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HomeMy WebLinkAbout03-03-1998 0 i City Council Agenda Packet March 3, 1998 i --32 x p wwwwww 0 Agenda Ho,-9f ~A09 AGENDA Agenda Its CITY OF DENTON CITY COUNCIL Date ' March 3,1998 After determining that a quorum is present and tonvening in an open meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, March 3, 1998 at 5:45 p.m. In the Council Work Sessi,,n Room at City Hill, 215 E. McKinney, Denton, Texas, at which the following items will be c(nsidered: 1 r Closed Meeting: A. Consider strategy and discuss status of cat a with City Attorney in litigation styled Denton County Historical Museum, Inc..'. Denton County, Texas and City of Denton, Texas, et at., Cause No. GC-98-01.0^8•C filed in the Probate Court of Denton County, Including, but not limileJ io Issues related to allegations of breach of contract and ownership of artifact B. Conference with Employees-Under TEX, GOV'T. CODE See, 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 MEETWO OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED ME'ITING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV°P" CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETINO 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 L1MiTATrON, SECTIONS 551.071-531.085 OF THE OPEN MEETINGS ACT, + Regular Meeting of the City of Denton City Council on Tuesday, March 3,1998 at 7:00 p.m. In the Council Clambers of City Hall, 215 E. McKinney Street, Denton, Toms at which the following items will be considered: r" 1" Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -1 pledge allegiance to thee, Texas, one and Indivisible," , .t , • PRESENTATIONS/AWARDS I 2, March Yard of the Month Awards • • 3. Proclamations i ~ 4. Consider approval of a resolution of appreciation for Mark Boyd, 10 32x10 Nomad a p .sue City of Denton City Council Agenda March 3, 1998 Page 2 CITIZEN REPORTS 5, Receive a report from Rebecca Parker regarding an exception to the City ordinance to allow hay and sudan to be grown within the city limits on agricultural zoned property and to further define wildscaping within the city limits. 6. Receive a report from Nell Yeldell regarding changing addresses on property. 7. Receive a report "sing along with Ross" from Ross Melton regarding street lights. NOISE EXCEPTIONS 8. Consider a request for an exception to the noise ordinance for the Denton County Unit of the American Cancer Society's Relay for Life on April 3" and 4" from 10:00 p.m. to 7:00 a. m, CONSENT AGEND Each of these items is recommended by the Staff and approval thereof wi;l be strictly on the basis of the Staff recommendatic:ts. Approval of the Consent Agenda a rtho izes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has recehed background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information Is attached to the ordinances (Agenda Items 9-19). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdra,v an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 9.19 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration." A citizen may not speak or.111 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 cot, sidered before approval of the Consent Agenda. • 9. Consider approval of a tax refund to Lisa A. Ken„on for $627.21 due to a double payment to aceounl. to. Consider adoption of an ordinance accepting competitive bids and providing for the award of a contract for public works or improvements for construction of the Landfill Expansion Phase I Construction Permit 1390A In the amount of $1,550,055.68; providing for the expenditure of funds therefor; and providing for an effective date, (laid • #2163 Landfill Expansion Phase 1 Construction Permit IS90A) • • it. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of it mobile trommel screen; providing for the expenditure of funds therefor; and providing an effective date, (Bid 02163 - Mobile Trammel Screen to Power Screen of Texas In the amount of $120,000.00) ~t w t 25 x 10 32,E a o City of Denton City Council Agenda March 3, 1998 Page 3 12, Consider adoption of an ordinance accepting competitive bids and providing for the award of a contract for the annual contract for the purchase of water treatment chemicals; providing for the expenditure of funds therefor; and providing for an effective date. (Bid 02166 - Water Treatment Chemicals - various suppliers estimated expenditure $450,000.00) 13. Consider adoption of an ordinance approving the purchase of and providing for the expenditure of funds for the sole source acquisition of two (2) helmet mounted thermal imaging systems; and providing an effective date. (PO 083109 - Calms & Brother, Inc. for $50,700,00) 14, Consider adoption of an ordinance providing for the expenditure of funds for services performed by blind or severely disabled persons in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective date. (Texas Industries fcr the Blind and Handicapped-Easter Seals Society; Parks Restroom Cleaning, $18,935.(0) 15. Consider adoption of an ordinance providing for the expenditure of funds for services performed by blind or severely disabled persons in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective date. (Texas Industries for the Blind and Handicapped-Easter Seals Society; Parks Litter Cleaning, $18,579.98) 16. Consider adoption of ordinances and approval of interlocal ambulance agreements between the City of Denton and the; 1 A. City of Argyle 8. City of Corinth C. City of Hickory Creek D. City of Krum E. City of Lake Dallas P. City of Ponder 0. City of Sanger • 17, Consider adoption of a resolution and approval of an interlocal ambulance agreement between the City of Denton and Denton County. 18. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Reed Consulting Group providing for consulting services related to electric restructuring; authorizing the expenditure of funds therefore; • and providing for an effective date. (The Public Utilities Board recommended approval O 19. Consider adoption of an ordinance of the City of Denton amending Chapter 3 "Airports" of the code of Ordinances of the City of Denton to provide for the sponsorship of airshows; providing for exceptions to regulations prohibiting the sale of refreshments, acrobatic flying and skydiving when such activities occur at an airshow; providing - - 25 x 0 32X10 o City of Denton City Council Agenda March 3, 1998 Page 4 requirements for participating in Airshow; providing a penalty in the amount of 550000 for violations thereof, providing a severability clause; providing a savings clause; and T providing an effective dale. PUBLIC HEARING 20. Hold a public hearing and consider approval of a Detailed Plan to allow the development of multi-family residential uses in a planned development district (PD-41). The proposed development will create 250 multifamily residential units on an 11,4951 acre tract located south of McKinney Street, between Loop 288 and Mayhili Road. (Z-98-004) (P&Z recommended approval 5-0.) 21. Hold a public hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tree Preservation" of the Code of Ordinances of the City of Denton relating to the drag Interim Landscape Ordinance; providing a criminal penalty in an amount not to exceed $500.00 for each violation thereof; providing a civil penalty not to exceed 51,000.00 for each day of violation thereof, providing a severabilily date; providing a savings clause; and providing an effective date. ITEMS FOR INDIVIDUAL CONSIDERATION 22. Consider adoption of an ordinance of the City of Denton, Texas, desiGnating the property located at 815 North Locust Street as a historic landmark under Section 35.215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of 52,000 for violations thereof, and providing for an effective date. (HLC recommended approval 6-0; P&Z recommended approval 7-0.) 23. Consider adoption of an ordinance of the City of Denton, Texas, designating the properly located at 821 North Locust Street as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty In the maximum amount of $2,000 for violations thereof; and providing for an effective date, (HLC recommended approval 6-0; P&Z recommended approval 6•1.) • 24, Consider nominations/appointments to City's Hoards and Commissions. 15. Miscellaneous matters from the City Manager. 16. New Business This item provides a section for Council Members to suggest items for future agendas. • • t 27. Possible continuation of Closed Meeting under Sections 551.071-531.085 of the Texas Open Meetings Act. 28. Official Action on Closed Meeting items held under Section SSI.071-351.083 of the Texas Open Meetings Act, 25 x ~13 32XIO • I City of Denton City Council Agenda March 3, 1998 Page S CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of . 1998 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE; THE CITY OF DE14TON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800•RELAY•TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARYS OFFICE. I J 1 ~ IVU - 2F) X10 3200 ~ t .k , 0 ~I -oo I Agenda No. h i Agenda Item Dale J ]a MUM III rpprechtifoll of MARK BO YD WHEREAS, on March 3, 19`18, hbuk Bo)'d reiirod, aAcr serving %idr die City of benlon stria August 30, I97G;nnd WHEREAS, during dre pad 21 years, Mark kis repemilod ow City as an example of o grralily senice c uplo)cr, And WHEREAS, 1110 Cily of lknlon 11,11 barn rodmwle in Iming crgoyed die dcdicalcd and ouLhard tig senlce of Mark Oo) d and uishos io rccognUc d,c aura', Aid WHEREAS, Mark Do)'d Ims nlwi)i knot nbove And beyond Ilre efliclew disciargc of all III% dulks ill promoting the teclfare And prosperity orda City, and his wnW Ila full ro.gw or Ills fcllulr emPtoyccl, colkngias and cilltens of Bknlon; NOW, I'll EREFORE, THE COl1NCILOF1'IIE CI I V OF RENION 11EREUV RESOLVES, i 11>v da smart Aid wum nppwatlol of M.vk Boyd fell by k eilliens nod oReen of da Clly of Dcolon, be fondly comc)ed to him In a pcmuvuol ntmncr by mordiog ilds Rcsolullon upon da olficlal minim or die city council or dle Cily of Bknlou, Tevls, and romirding loyMork a Iruc copy iliercof ro a token of o r apincimlon. PASSED AND APPROVED dils Urc_~_/' day of- f! 1998. , !AC IL A MAYOR y ATI EST: JENNII LR WALTERS, CITY SECRETARY , V i APPROVED AS TO LEOAL Form 11F.''RAERT L. PROM, C" ATTORNEY 40 z io 32XIa 0 Agenda No Agenda IU Uafer. r ~ . AGENDA INFORMATION SHEET AGENDA DATEr , March 3, 1998 DEPARTMENT: City Manager's Office CM: Ted Benavides, 349.8307 ~ 6ll SUBJECT Request for an exception to the noise ordinance for the Denton County Unit of the American Cancer Society's Relay for Life on April 3'° and 4a' from 10:00 p.m to 7:00 I'm. IiACKGROUNb Nis. LaVona Duryea, co-chairman of the Relay for Life Cummittee, has requested that the City Council grant an exception to the noise oidinance for the Relay for Life event that will take place on Friday and Saturday, April 3" and 4'x (Attachment 1). The event will take place from 7:00 p.m. Friday until 7:00 a,m Saturday at Fouts Field on the University of North Texas campus. During this event, team members will take turns walking the track while other games, music, and entertainment take place on the football field (Attachment 2). ARer dark, a special luminary service will be held to honor those who have survived cancer and in memory of those who lost their lives to cancer. Last year approximately 550 people participated In this event and this year organizers expect that number to increase. The main source of noise will come from the use of the stadium sound system, which will be used between the hours of 7:00 p.m. and midnight cn Friday, April 3'a, Also, & portable sound system will be used on the football field for announcements and music, This will be used between the hours of midnight and 7,00 a.m. on Saturday, April 0. Fouts Neld is bordered on its south and west sides by Interstate Highway 35, Across the highway is the UNT golf course and a residential neighborhood lies to the southeast The UNT campus is on the east side of the stadium and there Is a resident'al area r approximately two blocks to the north (Attachment 3). An exception w the noise ordinance was granted by the City Council in 1997 for this same event and at that time, • there Nvere no complaints or concerns by any neighbors to the stadium. * • J As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly alter 10:00 p.m. Monday through Saturday and 1 1 10 32XI[I 1 i J~ I i r anytime on Sunday (Attachment 4), The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The organizers have been Informed that should Council approve this request, responsible use of the amplified sound Is still required by Section 20-1 of the City of Denton Code of Ordinances. In particular, Section 204(s) states: It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities in the immediate vicinity thereof. ESTIMATED SCHEDULE OF PROJECT This event will begin at 7:00 p.m. Friday, April P and end at 7:00 a.m. Saturday, April 4h• MA$ Attached. RESPECTFULLY SUBMITTED: Ted Benavides, City Manager Prepared by: ff-- Jen er d man, Management Assistant Attachments: 1. Request from Ms. LaVona Duryea, 2. Relay for Life Fact Sheet 3. Noise Ordinance f 4. Map of Fouts Field and surrounding area 2 25 x ❑ 32X~❑ INCISIONS 0 'ARC RELAY9N I ` O 3109 Westgate Drive f Denton, Texas 76207 2 February 1998 . r r 1 f Denton City Council 215 East McKinney A TEAM mNT TO Denton, Texas 76201 Ofi T^G it • Dear City Council Membersi The Denton County Unit of the American Cancer Society is planning their third annual Relay for Life which is a fund raiser to benefit cancer tesee,rch, This year's event will be held at UNT's Fouts Field on April 3rd and 4th, 1998. Fatticipants walk or run on the track for twelve hours beginning at 7100 p.m, on Frieay, April 3rd, and ending at 7100 a.m. on Saturday, April 4th. During this time a full schedule of games, music, and entertainment will be in progress on the football field. Teams are made up of ten to fifteen members representing depattments and student otganlratione at both UNT and TWtl, local clubs, schools, chutchea, and businesses. Last year we had thirty-two teams participate in the Relay. Each team member solicits donations to sponsor them in this event. Corporate sponsors of this event include Denton Record-Chronicle, Texas Sank, Texas Oncology, Denton Community Hospital, Denton Regional Medical Centet, Miller of Denton, Duryea Moving 6 Storage, and others. We have set a goal to raise 550,000.00 this year. Last year this Relay raised $36,000.00. We ate requesting an exception to the City sound ordinance from 10:00 p.m. on April 3rd, until 700 a.m. on April 4th. We plan to use the stadium sound system on April 3rd, between the hours of 7100 p.m. and 12100 midnight$ and from midnight until 700 a.m. we will use a portable sound system on the football field for announcements and for music. There are several bands and other organizations scheduled to perform. After dark there will be a luminatia service with special lighting and music honoring those who have survived cancer and in memory of those who have lost their lives to cancer, We do not believe our Relay activities will be a disturbance to area residents. The closest residential area " is approximately two blocks north of Fouts Field, The interstate is to the south and west, and UNT is to the east, r : The Council graciously approved this exception request last year and there were no reports turned of excessive noise, rmm 3 K Id 32X In 5 1 i I J Denton City Council 2 February 1998 Page -2- If there are any further questions or needed information not covered in the preceding information, please feel free to contact me at (940) 566-2136 or 382-9844 at your convenience. I would be available to appear at any Council meeting to address this request, Your consideration of this request is greatly appreciated, Thank you, sincer~el~y, [y/.1~~nl~6xa 1 ~fti.~ LAVona Duryea, C 6lrman Relay for Life Committee i i . 1 t ~i I 4 o . I ' I ' I RELAY r I f~ r A TEAM EVENT, a RELAY FOR LIFE FACT SHEET Relay for Life was started In 1985 by one man. Dr. Gordon Klan of Tacoma, Washington who ran and walked for 24 hours on a track, He alone raised $27,000 for the American Cancer Society and from there, Society offices nationwide have been holding Relay events. The Denton Unit is In full swing preparing for Its 3rd annual Relay for Life to be held Friday night, April 34, 1998, from 7:00 p.m. to 7:00 a.m., at Fouts Field at the University of North Texas. In 1997, the Denton unit raised $33,000, an Increase of $29,000 from 1996, The unit's goal for the 1998 Relay for Life h $30,000, and your participation is encouraged towards this. All proceeds are dedicated to ongoing patient programs, research and education. Relay participants usually are part of a team of 10-12 people. Each team member takes turns on the track throughout the 12-hour period. When you atr not on the track, you are welcome to Join In other event activities, spend time with your family and friends, cat or sleep at your team's chosen campsite, or help count laps for a team member on the track. Each participant Is encouraged to raise a minimum of S 100 In donations, During the Relay, there will be lots of prizes, food, games, music and activities to kccp everyone on your team motivatedl Participants In the Relay and those in the community wishing to honor a cancer survivor or memorialize a loved one who lost their battle with cancer will be given a special opportunity at the Friday night luminary service. For a small donation, a luminary bag can be personalized with your loved ones name and a special message, The bags will then be lined around the track and all I` 'p lights In the stadium will be turned off fir this touching time of remembrance. Special music will • be played and the names of honored Individuals will be read aloud during this beautiful ceremony. The Relay for Life will officlaliy begin with the annual Cancer Survivor's Walk. Area survivors are Invited to walk the first lap and be honored. There is no charge and you need not be a ti ' member of a team to participate, Wheelchairs are allowed on the track at this time, If needed, SON Twenty-four hours of your time can make a blgQoercnet ~ 10- frr dre battle against cancer. Thanikr for your support of the American Cancer Soctetyl 5 25x1 32X I0 41 0 r I Chapter 20 NUISANCES' Art. 1. In General, If 20.1-20.30 Art, 11, Abandoned Property, If 20.31-20.70 , Div, 1. Generally, II 2031-20,40 Div, 2. Motor Vehicles, II 2041-2070 Art. M. Grua and Weeds, II 20-71-7073 ARTICLE 1. IN GENERAL sea. 201, Noise. ra! it e►,&U be unlawful for any person to make or cause any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persona of ordinary sensibilities in the immediate vicinity thereof. Ib1 It ehaU be unlawful for any person to make or cause any noise of such character, Intensity and continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities, Ic) The following acts, among others, are declared to be noise nuisances In violation of this Code, but such enumeration shall not be deemed to be eacluslvs: I1) The playing of any phonograph, televislon, cadio or any musical instrument in such manner or with such volume, particularly between the hours of 10,00 p.m. and 7.00 a m., as to annoy or disturb the quiet, comfort or repose of persona of ordinary Sen. sibtlities In any dweWng, hotel or other type or residence; 21 orwi with such votlum as to uannoykor disturb person of ordinary sensibilities In the Immediate vicinity thereof, particularly between the hours of 10.00 p.m. and 7 00 a. M, at the Operation of such loudepeakar, amplifier or musical iWtAvment at any time on Sunday', provided, however, that the city council may make weptions upon • appUation what the public Interest wilkbe served thereby', (3) The blowing of any deem whistle attached to any stationary boller or the blowing or any other loud or far-reaching $team whistle within the city Umlts, accept to give notice of tike time to been or stop work or as a warning of danger; f41 time other than betwea theUhottr$ of 7;00 m, and 0 P.m.Monday nthrough • • • 'Crow rehreaew-Protected rnlgratory bird rooeta declared nulwnce, 16-61; Inspection ~ and abatement warrants, 110-H at aeq.l insect awed rodent control In mobile home and ree• ~ reational vehicle parka, 132.01. / lop;.Ns.t 1384 6 f zrM,^~ ~..I 32X1[1 is ~~~r~w•n... J u fat DENTON CODE Saturday; provided, however, that the city council may issue spacial permits for such work at other hours in case of urgent neceuity and In the interest of public safety and conwniena; w The creation of any loud and wessivs noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crate or con• tainers; 141 The use of any drum, loudspeaker or other Instrument or device for the purse" of attracting attention by the creation of noism to any performance, show, theatre, motion picture house, We *(merchandise or display which causes er"ds at people to block or congregate upon the side«aiks or streets near or Ascent thereto. (Code 1946, 11 14.70, 14.911 Crow reference-Animal noIse, 14.74. Sec. 70.2. Odors. sal It shall be' unliwful for any person to create or nude any unrewnablr oo of unpleuant or strong odor which cruses material distress, discomfort or Injury Pezy ordinary sensibilities In the immediata vicinity thereof. Ib1 It shall be unlawful for any person to create or cause any odor, stanch or smell of such character, strength or continued duration as to substantially lnterfett with the comfortable i enjoyment of private homes by persona of ordinary sensibilities. (cl The following ate or conditions, among others, are declared Co be odor nuisaneu in violation of this Code, but such enumeration shall not tw deemed to toe exclusive: ,1i Offensive adore from cow seta, hog pane, fowl coops and other alnWar please where animals are kept or fed which disturb the comfort and repom of persons of ordinary sensibilities; (7} Offensive odors ham prIvtes and other similar places; 131 Offensive odors hem the um of poeweslen of ahemials or loom lndwtrtal prooesm or activities whkk disturb the omfort and tepees of parsons of ordinary swilsi ltiesc 14? Offenelw odor loom smote hem the burning of tnah, rubbish, rubber, chemicals or other thiap or eubataaaeso 401 OflWd" adze ham stagrwt pools allowed to remain on any premises or from rodW Sesbio, nkK offal or dead animate on any premises. (Code 19th, 31 14.93, 1493) See, 10.3. Omtrbada, inns awl rabbles aul"neas-Waenlly, laf Storing or haping gerbap, trash and rubbish. The atoning or keeping of my wtd all i stuka, heaps at piles of old lumber, refuse, junk, old taws at muMA&y or pasta thereof, • garbage, trash, rubbish, scrap material, retina, damoliehed at partly demolished *Ue building:, piles of atones, bricks or broken rocks on may premises berderbtg any pu 1UPP Net 1390 7 32xi El • • I I ,mac. c0-a m 1 .11 MAN! I; ~ O i. ; . ~r II O!r I, Ova P-Mfff RIELO IrM MAP - 8 5 32XIO mar..r .I Agenda No. V Agenda Item Dili AGENDA INFORMATION SHEET AGENDA DATE: March 3,1998 " DEPARTMENT: Tax ACM: Kathy DuBose SUBJECT , Consider approval of a tax refund to Lisa R. Kennon for $627,21 due to a double payment to accounts BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the goveming body of the taxing unit for refunds In excess of $500.00. Ms. Kennon and her mortgage company each made a payment on account N024871 on December 31,1997. This resulted in an overpayment as indicated on the Overpayment Report. Ms. Kennon is due a refund of this overpaid portion of $627.21. PRIG ACTIONIREVI W (Connell. Boards, Commissional Not Applicable FISCAL. INFORMATION The tax overpayment fund would be reduced by $627,21. espect Ily s bmitled; • J n Fo une irect or Management and Budget Prepared by ttt~ • • J Prewit Tax Specialist .t 1 z x~C 32X III Fit- .MOM ma pr ~IIMI ~ i APPLICATION FOR TAX REFUND pedne r"We! caste" enbr name a" to W. MY nl: r t Rlrr~ Pwwm mae,r iab eu f^r•+rsr rdenwtl !'1k •'•.'!I' I ' Ory.b+m of Peet mnb, flow, ZW node UCNIVN, rods rd nwnw To apply for it ue rotund, the leepeyet mutt complete the following. artwenaim S11p It. Rseoo , Ovmer'an/rn1 Prowl mruiledrepfrierierrweeeen Ind IddrNO city , pima Post s1wa, flow. Zip mode Prone (&#mfr loot nu eel r .✓iUCO,tr 'EZLI-olrlf Ste p 1: Legal deurlpdori fa stitch oepy of M 10, sot of its r+r,+4V: t)eeerAA tins Let, itleet property Adbesr a bulen of property: l// 5 ~l',tt N R[ U 4 „7T Aomrd number of property Tam r"V numb41 N1191 _ OR Nana Yew Co" Amount Amount Slop 3: Of Tu" Unit From Which Fet WNch AshM O(The Of OI Tar Flelund (live thltax R.Amd4row"lod IfRo~gw~mled Taw;pleymim Tuesprd /AeQguem$fd1 peymin! : t0 ~1 1.3 ~ r 11 1 &A 1, sf 1 tnlolmellon 1 10 l 10 l TupeyMe faron la nMd rdlwcA SvDDd tlnp oNeumdntrronJ ~i/[f M VIA Yd x Rip dleg161I4E 69, EACP PAID-191 __J1MtS •m f/[5 IMC,11- d9andI-1 A- I L1 11 til f- A d I [ems ' 1 hreby eppfy la M ieturd el a.. ebe.e-dew0.,ed tun end amity 0rt M hfamesen I haw lawn en Nit lom: b h:e and Slap k w1pid to N best of my hriew"s and belloP 0 Sign Ihi form Il n' hn19Ae >M efrppraan b u retnw Any ppee on whe mskot a fella enlry Lipari IM feffi in0 Iowto Mill tut eubf eel le Me a the following pnshlot: 1. lmprlsenmeril of net mote Ihsn 10 tests nom 1@66 fen f votes ari6st a Ana of net mete dent 14,000 a loth such One aenlnrment In Idl fat a LNe up le 1 vast « e One net is oteeed It,000 er lath wah One ono e^d Willtsenmoli 1, lmprfsenmenl as 644 r~l-a-nlh In lecNen 111-,110, Pend We. Stop 1: "to fu tarund Is l J Appfwd LJ Osoppt+d 1] Ism Is Fund w 11 n raveee ddbmhtNlon hf°►d ji4 hi~n y Aesdry sha•S9 a w,ry ungq rmMd redteeaee ewe 1 1 M / 149 ` CITy If )II ri+1lt~l ON 'r4 _f' e >5 2 x~L`1 1 ids !_~r T.ttlwRl'S1731~R'It~R~[1f~•lL1ikNN:IfLhl.ll~ff:i r i0so LISA A. KENNON 116 ND 11t7oy~ mm OENTON. 1EXASIE%A9 76 78201 oAte YA77b 1110 J $r a! I warncw_ - OOSS ; `_~IJ~~IL~..~ulf;'Y~ 1rb bOLLRd9l7~4;: O~fAtWt AMR I:I I Lq 1 7121 21 2205 p' ~015C1 111000000 2 kilt t 1 •~s.++~w-Rtrw.1.ntia:wer..sl~exl..•w,..•r~+wm,a._.x!crlR+~t~~-.~1'rwyrrr~,+,~ t~ I 41 1 UE ml VIE" ~i 9I ~M{Nf~dl J t~P tO on 115 6 00Yi1: ~y'? ITIR 1~;~r1 1'(.F\-~~ ,~.~I~~I, I~, ~J ~~K,~ ~.i'Y ~}'+~'l•I. '+I't.W,e"~ r "/~1~i I. r; I~LI •,',(I:F1'S C/f... ~,i~rr` rr1j..4tAh16 1T'.1. . ' .•I '';,1e~~~"~ `r ~;JhlC~lfa 0 X.w. "~~`I~J4l .L5 l~.t J CIO IA!I '1 I'. ;~'IA 1 Clt1' fif' l''1 ',1 t41i 3 YAx n>:r~,I~rI,Itl~r - - 25x10 32XIIJ o REPORT FIOR05DW 02/10/98 Al IB 40 D V! A P A Y N E N 7 5 ACCOUNT N0. RECEIPT NO. NAME ADDRESS AMOUNT STATUS 10513900000 97103118.0708 MARTIN, SCOTT B , SMOKE AI SE CR 623,92 OVERPAY 03491900000 87103/22.0219 HARRIS, GLENNA BRYAN ST 2.00 OVERPAY 03260100000 97103/22.0216 BANKS, DOROTHY ESTATE BAILEY ST 0.01 OVERPAY 16366600000 07/03/23.0261 AEDFO01 CALVIN 0 BAUER OR 20.00 OVERPAY 02615000000 91/03/23-0276 HOPE, 8AANT W MALONE ST 0,01 OVERPAY 01119700000 97103123.0284 ADAMS, LAWSON 0 111 YORKSHIRE 51 0.02 OVERPAY 02898600000 07103/26-0611 ARONSON, HARRI BRIONTWOOD TE 202,76 OVERPAY 02152000000 97103/20.0006 JOHNSON, RICKY D DENTON ST 162,10 OVERPAY 4 02053600000 97/03/29-0281 ANDERSON, FRANK DOUGLAS CORDOVA CA 321,11 OVFRPAv 03126500000 87/03/29.0654 MOKISSACK, LINDA GREENWOOD DR 360.67 OVERPAY f 11706400000 97103120.0446 BATTAGLIA, ANTHONY J, VALLEY C,AEE% A 3.76 OVERPAY 01239D000DO B7/03119-0701 MORRIS, JOHNNY L ASPEN ON 306.64 OVERPAY 02353000000 97/03/29.1072 KILLIAN, CHRISTINE ELIZASETM CAOYOON LN 394,71 OVERPAY 13094000000 97/03/19.110$ SM1TN, WENOELL F MACK DR 462.23 OVERPAY 03164300000 97103/20.16015 PEAK, $MANE MULKEY •1002 ► 413.70 OVERPAY 03494700000 87/03/30.0074 RILEY, TONY A LOOP145 4 PM421 0110 OVERPAY 03341900000 97/03/30.0338 ILTEN, DAVID E S. ELM 57 307.86 OVEAPAv 02696300000 97/03130.0408 MONATT, AL FAMILY P/S LT ETAL Of PARKWAY ST 0.01 OVERPAY 01649200000 97/02130.0559 CULP. MARC S H1GMvtiw elk 19.61 OVERPAY 13630000000 07103/30.0571 EN►OW, JULIUS 0 1.25 0.06 OVERPAY 00232200000 91/03/31.0203 WOLFINOARGEA, W FRANK GARDSNVISW ST 27.00 OVERPAY j 02396300000 07104109.0032 WRIGHT, LISA M EGAN ST 196.03 OVERPAY 101 02293500000 87104102.0073 ARRINGTON. RONALD EDOEWOOD PL $1.17 OVERPAY 16174900000 07104102.0098 DENTON, C17Y OF IOOF CEMETERY 10.43 OVIAPAV 02481100000 91104/02.1090 KlNNON, LISA R NORTHRIDGE S7 $27,21 OVERPAY 17638200000 87/0410610036 BECKMAN, CURTIS E 6 PIEAINA E N LOCUST ST 365.94 OVERPAY 17662100000 07104106-0107 MERAITT, THOMAS J ROYAL OAKS CA 686.41 OVERPAY i $0327300000 07/04/06.0112 BODKIN, CHARLES E JA PACE DA 397,28 OVERPAY 1 03077100000 97/0.197-0240 FULLlR, SAM FISHTRAP RD 0.40 OVERPAY 86606600000 01/0/07.0277 UNITED CELLULAR OF DENTON INC S SELL AV 210,41 OVERPAY 036190000C 07/04/08.0006 BELCHED, WANDA MITCHELL DALLAS OR 30,00 OVERPAY 610SIB00000 91/0A/0E-0230 A(01 INVESTMENTS INC FOOT WORTH All 0,30 OVERPAY 02604900000 07/04100.0341 ELLIOTT, KENNETH I GEORGETOWN OR 377,20 OVEAPAV 03000600000 91104109.0360 LYNCH, 1020v J 511PRA. DR 31S.78 OVERPAY 03022200000 97104/00.0060 REDMON 81LLV RAY *OAS[ at 70.00 OVERPAY 02111700000 O7/OA/12.0211 EDWAADi, GREGORY K PEAK ST 3,21 OVERPAY OB265100000 27/04/11.0126 AP LAND ENV LTD P/S GOODSON WY 0.03 OVERPAY 03493700000 07/04/12.0126 CUNNINGHAM, ROY A N 1.35 91t0 OVERPAY 03380600600 97104113.0046 SOARELLS, RANDY DEWAYNE SINA 91 34.22 OVERPAY 91816600000 87/04/13.0152 JOBS LINDA W UNIVERSITY 0 0,07 OVERPAY 03t11400000 07/04/14.0040 EACO W , JACK31 WAYNE SUN VALLEY DO 20,98 OVERPAY 02754100000 07104114.0126 JOHNSON, VIVIAN MILL LT 0.01 OVERPAY 02108B000OO 07/04116.0126 6ARNETT, WILLIAM K SO TOR tT 16.66 OVERPAY 0217!100000 21/04116.012$ POWERS, OLORIA M KENOS RW 05,13 OVERPAY 03218700000 17104/18.0134 CALOWELL LINDA 5 04101.E LN 26.66 OVERPAY 02622200006 91104/16.0136 CAOtSSA0 ROBERT S B100ECRE6T CA 66.13 OVERPAY 02122900000 07/04116.0130 CONNOR, FLANK F S70NEGA7E DR 66,13 OVERPAY 02797700000 87104/16.0140 WASHINGTON, ROOSEVELT JR WOODSAOOK ST W 13 OVERPAY 17095300000 97r0A/15.01A2 CHYAN, OLIVER M A SOUTHRIOGE DA 26,66 OVERPAY 13107500000 07/04/16.0148 [AN LEANO T LONOMEAOOW ST 15.14 OVERPAY 0235120D000 97/04/16.0760 1ARAILLAS ALVARO A METTIE ST 25, 4 OVERPAY 02634400000 87/04116-0161 WILSON, 66OTT MOOORMIOK ST 16, 6 DVERPAY i 1 I 32x' ts s. `a,.:;:~a41. x,,r 1~ l'~t5: •'Lt`. A.t...: ir. axri~a ,r.,.,. .r.. ....::.w-. _...._,......W ,r a .i r CITY OF DENTON, TEXAS PURCHASING DIVISION • 801.8 TEXAS STREET • DENTON. TEXAS 71)201 940.349.7100 oFW METRO 817 87.0042 • FAX 840.349.7302 1 I TO: Ted Benavides, Ciry Manager FROM: Tom Shaw, Purchasing Agen I DATE: March 2,1996 SUBJECT: BID # 2163 - LANDFILL EXPANSION PHASE I CONSTRUCTION The recommendation of the Public Utility Board made during their meeting of Monday, March 2,1999 is to award this contract based upon the alternate bids. A replacement of the whole agenda package is attached, this will replace Item # 10 on the March 3, I"g Council Meeting. I { I i 'Dtdkattd to Qiaf Ery 5ervkt" ~ i k~r° 2 x10 32XIII 0 '3.ugMk4 i AGENDA INFORMATION SHEET AGENDA DATE: March 3, 1908 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-8232 ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A IN THE AMOUNT OF $1,503,817.74, PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2165 - LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A). BACKGROUND The City of Denton is expanding its existing landfill located at Mayhill and Foster (see Exhibit 1). The City and HDR Engineering, Inc. have divided the initial phase of the landfill expansion into two contracts. Bid # 2138, for the slurry wall / dewate6ng portion, is presently under construction, Bid # 2165 is for Cell No. I construction. Bids were opened on February 19, 1998 with a total participation of (9) nine bidders (See Exhibit 11). Randall & Blake was the lowest qualified bidder In the amount of $1,503,817.74. This is a very large and extensive construction project that has been expedited due to the limited remaining capacity in our existing landfill. This landfill will be constructed under the guidelines of the TNRCC Sub-Title D Regulations. These regulations are very strict. The City of Denton is constructing the first phase of a modern solid waste facility to serve the Denton community for many years, Total excavation for this project is 227,100 cubic yards of material. 50,000 cubic ' yards of material will be placed back in the cell for the clay liner and for the drainage facilities, The new cell is required to have a 60-mil high-density polyethylene liner installed on the bottom and side slopes. This liner will give us the added protection against groundwater contamination. We will also install approximately 788,500 square feet of additional liner and geomembrane material to help protect the cell against damage from daily operations and from the elements. Our design Includes installation of a leachate collection system. This collection system is used to collect liquids that have conic in contact with solid waste, We will place a 6" PVC pipe on top of the r' polyethylene liner that will collect the leachate• The leachate will be pumped from the ~ ,0 • { landfill and treated at the water reclamation plant. Additionally, we will construct a paved access road and an all weather gravel access road to the cell, Both of these roads 1 will be used through all six phases of the Landfill development, We are planning to issue the Notice to Proceed to our contractor by no later than March 16, 1998. 1 i l { 1 o AGENDA INFORMATION SHEET MARCH 3,1998 PAGE 2 OF 2 ESTIMATED SCHEDULE OF PROJECT This expansion phase 1 is scheduled for completion by August 1, 1998, PRIOR ACTIONIREVIEW [Council, Boards, Commissions) The Public Utility Board considered this item on March 2, 1998, and agreed on the recommendation for the award based on the alternate bids. FISCAL INFORMATION There is $3,231,000.00 In Certificates of Obligations budgeted for landfill expansion (see Exhibit 111). The City has encumbered $468,973.00 for the construction of the slurry will i dewatering system. The total of the two landfill expansion bids is S1,972,790.74, which is $1,258,209,26 under budget. HDR's construction estimate for this phase was S 1,865,760.00. See Exhibit IV for a complete financial analysis. BID INFORMATION Recommendation for award is to the lowest bidder Randall & Blake in the amount of $1,503,817.74, A location map is Included. r" Respectfully submitted: Name: Tom Shaw, C.P.M,, 349-7100 Title: Purchasing Agent Attachment #I: Exhibit I - Location Map Attachment 02: Exhibit II - Bid Summary Attachment g3: Exhibit Ht • CiP Detail Sheet Attachment 94: Exhibit 1V • Fund Analysis Attachment q5: Explanation of Alternate Bid from Rise Fisher IEDAAMDA 2 - 25x [7 32XI❑ roll rOt11a1~1Y , o 1 "mum i . 1 , to , 1 • rsM 11 Ilu t) a ,4Y +~L •,1 r r E ll -y tt L - •-.rMlrlM ~'I.,,4 I ~rv.. =r.. rw.r rv..n. rwl t - r uw r.a yL t t rLrr i 15. t I . e a.. L.L I~« 1 1 I. i . rn.r, .r. r.ru nu I of a.~~~• 4. . If •Yr/i ir,. . y~~/~/~■ ~~nu lwlrw ~ ~ 0 - •n • ! r it ilY~~wrn rrll r.aw i 1 i f'P`"' 111. f' rLLwwr MLM (/r.rIMM 4 I M! • II 6J r / T/ 11 tNIiC ~yKM AMOw! n • • ' /j\r~ yy~~(Ar■MII Il~r L yjf"' / 's j rt Irl• ylpry .nrl 1 .mow zl rr~ ft H.w'~. »r..l.-:JVr~ IM alAll,~ ~ ,j( , ~ ~ 10 rry t I L*''[~ r r spy t _ . _ _ ` 1 L[~~~ _ rL{rL..L!.r _ _ " yfE tAM10 i~ COMiROdfMOl MY a4x?1r* ut iIMM1ltlM I 1,Lw~M10i4 = . ..~.r r tiia rwW7 ! O - - - 2h x 10 32XI❑ BID SUMMARY LANDFILL EXPANSION PHASE 1 CONSTRUCTION PERMIT NO, 1500A 811302185 CONTRACTOR BID TIO E Min RANDALL&BLAKE $1,850,053,68 31,603,817.74 C. WATTS d SONS 41,861,520.21 $1,860,158.63 POWER CONSTRUCTION $108,748.82 $1,784,124,63 FOSTER WHEELER 51,995,673,98 $1,888,849.73 LH LACEY $2,060,118.32 $1,972,700.65 METR04)'M EXCAVATING $2,098,018,24 S2,060,258,88 ADDICKS SERVICES INC. $2,161,871.84 $2,148,844.84 AFFOLTER CONTRACTING $2,380,743.88 $2,478,708.48 LAUGHLIN ENVIRONMENTAL $2,421,763.93 $2,429,402,72 s 1 ~ A L%HIfIiT it ~d 32Xl❑ 0 a max,. , rL ava L.ArI I AL IMHMUVtMUN I NHUJECT 0 98-0803J02 I PROD TITLE, (0) PHASS 1 LANDFILL CONSTRUCTION ESTIMATED COST: SS,231 (r 1000) DEPARTMENT RANKING: 4 OESCRIPTfON: 68Slo oonsimmlon of Landfill Kxpafuton, GROUP ASSIGNMENT; PURPOSE: This polo t Would pfwWo fof Ikot phaa mfouctlon whm also oonwta of: ; Olwrolon !arm North Oil oh daWan Flo mmont North Pon4 salt Mona Rona Lwham ColNOtlon 1 Linor She Entrarf v Interim W&WAp Sale frtnal Corer Phm t Survey P4Wm6W Aooraa Road Exearall" M", t Improve OMica i { ENCUMbERANCES CASH GVKNDITUREB BOND REV AID OTHER TOTAL BONO RSV AID OTHER TOTAL TOTALIST YR S34S1 $O $0 00 832111 Will 80 80 10 01431 TOTAL 1NO YR 0 0 0 0 0 0 0 0 0 0 TOTAL SRO YR 0 O 0 0 0 0 0 0 0 0 ORANDTOTAL SUSt $O $0 10 134!1 "oil 10 So so M AI IINCUMBERANCE DAM PHASE DATE AMOUNT Ooaeral Pwohaoo EnpIANrIHB Deelm Inepootlorl ~ ~ • • JX Conotruotlon 11N b,481 Misooleaoouo , ENCUMSFRANCE TOTAL 11,!41 COMMENTS: I1146/0?ICS4 AA o1XHIS11IT 111 x10 32 x1 e LANDFILL CONSTRUCTION CELL I CONSTRUCTION FUND ANALYSIS SOLID WASTE -CERT,OFOBLIGATION STATUS S(21000) FUNDSOURCE 98-0803)02 $3,231,000,00 TOTAL FUNDS 53,231,000.00 EXPENDITURES Slurry WalMewatedng Bid s 468,973.00 Landfill Expansion Bid $1,503,811,14 TOTAL EXPENDITURES S11972,190.74 AMOUNT OVERI(UNDER) BUDGET (51,258,209,26) I . 1. a' 6 EXHIBIT IV 25 x ❑ 32 x milli • ATTACHMENT IS Tor Mike Leavitt, My ofDenmn From: Rasa W. Fisher Dater February 270 1008 Subject. Alternate Bid Irene The following is a discussion of some of our reasoning behind Including a geocomposite drainage blanket on the bottom of the landfill cell as an altemate bid item replacing a gravel drainage blanket, (Please note that the base bid still contains geocomposite on the sides of the cell excavation,) • Although geocomposite drainage blankets were more expensive than gravel in most cases a few years ago, we have observed recently on several bids that the cost of the material has dropped substantially. In fact, geocomposite Is frequently substantially less expensive than the type of granular material required for a leachate collection blanket. • Oeocomposite material Is very fast and easy to install, Construction time is a serious concern on this project, j • Operators who use eocom site in their cells g 1" report very favorable results relative to Its ability to transmit leachate effectively. • Although a granular leachate collection blanket was called out In the landfill permit, geocomposhe Is typically epproved by TNRCC with a loner request and Information about the material specified. We have obtaired permit modificatlons of this nature easily In the past. 0 I Please let me know If you need any "er Information on the use of geocomposites versus granular leachate collection. rM A f 7 z ~C 32do , 0 I i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A IN THE AMOUNT OF S1,503,817,74; PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (BID # 2165 - LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or Improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements descdbod in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SE,0TIONj, That the following competitive bids for the construction of public works or Improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids, BID NUM13E$ CONTRACTOR AMOUNT 1165 RANDALL & BLAKE 51,503,817,74 SECTION If. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders Including the timely execution of a written contract and furnishing of performance and payment bonds, and Insurance certificate after notification of the award of the bid. 8 5 ❑ 32X s . c SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the constmcdon of the public works or Improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of this above competitive bids and the execution of contracts for the public works and improvements is authorized herein, the City Council hereby authorizes the expenditure of funds In the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. Ems. That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the dayof ,1998 JACK MILLER, MAYOR i ATTEST; JENNIFER WALTERS, CITY SECRETARY r~ i BY. ti APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY. - j 2165 CONTRACT 0ANNANCA 9 2 5 X 32x10 • •PNMa.~i6 ' 0 A9Anda No Q . _7 Agenda 1 AGENDA INFORMATION SHEET 0a1e_. ' AGENDA DATE; March 3, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-8232 ACM: Kathy Du9ose, 349.82213 Z7 SURJECC AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1S90A IN THE AMOUNT OF $1,550,055.68; PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 0 2165 - LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A). BACKGROUND The City of Denton Is expanding its existing landfill located at Mayhill and Foster (see Exhibit 1), The City and HDR Engineering, Inc, have divided the initial phase of the landfill expansion Into two contracts. Bid p 2138, for the slurry wail J dewatering portion, Is presently under construction. Bid k 2165 Is for Cell No. I construction. Bids were opened on February 19, 1998 with a total participation of (9) nine bidders (See Exhibit 11), Randall & Blake was the lowest qualified bidder In the amount of $1,550,OS5.68. This is a very large and extensive construction project that has been expedited due to the limited remaining capacity In our existing landfill. This landfill will be constructed under the guidelines of the TNRCC Sub-Title D Regulations. These regulations are very strict. The City of Denton Is constructing the first phase of a modern solid waste facility to serve the Denton community for many years. Total excavation for this project Is 227,100 cubic yards of material. 30,000 cubic yards of material will be placed back In the cell for the clay liner and for the drainage facilities, The new cell Is required to have a 60-mil high-density polyethylene liner • installed on the bottom and side slopes. This liner will give us the added protection against groundwater contamination. We will also install approximately 788,500 square feet of additional liner and geomembrane material to help protect the cell against damage from daily operations and from the elements. Our design includes Installation of a leachate collection system. This collection system is used to collect liquids that have come In contact with solid waste. We will place A 6" PVC pipe on top of the polyethylene liner that will collect the leachate. The leachate will be pumped from the $ ` landfill and treated at the water reclamation plant. Additionally, we will construct a paved access road and an all weather gravel access road to the cell. Both of these roads will be used through all six phases of the Landfill development, We are planning to issue r the Notice to Proceed to our contractor by no later than March 16,1998. 1 3 z x I , O I AGENDA INFORMATION SHEET MARCH 3, 1998 PAGE 2 OF 2 ESTIMATED SCHEDULE OF PROJECT This expansion phase 1 Is scheduled for completion by August 1, 1998. PRIOR ALatONIREVIEW (Council. Boards, Commtsalonsl The Public Utility Board will consider this proposal on March 2, 1998. Their recommendation will be available to Council prior to March 3,1998 meeting. FISCAL NFORMATION There is $3,231,000.00 in Certificates of Obligations budgeted for lartdfili expansion (sea Exhibit 111), The City has encumbered $468,913,00 for the construction of the slung wall I dewatering system. The total of the two landfill expansion bids is $2,019,028.68, which 1s $1,211,971.32 under budget. HDR's construction estimate for this phase was S 1,865,760.00. See Exhibit IV for a complete financial analysis. DID INFORMATION Recommendation for award is to the lowest bidder Randall do Blake in the amount of $1,530,03$,68. i ►11A)~ A location map is included, % 1 Respectfully submitted: Name; Tom Shaw, C.P,M., 349.7100 • Title; Purchasing Agent • • Attachment ft Exhibit I - bocallon Map Attachment M2; Exhibit If . Did Summary Attachment Mar Exhibit III- CIP Detail Sheet Attachment #41: Exhibit IV - Fund Analysis 2 'j 25 x 10 32x11 KIM 1111111m ~~~m~m it arruv 0 : r ' } • r 1 1 I I ~ 1 11~ tA~y ~~L1Y II a rpll W • .1. Ilnrr• r wl 1YIr1 RW .Y M 7I n 1~ 4 r ~R Ilrll IRI t M II T1 11+, 1 I ° 1 1 f I; ff 1 1._. • / r CAI" wr Old y. ~r . I •I Vnwr I i tom"",I r "ammawCom f C I. 11. 3VM r ~y I 1j Yr 11 u I -1y I~ j }I r MNrW II ~i ~ ,Q 1711 qr ~ :1 i~ r I' ! Ir • r t yyy li I I! ' ~ I I 1 I qr~ I I w 7_ ~r "Ml!y9, 1 t ~'tf.+,r Fr ° I r....a 4 n TT f~,~ 1'~~~r~~rY IrYMW ~^`'A° .~.an c. ~,ti lu wrrrrul wrrw ~ ~ i r R IM'4Y M r Itl 11 I.rtlMli /y RIM tIIIRI't/ K O Ie 'N11' ! A lyl ~I yy r W I 7,, ttu llluulq rtaa tUldilcool uli111Y'Irn rn Kw+ItMi eu1 1' .r+ ~Mrwr t At R~I~ Irl NIHL 1 a ~I f I r f i. arIM%IC~"IAur+,w nrn ` I~ E. s I' I T ~ • ...e i d E 1 `.N if e.nnp _ 'H 11 Y r r_ wyr... _ w~saN 1-ll\ I ( n r- sit[ uA ik0irocoj~r1~o~ dtr or~►our' 1 "xe 40 fir. r 11 f I f I '•rl l~ wr•_.. oil 11an 1 }a ~es .r pJ' ~y.. yY. ,r IIW.MI 111 0 w + i f 1' } rKM1~1'1' ~ ~ - 5 x I❑ 32XIO o BID SUMMARY LANDFILL EXPANSION PHASE 1 CONSTRUCTION PERMIT NO. 1690A BID #2165 CONTRACTOR BID TOTAL RANDALL&BLAKE $1,550,055.68 0, WATTS & SONS $1,851,520,21 POWER CONSTRUCTION $11988,246.82 FOSTER WHEELER $1,995,673,96 LH LACEY $2,0801118.32 METRO•PLEX EXCAVATING $206,016,24 ADDICKS SERVICES INC. $2,151,871,84 AFFOLTER CONTRACTING $2,360,743.88 LAUGHLIN ENVIRONMENTAL $2,421,763.93 { 4. axHCesr it F ICS 32x10 1 i I i 1998 CAPITAL IMPROVEMENT PROJECT N 98-0803,102 PROJ TITLE; (G) PHASE 1 LANDFILL CONSTRUCTION I ESTIMATED COST: $3,231 (x 1000) DEPARTMENT RANKING! GROUP ASSIGNMENT: 0 DESCRIPTION: Begin construction of Landfill Expansion. i i PURPOSE: This project would provide for first phase construction j which also consists of: Diversion Berm North Ditch Gablan Revetmom North Pond Silt Fence Fenca Laochala Collection & Liner Sits Entrance Interlm Drainage Scale Final Cover Photo 1 Survey Perlmeter Access Rood Excavation Move 6 Improve Office . ENCUMBERANCES CASH rXPENDITURES BOND REV AID OTHER TOTAL POND REV AID OTHER TOTAL TOTAL 1ST YR $3231 10 $O $0 13231 13231 s0 e0 $0 $3231 TOTAL 2ND YR 0 0 0 0 O 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRANDTOTAL $3231 10 $0 $0 $3231 $3231 80 $0 $0 $3231 ENCUMBERANCE DATER PHASE DATE AMOUNT General Pufohi" Engineering Design Inapeolion r Constructlon 11$1 13,231 Miscallon•oua ENCUMBERANCE TOTAL 13,231 COMMENTS: 2121!!711:66 s, ~l~HIrIT III IC] 32.X10 i ' ® I ' i G i M LANDFILL CONSTRUCTION CELL 1 CONSTRUCTION FUND ANALYSIS SOLID WAS:E-CERT. OFOBLIGATION STATUS 3(11000) r I FUNDSOURCE 98.0803102 $3,231,000 TOTAL FUNDS $3,231,000.00 EXPENDITURES Slurry WalVlkwatering Bid S 468,913,00 Landfill Expmalon Bid 51,530,055.68 TOTAL EXPENDITURES $2,019,028.68 AMOUNT OVERI(VNDER) BUDGET ($1,211,97132) i 6 EXHIBIT IV ii 1 25 x 1o 32 d ' o ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL F.}is'ANSION PHASE I CONSTRUCTION PERMIT 1590A IN THE AMOUNT OF $1,550,035.69; PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID q 2163 - LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A), WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law aiA City ordinances; and WHEREAS, the City Manager or a designated employee ha, received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described In the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the following competitive bids for the construction of public works or improvements, as described In the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NIJMB,g CONTRACTOR AMO 2165 RANDALL & BLAKE $1,530,055.68 r SECTION 11. That the acceptance and approval of the above competitive bids shall not • constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidden Including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certitleste after notification of the award orthe bid, 7Y► 1.01 7 - - _ 75 ~i10 32X~ FANJ W I I SECTION In. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidden and Bid k roposals, and documents relating thereto specifying the terms, conditions, plans and speci6cati ms, standards, quantities and specified sums contained therein SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as awhotized herein, the City Council hereby authorizes the expenditure of funds in the manner and iu the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 1998 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: aw r , APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: :163.CONTRACTORDINANCE • • 8 5 x ~0 32JO 1 0 Agenda No_ .9__ Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE: March 3,1998 Questions concerning this acquisition may be directed ` DEPARTMENT: Finance - Purchasing to Ifoward Martin 349-8232 ACM: Kathy DuHose, 349.8228 V SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOBILE TROMMEL SCREEN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID N 2163 - MOBILE TROMMEL SCREEN TO POWER SCREEN OF TEXAS IN THE AMOUNT OF $120,000.00). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT ~ The bidder has indicated the trammel screen will be delivered and operational within 30 days alter receipt of an order. III 'i PRIOR ACT1021($=W (!Council. Boards, Commisslonsl 1 he Public Utility Board considered and approved the recommendation to purchase this mobile,rommel screen on Februr, - 16, 1998. • @1g1ilyE9J13r•1 iTION This bid is for the purchase of a Mobile Trommel Screen for use in cogjuncticn with the City of Denton compost generation project. The trammel screen allows bags of leaves, grass, wood etc. to be placed in a large drum area; a debagging and screening process take place and the material is separated for further processing of the compost materials. Currently this process is being done primarily by hand. We recommend award to the lowest bidder, flower Screen of Texas, In the amount of S 120,000.00. The recommetuled trammel screen Is a 1991 model demo unit with less that 280 hours of operation. It carries anew machine full warranty and has been discounted $6,000.00. 1 I E 32 x 1 0 • AGENDA INFORMATION SHEET MARCH 3, 1998 PAGE 2 OF 2 Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment 01: Tabulation Sheet 1006 AGENDA 2 1 25 X I O 32X sr ATTACHMENT 01 TABULATION SHEET 1010 0 2163 POWER WILDCAT r 810 NAME TROMMEL SCREEN SCREEN MFG. TEXAS DATE 21JaaA6 No 010 1 1 MOBILE TROMMEL SCREEN $126000.00 $161112.60 RM aaar. eONaW. MANUFACTURER POWER SCREEN WEACAT MODEL 670 RNC 6220 DELIVERY A.R.O. -DAYS 30 DAYS 90 DAYS 2 ALTEh4.ATE OEMO OR PREVIOUSLY OWNED WRIENER 2120.000-00 No MANUFACTURER POWER $CRUM NB MODEL 620 NB F OELNERY A.R.O. DAYS 30 DAYS NB Recommended suppller is Power Screen Texas for the aftemats demo unit at $120,000.00, • 4 3 32x0 OWN TAWAWN 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOBILE TROMMEL SCREEN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BI) 0 2163 - MOBILE TROMMEL SCREEN TO POWER SCREEN OF TEXAS IN THE AMOUNT OF S 120,000.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE$ NQ- VENDOR AMOUNT 2163 ALL POWER SCREEN OF TEXAS $120,000.00 SECTION 11. That by the acceptance and approval of the above numbered items of the • submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, SECTION 111. 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, tpecifications, standards, quantities and / specified sums contained in the Bid Proposal and related documents herein approved and accepted. 4 hk~Q 32x Ej If r 0 , xarnor ~E~7 fON N: That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of .1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2163.5UPPLY ORDINANC'E. i 1 410 5 { I Il x~d 32 x~~ ti o Agenda No, Agenda Item3 Date AGENDA INFORMATION SHEET AGENDA DATE: March 3, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.8232 ACM: Kathy DuBose, 349-8228 5UJUE~CT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE ANNUAL CONTRACT FC" THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FG THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2166 - WATER TREATMENT CHEMICALS - VARIOUS SUPPLIERS ESTIMATED EXPENDITURE $450,000.00). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT This contract is for one year from date of award. Delivery schedules for each product vary from 1 to 3 days after receipt of order. PRIOR ACTION/REVIEW (CounclL Boards. Commissions) Representatives from the Water Production Division, Wastewater Treatment Division and Electric Production have reviewed the bids and concur with the award recommendation. FISCAL INFORMATION Funds for the purchase of these chemicals will be taken from 1991-98 budget funds. Materials will be ordered on an as needed basis. Ivu i ~ 2 y x. C 32 x C] aoao~o. AGENDA INFORMATION SHEET MARCH 3,1998 PAGE 2 OF 2 BID INFORMATION This bid is for the annual supply of water treatment chemicals. These chemicals are utilized to treat raw water for Water Production, affluent water for Wastewater Treatment and cooling tower water at the Electric Production facility. Quantities and products may vary depending upon need. In each case we are recommending award to the lowest bidder with prices firm for (1) one year. The lower price offered on item S, by Harcross Chemical, is only firm for three months. 