proposal,
had the pros of faster implementation since less design was required and a seasonal impact. A con
for that site was that it would be hard to determine a success factor and was a seasonal impact
Mayor Miller stated that there was no recommendation from the Board.
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Carson replied no that the Committee had asked for a joint meeting in order to discuss where the E
project should be located
Mayor Pro Tcm Brock stated that her first choice would be Avenue D at I-35E. One side of the
intersection had a very pretty yard and the other side had no landscaping at all and looked very W.
Some type of work needed to be done in that area as it was one of the main entrances to the
University of North Texas.
Council Member Beasley asked if there was bond momy for beautification or for roadwork only.
Rick Svehla, Deputy City Manager, stated that that money was for roadwork only. LW had
indicated that they would have some money available for landscaping and entrance markets Io the
University.
Council Member Beasley asked about landscaping money for Fort Worth Drive.
SvchIa stated that there was a small amount of money for landscaping from I-35 to Collins Street.
Most of the right-cfway was narrow and would be hardscaped.
Council Member Beasley stated that she would be in favor of either of the first two projects.
Council Member Kristoferson stated that her preference would be the redbud planting as 1-35 was
so visible for visitors in Denton. Her second clyiice would be Fort Worth Drive.
Council Member Young indicated that the crib-ance marker to Dallas Drive needed some work, as it
was hard to see. One area to consider wass landscaping Dallas Drive all the way to Bell Avenue
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Council Member Cochran stated thzt the wildflower planting would be his preference. Thai project
would cost Ieas with money available for other projects. -
Council Member Durrance stated that all of the projects had merit. The entrance marker was
already in the CIP and he would rat recommend that project Initially he was interested in redbud _
• planting. He suggested finding the project that would visualize the maximum amount for the •
dollars available.
Mayor Miller stated that the two previous projects made a difference in the strolls. His opinion was
for a more noticeable difference as with the overpass at Avenue D and he would favor that project
Mullens stated that there would be a board meeting with a committee set up for Council
consideration. The time frame needed to be worked on. Matching funds could be put into the
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Page 3
project along with the award money.
2. The Council received budget presentations, held a discussion and gave staff direction
regarding the hotel occupancy tax funding to various organizations including:
A. Denton Black Chamberof Commerce
B. Denton Chamber of Commerce Conventionand Visitors Bureau
C. Denton County AmphitheaterAssociation
D. Denton County Historical Museum
E. Denton Festival Foundation
F. Denton Hispanic Chamber of Commerce
G. Denton Holiday Festival Foundation
H. Friends of Denton County History, Inc.
1. Greater Denton Arts Council
J. North Texas State Fair Association
K. Scholars Phair Foundation of Texas
11. Tejas Story Telling Association
A. Denton Black Chanberof Commerce
Curtis Himes stated that Lalor funds were given to different organizations in the community to help
bring in tourism for the City of Denton. The Black Chamberof Commerce was trying to do that by
bringing in outside sources to support D enton'stax base.
Council Member Beasley asked what projects were proposed for tourism.
Himes stated that the Chamber was seeking a national cunvention in 1998 to come to Denton.
They also had the annual African-American Music and Art Festival.
B. Denton Chimber of Commerce Convention and Visitors Bureau
Jane Jenkins stated that an activity report and marketing plan had been previously reported to
Council. The Bureau's mission statement had been revised with a different direction to work on
• enhancing visitor services and promoting tourism activities and prodding hospitality training to all
tourism partners. The CVB provided two centers for information - one at the Chamber of
Commerce and one at the Outlet Mall. The Denton brochure had not been reprinted in three years ,
and needed to be done. Advertising was done to promote Denton. The marquee billboard was a
project of the CVB and" as provided free of charge to organizations promoting tourist events. This
procedure would be changing due to the cost of the billboard, The convention services were
• severely cut as they would not bt going after large conventions but would provide services to those
conventions coming to Denton. U, funding which the Convention and Visitors Bureau received • •
from the City went to the Chamber of Commeme which had a contract with the City to manage the
Bureau. All of the monies were separate. A revised budget for the Bureau was given to Council at
this meeting.
Council Member Young stated that one year the billboard had an advertisement for the Juneteenth
celebration but he had not seen it in recent years. Ile asked how the decision was made for use of
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August 26, 1997
Page 4
the bi II board.
Jenkins stated that applications were made for information to be placed on the billboard but that
often that did not happen. If no applications were made, the Bureau would select a project. First
priority went to applications made for the billboard.
Council Member Young asked if the Bureauhelped with the Jazzfestor the Fair.
Jenkins stated that the Bureau had some direct involvement with the Director's time and some
monetary support. The Bureau would be wiling to help with any other event that %,-as going on in
Denton.
Council Member Beasley stated that she had seen in hotels, a brochure or magazine that listed all
events which were going on in that particular city. She asked why that was not done in Denton.
Jenkins stated that that was part of a new plan for enhanced services to visitors. The Bi urau would
be working on such an item in the near future.
Council Member Beasley asked about the billboard north of Denton and felt that it was not an
efficient use of money.
Mayor Pro Tent Brock asked about the position of "information assistant". She asked what that
person did.
Jenkins stated that that was the person who greeted someone as he came into the building.
Mayor Pro Tem Brock asked if the cost was shared with the Chamber, as soru of the duties were a
receptionist for the Chamber.
Jenkins replied no.
C. Denton County Amphitheater Association
Peggy Capps stated that in 1989 a group of individuals coming back from another outdoor theater
• production. thought Denton would be a great place for its own outdoor theater. After approximately
five years of studying this issue, a site was chosen. The economic impact of such a production on
Denton would be approximately $19 million. This group was working to be the number one reason
for individuals to come to Denton. January 24, 1998 was the target date for a brochure promoting
tourism and the proposed project. The group was also planning to do a video to market Denton and
the drama.
D. Denton County Ilistoricat Museum
Norma Gamble stated that the Museum had made a terrific impact on the City for visitors, It was
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the one main visitoratuaction in Denton.
Council Member Cochran asked about the Museum following the Open Meetings-Open Records
policies.
City of Denton City Council Minutes
August 26,1997
Page 5
Gamble stated that the Museum's meetings were open to the public and the open records were
fol lowed as they applied to corporate law.
Council Member Cochran asked whether the financial records from the City were open to public.
Gamble stated that a financial and;: was given to the City as required by Federal law.
Council Member Young aske3 how much money the Museum requested this year.
Gamble replied 11.964,: as it had requested in the past but had received only 8.090/6.
Council Member Young stated that that was $10,000 decrease. He questioned if the Museum
would be able to provide the same amount of service with that amount of decrease.
Gamble stated that the Museum was in the process of raising the additional money to compensate
for the loss of dollars. The Museum had expanded services in the last four years and had increased
hours of operations. The Museum would be publMinga magazine to celebrate its 20th anniversary
that would be placed in all hotel rooms in the City.
Council Member Young stated that he wanted to restore the Museum's funding to the same level,
as there was no justificationto cut the funding at this time.
Mayor Miller stated that the Council had already taken actio•i on the funding. This meeting was
only for presenting the organization's budget. The proposed finding was voted on at a previous
meeting. As the Council went through the budget procf.ss, a Council Member could make an
amendment as desired.
Council Member Cochran questioned the statement that the Museum had a $10,000 reduction in
funding. He understood that the allocation had been raised, not reduced.
Jon Fortune, Director of Management and Budget, stated that the contract amount for last year was
566,035. This year the contract amount was $60,308, However, when the carry forward funding
was included in the amount, this year was 569,829 and For text year would be $72,932.
i
• Council Member Cochran stated that the funding was t:o¢ really being reduced.
1
i Fortune replied correct.
E. Festival Foundation
Carol Short stated that with the City's support, the Festival Foundation was able to grow and { • •
develop into a major regional festival. The Festival had received the National Events and Business
News Award. It had broad support from the community "a large membership that contributed to '
its success. Money raised fit the Festival went back into the community for arts facilities. As the
festival grew, its needs would also grow. The Foundation appreciated the support it received from
the City.
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City of Denton City Co;utcil Minutes
August26,1997
Page 6
F. Denton Hispanic Chamber of Commerce
Pat Alva-Green stated that the Chamber had two activities planned that would profile Denton and
bring in tourism. Urfa activity was a Hispanic concert and another was a bilingual procurement
exposition. Both events were two-day events and the requested funding was for the promotion of
the activities.
G. Denton Holiday Festival Foundation
Peggy Caps stated that the Foundation appreciated the Council's recommendation for funding. The
Foundation would be using the proposed funding to prepare a brochure for the area hotels listing
events for November and December.
H. Friends of Denton County History, Inc.
Barry Vermillion thanked the Council for the proposed funding. The organization had three fund
raising projects that would promote tourism. It did not have an itemized budget, as it had not dome
any projects at this point in time. The organization was created to gather money to help promote
the protection of history of Denton County.
1. Greater Denton Arts Council
Herbert Hoil stated that the allocation from the City was about 33% of their budget. The funds
were alloedted according to three principles- where the money was needed the most and was the
most difficult to raise; where was the easiest to document and track the money in terms of reporting
purposes; and what would be the most beneficial to the public. The funds were placed in
adm inistrative expenses, operating expenses and gallery programs.
Mayor Pro Tern Brock asked if there might be small sums available for grans to help with
individual events for first starters,
Holz stated yes that the grants program was done in terms of what would be bougia for the
community - not, in terms of which groups were being support-d. The grants program was an
extension of their own mission to provide accessibility to arts through free and low cost programs
• to the community.
J. North Texas State Fair Association
Bill Allnt stated that Lalor funds were 254/a of their budget. There had been a concern expressed
that the Fair was only a once-a-year event but actually the Fair was a year-round operation. The
Associationwas actively promoting the use of the fairgrounds all year rotund. It had purchased 1 I t
• acres north of the fairgrounds to help with the parking in the neighborhoods. The City's funding ! •
paid for the administrative fiords so that the proceeds of the Fair could be used for improvements at
the Fair.
i
K. Scholars Phair Foundation
Donald Cox stated that Texas Youth Phair was )m event that the Foundation would be sponsoring.
t.
t.
Nor
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City of Denton City Council Minutes
August 26, 1997
Page 7
This activity was now, a multi-state event. He presented the activities that were included in the
event that dealt with Slack history events.
L. Tejas Story Telling Association
Karen Morgan stated that the Storytelling Festival had grown during the past 12 years. Participants
came from all over the State of Texas and from foreign countries. Over past years the Association
had to struggle for funding and with these fiuids the event would be able to continue to grow.
3. The Cw:neil received a report, held a discussion and gave staff direction regarding the
1997-98 r.vposed budget.
Kathy DuBose, Executive Director for Finance, stated that Council had received answers to the
questims it had raised at the last meeting. Tab #11 provided a memorandum regarding utility
transfer.s. Tab #12 dealt with a question regarding the visualiiatic n project and the charge back
includM in the proposed budget. Tab #13 presented calculations regarding the hiring of two
workers and associated equipment costs for the Packs Department for the next budget year.
Council Member Kristoferson stated that if the March option were used for the hiring of the Parks
employees, there would be a balance remaining of approximately $5,800. She suggested allocating '
that money for library materials.
Kristoferson motioned, Young seconded to allocate $47,128 for the additional Parks positions and
equipment in March and the balance to be allocated to the library. On roll vote, Beasley "aye", i -
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously.
City Manager Benavides stated that he was recommending amending the fee proposed for park site
reservation to only require payment for reservations at South Lakes, North Lakes and the Civic
Center Parks and that the neighbothood parks be at no charge.
Brock motioned, Kristoferson seconded to follow the Manager's suggestion regarding park
reservation fees.
• On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye". Durrance "aye", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried unanimously.
Following completion of the Work Session, the Council convened into a Special Called Session.
i
1, The Council considered approval of a resolution supporting the existing boundary between
• Denton County and Tan-ant County and supporting Denton County in its dispute with Tarrant • •
County over approximately 5,500 acres on Denton Countys southern-most boundary.
Council Member Young stated that Denton County was asking for the City of Denton to support
them in their dispute with Tarrant County over the border line.
Young motioned, Cochran seconded to approve the resolution.
:r
City of Denton City Council Minutes
August26,1997
Page 8
Council Member Beasley stated that this was a legal dispute and the City did not have any bearing
on the outcome. She supported the idea of keepi ig this land in Denton County.
Council Member Durance stated that he would be voting against the resolution and asked Council
to do the same. He felt this was bad public policy and was meddling. The issue was in litigation
and was not a matter of public policy. He felt it was a mistake to pass such a resolution and not uY
to influence matters and items outsiet the City.
Mayor Miller stated that he would vote against the resolution because it was a legal matter, He did
not know where line should be. Denton County was trying to settle the matter out of court and he
felt he was not qualified to decide where the line needed lobe drawn.
Council Member Young stated that all of the cities in Tarrant County had signed a resolution in
support of Tarrant County. All of the other cities in the County supported Denton County. This
resolution supported Denton County and its stance. There were no recommendations to the Court,
it only supported Denton County.
Mayor Miller stated that the first "WHEREAS" stated that the Denton City Council believed that
the existing boundary between Denton County and Tarrant County was the correct boundary. He
was saying that he did not know that and could not supp rt that.
Council Member Cochran stated that he was only supporting the County Commissioners on this
issue. The document stated that they were citizens of Denton County and were in gertcral support
of Denton County.
Council Member Kristoferson stated that she believed in the good neighbor policy of the two
counties and supported Denton County. This was, however, a matter of taw and in negotiation.
The resolutions by other cities may have been done prior to the issue going to court.
On roll vote, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "aye",
Brock "nay", and Mayor Miller "nay". Motion failed with a 34 vote.
With no further business, the meeting was adjourned at 9:20 p.m.
1
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY }
CITY OF DENTON, TEXAS
•
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ApeAda No..
CITY COUNCIL REPORT FORMAT Apenda Item
Date___._ '
TO: Mayor and Members of the City Council
FROM: David M. Hill, Planning Director
DATE: November 18, 1997
SUBJECT: Hold a public hearing and consider a detailed plan for property zoned Planned
Development 12 (PD-12) for Commercial uses. The 5.491 acre tract is located on the
south side of Interstate 35E, at the Corinth city limits. (Z-97-019)
RECOMMENDATION:
The Planning and Zoning Commission reom-emended approval of the rezoning request (6-1) at its
meeting on October 22, 1997.
BACKGROUND:
See Pianning and Zoning Commission Report
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Please advise N I can provide additional Informabon.
RESPECTFULLY SUBMITTED,
Rick Svehla
Deputy City Manager
Prepared by:
Donna Bateman
Senlor Planning Technkian
Approved by i
M. Hill t •
Director Planning and Development
Attachment #1: Planning and Zoning Commisalon Report
I Attachment #2: Planning and Zoning Commission Minutes from October 22,1987.
Attachment #3: Draft Ordinance.
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
r and Members of the City Counul
F
'xg and Zoning Commissar mber 5, 1997
019
GENERAL INFORMATION f
Applicant: W. Charles Hamilton
Halff Associates
4000 Fossil Creek Blvd.
FL Worth, TX 76137
Ov ner: Ford Land Leasing Development
One Parklane Boulevard
Suite 1500 East
Dearborn, MI 46126-2477
Action: Consider approval o( a detailed plan for property zoned planned Development 12 (PD-12)
for Commercial uses. The proposal is for the conatrucW of a new and used auto
dealership.
Location and Size. The subject property consists of a 5.491 we Vact located on the south side of 1-35E, at the
Cori; t city wnhs.
Surrounding Lend Use and Zoning:
ZQNING LAND
L~AT~4l1
North: Agricultural / PD134 2rityo( ant
mont Country Club Estates
South: Corinth C' Limits
East: Planned Development (PDant
Cori n th
Pian rsed Deve t PDant
CONSISTENCY WITH THE DENTON DEVELOPMENT PLAN!
Intensity. This project Is located in 'Low lntenaRy Area, Number 77'. The existing land use, undeveloped current
zoning and agrWturat zoning In this area would result In 155 percent of Intensity trips allocated if tatty built out
Trips allocated to existing land use represent 36 percent of the area Intensity trip allocation.
r
Major Entrance Way. The project fronts on 1-35E, the major entrance way to Denton from the Dallas area. The
policy of the Denton Development Phan with respect to entrance ways Is to encourage and prorrwte good urban
design to enhance the aesthetic quality and visual amenities along entrance ways. Two specific guidelines are
described:
1. Development proposals should be revlewed to ensure adequate compliance with standards and
• requirements Including but not limited to: • •
a. Front yard setbacks I
b. Buildi ng coverage
c. Landscapbng
d. Swage
e. Curb cats
I. Off-street parking
Obi
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FAna~~The Design and Construction of fagade
Pedestrian access
posal meets the specific standards and requirements of the zoning and development regulations.
zoning established In Ordinance 64-087 that every effort be made to protect the tree masses' its
tation. The proposed landscape plan for the project meets the City's landscaping requirement and
indicates the preservation of 17 of 135 existing trees (I I%) and the planting of 25 new five oak trees of Y to C
caliper, concentrated toward the t-35E frontage. The proposed plan appears to be'consjstenl' with poky of the
Denton Development Plan.
2. Promote integrated site design end layout which considers adjacent tracts of land with emphasis given to
internal circulation as opposed to continuous step development
Anaysis. The site is bounded by the Corinth city boundary, 1-35Er end a 1-'L nt Texas Power and Light utility
easement The property Is somewhat isolated. With the exception of the a 4::o the soutm*st proposed V future
new and used car storage there are no proposed Internal connections to adjacent proyerty. Because of the limited
opportunity with regard 10 l cup to the properties to the souMeast and
northwest the proposed plen an appears to be 'some what k s*r **h poficy of the Denton t7opms4 Plan.
SPECIAL INFORMATFON
The subject property !s a portion of a 58+ acre tract The tract is not platted and wtll be requlred to be platted prior to
any, development on the properly. Due to the size oft* property, the applicant will be required to obtain approve! of
a general development plan, for the entire 58+ acres, prior to consideration of a preliminary plat of the 5.491 saes.
The Information required for the general development plan eltowa staff to determine futxe Infrastructure needs, This
also allows the applicant to develop a email tract without the cost associated with preliminary platting the entire 58+
aces. Issues that will be involved with platting the property may 'rrckide the extension of water and sewer linear
dedication of various uUIty and drainage easerroft, installation of fire hydrants and possible drainage related
improvements. All public Improvements will be determined during the platting phase and are not Issues related to
rezoning.
BACKGROUND
January, 1969 = Ten acres of the subject Planned Development Is zoned Agrir;uMxat (A) with a motile home park
on the property. This Is the current tocabon of the James Wood Autopark
(-1169) November, 1272 ■ MFA, Incorporated requests annexation of 135 acres and that the zoning be changed
from Agricultural (A) to Planned Development (PD-12) for lownhomss, muttj-family and commerc!W uses.
Annexation and zoning approved by Ordinance 73.5 on February 20, 1973.
(Z-1705) June, 11966 - Ordinance 66-109 is approved amending the atlowabts uses for Commercial property located
w4hin the existing Planned Development (PD-12} This allowed for al Commercial uses on 43.4 acres (including the
subject property), except for the followYV uses:
Arrxrsementr comrnerctal (outdoor) drag strip or commercial racing
• Asphalt or concrete batching plant (permanent)
Brick kiln or file plant f
Cemetery or mausoleum f
Dormitory, boarding or rooming house
Dump or sanitary fib area
Extraction and sale of sand, caliche, stone, day or gravel
Fairgrounds or exhibH area f
Go-cart 4aou
• •
• Hatdtery (poultry)
Hauling or storage company
Heavy machinery orates and storage
Home for care of alcoholics, nercofic, or psychiatric patients
Livestock suction
Uvestock feeding plant, Pars or yards
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•
F rage of mining wastes
e yard for rags, machinery, etc.
llecting or storage yard
shop or storage yard
ds
or earth sales or storage
Stables, boarding
Stables, commercial rental
Stables, private club
Storage and sales of furniture or appliances (outside of a building)
Theater (drive-in)
Tire retreading or recapping
Tod or trailer rental
Trailer camp or mobile tome park
Trailer rental or sales
Use auto parts sales (inside of a building)
Used auto parts sales (inside o( a building)
NOTICE
One (1) property owner was notified of the request on October 10, 1997, As of this writing, the reply form has not
been returned in favor car in opposition.
ANALYSIS
The following information is required to be shown on a detailed plan:
(1) Acreage. The acreage In the plan as shown by a survey, cert'rW by a registered surveyor.
Provided.
(2) Lend Uses. Pem>rtted uses, specified in detail as determined by the department, and the acreage for each
use.
The only permitted land use proposed Is for a nrw and use car sales lot
(3) Off-site fn--mtatlon. Adjacent or surrounding land uses, zoning, streets, drainage farAdies and other existing
or proposed off-site Improvements, as specified by the departrnent, sufficient to demonstrate the relationship
and compatibility of the district to surrounding properties, uses, and facilities.
The propertles to the east and the west are undevNoped. The uses perrnittad for thew propertles are
consistent with the uses permitted on the subject tract. The single famlly properties to the south are
located in the City of Corinth. The applicant has proposed a six (8) foot masonry or concrete fence
the length of the property. In addition, liners Is a fkty (60) foot stops end drainage easement along
the southern portion of the tract that wig provide a buffering between the propertlos.
(4) Traffic and Transportation. The location and size of all streets, alleys, parking Ids and parking spaces,
loading areas or other areas to be used for vehicAtw traffic; the proposed aocm and =nectloon to existing
• or proposed streets a4went to the district; and the traffic generated by the proposed uses.
Ordinance 1874)84 required that alt commercial uses Located within the planned deveiopment are
required to maintain a parking standard of one space for each ttvm hundred square feet of ftoor
space. The apptlcant has provided this.
In addition, the SubdMslon and Land Development Regulations requires that all parking lots and fire
• lanes malntaln a width of twenty four (24) feet when planned for two way traffic. The applknt has
proposed s twenty (20) foot width on the subject property. Whfte this is still acceptable to staff, k ~ • •
should be notod to the Commission.
J
(5) Buildings. The location, maximum height, and minknurn setbacks for all buildinil and if nonresidential, the
maximum totd floor area.
Provided.
axe dirnerm;otn of the lots, the n tinimum setbacks, tie
The locatk)n FResi*rWel ellids mwrnber of care is p, and
le.
ainage. The location of ad creeks, ponds. lakes, floodplains or other water retention or major
ities and improvements.
Provided.
(8) Mities. The location and route of all major sewer, water, or electrical lines and facRejes necessary to serve
the district.
Provided.
(9) Tree and landscaping. The location of ail protected trees and a landscape plan as required by the city s
landscape ordinance.
As part of the approved ordinance (064-0117) for d9o site, two conditions ware placed on the property
2) Five pertaining (S~a of the ft toThose tal lot area sA 11 be maintained as lands apod p the sace masses' and
The applicant has met the condition pertaining to landscaped open space; however, staff Is
concerned with the preservation of the existing trn masses. The applicant had a bw inventory
conducted on the property and found that 135 trees ranging in size from 6 Inches to 24 Uches
existed. The applicant proposes preserving 17 of these trees and rornovkg 116. Protected trees are
defined as all Itvin9 tees whose trunk Is ten (10) Inches or larger when measured twelve (12) Inches
above the ground. The mxrAw and sits of the pretocted treat to be removed kwAW* the following:
12=1g" 6.11" 15.12" 4=13" 6=14" 12=15"
6=1s" 3=17" 11=1s" 1=16" 2=21" 6=24"
1 = K" (Note: Four of ft tare listed above were actually eight trey that share a common
)
root system with one another. For example, the 34" tree Is actually two 17" trans.
The number and size of the protected treat that the applicant proposes preservkq Include the
following:
3=10" 6=12" 1=13" 2■14" 2=15" 2=16"
The applicant should make every effort to exhaust all possible means of preserving the trees prior to
removal. Staff don not believe that this has been done.
(10) Open Space. The approximate location and size of greenbelt open, common, or recreation areas, the
• proposed use of such areas, and whether they are to be used for public or private use.
Provided.
(11) Screon4v. The location. type, and size of all fences, berms, or screening features proposed between
different land uses or adjsoent properties.
Provided. t
(12) Signs. Location, type, and sae of all signs regulated by the city's sign ordinance.
Provided. `
(13) SidewaaFs and Wks paths. Sidewalks or other kwoved ways for pedestrten or bicycle use.
1
Provided.
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L REQUIREMENTS
he information required above,"faf vwbV requirements were part of a previously approved
Faddi
he property
gdrer w4m. Ma*mxn of eight (8) stories.utrwmmts. Front yard - M•mOwn twenty five feel.
Side yard - Mnkmwm fr ww feet.
Raw yard - No rear yard Is required.
raQa. Maxkixxri filly percent (5096) twilditq coverage.
a Raft Maximum 1:1.
• BuRding 1Natv+fsfs. The main bu&*V exteriors shall be oonsUmad of glass, stone, brick, des. cement
concrete, or eimtler materiels, or any oombinatlon thereof.
• TnHio Requbw"nts. When the ievd of service changes from C to D at the sovolized Intersection of State t' y
School Road and the service roads of Werstats F 4*W 35-E, or accident, at the above mentioned Marvecdon
exceed the guidelines of ft State Highway Department as determined by the City Engineer, than, as a condition
of rocelving bulding parmb thereafter, 13.3% of the cost of the slg Walloon equiprnsni needed at that
Intersection or $5,200A0, whichever is less, ehall be paid to the City of Denton, d Cie City of Donlon woOd be
responsible for the necessary s4naiizatian of equlpmenl
RECOMMENDATION
The Piarxiing and zoning Commission recommwided (6-1) approval of the proposed detailed plan.
ALTERNATIVES
1. Deny ft regaeal
2. Approve the request as submitled.
3. Approve the request with other ooredom,
4. Postpone consideration
ENCLOSURES
1. vjcir y map.
2. Property locat- i "10,008 *N case.
3. Approved Cora • r . i 1105.
4. Approved Conca;:''" wr r A tract.
5. Proposed Detailed Plan
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PROJECT
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ATTACHMENT 2
Page 3
1 PROCEEDINGS I me on this one. This request before you tonight is a
2 MS. SCKEAM we will taw bring the October 2 portion of the 58 acre pact, which actually amounts to
3 22, 1991 meeting of the Planning and Zoning Commission 3 a little over five saes. The plat will be coming to
4 to order. 4 you at a Leer date.
5 First item on tonight's Agenda will be to $ The applicant is requesting to take the five
5 consider approval of the mina of the September 24, 6 acre tract, which was approved for planned development
7 1997 meeting awn to ask if there are any corrections. 7 in 1984 for commercial rise. And is requesting approval
S Hearing on mnectim s, the minutes will stand approved 8 of a detailed plan for a new and used auto aka The
9 a written. 9 area that 1 want to address you to is Page 11 of your
10 Item No. 2, the Consent Agenda The 10 Staff Report You don't have a matrix in your Stall
1 l following item is recommended by the Raft and approval 11 Report and the neaten why is, unlike a straight zoning
12 thereof will be strictly on the basis of Ralf 12 case, in a planned develnpenew that Wready has an
U recommendation. Approval of the Consent Agenda 13 approved concept plan, in cider for a detailed plan to
14 authorizes the Raft to proceed with each item in 14 be approved, it must be in accordance with your concept
15 aoowdw= with the staff moommeadatiea I would like 15 pia Some older concept plans that was approved prim
16 to zwwu ce at this time that the Petitioner has aslxd 16 to the late SO's when the Denton development plao wu
17 for Item No. B to be withdraw and pkax make a wk. 17 approved, may not be in accordance with the Denton
is And so we'll be considering the Coumt Agenda only of I S development plan today. It may brn been in accordance
19 Item No. A and I will entertain a motion at this time. 19 with the previous Denton development guide. And so 1
20 MR POWEIL• so made. 20 don't wool to confuse you so the matrix isn't includod
21 rot a7GELBRWW: Secood 21 in there.
22 MS SCS ERm is there my discussion? 22 The coompt plan was approved for commercial
23 Seeing none, all in favor please raise your right hand 23 tees with oatain conditions mad those conditions sae on
24 7be motion carries unanimously, 7 to 0. 24 Page 12 of your Staff Report including the height
L 25 Item No. 3, hold a public bcairg sod Page 2 25 rogioranents, arcs req',rircaats, let coverage, floor
PVC 4
3 consider a detailed plan for 5.491 acres located in the l area ratio. building material, and the traffic
2 Planned Development 12 zonin district The property is 2 tests. With the traffic requirements, the
3 located on the south side of Interstate 35, at the 3 applicant will be required to provide funds to the City
4 Corinth city limits and the caw is Z•97.019. 4 for sigoalizatim at State School and 35.
5 And the rules for public hearing will be as 5 Two added conditions that wee on the
6 follows. The Cb&Lr opens the Public Hearin. The stiff 6 approved concept plan, let me first avow you the
7 reads the petition, gives its report, and mattes its 7 approved. This is the portion of the concept plan that
S recommendation. The Petition is granted kn minutes s was approval in 1964. As you can see - well, ply
9 to speak to the petition. persons in favor of the 9 much - as you can ace, 43 acres were approved for
10 PC6600 me each granted five minutes to speak. 10 ootumerclal and shopping.
13 Persons in opposition to the petition we eacb granted I I This portion of the property right bere is
• 12 five mioutes to speai. The Peddooer is allowed eve 12 the subject end that we're talkie about tonight And
13 minutes to speak in rebuttal. The Chair will then close 13 pat of that they slowed the building envelope wbich you
14 the Public Hearin. The staff will presett its final 14 see on your scrap, as well as a tree mass, which you
15 reirnarks. Any speaker may be allowed additional tine to 15 can we inside that building envelope. Two added
16 speak by vote of three membem of the Commission. Each 16 conditions that the City Council ptsoed on this property
17 speaker should concern Naudf or herself with 17 in 1984 woo, one, that five percent of the lot must be
18 presenting new information not giver by preview is landscaped And, two, every effort must be made in
• 19 speakers And Commissioners may ado qu*xm of anyone 19 order topreserve the tree maaa It's diftlcuht to
20 and call on the staff at my time and mry adjourn to 20 understand exactly what that morns. • •
C 21 closed session as allowed by law. 21 These ne 151 tray on that property, on
22 At this time, I will open the Public Hearin U this pertia m prone of property. On Page 11, I've
23 sad ask far comments from staff by Ms Bskman. 23 given you a rundown of wbat the diaaicsc is of Ibe 134
24 MS. NATEMM: wood evming, Madam Chair, 24 tray that the applicant ptoposR to remove. Of the
25 members of the Cammiuion. You have to be patient with IS I M, five we over 24 fiches and then are over 21
Planning sad Uziaj ladies Oatobet 22, 1997 PRA I - Page 4
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1 inches. t Ma rownL 7bank you. Could you tell me
2 What you see tare is everything that is 2 what the new troll arc?
3 in green are existing trees that the applicant plans to 3 M9. BASEMAN: ism sorry'.
