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City Council Agenda Packet
May 19,1998 `
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AGENDA Agenda No.-_"1 ~DJ!__ _
CITY OF DENTON CI I'Y COUNCIL Agenda Item rn
MAy 19, 1996
After determining that a quorum is present and convening in an open meeting, the City Council
will convene in a Closed Meeting of the City of Denton City Council on Tuesday, May 19, 1998
at 5:45 p.m, in the Council Work Session Room at City Hall, 215 E, McKinney, Denton, Texas,
at which the following items will be considered:
I. Closed Meeting:
A. Consultation with Attorney-Under TEX. GOVT, CODE Sec. 551.071
1, Meet with City Attorney to consider strategy, discuss status, appointment
of a represenrative for possible mediation, and possible settlement
authority in litigation styled Demon County Historical Museum, Inc, v.
Denton County, Texas and City of Denton, Texas, et al,, Cause No. GC-
98.00098-C filed in the Probate Court of Denton County, including, but
not limited to issues related to allegations of breach of contract and
ownership of artifacts.
2. Consider and discuss settlement of litigation styled City of Denton, Texas
v. Redi-Mix, Inc. and Shmin %itk Cause No. 9640752.362, filed in the
362"" District Court of Denton County.
B. Conference with Employees - Under TEX. GOV'T. CODE See. 551.075, The
Council may receive information from 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 MFEIINO OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
FAiPLOYEFS WILL ONLY BE TAKEN IN AN OPEN MEEIINO THAT IS HELD IN
COMPLIANCE W17"ll TEX. GOVT, CODE CH. 551, THE CITY COUNCIL. RESERVES
IHEs RIGIII TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AU THORI7.ED BY 1'EX. GOV'r. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON [IS OPEN MEETINO AGENDA OR TO RECONVENE M A
CONTINUA"IION OF ]III: CLOSED MEETING ON 171F, CLOSED MEETING ITEMS
N'ODA) ABOVE:, IN ACCORDANCE d'1111 THE TEAS OPEN MEETINGS ACT,
INCLUDING. WI1 ROUT LIMITATION, SECTIONS 551.011-551.085 OF THE OPEN
M111" I %'GS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, May 19, 1998 at 7:00 p.m. in
the Councii Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
I 1. Pledge of Allegiance
A, U.S. Flag
LJ. Texas Flag
"Ilonor the Texas Flag -1 pledge allegiance to thee, Texas, one and indivisible,"
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City of Denton City Council Agenda
May 19, 1998
Page 2
CITIZEN REPORTS
2. Receive a report from Laura Drumb with the Alzheimer's Association regarding an
overview of services they provide and the new branch office in Denton.
3. Receive a report from Dessie Goodson complimenting the City of Denton.
4, Receive a report from Deborah Keller regarding flooding on W. Collins Street.
CONSENT ACEND-~
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listcd 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 5-8). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdrew an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 5.8 below Hill be approved with one motion. If items are purled for
separate discussion, they will be considered as the first items under "Items for Individual
Consideration." A citizen may not speak or fill out a "request to speak" form on an item on the
Consent Agenda unless the item is removed from the Consent Agenda. The speaker shall be
alloHCd to speak and the item shall then be considered before approval of the Consent Agenda.
5. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
lockbo.e services; providing for the expenditure of funds therefor; and providing an
effective date. (Bid 02197 - Lockbox Services awarded to Bank One in the amount of
$5.593.06 per month or 567,116.72 annually)
6. Consider approval of a lax refund to Title Resources, account 0105139, in the amount of
$623.92. the 1997 taxes in the amount of $623.92 were paid twice, once by Title
* Resources on December 10, 1997, and once by G.E. Capital Mortgage Company on
! December 17, 1997, resulting in an overpayment.
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7. Consider approval of a tax refund to K. We [frown, account 0033887, in the amount of
5947.85, The 1997 lazes acre paid twice, once on October 30, 1997, and once on
January 30, 1998, resulting in an overpayment,
8. Consider adoption of an ordinance authorizing the City Manager 10 execute a professional
! services agreement with Carter Burgess, Inc. for Unicorn Lake engineering services; 0 !
authorizing the expenditure of funds therefor; and providing an effective date.
PUBLIC 11 EAR1NQ
9. Hold a public hearing and consider rezoning Tract 133A, N. Meisenheimer Survey
(Abstract 811) Denton County, Texas, from a Single-Family 7 (SF-7) zoning district to a
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May 19, 1995
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Two-Family Dwelling (2-F) zoning district, The undeveloped 0.44-acre parcel is located
on the east side of Bolivar Street, South of Headlee and North of Fain Street. The
proposal is to construct a duplex. (The Planning and Zoning Commission recommends
approval 5.0.) (Z-98-010)
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10. Hold a public hearing and consider an amendment to the concept plan and consideration
of a detailed plan on 45.139 acres zoned Planned Development l l I (PD-111). The site is
located on the east side of Nowlin Road, approximately two thousand two hundred
(2,200) feet south of Robinson Road. (The Planning and Zoning Commission
recommends approval 5.0.) (Z-98.016)
11. Hold a public hearing and consider approval of a Specific Use Permit to allow a remote,
off-street parking lot in a Single-Family Seven (SF-7) zoning district, The 0.172 acres of
land is located along the east side of Bernard Street, approximately 450 feet south of
Collins Street (commonly known as 1211 Bernard Street). The applicant proposes
construction of an off-street parking area to provide additional parking for tenants of the
Arbors of Denton, an adjacent apartment development. (The Planning and Zoning
Commission recommends approval 7.0.) (Z-98.011)
12. Review a preliminary assessment and consider approval of a schedule of public hearings
with regard to the proposed annexation of a 15.088 acre tract located east of Swisher
Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction
(ETJ) northeast of I.35E.
ITEATS FOR INDIVIDUAL. CONSIDERATION
13. Consider adoption of an ordinance authorizing the City Manager to execute Addendum
#2 to the professional services agreement for the design of Stream PEC-4 Storm
Drainage Improvements and Ruddell Street Bridge and Channel Improvements between
the City and Teague, Nall and Perkins, Inc.; authorizing the expenditure of funds
therefor; and providing an effective date. (PSA #2164 - Addendum #2 - Teague, Nall,
and Perkins in the amount of 518,200,00)
' 14, Consider adoption of an ordinance amending the 1997-98 annual Recreation Fund
Budget of the City of Denton in the amount of twenty-one thousand five hundred nine
dollars ($21,509.00) to help establish the Middle School Program and expending such
funds for recreational programming at the three middle school sites; and providing an
effective date,
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15, Consider adoption of an ordinance authorizing the City Manager to execute a license on
• behalf of the United States of America to allow the Federal Aviation Administration to p
use municipal utility poles to support an serial cable assembly at the Denton Municipal
Airport; and providing an effective date. (AirpcH Advisory Board recommends
approval.)
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16. Consider adoption of an ordinance authorizing settlement of litigation styled City of
Dcnion, Teras x Redi-Af[r, Inc. Cause No, 96.40752.362, pending in the 362nd District
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City of Denton City Council Agenda
May 19, 1998
Page 4
Court of Denton County for the sum of 5100,000 to be paid to the City; authorizing the
City Manager to act on the City's behalf in accepting the settlement and executing a
release of clakas.
17. Consider adoption of an ordinance on First Reading whereby the City of Denton, Texas,
and Nortex Telcom, LLC agree that, for the purpose of operating its Telecommunications
Business, the Telephone Company shall, construct, erect, build, equip, own, maintain and
operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts,
and public grounds of the City, such posts, poles, wires, cables, conduits and other
appliances, structures and fixtures necessary or convenient for rendition of
telecommunications services in said City and for conducting a general local and long-
distance telephone business, prescribing the conditions go%eming the use of public rights-
of-way for the Telephone Company's telecommunications business, prescribing the
quarterly compensation due the City under this ordinance, providing the right of the City
to use certain facilities of the Telephone Company; specifying governing laws; providing
for assignment; prescribing the term and effective date of said agreement; providing for
notice; providing for binding effect; providing that the ordinance be cumulative;
providing for govcmmental immunity; providing for consent and acceptance; providing
for scverability; providing for choice of law and venue; finding and determining that the
meeting at which this ordinance is passed is open to the public as required by law;
providing for future contingencies; providing for repeal of conflicting ordinances;
providing for release of all claims under prior ordinances; providing for alternate dispute
resolution; and providing for method of acceptance.
18. Consider adoption of an ordinance on First Reading whereby the City of Denton, Texas,
and CoServ, LLC, (d,Va/ C'oServ Communications), an affiliate of Denton County
Electric, agree that. for the purpose of operating its Telecommunications Business, the
Telephone Company shall. construct, erect, build, equip, own, maintain and operate in,
along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public
grounds of the City, such posts, poles, wires, cables, conduits and other appliances,
structures and fixtures necessary or convenient for rendition of telecommunications
services in said City and for conducting a general local and long-distance telephone
business, prescribing the conditions governing the use of public rights-of-way for the
Telephone Company's telecommunications business, prescribing the quarterly
compensation due the City under this ordinance, providing the right of the City to use
coain facilities of the Telephone Company; specifying governing laws; providing for
assignment; prescribing the term and effective date of said agreement; providing for
notice; providing for binding effect; providing that the ordinance be cumulative;
providing for go%ernmental immunity; providing for consent and acceptance; providing
for scverability; providing for choice of law and venue; finding and determining that the
meeting at which this ordinance is passed is open to the public as required by law;
providing for future contingencies; providing for repeal of conflicting ordinances; 0
providing for release of all claims under prior ordinances; providing for alternate dispute
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resolution; and providing for method of acceptance.
19. Consider a proposed timeline for boards'commissions appointments. i
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City of Denton City Council Agenda
May 19, 1998
Page S
20. Consider nominations/appointments to City's Boards and Commissions.
21 r Miscellaneous matters from the City Manager.
22. New Business
This item provides a section for Council Members to suggest items for future agendas.
23. Possible continuation of Closed Meeting under Sections 551.071-551.085 of the Texas
Open Meetings Act.
24. Official Action on Closed Meeting items held under Section 551.071-551.00; of the
Texas Open Meetings Act
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 i
(a.m.) (p.m.)
CITY SECRETARY
NOTF,: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
l, N
I]F,ARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN r
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 3498309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1.800•RELAY•TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
I THROUGH THE CITY SECRETARY'S OFFICE.
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agenda Item
0 ale
AGENDA INFORMATION SHEET
AGENDA DATE: May 19,1998 Questions concerning this
acquisition may be directed '
DEPARTMENT: Finance - Purchasing to Diana Ortiz 349.8151
ACM: Kathy DuBose, 349-8228
SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BUIS AND AWARDING A
CONTRACT FOR LOCKBOX SERVICES; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2197 -
LOCKBOX SERVICES-AWARDED TO BANK ONE IN THE AMOUNT OF
$5,593.06 PER MONTH OR $67,116.72 ANNUALLY).
BACKGROUND
Tabulation Sheet
FSTIbLATED SCHEDULE OF PROJECT
This bid is for an annual contract commencing upon date of award and running for a
period of one year and renewable for two additional one-year periods. We do reserve the
right to close the contract on November 30, 1999 to coincide with the current depository
contract. This would allow the City of Denton to combine both services under one single
contract,
PRIOg ACTIONIREVIE W tCounell, Boards. Commissions)
The concept of lockbox services was discussed by the Investment Committee in their
meeting of April 21, 1998. They recommended we proceed with implementation of the f
Lockbox Service.
FISCAL INFORMATION I
This service will be funded from budget account number 100.041.020N1.89AS, Finance
Administration Miscellaneous Services, 0
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AGENDA INFORMATION SHEET
MAY l9, 1998
PAGE 2 OF 2
1110 INFORMATION
This bid is for the manual contract for lockbox service. This service is a treasury
management tool, typically provided for banks and basically a method of augmenting the
cashiering function. The service is intended to speed up the collection and crediting
process of accounts receivable for Utilities and Tax. Benefits of lockbox services
includes,
• Greater availability of funds
• No time lag on security
• Minimize staff requirements for overtime
• Eliminates mail collection (several trips per day)
• The process of opening and sorting of mail is eliminated
e Elimination of deposit preparation and submittal
• Allows for automated down loading and posting/crediting of individual
accounts
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The monthly payment of $5,593.06 is divided into payments of 54,889.96 for Utility
collection processing and $703,10 for Tax collection processing.
Estimated transactions are 300,000 for Utility and 18,000 for Tax per year. Bank One has
agreed to maintain two separate Post Office boxes; one for Utility payments and one for {
Tax payments.
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Proposals were solicited from six (6) local banking institutions,
We recommend the proposal received from Bank One be accepted and the contracts so
awarded.
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1 ~ ResPertfully '1Sod: { l , '
Name: Tom Shaw, C.P.M., 349.7100
Title: Purchasing Agent`
Attachment 4l; Tabulation Sheet
Attachment 42; Lockbox Service Agreement '
1034 AGENDA
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TABULATION SHEET
BID 0 2197
BID NAM LOCKBOX SERVICES BANK
ONE
DATE 1 47
9 QTY "k W DESCRI N V? N R VENDOR
1 34,000 LOCKBOX SERVICES FOR
Per You
UTILITY COLLECTION PROCESSING 9.6/9;96
2 16,000 LOCKSOX SERVICES FOR PROPERTY
Per You TAX REVENUE PROCESSING 5703.10
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STATE OF TEXAS 0 i
COUNTY OF DENTON
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LOCXBOX SERVICE AGREEMENT
AR77CLE L
LarmaRer referred to u "Depository" as Demon.
Denton County, Texu a bank !oared in the State of ruse and the deposits of which an incurred by the
Federal Deposit Insurance Corporation, sad the City of Denton, Demon Cotnrv, Texas heseinefter referred to as
'City" to provide lookbox services for the City, no action of the City Coined war duly taken end the Depository is
to serve puasuaat to this contract for a period of years, beginning and ending
, and until Its succeuor snail have been duly selected and qualified thaafter, unless
sooner terminated by Depository's Ilagure to adhere to all requirements of this connect.
ARTICLE M
Depository epees to provide the City with certain lockbox services u mote My described by Exhibit "A"
(Request for Proposal for Lockbox Services) and Exhibit "B" (Bid for Loekbox Servias) and they in Incorporated
herein u if written word for word Not to the corameounera of the seeviees, the City hell provide Depository
with all information u may be reasonably required to Implement the services.
Payment to Depository Is pursuant to Exhibit "C" (Payment: ad Cost Schedcle) which is incorporated
herein as if written word for word. `
ARTICLE aL
The City authorize Depository to establish two unique United State Postal Service (LISPS) addresses
mockboxes") to be used to specifically identify the City's roddinces. One arch address will be for udliry
payments and the other address will be for property to payments. The Depository dull have exclusive and
unrestricted access Lad use of the Lockbox s for the purposes of handling of the City's remits aces.
The Depository shall notify the Ciry u to the unique mailing addresses with which the Depository anall use
to identify the City's utility and property to remittances for she purposes of this Agreement The City shall use
these manias addresses in communications to its customers sad tax payers u to the address for maiiiao their
reminaaea. The City shall notify she Depository periodically as to the number of its custoram and tax payee
receiving such commuaiadom and the payment date of atf anticipated remitnxa (with prompt notification to the
Depository if such information materially changes),
ARTICLE IV.
The Depository shall collect, open and pmeu for deposit all of the City's mail received by or bom the
" USPS Identified by the Lockboxes according to established mail pick-up and processing schedule. All items will be
processed In acentriaace with the schedule sad requirements of ELIMt "A" and Exhibit "B", low which are
deemed to be umprocessable due to fadum to meet pmesimil cdcarta m forth is this Agreement shall be delivered
to the City. The Depository will endorse all items for deposh with she standard Lockbox endorsement
The City will establish and maintain Accounts with the Depository, a an Afmiau is which remittance
psymettn will be deposited. Depository will Inform she City of the appropriate options for the Lockboxes location.
The Depository will create multiple batches of Items throughout the processing day as volume warrate for
0 deposit to the City's account. Depository will ensure toatpletirn of item sorting and cleuing, including the O ~
assignment of float Lad according to the latest check clearing schedule, throughout the proceastog day. The deposits
will be microfilmed In proaessiag sequence. Microfilm molls will be reamed by Depository to accorderce with
its record retention schedule, as amended from time to time,
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Depository will prepare a MadMnce packgls(e) containing reports and back-up documentation each
business day as described in Exhibit "A" and Exhibit "B", The temltsace packsge(s) will be forwarded daily via
the method Indicated in 11-101t 'A" and Exhs'bh "13".
ARTICLE V
During the performance of the Services under this Agreement, OOLLEC MA shsil msintaia the following surety
bond with a surety Ilcensed to do busiaeu in the Steer of Tatas and in a form approved by the City Attorney.
A.
,4e~ to as anroam for at leant g350,OM.00, guaranteeing payment to the dry for mania tine the
dry under the contract period and to be in efect for the term of this Agreement and for a ieriod of vinery
daysthersdla. • Pledge securities acceptsht• to the Ctty
ARTICLE VL
Depository and its oflSeers and employe" perfoms#ng services huewder - In that to the performance of these
profesdonal services, they shall be reoponu'6le to the level of compewacy;,,, sbsll use the same degree of aldll and
care u presently mautaiaed by other practicing m4essionals pw&nntog the acme or slow" "n of work in the
State of Teas.
ARTICLE VIL
Depository shall Indemnity and bold harmless the City, is otIl ten agents, and employees from loss, damage,
liability, or eVrtses on account of any chin:, damages, or inWes, whatever to all persons including employed
of Depository and City, which may arise ftm. any negligence, sear, or omission in the performance of this contract
an the part of Depository or any breach of their obligations at datim under this contract sad shall defend at Its o"
expeas, any suits or other proceedings brought s iaiast this City, its officers, egens, end employees, and shall pay
any expenses to satisfy alt Judgmean whkh may be toeneed or rendered against them or the City.