1 ITEM M _ r R lRiC6 ° tIBT. itX7= LD t. Chlorine DPC 0.1S3S/LB $76750.00 2. Sulfur Dioxide Harcross 0.752/LB 550400.00 3. FNurosilicic Acid Peneco 0.0693/LB $8,316.00 4. Caustic Diaphraern Delta 0.1175/LB S 117 500.00 5. Caustic Rayon Advance 0.1950/LB S2,340.00 6. Potuaium PW=IIwte Carus 1.2141LB W,700.00 7. Anhydrous Ammonia DPC 0.295/LB S21,200.00 8. Ferric Sulfate 500/. Fe3 0.04518 S68,950.00 9. Sulfuric Acid Advance 0.0311LB $4650.00 10. Cationic Polymer Cytec 0.5099/LB $34673.00 Respectfully submitted: • Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent • kttachment q1: Tabulation Sheet 1 • 1001 AGENDA l s l f 2 25 x.i❑ 32 X I IJ o MASS" ATTACHMENT k 1 TABULATION SHEET BID 0 21SS BID NAME WATER TREATMENT CHEMICALS DATE 12-F*b48 PAGE i OF 4 'E 1'LIOUN CHLORINE ONETONCYLIN M '^51 ORDER VENDOR UNIT PRICE NANO CIRTrM PRIC! FIRM DAYS N NA 2 HARCROS CHEMICAL 0.159A6 YES 12 MONTHS 3 COASTAL PRODUCTS 0.171SU YES 12 MONTHS 4 COLE CHEMICAL 0.3M YES 12 MONTHS A 2 SULFUR DIOXIDE ONE TON CYLINDERS GALLON TRUCKLOADS w . ORDER VENDOR UNITT PRICED NSFIO CERTII.- PRICE FIRM DAYS 26r►YT iC ^K T~11~ ",'S,~..i, is t K HARCRO EMICAL 26~k A ES *M IM HS 2 DPC INDUSTRIES 0.2821LB YES 12 MONTHS 3 COLE CHEMICAL 0.30&B YES 12 MONTHS 1 I I S13 FLUOROSILICIC ACID (4.000-4 GALLON TRUCKLOADS ORDER VENDOR UNIT PRICE Mr,60 CE"MI) PRICE FIRM DAYS i =c (0 b.os Le 1 as+ t ;t sae Y ins t3o~lnls 2 HARCROS CHEMICAL 0.075/LB YES 12 MONTHS 3 DELTADIST. 0.0785/LB YES 12 MONTHS ~ 23%ACIDITY i 4 LUCIER CHEMICAL 0.091m YES 12 MONTHS S ADVANCE CHEMICAL 0.105/LB YES 12 MONTHS 3 7.5 ❑ 32 X I O • BID 0 2186 BID NAME WATER TREATMENT CHEMICALS DATE 12-1 PAGE 2 OF 4 CX XM SODA BASit { ORDER VENDOR UNITPRICE mm cmi r C PRICE FIRM DAYS y 2 COASTAL PRODUCT 0.0148/LB YES 4 MONTHS I 3 HARCROS CHEMICAL 0.12101DRY LS YES 12 MONTHS 4 DANE CRAIG 0.121k6YLB YES DRY LB 6 DPC INDUSTRIES 0.12475 YES 2 MONTHS 8 AMPAC CHEMICAL 0A35M YES 12 MONTHS 7 ADVANCE CHEMICAL 0,1~2511L15 YES 12 MONTHS e COLE CHEMICAL 0,18331DRY La YES 12 MONTHS y 0 5 Ur4olID CAUSTIC SODA • RAYON GRADE DRY BASIS PDE ORDER VENDOR UNIT PRICE 11tFO URTFM PRICE FIRM DAYS 's In'7a Allf ftCE 99 1 '+r E6 6m s 2 HARCROS CHEMICAL 0.1561LB YES 3 MONTHS 3 DANE CRAIG 0.21 I&DRY LB 4 COLE CHEMICAL 0.2125 DRY L8 YES 4 MONTHS 5 COASTAL PRODUCT 0.2161L8 YES 4 MONTHS . I , 6 OPC INDUSTRIES 0,2421LB YES 2 MONTHS 7 DELTADIST. 0,325&8 YES 12 MONTHS r ~ o r I 1 4-1~yK00 32XI0 i` c l I BID # 21" BID NAME WATER TREATMENT CHEMICALS DATE 12-Feb-88 PAGE 3 OF 4 ;,#Q POTASSIUM PERMANGANATE 28K ISMO MINTS' k?, ORDER VENDOR UNIT PRICE mappacutiriep PRICE FIRM DAYS wma S 2 ADVANCE CHEMICAL 123SO/LB YES 12 MONTHS 3 SWEETWATERTECH 1.2M S YES 12 MONTHS 4 DANE CRAIG 127U YES 6 AMERICAN INTL CHEM. 1.283&.8 YES 12 MONTHS 8 HARCROS CHEMICAL 1.315/LB YES 12 MONTHS 7 DELTA DIST 1.31 AB YES 12 MONTHS 8 COLE CHEMICAL 1.32&8 YES 12 MONTHS 117 ANHYDROUS AMMONIA 2 T03 U8'Q LB SHIPMENTS :1 ±;t ORDER VENDOR UNIT PRICE NIFlO CffwT"p PRICE FIRM DAYS VN 1'g~"~ 1 2 AMMONIASERVICE 0.28&8 NO 12 MONTHS A S LIQUID FERRIC SULFATE PDS ORDER VENDOR UNITPRICE NIF40 CEBTPIID PRICE FIRM DAYS t s~ ' N~TH3~ + 2 MIDLAND RESOURCES 0.077618 YES 12 MONTHS 11 I I f a s i - ~ 2ax~lo 32xl❑ O BID 0 21N BID NAME WATER TREATMENT CHEMICALS DATE 12-Fe" PAGE 4 OF 4 N s SULWAICAC~-TECHY!CAI<GRAQ PED BY TANIL ORDER VENDOR UWT PRM MNO C["P= PRIM FIRM DAYS r.. l 2 SCHOLLE CORP 0.f 3254.B YES 12 MONTHS 2 AMPAC CHEMICAL 0.03631.8 NO 12 MONTHS 3 COASTAL PRODUCTS 0.04081LB NO 12 MONTHS 4 COLE CHEMICAL 0:0611.8 NO 12 MONTHS #10 CATIONIC POLYMER BULKSHIPMENTS 1 1 i~J ORDER VENDOR UNIT PWCE w cLvw" PmCE POW DAYS 2 FORT BEND SERV 0:54A.m YES 12 MONTHS 3 ARMSTRONG WATER 0.5661LB YES 12 MONTHS 4 POLYMER RESEARCH 0:676/18 YES 12 MONTHS 6 COASTAL PRODUCTS 0.5851LB YES 12 MONTHS 8 SWEEIWATER TECH 0.621LB 12 MONTHS 7 MAINT. ENO: CORP 0:635+LB YES 12 MONTHS 8 7HC CORP 0.83/LB YES 12 MONTHS 9 COLE CHEMICAL 017/1.8 YES 12 MONTHS 6 114 25 X I❑ 32XIO • • ORDINANCE NO. , AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF WATER + TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2166 - WATER TREATMENT CHEMICALS - VARIOUS SUPPLIERS ESTIMATED EXPENDITURE $450,000.00). WHEREAS, the City has solicited, rece led and tabulated competitive bids for the pudAse of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in tfe "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM 2166 1,7 DPC EXHIBIT "A" 2166 2 HARCROSS EXHIBIT "A" ° t 2166 3 PENCCO EXHIBIT "A" 2166 4 DELTA EXHIBIT "A" • 2166 5,9 ADVANCE EXHIBIT"A" { 2166 6 CARUS EXHIBIT "A" 2166 g FE3 EXHIBIT "A" 2166 l4 CYTEC EXHIBIT "A" w • SECTIO t. That by the acceptance and approval of the above numbered items of the S • submitted bids, the City accepts the offer of the persona submitting the bids for such items and agrees to purchase the mateials, equipment, supplies or services in accordance with the terms, specifications, standards, quanti ties and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. 7 is Y +0 • o ' SECTION III. That should the City and persona 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, condi dons, epeci5cations, standards, quantities and specified sums contained in the Bid Proposal and mired documents herein approved and accepted. SEC'T'ION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of Autds therefor in the amount aad In accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SFCTlON V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY BY: 11 21 fA SUPPLY OnDINANCE. 8 1n x o 25 Y, NEW IL I I • EXHIBIT "A" Chlorine DPC 0.153SAb .Yea 12 2 Sulfurbioxide Harcross 0.252Ab Yes 12 3 Flurosilicle Acid pen= 0,0693/lb Yes 12 4 50°/. Caustic (Diapkmm Grade Delta 0.1175/lb Yes 12 S 50% Caustic on Grade Advance 0.1950J1b Yes 12 6 Potass[nm Perman ante Cana 1.214/lb Yes 12 7 Anhydrous Ammonla DPC 0.2950+ Yes 12 B 50°/s Ferric Sulfate F83 0.045/lb Yes 12 9 Sulfuic Acid Advance 0.031/Ib Yes 12 I 10 C110notc Polymer C ec 0.5099/tb Yes 12 i ` 1 I 1 9 i 1 I :n •L, ' e~ Agenda No._._7~-pQ9 Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: March 3,1998 Questions concerning this acquisition may be directed DEPARTMENT: Finamx - Purchasing to Chad Chadwick 349.8101 ' ACM: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE APPROVING THE PURCHASE OF AND PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE SOLE SOURCE ACQUISITION OF TWO (2) HELMET MOUNTED THERMAL IMAGING SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 83109 - CAIRNS do BROTHER, INC. FOR $50,700.00). BACKGROUND Purchase Order #83109 and quotation number 2534 ESTIMATED SCHEDULE OF PROJECT i To be determined after receipt of order. j 111 PRIOR ACTIO 1REVIEW LCannclL ROM& COMMI21102121 The acquisition of the helmet mounted thermal imaging system has been reviewed and discussed at several levels and on several occasions. The City Council received a presentation and hands on demonstration at the meeting of January 6, 1998. FISCAL INFORMATION i The purchase of these helmet mounted systems will be funded from 1997-98 budget account numbers 236.006-0051.8121 510,509.17 100.060-0051-8508 $40,190.83 1 - 25 x 10 32XIII I` M1n y..a~a. I I AGENDA INFORMATION AGENDA ! MARCH 3, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORMATION This purchase order is for the acquisition of two (2) CalmsIRIS Helmet Mounted Thermal Imaging Systems Including: a Cairns 990 IRIS Helmet a Heads up display a Wiring Harem a Power Processor Unit i ! a Carrying Case • Rechargeable Battery a Battery Changer a Lens Care Kit a Training for two persons a Shipping and Handling The CarinslRIS Thermal Imaging Sysltr: will be utilized by the Fire Department In rescue and fire suppression operations. This highly sophisticated equipment allows the fire fighter to "see" in the dark or smoke filled areas. The CaimsIRIS product Is only available from Calms & Brother, Inc, and is protected by patent or copyright. Sole source purchases are exempt from the bid process as per Ian Lml Government Code. Chapter 212. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #I i Purchase Order k 83109 - Cairns & Brother, Inc. Attachment 02: Quotation #2534 CaimsIRIS 1003AGMA DX "•t t 2 25A0 32XIO 1 41 1 PURCHASE CHIDER ND: U J I u J U45 IS A this numbor mull slmsr on an CONFONAING ORDER Irlvolees, delivery sups, Cssa, IIF MARKW rlns., boXOL pscslrq stops WW bins. 00 NOT Oll►LICAT f pea No. Bid Na Data. 02 le 98 Pops No. 01 CITY PURCHASW DIVISION 1 9001 a TEXAS 8~f JTEDEFITON.TEXAS 16201-4354 9401349-1100 O1FW A4E1RO 0111261-0042 FAX 9401349-1302 VENDOR CAIRNS i BROTHER NAME) PO BOX 4076 OELIVERV CONFIRMATION ONLY C09 ADDRESS 60 WEBRO ROAD ADDIIESS FIRE DEPT CLIFTON NJ 07012-4076 217 1: MCKINNBf DENTON TM 76701 VENDOR NO. CAI 49000 DELIVERY ()UOtEO 03 05 98 FOB DESTINATION BUYER TS nwn &AMMMEM 001 2.00 EA VENDOR CAT. # N / A NFO NAME 20095.500 40,191.00 CITY # 34556 CAIRMSIR18 HELNENT MOUNTED THERMAL INKOING SYSTEM 002 2.00 EA VENDOR CAT. # N / A MtG MAKE 4,904.500 9,809.00 CITY # 34556 BALANCE OF FUNDIMO 003 1.00 LT VENDOR CAT. I K / A NF0 NAME 700.000 700.00 .L CITY # 34556 P i w SHIPPING AND HANDLING ATTACHMENT # 1 PION TOTAL s 500700.00 i i 01 190 TOTAL I $01700.00 01 236 006 0051 8121 90909.00 0 ' 02 100 060 0051 8508 40,891.00 i olow ^•y 4. 1. FK'yi~Us ' Al IS 'A*'1$ oo*N" fokow I~~•y~~1 INS to ~-FMl4AIs ^nw • No fZd w sk" iwo lie ow k kM.M ,IFMN W06") 1~MtXMNW #L M rim tills! - 5xlp 32011 0 ti AtTAMOM 12 ,t a ~ too • What You Need To Sea Dote 244 Deaom lFto Dopt4pooe Yaar Na 217 Mot Ma UEW Dade, TX 701 Yae Duo DNa 940.340`7302 Taro MT 10 kp NOW we P.OJL 01%1 iu m y J DOmy a 1! W ads o(*Mw l a Daa i/doa tiiao Amauot 1 CatemDSDS 8dmoi Mbar4d T►oreol I &JIM= ,000.09 1 i10A .00 Cokao 99m mms wide osoobd noma sear Oo tp) iioeoooo dldwld let~io Look ~1 (brit momwd} *Im kaataeod pata6 rmw t9aaoooa U A R ~~obb loterw Ior► Oproelo` "'eau ~ 7kYb~ br ~ two Ponoao is 1LI'lroodo aa• tw of01a goleri. t a Coka1 MMM ddp" low= ♦ ~ ~ (700,00 ' TOW P*=W Tame: W !0 D" of Yrdm Am DOWYTow " Cgb% 10 USA • Ddhwy i0 a, wAw by dksYltib O • Mlwrodr. I Yw trb• LoW No Tow Comm lrmpombw A OMBat alCO Mf S ftthM Na p.0. a= 5076.6o 1MOM NOAD, d„ MR. NLNV JOHLY 07019 7ti: goo-930.1800 o PAX: 073-473-13871 WWWCAMNSA&COM 4 - 26 to 32xio i 0 1 .i1NWY I i I i ORDINANCE NO. N AN ORDINANCE APPROVING THE PURCHASE OF AND PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE SOLE SOURCE ACQUISITION OF TWO (2) HELMET MOUNTED THFRMAL IMAGING SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASL ORDER # 83109 - CAIRNS & BROTHER. INC. FOR S50,700A0). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items I`f that are only available from one source, including: items that are oaiy available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragrarh; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: $U;T10N I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: I PURCHASE ORDER NUMBEg VE~fJZ4B AMOUNT 83109 CAIRNS & BROTHER, INC, $50,700.00 SECT. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. Ile s l 32xlo ?.h 10 rb , o i 1 SE ION JV. That this ordinance shall become effective Immediately upon its passage and approval, 'I I I PASSED AND APPROVED this the day of .1498 l I JACK MILLER, MAYOR I c ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 93 J 09SOLE SOURCE 6 i i a I i .,eenwr.~ • 0 F Agenda No _91r_009 Agenda ltem Dale 9le AGENDA INFORMATION SHEET j AGENDA DATE: March 3,1998 Questions concerning this acquisition should be directed DEPARTMENT: Finance _ Purchasing to Ed Hodney 349.8271 ACM., Kathy DuBm, 349.8228 SUBJECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED-EASTER SEALS SOCIETY; PARKS RESTROOM CLEANING, $18,935.00). BACKGROUND Exhibit I - Proposals from Texas Industries for the Blind and Handicapped-Easter Seals Society dated February 11,1998; Exhibit II - Schedule of cleaning frequency. i ESTIMATED SCHEDULE OF PROJECT This contract is to begin March 15, 1998 and continue through November 30, 1998. PRIOR ACTION/REVIEW (Council. Boards. Comroiaaio d N The possibility of contracting with a third party to supply these services was discussed by staff, Park Board and Council during the 1997-98 budget process. • FISCAL INFORMATION Funds for this service are available in 1997.98 Budget account number 100-038.0063- 8502, Parks Department Special Services. I ~ i l 25 k 10 32x10 • AGENDA INFORMATION SHEET MARCH 3, 1998 PAGE 2 OF 2 CONTRACT INFORl1IATION The purpose of this contract is to supply labor, materials, supervision and transportation to clean 10 park restroom facilities owned by the City of Denton. This contract is recommended for award to the Texas Industries for Blind and Handicapped•Eaater Seals Society in the amount of 518,935.00. It involves the daily cleaning of park restroo,ns from March 15, 1098 through November 30,1998. Contracts for services or goods supplied by the blind or severely handicapped are exempt from the bid process as per Texas Local Government Code Chapter 252.22. Section 13. Respectfully submitted: Name: Tom Shaw, C.P,M,, 349.7100 Title; Purchasing Agent Attachment NL Proposal Attachment k2, Cleaning Sc iedule 1009 AGMA f~r}t 1 i , r• • • f 2 . 2 x~ 32 X I O • tD I 0.'rC W. Pil dim! Rd.. Suite H,u,r. TX 1 hA\ li!t L LA171 i•a; FeLI? \I,na:.r February 11, 1999 Robert K. Tickner. Superintendent City of Denton 321 East McKinney Denton, Texas 76201 Dear bir. Tickner: On behalf of Easter Seal Society, T1BH is proud to propose the following prices to perform services under the State Use Contracts for the City of Denton: Parks Restroom Cleaning $18.935,00 per) ear. Parks Liner Cleaning S 18,579.98 per year. Per your agreement, the contracts are scheduled to begin March 15, 1998. 1 am forwarding the two State Use Contracts to Ms. Janet Allen of Easter Seal in Carrollton for signature, She will then forward the contracts to you for final execution. Bob. 1 would like to thank you for your Interest and participation in TIBH and the State Use Program, These employment opportunities are very valuable to the disabled of this area and we are sincerely appreciative, r` 1 Sincerely, a + Danny Hill cc; Janet Allen Easter Seal Soci:ry 3 i o swam I CITY OF DENTON pAW VjUr <ROOM CLEANING SETTVICZ MAINTENANCE AGREEMENT I yo„y I SprbW 1 • April 30) FACILITY FAEQUJQNCY at NQ CLEANING pee W= of Days Civic Center Park M,W,P,Su 02J South L" Park M,W,F,Su 4324 McXwft Park M,W,1¢,3U 4S U Fred Moore Park North Lela Park SoftbW Complex M,W,p,Su 48'u North Lakes Park SoAbail/Picaic MOW, * 43 ?a Evers Park Baseball M,W,F,Su 4574 Dania Park Softball MOWOVI&I Mack Paris Baseball Q`iforth ) ) M M,'WW,,F,oSu Su 4?'xs` 4 ff Summer: (May 1 • August TS) FACILITY MEQUINCY of » CLEANING par WEEK of Days I Civic Center Park Daily 107 South Lakes Park Daily 107 Mo':enna Park Daily 107 Fred Mom Park North Lakes Park Softball Complex Dally 107 North LAW Park Softball)Picnic Daily 107 lovers Park Baseball Daily 107 Denis Park Softba11 107 Mack Park Baseball (South) Daily 107 Mack Park BmW (North) Daily 107 Fall: (August 1S • November 30) E FACILITY FREQUENCY of 11: NDt CLEANING per WEEK of Days Civic Center Park M W F S,Su 76 ' ' South Lakes Park M,W,PjS,Su 76 McKenna Park M,W,P,S,Su 76 ~ • Fred Moore Park M',W,F,S,Su 76 ! North Lakes Park Softball Complex M,WMIS 60 North Lakes Park SafthdMicnie M,W,F,S 60 livers Paris Baseball M,W,F,S 60 mrda Park Softball M,W,F,S 60 Mack Park Baseball (South) M,W,P,S 60 Mack Park Baseball (North) M,W,P,S 60 fi 4 26 32XIO ti Athletic Sold restreoms must be Pinned before 9 a.m. on Saturday and Sunday. The shove 'Est. No. of Days' is an estimate oaly and subject to change without notice by tie Owner. If tray restrown is cursed due to weather (how), the Owner will W* the Contractor if cleaves is not necessary. All cleaning sw be completed by 5:00 p.m. on the days scheduled (except Saturday and Sunday which shad be before 9 a.m. at Athletic Pula). SLIMM r All supplies needed to complete this contract shall be supplied by the Contractor. Supplies are cleansers, deodorant, brushes, spray nozsla, hoses, jloves, tenet paper, paper towels, and other miscellaneous items as needed. SCOPES All restroom facilities sleuth be cleaned in the same manner, The Contractor shall go by the following work objectives: 1. SS~ floor, removing all litter, dirt, and foreign objects, place litter in trash bags or trash 2. Clean the entire surface area of all components of the toilets, urinals, and lavatories with i cleanser and brush, removing all stains and debris. 3. Spray all mirrors with window cleaner and wipe dry, leaving no streaks or spots. 4. Remove spider webs with broom. Spray oft areas that are not accessible by a broom. 1. Spray deodorizing disinfectant clearer over the complete area, covering the floor, walls, toilets, urinals, lavatories, ate. [save on for five minutes and then wash off. Toilet dials rolls shall be removed before cleaning and replaced &W claenittg, All stainless surf ce are to be wiped dry to eliminate npotdot, 6. All toilet paper rolls tlut are 314 used shalt be removed and replaced with a new roll, 7. Other restroom cleaning dudes may be added by the contract administrator as needed as tong as they do not materially change the scope of dudes. i s 2 5 x C~ 32XI❑ 0 ORDINANCE NO. AN ORDINANCE PROVIDINO FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED-EASTER SEALS SOCIETY; PARKS RESTROOM CLEANING, $18,935.00). WHEREAS, Section 252.022 of the Local Government Code provides that services performed by blind or severely disabled persons need not be submitted to competitive bids; and WHERE AS, the City Council has provided In the City budget for the rpproprial!on of lends to be used for the purchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the City Manager is hereby authorized to execute on behalf of 11 the City of Denton, Texas, a service contract, which to attached hereto and make a part I hereof for all purposes, that provides services relating to Parks Restroom Cleaning with the Texas Industries for the Blind and Handicapped Enter Seal Society in the amount of { $18,935.00. SECTION It. That the award of this contract is based on the services under this r contract being performed by blind or severely disabled persons. ' • SECTION 11L That this ordinance shall become effective Immediately upon its passage and approval. 6 25 10 32XIO e E PASSED AND APPROVED this the day of 1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CI'T'Y SECRETARY APPROVED AS TO LEGAL FORM; HERBERT L, PROUTY, CITY ATTORNEY HANDICAPPED4ESTROOM.0ItDINANCE I l 1 7 f 25 x 10 32XIO 0 Contract Number State Use Contract This contract and agreement is entered into by and between the Receiving Party and the Performing Party (Assigned Work Center) pursuant to the Authority granted in compliance with the provisions of Chapter 122, Human Resources Code, and certified by Texas Industries for the Blind and Handicapped (TIBH industries, Inc.) as a contract in compliance with the provisions of Chapter 122, Human Resources Code. L Contracting Parties. Receiving Party: City of Denton • Mr. Robert Tickner 321 East McKinney Denton, Texas 76201 Performing Party t Easter Seal Society 4443 North losey Lane Carrollton, Texas 75010 It. Statement of Services to be Performed: Parks Restroom Cleaning III. Basis for Calculating Reimbursable Costs. See Bid Proposal i IV. Contract Amount. The total amount of the Contract shall not exceed: $ 18,935.00 per year. V. Payment of Services: The Receiving Party shall pay Performing Party, or pay TIBH as assignee and servicing agent of Performing Party's interest In the payment under this contract I (as directed), for goods and services received upon receipt of a proper Invoice or voucher prepared by the Assigned Work Center or TIBH within thirty (30) days from receipt of same. Palmicnt for services performed shall be billed monthly as outlined and services A ! provided. VI. Term of Contract This contract 1.4 to begin March 15, 1998 snd shall be reviewed annually or upon , shalt be reviewed annually or upon request of any of the contracting parties. THE UNDERSIGNED PARTIES do hereby cerl* that, (1) the services specified above r~ are necessary and essential for activities that are properly within the statutory functions and programs of the affected patties of Local W State Government, and (fl) the services, / supplies or Contract, are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under Contract given to the lowest responsible bidder. B 75 X O 32XIO ~I • I afBll~l Contract Number RECEIVING PARTY Receiving Party further certifies that it has authority to contract for the above services by authority granted in Section 122.005, Section 122.004, and 122.017, including but not limited to Section 122,007, Chapter 122, Human Resources Code. City of Denton. Parks and Recreation De artment Name of Receiving Party Authorized Signature Date PERFORMING PARTY The undersigned signatory for the Performing Party hereby represents and warrants that s/he is a officer of the organization for which she has executed this Contract; and that the office: has full and complete authority to enter into this contract on behalf of the Performing Party and has legal authority to perform the activities provided for herein. Easter Seal Society Name of Performing Party ALslr6rized Signature o~ -/7- 9R' Date CERTIFYING PARTY Texas Industries for the Blind and 1 Handicapped, Inc. (TISH Industries, lnc,) it ~ ~ • • rf Au o zed Sign e Date 9 l` 25 x d 32 X a glop" 9 AV%VUM CITY OF DENI'ON PARKS RFS MOOM CLEANING SERVICE MAIIV MANCE AGREEMENT Q$ M' : f The purpose of this contract is to supply labor, rnaterWs, Supervision and transportation to clean ten (10) restroom Eaeilides owned by the City of Denton hervinaher referred to as 'Owner' or "City'. The facilides are to be cleated on the following frequencies based on mason: Athletic field r strooms must be cleated before 4 a.m. on Saturday CA Sunday. Summers (May 1 • August 15) FACILITY FREQUENCY of FBT. Na CLEANING per WEEK of Days Civic Center Park Daily 107 South Lakes Park Daily 107 McKenna Park Daily 107 Fred Moore Park Daily 107 North Lakes Park Softball Complex Daily 107 North Lakes Park Softball/Picnic Daily 107 Evers Park Baseball Daily 107 Denis Park Softball Daily 107 Mack Park Useball (South) Daily 107 Mack Park Baseball (North) Daily 107 Fall: (August 15 • November 30) FACILITY FREQUENCY of fff NQ CLEANING per WEEK of Days Civic Center Park M,W,F,S,Su 76 South Lakes Park M,W,F,S,Su 76 p t McKenna Park M,W,P,S,Su 76 Fred Moore Park M',W,F,S,Su 76 North Lakes Park Softball Complex M,W,P,S 60 North Lakes Park Softball/Picnic M,W,F,S 60 i Evers Pak Baseball M,W,P,S 60 { Denla Park Softball M,W,P,S 60 Mack Park Baseball (South) M,W,F,S 60 • Mack Park Baseball (North) M,W,P,S 60 • '0 / to j t 75 x ~ri 32X~~J Ir i o Sprio•s~ 1 • April 30) FACUM FREQUENCY of WE Na CLEAMG Per WEEK of Days Civic Center Park M,W,F,Su 0928 South likes Park M,W,F,Su 4524 McKenna Park M,W,F,Su 45 as Fred Moore Park M,W,F,Su 45 2d North Glees Park Softball Complex M,W,F,Su 47 w North Glass Park So W c M,W,F,Su 45 id Evers Park Baseball M,W,F,Su 452S Derda Park Softball M,W,F,Su 4524 Mach Park Baseball (South) M,W,F,Su 4724 Mack Park Baseball (North) M,W,F,Su 472tf The above 'Est. No. of Days' is an estimate only and subject to change without notice by the Owner. tf any restroom is closed due to weather (freeze), the Owner will notify the Contractor if cleaning is not necessary. All cleanin; shall be completed by S;00 p.m. on the days scheduled (except Saturday and Sunday which shag be before 4 a.m. at Athlede Parks). SUPRIM: All supplies needed to complete this contract shall be supplied by the Contractor, Supplies are l cleansers, deodorant, brushes, spray nozzles, hoses, gloves, toilet paper, paper towels, and other Hscellaneous items as needed. SS~QPE= All restroorn facilities shall be cleaned in the same manner. The Contractor shall to by the following work objectives: 1. Sweep floor, removing all litter, dirt, and foreign objects. Place litter in trash bags or trash barrels -44 2. Clean the entire surface area of all components of the toilets, urinals, and lavatories with ,M cleanser and brush, removing all stains and debris. • 3. Spray all minors with window claner and wipe dry, leaving no streaks or spots. 4. Remove spider webs with broom. Spray off anal that are not accessible by a broom. tleettoom Claaiuj Serviu Mdntee~ece Aamreeot • PAGE 2 22 - 25 x ~a 32 x~~ o S. Spray deodorizing disinfectant cleaner over tha t#W# fe area, covering the floor, walls, toilets, urinals, lavatories, etc. Leave on for live (5) minutes and then wash off. Toilet duce rolls shall be removed before cleaning and replaced after classing. All stainless suAM are to be wiped dry to eliminate spotting. 6. All toilet paper rolls that are 314 used shall be removed and replaced with a new roll. 7. Other restroom cleaning duties may be added by the contact administrator as needed as long as they do not materially change the scope of duties. PI FORMMANCirr Facilities shall be Inspected regularly by Parks Division persaurol to insure thorough cleaning gad contract compliance. For the purposes of this contract, the Superinumdent of Parks shall be the contra-.t administrator for the City of Denton and an be contacted at the Civic Center, 321 E. McKinney, Denton, TX 76201, (940) 344-8275. The contract administrator shall have the authority to set cleaning schedules, corms unicate to the Contractor regarding any deficiencies In petfornunce, and terminate this contract for any breach of contract by the Contactor, if neces:-iry. TERMS OF CONTRACT AND CANCET-1,ATION: This contract shall remain in effect from the date of award to September 30, or until terminated by either party by giving written notice of such cancellation. This contract may be renewed and extended upon mutual agreement of the Owner and Contractor for l two (2) additional one (1) year periods at the same terms and conditions. The Owner, at its option, may cancel this contract immediately without written nodco or recourse in the event of unsatisfactory performance, breach of contract, or any unlawful and illegal acts committed by the Contractor and/or his/her employees. The Contractor or Owner inay terminate this contract with thlM (30) days written notice. The absence of written notice of cancellation by the Contractor subjects the Contractor to forfeiture of one week's payment. TRANSPORTATION: The Contractor shall supply transportation from facility to'facility. The Contractor shall be allowed to drive adjacent to the restroom facilities when necessary and shalt be held liable for any property damages that result from driving on City property, e.g. ruts In wit turf. i_LA1tIL SMUNCEMOREMAN+e CORM SATION: , ` Bidder's attention is directed to the Insurance requirements below, It is highly recommended that • bidders confer with their respective insurance carriers or broken to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided jt! herein, If in apparent low bidder faits to comply strictly with the insurance requirements, that bidder Reauwm Cteenini Senior Meinteneem Aahement •FACE 3• 12 25 x 32X10 1 , i 9 a , may be disqualified from award of the contract. Upon bid awed, all insurance requirements shall become contractual obligations which the succesafld bidder shall have a duty to maintain throughout the course of this contract. f STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter, As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insunance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements to any time; however, Contractors are strongly advised to nuke such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted; • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or scif•imured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • • Name as additional insured the City of Denton, its Officials, Agents, Employees 1 and volunteers. • • That such insurance is primary to any other Insurance available to the additional ' insured with respect to claims covered under the policy and that this Insurance applies separately to each insured against whom claim is made or suit is brought. The Inclusion of more than one insured shall not operate to Increase the Insurer's limit of liability. • All policies shall be endorsed to provide ddrtyfX) days prior written notice of ' • cancellation, non-renewal or reduction in coverage, 1J Aeatroom Clwin5 Service Matnteaanee Agreement • PAGE 4 • 11 _ -k P 2 5 0 32xI❑ 1 i e Should any of the required insuntncs be provided under it claims-made. form, Contractor shall maintain such coverage continuously throughout the terra of this contract and, without lapse, for a period of three years beyond the contrut expiration, such that occurrences arising during t►e oonbW terns which give rise to calms nude after expiation of the contract shah be covered. e Should any of the required insurance be provided under a foam of coverage duct ` Includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contactor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Laurance, • Should any required Wunance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by Us contract, effeetive as of the lapse date, If Insurance 1s not reinstated, City ray, at its sole option, terminate this agreement effective on the date of the lapse, SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Ali insurance policies proposed or obtained In satisfaction of this Contact shall additionally comply with the following marked specifications, and shall be malnWried In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Llabiiky Insurance: General Liability insurance with combined single limits of not less than 4!=o0p shall be provided and maintained by the contractor. The policy shall be written on an occurrence bails either In a single policy or in a combinstton of underlying and umbrella or excess policies. If the Commercial General liability form (ISO Form CO 0001 current edition) Is used: e CoverageA shall Include premises, operations, products, andcompleted operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage. e Coverage B shall Include personal Injury, e Coverage C, medical payments, is not required, If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, It shall Include at least: lteetroom Cleaning Servia Maiaimaws Aereemeal • FACE f 11 i 25 x l~ a 32 x I O • e Bodily Injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from exploston, collapse or underground (XCU) exposures. e Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage « liability, IXI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSLI of not less then _500.000 either In a single policy or In a combination of basic and umbrella or excess policies, The policy will Include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for: e any auto, or e all owned, hired and non owned autos, i IXI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, In addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a 1500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogatlon against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured, For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with 1408.098 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commisslon (TWCC). I 1 Owner's and Contractor's Prolective Liability insurance r The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as Insured for property damage and bodily in)ury viol which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on am 'occurrence' basis, and the policy shall be RsatMOM Clemina SeMce Msinleuace Apeemeat •PAGE 6- IS ` 7:5 x 32X~d 4 ars. , • Issued by the same Insurance company that carries the contractor's liability Insurance. Policy ilmits will be at feast ~•r combined bodily Injury and property damage per occurrence with a aggregate, l 1 Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or If a contractor losses or rents a portion of a City building. Limits of not lass than each occurrence are required. { I Professional LisbMW Insurance Professional liability Insurance with limits not leas than per claim with respect to negligent acts, errors or omissions In connection with professional services to required under this Agreement, t 1 Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shell be provided. Such policy shell Include as `Named Insured" the City of Denton and all subcontractors as their Interests may appear, Additional Insurance Other Insurance may be required on an Individual bash for extra hazardous contracts and specific service agreements. If such additional insurance Is required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract speclficatlons. . Retlrooro CIe~n3n~ Sarvla M+inunuia Aerwrobi •PAO6i• 16 3 ~ L: 25 32 x M C o , s ATTACHMENT 1 I j Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ('certificate"I-A copy of a certificate of Insurance, a certificate of authority to self-Insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC•82, TWCC•83, orTWCC•841, showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project • Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity, Persons providing services on the project ("subcontractor" In 1408.098) Includes all persons or entitles performing all or part of the services the contractor has undertakents perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This Includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which y furnishes persons to provide services on the project, "Services" Include, without limitatlon, providing, hauling, or delivering equipment or materials, or provlding labor, transportation, or other service related to a project. "Services" does not Include activities unrelated to the project, such as food/beveraos vendors, office supply deliveries, and delivery of portable toilets. 8. The contractor shalt provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of tha project. C. The Contractor must provide a certificate of coverage to the governmental • entity prior to being awarded the contract. D. If the coverage period shown on the contractor's currant certificate of coverage ends during the duration of the project, the contractor must, prior to the and of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. k r E. The contractor shalt obtain from each person providing services on a project, and provide to the governmental entity: Reatroom Clueing Service Meinlemwe Alreerou,t PACE t 7y 32XIO C • 1 (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 12) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shel retain all required certificates of coverage for the duration of the project and for one year thereafter. 0. The contractor shall notify the governmental entity In writing by certified mail of personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, In the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom It contracts to provide services on a project, to, (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 12) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project; . 13) provide the contractor, prior to that end of the coverage period, a new certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom It contracts, and provide to the . contractor, 40 (a) a certificate of coverage, prior to the other person beginning work on the project; and Resircom Cleaning Service Melntcnenca Agreement PAO# 9 la - x 32x10 ~5 , • 6 (bl a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; r t (0) notify the governmental entity In writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially off ecte the provlslon of coverage of any person providing services on the project; and 17) contractually require each person with whom It contracts, to perform as required by paragraphs 11) • (71, with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certiflosts of coverage, the contractor Is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper (sporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, In the case of a self-Insured, with the commission's Division of Self-insurance Regulation, Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions Is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. PAYMENT: The Contractor shall submit to the Parks Superintendent and Invoice for payment, fully detailing all work performed for the previous week, Le. a daily log of facilities cleaned each ~ day. Upon approval, a check shall be processed by the Accounts Payable Division. The Invoice shall be submitted to the Perks Superintendent no later then 6:00 p.m. each Friday for payment to be processed by Friday, 4:00 p.m. of the following week, Should Involces be turned in after the Friday cut-off time, payment shall be made the following week, CONTRACT PRICE: I ,r l The following payment schedule shall be In effect for the term of this contract unless amended by mutual agreement of both parties, Restroom Cteminj Service Maintsnence Agreement • PAGE 10 4 ? K~ 1❑ 32x 1 1 ..ice FACILITY CONTRACT PRICE per CLEANING Civic Canter Park 1 qN South Lakes Park j qj McKenna Perk qi Fred Moore Park qv'- North Lakes Park Softball Complex Iq w North Lakes Park Softball/Picnic 1qg Evers Park Baseball Denis Park Softball 4 yq, Mack Park Baseball {South) 4 q•~ Mack Perk baseball (North) tqo!~ Restroom facilities for c!eentng may be added or deleted by written amendment to the contract upon acknowledgement and execution of such amendment by both parties. VANDALISM; The Contractor shall report any graffiti on walls, Inside or out, of each facility and/or any vandalism, Inside or out, to the Parks S iperintendent on the day of discovery. CONTRACT AQREEMENT; Both parties agree to all terms and conditions of this contract. Should Contractor not fulfill all specificatlons stated within this agreement to Owner's satisfaction, Owner reserves the right to terminate this agreement I Iwe) understand and shalt willingly accept all objectives and responsibilities of this contract on this the day of loge, CONTRACTOR: CITY OF DENTON `f a,t of Ml&,. ~ Sx' Noma alpnat od ` q44 b A. ~ ra Ca- dl~"T~ T Addrau 7501 a hlAtad NarrN j Phone No. TWo j ~3.0800to~(e Fodafal Tax I.D. Nor SipMty .r ut~osut ~ ~ r Re~troom C€Ye€n~ Servte~ Mvouaea Atrambt • PAGE I I 20 25>t~~ 32X 1 1 1 1 i r a. r ' f N KiYM~I MMWr raw RD teem a ►a Stu r,.tve.ow+w. 646001% FAVA06M r.ry ~.rpa s/' ` • MMWA ° ~ tae OWWAN "•uvwewri mom Poo MAp gy It ~9!tWM _gljif p, 9 , f MMt - UI.--.._ F •f~bY1s~ Ofl~~ I f•VWn~r r 9M~a,rt I4,t'C,.,If PMt7R iro f ~ III,~Mp _ ~ ~ ~ ~ tw I W l wow w~ ~~en MtlPrt LIiOw`lu, Win./~j• ~Iriaw~r w ~r ~I NPYIr. ...5_ ' 4 i! t.~ if +tf"N 03.r Q A meet &W i uan may, g! I rt+a+atb su<r ~ yrwr / rs,a~. I t una owr,w ~ ' Lswua •0oht~•1r Deft<1Patt jr F ~ •I,gvn WrrH Wd IuY ~ Rwepe ' ~ ' GOAL 1 3 meet rrw ouvadi j 1971 Dcj. M. Sawa AEu l7SA , 4 4toU11r 4 ~ T S 21 j a xlo 32XIa s 0 IMAM Apanda No &nP40y Apanda item Data AGENDA INFORMATION SHEET AGENDADATEI March 3,1998 Questions concerning this acquisition should be directed DEPARTMENT: Finance - Purchasing to Ed Hodncy 349-8271 ACM: Kathy DuBose, 349-8228-P SUBJECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (TEXAS INDUSTRIES FOR THE BLIND AND IIANDICAPPED-EASTER SEALS SOCIETY; PARKS LITTER CLEANING, $18,379.98). BACKGROUND Exhibit I - Proposals from Texas Industries for the Blind and Handicapped-Easter Seals Society dated February 11,1998; Exhibit lI - Park Litter Cleaning Service Schedule. ESTIMATED SCHEDULE OFZ=Cl This contract is to begin March 13, 1998 and continue through November 30, 1998. 1 PRIOR ACTIONZRFMEW(Council Boards Comnlalaslons) a '-K The possibility ofconlracting with a third party to supply these services was discussed by staff, Park Board and Council during the 1997.98 budget process. FISCAL, INFORMATION 1 Funds for this service are available In 1997.98 Budget account number 100.038.0063• i 8302, Parks Department Special Services. j I I I 25 10 32XIO 1 i 0 rtrtttW~ AGENDA INFORMATION SHEET MARCH 3,1998 PAGE 2OF2 CONTRACT INFORMATION The purpose of this contract is to supply tabor, materials, supervision and transportation to clean ten (10) parks owned by the City of Denton. This contract Is recommended for award to the Texas Industries for Blind and Handicapped-Easter Seals Society in the amount of $18,579,98. It involves the scheduled litter pickup and cleaning of parks from March 15, 1998 through November 30,1998. Contracts for services or goods supplied by the blind or severely handicapped are exempt from the bid process as per Texas Local Government Code Chapter 252.22. Section 13. Respectfully submitted: Name: Tom Shaw, C.P,M., 349.7100 Title: Purchasing Agent Attachment#L Proposal Attachment 02: Cleaning Scbedule r.v 1010 AGENDA. ° I 2 2.5 K 10 32x CI i 4 i IMF' W. Pipeline Rd., Suite INA Hurst. TX W53 DAN'SN 111LL ISti15Sa,'; o Field Salo Shnaor February 11, 1998 Fax: lslil SSa.;;== Robert K. Tickner, Superintendent City of Denton 321 East McKinney Denton, Texas 76201 Dew Mr. Tickner, On behalf of Easter Seal Society, TIBH is proud to propose the following prices to perform services under the State Use Contracts for the City of Denton: Parks Restroom Cleaning $18,935.00 per year, Parks Liner Cleaning 518,579.98 per year. Per your agreement, the contracts are scheduled to begin March 15, 1498. 1 am forwarding the two State Use Contracts to Ms. Janet Allen of Easter Seal in Carrollton for signature. She will then forward the contracts to you for final execution. Bob, I would like to thank you for your Interest and participation in T1BH and the State Use Program. These employment opportunities are very valuable to the disabled of this area and we are sincerely appreciative. i rs> p Sincerely, Danny Hill A cc: Janet A]len E ~ Eater Seal Society , 3 I 7 x 10 32x'1a p aaw CITY OF DENTON PARS LrrrZR CLEANING SERVICE MAIIVMANCE AGREEM$VT 9s , The purpose of thb contract is to supply labor, materials, supervision and Edon to clean ten perb owned by the City of Denton herainstar referred to as 'Owner' or 'City'. The parks are to be cleaned on the following bequencies based on season: ' Sprhys (FebpdGy 1Sy April 30) PARKS LZAMG per ys Em Na WEEK of Days Avondale M At TH 210 `i BowWy Green M Ac TH 22 r'f BriuoliFf MATH 9314 Fred Moors MATH 2114 Joe Sidles M At TH 2214 mexam MATH 2214 Milsnt M Ac TH 9214- Nette Schultz M do TH 22 Jq Owsley MATH 14 Phoenix M A TH i ' i Summers Q&y 1 • August 15) PARKS FREQUENCY of RE Na CLEANING per WEEK of Days Avondale M, W, F 46 MOWIP 46 Bowling Jls ° Green Brilnuff M, W, F 46 Fred Moore M, W, F 46 Joe Sidles M, W, F 46 McKenna M, W, F 46 Milam M, W, F 46 Netts Schultz M, W, F 4b Owsley M, W, F 46 Phoenix M, W, F 46 • • L 11 5x10 32x10 • 0 n ' Fall: (August 15 - November 30) PARKS FREQUENCY of ETI'. Na CLEANING per WEEK of Days Avondale M. & TH 32 Bowling Green M & TH 32 Briarcliff M & TH 32 Fred Moore M & TH 32 Joe Skiles M & TH 32 r McKenna M & TH 32 Milam M & TH 32 a Nette Schultz M & TH 32 Owsley M & TH 32 Phoenix M & TH 32 The above 'Est. No. of Days' is an estimate only and subject to change without notice by the Owner. AU cleaning shall be completed by 5:00 p.m. on the days scheduled. i SDP,P,LIFSs i All supplies needed to complete this contract shall be supplied by the Contractor. Supplies are bags, hand tools & brooms, whisk pans or debris handling tools, and other miscellaneous items as needed. SCOPE- ~ I AU park facilities shall be cleaned in she same manner. The Contractor shall go by the following work objectives: 1. Remove all litter and debris from each park to create a liter-free zone. • 2. Litter and debris can include but is not limited to any introduced product not nomully associated with natural park functions, Natural work debris should include tree limbs or branches, acorns or nuts, leaves, weeds, and other organle debris. Any debris from park structures are also considered park related, not introduced. 3. Pick up all litter and debris from all park surfaces which include turf areas, playing surfaces, • Le. tennis and multipurpose courts, playground surfaces, sheiters and picnic areas, walkways. 0 • parking lots and parking zones next to the park (usually 6 feet), 4, The Contactor is to place all collected litter and debris into trash receptacles pro-Aded by the r City parks Department. The City will dispose of all collected debris and litter, 5 Kit' Y, 3 2 x 1 0 e 1 i i ORDINANCE NO. ` AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED-EASTER SEALS SOCIETY; PARKS LITTER CLEANING, S18,579.98). WHEREAS, Section 252.022 of the Local Government Code provides that services performed by blind or severely disabled persons need not be submitted to competitive bids; and WHERE AS, the City Council has provided in the City budget for the appropriation of funds to be used for the purchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT[ Oi U, That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, a service contract, which is attached hereto and make a part hereof for all purposes, that provides services relating to Parks Litter Cleaning with the Texas Industries for the Blind and Handicapped-Easter Seal Society in the amount of $18,579.98. SECTION It. That the award of this contract is based on the services under this contract being performed by blind or severely disabled persons. SECTION-111. That this ordinance shall become effective immediately upon its passage and approval A i. b 1 2.5 x 10 32x1[1 1 0 r. w PASSED AND APPROVED this the day of 1498. JACK MILLER, MAYOR i i ATTEST: JENNIFER WALTERS, CITY SECRETAM' APPROVED AS TO LEGAL FORM, HERBERT L\ PROUTY, CITY ATTOMY "AN DICAPP E D. L I S7ER.0RDI NANC P. f \ 1 y 4 4\ 25' ~ 32x~C i :,.am. C OVAM Contract Number State Use Contract This contract and agreement is entered Into by and between the Receiving Party and the Performing Party (Assigned Work Center) pursuant to the Authority granted In compliance with the provisions of Chapter 122, Human Resources Code, and certified by Texas Industries for the Blind and Handicapped (TIBH Industries, Inc.) es a contract in compliance with the provisions of Chapter 122, Human Resources Code, 1. Contracting Partlesr Receiving Party, City of Denton • Mr. Robert Tickner 321 East McKinney Denton, Texas 76201 Performing Party . Easter Seal Society 4443 North Josey Lane Carrollton, Texas 75010 IL Statement of Services to be Performed: Parks Litter Cleaning III. Basis for Calculating Reimbursable Costst See Bid Proposal IV, Contract Amounts The total amount of the Contract shall not exceed; S 18,579.98 per year, I V. Payment of Servicest The Receiving Party shall pay Performing Party, or pay TIOH u assignee and servicing agent of Performing Parry's interest in the payment under this contract (as directed), for goods and services received upon receipt of a proper Invoice or voucher prepared by the Assigned Work Center or 138H wiNn Wrty (30) days from receipt of same, Piyment for services performed shall be billed monthly u outlined and services provided. V1, Term of Contract This contract Is to begin March IS, 1998 and shall be reviewed annually or upon shall be reviewed annually or upon request of any of the contracting parties. THE IfNDERSIONED PARTIES do hereby certify that, (1) the services specified above i • are necessary and essential for activities that are properly within the statutory functlord and programs of the directed patties of Local and State Government, and (11) the services, supplies or Contract, are not required by Section 21 of Meld XV1 of the Constitution of Texas to be supplied under Contract given to the lowest responsible bidder. A ~l] 25 32x ' o Contract Number RECEIVING PARTY Receiving Party farther certifies that it has authority to contract for the above services by authority granted to Section 122.005, Section 122.004, and 122.017, including but not limited to Section 122.007, Chapter 122, Human Resources Code. City of Denton. Parks and Recreation Department Name of Receiving Party Authorized Signature Date PERFORMING PARTY The undersigned signatory for the Performing Party hereby represents and warrants that slhe is a officer of the organization for which s/be has executed this Contract; and that the officer has N11 and complete authority to enter into this contract on behalf of the Performing Party and has legal authority to perform the activities provided for herein. Eater Seal Society Name of Performing Parry L3 Auth zed Signature e9' 17- 4~ Date -t i CERTIFYING PARTY Texas Industries for the Blind and Handicapped, Inc. (TIBH Industries, Inc.) 'a1► Authorized SIgnatur 2-1 Data 9 25x10 32x14 A O j y CITY OF DEMON PARKS mmm CLEANING SERVICE MAINTENANCE AGREEMEN'T' OBBL'TIVE3 The purpose of this contract is to supply labor, materiels, supervision aid transportation to clan ten perks owned by the City of Denton hereindker referred to as 'Owner' or 'City'. The pain are to be cleaned on the following frequencies based on seuen: Summers (May 1 - August 13) PARKS FREQUENCY of or. N06 CLEANING per WEEK of Days Avondale M, W, F 46 Bowling Green M, W, F 46 Briarcliff M, W, F 46 Fred Moore M, W, F 46 Joe Sidles M, W, F 46 McKenna M, W, F 46 Milan) M, W, F 46 Nette Schulte M, W, F 46 Ow4ey M, W, F 46 Phoenix M, W, F 46 Valli (August iS • November 30) PARKS FREQUENCY of FSr, Na CLEANING per WEEK of Days Avondale M do TH 32 Bowling Green M do TH 32 Briarcliff M dx TH 32 r i Fred Moore M dx TH 32 Joe Skiles M do TH 32 McKenna M dx TH 32 Mllam M dx TH 32 Nette Schultz M dt TH 32 Ow:ley M dt TH 32 Phoenix M & TH 32 'Ile to 7.5x ❑ 32x ❑ 0 Springs (Febmtry 15 • April 34) PARKS MEQUENCY of EMNta CLEANING per WEEK of Days Avondale M do TH 23 +4 Bowling Green M do TH 2219 Briarcliff M & TH 2214 Fred Moore M & TH 2214 Joe Skile: M do TH 22 14 McKenna M tit TH 221,+ Mllam M & TH 221 q- Netts Schur M do TH 22 jq Owdey M tit TH 23 i 4 Phoenix M do TH 22 1,+ The above 'Eat. No. of Days' is an estimate only and subject to change without notice by the Owner. All cleaning shall be completed by 5:00 p.m. on the days scheduled, SIFPPI.TF.Ss All supplies needed to complete this contract shall be supplied by the Convector, Supplies are bait, hand tools & brooms, whisk pans or debris handling tools, and other miscellaneous items is needed, SlrQPEt ~ All park facilities shall be cleaned in the same manner. The Contactor shall go by the following work objectives: 1. Remove all litter and debris from each park to create a titter-Free :one, 2, Litter and debris can include but la not limited to any introduced product not normally associated with natural park functions. Natural work debris should Include tree limbs or branches, atoms or nuts, leaves, weeds, and other organic debris. Any debris from park structures are also considered park related, not introduced. fA 3. Pick up all litter and debris from all park surfaces which include turf area, playing surfaces, Le. tennis and multipurpose courts, playground surfaces, shelters and picnic areas, walkways, parking lots and parking zones next to the park (usually 6 feet). 4, The Contractor Is to place all collected Sitar and debris into trash rtceptacles provided by the City Parks Department, The City will dispose of all collected debris and litter, 1 Udo Cleeataa Service Meiammes Aar*rmat 1 •PA662, Ile I 11 p i PElUQBXMCE- Parks shW be inspected regularly by Parks Division personnel to insure thoroujh clesrrng and contract compliance. For the purposes of this contract, tiro Superintendent of Parks shall be the contract administrator for the City of Denton and can be oontactsd at the Civic Center, 321 B, McKinsey, Denton, TX 76201, (940) 349-8275. The contract administrator shall have the authority to at cleaning scheduks, communicate to ttte Contractor regarding any deficiencles in performance, and terminate this contract for any breach of contract by the Contractor, if necessary, 1TJ MC OF_CQNTRACr AND CAN t.r.ATiQNI This contract &MU remain in effect from the date of award to September 30, or until terminated by either puty by giving written notice of such cancellation. This contract may be renewed and extended upon mutud agreement of the Owner and Contractor for two (2) additional one (1) year periods at the sans. tears and conditions. The Owner, at its option, may cancel this contract Immediately without written notice or recourse in the event of unsadsfectory performance, breach of contract, or any unlawful and &Ssl acu committed by the Contractor and/or his/her employees. The Contractor or Owner nay terminate this contrxet with thirty (30) days written notice. The absence of written notice of cancellation by the Contractor subjects the Contractor to forfeiture of one week's payment. 