4 preserve. Everything that you see in red arc existing 4 MR ro aL would you explain to me Wbst
S trees tat the applicant plans to ttmave. And what you S the new ones are? Are they Odu? Are they hoes? Are
6 see in orange are new tr= that the applicant propose s 6 they Apple tees, what are they?
7 to sect onto the property. What you we here 7 Ms. BATEMAN, Live Oak predominantly.
8 everything that is in green is our protected trees. 3 MR POWEtL Thank You.
9 These ate all eta that are proposed to be removed A 9 MS SOLERTa what size,
1o protected tree is defined as a tree that is ten inches 10 Ms. BATEMAN: Two inch cab*W, I believe,
l1 or larger in diameter measured 12 inch% up from the 11 minimum Some are four inches, some are five.
I2 ground. All those that are in orange are 20 inches or 12 nut. EtKwLmEarr: could you tell us again
13 larger. 1) abort the street yard.
14 1n reviewing the Denton development plan, as 14 Ms. BATEMAN: our landscape and tree
1 s well as the requirements for the ooocept plea, we find is preservation ordinance requires 20 percent of the street
16 that all area are addressed except for this one area 16 yard. Street yard is defined as cvcry0kir i from the
17 and this is what stairs concern is. And I'll be bap?y 17 front of the building towards the street So they've
is to answer any coJw questions. 18 got 20 peramt of tbat as veil as one tree for every
19 M5. SOMTL Pleae make your last oommcat 19 2,500 sgwu feet of street yard So you're looming at
20 ode more time. What is the staffs Concern? 20 19 tress In addition to then, Ohre wat tom added
21 Ms. BATEMAN: 1s tat applicants meeting the 21 moditiom that wore placed an the property with the
22 one criteria or one coa&tion that was placed on the 22 initial zoning. One bang S percent of the entire lot
23 property in 1984 and that was to make every effort to 23 being landscaped, which is met. And then the other
24 preserve the tree mass. 24 being. and I'm quoting it directly from the ordinance,
C 25 M3. SCHFRm on the overhead or whatever 25 every dfart be made to preserve the tree maw.
Page 6 Page 9
1 We're calling the screen, before that had the teas in 1 Ms. SotEaTZ Are that soy other questionO
2 red and orange, would you put that up for just a ftco~ 2 OAS. APPLE-' donna, I notice in your
3 What art the outline tlut is just red Hat's not colored 3 recommendations you ay that the property has to be
4 in? 4 level, I guess not on a hill, and that's what's going
5 MS. BATEMAN: Well, what I have here is this S tomalm it neoesary to remove so many of the trees.
6 is a portion of the applicant's tree inventory that trey 6 But y'an fad tike it's possible to save a oowsiderable
7 conducted out oc the site. And this line right here 7 smourA of these that ore taaA ad in ltd. What wet some
8 aloog the property appears 10 be the property boundary. 8 of y'all's suggestion; or poauble thoughts on bow that
9 They've included some trees that are not included on the 9 could be htroonnplisbodl
10 property and so what I've done is I've outlined them to LO Ms. BATD4AN: wd1, in tooling at - in
1 t let you know that it appears that they plan on removing t I reviewing tsar ooodidon that every effort be made, we
12 dim but I'm not really sure. I don't understand where 12 don't really fact that every effort has truly been made.
13 they're corning from as it doesn't appear to be their 13 1 think we believe dot Ohere are a owtain paeewtW
14 property. 14 or trees that could probably be saved or a certain i
15 Ms. SGHERTZ. Ttcy may be able to addre3a 15 number of trees that the Commission could decide to be
16 it. 1 appreciate that Do we have an overlay -1 16 saved
l7 mean, I guess, underneath all those trots is where the 17 Ms. AP►LE: maybe mat around the perimeter
1s building is and the parking lot Is drat what we're I I of the propaw know wt have
• i9 10oking at? 19 Ott. BATSMAN: Right, light I • •
20 MS. BATEMAN: This is the parking lot right 20 received cotes Gam vdwkc s that have voitahteered
21 alas in here across the front Tats is a poctiow of 21 their services to b4 find a way to preserve tem. So
( 22 Phase 2 and the bug ding layout is right hat. 22 set fad that there is a powtbility to preserve moreud
23 AS. smut 2: Are there any questions from 23 we Just watt toawzz tbs. an effort wee made to find
24 Commissioners at this time, from stafft Commiwiona 24 awe if there was owe.
25 Powell. 23 WS Sp EM. Commhosioner Powell
rianaing sad zoning Mmdq OcWw 22, 1967 S 'Page l3
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Mx POWELL. You say on Page 11, stag does I the Petitioner if they Waild lice 10 spark. Petitioner,
2 not believe that this has been done and this being every 2 plesse elate your name and adidr
3 effort. Why don't you believe every effat has been 3 Mx Rom-m- My name is Jerry Robots. I'm
4 made? What I'm trying to 8d at is bow do you know they 4 With He Associ+tw F*noers in Fart Ward', Teas.s.
s haven't made every effort? s 40M Fossil Crake, Fort Worth, 76137. I represent the
6 Ms BATSMAN: This proposal came before us, 6 applicant, Ford Motor Cm*mY. With me today is a
7 1 believe bade in May, and it was pretty simu7r to What 7 representative of Fad, Mr. 13001ink Sebastiani, and 0190
a you we right naw. And at that time, I informed the a awk s Hamilton of my fun, too.
9 applicant what the ordinance, previous ordineooe stated 9 1 tbdnk the main issue but is whether every
to as far as making an effort to preserve them and some to effort has been made to pteser ro the tress. And I guess
1 t trees were saved or not chosen to be removed 7bose 11 I'd like to my that this is a site that's zoned for
12 went primarily these back in scat in Pbm 2. And no l2 commensal de-vcioparnL Has been zoned for 13 years.
13 further effort I mean, no further - or more trees 13 There's a lot of trees one the site. There's a little
14 wero chosen to be saved. 14 discrepancy, I think we have berAom or nimbers and
is Mx Powf1L• DA became no more tries weer 15 Domne's. We think that rather than 134 that we'll be
16 chosen to be saved doesn't woesssrily man, cut and 16 removing 1 I S. And 1 think probably the difference may
17 dried, that every effort wasn't made. Maybe they made 17 be is that some of those to the east have been counted
la the effort beforehand. Is dr2 possibk? 1 a when they 're off this site and we don't intend to mmove
19 m& BATEMAN. Sure, it's possible. 19 them We can't remove them. Tbey're and an our
20 Mx FowEtL• Thank you. 20 pro".
21 m& ommDw- what will Phase 2 be? 21 But, you know, as fr as reasonable c orts,
22 M. BATEMAN. I'm awry? 22 we did do a vary detailed tree survey. We ooumtod
23 M& ommDtE: Do you know what Phase 2 is to 23 everythin& all trot six Padres in diameter and LwW,
24 be developod as? 24 whereas your tree ordinance talks about a protected trrs
23 MS. BAIT-k"K: No, I bdieve the applicant 25 bang fen Inches. And incidentally, of the troy that
Page 10 Page 12
I could probably address that further, t were listed, aver 20 of them am less am sen Inches.
2 MS. OOURDIE: AEso, on Page 11, it's under 2 We think we made every effort to save mos. We're
3 the water and drainage, it says it's Dc4 aWbable 3 saving every one we can around the perimeter through the
4 because the location of all acts, pools, lakes, flood 4 tae of retaining walls and curb islands that sort of
s plains, and outer water seteation on major drainage s thing. And we're replacing 15 trot.
6 facilities and improvements. It seems 10 rat that 6 There was a pw4ow slide and 1 don't know
7 there's going to be a lot of water shed with all the 7 whether wee an bring that one bank up that sho11 eat the
e concrete, you know, out five saes. How is that not a exhibit from the FD ordinesoe lout there's an important
9 applicable in this situation especially on a sloping 9 point 1 want to make beaux it showed a building
1 10 hill? 10 envelope. Yea Now. you we the atwhatcbed res.
11 M5. GATEMAN; well, the not applicable 11 That's the building envelope. The building has to be
• 12 applies to the residential devekVcocnt, which is right I2 widtia that area sad, ooimcidentatly, d'art's wbae most
13 above that 13 of the tree W606 is, too. So we an't si mplY jUA MOW ~
14 MS. iWRDIE what are they, going to do for 14 the building out and save the trees especially wben we I ~
1 s the water sled and all that good stuff that will be 15 have to hie prkirg., too.
16 happening? 16 Awtba point I'd like to make is on the
17 M. IIATFalAN: I believe probably David 17 wat side of the site there is quite a large ra and if
is Salmon in Eir'gineerirg Could address that fWdtel. I is I can bring an exhibit up here and show you. This
• 19 mean right below that if you'll we provided, they've 19 peen, adur!ly, it's a blue line, is the flood plain • •
J 20 provided the information that David needed or provided 20 Knee and you m see that several of the tied are
21 wake information that owid be addressed fader in the 21 located in tot flood plain. For m to make the ,
C 22 platting star- 22 property Usable, the City ngtutes 1r to fill it tofhe
23 MS. OUVRDe Thank you. 23 bundred yak flood and the very sat of filling will
24 Ms. SCMT2; tf that are no fWdin 24 destroy these trees, 1r11Ktg ova a pat oak tree will
2s gxs6oas. Thank you, Donna, . I would war hike to ask 2s kill it just as Rarely w v0.44 it dolt The odff
Plaattaing sad Zoning Meeting Oetobw 22, Page 9 - Page 12
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1 thing is that you can see there ckarly, there's a blue 1 understand is that on the northwest side of the site,
2 line, & jagged blue line along the west a northwest 2 the long dimeatim there's a 25 foot wide setback
3 side of the sit. 3 there. 77hc problem is that we're under a high line
4 Another issue is that simply moving your 4 asemeat and the can't plant trees in there. The
s curb islands around to fit the tree kcstions, that 5 electric company precludes it because of interference
6 works horizontally but it doesn't work vertically 6 with the poke.
7 because we have 26 fat of fail across this site and we 7 As far as planting been in the back, most
a have io do quit a bit of grading. And again, grading s of the rear of the let is in the Phase 2 area and if
9 will destroy the eras. 9 that ever gets developed, I'd say it might be considered
10 Ant; to conclude, I would just like a say so at that time but we're not presently planning to do so.
11 that I don't ]mow of any ptast'bk way to develop this i 1 Ms, ooilR m what will be back than if
12 sit without removing a substantial cumber of trees. I 12 you-all decide to develop it? What is the contingent
13 guess with that I'd be happy to answer your quatiNm i3 plan for Phase 27
14 Ms.Oot1RDIE: Mr. Roberts, I agree with you 14 MR. ROBFRTS: Is'$ just a future it's a
is wholehheutedhy. There's Do way to develop the trees is possible future expansion. It's not defmite but it
16 will die. We know that for a fact, that these trees 16 could hoppers at some point.
17 can't take any kind of disturbance under six inches. 17 ms. omwa. To place cars back there?
Is MR. ItOBERTS: That's what understand with is mx Rt3om& Yes, it would be additinnal
19 Post Oak trees, yeah. 19 parking.
20 NO. oot.TmM So they're very et mperamMW. 20 MS. oomm But it wouldn't be a workshop.
21 Have you-all considered adding more tree to replace 21 Mgt RODERTS: No structures are planned back
22 other than the 17 or 15 that you will be doing towards 22 there, Just puking. the water
23 the front? My curiosity is because firm the looks of 23 MS. oo17RDW- And also, wheat shout
24 the plan, it looks Iix you have homes on both aides 24 shed of the drainage. I'd hike io know -
2s that are going to be happening there. And a VW" 25 1t. Roems: the site drains entirely to
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1 was brahght up last night at a different meetirhg of city I the northwest and tbae's a lake jug off of the
2 Council about Iighting and one of - the person that 2 northwest corner of the property and a sinble drainage
3 spoke was disappointed that lacers Wood, their tigbling 3 are. An4 excuse me, that we'll drain directly to and
4 Iig"up thw residential area And my concern is is 4 that water, in hum, Sm under Intcrstale 35 to the
5 this V1% to be just another well-lit car lot in wbkh 3 north We've dcoe some WWy3i3 wad we don't feel that
6 the aighbors are going to Nye to be skeping with the 6 we will Bove that this tkvelopn=t will nice the
7 eye patches oa their eye? 7 water surface devadoo of that crock pee bit. It's a
a am RmEk7s: we bad di sahasirw with the a very small area and in comparison to the total draispe
9 seller or the property whoa the lightiq and he had 9 arm 7bank you.
~ 10 aocaw about that, too. And it was decided that at 10 mac D*n2aF-<xT-- w, Roberts, 1 thielc I'm
I 1 the roar of the site weere we border residential 11 on now, rift? All 4%L You bad iadiated *An was
12 property, that the tightiq would be directed awry from 12 a dilfavoce between your count on to trey taken down
• 13 the loss and since they're also rcpresentiq the seller 13 and poaaibly also being saved. I'd like to fret,
14 of the rots, that was a major concern of theirs So 14 VeCifhally, wbat your Count is I don t know ' i
15 we've talked about that sod we've talked above daigrhiq 15 you've read the editorials in ow newspapers roocody
16 the lighting so that it's duectod away from the 16 but 1 an assure you that it Is a critical item and
17 residential lot. 17 dhae will probably be people out that AS you're
Is ass. GOUantE: will there be any attempt to is watq 0=116 those trod coming down.
• 19 put trod or some kind of laodoapiq of a Wwocry 19 ML Roe ER7a on my map, it doesn't show up • •
20 effect back there rot the edighbon? 20 too well, but the hoes to be removed have yellow marks
J 21 Ms. aaera3S: will, we're petting a seem 21 be* the tnolra and you an ace tram scattR
22 wall back thee, a sot foot sc r wall tvhicb 1 22 throgb tone. aight. And what was I
21 understand is not really required but, apK it was 23 sot o4aetsaBc mr the
24 some6ing the seller asked us to do. And as fat r 24 teal eotot, your total coot of the tea on the
25 plantiq addidooai trees, one thing you coved to 25 property because it appears that some of than in that
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1 little wedge are being canted by some and not by others 1 MS. smmT2: i just wanted to make that
2 and you don't plat to do myth.4 with throe. Do you? 2 ekar.
C 3 MX ROBUTS: At present, no. 3 A6t Ftouitm Yeah. The areas that won't be
4 MR. D*ELBRECHT: That's What I thought. SO 4 disturbed are primarily around the lives to be saved.
s you aren't cowling those trees at a117 S We're going to maintain those elevations through
6 MA. ROBERTS: NO. 6 retaining wal1S.
7 MR. FNGEIBRECHT: What's your count Of total 7 Ans. scuitm Think you. Any other
8 trees oo the property in question? 8 questions?
9 MR. ROBERTS: tat me back into that We've 9 MS.OOURDIE: Why did y'all choose this
10 counted 118 that we're removing. And we cant 17 thin io particular location with so much work that sounds like
I1 we saved So that waild be a total or 135. 11 has to be done on it, wiry not opt for the loner
12 MR. ENousa Qrr: Theo you're going to add 12 eievatioo which is quite a bit fla"W1
13 157 13 MR ROBERTS; rd have to let Mr. Sebastianli
14 MA 106ERT& 15. 14 answer that question but 1 would say, generally, that
15 MR FSMARE{NT: Okay, thank you. is there's probably a limited amount of property sealable
16 MS scHmz. Any other questions? 16 along 1-35 corridor that meets the zoning requirements
17 1 have one, Could yxi explain to me the 11 and s0ass and distance to Denton and other criteria
it; reason that we're I just want to make are 1 18 that their site Selectors take into WCOUnt But I'll
19 understand clearly. The reason Thal we're nemovirg so 19 turn it over to him and he can answer that
20 many trees is that because the if we shoot grades, 20 MS. scHFRTY: I believe we aright lave one
2 t the elevation is such that it's not even at all. We've 21 more question, sv. Sony, 1 can't let you 20 yet
n got a lot of different elevations out there. And so 22 MX E NGELDRECHT: I just wanted to know
23 your thought is that when you go in and you build, 23 whether y'all Were aware of the very recent public
24 miter than work with dim ek-vatloo% it's more 24 outcry that's gone 00 SS a rash of simt7ar action just
C 25 coooon*4 to go in and flatten the area and then build 25 up the road, just south of your tocsins and across the
Page Is Page 20
1 up your retaining wath around it? 1 street?
2 Ma. RO8FRT3: Well, we have to have 2 MR. ROBF.RTS: We're aware of it I don't
3 usable, we have to have a usable parking lot. And whet 3 know that I know all the details, but I'll tell you
4 that means is than we want to we don't want slopes 4 we're not In any way involved with it
S grata than 6 percent or six fed per 100 fol. So s MIL 040E ARECHr: Well,1 don't think that's
6 Ohm are areas on the site that slope more than thN. 6 important 1 think it is important that you aria
7 7be other thing is is that our building, 7 yourself with the knowledge Of what's 9000 00 these in
s obviously, l» to be flat so user's quite a Wr s berms of public ir&l at Forcwwned is forearmed
9 building. 1 don't know bow wide it is but 1 thlaIr it's 9 MR ROBERTS: Thank you.
10 over 100 feet wide and wvaal hundred fed tong. And 10 mit. MORENC> Air. Roberts, getting back to
I1 that's a flat area and because the slope it's on the I I the question of efforts made 60 prCSMV the tines, I
12 side of the bill, one end of the building is going to be 12 believe Ma Bateman indicated that this is basically the
13 excavated and the other cod will be filled. 13 same plan that was brought to the City back in May, I
14 And them the other thing it that we have a 14 think Of early this spring a 6=10Cr. I geese MY
15 flood plain on the northwest side that we lave to bring 15 question is have you made any effort 10 move the
16 up to at leas the hulked yew elevation per your sty 16 footprint of the builds" n all to try 10 save
17 ordinances. And so dose things combined men that, you 17 additional troea or it that just not practical?
• is know, we're going to be excavating in some area,, I is Mm ltouxTs: Well, we're rot we don't
19 think maybe, four or five fed in some ants and filling 19 have a lot of Istitude to more fat but'1ding became the • •
20 in other. 7be exi , , north corner along 1.35,1 think 20 btWd rg envelope that we Showed on shat psevias slide
2t we're going to be filling about ten fed there In a 2l that was fle.sM" area, that's 130 fat frost the
C 22 real l sea 22 ptopn ty Iiae, ft norfhwlat property live, And we're
23 Ms. scenes so basically. that's ant much 23 about as close to that as we can get light now. I think
24 ground that's not 8*4 to be disturbed out there? 24 we brie jtat s few fret 10tiparr• So we an 't now the
25 Ma ROSERTS: No. No, there's not 25 building say atlas in that &mctior.' And if we trove it
Planning and Zoming Meetift October 22; 1997 Page 17 - Page 20
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Coudesseurd 1 too far in the otter direction, you an we we're sill 1 25 percent of the trey am located thee. And who
2 - you have to move it a peat deal before you as get 2 the flood plain is it's a great *061Y or the trey
3 it out of any tree mssaea 3 are there, too.
4 ML MOMO If you move them the other 4 Ma OOtlPn4e t understand that and E would
S direction you're also getting closer to the tesidmces, s hate - wbaa hurts me moat is when 1 ate construction
6 aren't you? 6 happen. They kave the trees mod three years later
7 MP. Poe ems: ,bat's r*a and closer to the 7 they're dead bearse they couldn't handle the
1 property line and that creates ate dro add 5 oanstrucfm So I prefer the trees to be gone and dim
9 prop{ems, So there's ready not march latitude we have 9 put new noes in piwe whaever it's pomble.
10 with this building. I mean anywbae we move it. 1 10 Met sF.aASnkn we could ArMeS allY
I t think we're going to be taking out about the sane number 11 look home additional ono within the parking 10L
12 of tees 12 Ms ootrPDm That would make my heat very
t i MP, MOP S(> 7bank you. 13 happy if y'all would do that for us.
14 mx PoER'iSr 'flank you 14 MIL SEBMTIANI: If you limit it to
Is Mx SC74 T& Thank you for your time. 13 something -,Am also have to operate and seU tars and
16 Would aaotter repmesentative of the Pbti&w tdw to 16 pay sake to for you.
17 speak at this time? Would you please give your name and 17 MS aoLMDM we appreciate that. Thank
is address. 16 you
19 M0. sEBASTw;L• My tame is Dominic 19 Ma sanTL Any otha questioas? Seeing
20 Sete tiouL I'm with Ford Motor Company, Dearborn. 20 none, we appreciate your time this evening, sir.
21 Michigan. And I-m hue to bopdWly answer any 21 MIL SMASnAMr AN* You.
22 questions that you might have regardmg this. 22 M& stamTZ: Anyone doe to speak in favor
23 MS. Gomm t was - it was my questwa 23 of the pe itice? Anyone else to speak in favor? Anyone
24 that I'd like to have answered 1 eras just woodaing 24 to qVA in opposition? Yee, would you address tbm
25 why you douse this putkutw location 00 top Of a hall 25 podium and please give us your woe asd addrm
C Page 22 Page 24
t which is highly trod with Post Oaks which we doe I M& tJ TKL. vi, my tame is Nancy Usti& 1
2 here. 2 hive in Shady Shores, Teaas. Ori&&UY a native 01
3 ML SEaAST1Ara, First, we cboee it b cruse 3 Michigan Familiar with the w0nd0fal Cr =rrJd
4 we want to be in Dootoo. We happen to thin[ this is a 4 Vdlap of the Ford Company.
s beautiful city and aRrs us good markdirg situations S M& se4Et7v And your addrea7
6 and it's dictated by &Aar,= from other deslerships 6 M5. LmrcL. ON 104 Fist Burn Terrace,
7 std we wand have some flexibility but this was the 7 Shady Sbae+. Twee I'm ad used to speaking in front
1 property that was available. We thought of buying it, 1 of groups. I'm a member of the I.alre Cities Historic
9 Ms. 00UPD4F_ DCUg from M'Wb m where we 9 Tree Coalition whicb was farmed just in the last couple
io know the have we drains; red and golden and beautiful 10 of web in &red response to the Hill fhter Ford site,
I t up these wWa must be gory0ouu. I'm woo6w4 would 1I I had spobm with Mr. Utter before he began
• 12 you be wig ling to add more trees to the froorage rood to 12 owstnxtion and, obviously, net soon aoougb and bad
13 help ere, to pacify the Denton residents who are going 1) suggMcd w him that be try a new approach and perhaps
14 to toe their lord hats graven. 14 be an innovM ve leader be=% these arc orbs ways to 13 Mrs SEBAS ten if it's posu'ble, we're is build And I a welted Iaracrrg
and having a bmAiful
16 willing to. 16 arboretum ar park type of thing and using those tree
17 MS. t70UPDtL, woe_'d ycU offer that a m 17 to his great advantage. tie would be &tfacnt than a
11 option to the City? 11 let of the busieea pnopk today to try a new approach v
• 19 MP- SE&kS Lk,k if 1 may jug elaborate a 19 because I think it om be done. •
20 little bit It you'll hook at that ur1ehcpment, I think 20 1 know that you're aware of ghobd wwmirg.
21 we made a treattodms effort to nave and, by the way, 21 Pteaidwt C2insoa today is walking of the United Stales
22 ban from Munk jgat, I jug am back from New l:rglaod 22 becoming a keder for dot 46M 1 think it's a tSitieal
C
23 and ]loco madly what you're ullo,g about. We rid 23 time for car aia W make a decision of how they're
24 try to am a good majority, of those pea but if you 24 ping to F. We an eitber kook It'loe down 1.35 further
25 look at it, whae the btnldiM sits that's at lag 25 down or we eta retain as *psych as poadbke. And I know
Flanning tied Zot ft ltattetia• Oatoba r2.199'1 r~ Far 21 . Page 24
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1 that dcvdopmrnt is going to h"Call but 1 think it an 1 of those photographs for their records?
2 be done in a diffatmt way. 2 M5. Usitctt: troll I would
3 One of the wo &rU things that bappened 3 MA ENCOARSr2rr: Copkes of them is the
4 was in talking to people, we found a Cadillac dalership 4 future?
5 who bad kept hundreds of [roes. I have picti I as 5 Ms. usTttx: Yee.
6 pass amtmd. Two men happened to say, well, you know, 6 Mz MUM REM We would apprceiate it if
7 that's a Cadillac dalaship in Sao Antonio and he's 7 you would we Mr. Hill behind you before you leave
8 got a lot of trees So 1 alkd sad we Sot in contact 8 tank[ and we would like to have some of those on file.
9 with than and 1 flew down to visit. He's got - his 9 Thank you.
10 place is a gorgeous plane and all of his cars we under 10 MR MOAENC • Question. Did you say that
I I trees, Of couraw, we askwd the question, wetI, what 1 l this was a car dealer in Son Antonio that was prcwr#*
13 about the true cap and the bird'a rid thirW [ilea 12 all thaw trees?
13 that He said that's what we have a cirwash for. You 13 MS usTiaL- Yea, a Cadillac dealership.
14 know, what's the difference betwan sum damage and duo 14 MR woiteo cmdill.c dealership. I may
15 damage as opposod to a little true sap. He said, it's t 5 have occnsion to be in Sao Antonio this weekeod Do you
l6 not a big dal. The person who dcdpod this for him 16 bare that sddrcts?
t7 bWpws to be here is Dallas. His name is Alan Holman 17 Ms. Salim: Yes, I do. It's Ken Bachelor
I s sad 1 hive been In contact with him. He deals 18 CaddiLac. It's on I-10 Wad aa4 1 want to say, Hubert
19 specifically with car dalera and I do spologim, W. 39 Hdk-B•E-R-T, something lice that And Km Bachelor is
20 Roberta, for not getting in owtact with you sooner. 20 very kind and they have probably a two or throe hundred
21 I'm behind --vAAdrtg from behind here. But he said be 21 year old tree that's about four fat from their bi4
22 would be glad to come up and speak with any of the 22 front ptW glws window. They have a paesum family ion
23 dmk r*jps and give than some ideas. And he'd be glad 23 thee. You kww, he's very proud of that
24 to talk to thero. If they didn't like him, they could 24 slit. moltaro Hare they done any other
25 frc bin Ik said be works by the bear. 25 laodsaping in addition to saving the troa?
Page 26 Page 28
1 But, anyway, here is an esampke of how it 1 m& t15T)m Pardon me?
2 an work And you could do tars" and have big, you 2 mil. MoRa4o what else did they do in tams
3 know, have nod I know some trees wdll have to come 3 of landscaping besides am the trees?
4 down, but what we'm saying is that is a diffaeat way. 4 MS. Us m. Tbey - I'm sure they have
3 Presbyterian Hospital in Dsllm we've had 5 novas and different things but mostly it's like a
6 some help from the Dallas Historic Tree Coalition. They 6 giant park. As 1 say. I'x only boa down that twice
7 wore putting in a power plant. I think, maybe, a lot of 7 and so I did not irgrire into that
8 you are familiar with that They were told to cut down 8 Ma. wustE + , Thank you.
9 118 troy and some of the people said, no, that's a 9 M& APtLE: I was w ondaiug do you know
10 difYatnl way. What they ended up - they saved to about the eompwism sim of scrape of the dalesbip
11 $500.000.00 in the oat of the power plant and they 11 is Sera Antonio compared to this one?
12 saved two-thirds of the trtu. So it as be done. If 12 ms. twm- is this five aced The lot
13 peopk would just be a leader and take a different look 13 down that is ten and a half saes as compared to Bill
14 at it. 14 Uttes twelve nod a half aces.
1s I hope Mr. Roberts, I can challenge you and 15 ms ApnL- we'tc net addressing Bill '
16 the Font Company to be that leader. We ve bcea looking 16 Utter's though rgkt now.
17 for saneooe who will do it in a positive way. 17 MS Lmicit: t know. I'm sorry.
1I So snyway, I have more pictures, more l8 Ms. AmE Thank you Do you know what the
• 19 information. 1 think tlrt's abort all I hex to say 19 lay of the Land was? War they facia; the satire
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20 obstacles that thaw re facing as for as
20 now. But, you know, that 4 a chador. ' Kin
! 21 M8.8ClMM All right. Thank you for your 21 fta* In a flood plain sod building pLnwmt?
f\ 22 time. Right now we'd like to r+dnew some questions. 22 w [snot: 16o not know that
23 Commissions Eagdhec t. 23 specifically. I can't answer that I'm sorry. 1 wound
N mR. PNGEI91 cHT: i would Just asst would you 24 hive done more homework if I'd known 1 wr going to be
25 be willing to provide: the P with some 25 hat livaigbt
Planning Sad Zoniog Moetiq October A 1997. ' .y Pact; 25 - Page 28
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1 Ms. scram- Any other qumtioes7 Would 1 i at smmnAKr sy coincidermoe I happen to
2 anyone like to kook, cols a close* *(the pictures sad 2 know the dealership that the lady referred to that's
3 walls down that or ate we satisfied? 3 located in Son Antonio, Texas. The name of the
4 M0. b ORFNO~ Can we gel a closer took 4 dataahip is Bachelor Cadillac. The only thing, sir,
S somr3m W? 3 that the dealership there is almoat perfoctly flat, So
6 Ms. soa<<Rra I didn't know if we v=icd to 6 wben tbey were developing the dealership, the trees were
7 walk down there or what would be cesiest7 If the 7 sadly shed. It does lock good and if we if
6 audience will extend some pstieoce while we review this, s somebody = tell me exactly what trot we could save
9 I'd appreciate it 9 otter clue what we show then, we'll be glad to do it
10 Ms. GA. C&tE . Ma'am, could you Came bade up 10 But if you motioe, most of t'Y troy are located within
l1 here for just a minute? Can you tell us your name, I I the building envelope, within the flood plain, and the
12 again? 12 driveways, and, to mr, it's almost impossible to save
13 m& usnm ob, yes. Nancy Ustick, 13 more tbm vha. we have. And as I told Elinbelk we'll
14 U•S•T-1C•K 14 be glad to add same more U= in the arms that we can
15 MS. GAxzEL Do you know how long this 15 do it after won grade the Site.
16 dealership has been in San Antonio as it is an 16 ms sc ium. All rigbL I have a coupk of
I Y established dedcrihip? 17 gw-!Aons while you're here to help clarify for the
Is MS.11Snm. Yea, l believe it is. I b eradicate and people that will be reading about this in
19 M5. GANZEK Have they been at this location 19 the newspaper Talk to us about hew you determine what
20 very long? 20 size buildirg. Beaux one of the things you could do
21 Ms. Usncrc. i believe it's 17 years. And 21 ter, of course, reduce the sin in your building. So
22 so that was very progressive of him 17 years ago. But 22 could you talk to in about how you arrived at what side
23 the two are, you know, 200 years old so they were 23 and justify that for jug a little bit, plat, dr.