ARTICLE VIII.
All exhibits attached to this cooaaet are considered to be integral pains of sans, and Depository will fully comply
with the tams and condition of same.
ARTICLE IX.
For purposes of determining venue and the law governing this contract, services performed under this contract ace
performed In the Cry and County of Denton, Texaa. Any dispute regarding this cononct:hail be decided and settled
In a court of competent Jurisdiction sitting in Denton County, Texts.
ARTICLE' X.
This coaonct may be executed in any number of counterparts, and each such counterpart shall be deemed for all
purposes to have the same effect u if all parties to this eontran had signed one and the same signature pigs of this
• contract
ARTICLE)m
The City and Depository shall, as a matter of fight without amenity of default on the put of City or Depository,
testinate this contnn at any time by giving the City or Depository, terminate this contract at say time by giving the
City Of Depository ninety (90) days prior notice is writing, Sbould Depository default in gay of In obligedoaa to
• City under this commm City shall give Depository notice of default to writing, and Depository shall have thirty (30) O •
days from receipt of the notice to cot. ect the default. If Depository fail to remedy default within this time, city, at
its sole option. may cancel this contract end Depository shall be fully responsible to pay City any ad all dages
ailed by is default. Depository shall be paid for all services utitfaciorily performed to accordence with this
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nOntract up to data of my ourrib slim hernmdw- Depoaitary's MR of a petition in bultrupoey at being declared
fasolvent by a federal back regulatory agency" be considered a material breach of this contract Now"Itereia If
"deprive City of any other remedies In law and equity to enforce the terms, conditions, ad obligations of this
eoatract Including, but not limited to, instituting tuft for damages or, is the alternative, specific performem of this
contact
ARTICLE X IL
All notices required under this contract must be given by certified mail or registered mail, addressed to the proper
party, at the following addresw:
CITY: DEPOSITORY:
Ted Becavides, Qty Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Either party may c~hange the address to which notice U sent by giving the other party notice of the now address in the
manner provided In this section.
ARTICLE XUL
Depository shall not assign coy interest in this conow and"not trawler any interest is this contract (whether by
assignment novatim or otherwise) without the prior writom consent of the City therew.
ARTICLE XIV,
This contract shall be binding upon rod emus to the e&cs of the parties hereto and their respective heirs, exacutorr,
administrators, legal representatives, successors, and assigns where permitted by this contract
ARTICLE XV.
This contact and the atbehed cxhhlrifl constituter and expense the entire agteaamt between the parrleo and shall not
be amendei or modified except by written tasoument signed by both parties.
ARTICLE XVL
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Depository hereby does represent to the City that its officer or effitm who have executed this contact have fbll and
complete capacity and authority to execute a binding Depository Contact which is effective, for d1 puepeees, u to ~
all services to be provided and all terms and oblgatons under this contact
ARTICLE XVIL
4 This contact is executed by the City end the Depository in three copies, all of which shall be deemed originate. '
AGREED AND ACCEPTED on behalf of Depository this tbe,_ day of. , 1997, ~
MY OF D1NTON:
1. ,
By: Date: •
Nano (Print):
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ATTEST: r ,
JENNIFER WALTERS, ra1Y SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L PROUSY, CI7'Y ATTORNEY
BY:
DEPOSITORY: UM My VW I.A.
Byrd ~7s~~rD~if.~s~icr ~ ,o.UeOe:~~(fdLQ~ ~ ^ i `5 I
AUTHORUMD SIGNATURE
Name (pew): u..,a.1> McDoesld
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
LOCKBOX SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID N 2197 - LOCKBOX SERVICES AWARDED TO
BANK ONE IN THE AMOUNT OF 55,593.06 PER MONTH OR $67,116.72 ANNUALLY).
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 a rY 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 lowcat responsible bids for such items:
BID ITEM
,B.E ML VENDOR AMOUNT
2197 ALL BANK ONE $67,116.72
SECTION IL That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
' agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities a, I for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
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SECTION III. That the City Manager or his designated representative is hereby authorized
to execute ^ written contract in a form substantially the same as the one attached hereto; provided
that the written contract is in accordance with the terms, conditions, specifications, standards,
quantities and specified sums contained in the Bid Proposal and related documents herein approved
and accepted. O
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SECTION IV. That by the acceptance and approval of the above numberod items of the
submitted bids, the City Council hereby suthorizes 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..
Uja ON V. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of ,1998•
JACK MILLER, MAYOR
j ATTEST:
l' JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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STATE OF TEXAS §
COUNTY OF DENTON §
LOCKBOX SERVICE AGREEMENT
ARTICLE I.
I
BANC ONE, TEXAS, NA, hereina(er referred to as "Depository" at 1200 We-' University
Drive, Denton, Denton County, Texas 76201, a bank located in the State of Tex s and the
deposits of which are insured by the Federal Deposit Insurance Corporation, and the City of
Denton, Denton County, Texas hereinafter referred to as "City" to provide lockbox services for
the City. The action of the City Council was duly taken and the Depository is to serve pursuant
to this contract for a period of one year, beginning and ending
, and until its successor shall have been duly selected and qualified
thereafter, unless sooner terminated by Depository's failure to adhere to all requirements of this
contract.
ARTICLE 11.
Depository agrees to provide the City with certain lockbox services as more fully
described by Exhibit "A" (Request for Proposal for Lockbox Services) and Exhibit "B" (Bid for
Lockbox Services) and they are incorporated herein as if written word for word, Prior to the
commencement of the services, the City shall provide Depository with all information as may be
reasonably required to implement the services.
Payment to Depository is pursuant to Exhibit "C" (Payment and Cost Schedule) which is
incorporated herein as irwritten word for word. The Depository will be paid $4,889.96 a month
for utility collection processing and 3703.10 a month for tax revenue processing, not to exceed
567,116.72 for the year.
ARTICLE 111,
The City authorizes Depository to establish two unique United States Postal Service
(LISPS) addresses ("Lockboxes") to be used to specifically identify the City's remittances. One
such addresa will be for utility payments and the other address will be for property tax payments.
The Depository shall have exclusive and unrestricted access and use of the Lockboxes for the
purposes of handling of the City's remittances. 1
'I he Depository shall notify the City as to the unique trailing addresses with which the
Depository shall use to identify the City's utility and properly tax remittances for the purposes of
this Agreement, The City shall use these mailing addresses in communications to its customers
and tae payers as to the address for mailing their remittances. The City shall notify the Q •
Depository periodically as to the number of its customers and lax payers receiving such
communications and the payment date of all anticipated remittances (with prompt notification to
the Depository if such information materially changes).
25 32XIO
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ARTICLE W.
process for deposit all of the City's mail received
The Depository shall collect, open and according to established mail pick-up and ,
he kbo
Loc and
xes anby or from the USPS id All identified by essable due
processing schedule.l A; end Exhibit r 13 s ms whictr are deemed to be unproc
livered to the City.
requirements of Exhibit Bement shall be de
to failure to meet processing criteria set forth in this the standard Lockbox
will endorse all items for deposit with t endorsement-
ito
The Depository
The City will establish and maintain Accounts with the Depository os y of the au to
which remittance Payments will be deposited. Depository will inform the City of the appropriate
options for the Lockboxes location.
m t the processing day as
The Depository will create ultiple batches of ices 006}g ~rrousure ompletion of item
volume warrants for deposit to the City's account, Dcpo D to the latest check clearing
sorting and clearing, including the assignment of float and according processing k will schedule, throughout the processing day. The deposits jo be aaccordran a wn h
its record tain tooschedule, as amended'from time totbm Depo
retention rY
ository will prepare a remittance bed Package(s) containing reports and back-up day as dathe method ndicatedd inExhibit "A"ban d Exhibit" B The re documentation each business
_e
Deppackage(s) will be forwarded daily
ARTICLE V
this Agreement, COLLECTOR shall maintain the
During the performance of the Services under
payment o£monics to the city and such security
following security for the guaranteeing City Attofmo
in a form approved by the ey:
agreement to be
Securities pledged that are acceptable oo the t city Citfoy Of due the city under the contract penod
$350,000.00, guaranteeing payment d for a period of ninety days thereafter.
and to be in effect for the term of this Agreement an
. ARTICLE VL
Depository and its officers and employees performing services hereunder agree that in the
they shall be responsible to the level of competency
performance of these profess! of eY
and shall use the same degree of f skill ill and care asePresently inatheaSta a of Tother exas racticing
professionals performing the same or similar types
• ARTICLE VII.
nts, and employees from
shall indemnify and hold harmless the City, its officers, age
Depository of i~>;uries, whatsoever to
loss, damage, liability, or expenses on account of any claims, damages,
^,rs,
page 2
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all persons including employees of Depository and City, which may arise from any negligence,
error, or omission in the performance of this contract on the part of Depository or any breach of
their obligations or duties under this contract, and shall defend, at its own expense, any suits or
other proceedings brought against the City, its officers, agents, and employees, and shall pay any
expenses to satisfy all judgments which may be incurred or rendered against them or the City.
ARTICLE Vllf.
All exhibits attached to this contract are considered to be integral parts of same, and Depository
will fully comply with the terms and conditions of same.
ARTICLE IX.
For purposes of determining venue and the law governing this contract, services performed under
this contract are performed in the City and County of Denton, Texas. Any dispute regarding this
contract shall be decided and settled in a court of competent jurisdiction sitting in Denton
County, Texas,
ARTICLE X.
This contract may be executed in any number of counterparts, and each such counterpart shall be
deemed for all purposes to have the Tect as if all parties to this contract had signed one
s same of
and the same signature page of this contract.
ARTICLE Xl.
The City and Depository shall, as a matter of right without necessity of default on the part of
City or Depository, terminate this contract at any time by giving the City or Depository, notice
terminate this contract at any time by giving the City or Depository ninety (90) days prior
in writing, Should Depository default in any of its obligations to City under this contract, City
shall give Depository notice of default in writing, and Depository shall have thirty (30) days
from receipt of the notice to correct the default, if Depository fails to remedy default within this
time, City, at its sole option, may cancel this contract and Depository shall be fully responsible to
pay City any and all damcges caused by its default. Depository shall be paid for all services
satisfactorily performed in accordance with this contract up to date of any termination hereunder.
• Depository's filing of a petition in bankruptcy or being declared insolvent by a federal bank
regulatory agency shall be considered a material breach of this contract. Nothing herein shall
deprive City of any other remedies in law and equity to enforce the terms, conditions, and
obligations of this contract including, but not limited to, instituting suit for damages or, in the
alternative, specific performance of this contract.
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IV
ARTICLE X11.
All notices required under this contract must be given by cerli.ud mail or registered mail,
addressed to the proper party, at the following addresses; ,
CITY: DEPOSITORY:
Ted Benavides, City Manager Randall McDonald, President
City of Denton Banc One, Texas, NA
215 E. McKinney P.O. Box 580
Denton, Texas 76201 Denton, Texas 76201
Either party may change the address to which notice is sent by giving the other party notice of
the new address in the manner provided in this section.
ARTICLE XII1.
Depository shall not assign any interest in this contract and shall not transfer any interest in this
contract (whether by assignment, novation, or otherwise) without the prior written consent of the
City thereto.
ARTICLE XIV.
This contract shall be binding upon and enure to the effect of the parties hereto and their
respective heirs, executors, administrators, legal representatives, ,successors, and assigns where
permitted by this contract.
ARTICLE XV. l
This contract and the attached exhibits constitute and express the entire agreement between the
parties and shall not be amended or modified except by written instrument signed by both
parties.
ARTICLE XVI.
Depository hereby does represent to the City that its officer of officers who have executed this ~
contract have full and complete capacity and authority to execute a binding Depository Contract
which is effective, for all purposes, as to all services to be provided and all terms and obligations
under this contract.
ARTICLE XVIL {
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This contract is executed by the City and the Depository in three copies, all of which shall be
deemed originals.
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ACCEPTED an behalf of Depository this the -Y of
1496.
CITY OF DENTON: 1
By; _ Date!
:
Name (Print): TED BENEVIDES
Title: City Manager
Address: City of Denton
215 E. McKinney
Denton. Texas 76201
f;.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
HERBERT L: PROUTY, CITY ATTORNEY
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BY:11 yDEPOSITORY:
By; _ Date:
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Name (Print): Rgndell McDonald _ 4
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Exhibit A
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BID INVITATION #2197
LOCKBOX SERVICES
FOR
THE CITY OF DENTON, TEXAS
SUBMITTED BY.
• BANK ONE, TEXAS, NA.
APRIL 16, 1998 25 IS
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Bank Une,Tecas, XA
1x13275
1;00 West University Ddvc
K) BGX 580
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DMnton TX 76.101
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HMK ONE
April 15, 1998
Mr. Tom Shaw
Purchasing Agent
City of Denton
901 B Texas Street
Denton, Texas 76201
Dear Mr. Shaw:
On behalf of Bank One-Denton, I am pleased to enclose our bid for Utility & Tux Collections lock
box services.
In an effort to find the lowest cost solution for the City of Denton, we are submitting two
proposals for the tax collections lockbox (Proposal A& Proposal B). The primary difference
between the two proposals is that Proposal A does not include daily electronic transmission
during the slow volume months and Proposal B includes daily transmission throughout the year,
Please note that we have included pricing for check clearing which is an ancillary service to
lockbox services. Under the Citys deposit contract, the City of Denton is presently irtcurring
these costs with Texas Beak; therefore, an adjustment to their bid or our bid should be made to
accurately compare actual proposed costs. If Bank One is the successful bidder for lockbox
services, the account analysis charges assessed by Texas Bank would be reduced by N amount
associated with clearing utility and tax collection checks.
r. Bank One proposes to meet the $350,000 surety bond requirement through the pledge of
secuddes as collateral, combined with Bank One, Texas's Standard & Pooes credit radng of AA
• and Moody's rating of Aa2.
Please let me know if I may provide any additional information and thank you fot your
consideration of our bid.
Sincerely,,
'Randall McDonald
President
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THE CITY OF DENTON, TEXAS
BID INVITATION
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TABLE OF CONTENTS
EXHIBIT A BID INVITATION
EXHIBIT B TREASURY
I MANAGEMENT
EXHIBIT C COLLATERAL
INFORMATION
I
EXHIBIT D REFERENCES
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STATE OF TEXAS ¢
COUNTY OF DENTON ¢
LOCKBOX SERVICE AGREEMENT
ARTICLE 1.
hereinafter re:-red to u "Depository" at Denton,
Deuton County, Texts , it bank IocsteG is the State of Texts and the deposits of which are insured by the
Federal Deposit Insurance Corporation, and the City of Denton, Denton County, Texts berninafter refemd to u
"City" to provide lockbox services for the City. The action of the City Council was duly taken and the Depository is
to serve pursuant to this contract for a period of _ years. beginning - and ending
and until its successor shall have been duly selected and qualified thereafter, unleu
sooner terminated by Depository's failure to adhere to all requirements of this contract
ARTICLE 11,
Depository agrees to provide the City with certain lockbox sm ices u more fully described by Exbrbit "A"
(Request for Proposal for Lockbox Services) and Exhibit "B" (Bid for Locltax Services) and they arc incorporated
herein as if written word for word. Prior to the commencement of the services, the City shall provide Depository
with all information its may be reasonably rtqulmd to Impheastat the set,ica.
Payment to Depository is pursuant to Exhibit "C" (Payment and Cost Schedule) which is incorporated
herein at if written word for word.
ARTICLE II1.
The City authorizes Depository to establish two unique United States Postal Service (LISPS) addresses
("Lockboxei') to be used to specifically identify the City's remittances. One such addreu will be for utility
payments and the other address will be for property tax payments. The Depository shall have exclusive and
unrestricted aces and use of the Lockboxea for the purposes of handling of the City's remittances.
The Depository shall notify the City as to the unique nailing addresses with which the Depwftory shall use
to identify the City's utility and property tax remittances for the purposes of tbls Agreement The City shall use
these mailing addresses in communicatioru to its customers and tax payers u to the address for Miung their
remittances. The Ciy shall notify the Depository periodically u to the number of its customers and to payee
receiving such communications and the payment date of all anticipated rerruttanees (with prompt notification to the
Depository if such information materially changes).
ARTICLE IV.
The Depository shill collect, open and process for deposit all of the City's mail received by or from the
. USPS identified by the Lockboxet according to established trail pick-up and processing schedule. All items will be
processed in accordance with the schedule and requirements of Exhibit "A" and Exhibit "B". Items which are
deemed to be unprocessble due to failure to meet processing criteria set forth in this Agreement shall be delivered
to the City . The Depository will endorse all items for deposit with the standard Lockbox endorxment
Tire City will establish and maintain Accounts with the Depository or an Affiliate in which remittence
payments will be deposited. Depositury will inform the City of the appropriate options for the Lnckboxes location.
t/ The Depository will create multiple batches of items throughout the processing day as volume warrants for 0
deposit to the City's account. Depository will ensure completion of Item sorting sad clearing, inctudag the
! t assignment of float and according to the latest check clearing schedule, throughout the processing day. The deposits
will be mi(rotilmed in processing sequence, Microfilm records will be retained by Depository in tecotdance with
its record retention schedule, its amended from time to time.
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Depository will prepare a remittance package(s) containing reports and back-up documentation each
business day as described in Exhibit "A" and Exhibit "B". TI remittance package(s) will be forwarded daily via
the method indicated fa Exhibit "A" and Exhibit "B".