1 TRANSPQRTATIQNs The Contractor shall supply transportation from facility to facility. The Contractor shall be allowed to drive upon the facilities when necessary and shall be held liable for any property "lei that result from driving on City property, e.g. ruts In wet turf, LIAR M/INSMI_sNCE/WOR_KMAN'S C 1Q$ATIQNs Bidder's attention Is directed to the insurance requirements below, It is highly recommended that bidders confer with their respective insuranu carriers or broken to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided r herein. If an apparent low bidder falls to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. UFon bid award, aft insurance requirements "ll become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of chit contract. STANDARD PROVISIONS: r Without limiting any of the other obilgsdons or liabilities of the Contractor, the Contractor shall • provide and maintain until the contracted work has been completed and accepted by the City of J~o Denton, Owner, the minimum insurance coverage as indicated hereinafter. tJtrer Cteaelni Seevtw Maisuauaee A mcor FACEI 17 =10 32X10 Mong • 0 A.s soon as practicable after notification of bid award, Contractor shalt file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, alnee the irwrance requirements may not be modified or waived alter bid opening unless a written exception has been submitted with the bid. Contractor shall no Comm uce any work or dealer any material until he or she receives nodittion that the contract ham been accepted, approved, and signed by the City of Dental. Ali insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and abaft be maintained in compliance with these general specifications drronghout the duration of the Contract, or longer, it so noted: • FAch policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least J • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the Insurer shall reduce or eliminste such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shill procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. e Liability policies shall be endorsed to provide the following: • e Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. 00 That such insurance is primary to any other Insurance available to the additional insured with respect to calms covered under the policy and that this insurance applies separately to each Insured against whom calm is made or suit Is brought. The inclusion of mom than one insured shall not operate to Increase k the insurer's limit of liability, e All policies shaU be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. e Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the tern of this • contract and, without tapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. e Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate Umit providing for claims investigation or legal • • defense costs to be Included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contactors Protective t9P~ UtbiUry insurance. Uikt Clemal Servla Mdatmou Arreemwt • PAGE 4 13 I i ~hwit~ 32xIO i O e Should any required insurance lapse durirtg the oontsact term, requests for pyments originadn j alter such lapis shall not be pewmW undi the City reoeives saddictory evideaoe of n1a tsted coverap as required by We coooract, effsedw as of the lapse date. If Irsu sm Is not reimtsted, City may, at Its sole option, terminate dds nreemam eftecdve on the date of die laps. SPECIFIC ADDITIONAL. INSURANCE REQVMEME M: Ail insurance poIlclas prgxwd or obtained In sadsfudon of dais Contract d" sdditionatiy comply with the toltowing marfaed w4ficadons, and shall be meiotsined in compliance with dices additional spacadons throughout the dumdon of the Contract, or longer, it so noted: pQ A. General Liability Insurance. General Liability Insurance with combined single limits of not lose than tsmocc shall be provided and maintained by the contractor, The policy shall be written on an occurrence basis either in s single policy or In a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CO 0001 current edition) Is used: e Coverage A shall Include premises, operetlona, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage. e Coverage B shall Include personal Injury, e Coverage C, medical payments, Is not required. If the Comprehensive General Llsbllity form (ISO Form GL 0002 Current Edition end ISO Form GL 0404) to used, It shall include at least: e Bodily Injury and Property Damage Lisbll)ty for premisee, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground IXCUI exposures, e Broad form contractual liability )preferably by endo(sement) covering this contract, personal Injury liability and broad form property damage Ilablilty. IX) Automobile Liability Insurance. Contractor shell provide Commercial Automobile Liability Insurance with Combined G .i Singie Limits (CSL) of not less than _600,060 either In a single policy or in a combination of l e a end umbrella or excess polle lei. The policy will Include bodily Utter a"u Aj lerviol Maamom Agreement •PA06e• It . 1, r ' 25 x❑ 32x O 0 Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract, Satisfaction of the above requirement shell be In the form of a policy endorsement for., a any auto, or a all owned, hired and non-owned autos. {X1 Workers Companaatlon Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, In addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability Ilmita of at last $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogation against It* City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 In accordance with 1408.098 of the Texas Labor Code and rule 28TAC 110,110 of the Taxes Worker's Compensation Commission ITWCCI. I I Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protectlve Liability Insurance policy naming the City as Insured for property damage and bodily Injury which may arise In the prosecution of the vrork or contractor's operations under this contract, Coverage shell be on an "occurrence" boils, and the policy shall be Issued by the some Insurance company that carries the contractor's liability insurance, Policy Ilmlts will be at Iast combined bodily Injury and property damage per occurrence with a aggregate. 1 I Fire Damage Legal Liability Insurance Coverage Is required If Brood form General Llabllity Is not provided or Is unavailable to the contractor or If a contractor losses or rents a portion of a City building, Limits of not less then each occurrence are required. User Clea Wl StMa Melaaeeea Asmmeel i •PAC@a• OEM 15 25A0 32x O CI .rears. e I , { I 1 Profeosbnal Wbgtty Insurance Professlonal liability Insurance with limits not lose than per claim with respect to negligent acts, errors or omisalons In connection with professional services is required under th!d Agreement. I 1 lupdera' Risk kraurance " Builders' Risk Insurance, on an All•Niak form for 100% of the completed value shall be provided, Such policy shall include as "Nomad Insured' the City of Denton and all subcontractors as their interests may appear. I) Additional Insurance Other Insurance may be required on an Individual basics for extra hazardous contracts and specific service anreements, If such additional Insurance to required for a specific. contract, that requirement will be described In the "Specific Conditions' of the contract specifications. i 7 1 ~ f titre dwtte~ lavke 6tdawrsel Asrweersl • PA06 7 16 1 a x 10 32X SEEN 1 • . O "VRG'85571 ATTACHMENT 1 l1 Worker's Compensation Coverage for Building or Construction Projects for Oovemrnental Entitles A. Definitions: Certificate of coverage ("certif1cate"1-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-820 TWCC•83, orTWCC-84), showing statutory workers' compensation Insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Durstlon of the project • includes the time from the beginning of the work on the project until the contractor'stperson's work on the project his been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" In 1408.0961 Includes all persons or entities performing all or part of the services the 1 contractor has undertakento perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This Includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner. operators, employees of any such entity, or employees of any entity which ` furnishes persons to provide services on the project. "Services" Include, without iimitstion, providing, hauling, or delivering equipment or materlels, or providing labor, transportation, or other servics related to a project. "Services" does not Include activities unrelated to the project, such as foodlbeverogs vendors, office supply deliveries, and delivery of portable toilets. 8. The contractor shell provide coverage, based on proper reporting of clasalflcation codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Sectlon 401.011(44) for all employees of the contractor providing services on the project, for the duratlon of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract, D. If the coverage period shown on the contractor's current certiflcats of coverage ends during the duratlon of the project, the contractor must, prior to the and of the coverage period, file a new certificate of coverogs with the governmental , entity showing that coverage his been extended, E. The contractor shati obtain from each person providing services on a project, • f8 and provide to the governmental antity. 4!K` User Clanlnl Servke Meteteama Almaw PA061ty AYR - - - 32x~C 2'i e C 111 a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persona providing services on the project; and (2) no later then seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown t on the current certificate of coverage ends during the duration of the project. F. The contractor shell retain all required certificates of coverage for the duration of the project and for one year thereafter. 0. The contractor shall notify the governmental entity In writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor sh,11 post on each project she a notice, In the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persona providing services on the project that they are required to be covered, and stating how a person may verity coverage and report lack of coverage. 1. The contractor shell contractually require each person with whom it contracts to provide services on a project, to; (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.0111"1 for all of Its employees providing services on the project, for the duration of the project) (2) provide to tho contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for ell employees of the person providing services on the project, for the duration of the project; (31 provide the contractor, prior to the end of the coverage perl. d, a new certificate of coverage Showing extension of coverage, If the coverago period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and / j LUder Ctuetej Service MeinUaece ASeeemeer •PAtl69- is r x 32X~ri 0 nsv+mw , (b) anew certificate of coverage showing extension of coverage, prior f to the end of the coverage period, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 16) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially effects the provision of coverage of any person providing services on the projoict; and (7) contractually require each person with whom It contracts, to perform as required by paragraphs (ti • (7), with the certificates of coverage to be provided to the person for whom they are provkfing services. J. By signing Vila contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be riled with the appropriate Insurance carrier or, In the case of a self-Insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's (allure to comply with any of these provisions Is a breach of contract by the contractor which entitles the governmental enthy to declare the contract void If the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. PAYMENT: The Contractor shall submit to the Parks Superintendent and Invoice for payment, fully detailing all work performed for the previous week, Le, a dally log of facilities cleaned each day. Upon approval, a check shall be processed by the Accounts Payablo Division, The invoice shall be submitted to the Parks Superintendent no later than 6:00 p.m. each Friday for payment to be processed by Friday, 4:00 p.m, of the following week. Should Invoices be turned In after the Friday cut-off time, payment shall be made the following week. CONTRACT_ PRICE: The following payment schedule shall be In effect for the term of this contract unloss i amended by mutual agreement of both parties. p • t3tte~ demie~ 5eevlce M~iatea,toce A~reemeot • PAGE 10 19 , 101 32XIO ~eee PARKS CONTRACT PRICE per CLEANING Avondale 4 #do~= Bowling Green 40 artircliff / Ztla- Fred Moore u Joe Skiles Mckenns 1 U11- Mtiam 4 ZDV- Notts Schultz 4 ZO'~ Owsley Phoenix $ V Park and park areas for cleaning may be added or deleted by written amendment to the contract upon acknowledgement'and execution of such amendment by both parties. VANDALISM: The Contractor shall report any graffiti on walls, park structures and/or any vandalism, Inside or out, to the Parks Superintendent on the day of discovery. CONTRACT AGREEMENT; Both parties agree to all terms and conditions of this contract. Should Contractor not fulfil all specifications stated within this agreement to Owner's satisfaction, Owner reserves the right to terminate this agreement. I {wet understand and shall willingly accept all objectives and responsibilities of this contract on this the day of Spgg, k CONTRACTOR: CITY OF DENTON sx~+ Olin Easiu ~a SC6 Name Signature X443 N - 4" Lane- ~iVYDIIb l~ IS010 Addial Printed Name a1?d6g4-8ace y140 Phone No. Tkle -15-os oroa(o federal Tex I.D. No. : cJ. Sidon all Lout Clwriaj lmko Meineaeaa A=reemeel • PA09 I I 20 25 x I0 32XID 1 I` 6 i VIP N f r c "IWA wr ry/1 rm YM r,,,, Ilii 11 ~ t I r WON. Yw1 1,111 40 O. WDvD VrN wA r.w is AD Oka koft"Foli 6114M r ~yI 1 1E Ff/r ~ l I ~1.;1, ~ rrvrl«•rr`~ V ~~~'I "M • ~ ~I~ 11~~ ~ ~1~~ Y~.i'~~Lrq 'N 11.4 oft. OR . \ I 1 're i 1 rMiYD • '44 A" 4;L " • Y~! f l.N1N +w~y~Y 1 ~ ~ rOMY It eo Baas. e Agenda No. r 9 Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: March 3, 1998 DEPARTMENT: fire ACM: Mikele4349-7926 Consider adoption of ordinances and approval of interlocal ambulance agreements between the City of Denton end the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder and Sanger. BACKGROUND The Interlocal Agreements for Ambulance Service between the City of Menton and the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder, Sanger and Shady Shores began in 1980 and provide for the continuation of emergency medical services to the small cities within our service area. PRIOR ACTION/REVIEW {Council Boards, Commissions} Council has approved these agreements since 1980. ?here ere no revisions being made to the 1991• 98 agreements from last year. + i FISCAL INFORMATIOLH i This will comprise approximately 106/o of our total EMS Revenue for this fiscal year. No other program or department Is affected, im"'ever, without this agreement we would have to stop service to the small cities. ,.1 4 Respectfully submitted: Prepared by: Ross Chadwick Fire Chief 1 U ;roo t lames 0Mason hoDeputy Fire Chief 1 25 x10 32XIO ti • o ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THfi CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L Thal the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Argyle, a copy of which is attached herdo and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SIC1101i , That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of _ ,19 JACK M11.LER, MAYt}R ATTEST, 1 JENNIFER WALTERS, CITY SECRETARY I BY: • . APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Ely: r,r.,rem,.rxa.o..ti+ra+..raeurw~r.+r...R.,..Mw ~ I 2 ~ h x 32 X I O nsaaA C I I I I INTERLOCAL AGREEMENT FORA.NIBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE ` Recitals The City of Denton currently provides emergency medical senices to the citizens of Denton. The City of Argyle would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOV'T CODE ANN. §791.001, et f seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Argyle have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOVT CODE ANN. §791.01 l(cX2); and WHEREAS, the City of Argyle will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Argyle hereunder will fairly compensate it for the services performed; NOW, THEREFORE, ' N%ITNESSETH Agreement This Agreement is made on the _ day of , 199_, between the City of Denton, Texas ("Denton'), and the City of Argyle (Argyle'). The parties agree as follows: I. Definitions, Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide ENIS to Argyle, Denton shall provide emergency medical services to Arg) It in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Argyle shall be communicated to Denton in the manner specified by Denton. 3. Discretion In Providing E.M.S. Argyle understands that Denton must also respond to requests for emergency medical services for persons In Denton and that Denton has 9 • other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and withoutliability to Argyle, to determine: (a) Whether or not to respond to a request for medical emergency service; 3 - -M.., . 2 "S xi 32X10 • (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical mice. 4. Service Fee. In consideration for pNviding emergency medical services to Argyle, Argyle agrees to pay to Denton an annual sum during each year of this Agreement delermined by multiplying the population in Argyle by five dollars and seventy-five cents (2,000 x 55.75 e 511,500 • current estimate). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Argyle during any p:riod of time Argyle is delinquent in the payment of any undisputed service fee. S. Patleot Charges. In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton not Argyle waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1997 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termloation; Default. Either parry may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of tentti- nation. If either party breaches a provision of this Agreement the other party shall "give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default Is sent, the other party may declare the Agreement . terminated. Argyle shall be liable to Denton pro rata for the payment of emergency medical ser• vices provided up to the date of temflnation. 9. Notices. All routes sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton: To Argyle: ' yi City Manager Mayor k City of Denton City of Argyle 215 E. McKinney P. d. Box 1035 ! 110~ Denton, Texas 76201 Argyle, Texas 76226 10. Agreement Not for BeneAt of Tblyd Parties. This Agreement Is not intended and 4 ~ . 25,A0 32XIO • I . ~ i i i shall not be construed to be for the benefit of any individual or create any duty on Denton to any thud party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall He exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. i EXECUTED on the day of - 199! CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: t JENNUER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUtY, CITY ATTORNEY 00 BY: ~A CITY OF ARGYLE • jY0R f ATTEST: !bE M~ rw.r.MrLOCa.a.M+rc...a+.ei... e..e.pr ~ e . of 5 z ~d 32x11j Ind i ORDINANCE NO. r AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION 1. That the City Cowicil of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Corinth, a copy of which is attached hereto and inwrporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the city. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,19- )ACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY * BY: APPR01'En AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Y~ BY: 1 dnddiMlaOr AaweY Afnwe~RAUt1dItMdw M.WmM~ b f I f 6 25 x l~ 32X10 ..y l 0 ,,.,rte INTERLOCAL ACRUMENT FOR A.'t1BULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Corinth would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX, GOVT CODE ANN. §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Corinth have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOV'T CODE ANN. §791.011(cx2); and WHEREAS, the City of Corinth will make all payments for smites out of available current revenues and the City of Denton agrees that the payments made by the City of Corinth hereunder will fairly compensate it for the smites performed; NOW, THEREFORE, N'ITNESSETH Agreement This Agreement is made on the day of 199_, between the City of Denton, Texas ("Denton'), and the City of Corinth ("Corinth'). The parties agree as follows; 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Corinth. Denton sha11 provide emergency medical services to Corinth in response to requests for emergency medical senices in accordance with this Agreement. All requests for emergency medical smites for persons residing in the corporate limits of Corinth shall be communicated to Denton in the manner specified by Denton. 1 Discretion In Providing E.M.S. Corinth understands that Uenlon must also r respond to requests for emergency medical services for persons in Denton and that Denton has j 1➢ other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determine, (a) Whether or not to respond to a request for medical emergency servi:e; 7 ? r~ AL" i4 a. J K 32 ....ate . • o j j (b) Whether and when personnel or equipm~ it ate available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In considaadon for providing emergency medical services to Corinth, j Corinth agrees to pay to Denton an annual sum during each year of this Agreement determined by muWplying the population in Corinth by five dollars and seventy-five cents (5,300 x $5.75 { 530,475 - current estimate). The population figure used shall be that contained in the letest edition j of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee. S. Patient Charges. In addition to the service fee paid by Corinth, Denton may charge and collect from persons provided emergm7 medical services, the patient fees established by ordi- nance of Denton, 6. Governmental Immunity Not R'alved. Neither Denton not Corinth waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1997 and continuing to September 30 of the following year and thereafter fmm year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of temti• nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fait to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement • terminated. Corinth shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termini Lion. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, k the respective addresses, as follows: To Denton: To Corinth: City Manager City of Donlon I 215 E. McKinney Denton, Texas 76201 10. Agreement Not for 13eneflt of Third Parties. Thus Agreement is not intended and 8 7h x 32XIO I I 0 wow= shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. ' 11. Asslgament. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venus Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be constued in accordarce with the laws of the State of Texas. EXECUTED on the , day of _,199- CITY OF DENTON, TEXAS By., JACK MILLER, MAYOR b ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL, FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: , ~ N„1111 OIIIry,11 ~ I Of• CoC ITY OF CORINTH y Ar BY: y MAYOR / ATTEST: ~S• I ,r 'Iy11 i1111i11i..ild` d , Sj BY: SECRETARY r «I.ads w~a, o~,.l~.ca Kr.~rr.~m.e~ a. i 9 Y~ .F+~; / x L.I 32X I0 o ' o ORDINANCE NO. AN ORDINANCE APPROVING AN INfERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: aEQjj,QXL That the City Council of the City of Denton hereby approves an Inierlocal Agreement for Ambulance Service between the City of Denton and the City of Hickory Creek, a copy of which is attached hereto and Incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tent, is hereby authorized to execute said Agreement on behalf of the City. CTION t. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .19~ I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i • BY: j ~ ~ • r M.,MT1ol0. oaw.w+,~RAVnsvwMMr..,w cost e,e b ' f J AMA ~f Ir 10 ~~KI❑ 32 xl~J 0 , 0 INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recitals The City of Denton currently provides emergency medical s rvices to the citizen of Denton. The City of Hickory Creek would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX, HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Hickory Creek have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOV'T CODE ANN. 1)791,011(cx2); and WHEREAS, the City of Hickory Creek will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Hickory Creek hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH A reemeat This Agreement is made on the _ day of , 199. between the City of Denton, Texas ("Denton'), and the City of Hickory Creek ("hickory Creek'). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. mean personnel and ground transportation vehicles used to respond w an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or irJury. 2. Denton to Provide EMS to Hickory Creek. Denton shall provide emergency medical services to Hickory Creek in response to requests for emergency medical services in acne dance uith this Agreement. All requests for emergency medical services for persons residing In the corporate limits of Hickory Creek shall be communicated to Denton in the mariner apecitied by Denton. 3. Discretion to Providing E.M.S. Hickory Creek understands that Denton must kilo respond to requests for emergency medical services for persons in Dentog and that Denton has other contracts to provide emergency medical sei icm to other entities. Denton shall have the sole ; r right and discretion, without being in breach of this Agreement and without liability to Hickory Creek, to determine, I (a) %Iwther or not to respond to a request for medical emergency service; ll ~ , E; 1 A>~10 32:~0 0 (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond lot request for emergency medical service, 4. Senice Fee. In consideration for providing emergency medical services to Hickory Creek, Hickory Creek agrees to pay to Denton an annual sum during each,,ear of this Agreement determined by multiplying the population in Hickory Creek by five dollars and seventy-five cents (2,000 x 55,75 - $11,500 -current estimate). The population figure used shall be that contained in the latest edition of the North Central Texts Council of Government's Regional birecio►y. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Hickory Creek, Denton may charge and collect from persons provided emergency medical services, the patient fees rstabhshed 1 by ordinance of Denton. 6. Governmental Immunity Not Waived, Neither Denton nor Hickory Creek waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it l against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1. 1997 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. g. Terminatlon; Default. Either party may ternvnate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termi- nation. If either pasty breaches it provision of this Agreement, the other party shall give the • defaulting party wr tten notics of the default Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Hickory Creek shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. I 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the • respective addresses, w follows: { • • To Denton: To Hickory Creek; , City Manager City of Denton 215 E. McKinney Denton, Texas 76201 12 7~~10 32XIIII 10. Agreement Not for Benefit of Third Parties. This Agreement is not Intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment, Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of 1199- CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF HICKORY CREEK l 0 I ATTEST: ~ • ~ BY: I / I IECRITARYJ i 13 25 x 110 3 2xr~' 0 o ORDINANCE NO, AN ORDINANCE APPROVING AN 1NTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Krum, a copy of which is attached hereto and Incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tern, Is hereby authorized to execute said Agreement on behalf of the City. SECTION El. That this ordinance shall become effective irnmediately upon its passage and approval. PASSED AND APPROVED this the day of JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY 'r BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY " a BY: r e.ae,. «R a, o,rn,w Pa,w ~utTaiY.dd.r.r+a ~ d l i r 14 IQ 32XIO s 0 IN' ERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The City of Denton currently provides emergency medical services to the citizens of Denton, The City of Krum would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX, GOVT CODE ANN. 1791.001, et seq„ (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Krum have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOVT CODE ANN. 179 1.011 (cX2); and WHEREAS, the City of Krum will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Krum hereunder will fairly compensate it for the services performed; NOW, THEREFORE, 1 WITNESSETH A rtt cement This Agrcerient is made on the / 9day o A , 1998, between the City of Denton, Texas ("Denton'), and the City of Knun The parties agree as follows: i 1. Delinldons, Emergency Medical Services or E.M,S. means personnel and ground J transportation vehicles used to respond to an individual's perceived need for Immediate medical care and to prevent death or aggravation of physiological or psychological illness or Wury. 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical ~ services to Krum in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion In Providing E.M.S. Krum understands that Donlon must also respond to requests for emergency medical services for persons in Denton and that Denton has other r contracts to provide emergency medical services to other entities. Denton aball have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to r t determine (a) Whetht or not to respond to a request for medical emergency service; l3 In 32 x.1n 0 0 (b) Whether and when personnel or equipment are available to resdand to a request for emergency medical service; (c) The order 1s which to r -.pond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fed In consideration for providing emergency medical services to Krum, Krum agrees to pay to Denton an annual sum during each year of Ibis Agreement determbied by multi- plying the population in Krum by five dollars and seventy-five cents (1,750 x $5.75 - $10,062.50 - current estimate). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Govemment's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April I, and July 1, of each annual term. Denlon may, after giving prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undiputed service fee. S. Patient Charges, In addition to the service fee paid by Krum. Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton nor Krum waives, not shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 1 7. Terra. The term of this Agreement shall be in one-year increments, beginning on October 1, 1947 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. r S. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of temil- nation. If either party breaches a provision of this Agreement, the other party shall give the 1 defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the dale notice of default is sent, the other party may declare the Agreement terminated. Krum shall be Gable to Denton pro rata for the payment of emergency medneal services provided up to the date of termination, i 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, m follows, i i • To Denton: To Krum: • • City Manager , City of Denton 215 E. McKinney Ile Denton, Texas 76201 10. Agreement Not for Naedt of Third Parties, This Agreement is not intended and 16 ?5x1 32XIO • ~ _,wnn o . ' I i !I shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the Prior written consent of the othm 12. Venue. Venue of any suitor cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed In accordance with the laws of the State of Texas. EXECUTED on the day of ,199.` CITY OF DENTON, TEXAS BY: JACK MELLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PPRROUTY, CITY ATTORNEY BY: . CITY OF KRIJM BY: MAYO ATTEST: •1 BY: SECRETARY 1 A.,fdgdlAl W DwMterdwslrld.u rwN the M t 17 r~x10 32XIII ~V r , I ~ ra y i I ORDINANCE NO. AN ORDINANCE APPROVING AN INfERI.OCAL AMBULANCE AGREEMENT BETWEEN THE CI'T'Y OF DENTON AND THE CITY OF LAKE DALLAS FOR i AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Lake Dail&% a copy of which is attached hereto and Incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, Is hereby authorized to execute said Agreement on behalf of the City. St CTION n. That this ordinance shall become effective immediately upon ita passage and approval. PASSED AND APPROVED this the _ , day of , 19.• I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY. • 4 I 18 2510 32x Q i o ' i ~ i O m.Y v i iNTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. § 791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another c;ty. WHEREAS, both the City of Denton and the City of Lake Dallas have the authority to perform the services set forth in this Agreement individually and in accordance with TEX, GOVT CODE ANN. §791,011 (c)(2); and i WHEREAS, the City of Lake Dallas will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Lake Dallas hereunder will fairly compensate it for the services performed; NOW, THEREFORE, y WITNESSETH A regiment This Agreement Is made on the _ day of , 199, between the City of Denton, Texas ("Denton'). and the City of Lake Dallas ("Lake Dallas). The patties agree as follows: L Definitions. Emergency Medical Services or E.M,S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. . 2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dalla.&41 shall be communicated to Denton in the mariner specified by Denton. + 3. Discretion In Providing E.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medical service for persons in Denton and that Denton has • other contracts to provide emergency medical services to other entities. Devon shall have the sole right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determine: (a) Whether or not to respond to a request for medical emergency service; 19 32X IO o i i I I (b) Wbether and when personnel or aluipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and I (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Lake Dallas, Lake Dallas agrees to pay t: Denton an annual sum during each year of this Agreement detarfnM by multiplying the population in Lake Dallas by five dollars and seventy-five cents (4,650 x $5.73 = $26,737.50 - current estimate), The population figure used shall be that contained in the latest edition of the North Central Te,.as Council of Government's Regional Directory, The annual pay..nent shall be paid to Denton in equal quanerly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to f Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed senice fee, S. Patient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persom provided emergency medical services, the patient fees established by ordi• nance of Denton. 6. Governmental Immunity Not Walve,l. Neither Denton nor Lake Dallas waives, tar shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission res0ting from this Agreement. i 7. Term. The tern of this Agreement shall be in one-yea increments, begirwing on October 1, 1997 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. R Termination; Default, Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of terml- nation. If either party breaches a provision of this Agreement, the other party shall give the P defaulting party written notice of the default. Should tilde defaulting party fail to correct the default 0 within thirty days of the date notice of default is sent, the other party may declare the Agmentent terminated. Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement ehall be mailed, postage prepaid, to the I k ref pective addresser, as fohoas~ f I To Denton; To Lake Dallas, ' City Manager city Manager City of Denton City of Lake Dallas 215 E. McKinney P.O. Box 368 Denton, Texas 76201 Lake Dallas, rx 75465 20 3 2x [j 0 ' I I shall not be construed to be for the benefit of any Middual or create any duty on Denton to any third party. 11. Asslgament. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the i State of Texas. EXECUTED on the day of 0199 CITY OF DEMON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENND'ER WALTERS, CITY SECRETARY BY: APPROVED AS TO I EOAL FORM: HERBERT L, PROUTY,, CITY ATTOI~EY BY: . CITY OF LAKE DALLAS BYI r ` ATTEST: A BY: SECRETARY a R a ~NhNIU1M~. V#AW' tLXOO Dme wltraM~hAwrwrd w MW &d E ~ _ 21 ~ I ,S X 10 32 x IC~ p i i ~d.aml I ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC"I'ION 1• That the City council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Ponder, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or In his absence the Mayor Pro Tem, It hereby authorized to execute said Agreement on behalf of the City. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY j BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~I i' - • oil BY: 4M&441 V t' I 4ed64VLOLtlr Deeurwn~OrAne~RAIRNW'rnl.lw ■rvb y1dM Sa ~Z - 25 x( 32X~ s l INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON A" THE CITY OF PONDER Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Ponder would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vemon 1992) and the lnterlocal Cooperation Act, TEX. GOVT CODE ANN. 4791.001, er seq., (Vemon 1994), a city may contract to provide emergency medical services to tie county or another city, WHEREAS, both the City of Denton and the City of Ponder have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOVT CODE ANN. §791.011(cX2); and WHEREAS, the City of Ponder will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH A "m ot 10 1 This Agreement is made on the, day o 199$, between the City of Denton, Texas ("Denton'), and the City of Ponder ("Pond The parties agree as follows: 1. Definitions, Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical ' care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical services to Ponder lit response to requests for emergency medical services In accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Denton In the manner specified by Denton, 3. Discretion In Providing E.M.S. Ponder understands that Denton must also 41 respond to requests for emergertey medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entitles. Deryon shall have the sole right and discretion. without being in breach of this Agreement and without liability to Ponder, to / determine: (a) Whether or not to respond to o request for medical emergency service; 23 10 32XIO 1 tlf 0 l (b) Whether and when personnel or equipment ere available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time In which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder by five dollars and seventy-five cents (432 x SSr7S $2,484.00 • current estimate). The population figure used shall be that contained in the latest edi• tion of the North Central Texas Council of Oovemment's Regional Direcroly. The annual psymortt shall be paid to Denton in equal quarterly payments on or before October 1, January I, April 1, asrd July 1, of each annual tern. Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisputed service fee. S. Patient Cbarges. In addition to the service fee paid by ponder, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton not Ponder wolves, not shall be deemed hereby to walve, any Immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Terre. The term of this Agreement shall be in one-year Increments, beginning on October 1, 1997 and continuing to September 30 of the following year end therester from year fo Sear until terminated in sccordance with this Agreement. 8. Termination; Default. Ether party may terminate this Agreement at any time without cause by giving nlnety (90) days advance notice in writing to the other, specifying the date of terms. nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written entice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of defsutt is sent, the other party may declare the Agreement ' terminated. Ponder shall be liable to Denton pro rats for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices, All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows; ~ To Denton: To Ponder City Manager Mayo( , City of Denton City of Ponder 215 P. McKinney P.O. Box 291 Denton, Texas 16201 Ponder, Texts 161!9 10. Agreement Not for &aefit of Tbird Parties. This Agreement is not Intended and 24 10 5 0 32x ANN" I shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assipmeot. Neither party shall assign this Agreernent except upon the prior written consent of the other. 11. Veaae. Venue of any suitor cause of action tinder this Agreement shall fie exclusively in Denton County, Texas. This Agreement shall be construed In accordance with the laws of the State of Texas. f EXECUTED on the day of , t49~ CITY OF DEMON, TEXAS BY: JACK MILLER, MAYOR ATTEST: )EN-.MFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY. CITY OF PONDER I 1 BY. ' 11' 0~ ATTESeATARY; BY' SEC rwd~++.aa 25 z5 x 32XIO I 1 I ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DEMON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Intedocal Agreement for Ambulance Service between the City of Denton and the City of Singer, a copy of which Is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, Is hereby authorized to execute said Agreement on behalf of the City, SECTION Il. That this ordinance s.iall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of JACK MILLER, MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY V . t SY:_~1~~~~ f 1 Ir,ddl✓LOt d a:rl.lraarw.luVttlut~sl,n„ r.+r uyr I 26 - ? (10 32 x10 i l Mamas I 0 i I i i INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Sanger would tike to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN, §791,001, et seq., (Vernon 1994), a city may contract to provide emergency medical smites to the county or another city. WHEREAS, both the City of Denton and the city of Sanger have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOVT CODE ANN. §791.01 l(cx2); and WHEREAS, the City of Sanger will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Sanger hereunder will fairly compensate it for the services performod; NOW, THEREFORE, WITNESSETH Agreement This Agreement Is made on the day of_ ,199_, between the City of Denton, Texas ("Denton'), and the City of Sanger ("Sanger'). The parties agree as follows; 1. Deflaltions, Emergency Medical Services or E.M.S. means personnel and ground 1 transportation vehicles used to respond to an Individual's perceived need for immediate medical r care and to prevent death or aggravation of physiological or psychological illness or injury, 2. Denton to Provide EMS to Sanger, Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner "ifled by Denton. ( J. Discretion In Providing E,M,S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Deryon shall have the sole u right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine, (a) Whether or not to respond to a req,~est for medical emergency service; i 27 i 21) 10 32XIO h • 1 I MMaI~ I I 1 i (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order Is which to respond to a request for emergency medical service; and i (d) The time in which to respond to a request for emergency medical service. 4. Service Fee, In consideration for providing emergency medical services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of Wit Agreement determined by multiplying the population in Sanger by five dollars and seventy-five cents (4,150 x $5.75 + $23,862.50 - current estimate). The population figure used shall be that contained in the latest edi- tion of the North Cenral Texas Council of Govemmeot's Regional Directory, The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July I, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisputed service fee, 5. Patient Charges, In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fen established by ordi- nance of Denton. I 6. Governmental Immunity Not Waived. Neither Denton not Sanger waives, nor shall i be deemed hereby to walve, any immunity or defense that would otherwise be s4lable to it against claims made or arising from any act or omission resulting from this Agreement. I 7. Term. The term of this Agreement shall be In one-year increments, beginning on October 1, 1997 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminste this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of lerml, nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to corral the default 1' Y within thirty days of the date notice of default Is sent, the other party may declare the Agreement • terminated, Sanger shall be liable to Denton pro rata for the payment of emergency medical ser• vices provided up to the date of tennlnation. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: • t • To Denton: To Sanger: City Manager , Oty of Denton Il, 21 S E. McKinney Denton, Texas 76201 10. Agreement Not for eeetetlt of Third Parties. This Agreement is not Intended and 28 2.5 Kill 32XID ,raver , shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 11, Venue. Venue of any suitor cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: I I HERBERT L. PROUTY, CITY ATTORNEY 9 BY: < • CITY OF SANO R , 1 MAY R } ri Of ATTEST: • • BY: SECRETARY TEXA9 29 • I d • 25 X la 32XIL~ r~. VIII- Apeaar Ho 9D0~ f • Agen4r pem Ortr , AGENDA INFORMATION SHEET AGENDA DATEt March 3,1998 DEPARTMENTt Fire ACM: Mike Itz, 349-7926 SUBJECT Consider adoption of resolution and approval of an Interlocal ambulance agreement between the City of Denton and Denton County. BACKGROUND The interlocal agreement for ambulance service between the City of Denton and Denton County I began in 1980 and provide for the continuation of emergency medical services to Denton County within our service area PRIOR ACTIONIREVIEW (Council. Boards, Comnelsslont) Council has approved this agreement since 1980. That are no revisions being made to the 1997.98 agreement from last year. FISCAL INFORMATION This will comprise uppruximately 25°x6 of our total EMS Revenue for this fiscal year, No other program or department Is affected, however, without this agreement we would have to atop service to Denton County. Respectfully submitted: r"} f { prepared by, Ross Chadwick Fin Chief } es T7homason eputy fire Chief I 1 5: 32XIO"I r , 0 ar~eai RESOLUTION NO. r A RESOLU'T'ION APPROVING AN INCERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: .qFM0NI. That the City Council of the City of Denton hereby approves an Asreement between the City of Denton end Denton County for ambulance w4ces, a copy of which is attached hereto and incorporated by reference berein, The Mayor, or in hit absence the Mayor Pro Tem, it hereby tuthodzed to execute Wd Agreement on behalf of the City. SECTION That this resolution shall become effective immediately upon Its passage And Approval. PASSED AND APPROVED this the day of .1"S. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - k APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • AP BY: s ►M.dayLaa.oeuaw~.++~y..,r rr rrrr ; 2 32x~ 25 10 " e 0 THE STATE OF TEXAS COUNTY OF DENTON ) ee~ nrer rpOpFRA710NAC~tvtENT A~ THIS AGREEMENT is made and entered into this -day of ~ 1997, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to u "County" and the "CITY OF DENTON", a municipality located in Denton County, Texas, hereinafter referred to as 'City." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County; and WHEREAS, this contract involves governmental functions that each patty individually can perform; and WHEREAS, the amount paid by the County for this service is to be made from current revenues available to it and that amount fairly compensates the City for the services and functions performed by it; and WHEREAS. City is an owner and operator of certain ambulance vehicles and other r equipment designed for the uansportation of persons who are sick, infirm, or injured and has in Its .ti • cmpluy such trained personnel whose dudes are related to the use of such vehicles and equipment; , and WHEREAS. County desires to obtain emergency medical services rendered ~y City, as more fully hereinafterdescribcd for the h -tefit of the residents of Denton County, Texas; and WHEREAS, the provision of emer tency medical services is a governmental function that . • I U11 serves the public health and a elfare and is of routuad concern to the contracting parties; and M Mf~taaMKAA+vt"+~iAUU.nttlrr rori AMfI'rA'2t { 3 1 ?x10 32x t 0 WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the lnterlocal Cooperation Act, V.T.C.A. Health and Safety Ctxke, Section 774,00) and other applicable statutes and contracts pursuant thereto; NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows: 1. s The effective date of this agreement shall be the Ist day of October, 1997, it. TI.,: term of this agreement shall be for the period of October 1, 1947 to and through September 30, 1998. Exh party may terminate this agreement by giving the other party wntten notice of intent to terminate sixty (60) days after receipt of such notice. 111. As used herein, the words and phrases hereinafter set forth shall have the meanings rte ' follows, A. "Emergency" stAd mean any circumstance that calls for Immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether the aforementioned circumstattees le fact exist is solely up to the discretion of the City. For dispatch purpo.es only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate tied )Pi exists for such senice for the purpose of transporting a person from any location to a pirtoe of • treatment and emergency medical treatment b thereafter administered; and 2, The representation by a person requesting ambulance service that an immediate neat { exists for such service for the purpose of transporting a person from any location to the closest j 101 medical facility; B. "Rural area" means any area within the boundaries of Denton County, Texas, and u without the corporate limits of all Incorporated cities, towns and villages within said County, / Yk'!i C. MA MM ACOttNM!Ua,Wll1A. :l 2 4 zx l0 32x~a 0 C, "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village, D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is bereinabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. A. 5ervxes to be re ndered hereunder by City are ambulance services normally re ndered by City under circumstances of emergency as hereinabove defined to citizens of County. B. THE CITY Ambulance Department shall respond to the requests for ambulance services made within designated area 2 of County, as set out in exhibit "A", attached hereto and incorporated by reference. C. It is recogtilmd that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion or the officers and employees of City to detennine Morides in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination, V. The County shall designate the County fudge to act on behalf of County and to serve as "Liaison Officer" between County and City. The County judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote suffickni time and attention to the execution of sahl duties on behalf of County in full compliance with the terms and conditions of this agreement and pruvide supervision of County's employees. agents, contractors. sub-contractors andlor laborers, if any, in the furtherance of the purposes, terms and • conditions of this agreement for the mutual benefit of County and City. tIO Ur LIAl1f „AdtEMLN AV INII'tAY['t 3 - - s 32JO Vi. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide imma mt and direct supervision of the City employees, agents, contractors, subcontractors andlor laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County, VII. i For the services hereinabove stated, County agrees to pay to Provider a fee of $270,140.21 based on a funding formula as follows: First, the readiness sum Is .7053 per capita based on population, for a maximum of $74,783.00. Second, a sum of $370,19 per ambulance tun, for a maximum of $70,336,10. This sum is based upon the number of runs made by Provider in fiscal year 1997. Third, a fixed sum based on size of covered rural area, for a maximum of y $123,021.11. The first and third sums are based upon population and mileage figures obtained from the North Central Texas, Council of Clovemments. The second sum is based upon the definition of an ambulance call for purposes of this agreement M ambulace Call Is defused as treatment and transport of a patient to a medical facility. Payment shall not be allowed for instances in which a patient is not transported. Consistent with the reporting procedures described below, the Provider trap+porting the patient shall receive payment, regardless of the scrvkt delivery area in which the call originated. R:4uest3 for payment shall be submitted on the standardized ambW&= transportation reporting form approved and provided by the County, accompanied by copies or patient admission/registration forms as provided by a hospital or medical facility, It shall be the responsibility of the Provider to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted timely; that is, within five (3) days ' S of the performance of service by the Provider, Requests not timely submitted shall trot be considered for payment Request for payment may be submitted by personal delivery, U.S. mail, f [Siva ►°s'~c~V~'to~ivri'w" A`AratV►rasa w►tt.AY(t 4 b 75 x I0 32xi❑ facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the dite the fully documented request is received in said office. By the signature if its duly authorised official hereto, the County assures the City that the County Auditor has certified that sufficient funds are available within the current County budget to make all payments and meet all the financial obligations of this contract and these funds are available to pay the obligation when due in aacorclance with Section 111,093(c) of the Local Uovernment Code. V,T C A, f VilI. County agrees to and accepts full responsibility for the acts, negligence "or omissions of all County's officers, employees and agents. IX. City agrees to and accepts full responsibility for the acts, negligence and/or omissions of 0 City's officers, employees and agents. X, In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party In writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement X[ 'this agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either pity. City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorised by this agreement In the event of such termination, should • City be overcompensated on a pro rate basis for all services performed to termination date and/or • i; } f be overcompensated reimbursable expenses as authorized by this agreement, then County shall be 5 `~c or~'ir„koi" MCa«n n ee ti+m uv s s all - zSx~Io 32XId ,,pw p reimbursed pro rata for all such overcompensation Acceptance of such reimbursement shall not constitute a •aalver of any claim that may otherwise arise out of this agreement. X11. Thc fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a pan of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations arxilor agreements, either written or ord. This agreement may be amended only by written Instrument signed by both parties. XIV. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Tex:s. Xv, In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full '•'Wl effect to the extent possible. W. The undersigned officer and/or agents of the parties hereto are the property authodud f officials and have the necessary authority to execute this agreement on behalf of the parries hereto and each party hereby certifies to the other that any necessary resolutions extended said authority • • if have been duly passed and ate now in full force and effect. A1' / pryrvlufN~1Wo0Ot1I yAt* HAM PC*A.41("Wt 6 8 z5xl~ 32x10 EXECUTED in duplicate originals, this the _ day of 1999. COUNTY CITY DENTON COUMY, TEXAS CITY OF DENTON I to WEST HICKORY 215 EAST MCKWNEY DEMON, TEXAS 16201 DENTON. TEXAS 16201 By B Jeff Moseley Tile Denton County fudge Acting on behalf of and Dy Acting on behalf of rad by the authority of DEMON COUNTY the authoriyry of * City of Comadssioners Court of DEMON, TEXAS Denton County, Texas. ATTEST: ATTES T; BY. BY. Tim Hodges City Secreury Dentoa County Clerk . APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney ^uormy APPROVED AS TO CONTENT: APPROV AS TO CONTENT: Denton County Fire Manh0 F Chid ,r r,1010CA1 DCROeII I AOII D44 IOM Amst LAJW1 7 4 ;r 25k~~ 32X~Ii o i Apende No. ~ ~ , Agende Item Date_ r AGENDA INFORMATION SHEET AGENDA DATF.t Match 3, 1996 DEPARTMENTt Electric Utility ACM: Howud Martin, Assistant City Manager for Utilities ryv SUBJECT AN ORDINANCE AUTIORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP PROVIDING FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND As a result of changes in the options available for resolution of the TMPA stranded investment I problem, it is necessary to perform a strategic assessment of the various alternatives available to Denton, Staff proposes using Reed Consulting Group to prepare this assessment, Reed has extensive experience in electric utility strategic planninglderegutatiorVdivestiture areas. Reed will be assisting the Public Utility Board, the Deregulation Task Force and the City Council in a review of ali possible options for addressing the stranded cost associated with TMPA and preparing the electric utility to meet the challenges of deregulation. These options will include, but not be limited to, divestiture of generation assets, defining stranded cost through an appraisal of the value of generation assets and approaching the legislature for stranded cost assistance, securitimlon and the release of generation assets to unregulated merchant plant status. ESTIMATED SCHEDULE, OF THE PROJECT Six weeks from date of approval PRIOR ACTIOWR VE E1 1, (Council, Hairdo, Commissions) The Public Utility Board has reviewed this contract and recommends approval 4.0 with one absence. FISCAL INFORMATION The cost of the assessment is estimated at $75,000. l _ ?.5 32XIO Respectfully subn1i I. Sharon Mays Electric Utility Director Exhibit 1: Ordinance Exhibit It: Contract Exhibit III: Task Order Exhibit IV: Public Utility Board Minutes I I ld,c f 2 25x a 32XIo 0 i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP PROVIDING FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SON j; That the City Manager is hereby authorized to execute a Professional Services Agreement providing for professional consulting services related to electric restructuring with Reed Consulting Group, a copy of which agreement is attached hereto and incorporated herein. SECTION Ill That the expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION itl: That this ordinance shall become effective Immediately upon ht passage and approval PASSED AND APPROVED this the day of • 1948. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY,.- APPROVED AS TO LEGAL FORM: HERBERT L. PROU'TY, CITY ATTORNEY i' BY: ~b >71 a 0o Dxumenu1Qdfnmctt91'Jt"4 centuhint CW &x 2h x l~ 32x10 • STATE OF TEXAS COUNTY OF DENTON ¢ PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of March, 1998, by and between Reed Consulting Group ("REED"), a Massachusetts corporation, with its principal office at 200 Wheeler Road, Burlington, Massachusetts, 01803, and the City of Denton, Texas ("CITY'7, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Texas, 76201, for professional and related consulting services to be provided to City, both parties acting by and through their duly authorized representatives. i WHEREAS, that in consideration of the covenants and agreements herein contained, i REED and the CITY do hereby mutually AGREE as follows: ARTICLE I. SCOPE OF SERVICES The CITY hereby engages REED, and REED hereby agrees to provide to City the services set forth in the individual Task Order made an attachment to this Agreement. The Task Order generally provides for a preliminary evaluation of altematives available to the CITY at this point in time related to the stranded costs associated with Texas Municipal Power Agency ("TM PA). ARTICLE 11, FEES FOR SERVICES For services provided by REED to CITY pursuant to this Agreement, CITY shall pay REED in accordance with the rates and charges set forth in Exhibit "A", "Fees for Services" attached hereto and made a part of this Agreement for all purposes; provided however such charges and rates shall not exceed $73,000,00 unless the CITY agrees by an amendment to this ` Agreement to increase the maximum fee for services for this engagement, 0 ARTICLE Ill. BILLING AND PAYMENT REED shall submit a monthly statement to CITY setting forth the amount due for services and itemizing amounts due for expenses. CITY shall pay the full amount of such statement within thirty (30) days after receipt. Any sums billed, not disputed in written form l ♦ setting forth specific exceptions and unpaid after thirty (30) days from the date of receipt, shall • • be subject to a late payment charge equal to one (1) percent for each month or fraction thereof %dx, past due. Nothing contained in this article shall require the CITY to pay for any work which Is unsatisfactory as reasonably determined by the Assistant City Manager/Utilities for the CITY, or which is not submitted in compliance with the terms of this Agreement No late charge shall 4 32XIO 0 I~ . apply to any such unsatisfactory or disputed work. The CITY shall not be required to make any payments to REED when REED is in default under this Agreement. ARTICLE IV. INDEPENDENT CONTRACTOR REED shall provide services to CITY as an independent contractor, not as an employee of CITY, REED shall not have or claim any right arising from employee status. REED agrees to perform the services hereunder in connection with the project as stated In this Agreement with due diligence, and in accordance with the highest professional standards obtained for such serviees in the State of Texas. ARTICLE V. { TERM AND TERMINATION OF AGREEMENT I A. Unless otherwise terminated as provided herein, this Agreement shall become effective upon execution by the parties and shall terminate when (1) the services provided for herein have been fully and completely performed, or (2) July 1, 1999, whichever event shall occur first. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement, REED will make all reasonable efforts to complete the services set forth herein as expeditiously as possible to meet the schedule established by the CITY, 13. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice to the other party. I C. This Agreement may be terminated in whole or In part in the event of either party substantially failing to fulfill its obligations under the Agreement. No such termination will be affected, unless the breaching party is given (1) written notice, delivered by certified mail, return receipt requested, of intent to terminate, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination. D. jr the Agreement is terminated prior to completion of the services to be provided hereunder, REED shall immediately cease all services and shall render a final bill for senIces to CITY within thirty (30) days ancr the date of termination, and CITY shall pay REED for all services properly rendered and reimbursable expenses to termination incurred prior to the date of tcnninalion in accordance with Article Ill hereof, Should the CITY subsequently contract with a new consultant for continuation of services on the project as defined in the attached Task Order, REED shall fully cooperate In providing Information. All documents prepared or furnished by REED pursuant to this Agreement shall become the property of the CITY but REED may maintain copies of such documents for its use. O • J~o Proresoonal Services A`rcement {teed Consulrin0 Group - Post .,w. 25 ° 32X10 0 e ARTICLE VI. INSURANCE During the performance of the services under this Agreement, REED shall maintain the following insurance with an insurance company licensed to do business In the State of Texas by the Stale Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an "A•" or above; A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate; and with property damage limits of not less than 5100,000 for each occurrence and not less than $100,000 in the aggregate, B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,007 for each accident; and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident, D. Professional Liability Insurance with limits of not less than S1,000,000 annual aggregate. E. REED shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages, The Insurance policies shalt name the CITY as an additional Insured on all such policies to the extent lawfully possible and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and REED. in such event, REED shall, prior to the effective date of the change or cancellation, promptly deliver to ;ITY substitute policies or certificates providing or evidencing the same cove,agc, i ARTICLE VII, i LIABILITY A. REED shall indemnify and hold harmless the CITY, its officials, employees, attorneys j and agents, from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to, court costs and reasonable attorney's fees Incurred by I CITY, for whlch REED Is determined to be legally liable resulting from negligent acts, errors, or omissions by REED, its directors, officers, agents, and employees In performance of services required by this Agreement. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors or omission.+, whether active or passive, by CITY, its officials, employees, attorneys, and agents are excluded from REED's obligations pursuant to this paragraph. i Proressional Services Agreement Reed Consulting Aroup - Page f 3h , e 0 B. REED's Indemnification of the CITY, as provided in Article VILA. above, as to any act ' or omission constituting professional malpractice, shall be expressly limited to the amount of fees payable to REED as set forth in Article II of this Agreement. C, REED's Indemnification of the CITY, as provided in Article VILA. above, resulting from any negligent acts, errors, or omissions of REED, other than professional malpractice, shall be expressly limited to the proceeds of its applicable insurance coverage, as Identified in Article VIA,, B, & C. of this Agreement. D. Nothing In this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of either party's defenses, both at law or equity, to any claim, cause of action or litigation fried by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE Vill. OBSERVATION AND REVIEW OF THE WORK REED shall exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies In the work of REED or of any contractors, subcontractors, or subconsultants working on the project. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of REED, its employees, associates, agents and consultants for the accuracy and competency of their designs or other work. Nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect In the work prepared by REED, its employees, associates, agents and consultants. ARTICLE X. • ATTORNEY'S FEES If either party hereto shall become involved in litigation arising out of this Agreement or the performance thereof, the preveiling party shall be entitled to reasonable attorney's fees, costs and expenses. This provision shall be construed as applicable to the entire Agreement. ARTICLE XI. • NOTICES A. Any notice, demand, information, invoice, report, or item otherwise required, authorized, or provided for In this Agreement, unless otherwise specified herein, shall be deemed properly given ifdelivered In person or sent by United States Mail, First Class Postage prepaid: Professions) Services Alreemenl Reed Consulting Group - Pole 7 .ham., 5 x❑ 32 x 0 CITY: REED: " Howard Martin, Assistant City Manager/Utitities Reed Consulting Group, Inc. City of Denton, Texas James Coyne, Vice President 2l S E. McKinney Street 200 Wheeler Road Demon, TX 75201 Burlington, MA 91801 B. All notices mailed shall be deemed effective upon receipt by the party to whom such notice is given, ARTICLE X1I. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The panics may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of altemate disp,ite resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XIII, OWNERSHIP OF DOCUMENTS All documents prepared or rurnished by REED (and REED's subcontractors or subconsultants) pursuant to this Agreement are Instruments of service and shall become the property of the CITY upon the termination of this Agreement, REED Is entitled to retain copies of all such documents, The documents prepared and furnished by REED are intended only to be applicable to this project and the CITY's use of theee documents In any other project shall be i at the CITY's sole risk and expense. to the event the CITY uses the documents in ano,her project or fur other purposes than specified herein any of the information or materials developed pursuant to this Agreement, REED Is released from any and all liability relating to their use in that project, ARTICLE XIV, ACCESS TO RECORDS OF REED BY CITY REED agrees that the CITY shall, until the expiration of three (J) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of REED involving transactions relating to this Agreement. REED agrees that the CITY shall have access during normal working hours to all . rimssary RLED facilitles and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. The CITY shall give REED reasonable advance notice of intended audits. Professional Services Agreement Reed Consulting Croup - page i r~ g "7 1 0 32 x I • 0 ARTICLE XV, PERSONNEL A, REED represents that it has or will secure at Its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY, REED shall Inform the CITY of any conflict of interest o, r,otenlial conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by REEL) or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services, AP I ICLE XVI. DISCRIMINATION PROHIBITED In performing the services required hereunder, REEL) shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, Pile, or physical handicap. ARTICLE XVIL COMPLIANCE WITH LAWS REED shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter amended. ART ICLE XVIII, COORDINATION or WORK ON THE ENGAGEMENT A, REtiD shall commence, curry on, and complete this engagement with all applicable dispatch, in a sound, economical, efliclent manner; and, in accordance with the provisions hereof. In accomplishing the project, REED shall lake such steps as are appropriate to ensure . that the work involved Is properly coordinated with related work being carried on by the CITY, B. the CITY shall assist REED by placing at REED`s disposal all available Infortmation pertinent to the project, Including previous reports, any other data relative to the project and arranging for access to, and make all provisions for REED to cuter In or upon, public and private property as required for REED to perform services under this Agreement. r C, REED agrees to cooperate rally with Resource Management International, Inc. ("RMI"), O R.J. Covington Consulting 1"Covingion'7 and City staff, together with the CITY's outside attorneys and consultants in achieving an effective, efficient evaluation. REED agrees to work In close coordination with RMI, Covington, City staff, as well as with the CITY'S outside attorneys and consultants in order to maximize the efficiency and quality of the project Professional Services Agreement 8 Reed Consulting Oroup - pole i In 32x10 r 0 deliverables to the CITY considering the aggressive schedule of this project. The CITY is relying upon REED to maintain open lines of communication with RMI and Covington at all " times in order to coordinate the work and to avoid any conflict or any unnecessary duplication of effort, During the course of this project the CITY expects, and REED agrees to refrain from, any action against any consultant hired by the CITY on this project which Wright disrupt or Impalr the course of work being performed for the CITY on this project ARTICLE X1X. SEVERAL OBLIGATIONS Except where specifically slated In this Agreement to be otherwise, the duties, obligations and liabilities of the portico are intended to be several raid not joint or collective. Nothing contained In this Agreement shall be conatmed to create on association, trust, partnership, or joint venture or Impose a trust or partnership duty, obligation, or liability on or with regard to either party, Each party shall be individually and severally liable for its own obligations under this Agreement. ARTICLE XX, MODIFICATION No waiver or modification of this Agreement or of any covenaal, condition, limitation herein contained shall be valid unless In writing and duly executed by the party to be charged therewith and no evidence of any waiver or modillcation shall be offered or received In evidence In any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is In writing, and duly executed. The parties further agree that the "revisions of this Article will not be waived unless ae herein provided, ARTICLE XXI, ASSIGNABILITY RE>rD shall not assign any interest in this Agreement and shall not transfer any interest In " this Agreement (wheihcr by assignment, novation or otherwise) without the prior written • consent of the CITY. ARTICLE XXIL SUCCESSORS IN INTEREST This Agreement shall be binding on, and Inure to the benefit of, each party's successors and assigns, ?roleuionat 8ervlers Aprrrment Reed Consulting Oroup - prpr 10 Y. 32 x r~ to i ARTICLE XXIIL ENTIRE AGREEMENT e This Agreement constitutes the complete and final expression of the agreement of the parties and Is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made In connection with the subject matter hereof. ARTICLE XXIV, SEVERABILITY If any provision of this Agreement is found or deemed by it court of competent Jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XXV, I GOVERNING LAW This Agreement shall be construed and Interpreted according to, and the rights of the parties shall be governed by, the laws of the state of Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively In Denton County, Texas. ARTICLE XXVI. WAIVER Any waiver at any time by either party of its rights with respect to a default under this Agreement, nr with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter, ARTICLE XXVII, CAPTIONS The captions of this Agreement are for informallonst purposes only and shall not In any way affect the substantive terms or conditions of this Agreement, IN WITNESS HEREOF, the City of Demon, Texas has caused this Agreement to be executed by its duly authorized City Manager and REED has executed this Agreement through I its duly authorised undersigned officer on this the, r day of Morch,1998• r / Professlonsd Serrlces AgreeMent 1 Reed Consulting Oroup- Pole 2 5 x f~ 32XIO gloom o OWN= I - , crn OF DqMIq, Tax A Tc. A MwdctpaE c «aa t 1; I BY, red , CSty . E: ATMO. I t Mon drY SECWARY • i gr 3 , I, , t ~;7 t C NI BY ! t ~•}tT 1:11~~~ i , i j CONil16'1 O . sa: By: I ; ' !w 1 Aw+ka AIt+~MM i ' i / _~xla 32X1❑ 1 r O LWAR EXHIBIT A FEES FOR SERVICES Professional and support services, except for testimony, shall be billed at the following rates: President S300 per hour Executive Vice President $140 per hour Senior Vice President $230 per hour Vice President $230 per hour Assistant Vice President $190 per hour Senior Economist S170 per hour Senior Project Manager $170 per hour Project Manager $160 per hour Senior Consultant $145 per hour Stsff Consultant $130 pet hour Senior Technical Consultant &1 10 per hour Consultant 5110 per hour Assistant Consultant $ 90 per hour Research Librarian $ 75 per hour Administrative Assistant $ 45 per hour The above rates shall be adjusted each year, commencing July 1, 1998, to reflect the change in rates oMcially established by REED. Testimony shall be billed at one and one-half (1 Yj) times the above stated hourly rates. Reproduction, printing, communications, computer services, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by REED, All travel, rood, lodging, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage shall be billed at 50.32 per milt CITY shall reimburse REED for any applicable sales is% imposed on services tendered by REED to CITY, r 25 10 !J IIJ 1 0 M roaa.rr , ATTACAMtI:NT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN ' REED CONSULTING GROUP THE CITY OF DENTON DATED February 24, 1991 Flaaaclxl Advirory Services - Optiems Assesemeat ThIs Talc Order defines a Scope of Services and Budget for worts by Reed Covsultlag Ocoup (REED) For the Chy of Deniun, Texas (City). The activities In ddo Taak Order are deelgned to study and present alternatives to the City far resolution of its investment and related financial obligations primarily associated with the Texas Municipal Power Agency (T'MPA)Klibbons Creek Powa Plant. Other generation assets owaod by the Cities may also be considered, particularly those with debt obiigattnm, This work to intended to serve as a precursor to the fimmial advisory role previously discussed. Prior to proceeding with a divestiture plan, the City requires an evaluation of the alternatives for its existing goneradon ownership which sWifl ctorily addresses the City's rw"tial stranded costs and bond obligations in the deregulating clocirio onvirommt. ` SCOPE OF SERVICE5 'foss A - Identify the Aher matJvn I. REED will first examine the City's ownethip In electric aen&Won assets (and controds for output) 0,6 fully undersUM the current situation related to generating assets. The focus of this "will be to determine a Ownership st wture a Contractual obligations 1 e F'lnwwlai ubligations t 2. Rcvlcw the status of electric restrucriuing in Texas p s Legislative gAmq a Public Utilities Commission requimmenu mad propoWs s IOU and municipal precedents In the state on peoetation ownership and stranded cost resolution issues i 3. Review municipal precedent in computable situations a Financial restructuring a Asset sales s Stranded cost recovery mechanisms ~n10 32x10 o i 4. Bawd on REM'a expertewx la generation arses divestiture and electric to develop unbundling. REED will work with the tion suet nl~ited obli;gationsvlso~~ alternatives altenaiva for its existing gentn tnay include, proceed with divestiture e) alone b) with Garland c) with ()arlaod, Granville and Bryan • Maintain status quo Conduct ao out appnlwl and approach the iegislatun fx stranded oust Autsistaece • Secwitimtion • Release the aawta to trarrijulated merchant plant states • others to be identified Task H - tvaluate tiro Altereatlves I , provide a bull for financial evaluation of rho alternative • Ewunine the financial models ooatstntctod for this purpoan and build on and complete evaluations already begun s To the extent possible, complete this model W Allow for fiaweial acaeario evaluation a if the existing model is not capable, create a new model to capturo the essential finwelal Implleatlona of alternative scenarios • Develop baseline market assumptions with susistanee from the City, public sources, and REEL) market knowledge 2, Quantitatively (where possible) and qualitatively evaluate the alternattvea Snnded cost exposure • Cash flows available for debt • Impacts oa customer rotes, and taxpayers • Bond covenants ,1 'task C- Metal and Discuss Hodinp, Cooelua)ous 664 Reeomaaandnimu • 1 Summarize results of Tasks A and B In summary presentation form 2. ReWew with the City Manager, Utility Board management, and other Advisors 3, present the findings, conclusions, and wornmendstlons to the City Council • CST TtAM • p ghf Ile - 25 10 32X~~ o , i REED will provide a highly qualifled project town The team will draw on the fhm's extensive experience In ftraace atd electric wet redoaalindom Consuldng stag wbicb will et'feetively leverage the expolenee of seals staff 10 mmap overall rqw OHM. will support scniot ttafl: The foitov&$ project tom is proposed, Hourly ~A~B Joba ProjW vIw Mskoho N. K" m ePfftidam xecudvs Viol PM" f~ hglod AdvIw Mok C. NOW Sr. Viol Preeldent 1110 Plaroolel Advteer Jmm M. Coyne Vk o PrakMa 1110 PM* M Yrewakk J. N"Wo Via Pr"I&M "ID skohic Muir Plwee ?mom C. Im- Woee st. hojsot me w 1170 Fw a im" 641d Malik NOCouuttwat 1110 CoMWO @*Pm NYatte D. Camerae Caurbnd 1110 Comd* sepw In addition to the core project tear, REED will rely upon other members of its staff for specific uem of project expertise and oon ddq support. BUDGET had TIMING Budget for work paformed Weir M Tak Orda is dlfflenlt to animate with oetta * due to some unknowns comardog the thom al modeling slaws, the mmba of ante, Wves evaluated wA die depth of troalysis the City will tequito, 7U admated budget for Us Teak Orda it $7S,000. All work will be Mlled on a monthly bats with supporting documentation of setividcs pa&ra*d. The estinialed time fequired to Complete this Mlgnment W appro,titndoly 6 weeiu once work commences, 2 x 32x~ 41116116,1111111111111 "A 0 This Teak Order is sut mdud sed mde m sttec)moent to the ebove44e"tl9ed ProfessloW Savices Agreement throu;h the sign turfs below, Aulbxb*d by: Accepted by: ` City of Down, Texas Recd Corr d&g Group Deted:_ new: j I 17 I_ 1 reoart.. i PUBLIC UTILITIES DRAFT MINUTES February 16,1991 A,1ENDA ITEM 9, CONSIDER ANDAPPROVE A PROFESSIONAL SERVICES CONTRACT WITH REED CONSULTING GROUP AND THE CITY OF DENTON Sharon Wysl Director of Electric, asked the Public Unlitks Bard to approve a professional setviees contract between Reed Coruulting Group and the City of Denton. Ms. Maya explal" uNu h was necessaryto perform a strategic assessment of the various attertutivee available to Denton w resolve the TMPA stranded investment problem, The Public Utilities Board voted unanimously to approve the professional services contract with Retd Consulting Group and the City of Deotots after a motion by Board Member Bob Coplea and second by Board Member Dick Norton, t" U4 LE 25xIa 32xId a Agenda No Agenda Item Dais AGENDA INFORMATION SHEET AGENDA DATE: March 3, 1998 DEPARTMENT, Economic Development CM: Ted Benavides SUBJECT Consider an ordinance of the City of Denton amending Chapter 3 "Airports" of the Code of Ordinances of the City of Denton to provide for the sponsorship of airshows; providing for exceptions to regulations prohibiting the sale of refreshments, acrobatic flying and skydiving when such activities occur at an airshow; providing requirements for participating In Airshow; providing a penalty In the amount of SS00.0o for violations thercof; providing a severability clause; providing a savings clause; and providing an effective data BACKGROUND Members of the Airport Advisory Board and tenants of the Denton Municipal Airport have formed an Air Fair Committee to promote an Air Fair and open house at the Denton Municipal Airport on March 28, 1998, The attached ordinance amends the existing Airport ordinance to permit acrobatic and skydiving activities at scheduled and approved airshows. The purpose of the Air Fair Is to promote activity at the Airport by attracting several area pilots and Denton citizens. In addition, the Air Fate will serve as a way In which we can educate our citizens about one of the City's finest assets. The event will also showcase the businesses on the Airport and recognize the Airport's $0 years of service to the community. F5~[MATED SCHEDULE OF PROJECT w • The first annual Air Fair is scheduled for March 28, 1998 PRIOR ACTIONIREVIE At the January 27, 1998 City Council Meeting, staff briefed the Council of the need to amend the ordinance to enable acrobatic flying and sky diving events at the Air Show. At that time. Council directed staffto prepare the amendment. 1 ~5 = 1❑ 32x101 L ate.. 0 FISCAL INFORMATION The City of Denton will co-host the March 28'" event this year and will provide the necessary liability insutunce at a cost of $3,281. The Air Fair Committee will solicit cash and in-kind donations to finance the rest of the event. Respectfully submitted, Linda Ratliff`', Director Economic Development De nt I 2 F gx 32XII3 - - I s I Y16R" 0 • i i • I'fsd!/30.MI1swvAMV.'R.IaiwN..Y ORDINANCE NO. - _ AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3 "AIRPORTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE SPONSORSHIP OF AIRSHOWS; PROVIDING FOR EXCEPTIONS TO REGULATIONS PROHIBITING THE SALE OF REFRESHMENTS, AEROBATIC FLYING AND SKYDIVINO WHEN SUCH ACTIVITIES OCCUR AT AN AIRSHOW; PROVIDING REQUIREMENTS FOR PARTICIPATiNO IN AIR5HOW; PROVIDING A PENALTY IN THE AMOUNT OF S500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, unlimited, unscheduled, unplanned and unsupervised acrobatic flying artd skydiving at airports constitute hazards which threaten the health and safety of the citizens of the City of Denton utilizing the Demon Municipal Airport; and WHEREAS, limited, planned, scheduled and supervised acrobatic flying and skydiving as part of a City co-sponwred Airshow will promote the Demon Municipal Airport and provide reasonably safe entertainment, and eliminate most hazards such actNities pose to the health and safety of the citizens of the City of Denton, and WHEREAS, the City of Denton desires to co-sponsor with the Denton Air Fair Committee an appropriately managed Airshow at the Denton Municipal Airport; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SEMOU That Chapter 3 "Airports' of the Code of ordinances is hereby amended by adding a the definition of"Airshow" to Section 3.1 entitled "Definitions" to read as follows' Sec. 3•1, Definitions. Airshow means an airmeet or activity open to the general public at the Demon f f . Nunicipal Airport which provides for the observation of planes or helicopters in flight as part of a program of entertainment and may include, but is not limited to, Acrobatic flying and Skydiving CIIO That Chapter 3 "Airports" of the Code of Ordinances is hereby amended by adding a Section 3.19 entitled "Airshow," to read as follows Sec. 3.20. Aitshows. ju The provisions of Sec. 33 (8) relating to "refreshments or any other t.ommodities," Sec. 3.14 (Acrobatic Flying), Sec. 3-I8 (Lighter-than-air sircrali) and Sec. 3.19 (Dropping of objects) to the extent such section relates to a proldbition against "Skydiving," of this chapter 3 5x0 32XIO TOM" 0 shall not apply to Airshows (a) produced by a promoter who has been approved by the City Council or (b) sponsored or cosponsored by City. SECTION 1[l. That Chapter 3 "Airports" of the Code of Ordinances is hereby amended by adding a Section 3-21 entitled "Minimum Insurance for Airshow" to read as follows: Sec. 3-21. Minimum Insurance forAlmhow. It shall be unlawful for any airiww to be conducted at the Denton Municipal Airport unless insurance coverage is maintained by the Sponsor (Co-sponsor) or Promoter in the following minimum amounts: (a) irsho,&!Atrmect Liability. Combined Single Limit Bodily Injury and Property Damage Liablity-S 10,000,000 each occurrence. (b) Aircr4 Liabiliri. j 'rc 1. Bodily Injury Liability, Excluding Passengers: S 250,000 each person 51,000,000 each occurrence 2 Passenger Bodily Injury Liability. S 250,000 each person 3. Property Damage Liability: S 250,000 each occurrence I 4, Single Limit Bodily Injury& Property Damage Liability: 31,000,000 each occurrence • Subsection (b) coverage for Sponsor/Promoter may be waived if SponsorlPromoter provides copies of certificates of insurance from every flight participant in the Airshow reflecting this coverage on every plane scheduled to participate in the Airshow to the City Manager or Airport Manager at least fourteen (14) days prior to the scheduled event The policies of insurance covering the Sponsor/Promoter as required in this section i shall name as additional insureds the City of Denton, its officers, agents, employees, city ' • council, cornHss ons, boards and cornmittees. In addition, such policy or policies of insurance y shall be endorsed to provide that no material changes In coverage, including, but not limited to, cancellation, tern i-tion, non-renewal or amendment, shall be made without thirty (30) days / prior written notice to the City Manager or Airport Manager of the City of Denton. a --x~w 32XIO i rwo.e~ A Sponsor/Promoter shall maintain the required insurance with insurance companies authorized to do business is the State of Texas. SECTION IV. That Chapter 3 "Airports" of the Code of Ordinances is hereby amen" by adding a Sec. 3.22 entitled "Permit for Flight Participants and Concessionaires" to read as follows: Sec, 3.22. Permit for Flight Participants and Concessionaires. Sponsor/Promoter shall provide Airport Manager (or whomever the City Manager for the City of Denton designates) applications for permits properly completed for each Flight Participant and Concessionaire involved in the Airshow at least twenty-one (21) days prior to the Airshow. The form of the application shall be determined by the Airport Manager. Not less than ten (10) days prior to the Airshow the Airport Manager shall provide the Sponsor/Promoter with permits for each application that has been approved. No flip participant or concessionaire may be involved in the Airshow that has not been granted a permit by the Airport Manager. Failure of the Sponsor to provide the required proof of insurance as required by Sec 3.21 shall be grounds for the denial of a permit, Grounds for denial of permits shall be provided to Sponsor/Promokr 30 days prior to Airshow if same is requested in writing. SEC7r . That any person violating any provision of this ordinance shall, upon conviaion, be firted a sum not exceeding $500.00. Each day that a provision of this ordittanee is violated shall constitute a separate and distinct offense ;SECTION Vl. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held Invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION YII That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 3 of the Code of Ordinances shall remain in full force and et ect. • ACTION Vlll That this ordinance shall become effective fourteen (14) days from the ' date of its ^,ssage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1499. M )ACK MILLER, MAYOR S 32 x • i ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i i AN 1M / 6 ! i 25vIn 32XIO 3 I 0 AMR- AGENDA INFORMATION SHEET Agenda No,- < Agenda Item Data 3'l '9V AGENDA DATE: March 3, 1998 DEPARTMENT: Planning and Development DCM: Rick Svehla, 349-7715 i SUBJECT Hold a public hearing and consider approval of a Detailed Plan to allow the development of multi-family residential uses in a planned development district (PD-41). The proposed development will create 250 multi-family residential units on an 11.4951 acre tract located south of McKinney Street, between Loop 288 and Mayhill Road (Z-98.004) BACKGROUND At its meeting of February 25, 1998, the Planning and Zoning Commission conducted a public hearing regarding this application. After finding that the proposed development was consistent with the general concept plan of planned development district and the criteria found in the zoning ordinance for approving a detailed plan, the Commission unanimously recommended approval of the specific use permit. Information presented at the hearing included: D the proposed development would provide infrastructure In the area, including turn lanes within the McKinney Street right-of-way, improvements to Duchess Street, and sidewalks along all public streets; the proposed development has received funding from a State of Texas bond program; a the proposed development would provide affordable housing according to terms of the bond progr.un; and D the otmers of the proposed development will dedicate to the City approximately twenty-four (24) acres of land for public park development. Park development fees ($46,000) will be waived in lieu of this additional land ,edination. -14 E TIAIATED 5 H DUL . OF PROJECT A dctailed,.Ian shall be valid for twenty-four (24) months from the date of its approval. PRIOR ACTION/REVIEW (Council. Boards. Comte • The Planning and Zoning Commission, at its meeting of February 25,1998, recommended approval of the Detailed Plan to develop a 11.4951 acre tract for multi-family residential uses within a planned development district (PD-41). r t 1. .32 X FISCAL INFORMATION The proposed development will make public improvements necessary to accommodate the development. The development will also generate an increase in property W revenue, though there has been no estimate of future public revenue. There has been no estimate of future public costs. MAP Attached Respectfully Z;)6 t.. via Hill Director of Planning and Development Prepared by, Mark Donaldson Assistant Director of Planning and Development 1 1 2. 25)(10 32 X I O r e 'i - o , r. asawsA ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT fiUbfect; Detail Plan, Pebblebrook Apartments Case Number: Z-98At 04 Jason E. Cosby 2ML February 26, 1998 GENERAL INFORMATION j Applicant: Albert H. Halff and Associates 8616 Northwest Plaza Drive Dallas, TX 15225 Owner: Mr. Craig Irwin 525 South Carroll Boulevard, Suite 100 Denton, TX 76201 Action: Consider making a recommendation to City Council concerning the detailed plan for a portion of property located in the Planned Development Forty-One (PD-41) Zoning District for Multi-Family Dwelling uses. Location and Size: The subject property consists of a 35.73-acre tract located on East McKinney Street (FM 426) east of Loop 288 and north of Morse Street. Surroundin Land Use and Zonin : LOCATION xQNN2 LA l9$ North: Light Industrial (LI) Undeveloped South, Light Industrial (LI) Offices r East: Light Indusidat Industrial Uses West: PDAI for Single Single family residential and vacant Family Attached (16.16 acres) and General Retail District (10.18-acres) O Denton Development Plan (DDP): Low Intensity Area i#63 (160% allocated). 3. l;PlannlnyAYou~nq Y4d.00liPJY,Arc , ~ K 75 Ifs 32x10 • o " SPEC(AL INFORMATION Platting: The property Is In its preliminary platting stages and Is scheduled for the Planning and Zoning Commission meeting Febntary 26, 1998 and City Council for March 3. 1998, Public Improvements needed to support this development includes the following: • sidewalks along all street frontages, associated sidewalk easements where there Is not sufficient room in the Right-of- Way for the sidewalk; 24' width pavement section along Duchess Drive; 30' of Right-of-Way dedication along Duchess Drive; • variable width Right-of-Way dedication along McKinney Street - 50 feet from centerline of the existing pavements; • left and right turn lanes from McKinney onto Duchess; an additional 1"'m hydrant; These issues were satisfied during the platting phase. Drainage: A drainage study has been submitted and accepted by the Engineering Department and no Improvements are required. Transportation: In lieu of a Traffic Impact Analysis the developer oonslructed right and left turn lanes from McKinney Street onto Duchess. The entrance to the property is on Duchess. Recreation: 24.2 acres of land will be dedicated to the City of Denton for park development. Utilities: The Electric Department requested the following easements: twenty feet (20) next to Loop 288 and McKinney; sixteen feet (18) next to the north west property line; • eight feet (8) next to proposed Duchess Drive; easement to transition between the sixteen (18) feet easements next to the northwest property line and the eight (8) feet next to Duchess Drive past the end of the road thirty (30) degrees. BACKGROUND October, 1982 The 112.88 acres propertywas zoned Planned Development forty-one (PD-41) zoning district with Ordinance #82.83. May, 1986 - A detailed plan for 2.1 acres of land was adopted within a 10,18 acre tract of land designated by PD-41 for General Retail (GR) zoning district with Ordinance #88- 91. August, 1988 -The same detailed plan for 2.1 acres of land was redesignated within a 10.18 acre tractof land designated by P041for General Retail (OR) zoning district with Ordinance 088.144. / C. A'MAAI,~c it rj„ua.rAa.oour 011 44 4. • p srun.. December, 1988 - When the 1988 Denton Development Plan was adopted, the subject site was redesignated as a low Intensity area. June, 1989 - A detailed plan for 1.951 acres of land was adopted, 500 feet west of the Intersection of Loop 288 and rest McKinney Street as Ordinance #89-065. July, 1992 -10.1834 acres of land was rezoned as a General Retail (GR) zoning district. NOTICE Twenty (21) property owners were notified of the request on February 13,1998. One (1) reply form was received in favor and none in opposition. DETAILED PLAN ANALYSIS Section 35.151 of the Code of Ordinances requires that the following information be shown on a detailed plan: > Acreage. The acreage In the plan as shown by a survey, certified by a registered surveyor. Provided; total site acreage is 35.73 acres. > Land Uses. Permitted uses, specified In detail as determined by the department, and the acreage for each use. Provided; permitted uses Include all uses permitted with the designation of the planned development district. > ONslto Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvemenfs, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. Provided. > Traffic and transportation. The iocatlon and size of all streets, alleys, parking tots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic genorated by the proposed uses. Provided. • > Bulldings. The location, maximum height, and minimum setbacks for all buildings, i and If nonresidential, the maximum total floor area. Provided. > Residential development The number, location, and dimensions of the lots, the I minimum setbacks, the number of dwelling units, and number of units par acre • (density). Provided. • ~ > Water and drainage. The location of all creeks, ponds, takes, floodptatns or other i water retention or major drainage faculties and Improvements. Provided. 5. r" Planning A 7mGrt~'/.VS.004(r.41, eM EV, ' I • A Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Provided. D Trees and landscaping. The location of all protected trees and a landscape plan as required by the city's landscape ordinance. Provided. D Open space. The approximate location and site of gi,+.enbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. Provided. D Screening. The location, types, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. Provided. D Signs. Location, type, and size of all signs regulated by the city's sign ordinance. Provided. D Sidewalks and bike paths. Sidewalks or other Improved ways for pedestrian or bicycle use. Provided, sidewalks will be constructed along all street frontages. RECOMMENDATION Staff finds that the proposed detailed plan Is In accordance with the approved concept plan and, therefore, recommends approval of Z-98-004. SUGGESTED MOTION move to recommend approval of Z-98-004. ALTERNATIVES 1. Deny the request. 2. Approve the request as submitted. 3. Approve the request with other oonditlons. ,w 4. Postpone consideration. ENCLOSURES I, Location Map. 2. Surrounding Zoning Exhibit. 3. Proposed Detailed Plan. 4. Ordinance #82-83. rrrmnnlgrAtm 91- -004(POkdrt 6. xlra 32x ] o ENCLOSURE 1 Z-980004 r-- r ~ e4 p f 'N~. 1® 4ctw tj V ~ w ; ~r~''~so; kl+e C '1f1~FJ~S i ` YK~M L R+r~ ,y F • p it ' {~.;1 cr acs:.' , r Ar 4 i~ r > V ~ ~Y I! ~l 4 } L r ~_7X y . ' L~ r YI .I I w 1_ .2 o i r `r"i rfd w { SITE dd'~ r ~y p.~~ . t ,`L od in! xto 32XIOl vd_ MR MM .•~uw • s . ENCLOSURE 2 .1-98-004 (PEBBLEBROOK APARTMENTS NORTH i a A T I p ~ , A a OR 4 LI SITE ETJ LI 1771 ZONING MAP f U4 8Data: February 25, 1998 Scala: None - a zh x Sri 32XIO MOON • 0 A N v A.w..: a;;c C..gM:kliaMIRYS?N c'iu4Ma+w.ww;»w.wn.., ~YNI!1`MR{9RR~r f;: ..r.rW FdSi 1fCkIN11E~ STREET 'w~ IRI lAtA } 1 i 1 ~i./! M RI iCY ' . • •-+ee~nd""! rim w AlIf16 ~y rrn u w ~ uvsni.v uwrr.M- 1 •1 IM MW bon I -44 ..f 1 f j ' i • ' WAM YR MM 16N i I . r "liioliffil i 32X 71 s 0 t ENCLOSURE 4 w AN OPLINANCE AMENDINO THE RONINO NAP OP THE CITY OP DEMON, TEXAS,. AS BMW WAS ADOPTED AS AN APPENDIX TO THE COOS OF ORDINANCES Or THE CITY Or DENTON0. TEXAS,. BY ORDINANCE NO.. 69.10 AND AS SAID MAP APPLIES TO APPROXIKATELY 112.09 ACRES OF LAND OUT OP THE M.E.P.. a P.A.R. SURVEY, ABSTRACT NO.. 917, THE M. L. AUSTIN BURVEY ABSTRACT NO. 4,, AND THE M. YOACEAM SURVEY, ABSTRACT NO. 14420 DEMON COUNTY, TtXASI AND MORE PARTICULARLY DESCRIBED HEREINI AND UECLARINO AN EFFECTIVE DATE. THE COUNCIL OP THE CITY Of DENTONr TEXASr HEREBY ORDAINSt SECTION-9 . . 41 The toning Classification and use designation of the following described property, to-wits All that certain tract or parcel of land situated in the M.E.P.. s. P.A..R.. Survey,. Abstnck go. 927 Denton County,. Tesae, bain part of the SSOOnd Tract of A deed conveyed by .i.. R.. Earle, et us to Delbert T. Crane on April 16 1941? recorded in Volume 2900 Page 1SS, Dead Records of said County, and being more particularly described as foliowri BEOINNINO at the southeast corner of the above described Second Tract in the center of the Channel of Pecan Creeks THENCE west with the center lima of Paean Creek the following S courses and distances I1) north 84O W west 171.73 Get, 121 south 76030.020." west 247.69 feet, (3) north 6306'20.' west 364.79 Gat, 14) south 64031' vast 296.1 feet and (S) mouth 710170 vest 311.77 feat to the east right of way of Loop 2661 '~-'1'i"NCE north 1015' east with said east right of way 370.3 feet to a right of way Posts THENCE north 1037' Vast 200.2 fat to a tight of way posts THENCE north LOIS' east with maid Seek right of way 1510.0 feet to a right of way posts THENCE north SS0340 east with maid right of way 56.0 felt to a right of way post on the loath lint of gait McKinnay.Btteatf THENCE South 65025' fait with slid McKinney right of Way 603 fast to a tight of way post . THENCE south 61057' east with said McKinney tight of way 304.0 Get to a right of way post THtP1CE south 620)0' feet with said tight of way 564 feet to a We# corned TAtHet south 21041110' want 191.49 fat to a fanea corner, THENCE south 62046'400 east with a fence 467.5 feet to a toned ~ cornett THENCZ north 29000'40' east with a famed 191.0 fast to a fence ~71F corner an the south right of way of McKinney attsatl / THENCE south 61059' toot with said McKinney Street tight of way 451.6 feet to a tight of way poet, 5.1940MMO H.. DIAL-PAGE ONE ]0. x#Q 32XILI tvxm~af ' 0 THENCE southeasterly with said Mcxinney.street right of way and with a 3.6110 to the left 125.4 feet to a fence cocuietf THENCE south 10451 west with a fence 1320.0 fat to the place of beginning, and containing in all 52.331 acres of land. All that Certain tract of parcel of land situated in the N. to Austin survey,. Abstract No. 4, and the N. Yoaeham survey, Abstract No. 1442, Denton County, Texas, and bolnpq part Of a First Tract described in a deed conveyed by J.. arles at ux to Delbert To Cruse on April 11, 19.e1, recorded !n Volume 290, Page 1SSs and part of a tract conveyed by C „ N' Wallace, it ux to Deb Cruse on July 120 19141 recorded !n Volume 306, Page 412s Deed Records of Denton Countys., Taxes, and being more particularly described as tollowsi SEGINNINO at a !erica corner on the south right of way of East Mcxinney Road also being the northwest corner at the above described Wallace to Cruse tact) THENCE south 84020' east with said right of way 486.0 feet to a cornea THENCE south 66031'10' east 213.46 feet to A corner at the lntareeetion of East Mcxinney end Loop 289) *-IHENCE south 10151 west with the west tight of way of Loop 288 a distance of 1373.0 feet to a sight of way postr THENCE south 90471 vast with said right of way 200.2 test to a tight of way postr THENCE south 1015' west with said tight of way 393,7 feet to e corner in the center of the Channel of Pecan Creskf THENCE westerly with the center of Pecan Creek the following cause and distancess (1) mouth 840411 west 399.OS Lest, (2) south 74040.' west 192.9 feat, (3) south 60056' west 341.2 feat, (4) north 45001, west 304.9f THENCE north $1037' west with a fence 510.0 Lest to a fence cornea THENCE north 1058' east along and with a fence 992.0 feat to a fence cognac on the south line of said Yoscham surveys THENCE Werth 190540 east with a fence 975.1 foot to A fence corned THENCE north 1035' east with a fence 1312.9 fast to the place of beginning and Containing 60.521 acres of land, is hereby changed from Agricultural 'A' District Classification use to Planned Developaent 'PD' District clasellleatlon and Use under the comprehensive Eoning ordinance of the City of Denton Taxes subject to the lollowin99 Conditions and reatrlatlons anj site PISA attached hereto to-wlti 2..Land uses within the planned development ate j restricted to the uess specifically designated on the general concept giant apaeifie site plan J approval must be grant*C before development occurs within the designated land us* itself 2-1540/FAto Nr DEAL-PACK TWO 11, 3 MAP= o •mesxu , 2. Sppaciflc development ptopouls shall conform to City of Denton requirements regarding toning use classifications, subdivision regulatlons, building codes and any 0that codes related to development) 1. Density in multi-family areas shall be limited to 22 units per motel 4. Densltp in single-family attached areas shall be limited to 10 unite per motel S. Residential street in accordance with city of Denton standards shall be provided for Internal circulation. 