24 Urr then. 24 Mx SE kmwt: The size and land that we
C 25 MS. GANIFR you know if they weT in 25 pwchond when we built this facility, ma'am, is based
Page 30 Page 32
1 business anywhlem else in San Antonio before that? 1 on the amial asks that we project for the
2 M. Us7') No, I'm sorry, I don't know. 2 dealership. 'This particular one slwuld sell between 450
3 MS. GAMER: That's fine. 3 to 500 can a year. 'ibis is new sutamob{ks. In
4 NO. UST ICK I can give you his phone number 4 addition to that, of course, used tin. And, that 1
3 if you'd like to speak with hits And, also, Alan s cannot tell you beeau,e that depends on the
6 Holman. 6 dcaknhip. And basal on the uumber of twits that the
7 W. SCHERU: Any Other Questions? Seeing 7 dealership hells, we determine the size of the
s none, I appreciate your tits this evening. ?hank you. a building. Ibis is roughly about 20,000 square fact
9 &G. USTICK Thank you. 9 tat. SCHERTZ I appreciate that I just
10 Ms. saiERTZ There's boom a request made 10 though the darTkatiom would be helpful. Arc these
l1 from the sudienoe if the Commissioners could speak I1 any franchise requireraede that yon dealership creeds to
12 directly into the microphone. Some of the pocnk out in 12 require? Is there anything else that came into play in
13 the audience are not able to bear us this evening. So 13 making these decirians't
14 if we oou ld make a little bit more effort to talk into .4 mx. stags oar well, the train decision, i
15 the rnkropbone. 15 ma'aa>, is to be able to satisfy the customers a when
16 M. GANLER If sit could ask that people l6 ygy Dome over sad bury a Lbooln Movury product. yea's} '
17 speak bett;-r into the microplax up here, too. I'm just 17 do it agedy ma'am, year after year.
19 straining. 1 probably bok hike I'm mad up ham, but Is Ms, satEATz rm driving one now. So f
19 I'm strain* because 1 can't hear. l9 appreciate that Are there any other questions of the
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20 Ms. scHFATZ: Thank you. We tare some now 20 pditioow st this time? Seeing twine, we certainly
C 21 equipment and vve :'o almost through with the burgs, Wt4 21 appreciate your time this *vai* Thank you
22 not quite. Is there anyone else to speak in opposition? 22 Ma. sr sAsTiA.m: Thtanlc you.
23 Anyone else to speak in opposition? At this time we'd 23 Ms sla m- At this time, I'd litre to
24 lute the PC660M to speak if he has any htrther 24 close the public hmring and ask staff for their rural
25 comments. Thank you. 125 remarks.
Vaening wad 7.oni12g Mwdq OCWW 22,1997 I Page 29 - Page 32
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1 MS. BATEMAN: As stated, we'd lice to we 1 yes- That we rally didn't haw a whole lot of choice
2 that every effort be made to preserve the trees and 2 if all the requirements were actually net Can you help
C 3 we've kind of - in order to help give you son e 3 me out there?
4 guidelines on what it is that some options tt at you 4 MS. BATEMAN: On Page B, is an error on my
s might Warn to look at, since we've kind of left it open s part It should have said consider recommending or
6 to you. One option may be to to request that 25 6 consider making a recommendation for a detailed plan.
7 percent of the trees be preserved. This would 0e 37, 7 As far as a given that it should be approved if all the
8 approximately 37 trey, 20 trees mere than what they s criteria are met, yea, but that's kind of subjective at
9 currently have proposed. 80 percent of them t) be 9 the same time in the fact that if you'll look on Page
to protected trees. Or another option could be so save 40 10 10, Items 1 through 13 we all required items for a
l1 trove with 30 of them being protected trees. 1 mean, I I detailed plan. And, for the mo6t part, staffs continents
12 that 25 percent amounts to just about 40 trees. But 12 are provided, that they are provided for, to the
t3 those are just some kind of guidelim that we'd like to 13 satisfaction of the ordinance, of the previous or&wnce
14 toe. 14 exogA for one or two areas that we do not feel have
15 1 know we looked at the plans u1d felt these 15 been completely provided for.
16 were some existing islands even possibly, that, you 16 M& POWEU rm going to jump to another
17 know, a trop or two could be preserved and that is 17 conclusion here and it's not one or two, it's only the
is staffs recommendation. Is one?
19 M. SCHERT2 Any questions of staff? 19 Ms. BATE m: well, further explanation
20 Commissioner Powell. 20 should be given. I'd put it that way. Okay. I meal
21 MA. POWELL, rm assuming and 1 may be 21. and alw on number four. a lot of times especially
22 assuming wrong and that can get me in a lot of trouble 22 number four, that the streets, allays, parking lots,
23 I've found up here. That if it wasn't for the "ement 23 panting spaces are taken cm of. The subdivision
24 that staff does not believe this has been done, w- 24 regulations require two-lame traffic to be 24 foot wide
L 25 wouldn't even haw to vote on this, would we or would 25 in interior parking lots. You can deviate from that in
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I we? 1 a planned development or request s variance if you're in
2 M& eAT&mAM: Yes, you sun would This's 2 straight zontng. They're wanting to do 20 fat instead
3 a detailed plan. A concept plan bas already boa 3 of the enquired 24, we rally don't bane a probkm with
4 approved. 4 it but it's still to Id you kww, tads is kind or lice
3 MR. POWEtL• W if the detailed plan and 5 as3xvg for a variant. If you approve the detailed
6 all the specifications 6 plan, they don't trove to WhJalIy 60 ■ variance prooeat
7 MS RATuAhx: You would still have to i ore 7 because you've approved the detailed plan which, in
b on it What you are making a rWornaemdation to the s enenoe, gives them that variance.
9 Council with is you detailed site plan that's in your 9 601. atKEx! Let me clarify something for
10 backup. Well, right, this detailed site plan. Trnis is 10 you The reason this is kind of unusual, usually when
I l the this is exactly what you're making the I l you ad a five we rezoning case Wane in, it comes into
• 12 rocommendatim to City Council with And .ncludrd on 12 you as a detailed plan usually from the first If
13 there as a eanditiom or a requirement to be povided on I3 you'll recall this was a multi-sae, 40 ace, some type
14 a detailed plan are trees and Iancacaping flat bas to be 14 of project like that If you start with a semenl f
15 addressed. So you'll we you we that the trans that 15 concept plat, that's pre iminary zoning, but you lave to
16 we on there what's removed or wbat's prorosed to be 16 come back then with a development plan or a detailed
17 removed, wbat's going to exist as well as tow the 17 pba If you come back witb a development plan, then
18 existing conditions on the property ate goirg to be met is the detailed plan can be approved by you rathout g
19 MIt. rowEIL I guess *bat arced me to 06A 19 to Council. But if you skip the development plan
20 that way was the action on Page 8. It says resider 20 pmoaw then you bare to come back with a detailed pin •
C 21 approval. It doesn't say coecdrr reoommeodatioa So 1 21 that goes to you and Council.
22 assumed thus this was the rat stop here, VW they 22 Tbat's on of the kind of things,
23 didn't have go to Council and 1 also assumed, and I know 23 Coatmis"m Powell, I thine, a we work through over
24 assuming gds me in trouble weekly has, that if tbey 24 the next year of Mv, trying to streamline, it Is a very
25 ond all the requirements that we vvve oblig§W to vote 25 ConUft prooesa !lftlLead to work on that. But the
sTlsaaiag an/ Zoning Meetiog October 22, 1997 ,3 n Page 33 - Page 36
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1 problem right aav is the detailed plan will need to to 1 tract. I mean. If staff knows something we don't know
2 through lots steps, but more importantly, the problem 2 because right now we have you saying that, perhaps, drcy
3 that staff has in the recommendation is becia on the 3 haven't made every effort and tbey'rc saying they have.
4 oarecpt plan, the Council put in there as a Condition of 4 mx H r . W. Powell, I think tbst the
S the zoning that the tree mass be preserved u much as S thing that we're trying to say is that, as staff, we'M
6 passible. 7bat's why we couldn't just say recommend 6 suppose to make some observations
7 approval wbeo we saw that that many lives were lost. 7 Ma, POWEtL• I tmderstrtd.
g Their explanation may be sufficient to you, it may be g Met HILL: Now, the thing that we saw was a
9 sufficient to the Corned, but just the dwr in 9 substantial number of trees would be removed. That does
10 numbers Is always a little nervous when you go from 134 10 not soem to be in congruence with the Council
I l or whatever trees to just 20. I I recommendation. We are also, and I'm dealing with
I2 So it is an unusual process so 1 an 12 moDn -band information because I did not attend Doc
13 understand low you'd be confined, but I didn't want to 13 Icy urdasturdvog of the situation is flat there hasn't
14 - I was hoping 1 could clarify it a Little. 14 been a whole lot of effort to try to change the way that
15 MR POwn r . You helped me a great deal, 15 the site design was originally submitted So it was
16 tdr. Another question 1 would have dren, is if someone 16 buially a decision to say we're going with it the way
17 were to make a motion to recommend Chia to the Council, 17 it is.
is we would need to put in that mcdoa souse rcfcm= to IA Now, if there was an effort to perbaps
19 number four has. As you say is the last sentence of 19 emerge the layout or the site design, then I think it's
20 number four, while this is still axeptabk to staff, it 20 fairly easy to say that at DAC - you know, If they'd
21 should be noted to the Commission. Dca that mean slut 21 come in with a couple of d fleraot layouts and said,
22 we should note it to the City Council slso or just the n bey, there's just ao way it's going to work, we would
23 fad it's here? 23 report that to'-cu. But that's not what happened So
24 WM sATSoIAN: If it's on the dens" plan N we do ad p.r4eod to be experts at site design and that
25 that you approve, then it wr,,nd go on t.; Council with 21 is why we're net going to make decisions about whether
( Page 39 Page 40
1 that information, t or net we can design it better.
2 h1A PowELL: one more question, I always say 2 Mel eowEU: I usdavAnd and I don't
3 that, one more question. CA :ring back to my question to 3 suggest you arc. but the point I'm getting at is that we
4 you earlier, what evidence don staff have that they 4 bave to make a decision as wt we it for the betterment
S haven't made every available effort, or whatever the s of the City, I wvxtld assume And wt also have to make a
5 wording is, made every effort? Is there anything you 6 dxWoo based on the law at hared, or at taut u we
7 can present to that would indicate that they really 7 understand it at land, and I'm kind of betwi t and
9 haven't? Is there any kind of evidence at all? s between a rock mod a hard piece, as they say in Texas.
9 M5. BATEM M: Well, I believer Mr. Bucek 9 Because we have some honorable people out that saying
1 o pretty much explained it, is that, you know, this is a 10 that tncy've Code Crory effort We have some honor"
I I condition that was placed on the property by a previous I I staff member s saying doesn't look to them like they've
• 12 Council that every effort be made. And when you're 12 made every effort and I understand both aides of the
13 looking at 17 trees or 20 trees ofd of 130 or 150, 13 isare. At last I think I do. 1 just don't know wbese
14 that's a substantial number. 14 to go with it. Get my point? And there may net be a
15 And, as far an the design, we're not going 15 black and white here. It may be shades of goy and vm
16 to tell them how to design it to snake it possible to 16 m@.Yb"e to live with it up sera.
17 preserve more trees. We just, you know, can look at it 17 MX MLL. Let me give you a Couple of
1 a and say, you 1Lnow, theta ate uu:as where trees could be is examples just to la you know how the rock abort this. -
• 19 pnscrved and more substmdal then what's already, you l9 We had PD-9o, okxy, that wu a difficulty what and • •
20 know. king proposed and, you know. in that aspect 20 this is a coy good pw%M to m9o, quite frankly,
J 21 mx Powm-- well, I guess fat I'm saying . 21 wboe a conoept plan was approved by a previous Council
22 then, does staff have the expertise in designing for Car - 22 nearly sea yeam ago or rnort. The rnniag wa acnally
23 sales, Lincoln-Mercury, spaifacally, of this style and ` 23 put in plena and vessed with the property mod then acme
24 size and type so say thW they could put this facility 24 of the cooditiaos slat snot Pith it wake not as elear a
25 on that lot, that puticulu IA and am any more 25 we'd hate them to be.• - .
Planning atstd Zoning Meeting Odober 22, Paige 37 - Page 40
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I And 1 can also think of trying to deal with I project. 1 have a lot of years a construction
2 a concrete batch plant where it talked about entratsa 2 experience and I would consider to try to move this
C 3 ways and it says you'll deal with the following issues, 3 footprint wvxA to be very expensive and 1 would aswune
4 and it just says landscaping. And, you know, it doesn't 4 that we're talking here, if it's okay, Fro just kind of
5 give any kind of performance standards. It just nudes 5 thinking out loud here which is part of the process, l
6 some topics. And it puts everybody in a difficult 6 guess. It would seem to me that if they were going to
7 position. Okay? So this is another good example. It's 7 build a fsd7ity for those or 450 or 300 can, they'd
a the"of thing, 1 think, vm have to correct in our a lave it on Dallas Drive. Ibey wouldn't fuddle with
9 zoning ordinances. It's not fair to the developer, it's 9 this. 7bey wouldn't buy this land and they wouldn't go
10 not fair to staff trying to interpret it, and you folks io to all Ibis expanse br atnc they already have a facility
k 1 are having to, you know, kind of fight your way out of 1 t that looks pretty food sad it's right next to the
12 papa bag right now, as well. So I understand where 12 interstate, maybe sot rigN on, but ckw. So I would
13 you're corning. I think you're right You do have io 13 assume that they'n nee going to build anytkting.
14 interpret. 14 Assuming will get me in trouble, but a reasonable
15 MIt. POWELL• if I could ask the lawyer one is approach would be that they're not Ong to build
16 more quesiioo, one more question. Would it be legal or 16 anything it they can't meet the criteria fix the cost of
17 would it be the thing to do to ask the developer here to 17 the land, the building dntctum end up their ►sles
16 put into this plan or into writing or into the arced, is from their existing faahity.
19 probably, that he would put, we'll use a hypothetical 19 I don't think it woild be an unraso noble
20 number, ten mote additional new trees into this project 2o thing rhea far this C=nissioo to come to a eonduvlon
21 Is that something we can do without overstepping our 21 if we decide to txommerd this to Camcil that we e k
22 bounds? 22 them to add Some more hoer of the apecifte caliber sad
23 t43L DwEK. Fxwdy. You can add conditions 23 1 would ask staff to bdp us with that be= I don't
24 to this project and so one of your - you oouid say 1 24 have the expertise there. 7bank you for beipiag me
25 approve the dcWkd plan with one stipulation that ten 25 think it though.
Page 42 Page 44
1 trees of a certain size be added to the detailed play I Ms. scum ms. Ba4'maet, I bave a couple
2 In some p1wes you see it, Commissioner Powell, whac 2 of questio m Ate you aware of any meetings that took
3 they'll even say wbat side of the property you want them 3 place betwaa staff sod the architeda that designed
4 on. 7bey can get very detaikd. 7be more graved, the 4 this or any landscape architect? Was any effort trade
5 betta off you an. s from their company with "IT to sit down and from a
6 I drink the problem that we have as we work 6 landscape, because I know there's landscape architects,
7 thrutgh this is you neod to understand the race of 7 to talk about preservation of the trues?
a zoning is out nooessardy always looking out for a fair a Ms. EATVAAM I at down with the engineer
9 soiutiom I think you're working on a wtcept that i3 9 and some individuals from the Ford Company prior to May
to very comrrrendable of fairness. Understand that zoning 10 and kind of gave them copies of the ordinance. I know
i I doesn't moo you get to use the property in th best way 11 they've had madir4m not within the City. nxir
. 12 and the most economical way. I think what kappena with 12 applicant or representative that I've been spa" with
13 this floor plan, this is very economical for Ford dolor 13 bas toad me of meetings that they've bad I'm tout I
L4 Company but they may be abk to sell 300 an a year 14 don't
ls instead of 450 and have a smaller building. 7bat'S the is ms. scHExTz. meetings with who? I'm sorry. '
16 push that goes on with zonbW And so the mooept Ile ms. aAToAAN: with the Ford Company sa well
17 you're worrying you're having to work with is, I 17 sS some desip poast'bilitia. I don't know for sure.
me
it think, they've presented an exodleat plan for you here 19 71tet's just based on inforavtion the was given to
• t9 with the bed economical use of the property. But you 19 ws. scmT7. All right I have one otber
20 have the right sod you're making your derision is maybe 20 question. I'm going to gU back to the architect On • •
21 not quite as ccooomfal and maybe one of the things that 2l aim of trees, talk to us about some guidelines that.we
22 don that is by adding tees. It may be mere oxtty but U might use. I'm going to talk from a personal opinion
1 23 that may be the balm= you need. 23 bore but two inch, when we're taring down some rally
24 Drat POwEIL- PaWoolly, I wouldn't omaider 24 lame aka trees, and the two inch whm you hyok uo asst
25 the cod of mote troy to be a major part of the 25 down the Woway aren't am'&$ attractive as the six
Flaming and Zoaing Moatift October 22, 1997 q Page 41 - Page 44
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I inch or somcU ng 1 know we're talking about cast. 1 and dawn is that we sot some of the tras that we're
2 And I know we don't want to be unfair but is them come 2 wed to seeing. And I'm just going to throw that out
3 happy medium? Is there some pricing strw'Ore or amply 3 and 1 don't cm know if she's possible. '[Cat's one of
4 guidelines that we have as replaced tines so we always 4 the questions I want to ask the Petitioner is if we said
s save two inch eras or Wby is it that staff always comes s so much mote, like we, you know, say 23 more trees but
6 back to us with well, td's replace tram and td's make 6 wC don't say whom, and then we say t peramtage of it,
7 them two inches? 7 if possible, we'd like to see at the front, you Imow,
s M& BA7tmw: our landscape m*nmx s are we getting close to a cacrpmenise that we all can
9 requires a minimum of two inch caliber on trots the are 9 live with? We don't want to be too restrictive but we
10 nogakmd Within the shed yard. 10 do want some thoughts beaux I like Commissioner
I I M5. SCHEurL that's just a m ninn+.n I I Gouudie's As of viuay acing some trees sad U we
12 M& BATSMAN: When. spplianU we ro?$red 12 hide them lhrcushout the project, wC won't unkss you're
13 to moot their 20 peromt landscaping their trots are 13 thee.
14 two Inch minimum, caliber. And I gutss that would be my 14 Mx DOC+- 9 asCHT: Judi a point I'd like to
is foe, also, I could wily say minimum two inches. If is make if we're talking about 131 trines 00 this tile, it
l6 you want to g0 large than that, you know, it's 16 would take 13 eras to make 10 percent. As I have this,
17 definitely - staff would have no problem with that. 17 from the staff mWerial, as 1 as it, they have, right
is cats. satire Well,I guest k bave a problem is cow, they're saving - there is 151. 'They're saving 11
19 just simply boanx 1 don't know the cot of mm And S9 and putting in 15 - somewhere a little over 20 Pavan
2u I don't know. I don't want to be unfair to the 20 is what's going to be left. U we add Ion, %C'M not
21 developer. 21 quite to 30 peacoat yet Just a a point of -since
22 All right. Do we have any more questions? 22 the cumrber's Does thmw'm around.
23 I hart ow more question for the Peition r, Do we lave 23 M& sCttemz Tb M Any move questions
24 any more questions of staff at this time? 24 of sufi4 COMM460net Gmrdie
25 uk moRD O Ms. Bateman, you've suggested 25 MS o0tla m Does it have to be a live Oak?
C Page 46 Page 46
1 that we may want to consider, I Wails you said saving i Can it - whet is oonsideed a replaoctnerg trot
2 additional tree, maybe 25 percent of the trees or 37 2 according to our ordinance?
3 blocs. Mr. Powell has suggested we may want to add some 3 MI. SAITMAN: our ordinance is mhnimumz two
4 additional trees and we're talking whether they're two 4 inch CWM.
s inch or four inch cobber, or whatever it may be. But s MS o0tlanle R doesn't matter what kind of
6 wbee are theca going to be put? Are win aggestimmg scam 6 trot? 7bem's mt a q mcifics6on as to a Uve Oak
7 islands? Are we susW91rg dongimg the footprtat of 7 gVosed to other trace?
a the building? Wbee are we going to put these bees? s Ms. BATEMW. We have a tin list as far as
9 Ms RATEMAX If you'll 10ak along your Site 9 it has to be native. We lave a Iarye fist of plants and
1 IO Plan, I mean, there arm islands. Them we, you know, 10 taw that we scoeptable.
t i there is the edge of the property tine. I I s& ooLwm, And therm would be a way to
12 Ms. SCTmm. 1 was jut going to insert I 12 work with staff to vrbae they're building wouldn't be
• i 3 think Mr. Buck reminded us that the lose natrictiye, 13 covered up, but. Set, it would be coo* aroaid it so
14 the letter. ?Cat if we eon just simply say we Want to 14 that people would still we the buildup but yet fed as
15 sot mac tress thin we an do that and win can be l3 though Would that be abk 10 work or should we just
j 16 specific. Bet to start telling bim wbe; to put them 16 - I don't know wM I'm trying w ray. I want the
t7 isn't realty fair sad those restrictions may or may not i? trect 1 Want the bmldmg to show and I'm just trying
is be able to be met f s to figwe mt, is it poaibk to do. _
• l9 And then I want to adtrea what Commissioner 19 Ms. sATFMAN: R's a design issue. R t. • •
J 20 what Elizabeth Gauche was talkdrg about putting them 20 it's a deirp knave.
21 at the front because we have a lot of community that is 21 141 GAmm Oambet4 l think you were
C 22 very 0oo0wned and if we say put them in the back at put 22 trying to say wbet I'm tla drag. if toe's a err
23 them in the curter, no one's going to eves am them 23 dWeriWp on 1.33 sod I'm Aivisg down the road 55, 63
24 unless you're actually them at the doaiership. So 1. 24 70 nn'la w her - What's the spoed limit. 55 a the
25 thick scree of the concern of the citii = is driving up 25 srvice road. 65 to Td. 00 the borwey. Hors d 1304
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I to know that's an auto deakrship if I can't see those t out ova the site in islands and along the pavement
2 cos? The Cadillac dukrship thu we saw a while ago 2 setbacks along probably, I guess, the soothe O sad the
C 3 was beautiful but it didn't kok hike an auto dealership 3 south line of the site and in some of the islands,
4 to ere. All the troy covered up so much that I wouldn't 4 too. ThAt would give you a total of. I think MY
S h able to tell whit it was. 5 mathematics is right, we would save 17 uas. We were
6 One of the things to me about an auto 6 inkling to pluu 15, We would be planting tan mare.
7 dealership is that you can we it from these roads where 7 '[bat's a tool of 42 troy which is roughly 30 percent
a people are going to be going fat. So ( would think 9 of our count
9 that they would need to space their trees. is that kind 9 rata SOIER 2: Any spoeifre six or type of
3o of what you were talking about? Where they could still to tree you have in mind, sir?
11 - people still can we that is is an auto dealership I I MR. ROBERT& As far as the type of nee,
12 and see the cars as they're driving by but still it 12 there is a - I think the landscape ordinance has a list
13 looks nice with the trots and everything? 13 of acceptable tress. I would have to defer to our
14 MS. GOURDIE: to that sense or the fact that 14 lm&wW ardritect as to what be would select on that
15 groupings IU the way nature they come in groups. is Ms. SCHERTZ And I just want to take a
16 They're not every four fat I kind of envision in the 16 minute, I wasn't trying to be selective with my comunent.
17 front every four fact, but more around the edges or 17 I think that's why earlier I was trying to bring tout, so
1a something like that more of a cluster. 1a that everyone on the Commission up bore would umdastwd
19 M. aAWM Rather than a tow? 19 the we're dealing with elevations and topograpby and
20 &M. OOURDW: Right 20 the way the land is Laid out And 1 unvdcroand your
21 MS. SCHERM Mr. Engelbrerht, did you have 21 comment that that's why the lmdscape architect was not
22 something? 22 nor as importmt as the po that could design the
23 tit. ENGE BRF.CHT: Before alaff ksves, l 23 tw1ding itself.
24 just wanted so say that from my perspective, I 24 But When I Uske to Commissioner Powell
25 appreciate the comments you made on number four and 25 talk for an extended period of time sod remind us that
C_ Pere 50 Page 52
1 number mine and all the other areas a staff. And I 1 we have to - every effort's been made. Well, I'm
2 hope that you will continue to do that prop= lbw* 2 sitting bare pretending !ilea I'm council looking at this
3 you. 3 and every effort to be made would be if you could atmd
4 M. SCHERTZ: I have one question for the 4 up hero and tell me I've hired a Landscape architect, he
3 Petitioner if they could address the podium, Please. I S looked at it, sod because of all, you know, in my
6 don't know if anyone else does. I have to ask this, 6 expertise because of the way the lad is arc de
7 knowirng that the tree issue is going to be a big deal, 7 elevation, tbcy ac doird tbt bat
8 why is there not a famdscape architect here toofghd? I amt ROBUTS: wet4 you know, I :hunk it
9 Did you work with one? Was the architect that you 9 actually says every reasonable effort. And, you [mow,
1 to selected how a background in landscaping? Could you to ream" is a subjective wad but 1 just have to
1 I just elaborate so dot we'd feel comfortable in that 1 I reiterate that this is a site that's bem mood
• 12 Arta? 12 commercial for 13 years and it's on an interstate
13 wt ROBPRTS: Well, I guess that was 13 freeway. And it's ban wood for commercial purposes
14 probably my doe ision and 1 guest in.. trospec I 14 sod, notwith stonSL g, the ooornreat about the Cadillac ~
15 probably should have. I felt like that the issue fete 15 dealership in San Antonio, I would just elrrlkW anyone
16 was not so much a landscape design issue but it was - 16 to oome up with a plan that willnot remove ■
17 it's mots of a site engineering design because the 17 substantial mamba of trees, the majority of tees, the
I s issues that am cs"irg w to remove tines at really is vast majority of trees from this site with any kind of a
19 enginocring issues. They're not landscape leans. But l9 rwooable oommecial development • •
J 20 1 apologize for oot ,having one up !tae. I world have if 20 m& scmu z5 rm comfariabie with that
C 21 1 had foreseen thus. I would hke to - I've been • 21 statement. I bope.my other Commisn'00 is are.' I think
22 Wk 4 with Mr. Sebastian during the discussions and 22 what wa'R doling with up het, at least, (am in my
23 we would I&e to, l guesS, as a Compromise offer up to, 23 bead at this time, Is do 1 went to add new trey and if
24 that we would plan, an additional ten trees in the 24 1 do, do I just i ni to lay a utmber and let you pick
25 site. The location, they would be spread 2S and chose. S9 I think that's what we'regoing to an
Pltmnin sad Zones Mwtb* OckAwiI2, 1997 Page 49 - Page 52
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1 into discussion abort right now. Does anyone else have 1 would at kag give 30 Percent
2 any Comments? 2 Mt. SCI Eatz Any other discussion?
3 MR RO um: You'd asked about the eia, 3 MR ProcuREClfr: wby don't vve last put that
4 too. I don't think I ever wo*vred that. 4 in the erieW motion?
5 Ms. SCHU Z.. if you'd like to, I'd s m& sC:KUT:: All right.
6 appreciate it. 6 MR 9UCEIC- He now has the motion with a
7 tax. ROGERT& we would propose to plant four 7 seoood. Iie'a justmOcstin8 You withdraw your motion
S iocb trees. 6 and just make your motion with that included in there
9 Mg scURT4 that wean oxVwabte. Thank 9 rather than doing it :a an amendment but that's your
to You a lot. to call,
1 l MJt rowELL' madam Chairman, if I might, I 11 h@ 1owEti: Thal would be r= with tot.
12 think I'd like to approach this in the 6110%' [ng mahod 12 I'm not trying to make maintains out Or mokhM3. I'm
13 just to we if we can make this worst I would Bite, and 13 jtust trying to trove it.
14 I'm not doing it yet, I'm just going to talk it thaugR 14 attn. scmuTz. At this time, l would
15 I would like to recorntmad to the City Cotatcil that this 15 coto-Wo that, Commissioner Powell-
16 zoning be passed and if I could 10 ■ Wood At tbat 16 era ►OwELL. day, you want me to reward it?
17 stage of the game I would like someone else to amend the 17 Ms. SCHUTZ rd like you to withdraw Your
IS motion and talk about trees because then we could talk I S original motion.
l9 abort just the amendmnt and it would eocaanpass the 19 J.M POWEL L ell withdraw my MiOW
20 munbcr and size of tray And then if that amendment 20 motion and adapt the amendment into the motion.
21 passed. we could go 00 with it. 1 thiAt that's a fair 21 MS. SCHUTZ. All right' for C1WifMIiaa
22 approach and if there's nobody that's gOiN to jump at 22 purposes, l grew, I'll try and clarify. We're going to
23 me, I'd like to give that a try. 23 swept the original motion with the additional amendment
24 MR. SCHUTZ 19% the okay from our 24 of having Ian additional trod planted that are four
C 25 attorney on the left Does anyone else have a 23 inch in caliber that will be wheeled from the twdscape
P>se ~ Page 36
1 suggestion? Swing none, would you make that motion, I ordinance of the City of IJeatom. With that
2 pkax? 2 CIVTXSdoo, is Shoe a SOWOV
3 m R. rowetL I would move that we recommend 3 MS. OWRD[E: SOWO&
4 a detailed plan for rWeny zoned Development 12 4 ta. sciEitm. Thank yon.
S (►ro12) for commercial uses. 5 MR BUCF]C I'm woodtsing, for the record,
6 tats. ArnE; ell secood his nation. 6 if ws ate say what that total number of trees coral 10
7 no& smkTz. All right, there's been ■ 7 now. Forty-two? And I woader if wt should clarify
S second S under the Tree Preservation Ordiama, if any of the 42
9 MR. POWEL If we can discuss the maic0 9 trees died, do they have to be rephoed or do they need
to and my drsmtsim would be asking someone to help me out 10 to do that in this merino? 1 don't ktsow if that would
I I boo with am ameodn=l that would add trey of whatever 11 be an issue.
12 was, not just trees but wbatever else would be dTative 12 MS. SaiERTZ: I * o*9 about that.