ARTICLE V ,
During the performance of the Services under this Agreement, COLLECTOR shall maintain the following surety
bond with a surety licensed to do business in the State of Texas and in a form approved by the City Attorney:
A. aAroiawybsnl in an amount for at lout 5350,000.00, guaranteeing payment to the city for monies due the
city under the contract period and to be in effect for the term of this Agreement and for a period of ninety
daysthereofter. a Plodge securities acceptable to the City
ARTICLE 1,7.
Depository and its officers and employees performing services hereunder agree that io the perfomuamce of these
professional services, they shall be responsible to the level of competency and shall use the same degree of skill end
cue u presently maintained by other practicing professionals perfuming the same or sunhat types of work in the
State of Texas.
ARTICLE VII.
Depository shall indemnify and hold harmless the City, its officers, agents, and employees from loss, damage,
liability, or expenses on account of any claims, damages, rut injuries, whounever to all persons including employees
of Depository and City, which may arise from any negligence, error, or omission in the performance of this contract
on the pan of Depository or any breach of thew obligations or duties under this contract, end shall defend, a its own
expense, any suits or other proceedings brought agxinst the City, its officers, agents, and employees, and shall pay
any expenses to satisfy all judgments which may be incurred or rendered against them or the City,
j
ARTICLE Vlll.
All exhibits attached to this contract are comstdered to be imegral puts of same, and Depository will fully comply
with the terms and conditions of same.
ARTICLE IX. a
For purposes of detemuning venue and the law governing this contract, services performed under this contract are
performed in the City and County of Denton, Texts. My dispute regarding this contract shall be decided and settled
in it court of competentjurisdichon sitting in Denton County, Texas.
ARTICLE X
+ This contract may be executed in any number of counterparts, and each such counterpart shall be deemed for all
purposes to have the some effect as if all parties to thia contract had signed one and the same signature page of this
contract.
ARTICLE XI,
The City and Depository shall, u a matter of right without necessity of default on she pan of City or Depository,
terminate this contract at any time by giving the City or Depooory, terminate this contract at any time by giving the
City or Depository ninety (90) days prior notice in writing. Should Depository default in any of iu obligations to 0 •
Ciry under this contract, City shall give Depository notice of default in writing, and Depository shall have thirty (30)
1y,, ,I days from receipt of the notice to correct the default. if Depooory fails to remedy default within this time, City, at
its sole option, may cancel this contract and Depository shall be fully responsible to pay City any and all damages
u caused by its default Depository shall be paid for all services satisfactorily performed in accordance with this
Page t
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contract up to date of any termination hereunder, Depository's filing of a petition in bankruptcy or being declared
insolvent by a federal bank regulatory agency shall be considered a material breach of this contract. Nothing herein
shall deprive City of any other remedies in law and equity to enforce the terms, conditions, and obligations of this
contract including, but not limited to, instituting suit for damages at, in the alternative, specific performance of this
contract.
ARTICLE XU.
r
All notices required under this contract must be given by certified mail or registered mail, addressed to the proper
party, at the following addresses:
CITY: DEPOSITORY:
Ted Bensvidee, City Manager
City of Denton
215 E. McKinney
Deacon, Texas 76201 _
.
R parry may change the address to which notice is unt by giving the other party notice of the new address in the
I Either
manner provided In this secdon
ARTICLE XUL
Depository shell not uslgn any Interest in this contract and shall not transfer my interest in this contract (whether by
uslgnment, novation, or otherwise) without the prior written consent of the City thereto.
ARTICLE XIV.
h
This contract shall be binding upon and ensue to the effect of the prints Loreto and their respective heirs, executors,
administrators, legal representatives, succestors, and usigns where permitted by this contract.
ARTICLE XV,
This contract and the attached exhibits constitute and express the entire sgreetnant between the parties and shall not
be amended or modified except by written Instrument signed by both parties.
,
ARTICLE Xvl.
Depository hereby does reprtient to the City that its officer or officers who have executed this contract have full and
complete capacity and authority to enecute a binding Depository Contract which Is effective, for all purposes, u to
all services to be provided and ail terms and obligations under this contract.
ARTICLE XVJ1L
This contract is executed by the City and the Depustory In three coplu, all of which shall be deenud originals.
AGUED AND ACCEPTED on behalf of Depctitory this ohe _day of , 1997.
1 CITY Of DENTON!
By: Date
Name (Print):
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROM. CITY ATTORNEY
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DEPOSITORY: BASIC Ons TEYAB S.A. I
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PURCHASING DEPARTMENT BID INVITATION
City of Denton
901.1 Texas St CITY OF WMN, TE1011
Denton, Texas 78201
Cato March 318 1998
BID NUMBER 2197
BID TITLE IOC[DOS SERVICES ~
Barak One Sealed bid pfoposals w111 be received until 2310 pm.
1200 W University APRIL 1641998 , at the office of IM
Denton TX 76201 Purchasing Agenl 901.0 Texas Si, .Denton. Texas 78201
For addiflonal information contact
PURCHASING DEPARTMENT
901 B Texas BtrNt
Donlon. Tanis 10201
Off Ice DFW Metro
04J) 349-1100 857.207-0042
INSTRUCTIONS TO BIDDERS
1. Sealed bid proposals must 0 In duplicate, on this form, prior to opening date and time to be considered, Late
010p01011 will be returned unow reed.
Z Bids shatl be plainly m0ed IN to the bid number, name of the bid, and bid opening date on the outside of completely
tested envelope, end mailed or delivered to the Purchasing Department. City of Denton, 901 •B Texas St, Denton, Tx
78201
My submitted article dwelling from the spacdicatione must be identified and have lull deacrlptive data sccomptnpog
Acme, or it witi not be cOM40i
4. Alt ril are 10 be quoted FOB Donlon, Texas, delworod to the ftoa of the wafshou s. of as of Mrwia indlcaled.
5. The Coy of Donlon, Taxes reearves the fill l to accept soli tems In a bid unless this right Is denied by the bidder.
8 In case of default after bid accoplance, IM City of Denton, Tans may al its option hold IM accepted bidder of hontretlof
11014 for any and all Nsultant Imefeped tools as a Welty for such default
7. The City of Denton reserves IM tight to reject any and all bids, IO waive all lnlorm iltles and require that aubmille0 i
remain in force for I Italy (801 day period star, opening or until award is made, whlchevN comes flnL
8 The quantities shown maybe approximate and could very according to the requirements of the City of Oentnn
^ throughout the contract period. j
i-
.r • 9, The Items lire to be priced each not. (pacxaging or snipping quantities will be considered.y
I
10. The Purchasing Department sesufne/ responsibility fa the WoclnNo and clarity of this bid, end all information IMP
question$ pertaining 10 this bid Mall be directed to the City of Denton PaftMsing Agtnl.
11. Any altsmpt 10 negotiate of give informatln " Ih4 contenll of ihla bid wllh of City of Donlon or its repf9sonl Aflves
prior to award Mall be Sounds la d4quatHlcatone - I.
i
12. The conditions Ind forme of this bid will be considered when evaluating lor Award,
13 The Gty of Donlon 11 exempt tom all jails and excise tames. (Anccfe 20018) •
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BID NUMBER 2197 ..BID PR of 0"W% OPOSALS Page 2 01 2 t udwMq Dparto"d _ DoMeq Tw 7.201
PIC! AMOUNT
5M OEaeIFWN OUAN,
:
t . Lockbox services for Utility collection processing 300,000 f $4,889.
each each
2. Lockbox services forpropedy tax revenue processing 18,000 $ 3?C3_.
each each
1) It is the intent of the City of Denton to award this contract
to a single bidder for item 1 & 2.
1
2) This contract will be for a period of l year from date of
award and shall be renewable for two (2) one-year periods
upon mutual agreement and with all terms, prices and
conditions remaining unchanged.
City of Denton reserves the right to close this contract to
coordinate with completion of current depository contract.
November 30,1999.
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TOTALS
r We euole the stow 10 b. dellvUed to Denton, Texall. Ghlpment can be mods in darf from FK41M of order. Tome nw20 r 06 (0 any
em by umeof oth I" Indlealed. r I • teafonable W10d of~me bid, the
01 al
to erred within A
ontrs acl The complNWn d Pm ooN mulst tto ItprowilY prloed, UOnW and.
u 1200 W. University Drive Bank One T a
resew swaw
Denton TX 76201 64.4 rloeila~ 7
fynawa
pry Fete Be
(940) 381-7425 President r
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REQUEST FOR BID
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For
LOCKBOX SERVICES {
The City of Denton (City) is seeking a qualified financial institution (provider) for
lock-box services for the purpose of collecting and processing the City's utility
and property tax revenues.
The contract will be awarded to the provider whose bid is determined by the City
to be the lowest responsible offer. The following requirements must be met for
full consideration in the decision-making process.
• The provider must obtain a surety bond for $350,000.00, guaranteeing payment
to the City for monies due the City under the contract period.
• The provider must obtain two (2) post office boxes: one (1) for utility
payments, and one (1) for tax payments.
• The provider must be capable of processing approximately 25,000 pieces of
mail per month, with a seasonal increase at tax time, up to 33,000. Processing
includes: retrieving mail from post office, opening all correspondence,
balancing contents, direct deposits to the City's bank account, and transmitted
updates/posting, to the City of Denton, customer accounts.
• The provider must notify the City of all miscellaneous correspondence received
through the lock-box, (i.e., address changes, payment extension requests, etc.).
• The provider must submit daily and monthly reports, indicating the number of
pieces received and the total revenue deposited for utilities and tax.
• The provider must transmit data electronically, on a daily basis, by 1;00 p.m.,
in order to expedite cash flow and customer updates.
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The volume of utility payments the City currently receives through the mail is
estimated to be 25,000 pieces per month. Tax payments received in the mail are
heaviest during the months of December and January with an average of 8,000
pieces per month, During the remainder of the year, tax payments received
through the mail are approximately 200 pieces per month.
The City separates utility bill collections and tax collections into two (2) divisions
because of their unique needs and record keeping constraints. Each would require
a separate file returned for input to the City's system. Bids must include separate
quotes for each division.
The goal of the City of Denton is to streamline processing methods and expedite
daily deposits and account updates.
The deadline to submit a signed original and three copies of your bid is as listed in
the notice to bidders. Please include a reference list of agencies, currently using
your company for lock-box services.
Any questions regarding the bid process should be directed to:
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Tom Shaw
Purchasing Agent {
901 B Texas St. I
Denton, TX 76201
Telephone: (940) 349.7100
Fax: (940) 349-7302
Any technical questions regarding this PFB should be directed to:
Jerri Rainey ,
Treasury Services Manager
215 E. McKinney
Denton, TX 76201
Telephone: (940) 349-8210
a Fax: (940) 349-7211
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Treasury Management Service Proposal
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Randall McDonald
Donna Melotakis
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Executive Summary Introduction
I Today's business environment Is more competitive than ever before- To stay ahead of the
competition, you must be prepared to take advantage of every opportunity to enhance your
bottom line, including sUlfW management of your Company's CASK By actively managing your
' i cash, you can put funds to profitable use, without comprom;sing your day-to day financial
operations. ti
A successful Treasury Management program designed by Bank One can help you achieve this
objective by providing a program to optimize your cash flow and save you money.
At Bank One, we can help you maximize your available cub through a wide variety of services.
With our help, cash will flow into your company faster, and more cash will stay in your company
where you can put it to profitable and productive use. You'll have better, up-to-date information
about your account balances and activity to make infomsed decisions concerning disbursements,
! investments and debt service.
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Whether you're managing the Assets t,f an emerging business or an established firm, you need the
strength and ingenuity of a resourceful banking partner who can make your company's cash
work as hard as possible.
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Trrasary Management Service Proposal City of Denton
Bank One's Treasury Management Commitment {
Bank One, Texas is a leader in providing quality Treasury Management services. Ry focusing on
we consistendy deliver innovative solutions to serve the 4
the needs of business customers,
diverse and changing Treasury Management needs of companies like City of Denton. We do this
throdgh our commitment to providing quality Treasury Management products and services to
your business.
At Bank One, we will tailor a comprehensive Treasury Management program to help City of
Denton meets its goals and objectives. Your Treasury Management Sales Officer, Donna
McIotakis, will work with you to: %
a review and evaluate current and alternative systems and procedures
a prepare a cost-benefit analysis based on City of Denton's unique characteristics
■ formulate specific recommendations to optimize your cash flow
s ( ■ assist with scheduling, implementation and control to turn recommendations into
solutions.
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About BANC ONE CORPORATION
BANC ONE CORPORATION, oPerates 1,502 banking offices Arizona, Colorado, Illinois,
Utah end West Virginia
Indiana. Kentucky, Louisiana, Ohio, Wisconsin, Oklahe)ma Texas, ,
90 billion ;
BANC ONE ranks as the tenth largest bank in the United States with total assets of $'he sev'ce"h
Net income in 1996 exceeded SI billion for the fo.trth year in a row, and we BANC ONE
highest income of any bank in the country- Additionally, over the Pig 1 oeee~quity among the '
has recorded the highest average return on asse and fourth high
current 25 largest U.S. banking organizations.
Banc One Corporation Banking Locations
Dark Shading Denotes Sinus with RANC ONE Office p
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About Bank One, Texas, N.A.
Bank One, Texas, N-A. offers City of Denton a Texas financial institution with $21.5 billion in
assets and 189 locations throughout the state. As one of the largest banks in Texas, we offer a
full array of banking services to meet the business and personal banking needs of communities
statewide.
In addition to our long-standing financial stability, our commitment to delivering qualitY seMCe
through ever-improving technology, and our professional, responsive employees set us apart
from other financial institutions.
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Treasury Management Customer Service
One of the most important elements of Bank One's Treasury Management Service is the
Customer Service Function. That's why we've assembled a team of outstanding customer
service professionals with exceptional Treasury Management experience that allows them to
quickly respond to inquiries and do "Whatever it takes" to meet your needs. I
Testis Treasury Management Team
At Bank One, we believe customer service means more than just responding to your questions -
it means anticipating them as well, That's why we assign City of Denton It team of Treasury
Management professionals who understand your business and its Treasury Management needs.
The following description of these professionals will help you understand how Bank One
provides the best service possible for your company:
♦ Relationship Manager-RandaUMeDonald (940-381-1415)
The Relationship Manager's primary respombility is to keep abreast of your business
and changes in your banking needs. Randall will ensure all your banking needs are
satisfied by coordinating the involvement of other bank personnel in areas such as trust.
investments, leasing, employee banking, and more.
♦ Treasury Management Sates Officer-DonnaMelotakts (817-884.5725)
Your Treasury Management Sales Officer, Donna Melotakis, will prepare your service
agreements and implement your new Treasury Management services. In addition, Donna
will maintain regular contact with you to ensure service performance is satisfactory and
to introduce new products or enhancements as needed.
♦ Administrators
One of our Customer Service administrators will be specifically assigned to your
account. You may reach your administrator toll free at 1.888434-3030. Your
administrator will be selected based on your company's industry classification. This
focus on industry lines allows your administrator to become familiar with you and your
Treasury Management service needs, m wrll as with the unique needs of your industry.
Our administrators know that when you call Customer Service, you want to talk to
someone who can answer your questions and respond quickly to your account needs. To
ensure you'll always have access to a well-trained, professional customer service
representative, all Bank One Treasury Management administrators provide back-up
assistance to one another. This ensures your Treasury Management issues always receive
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Collection Services Overview
Bank One's Collection Services are designed to improve your cash flow by accelerating the '
collection of accounts receivable, and concentrating these funds into accounts where you can put
your money to work. Collection Services can significantly reduce City of Denton s processing
and administrative costs.
You'll find our Collection Services are a convenient and cost-effective way to convert your
receivables into working cash. You'll also realize bottom-line benefits, as more funds are at your
5sposal for operations and investment
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The following section details the Collection Services offered by Bank One, your one source for a
Treasury Management solutions.
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Retail Lockbox Savior
Bank One's Retail Lockbox Service improves funds availability and information flow by
streamlining the collection of remittances and increasing cash balances available for investments
or operations. The service reduces your trail processing and float times and provides a timely
flow of information to update your accounts receivable
Bank One, Texas has become a leader in remittance processing by combining a staff of skilled
lockbox professionals with a commitment to technology to bring you consistent quality and
accurate processing. Our singla• site operation, located in Dallas, uses the most sophisticated and
up-to-date equipment and computers to process over 1,000,000 hems each month origituting
from all 50 states. with over twenty years of remittance processing experience, our efficiency, 4'
organization and experience provide a competitive advantage over tbirdlmV vendors and most 1
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Our Retail Lockbox processing expertise offers City of Denton:
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Treasury Management Service Proposal City of Denton
Retail Lockbos Service Features
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Specializing in customized processing, our Retail Lockbox Service offers features not available
through most alternative processors.
• Expert assistance In designing your remittance document
Bank One's Retail Lockbox staff is one of the most experienced in the industry, with
managers averaging more than 14 years experience.
• Fast and eJTxknt mail processing through the use of automated postal operations
Retail Lockbox Service begins with the delivery of your remittances to the Main Facility
of the Dallas and Fort Worth Post Offices, two of the most up-to-date and automated
postal operations in the country.
• Expedited mail handling via unique sip coda and the use of caller boxes
As a Bank Ore Retail Lockbox user, you'll be assigned a unique nine-0igit rip code
number to allow your mail to be sorted and processed quickly. Additionally, the use of 4
caller boxes provides even faster processing because no additional sorting is required
once the mail is delivered to Sank One.
• Customized proeessfng
Customized processing is our specialty, and we take pride in our ability to handle
exception payments as efficiently and effectively as non-exception payments. For
accounts requiring significant special handling, we assign to your account personnel who
arc completely familia, xith your individual requirements.
• Chartered Institution
As a chartered institution, Bank One has the ability to control the entire check clearing
portion of the remittance process and all relevant issues.