6. A living action or a six (6) foot masonry wall must be erected between the 10.19 acre retail area at the Southwest Cotner of Loop 299 40 Best Mclinney street and the single family attached area beginning at its southern boundary when the general retell area to developodi 7. Adequate motioning consisting of s living scream or a sit (6) foot solid masonry wall shall be erected along Anyy property line where general retell abuts low density single family residential housing when the general tetail area is developed) S. Any land use permitted In the general retail (OR) classification of the toning ordinance may be developed in the areas designated as general retell without amendment of the planned development (PD) ordinancel 9. If the development plane ate not resifted within five (5) years so that actual development includes some residential and Is not limttd to general retail, the planned development x111 be to-evaluated and considered a candidate for possible back-tuning to a smaller ties center. The toning Map of the City of Denton, Texam, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-10 be, and the same is hereby amended to show such change in Dietrict Classitication and VSe. A: SECTION ii., • That the city council of the City of Denton, Texas, hereby finds that such Change is In sccerdSA06 with m Comprehensive pity for the purpose at promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and far Its peculiar suitability or particular usas, and with a view to conserving the value of lphe buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Toru, and Its Cititons, 6MCa, OJ,~ ~ That this ordinance shall be In full forte and offset immediately after its pas1924 and approvals the required public hearings having heretofore both held by the Planning and 90ning 11-1510/tRED R. DMAL-PACK TRAMS Ir. 32 X r d r. e • e Comeiaaion and the City Council of the City of Denton, Te:14, after giving due "LiCe thereof. d PASARO AND APPROVED We the " day of October, 1917. 10 OP o' N, R{fA! YO 1 A'[fTE4T r CNAM ALLEN, CITY F Y CITY OF DRNTON, TRXAS APPROVED Al TO LEGAL POMs C. J. TAYLOR, JR., CITY ATTORNRY CITY OP DENTON, TRXAS EYl r~ { lot • ~-1s~o/frm R, oRA~..PAOR roGit 13. 2 -i X r.d 32XIO 1 O n , y • 1 I ,•i SITE PLAN - 1-1540 .;.1• WIS `wA: b 1.11fROPLtr [Dtntltf 4 rt (nb Ila'1 IIFAt ' }11.11 112 1 t4llr V• . , „r 4 6t NCRAI~ R11AK. " flft It AN LANG Uft: ffRlCt • INII N,If I y"d to ! i R•e 41vo .6;1 YU'ulet r/.41 n11rI,111n11.u,1.r•.•11 4.u 1.4i 1e. ` . //nl I $A1 10N1 t 'r 1 Wlttl-rAIAILI t ' •,Aae.1e 1•r.r. a1,l..r 1+110:1 ►AtRtr O1rtLiRfD ditMO~ OMMLWO NOW AIrAlllce ~ o,nt.Rro DWRICf tO.O ea 4f,f 111 " 11.11 n. IMKfI-►AYK1 n7 ' 7AUkV"WHC* D,rtLtla mNRIC aaunl0 a11RK1 e t la D j 1 10,21 H. 1•/At011 ~i ?AI Ow1tU to D1ltplc _1` •If11~h 11 U~/lytY I~a^nw., , 10I0ttrAwltDttACI40 } IM..tuhllAalll+flvln OWELLR10 DIftRPCI 1D.f/ ee, Lflu. .10.1111. cot ILA 32XIO 25 o ATTACHMENT 2 EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION February 25, IM The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wedne:clay, February 25, 1998, at 5:30 p.m. in the City Council Chambers at City Hall, 215 East McKinney, Denton, Texas, Present: Bob Powell, Susan Apple, Carol Ann Ganzer, and Jim F.ngelbrecht Absent: Elizabeth Gourdie, Ellen liouver-Schertz, and Rudy Moreno Present from Staff: Eddie Martin, Assistant City Alton ey; Mark Donaldson, Assistant Director of Planning "c meeting was called to ord •r at 5:30 p.m. Nis. Gourdie joined the meeting. PUBLIC HEARING S. Hold a public bearing and consider making a recommendation to the City Council concerning a detailed plan for a portion of property located In the Planned Development 41 (PD-41) zoning district. The 35.73-acre tract Is located on East McKinney Street (FM 426) cast of Loop 288 and north of Morse Street. (798.004, Pebblcbrook Apartments, Mark Donaldson) Commissioner Powell; Item number five is a public hearing. I'm going to read the rules for the public hearings. The Chair will open the public hearing. The staff reads the petition, gives Its report, and makes its recommendation. The petitioner is granted ten minutes to speak to the petition. Persons in favor of the petition are each granted five minutes io speak. Persons in opposition to the petition are each granted five minutes to speak. The petitioner is allowed five minutes to speak In rebuttal, The • Chair twill then close the public hearing. The staff presents the final remarks. The Commissioners discuss the petition and make thar decision. Please note- any speaker may be allowed additional time to speak by a vote of three members of the Commission. The maximum time for any one speaker is fifteen minutes. Each speaker should concern himselqerself with presenting new information not given by previous speakers. Commissioners may, at any time, ask questions of • anyone and call on the staff at any time and may adjourn to closed session as • • /I allowed by law. C'ommissioncr Powctl: Sir. i 15. I _ I. In. 32 X I / .I o I Planning and "Zoning Commission Minutes February 25, 1998 Page 2 of 6 Mr. Mark Donaldson presented the staff report. Mr, Donaldson: Allow me just a couple of minutes to get set up here. , Commissioner Powell: I think we might want to announce that number five is hold a public hearing and consider making a recommendation to the City Council concerning a detailed plan for a portion of property located in the Planned Development 41 zoning district. The 35.73-3cre tract is located on East McKinney Street east of Loop 288 and north of Morse Street. (Pebblebrook Apartments) Sir, Donaldson: Mr. Chair and Commission, we've had a loss of our planning staff this past week. Mr. Jason Cosby was offered a job in the private sector and opted to take it and len us very suddenly. So I'm pinch-hitting for him this evening and probably don't have the depth of knowledge with each of these cases, but l think I have enough to get us through them. So feel free to ask questions on anything that may have been--that you feel may have been overlooked. This first public hearing is to approve a detailed plan In what we call PD-41-again, located at Loop 288 south of McKinney Street. Public notice was made, and we received two submittals-- one in favor and one in opposition. The submittal in opposition was actually on a property that was just outside of the designated 200-foot line. We mailed the notice to anybody that even came close; and if any of this property is within the area, it's only a very minute part of it, and it's well below the twenty-percent rule. I'll circulate the public notices. And back to the zoning map-just to put this in reference, it's surrout.ded on the east and south by light industrial zoning, and there's a little strip mall here with general retail zoning; light industrial zoning across the street. Then the balance of PD-41 has a combination of uses including additional multi-Family districts within the PD. The request is to construct a 250-unit apartment complex on 1114 acres of the site. The balance of the 35.7 acres would be dedicated to the City for parkland. I'll get Donna's map out here. The dark area represents a floodway; the green area represents floWplain. the site of the actual complex is the area outside the floodplain to the north here with access onto a collector street here that will be called Duchess Street, which will then access McKinney Street. On the Consent Agenda, we approved a preliminary plat for a two-lot subdivision-one lot of about 11'4 acres being the site of the project; the other lot of about 241/2-25 acres will be dedicated to the City for parkland. You can we that some of that land is out of the floWplain-much of it is in the floodplain-but very little of it is in the floodway. The detailed plan (it is very diflicult to read on this map) demonstrates the layout of the buildings. Access to the project will be off of this street on the wcstem edge, Duchess Drive, with the access coming at this point. The applicants will be constructing left- and right-turn lanes on McKinney to accommodate increased traffic there. They're building on-site recreation facilities, and we used this detailed plan in workshop, work session with the City Council last evening to demonstrate that they were in compliance with the new proposed landscape ordinance that requires 20 trees per acre and 20% planted area. The balance of the preliminary plat Is then down to the south area Bete which will be donated to the City for public use. I'll try to get all of p this on the camera here, and it's not going to go. Let me see if I can zoom out. That gives you a rylr little better idea with a little color. The configuration has changed slightly here in that, yes, the driveway when we received this plan was at this point. They've moved that down to this area. But this more clearly shows the rooRops and the open space that's being presened and the new 16. 32 x❑ 0 r ' Planning and Zoning Commission Minutes February 25, 1998 Page 3 of 6 trees that would be planted as a result of their landscape plan. I need to correct the staff report in that it states that we're dealing with the entire 35.7 acres here for the detailed plan, where, in ' fact, the detailed plan is only for 11.49 acres of the preliminary plat-only lot one of the two lots that were platted previously. In response to one question that we received earlier, the plat was showing a sidewalk easement along McKinney Street simply to accommodate the possibility that we may have to provide sidewalks outside of the right-of-way, and, if those sidewalks are placed on private property, then the City requests an easement so that we can go onto private properly and maintain them. Are there any other questions of me? Commissioner Powell: Mr. Ungeibrecht. Mr. Engelbrecht: Yes. Would you put the detailed plan back up, please? Mr. Donaldson: T'Ihe colored version? Air. Engelbrecht: No. I don't think the colored version will show-did you have another one up a moment ago? Other than that one? Mr. Donaldson: This one. Mr. Engelbrecht: Okay. Yes. The proposed Duchess Drive-t noticed that it indicated a 30- fiat right-of-way, and it appeared that it didn't extend all the way to the entryway into the property, If you'll notice in the very-up where it intersects with McKinney-it says right there, "Duchess Drive 30-foot right-of-way" and its.... Air, Donaldson: That 30-foot right-of-way would be dedicated down to the southern edge of lot one, which would be approximately this point. From this area to this area, that represents half of the ultimate right-ofway. The other half would come when the property to the west,,. Air. Engelbrecht; Okay. Mr. Donaldson:...is developed. Air, Engelbrecht; Okay. That's what 1 wanted know. Air. ihroaldson: And they'll be required only to provide the minimal street width within that right-of-way past the already developed retail area, ' Air. Englebrecht: Okay, My other question has to do with-the original plan showed it collector street going all the way down south curving west and crossing Loop 188 with a matching street, I wondered if that was still planned, given that there's a perk dedication or whether that's all son of scrapped. Right. Mr. Donaldson: I think it's too early to make that call. We may ultimately develop it. It could, In fact, tie into frontage roads without access to the Loop if we try to hold to minimizing curb 17. 25 • ❑ 32 x I RRM ~rar.a. I yaq.. Planning and Zoning Commission Minutes February 25, 1998 Page 4 of 6 cuts onto the Loop. We will at least provide access to any future park area in this area by way of Duchess, and Mr. Engelbtecht: Okay. Mr. lhnaldson: ...which would involve crossing a little bit of floodpiain area and probably some sort of an engineered structure In order to do that. 1 suspect that this issue would be resolved when it comes time to sit down and decide on plans for the development of that park. Mr. Engelbrecht: Ukay. All right. Thank you. Commissioner Powell: We had a second speaker ready. Changed your mind? Answered your question. Anything elre that you'd like to ask of staff? We'd like to hear from the owner. I Mr. Riles: Mr. Chairman and members of the Commission, my name is David Riles. I am an attorney here in Denton, and I am working with the developer on this project. I must say that it's a pleasure to stand on... Mr. Powell: Excuse me, Mr. Piles. Excuse me, sir. We'll need your address. Mr. Riles: ...office address Is 217 East Oak-it's a pleasure to stand on this side for a change. This is what we have referred to many times loosely as affordable housing. This is a project that the Mayor has visited with the owner about and is very excited. This Is one that is being approved through an Austin State government agency. They are the sponsoring folks behind the Impetus on all this. The nice project that we have before us is a combination of not only achieving the affordable housing objectives for o,a community, but also, as you can see, rouglily two-thirds of the land is going to be given to tht City of Denton, which achieves two major objectives. One is that it fulfills the park policy, but tha land that is above all of the flood concerns is going to be a nice-I think it's about 7-some-odd acres; but also it achieves a second policy and that Is the City obtaining the ability to control as much floodway as possible given all of our flooding problems in town. So I think this is a terrific project. We would ask for your support. I would be happy to answer any questions, as well as the two gentlemen here. Commissioner Powell: Ms. Oanzer. Nis. Oanzer Mr, ©iles? I don't know if you answer, or someone else. What's the trait mix on this community? Mr. Riles: Unit mix? Ms. Gamer. Maybe you need to come up for me to ask you. f • Pebblebrook Representative: The unit mix is going to be 50 one-bedrooms, 100 two bedrooms, f and 100 threc•bcdrooms. 18. x 10 32x10 4116 0 0 i Renee. i Planning and Zoning Cu emission Minutes February 25, 1998 Page 5 of 6 Ms. Ganzer: Okay. I just wanted to know if you had some three-bedrooms coming up. And are you going to have limited access gates on this property? ` Pebblebrook Representative: It was not planned to have limited access gates. We actually found on the Country Park project, which we built a couple of ye: rs ago, that most of the residents were not in favor of it. So, wt determined that it would probably be better to spend the money on other amenities instead, Nis. Gamer. Great. Okay. Pebblcbrook Representative: Where, in the case of the Country Park project, >ve had one playground area, this one will obviously have two. We have a lot more children here, and this obviously was a concern. Ms. Ganger: Okay. Great. 'T'hank you. Commissioner Powell: Anything else? Is there anyone who would like to speak in favor? Anyone who would like to speak in favor? Is there anyone who would like to speak against? Is there anyone who would like to speak aT ainst this? I would ask the owner if he has anything else to say? 7hcr, I will close the public hearing and ask staff if they have any final remarks? Mr. Noa!dson: Staff would recommend approval based on the finding that it complies with the concept plan for PD-41 that's in place. Commissioner Powell: Question of staff? Mr. Engelbrecht. Mr. Fngelbrecht: I was Just curious to know how the park dedication is handled in terms 4this detailed plan or how that will be carried cut-l' guess transfer of the property--]s that,... Mr, Donaldson: I'm not sure on the details on how our new parkland ordinance is going to work. I know that it gives discretion to the Director of Parks and Recreation to come to agreement with developers. Generally the land portion--remember the parkland dedication has the two factors: land and development cost. The land would be completed as result of the platting process. Air. Fngelbrccht: Okay, Air, Donaldson: Upon final plat, the development side Is a function of the building permit. Mr. Ilodttey has the flexibility to deal with the developers In terms of excess land being applied against development costs. Air. Engelbrccht: So basically at platting phase, that'll be taken care of. Okay. Thank you. Y Commissioner Powell: Anything etse? Ms. Gourdie, i 19. 75 x 10 32XIO Planning and Zoning Commission Minutes February 25, 1998 Page 6 of 6 Ms. Oourdie: I was just wondering. I know that this park Is brand new, so the development costs-Would this be Included in this, or Is this over-1'm Just-this Is our first case, 'T'hank you ' so much for doing this for us, so helping me to understand. They dedicate the land, and I also was under the Impression that when we did this parkland ordinance, that there was money involved on the development side. I know that Commissioner Engelbrecht Just said that, but I didn't kind of get the answer If they're going to have to go ahead and put the $208,000 or whotevef the number Is in order to develop 23 acres of land which is an enormous sum of acreage, So I just need clarification to understand where this goes fee-wise. Mr. Donaldson, In this particular case, the 250 units, i think, worked out to a development factor of about $46,000. Is that right? And Mr, Hodney has determined that the excess land that we're getting had value that exceeds that. So, he's accepting the excess land in lieu of the development fees, Ms. Oourdie; Okay. I don't recall that being part of the-that's nice to know, because that was my concern, was the development fees. It's nice to know. Thank you, Mr. Donaldson. Commissioner Powell; Anything else? One more question? None? Are we ready to vote? Mr. Engelbrecht: Mr. Chairman, I would move to recommend approval of Z-98.004. Ms. Canter: Second. Commissioner Powell: We have a motion, and we have a second, and I will ask you to vote. Theoretically, we're going to display that in just a moment. 1 guess we'll vote again. I'm about to break the screen here pushing this, and it doesn't appear to be helping any, Would you prefer us to do it again? Okay. Start voting session. Do it one more time, folks. We've all voted. I ' thlnk at this stage of the game we're going to do it the old-fashioned may. All In favor, raise your right hand, All opposed, There are no opposed. The motion is passed 5 to 0. Sorry for all that hassle. 6f i W0121911NINUtts-tum5 dm I 20, 32XIO NOUN I , s ~ o ATTACHMENT 3 ORDINANCE N,O. _ AN ORDINANCE OF THE CITY OF DT NTON, TEXAS APPROVING A DETAILED PLAN FOR 11. 49 ACRES OF LAND, BEING A PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41), LOCATED SOUTH OF FAST MCKiNNEY STREET, BETWEEN LOOP 288 AND MAYHILL ROAD, PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S. 000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance 82.83, the City Oancil approved a planned development district for 112,88 acres of land (PD-41) located southeast and southwest of the intersection of Loop 288 and East McKinney Street, as more particularly described therein, and WHEREAS, Halff Associates, on behalf of the NHPAHP Development corporation, has applied for approval or c. detailed plan for 11.49 acres of land within the district for multi-family residential uses; and WHEREAS, on February 25, 1998, after a public hearing, the Planning and Zoning Commission recommended approval of the detailed plan, WHEREAS, the City Council rinds that the detailed plan will be in compliance with the Denton Development Plan, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION[. That Ordinance 82.83 (PD-41) is hereby amended by approving a detailed plan illustrated in Exhibit "A", attached hereto and incorporated herein by reference, and containing 11.49 acres of land described in Exhibit "B", attached hereto and incorporated herein by refetence, so that hereafter this portion of PD-41 shall be used for multifamily residential use. i SECTION 11. That a copy of this ordinance shall be attached to Ordinance No. 82.83, showing the detailed plan herein approved for that portion of PD•41, • SFCTION 111, That the provisions of this ordinance as they apply to the 11.49 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provision of Ordinance No. 82.83, but all provisions of Ordinance No. 82.93 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shad apply to the remainder of said district. 1 SECTION 1V, That any person violating any provision of this ordinance shall, upon • • conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTION _V. That this ordinance shall become effective fourteen (I4) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this 21, e ordinance to be published twice In the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of ita passages PASSED AND APPROVED thls the _ day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,'CITY ATTORNEY BY: ~~4L I 22, F:vhml,dep+~LOLWr Doeurr~rib`0rdmate,l91'beWkd pim I.91-0d ax 32 x IO 0 C r'~ ra rt rWILf I'~ ws 1N I em NM i No"r+r YAtw. a1 I .r d t ~I Ipd 1 ail e ~ W ;SrLrr 1 9 1 r:•.~.rr. , x.i IOW &VA -r.. ' ' ~ rmluo w rwl lew t t ~x10 32XIO PIING 0 61;11;11 1i'F. 11:31 M 7 149tu 65 CH.SCr'Y ASR N PuLNNING I ~ LEQAL DESe.M r'ION BEING a tract of bad situated in the M E.P. ales P.R.R. CO. Survey, Abstract No. 927 AM being part of a tract of land described In deed to Craig Irwin end Dale Irwin, as recorded in County Clerk's File No. 95.8055863, Real Property Roeords. Denton County, Tex" and being morn particularly described as follows: $F.OMNING at a 5/9-inch found trop tod for the northeast corner of said Erwin tract, and the twrthwest corner of (!olden Tdaagle Industrisi Park, an addition to the City of Denier,, as recorded in Cebtoet B, Page 71, Plat Recads, Denton County, Tax" (PIL13.C.T.), said comer also lying on the south right-of-way lime of EAIt McKinney Streat (FM. 426) (100 feet wide); THENCE South 01 degree 45 minutes 00 seconds West, deperdng said south tight-of- way, line and along the "M line of acid Irwin tract, passing at a distance of 639.31 foot (633.87 cal l) areal 4.6 feet east, a W-inch found Iron rod foe the southwest comet of sold Golden Triangle additim continuing an additional 167.06 Seen to a point for a corner; THENCE North 88 degrees 15 minutes 02 seconds West a distance of 217.88 feet to a point for a comer, T10SNCB North 43 degrees 47 minutes 16 seconds West a distance of 171.38 feet to a point for a comer, ' THENCE North 31 degrees 14 talautes 45 seconds Wert a disteme of 3$9.90 feet to a point for a corner; THMNCB North 36 degrees 41 minutes 43 seconds West a distance of 205.14 feet to a point for a corner. THENCE North 58 degrees 58 mlautes 14 seconds West a distance of 71.32 feet to a point for a corner on the west side of said Irwht Tract; THENCE North 31 degrees 01 minute 47 seconds Past (North 30 degrees $7 minutes SO seconds East, call), a distance of 280.30 feet, to it Ill-inch found iron rod fins' an aaglr point; THENCE North 28 degrees 51 minutes 25 seconds East (Noah 29 degrm 00 minuwa 40 tecor& P..ast, call), a dtmwe of 191.53 feet (191.00 call) to a 1/Uneh found Eton rod far most northerly northwest comer of said Irwin tract, said corner alto befog the northeast corner of 1.13- Addition, an addition to the City of Denton, Texan ar tseotdedin Cabinet D. Page 191 (P.RD.C.T.), said corner also lying on the soWh-light-way line of dw 0 1 aforementioned Past McKinney Street; EXHIBIT- 24, .f~•.• 7~i~ 32 x❑ 1 i O~L'~~~Q~V "R L+1~~oYL r~O~j O~r7 TYY.I CJ11YLAF PFMN PUNNING I THENCfd South 62 &woo 23 minutes 43 W*A& EMA (SVA 62 ddtls 06 mtnutw 37 886,0416 Iblat, Q,^ 4101ki Iliad and slay the uoeth tlaf of laid Irrvia daot, a dMam 0(4".07 root (414.1# c9% to a 1 r24aeh est iron rod with am tot dye ahh 63 dNprn 07 miauta 061000Ads Best (South 6 4WM 42 b o miauba 19 wconds FA9t, adl), a dtstenod of 125.36 tut: 'C'MM SwAsartedy, ttlottS mAd worth sod mW curve to dA ie!!, ft&d& 6 Eft" uo dWbm of fed to OA POINT 0OBEG04MO AND CON1'AMOo500,124 squm Not ai21493 W" land mad os ba. i i I i• 25, a>> 32X IO 1 e ' o •retnw Ail Agenda No Agenda Item At. 03 AGENDA INFORMATION SHEET AGENDA DATE: March 3re11998 DEPARTMENT: Planning&Development CMIDCMIACMs Rick Svehl*l SUS Void a public hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping, Screening and Tree Preservation" of the ewe of Ordinances of the City of Denton relating to the draft Interim Landscape Ordinance; providing a criminal penalty In an amount not to exceed $500.00 for each violation thereof; providing a civil penalty not to exceed S 1,000,00 for each day of violation thereof; providing a severability date; providing a savings clause; and providing an effective date. BACKGROUND T he draft landscape ordinance has been revised since the February 17a', 1998 public hearing, Some of the revisions were made as a result of comments received at the January 210, 1998 P&Z public ) hearing. Other revisions resulted from City Council work session instructions or public hearing comments. All revisions to the original draft have been highlighted (see Exhibit #I). y Council comments and instructions to staff during the February 20, 1998 work session included; I. The artificial lot line concept allows compliance with landscape requirements to occur In proportion to development progress, and is reasonable way to allow for future expansion and phased projects Hithout penalizing developers for proper planning. 2, The May 1", 1998 effective date allows projects in the rnldst of development review an opportunity to secure building permits predicated on the regulations in place at the time uhcn project design occurred. 'r The "20120 Rule" will remain unchanged in the dran prepared for the March 3b, 1998 • public hearing, Staff prepared a list of cities that have landscape ordinances that must closely approximate 10/10, 15/1 S, 20/20, or 20120+ Rules site planting area/ N of trees per acre), The list needs clarification. Staff made its best estimate of how each city should be categorized, but exact comparisons were not possible. Each city has unique formulas, building setbacks, PD requirements, and other code characteristics that make comparisons less than precise, Variable site conditions can also Increase landscaping because of • additional bufferyard or screening requirements, • • 4. The Monarch Tree designation still needs to be improved, and a recommendation from the Tree Board was requested, A new approach is now highlighted in the draft ordinance. In C:MND01WStTWP1,I,sndscspe Ordinance Agenda Info Sht 3march99 doc page I 1, 25 32 X 0 the current proposal, the Tcass Forest Service "Big Tree Reglstrv' (see Exhibit 02), which lists the largest trees found in the state by individual species, would be used as a benchmark. Native trees of high value (shown with an "M" in the Selected Species List) that are at least 50% of the circumference of a listed Big Tree Registry "champion tree" are eligible for Monarch Tree nomination. Any other tree that is at least 75% of the "champion tree" circumference is also eligible for Monarch Tree nomination. This process was recently adopted by the City Of Flower Mound. The KDB Tree Board support this recommendation, and Tree Board members also reviewed the Selected Species List to ensure compatibility with the Big Tree Registry comparisons, 5. Although irrigation is not required in the draft ordinance, staff was asked to include advisory language to notify properly ow-nets of the critical need for watering during at least the first three years after planting, 6. A provision has been added to the ordinance that allows single-family homeowners to claim a pre-construction exemption from the ordinance if they verify their status as owner- occupants of the home after construction is completed. I ESTIMATED SCHEDULI! OF PROJECT Two City Council Work Sessions were held to discuss the draft ordinance, on February IU'h and February 24'h, 1998. A City Council public hearing was held on February 170', 1998. If adopted on March 3'u, 1998 by City Council, the landscape ordinance would take effect on May 1 199& PIUOR ACTIOXV HEVIEW A public meeting was held to discuss potential revisions to the cumenl landscape ordinance on December l 11h, 1997, A summary of meeting comments was included in one of the two packets of review materials recently delivered to City Council members and P&Z Commissioners. The City Planning and Zoning Commission conducted a Work Session on this item on January 14`h, 1998, and held a public hearing on January 28t°,1998. The P&Z recommended approval of the basic format of the ordinance by a vote of 5 - 2. P&Z Commissioners also asked that several issues Identified during the public hearing be forwarded to City Council for further discussion and deliberations. • 1SCjJL INFORMATION The draft ordinance will affect all unplatted and undeveloped land located within the City of Denton, and will impose plan preparation, plan review, and tree and landscape installation costs as pars of project development costs. City-owned property will also be subject to di t ordinance as proposed. Ordinance administration and enforcement costs will be borne by existing personnel, and will Impact the operations of the Development Review Committee (DRC) and Inspections and Code Enforcement . staff members, The Engineering Department has Indicated that city subdivision regulations and drainage manuals will require modification If the clearing and grading requirements contained in the • draft ordinance are adopted. Clearing and grading requirements maybe extended to the extraterritorial J%0 • jurisdiction (ETJ) in the future, but should be severed from the Landscape Ordinance and added to the Subdivision Rcgulation.+ after proper analysis of impact if such an extension is implemented, 2 ?5,10 32XIO e , FXHIRM r Exhibit #I - Draft Interim Landscape Ordinance, Exhibit 02 - Texas Forest Service "IM? Tree Reafsrrv" Respectfully Submitted: Davi Hill rector of Planning and Development I wil ~ i t s V 2XIO IRW • y ' I I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES OF THE CITY OF DENTON BY REPEALING CHAPTER 31 AND ADOPTING A NEW CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF DEVELOPMENT; PROVIDINO A MANDATORY MINIMUM PLANTNO AREA FOR ALL DEVELOPMENT; PROVIDING FOR LIMITS OF CLEARING AND GRADING FOR DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE PRESERVATION OF TREES; PROVIDING FOR THE DESIGNATION AND PROTECTION OF MONARCH TREES; ESTABLISHING REQUIREMENTS FOR SCREENING AND LANDSCAPING REGARDING PARKING LOTS, OUTDOOR STORAGE AREAS AND BUFFERYARDS; PROVIDING FOR THE ADMINISTRATION OF TREE INVENTORY PLANS, LANDSCAPE PLANS AND PLOT PLANS AND FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE ORDINACE; PROVIDING A CIVIL PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; ESTABLISHING A SELECTED SPECIES UST; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $300.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton, Texas has determined that the continued ! growth of the City of Denton is stralning the ecological and esthetic environments of the City of Denton; 1• and WHEREAS, the City Council for the City of Donlon, Texas that growth, clear cutting, mass grading, and the Increase of impervious surface land coverage continues to diminish the forests, trees and natural conditions of the City of Donlon; and WHEREAS, the City Council finds that ft Is In the public Interest to Insure that new developments In the City of Denton will help preservation, protection and enhancement of the ecological and esthetic environments of the City; and WHEREAS, the City Council finds that the current landscaping, screening and tree preservation ordinance codified In chapter 31 of the Code of Ordinances, City of Denton does not presently meal the needs and demands of the City end that chapter 31 of the Code of Ordinances should therefore be repealed; and WHEREAS, the City Council recognizes that the establishment of new rules and rogulatone for mandatory tree requirements, mandatory planting areas In developments, limits of grading, landscaping, and tree preservation is necessary and in the Interest of the public welfare, and that an effective method to provide for the same Is the adoption of a new landscape ordinance rules end regulations and state low; and WHEREAS, the City Counts has conducted a public hearing on the proposed regulations contained heroin; NOW THEREFORE, 0 • r C THE COUNCII.OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: 25~ 32 x~❑ • M 0 SECTION t. That the "Landscaping, screening and Tree PreeerveW " Chapter 31 of the Code of the City of Denton, Texas, be and the same Is hereby amended by the repeal of Chapter 31 of the Code of the City of Denton, Texas; and SECTION II, That of the Code of the City of Denton, Texas, be and the some Is hereby amended by the adoption of a new Chapter 31 of the Code of the City of Denton, Texas, entitled "Landscape so that hereafter said chapter shall be and read as follows: ARTICLE L IN GENERAL Sec. 31.1 Short title, This chapter shall be known and may be cited as the Denton Landscape Code See. 31.2 Statement of Purpose. The Intent of this article Is to promote the Immediate and long-term public health, safety, ecoeomic stability and general welfare by establishing end managing the City's urban Use canopy coverage. This article is Inlended to promote the following general purposes: (1) Preservatlon, protection, and enhancement of the ecological and seilift is attributes of the City, (2) Ecological stabilization through urban forest management that contributes to the processes of air purfication, oxygen regeneration, ground water recharge, storm water runoff retardation: and promotes energy emclency and water conservation, thereby abating noise, heat and glare. (3) Protection, preservation and advancement of the urban forest's appearance, charecter and value that includes all properties within the community, and that contributes to a strong sense of neighborhood, community, and quality of life. (4) Protection and preservation of native and specimen vegetative species, their ecosystems and natural habitats and preventing damage to and unnecessary removal of vegetation during the land development and construction processes. (5) Acknowledgement "I bees and landscaping add vatue to property, protect public and privets Investment to Me general benefd of the City and Its residents. (6) More specifically, this article Is Intended lo: a, Protect water resources, flood plains, environmental quality, and the natural and man-made physical and visual quality of the City, b. Mitigate the effects of impervious surface land coverage by strictures and paving that lend to increase ambient air temperature and generate greater water runoff causing erosion, flooding, end water pollution. e. Prevent clear-culling and mesa grading of land by encouraging the use of natural terrain for + buNding sites, and by provlding cluster development Incentives. 'r( d. Promote natlvd plant species preservation and replenishment, and encourage the use of drought tolerant and low water usage vegetation. / e. Provide incentives for tree preservation. ~~<Id 32x Maim 0 1. Protect end provide wildlife hobitets, g. Require landscaping and screening to promote land use compatibility and Improved aesthetic quality. h. Promote soil conservation by minimizing naval terrain disturbances, thereby reducing sedimentation, and air end surface water poll utlon. Sec, 31.3 Definitions. Clearings M Intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Clearing is donned to Include, but not be limited to, chemical, physical, compaction, or grading damage, Clear•outting Is a clearing activity conducted over an entire lot, Criricaf Roof Zone: A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. A tree's critical root zone Is measured as one foot of radial distance outward from the trunk for every Inch of tree DBH, and may be no less than a radius of eight (6) feet. DBH. Diamater•at-breast-height (Dl Is the tree trunk diameter measured kt inches at a height of 4.6 feet above ground level, If a tree splits Into multiple trunks below the 4Y, feet tevel, DBH will be defined as the sum of each Individual trunk measured at 4A feet above ground level, or the Single trunk at its most narrow dimension, whichever Is greater, Dlrselon The City of Denton Director of Planning end Development, or the Director's designee, Drlpllne: The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the trcr branches to the ground. Eroelon: The detachment and movement of soil or rock frogments, or the wearing away of the land 1 surface by water, wind, or gravity. Oreding. the mechanical or physical act of dislurbing, moving, removing, transferring, or redlslributing soil or earthen surfaces, Oross Lot Arse: An area under public or private property ownership, whose lot lines are described by plat or deed. 1 Omund Cc vier. low growing plants, vines, or greases that form dense, Wtunjlvb eirowth, std have a positive effect against soli erosion E4td soil moisture lose. Impervious Surfea: A surface that has been compacted or covered with a layer of material so that it is highly resistant to Infiltration by water. Limits of CNering end Orading: The boundaries of that area of land Identified in a landscape plan to to subject to soil disturbance or cleared of trees and other vegetation In coniunclion with a proposed development or land use, Live Plant Materials, "Lhre" plant material, Including grosses, annuals, perennials, bulbs, f groundcover, shrubs, and Irene are botanical plants that are nourished through the processes of elr, 111111 water, and soil nutrients. Plant materials such as, plastic, fibrous, slik or other non-live materials are not considered live' plant materials. 6 - 4 25 x 1n 3210 ✓•Y'v +e f' Y~N11 ti] V ~aldl{t , I Outdoor Storage Ara Any area that contains trash collection areas or dumpeter refuse containers; outdoor loading and unloading spaces; docks or outdoor shipping and receiving trees; outdoor storage of bulk materials and /or parts; or areas regularly usso for outdoor repair, outdoor storage ` areas of service stations, motor vehicle dealers, or Inspection stations. Temporary construction and related activities are excluded from this definition. Permanent Tree Protection Devices: Structural measures, such as retaining walla of aerstlon devices, that are designed to protect the tree and Its root systems throughout Its lifetime. Planting Ara: An outdoor area, the surface of which may not be covered by Impervious surface materials such as asphalt or concrete, nor by structures, and devoted entirely to the planting or construction and maintenance of trees, shrubs, groundcovers, fences, walls, andlor earthen berme. Temporary No Protection Devise: Physical barriers, at least four (4) fast in height, Installed prior to construction for the purpose of preventing damage to trees. Such devices Include snow fencing, chain link fence, barbed wire fence, vinyl construction fencing or other similar temporary barrier, may be no less than four feet In height, and non-intrusive to the tree critical root cone. Tree Topping: The severe cutting back of limbo to stubs larger than three inches In diameter within the tree's crown to such a degree that removal of the top canopy disfpures and Invites probable disease to the tree. Vegetation: All plant life; however, for purposes of this chapter shall be restricted to mean trees, shrubs, ground cover, and vines with the exception of state and federally protected of endangered vegetative species which In all cans shell be preserved. Vehicular Surface Area: Any outdoor off-streei area used to store or drive motor vehicles that does not contain defined off-street parking spaces. Paved areas used for drive-through windows, parking lot access lanes, or gas station pump lanes are considered to be vehicular surface areas. See. 31.4 Applicability, All property located within the city limits of the City of Donlon is subject to the provisions of this article. Clearing and grading permits shall be required for all property prior to the commencement of clearing and grading activity. Complete and accepted tree Inventory plans shall be required prior to preliminary plot approval. Approved landscape plans, which may also demonstrate satisfactory clearing and grading requirements shall be required prior to final plat approval. Approved plot plans shall be required prior to issuance of building permits, and Inspected for compliance prior to final Inspection and/or Issuance of the certificate of occupancy. The requirements of this chapter will cease to be In effect upon the satisfactory completion of the final Inspection for single-family and duplex residential dwellings. For any other land uses, previously platted lots shall be subject to the provisions of this chapter when one of the following occurs: (1) Remodeling or redevelopment Is proposed that would expand existing gross floor area of the lot's structure or structures by twenty-five (25) percent or more; or U Parking lot(s) or vehicular surface tree(s) Improvements are proposed, which would result In an Impervious surface expansion of twonlydfve (25) percent or greeter, or would result In Impervious surface reconstruction amounting to twenty-five (25) percent or greater, Ste. 31.5 Exclusions. / (1) Property being actively used for agricultural, ranching, or livestock production and serves is the source of primary Income for the owner/lessee Is exempt from the provisions of this article. A 7 A0 32XID 0 clearing and grading permit must be submitted, without charge to the applicant, to serve as declaration of exemption from this article. Property Identified in the permit Is excluded from any other land uses, other than those defined h this section, for a period of no less than 5 years from the dote of Issuance of the clearin and radin ermit. ARTICLE II. TREE AND LAND PROVISIONS Sec. 31-6 General Provisions. (1) Tree Requirements a. Trees: All property shall provide trees at a ratio of twenty (20) trees per acre (x3,560 square feet), or one (1) tree per 2,178 square feet of gross lot area. b. All trees planted to satisfy the tree standards must be a minimum of three (3) Inches In diameter at breast height (DBH), c. At trees planted to meet the requirements of this section must be listed on the Selected Species List. No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-five (25) feet, measured horizontally, from the nearest overhead utility line. I I 1 I I (2) Land Requirements a. Planting Area All property shalt reserve as planting area a minimum of twenty (20) poroont of { gross tot area. b. Limit s of Clearing and Grading: The Iimils of clearing and grading shall be designated on the approved landsceps plan prior to commencement of any construction activity. The limits of clearing and greCnig shall designate the outermost edge of the area within which the exisll t re h is to ~following and vegetation eremoval. h ent and dlslurbence shah be minimized, 1, Street construction and necessary stops construction. However, such clearing shall moot the criterla of the City, 2. Pub!: service or utility easements and rights I'-way, This shall Include areas for utility line Installation with any temporary construction easements necessary for such installation and easements for malnlenanoe access. These easements shall not be cleared prkx to actual line Installation. TerrhWory constructiom easements shall be located to minimize son disturbance and tree removal. i 1 Building root coverage area and ancillary structures, such as covered patios and porches, plus up to 10 feet on all sides for construclion activity. 4. Driveways, alleys, walkways, parking lots, and other land area necessary to the Installation of the proposed development or use. Other necessary land area may Include area for tennis courts, swimming pools, and related structures end uses. 6 in 32XIlJ A aroaeaa A 5. Area for septic field as required by the Utility Department. This shall not Include area necessary for reserve lines until such time as the reserve lines must be Installed. 8. Sediment basins. Only the area necessary for the construction of the dam, the area In which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation. Configuration of the basin shall use natural terrain as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposit of sediment andlor debris shall be removed by the property owner, 7. Detention ponds, Only she area necessary ror the construction of the dam and the area necessary for conslructlon and maintenance of the pond shell be cleared of vegetation. Configuration of the pond shell use natural terrain as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposition of sediment endlor debris shalt be removed by the property owner. 8. Other types of construction, or land activity associated with construction, not listed In items 1 through 7 (above), that are necessary for the reasonable completion of the project. Isom e. Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 20 trees per acre. If the trees are healthy end without substantial damage or detect. Tree credits shall be earned In the following Increments, DBH of Extolling Tr" Tree Credits 8 to 12 Inches 1.0 12+ to 24 inches 11 24+ to 36 Inches 2.0 38+ Inches 2.5 b, Tree credits may not be eamod for preservation of existing trees located on land required to be dedicat.9d for putlic rlgheof-wny or easement purposes, unless the property owner cart demonstrate it c ability to protect the credited trees by way of restrictive covenant or other legal instrument considered satisfactory by the City Attorney. c. Tree Credit Protection Measures: Tree credits will not be permitted unless temporary tree ' protection davices are Installed at least to the limit of the critical root zone or the drlpllne, whlchever Is greater, during constriction activity. The following sctivitlee shall be prohibited ` within the limits of the critical root zone or dripllne deny tree being preserved for credit: 1. Physical Damage; Any physical damage to a tree preserved rot credit that Is considered to place the survival of the tree in doubt shall be eliminated of a credited tree. Tree topping Is prohibited for trees preserved for credit, 2 Equipment Cleaning and Liquid Disposal; No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of e • protected or monarch tree, This Includes paint, oil, solvents, asphalt, concrete, mortar, ter or similar materials. 3. Grade Changes: No grade changes (out or fin) shall be allowed within the limits of the critical root zone of eny protected tree unless adequate construction methods are approved by Ute Director of Planning and Development. 9 Haas... 0 . i I e. Impervious Paving; No paving with asphalt, concrete or other Impervious materiels In a manner which may reasonably be expected to kill a tree shall be placed within the Wits of the criOcal root zone of a protected tree, unless otherwise specified within this article. 5. Material Storage: No materials Intended for use In construction or waste materials ' accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree. 6. Tree Attachments: No signs, wires or other attachments, other than those of a prolectlve nature shoe be attached to any protected or monarch tree. 7. Vehicular Traffic: No vehicular ondlor oonstruotlon equipment traffic, parking, or storage shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement. This restriction does not apply to single "dent access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vahloular access necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. (A) Residential subdivisions e. Residential subdivisions may demonstrate compliance with the 20 trees per we Tree Standard by calculating the average number of tees pet acre for the arse contained within the entire subdivision. b. If a residential subdivision achifa95 an average of 30 or more trees pet sae by reserving r' open space to be dedicated to Me City, Including land required by the City's park dedication ordinance, or to be maintalncd by a homeowners' association, mInlmum lot size may be reduced by Ian (10) percent In order to realize the maximum dandy allowed within the r zoning district. (7j Public property m All lands owned as Individual lots by governmental entities are subject to the provlslons of i this article to the extent allowed by low. The City of Donlon appreciates the peftipatlon of federal, state, county, and other jurisdictions in the management of me Ova It" s~ cover. b. Construction Projects located within Public Rights-of-Wey and Easements, the atea defined by project mml lines will be used to determine tree standard compliance. Trees removed must be replaced on the same beds used to calculate tree credits, If 10 2 Y, 0 32XIO 0 4 replacement trees cannot be planted within the project area, they must be punted within areas designated by the Director and consistent with city open space plane. Functional Requlroments a. View Obstructions: Al landscaping, trees and screening devices required by this article shall be constructed, Installed and malntalned so as not to obstruct the view of motorists between the street and the access drives and parking aisles near the streel yard entries and exits, nor shall any landscaping which creates an obstruction or view be located In the red lus of any curb retum, b. Traffic Barriers AI planting areas, Including critical root zones around trees and those used for perking lot screening and interior landscaping areas, which abut any parking, lot or vehicular area shell be protected with curbs, parking blocks or slmlior barriers sufficient to protect vegelatlon from vehicular Intrusion, 0Plant and Planting Quality Conformance; AI plant materials, Including replacement trees, shall be specified and planted with plants using the standards of the most recently published version of the American Standards for Nub, by the American Association of Nurserymen. AI plants shall be clearly logged ed b the rovkiln nurse for easy Inspection with the Botanical Name. ARTICLE III, LANDSCAPE REQUIREMENTS See. 31.7 PARKING LOT LANDSCAPING. (1) Parking Lot Screening and Lsndscoping e. Perimeter Screenina Any parking lot m portion thereof that Is visible from the public right of way and contains 10 parking spaces or more shall provide perimeter screening. The perimeter of each parking lot, excluding driveways, which fronts upon or Is adjacent to e public street other then a public alley shell be provided with shrub screaming with a minimum mature helghl of thlrtysix (36) Inches end installation height of elghteen (16) Inches or greater, and spaced no more than twenty-four (24) Inches sport, edge to edge. The use of berms end promise wells will be allowed to contribute to installation and mature height requirements. The slope of any earthen berm shell not exceed one fool of height for each three feel In width. b, terio~ landscaping Any parking lot Of portion thereof which Is constructed and contains forty (40) parking spaces or more shall provide permanently landscaped area, consisting of Islands, peninsulas, medians or adjacent planting areas, One canopy Use shall be provided for every fifteen (15) parking spaces, and one shrub will be required for every five (5) parking spaces. At least fifty (50) square fool of planting sees shah be provided for each required tree, and no parking space shah be located more than fifty 0 (50) feet from the trunk of e Use, All Interior landscaped areas shah be covered by trees, "l} shrubs, or ground cover, 1 c. Compliance vellh tree and lend requirement; The trees of planting areas used to comply with the parking lot screening and landscaping requirements contelmed In this section i l1 i - - 25 . in :j 3210 may also be used to demonstrate compliance with the 20 trees per acre standard and the 20 percent planting area lot requirements contained In this chapter. d. Distribution of landscaped areas: The required landscaped areas for parking iots shall be more or less evenly distributed throughout the parking lol, although adjustments may be approved by the department, where the shape or size of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution, e. Vehicular Surface Areas: Vehicular surface areas (VSA) must comply with the requirements of this section. Perimeter screening Is required as indicated In Section 31• T(e)l, Interior landscaping requirements shell be met by providing one tree per 4,600 square feet of VSA, and one shrub per 1,600 square feet or VSA. Tree canopy cover shall be evenly distributed throughout ft VSA. (2) Outdoor Storage Art@ Screening e. Any outdoor storage area, or portion thereof, must be screened from public rights-of-wey using live everg•sen screening plants, six (6) feet In height at Installation, spaced no more than eighteen 118) Inches apart, edge to edge, i b. A fence or wall may also be used for outdoor storege area screening, provided It is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the some material as that of the principal building. Dumpstsr enclosure openings may not face public right"-way unless they are gated. (3) Buffsryards a. Butteryerds shell be required under the following conditions: 1. MultPamily uses shall buffer when adjacent to single family or attached housing uses. 2. Commercial uses shall buffer when adjacent to single-family, attached housing, muitl-famlly, , and lesser commercial uses. 3. Industrial uses shall buffer when adjacent to any use, including lesser Industrial uses. b. Where City code requires the Installation of a bufferyard between residential and nonresidential land uses, plant materials or fencing may be used to provlde the required buffer within the ten (10) feet wide required yard as described in Sections 31.7(1) and 311- See. 31.8 Maintenance (1) Maintenance Requlrsments L The property owner or hlOer agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materials ea may be required by the provisions of this article. Once the Mal Inspection has been completed for e single-family or duplex residential dwelling, the requirements of this article no longer apply. • Al plant material ano granting areas shall be tended and maintalnud in a healthy growing • • condition, replaced whtn necessary and kept free of refuse and debris, JV- c. Fences, wens, gates and any other outdoor structures shall be maintained In good repair, Openings within the barriers may be required by the Director for accosslollity to an area for necessary public maintenance. It -r~ R 10 32x10 a I loop ARTICLE IV, ADMINISTRATION REVIEW AND PERMITTING See, 31-9 Administration, Review and Permitting, (I) Plan Submissions a. Tree Inventory Plen After the effective date of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree inventory plan. The tree Inventory plan shall delineate site trees by type, site and species. An inventory map shell delineats tree cover by Identifying all stands of trees with similar characteristics, such as specle, and defined as areas which include the outer perimeter of the dripline of Individual trees, Notation shall be Included Indicating the range of height and OBH of trees within the areas, the predominant species within the areas, and the general appearance or the trees with regard to health. b, LA03M Plan 1 The owner of any property to which this article applies shall submit a landscape plan in the form and manner specified by the Planning and Development Department before the approval of the final plat, This plan can be combined with the tree inventory plan. The landscape plan shall contain sufficient detail, as specified by the department, to show the following: t. The location of all existing or proposed subdivision Improvements, buildings and Impervious surfaces; residential subdivision landscape plans may substitute limits of clearing and grading designations for Individual lots Instead of detailed building location and impervious surface Information until the time that a plot plan Is required; 2. The limits of clearing and grading proposed for the project; 3. The IocaNon, size, species, and health of all existing trees Intended to be used for tree credit purposes, including tree credit calculations and the methods proposed to comply with preservation requirements; 4. The location, size, and species of all new trees required to most the Tree Standard of 20 r ` trees per acre, Including the calculations that show how exiting and new Uses will comply with the ordinance; • S. When the perimeter and/or Internal landscaping requirements for perking lots apply, the size and location of She parking lot(s), the number and striping of parking spaces, the calculations that show how many trees and shrubs are required, the location of required plantings and planting areas, sae Illustration of Use canopies as 50-fast wide radius circles; , 8. When the property Is required to provide screening for outdoor storage areas, the location and specification of screening materials; 1. When the property Is required to provide buHeryards, the location end specification of buKe and materials 10. Such other Information, as specified by the department, es may be reasonably / necessary to administer and enforce the provisions of this aftle, 13 ~ ♦ Y 32x~a ,..sae. . • ,,%vat" ReYlrM irind ApMoval of the Landscape Plan. The Planning and Development Department shall determine the completeness of the submitted landscape Plan within two (2) woO.ing days. The plan will be referred to the development review committee for Its review and approval. The committee shall retum the plan to the department noting thereon No approval or disapproval. If disapproved, the committee shall specify the reasons why the plan does not comply with the provisions of this article, c. Plot plan Before the approval of any building permit application a plot plan must be submitted. A plot PIon for residential, muNi•famlly, commercial or Industrial use must be consistent with the Landscape Plan and it must show the limits of grading and clearance for building construction and Impervious surface installation. It shall also indicate specific lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees, end new trees to be planted. For projects with detailed sMe, landscape, and construction documents, the plot plan requirement may be waived where all Information has been previously provided. i i i i Sec. 31.10 Enforcement, Penalties, and Fees (11 BondlCash Deposit: In lieu of installation of the landscape materials prior to occupancy, the applicant may post a bond acceptable to the City, conditioned upon satisfactory installation of the landscaping proposed In the landscape plan. (2) Penaltie : That any person violating any provision of this ordinance shall, upon conviction, be fined 4 a sum not exceeding $500.