• 13 bere in getting this moving. ]3 MR. MILL: Quite honestly, I'm not certain
14 MS. satEM Tbark your. I think at this 14 that this really falls these folks are not corning in ~
13 time we'll entertain discwaioG to di$CM whatever is for a tree removal permit fox each of the troa being
16 issues we'd Blew to talk about Why don't we start out 16 semoved. This is dealing with a spocial eonditioc that
17 with are we comfortable with wfial the Petitioner has 17 is attached to the approved of a eonoept PING for a IM
IS rocommended and that is as additional roo tram 10 the I S Probably would be safes simply to state yore into ntiotu
• 19 site, far itch caliber, to reflect the hat that the 19 regarding thole new trees to be planted. • •
20 laaclwpe cr&mve has He's ofted that Do we want 20 MX POw1]L: David, what would the landscape
21 to change that in any direction or world vve Wee that to 21 ordinance say about this if we didn't have dMe
J ( 22 be the tuaendrOW? n ooodtbm in them if they built a bWMing Sad siz
23 Ms. AfttE I'm omfortabk with that 23 month Ider, two of the saved trees died what world
24 be== Donna's recommendation hat been to try to save 24 the I&xWipe ordiesoee say for it?
25 25 or at last provide 23 percent of tlx tev s sod this 25 M& HU: Ri tl now, dry would base to be
Planaing and 7aaims MW ins OdOW 22. 1997 Page 53 • Page 56
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1 replaoed, l believe. I existing tree even if you save it. One of the big
2 MR POWELL: Then, seemingly, and 1 don't 2 problems I had in the cowuction business was sancbody
3 want to put words in your mouth, but, seemingly, the 3 would all me a year lamer a(kr I'd built an addition
i 4 ordinance shady Doyen it. 4 on their house or built a swimming pool or built a oover
s MR HILL. We're talking now about the trees s over their pool or whatever it wL% and they'd ay my
6 to be preserved and I wssn't clear, maybe. I thought 1 6 tree died tsar week and it's year fault. It may have
7 was asked what happens if the teas dry plant die. 7 boas, I don't know. It may not have boon, I don't how,
a tk.. POWELL: Well, you were but my thinking a But the point is that when you Out diiggt'ng in the dirt
9 was all of the tess. 9 in Korth Texas, it sears tike trees die, maybe not right
10 MhL Hn.L: 'that's fur- Yeti know, if you 10 away, but they die.
11 want to just lave a comprehensive phase that indicates 11 But a new tra, wearingly. has a better
12 that tree; that die would bays to be rtpiaoed 12 shot And in an effort to ®d you to change your mind,
13 MS. SC HERTZ Do we lave a means of 13 keep in mind that all of the trees in question here ate
14 enforcing that? 14 eovered by the landscape ordinance and have to be
Is MR HILL: Yes. 15 replaoed. I think I've said enough 'thank you.
16 MR BUCFX: if it's in this motion, we do. 16 ms, scttEtn commisdoner Geordie.
17 MR. POWELL: rm going to try this. Madam 17 MS, OWME- Thank you. Alta looking at
18 Chairman, if I may. is this, dmt u nelly m way to presarn any mat tans
19 MS. SCHPRTZ: Ph=. 19 and so I don't think these is an option in that area but
20 mx PowEU,: And I know this is getting 20 there's always an option, as Mr. Sebastian offered w,
21 confusing and I probably caused it, but I'm going to try 21 be took to heart whet we've asked for and he is of ing
22 it again. I'm going to ask if 1 may remove the motion 22 up additional trees. I bdkw that was a goal gesture
27 and word it all again. Do I have a second for that? 23 and 1 appreciate it and 1 an also ay that the mac we
24 MS. APPLE: rll aocond that 24 do to make this pleasing to our chinas and to the
L 25 MR POWELL: Okay, I'm going to try this one 25 people in this area, the more tren and to forth, the
Page 58 Page 60
l more time. I would govt that wt reeomunend a detailed t more business you're going to get And that may sound
2 plan for property zone Planned Development 12 (PD1 2) 2 fooWh or silly but it's true. As it was brought up
3 for commercial uses with the following conditions. 3 betas, the competitor, the other Ford dealer which is
4 Those conditions are that ten additional eras be 4 going on the other aide of the street, I'm not sure low
s planted on the site of four inch ahber minimum and 5 adversely that's going to affect him bemm of the
6 that the provisions of the existing landscape ordinance 6 deices be made about the troes. And w my point is,
7 cover the new ttas as well as the existing trees for a 7 the more trees, the better. And even though we asked
a total of 42 saved and new trees. 6 for tea if aloof the way you gel soother happy trot.
9 MS. APPLE: I will socood that and well 9 I'm sure the citiaem would appreciate it. So 1 truly
10 done. 10 believe that the developer - we had a great compromise.
11 M. SCHERTZ: is there any disatscioa? I I We're able to bring industry, business into Dorton that
12 MR MORENO: Madam Chair, 1, for one, am not 12 will be expendod and they'll have higher ales which
• 13 totally comfortable that the developer has complied with l) will help what we're looking to do here in Dmtoo. And
14 the intent of the original ordinance that every effort 14 1 just want to say thank you for beating and helping us i
15 be made to protect the tree masses. I think it's a good IS out and 1 will be voting for this.
is idea to add the tress, bmmver, l world rad a sec us h 6 . ms. SatERTZ Any alto commmu7 The last
t7 preserve additional hoes then to come in and add new 17 comment 1 want to make is I'd like to thank the woman
is ones. So with that in mind, I'm going to be voting is fro the Tree Presavat oo for arming bore this evci
• 19 against this particular motion. 19 1, frankly, am rather arprtsed that them was not more
x MS. SCHERTZ Thank you for your comments. 20 people here this evening and 1 drink you did an
/ 21 Any more discussion? 21 excellent job In repramtinf somrdws that is vital to
22 mFL PoWELL: Yes, I'd like io discuss that 22 Denton sod the stmogbne We're proud of err ttee4.
1 23 with the Commissioa for a sivoDnd, if I may. My 23 We really ate. So I appronre you hire f that cues
24 experience is that in a ooaswxtiom projoct like this a 24 this rmair f. With that, l Bide ore are ready to vote.
25 new tree has a much litter chaooc of malting it thaw an 25 All In favor, pksw iipnify by raising your had All'
Planning amd Zouintg Meeting October M Page 57 - Page 60
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1 opposed. Motion carries, 6 to 1. 1 So it'I appearing on the agrada as quickly
2 (cOM MISStGl4ER FIDaF24o tfkPO6fD) 2 as we fah comfortable with taking it forward Any
C 3 R'c're going to have one more item bowse 1 3 questions of me?
4 think it will be abort and Ibex we'll take a break If 4 ms. scnE tm. 1 also understand ■
s that's all right. s rwesentative of the petitioner is in the audience.
6 Item Numba No. 4 consider a 360 day 6 And at this time if be has any statements or questions
7 emmsiao retroactive from September s, 1997 of the 7 that he'd like, he's rme to do so. Please give us your
I approval of Hue detailed plan of Pro mN 7be subject I name and address.
9 property is located on the north side of 1.35E betwmem 9 mx. LzsBEAGE3t: My name is Dn'd
10 Pockrus Page std Shady Shores. And we will be hearing io UssbcW, 3906 Winstao Dive. Dente , IL AS and I'm
11 from Mr. Donaldson about this. t l the son of Albert Lissberger, the owner ' ' , property.
12 MR DONA1DSON: And I'll try to do it from 12 And 1 thii* you have tL information before yon. I'm
13 bum sins they're - I don't think my need far I3 available to mswmr any questions you might have about
14 overhesdL Being the new kid on the block and seeing 14 why we're asking for the extension.
15 this mquxst come in and noting that there have already is ms. scram- Any questions?
16 been two extensions on this particular PD, I askod the 16 m& Gwma- 1 tndervind the rmasonlrg mod
17 legal department to make m opinion as to whether them 17 all, but when will - once these 360 days pass, will
II was any number of - any limit to the member of t s therm be progress started? Hopefully - 1 rwm heaven
19 extensions that mum could grant to my particular PD and 19 for bid, the health goes down. Id's Dope it goes up.
20 that opinion is in your backup n a memorandum from 20 But if something does happen in an adv cm vmy, we we
21 Eddie Martin, Assistant City Attorney, to myself. And 21 going to have to deal with this? In what way? Your
22 it essentially says that with good ease shown Ox r: is 22 ideas?
23 no limit to the number of extensions that you're 23 Fat USS11FAGFA My tlwugbt is my father
24 authorized to grant, 24 intends to proceed but medical conditions have which
C 1! Also, in the backup a letter from Mr. 25 be, a making a dow recovery, but so I think by
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i Umbager, the owner of the property in which he 1 granting the extension tut guarantee that he would have
2 identifies two possible good oases one being his own 2 the opportunity to develop dud property as he had
3 ill health and his inability to deal with the maloding 3 planned to do. If the extetgion is denied, then he
4 aid development of the property. And the second being 4 would not have that opportunity to &-Mop it.
s the chargorl cooditions in the area with the announcement s M. COURDtE: Whist 1 think I was just trying
6 that Cokwnbia will be building a hospital very am 6 to undetstxad is that we've had this happm befog.
7 which may trigger mcrrr red demand far ofrwe space and 7 And I think twice was what they said enough is enough
I that sort of thing. So in his letter, you may find I And I think after - if vm do do this and a third time
9 those good causes with which you meal which you need 9 tonics up for whatever mum and 1 just I would hate
to to MAX a recommendation for the extauion. 1D to keep this going in such s fashion for whakver
11 Also, in the backup is just a rsduoed copy 1 i reasons.
• 12 of the detailed plm, IwAtioe map and the staff report 12 Mkt LWM ROM Yeah. My own SC.kW Of it
13 from September I 1 th, 1996, a little tram than m year ago l3 is is that k -AD It guarantee anything. But my cease of
14 at which the Planning and Zoning Commissiem extended fa l4 it is is tho'. ,f for some reason his h%M is Dot
15 360 days the PD. And therm is a gap that's berm crated is restored sufl.6=dy for him to pursue this project,
16 between the expiration of the last extension and today. 16 that he pn+rbly won't be asking for anodes extension
17 And that's why 1 have included the I gunge that the 17 M. oOURDa. Well, I don't think another
I s extensor be made retroactive to September 7th w mum 1I exkmike would happen. 7bmt's what k'm PMW* L
• 19 kind of establish that continuity, and have muff take 19 gettipj at is deco is probably • •
20 the blame for it We aktudly tmoeivmd the ktkr in 20 MIL LISSMOM My #04M is - the
21 bouise prim lathe cod of the expi afm period but 21 purpose of the ext-iosioo is M allow him to develop the
22 bomm of mewDem to the pros ss and lack of staff 22 property based oa the me&A recovery.
23 hours that vm could throw at it and the desire to lid an 23 MS.OOURDI: We'd halm to see thst happen.
24 opinions from the legal department, we weren't able to 24 M& LtS MOEX- Me, too. It's a beautiful
u grit it on your last agenda 2s bu'Lfin`. I don't know if you've wo the placer.
Planning and Zoning Moeting October 22, 1997 . Page 61 - Page 64
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ATTACHMENT 3
D'x*zz'AFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A
DETAILED PLAN FOR A 5.491 ACRE TRACT LOCATED ON THE SOUTH SIDE OF
INTERSTATE 35 EAST, NORTH OF'rHE TOWN OF CORINTH CITY LIMITS; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VLOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Halff Associates, on behalf of Ford Land Leasing Development, has applied
for approval of a detailed plan for the 5.491 acres do==ted in Exl" A, wtnkh constitutes a portion
of the plamed development; and
WHEREAS, on October 22, 1997, the Planning and Zoning Commission moorrrnended
approval of the detailed plan; and
WHEREAS, the City Counal finds that the detailed plan wilt be in compliance with the
Denton Development Plan; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That 5.491 acres more particularly described by the legal desc ipbon attached
hereto and incorporated herein as Exhibit A, Is hereby approved for the detailed par. being
attached hereto and incorporated herein as Exhibit B.
SECTION II. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall oonstitute a separate and distinct offense.
SECTION III. That this ordinance shalt become dffecWe 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, tt a offidal newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1997.
•
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L PROUTY, CITY ATTORNEY
BY:
• ~.-~~~c _ - ~,-`2'i- p •-III
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EXHIBIT A
5.4907 ACRE TRACT s '
FINC n tre f of rand oil of +he c'deon Walker S.,rvcy. Abstract No.1330, In 1ne City of
enton,0enton County,Texos ono being port of the 213.3439 acre troct of Iona convey d to
OaATOnt Conedton Lord PoetrHte Ltd., by deed recorded in Denton County CtsrK's File tOOCC CF)
No. 94•R00039TS 111 the Deed Records of Denton County, Texas IDRDC T1, and being more -
oortlcvyly doseribeo as follows:
C0VWNCING at a found 1/2-inch iron red at the lntersecttan of +he west right-of-way Cne
of Post Oek,a 100 foot wide street right-of-w0 ,dedicated to +he City, of Corlnth,TtxOs by
Wet recorded In COWr*t F, Pegs, 233 of the ORXI Ono the soutnresterty right-of-way line
of Interstate Wgnw0y 3SE to vaetObre width ROWI:thence with Ina sOVthve9/erty rlont-of-way
Tine of said Inters+0 a M10way 35E,+he folOwing COurses and 64fonaest
North 42 degrees 24 minutes 34 second6 West for a 016+ance of 72,06 foot to a fOWN 112
inch iron rod:
North 50 degrees 12 minutes 52 second6 West for o distonce of 62.63 feet to o four
1/2-inoh Tron rod of the Deginning of non-tangent curve to the rignt,hov41g a ro0ius
of 141,36 feet and whose long chord bears North 44 degrees 57 minutes 23 SeCOnos ,
pest for a distance of 2r4.0 feet, Northwesterly with sold Curve through 0 eM+rcl
angle of 10 degrees 4$ minutes 42 seconds and on are distance of 214.49 feet to a points
hortn 39 degrees 34 Minutes 513000nas West for a d stanco of 30.17 feet to a point for
he to irv)ing of a curve to +he left,having 0 radius of 1451,38 feet and whose long chord
Dears Month 44 degrees ST minutes 16 seconds 'vest for a distance of 213.99 feet;
Nor+hwss+erly with said curve through a centrelonpe of 10 a9orees 45 salnutes 29
seconds or+d on are distance of 274.4 feet to a point of +ongoncy:
North SO degrees 20 r+rw+es 00 seconds West for a aistonee of In,ilfeet to a found -
Sel-Inch Iran rod with plastic Cop for the POWT OF SECANN04i
THENCE dsporting the southwesterly right-Of-way one of said Interstate lfghwOy 35E.South 4T
degrees OT minutes 19 secorm pest for a C;Stence of 352.95 feet to a found 516-inch Iron
rod wltn yrastic cop in the north line of Tne Woods at Qakmant,Ptte3e 2 On addition to 1M
City of Cerinth.Dsnton Coon+y,Tex O3 eecoedrrg to the Wat iLe: ter record sn Cabinet N. ,
Pape 97 of the MOM hCE with the four a 03+orcq 0~09.7S feeft to o found5i0 reon rod wldtn otdsT7CO ~+co.t foe carie ~ s west
THENCE deporting the north Iine of TAO said O"tion North 35 deVees 10 minutes It seconds
vast for a distance of 49.94 feet to a farad 5/8-inch von rod w th Otatia coo for a earner
in +ne Centerw'ne of o 100 foot wipe Texcs Power 6 Llaht CatDanY eese'*ent conveyed by
instruments recorded in Volume 713, Pace 356, Yolu*e 313. Pogo VZ. YOhste 517.
Page Sle, volume 515, Page IOT or+a Volume 1062. Pogo 62 of the OROCTI
THENCE Wth 54 degrees 48 minv+es 13 seconds East ICIOng +he centerllne of sold easement,
for 0 distance of 725.86 feet to o faX10 516-;mcn iron rod 41th plastic coo In the soutnws* -
riot-of-woy cr,e of vlteratote Hi hwcy 3SE for 0 corner On a curve to " left having 0
rcdius of Ss19.65 feet and whose CMOrd boors South 48 degrees 49 menu+es 30
seconds East for a drstonCe Of 310.014 foots
THENCE wifn the Southwest rign T-of-woy line of $CIO Interstate Htghwcy 35E,on4 along acid '
curve to tho loft +MeOVgh a contras aegis of 03 degrees 01 Wr+utes I odconds ono an are
disfoe+ce of 310.11 feet to a found VO-Inch iron e0a with Plastic coo for the point
of tongency;
THENCE continuing with seta 30utnwe3t rignT-of-woy 11me of Interstote Mghway 35E, SOvtn 50
.89
ilev Its
or S. 490? =*3 off ta+a more ort "Y 10M T OF DEGNIehC mirlules 00 seconds on
feet o conTa~n939:11`4 savage cost f
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Agenda No. 9~- ~
ORDINANCENO. Agenda Item
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDIR R
THE PURCHASE OF MATERIALS, EQUIPMENT. SUPPLIES OR SFRVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
1Ir'HERf?AS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies a services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has vviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment. supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WTIEREAS, the City Council has provided in the City Budget for pie 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) HE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or smiem shown in the "Bid Proposals" attached hereto, :are hereby accepted
and approved as being the lowest responsible bids for such items:
i
BID ITEM
NUMBER NO VENDOR AMOUNT
f
2114 ALL VILLAGE FORD 5300,135.06
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
specifications, standards, quantities and for the specified sums contained in the Bid Invitations. Bid
Proposals, and related documents.
SECTION 11.1. That should the City and persons submitting approved and accepted items and
i of the submitted bids wish to enter into a formal written agreement as a result of the acceptance.
approval, and awarding of the bids, the City Manager or his designated representative is hereby J
authorized to execute the written contract which shall be attached hereto: provided that the written
contract is in accordance with the terms, conditions, specifications. standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
1
s
11111110
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids. the City Council hereby authorizes the expenditure of fiords therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION.V. That this ordinance shall become efiectiNt immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1497.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY ORD
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DATE: NOVEMBER 18, 197
CITY COUXCIL REPORT
TO. Mayor and Members of the City Council
FROM: Kathy DuRose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A f
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES i
OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FINDS THEREFOR:
AND PROVIDING FOR AN EFFECTIVE DATE, (BID M 2114 - POLICE. SEDANS)
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Village Ford. for 15
Police Sedans at $20,009,00 each in the total amount of $300,135.00.
BACKGROUND: This bid is for the purchase of 15 police patrol sedans with selected options (see tab
sheet). The acquisition of &ese fleet motor pool replacements was approved in the budget process. The ne%%
vehicles will replace 15 units that are 3 ears old and no longer suitable for patrol use. The retired units N%ill
be reassigned to lighter duty uses or sold at public auction.
The City of Lewisville and Denton County intend to purchase patrol sedans from this bid through an Interlocal
Cooperative Purchasing Agreement.
Six qualified bids were received as a result of solicitations mailed to thirty-four suppliers.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Patrol Division and Motor Pool
Operations.
FISCAL IRIPACT: Funds to purchase the vehicles are available from account dumber 720-025-0584.9104
Motor Pool Replacements,
Attachment: Tabulation Sheet
Respectfully submitted:
oS Y.
a e
Assistant City Manager of Finance
Approved:
1 W r.,,mwo
Name: Tom Shaw, CY.M.
Tide: Purchasing Agent
95 S. AGENDA .
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• • ~~A~ aST.~'! "a ' • i.', i. Y; w~ , , . ~ r ' ~'~,'a7ir}~~• 4 . 1',T < : `1.•, ~.f.'.1~~~ ;r . * ~ h „I}
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•
BFI) N 2111
I
BIDNAME PATROLVEH{C'LES VILLAGE BILL NICHOLS PHILPOTT ORANGE TEXAS
FORD UTTER FORD FORD
OPEN DATE OCTOBER 30, 1997 j
N QTY DESCRIPTION j VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1, BASE PRICE SIB,f7f09i 1111,797.74$ $19,141.00 51"13,001 $11,191.40 f19,091.tt0,
OPTIONS
I
ANTI LOCK BRAKES 5667.00, 5667.10 f690,N~ 566100, $77500 $690.00
RADIO NOISE SUPRESSION $60.00 560,0 $62.04 $5149 $70.00 562,10
f I
o ROOF WIRING $10,101 $4f.N, $13.00 1 $64.001 $51.00 54LSO
AUXILIARY FUSE BLOCK $39.00' 539.001 S39.00i 530,00 $17,00 $39.00, ,r
i
POWER DRIVER SEAT $110.00' 5310.00 S321.941 li 5307.4 f 5360.00 $311.00
FLOOR MATS IVIYVL) $41.00 $17.50, 5-50.0 52S." 535.0 $.".00
INOPERATIVE DOME LIGHT ( $13.00 $13.40 $13.01 51.0 $20.00 513.00
• 4
~ DRIVER SIDE SPOT LIGHT ~ 5116.001 f146.00, fI51.00~ $100.00; $171.00 ${5100
i
POWER WINDOW DRIVER CONTROL w $12.00 $12.00 512.0 (12.01 512.00
TOTAL ~ 1111.M9.01 $20,130.25' $20.527.00 520,113.00, 520,/3$.00 $201177.0
• DELIVERVARO WIN 10.120 120 a 60.90 w150 121 •
J
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Aper~ca no.~~
ORDINANCE NO. Agenda Item
I J-/P- 7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINL
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
1VHEREAS. the City has solicited. received and tabulated competitive bids for the purchase
of necessary materials, equipment. supplies or smites in accordance % ith the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials. equipment, supplies
or services as sho«n in the "Bid Proposals" submitted therefore; and
WHEREAS. the City Council has provided in the City Budget for the appropriation of funds ;
to be used for the purchase of the materials, equipment, supplies or smites approved and accepted
herein; NOW, THEREFORE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDATNS:
SECTION I. That the numbered items in the follo«ing numbered bids for materials.
equipment, supplies, or services. shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM {
NUMBER NO VENDOR AMOUNT
2115 1,138 CLASSIC CHEVROLET S 47,807.00 j
2115 2,7, 13C LONGHORN DODGE S 72,%8.00
2115 3,4 VILLAGE FORD S 78,582,00
2115 5 11CNAT'T DODGE S 16,941,00
2115 6 MAXWELL DODGE S 18,448.00
2115 8,9 SAMUALSDODGE 5115,076.00
2115 10,11 HUDIBERG CHEVROLET S 68,653.00
2115 12 BILL UTTER FORD S 24,554.55
2115 13A PHILPOTT FORD S 28,282,00 k
SECTION If. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance %ith the terms, `
specifications. standards, quantities and for the specified surra contained in the Bid Invitations. Bid
Proposals, and related documents.
• SECTION IIL That should the City and persons submitting approved and accepted items and • •
of the submitted bids % ish to enter into a formal writien agreement as a result of the acceptance.
appro` al, and awarding of the bids. the City Manager or his designated represent.36%C is hereby
authorized to execute the written contract which shall be attached hereto: provided that the written
1
i
i
}
:
SECIlONIV. That by the acceptance and approval of the above numbered items of the 4
subautted bids, the City Council hereby authorizes the expenditure of funds dwrefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION-V. That this ordinance shall become effective immediately upon its passage and l .
approval.
i
PASSED AND APPROVED this _
day of 1997. i
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: - - -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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•
DATE: NOVEMBER 18, 1997
CITY COUNCIL REPORT
TO: Ala) or and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS. EQUIPMENT, SUPPLIES
OR SERVICES: PROVIDING FOR TIIE EXPENDITURE OF FUNDS THEREFOR.
AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2115 - FLEET VEHICLES)
RECO.NLNEENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications
as listed below:
ITEM$ QTV DESCRIFMN VENDOR MME TOTAL
i
1. I ''/m TN MINI VAN CLASSIC CHEV 518,477 EA S18.477.00
2. 2 TN PICKUP LONGHORN DODGE S 13,449 EA 526.893,00
3. 1117 TN PICKUP LNB VILLAGE FORD I S14.397 EA S28.795.00
4. 3 % TN PICKUP EXT CAB VILLAGE FORD $16.596 EA S49-7138.0-0 j
3. 1 3/4 TN PICKUP LAB MCNATrDODGE S16,941 EA S16.941.00
& 1 314 TN PICKUP SNB MAXWELL DODGE SI8.448 EA Sltl.:4a_00
7. 1 1 TN CAB CHASSIS (GAS) LONGHORN DODGE S 16,536 EA $16.556.00
& 3 1 TN CAB'CHASSIS (DIESEL) SAMUALS DODGE 528,242 EA [$34,726.00
9. 1 1 TN CAB'CHASSIS DIESEL 4X4 SAMUALS DODGE $30,350 EA 530,350.00 r
10. 1 1 IN CA&'CHASSiS HD 60- HUDiBERG CHEV 522,531 EA 522,831.00
H. 2 I TN CAB CHASSIS HD 84" HUDIBERG CHEV S22,911 EA $45,822.00
12 . 1 TN UTILITY VEHICLE BILL UTTER 524.554.35 524.554.55
13A. 2 4 DOOR MEDIUM SEDANS PHILPOTT FORD S14,141.00 S28,392.00
138. 2 4 DOOR MEDIUM SEDANS CLASSIC CHEV S14,665.00 $29,330.00
13C. 2 4 DOOR MEDIUat SEDANS LONGHORN DODGE 514,757.00 529,314.00
• 25UNITS TOTAL AWARD $471,31135
The lotser price offered by Bill Utter Ford and Village Ford on item one Sven for a full size van and failed
to meet the mini van requirement.
The lotser es offered by Longhorn Dodge. Hudiberg Chevrolet, McCombs Fleet and Classic Chevrolet i
• for items 8 and pric9 failed to meet specifications. They offered gasoline instead of diesel or 314 ton units in place • •
of the one ton unit required.
The aisard of items 13A, 13B and 13C are intended to acquire a mixed fleet for vu b~ the Police Department
Criminal Ir,%estigation Dis ision. This assard ailous us to purchase ttso Dodge vehicles, mo Ford vehicles
and tN%o Chesrolct tehicles.
3
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CITY COUNCIL REPORT
NOVEMBER 18,1997
PAGE 2 OF 2
BACKGROUND: This bid is for the replacement of motor pool vehicles and/or fleet additions approyed
during the budget process. The retired units will be assigned lighter duty positions or sold at public auction.
PROGRAMS..DEPARTMENTSOR GROUPS-AFFECTED: Motor Pool Operations and various
division receiving new vehicles.
FISCAL IMPACT: These vehicles will be funded from a combination of Motor Pool Replacement ft Ms
r
and/or 1997-99 budget funds for capital acquisitions.
Attachment: Tabulation Sheet a
Respectfully submitted:
a ,
Assistant City Manager of Finance
Approved:
Name.,, Tom " taw, ,P.M. -
Title: Purchasing Agent
95f .).GENOA ,
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IMP 8 2115
BID NAME FLF,F.TVEHICLF_S MEIR0 )IUDIDF.RG McCOMBS CLASSIC VILLAGE
PACE IOF I FORD CHEV FLEET CHEV FORD f
GMC
i
OPEN DATE OCTOBER 30, 1947
N QTY DESCRIPTION ! VENDOR VENDOR VENDOR I VENDOR VENDOR
I. 1 1121NMINI-VAN (1PASSENGER) NB 31/47208 SIl537,90t $16,471,00 11,44& DO
2. 2 1/2 TN PICKUP 6CYLINDER ~ SI5.M0.00 SI4,067.88SII,1I1.01 S13,i61.80 S13.S96.Obr
3, 2 112 TN PICKUP- LONG WHEEL BASE $16,000.00. 515,45. 00 $ 16,191.00, S15,3N.08 $11,197.01
4. 3 112 TN PICKUP EXTENDED CAB $17,450.001 S17.3".00, $11,124.00 S17,264.00, S16 Sf6.N,
I
5, 1 314 TN PICKUP LONG WHEEL BASE S17,950.0 $1720!.001 511,443.00 r $17,096 Op, NB
i
6. 1 314TNPICKUP SWRTWHEEL BA.SF. $21,888.00 SY91631.00r 519,996,00 519,177.00, NB
7. 1 3TNCABlCHASSIS•56"CA(GAS) S28,008.00, $17,401."1 $17,577,10, $17,117.00, NB
1. 3 1 TN CAB/CHASSIS EXTENDED CAB NB 314 TN 314 TN Y4 TN
f CA • DIESEL S20,7S1.00 521,117-H 528,771.00, NB
• 9, 1 ! TN CAWCHASSIS EXTENDED CAB NB 311 TN 314 TN 314 TN
56"CA -DIESEL 1X1 $23,976.00 S24,496.08r $2.1,708.081 NB
10. 1 1 Th CARtlIASSIS HEAVY DUTY
60" CA • DIESEL S24,908.00 522,131.00, 52/,072.00 S23,767.08; NB
+ it. 2 1 TON HEAVY DUTY 14" CA-DIESEL 531158.00 S22,911.00 521,19100 523,952.081 NB +
12. 1 Ill TN SPORT UTLY VEHICLE $25,650.08, 521262.00 $25,401.08{ S23,938.44 NB
CHEV LUM.
13. 6 MIDSIZE 4 DOOR SEDAN NB $11198.08 515,985.08 51410.4.40 5141617.88
DELIVER 60.98 DAYS 90-120 DAYS 90.120 DAYS 60.100 DAYS 15 95 DAY'S
-
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1
urn rl 21r5
DID NAME FLEET VFIIICLF.S h1AXH'F.I.L LONGHORN PHILPOTT BILL. ALLEN JIM k
PACE 2OF2 C-P-D-J-E DODGE FORD UTTER SAMUELS MCNATT
LTD FORD DODGE
OPEN DATE OCTOBER 30. 1997
N QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1, 1 112 IN MINI-VAN (8 PASSENGER) 519,669.00 520,769.001 NB SIR, L75; 520,311.00 NB
2. ' 2 112 IN PICKUP 6CYLINDER 513,722.00, S13,N9.00i NO 31023.65 514,06,00 513,460.45
3. 2 Ill IN PICKUP- LONG WHEEL BASE 511,996.00 515,121.00 NB 516,051.15 516,989.OO $14,663.51
4. 3 1R IN PICKUP EXTENDED CAB 517,665OJ 517,6J7.00 NB 516,830.65 SIJf,5R8.00 SI81195.D0
I i
5. 1 314 IN PICKUP LONG WHEEL BASE 516,994.00' 517,069.0Of NB NB 513,905.00. 516,941.00
I I
6, 1 314 IN PICKUP SHORT WIIF.F.LBASF 518,118.00 S19,716.DO NB j NB $20,937.00 NB
I ~
7. 1 1 IN CABICHASSIS.56" CA (GAS) NB 516,556.00, NB NB 520,983.00 ND
E. 3 1 IN CARICIIASSIS EXTENDED CAB (GAS)
WCA-DIESEL NB 523,7311.00 NB NS 126,242.00 NO
• 9. 1 1 IN CABICHASSIS EXTENDED CAB (GAS)
56" CA -DIESEL 4X4 NB $26,557.00 NB NB 530,330.90 NO
I
10. 1 1 IN CABIC'HASSIS HEAVY DUTY f
60" CA- DIESEL NO NO NO i NO NB NB
11, 2 1 TON HEAVY DUTY 84" CA-DIESEL NO 1 NB NB NB Ni NB •
12. 1 112 IN SPORT UTLY VEHICLE 525,236.00! 526,070.00, NB 524,531 <3; 527,590.00 NO
13, 6 MIDSIZE 4 DOOR SEDAN 515,228.00 514,747.00 514,141.00, 515,234.75, SI6,4E1,00 515,14555
DELIVERY 90.120 DAYS W90 DAYS 30-60 DAPS 4590 DAYS 94120 DAYS WLIQ DAYS
•
•
AQe+tda No.~.1~~
AVnda ItemT-7rQ__
ORDINANCENO. Oita q7
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.