• Advanced technology and processing technology
Bank One uses the most sophisticated and up-to-date equipment and computers to
provide remittance processing 24 hours a day, 7 days a week
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Cwtomer Requirements
Contact your Treasury Management Officer, Donne Melotakis, who will help you:
♦ Execute the Lockbox Service Agreement
♦ Outline your specific remittance processing requirements
♦ Design and print payment coupons and envelopes
♦ Obtain a post office box number for receipt of your payments (unique rip or caller box I
depending ~a on colal month! volume ,
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Information Services Overview
Bank One's Information Services give you fast and convenient access to the information you
need to manage your company's cash position. From information about specific deposits and
paid items activity, to historical account information and balance reporting, our up-to-the-minute
information about your accounts gives you an effective tool to support decisions concerning
disbursements, investments and debt service.
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Bank One's informsiion Services work in concert with our comprehensive line of Treasury
Management products to save you time and money, and to provide innovative solutions to meet
your diverse Treasury Management needs.
In this section you'll learn more about the following Information Services firm Bank One, your r,r
one source for Treasury Management solutions.
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Account Analysis Services f
Bank One's Account Analysis provides City of Denton flexibility and convenience at
competitive rates. With our Account Analysis, you'll receive unlimited business checking
account transaction privileges while earning an attractive Earnings Credit based on the average
collected funds in the account and the average of the last four 41 day Treasury Bill Discount
Auction rates. The Earnings Credit can be used to help offset the cost of the account, plus any
other Treasury Management services such as Account Reconciliation Service or Lockbox
Service.
Account Analysis can provide City of Denton many benefits, including:
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The Ones Connection w
Access to accurate and timely information about your accounts and daily account activity is
critical to the successful management of your company's cash position. That's why Sank One
created The Ones Connections", an irncvative, flexible information and treasury management
reporting service that gives you the information you need to make informed Treasury
Management decisions, and helps you take advantage of a broad range of investment and
disbursement oppor aoities.
The Ones Connection=" is v complete information reporting and treasury management service
that can accommodate all yc!Ir reporting requirements, including ledger balances, collected
balances, total debits and credit:, transaction detail, lockbox deposit reporting and more. The
Ones Connections" operates 24 hours a day, and is easy to access through your PC, terminal or
touch-tone phone. With The Ones Connections, you'll also have access to Cash Concentration
and StnP Payrnenss.
he ones cunnectionsy is available in three different formats to fit your needs. With The Ones
Connections" On-Line service all that is needed for access is a P.C. w'i'' virtually any
communications software package. The Ones Connections" for DOSVindows7m is a software
program that is available in a Windows version or a DOS version and is housed on your PC.
This package has mrr.y options for reporting and customization.
No matter which service you chose, The One, Connections" gives you daily access to the
inform: Lion you need to manage City of Denton's cash
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The Oa Connection w Services
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The Onez Connectiono offers a comprehensive selection of modular reporting options to
provide fast, accurate information on all your Bank One accounts, as well as accounts maintained
at other financial institutions. From account balance and activity information to help you make
time-critical decisions to account tracking information to enhance the accuracy of cash
forecasting and strengthen audit controls, your Treasury Management representative, Donna
Meiotakis, will help you select the right balance and activity reports for your business.
Information options include:
Previous Day Reporting
Previous Day Reportin6 will allow City of Denton to monitor account activity as of the
close of business the previous day. Previous Day Reporting's flexible report formats and
query capabilities give you information on:
Ledger baances
Collected balances
Available balances
One day and Two + days float
Month-to-date average collected balances
Total number and dollar amounts of debits and credits
Individual debit and credit transaction detail
Previous Day Reporting provides flexible delivery options to allow you to take advantage
of just the features you need, thus controlling expenses:
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Information on all Bank One accounts statewide in ASCII report format
Wormation for accounts at other financial institutions
Bank One account information reported to another financial institution's reporting system
BAI•formatted data for download into a treasury workstation environment
• Current Day Reporting
Current Day Reporting provides current day account information on the following
0 services and also is available in both report format and BAI data format:
Lockbox Deposits
Controlled Disbursement Presentments
Cash Letter Deposits
ACH Credits and Debit
Incoming and Outgoing W h Transfer O
Investment Transactions
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Using The Ones Connections"
The Ones Connections" makes information reporting easy and convent: t. With The Ones
Connections", you decide both how and when you want to access the information you need to
manage your company's cash position.
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The Ones Connections" network operates 24 hours a day to provide you maximum
control and convenience. Regardless of your output medium, critical information is
available whenever you need it
Previous day information is available by 7:00 am. CT each day, and current day
information is transmitted at 7:00 arn. and is updated at 8:30 am., 12:30 p.m. and 2,00
p.m. daily. Access to this infonnar•on is available at any time.
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♦ Historical Information
Historical information for Bank One accounts is maintained for 45 days.
Output Methods
You can receive these reports in a variety of ways.
Personal Computer - all you need is a telephone line and modem to access The Ones
Connections" On-Line by personal computer. You can use your own
communications software to access your information. Or you can install our
Windows or DOS version of The Ones Con=6ons" and put the power of your PC to
work to create yo-a own customized reports and data base.
Terminal Access - Terminal access to The Ones Connections" On-Line requires a
telephone, modem and asynchronous dial-out capability.
The Oneii Connecti ons" - if accessed by personal computer or by wminal, you'll be
given a local telephone number and a unique customer identification and Password.
r To ensure confidentiality and security, all users must change their passwords every 90
0 days.
Direct Transmission - You can receive a direct transmission to your personal
computer or data processing system. Direct transmission reports are available in
standard BAl format. "
Touch-Tone TeIeohonc -You can also access The Ones Connections" by toucb-tone , .
phone. You'll be assigned a unique series of numbers to identify your company's
J access. Then, simply dial a toll-free "800" number and the assigned access number,
u and the automated voice response system will provide summary account information.
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System Requirements
The system requirements for The Ones Connections" O^-Line are as follows:
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• Your terminal, telephone, modem and asynchronous dial-out capability.
The system requirements for The Ones Connectionsr for DOS/WindowsTM are as follows:
DOS
• IBM Compatible PC
• 512K Internal Memory
• 7 Megabytes disk space
• Hayes compatible modem
• 3-1/2 or 5.1/4 High density diskette drive
Windows
• IBM Compatible PC
♦ Pentium Processor
• 16 Megabytes disk space
• AT compatible 9600 baud modem
♦ 3-1/2 or 5.114 High density diskette drive
Customer Requirements
To take advantage of The Ones Connectionsm's information m, arcing capabilities, simply contact
your Treasury Management sales representative, who will work with you to:
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Select the modules City of Denton needs
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Identify the best method to access this information
Select yow password and define City of Denton user access
Within five working days of executing your Bank One Information Reporting Service
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City of Denton Utility Payments
Randall McDonald Donna MeloitAkh
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ANALYSIS DESCRIPTION Volume Unit Unit of Total Balances
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Price Measurc Price R
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AccountMalmenence account _ 510.00` 52.425.16
Checks PaiODebinPosted f012 Rem f000 $000
~ __0 SO 60 . _ item 31200 f2,914.1;_
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Ik sitc6lm Re osecv _SO SO L _itrm__ 5000 So.Oo_
Commerclat )Ten
Encoding NO CHARGE 23000 $OOOOL_ itan $000 50,00
On us 1,652 SO OI S f Item S3415._513.303 I9
Lml Ctq Cleanng House S~D75 SD 030 __hem $152 .25; S36.9731.$!.
Local RCPC --f I,600c item I - fllMI K_. 519,670,66
_00
Dallas Country _ 10033 Item 50.00 WOO
31th-FedDistr3d_Ciq- __L_ 900 5000,,,_,, Item - $36.00_ $6.742.31
1 I th fed District • RCPC_ __--230 f0 033 -R en - 13.73 $3,339.16
Federal Reserve Cities 230 $0.0701 _.._item _ fS 7•SD,i 54.249.63
332_ 9~ /9.10
Federal Reserve RCPC dt Country_ _ _b _ 50070ft= m
FStaiewldeClearingHouse-__- 51900 -_-50,020_-. natt_ $IICPOJ: 526636,02
Local City Select/ _ 36) _ $0 023 hem DS' $2_203.61
LocdRCPCSelecu _ 3460 SO 033 item $l9l,10 $46,408.18
Pallas CountryS'IKU__ ~ $0043 Mm ODOJ f000
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FRetum Item•RedeposiYRecleu S0.00
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Rrtum I_um Mutt Ie LocaO~ Re _ S .10 hem 0.00 _ $0 00
Return Item7eAoneNohfcwIa n- 53.00 item 50.001 _ $000
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Return Item Trmsmis%lon_~N AvUlabl1
53 _ L 000
Return ltemNoufcuion•AhemateAddrcss . 00 item SD 00 0
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S0 00, ,
Return ltem•DuP _ licateCoPYofChe!k SI.001 _-hem
Dep Return Decal Reponmy --to 10 _Item _ 5000 -
Retum Itetn Spec W Handlm$ $3.75, hem
r - - - _ - - -
Daily Stetemenl ' SS 00 etch, ~ 50.00 _ SO 00
S3 00 ach-_-- SO 00 i
Weekly Sutement SODO
i _ - ,
Special Statement Cut-off - 57001 - each _$0 t)<1 r_-- $000-
5000
. S$ 00 each
AddiuonalStatement
each 000 , _$0.00
Duplicate Statement %5 i
- HoldStatement
st 13TOtAt: 7r -574l~4~ ~1~1,13Jh11 ; . l~
~nasuTSna aroryRTINC ~ ~ ,
TheORr.ConneMORD0SM7ndow_; -
Set-up Fee (NOT charged until after comenion)._ - - 5230 001 _ customer _ SD OO i_- 50.00_
Bank Account Repo Ring
Perviou Dar Reporting - - - - -
Paee) EANAI~CNE k
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Bank One, Texas, NA
Proforma Pricing for:
City of Denton Utility Payments
Randall McDonald Trwurv Mwsernerst CorI Donna Wa is _
I 1"s Prielat
ANALYSIS DESCRIPTION Yolume unit Unit of Total Balances '
Mwure Price _ R wired -
Accounts-- - } T- ____53!_00' account $0,00 S0_00
50
00 SD.OD
Transactieru .16 hem
lnlraQaYRlipoldJ-_- -
Accounts _ _f5.00 aaaunt_ _ 00 50,00
TrwtcuOhS can t ce t~ure st thia time ~m
C~___~ 50 00
SUBTOTAL: ,
i ~
(Locall
MoA& Prgc In custom hem 00 f0.t10
rte _ _ tl _._5130001_ box 2!0.00 711.91
rR~ eta l Lockbox Maimenu
LockboKPaYments_ 23 -11j hem $1750.00 _ f910,6716J
P.O. Bax Renal _ - _ cost + boll .00 50.00
Credit CardPraessini- ---custommtom 00 10.00
I >n~x .00 WOO
StooFileHandlina__ - - l2~~' i~ $p,00 f0.00
1k1 kboxCorrespondcnce
Microfiche SS0.00 box _ $000 .00 eustomi_ item _~•~'Q
Multi Yiu 0.211 Item ~ W~
Custom Processing Item = 50.31 hem 0o $0.00
Additional Rrn ` mom hem 00 $0.00
C MI etas >2Y. $0,501, item 00 SO DO
~ - custom Item 00 f0.00
$So, 0.0j
gStop File Re ects__ _1 _ 50.20 Item SOW
Ip !le ne Nou6cauon 50.00 boz - 50.00 5000,
~II_- 0.15 Q.~ 10.00
U
CoudeNBx ~s Maul Prep (13.00 box
r F-- .00 $0.00
Courier Express L box -
Dehve to Svilr a Teaas branch $65.00 box --pop $000
Truumuslon Om ut.,.L_ - 1 I 5100.00_ month --I 070 521.264.76_
SI0 00_ item - 50,00_
_ item - - 50,04
Forwuded Mal _ $020
_ S0.35- Item _ _ _
Address Change On Ling S000
Address ChanHa Transmit -cust-om -Item item , _ _DO I i
Tape Output _ YNN00 _--item-~C 5000 f000
Programming
SUBTOTAL: [ - 34,149'941- =-~44~~4LI ?3= 1
MONTHLY L4JUM 51.117.51! of +
Pages SANAEONS r
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Sank One, Texas, NA
Profonna Pricing for:
City of Denton Tax Option A Retail Lockbox
n I D l
19" tri sun
ANALYSIS DES('RWMN Volume Unit Utu! of Total m=m r
PjquL,ed
( l 1110.00 acco mt 51000 3212818
awn"
becks Pdd/Dexts Posted 30.12 item _ $0,00 $0.00
'talCrediu Posted _ $0.60 item $12.00 $2,914 17
'ted Item Rejects $0,10 item 50,00 $0,00
CoArNerc'tef T2ns j
NO CSAROS 1 500 SO.(300 item $0,00 $0 00
Ve 2111 $0015 item $121 $791, l i
Ci Clewing Some 307 $0.030 item $9.21 F 113463
RCPC 106 $0045 ilex 86 1 ,180 24
Cwn $OASS item $0,00 $0,00
I 1 th Fed Diehidt • CRY 54 $0.040 item $2.16 $ 314.33
IlthFed Dietrict• RCPC is foo53 item $0,83 $100,33
Fede lRemwCities I5 _ $0.070 item 11.03 $254-_99
ederd Reserve RCPC dt Coun 81 50,070 _ item $5.67 SI 31693
SutewideCleenalHouse 354 $0.020 item _ x.08 $1719.36
CitySelecu _ 21 $0,025 item $O.53 $127.50
RCPCSetects 327 f0 A35 _ item $11.45 $2779.39',
Country Selects (0.045 item
1
eiwrt 1reAae
euan5tem $3.00 item foAO $0,00,
1
Ilan-RedepoeiuRecleu $230 ilea 00 $0 W 1
lum Multiple Location 3.50 item $000 $0 00'
$0 ib
etum item Telepbone Notificatioa $3 D0 item 00
etum Item Transmission Available solo item 00
Item Notifiation-Altermu Addnm 5100 Ilan 50so.
.00 $020'
etum ttem-Dupliate Advice $1.00 advice
than lure- lieu Copy of $1.00 item $0.00 $L00
Check ~
1 Retmn • Detail Repatr B $0,10 iron
elwn Item Snocid llandltiint- - $3.73 item 50,00
L•• 3 fdeRllAd
DalyStatement $5,00 h $0~
j Weckl Statement $S 00 W each x.00 W
I s id Statement Clrtoff 117.00 each $0,00 SO o01
Additianel Statement $8.00 each $0,00
lJu licate SUtemrnt $5.00 each _ 00
S'- 3$00 each
old Sutemrnt - !
SUBTOTAL:
00
1 $25(3 .00 bol $28000 71191
r1o. cudan an
i 1 500 l9 item $?8 .00 169111 58
nod box $0.00 $0.00
7-
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Bank One, Texas, NA "
Proforma Pricing for.
City of Denton Tax Option A Retail Lockbox
IM I dam
ANALYSISDESCIR71ION Volume unit - LOA Of Toro) Balmca
Price Mews price
Credit Card Prooewmi 50.06 custom 0.00
Lox DQ _ 50.00
i s FU Hmdiina -_L200 00
Cormseaodence - $0.15 item so.00 S0.00:1
500 box $000 S0 0050.06 ices o0 00
a Lultl~ is $0.25 item 00 .00
- $0 34 item so. $0,00 1
Additional _ cuAom itm .00 50.001
'acts>2% $o,S item .00 50.00 . -So Immoficht so oa
Stop File •ecu solo item 50.00 50,00
el Nodfiation 515.00 box .00 50.001
o Its 5015 item 00 sow
IE M4 515.00 10.00 so 00!
Mail cbmet car box 00 .0o'
Deliven to Bank Ons. Tew branch $65.00 bcrK 00 .00 .00 rmamisoon Dee dt Jet only)7 100,00 mcolh 1 00 $24 54 µ
OdNp r for FAnmw No mLa NO CHARGE 50.00 :=010 ~
o
wanded Mail 50.20 item 00 A4&ey CUM On-Line S0 35 Item 00 f0,00~
dmuCba oo, eTnam euslam item 00 $0.00
Account i.t rya __aulam f0.00 $0,00
item 50,00 49.00
Tape ct 300 00 itan
560.00 hour _ `
SUBTOTAL:
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MONTHLY TOTAL: 117D-744 we I ;
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Bank One, Texas, NA
Proforms Pricing for.
City of Denton Tax Option B Wholesale Lockbox Processing
an
W
ANALYSIS DESCR noN Volume Unit Unit of Toot Ba .