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. 14 K 10 32XIO I~ I- +era~as , Sec. 31-11 Civil Remedies (t) Nothing In this chapter shall be construed as a waiver of the City's right to bring a civil acton to enforce the provisions of this chapter and to seek remedies as allowed by law, Including but not limited to the following: e. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that Is necessary for compliance with the ordinanoe. b. A civil penalty up to $1,000,00 a day when M Is shown that the defendant woo actually notified of the provisions of t e ordinance and after recalving notice committed ads In violation of the ordinance or failed to take action necessary for compliance wlth the ordinance. Sec. 31-12 Appeals Unless otherwise provided, an action by the CRy In deterrnlning compliance with the terms of this article refers to a determination by the Planning d Development Oepartment or the Development Review Committee (ORO). The DeveloperlOwner of land subject to the requirements of this chapter may appeal any determination by the Planning & Development Depw"-*nt or the Development Review Committee under this chapter to the City Council for a Anal decision. The appeal shall be kt writing and shall be filed with the Planning and Zoning Commission, which shell make Its recommendation to the City Council, The City Counts will not review the appeal of ally determination by the Planning 6 Development Department or the Development Review Committee without fast obtaining Na recommendation of the Planning and Zoning Commission. No plot or permit shall be approved by the Planning and Zoning Commission which varlet the terms of this chapter or which does not comply with the Panning & Development Department or Development Review Committee's determination without final resolution of the appeal by the City j Council. Sec. 31-13 pees The City Council may adopt a fee or tees, In the amount to be established by ordinance, to administer and enforce the provisions of this Chapter, Sec. 31.14 Conflicting Ordinances at ordinances or parts of ordinances In force when the provisions of this ordinance become effective which are Inconsistent or In conflict with the terms or provisions contained In this ordinance are hereby repealed to the extent of the conflict. j is 2.5 X ~d 32x~d I 1 V "NALMIN 0 Sec. 31.15 Selected Species List. ond Medium Trees Existing Common Name Botanical Name Native Hatpht rays C red Street it r Black Black Nara 150, x 60' w1raInIMMA a 40'x 10' Camaild Juniper n London Piano Tree. avtanus acerlralla 50'x 35' a Primary 5 r r Texas Red Oak Quercul texans a 30' it 30' a We • Linden Cillar Elm Umus Cris rl HOOL Trea credll is Ilmltad to thoea Ioeely Indioited bye a" 1Ymb411II 16i x1ttEt1Q I[If ~ndl! o~y¢~ N~ M Indicates specie and minimum diameter for Monarch Tree nomination. They we listed at 66 percent of that trees' caliper as listed on the current texas Forest Services Sip Tree Registry; other bees Bated on the BOOM Species List or on the Big Tree Registry may be nominaled for Monarch Tree status at 76 percent of that species caliper. t6 I 1 3?x❑'I Y {i o I Accent I Small Tr"s and Liras Shrubs Common Name Botanical Name Native Hdpht i ExIsOng Tree StrW Credit Tres 15,118, _ 2C x Is' • 25'x 25' Foster Hotly 02 11ax x. atenusialostarr A2 2N 115' A Accent- Asho Juniper Junigerul WC 26' 111! i Rooky Mountain Junlow judoeful ygmilogum 3& IL IT Crape MAN Laaaraboam`s Indics IaAeraral 15' x 1y • Y 1 ' Accent adnaza Pfidnia 20's 19' I Carolina Ogdoom us W011MIAMS 20, it I S, Tax as Mountain Laurel i L'"n R ckm Llnmudia ludo e a 2dx 201 . [igloo Trot Credit is limited to thoerepacla SndleaMd bye"j~lnbo) in the EnLtlna Tr" Credit column. M Indicates specie end minimum diameter for Monarch Tree nomination. They are listed at 50 percent of that treat' calliper as 5sted on the cunent Texas Forest Services ft Tree Reghtry; other trees listed on ft Waded Speclas List or on the Big Tree Registry may be nominated for Monarch Trot statue at 15 percent of Thal species carper. ~ y 11 10 32XIO~ 1 • , A :lGt70ra1 ` I I I I Shrubs Common Name Botanlal Name HeI h! 8 Width Glow AD111o ADella ndlflort wreven 0' x S Edward Da aW Mono Abello rarldl 'E GO'dAr S' K d' Prostrow oballa Abollo erWllbra'Proshta' 7 K 7 JO P41064 Acube Awba "DonkA 4x4 Pu Owbon Blrbeno Ihun II'A ume' W x e' i B Berbone Ihunbe I'pimSOn 2'x T -pyry aCnnukn Ba semen) tun mean 7 x IN Je noa Kwood Buxw ne kul Warn n o' z td BOeu la oma ne 17 X j: Burson 0 nlhw ocdMntsns 8' x 0' Owe A ChaenOn101aelaDOnla exa a r Iowa QUM 0141lea llhk US drummomil t Pom e ro Corhdene "noom T K f4lN w"I or oh van ED Y Ilwrbe Room x abbonool 17 K ' Jo neSe Areas Fable Ice 1d z 70 Fora b Forl MICA Intarmedl6 x a' z a' nam naum meneyH INK 9O .t2m'Bu aM' r x 1' u "IX b' onale P K S' Homed HNI 11ex mmuta'RoNnaw f' o' FD*arf~fU nl kx comu ' x ' . n Hot K cOmu4 s' x B' Ja enbe H I IIe Ilex MIS M' x e' Ja anatl Hdl flax cronate'Henv, a' x Sid Ilex voaxtorlaNSn ' Tper Junl r JuM rub ahinsnelle'Phtaerena Comoseg Tie' Pfluar JuM r JUN NI opine I Sett n ~0' K 1~ f lu1 Ile JUM r unl nre ainenall'BIw Paso' b' x 1' Shag JUM r JUnI rue con rte 7 K 1' 0167, elf Oa an,wnl Junl 11 Den! a 0' Cro t e mle India c Avers K 1' Pmotrete Crag r0/ eoersboonNa India (bulwanl 7 3' ---Lena UnUns [wMlnnl ~ exaa S 10 La h rxo hutI07% ouldv ro verloll Va led Chlnlto PrNol L Strum Nn n V to' T K r (Hers) LI aolea Whlb Hone uckle Lonlors elMilora x 1' LoMorleo ahonle ahonb beak) nLL a b all x Malmo Stloe cutlva6 Nit, 1f ' x Nandlne andina dOMISICS SeNem. Dwan Nandlna mdlna 60MISla w r a' z Y Dwa P ren to Punka armum' ne' O' x ' FOoMm nIM altlv rsveM! Fr rani S hu! a a0a em6 iamen0ue Tueean lu K ' taw srcotlon Santanne wluvort 7x 81dalwreath S rea lroo mtoee ' x 0' Yonhoutto S Ireo S Irso K "fal Q' x dalbo B Onra- OrblculetuS x 000 em hel tens kunlhN a' K 7 ''Aa lb 75 Q 32 X • w 0 OroundoOVerolBedd160 Plants _ Common nms Botanical Name to 'A v- nt Al Is" Is Ce Tfteenome 1 Cr &"a r sm b rI4OM$ 02118 n 1 O IN N n r cal n n can nl rosolm r n n a on n f ntan I snans moY e -11V OUINV n do h 1 Inl r M u v n N :Pwgj Borly I v J smins n Um 851@Kvn Psrlwlnkls Vines m11Or MIOV _ Vines Common Name Botanical Name al n v 1 CM9 Vlns onb Purr, t Ins am 1 radloan • Ina nslloesd VIM COMM COMM S Ina Jss nun Mad ssml m n 1 era w vsn Hall's IfOn eye uCkl 0 1.0`110411 F 7IaN na' WROSI SUC" L0IICOM m M sM t 0 enoda4 I Chsm ene ra IG minll s M Orl 1 V no vivo v n rs J1 s is Wiled; e1M DUnds Chlnolo wbleAS XIM o nl Ormmenlat Orauu I Com o ~lami Botanical Napr4 BI Dive ate rd INS` BWSSRem n ~ s ' i Reed Grail a a v11 Inland as Oab ChnmM lum be Pam a em Consdado soloon-A Lemon Oro" rrrooooaon avoll 5u6arume UM4ZLIA ErlanlhusulueM4ru1 Eulalb Vmnleu U MMb' 11'n e aldan ese isrAMMs JeOeMef HYSf rbe ilcanmUl Mnolo' r.0 NO" NO" Neu Grass Ol Mod0N/'. _ _ Ne 0 bUMhW Pill PW tl Muhi u 1 nD1 b filims Un helms a UhIV Uhl 1 i A Bnee uM can a /sYer I DMar1 ountain 1 Mr111etUfn lbDe01M1'HifMVn'. u 4 FOUMSinofus PMni uM Sta vM-R _I>ttrm' FountaV ass . enniennl to lx, Iedl M1bdO - 6LC12c ' LIOb Blu 6 em tlilt ynwll IMOeAyITI EaM1 OfleeN Bu ato nse Outn" luivloldes Bermuda Gross C loch I e cue at ~ t. cancans oil tsnota m 11MAIum SM.- "Alipp. _ 19 32 x~~ 1 I • I b79ar9.na1 O i.iaaAlb Perennials Common Nave 9olanlcal Nana Acanthus Acanthus mdna Hon M Ala room Ltl Ila "thu Ysnaw ma s g uda IDD arenlhue ranth lnada gualom AncNsi 1 Texas Odd m of I f M1 Y. M a AtUrNsis IN A&VOWSO a IO B060616 too. runner MM a d um fnnuft ~01091WTI n can" Nrlf x n14 ftif"M Pa winkl Inn Val) { Fran BhNt1 e n arms maximum Cdewat Imba Crocus fP3;.► Mexican Hf a Innual 1 h V. 1 BI n an Cfntrl { conallowsr UNION@ ourourf a frranwon - IrMdlum IKI{ ball u tome wimftmm De Hemeoull Ma Mow HDI{pI11Il01oheu - _ - Hosts Hosts I Ind R Ibfn1 NmDaMrena Iris r Ins I hAm Lfntena Llntanf I v1 er Lw d s1 , Sao lavendef Imonlum 1 Num n tlme U of _ u mw 6091 100611th A11 trolviviscul II' 1 ck m it's al m i m .-I u B e Im Ws dl DOW ' orf selnlh ICSn spy. a ode Irossu/ roo... WIN , No a . Nets I all{as I Rock Rosa avoni w-A Russian saga - - RZv _la 11r1o. Thin loll IuW SW bldlent ant PhysOsleos WmAlans d avoman'1 still . Knotwesd m o{ mn sl Onuua I In ue n tl 0. unaw VI I fls udbeckla 100.~_ xlCen etunlausllls srd. - im. y f vie Levendn Cotton fn n 10M edum - - 6 Miller 'n S~a n e1V f s - - _ ~ ream googingle 81e frDfnf vml tl 10 - - 25 32x 10 »urr.a , i SECTION Ip. Thal any person violating any provision of this ordinu+ce shall, upon conviction, be fined a am not exceeding $500,00. Each day that x provision of M ordinance is violated shall eonatitute a sepmte anal distinct offense. 5FCTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word In this ordinance, or sppiieadon thereof to any person or circumstances Is held Invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby dedam it would hove enacted such remaining portions despite any such validity. SECTION V. That this ordinance shall become effective ~ and the City Smetary is hereby directed to cause the caption of this ordinance to be published twice to the Denton Recotd•Chronicle, a daily newspaper published in die City of Denton, Texas, within ten (10) days of the dale of Its pussse. PASSED AND APPROVED this the day of ,1996, JACK MILLER, MAYOR AT TESTt JENNIFER WALTERS, CITY SECRETARY $Y; APPROVED AS TO LEGAL FORM: IIERBERT L, PROUTY, CITY ATTORNEY 8Y; j 3l X I~ 32X e , 1990 I C ANNIVERSARY . ISSUE TFXAS FOREST SERVICE A 1'ari Of The Texas A6~M University ' System Information do Education TEXAS FOREST SERVICE 17, O. Box 310 Lufkin, TX 75902.0310 (4Uv) b39.8160 1~1Lcasma i 3Kea'Wlae'~ d r ~ ~ Lf 3/x#~ In 0 NEW MYLESTONES The 1090 sdi don of the Texts Big Trio Reglstry commemorates special annivereares of the national big tree program and of the Texts Forest Bervice, the coor1rusting agency far the Texas big tree program. Fifty years ago, in 1940, the national champion big tree program was born. 8o :onty-five years ago, in 1018, the Texas Forest Service was treated, Both the national big tree program and the Mute forestry agency began with an oxFressed concern for the protection of trees and forest resources. The national big tree program credits its start In 1940 with a published plea from a forester - in AMERICAN FORESTS magazine - for people to And and save the country's biggest trees. In a country concerned with the possible Impact of a world* Lr on Its forest resource, this call for action on behalf of the nation', rosourca round a receptive wdience. The call for a national forostry group to organic and coordinate a national program to give reeogtudonto the country, large and historic trees was answered by the American Forestry Aatotiatlon, In Its fleet request for big tree nominations, AFA sought champions for 100 tree spades. Trot lovers everywhere were asked to seek out, measure and nominate the largest specimens of thew species they could End. A chestnut oak In Suffield, Connecticut was the lint trot nominated as a result of the call. A whits oak In Wyo Kilo State Park, Mwyland is one of only a handful of trees which have retained their national championshlp tide for Afty years. Now, fifty ysaro later, the national big tree program has grown to encompass over 880 native and naturalized species In the UNted States on the National Register of Champion Treat, For a copy of AFA's A'oNonol Register of Big Treee, send a check or money order for 17.98 to the American Forestry Association, P, 0. Box 2000, Washington, U.C. 20013. Free copies of the national big tree registry are avdlablo for thole who join AFA and pay the 124 membership fee. Like the national big trot program, the Texas big trot program, which Is courdin■tod by the Texas Forest SeMco, also has grown considerably over the yew. Champions for over 200 species of trees are listed In thie 6sue of the Texas Big No Registry. Of these over 80 are either national champions or mehamploni. Tres within flee points of each other w listed as national co-champlono. Trees marked with an (e) are notional champions denotes national co-champlonship statue. An (e) Indicates the trot has been romeuured. Tres championships are determined by it combination of meaeunments, not Just trunk site or tree height, alone, Trunk circumference in inches, tree height in feet and average crown spread in feet era used to calculate an index valuo for each tree. Trunk circumference Is measured it four and a half feet obovs the ground In most cave, though .pedal provisions exist for trees branching at or below thle level. Average crown spread Is found by measuring a trees crown at both Its widest and narrowest points, adding these two flguros together and dividing by two. Trunk circumference can usually be dotermintd rather easily. A tape measure tan be wrapped around the trio trunk to got it tbrect measuroment, but even a string can be used, Once the string length needed to retch around the tree is determined, the string can be laid out on the ground and Its longth measured with a tape, yardstick or even a ruler, Obtaining crown spread measuromonto It a little trickier, am one hat to estimate how far the drip line where moisture drips off the outermost leavos _ extends by sighting up from the ground often to high branches. A plumb line can bo made using a string and a weight of toms kind to provide a vertksl sighting up the string w to the edge of the leaf canopy, Outer crown boundaries tan be marked on the ground with a nail or other 6;ott and the distance twtwoen opposite sides of the iris subsequently meooured. One tin determinearough soil maw of Wight usirig aitralghtobject much its aruler. Touse the stick mothod, hold the stick vertically, at arms length, Move closer or further away from the trot, using the stick ar, a sighting guide, until the top of the tree lines up with the tap of the stick and the bottom of the tree lines up w th your line of sight across the bottom of the stick. Turn the ruler in your hand until it lies horisontaliy. Lino up tha bottom of your ruler with the center of the bass of the tree, taking nuts of the point on the ground which lines up with the other end of your stick. Msasura the distance from the palnt on the ground to the center of the trot to got an approximate height for the tree. Champion tree status is floating. Today's champion may be tomorrow's also-ran. Since th+'Pesta Big Tree Regtetry wits updtted In 1980, over 88 new thamplons have been trownod, no Texas reglatrv has been opened up this year to allow new spades to have a shot at itete championship titloo. To be con•.derod for national 1 1 championship honors, however, tree spedot (till hart to bs listed In ~h kec u,i or U~ted tt.tea Trees )Nodes and I r Naturalist by Elbert Little, Jr., September 1989 edition, Coierp t~fo+ $afdeyprese near Leaftey 23, k.r,.ff f 32X 0 ^arr~s Tan new state champions ..six of them new national champs - were recognized In the No Grande Valley in early 1990, and several more champions from that region have boon crowned since. Now ehamplont also haw been crowned In the more forseted regions of East and Central Texas. Evan area of the state not known for their uses have garnered big tree chiunpionshIps. El Palo and Hudspeth counties have notched new tree champions, as have Lubbock and even Lipscomb County In the extreme northeast corner of the Tax" Panhandle. The state of flux of the championships appears to reflect a tieing interest In our state and national tree heritage. This irate»et Is tlso apparent from eonenuing new nominations tubmdtted from all over the state. For Information on Texas champion trees and nomination procedures, contact the Information k Education Section, , Texas Forest Service, P. 0. Box 310, Lufkin, Texas 7b902.0310, phone 409$39.8160. Champion changes have resulted from the discovery of larger specimens than the reigning champions and through the damage or death of treat duo to the ravages Of nature, In Texas, hurrlcanes and Itghtning have taken their toll. Some large old champion trees have, as one might expect, suffered more from the rtvages of both nature and time than younger champions and are not very picturesque, Trots,juetashumanoand all other Ungorgandsms, have expected if te-spare; and toward the ends of their lives, they, too, become more frail and susceptible to injury and attacks by Insects and decay. Though their growth may span devoted human generations, they can't be preserved, The conditions In which they grow an be protected from man-made disturbance, but weather, time and even the crew themselves will act to change their growing conditions. New trees will thus continue to be needed to replace damaged or declining champions and to add new trot species to the list of Texas champions, Potential champions ran be found everywhere, from backyards to remote arose far removed from populated areas; any where one can And trade. Likewise, sctivides of the Texas Forest Service an most likely be found across the state wherevtr there are trees and even in many places where trees are scarce. Created 76 years ago to sesure Texans of an adequate supply of timber and to protect the forest resource from wildfires, Insects and diseases, the state forestry ogenty delivers a broad rangd of urvices to Tex" resldenta. The Texas Forest Service provides statewide leadership in good forest stewardship. Personnel with agency field uAlees In East Texas provide forestry expenlu to nonindustrial woodland Owners to help them manage their woodland resources widely. The Forest Resource Development Department In College Station dovelops management assistance programs to add private timberland owners to profitably grow trees, and It also maintains a statewide Inventory of timber growth and removal. It also oupervlees the operation of the pest control laborewryin Lufkin and urban forestry efforts across the state. Pest control research focuses on prompt detection and control measures for forest posts, such u the southern pins bootie, oak wilt, cone and dud Insects and town ants. Help with urban forestry planning and problem-solving and research on better tree species end vorletlss for metropolitan arw Is provided by the agency's urban foresters. The Reforestation Department includes the Forest Genetics Laboratory, the Cooperative Trot Improvement Program, the Arthur Temple Research Center, the Magnolia Springs good Orchard and the Indian Mound Nursery, The sgency also Is mcogniesd arroes the state for Its badorshlp and training in Are supprdseion tactics and emergency response coordination. Also through Its Fire Control Department In Lufkin, the agency coordlnata -IN the Rural Community Fire Protection (RCFP) program, a federd-ataw cooperative program which pruvldeo cost, M sharing aid w rural Are dopartmento for purchasing firefighting equipment and protective clothing. The RCFP program has helped place over 1,800 truclu, foam unite, water pumper units and communications equipment with VFDs across the state. Rural fireAghters haw purchased over 6670,000 worth of protectivt clothing and firefighting equipment at dlutiunt prices through the RCFP revolving Fire-Safe Fund, The West Tox" nursery near Lubbock products containtrlted windbreak uodllnife, and foresters at the nursery assist landowners with windbreak establishment and are. Technical Fusistanrs to consumers and to the wood products Industry is provided by the money's Forest Products Lab, One of the lab's primary gala is continuing education to prmacte the most otfoctlve use of the forgot and wood resources of Texas, Lab personnel evolusts the offdotiventm and durability of commercially available paints, preservotives, stalm and finishes on wood for their effoctiveneso at extending the useful life of wood and wood products. Lab researchers work to Improve wood utilitation through development of now market for products from tree species, such so mesquite, paean and other hardwoods, which currently have Bmlted { commerdal value. studies of alternative wood products such as shiltake mushrooms and pinyon pins nuts are or -going. Thanks to lab research to develop and test now products and wood utiliution techniques, pralsure• treated, tapersawn pine shakes are now being produced and marketed so a longer luting dtemadve to cedar routing. N. I 7h~ 32 x~n now a~waur~ 0 cr, loc. name cir, fit, Nor, Index data (Co.) ARAM Ailanthus altissima (Nil.) Swingle 76" 40' 40' 126 1063 Comal Owner! Kathy T. Thioloman, 411 Marrlwoathor, New BraunGls, TX 78130 !'ALDER. HAZEL Alnus serrulats (Ait) Wild. 14" 87' 24' 57 1985 Jasper Owner: Tsmpb-Inland, Inc. P. 0. Drawer N, Wall, TX 76941 eeALLTHORN Kooberlin(s spinosa Zuce. 25" 13' It 42 1960 Upton Owner: Mary F. Driscoll, 912 Bodfard, Midland, TX 70101 1e Owner Kosbertinla epinosa Zucc, 26" 11' It 41 1989 Starr s auriclo Gara ill, Good Luck Ranch, 403 E. Hidalgo, Rio Grande City, TX 78882 !ANACAnrM Cordia Wevieri A. D0. 60" 25' 4r 97 1990 Hidalgo Owners Virginia Polfus, Rt. 9 Box 1860, Mercedes, TX 78610 Ehretis twua (Tehran 3 Borland) I.M. Johnot. 178" 47 46' 229 1083 Boxer Owner: Plana Ban Antonio Hotel, 655 So. Alamo, San Antonio, TX 78206 ems ! Fraxinus berlandiorana A. DC. 218" 61' 75' 295 1900 !Hidalgo Owner: Anse mo UM Rt. 9 Box 100E, Mercedes, TX 78570 ASIL GREEN Frudnus pennsylveNts Marsh. 149" 101' 6A' 264 1986 Wood Owner Little Sandy Hunting A Fishing Club, 6011 McKinney Ave., Dallas, TX 78208 4ASK TEXAS Froxlnus texensis (Gray) Barg, 64" 68' 47' 139 1989 Sanders Owner: Last Maples State Natural Ara, Station 0 Routs, Vanderpool, TX 78866 ARIL VELVET Fraxinue veludna Torn. 74" 85' 78' 179 1976 Preddlo Owner Diamond A Cottle Co., P.O. Box 1000, Roswell, NM 88201 AML WHrM Fraxinus americans L, 207" 104' 81' 931 1976 Tyler Owner: Southern Timbergrowen Association, 0826 Katy Fwy, Houston, TX 17024 ASPEN. QUAKING Populus tremuloldes MIchL 47" 44' 24' 97 1982 Brewster Owner: U.S. Department.of the Interior, Big Bend Notional Park, TX 79834 BALDCYPB&S Taxodlum dlstichum (L.) Rich. 417' 110' 100' 862 19701 Real owner: Seven Bar Ranch, J.J. and W.R. Surdltt, P. 0. Box 668, Leakey, TX 76871 US 11'axodium dlstichum (L.) Rich. 417 116 g0 848 1900 Hardin Owner Dr. It, A. Hooks, P. 0. Box 667, Kounus, TX 77646 BA[.DC1PRBtl4. MONTEZVXA Taxidlum mucronatum Ten. 922" 46' 74' 286 1970 Hidalgo Owner: Orton k Brand. Inc., do Wayne Showen, P. 0. Box 1840, McAllen, TX 76602 ~ . ORARMA Velletta parvifolia (Cray) Bonth. 18" 84' 95 58 1088 Hidalgo ot Owner; Rio Grande Valley NWR, Rt. 2 Box 204!4 Alamo, TX 16616 Wis. carollydans Mi11. 111' IW 46' 225 19701 i411 es Owner even arch, J.J. and W.R. Burdit4 P. 0. Box 666, Iwakey, TX 76618 Bd1YBFkRY. BOVtHLgy Myna cerlbra L. 22" 97 21' 49 1976 Hardin ' Owner: stun' Conservancy of Texas, Inc., 860 Maverick Walk, W. 200, Ben Antonio, TX 78298 BEECtL SJU Fagus grandifolia Ehrh. 160" 102' 66' 290 1971 Sabina f Ownx: USDA Forest B"ce, Ssbins N!, P.O Box P, Hemphill, TX 16048 BIRCIL RIVER Betuls mgrs L. 98" 90' 84' 200 1076 Cud ~ Owner: $.L. Fuller, 2266 Angelina Dr, Ulbom, Georgia 80241 'Co champlon for largest Texas trso honors 25. 'l5 0 32XI❑ :axa.re • 0 ,issue cn loc. name cir, bt son Index dots e Pithecslloblum lledcauls (Btnth.) Coult. 187" 40' 87 103 1090 Hidalgo Owner ac t C dws , 706 Lindberg, McAllen, TX 78601 BLACIMW, RUSTY Viburnum rutidulum Rat. 29" 30' 27' 66 1990 Ban Jaciab Ownert USDA Forest Service, Sam Houston Notional Forest, 808 N. Belcher, Cleveland, TX 77327 OBLUEWOOD Condolia booked M,C. Johnst. 77" SO' 2d' 114 1980 Hidalgo Owner: Hidalgo County Irrigation District 0,311 W. 4th, San Juan, TX 76569 VQX=ZR Ater Mgundo 1.. 127" 45' Be 188 1970 Camp Owner: n, R.L. Johnson, Pittsburg, 7X 76686 BRUSH-HOLLY Xylooma nexuooa (11,B)L) 0. Ktsv. 10" 13' IF 27 1989 Cameron Owners Fleet S. lwnts, 700 Kane", Mercedes, TX 76870 BUCKM, OHIO Aeeculue glabra Willd. 21" 90' 22' 47 1070 Houston Owners Mrs. Ruth Ballow, 914 Houston Ave., Huntsville, TX 17340 eBUCIflSYB. TEXAS Aeeculus glabra var. arguta (Buck1.) Robins. 61" 30' 24' 87 load 0111e1ple Owner: Bob and Lou Ellen 07fannon, McOinlty Ranch, Does Rad, Harper, TX 78631 6B L1A" GUM Bumoba lanuginosa (Mic)ut.) Pen. 93" ad 66' 190 10780 Robertson Owner. Mrs. E.G. Marsh, 301 Helen Dr., Deer Park, TX 77638 BU`,MNBUSII Cepbalsnthus aceldentalls L. 60" 13' 20' 68 load Oilleopie Owner: Bob ant Lou Ellen O%onnon, McOlnley Ranch, Dose Road, Harper, TX 76831 CAMPHOR •1REI; Cinnomomum camphors (L)J.S. Pruel 166" or 40' 445 198211 Hidalgo Owner: Hinojjos Development Co., 108 E 10th Street, Mercedes, TX 78870 CATALPA Nth a Catalpa spodooa Warder ox Engelm, oil, 64' 6d' 298 1986# Wood Owner: ~Y C. Holder, Ott, 4, Winnsboro, TX 76404 }'ATC[r1W QEi CQ Acacia greggii Croy Be" 38' 34' 108 toed# Uvalde 1 Owner CA 1COaniel, Mirssol Ranch, Bas 301, Uvalde, TX 16801 l e ORMER Acacia roomeri" Scheele 28" 17' IV 41 1978 Comal thvnm n. Rosalie M. McClure, Star Rt. 9, Sam 268, New Bnundla, TX 78623 ICATCLAW, WfUGHT Acacia wrightil Benth. 72" ad' 4r 119 loll Uvalde Owner Jae 0. Smyth, Boo. 1400, Uvoldo, TX 76601 •CHASTETREE• COMMON Vitas agnus•astus L~ 01" 19" 41' 120 1990 Bazar 1 Owner: AtrMony Docedade, 143 Furr Nye, San An tonlo, TX 78228 e !CHERIIY.ESCARPMENT Prunus urouna vu. oxford, (Small) Uttlo 64" ON 40' 139 1089 Bander, . Owner: S spies state Natural Area, Station 0 Routs, Vanderpool, TX 16863 CliB1l1NU'1'. AMERICAN Castanet dentate (Mush.) BoAkh. ON, 71 Be. tell 1014 Red River Owner: A Beaty, 3020 Lamar Are., Parts, TX 76460 CIUNABU Mella mdorach L. W 76' 63' 107 1078 Tyler 1 Owners Mrs. O.L. Skinner, Warren. TX 77644 ' Castanet pumila 14111, or 27' 38' 64 1000 Montgomery ALLJCCIIM Owner: Toss Forst Service, Jonas State Forest, Rt• 7, Box 181, Conroe, TX 77384 ulus dettoides Bortr, so. Man& 672" $0, 100' 477 1214 Bandtre nut eke 809- ( blrin SIY Sanders TX 7e009 AZSCTA Populus hemondi var, meet!" 100" 60' d0' Cab 1063 Brewster Owner 8. Department U the Interlor, Big Bend National Ptak, TX 79834 26o 2SX10 32x10 C Ih , :vnaee► cr, loc. name clr, ht. sor, indet data (Go,) C PLAIN Populus deltoides vat, oocldentalls 244" 67 90' 860 1980 Lipscomb wner: Greg and Tod YauO, P. 0. Box 164, Darrousett, TX 79024 IMMONWOOD, RIO ORANDE Populue aemontli Yet. wialixenl Wets. 347' 110' 127' 464 1076 Jeff Davis Owner: H.E. Sproul, Fort Davis, TX 79734 COYOr= KCarwlnekla humbolddans (RAS) Zuee. 10" 26' 17 48 1990 Hidalgo Owner: Valley Nature Center, 801 S. Border Are., Wealam, TX 78698 CRAPEMYRTK.B, CQMMON l.argeretroemia Indies L 7l" 41' at 129 1010 Jasper Owner Mn. W.B. Bridges, RopnAlls, TX 75071 g3aa 8, ARIZONA Cupneeus vlsonics Grsens 134" 119' 82, 964 1982 Brewster Owner: Department of the Into do?, Bib Band National Park, TX 19934 Cyrilla recsmillors 1., 9" 91' 20' 86 1976 Hardin Owner: Nature Conservancy of Taxes, Inc., 360 Maverkk Walk, Ste. 200, San Antonio, TX 78205 Dsyn,~e Aralle it Inom L 90' 44' 14' be toed Jasper Owner Albert B, tole, Jr, Box 16, Woodland Park, CO 60863.0216 GWOOD, PLO HINQ Cornut flodds L. 70" 27' 39' 107 1989 Austin Owner: M. P. Wlbun, P. 0. got 244, New Ulm, TX 78950 DOGWOOD. ROUOIiI.EA1 Comus drummondil OA. Meyer 13' 28' 20' 40 1976 Karr Owner John E. Galley, P.O. Box 1348, FArMlle, TX 78098 E UL ANXKKICAN Ulmer smericana L. 230" 07 106' 843 1980 Cherokee Owner: Alyson and Joe Ferguson, P. 0. Box 1488, Jacksonville, TX 78760 ELM CEDAB Ulmus ereuifolls Nutt, 77" 6s' 72' 176 1000 Hidalgo Owner: Mrs, E. R. McAdsms, 1707 Miter Ave,, Mission, TX 78879' ELK SIBERLIN Ulmus pumils L. 173" 64' 78' 946 1987 Potter Owner: Strict Watkins, 609 Emit 76, Amarillo, TX 79101 k!• ni ff F ERF U rnus rubs Muhl. 108" 90' 77 910 1971 Robertson Owner avid ltolke, St. 9 Box 800, Franklin, TX 77666 ELK NAjEjj Planar,, squatics J.F. Grae1. 121' 86' 66' 171 1076 Houston Owner, SDA Forest Service, Davy Crockett MY, East Loop 304, Crockett, TX 16695 ELM. NNOE1) U1mus Beta Mlchx. 190" 64 01' 907 10M 1*06 Owner: Charles McMkhen, Nntervllle, TX 76833 r } e r Esenbeckir berlandleri Ball). 87" 24 20' 46 1089 Cameron Owner: xecutor ells unyon Estate, 1364 Coral Court, Brownevlllt, TX 78621 PIG. COMMON Ptcus caries L. 88" 2d ' 96' 62 1971 Jeffareon Owner: Phlllp Pedcons, ISM W. Florlda, Besumont, TX 71706 F11L UQU01.A9 Pseudotsuga mensiedl (Herb.) FYnnco 126' 61' 47 911 1936 Culbereon Owner: Ouadalupa Mountains National Park, Sfax Rt.1 tot 460, Carlsbad, NM 64220 i tr1bf~ VOL Putudotsup mendmiil (Mirb) Franto 116' . 01' 97' 936 1089 ; Qulbersaa , Owner: Guadalupe Mountains National Park, Star RL I Bon 480, Carlsbad, NM 68920 ° [ ' CNonanthus vire:dcus L. T , 91' S4 AS 1076 Hardin Owner Del H Ray Lakey, P.O. BOX 1211, Silabes, TX 77061 0 Rot eorlaces (Pureh) Chapto. 6" i7' It 96 1973 Hardin wner: atuto conservancy or Texas, Inc,, 860 Mavsrkk Walk. Su. 900, Saa AAWn, TX 76206 77. 25 Y,10 32XIO I i o cr, loc. name elr. ht, ror, index date (CO G1NKOQ Oink* biloba L. 111" 71' 47' 194 1980 Smith Owner: City erf Tyler, P. 0. For 2039, Wet, TX 76110 GUAJHJ,Q Acacia beTlandleri Benth. lA" 16' 12, so 1969 Start Owner: Albert &hwarte Ranch, P. 0. Box 1469, Mercedes, 7% 78570 HAM Colds occidentalls L. 191' 67 68' 460 1987 Rusk ' Owns: Bandon Whlttlnpton, Rt. 2, Ben 216, Overtca,'1%78684 Celtla lindheimeri Enplm, at K Koch 72" 43' 46' 127 1976 Comal Owners Eddie Ftik err, TX 78023 eHAWTHORN. BARBBRRY Cratutue berbedfoUa Torr. i Gray It, 17 18' 27 1982 Angelina Ownari USDA Forest someoo, Anplina N.F, P.O. Bog 766, Lufkin, TX 16001 eHAW780RN. Bt,S~RRBY Cratugw brachyaaantha Beg. S Enplm. 78" 56' 40' 121 1673 Wmeon Ownort Long ornn AArmy Ammunition Dep(A Marshall, TX INTO ~(Cratasjui vWdis L 17' or 26' 60 1990 Dallas Owners E ward cts, 4144 Cochran Chapel Rowel, Dallas, TX 76200 '*4jWTHORN. UT=" Crstugus spathulata Welts, 22" 33' 80' 83 1080 Sabine Ownst: USDA Forest SoMce, Sabine NY., P.O. Box F, Hemphill, TX 76948 HAWTHORN. MAY Crew" asetivalis (Walt.) Torr. S Gray 314 43' 19' 7s 1982 Anpline Owner. USDA Forest Service, Angelina NY, P.O. Box 786, Lufkin, TX 16901 HAWTHORN. PAHH= Crateegus manhallil Eggi. 17" 23' 19' 46 1062 Tyler Owner: 1A nit Barnes, 13001 Adlong &hool Rd., Crosby, TX 71532 H l 7enthoxylum clova•hercuBs L. 60" 61' 48' 108 1986 Jasper Owner: Edwin Sitton, Rt. 6 Bar 3, Jasper, TX 78961 HICKORY, SM. Carya eordiformis (Wangsnh) K. Koch 1S3" 129' 10' 280 1975 Tyler Owner. I.C. Eason, Star Rt. 1203, Silsbee, TX 77686 WERY. BLACK Carya taxana Sucid. 1034 186' 66' 265 1079 Sabine Owner: 8DA Forest Berv1N, Sabine NY., P.O. Bog F, Hemphill, TX 75949 HIV&V'. MOCK11 NVt Carya tomentou (PolrJ Nutt. 108" 116' W 236 lobs Polk Owner Nabema•Couehatta Indian Reaervstion, Livingston, TX 11831 tuc~Q1 Q C" myrMcIformis (Midas:. f.) Nutt 111" 118' 66' 243 1960 Franklin 1 Owners E. Ottinpr, 104 Eighteenth Ave. North, Tema City, TX 71800 A _ Carya glabrs (Mill.) Sweet 97' 130' 71' 240 1983 Sabing . Owner: emp a nland lney P.O. Drawer N, Diboll, TX 76941 HICKORY, SHAOAB~ Carya oveta (MIL) K. Koch 123" 101' A7 440 1988 Duper Own+rt 8 A Forest Service, Angelina NY, P.O, Bog 7AA, Lufkin, TX 78901 ' WIC Carya aquatics (Michx. 0 Nutt. 133" Its, 76' 286 1973 Harrtemt Owner: nghom Army Ammunition Depot, Marshall, TX 76074 ' HOLLY (Beg opera) 1324 84' 49' 106 1962 Wood Ownerr"Orry and Shlrley Cavinass, Rt. % Bat 48, Wlnmb*m TX 76404 ' Oleditda trlecentha L. or 97 6d 902 1076 Montgomery `--J 11100nar: Iche1 a Mltcho, Fos WAS, Magnolia, TX 77388 j(ONKYIACUSI',TI1XASOledita(aX!wars". 814 112' 47 904 7988 Polk Owner=aoama Coushatta Indian RNeNStion, Rt. I Bog 640, Livingston, TX 17861 28, 32 x a 1 M f cr. t«. ~ • nun! c{r, ht, ear, ndex dab (Co.) •HQPHO Ntrya ehieosensls Correll 26" 37 24' 88 1983 Browsbr Ownore -f S ~epartmont of the Interior, Bib Bend National Park, TX 70834 H0PH0RNBEAIt1.1ZAt3'FERN O•trya virgirdans (Mill.) K Koch $6" or or 11t 1987 Sown• Owner; USDA Forest Service, Sabine National Forest, P.O. Box F, Hemphill, TX 75946 HOMEAM"AMERICAN Carpinue coroliniana Walt. 60" 49' 40 121 1070 Newton ' Ownen Texu Department d Highways and Public 44aneporbtion, Newton, TX 78986 +HUISACHE Acacia farneslans 1L.1 Wiltd, 181" 80' 48' 203 1089 Atawosa Owneri Atascou County Sheriff Department, P. 0. Box 395, Jourdanton, TX 78026 Parkinsanls sculoata L. 42" 33' 28' 82 1084 Hidalgo Ow~nerl to, Oil dy% Donohue, P.O. Drawer 400, Penitas, TX 78576 *J10, COMMOI Zidphu@Ugba Mlli, 68" 43' 34' 110 1969 Tarrant Ownsn Fort W-ortF Botanic Gardens, 3220 Botanic Drive North, FortWorth, TX 16107 AL Junlporus deppeana 8teud. 204" 24' IV 233 1988 Cutberoon Ownen Ouai ups F ountu„e National Park, Star Rt.1 Box 480, Carlsbad, NM 88220 VIOL Own•r Juniperue Imhof Buchlle 116' 38' or 182 1071 Comal l Mrs. Frod Krause, SW Rt. 2 Box 399, Fischer, TX 78823 'JUNIPER. 0OPIN0 Junlperus flacc{da &hlaclr4 102" VV' 85 168 1082 Brewster Ownen U.B. Department orths lnbrior, Bib Bend National Park, TX 79834 'JU 1PER. MNCHOT Junipsrus pinchotil Bud*. 142" 93' 27' 112 1977 Brewster Owners Texas Department or Highways toll Public Transportation, Austin, TX 78763 JUNIPER IiOCI~ NJunlperus ecopulorum Barg, 109" 36' 86' 164 1089 Culb•roon Ownan Ouadalnpe ounwno National Park, HC60, Box 400, Salt Flat, TX 79847.9400 lshyg P Prunus earolWana (Wil) Ale, 122" as, 48' 170 1964 Harris Owner: Tuu arks i Wi re Departmen% 4400 Smith Scholl Rd., Austin, TX 78144 ',~,~FtOVAT UUMAInt pulyralente (Schlacht) B•nth, 149" 47 48' 903 1980 Hidalgo Owner: •tty f oopingam•r, Rt, 1, Box GOB, Alamo, Tx 76316 +J~UCAENA LILTI.ELEAI 1.•ucwna rrtuu Borth, 83" 21' 26' 81 1068 Terh11 Nominator. Frank T. CalloUr., 6046 Foley Lane, Central Point, Oregon 97802 10NUMVlTAE Gualocum angustifolium Enp1m. or 28' 22' 14 1076 Hidalgo Owner; Santa Ana National Wildlife Refuge, Rt. 9 box 202A, A1smo, TX 78816 A !j~ Zidphus obtuoifollt (Hook. ex Tort, i Gray) 14" 14' 9' 80 1980 Hidalgo • Ownenl Mrs. Float S. Lents, P. 0. Box 433, Marce6s, TX 78670 , ' ~ox~..7 F XAS Arbutus toxana Buckl. 112" 87' 42' 185 1082 Brewster eri VS. Department of the Interior, Bib Bond National Park, TX 79834 'MAGNOLIA. P1f1tA8i112 MAbnolla pytanddsb Beaty. 88" 37 32, 132 19691 Newtms j Ownel Newton Lumber Co,, Newton, TX 15066 `i RAgU011A. oMrgnalla gr. ndiAon L. 104' 117 46' 817 1986 Jasper wriel- ulelant PsciAe, P.0. Bat 730, Jasper, TX16061 •r grandldentatum Nutt. go" BM 44' 160 1069 Ilmdera Ownekit Maples State Natural Area, Station C Routs, Vanderpool, TX 78865 Map .RIB A Acct btrbatum Mlchx. 107" 92, or 216 1983 Jasper Ownar, Carley Puckett, 6321 Scottsdale 11r., Fort Worth, TX ?6119 29. 5 10 31x II i 0 ' o r cr. loc. name tir ht %or index dab (Coll RXD Acer rubrum L. 112" 10' 78' 202 1989 Jasper Owner Tempbdnland Foreets, 220 N, Bowie, Japer, TX 76981 MAPLE. SILVER Acer saccharinum L. 167" 81' 61' 249 1971 Bowie Owner: Tommy Thompeon and Jack Campbell, 4 Watlington Dr., Texarkana, TX 76801 MAPLE. SUGAR Aar owhatum Marsh. 84" 106' 64' 203 19691 Polk Owner: Alsbsrnat-oushatia Indian Reeervatlon, Rt. 9 Box 840, Ldvingston, TX 77961 sltfEAQ HONEY Pracpic glandulcea Tarr. 1620 67 11' 222 1984 Real Ovmer: &mi s Hinnant, Box 691, Alice, TX 78920 I~jProeople pubeeane &nth. 99" 97 36 78 1969 Brewster caner , 11, Department of the IInnterior, Big Bend National Park, TX 79634 • Prosopis pubomne Benth, 33" 26' 40' 73 1989 Brsweter Ownsn U.B. Department of the Interior, Big Vend National Park, TX 70834 Broueson"a papyrifera (L) Vent. lea, 27' 87 900 1973 Wood Owner: Mn, Cathay, 108 Stephens BL, Quitman, TX 76783 MULBERRY, RED Mores rubra L. 171" 41' 60' 226 1977 Dallas Owner: Unknown sMULB RAY. 1 Morus mlerophylla Buckl. 22" 25' 97 68 1072 Kerr Owner; John 0 ley, P.O. Box 1946, XsrMile, TX 76028 i Morue as L. 940" 36' 36' 266 1976 Wilbarpr Owner: Western Motel, 716 Wilbarpr St., Veman, TX 76964 'OAK. BD RW Quercue durandil vu. brevllaba (TmJ Palmer 83" 40' 44' 134 1088 Dickens. Owner. Homan Hughes, Star Route, RooAng Springs, TX 79266 OAK" BLACFG Quercua merilandlca Muenchh. 143" 61' 6o' 907 1078 Smith Owner Bel Meadows Ranch, Leroy Bell, Rt. 9 Box 61, Undale, TX 76771 s J~( Quercus Incana Bartr. 60" 84' 28' 161 IOU Cherokee Owner i 1; Stockton, 8009 Gilmer Rd., Longview, TX 76604 QALUg Quercus macroc" Michx. 962" If 106' 964 1966 Cooke Ownstn U.S, Army Corps. of Engineers., DeNeon Dun, Rt. 4 Box 493, Dordson, TX 76020 QAK. CIDEIU TQuerrus West& var, pagodifolla Ell 228" 98' 112' 862 1014 Mauls Owner: Me1rSn 1 i ton, RL 1 Box 198, DalnprEeld, TX 78638 Owner Quercut graclllformL C.H. Muller 66" Of 36' 140 1082 Brewster • .S. Department of the Interior, Big Bend National Park, TX 70834 OAK. CDC Querew muehlenbergil Engelm, 171" at' 88' 279 1970 Newton Owner: Wallace Herrin, Rt. 2 Box 160, Newton, TX 78066 ' Quetcus stellsta vat, paludou SUN. 118" 108' 66' 240 tg8n Wood ! Owner the Sandy Hunting & Flehing Club, 6011 MCWnney Avo., Wes, TX 78206 OAL DURAND Qusreus.durandilBuckl. 146" 70, if 936 1960 VIC(aria Ownert City of Victoria. Parks A Rweetton Department, 480 McKnight Drive, Victoria, TX 17901 Q 0M smuryi Tort. 68" 70' b6' 172 1989 Brewster Owner: Ig Bend National Park, TX 79834 11OAL 0RAVEa Quetcus gnveeii Suew. 143" at, 41' 906 1016 Val Verde Owner: Amistad Recrestlon Area, National Park Service, Del No, TX 78940 30. 7h yC 32x10 O The largest known tree in the state a baldcypreas tree located on a ranch near Leakey in Reel Cour iy nanuwly fended off a challenge from ! 1 s a baldcypress tree near Kountzi Obtaining accurate measurements of - both trees proved quite difficult. v r . ~ 1 Measuring these trees was cempliwted by establishirg the four and a half foot level above ground. For trees located an slopes, AFA defines Sl ' ground level as the mid slope position, rather than either the high or low ' t sides of the tree, On trees with buttressed trunks even an Inch difference in measurement level can make several Inches difference in trunk' i circumference. The Hardin County tree has a fluted and buttressed trunk, the base of which was under water fur much of the spring. The Real i ' County champion stands on a slight slope, the midpoint of which differed somewhat depending on which aide of the tree one stood. uti Tha Hardin County tree wea measured when the water level dropped It enough to permit average ground level to be more accurately determined. Three different measurements of the Reel County champion's circumference were taken from mid-elope positions on both sides of the tree and from a level on the uphill side. The midrange measurement was adopted es the official circumference. Given the margin of error inherent In measuring the site of these two s large baldcypress trees and with the state's largest tree tide at stake, en exception was made this year to the normal practice of not recognizing co. champions at the state level. The (ferdin County tree ham thus Ewan included in the registry as the co-champion for Ingest tree In the state honors. Berth trees obviously have benefited frum their buttressed trunks in the contest far the largest state tree honors, Charnpi )n trees cume in all mires, since trees only have to compete agoin.t their awn kind for the champiuoslLip of their species. Co-champion beldcypress near Kountte l `c r i ~ r h t s i.>yy ic a t,~tf'T~ a , t1w.11 New c ampion black tupelo New champion rwty bloc aw 31. , "ART • VANN= O cr. loc. teams dr. ht. tor. Index data (Co.) "OAK, GRAVES Quarcus gravesil Sudw. 154" 47 47 206 1982 Brewster Owner: US. Department of the Interior, Big Bend National Park, TX 79834 ►'GAIL GRAY Quorcus ease Liebm. 75" 60' 48' 137 1983 Brewster Owner: US. Department of the Interior, Big Bend National Park, TX 79834 ►OAK+HAVARD Quorcus havardil Rydb. 40" 5o' 23' D6 1972 Yoakum F Owner: Texas Department of Highways and Public Transportation, Plains, TX 76355 'OAK" LACHY Quercus glaucoades Mart. k Gel. 107" 68' 96' 189 1988 Blanco • Owner: Mrs. Edith McAllister, P.O. Box 126, Spring Branch, TX 78070 OA'L LAUREL Quercus laurifolia Michx. 154" 96' 85' 268 1990 San Jadntc Owner: Eddie Lea Davidson, P. 0. Box 672, Porter, TX 77365 O LIVE Quorcus v(rginians Mill. 422" 44' 89' 488 1967 Aransas Owner: Goose Island State Park, Texas Parks k Wildlife Dept., &,x 105, Rockport, TX 78382 OAK. McNAB Quercue stellsta X olnusta var. brevilobe 147" 62' 86' 231 19794 Dallas Owner: Mr. do Mrs. Ingram, 1329 South Belthne, Mosquito, TX 75149 OAK MEXICAN BLUE Quercus oblongifolis Torr. 59" 28' 20' 92 1976 Preeldio Owner: Diamond A Cattle Co., P.O. Bar 1000, Rowell, NM 88201 'OAR. NETLW Quercus rugosa Nee 84" 38' 36' 13l 1983 Brewster Owner: U.S. Department of the Interior, Big Bend National Park, TX 79834 OAK. OVERCUP Quercus lyrstA Walt. 179" 150' 95' 353 1986 Wood Owner: Little Sandy Hunting 6 Fishing Club, 6011 McKinney Ave„ Dallas, TX 75205 OAR POST Quercus stellate Wangenh. 192" 85' 77 295 1887 Houston Owner: Melvin Carpenter, 125 21st Avenue N., Tex" City, TX 77590 ~K BIiIJMARD Quercus shumardii Buckl. 182" 120' 97 $25 1968 Polk Owner: Alabama-Coushatta Indian Reservation, Livingston, TX 77351 OAR. SOU'17IERN RED Quereus falcate Miens. 246" 87 95' 351 1990 Shelby Owner: Mrs. Lydia Jean Alford, Rt. 2, Box 180, Joaquin, TX 76964 OAR, !!AMP CHE6tTMJT Quercus mlchauxil Nutt. 240" its, 100' 383 1970 Newton Owner: C.T. BWK*, 311 W. Olive, Jasper. TX 76951 'OAI{sTEXASL_ ff Quercus virginiana var. NAf,-m'e (Smell)Sarg, 277" 67 99' 363 1988 Real Owner: Mrs. Ere 8anderlln, P.O. Box 189, Knlppe, TX 78870 n ►4OAR" VASTY Quercus pungene var. vueyana (Buc►1J C.H. Muller 45" 48' 47 103 1982 Brewster • Owner: U.S. Department of the Interior, Big Bend National Park, TX 79834 ►'OAR. VASEY Quorcus pungens var. vaseyana (Buckl) C.H. Muller 61" 39' 37 88 1976 Val Verde Owner: U.S. Department of the Interior, Amlead National Recreation Area, P.O. Box 420361, Dal Rio, TX 78842 OAR. WATER Quercue nigra L. 186" 146' 85' 363 1988 Wood Owner: Little Sandy Hunting k Fishing Club, 5011 McKinney Ave., Dallas, TX 76205 OAK. WHITE Quercus sibs L. 200" 102' 77' 321 1969 Newton Owner: Dewey Oo y, 127 Morgmear Dr., Fairfield, CT 06430 ' OAR. {gFl.it4tfi Quercue phollos L. 20. 0o' 107' 328 1984 Smith Owner. East Tex" Canter Development Co., Rt. 1, Box 293, Tyler, TX 45708 / of IVIt. ALWMN Elssagnus "Custifolia or 30' 39' 131 1080 Lubbock Owner Sunset Church of Christ, 3723 34th Street, Lubbock, TX 79410 32. . x 10 32xIO 0 cr. loo name cir. ht. sor. Index data (Co.) OBAGE•ORANOE Mulure pomifers (Ref.) Schne(d. 196" 40' 80' 266 1970 Bowie Owner: Joe Mahone, 300 Pmt, New Boston, TX 75570 'PALM, TEXAS BASAL Sabal texana 62" 45' l8' 112 1989 Hidalgo Owner. James and Dorothy Robinson, 602 S. Ohio Avenue, Weeieco, TX 78696 PALMETTO. CABBAGE Saba] palmetto (Walt) Loddo as JA&J.H. Bob ult 30" 25' it, 68 1989 Hidalgo Owner: Alamo Bank of Tuts, Alamo, TX 76516 'PALMEM. DWARF Sabel mina (JaogJ Pere. 43' 2T IV 74 1979 Sruods Owner: William A. Bllv4ns, Rt. 3 Box 437, Brator(a, TX 77422 'PALMETTO. MEXICAN Sabal mexicana Mart 41" 49' 17 93 1971 Cameron Owner. The National Audubon Society, P. 0. Box 5062, Brownsville, TX 78523 ePALOVERDE. TEXAS Cercidium Wmanum Gray 68" 23' 35' 90 1989 Cameron Owner: L. M. B. Carporstlon, P. O. Box 693, Misaion, TX 78572 ePARASOLTREE. CHINESE Ftrmlana simples (L.) WY. Wight 80" 68' 40' 148 1972 Tyler Owner. Thomas McClure, 306 N. Magnolia, Woodville, TX 75979 PAWPAW Asimina triboba (L,) Dunal 12" 29' 15' 45 1979 UnAugust. Owner: U113e Buckner, Rt. 2, San Augustine, TX 75971 PEAR Pyrus communis L. 105" 37' 2T 149 1972 Cum Owner: R.A. Maxie, Rt. 2, Linden, TX 77563 PECAN Carya Illinoensla (Wangenh.) K. Koch 230" 90' 112' 348 19671 Parker Owner: Malbrty Oglesby, Weatherford, TX 76068 "PERSIMMON. COMMON Dioq" virgW ena L. 146" 60' 68' 221 1972 Leon Owner: unknown ePERSQl[MON, TEXAS Diospyros texant Scheele 67" 26' el' 101 19651 Uvdde Owner. Sam Barkely, Old Eagle Pau Rd., Uvdde, TX 76801 PINE, ALEPPO Pious halspend1 42" 65' 44' 116 1989 M Pua Owner. City of El Paso, Parks k Recreation DepL, 2 Civic Center Plate, El Peso, TX 79901 PINE. LOBLOLLY Pious teach L. 187" 137' 67 $07 1983 Rusk Owner: Christine Langston, Rt. 1 Box 78, Carlimon, TX 75848 PlIST, LOBLOLLY Pious tude L. 168" 132' 86' 307 1989 Houston Owner: USDA Forest Service, Davy Crockett N, F., East Imp 304, Crockett, TX 76836 aN{NE. LONGLEAF'Pinus paiuatris Mi11. 94' 105' 47 210 1989 Polk Owner: Mabeme-Coushetta Indian Reservation, Rt. 3 Box 640, Llvingmton, TX 77361 r PLN"R. PONDEROSA Pinum ponderosa Dougl. ss Lews. 110" 106" 48' 227 1982 Brewster Owner: US, Department of the Interior, Big 89nd National Park, TX 79634 I PINE. SHORTLEAF Pirus ec}dnata Mill. 148" 90' 64' 252 1990 Sodth Owner; Llndale Fishing and Hunting Club, P. 0. Box 1431, Lindde, TX 76771 # I PLYE. SLASH Nnus dllottil Engelm. 88" 114' 47 212 1986 Casa Owner Richard C. Latham, 3625 Ceder Springs, Dal1u, TX 76219 pE SOU'~'H~'E~TERN_VV_HrM Pious otrobifotmis Engelm. 108' 85' 37 201 1985 Culbertson Owner. OuedaIups MouMaine National Park, Btu RL 1 Box 480, Carlsbad, NM 88220 / gDrO Pious adults Engelm. 71" 40' 89' 111 1978 Hudspeth Owner: Nelson Pustt, P.O. Box 9038, Austin, TX 78786 33. r 2f) K 10 37_x10 riY.. 49 cr. loc. name cir. ht. son index data (Ca.) 'PINYON, MDs7LiCAN Pious combroldos Zuec. 111' 66' 44' 188 1982 Brewster Owner U.S. Department of the Interior, Big Bend National Park, TX 79834 'PISTACBE, TEXAS Pistacia texana Swingle 51" 39' 46' 102 1976 Val Verde Owner. Amietad Recreation Area, National Park Service, Del Rio, TX 18840 PLUM" CHICKASAW Prunes anguetifolia 23" 18' 28' 48 1969 Lubbock Owner. M/M Jay Mitchell, 4820 Seth 3t, Lubbock, TX 79414.2736 'PLUM. MEXICAN Prunes masieans Wets. 60" 26' 86' 95 1981 Dallas Owner. Mike Meech, 416 S. Wildwood. Irving, TX 76060 PLUM. WI1.I3.0008E Prunue munsoniaaa 23" 37 20' 66 1990 Dallas Owner: Florence Lewis, 4737 Shadywood We, Dallas, TX 15209 PONpCYPRE88 Taxodium diedchum var, nutam (Ait.) Sweet 60" 45 30' 113 1982 Box" Owner: City of San Antonio, P.O. Box 9066, San Antonio, TX 18285 P095tM10AW nex detidun Walt. 14" 81' 24 61 1986 Lee Owner. L.F. Clark, Jr, Rt. 1, McDade, TX 78660 PRICKLY-AML LIME Zanthoxylu"a fagara (L.) Sarg. 18" 16' 30' 41 1976 Bee Owner: J.L. Beck, 202 W. Jones, Beeville, TX 78201 REDBAY Persea borbonia (L.) Sprang. 116" 57 MY 180 1978 Montgomery Owner. Camp Straka Bay Scout Camp, Conroe, TX 77301 REDBUD, EASTERN Cercis cansdena(s L. or Be 28' 114 1984 Jasper Owner: Robert A Jane Pace, 300 So. Wheeler, Jasper, TX 75951 •RPJ)Hl1D, TEXAS Cerels canadensls var, tennis (Wats.) Hopkins 57" 3r 41' 104 loss Real Owner: Jesus Rublo, P.O. Hot 232, Leakey, TX 78873 REDCEDAR, EASTERN Juniperus virginfans L. 196' 34' 67 263 1987 Rusk Owner. Joe Futch, P.O. Box 279, Waskom, TX 76892 SOUTHERN Junlperus spicioola (Small) Bailey 61" 76' 29' 143 1979 Halle Owner: Robert A. Vines Environmental Science Center, 8856 Westvlew Dr, Houston, TX 77056 f Sassafras aNdum (Nutt.) Nees 21V 67 57 280 1972 Cue Owner: W.E. Swint, Omaha, TX 76671 'SAFFRON•PLUM Bumslis celastrina H.B.H. 41" 31' 29 79 1987 Hidalgo Owner: Santa Ana National Wildfire Refuge, Rt. 9 Box 202A, Alamo, TX 78618 VEI(HELL.TWO~r Halesis diptem Me 49" 56' 39' 114 1983 Jasper Owner: A rs. Dorothy M. Stine, Rt, 4 Box 1738, Jasper, TX 75951 "SNOIPBELL AMEBDCAN styrax amodeanus Lea. g" 17 15' 25 1962 Angelina Owner: U, 8. Forest Service, Angelina NF, P.O. Boa 754, Lufkin, TX 76901 J "90APHERRY. WESTERN Sapindus drummondil Hook. A Arr. 105" 64' 80' 174 1985 Mclwnnn Owner. City of Waco, P.O. Batt 1370, Waco, TX 76102.1370 • 'SOPJiORA. ME SCALIIEAN Sophora seeurAllon (Oomes Ortega) Lag. ex DC68" 2r 27 102 1983 Carnal • • Owner: William H. Haight 808 East San Antonio St, New Braunfels, Tit 78130 i eSOPHORA. TEXAi4 Sophora afilnli Tam l Orq 80' 83' 30' 101 19700 Real owns: Lode A. Casey, Bax 268, Leaksy, TX 71879 T2XX Vsorlnlum orboreum, marsh. 