14'HEREAS, the City has solicited, received a : i tt dated competitive bids for the purchase
of necessary materials, equipment, supplies or ser%ices in accordance %vith the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WTiEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment. supplies or services approved and accepted
herein: NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials.
equipmem supplies. or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowe5 responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2116 ALL SOUTHWEST INTL. 5184,945.00
SECTION IL That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
1 agrees to purchase die materials, equipment, supplies or services in accordance with the terms.
specifications, standards, quantities and for the specified stuns contained in the Bid Invitations. Bid
Proposals, and related documents.
i
SECTION 111. That should the City and persons submitting approved and accepter' items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance.
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto: provided that the written
• contract is in accordance with the terms, conditions, specifications. standards, quantities and • •
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
C
T
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SECTION 1Y. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Counc7 hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shaIl become effective immediately upon its passage and
approval.
r
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
t ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: [
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
5UPPLY OIiD _ . ,
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DATE: NOVEMBER 18, 1997
I
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assislant-City Manager of Finance
SUBJECT: 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 9 2116 - 12 YD DUMP TRUCK
AND HEAVY DUTY TRUCK CAS/CHASSIS)
RECOSINIENDATION: We recommend this bid be awTrded to the lowest bidder as listed below:
ITEM N QTY DE6CR MON *MlToER COST TOTAL
- t
lp.. 1 12 CU YD DUMP TRUCK SOUTHWEST INTL 556.773 k
OPTIONAL AIR RIDE SEAT S 300
AIRCONDITIONING S 600
AMFM RADIO S 200
BED/LOAD VIBRATOR S 650
$58.525
I B. l 12 CU YD DUMP TRUCK SOUTHWEST INTL 556,773
OPTIONAL AIR RIDE SEAT S 300
AMTM RADIO 5 200
BEDA.OADVIBRATOR S 650
5_`7,925
2. 1 27,000GVWCAWCHASSIS SOUTHWEST INTL S371179 S37,279
3. 1 28,000 GVW CAB'CHASSIS SOUTHWEST INTL $30,570 530,570
TOTAL S 184,299
•
BACKGROUND: This bid is for the purchase of motor pool replacements for one 12 yard dump truck and
two heaNy duty truck chassis for the Street Maintcnance Department and one 12 yard dump truck fleet
addition for the Drainage Division. The replacement or addition of these vehicks was approved in the budget
process.
F i
• PROGRADIS,DEPARTbIENTSORGROUPS AFFECTED: Motor Pool Operations, Street Mainteniance
` • •
Division and Drainage Division.
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CITY COUNCIL REPORT
NOVEMBER 18, 1997
PAGE 2 OF 2
i •
FISCAL IMPACT: These vchicks will be funded from a combination of Motor Pool Replacement funds
and or 1997/98 budget funds for capital acquisitions.
Attachment: Tabulation Sheet
iRespectfully submitted:
a SC r•.,
Assistant City Manager of Finance
t
Approved:
Name: Tom Shaw, C.P.M.
Title: Purchasing Agent
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TRUCK CAWCKASsn FLEET CLAS.AC L'fTL FORD TRK
CHEV POSSL'SMEPS GMC
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DESC71VIlOY 1T7VDOR VENDOR 17LVDOR _ 17.rpwt vEr+DOR , -
I. 1 I1 C tlPC 1D TA\DC.M Df ESE L
DUMP TRICK i BODY SPA7LOO S5737aw_ mrioo SK9fl.w Sfilliw
L 1 :7.WOGAWCAACHASSIS $rl,ulm -
I 7AOOi G1W CALCI[AS n SS.I,lf 1.00_ WASlm_-_ EM,S70.R0 53LM* SMIMw - -
ADOS1.113
PER lnlT FOR
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Agenda No. 97-05/p
ORDINANCE NO. Agenda item
Data AN ORDINANCE ACCEPTING COMPETIl iVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, 171UIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS. the City has solicited, received and tabulated competitive bids for the purchase
of necessary, materials, equipment, sup, i'es or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or sen ices as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COI NCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
SECTION-1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or services, shown in the Bid Proposals attached hereto. are hereby accepted
and approved as being the lowest responsible bids for such items:
{
BID ITEM
NUMBER NO VENDOR AMOUNT
2119 ALL 2IMMERER KUBOTA & S 20,731.00
EQUIPMENT, INC.
SECTION 11, That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
specifications, standards, quantities and for the specified sums contained in the Bid Imitations. Bid
Proposal, and related documents.
• SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms. conditions. specifications. standards. quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted, i -
I
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,
k.
SECTION 1V. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby s uthodws the expenditure of finds therefor in the amount
and in accordance «ith the approved bids or pursuant to a written contract main, pwsautt thereto as c
authorized herein,
SECTION V. That this ordinance shall become effective immediately upon its passage and I
approval.
PASSED AND APPROVED this day of 11997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SL'PPLY,ORD +
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DATE: NOVEMBER 18, 1997
CITY-COUNCIL REPORT i
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES
OR SERVICES; PROVIDING FOR THE EXPENDITURE O FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE. (BID 02119 • RUBBER TRACK
EXCAVATOR)
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications,
7_immerer Kubota & Equipment, Inc., in the amount of 520,731.00 with delivery in 14 days.
BACKGROUND: This bid is for the purchase of a small size tubber track excavator for use by the Water
and Sewer Field Services Division. The rubber track protects lawns, driveways and sidewalks and the small
size allows access to easements through gates, etc.
This unit is a fleet addition approved in the budget process.
The lower price offered by McKinney Bobcat failed to meet the minimum horsepower by 25°/.. We feel this
is detrimental to the intended use of this piece of equipment.
PROGRAM. DEPARTMENTS ORGROUPS AFFECTED: Water and Sewer Field Services Division
and Motor Pool Operations.
FISCAL IMPACT: This unit will be purchased from 1997198 budgeted funds account number620-081-
0462-9104.
Attachment: Tabulation Sheet
Respectfuily submitted:
o
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Assis t ity Manager of Finance
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Appro%ed:
dame: Tom D. aw 4
Title: Purchasing Agent +
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BID N 2119
BID NAME RUBBER TRACK NORTH FUTURE LIAIMER MCKLKNEY ~ a
EXCAVATOR TEXAS EQUIP KU`3OTA BOBCAT k
EQUIP if
OPEN DATE OCTOBER 31,19!7 }
R Q7S -DESCRIPTION ----VENDOR--`-VENDOR _ VENDORS VENDOR -
1. 1 RUBBER TRACK EXCAVATOR $23,153.01 522,517.00 520,731.00 520,265.00
MFG TAKLNCHI SCHAEFF KVBOTA MELROE
MODEL TB015 HRI2 KX412Ri1 320
DELWERY 60 DAYS 90 DAPS 14 DAYS 45 DAYS
NO BID RESPONSES
i
CONLEY LOTT NICHOLS
DARREQtgt
CLEMMONS TRACTOR
MARTIN EQUIr4ENT
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Agenda No
ORDINANCE NO. Agenda Item
Date //-ze 99
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT. SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, meived and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
l'aw and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted f
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, .ue hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1121 ALL DALLAS FORD NEW HOLLAND S 98,998.00
SECTION 11. That by the acceptance and approval of the above numbered items of 'he
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Did Invitations, Bid
Proposals, and related documents.
• SECTION W. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement ass result of the acceptance, 1
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto: provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted. L -
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SECTION -IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the Cirv Council hereby authorizes the expenditure of ftutds therefor in the amount
and in accordance %ith the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
j `
SECTION V. That this ordinance shall become effective immediately upon its passage and r
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SC MYARD
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DA i E: NOVEMBER 18, 1997
CITY COVNCILREP.ORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Assistant City Manager of Finance
SUBJECT: 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 0 2121 - LOADER BACKHOE
TRACTOR):
RECOMMENDATION: We recommend Item I of this bid be awarded to the Ioaest bidder as listed
below:
pbC11[hfJON , ` !ltJ1'Pl IR1t COST TOTAL
MbkII N QT Y
IA. I LOADER BACKHOE TRACTOR DALLAS FORD $43.372
to HP NEW HOLLAND
OPTIONAL 111" BUCKET $ 623
EXTEND A BOOM 4' S 4,300
HYDRAULIC TOOL CIRCUIT S 1.3%
AIRCONDtTIONER S 1.996
S Sl,449
IB. I LOADERBACKHOE TRACTOR DALLAS FORD 543,372
to HP NEW HOLLAND
OPTIONAL Itl' BUCKET $ 623
HYDRAULIC TOOL CIRCUIT $ IJ36
AIR CONDITIONER $ 1,9%
$47,349
•
TOTAL $93'"s
Item 2 will be presented to Council at a later date, No award at this time.
• BACKGROUND: This bid is for the purchase ofone motor pool replacement Loader Backhoe Tractor and •
one fleet addition Loader Backhoe Tractor. The units will be assigned to Drainage Division (IA) and to the
WaterlSc%ser Field Services Division (I BY Both tractors were approved to the budget process.
3 I
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CITY COUNCIL REPORT
NOVEMBER 18, I997
PAGE 2OF2
PROGILIMS,DEPARTMENTS -OR GROUPS AFFECTED, Motor Pool Operations, Drainage Division
and Water/Sewer Field Services Division.
FISCAL IMPACT: These units will be funded from the following account
Account number 720.025-0584.9104 547,349.00
625.082.0471-9104 596,9~96.0~0 t
Attachment: Tabulation Sheet
Respectfully submitted:
Ka ft u
Assis seManager of Finance
Approved:
Name: Tom D. Shaw, c.P.M.
Title: Purchasing Agent
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BID a 2121
BID NAME LDADEWBACKHOF RDO DALLAS FUTURE G & G CLEMONS I
f TRACTOR EQUIPMENT FORD EQUIPMENT TRACTOR i TRACTOR
NEW
OPEN DATE OCTOBER 30, 1997 HOLLAND
I
a QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
I. 2 EA LOADFRBACKHOF, N HP CLASS,
14' DIGGING DEPTH w,011543,372.00 S49,S77A0 542,471.001 1;42,164.60
2. I EA LOADER(BACKHOE, 90 HP CL ASS,
15'6" DIGGING DEPTH 566130105 547,172.00 $55,223.00f S46,617,N W A3.86
OPTIONAL EQUIPMENT;
3. EA HYDRAULIC TOOL CIRCUIT OUTLET ,537.001 S1,356.00~ SI,165N S1,614.00~ SId21N
4. EA AIRCONDTTIONEUCAB 51,345.00 SI,"Lw SI,365,N S119K.00 52,231.01 ~
5. i EA 11" TRENCHING BUCKET S951 A1 S6250 56410 S65A.N1{!{ $755.00,
NH3 i 80 MR 10 HR
6. EA EXTENDED BOOM 4' j 53,735.10 SOKSO $2,910." $3,771.0 54,733.00
fOHR 90 HR 90HR
S5,04A.00 i 53,917.001 S4,875.N
DELIVERY j 30-120 DAYS 121 DAYS 150 DAYS i 110 DAYS
NO BID RESPONSES
HOWARD MCANEAR EQUIP.
~LIMMERER KUBOTA •
DARR EQUIPMENT
HALL EQUIPMENT
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Agenda No._ I ' -
Agenda Item _
date -
ORDINANCE NO.
r
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN iNTERLOCAL
AGREEMENT WITH NORTH TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) TO
AUTHORIZE PARTICIPATION IN THE PURCHASE OF LIBRARY bOOK ; AND RELATED i
VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
DECLAdING AN EFFECTIVE DATE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
SECTION-1. That the City Manager is hereby authorized to execute the attached agreement,
a copy of Hhieh is attached hereto and incorporated by reference herein
SECTION-11. That the City Manager is authorized to expend funds pursuant to the
agreement for the purchase of Library Books and Senices.
SECTION III. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the dey of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
-71 BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY r
BY: t'
• tNT>_ru.OCAL DOC •
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DATE: NOVEMBER 1$,1997
CITY -COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN
INTERLOCAL AGREEMENT WITH NORTH TEXAS REGIONAL LIBRARY
SYSTEM (NTRLS) TO AUTHORIZE PARTICIPATION IN THE PURCHASE OF
LIBRARY BOOKS AND RELATED VARIOUS GOODS AND SERVICES:
AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARINGAN EFFECTIVE
DATE (INTERLOCAL AGREEMENT NORTH TEXAS REGIONAL LIBRARY
SYSTEM)
RECOMMENDATION: We recommend this interlocal agreement with North Texas Regional Library
System (NTRLS) be approved.
SUMMARY: The approval ofthis interloca! agreement will allow North Texas Regional Library System
(NCRLS) to participate in a coLpenative purchasing agreement with the City of Denton for the purchase of
various books for use by the Library.
The North Texas Regional L'br System (NTRLS) District Board of Managers approved this agreement
by resolution on October 23, 1991.
PROGRAMS, DEPARTMENTS.ORGROUPS AFFECTED: Library
FISCAL IMPACT: This interlocal agreement will have no financial impact on the City of Denton.
Attachment: InterIocal Agreement
Respectfully submitted:
t aSL
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Executive L rector of Finance
Pivpmd:
Name: Denise arpoo
Title: Senior Buyer g'
Approved:
aF meZom Shaw, t
Title: Purchasing Agent
962, AGEYD► -
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, ~ 7 4 , ay" A ~,'A } i~r~l,~~ A'~~$' i bV f~v:'t~ lr ~ 1. r Y. Y:'{:SS t~^~'~,rir,~jFy. hs` :XI
•
THE STATE OF TEXAS
COUNTY OF DENTON INTERLOCAL AGREEMENT
I
COOPERATIVE PURCHASING AGREEMENT
This agreement is made on the day of kr' 1997, ben3-een The City
of Denton, State of Texas, and the North Texas Regional Library System (NTRLS).
In consideration of the mutual covenants contained herein and pursuant to the authority
permitted under Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, City €
of Denton and NTRLS agree as follows: `
I. E
Purm
The City of Denton wishes to enter into this Lnteriocal Agreement to authorize participation
in various NTRLS agreements for the purchase of Library books and related supplies or services.
The participation in this cooperative program will be highly beneficial to the taxpayers through The
anticipated savings to be realized.
II.
r)nratino of t
This agreement, which terminates as of its effective date, all prior agreements, written or oral,
between the parties concerning the same sw0ces/materials, shall become effective on
nrs+/1L-k--0 ~:S , 1997, and shall continue in full force and effect thereafter until terminated
by either party on thirty (30) days written notice to the other.
III.
R' sMen_~p Uf P2r ilk
The parties intend that the entity, in receiving products and/or smices specified in this
agreement, shall act as an independent purchaser and shall have control of its needs and the marurer i
in which
they are acquired. Neither the City of Denton, its agrnt& employees, volunteer help or any
other person operating under this agreement shall be considered an agent or employee of NTRLS
and shall not be entitled to participate in any pension plans or other benefits that NTRLS provides t
• its employees. • •
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Should NTRLS, determine to advertise for the purchase of certain goods or services, and offer to the
City the option to pmc ase such goods or services and City wishes to participate in such bid, then:
1. NTRLS shall advertise for the purchase of such goods or services in compliance
with all applicable State bidding statues.
2. The City shall make payment for the purchase of such goods or services directly
to the lowest respormble bidder from curren revenues available for such purchase.
3. The City shall receive All benefits provided by the successful vendor for the goods
or services the City determine to purchase.
NORTH TEXAS REGIONAL LIBRARY SYSTEM CITY OF DENTON
BY: I!]u rYW L.
Marg~Irby RiA61s Ted Benavides
Chair, NTRLS, Board of Directors City Manager
7
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DATE:
4d- A 3 F 9 DATE:
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Aginda Item
ORDINANCE; NO. Date
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
WHEREAS, in order to comply with the legislative requirements contained to the
Public Utility Regulatory Act of 199S, for the payment of energy trammissloa service fees, the
City of Denton is required to pay such fees imposed by the Public Utilities Commission of
Texas to the fifteen listed cities and utilities set forth In Exhibit "A"; and
WHEREAS, the City Manager has reviewed and recommended that the City Council
approve and authorize the payment of suck tees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the expenditure of funds in the amount of 5434,429.50 to be paid
to the Listed Cities and Utilities in the speciAed amount shown on Exhibit "A", %hich is ,
attached to and made a part of this ordinance for all purposes, 13 hereby authorized.
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of ,1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
• BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
• rsa. ORD
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DATE! NOVEMBER 19, 1997
CITY_COUNCILRErORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR THE PAYMENTS BY TIDE Ch Y OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THOSE LISTED C171ES AND UTILITIES PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON• AND PROVIDING AN EFFECTIVE
DATE. POM 81020 -CITY OF GARLAND PO N 81021 • CITY OF BRYAN, TEXAS. FO p 81022 F, N OF REEh VILLE PO O 810255- CEEN~TRAL POWER & LIGIHT CO.. P81026 O - HOUSTON
LIGHTING & POWER PO 8 81027 • PUBLIC UTILITY BOARD, PO N 81028 - TEXAS III
UTILITIES ELECTRIC CO.)
RECOMMENDATION: We recommend the nine (9) purchase orders listed above be approved in the total amount
of 5434,429.50.
SUMMARY: These purchase orders are for payment of a fee imposed by the Public Utility Commission, of Texas
tPUCT) for planned losses in transmission sfrvkes for energy delivered to the City of Denton, The Public Utility
Regulatory Act of 1995 (PURR 93! re4uud the devgbpment of a aew, statewide, mechanism for electric
transmission service to Texas" PURA v5 also placed municipal utilities tutder the Jun sdict"an of the Public Utility
Commission of Tomes (PUC7 for matters related to transmss;oq. As a result the City of DentonLlectric Utility
has been ordered by the PUC,T to pay various other electric utilrtKS to the State specific amount nr the planned
losses assocuNed with trartsmissign service Denton rcgwres to receive erkrgy necessary to operate itt system. The r
subject PO's provide the City oFDcnton the authority required by the Charier to make those payinenis. 1
The Public ytility Commission (PUC) of Texas Subst• R. 23.67 requires transmission customers to pa for losses that result from their use. orrthe trnn~s~iuiort s em. The
Energy Reliability Council of Texas (ERCOT} is
developing a monthly matnx l~aed on the trap r"of power between zones or within zones usutg standard load flew
anallsis techn • ues. Control Areas Shall collect losses from each Load Entity, which includes the City of Denton
Municipal Uti1~i its (CODMU).
The subject purchase orders will pocumber funds estimated as cost for services through September 30,1998. Nn
funds wIII actually be spent until invoices are rtetived, reviewed and approved.
PROGRAMMSS,DEPARTMENTS ORGROUPS AFFECTED; Denton Municipal Utilities i
"
99~6I9 budget accounts They arme bbeit g co solidaaedinto acgcount N 610.132-1 03? 5650v-8568 tiIity Department
1 20, 0 81021, A 81022, M 81023, 8 81024. N 81025, R 81026, # 81021,
Attachment: Purchase Order a> 81
Respectfully submitted:
a
Executive D rector of Finance
Prepared:
s me, lswt arpoo
Title: Senior Buyer
Approved,
ame: om w,
Till:,} urchasingAgent
2
i,
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A * S.
' ~h. ~ ~ti ~ o -k r I, ~ let L 4 ~ ~ + r t
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r
'
. - IF
flm~ ly~a:SU~ray wl an lll:!11 - - 'M$ IS /
a
IR ORDER l
CA xXx
41' MAAICL
clns. boxes. P+cslnp slps rd bills. 110 NOT I>l1pl.I
TE
R'Q lice Bid Nor Dalr. 10 27 97 Pipe No" at
kk
I
CITY OF DENTON, TEXAS
RACHAS04 DMSIOV / 901-8 TEXAS STREET / DENTOk TEXAS 76201-4354
9401349-7$00 D,FVV METRO 8171267-0042 FAX 9401349-7302
;Fggi CITY OF GARLAND
9AIE/ P.O. BOX 469002 DELIVERY CONFIRMATION ONLY C13
]DRESS ADDRESS UTILITY ELECT ADN, SERVICE CTR
GARLAND TX 75046-9002 901 B TEXAS ST ^
DENTON TX 76201
VENDOR NO. GAR49505 DELIVERY DUCTED 11 18 97 FOB DESTINATION BUYER DR TERMS
cw'`P. ' . J':k'..aeit•'I7'is~ ~w xir::.. x4<rA v
101 33308.25 $S VENDOR CAT. # N / A NPG NAME 1.000 33,308.25
CITY 1 96285
WHOLESALE TRANSMISSION
j
P ,GE TOTAL s 33,308.25 r
s
` • 1 610 132 1032 5650 8587 33008.25 GRIND TOTAL 33,308.25
~
DOA INSTRUCT DN 1. Tams • Not 34
lend MNiMf Make wAA duplicate tMF I t, P*iM Yq►ucliant F.0.6 D"I nafien Prepaid nr.+. w«v ,,..~.u
Lill to - A"ewu P"" S tw fekrd r stele tors tat " be Ades" r215 E I kary St
{ r Prices Mlkl
FIT 11201.121! I PUR+CNASINO
•
vlm ifASE Olakff wr-Ti[07T
Ilns m.mrlre, mr1 iiyc ur an CONFIRMOC ORDER
MrmKOs- 1~rYroey sirs. cees, OF fr1AAXEDf
clns. boxes, peckiv slvs wA Edrs 00 NOT DUPLICATE
Rea No, Brd Na Dale 10 27 91 Page No. 01
CITY O PuRU,AS4vc S" 1 9001 a T~N~TREff TI DENTOP( TEXAS 76201-4354
9401349-7100 D1FVV P&TRO 817/267-D042 FAX 9401349-7302
VETAOR CITY OF BRYAN, TEXAS
NAME/ ACCOUNTIMO DIVISION DELIVERY CONFIRJIA710M ONLY C13
ADDRESS P.O. BOX 1000 ADDRESS UTILITY ELECT ADM, SERVICE CTR
BRYAN TX 77805 901 8 TEXAS ST
OEKTOK TX 16201
VENDOR NO. BRY49000 OELiVERY OWTED 11 18 97 FOB DESTINATION ELTYER DH
W CF p fER1A5 .1/ry
. K P
. Plll AM1Al1x 1
":K a .eW _ "i',t n • a Ki r [ark'-`+'e` „
tim 001 249.25 $S VENDOR CAT. # H / A MPG NAME 1.000 249.25
CITY # 96285
WHOLESALE TRANSMISSION
•,I
r
i
P 8E TOTAL a 249.25
OR KD TOTAL a 249.25
01 610 132 1032 5650 8587 249.25
ENOOfI N51IpJCT10Ni 7 Taros • Net 71 s~+^ N--~ 'fi^"'I
See4 eryiwl lenke me A*kaff nag. ; 4. P*flie4 iMrecs K F.O,R Deuwon rr*M R. o v ~ l
Its w kc*00s pov" S. No feted er sus mks su *4 114 rckohd
m prices W"
fK 7I21 b791 E P111lI71ASM4 _3,eel
cry- c^'.r ~j~_li i.-.'F. ~ S,un I„~`,
t
sip U I U THIS lS A xxx
I UIL nICIIHA SE ORDER
a, NO,
+s CONFIRMING ORDER .
x,vo,ces, derivety slvs. c.ses, (IF MARXEDI
cg+s, bars, packing slips and ties DO NOT DUPLICATE
Rey No, Bid Nm 09* 10 27 97 Page No. O1
CITY OF DENTON TEXAS
PURCHASING 06n" 1 901-8 TEXAS STREET f DENTON, TEXAS 7620 1-4 354 `
9401349 •7100 01FW 1,1ETRO 6171287-0042 FAX 940/349-7302
VENDOR CITY OF COLLEGE STATION
NAMEI P 0 BOX 9960 OEUYERY CONFIRMATION ONLY C13
ADDRESS ADDRESS UTILITY ELECT ADN, SERVICE CTR
COLLEGE STATION TX 77842 901 8 TEXAS ST
DENTON TX 76201
VENDOR NO. C 0 L 4 9 0 5 0 DELIYEAY ORATED 11 18 97 FOB DESTINATION BUYER OH TERMS
Lot 1 LM
ws S i'F <-'Y. „"s wF a.f, Xe ,ro i r L ri
AMMJNT
001 226.50 SS VENDOR CAT. # N / A NFG MANS 1.000 226.50
CITY # 96285
WHOLESALE TRANNISSION
1
e
I.
P r;8 TOTAL E 226.50
OR ND TOTAL E 226.50
• 01 610 132 1032 5650 8587 226.50 •
EtAX3R NS1Ip1CT10N$ I. Tna,s !Mt M Ia,n.+..,, y«a.vf
. Sea,1 ryiml Inwke s,igh h/liear Ca/F. 1 4. SAyMN e,sv„ clews: F.04. DtsbkaM perrd er,, "-wt
Girl M - AccrAm pw" . S, No fedrel r swe sales W *4 M inclo4M
ills E. mgxk l SL a P,ct! i+lkl ♦c ;K•n
Dwk T1i 16211-4199 . PURAHASM#O 1i
±c
• :t.i s,r, , , f e . L 4 ry> ''~F'~U t w y ivy"',: 1h . •'t~r1:. ~Sf., e,
. I
F'URCFRASE ORDEA IJO: U l O C 3 TENS IS A x X x
CONFIRMING ORDER
maces, dahvw7 SIB cssec (IF MARKED)
class. Ao et Pec1a'9 sips and Adis DO NOT DUPLICATE
I
Re4 TIM 8d Na 0" 10 27 97 Page Na O L '
CITY OF DENTON TEXAS
KW-MASM OMSCN 1 901-8 TEXAS $7REE{ I DENTOR TEXAS 76201-4354
9401349-YIDO O/FW METRO 817/267-0042 FAX 940!349-7302
VENOM CITY PUBLIC SERVICE
;NAME/ SAN ANTONIO DELIVERY CONFIRNATION ONLY C13
AD0{F$S P.O. BOX 1171 ADDRESS UTILITY ELECT ADB, SERVICE CTR
SAN ANTONIO ?X 78296 901 B TEXAS ST
DENTON TX 76201
VENDOR NO, CIT49050 DELIVERY OUOTED 11 16 97 FOS DESTINATION mm DH TERMS
t Jii R,_Sh"^nM1{: jl~.,;iyF'...vA✓ T'::: ,~F.: i',A,~ w `~,4,$..`uky'iV " X442:..: S~
AMOLINT
001 16261.75 $S VENDOR CAT. N N / A MFG NAVE 1.000 16,261.75
CITY It 96285
WHOLESALE ?RAVSNISSION
P OE TOTAL N 16,261.75
OR ND TOTAL f 16,261.75
\ • 01 610 132 1032 5650 8567 16,261.75 •
I
4HOXt VfSTN1lCiN1f11 1 Ter" - Net 30 •r, wv+l
StM wiNNM Aw elp tnlA do' eMK 4. SA*" i 4lFWCb c F.O.N. Ot"0111 Ir /NMeW s...., .~..r w*-Jf
~ c i
t'S ew "4W 1. Nw federal at sw salts W Od k bcwd
6'I to - kc
E S< in Rtef M rtal r c
DaeW1,~~•47N3 .Pi~,,HAeSM
1~ r•= r.j, .cttkY;"~ i,.;.) ~E"}l.~' ,1s{Y~~t+.t'~s ~n: r } ~
• tat .C23`~ .s lilt .r '',4 ..-~'G"'~'. i"x~'ii 1
3{~f•~p.~iatrt'lt~'~S ~.'~i
PURCHASE ORDER NO: 8J 024 IRIS IS A XXX
INs runner rrusl Wpear on all C01fIRMNXi ORDER
rNo.ces, de4wery slps• cases, (W MARKED)
cim. boxes. pacshs slips wd bins- DO NOT Dl1PUCATE ~
Req No: Bid Flo: DwR 10 27 97 Pape No. 01
CITY O TEXAS
FUKHASNG DfV15S*NN II 901 B DEANS S~Nf I DENTTOR TEXAS 76201-4354
9101349-7100 O/FW WRO 8171267-0042 FAX 9401349-7302 -
VENDOR CITY OF GREENYILLE
NAME/ GREENYILLE ELECT. UTILITY SYS. 01-1.1RT CONFIRMATION ONLY C13
ADDRESS ACCT. - 6000 JOE RAXSET BLVD. AMSS UTILITY ELECT ADM, SERVICE CTR
GREENYILLE TX 75402 901 8 TEXAS ST r
DENTON TX 76201
VENDOR NO, GRE35005 DEI(VERY OUOTED 11 18 97 FOB DESTINATION BUYER OR TERMS
_ 'ca "a.M:':.'S~;'*.t.ti. 'V;l~'~,Ei:;'-?Cb:l`"$•'tf.7+ '.x, i.w'..;}; s ,r
001 16876.75 SS VENDOR CAT. 1 N / A MPG MANE 1.000 18,876.25
CITY 1 96265
7 WHOLESALE TRANSMISSION
f
•
s i
i ~
P 08 TOTAL s 18,976.25 S`.
MD TOTAL s 18,876.25
> OR
• 01 610 132 1032 5650 8587 18,876.25 •
II
t ,
iwm WSI AUC T*d' I Terms • NH 30 ►r^, .a... s.,t
Sei4 wisisd Iretke w+th 6*141114 OW. ; 4. Sh" itsrectis,ts- F.01 Otsttm6aa w#pW r... w.. . ,.,t
sill M Accaarts ?"&w S. NO tdetl w suet uks 7t Ad N Wc14It4
r sq rtsta_-..
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r
PlJAC11ASE ORDER NO: U102S THIS IS A XXX
INs mrber rrusl appear on an CONFIRMING ORDER
maces, d0very sips, cams, (IF MARXEDI
stns, Mo:4s, paclhg sips rd Wlf.