Account Meintenaoce 1 S10.00 axa¢tt 10.00 2,429.48
Xbockm Pai4lDebita PoSted 50.12 item 50.00 50.00
""C its poded 20 Sb 6Q item $12.00 $2914.17
fed Item " solo item SOW S000
Coau~orcla1 Irun
50.00
NO CHARGE 1 $0,000 item flSD
US 218 50015 item f794,11
Ci C Houx 307 50.030 item 2 236 6)
CPC l08 item t 180.24
R
DaUss Cara 50033 _item 50,00
11 th Fed Dirtrict • Ci 54 item 524. S3
11 th Fed District • RCPC I S MOSS item 200.35
edendRtKmCitiu 1S $0070 item 5354,99
edril Rants RCPC dt Conn 81 $0070 item l 376.95
Statewide Ckerins Howe 334 .020 item 1719.36
Ci Selects 2l 50023 item 5127.50
RCPCSeleou 327 $0035 item 277939
u cam Selecu 50.00
$0,2501 item t 50.00 In no
beet3aaroaS
S P t•Manuld $22.50 item .00 $0,00
S Pa t-Automated $10,00 item 00 00
SFOwdnlt 525.00 _ eye 50.00 5000
ultiIe Sizaalm Review SS0,00 ar.. ,.t $0.00 50.00 .
ears lfaa
tun Item 53.00 item 50.00 _$0000
turn Rem-Red ORecleat $2.50 item 0,00 .0O
Item Muili Repmtnit 13,50 item 50.00 $0,00
etum Item Telephone NoOution 53.00 item 00 $0.00
tum Item Tmnsmiuioa of Available $010 item 00 SOHO j
etum Item NoulkAtic n-Alteoate AddmSS 51.00 item $0.00 oo
etwnltem_DDu IicateA,'vice St,00 advice 50.00 $0.00 `
etumItem-Duuliate Cop ,r'-4t4 $100 item 30,00 50100
DcT Return • Detail Repoft n _ solo item
etum item S isl Handtin $3.15 item 50.00 50.00
fatemm u
Dkuly Statement $S,00' ewh x.00 SO'
Weekly Sta4snent _ 37 00 stir $0.00 50.00
S ice' Sutertxal Culo6 - _ $7,00 aeh 0.00 $0.00
00
Uotu1 Staterttnt 58.00 ach ).00
DuoliuteStateawl. SS.00 wh 00 $000
Hold Statement 15 00 eacU
SUBTOTAL:
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Bank One, Texas, NA
Proforrnm Pricing for.
City of Denton Tax Option B Wholesale Lockbox Processing
Mail McDongld T a
ANALYSIS DESCRPMN Volume Un t Unit of TOW Balatxes
Prix _L Meanue Not uired_
BwA lie One Gnreafw D't~',+'InloMS -
Ax Dwo 't Detail I S 1000 axotml 510000 50.00
bon box Detat7 A mo _ 1 DO $0.10 item Sl50.00 $0.00
AccoueL Summary OdY 1 510.00 aceaml
SUBTOTAL: - SZ.~S !>Z
r
Wholeaale Lockbox Mainttm m 1 590.00 boot $90.00 S2 5$66,29
Lockbox 1.$00 50.50 item SeS0.00 $109,251."
minimum lockbox SY1'00 box I
$O, is item 00
Sa 50.33 item $0.00
WeC to Dvowitz $10.00 't 00 $0.00
Special 5~ Report $50.00 box 0o $0.00
Special SuV13votit $0.12 item 50,00 50.00'
Maiatcoaoce $50.00 _ b~c
Belch Size Limiwtiaa $0. DS item s0,00 $0 DO
Maintenance 50.00
eezictive Endaxmag Review M I S - ~tem $0.00 50 00
MainwaNwe $50.00 montht
ition4 50.15 item 00 50.00
ticate Deposit Advice _ $2000 box 50.00 SO.00' • it
losed Ao xxmt $0.20 item 5600 200011
ulti IeAddreaMaiw 52000 ,bolt 00 50.00
oRaSe Daily $0.00 item $0.00 $000
0 cRARos rot udad I $0,00 minimum
o"/ExtxenMailPtepentiom $25.00 brx 5000 50.0011
b to Bank One Tew,bnttr2t 565,00 bolt 50.00 SQ.pO
to En MICR Line 1300 5030 item
Data En K (150.00 536/21,15
0.0015 I tt01 a 50.00 $0.001
' uswm Report $55.00 11904 50.00 S0.001
ruwrduion of 50.00 box 50.00 $0 01
Tel-Pe hone Call • Deposit ToWs Orly - S 15000 ox x .00 goo
el hoa Call • DeWI + (Tma1 fee) 1000
LX. it iotsl! On1Y $200.00 - box SON
Fax • Dd" + oLl fct_ _ 2S item 50 00 $0
.00
5200.00 box _ $0.00 $0 DO
PM xnuu'uS,_ - hour
• SUBTOTAL a
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MONrNLY TOTAL: Una
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Treasury Maragement Service Proposal C(ry of Denton
Pricing j .
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pricing and solutions offered are confidential in nature. Tte disclosed pricing is valid for 90
days from the date of this proposal. k
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LOCKBOX SERVICE AGREEMENT
THIS AGREEMENT is executed by BANC ONE CORPORATION a agent on behalf of
certain banking subsidiaries (such subsidiaries, whether one or more, "Bank ne') and the
undersigned customer ("Customer"). Terms not otherwise defined in this Agreement shall have
the same meanings as such terms have in that certain Treasury Management Services Agreement
by and between Bank One and Customer. In consideration of the mutuol covenants contained
herein, Bank One and Customer agree as follows:
1. Services. Bank One agrees to provide Customer with certain lockbox services (the
"Services) as more fully described in the Implementadon Questionnaire. By execution of this
Agreement, Customer acknowledges receipt of the Implementation Questionnaire Prior to the
commencement of the Services, Customer shall provide Bank One with a completed
Implementation Questionnaire which shall designate the Services to be provided under this
Agreement and shall provide Bank One with such other information as may be reasonably
required to implement the Services.
2. Establishment of Lockbo:.
a. Customer authorizes Bank One to establish a unique United States Postal Service
("LISPS') address to be used to specifically identify Customer's remittances (the "Lockb x").
Bank Onc shall have exclusive and unrestricted access and use of the Lockbox for the purposes
of handling Customer's remittances.
b. Bank One shall notify Customer as to the unique mailing address with which Bank
One shall use to identify Customers accounts receivable remittances for the purposes of this
Agreement. Customer shall use this mailing address in communications to its clients as to the
address for mailing their remittances. Customer shall notify Bank One periodically as to the
number of its clients receiving such comrnwucadons and the payn,er,t date of all anticipated
remittances (with prompt notification to Bank One if such information materially changes).
3. Processing of Lockbox.
M
a. Bank One shall collect, upen and process for deposit all Customer mail received by or
from the USPS identified by the Lockbox according to the Bank One's pre-established LISPS
mail pick-up and processing schedule. All items will be processed in accordance Vth the
Implementation Questionnaire. Items which are deemed to be unprocessable due to failure to
meet processing criteria set forth in the Implementation Questionnaire shall be delivered to
Customer. Bank One will endorse all items for deposit with the standard Lockbox endorsement.
b. Customer will establish and maintain an Account with Bank One or an Affiliate in B
which remittance payments will be deposited, Bank One will inform Customer of the appropriate
Affiliate options far the Lockbox location, I,
LOCKBOX SERVICE AGREEMENT Page I
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C. Bank One will create muluplc batches of items throughout the processing day as
volume wanants for deposit to Customer's Account. Bank One will ensure completion of item
sorting and clearing, including the assignment of float and according to the latest check clearing
schedule, throughout the processing day. The deposits will be microfilmed in processing
sequence. Microfilm records will be retained by Bank One in accordance with its record retention
schedule, as amended from time to time.
ci. Bank One will prepare a remittance package(s) containing reports and back-up f
documentation o63ch business day as described in the Implementation Questionnaire. The i
remittance packages) will be forwarded daily via the method indicated in the Implementation k
Questionnaire.
4. Termination of Lockbox. Any items or correspondence addressed to Customer
received in the Lockbox after termination of this Agreement shall be sent by Bank One to
Customer at the last address of Customer in effect hereunder for a period of ninety (90) days; f
provided, however, that Customer shall pay Bank One's then standard fee for such service.
5. Service Cbrr¢es. Expanses such as box rental, postage and exchange charges may
be paid initially by Bank One. Customer agrees that it will be responsible for and will reimburse
Bank One for all such actual expenses incurred by Bank One.
EXECUTED as of by the duly authorized representatives of the
parties hereto.
BANC ONE CORPORATION, as agem jor
certain banAing subsidiaries which shall berome parties
to this Agreement from time to time ("Cusromer )
By: By:
Name; Name;
i
i
Title: Title: t
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I
LOCKBOX SERVICE AGREEMENT Page 2
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BANK ONE, TEXAS, N.A.
COLLATERAL EXHIBIT
Bank One, Texas, N.A, intends to select securities from the Collateral Exhibit and the Federal
Home Loan Bank of Dallas will serve as custodian. The Public Fund may request to (a)
pledge securities selected by Public Fund or (b) deposit securities with any custodian other
than the Federal Home Loan Bank of Dallas. All selections of securities or custodians are
subject to the approval of Bank One, Texas, N.A., which approval shall not be unreasonably
withheld. The collateral fees will be determined based on the Collateral Fee Exhibit. I
In the event, Bank One, Texas, N.A. requests substitution of collateral, the Public Fund agrees
to provide a written release on a form provided by Bank One, Texas, N,A. Within 46 hours of
request.
I
U.S. Treasury Bills
U,S. Treasury Notes
U.S. Treasury Bonds
Federal National Mortgage Association Agencies
Federal Farm Credit Bank Agencies !
Federal Home Loan Bank Agencies
1 Federal Home Loan Mortgage Corporation Pools
Federal National Mortgage Association Pools
• Govemment National Mortgage Association Pools i
Federal National Mortgage Association REMIC CMO's
(No variable rates or original maturities longer than IO years will be pledged)
Federal Home Loan Mortgage Corporation REMIC CMO's
(No variable rates or original maturities longer than 10 years will be pledged) i
• I Obligations of states, agencies, counties, cities, and other political subdivisions •
L of any state rated not less than "A" or its equivalent
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BANK ONE, TEXAS, N.A.
COLLATERAL FEES
ON EXCESS COLLATERAL
Khere securities are held at Federal Home Loan Bank of Dallas as custodian f
I
26 Basis Points on Bank One selected collateral
76 Basis Points on Public Fund selected collateral
%here securities are held by custodian other than Federal Nome Loan Bank of Dallas
100 Basis Points on E ik One selected collateral
200 Basis Points on olic Fund selected collateral
The fee will be assessed based on the average ledger balance for the month with a 2% cushion compared to
the average market value of wllateral pledged for the month. The applicable number of basis points
will be charged on the difference
EXAMPLE Average Ledger $1,000,000.00
2% Cushion $20,000 44
Cushioned Average Ledger $1,020,000,00
Average mar;,el value of collateral 31,500,000.00
Cushioned Average Ledger 31.424. 00M
Difference $490,000.00
' (x) 25 Ba"is Points $1,200,00
divided by 12 c Collateral Fee for the Month S101100
• This number is an example only
LOCAL GOVERNMENT CODE CHAPTER 225' )26 rends as follows;
• A public entity shall inform the depository for the public entity's deposit of public funds arm significant change '
in the amount or activity of those deposits within a reasonable time before the change occurs.
Added by Acts 1993, 73rd Leg, ch 269, efY Sept 1, 1993
It shall be the responsibility of the public fund to monitor the market value of pledged securities and the total
• amount of its deposits at Hank. If at any time the market value of pledge) smuritics shall be or become less • •
than 1001,16 of the total amount of the public funds on deposit wtith Bank, then the public fund shall immediately
1 notify the Bank, and Bank shall pledge additional securities, upon which additional securities the public fiend
■1r shall also ha% a its first and prior lien in such additional amount of pledged securities so at to provide toot less
than 100"/o secunty. The Bank will voluntarily monitor the market wiue of securities to the public funds on
deposit on a weekly basis,
)5 x ~~7 32 x~
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htUtllAL 11Unlt UJAN 1:1ANKOF DAL LAS
CUSTODIAL SERVICES
TERNIS AND CONDITIONS ,
These Cuttodial Senluf Term! and CondlrbN ('Term! and C Mditromry Govan WI Yuji m custodial service! betaean Bank One,
Tcxu, N.A '('Customer') and Depositor, at defined heroin, end Ibe Federal Rome Len Bank of LWlu ('Bank') with oRVees of
5607 N. McArthur, Irving, Texas 1!076, mslling eddmss AtWimiore Memha Sdeker ping DepwnenL P.O. IW9 619026,
Dallas"Fort Worth, Texas 75261.9026.
ARTICLE ONE
CUSTODIAL ENGAGEMENT
M
Section I.I. DEFNITIONS II
'Confim,' mew a document substantially In the roan of Exhibll A which sm forth site em of fie Cwtodiai Agreement and ~I
establishes the specific collateral to be delivered to Bank by Customer for the uerte At of Depositor.
'Custodial Agreement' mew an agreemem between Bank Custorw and Deposllce In have Cwwmer deliver to Bank for lose f
benefit of Depositor cauin collateral as outlined in the Confirm. Su:n agecenlew is evldetriced by a Confirm which kseosponeef
the Terms and Cond itions eontairstd here In.
i
'Depositor' means any INIiNtiun, wrp,mllon, munici all federal or Suit Agency or IruatmtenW Iry wtAOrlmd to enter Into
~
Custodiall Agreement and who enter. Into a Custodial Agreernem with Customs and Bank I~
'Customer" mew Bank One, Team, NA. who has emitted into a "Safelsteping Agramem' with tor Bank and who pledges `
collateral to Depositor In a Custodial Agreement '
Section 1.2 PERFECTION OF SEC'URM MEREST BY DEPMrfOR. The security interest tha Brim call of a
pledge of collateral Is perfected 6om the time that Use Bank Idemitks the pledge of the collateral "Its boob and rotords
and iuuev a Vuat receipt. Dint shall hart lost dory b Wentily the pledge of collateral on Ian kick! and records and kfsm a
trust receipt for the collaerd as sea torah In Section 2.e hereof Depe sltol shall hove the duty m obWn the Groat receipt N
order to verify Choi Customer has pledged corlawrai as directed by Depshs,
Section 1.7 PROMS rONAL PLEDOE. To the extent that Customer requests in writing, 0* the Be* prvvlfrondly segregate
specified collateral held M a ufekeeping account with the Bank to be pledged to Deposits, these Terms VA Conditions shag
govern such prwltional pie}ge.
Section I.e AtMfORl7A710N OF CUSTODIAL SERVLCFS. Clotxtres red Depwhm audwin sire fink toact n
cwlodian of collateral trwferted to h punueat b dos Confirm In accordanea with site Aghb real Otnies coatdned In these
Terms and Conditions and to uliekeep such vellatcra7 abject us than seems and oond'Nans of the Securities Siallcalkesepolras
Agreement executed by Customer and lost Bank. The Bank shall be compensated lbr, w smokes in connection with the
Custodial Agreement by the Customer in r:cordna with the publiMed fee schedule in effect on IN date site Confirm Y
Issued. All charges by the Bank for the handling and ufockceping orcoliatenl pmwrd to the Custodial Agre:rrterd shall
be paid by Customer.
ARTICLE TWO
IUGlfl S AND DUTIES OF CUSTOMER
i
Section 2 t OWNERSHIP OF THE COLLATERAL. Customer shell be the owner of all West 1, and all Income derived
therefrom, when trrufereed to the Bank under low Custodial Agmement asevidenced from sire Con Arm Ems tome toll
and the flank b acting u custodian o(Customes on behalrof Deposits In acesdsanca withsCustodlal Agreement
I
Seclion 2 2 CUSTUMEA'S 7LESERYATION OF UG1iTS N TI(E COL.LAI'ERAL. Upon trsnsfcr of mtlaterd by
C'uflomes to the Bank on behalf of Deposits, Cu inner !halt reserve the following rights In the colisterd, unieas otherwise i
agreed loon writing between Customer and Depositor, 'A' Ilse right to receive prepsymente of principal from mortgal
baked securilles and all income from the wilateral,'B' The right to conuol the mngement sdministnuton, and 1
lupcrv ision or the cnllalenl in sceordance with these Terms and ConditioN and the SecuritiesSdckeeping Agreement.
Scowl) ADDITIONSOFCOLLATERAI., Customer may transfer to the Bank additional eligible collateral Q '
acceptable to rkposilor. Upon transfer to the Bank of such additional collaterel, the Bank will send Customer and
Depovior a receipt Ident,fying the additional collateral
pages
,'"•t' 'l5 32 X Q
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'i eagresrtedla
o
r Section)./ SUBSTITLMONSOFCOLLATERAl, In the tV"l Customer nquess, in Waring, the Bak shall M19W '
to Cusiomes V Y of the aoBeten! upon reulp of orMr collateral In mbslitutkm thereof an written cud orization revived from
the Depositor. When substitution is made, the Bak promptly shall cauu a rtctipl describing both the collateral subvilulicif
ad that We sled to be milled to Customer, with a copy to Depositor, Upon such subairution, all rota tad obi gWons of
Customer and due Bak ad Depositor under IN Custodial Agreement. Including the pant of a security Interest In such
collalenl In 6v or of Depositor as set forth In the Con rims, shalt Isuturn ly apply to all tubs0hitrd collateral.
{
Section 2.d INDEMNITY OF THE BANK. Customer shall reimburse, Indemnify ad hold hatmksl the Bak him and
against clams of Wtd parties, Depe7Bur, of from my tun or other governmental chain, and my "pews related therew,
which may be Imposed or asusud In respect to the nutodist servion performed punual to the Custodial Agreement except
w ere extnt same rtmly from the trop negligence s willful miscondua of the Bak Cusraner hrduer apes that tl+e Bak allall
be entitled to make claim for ad to revive from the value of dve collateral pledged hereunder all 6'nda due tothe Bank Bom Canoner
punumt to the Indemnity punted by to parspaph and all of the costs and experoa Wwaling without Ilmhaton, attorney'$ fen
arising out orce In my way connected within talon In dit nature of an Imerpltader. Such eialnu by the Bank alvell hat priority
sWw (subject to any claims of Deposits( among the claims sarsrtrl, yaiM the collateral, Cussomv shall Molter mlmbw*. indetutlfy j
and hold harmless the Bak from and yainst claims, area, liabilities, expenaes, losaa and dwurga except thou ealeed by tea wtllhl
misconduct or gross negligence of the Bak reauitng Bon, the exercise by dve Bak or my authority or power tarwed io k heresmdes.