28' 26' 40' 64 1990 smith tar: 7Ysas~ Paris k vw)daa Dop.rtmenk 1h. 10 Box 1040,1ylsr, TX 76707 34. _r 7 32XIO :erwe~os ' e _ name cir ht eor. Index data (CIO.) SUGARRERRY Colds laevigats Wild. 169" 100' 80' 219 1973 Gregg Owner: J.F. Presley Oil Co., 618 S. Eastman Rd, Longview, TX 75601 *SUMAC. GVERGRELN Rhus Arena Lindh. ex Grey 36" 17 1? 52 1090 Uvalde Owner: Lewis Watson, 1012 Corsairs Cove, Austin, TX 78134 eSUMAC. PRAIRIE Rhus lanceolata (Cray) Britton 45' 27 2T 80 1978 Comal Owner: The Nordan Trust, 711 NBC Building, San Antonio, TX 78205 *SUMAC. SHINING Rhus copallina L. 35" 49' 19' 89 1986 Cue Owner: Charles W. Reynolds, 120 Pebble Beach Dr, Little Rock, AR 72212 SWH:Fs`i'BAY Magnolia virginisna L. 106" 83' 36' 198 1988 Kadin Owner: Big Thicket National Preserve, 3785 Milam, Beaumont, TX 77701 SWEETGUM Llquidambar styrociflue L. 232" 108' 8T 362 1981 Marls Owner: Gary Willeford, Rt. I Box 304, Hughes Springs, TX 75668 SR EE1 AF 8ymplocoa tinctoria (L.) L'Her. 26" 42' 20' 72 1987 Montgomery Owner. Texas Forest Service, Jones Stata Fasst, Rt. 7 Box 161, Conroe, TX 77384 9X-CJ_ ORE Platanus occfdentalls L. 33V 90' 73' 444 1988 Walker Owner: Dr. Albert M. Thomas, 6410 Fannin, Houston, 7% 77030 SYCAMORE, CALIFORNIA Platanus recemoas Nutt. 46" 45' 4Y 102 1978 Bettor Owner. City of ban Antonio, P.O. Box 9068, San Antonio, TX 78286 eTAI1OWTREE Sapium sebiferum (L.) Rash. 139" at, 72, ?08 1987 Polk Owner; Goodrich Independent School District, Goodrich, TX 77335 4-f& ARI91L FRENCH Tamarix gallia L. 104" 65' S9' 174 1089 Brewster Owner: US, Department of the Interior, Big Bend National Park, TX 79834 eTUPELO~BLACK Nyasa 9ylvatlcs Marsh. I90" 106' 68' 312 1990 Son Jacinto Owner. USDA Forest Service, Sam Houston NF, $08 N. Belcher, Cleveland, TX 77327 WALNUT. VV E major (Torn.) Heller 169" It 76' 296 1989 Blanco Owner: Mn. Paul B. Maosdoo, 839 Eikel, Nsw Brounfkls, TX 76130 WALNUT. SLACK Juglane nigra L. 188" 74' 76' 261 198640 Smith Owner: Robert Buford, Rt. 3 Sox 250, Bullard, TX 76767 eeWALNUT,LITMEJuglansmicrocarps. Berland. 160' 60' 80' 230 1980 Denton Owner, Unknown W1ITERLOGM01edits(a squatics Marsh, 84" 63' 4T 139 1012 Madison Owner; R. Clinton Wakefleld, 1624 W. Main, Madisonville, TX 77864 will OW, BLACK Sahx mgrs Mareh. 146" 89' 73' 252 1986 Newton Owner: W.L. Trotti Estate, Rt. 1 Sax 225, Burkeville, TX 75932 aLJ,OW, DESERT CHlopsie linearis (Cov.) Sweet 10" 3T 33' 116 1900 Lubbock Owner: KM W. 0. Massey, 3103 22nd St„ Lubbock, TX 79410 W CH HAZEL Hamamelis virg(niane L. 8" 26' 10' 35 1978 Tyler • q( Owner: Big Thkket National Preserve, 9768 Want, Beaumont, TX 77101 / WFI'CH! HAZFyOZA11I( Hamamalis vernalls Sorg. 6" 19' 19, 29 1968 Jasper Owner: U.S. Forest Service, Anplina N.P, P.O, Box 768, Lufkin, TX 76001 L(rlodendnei tuhrp(fora 146" 106' 69 267 1986 Cue Owner. Char 44 W. Reynolds, 190 ebble Bach De, lJttle Rock. AR 72212 35. } a.5 x I❑ 32x • n cr. loc. name cir. ht. sor. index data (Co.) eYAUPON flex vomitorla Alt. 49" 45' 40' 104 19720 Liberty Owner: B.H. Whittington, Box 661, Dever, TX 17638 I 'YUCCA, CARXEROS Yucca caraeroasna(Trel.) McXi!lvey 51" 25' ]d 79 1977 Hudspeth Owner. Eagle Mining Co., Sierra Blanca, TX 79851 'YUCCA, FAXON Yucca faxoniana Sorg. 91" 18' V 111 1990 Hudspeth " Owner: Nelson Puett, P. 0. Box 9038, Austin, TX 76768 'YUCCA" TRECLL Yucca treculeana 24" 30' 9' 66 1990 Cameron ' Owner: Lower No Grande National Wildlife Refuge, Rt. 2, Box 202A, Alamo, TX 78516 Big Tree Sponsors Me year's special edition of the Texas Big Tree Registry was made possible by the sponsorship of several organizations concerned with the environment and with public education about our renewable natural resources. Funding for the registry and its distribution came from the Pineywoods Foundation, the Texas Society of American Foresters, the Texas Forestry Association and the National Forests and Grasslands in Texas. The Pineywoods Foundation is a private foundation which serves public Interests and purposes in deep East Texas. The Texas Society of American Foresters (TSAF) is the Texas affiliate of the Society of American Foresters (SAF). SAF is the national scientific and educational organisation representing all segments of the forestry profession In the Ue , including public and private practitioners, researchers, administrators, educators, forest techrJc ans and students. With over 19,000 members, it is the largest professional forestry organization in the world. The SAF was founded In 1900. The objectives of the TSAF are to advance the science, technology, education and practice of professional forestry in America, especially within the state of Texas, and to use the knowledge and skills of the profession to benefit society. The Texas Forestry Association (TFA) is a private, non-profit, statewide organization. Its members include landnwners, professional foresters, forest product' companlok related businesses and other individuals who understand the benefits of wive forest conservation practices, now and in the future. More than 2,900 people with "tree spirit" are members or TFA. Founded in 1914 by W. C,)«lrlch Jones, TFA has grown into one of the state's most active conservation organitations. TFA members believe that forests should be properly managed to ensure a steady wood supply for future demand. They recognize the need to use the forest resource wisely and to its full economic extent, In an '(Tort to Increase public awareness, TFA afrers many educations programs, among which are the Teachers' Conservation Institute, Youth Seedling Program, forestry scholarship program, speakers bureau and the Texas Forestry Museum In Lufkin. Texans and all Americans will be celebrating the 100th anniversary of the National Forest System In 1991 and, more Importantly, 100 )4-an of natural 1 resource stewardship In the Unlted States. On Mach 30, 1891, President Benjamin Harrison signed the Creation Act of 1891. That legislation stopped the wholesale ! disposal of the public domain and began the formation of a national treasure trove eve composed or national forests, wildlife refuges, Bureau of Land Management lands •a 0 and a vastly enlarged national park system. Within Texas are four natlond forests in the eastern portion of the slate, two national grasslands in the northeast, and portions of three other national grasslands In the Texas "panhandle." All are "multiple use" lands, so called because a variety of activities take place on them. These Include romping, hiking, bird watching, halting, hunting and commercial enterprises such as logging, mineral exploration and livestock grazing. These federal lands are esppdally valued because of the relative scarcity of other public i lands in this vast state. Admiselon is free, except for nominal charges at soma 9 • I developed recreation facilities. The few regulations that visitors must follow ars designed to ensure their safety and protect the natural resources, I , 36, 32x II •t r i ApIda No ,-~Q (L tpenda nem Gate ~ r - r I AGENDA INFORMATION SHEET AGENDA DATE: March 3,1998 DEPARTMENT: Main Street THRU: Ted Benavides, City Manager SUBJECT CONSIDER AN ORDINANCE OF THE CffY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 815 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARTICLE V OF CHAPTER 35 OF t THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE, (HLC recommends approval 6-0; P & Z recommends approval 7.0) BACKGROUND John and Donna Moms, owners of 81 $ North Locust, have submitted an application for 1 Historic Landmark designation for this property. The application is thoroughly documented j and well-prepared. The property at 813 North Locust has been submitted under the following criteria: Criteria 3: Embodiment of distinguishing characteristics of an architectural type or specimen. Criteria 5; Embodiment of elements of architectural design, detail, materials or crattsmar&p which represent a significant architectural Innovation. Criteria 9: Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. O Criteria 12: A building or structure that because of its location has become of value to a neigl iborhood, community area, or the city. Criteria 13: Value as an aspect of community sentiment or public pride, • pope 1 1 I5 K ~Q 32X ssw~ - The application effectively demonstrates that the structure meets the criteria listed above. While the structure has undergone some major changes rnce its original construction around 1912.13, most of the modifications seem to date from the 1920s and have gained historic significance in their oun right. 815 North Locust is listed as a high priority in Denton's Historic Resour.es Inventory. j The original portion of the structure was built around 1912.13 by Myrtle Browrtlow. In 1920, the second story, and front gable were added in order to enlarge the house to accommodate boarders. The house remained in the Brownlow family until it was purchased and renovated in 1991 by John and Donna Morris. Its current use is the Redbud but Bed and Breakfast. PRIOR AMONMIEM The Planning and Zoning Commission unanimously recommended approval of the application at the January 1 meeting (7-0), At the November 10 meeting, the Historic Landmark Commission unanimously recommended approval of this application for Historic Landmark zoning by a vote of 6-0. FlSCAL.INFOR ATION Historic Landmark designation gives the property a potential for a 506/o decrease in City property taxes for a ten year period under the current ordinance. Under the current ordinance, the partial tax exemption will expire at the end of 1998; however, an extension will be presented to Council for consideration in the near future. • I C z 25x~Q . 32 ;ro' :wns 0 sa» F EXHIBITS: Application for Historic Landmark designation Excerpt from January 7 P & Z mating Excerpt from minutes of the November 10 HLC meeting Respectfully submitted: idk(l Linda Ratliff; Director i Economic Development Department i Prepared by: Dcnisha Williams • , Main Street Manager • • C r i • Peps 3 ?..5 x I 32x~~ 9 a~rne~► r !~-q~- 001 HISTORIC LANDMARII ZONING PETITION FINAL APPLICATION CITY OF DENTON, TEXAS SITE ADDRESS: Ate Z Z /.5 Ze L"'T f LEGAL DESCRIPTION (LOT AND BLOCK ` OR WrFS AND BOUNDS • ATTACH EMIBIT "A" IF NECESSARY): „fit G~ ate` t- I / I C PRESENT USE: ~e~ 1 : L~cta /ell f ZONINGS wrh.rlfrnie _ I (Also complete Exhibit "B") NAME OF TELEPHONE OWNER(S) ADDRESS MMER 2tSlk/2 4 25 x 10 32XIO • EXHIBIT "A" 4 LEGAL DESCRIPTION 1 i • t 2131k/S 25 x IQ 32XIII I' o EXHIBIT All that certain lot or parcel of land being part of BLOCK 2, FERGUSON ADDITION, an Addition to the City of Denton, Texas, plat of which is recorded in Volume 64, Page 2741 Deed Records, Denton County, Texas, looted at 815 N. Locust Street, bean the same lot described in a deed from Mrs, A,E, Wilkerson, et vir to Miss Myrtle Brownlow on Novemer 239 1912, and recorded in Volume 127, Page 33, Deed Records, Denton County, Texas, and being more par- ticularly described as foilwsi BEGINNING at the Northeast corner of Samuel Gary tot as described in a deed recorded in Volume 1051 Page 428, Deed Records, Denton County, Texas on the Vest line of North Locust Streeti THENCE North 891 501 Vest, t89.0 feet to a steel pin; THENCE North with a pipe rail fence 60.0 foot to a steel pin; THENCE South 89' 60' F, 189.0 feet to a nett sat in an asphalt drive on the West lice of North Locust Street; THENCE South 60,0 feet to the PLACE OF BEGINNING. I I i P~ i 1 I ' , 6 x: x I CI 32 x I C] r 0 EXJUBfY"B" I, I CHAIN OF TITLE I inshvctiom List Ownership lisle &cm the present to original owntr 1) List the information beginning with most recent 2) Attach copies of ach inwment Type of Book- Deed NAMES OF OWNERS Instrument Date Volumal Pile No Records Warranty Deed Rat Prop Record John do Donne Morris 11.301991 Vol 127 p)) Deed Records Kelly M kflor nce Brownlow 4-15 1979 Vol 939 pi 12 Deed Records Kelly M do Florence Brmlow Jerry D A Judy Brownlow 9-154S Vol 402 p932 Deed Records Jerry D Brownlow Kelly M Brownlow 9.12.1975 Vol 7S8 p106 Deed Records Jerry M Brownlow Last Will of Probate Index KellyM B(ownlow Myrtle Brownlow 1{azel B Rafees 9-93.1935 Vo172 p 412 Docket Myrtle Brownlcw 11.23.1912 Vol 127 p 3) Deed Record AE do CJ Wilictrson 5.10.1910 Vol 120 p 141 Deed Record Recorded 6.13.1911 AE L JM Hard 11-111902 Vol 80p23t Deed Record NC, WB,A Biimark Ferguson 10.9.1989 Vol 64 P 214 Deed records A R Dickson 7 \ EXHIBIT "C" CONSTRUCTMON Instructions: List chronologically end with as much detail as possible, ditto the structure was boil%builder, cost of improvements, and detailed descriptions of improvements. Include any alYnilrCant remodeling with particular attention to extalor changes. Attach copies of all bulld'utg permits, mechanics liens and deed of trusL Detailed Description Type of Legal DATE CONTRACTOR do Nature of Work COST INSTRUMENT 1912 unknown One story 3room unknown None (see narrative) House with front dr Back porch Second story added 1920 Tens 2 Rory back porch Normal College Front entry with arches Front )acobethan gable 1992 John H Morris New roof, electrical, plumbing, 135,000 Heal &AC, Insulation, Sheet Rock, restored back & side porch, Fence, and driveway. Restored orWkI Wooden I over I windows, replaced panes Old glass, new gunge (new materials nor Visible from street). Added and restated Bathrooms using old fixtures. Remolded Kitchen. y~ i 1 8 A a 2 5Y1❑ 32x tiara... ~wsa. i ti EXHIBIT "On SURVEYS Instructionss 1) Attach subdivision map or Old Town Aiatf 2) attach copy of old surveys you have and the on-the-ground survey when you purchased the property, or a current on-the-ground survey locating all improvements, easements, access to public roads, public improvements, encroachments and protrusions. 1 i y. r T•. ilk 1 I a C 21S1k/7 9 l z: ❑ 32x IO s rsse.anea Page 2 w Construction I Description: (Also complete Exhibit "C') 1) Built In 1912 2) Architectural style of period: )seobethsn Revival 3) Distinctive architectural futures (Design, Detail, Materials or Craitsmenshlp): Front $able, Round- headed 6on1 door, Front porch with 3 rounded archwsA Projecting front ground floor entrance. 6) Archhect: Unknown S) Builder,Unkaown 6) Exterior material; Novelty Siding 7) Roof, Composition g) Doors: Plank arch lop front door with &Iasi panel 9) Windows: !3 total 1 over 1 In single, double, and triple sets AU have rope hung weight j 10) Porches: Small front entry porch with threc rounded arches Wrap around back porch with gabled roof not visible tom the street 11) Outbuildings: One garage functional building not visible from the street 12) Landsaping and Fencing: Wrought Iran (Spear &Bow mile by The Stewart Iron Works of Cincinnati, MO with Brick piltsrs National ReglsteM No National Landmark? No Recorded Texas Landmark I No Local surveys or Recognhion? See Enclosed letter from James W. Steely, Deputy State FGstorleal Preservstion OMter. Texas Hstorial Commisston i 1 i r 10 t 1, 255 0 32XIO 0 0 I [~f\ l ~y J IWO e D Yl 8 ' ~toc !'7 C F& 958 !04!274 I'M 57 .M FE"R G ~l S D N 5ro b ! 6 1 89~ ' to ti , 0 0 7 dog 70 3~0 189 igv 372 Na '72 IZ~ ~ alas ' 0 3?~ ~7.~ 37a ~ . . 37'l 1560, s 60' !co' 0 33(0 l ro s t'13 i IS`i' 319 V, (.n It~r,G 88z % + ~J74 j 1'1 '1073 lie. v ~zl- - P, 3, . 03-2o9A ?5 K 10 32xlo • 0 ti EXHIBIT "F" Criteria to be used in Historical Landmark Designation The petitl,oner will be responsible for furnishing data to the Planning and Development Department for submittal to the Landmark Commission substantiating that the property meets at least one or more of the following 13 criterion for Historic Landmark designations 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the united States. 2. Recognition as a recorded Texas historic Landmark, a national landmark, or entered into the National Register of Historic Places. 3. Embodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. V S, Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. S. Relationship to other distinctive buildings, sites or areas whien are eligible for preservation according to a plan based on architectural, historic or cultural motif. 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectutal style, 8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric Interest, V 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States, 10, Location as the site of a significant historic event. 11. Identification with a person or persons who significantly contributed to the culture and development of the City, State or United States. 12. A building or structure that because of its location No become of value to a neighborhood, commiunity area, Of tN City. i • 13. Value as an aspect of community sentiment or public pride. 215W10 13 ty ~f~ x 10 32XID Ili ' r 9 "!JIA'~r1Rf1 , LEGEND IND I.P. 6 FOOD L400 PIN Wt LP . S[T OION PIN CL-m of PROPERTY UNO EASEMaT OE IUUINO UNi riL r t0 TOUR UNE He y III ASPHALT (ASPN) ` C*NCRM 4coNc) *c'41 .-O ,p gpaa M LL ~►q~yL ~/p ML N19RKIMT ~1f1 r YAiMtraiu f YIN 07D IEMIN00 4 I . L fAA~t Rd. ~,a S b1' bo' WE 181,00 AUfYL1 65 K t0QM1 ST. rr u Two STORY AIIa 1 Mw J JIU6 N 1b/.00 x 61' so, w ' age ~uoR nea 1 . :o To o to a w ' j + bCAEj IN ►v,T Gw" . IHAMMEUT & oNO. o;n 4": NEEAS At SL I r hT•SU-NM r > IS x I 32 X o C r ALL THAT r171TAN TMCI OR PAAOC, Of LAAO LYINO AND WHO 1TUATm W TN( IIX A CRA SJRM AASTWI 1S3, OM OF M"K MTON COuNTT TOUS SONG PART Or ILOM L TO NUN AAOr~IpN, lA AMT49 10 ~7[ OTY or OCtTON. TTJ % AS *a%% IY INC MT MCKOf OfCOAOCD W MLYML IA. PAR 147, ow MOMI or OCINTON COUNTY KfA>, ANo IONO 7>t9 wt MCI AS cc W A 902 r rSOY 6RI AL Mut[ASM, tT VA ro MISS MYIILS MOA1lAl' Ox Ali k LWO DAY or AOHYMlR, 1/1l MOOAMD W YQLLS 1I1 PAOC SS. Duo MC41ot co DCN1og COUNTY, 70...1 AAO WK4 MOM PAN FLY - DCSObIm AS FOLLOWS SCONNNO AI INt NOA7Kaj 0011Nq Of SAWVO. OA1Y LOT AS 01I001110 W A OW MCOAOCI IN VO"t 114 PAR ADA DW MOMS of OOtTOI COUNTY. IOUf, ON INt"L04 Of MOAN LOW STALL7t MotCC NOAIN 14 OCORUS 1a MwVYCI DO SKONOS I'm A OSTAMCC Of 1190 nP TO A t"O PON hC TNINU 0" 111H A wt MA r01CI A OSTAAOt Of 140 PRT ID A 11CKS SOVYN M DCOIQS 10 LoWnt 00 KCONOS CAST A OSIAAOC OF 1I Wo ASST TO A FOVNO 1101 M ¢I M "M LWC Of NORM I"" TNDIOC WUIN MM Tot SASE LK or NORTH Lowe KAQT A brA et f~nl or uD rm TO INC POINT or ICVAaNO j SURAvo, " I C",:.TC C INS 1 H nM~M r Is,^ !/IL I d Me/.1A M r~A 1 H M 0•M/ 3.1w,rY,N f Nnwf nAM A,1 NA YMI IN r, IOTA dr1A of 61 I,Oatr1 i7iN AMA o tii. b"No r f ON A~7i~KMI7rtM wi 1"/ d 14 r 4PTW44% M M~ Mty relooll Imla"Wo K: " wtOAOMOr0. W#UM ! ~ORA" a d 1 AS MON OHL r- '1 N a /EMI h~,A A PO r4N Or INS LOT d 04* TO It UINA 1*4 ' A', CH TO NN O to""TY AAta MANOR 110114 OOOSI, OAM NAM 4. 1147. . A. qb% ~ Aro.9 CLAY W. VAMMM 4 3849 eAe~ct 1 .111 V i FI, INC. MAYtY LOCAT90 AT 05 NOMTM LWAT MAT U.N. a CAA. MAY A1. 10 r71 r, AtmAr !l'Y A110 COUNTY OF a914' WAS 00~ NO.21t70 `~5 x ~ 32XIO r i s I *mom 0 L oA- w ur • d TEXAS trvtnesuurne HISTORICAL COMMISSION A,0,10lf 12174 AUSTIN, TEXAS78713 April 6, 1987 011) uat me, Barbara Roes Community Development Coordinator City of Denton 210-8 West Oak Denton, T% 76201 Dear We, Roess ?hank you for your letter retarding the apartment house at 615 North Locust j Strut in Denton, Denton County. ` An apartment house this scale and design Would not have been unusual in one of the largest of the early 20th century cities In Texas, but it is a unexpected in a city of 7,626, Denton's population in 1920 when the Locust Street structure Wes built. the musing of the structure ehous some allu► alons to the Jacobethan Rovival style in the configuration of the front gale, the round-headed porch opening and front door and the projecting front ground floor entrance front, Most such comparable structures at that time were of masonry construction, and the wood sheathing of the Locust Street structure is exceptional• The structure has had only minor exterior modifications, and appears to retain its overall architectural Snteg Hty. Accordingly, we believe it masts Wationst Mgister Crites is C for its architectural merit, Ws Would appreciate it if you would be kind enough to send us information on the proposed work on the structure so that we may comment, Should you have any questions, piesss contact rater ?last Hawn at 5121463-6094, 1 0 Thank you, Its. Rom , for your consideration. sincerely, • 14~ t4iu;Lutl y Settorle Preservation ~ ~ • 0 Officer { y „ J1f9 /pt!!/nc xet Oerron !Site l ~e d'kr~io~yagifae.~~ouo.9~reaKUr~iai16 2 C) 10 32X10 0 COON" . NARRATIVE ON IISN. LOCUST l Trying to delennine the exact age of the house has been an Intatsting challenge. AD Dickson sold the Sand, pan of the BBB k CRR Survey, to H C Ferguson in 1 I III. 1t became pan of the Ferguson Addition to the city or Denton. All of Block Two of the Ferguson Affdon was sold to A E 6t ) M Hoard in 1901. They built their home on the 08 N Locust lot (present day 1121 N Locust in 1910, They sold the rem of the block 10 AE k C J Wilkitson. Mr, Wilkinson was a fell estate agent He proceeded to tell to divide the block into lots and sell them Individually, sometimes it often at one t day. Myrtle Bfownlow bought lot N 107 (96 N Locuu) N Navembtr 1912. no property sta)vd in the Drc widow family until we bought It in 1991. in response to a letter inqulry, her nephew stated that he believed that the house was btdtt In 1900. However, the IN9 Denton City Directory does not have a house number listed at 96 N Locust St The J M Hoards are Sifted a 911 N Locust St though. Italso lists Miss Myrtle Brownlow and her parents, J C do Mardis Brownlow at 44 E Kckory St u rtrntaa She Inclosed photograp! was taken inapproximately 1914. NI of this leads me to believe that the house wu built N fate 1912 of early 1913. We were unable to determine the actual builder but the following is a list of contradort doing business In Denton at that time. Contractors: M B Whitlock t Co 31 W McKinney S A Busby 165 E Wilson J M ourley II N Locust Architects: Whitlock at old 145 N Bell Ave The 1916 Denton City Directory thowi 96 Nosh Locust St with) C, Martha, &Myrtte &ownlow C. all inresidence, IM & Fannie Evans are li4g at Iii N Locust, By 1921, The street numbering rystem. had changed and N 96 had become I I S N Locust. The 1923 City Dkedory 11 su Miss Myrtle, several ahar Brownlows and one Sneed Goodwin In residence. This Indicates that the second story had been added and other ehangx had been made to turn the one (amlly teRldence Into an sparament house with four apartments. Miss Myrtle died in 1934 leaving the property the to her niece and tvb nephomm The niece, Miss I Hutt Raines, continued to live In the first now lath spatment and rat out the other apartments until her death in 1979. The nephews continued to rent the apartments alltr her death. However since neidier of them lived In the area Is was not long before the house beptn to fall into estate of disrepair. It had been abandoned for five years when we found It Wt looked at It for Dix monthsbefore we bought it. Then we spent one and one half years working on is before we, were able to open the Redbud Im r Bed 6r Breakfast. ~ i i I ,y r 25 K 3 2x~d 1 I~ '1 n 1 i 1 1 1 EXHIBIT "Ell I' EXTERIOR PHOTOGRAPHS Instructions: 1 Attach at least four (4) photographs of the exterior of the property, cr,e fron each direction (N rtn, East, South, West). Also, attach photos vlpmasizing particular architectural detail, cutcuildings, and landscaping. (All photas shall oe 3 x 5 or larger.) r r~~ l3 e o ~ r s 215lk19 S ~q~,~k is l 00 79Ir 7• r lj' i;11. l J ps y r I 19 EXH1e1T IV i/we, the undersigned, owner(s) of, ar party(e) with financial interest in, ail property herein described, do hereby file this, my/our petition, asking that the said property be designated 'as a historic landmark under the provisions of Ordinance 080-30 of the Code of Ordinances of the City of osnton, Texas. VWs herewith tender the filing fee of sixty-five dollars (f63.00}, I/We authorize the City of Denton to place a sign or si a on the above , property for public notification of the posed hilt r c Designation. Name Aadreaa _ ~I S N~ ~o:, w ~ ' S r'r u.r City AI State Phone 9~fo~ Sb S' Gam/ / y Submitted this a ,I day of .(~C 771Z. 19q~ 1~~Y U0 r a 21S1k/11 20 x 10 32XIII • • EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION January 7. 1998 ' The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, January 7,1998, at 330 p.m. In the City Council Chambers at City Hall, 215 E. McKinney, Denton, Texas: Present; Elizabeth Gourdie, Jim Powell, Susan Apple, Ellen Schertz, Rudy Moreno, Carol Ann Oanzer and Jim Engelbrecht Absent; None Present from Staff: Mike Bucek, Assistant City Attorney; Mark Donaldson, Assistant Director of Planning; Ed Diodncy, Director of Parks and Recreation; David Salmon, Engineering Administrator; Donna Bateman, Senior Planning Technician; Wayne Reed, Planer) 6. Hold a public hearing and consider making it recommendation to the City Council concerning designating 815 North Locust a historic landmark ("H" toning designation). Chairperson Schertz: Item number 6 Is a public hearing, )told a public hearing and consider making a recommendation to the City Council concerning designating 815 North Locust a historic landmark (11" zoning designation). This evening, 1 will open the public hearing, and we will hear from Nis. Williams. Nis. Denisha Williams: Get all of our technology reactivated down here. It's warming back up. It's not going to work. Sorry, Everything's gone to the "power save" mode down here. Madam Chair and Commissioners, my name is Denisha Williams, and I'm here this evening wearing my hat as Preservation Officer and staff liaison to the Historic Landmark Commission. John and jo Donna Morris, oHners of 815 North Locust, have submitted an application for historic landmark designation for this property, First, let me show you a map. The property is located on North Locust just south of Ferguson Street. And we'll go back to... I Nir, Powell; Could you show me where 380 is or something other than Ferguson Street. I'm not familiar with Ferguson Street, Nis. Williams: Okay. It is between-it is south of University and north of downtown. It's near the the TWU campus. Sir, Powell: Thank you very much. Ms. Williams: All right. We are-I think I need help with this. I'm sorry. Oh, it's back. It did come back up. This Is a photo of the property. The property has been-the request has been 21 2r) 10 32X III tD Planning and Zoning Commission Minutes January 7,1998 Page 2 or g made to designate the property with a historic zoning designation. The request has been submitted under a number of categories or criteria. These include embodiment of distinguishing characteristics of an architectural type or specimen; embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, state or United States; and a building or structure that, because of its location, has become of value to a neighborhood, community, area, or the city; and criteria 13 - valued as an aspect of community sentiment or public pride. The application does effectively document that the structure at 80 North Locust meets several of these criterla. It was originally constructed about 1912 or 1913 by Denton resident Myrtle Brownlow. In 1910, the second story and front gable were added in order to accommodate boarders. The house remained in the Brownlow family until it was purchased and renovated in 1991 by John and Donna Morris. It is currently In use as the Redbud Inn Bed and Breakfast The approval or this application would not change the primary zoning designation of the property, which Is commercial-it's zoned commercial, It does provide an overlay zoning to the property which affords the property additional protection, Specifically, any future changes to the property-exterior alterations-would have to be reviewed by the Historic Landmark Commission; and it does also provide the opportunity for the owners to apply for a 50% tax reduction in their City property taxes for a period of ten years. I'd be happy to answer any questions you might have, Chairperson Schertz: Thank you. Are there any questions from the Commissioners? Commissioner O.,urdie, Nis. dourdie: I was Just wondering as I was reading through this, this is very well done, this is very well done. Ms. Williams: It is. Nis. Gourdie; I am curious why there is a 50% tax relief on it, on a historical building. Nis. Williams: The basis of that Is that it provides an incentive for the historic landmark r Jesignation, and it also provides incentive to help defray the cost of preservation work-work that is done to preserve the structure. Ms, Oourdie: Thank you, Chairperson Schertz: Seeing no further questions, we appreciate your time, Mr. Powell: Excuse me. I didn't push the button, but I have one. Next time I'll push the button. C ChairpcrsonSchertz: Commissioner Powell. Sir, Powell: Excuse me. How does this affect the zoning and/or the property values of the immediate neighbors? 22 25Y10 32>411 F • G MM~7 Planning and Zoning Commission Minutes January 7, 1998 l.' Page 3of9 Ms. Williams: Well, in general-now, it does not affect the zoning of the Immediate neighbors at all. 11 is an overlap that only applies to the property that has applied for the overlay zoning. It is not a part of the district. It is an individually designated property. Now, there is an additional-the item after this is the property next door in a separate-in a separate case, 821 - that's owned by the Morrises as well-but as far as surrounding property owners, it does not have any impact. However, we do follow the same notification procedures, and I'm glad you asked that. We sent out notices to property owners within 200 feet of this property. 'Ale sent out 20 notices. Only two were received back, and both were in favor. r Mr. Powell: Let me tell you why I'm asking, and then perhaps you can help me out here. I recently bought a piece of property that's in the downtown historical district, and I dreaded doing it for fear that when, if I ever wanted to make a change on it, I knew it was going to be heanbum and grief, you know. Even though a change might be needed for structural reasons or repairs or whatever, I could see long and involved negotiations with the City, and that's a nightmare I didn't want to get involved with but probably will have to. Does the neighborhood-do the j neighboring structures suffer any of that here if they want to change, remodel, add rooms or / whatever to their structures; are they stuck with any of this historical situation? C_ Nis, Williams: As I said, this overlay zoning only applies to the property In question Mr. Powell; Thank you, Ms. Williams: Okay, Chairperson Schertz; Thank you. Commissioner Apple. I'm sorry. Mr. tiucek: I want to make one comment. I don't want you to feel comfortable; even though, you know, that historic district - if you're in a historic district right now, and you want to do something to the exterior of that building, you could violate another ordinance, Commissioner, if you don't run that by the City. Mr. Powell: I know that, Nis. Wiltiams: Thank you. Yes. There is a distinction between the historic overlay zoning as an individual property designation or a district. And we do that.,, • • Mr. Powell: Oh, I understood that difference, • Ms. Williams: We have the Oak-Hickory Ilistoric District. Thank you. VA C Mr. Powell: I understood that difference, I just didn't know for dead sure if this historical designation would affect the neighbors inclose proximity, If it doesn't, I'll hush. I'm out of it. Thank you, 1 7- - - 25 x1 0 32 X I O 0 Planning and Zoning Commission Minutes January 7, 1998 Page 4 of 9 Y Chairperson Schertz: Commissioner Apple. Nis. Apple; This is just probably a typographical error, but 1 just wanted to clarify It. In the minutes from the meeting of the mstorical commission, it says, "the application Indicates that the structure was built in 1901..," and, never mind. That's 821. 1 answered my own question, Nis. Williams: Oh, I guess the next.-right. It is confusing because these two applications are so similar. Nis. Apple: Thank you. Chairperson Schertz: Thank you. Seeing no further questions, we appreciate your time at this time. I will now ask for people to speak in favor of this item, and 1 would like to begin with Sir, Esthan. Is he still in the audience? Seeing that he's not, I'll show that he was in support, Is there anyone else to speak in favor? Anyone to speak in favor? Iii. Would you please give your name and address? ! 1, / Nis. Donna Morris: Good evening, I'm Donna Morris. 1 live at 813 North Locust, My l husband John Is stuck In Boston tonight, so I was assigned to do this. I would appreciate your positive votes on this action. I'll be as brief as possible. 14'e bought this house in 1995. It was abandoned. There were bums living In it. There were holes in the floor. There were windows knocked out. There was-people rented The ,41oney Pit movie for me to look at, and we spent eighteen months remodeling it,, refurbishing it, putting it back together, and opening the Redbud Inn Bed and Breakfast. I think it's a great asset to the city of Denton, iNe were the first bed and breakfast here, and now there are six. And there a lot of reasons that I could go into why it should have a historical designation, but you don't want to hear them tonight. If there ere any questions, I'll be glad to answer them. r Chairperson Schertz: Thank you, Commissioner Powell Mr. Powell: Nis. Morris, I was in that house when it was in the co;. Hon that you're speaking of I often look at probable rental properly or possible rental pieces, and I want to tell you you've done a wonderful job. That's phenomenal what you folks have done. That was a disaster and you have made it a great thing and I just wanted to point that out. Nis. Morrie Thank you. Chairperson Scheru: Thank you. Seeing no further questlon..,Xrn sorry. Commissioner • • Engelbrecht. w~ Ma Engelbrecht: I again also forgot to push the button. How does the--do you-to what ~ extent do you perceive that the historic designation Impacts your ability to function as a bed and breakfast. 24 25 x 10 32XIO 0 0 I~ Planning and Zoning Commission Minutes January 7, 1998 r Page S of 9 Nis. Morris: It's a real asset, For one thing, we'll be-the first thing I'll do is start looking, working for a historical designation from the state of Texas. I will join HATS, which is Historical Accommodations of Texas Association. I'll be able to advertise it as a historical hotel accommodation, and it will be a real asset to us. Mr. Engelbrecht: Thank you. Chairperson Schertz; Thank you. Seeing no further questions, we appreciate your time Anyone else to speak in favor. Anyone to speak in favor? Is there anyone in the audience to speak in opposition? Any opposition? Seeing none, I would ask the petitioner if she had any other remarks she would like to make? None? Thank you. E will close the public hearing and ask Nis. Williams if she has any final remarks. Nis. Williams: My only comment is that staff does recommend this item, and also that the Historic Landmark Commission at its regular meeting of November 10 unanimously recommended approval of the item. Chairperson Schertz; We appreciate it. Thank you. At this time, l would entertain a motion, Mr. Powell: Madam Chairman, I would move that we recommend approval to the City Council. Mr. Engelbrecht: Second. Chairperson Schertz; Let the record reflect that Commissioner Powell made the motion, and { Commissioner Engelbrecht seconded h. Now, is there any further discussion. Commissioner Apple? No? All right, Thank you, I apologize. We're working with new computers and screens, and we're all getting used to it. At this time, I will ask the people to cast tneir votes if you'll give me just one second. Okay. At this time, would you please cast your votes. The votes have been cast. We will now display. The motion passes unanimously. 7. Hold a public hearirg and consider making a recommendation to the City Council concerning designating 821 North Locust a historic landmark ("H" toning designation). Chairperson Schertz; Item number 7. Hold a public hearing and consider making a recommendation to the City Council concerning designating 821 North Locust a historic landmark. I will open the public hearing and ask for Nis. Williams to begin the discussion. tD Nis. Williams: Okay. I'm back to talk about the house next door-821 North Locust • let me get this photo up for you. Well, maybe I'll request some help in getting this photo up and go ahead and read the rest of Lhis while I get some help. Oki.y. 821 North Locust Is being submitted for historic designation under basically the same criteria as 815 North Locust. The only exception is that it Is also being submitted under criteria number 6 which Is the relationship to other 25 ~i 10 32 x q ny , 0 Planning and Zoning Commission SIInutes January 7,1998 Page 6of9 I distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on architectural, historical, or cultural motive. I guess the relationship is fairly clear, since we just discussed the house next door, the structure does clearly meet several of the criteria for historic overlay zoning. The house was constructed in 1902 by A.E. and J.M. Hord. Throughout the years, the property has been owned by numerous different owners. It is currently in use as the Magnolia Inn Bed and Breakfast and Oiuseppe's Restaurant. The current owners, John and Donna Morris, have also worked their magic on this structure as well, and the interior of the structure is particularly appealing. Some of the unique features of the house include balloon framing and a fairly complex crosswentilation system. Once again, this would be an individual historic overlay zoning designation; and, as in the previous application, we did notify property owners within 200 feet of the property. Twenty notices were sent. Two were received back and both of those were In favor. No, we received no opposition to this request. Chairperson Schertz; Thank you. Are there any questions of the Commissioners? Seeing none at this time, thank you. Is there anyone in the audience that would like to speak in favor? Would you please give your name and address one more time. Ms. Morris I'm Donna Morris. I live at $15 North Locust and "ditto." Chairperson Schertz: Thank you, Very well said. Anyone else to speak in favor? Anyone in I favor? Is there anyone to speak in any opposition? Any opposition? Seeing none, I will assume that the petitioner has no further comments; and 1 will close the public hearing, and ask Ms. Williams if she has any final remarks. Ms. Williams; Once again, staff does recommend approval of this application, and the historic Landmark Commission also unanimously recommended approval of it. Chairperson Schertr Thank you. We appreciate it, and Mr. Engelbrecht has a question. ,k Mr. Engelbrecht; Nis. Williams, if I might-on this particular structure, there's a wrought iron upper level ,porch, or whatever, and stairway. One of the goals, at least as I've always • understood it, for the historic designation and etc. is to maintain the architectural character of the, certainly the facility, frequently the whole neighborhood, etc. And I recognize this was necessary, a-some sort of stairway, etc. was necessary in order to utilize the structure two ways. guess my question is, wouldn't it be more appropriate to make sure that that part of the structure is-meets the architectural style of the general structure. I mean, I would doubt that anyone normally could put something of this nature in a historic structure and get away with it. • Once it's designated historic, ! doubt that they could put that on there, So I ask, I have a question about why we would do this sort of thing-give historic designation when we've modified it outside of its historic character. Nis. Williams Okay, Well, let me-there are several issues on that that are pertinent, Number one Is that the ordinance that sets forth thirteen criteria for designation, and some of them are directly tied to, you might say, architectural purity; but there tut a lot of criteria set forth for ?5 la 32 x 0 p ~+ra Planning and Zoning Commission Minutes January 7, 1998 Page 7 of 9 historic landmark designation in our ordinance that are not--don't require that the structure, they don't prohibit--the ordinance does not prohibit a structure from being designated if it has had some modifi:ations prior that we might not approve, you know, if we'd had some review, That is a tricky issue because the metal staircase, some type of metal staircase, would be required by fire codes for the bed and breakfast second floor usage. In a case like this, if the structure were already a historic landmark, the certificate of appropriateness would be required and, at that point, 1 would say that probably it would not-that that staircase might not be approved under certificate of appropriateness. We might took at what alternatives could we do-you know, could we put it in the back; could we, you know, how could we do that differently so it provides additional protection in the future, Mr, Engelbrecht: Okay, Thank you. Chairperson Schertz: That's a good question. Nis. Williams: Yes, it is. Nis. Morris: Could I speak? E Chairperson Schertz: Certainly. I don't know, You said so much the first time. Nis, Morris: When we were refurbishing the house and so forth, of course, we had the City Planning and Fire Department and everybody going through telling us what we needed. And started early on trying to find the history and so forth. The earliest picture we could find of the house was 1952 or something like that. At that time, there was an external, metal stairway on that. The staircase goes the way it does because of fire code, The first one that was on there, the picture that 1 have-it came out the side and came straight down toward Locust Street. But that's the earliest picture 1--there is, has been a balcony on that house since the 40%, and that was the earliest that we could find, Mr. Engelbrecht: Do you know whether-so, you're saying there was a metal porch and a metal . stairway on that structure at some point in time. Ms. Morris: Yes, yes. Alt were not the first-in fact, it laid out in the front yard for six months before we could get it hauled away. Sir. Engelbrecht: But you don't know whether it was put on with the initial construction or whether it was an add-on at some,.,, Nis. Morris: It was an add-on at some time, but the house was In the-in the 50s, it belonged to the McKenna family, and the house was used at that time-and that's when, that's where I got my picture from, 27 - 25101 32x10 r Planning and Zoning Commission Minutes i January 7, 1998 t Page 8 01`9 Mr. Engelbrecht; Since you've come back, I'll ask you, don't, you know-didn't you feel uncomfortable with the structure in terms of the fact that it detracts from the general architectural... Ms. Morris: ON yes. Mr. Engelbrecht: character... Nis. Morris: Oh, yes. Mr. Engelbrecht: _,of the home? Ms. Morris: Oh, yes. we did, We tried two or three different things with the Fire Marshall; other ways to have a second exit from the downstairs. And, I also felt uncomfortable with putting the ramp there up to the front porch, but ADA required it. And we don't have the money to go around buying old houses and just fixing them up. We have to be able to do something with them aller we do the, get the.... Yes, I was uncomfortable because of various other codes, we couldn't have it coming out the side of the house into the driveway. We couldn't have it going out over the back of the house where the kitchen Is. That was the last possible choice, Mr. Engelbrecht: Was it required, was it necessary that you have a metal porch-[ mean the stairway. I don't know whether the stairway needed to be metal; but did the porch and all have to be metal, Was that what the Fire Marshall required? Ms. Morris; Okay, the porch Isn't metal. The porch is wood. There Is a wrought Iron.., Mr. Engelbrecht: Okay the rail-the rail, Nis. Morris: There is a wrought Iron railing around it and down the steps, and the steps are concrete. That's the only metal is the railing itself. Mr. Engetbrecht: Would the, would the,„Yes. Excuse me. I'm sorry that 1 didn't say that correctly. Was the wrought iron railing the requirement of the Fire Marshall as opposed to a railing that was architecturally consistent with the remainder of the structure? Ms. Morris: I'd have to say I don't know. EvMthing else about it I remember-the helght and the slope and everything else, Mr. Engelbrecht. I understand, Ms. Morris: But as it whether it had to be wood or metal, I don't know. I think we chose- everything else we went with the Fire Marshall. so I'd have to say I'd be Inclined to believe it was. ~3, 4 25 ~0 32 x~~ M~ I ffi&fiib~ P. I' nmr~llr ' Planning and Zoning Commission b1 inli, is h January 7, 1998 Page 9 of 9 Mr. Engelbrecht: Okay. All right, Thank you, I don't have any other questions. And I didn't , mean to put you on the hot seat. I just.... Chairperson Schertz: Thank you for your time, Staff has presented their final remarks. At this time, I'll entertain a motion, Mr. Powell: Go ahead, Rudy. Mr. Moreno: Madam Chairman, move approval. Mr. Powell: Second. Chairperson Schcrtz: Motion was made by Commissioner Moreno and seconded by Commissioner Powell. At this time, if I could ask the Commissioners to cast their votes, please, I Mr. Engelbrecht: Could we have some discussion first? Is that possible? Chairperson Schertt; Sure. It doesn't give me that on my screen. Please. C Mr. Engelbrecht: I Just wanted to go on record as saying that I like this facility in general, and I like what's been done with it, and I like the fact that it's a money maker; but I'm going to tote against this particular designation because I don't believe that, if someone came in here with a property that's currently a historic designation and attempted to put this rail on here, they would ever get away with it. I don't think they'd be allowed to do it because of its inconsistency with the architectural style. And, I don't know what kind of precedent this sets when we do that sort of thing; and particularly, now, it's still unclear to me whether, in fact, this metal railing was required or whether a railing that would be architecturally consistent with the facility could have been constructed. And, even if the metal railing is required, a facade in front of it that's architecturally consistent could have been put up there, And. I know that when they, when someone has a historic structure and they try to make a change, there is not very much room for maneuver on the exterior structure away from what-and Mr. Powell's going, "Oh my, heft I • go"-away from the architectural character required. And, therefore, I'm afraid I'm going to vote against this. Thank you. Chairperson Scheltz: Is there any further discussion? Seeing none, we will move to the voting mode, and I would ask the Commissioners to please cast their votes. Voting is complete, and we will at this time display voting. Voting is 6 to 1 in favor Wit passes. ptenninpyfinulevt'lZU1a79Rputiddue x10 32x1[1 1 0 . 1 and 1900. Ms. Williams commented that the structure is one of the most significant structures in downtown Denton. Exterior changes to the building are expected to be minimal. Commissions expressed concern regarding earlier exterior changes to the building. After a short discussion by Commissioners, Commissioner Capps made a motion to approve the preliminary application. A second was made by Commissioner Ricks; the motion i carried. I 1V. Hold a public hearing and consider approval of an application for rr Historic Landmark Zoning for the structure located at 815 North L Locust. Chairman Lowry opened the public hearing. Denisha Williams stated that John H. and Donna Morris had submitted a final application for Historic Landmark Zoning for a commercial property at 821 N. Locust. Currently the property is a bed and breakfast and restaurant The application indicates the structure was built in 1902. Owner Donna Morris spoke on behalf of the application by reviewing the history of the house as it is presented in the application. Chairman Lowry asked if anyone else would like to speak in favor or against the application. With no response from those present, the public hearing was closed. Preservation Officer Denisha William3 recommended approval of the Historical Landmark Designation, stating that the property meets the criteria C:1W[ND0WSTEMt'1Mimuha1 1•10dm G n ♦ - ~,i7 K LJ Jt~. x !.1 i under which the application was submitted. Commissioner Ricks moved to approve the application; Commissioner Norton seconded. The motion carried unanimously (6-0). V. Hold a public hearing and consider approval of an application for Historic Landmark Zoning for the structure at 821 North Locust. The public hearing was opened by Chairman Lowry, and the petition read into the record. Owner Donna Morris spoke on behalf of the request by describing the interior features of the house as well as the exterior and construction features. The public hearing was closed with no one else speaking for or against the application, i C. Preservation Officer Denisha Williams offered the staff recommendation to approve the application and added that there are many architectural features left intact on the property. A discussion followed concerning the architectural style listed for the building. While the application lists the style as American Four-Square, the Historic Inventory refers to it as an L-Plan. Staff agreed to request a clarification for the records from Lila Knight, Historic Preservation Consultant. • Commission members complemented the Morrises on their careful o renovations of both properties. Commissioner Ricks made a motion to e recommend the property for Historic Landmark zoning. Commissioner Ile' Capps seconded. Motion carried (6-0). C:1 NDOwS)TEMMinute111.10*c 31 25x10 32x A~ • 1 r ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 8I3 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the P!:- utIng and Zoning Commission of the City of Denton having recommended that the propeny herein described be designated es a historic landmark in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the property Iocated at 81$ North Locust Street, being more particularly described in Exhibit "A" attached hereto and Incorporated herein by reference, is hereby designated u a historic landmark under Section 35.215, Article V of Chapter 35 of the Code of Ordinances of the City of Denton, Texas. $p,CTIONu. That said property herein described shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter "H," and the property herein described shall be subject to all terms, provisions and requirements of Section 35-215, Article V of Chapter 33 of the Code of Ordinances of the City of Denton, Texas, and such designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. SECTION Lt1. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 1V. That this ordinance shall become effective fourteen (14) days ftom the date of Its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, I PASSED AND APPROVED this the day of 1998 i y, JACK MILLER, MAYOR - - 25w o 32XIII 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY• t _ I I~ C f,~1w~,TdepYLOLbw Oon+nrntAddmrwbV11L000Si01~D ` • 25 x 1Q 32xlo • ExHMIT "A" art of BLOCK 2, FERGUSON ADDITION, and in lot of parcel of land being p 64 Page 214, Deed All that certa Addition to the City of Denton, Texts, past of which is recorded in Volums , bein the sume lot described in Records, Denton County, Texas, located at 81 S N. Luca Bro~wr~ilo~ on November 23, 1912, And a deed from Mrs. A.E. Wilkerson, et vir to Mill Myra recorded in volume 127, Page 33, Deed Records, Denton County, Texas, and being more particularly described AS follows: BEOINNINO at the Northeast comer of Samuel Gary lot is described in a deed rpwrded In Volume IOS, Pole 428, Deed Records, Denton County, Texts, on the west line of North Locust Street; THENCE North 89° $0, West, 189.0 feet to t steel pin; THENCE North with a pipe tit fence 60.0 feet to t steel pin; lt drive on the West title of North THENCE South $96 SY F.189.0 feet to t nail set in to ssp Locust Street; THENCE South 60.0 feet to the PLACE OF BEGiNNMO. /.y}~,~/~LdLWrrnoeu.,Mt&d,IILOCUSTORD4ft ?r,.R~ 32x~❑ 0 i ' lSg71r1 r DO/ Agenda Na Apnde ItE AGENDA INFORMATION SHEET f i AGENDA DATE: March 3,1998 i DEPARTMENT: Main Street THRU: Ted 13enavides, City Manager E SQ8JECT CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 821 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35-213, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXWUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (HLC recommends approval P do Z recommends approval 6.1) RACKGRGi1ND John and Dorms Moms, owners of 821 North Locust, have made application for Historic Landmark designation for this property. The application Is thoroughly documented and well-prepared. The property at 921 North Locust has been submitted under the following criteria: Criteria 3: Embodiment of distinguishing characteristics of an Architectural type or specimen. Criteria 6: Relationship to other distinctive buildings, sites or am which are eligible r» for preservation according to a plan based on architectural, historic or cultural motif, Criteria 9: Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. Criteria 12: A building or structure that because of its location has become of value to a neighborhood, community area, or the city. P Criteria 13: Value as an aspect of community sentiment or public pride. 