DO NOT DUPLICATE
Ray No B,d No: Duty 30 27 97 Papa Na 01
CITY OF DENTON TEXAS
PI/RCHASNG OMSKW 1 901-8 TEXAS SCREE} I DENTOK TEXAS 75201-4354 '
9401349-7100 D/FW METRO 817/267-0042 FAX 940/349-7302
VENDOR CENTRAL POWER L LIGHT CO. i
NAME/ ATTNs CSWS TREASURER OEIIVfRY CONFIRRATION ONLY C13
ADDRESS P 0 BOX 21928 ADDRESS UTILITY ELECT ADM, SERVICE CTR
TULSA OK 74121-1728 901 8 TEXAS ST m
DENTON TX 76201
VENOGR NO. CENS3015 DELIVERY "TED 11 18 97 FOB DESTINATION aiJ!'ER DH TERA15
^4r Warm ",...~a 11 .r- MQW
001 18515.25 $S VENDOR CAT. / N / A MFG NAM8 1.000 18,515.25
CITY 1 96285
WHOLESALE TRANSMISSION
P GE TOTAL t 18,515.25
GR ND TOTAL s 18,515.25
0 01 610 132 1032 5650 8587 18,515.25
END011 WSTRUGTl0NS, 1 tams • Net It fr., .w.~. r.wwl
Saw W *w inveks *A It ksft oft 4 SsMpiry wwwctiws: F,OB. Datiueeiw prase" u.r.h .a.... w..,r
7wAk S. W le4ras r stay s*1 bA std M iacMr4d
Dill b Accowts
WK" St I a prices 4net ~~ici,snM± 17wrswat t 4
215 Etll 11711 4719.._ _ Pllr0"SM10 '
J 4 l: ~Y ~r iy,;} f~~~"~` " ♦'t r ""'y~~♦,
• - 1. f'~: , R, 1 , ~ Y. A
,e
. ti.
PURCHAS3460f 1 11102!, THIS IS A xXX
COWIRMO G ORDER Ifl
firs rxxrdna rrrusl 4"w two all
nvo.ces" detlwef sips. Cases. (IF MARNEOI .
cLns, boxes. packing sips and bft DO NOT DUPLICATE
' I
Rea flo: Hid Na 0419 10 27 97 Page No. 01 4
CITY r
PURQiASNfi DfVIS10N 1 90~ 5TFtEEl TDEN`OR TEXAS 7620t-4354 1-0 TEX 9401349-7100 DIFW METRO 817/767-0042 FAX 940/349-7302
.VENDOR HOUSTON LIGHTING i POWER
NAME/ P.O. BOX 1700 DELIVERY COMFIRMA710M ONLY C13
AGGRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR
HOUSTON TX 17251 901 B TEXAS ST
DENTOM TX 76201
VENDOR 110, HOU49000 DFLI4ERY OUOTED 11 18 97 FOE DESTINATION BUYER DH TERMS
NAM
1000t, 119932.75 SS VENDOR CAT. 1 N / A MFG NAME 1.000 119,932.75
CITY 1 96285
WHOLESALE TRANSMISSION
j
P GE TOTAL t 119,932.75
GR UD TOTAL t 119,932.75
D 01 610 132 1032 5650 8587 119,932.75
J it
EHOOR P151R _I1. CTX1ftS . . I 3. Tans - !kt 30
Send srwtif Nnkr mite ollmok to eN1. 1 4 SM+piy m ecsigt FOI. Detln,atiM ot"W na , +.+I . .
LN to Accaasrq Pryrdse ( S. No ftdad er lute sales Iq sting N Yretedel
715 F. W St so piers 6ow
0eata6 Tll 11-12!! PURGiASNI(i
•r'I~' rcy~..f ~r 'r A, ii.'.
• ~ r ,r#t tr? `~~~:•t':. -if`'t ~~f ~V': >r~ fit I,I
r
, r
i
ar
.
Ul0'Lf
PURCHASE ORDER NO
Ihs wiibn cnusl JWam a) aG IaNFU7uoc ORDER
nVaKes. Oewwr slope. cues. OF AMARKEDi I------ .
ctns, boxes. packkV slops rid bd1s. l
DO NOT DUPLICATE
Rep NoBi0 Na Oae: 10 [7 97 Pape No. 01
KW-W.sSN4 o~oTM/1901 OF TEWSSON ~X~SEMS 76201-4354
9401349-7100 DffVV METRO 817/267-0042 FAX 940/349-7302
VENDOR PUBLIC UTILITY BOARD
NAME/ OF CITY OF BROWNSVILLE DELIVERY CONFIRMATION ONLY C13
ADDRESS P O BOX 3270 ADDRESS UTILITY ELECT ADX, SERVICE CTR c
BROWNSVILLE TX 78520 901 B TEXAS ST
DENTON TX 76201
VENDOR NO. PUBS5010 DELIVERY OUOTEO 11 18 97 FOB DESTINATION 81J1'ER DH TERMS
001 281.00 VENDOR CAT. # N / A NF0 MANE 1.000 281.00
CITY # 96285
WHOLESALE TRANSMISSION
P 0E TOTAL 1 281.00
0R ND T07AL 1 281.00
0 01 610 132 1032 5650 8587 281.00
-
IND011 NS1MK110f1t s, TOM • NO 34 r`r,. r.... "A"3
Seel 1r*w M+sin "oh IgiluA aPI• f ~ WMstKvIW sF DA 1a nommuo W ak6w &ww wul
Bdl M Iss s EE "w rA j In Rws M41
D"10% T% 112i1.11N . ».1 PURCIASW
"t 'fit S[~ ~ ~i. ,i i .•,.~.L J~i4 '!f T -'Vli~• ,.c
xx
ePURCHA ORDERx on Of +H J 02H - _ _ 'SI X
ORDER I1fI
es Hr L_
ctns,, bo=►t. P«lirv slcs erd tips DO HOT DUPLICATE
R04 Na Sid Na "e: 10 27 97 Pa" No. 01 l
OEN MACHASOC (AW90NN /1901 a TEXAS 50Nf TEXAS TEXAS 75201-4354
9401349-7100 D4W I+ETRO 8171257-0042 FAX 9401349-7302
VENDOR TEXAS UTILITIES ELECTRIC CO.
NAME/ 1601 BRYAN STE 36-058 DELIVERY CONFIRNATIO■ ONLY C13
AXRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR ,r
DALLAS TX 15201 901 8 TEXAS ST
DENTON TX 76201
VENDOR NO. TEX95605 DELrYERY OIIOTEO 11 18 97 FOB DESTINATION 8UYER DH TERMS
001 226778.50 SS VENDOR CAT. # N / A XFG MANS 1.000 226,718.50
CITY i 95285
WHOLESALE TRAKSNISSION
k
P GE TOTAL t 226,776.50
GR ND 'TOTAL t 226,778.50
• 01 610 132 1032 5650 8587 226,778.50
1
JWM 04TRAT*d 1 team • Mel 14 wr l
Sent W *w Melee Md 604eete to". 4. So OF .steete,a F.01. Detb&"O /W W w.., r.~..i
' it1.. _ S. me ltdoll of sowe ides Ma shell be *ww
Y
6ilf 5 AcceEinil rr
11 e,M Sc M prices bAet C Nan ,
Getiw Tll .74 PURCHAS'INO
~71211.41l1,
J J
• rr r.:. l ~t R~ J, ~ ~p„~'~ 't ,t}~t' Y setyT ~+~tia.~lrt~';:~ i.~~~' jf", i1~~f~~~r~ f e "~'~r
i
CITY Of DEN 7M% TEXAS MUNICIPAL BUILDING • 215 E M6KINNEY • DENTON, TEXAS 76201
(817) 566.8200 • DfW METRO 434.2529
!~l~RI11iD1Ad '
TO: Ted Benavides, City Manager
FROM: Sharon Mays, Director of Electric Utilities sCl
DATE: November 14, 1997
SUBJECT: Wholesale Electric Transmission Charges for Fiscal Year
1996
Last year, the Public Utility Commission of Texas (PUCT)
implemented a statewide wholesale electric transmission payment
mechanism that required all users to pay for the use of
transmission assets owned by other transmission providers. The
City of Denton is required by law to pay other electric utilities
for transmission service used by Denton, and other utilities pay
Denton for the use of Denton's transmission system. Payments are
made to cover Denton's share of normal wholesale transmission use
as well as the city's share of planned and unplanned transmission
losses.
The first quarter estimate of wholesale electric transmission
payments is $434,430, and will require City Council approval of
nine separate purchase orders to cover payments to individual
electric transmission companies. These transmission expenses will
be offset in part by first quarter wholesale transmission revenues
forecast at $364,3f4
~f
The fiscal year 1998 budget contains a total of $2.558 million to
pay Denton's wholesale transmission costs for service from the
nine electric transmission providers. Wholesale transmission
revenues are forecast at $1.458 million for the year and will be
received from over 30 other companies.
\\DENCOM\SYS\FINANCE\WP\E\ELECTRAN.DDC
"Dedicated to Quality Service"
A,If
~ ~ _ _ _•w ,rQ'~+s C~~t r'Y,Y 1~37
•d 4y ~ ~<i ~`l^~~~a ~zia~ jt, ~sd ~r~~~L~~~'~t,~tV~.~C'! I~~7 .t,°~~.a~~.i~ R~''~r ;m
~.rii.rr! a. I n~~lni•`n_~~i7rli c.~-~ - -
i
r
Agenda No.
CITY COUNCIL RF_.PORT Agenda Bern _
`1p-92
Date
TO: Mayor and Members of the City Cour!cil
FROM: Rick Svehla, Deputy City Manager
DATE: November 18, 1997
SUBJ: lonsider approval of an ordinance of the City Council of the City of Denton, Texas,
droving guidelines for operation of the City of Denton Homebryer Assidam" Program
d eligibility criteria; authorizing expenditures in excess of $ 15,000 for projects meeting
program guidelines and criteria; and providing an effective date.
RECOMMENDATION:
Staff recommends approval of this ordinance.
BACKGROUND:
1. Program and Action Requested
The Homcbuyers Assistance Program (FLAP) has been in existence since 1992 and provides
homeownership opportunities for low and moderate income households. The program assists
eligible houuFalds with down payment, eligible closing costs and gap financing to purebase an
affordable house. The assistance is provided to the home buyer as a secured forgivable second
loan at W/. interest for 5,10 or iA' years and forgiven on a monthly basis. The term of the loan
is based or he loan amount to the home buyer.
Previously, the maximum loan per household was $14,900. This year an additional $5,000 per
household is available from the Federal Home Loan Bank of Dallas, thus making the maximum
loan amount per household 519,900 for a tens of twenty (20) years.
Approval of this ordinance adopts the Homebuyer Assistance Program guidelines and authorizes
program expenditures in excess of 515,000. City Council will not be required to approve
individual program expenditures.
H. Funding Sources
• The 1997-98 grant year funding award for the Homebuy er Assistance Program is $241,832 from
CDBG. All 199697 program funds are expended. An additional S 150,000 for the program was
awarded by the Federal Home Loan Bank (FFILB) of Dallas to provide gap financing of a
maximum of $5,000 per low income home buyer. No general fund dollars are included in this
program.
Ill. Eligibility •
To be eligible for participation in the Homebuyer Assistance Program, prospective home buyers
must meet all of the following criteria:
A. Live or work in the city limits of Denton.
B. Anticipated household income cannot exceed Wls of the area median incom.
Page
r
• t ` { , , F,,11
'14A .
•
Report Format
November 18, 1997
Page 2 {
C. First-time homebuyer.
D. occupy the home as their primary residence during the term of the loan 5, 10 or 20 years.
E. Qualify for a mortgage loan offered try a Participating Lender.
F. Liquid assets not in excess of 55,000.
G. Attend the homebuyer education program provided by Consumer Credit counseling
of North Central Texas, Inc.
IV. ProcesslParticipants
To receive assistance from the Homebuyer Assistance Program, a prospective buyer selects and
contacts a lender from the list of HAP Participating Lenders. The HAP Participating Lenders are
listed on page 12 of the attached guidelines. The list includes local banks, savings and loans, and
mortgage companies that have agreed to comply with the program guidelines and market it
affirmatively.
The Participating Lender will determine for the homebuyer the actual size of the mortgage the
buyer can afford and preliminary eligibility for the HAP program. The prospective buyer can
select to work with a realtor to find and enter into a contract for their home based on their loan
pre-qualification. Assistance can be provided on units located within the city of Denton, with a
sales price that does not exceed $75,000. Once the homebuyer obtairts preliminary ban approval
and enters into a purchase agreement, the Participating Lender submits an application to the
Community Development Office. The Lender will process all of the necessary paperwork for
the homcbuyer to apply for the HAP program.
Community' Development Division staff reviews the application to ensure that the applicant and
property, meet program eligibility requirements. The lender, home buyer and title company are
notified of the amount of HAP assistance. The maximum amount of assistance is $19,900 which
includes $5,000 from FHLB funds.
An independent home inspection of all major systems and items will be conducted on all
properties by a State Licensed Home Inspection Company. Assistance will not be provided to
facilitate the purchase of a substandard property. The Community Development Inspector
reviews the inspection report and will determine if any repairswill be required. HAP assistance
is contingent on the completion on all required repairs.
i l IAP participants must occupy the home as their primary residence for 5, 10 or 20 years. The l
term of the occupancy requirement is based on the amount of HAP assistance. A prospective
buyer is also required to attend the bomebuyereducation program "Successful Home ownership"
provided by Consumer Credit Counseling of North Central Texas, Inc. The workshop is [IUD
approved and meets Fannie Mae guidelines for home buyer education.
• V. Intended Results
the Homebuyer Assistance Program anticipates providing down payment, closing costs and gap
financing to forty (40) qualified home buyers to purchase affordable homes within the city of
Denton. This is based on an average assistance amount of $9,795.80 per household.
Page 2
i
' T',• .....~~~•ct:il:'va-.:..t~:.~i:~'i~s+<.FSa.c..e..vnr err.raavasutroc.~2M.wa~f`s'Satnavn
Report Format
November 18, 1997
Page 3
The City of Denton Homebuyer Assistance Program Guidelines set forth eligibility criteria for
expending Federal grant and FHLB funds. These guidelines adhere to the rules and regulations as set
forth by the U. S. Department of Housiog and Urban Development (HUD) regarding property eligibility
and eligible incvm ranges. Criteria for monitoring and approving applicants and project expenditure
are defined in this program's guidelines.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED;
The Community Development staff' will administer this program in compliance with Federal
regulations.
FISCAL IMPACT:
Program funding was included in the 1997 Community Development Action Plan for housing and
community development approved by City Council on June 3, 1997.
Respectfully submitted:
LZA
Rick Svehla
Deputy City Manager
Prepared by:
Luisa Rodriguez-Garcia
Planning and Development/
Community Development Division
Approved:
l !
r V i
avid % Hill, A[C ASL,A
Director Planning & Development
i
Attachments:
Copy of Ordinance I
Copy of Homebuyer Assistance Program Guidelines t
Page 3
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ORDINANCE NO,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AP-
PROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER
ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPEND[- I
TUBES IN EXCESS OF 515,000 FOR PROJECTS MEETING PROGRAM GUIDELINES
AND CRITERIA; AND PROVIDING 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 Homebuyer Assistance Program admin-
istered by the City of Denton Community Development Office and funded thr-ugh 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 Co.',^ril upprove5 the Homebuyer Assistance Program
Guidelines and Program Eligibility Criteria which is attached hereto and made a part of this or-
dinance for all purposes as Exhibit "A" and authorizes the city of Denton Community Develop-
ment Office to administer this program.
SEM ION 11. That the City Council authorizes the expenditure of funds in excess of
515,000 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 immediately upon its passage
and approval.
PASSED AND APPROVED this the day of_ 1997
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTj!Y, CITY ATTORNEY
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COMMUNITY DEVELOPMENT OFFICE
CITY OF DENTON
I00 WEST OAK, SUITE 208
DENTON, TX 76201
(940)349-7726
1997-98
HOMEBUYERS ASSISTANCE
PROGRAM GUIDELINES
{HAP}
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Guidelines Page I of 12
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PROGRAM GUIDELINES
TABLE OF CONTENTS
Page Number
1. PURPOSE 3
11. WHO QUALIFIES FOR ASSISTANCE? 3
lll. WHAT TYPE OF HOUSE QUALIFIES? 4
IV. WHAT COSTS WILL ILJiP COVER? . 4
V. LEVEL OF ASS1S'fANCE S
VI. THE EARNEST MONEY CONTRACT 6
Nil. GOOD FAITH ESTIMATE 6
VIR HAP PACKET AND APPROVAL 7
IX, HAP COMMITMENT 8
IX. APPENDICES '
• QUALIFYING INCOME LIMITS AND RANGES . . 9
• • SECTION S INCOME GUIDELINES
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• CURRENT LIST OF PARTICIPATING LENDERS 12
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Guidelines Page 2 of 12
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1. PURPOSE
Families from all wanes of life qualify for a mortgage loan to finance the purchase of existing houses.
However, these same families are often unable to save the money needed for the down payment, closing costs
and prepaid taxes and insurance. The City of Denton's Homebuyers Assistance Prcgram (HAP) provides part
of this necessary financing as a secured forgivable second mortgage loan at 0% interest for 5, 10 or 20 years.
The City of Denton will forgive the we on a monthly basis. HAP, funded by federal grants from the
Department of Housing and Urban Development, accomplishes two objectives-providing home ownership
opportunities for low and moderate income families and builds stronger neighborhoods.
Policy clarifications or general questions should be addressed to the Community Development Office at I00
West Oak, Suite 208, Denton, Texas 76201 orb), calling (410) 349.7726.
If. WHO QUALIFIES FOR ASSISTANCE?
To be eligible for participation in the Homebuyers Assistance Program (HAP), buyers must meet 011 of the
following criteria:
I . Participants mast either live or work in the city of Denton
2. Participants cannot exceed WK of the area median income
(See page 9 for Qualifying Income Limits). Household income is decided by current HUD Section 8
program standards and includes the income of ail persons in the home who are over the age of 17.
(See page 10 for Section 8Income Guidelines)
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3. Participants must be first-time homebuycrs, The following will be considered first-time horrebuyers:
a. Participants who have not owned a home in the past three years,
h. Participants who are displaced single parents,
c. Participants w'ro own or owned a substandard mobile home. Community Development Inspector will
determine the condition of the mobile home.
4. Participants must occupy the home as their primary residence during the term of program assistance. The
HAP second lien contains a due in full and paya ble/acce It ration clause in the Went of sale.
5. Participants must meet the eligibility requirements of the mortgage program offered by a Partieipatlog
Leader. The interest rate on the mortgage loan cannot exceed the prevailing market rate. See page 12 for
a list of current Participating Lenders.
• 6. Participants may not hold liquid assets in excess of $5,000. Liquid assets are assets that can be readily
con cried to cash and include such assets as cash, checking and savings accounts, certificates of deposit,
money market accounts, stocks, bonds and profit sharing accounts (if funds can be withdrawn without a
penalty). Note: Any sum over $3,500 to the maximum of $3,000 must be pledged by the participants for
closing costs, prepaids and down payment.
• 7. Participants must attend the homebuycr education program "Successful Home Ownership" provided by •
Consumer Credit Counseling of North Central Texas, Inc. The workshop is HUD-approved and meets
Fannie Mae guidelines for home buyer education.
Guidelines Page 3 of 12
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111. WHAT TYPE OF HOUSF. QUALIFIES?
1. The house to be purchased mu.;t bean existing residential property, located within the Denton city limits.
The maximum sales price of the house to be purchased shall not exceed 575,000.
2. The property to be purchased must be safe, decent and sanitary. Assistance will not be provided to
facilitate the purchase of a substandard property. An independent inspection of all major systems and
items that may affect the health and safety of the occupants must be conducted on the property by a State
Licensed Home Inspection Company. Community Development Staff will review th- inspection report
and will determine if any repairs will be required. HAP funds will not be released until ell the items of
concem have been adequate l), addressed.
3. It is recommended that the house contain adequate number of bedrooms.
Maximum # of Suggested # of Maximum # of Suggested # of
LU94 1Mbers _Bedrooms Family Members Bedrooms _
I 0lEf iciency 8 4 Bedroom
2 1 Bedrooms to 5 Bedrooms
4 2 Bedrooms +10 6 Bedrooms
6 3 Bedrooms
4. Any structure built before 1978, where a child of six (6) years of age or younger will reside, must be free
from lead based paint. All sales contracts for property constructed poor to 1978 must be subject to Leads
Based Paint )I.alth Hazards Addendum.
5. NOTE: The City of Denton will not assist in the purchase of a house that i-.:ing rented unless either
of the following conditions exists:
a. The buyer and renter are the same.
b. Prior to leasing and occupying the property, the renter received written notification of the possibility
of the property being sold and that relocation assistance would not be provided.
IV. WHAT COSTS WILL HAP COVER?
I. C s*mor & Prepalds: HAP will only assist will Borrowers closing costs. If the maximum
allowance is not used for a particular item, funds cannot be used to finance other eligible items over the
amounts specified. In such cases whero certain items cannot be covered through HAP, the buyer will be
responsible for those closing costs. All of the following closing costs arc eligible for financing, to some
degree, through FIAP:
• application fee • credit report fee • lender's inspection fee
• loan origination fee • settlement or closing fee • document preparation fee
• title insurance • courier fees • recording fees
• title search appraisal fee • survey fee
• attorney's fees other similar items
• Limitations on Closing Costs & Prep i • •
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• 30 Days Interest -A full 30 days interest is provided.
• 14 Months Ffa?ard Insurance
Guidelines Page 4 of 12
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Three (3) Months Property Tares - a full three (3) months tares are provided. If the actual takes for
a three (3);ronth period are less than the amount provided, the excess funds may not be escrowed for
additional tares. It is the responsibility of the purchaser to pay for any taxes above the three (3) months
provided under the program.
Inspection fees: $100 for an Independent Home inspections; $50 for lenders reinspection after repairs
have been completed; $75 for a Pest Inspection; $350 for a learl-based paint assessment and inspection.
2. Down Payment: Up to 50"/. ofthe MINIMUM down payment required by the Participating Lender based
on the sales price. In some instance, a mortgage loan does not require a down payment, however, under
the Ilomebuyers Assistance Program a minimum of $250 is required as down payment from the
homebuyer.
3. S?ap FismndaS4 Additional funds maybe available to help homebuyers whose income does not exceed
65% of the area median income (Seepage 9 for Qualif) ing Income Limits) and meet gap criteria. These
funds are distributed and approved by the City. GAP Financing is not meant to be used as a cushion factor
to make the loan more appealing to the purchaser or mortgage company. It is only available when the
action is necessary for the participant to qualify' for a mortgage loan. Gap financing can be used for the
following situations:
A. Assist in the difference between the sales price of the house and the maximum loan the buyer can
afford.
B. Assist pr ticipants to buy down the interest rate in order to make the mortgage payment affordable
C. Assist home buyer with mortgage principal buydowm in order to make the mortgage payments
affordable.
If ow to Apply for GAP Funds: The mortgage company's cover letter transmitting the application
package must indicate the following information:
A. The amount and purpose of gap funds needed by the Bayer.
B. Explanation on how the additional gap funds will assist the buyer.
C. A detailed explanation from buyers justifying the need for gap financing.
1 V. LEVELS OF ASSISTANCE & OCCUPANCY REQUIREMENTS
• 1. Moderate lacome Heath" - Maximum 55,000 - 5 years
Homebuyers whose antic 'patcd gross annual household income falls between 80% and 63% of the area ~
median family income limits can qualify for a maximum of 55,000 for half of the minimum down payment
f and eligible closing costs (See P;Be 9 forQualihing Income Limits). Participants must occupy the home
as their primary residence for five (5) years.
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• 2. Low Income Households - Maximum S10,000 - 10 yeah • •
J 1lomebuyers whose antic jpatCd gross annual household income falls between 65% and 50°/. of the area
median family income limits can qualify, for a maximum of $10,000 for half of the minimum down
1 payment, gap financing and eligible closing costs (See page9 for Qualifying Income Limits). Participants
must occupy the horse as their primary residence for ten (10) years.
Guidelines Page 5 of 12
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3. Very Low income Households - Maximum 319,900 - 20 yeah
Homebuyers Abow anticipated gross annual household income falls at 50'/e or below of the area median
family income limits can qualify for a maximum of $19,900 for half of the minimum down payment, gap
financing and eligible closing costs(See page 9 for Qualifying Income Limits). Maximum HAP assistance
includes $5,000 in Federal Home Lmn Bank Funds. Participants must occupy the home as their primary
residence for twenty (20) years.
VI. THE EARNEST MONEY CONTRACT
1. The contract must show an interest rate not to exceed the prevailing rate.
2. All contracts must be subject to a Property Condition Addendum (PCA). The Earnest Money Contract
must call for an irdependent inspection of all major systems and items that may affect the health and safety
of the occupants. The independent inspection must be completed by a State Licensed Home Inspection
Company. Community Development Staff will review the inspection report and will determine if any
repairs will be required. HAP funds will not be released until all the items of ccxtcem have been
adequately addressed.
3. Under Special Provisions it must be annotated that the contract is subject to the Bu)vr qualifying for HAP
assistance.
4. Addendum to Sales Contract I Lead-Based Paint Hazards Notification is required for property constructed
prior to 1976. According to the addendum, a buyer has the option to conduct a risk assessment or
in ;pection forthe presence of lead-based paint hazards. If the buyer is to pay for the assessment, this fee
can be reimbursed under HAP should the loan be approved by the lending agency.
5. Contracts must be propefly endorsed by Seller(s) and Purchaser(s). Any changes to the contract must be
dated and initiated by both parties.
6. Broker's name and address are required along with selling agent's name and telephone number.
7. In some instances, the appraised value of the home will not support the loan A change in contract price
may affect the HAP benefit level. The mortgage company must submit a letter indicating the new sales
price along with an adjusted Good Faith Estimate (GFE).
VII. GOOD FAITH ESTIMATE
I . If, after issuing a commitment, the purchaser changes mortgage companies, we require a letter of transfer
and a revised GFE from the new participating lender. r
• 2. Discount points should be paid by Seller wfien at all possible. Discounts points arc an eligible costs under • •
gap financing.
3, Most lending agencies require a non-refundable fee of $300 to $490 to cover an appraisal and a credit
report. Should your loan be approved by the lending sgeney, this fee will be reimbursed under if AP. i
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Guidelines Page 6 of 12
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VIII. HAP PACKET AND APPROVAL
1. pREL tMINARY APPROVAL. STATUS: After the Participating Lender qualifxs the applicant for a
mortgage ban, the following information is the minimum that must be submitted to the Community
Development Office (See address listed below) for Preliminary Approval. Note: Items requested in #2 of
this Section (Final Approval) can also be submitted at this time if they are available.
A. Cover letter, indicating the Buyers name, property address, amovnt of HAP funds requested,
anticipated closing date and considerations for gap financing.
B. Mortgage Analysis Shect'Qualifying Sheet, copy
C. Loan Application, copy.
D. Verification of Employment, copy.
E. Most Recent Pay stubs, 2 months, copy.
F. Vf:rir"tion of Deposits, copi•
G. Most Recent Bank statemcnts for each account - two rronths, copy.
H. Filed income Tax Retums - three years, copy. If an income tax return was not filed, a notarized kner
is needed certifying that a return was not filed.
1. Additional Verification of locome, if needed, copy. (Note: All sources of income included in the
Section g Income Guidelines (See page 10) must be verified in writing by the income source if
possibk.
f, Signed HAP Acknowledgment Form.
2. FINAL APPROVAL STATUS: The mortgage company and buyer will receive final approval status when
the following data has been received and approved by the Community Development Office-
A. Approval letter for mortgage loan;
B. Home buyer certification of completion of "Successful Hotne Ownership Workshop" provided by
• Consumer Credit Counseling.
B. Earnest Money Contract with appropriate addendums.
C. Good Faith Estimate;
D. Final Settlement Statement; j _
• E. Title Policy, ( after closing). A Commitment for Tiik Policy is also acceptable. [ • •
F, Wiring instructions.
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F. Independent Home Inspection Report, copy;
G. Property Survey;
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H. Complete Appraisal Report;
I. Copies of prepaid receipts for expenses paid outside of closing for reimbursement (e.g., appraisal,
credit report, independent home inspection and pest inspection fees).
3. The Community Development Office is under no obligation to call the participating lender or realtor to
request information needed to complete a HAP packet.
4. If, after issuing a commitment, the purchaser changes mortgage companies, we require a letter of transfer
and a revised Good Faith Estimate from the new mortgage company.
5. Should the purchaserchange properties, the information required for final approval needs to be submitted
again along with the new earnest money contract and a revised Good Faith Estimate.
IX. HAP COMMITMENT
1. Upon receipt of all Preliminary Approval Status information, the Community Development Office begins
processing the request for assistance. An outline of our functions follows:
A. Information is reviewed to ensure compklenm and accuracy and an eligibility check is performed
(income, area, affordability, availability of funds, etc.).
B. Participating Lender will receive a Notification of Preliminary Approval for approved applicants
within 48 hours. The preliminary approval will include the maximum amount of assistance, final
approval conditions and a commitment period of 90 days. The commitment may be extended for
additional time provided the buyer has an acceptable Earnest Money Contract.
2. Upon receipt of Final Approval Status infcmation, the Community Development Office Staff%ill prepare
for closing. An outline of our functions follows:
A. Review independent home inspection to ensure that all major systems were inspected and determine
if any repairs will are required. The seller and realtors must be informed of the program regulations
regarding an independent home inspection and possible repairs.
B. An environmental survey is conducted to determine if the structure is located within a clear zone of
• a civil airport or military airfield or is in a Special Fkwd Hazard Area, etc.
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C. Determine if the house has sufficient liviNVsleeping space to accommodate family.
D, Compute the amount orassistance from a final Settlement Statement and re pw:t that funds for down
payment, eligible closing costs and gap financing be wire to the title company in behalf of home
• buyer. Assistance is subject to completion of all required repairs. Plan nott: A fi°al :ettleaffeet ~ • •
ryto orovlde
sufficient dme for the City to process a wire reaneaL
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E. Notify participating lender and title company of t}te commitment. The Participating Lender and the
Title Company will receive a Scheduk of Assistance outlining the actual amount of assistance that
will be provided to the buyer.
F. Prepare Ilomebuyers Assistance Program Deed of Trust and Promissory Note for ban closing.
G. Submit legal contracLs and checks for HAP assistance to title company for closing.
QUALIFYING INCOME LIMITS FOR THE CITY OF DENTON'S
FEDERALLY ASSISTED PROGRAMS
Income eligibility for HAP is determiried in accordance with income figures from the HUD list of income figures
from the Dallas SMSA, which includes the City of Denton. Participant income is calculated using Section 8 income
definition.
Family Moderate Income Low Income Very [ow Incoma
Size 800/. - 66% AMI 65% - 51Yo AMI 5t3'/9 & Below AMI ~
1 $29,300 . $23,791 $23,790 - $18,301 S I8,300 - OR BELOW
2 $33,450- $27,171 $27,170- $20,901 $20,900.OR BELOW i
3 $37,650 - $30,616 $30,615 - $23,551 $23,550 - OR BELOW
4 $41,850 - $33,996 $33,995 - $26,151 $26,150 - OR BELOW
5 545,200- $36,726 $36,725.1'8.251 $28,250.OR BELOW
6 $48,550 - $39,456 $39,455 - $30,, ' 1 $30,350.OR BELOW
7 $51,900.542,186 542,185-$32,451 $32,450-OR BELOW
8 $55,250 . $44,851 514,850 - $34,501 534,500 - OR BELOW
NOTE:
I . All income received on a regular basis must be divulged and verified whether or not it Is to W a nsWered
as a basis for preyikvment of the primary Ioae.