ARTICLE TIMEE
RIOHfS AND DUTIES OF THE BANK
Section T I PRINCIPAL PAYMPM ON COLLATERAL. Tht proceed. of ay paymems rce any rderthpton of reuritks upon
receipt by Bak are release of onllsseral,.r of any principal payments made on collateral except prepsymsthta of principal on mortgage
backed atc'urites, shall bt wind w Cuswmn on each prymetu dive. I
Section 7.7 COLLEC11ON OF INCOME ON COLLATERAL. The Brlk shall rolled my wwest dividrds, prepsymems of 1
principal on "age backed socusl6a or at"Inmm a Bate the cedlamal in actordarhv wilt are SenvWn Sahbeeping i
Apeemem executed by Customer and the Bat
Sect)" ).2 RESPONSIBILITY OF THE BANhC The Bak its officers, agents, area empluIm shat not be liable Far errors of
Judgment et" In holding collateral Initially delivered to it at its acq hu and aBawvrds holdLy Wdhiorul ealalered a habruaed by
Cmtames, nor for my lour arising m of my Investment nor for any depreciation in like value of my eolil l held by give talk punuat
to th s Agreemen, nor for my at. or omission to act, ptrloamed or omiated by this Bak la offlan, empbyram a mama, In the
execudon orthts eunudlarohlp In good firth. The Bmk shat be responalbk for the safekeeping of agcy eoodw1i kW by k ptravam w
these Terms ad Conditions, except that It shall not be liable a responsible for any as or omsssiue to ass firmly busker or similar stem
employed by" Bank w eRea a uwaction on Cuuonhet's belsalf, or fs eve financial solvency of my suchbrssket r atatt, so lent at
the Bak exercises the same care In selecting ouch broker s"r the Bak employs In handling dmllar transactions Nvotvint he
own property. In no evens shall the Bak be liable w Customer v Depositor for try special, consequential, bacidetual or Punitive
dmugei
Section d./ DIUMLS OF THE BANK. The Blank that hive eve following duties respecting collateral held by It, 'A' This
dory
to take possession of od sarelcep all collateral trwferred or maligned to die Bulk by Customer on behalf orLkpodtor; 'B' Tht I
duty to exercise nmonable skill and care when dealing with the collateral The strdard of skill and can estate" by the Bank
shall be Iht same as that employed by the Bank In dealing with slmilar transactions Involving property are dntlir type to tit
,
eolleteral for the Oak's own accoml 'C' The duty (I) to Identify on its books and records each pledge of Collateral that Is
transferred or asslgned to the oink by Customer on behalf or Deposits upon recelpt of swig collateral, and (2) to pmmp4y t
luw and deliver in Deptikor a cost recelpn for such erlla oral. '
A Section k d LIMITATION ON SCOPE OF THE BANKS DUTIES, Deposits acknowledge that: 'A' The Bak will not ,
mall and has no duty to make, my Inquiry Into the value w mat"tabillty of the mtlaleral ad shall era be responsible for
delermining whether the value ofthe collateral is W icknl to Fully collateraliu Ctsswnher's obligation to Dtpmiw, 'B' The
Bak shall ram record my assignments, III It any fmacifit statements with respea to my security InlereR rekmed to herein.
or take ay vther action W perfect any such ucmiry Interest, 'C' Neither the Bak nor any of is olbcess Awe made airy
mpresenilom. titen my assurances, or expressed any opiniomto DepmitaY uwNe effecdvenesrof ayoflhe procedures
ad right, herein provided In my situations, Including but not Ilmiad Ica eau when Customer Is pieced in receivership or Is - r
lawdated. md'D' The Bak is under no duty to mperrlsa tan Investment of or to advise or make any recommendation to.
Depnsitor or Customer with aspect to the sale or other disposition army colkieral at any time,
pole y
j • i
_ ~~i 32XIO
o ,
PON"
ARTICLE FOUR
GENERAL PROVISIONS
i
Section 1.1 RJCOMI.LATED DOCUMENTS, Exupi b the extent lncomiskm htrewlth, de Sewriales Safekeeping
Agreement, and all future documents distributed by the Bank and related to the subject marcrhe, hf shall apply to the
Curtodial Agr«mem u evldenud Dy tbe Cenfirru a between Customer and de Ba+Y u though set forth expressly therein.
Rection 1 2 SUCCESSORS AND ASSIGNS The Custodial Ay"writ u e 'denced by Litt ConMn shall Inure to the bens At
of and shall be binding upon the Hank Cm'omer and Depositor and their respective iuccesson and assigns, -
{
Section 1.2 C'ONSULTATLON WfFI I AT wORNEYS, The Bak shall be emldtd to tmplay and c uh with counsel of lu choosing "
at the expense of Customer and shall be entitled to act on advke of such counsel.
Section IA ADDRESS FOR NOTTCEAll vices to be provided hcre.mder shall be mailed or provided to the panto hereto
at the It addresses set forth to the Confirm.
Section I.S AMENDMENT OF THIS AGREEMENT. The Custodial AgresrenL may be amended of any file by written
tgreement signed by all panics thereto.
Section 1./ COUNTERPARTS AND EXECUTION. The Confirm may be executed in any number of t rumterpw, all of whkh
talon together shall constiNk one Instrument and any of ft partkt bertio may execute the Confum by Moving anv of ouch Counterparts
BY eaecutins the Conlnn de parties acknowledge reuipt of dose Terris and Conditions. .
ARTICLE FIVE
TERMINATION
Section 5 1 RESIGNATION Of CUSTODIAN. The Bank may resign fa any Ism upon five (S) busineu days written twig 10
m!omer. Upon receipt of much wrfnen notice, the Custaner shall promptly beak arA sir lm a tucaeua cancel and On Bank
shall Transfer all tollararet held by It to much successes custodian. If Customw does std ksute and ppoim s fuaessor enstodlssf
within:n4ty (70) Dwineu days of delivery of neskt o(retignatbrt both de Bank, dw Bark may transfer No tYltod(al dada b a
successor chosen by it and shall have nor What oblitmelorw or mimistu l!tits hsseunder. The oblKssiom afCuv&m and De,sailtor
tithe Bank pursuant to thin Agreement shall be leaned b survive army termincdoo of the Custodial Agreement OId arty removal a
resignation of the Bank.
Section 3.7 DEFAULT BY MEMBER. If die Bank receives horn Depositor wrltlen War ('Defauh Nei lad olCustomds
failure to pry when due, perform undo due antis a any ayte cant Dthins, s Cusmnrcr and Deponw secured by de eolldaal,
or perform under the arms of the Cu"IW Ag,tement (•Dcfah'), which, fallun "I be specified In devil, dun and rwwidntmeling
any defense, claim, or objection dame Customer may have to dw contrary, the Bank shr'' act n the exciwlve arm of the Drposhot
for the pwVm of detiverins, with prior written notice to Cummer, such part or all of tha conaarsl to A." Depositorrr he nominee k
directed In wri0rij by the Depositor. Deposits &I all be tntltled m retaln only that portion of the eo kinds} hwing avalut equal l other
amount of prlncipal and Interest that Customer failed to pay al m"ty, std Depalw shall promply eatark any Rkases, salgkrtento,
Quitclaims, orother dmumens rte my ordninbk to eRece a relent of De"Wo tenant io 6t remakrky pordoa of rho tallsteral.
Section S.3 SAI,SFACTION. Upon satisfaction of de Security Agreement between Custama snd Depositor, Depahor shall
promptly notify the Bank In writint of tuck satitfactlon. Such mtke shall be givenby Depositor as the form of Wfbh B, which -
exhibit If arached hereto and incorporated hen In by nfanence. Immediately afar receipt of nafia by Oepalmr, the Bank sitars
deliver tee collateral, together with any necessary mulgnmentsls), to Customer, and the Bank shall have ha Rader obligations undies
n the Cveadi at A greement.
. S,,Lion SA TERMINAtION OF THE CUSTODIAL AGREEMENT. The Custodial Agreervem: shall terminal upon the
earlier of the following (y thirty days from the date that Cusomer notifies tht book of de arminatbn of the Agreement and dellven
the consent of (epositor Lo such termination and transfer of the collateral, or (11) when the Bank no longer holds the collateral
IdrMi&d Ina Conf nn and pledged to Depositor pursuant to these Terms and Conditions
^as rOMW BANK ONE, TEXAS, N.A.
By___ TITLE _DATE__ ' .
• 'BAN'K' FEDERAL SOME LOAN BANK OF OAtLAS
Rt BY TITLE DATE_ _
'DEPOSITOR'
IIY~ _TITLE_ DATE
page 7
i pe4.r;
1
75 K 10 32'
A
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~XHrarr ..A„ ,
t
FEDERAL HOME LOAN BANK OF DALLAS y
Federal Home Lai Bnnk-Osllss I
Custody Receipt 5805 N. Macamhur L Yd. ~
Irvk+g, Tx T5006
Returnable sole v~sto ly receipt for end on behalf of
Bank One Austin Receipt No. Tax • 10
Public Entity Name 11412313 752270094
Attn: J rdy GVyW
1717 Main Street, W Oiled Aoqulred
Dallas, TX 75201 07126!94 07122/94
Customer No,
6500069 .
PerlSharas Seourlry 0era"M Cusp Number
6,000.00110 FHLS 31SU64M9
Prh: 5,000.0000
Maturely Rite Issued
/011611997 1011611992
IntefealDstn: WAS, DU16, 07/16, 1GI6
Loa6on(s): be6
6,000.0000 PLEDGEDto PUBLIC ENTITY NAME
Receipt Issued for
Exam M of 'Confirm" NON-NEGOTIABLE
EXHI@UJ4 r
AUTHORIZATION FOR PLEDGED SECURITIES
PLEDGE RELEASE
CUSTOOLAN BANK : Federal Home Loan Bank of Denss
DEPOSITORY BANK : Bank One, Texas, NA
1717 Main Street LLt
Dallas, TX 75201
n THE CUSTODIAN BANK NAMEDABOVE
• You an hereby authorized to allow deposit or mlesse of the sewftH descrDed below upon rpuoel from the above
named Depository Bank,
Safekeeping Custody Secv* par Amount
AccountNo. Receipt Description of
Number(s)-. Cusp Number,-___--- Securities ~y .
r`
Bank One, Texas, N A
Name of Depository Name Of Pled "080olltor
Authona0 SgMslure Authonted Signature -
Dale. Dole ;
i
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REFERENCES FOR RETAIL LOCKBOX PROCEStSINO
Denton County Electric Co-op, Inc., (now known as Co-San, Electric)
FM 2181
Corinth, : exas 76205 '
Contact: Mr. Dorwip Clary
Phone: ;940)383.1671
Fort Worth Water Authority
1 1000 Throckmorton
Fort Worth, Texas 76102
Contact: Ms. Sharon Harris
Phone: (917) $71-8270
1 City of Dallas
1 1500 Marilla
Dallas, Texas 75201
Contact: Ms. Nancy Buschmann
Phone: (214)670-3676
- r
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Agenda No._L7!_, A
Apenda Item fCQQ
AGENDA INFORMATION SHEET
+
AGENDA DATE: May 19, 1999
DEPARTMENT: Tax
ACM: Kathy Du Bose
t SUBJECT:
t i
Consider approval of a tax refund to Title Resources, account 0105139, in the amount of S623r92• The 1997
' taxes in the amount of $623.92 were paid twice, once by Title Resources on December 10, 1997, and once
by G.E. Capital Mortgage Company on December 17, 1997, resulting in an overpayment. 1
BACKGROUND:
Chapter 31.11 of the Texas Property Tax case requires the approval of the governing body of the taxing unit
for refunds in excess of $500,00. Title Resources has requested P refund in the smourt of $623.92• They
had collected the $623.92 at closing, because the property was being sold and sent in the tax payment.
G.E. Capital Mortgage Company unaware of the sale, sent the same tax payment. The Tax Department
sent an Overpayment Letter and an Application for Refund to Title Resources as requested. The
Application for Tax Refund is attached.
I
FISCAL. INFORMATION : The tax overpayment revenue fund would be reduced $623.92. ~i
Respectfully sub fitted:
I
j Jo ortune
Director of anagemen! and Budget
Prepared by,
• f
tLA
Cerolene Folse
1 Tax Clerk
w x 25 ~ a 32X
,
$LTD""
0
.aaau~ a
06,64 Isom
APPLICATION FOR TAX REFUND
caK*v omed C "'I to +a: pad q u w q
lpity of Denton Tax Office CitV of Penton
PrO»nt me l rV ce lnmba~ sad fneep
aA 1., McKinney St
Dry, trnn u poet oMos. uais, ZIP coda phone (Was W* "Ro"be)
Denton, Tx 76211-4299 (0,10) 349-8318
To apply lot a lax refund, the bxpeyer mud oomplele the followlnp.
Penr'a rrme
Slop 11: Scott B "lartin
Conor'snoms Prow, mranbadre4(raanew" aretr)
924 Smokerise fir
and address c~a arm Of ow 00110.1%*. ZIP aka Plw,0 lree avae sndnaar!
Denton, Tx 76205
Step 2: Log at descriptbn(or anach copy of he to, bm oe tar n oro0 Indian P.idge Subd, Block A.
Wecrlloo the
Lot 26
property
Addsseor location ofpropory924 Smoker.ise fir
~
Aoemnl number of property Tax reoviptnumber
105139 OR 9703180798
Name Year Da4 Amount Arnaunt
Slap 9: Of tainp Unit From NR,i h For Wtvcl, Rerund Of the of Of Tae Rsfund
Give the tax Rufund is neRueslod is Rerirsied Tu Payment two%Paid Re?rested
t City of Denton 19 .17 _ __12/10119.P7 623,92 tQ23.92 _
payment Z City of Trenton 19 X17 12 / 171 19 01- f 62 X92 t---
Informallon 19 19 t t
a. 19 _ J it r !
19 .1 it~
Tappet eel reason for rehmd(ateschsupWrVnpdualmanuerlanf~ AcCnUnt. was nald twice, once by
6,17, Capital Mor gRge and once by the Title Co. ( Title Resource
Title Resources is reeuestincT the refund.
'1 hereby soot M Wund of he above 60torUd loos and Certify fhet M hlamaeon I have them on hie farm fe eve and
Step 1: Mood to t of m knorA dpa and belief'
apP d
Q Sign the form II ena Dar of
hll
1 A perean makee at" entry upon ratepatna record shah 1M aubleal bane of tho reaawtn4 penshlser t.
ImPile
an of not *then
IO you ar •ae ysan ! Yeen andor a one of net Mare than IS,f100 at blh weh Me
end Hint nmenl;- . ronhmmant In R r e l up 10 1 veer of a line not le eeeeed II'M of bath suah Itn0 and
Imprlsonment to eel rath In Saallon . 0, Penes Cede
Step S:
Q Thie tax refund Is lJ Appe -ad J piseppreved 1 ~ Q Q
Tat refund
Ilph we,au.eolnrer au
delarmtnalbn h_PN _
SIQR hatE nee ce frldlu qu:gq vnMdsodc~eod eve, 1500 Dale
here
i
32
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Agenda No.~ L O-Djq
Agenda Item
Date
AGENDA INFORMATION SHEET
AGENDA DATE: May 19, '
DEPARTMENT; Tax
ACM: Kathy DuSo0 e j
j.
,S BJ! ECT;
Consider approval of a tax refund to K. Dale Brown, account #033887, in the amount of $947.85. The
1997 taxes in the amount of $947.85 were paid twice, once on October 30, 1997, and once on January 30,
1998, resulting in an overpayment.
$1~KCROUND;
Chapter 3 1.11 of the Texas Property Tax code requires the approval of the governing body of the taxing
unit for refunds in excess of 5500.00, Mr. K. Dale Brown has requested a refund in the amount of 5947.85.
Mr. Brown has several properties in the City of Denton and paid account #033887 twice in error. The Tax
Department sent an Overpayment Letter and an Application for Refund to Mr. K. Dale Brown as requested.
The Application for Tax Refund is attached.
FISCAL INFORMATION :
The tax overpayment revenue fund would be reduced by $947,85.
Respectfully subraht
t.
Jo Fortune
D torof anagement and Budget
i j
t P;epared by, rl
1 Carolcrre Folse t
r
Tax
i r
%
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r~ry
I
10
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So N%&MwALN~mm%ALMM&~=9LML~
e
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¢ertpewae
P, 14 4-01, 1
APPLICATION rOR TAX REFUND
Celeakq onbe nr.r CeMQne W lore puMlp UMS)
City of Denton Tax Off1co_^,- City-of Denton
hewnl meir~p dd~eu (nv^AwrlrfreaU
215 E. McKinney St.
G7. ~n e. pwt eTO. lwe. zip code R,ar (Was Wdf W Pumnbaj ,
Dentor, Tx 6201-4209 - (940X30-8318
To apply for a lax refund, the taxpayer must complele the following.
p,nvr'e tome
Supt: K. Dale [frown _
Owner'o name Prowl myery add,sts p"tnbev and swill
` ■ne address 718 N, Elm
city. so + e, pwl omes, stale, 21'• mde Pietas lure roM uvf ^ neol
Denton, Tx 76201-4129
Stop 2: legddnsufpl!onfora.tsehcopy offtOx bill or law roap9'... j185A 1`319 h. CRP, Tract 366,167,
W sot the the
acres 0, 5029, Old DCAD Tr 9
propotty
A,7doleor batlonof mprrty: 718 N. Elm St
I
Aa nl% mbar of pfoperlY' tat renlpt numbet.