0 papa i t x 1❑ 3"xIC' W., Y~ The structure clearly meets several of the criteria, although perhaps criterion 3 needs some clarification. Criterion 3 is an " embodiment of distinguishing characteristics of an architectural type or specimen." Some of the exterior modifications that have been made to the property, most notably the metal staircase, have altered the original design of the fapade considerably. However, the majority of the original architectural features have been retained. Due to the use of the house as a bed and breakfast, a metal staircase was required to meet fire safety codes. Overall, the property meets sufficient criteria for consideration as an Historic Landmark. PRIOR ACTION MVIE The Planning and Zoning Commission moorttrrtended approval of the application at the January 7 meeting (6.1). At the November 10 meeting, the Historic Landmark Commission unanimously recommended approval of this application for Historic Landmark zoning by a vote of 6.0. FISCAL NFORMAXION Historic Landmark designation gives the property a potential for a 50% decrease in City property taxes for a ten year period harder the current ordinance. Under the current ordinance, the partial tax exemption will expire at the end of 1998; however, an extension will be presented to Council for consideration in the near future, r i . , I ~1 1 C • Papa 2 2 I I 25X Q 32X • I EXMITSs Application for Historic Landmark designation Excerpt from January 7 P & Z meeting Excerpt from minutes of the November 10 tU meeting Respectfully submitted: I C =C 214, c Ltnda Ratliff, Director i Economic Development Departrnent ,I Prepared by. Denlsha Williams r Main Stmt Manager ' i p Popp 3 3 f 25x 32XIO • r ~ - q7- 0 D HISTORiC IANDPNRK ZONING PETITION FINAL APPLICATION CITY OF DWTONI TYXA5 SITE ADDRMI ` LEGAL Df8CR1PTION (LOT AND BLOCK streetfide PhotoQroph OR W ES AND BOUnS - AT'A':" EM151T "k' IF N£C£SSARY)s, 3 x 5 or larger PRFMM USei acaaaa,-A ZONINGS (Also complete Exhibit "A") T EA £ WT of ADDRESS ow~F~t(s) t ~ ~-a r 1 , risk/1 ti I 25xla 32x10 ,yveca ~ v c f 1 I I I w 1 i ~ O • r ~ ~10 32XIII i i 1 EXHIBIT "A" ' All that certain tract or parcel of land situated in the e,b,e4 6 C.R.R4 Company surva / Abstract' lost Cit and County of Denton, Texas# being part of Zook Two of rarquaonys Addition to said Ciky~ plat of which is recorded in volume 64 pags 974, **6 (pravlouely referred to an volume 64, page 947+ aa~ually Volume 64, paga 2741 Deed Records of said County, and being part of a lot duoribad in a dead from aou Aiken to L. No Maokenna at UX on July !4r 19571 In Volume 431, page 74t Deed Records of Denton County, and and being recorded more particularly descriad as followsi 11101NNiN0 at a steal pin on the last line of @aid McKenna lot and on the Nut right-of-way of North Locust Street at R point South 744 feet from the Northeast corner of said Block 7 of Ferguson's Addition to said Cityl TNRNCR South with the Hest right-of-way of said street 74,1 feet to a steel pin at the Southeast oornar of said Maoxonna lot) TUNCH No it degrees 64 minutes west 16940 feet to a steel pin at the southwest corner of Said lot) TBENCB No 0 degrees 13 minutes 30 seconds Nut' 74 s 9 feet to a steel pin) r TNENCL Bo 09 degrees 34 minutes bast 1894 feat to thg place of 4 beginning$ asR Note the additional phrase in the legal description rggardlnq a transposition of numbers which has been carried in previous legal descriptions. 41; ~ • 6~ G 5 X I 32XIO Final Application Page 2 Construction/ Description, (Also complete exhibit "C") 1) Dale Built; 1902 2) Architectural Style or Period; American Foursquare with Colonlal Revival Accents 3) Distinctive Architectutal Features (Design, Detail, Meterlals, or Craftsmanship); Balloon framing, Central hallway upstairs and down with windows and doors placed for cross .ventilation, Shlplap on all interior walls , Oak hardwood floors throughout 4) Architect; Unknown S) Builder Unknown 6) Exterior Material: Novelty cypress and teder siding 7) Roofing: Composition 8) Doors; Front door Panel with B lights, 2 sidelights which open, both have 12 lights in each 9) Windows: 2 Bay windows, 25 double hung 1 over I with rope hung weights in sets of I, 2, & 3, Nine double hung 6 over 6 windows with rope hung weights. Many of the windows are double weighted so that the upper sash can be lowered. This is another cross ventilation { measure. 10) Porches: Classic brick Columns Front Porch with balcony over, Hip Roof Stoop on South side, Hip roof Pediment Porch on North side 11) Outbuildings t New redwood gazebo in back yard f 12) Landscaping and fencing: Wrought Iron Speer Fence with Brick columns around Front Yard, • Cedar privacy fence on back half of North side and backyard National Register? No. National Landmark 7 No. Recorded Texas Landmark? No Local Surveys or Recognition? No 25 10 32x1Q » Exhibit" B" 121 N.Looust CHAIN OF TJTLE l Instructions: List the ownership title from the preterit to orIBIMS1 owner. r 1) List the Informstion beginnin{ with the moss recent 2) Atuch copies of each Instrument TYPE OF NAMES OF OWNER (S) INSTRUMENT DATE VOLUME/ PAGE BOOK DEED (WARRENTY DEED) REAL PROP Deed of Trust Megnolistnnlnc 972211993 Warranty Deed John do Dome Morris 4/21/1995 Wsrrany deed Richard Oladmsn 11112/ 1991 Vol 911 p $93 Book Deed Wsrmt Deed Helen Lath 51111971 VoIJ291 p247 Book Deed 4 Wursny Deed Jwes&Norms Barrel In111976 Vol. 77Itp719 Book Deed Will Probate L.w' McKenna 3/14' ii?) Probate Court Frsnceil.~ckenna Wursny Deed LW & Frances McKenna 772611957 Vol. 4311 p14 Book Deed Will Probate Effie Probate Court Tau AIkM Aikin 71111$4 Ww my Deed Effie Alkin 10/111927 Vol. 21 S/ p261 Book Dead Wurany Deed JD AEAieAlkin 411311920 Vol. IIIfp411 Book Deed Wurntt Deed L R &N P Kirkland V I O/1919 Vol. 1631335 Book Deed Watrany Deed J M Evans 10721111914 Vol. )331541 Back Deed Warranty Dyed CH Smoots 411611914 V01301$46 Book Deed Warmly Deed AE dt CJ Willdrson S11011910 Vol. 1201 p141 Book Deed r Warranty Deed C AE LN Houd 1111/1902 Vol, 64/p27S Boot Died U - 2510 32x10 0 wemnty Deed KC Perywon 10/911691 Vol, 64102SI Book Dad pe]entod to 1 R Henry eseipee Co ibule i 11 e ' f i i I 9 i e i aeeres~ , e EXHIBIT IV 121 LOCUST CONSTRUCTION r Instructions: Llst chronologically and with a much detail as possible, dates the structure was built, builder, to of Imaovements, end deviled damiptions or improvemtnts, include my significant remodeling with partieuiar attandon to exterior ehan;a. Atvch topla of all bulidin j permits, mechuJq Ilona. and Deeds of trusts. , CONTRACTOR'S DETAILED DESCRIPTION COST TYPEOFLEOAL DATE NAME ANATURE OF WORK INSTRUMENT 1907 Unfmo" Conibvctlon a two story Deed ofTrust Frame House 9122/95 RobeA Coopet RoRabisho i, Straightened North $55,000 Meahania Lten Perch Pillar, Rebu it porch A sol ony, RAeepplaced outside metal Stslra. New Roo( Handice ramp Q ratrooms, Commerclal Kitchen Antique wrou`itt Iron Met and brick Columns, concrete driveway and p0k66 IA new electrical, new plumbtnW new heel A AC, sheet Lock and insulation. I r" C ' z x 32 X I IJ y • 0 15936 CITY of PINION rrlses!>s° IIINLOINO PERMIT APPLICATION APPLICANT TO COMPLETE NUMBERED SPACES ONLY (PLEASE PRINT( MERCIAL 0 RESIDENTIAL .DA1I VZ JOIADD NO. AND StI TRlli Rea of, / • r! l~ i, SU1MITTkD 7 ~1 ~ $ - UIOWi80N I LOT 1lr 01VI LROAL OISCRUIIOTI 2 0 NEW CONITAUCTION Inane jr. NAM( 0P P10P Rt Y OWNtR t knu , / r ! ~!ry ' r ' I i eU 7/ U l r 1' 3 "'r 1.rr. ~ Y r . 4 NAM( OF IUIINli OWNt0t4 SS S . , ot1L! FOUND OILAI 0I11/(PAPA W,, wAlll O !/ROCK O PAN141NO Roof TrrE. 91 IIA 1Lf a OM1 tI ~atltl---- O 6 m. Flooli. 0 ut! 11L1 acam OYINYI QI~1O1nU WAIIS Q I ICK 1101NO IOOPINO: 0 WOOD Q COMP. o iroh ~~p Pnene HAMI Of CONTRACTOI 4refl Cny 7 1PAn$ INDICATE 8 UIE OP IUIlDtNO 1411CR111 IUIIN0 01 UNITS 10 CONSTIU:Ta 41 , i~l 1KOp 7NIw Ron d10N C1AL11RATION rREPAII 0SPAS /HOTto%$ I r yy•}}+ • 00(MOLRION 0 MOYINO 01. POOL ; 'III.C01701CONl1EUCTION I • 3J~'~~ I Irv' DUCI1111WOR9 , ' r.• 11 TO IIDONI NEI.u a ~lw1+L~M I'.t+r J I~ri Te+ /A.. t ;+IC+ . a T'- bareee IOTA( 10. n, ` 1 1 u f lea...- 12 T01A1 IILboI AREA j v OWIUCTUI! tndFfeer •L'•:• _0#'? ` NOTICM A WItDINO P11M11 Mu1T 11 OJINN ID POI ANY CONITAWON 110"'Nb A PIRMIT PRIOI to COMMINCEMINT 01 CONSUXI ON. 4ONf1ACTORI ASS 114WRID If tAW to CONTAC1tNII01114144INIP1CtIONS IIPOII ANY W moNtw}gi\, I hereby eaulP AH I1e•e reel enl Henantl A4 ePNltedee en/ Iner rAe µTe h N Ira! a ar A l y j`' i n~ I pefitemellewlenlulsnenulpe.emtnldNlypeef.erl.INNalepndwlhr+ANAaeµ d rote ~„~f' Aa The re IM e1 P 040" deee net Pnwlae h five 1.I441 h 11e1601e of lenul tN pe+L' of nr tl~ er!feel :ieldernpIVAI'veceeof K,epalorneueeltemlredee6 \ (ION ATUAE OP AP1lrCAN1: r..t } e' ' q• 00 NOT WR1f1 BILOW TNII LINO pll; O VAIUI TYPE CONP, I~A}33 OCC• i0NINO DATE ISSUED `EOVED IY ut7,uv0 v f~l Sri/IL- ~ C. 6102. Zt~'+-1 L SIAiII~EMA11x3, Idd+Ifpeted 104deo6 ~6,0a - -W P43c IkJAf ICW CA tiShi loo mckulpICI Plee Review 1046819 0kk(,N s W I I} r e.1 5W p•,( V4 Sew his C,04cP 6tDbP iS r 10 i!i-WnAxt of GP~TIFrUtI' DE londreope 1046616 W-- Op-C. VIJAAx,t Gruhcele el OJeu ene 1046611 r CbSMALA &AJJJ 1 VI( Peet, I , Mel Tut, 100401 I efw b donele en *Mum of LnenEY a uel le 1/6 e1 A 61 Ile pJn+eUKen 100.6411 velue el 11LII~e6N lolhe CNP ol0enfen erllrvN land. MLwlnf f004e10 YN 0 No • 11 2 El 32x • 0 MECHANIC'S LIEN NOTE Date:. September 22, 1995 Makers JOHN H. MORRIS and wife, DONNA L. MORRIS Maker's Mailing Address (including county)i 815 North Locust, Denton, Denton County, Texas 76201 Payee: ROBERT COOPER Payee, a Mailing Addre (i olud!Voun!~) i 39 j I County of Executions Denton Place for Payment (including county)t 215 West Hickory, Denton, Denton County, Texas 76201 Principal Amounts SEVENTY THOUSAND AND NO1100 ($70,000.00) DOLLARS Annual Interest Rate on Unpaid Principal from Date of Funding: BANK ONE, TEXAS, N.A. base rate plus one percent (1,004) per annum, as the same changes from time to time, Such interest rate in more completely defined as follows: Interest at a fluctuating rate per annum which shall be equal to the lesser of (a) the Maximum Rate, as defined below, or Sul a rate, calculated on the basis of the actual days elapsed but computed as if each year consisted of 365 days, equal to the mum of (i) the Base Rate of Interest Ithe "Base Rate") an established from time to time by Bank (which may not be the lowest, best or most favorable rate of interest which Bank may charge on loans to its customers) plus (ii) one percent (1,004)1 provided, however, that if at any time a rate of interest specified in (b) preceding shall exceed the Maximum Rate, thereby causing the interest on this Note to be limited to the Maximum Rate so provided in la) preceding, then an subsequent reduction in the Base Rate shall not reduce the rate of interest on this Note below the Maximum Rate until the total amount of interw accrued on this Note exceeds the amount of interest which would have accrued on this Note if the rate specifled in (b) preceding had at all times been In effect, The term "Maximum Rate," as used herein, shall mean at the particular time in question the maximum rate of interest which, under applicable law, may then be charged on this Note, If such maximum rate of interest changes after the date hereof, the Maximum Rate shall be automatically increased or decressed, as the came may be, without notice to Borrower from time to time as of the effective time of each change in such maximum rate. If applicable law ceases • • to provide for such a maximum rate of interest, the Maximum Rate shall be equal to eighteen percent (184) per annum, All past due principal shall bear interest from the date of maturity hereof , j until paid at a rate of interest equal to the Maximum Rate, MLCMANICIa LItN NOTE, Pa91 1 11 ~ In 32I❑ r. 0 -Iw U The beginning rate of interest is nine and three-quarters percent (9.7St1 per annum, Annual Interest Rate on Matured, Unpaid Amountst 18.00t per annum Terms of Payment (principal and interest) s Both principal and interest are due and payable on or before thirty (30) days from date hereof. Security for Payment Liens Created in the Following Mechanic's Lien Contract Between Maker and Payee or Contractor Datet September 22, 1995 , Trustest LOUIS WILLIAMSON Contractors ROBERT COOPER Property (including county)t Being a part of Block 2 of Ferguson Addition, an Addition in the City of Denton, Texas, according to the Plat thereof recorded in Volume 64, Page 274 of the Deed Records of Denton County, Texas and also being situated in the B,B,B. & C. Railroad Company Survey, Abstract Number 185 and being all of that certain tract described in the deed from Richard E. Oladman to John H. Morris at ux, recorded under Clerk's File Number 95•R0024783 of the Real Property Records of Denton County, Texas as recognized and occupied on the round) the subject tract C_ being more particularly described as followst BEOINNINO for the Northeast Corner of the tract being described herein at a 1/20 iron rod found for the Northeast Corner of said Morris tract in the apparent East line of said Block 2, in the apparent West line of North Locust Street, from which the Northeast Corner of said Block bests by call North s distance of 74.2 feeti THENCE South 00 Degrees 09 Minutes 15 Seconds East with the monumented West line of said Street and the monumented East line of said Block a distance of 74.20 feet to a chilsed "x" set in a concrete drive for the Southeast corner of said Morris tract, same being the Northeast Corner of that certain tract described in the deed to John H. Morris at ux, recorded in Volume 3097, page 470 • Real Property Recordsf THENCE North 69 Degrees 58 Minutes 44 Seconds West with the common line of said two Morris tracts savoring said drive part of the way a distance of 189,04 feet to a 1/2" iron rod found for the Southwest Corner of the first mentioned Morris tract and the % Northwest Corner of the second mentioned Morris tract) THENCE North 00 Degrees 21 Minutes 16 Seconds West with the Welt line of the first mentioned Morris tract along and near a fence a distance of 74.46 felt to a 1/20 iron rod found for the Northwest Corner of the first mentioned Morris tract, same being the r Miewic's Lit" NOTS, fall l 13 ; - Tyr r 25 X 10 32xIa 1 VAS Southweat Corner of that certain tract described in the deed to Charlotte Pennington recorded under Clerk's File Number 93•R0047606 Real Property Recorder C THENCE South 69 Degrees 54 Minutes 00 Seconds East with the North line of the first mentioned Morris tract and the South line of said j Pennington tract a distance of 189.31 feet to the PLACE OF BEGINNING and enclosing 0.323 of an acre of land, more or lees, This note incorporates and is subject to the mechanic's lien contract. Maker promises to pay to the order of Payee at the place for payment and according to the terms of payment the principal amount pplus interest at the rates stated above. All unpaid amounts shall be due by the final scheduled payment date. if Maker defaults in the payment of this note or in the performance of any obligation in any instrument securing or collateral to it, and the default continues after Payee gives Maker notice of the default and the time within which it must be cured, as may be required by law or by written agreement, then Payee may declare the unpaid principal balance and earned interest on this note immediately due. Maker and each surety, endorser, and guarantor waive all de,r,,lknds for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, protests, and notices of protest, to the extent permitted by law. , Maker may at any time make full or partial prepayments on the principal without paying any penalty, in addition to making regularly scheduled Fayments, Unless Payee agrees otherwise in writing, partial prepayments will not alter the dates or amounts of regularly scheduled payments. Payee may require that any partial prepayments be in the same amount as regularly scheduled payments, if this note or any instrument securing or collateral to it is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through probate, bankruptcy, or other udicial proceeding, then maker shell pay Payee all costa of collection and enforcement, M including court coats and reasonable attorney's fees paid to an attorney who is not an employee of Payee, in addition to other • amounts due. Reasonable attorney's fees shall be 10k of all amounts due unless either party pleads otherwise, Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law) any intermit in excess of that maximum amount shall bfb credited on the principal • of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess • • shall be canceled automatically is of the acceleration or prepayment or, if already paid, credited on the principal of the debt, or, if the principal of the debt has been paid, refunded, NCCHANIC'e LUN N049, Pale 1 14 ; I~ ❑ ~C1 32 x This provision overrides other' provisions in this and all other instruments concerning the debt, Each Maker is responsible for all obligations represented by this note. When the context requires, singular nouns and pronouns include the plural. h, MORRIS (T-ZPkA-j ti DONNA L. MORRIS r For end in consideration of the sum of TEN AND NO1100 DOLLARS ($10.001 and other good and valuable consideration, the undersigned does hereby sell, transfer and assign to BANK ONE, TEXAS, N.A. this note together with the Builder's and Mechanic's Lien and any and all other liens securing the payment of the same. Dated this 42nd day of September, 1993. G ROBERT .14 N l t► ~i i JI t MICBlWIC'a LItN Note, Page 1 13 ~ x t 32 X I O r EXHIBIT 1iOu C. SURVEYS Instructions! 1) Attach subdivision map or Old Town Plat= 2) Attach copy of old surveys you have and the on-the-ground survey when you purchased the property, or a current on-the-ground survey locating ell improvements, Moments, access to public tads, public improvements, encroachments and protrusions. I l i I ~a i i C WWI 16 25h~q 32XIC + 0 i -Argon o ,:,u "+5~' + i ~A14r , ~ J Q log .1 w lJ = ? 1I1• ~,~r•, i~ i 2,74 2s x 10 32x11 0 1 pbyT. tr1Ss~~aar ~ryt F~~t..~~~r4 Ale, A' 14 r, a 0.1 + (Sft t•it MAP at ' ~ M K ~ r!I ~~gal Fr, M ra[1 r i yaY ~ ~ i %aaag$ Jt T N U. Q - I 'o~~ Gii' fR.YYG aY. V It IOa' ~ y ,u ~~Lft K i r V , C /1 a O' Y 1 n w f A ~ w M'ur 4~• a.aaYa! ~yy ~r~tw11 N j ,,~~•77,, TLMJ! Ht Q Y~ wm1 le Y~ Y M I~16J OY , ~t G~. ~ ~ M 7 1 w , 111 /Yw (,l is MJV.v eu ~ 1 I ~ w,fNrrl ft. l 111 L.nT rt-•• I I 1 f s , i EXHIBIT uEn EXTERIOR PHOTOGRAPHS Instructionst Attach at least four (4) photographs of the exterior of the property, one from each direction (North, East, South, Welt). Also, attach photos emphaiting particular architectural detail, outbuildings, and landscaping, (All photos shall be 7 x 5 or larger.) Mlk/P 14 i j - - 25x: 32X1111 i v wn~ I ~ I, 61 M+~ . 1 +If 4 v y ,R i a` w .PVT J1` I 1' 4 Y= i 111 ' Y ON -4 rlal.',~, .~q ."vw~~aailf^.~.~ 20 O I I f x ~ 32xl El • 0 EXHIBIT °f° Criteria to be used in Historical Landmark Designation i The petitioner will be responsible for furnishing data to the Planning and Development Department for submittal to the Landmark Commission substantiating that the property meets at least one or more of the following 13 criterion for Historic Landmark designation: 1, Cnaracter, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. 3. Embodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. 5. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. 6. Relationship to other distinctive buildings, sites or areas whicn are eligible for preservation according to a plan based on architectural, historic or cultural motif. 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. 8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistorin interest. 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. s I lo, Location as the site of a signiticant historic event. It. Identification with a person or persons who significantly contributed to the culture and development of the City, State or united States. 12. A building or structure that because of its location has become p of value to a neighborhood, community area, or the city. 13. Value as an aspect of community sentiment or public pride. ~I 2151k/10 }1 32x~ 7 c-, a I EXHIBIT "0" { I/We, the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file tnis, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance 181-30 of the Code of Ordinances of the City of Denton, Texas. I/Ne herewith tender the filing fee of sixty-five dollars ($65,UO). I/Ne authorize the City of Oenton to place a sign or signs on the above property for public notification of Lie proposed historic designation. Name J Address City-- State ;4>;r7- Pnone • 'S/, e~// T Submitted this day of t?~ Gc.. ~•.~i/ 199 C. r' i 21S1k/11 22 / I I 4 K ICJ 32XIIJ t OPTIONAL INFORMATION INTERIOR PHOTOGRAPHS , Instructionsa At your option, you may attach pnotes of interior architectural details that add to the character of the house, a i 21b1k/12 z 3 , 45 X ~I A 32013 s {r r 1 1 . 1~ 1 ~ 24 h ~ e e ~ o e Aft, 7h 32xl❑ • aaara. . o EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION January 7,1998 The regular meeting of the planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, January 7, 1998, at 5:30 p.m, in the City Council Chambers at City Hall, 215 E. McKinney, Denton, Texas: Present: Elizabeth Gourdie, Jim Powell, Susan Apple, Ellen Schertz, Rudy Moreno, Carol Ann Garter and Jim Engelbrecht Absent: None Present from Staff: Mike Bucek, Assistant City Attorney; Mark Donaldson, Assistant Director of Planning; Ed Hodney, Director of Parks and Recreation; David Salmon, Engineering Administrator; Donna Bateman, Senior Planning Technician; Wayne Reed, Planner 1 I 6. Hold a public hearing and consider making a recommendation to the City Council concerning designating 815 North Locust a historic landmark ("H" zoning designation). Chairperson Schertz: item number 6 is a public hearing. Hold a public hearing and consider making a recommendation to the City Council concerning designating bIS North Locust a historic landmark ("H" toting designation). This evening, I wilt open the public hearing, and we will hear from Ms. Williams. Ms. Denisha Williams,. Get all of our technology reactivated down here. It's warming back up. It's not going to work. Sorry. Everything's gone to the "power save" mode down here. Madam Chair and Commissioners, my name is Denisha Williams, and I'm here this evening wearing my hat as Preservation Officer and staff liaison to the Historic Landmark Commission. John and Donna Morris, owners of 815 North Locust, have submitted an application for historic landmark designation for this property. First, let me show you a map. The property is located on North r Locust just south of Ferguson Street. And we'll go back to... Mr. Powell: Could you show me where 380 is or something other than Ferguson Street. I'm not familiar with Ferguson Street. Ms. Williams: Okay, It Is between-it Is south of University and north of downtown. It's near the TWU campus. Nit. Powell: Thank you very much. Ms. Williams: All right. We are-I think I need help with this. I'm sorry. Oh, it's back. It did come back up. This Is a photo of the property. The property has been-the request has been 75 - - ~A 2r x ~Q 32xIO mommommosm 0 Planting and Zoning Commission Minutes January 7,1998 Page 2 of 9 l made to designate the property with a historic zoning designation. The request has been submitted under a number of categories or criteria. These include embodiment of distinguishing " characteristics of an architectural type or specimen; embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, state or United States; and a building or structure that, because of its location, has become of value to a neighborhood, community, area, or the city; and criteria 13 - valued as an aspect of community sentiment or public pride. The application does effectively document that the structure at 815 North Locust meets several of these criteria. It was originally constructed about 1912 or 1913 by Denton resident Myrtle Brownlow. In 1920, the second story and front gable were added in order to accommodate boarders. The house remained in the Brownlow family until it was purchased and renovated in 1991 by John and Donna Morris. It Is currently in use as the Redbud Inn Bed. and Breakfast. The approval of this application would not change the primary zoning designation of the property, which Is commercial-it's zoned commercial. It does provide an overlay zoning to the property which affords the property additional protection. Specifically, any future changes to the property---exterior alterations-would have to be reviewed by the Historic Landmark Commission; and it does also provide the opportunity for the owners to apply for a 50% tax reduction In their City property tares for a period of ten years. 1'd be happy to answer any questions you might have. r Chairperson Schertz: Thank you. Are there any questions from the Commissioners? Commissioner Gourd it. Ms. Gourdie: I was just wondering as 1 was reading through this, this is very well done, this is very well done. Nis. Williams: It Is. I Ms. Gourdie: I am curious why there is a 50°/a tax relief on it, on a historical building. Ms. Williams: The basis of that is that it provides an incentive for the historic landmark designation, and it also provides incentive to help defray the cost of preservation work-work that is done to preserve the structure. i Ms. Gourdie: Thank you. Chairperson Schertz: Seeing no further questions, we appreciate your time. Mr. Powell: Excuse me. I didn't push the button, but I have one. Next time I'll push the button. S 0 t! Chairperson Schertz: Commissioner Powell. Mr. Powell: Excuse me, How does this affect the zoning and/or the property values of the Immediate neighbors? 26 - 75 ~a 32XIO 0 `AFI I Planning and Zoning Commission Minutes ]anuary7,1998 Page 3 of 9 l' Ms. Williams- Well, in general-now, it does not affect the zoning of the immediate neighbors at all. It is an overlap that only applies to the property that has applied for the overlay zoning. It is not a part of the district. It is an individually designated property. Now, there is an additional-the item after this is the property next door in a separate-in a separate case, 821- that's owned by the Mortises as well-but as far as surrounding property owners, it does not have any impact. However, we do follow the same notification procedures, and I'm glad you asked that. We sent out notices to property owners within 200 feet of this property. We sent out 20 notices. Only two were received back, and both were in favor. Mr. Powell: Let me tell you why I'm asking, and then perhaps you can help me out here. I recently bought a piece of property that's in the downtown historical district, and I dreaded doing it for fear that ahen, if 1 ever wanted to make a change on it, I knew it was going to be heartburn and grief, you know. Even though a change might be needed for structural reasons or repairs or whatever, I could see long and involved negotiations with the City, and that's a nightmare I didn't want to get involved with but probably will have to. Does the neighborhood-do the neighboring structures suffer any of that here if they want to change, remodel, add rooms or whatever to their structures; are they stuck with any of this historical situation? Nis. Williams: As I said, this overlay zoning only applies to the property in question. Mr. Powell: Thank you. Ms. Williams: Okay. Chairperson Schertz; Thank you. Commissioner Apple. I'm sorry. Mr. Bucek: I want to make one comment. I don't want you to feel comfortable; even though, you know, that historic district - if you're in a historic district right now, and you want to do something to the exterior of that building, you could violate another ordinance, Commissioner, If you don't run that by the City. n Mr. Powell: I know that. Ms. Williams: Thank you. Yes. There Is a distinction between the historic overlay zoning as an individual property designation or a district. And we do that... Mr. Powell: Oh, I understood that difference. • Ms. Williams: We have the Oak-Hickory Historic District. Thank you. • • € Mr. Powell: I understood that difference, I Just didn't know for dead sure if this historical designation would affect tho neighbors Inclose proximity. If it doesn't, I'll hush. I'm out of it. l Thank you. 2? r, 75 x.Id 32XI❑ I` 1 In Plannipg and Zoning Commission Minutes January 7, 1998 ff Page 4 of 9 l Chairperson Schertz: Commissioner Apple. Ms. Apple: This is just probably a typographical error, but I Just wanted to clarify it. In the minutes from the meeting of the Historical Commission, it says, "the application indicates that the structure was built in 1902..:" and, never mind. That's 821. I answered my own question. his. Williams: Oh, I guess the next... right. It is confusing because these two applications are so similar. Ms. Apple: Thank you. Chairperson Schertz; Thank you. Seeing no further questions, we appreciate your time at this time. I will now ask for people to speak In favor of this item, and I would like to begin with Mr. Esthan. Is he still in the audience? Seeing that he's not, I'll show that he was in support. Is there anyone else to speak in favor? Anyone to speak in favor? Hi. Would you please give your name and address? Nis. Donna Mortis: Good evening, I'm Donna Moms. I live at 815 North Locust. My husband John is stuck In Boston tonight, so I was assigned to do this. I would appreciate your positive votes on this action. ['it be as brief as possible. We bought this house in 1995. It wxs abandoned. There were bums living in it. There were holes in the floor. There were windows knocked out. There was-people rented The Money Pit movie for me to loot; at, and we spent eighteen months remodeling it, refurbishing it, putting it back together, and opening the Redbud Inn Bed and Breakfast. I think it's a great asset to the city of Denton. We were the first bed and breakfast here, and now then are six. And there a lot of reasons that I could go Into why it should have it historical designation, but you don't want to hear them tonight If there are any questions, I'll be glad to answer them. Chairperson Sch"r Thank you. Commissioner Powell. Mr. Powell; Ms. Morris, I was in that house when it was In the condition that you're speaking of. I often look at probable rental property or possible rental ;'eces, and I want to tell you you've done a wonderful job. That's phenomenal what you folks have done. That was a disaster and you have made it a great thing and I just wanted to point that out. Ms. Morris: ]hank you. Chairperson Schertz: Thank you. Seeing no further question.... I'm sorry. Commissioner Engelbrecht. + r Mr, Engelbrecht• I again also forgot to push the button. How does th"o you--to what extent do you perceive that the historic designation Impacts your ability to function as a bed and breakfast. 28 Kla 32 Xia • 0 ss Planning and Zoning Commission Minutes i January 7, 1998 r Page 5 of 9 Ms. Morris: It's a real asset. For one thing, we'll be-the first thing I'll do is start looking. working for a historical designation from the state of Texas. I will join HATS, which is Historical Acccmmodations of Texas Association. I'll be able to advertise it as a historical hotel accommodation, and it will be a real asset to us. Mr. Engelbrecht: Thank you. Chairperson Schertz; '['hank you. Seeing no further questions, we appreciate your time. Anyone else to speak in favor. Anyone to speak in favor? Is there anyone in the audience to speak in oppositior? Any opposition? Seeing none, I would ask the petitioner if she had any other remarks she would like to make? None? Thank you. I will close the public hearing and ask Nis. Williams if she has any final remarks. Ms. Williams: My only comment is that staff does recommt nd this item, and also that the Historic Landmark Commission at its regular meeting of November 10 unanimously recommended approval of the item. Chairperson Schertz: We appreciate it. Thank you. At this time, I would entertain a motion. Mr. Powell: Madam Chairman, I would move that we recommend approval to the City Council. C. Mr. Engelbrecht: Second. Chairperson Schertz: Let the record reflect that Commissioner Powell made the motion, and 1 Commissioner Engelbrecht seconded it. Now, is then any further discussion. Commissioner Apple? No? All right. Thank you. 1 apologize, We're working with new computers and screens, and we're all getting used to it, At this time, l will ask the people to cast their votes if you'll give me just one second. Okay. At this time, would you please cast your votes. The votes have been cast. We will now display. The motion passes unanimously. 7. Hold a public hearing and consider making a recommendation to the City Council concerning designating 821 North Locust ■ blsto:ic landmark (°H" zoning • designation). Chairperson Schertz: ltr:n number 7, Hold a public hearing and consider making a recommendation to the City Council concerning designating 821 North Locust a historic landmark, I will open the public hearing and ask for Ms. Williams to begin the discussion. ' • Ms. Williams: Okay. I'm back to talk about she house next door-821 North Locust • let me get Q • u this photo up for you. Well, maybe I'll request some help in getting this photo up and go ahead T and read the rest of this while I get some help. Okay. 821 North Locust Is being submitted for historic designation under basically the same criteria as 813 North Locust. The only exception Is that it Is also being submitted under criteria number b which Is the relationship to other ~i 29 . - 25x1© 32x10 • 0 Planning and Zoning Commission Minutes January'7,1998 Page 6 of 9 C distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on architectural, historical, or cultural motive, I guess the relationship is fairly clear, since we just discussed the house next door. The structure does clearly meet several of the criteria for historic overlay zoning. The house was constructed in 1902 by A.E. and J.M. Hord. Throughout the years, the property has been owned by numerous different owners. It is currently in use as the Magnolia Inn Bed and Breakfast and Giuseppe's Restaurant. The current owners, John and Donna Morris, have also worked their magic on thin structure as well; and the interior of the structure is particularly appealing. Some of the unique features of the house include balloon framing and a fairly complex cross-ventilation system. Once again, this would be an individual historic overlay zoning designation; and, as in the previous application, we did notify property owners within 200 feet of the property. Twenty notices were sent. Two were received back and both of those were in favor, No, we received no opposition to this request. Chairperson Schertz: Thank you. Are there any questions of the Commissioners? Seeing none at this time, thank you. Is there anyone in the audience that would like to speak in favor? Would you please give your name and address one more time. Ms. Morris; I'm Donna Morris. I live at 815 North Locuai and "ditto:" Chairperson Schertz: Thank you. Very well said. Anyone else to speak in favor? Anyone in favor? Is there anyone to speak in any opposition? Any opposition? Seeing none, I will assume ! that the petitioner has no further comments; and I will close the public hearing, and ask Ms, Williams if she has any final remarks. Nis. Williams: Once again, staff does recommend approval of this application, and the Historic Landmark Commission also unanimously recommended approval of it. Chairperson Schertz: Thank you. We appreciate it, and Mr. Engelbrecht has a question. Mr. Engelbrecht: Ms. Williams, if I might-on this particular structure, there's a wrought iron upper level porch, or whatever, and stairway, One of the goats, at lewt as I've always understood it, for the historic designation and etc. is to maintain the architectural character of the, certainly the facility, frequently the whole neighborhood, et: And I recognize this was necessary, a-some sort of stairway, etc, was necessary In order to utilize the structure two ways. I guess my question is, wouldn't it be more appropriate to make sure that that part of the structure is-meets the architectural style of the general structure. I mean, I would doubt that anyone normally could put something of this nature in a historic structure and get away with it. Once it's designated historic, I doubt that they could put that on there. So I ask, I have a question about why we would do this sort of thing-give historic designation when we've modified it • outside of its historic character. >a • Ms. Williams: Okay. Well, let me-there are several issues on that that are pertinent. Number one is that the ordinance that sets forth thirteen criteria for designation, and some of them are / directly tied to, you might say, architectural purity; but there are a lot of criteria set forth for 30 32 x I❑ i l ~ i 0 Plann~ig and Zoning Commission Minutes January 7, 1998 Page 7.of 9 i C. I historic landmark designation in our ordinance that are not-don't require that the structure, they don't prohibit-the ordinance does not prohibit a s :+ctu;e from being designated if it has had F some modifications prior that we might not approve,) t,u le low, if we'd had some review. That is a tricky issue because the metal staircase, some type of r.,etal Alircase, would be required by i fire codes for the bed and'oreakfast second floor usage. In a case like this, if the structure were already a historic landmark, the certificate of appropriateness would be required and, at that point, I would say that probably it would not-that that staircase might not be approved under certificate of appropriateness. We might took at what alternatives could my do-you know, could we put it in the back, could we, you know, how could we do that differently so it provides additional protection in the future. Mr. Engelbrecht: Okay. Thank you. Chairperson Schertz: That's a good question. j Ms. Williams: Yes, it is. Nis, Morris: Could I speak? Chairperson Schertz: Certainly. 1 don't know. You said so much the first time, C Nis, Morris: When we were refurbishing the house and so forth, of course, we had the City Planning and Fire Department and everybody going through telling us what we needed, And I started early on trying to find the history and so forth. The earliest picture we could find of the house was 1952 or something like that. At that time, there was an external, metal stairway on that. The staircase goes the way it does because of fire code. The first one that was on there, the picture that I have-it came out the side and came straight down toward Locust Street. But that's the earliest picture I-there is, has been a balcony on that house since the 40s, and that was the earliest that we could find. Dir. Engelbrecht: Do you know whetber-so, you're saying there was a metal porch and a metal stairway on that structure at some point in time. • Nis. Morris: Yes, yes. We were not the first--in fact, it laid out in the front yard for six months before we could get it hauled away. Mr. Engelbrecht: But you don't know whether it was put on with the initial construction or whether it was an add-on at some.,.. • Nis. Moms: It was an add-on at some time, but the house was in the-in the 50s, it belonged to • • the McKenna family, and the house was used at that rime--and that's when, that's where I got my picture from. k 10~ 31 10 32X10 to Planning and Zoning Commission Minutes January 7,1998 Page 8 of 9 Mr. Engelbrecht: Since you've come back, I'll ask you, don't, you know---didn't you feet uncomfortable with the structure in terms of the fact that it detracts from the general architectural... Ms. Morris: Oh, yes. Mr. EngeIbrecht:...character... Nis. Morris: Oh, yes. Mr, Engelbrecht: of the home? Ms. Morris: Oh, yes, we did. We tried two or three different things with the fire Marshall; other ways to have a second exit from the downstairs. And, I also felt uncomfortable with putting the ramp there up to the front porch, but ADA required it. And we don't have the money to go around buying old houses and just fixing them up. We have to be axle to do something with them after we do the, get the.... Yes, I was uncomfortable because of various other codes, we couldn't have it coming out the side of the house into the driveway. We couldn't have it going out over the back of the house where the kitchen is. That was the last possible choice. Mr. Engelbrecht: Was it required, was it necessary that you have a metal porch-I mean the stairway. I don't know whether the stairway needed to be metal; but did the porch and all have to be metal. Was that what the Fire Marshall required? Ms. Morris: Okay, the porch isn't metal, The porch is wood. There is a wrought iron... Mr. Engelbrecht: Okay the rail-the rail, Ms. Morris: There is it wrought Iron railing around it and down the steps, and the steps are concrete. That's the only metal is the railing itself. A Mr. Engelbrecht: Would the, would the...Yes. Excuse me, I'm sorry that I didn't say that correctly. Was the wrought lion railing the requirement of the "re Marshall as opposed to a railing that was architecturally consistent with the remainder of the structure? Ms. Morris: I'd have to say I don't know. Everything else about it I remember-the height and the slope ind everything else. Mr. Engelbrechu I understand. • ® • Ms. Morris: But as it whether it had to be wood or metal, I don't know. I think we chose- everything else we went with the Fire Marshall, so I'd have to say I'd be inclined to believe it C was. )2 I III l,^ .,M ;..t r~ n. In ;32X0 ?rsa~ar+ III 0 , Plannipg and Zoning Commission Minutes January 7,1998 Page 9 of 9 Mr. Engelbrechu Okay. All right, Thank you. I don't haze any other questions. And 1 didn't r mean to put you on the hot seat. 1 just._ Chairperson Schertz: Thank you for your time. Staff has presented their final remarks. At this time, I'll entertain a motion. Mr, Powell: Oo ahead, Rudy. Nit. Moreno: Madam Chairman, move approval. Mr. Powell: Second. Chairperson Schertz: Motion was made by Commissioner Moreno and seconded by Commissioner Powell. At this time, if I could ask the Commissioners to cast their votes, please. Mr. Engelbrecht: Could we have some discussion first? Is that possible? Chairperson Schertz; Sure. It doesn't give me that on my screen. Please. Nit, Engelbrecht: I just wanted to go on record as saying that I like this facility in general, And I like what's been done with it, and I like the fact that it's a money maker; but I'm going to vote against this particular designation because I don't believe that, if someone came in here with a property that's currently a historic designation and attempted to put this rail on here, they would ever get away with it. 1 don't think they'd be allowed to do it because of its inconsistency with the architectural style. And, I don't know chat kind of precedent this sets when we do that sort of thing; and particularly, now, it's still unclear to me whether, In fact, this metal railing was required or whether a railing that would be architecturally consistent with the facility could have been constructed. And, even if the metal railing is required, a facade in front of it that's architecturally consistent could have been put up there. And, I know that when they, when someone has a historic structure and they try to make a change, there is not very much room for maneuver on the exterior structure away from what-and Mr. Powell's going, "Oh my, here I i go"-away from the architectural character required. And, therefore, I'm afraid I'm going to vote against this. Thank you. Chairperson Schertz: Is there any further discussion? Seeing none, we will move to the voting 1 mode, and I would ask the Commissioners to please cast their votes. Voting is complete, and we will at this time display voting. Voting is 6 to I in favor and It passes. nr~t~,yrrt~~,nazotorss~~~sa / 33 25 10 32x10 0 M i i I~ f under which the application was submitted. Commissioner Ricks moved to l approve the application; Commissioner Norton seconded, The motion carried unanimously (6-0). V. Hold a public bearing and consider approval of an application for Historic Landmark Zoning for the structure at $21 North Locust. The public hearing was opened by Chairman Lowry, and the petition read into. the record. Owner Donna Moms spoke on behalf of the request by describing the interior features of the house as well as the exterior and construction features. The public hearing was closed with no one else speaking for or against the application. Preservation Officer Denisha Williams offered the staff recommendation to approve the application and added that there are many architectural features left intact on the property. A discussion followed concerning the architectural style listed for the building, While the application lists the style as American Pour-Square, the Historic Inventory refers to it as an L-Plan. Staff agreed to request a clarification for the records from Lila Knight, Historic Preservation Consultant, Commission members complemented the Morrises on their careful renovations of both properties. Commissioner Ricks made a motion to • recommend the property for Historic Landmark zoning. Commissioner Capps seconded, Motion carried (6.0). CAWNDOWMTEMPUkuUstI.10.&C 34 - Iran LJ 32XID . 77, • 0 I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY " LOCATED AT 821 NORTH LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARTICLE V, OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton having recommended that the property herein described be designated as a historic landmark in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, kFCTION L. That the property located at 821 North Locust Street, being more particularly described In Exhibit "A" attached hereto and incorporated herein by reference, IS hereby designated as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances of the City of Denton, Texas. SECTION tI. That said property herein described Shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter "H;" and the property herein described shall be subject to all terms, provisions and requirements of Section 35-215, Article V of Chapter 33 of the Code of Ordinances of the City of Denton, Texas, and rich designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to Such property. SECTION tH That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION [V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the c"ty of Denton, Texas, within ten (10) days of the date of its pass, :a. PASSED AND APPROVED this the _ day of .1998 ,t JACK MILLER, MAYOR • 35 . 25 Y iii 32XIO A €~s ATTEST: JENNWER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEM FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i t:wrrr*uocarooanrm~orwrviicocvem~nex 36 IY t '4P 26 K 1a` 32XIO sa..rrr EXHIBIT "A" All that certain tract or parcel of land situated in the H.B.B. & C.R.R, Company Survey, Abstract 185, City and County of Denton, Texas, being pad of Block Two of Ferguson', Addition to said City, plat of which is recorded in Volume 64, page 274, (previously referred to as Volume 64, page 247, actually Volume 64, page 274) feed Records of said County, and being part of a lot described in a deed from Tau Aiken to L.W. MacKenna et ux, on July 24,1957, and recorded in Volume 431, page 74, Deed Records of Denton County, and being more particularly described as follows: BEGINNING at a steel pin on the East line of mid McKenna lot and on the West right-of-way of North locust Street at a point South 74.2 feet from the Northeast comer of said Block 2 of Ferguson's Addition to said City, THENCE South with the West right-of-way of said Street 74.2 feet to a steel pin at the Southeast comer of said MacKenna lot; THENCE North 89 degrees 54 minutes West 189.0 feet to a steel pin at the Southwest comer of said lot; THENCE North 0 degrees 13 minutes 50 seconds West 74.2 feet to a steel pin; THENCE South 89 degrees 54 minutes East 189.3 feet to the place of beginning. '***NOTE the additional phrase in the legal description regarding a transposition of numbers which has been carved In previous legal descriptions. q1 • • r,~rr~e.o~uoua.oa,Mrnnorae~e«waoct~lotoa« 37 - r.. z.5 K1L7 32x~a to , t parndd No. ~ - ~ Apenda Item Dater ♦ CITY OF DENTON, TEXAS MUNICIPAL BUILDING a DENTON, TEXAS ?6201 TELEPNONESINW-W Otrhv of the Oy Secretary MEMORANDUM DATE: February 24, 1998 TO: Mayor and Meml m of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a listof current Board/Commission vacancics/nominations: Russell Elleven has resigned from the }Historical Landmark Commission. This is a nomination for Council Member Durrance, Mark Osbome has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Durrance. Brent Thornton has rnovod from the City of Denton and no longer eligible for the Sign Board of Appeals. This is a nomination for Council Member Beasley, E Terry has resigned from the Zoning Board of Adjustment. This is a nomination for Council Member Young. If you require any further information, please let me know. ~ ;r Jenn alt. • • J I, City reiary ACCOpOF4 'Delfeaied to Quatiry Smief" r 25 x 0 32 x o • I k ' 04/23/1998 11.14 940-349-8396 KEEP DENTON SEAUTIFU PAGE 04 i From the desk of Hark S. Osborne Attn. Ray Croff . President Cecil Carson Sherd Cambell To the Board Members, with great regret, I am submitting my resignation to the Keep Denton Beautiful Board effective February I5th 1998. You are a wonderful group of people, and I will miss you all very much You all work for a great cause, and please never lose your focus. With vA o daughters ages three and five years old respectfully, who I love very much, I felt that I was not spending or seeing enough of these little angels growing up'. ' t 2 They and my-vd& Busy are the most important people in my life!!! There are also great demands at my new job, which are very time consuming and thus this decision, • 1 wish you the best in 1998, If I can be of any help in some small way please do not hesitate to call me • Sincerely, ~ • • Mark S. Osbome 25 x 10 32 X I O s o ' CITY OF DENTON, TEXAS CITY HALT: WEST + 221 N ELM ~ DENTON TEXAS 1620f (617)566.6100 + DFW METRO 4344629 MEMORANDUM DATE: February 20, 1998 TO: Jennifer Walters, City Secretary FROM: Donna Bateman, Senior Planning Techniclan Wayne Reed, Planner I I$--, SUBJECT: REPLACEMENT MEMBERS FOR SIGN BOARD OF APPEALS AND ZONING BOARD OF ADJUSTMEN'T' 1 Due to a shortage of members on our boards, we request that you Initiate any action I necessary In order to obtain now board members. The following board members have either requested to be replaced or have moved outside of the city limb. Member Name Board Name Beason for rg acement Brent Thornton Sign Board of Appeals Moved to New Braunfels r Ed Terry Zoning Board of Adjustment Work Conflicts • I We expel to receive a letter of rasignatlon from Mr. Terry but would like to Inform you of replacement needs at this time, If you need further information or need any assistance, you can reach Doran at extension 8351 or Wayne at extension 8353. 'fhJrrurrQ ro Quality StrvL~~" 2 ''i ~ 32 X I a k I 1.. . F + 1 } } i ~ "Ic q `'rr i t n x . i. a , t r i , . i, ~ ~ ~ ~ i ' . . L ~ Y. 3 ~ ~ - s . N ~ I - ■  ~ L. : f i~ t \ . i'::~ t, ~ 1~ ~ t ~ ~ ~ 1 ~ ti, , r i,. I. r ~ . r r , L ~ a.. ~ P i J i. L :,i'1 i i. F i~~ 1.. ' l I ; f. ~ i 1 ~f ~ ~ 1 { " t' ~7 H ~ x ~ ~ i 1 [ ~ 1 ~ a ~ S i ; ~ ' +t i,., ~ r I~ t r i A e, ~ ~I F ~ ~ 1:', .l . .ff, J r v . 1 J f r ` - I t f.y 4%1, 1y 4 k' I, 'k I~.FF1f+~ 1 k ,l I t'1: % Lr L y "Ihl 1 ,I 1 Iw 4 r [[yy~~{( ° 1 1 1 1wA % 1 I 1f1 '..ri h, `'14'I , r. 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