2. Any property owned by participant will be included in income calculations based on its income potential.
3. Co-borrowers/co-mortgagors must meet all HAP eligibility criteria (must not own residential property, gross
income when combined with principal borrower's must be within limits, must occupy the home, etc,)
4. Do not count the following households members in determining family size for HAP Income Limits purposes:
• foster children, live -in aides and children of live-in aids; unborn children; and children being pursued for kgal • +
custody or adoption, who are not currently living with the households. A child who is subject to a shared-
custody agreement in whkh the child resides with households at lease 50 percent of the time can be counted.
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Guidelines Page 9 of 12
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HOUSING AND URBAN DEVELOPMENT
SECTION 8 INCOME REQUIREMENTS
A. Income Inclusions
I. All wages and salaries, overtime pay, commissions, fees, tips and bonuses, and otter compensation for
personal services (before any payroll deductions);
2. Net income from the operation of a business or profession. Expenditures for business expansion or
amortization of capital indebtedness cannot be used as deductions in determining net income; however, an
allowance for depreciation of assets used in a business or profession may be deducted, based on straight line
depreciations, as provided in Internal Revenue Service regulations. Any withdrawals of cash or assets from
the operation of a business or profession is included in income, except to the extent the withdrawal is
reimbursement of cash or assets invested in the operation by the Family;
3. Interest, dividends, and other net income of any hind from -eal or persona[ property. Expenditures for
amortization of capital indebtedness cannot be used as a deduction in determining net income. An
allowance for depreciation is permitted only as authorized in paragraph (2) of this section. Any withdrawals
of cash or assets from an investment will be included in income, except to the extent the withdrawal is
reimbursement of cash or assets invested by the Family, Where the Family has Net Family Assets in excess
of $5,000, Annual Income includes the greater of the actual income derived from Net Family Assets or a
percentage of the value of such Assets based on the cuneni passbook savings rate, as determined by HUD;
CURRENT PASSBOOK RATE IS 3.3%,
4 All gross periodic payments received from social security, annuities, insurance policies, retirement funds,
pensions, disability of death benefits, and other similar types of periodic receipts, including lump-sum
payment for the delayed start of a periodic payment (except Social Security);
5. Payments in lieu of earnings, such as unemployment, workers compensation and severance pay (but see
paragraph(3) under Income Exclusions);
6. Welfare Assistance. If the Welfare Assistance payment includes an amount specially designed for shelter
and utilities that is subject to adjustment by the Welfare Assistance agency in accordance with the actual
costs of shelter and utilities, the amount of Welfare Assistance income to be includes as income consists
of:
a. The amount of the allowance or grant exclusive of the amount specially designed for shelter or
utilities; plus
b. The maximum amount that the Welfare Assistance agency could in fact allow the Family for shelter
and utilities. If the Family's Welfare Assistance is ratabty reduced from the standard of reed by
applying a percentage, the amount calculated under this paragraph is the amount resulting from one
application of the percentage.
• 7. Periodic and determinable allowances, such as alimony and child support payments, and regular • •
contributions or gifts received from persons not residing in the dwelling. Alimoey and child support
amounts awarded as part of a divorce or separation agreement are included as income unless the applicant
(1) certifies that the income is not being provided, and (2) takes all reasonable legal action s to collect
amounts due; and
Guidelines Page 10 of 12
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8. All regular pay, special pay, and allowances of a member of the Armed Formes (whether or not living in the
swelling) wito is head of the Family, spouse, or other person whose dependents are residing in the unit (but
sec paragraph 7 under Income Exclusions).
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B. Income Exclusions
I. Income from employment of children (including foster children) under the age of 18 years;
2. Payments received for the care of foster children;
3. Lump-sum additions to Family assets, such as inheritance, imuraoce payments (including payments under
health and accident insurance and worker's compensation), capital gains and settlement for personal or
property losses (but see paragraph 5 of Income Inclusion);
4. Amounts received by the Family that are specially for, or in reimbursement of, the cos+ of Medical
Expenses for any Family member,
5. Income of a live-in aide;
6. Amounts of educational scholarships paid directly to the student or to the educational institution, and
amounts paid by the Government to a voteran, or used in meeting the costs of tuition fees, books,
equipment, materials, supplies, transportation, and miscellaneous personal expenses of the student. Any
amount of such scholarships or payments to a veteran not used for the above purposes that is available for
subsistence are to be included in income;
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7. The special pay to a Family member serving in the Armed Forces who is exposed to hostile fire;
8. a. Amounts received under training programs funded by HUD;
b. Amounts received b Disabled person that are disregarded for a limited time for purposes of
Supplemental Security Income eligibility and benefits because they are set side for use carder a Plan
to Attain Sd6Sufficiency (PASS); or
c. Amounts received by a participant in other publicly assisted programs that ate specially for, or in
reirnbursemeM of, out-of-pocket expenses incurred (special equipment, clothing, transportation, child
care, etc.) and that are made sokly to allow part ic ipation in a specific program;
9. Temporary, nonrecurring, or sporadic income (including gifts);
• 10. Reparation payments from foreign governments in connection with the Holocaust;
It. Lump sum payments of SSI and Social Security benefits; or
12. Amounts specially excluded by any other Federal statue from consideration as income for purposes of
determining eligibility or benefits under a category of assistance programs that includes assistance under
the 1937 Act.
Guidelines Page I I of 12
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H kP PARTICIPATING LENDERS
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Partkipating Lenden/Addrem Contact Person/ Mortgage Translators/
Telephone Number Loans Lawnine
American National Bask Spencer Murphy RIANA/ NYA
1565 W. Main St., Suite 468, Lewisville TX 75067 (972) 221-7966 Conventional
Americas Reliance Mortgage Mike Perkins FHA/VA/ N/A
1 173 Bent Oaks, Suite IOTA, Denton TX 76205 (940) 320-1363 Conventional
CoveirywMe Home Lomas Hugh Kelly Fl0NA/ Various
2662 N. Josey Lan 0208, Carrollton TX 75007 (972) 245.2544 FNMA/FHLMC
Cain dr Co. Mortgage Plus Donna Helms Conventional/ Spanh,h
614 Edmonds, Suite 105, Lewisville TX 75067-3555 (800) 221-2509 VA
First State Bank of Texas Pat Courtney Conventional/ N/A
100 S. Locust, Denton TX 76201 (940) 381.7250 FHA/203K
First Federal Savings Bank of North Texas Danny Mitchell FHANA/ Spanish
321 W. Oak Street, Denton TX 76201 (940) 382.9676 Conventional
First Bankers Mortgage Corp. Kenneth Powell FHA/ No
303 N. Carroll Blvd., Ste. 110 Denton TX 76201 (940) 387-5660 Conventional
Gurranty Federal Bask Lisa Mesa Fannie Mae 3/2 Yes
8333 Douglas Ave., Dallas TX 75225 (214) 360-1969 Spanish
Madison Commerce Mortgage Brett Howard FIJANA/ Spanish
2430 South I-35E, Suite 218 Denton TX 76205 (940) 891-1100 Conventional
Merit Mortgage Inc. Dana Reynolds FHA/VA/ N/A
325 S. Stemmons, Lewisville TX 75067 (972) 539.6733 Conventional
Precise Mortgage Semites, Inc. Carol E. Hinton FIIANA/ N/A
1173 Bent Oak Dr. Ste. 100, Denton TX 76205 (940) 898-8066 Conventional
Reliance Mortgage Co. Richard LaBabera Conventional/ N/A
120 E. McKinney, Denton TX 76201 (940) 381-1987 VA i
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Stanford Mortgage Company Brian Wilson FHA/VA/ Spanish
2430 S. 135E Ste. 238, Denton TX 76205 (940) 484-1110 Conventional
Summit Mortgage Rend Fairchild Conventional N/A
• 519 S. Carroll Bh d., #A, Denton TX 76201 (940) 381.2523
Sun West Mortga;e Co. 1efTBendig FHANA/ N/A i
2828 Forest Lane Ni 125 Dallas TX 75234 (972) 241-7477 Conventional '
Texas Bank Jessie Rennaker FHA/VA/203K/ N/A
729 Fort Worth Drive, Denton TX 76201 (940) 3834600 Conventional
World Savings dr Loan Association Richard Hall Conventional Spanish
18333 Pre ston Rd., Ste. 188, Dallas TX 75252 (972) 380-1577 • o
J PLEASE NOTE: THIS LIST WILL HE UPDATED AS NEEDED - November 1, 1997
Guidelines Page 12 of 12
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Agenda No.~
Agenda Item
Date {
Date: November 18, 1997
CITY COUNCIL REPORT I
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: An ordinance of the City of Denton, Texas authorizing the
City Manager to execute an amendment to the Agreement Between
the City of Denton and the Denton Housing Authority relating to
renovations to the TWU C.A.R.E.S. Health Clinic Facility; authorizing
the expenditure of funds therefor, and providing an effective date.
RECOMMENDATION:
Staff recommends approval
BACKGROUND:
This amendment will shorten the term of the Agreement between the City of Denton and
the Denton Housing Authority to two years. The original agreement was executed on
July 30, 1997 and set forth a ten-year contract term. During the ten-year period, the
Denton Housing Authority accepted respow m . y for assuring the complete performance
of all services and activities by Texas Worna; ' 'niversity through TWU C.A,R.E.S.
The Denton Housing Authority has requested Lie two-year term amendment to ensure
that their financial commitment to TWU C.A.R.E.S. does not exceed current budgetary
limits. DIIA intends to continue providing a facility for operation of the clinic and
supporting its mission of health care for DHA clients and other low-income families.
Federal regulations require that a recipient may not change the use of property acquired
t or improved in whole or part using CPBG funds in excess of $25,000 without following
specific guidelines. Since this project includes only $10,000 in CDBG funds, it is not
subject to this regulation. Therefore, the term may be reduced and the project will be in
compliance with HUD regulations. The ten-year term was originally requested because it
has been the standard contract term on all CDBG•fur►ded capital improvements to non-
profit facilities.
Funds will be used to purchase cabinets that will be installed in the new health care
facility at the Phoenix Apartments. The City has received copies of the quotes taken for
• the cabinets. DHA will be reimbursed afler they have purchased the completed cabinets. ♦ •
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Denton Housing Authority
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Texas Woman's University
TWU C.A.R.E,S E~
Beneficiaries of the health care services
Community Development Division staff
SKALIMPACT:
Funds for TWU CARES renovation project were approved by city council as part of the
1996 Action Plan for Housing and Community Development. No general fund dollars
are included in the project.
Respectfully submitted:
Rick Svehla, Deputy City Manager
Prepared by:
Barbara Ross
Community Development Administrator
Approved:
i
ve Hill
i
Director of Planning & Development
Attachments:
Copy of ordinance
Copy of amendment
Copy of original contract
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON HOUSING AUTHORITY RELATING TO
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
9F ION I. That the City Manager is hereby authorized to exw.,Ie an amendment to the
Agreement between the City of Denton and the Denton Housing Authority relating to
renovations of the T WU C.A.R.E.S. to shorten the term of that Agreement from ten (10) to two
(2) years, substantially in the form of the attached Agreement which is incorporated as a part of
this ordinance as if written word for word herein.
SECTION II. That the contract term as provided in the Agreement is hereby authorized.
UMION 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
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: I
rv.ary+ctowo~a°'u:usrti~t '
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STATE OF TEXAS §
COUNTY OF DENTON §
FIRST &MENDMENT TO AGREEMENT
BETWEEN CITY OF DENTON AND
THE DENTON HOUSING AUTHORITY
This First Amendment to that certain Agreement between the City of Denton, Texas, a
municipal corporation, acting by and through its City Manager (hereinafter referred to as "City'),
and the Denton Housing Authority (hereinafter referred to as "Contractor 7, said Agreement
referred to as "Base Agreement."
WITNESSETH:
WHEREAS, the parties hereto wish to amend the Base Agreement by decreasing the term
of that agreement from ten (10) to two (2) years;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
I.
That Section 1. "Terri" of the Base Agreement is hereby amended to read as follows:
This Agreement shall commence on or about July I, 1997 and shall terminate on June 30,
1999, unless extended or sooner terminated by City. Requests for such an extension must be in
writing and is to be submitted to City's Community Development Office.
II.
That save and except as amended hereby, all the original terms a<d conditions of the Base
Agreement shall remain in full force and effect.
Y
IN WITNESS WHEREOF, this First Amendment has been executed on this the
day of 1997.
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CITY OF DENTON
IL
TED BENAV:DES, CITY MANAGER
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
DENTON HOUSING AUTHORITY
BY: t.✓ ~ w 1
ATT EST:
SECRETARY
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AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON HOUSING AUTHORITY
This Agreenent is made and entered into by and between the
City of Denton, Texas, a municipal corporation, acting by and
through its City Manager, pursuant to ordinance, hereinafter
referred to as CITY, and the Denton Housing Authority, a not-for-
profit corporation, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U.S. De-
partment of Housing and Urban Development ("HUD") under Title I of
the Housing and Community Development Act of 1974, as amended; and
WHEREAS, CITY has adopted a budget for expenditure of funds
for renovation of a building to serve as the TWU CARES health
clinic facility hereto attached as Attachment "A".
WHEREAS, CITY has designated the Community Development office
as the division responsible for the administration of this Agree-
ment and all matters pertaining thereto; and
WHEN.,".", CITY wishes to engage CONTRACTOR to carry out such
project;
NOW, THEREFORE, the parties hereto agree, and by the execution
hereof are bound to the mutual obligations and to the performance
and accomplishment of the conditions hereinafter described.
I.
TERN
This Agreement shall commence on or as of July 1, 1997 and
shall terminate on June 30, 2007, unless extended or sooner ter-
minated by CITY. Request for such an extension must be in writing
and is to be submitted to CITY's Community Development office.
II.
RESPONSIBILITIES
CONTRACTOR hereby accepts re3ponsibility for assuring the
complete performance of all services and activities by Texas
Woman's University through an entity affiliated with Texas Woman's
University, hereinafter referred to as TWU CARES (or the SERVICE
PROVIDER) and hereby guarantees performance of all conditions set
forth in Attachment "B", described in the Work Statement attached
• hereto as Attachment "B", !n a satisfactory and efficient manner as
determined by CITY, in accordance with the terms herein. CITY will •
consider CONTRACTOR's executive director to be CONTRACT'OR's
representative responsible for the management of all contractual
matters pertaining hereto, 'finless written notification to the
1 contrary is received from CONTRACTOR, and approved by CITY. CITY
understands that CONTRACTOR intends to obtain performance of the
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terms and conditions of the Agreement through a lease or subcon-
tract with Texas Woman's University which incorporates all the
terms and conditions of this Agreement.
CITY's Community Development Administrator will be CITY'a rep-
resentative responsible for the administration of this Agreement.
III.
CITY'S OBLIGATION
A. CITY shall provide funds in an amount not to exceed
$10,000 to assist CONTRACTOR in the improvements to the facility
located at 312 South Ruddeli Street, Denton, Texas.
B. CITY shall provide CDBG funding to purchase materials and
equipment to be installed in the TWU CARES Health Clinic facility.
Items purchased and installed cannot be integrally related to
construction activities (the cost of installation can be no more
than 13% of the total cost of the item). CONTRACTOR will provide
documentation that at least three bids or quotes were obtained and
that items were purchased from the vendor with the lowest responsi-
ble bid.
C. CITY shall comply with HUD office of Management and Budget
Circular A-87, A-110 and other applicable circulars. CZTY shall be
responsible for performing environmental review to insure necessary
compliances are met.
D. This Agreement and the payments made hereunder are con-
tingent upon receipt of HUD CDBG funds, and shall terminate
immediately, not withstanding the provisions of Article XV hereof,
should such funds be discontinued for any reason.
E. In consideration of full and satisfactory services and
activities hereunder by CONTRACTOR, CITY, shrll make payments to
CONTRACTOR based on the budget attached hereto and incorporated
herein for all purposes as Attachment "A", subject to the limita-
tions and provisions set forth in this Section and Section IV of
s this Agreement.
(1) The parties expressly understand and agree that CITY's
obligations under this Section are contingent upon the
actual receipt of adequate 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
this Agreement. If CDBG funds eligible for use for f
1 purposes of this Agreement are reduced, CITY shall not be l
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liable for further payments due CONTRAC OR under this
Agreement.
ts
(2) oit is bligatxes the General Fund or any other monies or credino way
of the City of Denton.
(3) CITY shall not be liable for any cost or portion thereof
which:
(a) has been paid, reimbursed or is subject to payment
or reimbursement, from any other source;
(b) was incurred prior to the beginning date, or after
the ending date specified in Section I;
(c) is not in strict accordance with the terms of this
Agreement, including all exhibits attached hereto; or
(d) has not been billed to CITY within ninety (90)
celendar days following billing to CONTRACTOR, or
termination of the Agreement, whichever date is earlier.
(4) CITY shall not be liable for any cost or portion thereof
which is incurred with respect to any activity of
CONTRACTOR requiring prior written authorization from
CITY, or after CITY has requested that CONTRACTOR furnish
data concerning each action prior to proceeding further,
unless and until CITY advises CONTRACTOR to proceed.
(5) CITY shall not be obligated or liable under this Agree-
ment to any party other than CONTRACTOR for payment of
any monies or provision of any goods or services.
Iv,
COMPLIANCE WITS STATE AND LOCAL LAWS
A. CITY and CONTRACTOR agree to perform their duties in the
Programs in compliance with the HUD CDBO regulations at 24 CFR 570.
B. CITY and CONTRACTOR agre_ that the Community Development
division of the CITY will be responsible for ensuring compliance
with all federal labor standards and wage requirements. CONTRACTOR
agrees that it will facilitate compliance with all applicable labor
standards, wage and payroll requirements. No payments of CDBO
• funds will be made until documentation of full compliance is •
received.
C. CONTRACTOR shall comply with all other applicable federal
laws and regulations, laws of the State of Texas, and ordinances of
the City of Denton.
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V.
RZPRZSZNTATIONS
A. CONTRACTOR warrants that it will provide at least a ten-
yea- lease for the property described in Article III, Section A and
CONTRACTOR agrees to allow CITY access to this site for inspection
purposes.
B. CONTRACTOR shall continle to allow the utilization of the
facility at 312 South Ruddell, Menton, Texas for a minimum of 10
years after improvements are completed to provide health care for
low income families (households below 80% of the area median
income) in the community.
C. CITY and CONTRACTOR must mutually authorize any changes or
additions to the work to be performed. Any additions or changes to
the work authorized by CITY and CONTRACTOR must be requested in
writing and approved by the CITY and the CONTRACTOR prior to
execution of the work.
D. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to a.y proper, appropriate, and official
motion, resolution, or action passed or taken, to enter into this
Agreement.
E. The person or persons 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
'his Agreement on behalf of CONTRACTOR And to validly and legally
bind CONTRACTOR to all terms, performance, and provisions herein
set forth.
F. 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
1 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. `j
o. CONTRACTOR agrees that the fund:. and resources provided I
CONTRACTOR under the terns of this Agreement will in no way be
substituted for funds and resources from other sources, nor in any
way serve to reduce the resources, services, or other benefits
• which would have been available to, or provided through, CONTRACTOR • •
J had this Agreement not been executed.
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VI.
PSRFORKA)= BY CONTRACTOR
CONTRACTOR, through itself or TWU Cares, will provide,
oversee, administer, and carry out all of the activities and
services set out in the Work Statement, attached hereto and
incorporated herein for all purposes as Attachment 'H', utilizing
the funds described in Attachment •A", attached hereto and
incorporated herein for all purposes and deemed by both parties to
be necessary and sufficient payment for full and satisfactory
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
Statement without the prior written approval of the City's
Community Development Administrator.
VII.
COVSNANT9
A. During the term of this Agreement, CONTRACTOR shall not,
without the prior written consent of CITY's City Manager or his
authorized representative, change the use, or function of the
property.
(1) The proposed change must meet one of the national objec-
tives and the Center must not be used for the general
conduct of government.
(2) If it is determined that the changes do not meet the
national goals for use, CONTRACTOR must dispose of the
property or reimburse the CITY for the total amount of
CDBG funds provided to the project. This amount may be
reduced based on the number -of years the facility
operated in accordance with the contract agreement.
H. CONTRACTOR shall comply with the uniform administrative
requirements, as described in Section 570.502 CD80 Handbook.
C. During the period of time that payment may be made here-
under and so long as any payments remain unliquidated, CONTRACTOR
shall not, without the prior written consent of the Community
Development Administrator or her 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
mortgages, liens, or other encumbrances to remain on, or
attached to, any assets of CONTRACTOR which are allocated
1 to the performance of this Agreement 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.
D. Should CONTRACTOR uce funds received under this Agreement
to acquire or improve real property under CONTRACTOR's control,
CONTRACTOR agrees and covenants:
(1) That the property shall be used to meet one of the
national objectives stated in 524 CFR 570 until June 30,
2007.
(2) That should CONTRACTOR transfer or otherwise dispose of
said property on or before June 30, 2007, CONTRACTOR
shall reimburse CITY in the amount of fair market value
of the property less any portion of the value attribut-
able to expenditures of non-:M. BG funds for acquisition
of, or improvement to, the property.
E. CONTRACTOR agrees, upon writte:.t requeut by CITY, to
require its employees tr, attend training sessions sponsored by the
Community Development Office.
VIII.
PROGRAM INCONE
All fees collected for services are considered program income,
• as described in Section 570.504 CDBG Handbook (see Attachment "D"),
and CONTRACTOR will ensure that all fees shall be retained by
CONTRACTOR or the TWV CARES Clinic facility to be used for Program
activities as previously described. Fiscal records are to be kept
and are to reflect the use of these funds.
IX. _
HAINTSKANCE OF RsCORDS • •
-
A. CONTRACTOR agreed to maintain records that will provide
accurate, current, separm.ce, and complete disclosure of the status
of the funds received under this Agreement and with any other ap-
plicable Federal and State regulations establishing standards for
financial management. CONTRACTOR's record system shall contain
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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, documents,
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, CONTRACTOR shall make available to CITY, or any of its
authorized representatives, all of its records pertaining to this
agreement and shall permit CITY, or any of its authorized repre-
sentatives to audit, examine, make excerpts and copies of such
records, and to cor-uct audits of all contracts, invoices, materi-
als, payrolls, records of personnel, conditions or employment and
all other data relating to the program requested by said represen-
tatives.
E, CONTRACTOR shall give CITY, HUD, or any of their duly
authorized representatives, access to and the right to examine all
nooks, accounts, records, reports, files and other papers belonging
to or in use by CON'PRArTOR pertaining to this Agreement. Such
rights to -.,;teas shall continue as long as the records are retained
by CONTRACTOR.
X.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR
shall furnish su:h statements, records, data and information as
CITY may requcyt and deem pertinent to matters covered by this
Agreement.
CONTRACTOR agrees to submit an audit, which shall include all
revenues and expenditures and other activities conducted by
0 independent examiners within 10 days after receipt of such. ` 0
xI.
MONITORING AND EVALUATION
A. CITY shall conduct a performance review of CONTRACTOR,
which will include activities of Texas Woman's University and TWU
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CARES, at the location set forth in Section III.A., on an annual
bash:! or as otherwise deemed necessary by CITY to evaluate
compl,Ar::e with the provisions of this Agreement as necessary in
the performance of its duties of program accountability.
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 Attachment "B", as well as other provisions of this
Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the de-
velopment, implementation, and maintenance of record-keeping sys-
tems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill its 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.
XII.
INSURANCE
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. Upon
request of CONTRACTOR, CITY may, at its sole discretion, approve
alternate insurance coverage arrangements, including, when
appropriate, evidence of adequate self-insurance acceptable to CITY
when the CONTRACTOR is a governmental entity.
B. The premises on and in which the activities described in
Attachment "A" are conducted, and the employees conducting these
activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage.
• C. CONTRACTOR will comply with applicable workers' compensa-
tion statues and will obtain employers' liability coverage where
available and other appropriate liability coverage for pro#am
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 E
license and insurance must be maintained on a current basis in
CONTRACTOR's files.
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E. Actual losses not covered by insurance ag required by this
Se^.tion 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 of change in the policy at least thirty (30) days
prior to such change or cancellation. All insurance shall remain
in effect during the term of this Agreement.
XIII.
KUAL OPPORTUNITY
During the performance of this Agreement, CONTRACTOR is
subject to Executive Order 11246, as amended, and, therefore,
agrees to the following:
A. CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
national origin, or familial status. CONTRACTOR will take
affirmative action to ensure that applicants who are employed are
treated during employment without regard to their race, color,
religion, sex, national origin, or familial status, concerning such
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
their apprenticeship. CONTRACTOR agrees to post in 'conspicuous
places, available to both employees and applicants for employment,
notices to be provided by CITY setting forth provisions of this
nondiscrimination clause.
8. CONTRACTOR, in all solicitations or advertisements for
employees placed by or on behalf of CONTRACTOR, shall state that
all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, national origin, or
familial status.
XIV.
CONFLICT OF INTEREST
• A. CONTRACTOR covenants that neither it nor any member of its
governing body presently has any intereet, direct or indirect, 1
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement. CON-
TRACTOR further covenants that in the performance of this Agree-
ment, no person havinq such interest shall be employed or appointed
• as a member of its governing body.
J B. CONTRA"'-? further covenants that no member of its
governing body - to staff, subcontractors or employees shall
possess any inte:_,t in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
Pagc ]d rAJ rAUb hildup KIn Mti«u rWWLMg )Mt 9
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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 is personal interest or the interest in
any corporation, partnership, or association in which he has direct
or indirect interest; or (2) have any interest, direct or indirect,
in this Agreement or the proceeds thereof.
XV.
NEPOTISM
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, in-
laws, aunt, uncle, nephew, niece, step-parent, step-child, half-
brother and half-sister,
XVI.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve
any political activity (including, but not limited to, and activity
to further the election or defeat of any candidate for public
office) or any activity undertaken to influence the passage, defeat
or final content of legislation.
B. None of the performance rendered hereunder shall involve,
and no portion of the funds received Ly CONTRACTOR hereunder shall
be used for or applied directly or indirectly to the construction,
operation, maintenance or administration, or be utilized so as to
benefit in any manner any sectarian or religious facility or
activity.
• XVII.
TERMINATION
A. CITY shall have the right to terminate this Agreement, in
whole or in part, at any time whenever CITY determines that CON-
TRACTOR has failed to comply with any term of this Agreement. CITY j
shall notify CONTRACTOR in writing at least thirty (30) days prior
•
to the date termination, of the effective date of such termina-
tion, and in the case of partial termination, the portion of the
Agreement to be terminated. Property shall be subject to disposi-
tion under Sections 570.503(b)(8) 6 570.504(b)(465) CDBa Handbook.
See Attachments "C" and "D".)
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B. CITY shall have the right to terminate this Agreement for
convenience, in whole or in part, with the consent of CONTRACTOR
and when both parties agree upon the termination conditions, inclu-
ding the effective date and the portion to be terminated.
C. CONTRACTOR shall have the right to terminate this Agree-
ment for convenience, in whole or in part, by written notification
to CITY, which shall include the reason for such termination, the
effective date and the portion to be terminated. If, in the case
of a partial termination, it is the determination of CITY that the
remaining portion of the award is not sufficient to accomplish the
completion of the project, CITY may require that the entire grant
be terminated.
XVIII.
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.
xlx.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTa'+CfOR's failure to timely
and properly perform each of the reyu- ants, time conditions and
duties orovided herein, CITY, withor ^liting any rights it may
otherwise have, may, at its discretio., and upon ten (10) working
days written notice to CONTRACTOR, with,'zold further payments to
• CONTRACTOR. Such notice may he giver, by mail to the Executive
Officer and the Board of Directors of CONTRACTOR. The notice shall
set forth the default of failure alleged, and the action requited i
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 t
• period, if CITY determines the default of deficiency has been • •
satisfied, CONTRACTOR may be restored to full compliance status and
paid all eligible funds withheld or impounded during the suspension
period. If however, CITY determinea that CONTRACTOR has not come
into compliance, the provisions of section XXVI may be effectuated.
Page 16 TW CAR,4 Wilding Re jtion$ PxAlrq PAC[ 11
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a
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V
XX.
PUBLICITY
A. Where such action is appropriac-L; CONTRACTOR shall pvbli-
cize the activities conducted by CONfRACTG? 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 HUD's CDBG 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
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
proposal, or contracts and any responses, inquiries, correspondence
and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt.
XXI.
YUNDINO APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
submitting any application for funding in accordance with the
following procedures:
• A. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if arty, i
of such funding on the funds and program(s) contracted hereunder. '
Such notice shall be submitted 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 descrip-
tion, and Agreement.
B. CONTRACTOR shall not use funds provided hereunder, whether
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.
Page xw CAM twllding la.w &tlonf hndtng PV2 »
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XXII.
INDEMNIFICATION
To the extent allowed by law, CONTRACTOR agrees to provide the
defense for, and to indemnify and hold harmless CITY, its agents,
employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and lia-
bility arising out of the use of these contracted funds and prrgram
administration and implementation except to the extent caused by
the negligence or the willful act or omission of CITY, iZe agents,
employees, or contractors.
XXIII.
MISC66LANEOUS
A. 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
Belo-,:
TO CITY: TO CONTRACTOR:
City Manager Executive Director
City of Denton Denton Housing Authority
215 E. McKinney St. 308 S. Ruddell
Denton, Texas 76201 Denton, Texas 76205
B. CONTRACTOR shall not transfer, pledge or ctherwise assign
this Agreement or any interest therein, or any claim arising
thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of CITY.
C. 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.
D. 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 consti-
tute or be construed in any way to he 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 omis-
sion 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.
E. This Agreement, to-lether with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, under-
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standing or other commitment antecedent to this Agreement, whether
written or oral, shall have no force or effect whatsoever; nor
shall an agreement, assertion, statement, understanding, 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 appropriate, recorded
ae an amendment of this Agreement.
F. 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 ulti-
mately responsible to HUD for matters o! compliance, will have the
final authority to render or to secure an interpretation.
G. This Agreement shall be interpreted in accordance with the
laws of the State of Texas and venue of any litigation concerning
this Agreement shall be in a court competent jurisdiction sitting
in Denton County, Texas.'
IN WITNESS OF WHICH is Agreement has been executed on this
1997.
the Q_ day of 141 PA g
CITY OF DENTON
BY:~~`~+ -
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNI R WALTERS, CITY SECRETARY
BY: ~G-- 9
APPR ED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
! BY:
DENTON HOUSING AUTHORITY
• BY: ~ r
WARREN WHITSON, CHAIR t
' DHA BOARD OF DIRECTORS' • !