_ (133887 on 9704300260
114^0 Year Dote Amount Am~unl
Star) 3: (X Tilling V1 ;I rfom Vfiich rd 7Nld, neuund Of The Of Of tae refund
GIve the tat narund h neQleslyd Is n".ostad to Peymenl cast Paid nt(7.aesled
I City of Denton 19 97 10/30119 07_ 997.85 1
payment ~Ity o~ i5enton-` 97" `~j3D '38 `TiEfi:FiS-
Inlonnallon 19 19 - 19 to
Tarpoyrr's fenson for rehn,d renaeh stfMrfinp docunrntarion): Taxnai'er has; several properti?s
and_ accotint_pC'i4n({ the a)oye acct twice In error
'1 hereby Mpry for tr refund 0 h" ve described f ete4 4nd oortily that M Info, "Ean I leve 91vM al hIe torn la true and
Slop R; tonocd to U's st o, my Mowle and belief.'
Slgnthe lotnt 11th" - I Den easMwnMd I
horo) i_ r-~1c~ d f,
Any person who- mef to e en111 up n Me fm Trv rooard ohs" bisusuM"el to One at the following p milder. t.
Imprle.>nma+t of net Moro than 10 years her lees then 2 yenl end•et a Me tr nal mor0 Olin 15,000 of toed such "no
and fprleenmant; 5, ton Memtnl In IeH fer e t up to I yen n a Bn" not 1. eteaed 12,000 of 601% sueh flue and
ImptleoAMe ' ,.f fell forth In Bedbn 01.10, pMa1 Code. '
Step
TWO lilt refund Is EJApproved -EJDlupprowd
Tat refund
dol"rminalbsign ~AAo UedefM1, - To
'
ee°"YYYFFF n here _
sign ~ p esd 9 e ke•Itj of is ' q u .V+l la reLM .cd a rna of a e, ism De it
here
32 X [I
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. .e W'.a +e L.. x. qtr,.. .wv..... ...,,.vt,.wN:aU4MGhr-w.MaMe+nTU~MYN,wiv ~n.....•.... ~
Apenda No,
Apenda Item
Date
AGENDA INFORMATION SHEET
AGENDA DATE: May 19, 1998
DEPARTMENT: Engineering dt Transportation Questions concerning this-
agreement may be submitted
DCM: Rick Svehla, Deputy City Manager X~l to Jerry Clark • 8358
SUPJE
t AN INANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CARTER dr BURGESS, INC, FOR
UNICORN LAKE ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (City of Denton
participation $50,000)
BACKGROUND This area of Denton has seen a significant level of new development. Unicorn
is an existing lake that can easily be converted into a regional detention pond, provide parks
amenities including walking trails, playgrounds, etc, and improve water quality through the use
of wetionds bioRliering treatment on each end The center portion of the lake would provide the
standard amenities by functioning es a recreational water feature.
ESTIMATED SCHEDULE OF PROJECT The design work would begin immediately after
City Council Approval and would be complete in four months as per the attached schedule That
would be in mid September, 1998.
PRIOR ACTIONIREVILW (CouoclL Hoards Commissions) The Citizens Bond Oversight
Committee recommended approval of the projects on January 8, 1998. The City Council
4: .
recommended approval of the projects on February 17, 1998,
FISCAL INFORMATION The contract will cost $50,000 which is funded from the
Miscellaneous Drainage Bond Funds from 1997.99. "
Al (See Attache.!)
j
Respectfully submitted.
I 1
fto-lf ngineering and Transportation
.
l ~ 4
i
i
~I
I r i
'r I
Y
( u~',a: 2 x 32 x ❑
Al- -
•
~w
Traiisportation Dept
Memo
To: Maya and Members of the City Council
From Jerry Clads, Director of Engineering and Transportation
Date 05/04/98
Re Contract with Carter and Burgess for Unicorn Lake Design
The southeast quadrant of Denton has been experiencing significant development activity.
Development of single family subdivisions has been very active which creates the need for
drainage improvements The drainage area runs from the East End of Southridge to State
School Road. There are some downstream restrictions at State School Road and through
Wimbleton Village that require upstream detention ponds to regulate the increased storm
water runoff.
Detention ponds perform much better if they are designed and constructed regionally so that
most of an area drains to one larger pond versus each development laving its own separate
facility. The Nonh Lakes Ponds are an example of the proper way to integrate these ponds.
They are regional, perform multiple functions, and are reasonable easy to maintain. Sites
where apartment complexes use their parking lots and have small, narrow pond designs along
a property line with minimal access for maintenance is an example of the design that we
would like to discourage The developers in this aver Including Jake Hershman, and Bob
Shelton have agreed to pool their funds to construct a regional pond if the City would
1 participate by designing it.
M Caner and Burgess has completed some drainage studies in this area so we feel that their
knowledge base of the existing and proposed coot,;,Iors are the best available. They are
currently working with us on the desig,: of the Eagle Drive Drainage and Collins Street Paving
and Drainage Project. Their proposed fee,, is reasonable, We would recommend approvo of the
contrid
I
2
1
25K 10 32X111
0
. p.. .rc..~; a
i
1996 OVERSIGHT COMMITTEE MINUTES
January 5,199811:00 a.m.
The committee convened at 11:00 am. in the Human Resources conference room at the
Denton Muaicipa! Complex.
The committee members present were Joe Mulroy, Roni Beasley, Margaret Smith, Jesse
Coffey, Terry Schertz, Rick Svehla, Kathy DuBose, Ed Hodney, Jerry Clark, and Kathy
Brooks.
A. MINUTES
1) 09/29191 Committee Meeting
Morton to approve by Jesse Coffey. ,Margaret Smith seconded the
motion. Minutes were approved unanimously.
j
B. FINANCIAL TRACKING
Kathy DnBose overvtewed,
C. STATUS OFPROJECTS
Rick Svehla, Jerry Clark and Ed Hodney averviewed.
LUNCH
D. ITEMS FOR CONSIDERATION
I) Bridge at Carroll and Crescent
Rick Srehla and Jerry Clark oven-leired
E. ACTIONITEAIS
Jesse Coffey moved to approve. ill Jive action Items with Option A on item
number five. Terry Schertz seconded the motion. Committee unanimously
approved.
0 I) Miscellaneous Street Projects
2) Miscellaneous Drainage Projects
3) Signals a
i ` 4) Sidewalks
0 •
S) Parks and Recreation Field Improvements
J14
3
51
-
,r,
*2 .5 x CJ 32X10
Mwe"
c
MWAM
12/15/97 Miscellaneous Projects for 1998
• S22,000 for Sidewalks alonr, feeder streets on the north side of UNT such a Bradley,
Miller, Hickory, and Jagoe. These will aid student access to campus fror s the reasonably
priced housing and address some handicapped limitations by added ramps at key locations
Miscellaneous Drainage 1998-Available Funding $179,000
• $50,000 for Design of Unicom Lake as a Regional Detention Structure. Development
activity in the area is very high and the developers have agreed to constnttx the lake and
dam if the City provides the design. They will use it to handle their site runoff that reduces
their site development drainage costs.
• $28,000 to reimburse the Pecan Creek at Robertson Account for the design of South Lakes
Retention Pond Dam N2 which is funded for construction only in 1998.99.
• 560,000 to upgrade the culverts on Mayhdl Road to 8x8 box culverts similar to the recent
project on Spencer to address drainage impacts of past and recent development.
• $33,000 to fund slope protection for Cooper Creek at Old North Road. Erosion is severe
and needs to be addressed before the street, sidewalk, and adjoiting homes are effected by
the loss of the stable channel walls,
• $7,000 to fund Engineering and Transportation Staff Time to develop a Design Scheme
for the Greenbelt area in Township 11 where Councilman Young and the Neighborhood
Association have has presented concepts but everyone is not in agreement yet.
Miscellaneous Street Improvements 1997
The length of the roadway described as Lakeview Boulevard has increased to 17,100'. The
City of Denton will be participating in the road using a S10 per unit fod to pay for the extra
right of way from 60'to 0. The committee approvals for the Miscellaneous Street Funds for
1997 were given in the July 7, 1997, Oversight Meeting The cost for this participation is
estimated to be 5111,000 The original estimate was 5161,000 based on a roadway length of
16,100. The additional cost of S 10,000 will mean that the stmt projects have to be reduced by
-14 that amount This should be covered by the fit a that the school district is asking that we
abandon Linden Street between Alice and Fulton which is 900' long. We will adjust the
projects using any flexibility possible to be sure that the total costs do not exceed the budgeted
figure of 5400,000 for the participation in Lakeview, and the repaving of Linden, Fulton, and
Pandhandle Attached are the original sheets from the April 3, 1997, Oversight Meeting
Drainage Update: PEC 4 and Pecan Creek
Another item that we would like to cover u an update on the PEC 4 and Pecan Creek
Drainage Projects. As per the attached status sheets, the section between the main channel of
Pecan Creek and Bradshaw is well underway. We expect it to be complete by the middle of
January 1998 The attached schedule shows the status on the plans and the construction
schedule that will be possible if we can get the easements in a reasonable time frame.
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR
UNICORN LAKE ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to hire Carter & Burgess,
Inc. to provide professional engineering services to provide a topographic survey, hydrological
analysis and design services for Unicorn Lake; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON H'dREBY ORDAINS:
SECTION 1: That the City Manager is herby authorized to execute a Professional
Services Agreement with Carter & Burgess, Inc. for professional engineering services for
Unicom Lake, in substantially the form of the Agreement attached hereto and incorporated
herein by reference.
SECTION IL That the expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION III: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the _ day of , 1948.
JACK MILLER, MAYOR
ATTEST:
• JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
~J HERBERT L. PROUTY, CITY ATTO
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COPY OF DENTON, TEXAS
i
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORT I:
HERBERT L. PROUTY, CITY ATyNEY
BY:
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CARTER & BURGESS, INC.
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PROFESSIONAL SERVICES AGREEMENT
FOR UNICORN LAKE ENGINEERING SERVICES
STATE OF TEXAS i
COUNTY OF DENTON y
THIS AGREEMENT is made and entered into as of the 2nd day of April, 1998, by and
between the City of Denton, Texas, a Texas municipal corporatiosr, with its principal office at
215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER"
and Carter & Burgess, Inc., with its corporate office at 7950 Eimbrook, Dallas, Texas 75247,
hereinafter called "CONSULTANT," acting herein, by and through their duly authorized repre-
sentatives.
Vt7TNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest pro-
fessional standards customarily obtained for such services in the State of Texas. The profes-
sional services set out herein are in connection with the following described project:
The Project shall include, without limitation, to provide a topographic survey, hydrologi•
cal and hydraulic analysis and design services for the spillwa;,, and dam design and grading plan
for Unicorn Lake.
ARTICLE 11
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
I
A. To perform all those services set forth in CONSULTANT's Scope of Services dated Feb-
ruary 25, 1998, which proposal is attached hereto and made a part hereof as Exhibit "A"
as if written word for word herein.
I B. CONSULTANT shall perform all those services set forth in individual task Orden which O ~
•
shall be attached to this Agreement and made a part hereof for all purposes as separate
agreements.
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C. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms E
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described as fol-
low:
A. During the course of the Project, as requested by OWNER the CONSULTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural Re-
source Conservation Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER's personnel on an ss•
needed basis in preparing compliance schedules, progress reports, and providing general
technical support for the OWNER's compliance efforts.
B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
C. Sampling, testing, or analysis beyond that specifically included in Basic Services.
D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or
files for the OWNER's use in a future CAD system.
E. Preparing applications and supporting documents for goy eminent grants, loans, or plan-
ning advances and prrviding data for detailed applications.
i
F. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or cmidemnation proceedings arising from the development or construction
• of the Project, including the preparation of engineering data and reports for assistance to
the OWNER.
O. Providing geotechnical investigations for the site, including soil borings, related analyses,
and recommendationE.
• H. Preparation of right-of-way and easement documents for the project site. B •
1. Obtaining a Clean Water Act Section 404 Permit.
Submittals to the TNRCC for a water rights permit.
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K. Payment of submittal and review fees to the Federal Emerge. cy Management Agency
(FEMA)
L. Obtaining permits from any other regulatory agency except FEMA.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonab?y be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
I, "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of geotechnical t
services.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment in-
curred by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from home, and similar inciden•
tal expenses in connection with that assignnrenL
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
• estimate detail at an hourly rate shown in Exhibit "B" which is attached hereto and made
a part of this Agrrement as if written word for word herein, a total fee, including reim•
bursement for direct aon•labor expenses r.ot to exceed 550,000,00.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the. OWNER through its City Manager or his
• designee; however, under no circumstances shall any monthly statement for services ex- p
teed the value of the work performed at the time a statement Is rendered. The OWNER
may withhold the final five percent (5%) of the contract amount until completion of the
Project,
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
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not submitted in compliance with the terms of this Agree"ent. The OWNER shall not be ,
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional pay-
ments by the OWNER for any charge, expense, or reimbursement above the maximum
not to exceed fee as stated, without first having obtained written authorization from the
OWNER. The CONSULTANT shall not proceed to perform the services listed in Article
111 "Additional Services," without obtaining prior written authorization from the
OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit "B." Payments for additional services shall
be due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTADri for serv-
ices and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of
one percent (1%) per month from the said sixtieth (60th) day, and, in addition, the CON-
SULTANT may, after giving seven (7) Cays' written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT has been paid in HI all amounts
due for sen ices, expenses, and charges, provided, how:rver, nothing herein shall require
the OWNER to pay the late charge of one percent (I%) set forth herein if the OWNER
reasonably determines that the work is unsatisfactory, in accordance with this Article V,
"Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
• The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULT-
ANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS j
• O •
All documents prepared or furnished by the CONSULTANT (end CONSULTANT'S
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and I
shall become the property of the OWNER upon the termination of this Agreement. The CON-
SULTANT Is entitled to retain copies of all such documents. The documents prepared and fur•
rushed by the CONSULTANT are intended only to be applicable to this Project, and OWNER'S
use of these documents in other projects shall be at OWNER's sole risk And expense. In the
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event the OWNER uses auy of the information or materials developed pursuant to this Agree-
ment in another project or for other purposes than specified herein, CONSULTANT is released
from any and all liability relating to their use in that project.
ARTICLE Vlll
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER u an independent contractor, not as
hn employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
I
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and cxpenses, including, but not limited to court costs and reasonable attorney fees in-
curred by the OWNER, and including, without limitation, damages for bodily and personal in-
jury, death and property damage, resulting from the negligent acts or omissions of tht CON-
SULTANT or its officers, shareholders, agents, or employees in the execution, operation, or per-
formance of this Agreement. I
I
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or r,luity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense or governmental immunity, which defenses are hereby ex- '
pressly reserved,
ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
A of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carrie" of at least an A. or abode:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
5500,000 for each occurrence and not less than $500,000 in the aggregate, and with prop-
erty damage limits of not less than 5100,000 for each occurrence and not less than
$100,000 in the aggregate,
B. Au'omobile Liability Insurance with bodily injury limits of not less than S500,000 for
each person and not less than $500,000 for each accident, and with property damage lim-
its of not less than S 100,000 for each accident.
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C. Worker's Compensation Insurance in accordance with statutory requirements, and Em- i
ployers' Liability Insurance with limits of not less than $100,000 for each accident.
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D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall famish insurance certificates or insurance policies at the
OWNER's request to evince such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies, and shell contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute policies famishing the
same coverage.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dis-
pute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitra-
tion 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 ap-
proval.
ARTICLE X11
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
13. This Agreement may be terminated in whole or in pan in the event of either party sub-
stantially failing to fulfill its obligations under this Agreement. No such termination will
be affected unless the other party I-% given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
non-performance, and not less than thirty (30) calendar days to cure the failure; and (1)
A an opportunity for consultation with the terminating party prior to termination,
C. If the Agreement Is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall Immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days agar the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to terminatiun incurred prior to the date of ter- p
urination, 6; accordance with Article V "Compcnsation." Should the OWNER subse-
quently contract with a new consultant for th, continuation of services on the Project,
CONSULTANT shall cooperate in providing information. The CONSULTANT shall
turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for Its use,
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ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the responsi-
bility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work; nor shall such
approval be deemed to be an assumption of such responsibility by the OWNER for any defect In
the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address Ehown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT: To OWNER:
Burt Weathcrsbee, P.E. City of Denton
Caner & Burgess, Inc. Jerry Clark, P.E.
7950 Elmbrook 215 East McKinney
Dallas, Texas 75247 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
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ARTICLE XY
ENTIRE AGREEMENT
This Agreement, consisting or ten pages and two exhibits, constitutes the complete and
final expression of the agreement of tha parties, and is intended as a complete and exclusive
A statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which
may have been made In connection with the subject matter hereof.
i
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a coon of competent jurisdic-
tion 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 ar unenforceable. In such event, the
parties shall reform this Agreement to replace such stricken provision with a valid and enforce•
able provision which comes as close as possible to expressing the Intention of the stricken provi-
sion.
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ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules, regula-
tions, and ordinances applicable to the work covered hereunder u they may now road or herein-
after be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or I
physical handicap.
ARTICLE XIX
PERSONNEL
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A. The CONSULTANT represents that it has or will secure, at its own expet.se, all person- '
nel required to perform all the services required under this Agreement. Such personnel
shall not be employees or officers of, or have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict
of interest that may arise during the term of this Agreement.
B, All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not trans-
fer any interest in this Agreement (whether by assignment, novation, or otherwise) without the
prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless In writing and duly executed by the party to be charged 0
therewith, and no evidence of any waiver or modification shall be offered or received In evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unlen such waiver or modification is in writ-
ing and duly executed; and the parties further agree that the provisions of this section will not be
waived unless a set forth herein.
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ARTICLE Mf
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement: Exhibit A -
Scope of Services; Exhibit B - Professional Service Rate Structure.