1 '
ATTEST: '
SECRETARY
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ATTACHMENT A
BUDGET
Purchase of equipment and/or materials
for installation in the TWU CARES Clinic
312 South Ruddell $ 10,000
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Attachment "B"
Work Statement
Co atR*Hr _._-iion Pbwe
Construction work KiI] include the renovation of four vacant single bedroom apartments located
in the Phoenix Apartments of the Denton Housing Authority at 312 S. Ruddell will be renovated
for use as a rrurse•managed clinic. Community Development Block Grant funds will be used to
purchase and install cabinetry in the facility. Other Lnprovements necessay to renovate the
facility use a a clinic include:
Electrical Wiring: Rewiring of the four units to meet the codes and standards fir a health
critic facility.
Plumbing Services: Extension of clean-out drains, installation of water and drain lines for all
examination rooms, capping off of specific existing lines in the four unit
complex to bring up to for the new fiuiction as a clinic facility.
Heating and Air Rebuilding the heating and -~i •-condid xting systems to serve the new
Conditioning: functions of the units.
Additional work necessary to bring the sttvcture up to City of Denton Building codes and meet
other State and federal requirements may also be completed.
Much of the service and product for the renovation have been donated.
I Wit CARES CLINIC SERVICES
• TWU CARES is a nonprofit Health Center providing primary care services to the medically
under served populations of the City and County of Denton regardless of their poverty rating.
These services are not limited to medical specialty or age groups but serve individuals across the
life span. These primary care ser ices are provided in collaboration with members of the health
care comm:1nity and aDiilia,. a;crcies serving like populations within Denton County.
rw'U CARES e. ld ns Rcmvalcm FwOnj -Pre 16
Page ,Z/
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ATTACHMENT C
24 CFR 5 570.503
(a) Before disbursing any CDBG funds to a subrecipient, the
recipient shall sign a written agreement with the subrecipi-
ent. The agreement shall remain in effect during any period
that the subrecipient has control over CDBG funds, including
program income.
(b) At include provisions concerning the following items:
(1) aSpment of Work. The agreement shall include a sit description of the work to be performed, a schedule for
completing the work, and a budget. These items shall be
in sufficient detail to provide a sound basis for the
recipient effectively to monitor performance under the
agreement.
(2) Records and ReQorts. The recipient shall specify in the
agreement the particular records the subrecipient must
maintain and the particular reports the subrecipient must
submit in order to assist the recipient in meeting its
recordkeeping and reporting requirements.
(3) Program Income. The agreement shall include the program
income requirements set forth in 5570.504(c).
(4) uniform Administrative Re r m nts, The agreement shall
require the subrecipient to comply with applicable
uniform administrative requirements, as described in
§570.502.
(5) Other Program Rern!irgments. The agreement shall require
the subrecipient to carry out each activity in compliance
with all Federal laws and regulations described in sub-
part K of these regulations, oxcept that:
(i) The subrecipient does not assume the recipient's
environmental responsibilities described at 5570. r
604; and
(ii) The subrecipient does not assume thipient'
responsibility for initiating the review process
under the provisions of 24 CFR Part 52. i
(6) Conditions for-Religious Organizations Where applica-
ble, the ccnditions presctibed by NUB for the use of CDBG
funds by religious organizatio.:+ shall be included in the
agreement.
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(7)snension and Termina ion. The agreement shall specify
that, in accordance with 24 CFR 85.43, suspension or
termination may occur if the subrecipient materially
accordance
fails to comply lterminated fterm of the or convenience iin and
award may
with 24 CFR 85.44.
(8) LL,.n~rnion of Assets._ The agreement shall specify that
upon its expiration the subrecipient shall transfer to
the recipient any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to
the use of CDBG funds. It shall also include provisions t ;
to the use of CDBG funds. It shall also include provi-
sions designed to ensure that any real property under the
subrecipient's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 is
either:
(i) Used to meet one of the national objectives in
Section 570.208 until five years after expiration
of the agreement, or for such longer period
as determined to be appropriate by the recipient;
or
(ii) Disposed of in a manner that results in the recipi-
ent's being reimbursed in the amount of the current
fair market value of the property less any portion
of the value attributable to expenditures of non-
CDBG funds for acquisition of, or improvement to,
the property. (Reimbursement is not required after
the period of time specified in paragraph (b) (8)
(1) of this section.)
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ATTACHMENT D
24 CFR 5 570.504 j
(a) B9g9Xdin3Prociram Itch The receipt and expenditure of
program income as defined in Section 570.500(a) shall be
recorded as part of the financial transactions of the grant
i
program.
(b) ,sic sit` cif Program Income Received by Recipients
(1) Program income received before grant closeout may be
retained by the recipient if the income is treated as
additional CDBG funds subject to all applicable require-
ments governing the use of CDBG funds.
(2) If the recipient chooses to retain program income, that
income shall affect withdrawals of grant funds from the
U.S. Treasury as follows:
(i) Program income in the form of repayments to, or
interest earned on, a revolving fund as defined in
Section 570.500(b) shall be substantially disbursed
from the fund before additional cash withdrawals
are made from the U.S. Treasury for the same activ-
ity. (This rule does not prevent a Pump sum dis-
bursement to finance the rehabilitation of private-
ly owned properties as provided for in Section
570.513.)
(ii) Substantially all other program income shall be
disbursed for eligible activities before additional
cash withdrawals are made from the U.S. Treasury.
(3) Program income on hand at the time of closeout shall
r continue to be subject to the eligibility requirements in
Subpart C and all other applicable provisions of this
part until it is expended.
(4) Unless otherwise provided in any grant closeout agree-
ment, and subject to the requirements of paragraph (b) r f
(5) of this section, income received after closeout shall
not be governed by the provisions of this part, except
that, if at the time of closeout the recipient has
another ongoing CDBG grant received directly from HUD,
funds received after closeout shall be treated as program
income of the ongoing grant program.
(5) If the recipient does not have another ongoing grant
received directly from KJD at the time of 'closeout,
income received after clcseout from the disposition of j
teal property or from loans outstanding at the time of
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closeout shall not be governed by the provisions of this
part, except that such income shall be used for activi-
ties that meet one of the national objectives in Section
570.208 and the eligibility requirements described in
section 105 of the Act.
•
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ATTACHMENT E
24 CFR 5 570.505
I
The standards described in this section aFly to real property
within the recipient's control which was acqui-ed or improved in
whole or in part using CDBG funds in excess of $25,000. These
standards shall apply from the date CDBG funds are first spent for
the property until five years after closeout of rn entitlement
recipient's participation in the entitlement CDBG program or, with
reother reciients, until spect to which the assistance i t a the property t was closeout provided. f
the grant fro
(a) A recipient may not change the use or planned use of any such
property (including the beneficiaries of such use) from that
for which the acquisition or improvement was made unless the
recipient provides affected citizens with reasonable notice of,
and opportunity to comment on, any proposed change, and either:
(1) tThe new use of such he national objectives oin Section 570.20S as meeting one of
building for the general conduct of government; or
(2) The requirements in paragraph (b) of this section are
met.
Ib) cIf the itizens, that titeis appropriate ton change after consultation with affected
property to a use which does not qualify under paragraph (a) (1)
of this section, it may retain or dispose of the property for
the changed use if the recipient's CDBG program is reimbursed
in the amount of the current fair market valve of the property,
less any portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, and improvements to, the
property.
(c) If the changb of use occurs after closeout, the provisions
governing income from the disposition of the real property in
Section 570.504(b) (4) or (5), as applicable, shall apply to
the use of funds reimbursed.
(d) paragrthe aph reimbursement
(b) of this n secctione he property no in accordance
with longer will
be subject to any CDBG requirements.
Page 210 TWJ Cam *ullal,q 18n 600-w TuiliT4
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Agenda No.
Agenda Item
Date_ &-/8-9-7
CITY COUNCIL REPORT
TO: Mayor and Membersof the City Council
FROM: Kathy DuBose, Assistant City Managa of Finance
SUBJECT: CONSIDER k RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
e0R AN AU COMATED FLOOD WARNING SYS[EM IAM CERTIFICATES OF OBLIGATION
RECOMMENDATION:
F
Staff recommends that the City Council approve the attached reimbursement resolution. The resolution will I
allow rchbursementof project expenditures from the Geaoral Fund Balance.
)BACKGROUND:
The City of Denton is currently in need of capital funding to proceed with the installation of an automated
flood warning system. Although the Capital Improvement Plan for 1997-98 includes a bond sale in the
Spring of 1998, funds are needed prior to that sale.
Legislation now includes a provision for designation of project expenditures prior to a bond sale as
reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of $260,000 of the
General Fund Balance to be reimbursed with proceeds from the bond sak scheduled for April, 1998.
The approval of this resolution will allow the project to progress yet, does not require early issuance of debt.
PROGRAMS. DE ARTMENTS ORGRO fln AFFECTED:
The Drainage, Legal and Finance Departments of the City and the citizens of Denton will be affected.
i
FISCAL IMPACT:
This resolution will allow $260,000 from the General Fund Balance to be expended and subsequently j
reimbursed with cmificates of oblil-ation.
• i
Respectfully submitted:
Kathy
y Assistant Ci Manager of Finance
• KDAth •
. • ~..a~.%_ , r ~ , "r ;-W ml~i i l t!V.i~. •y''~ ;4~:- sl.>~
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RESOLUTION NO..
j
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR AN
AUTOMATED FLOOD WARNING SYSTEM; WITH CERTIFICATES OF OBLIGATION;
f
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Isw ) is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the design, fl
planning, and construction of the project described in Exhibit "A" hereto (the "Project'), which {4
Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the
issuance of obligations to finance the Project "Automated Flood Warning system"; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Rcuiations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Project; NOW, THEREFORE, i
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to 5260,000 for the purpose of 4}
paying the costs for the costs of the Project, as set forth in the attached Exhibit "A."
SECTION 11, That all costs to be reimbursed pursuant hereto will be design and capital
expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this 4
resolution after a date which is later than 19 months after the laler of (1) the date the
expenditures are paid, or (2) the date on which the property, with respect to which such
expenditures were made, is placed in "ice.
• SECTION IH. That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to this resolution more than three years after the date any expenditureHhich is to i { .
be reimbursed is paid. i
AFC ICON IV• That this resolution shall become effective immediately upon its.passage Sff`
and approval.
PASSED AND APPROVED this the day of .1997
JACK MILLER, MAYOR
..r,uII,zw.e~...~,~..+.+.~a.r•RAF}~S1YCiS6't1R/YiLRUS~~s,~r.rr~ww~..~.'__..-___, ._w-~~--... -
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: k
f
APPROVED AS TO LEGAL FORM: "
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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EXHIBIT A
Automated Flood Warning System - Total cost $260,000
Installation of automated flood gates at Cochin Rd, and Mayhill Rd. - $155,006
Installation of electronic monitoring and software for flood gates - S 30,000
Instalation of hardware for twelve rain and stream flow monitoring stations - $ 60,000
Rainfall monitoring equipment S 15.000
$260,000
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Agenda No, ~
Agenda item 7
Date
CITY COLHIM RFPORT
To: MAYOR AND MEMBERS OF THE CITY COUNCIL
CC: Ted Benavides, City Manager
From: Michael W. Jez, Assistant City Manager/Operations
Date: 11113/97
Re: AN ORDINANCE AUTHORIZMG THE CITY MANAGER TO EXECUTE ON BEHALF
OF THE CITY OF DEMON A I S' SANITARY SEWER EASEMENT CONVEYING TO
THE CITY OF CORINTH THE RIGHT TO USE .CU ACRE OF THE ABANDONED
RAILROAD RIGHT OF WAY TO BE USED FOR THE DENTON BRANCH RAID
TRAILS PROJECT FOR THE CONSTRUCT ION OF A SANT'ARY SEWER WITHIN
THE CITY OF CDRINTH.
RECOMMENDATION: The Parks" Recreation Department recommends the
passage of an ordinance authorizing the City Manager on behalf of the City of
Denton to execute an agreement conveying to the City of Corinth the right to use
.044 acre of the abandoned railroad right of way to be used for the Denton Branch
Ra vTrails project for the construction of a sanitary sewer within the City of
Corinth.
BACKGROUND: The City of Corinth has approved the Interlocal Agreement and
it is provided with this report Also included in this report are an exhibit drawing
and a legal description of the proposed 15' sanitary sewer easement.
•
PROGRAM/DEPARTMENT OR GROUPS AFFECTED:
Citizens of Denton, City of Denton, Parks and Recreation Department
•
.
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NoYev►IDer 13, 1197
FISCAL IMPACT:
The City of Corinth will pay to the City of Denton $1450.55 for the right of way
eg wfully Submitted,
A)
heel W. ez
Assistarri C' Ma / Operations
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iY-S tte.~~ .."''t. .AMA 19'+ -~ii~r• .n
61
FFDni LENT O N, CITY PYTOPHEY FAA NO 81738271123
:
ORDINANCE NO,
j
AN ORDINIANCE AUTIIORIZTNG THE CITY MANAGER TO E\7rCUTE ON BEHALF OF
THE CITY OF DENr'TON7 A 15' SANITARY SEWER EASEAT-NIT CON'NTYTNG TO THE
CITY OF C0RNJI1 THE RIGHT TO USE 0444 ACRE OF 711E ABANDONED RAILROAD
RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH RAIL/TRAILS PROTECT I
FOR 11fF. CONSTRUCTION OF A SANITARY SEWER H7THINi THE MY OF CORr;, iM {
TIM COUNCIL OF THE CITY OF DENTONHFREBY ORDA)NS.
SECTION 1, That the City Manager is hercby authoti:cd to execute on the behalf of the
Clty of Denton, a 15, sanitary sewer easement conveying to the City of Corinth the right to use
,0444 acre of the abandoned railroad right-of--way to be ustd for the Denton Branch Rail..firaiis
Project for the constEUttion of a sanitary sewer within the City of Corinth, a copy of such
easement being attached hereto and made a part hereof for all Purposes
SECTIQ I That this ordinance shall become effective immediately upon its passage
and approval
i
PASSED AND APPROVED this the day of 199.
)ACK MILLER, MAYOR
ATTEST"
JENNIFER WALTERS, CITY SECRETARY
F ,
APPROVED AS TO LEGAL FOIUf,
CITY ATTORNEY
HERBERT L. PRO• /
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•
•
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the City of Denton, Texas, a municipal corporation (iraritor), for and in
nsid~g~ation of he sum of [S .75 squjU foot for the property described in Exhibit "A")
W V113L a~,&r btvbllro~ S1~f50, 5-M DOLLARS to the undersigned in
hand paid by the City of Corinth, a mcipal corporation (Grantee), the receipt of which is
hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell
and convey unto said Grantee, its successor Arid assigns, subject to the reversionary rights and
privileges of Missouri Pacific Railroad Company (Railroad) and Grantor set forth in the Line
Sale Contract between Railroad and Grantor of July 2, 1993, adopted pursuant to City of Denton
Ordinance No. 93-117 and limited by 16 U.S.C. 1247(d), section 8(d) of the National Trail
System Act and subject to easements and licenses and other documents of record, interlocal
agreements and Grantee's perpetual and superior right to maintain a trail system and expand the
type and number of public utilities within Grantee's jurisdiction to maintain and operate within
the property described in Exhibit "A", an easement to construct, reconstruct and perpetually
maintain a sewer main, together with all necessary laterals, connections and appurtenances, or
authorize such construction, reconstruction and maintenance in, on, across and under all that
certain lot, tract or parcel of land described in Exhibit "A", attached hereto arid made a part
hereof by reference for all purposes.
The Grantee is acquiring this easement for the purpose of constructing, using and
maintaining a sanitary sewer at an appropriate grade and in Accordance with such plans and
specifications which will best serve the public while at the same time protecting the integrity of i
the existing railroad roadbed and accommodating the construction of the Denton Branch
RailJTrail Project as envisioned by the interlocal agreement between the City of Denton and the
• Texas Department of Transportation dated November 7, 1997 and adopted pursuant to City of
Denton Ordinance No. 95.227, `
Grantee, by taking possession of this easement (e.g. grading or tunneling the railroad
roadbed for sanitary sewer construction) agrees to comply with the following terms:
• (1) Repair, modify or reconstruct the sanitary sewer improvements (and customary uses ` • •
attendant thereto) authorized above at Grantee's expense if same is required for Grantor
(a) to comply with the interlocai agreement references in Ordinance No. 95-227 above or
any agreement between Federal or State agencies required to receive funding for the
t constriction and maintenance of the Denton Branch RaiLrrrail Project (b) to repair,
modify, reconstruct, install or construct Grantor's utilities in the easement area.
,K
w.rtw .v e1 i~1 •'LNY~f-m~M1~J~~i~~rT kdlMf~y r.~✓ a...w•.MtiY~MYY~~' , '
,
(2) Repair and restore any improvements in the easement area, lawfully placed therein by
Grantor, its agents, employees or independent contractors or by others pursuant to an
easement, agreement or license granted by Grantor or its predecessor, the Railroad, .
damaged by the negligence of Grantee or its agents, employees or independent
contractors working in the easement area with Grantee's approval, in constr k g and ;
sewer. To the extent permitted by law, Grantee agrees to i.
maintaining a sanitary
indemnify and hold harmless Grantor, its officers, employees, agents (which may inctude
the Texas Department of Transportation) and independent contractors from all claims or
liabilities due to activities of Grantee, its officers, employees, agents and independent
contractors performing work in the easement area which results from an error, omission
or negligent act of Grantee, its officers, employees, agents, and independent oorrtroctors.
Additionally, to the extent permitted by law, the Grantee shall hold harmless the Grantor,
its officers, employees, agents (TxDot) and independent contractors from any and all
expenses, including attorney fees and court costs which may be incurred by the Grantor
and the entities above in privity with Gramor (e.g. TxDot) in litigation or otherwise
resisting said claim or liabilities which might be imposed on the Grantor or those in
privity with Grantor as the result of such activities by the Grantee, its d-Scerc
employees, agents or independent contractors.
TO HAVE AND TO HOLD the above described easement, togetba with all and singular
the rights and sppurtenances thereto in anywise belonging unto the said Grantee, its successors,
and assigns forever, and Grantor is hereby bound, together with all heirs, exeartors,
administrators or successors, to warrant and forever defend all and singular the said easement
unto the Grantee, its successors and assigns, against every person whomsoever lawfully
claiming, or to claim the same or any put thereat', subject only to the rights and limitations
contained in the Line Sale Contract, the above described easements and licenses and other
documents of record, and other documents incorporated into the adoption of City of Denton
Ordinance No. 93-117.
EXECUTED this day of 199.
CITY Of DENTON, TEXAS (Grantor)
CITY MANAGER
.i
BY - `
PAGE 2
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7 12:]I FA% 6127637666 MATO\ POLICE ~01 f
STATE Of TEXAS
COUNTY OF DENTON ;
wkaftjobw Tfri~ ia•nwMt i bwbm ee, ea 66 day of
. 1997, by TED BENAVT[)B,SJ City M~ of t1a C" of T W"N
Toms, a slieipa ooopoatia kwwa to as b M as sorsoo wd adsm wion 11aa6t is
subaalbad to t11a brya 211{ i6uarm6at sd a art tia do acme vm *s rot of d6t
Grid City of DmbO96 TOM a astaidpal ooTponeioq do be Ana /alr a6rro6imd 10 porbl,• do
6aasa b!' ~pPsolr or6i~aaw of 00 C y efts A a(& Cky of Tam mW 69 be ~ d ~
um m du act of to ow City br wpow aaf oarsidantiaa mrnTs oglwd.
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wo~wueororooes,(owsrrfi.us .
LEGAL DESC#VnON
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sorb be of M Isfsnnwrrhmd MY of ""A best k" wf4M IN Mr~wrote oorttsr of s O.MM secs s+w sf w
do ftw in &W v l-A wMwr Jew Wraft, Heads N ftam OPA* CIA's ft ML 17*OOi4M of the bW
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"Wm henna to wawa be of so 76 "n am "M"tM "Mof a" of IN toil C* of Ow" Ifa16 fioAi
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14!1106 viiih ow waArly br If ft Miff Clq d 0~ Heel NWO% 15'34104 Woos, o dew" of 1044 %a te a pint
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~ /win 1 fi'34'OC East, a elKOeeo of 1 fa.34 het a tin
f)Of4T co OWN" and ewm**M 0.0444 sew of tanl
ftw" %*Wm bowd Npe to deed of Ifw 74.36!6 acre boot of bad dosnNM in *W w iM14 D~qo. LN, w s*9
in OM10fl Cernty Gnk'o'Is Me. 4741001Lf.56! d the Root hoover Rsserds d Dentin Csunnr, Tt1~
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Agenda No."
Apenda Item
Date //-/~-97 }
F
E
MY OF DENTCK TMS MUNICIPAL SUWNO DENTON, TOM 76201 ' TELEPHONE 8 7
office of if Secretary k r
f .
MEMORANDUM
DATE: November 14, 1947
TO: Mayor and Members of the City Council ,
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Corrunission Appointments
The following is a list of current Board/Commission vacancies/nominadom:
David Biles has resigned from the Historic Landmark Corunission. This is s nomination for
Council Member Cochran.
If you require any further information, please let me know. I
f
Jen Walt
• City tary
A0000GF4
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END
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FILE
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AGENDA ITEM 6
Ie'-Ia
15'-10'
_ { 6 12' IJ 6 F_ _ I2' -6' II 3
J. HOWARD
NUDELL
ARCHITECTS
,
a
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SIG AGE AREAS APPROX. AREAS
1. LINCURMEACURY ICON 113.00 S.F.
2, LMCOLN-MERCURY PYLON 75,00 S.F.
m
M
b
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4
Z-Z
UNCURY-MERCURY ICON LINCOLN-MERCURY PYIQN
SCALES 1/~ = I'-0' SCALEt r I'-O' i
•_I e
--ter
REFER SITE PLPN FOR EXTENT OF WALL CONSTRUCThn4 S- _ 1
CAST BRICK IN POURD IN PLACE CON. WALL
STAIN COLOUR TO MATCH BRICK ON BLDG.
F
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3 (NA WEEP HOLES o O'C/C
_ - - - - _ CROUM LEVEL LEVEL
ELEVATION SECTION Naga=-
Y DR WEER HOLES 0 20'C/C
~r w1
WALL SCREEN DC TAM
SCALE 1' a P-V
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EENLf#JARIfS
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a' H[+r EU - ~•.4~ gr, i a r 6' 8M oI • SQUARE CUT AT TOP C.L.OF TIE._SOUTH
TOTAL SITE AREA 5,491 ACRES uer~ WEST HE ALl FOR gpX VEA1 unman
COAT Aa E "'MORTH E'«5T PROPERTY
Ic AREA PHASE 1 3,615 ACRES ~irEAt• ~U
AREA PHASE 2 1.116 ACRES e E~pr~u a ON THE-SODUTHSIDEIOF TCUT EAST~ ppTRANSII~SSION RASE
TOW 411. ELEV. 590.92
ZONING COIIMIERCIAL DISTRICT (PD-12)
I, LAND USE M491 AC.) NEW ASO USED CAR SALES
40)' ia
FIRST FLOOR ~ ATl~w
SHOWROOM M SALES OFFICES 2641 SF.
ADMINISTRATION 2524 S.F. TEL.- SION
JJ
F ` SERVICE 9610 S.F. /
' PARTS DEPARTMENT 2731 S.F. % • \ C. All It 6
BODY SHOP 2772 S.F. i~;',
arv \
TOTAL FIRST FLOOR 20204 S.F.
ff
CANOPY AREA 3014 S.F.
PARTS MEZZANINE 1360 S.F. tt / •,/'4 RAISED PAVEMENT MARKERS
° °l~t t~ A TXDOT DETAIL RPU!U-92
!E ~ LOCATION MAP
N.T.S.
{ s PARKING REOL)IREMENTS
TOTAL SQUARE FOOTAGE = 21,644 - (SPACE PER 300 of = 72 SPACES J& 3'01'19' t~r
AR
TOTAL PARKING REOUIREO 72 SPACES ~ ~ . ~ -ate ~ ~ a..~
TOTALS VACANT
TOTAL PARKING PROVIDED = 72 SPACES
ZONED
PO-12
F,
ti0 /f
/ NOTE( //f FO / 0 11 , Ile 1. ALL DI EINSIOHS ARE TO FACE OF CURB
/ _ a
UNLESS NOTED OTHERWISE. /
a /
2. BULDNG SHALL BE CONSTRUCTED OF VARIOUS
COIIBMATIONS OF MASONRY MATERIALS.
3. PHASE IWLL_ BE MAINTAINED AS A CRASS ff
AREA UNTIL IT BECOMES DEVELOPED. *Nov /
4. ALL LAND USES UNDER THE OFFICE DISTRICT 101 AND r let ff / f LIGHTS - COMMERCIAL. OiSTRICI NCI SHALL BE PERAATTED,
TYP.
EXCEPT AS NOTED N THE ORDNANCE N0.07-C24. / / 5 /
.A /
01
OP L / • I19.
1
.41 122 18 POP mP
t t.
~I. / / • = /
TYP. lap
100,
1-1 0 s 1
.01
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/ Tsei~e'eTb1 , / ~~//wl r J` a , f + I OVERHEAD 10, 'ev / 1 4 DOOR f f
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/ / tJA` I 4 i6 I 11 R Q / dzrz~ I 1 1 OVERH1rW ,III
100 ffi~e~`~d~`° i Y 1 DOOR
{
POP P
04 1 y." / ~Y•~~ •117 ~V
/ • w' • 4, r
FUTURE W • • \ •36~ ub~ , r
USM CAR 1 ID % STORAGE
2 51 ~~l/!~. OPENS ACE 's YR
Idl-
el 031,
/ SO SLOPE `EXISTING I I \ IER; / ORAq({ E c}'J~-~ r
/ oca g~• AMT i 1 _ -
10, v • 6' SOLD ~ _ ~ ~ . '.l OR f11 Vc Tr ew.. r._ -mow. 0'Wd ear.
DARA LM / r 'i . at~`iSLt~ Y~ t . 4 1
sue- - - - -I~
T'V+
Ile CITY OF DENTON
r
Vrr of coRnTN N86'00~24110II 609,78 /
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j I I ZONED I I I ! 1 RESIDENTX
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LANDSCAPE TABULATIONS BENCIMIARKS
tfADOILL
TOTAL STREET YARD AREAL 47 400 S.F. r ~••~~s.>r a BY 01 • SQUARE CUT AT TOP CA, OF THE SOUTH Woe's I
WEST HEADWALL FOR THE BOX CULVERT UNDER
REQUIRED STREET YARD LANDaAPE AREA19.480 S.F. (2010 PROV'IDED113.000 S.F* THE AY WAR THE NORTH EAST PROPERTY
CORNER,
STREET YARD TREES REQUIRED 1 411400 a 19 TREES 128 PROPOSED TREES / 2 PRESERVED c RA ELEV, 5WO
2500 TRIES PROPOSED CREDIT (4 TREES) BH 02 - FOUND SQUARE CUT ON THE CONCRETE BASE S H14r,11,.1 f;, ON THE SOUTH SIDE
OF THE EAST TRANSWSSION
\ TOWER =IT, ELEV. 590,92
SCREENING OF STREET YARD PARKING LOTI
1- 2'CAL. TREE AND 4 EVERGREEN SHRUB' / 50 L.F. FRONTAGE
400 L.F. FRONTAGE : 8 - 217REES,32 EVERGREEN SHRUBS ALONG 1-35 111 LIVE OAK 4' CAL, 'ON
50 w
STREET YARD PAFJ(M LOT LANDSCAPE REQUIRED 15% OF PARKING LOT AREA GOSS
PROVIDED 1 7.17X (3400 S.F.) (4) OWF, BURFORD HOLLY T
ell- Ei 5 CAI. , 4OX
NON - STREET YARD PARKING LOT LANDSCAPE REQUIRED 14X OF PARK14G LOT AREA 'fl
PROVIDED 16.68%, (8737 S.F.)
(4 ADDITIONAL PROPOSED TREES) 1 1 N, 00;k (21t(YE 04
LANDSCAPED OPEN SPACEI REQUIRED 5%. PROVIDED 12% 1 C (C / 4'C4.
ti.
110f DWF, HOLLY
QAL.
PLANT MATERIAL SCHEDULE ,r
QUANTITY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPREAD NOTES
TREES
7 OIIERCl1S YIRGINIANA LIVE OAK 2' CAL.10'•12' 5'•6' FUII. NURSERY GROWN '00
10 GWRCUS VIRGINIANA LIVE OAK 4' CAL 16'•18' 6'•7' FULL. NURSERY GROWN do s L '9 MER do y -
' 13 SEA 40.
B GUERCUS SHUMAR0II RED OAK 4' CAL.16'•18' 6'•7' FULL. NURSERY GROWN COLOII b A
SHRUBS % llok~
60 ILEX CORNUTA DVF. SUFORD 5 W. 30' 24' FULL, NURSERY GROWN
BURFORD 'NANA' HOLLY riES, % /r
2220 SEASONAL COLOR 4' POTS SPACED 0 6' O.C. ftRA?Aro
BERMUDA GRASS HYOROMULCH 0 2 LB
P.L.S. J 1080 S.F.
TURFGRASS
NOTES: L
1. AN IRRIGATION SYSTEM SHALL BE INSTALLED TO
HELP MAINTAIN ALL LA 4DSCAPEO AREAS. 1 +
(1) RED OAK
2. ALL IRRIGATION CONDUITS LL CONSIST OF 0 ISO, 4' CAL 1-4' SCH 40 PVC AND 1-21 z' SCH 40 PVC. ' fs
Yy,
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EXISTING TREES J
TO BE SAVED % TURFGRASS P
110,
I
( It) AK
EXISTING TREE s TO BE SAVED /
/ j r Z 1
/ 14
4
L ~
i
%
%
r
%
/i \PHASE 2 14
/ \ /P,.
0010
~TURFGRASS + \
r I `DLIMPSTE
~C /\~3•st1 LOCAT1oN~
1 0- r" SOL >~NRY i r11L11 SOAK', ` Ir I
4'C 146 j Flo SS A {
WIT H IPHASE8 0 CONSTRUCTED ° d 0 i ,EXlJW 12'TREE 'TO SAVEQ.. i
` Cf ~t ' n l
JAI ( C' RE \ j~=a 4~ous£ p 111 ~ 1
Ole
` 11 l I TO 8E SAVED 0 1- WTM TAEI dN_n-Q('DPF PI AN
MASONRY WALL
AROUND THREE
IL 1 I l I I f SIDES UIPSTER,1 Mom!
I ( I I J BLDG. EXTERIOR. j ' I 1 1 I 1 1 1 1 ,
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