B. CONSULTANT ogre.^.a that OWNER shall, until the expiration of three (7) years after
the final payment under this Agreement, have access to and the right to examine any di-
rectly pertinent books, documents, papers, and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have
access during normal working hours to all necessary CONSULTANT facilities and shall
be provided adequate and appropriate working space in order to conduct audits in com-
pliance with this section. OWNER shall give CONSULTANT reasonable advance notice
of intended at'dits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Burt Weathersbee and Alex Martinez. However, nothing herein shall
limit CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions he eof. In accomplishing the projects, CONSULTANT shall take such
steps a+ are appropriate to ensure that the work involved is properly coordinated with re-
lated work being carried on by the OWNER,
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's dis•
posal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all provi•
0 sions for the CONSULTANT to enter in or upon public and private property as required
for the CONSULTANT to perform services under this Agreement,
0. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement. e
IN WITNESS HEREOF, the City of Denton, Texas hss caused this Agreement to be "t. p
cuted by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of ,
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Exhibit "A"
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Scope of Services
Task No. I Topgg ohic Survey - Prepare topographic survey of lake bottom taking elevations
of top of At and hard bottom on a 100 foot grid. Additional elevations will be taS;en
to approximately 200 feet upland of the existing normal pool elevation.
Task No, 2 H rologic and Hy ra uti (Mm nalveis - HEC•I hydrologic model vrill be
prepared for existing and proposed conditions. HEC-RAS hydraulic model •Nill be
prepared for existing and proposed conditions from the lake upstream to where the
elevations converge with the FEMA FIS study, This H&H analysis will establish
design criteria of storage volume required, normal pool elevation and spillway
structure for up to two (2) lake configurations. Exhibits will be prepared to illustrate
drainage area map, existi ng floodplain and proposed floodplain around the lake.
Task No. 3 PrelimiQ= dCsjgp • Spillway and dam design and grading plan will be developed.
Canter & Burgess will assist the City In coordinating with adjacent property owners
in establishing acceptable design parameters with regard to size and shape of lake.
A preliminary estimate of probable cost will be prepared.
Task No, 4 FinaU2ssiga -Upon City approval of preliminary design, construction documents will
be prepared. This will consist of plans, specifications and estimate of probable cost.
Included in the plans will be:
• Cover sheet
• Quantity sheet
• Dredging/grading plan sheet
• Spillway plan and elevation sheet
• Detail sheet
A
Task No. S Letter of Map Rudy on fLO R . A}tr lake construction has been completed, Carter
& Burgess will submit documentation to the Federal Emergency Management Agency
(FEMA) in support of a LOMR for the lake and upstream creek. The LOMR
submittal will include the lake construction and projects that have occurred upstream
of the lake, Carter & Burgess will rely on information developed by engineers and
landowners of upstream properties to be included in the LOMR submittal. No truss
ye . sections will be taken of the upstream creek areas. o e
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Task No. 6 Geo M i al pvestigedon . Carter tit Burgess will subcontract the services of a
competent geotechnical engineering and testing firm to perform geotechnical
invesdgation of the proposed spillway and dam area. The purpose of this task will be
to obtain geotechnical parameters for design of the spillway and dam embankment
No contamination analysis will be performed as a part of this task.
Feet
k Task No. I • Topographic Survey Lump Sum • • • • $8,100.00
Task No. 2 • H&H Analysis Lump Sum • . • • • • $9,400.00
x Task No. 3 • Preliminary Design Lamp Sutra • • • • • , $ 10,500.00 ,
Task No. 4 • Final Design Lump Sum • , $10,600.00
Task No. S • LOMR Preparation Lump Sum . I • . • • • . • . • $5,400.00
Task No. 6.Oeotechnical Invesdgadon Lump Sum • • • •
TOTAL $50,000.00
The above fees are for work described in the scope of services. Any other services or major change
in scope of work, such as p gmradon of right of way or easement documents, obtaining Clean Water
Act Section 404 permit from the U.S. Army Corps of Engirteers, submittals to the TNRCC for water
rights permits, or any .,.het permits or submittals to regulatory agencies, will be considered additional
services and additional contpemation shall be mgodated at the time those services arc requested. In
some instances, fees for LOUR review by I EMA can be waived for public projects. This scope of
services does not include payment of submittal review fees to regulatory agencies.
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EXHIBIT "B"
PROFESSIONAL SERVICES RATE STRUCTURE
1
Principal 5100.001hour to S I 50,00vhour
Project Manager SS0r0o/hour to M00.00/hour
Project Engineer S65r00/hour to $90.00/hour
Office Surveyor $50.00&our to S60.00/hour
Registered Surveyor $72.00/hour to $I05r00/hour
Technician S45,00/hourto $75.00/hour
Field Party (3 man) S95,00/hour to S I00.00/hour r
Field Party (2 man) $70.OMwur to $80.00/hour
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Aoenda No
AGENDA INFORMATION SHEET Agenda Item
'
AGENDA DATE: May 19, 1998 Data
DEPARTMENT: Planning Department
CM/DCMJACM: Rick Svehla, 349.7715 F f
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} SUBJECT-Z-98-029; (261811630 Bolivar Street)
Hold a public hearing and consider rezoning Tract 133A, N. Meisenheimer Survey (Abstract
811), Denton County, Texas, from a Single-Family 7 (SF-7) zoning district to a Two-Family
Dwelling (2-F) zoninit district. The undeveloped 0.44 acre parcel is located on the east side of
Bolivar Street, South of Headlee and North of Fain Street. The proposal is to construct a duplex,
BACKGROUND
This property is located in a Low Intensity Ares as defined by the 1988 Denton Development
Plan. It has remained undeveloped since being designated within a Single-Family 7 (SF-7)
zoning district in 1969. The property is located within an existing single family neighborhood `
that has seen a mixture of single-family and duplex in-fill development over the past ten (10)
years. The applicants held a neighborhood meeting prior to the Planning and Zoning
Commission public hearing. One (1) resident attended and indicated support for the zoning
change. Likewise, of the seventeen (17) property owners notified, all rive (5) responses have `
been favorable (4) or neutral (t 1 to the request,
PRIOR ACTIONIREVIEW (Counj. Boards. Commissions
The Planning and Zoning Commission unanimously (5.0) recommended approval of this zoning
request on April 22, 1998 as recommended by staff with no conditions.
FISCAL INFORMATIQ
Nona
ATTACHMENTS '
1. Planning and Zoning Commission Report, Apri122, 1998, Z-98-020.
} 2. Planning and Zoning Commission minutes from April 22, 1698,
3. Neighborhood Meeting Sign-in Sheet.
4. Draft Ordinance. t
5. Photographs.
Respcctfully su it
Director of Planning and Development
Prcpa ed by,
IF &at
t ~ y Wayne Red
Planner I
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ATTACHMENT I
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Subject: 2620/2622 Bolivar Stwet Case Number. Z-98-020
,Staff: Wayne Reed, Planner I Q11@: April 22, 1998
GENERAL INFORMATION
Applicant: Ms. Anita P. Schulze
950 Prairie Trail SITE
Argyle, Texas 76228 ' I r r 4 t' (J k
Owner: Sarah Hancock f` - , I E 4 aN; ri +
2706 Benbrook 1: i
1
Austin, Texas 78758 { I, Action: Request change In zoning from Y + '
Single-Family 7 (SF-7) zoning district
to Two Family (2F) zoning district.
The applicant has proposed
constructing a duplex on the property.
Location: The subject property located on the east side of Bolivar Street, South of Headlee and
North of Fain Street. (See Enclosure 1)
Size: 0,44 acres
j Surrounding Zoning and Lend Use: f
LOCAMN ¢ LAND USE
North: Single Family 7 Single-family housing I
(SF-7)
South, Two Family Duplex housing I
_ _(2F)
Ear 1: Single Family 7 Single-family housing
(SF-7)
Wbst; Single Family 7 Singta-family housing f '
(SF-7)
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Denton Development Plan (DDP): +
Low Intensity Area #25
Low Intensity Areas are intended to ensure that the overall land use and transportation balance
within the city Is balanced by encouraging housing developments ar4 discouraging nonresidential
development. i
I
SPECIAL INFORMATION t~ ~ The property is nc.t platted. Platting will be required F' {
prior to development, j z¢2o1,
There has been a number of zoning changes in the
neighborhood that has resulted in three Two Family _
(2F) zoning districts (see illustration 1), The
property Immediately south of the subject property P `
was rezoned from Single Family 7 (SF-7) to Two r J
Family (2F) in February of 1981; later that same - 1
year in September, the property to the southeast -
was rezoned to 2F; and two lots south of the r°-
subject tract, a third rezoning Ir May of 1984 hiustrellon 1. Neighboring rezoning hat resulted in three
created yet another Two Family zoning district. Two Family t2F) zoning districts in the neighborhood
CyRQ OLQG~ I
January 16, 1969 The subject property was placed In the Single Family 7 (SF-7) zoning district
and use classification by Ordinance 69-01 which adopted the Comprehensive Zoning Ordinance I
anr; Map for the City of Denton. j
I
PJBLIQ NOTICE
Notice of the zoning request was published in the Denton Record-Chronlcle on April 12, 1998.
Seventeen (17) property owners were notified of the request on April 10, As of this writing, four
responses have been received In favor and none In opposition.
Staff finds the request to be consistent with the 1988 Denton Development Plan. The request for a
• Two Family (2F) zoning district Is compatible with the Intent of Low Intensity areas. Intensity
standards are the same for single-family and duplexes. Thus, this development will not create any
additional traffic than would a single-family dNelling, Currently, Bolivar Street (North of University
Drive) handle; ' 72, trips per day, allowing for additional traffic without congestion. The applicants
held a neighborhood meeting on April 9, 1993, to meet with surrounding property owners. Only one
(1) property owner attended the meeting; She supported the proposed zoning change. This appears
• to be the consensus of the nelghbors, such us Rudy Si the property owner of 2205.2209 Bolivar f 0 •
' Street, who said in her written response In favor of the zoning change, "Most orthe 1200 block of 8olitrrr
1 it OPION frrmlhv, lnrhrding ours. A nice dtq;1rx tirordd fit in vrty nicely" (see Enelosu'r~3 3).
Staff also finds the requrtst to be consistent with the 1998 Denton Plan Policies Documents, In
particular, this zoning rec,uesl Is consistent with the neighborhood and Housing policies.
QElURir,' 4 r"iR~~~rtldoc 3.
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MOOMMONEWMW
RECOMMENDATION
Staff recommends approval of Z-98-020.
MOTION
I move to recommend approval of zoning case Z-98-020.
ALTERNATIVES
L U3ny the request.
2. Approve the request as submitted.
3. Approve the request with suggested conditions.
I 4, Approve the request with additional conditions,
5. Postpone consideration.
ENCLOSURES:
1, Zoning Map.
2. Location Me),
3, Written Response from Rudy Stippec.
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ENCLOSURE
NORTH
Z-98.020 262812630 BOLIVAR STREET
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- ZONING MAP
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ate: April 22, 1998 5. UsIc Nom
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Z-98-020 262012622 BOLIVAR STREET
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Date: Apdt 22, 1998 scale: one
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ENCLOSURE 3
NOTICE OF PUBLIC HEARING
Z-98-020
The Planning and Zoning Commission of the City of Denton will hold a public hearing on
Wednesday, April 22, 1998, to consider rezoning an undeveloped 0.44 acre tract of land located on
Bolivar Street from a Single-Family 7 (SF-7) zoning district to a Two-Family Dwelling (2-F) zoning
district. The property ;s located on the east side of Bolivar Street, South of H :~adlee Street and
North of Fain Street: It is commonly known as 2620.2622 Bolivar Street (see map on backside).
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas, Because you own property within two hundred (200) feel of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and invites you to attend the public hearing. Please, In order for public
opinion to be taken into account, return this form with your comments to:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Wayne Reed, Planner I
A zoning petition follows a two step process designed to provide opportunities for citizen
Involvement and comment. The first step, following the submission of an application for a zoning
change, Is to schedule a public hearing before the Planning and Zoning Commission. Landowners
within two hundred (200) feet of the subject property are notified of the Planning and Zoning
Commission public hearing by way of this notice. The Commission Is Informed of the percent of
responses in support and In opposition. Second, the zoning petition Is forwarded to the City
Council for final action providing the Commission recommends approval. Should the Commission
recommend denial, the petitioner may then appeal the request to the City Council. H owners of
more than twenty (20) percent of the land area within two hundred (200) feet of the site submit
written opposition, then six out of seven votes of the City Council are required to approve the
zoning change. These forms are used to calculate the percentage of landowner opposition.
Please circle one.,
I
n favor of request Neutral to request Opposed to request
comments: 7 /
112ost ok t ~r J7 00 lD Age) c►t Qc~Qwuv w
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CAPRI Signat
Printed Name: dMailing Address: /01 cX~tCCc _ 12dLr16_
City, State Zip: P Bs.Xol 7-,K G a0 j o
Telephone Number: t ? R-d 8'
r Physical Address of Property within 200 feel o e)09 as 0~ ~c'~sL GN
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 78201 • 840,349.8350
250-020 2X'Wikotiondoe
7.
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Planning and Zoning Commission Minutes ATTACHMENT 2
April 22, 1998
Page 9 of 20
Ms. Schulze. Okay, I would like to put a single-slory duplex on the property that would be 2,300 to 2,500 square
feet, I will live in one side and have elderly people residing In the other side.
Commissioner Powell. Are there any questions of the petitioner? "
Ms. Gourdie So, do you have the couple already in mind?
Ms. Schulze: Well, no, I don't.
Ms. Gourdie. Okay; thank you.
Commissioner Powell: If there are no further questions, then thank you very much.
Ms. Schulze, Thank you.
Commissioner Powell: Is the a anyone else to speak In favor cribs petition? Is there anyone to speak against the
petition? Is there anyone to speak against? No more speakers; we'll will go back to Mr. Reed and close it up.
Mr. Reed I will Say two other things. First, I received another response today that was neutral to the request. So,
that' 'als six responses-five in favor and one neutral to the request. Also, the applicants upon the behest of stall,
organ,. Oda neighborhood meeting at which only one individual showed up. It was odd, she was my former landlady
from Canton prior to my relocating after t was married. She is not a current property owner but Is going to be
immediately on the backside and she supports it as well. So the applicants have shown good faith In meeting with
neighbors or at least presenting the opportunity to meet with neighbors. -
Commissioner Powell. Thank you.
Mr. Engelbrecht She heard that you were involved with this case?
Mr Reed. Somewhat
Commissioner Powell. Any other questions of Mr. Reed? Being none, I will close the public hearing and open the
floor for a motion
Mr. Engelbrecht. Mr, Chairman, move opprovaf of 2.98.020.
Ms Ganzer. Second
Commissioner Powell, We have a motion and a Second: Is there any discussion? Seeing no discussion, I will call
for a vote. All votes have been cost
Ms. Holley II wiped out, You'll have start over
Commissioner Powell We will have to do it again Here we I Votes are displayed end again It is 6-0 with 2
* absent (5 - 0)
Commissioner Powell Record to show that Mr. Engelbrecht is leaving at this lime.
i1
Mr Engelbrecht left the meeting
ITEMS FOR INDIVIDUAL CONS OERATION
6. Rolling Meadows Addition. The 61.084-acre property IS located In Division One or the City of Denton's
Extraterritorial Jurisdiction (ETJ) on the south olds of Shepard Road and to the west of Green Valley
Road. The purpose of the plat Is to subdivide four (1) sxlsling lots within the Rolling Meadows
subdivision Into nine (9) for single-family lots.
Commissioner Powell. Item 8-for Individual consideration Rolling Meadows Addition. The 81.064 more property Is
located In Division One of the City of Denton's Extraterritorial Jurisdiction (ETJ) on the south side of Shepard Road
and to the west of Green Valrey Road. The purpose of the plat is to subdivide four (4) existing lots within the Rolling
Meadows subdivision Into nine (9) for single-fandly lots, t want to mention hers that we have an e., b., c., d, a„ end
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Planning and Zoning Commission Minutes
Apr122, 1998
Page 8 of 20
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7. Hold a public hearing and consider making s recommendation to the City Council regarding a zoning
change from Single-Family 7 (SF-7) zoning district to Two-Family (2-F) zoning district for a 0.4tacre 1
tract located on the east aide of Bolivar Street south of Headlee Street and commonly known as
262012622 Bolivar Street. Proposal Is to construct a duplex. (2-98-020, 282012622 Bolivar, Wayne Reed)
Commissioner Powell; Item ?-hold a public hearing and consider making a recommendation to the City Council
regarding a zoning change from Single-Family 7 (SF-7) zoning district to Two-Family (2-F) zoning district for a 0.44-
acre tract located on the east side of Bolivar SUeet south of Headlee Street and commonly known as
262012622 Bolivar Street Proposal is to construct a duplex. Mr. Wayne Reed
i
Mr. Wayne Reed presented staff report
Mr Reed, Thank you, Commissioner Powell; good evening. I first would like to start the presentation by correcting
an error In staffs report-for a zoning change and public notice and notification is required and half did so
accordingly, however, the requirement to post the agenda 72 hours in advance on the agenda the commonly known
address for this property Is incorrect. It is said to be 262012622 Bolivar Street; however, IF would actually be {
262812630 according to Donna Will and the Building Inspection Department. In consultation with Ne Legal
Departmenl; however, this should not present a problem In the Planning and Zoning Commission considering this
item tonight for recommendation for approval to the City Council. So with that said, if you have no questions, I will
proceed. I )ust wanted to make that clear. +
Commissioner Powell. I would like to confirm that legal reading whether we can continue with this public hearing?
Mr. Malin. Commissioner Powell, we talked about Nis and here Is" situation. This is more of an open meeting -
question rather than a notice requirement as far as the public hearing Is concerned. The public notice For the public
hearing had legal description of the property that was the correct legal description of the property. So I don't believe
that there s a problem as far as the notice for the public hearing Is concerned,
Commissioner Powell thank you very much. We will proceed at this time, Mr Reed,
Mr Reed Thank you, Commissioner Powell, Tonight we are looking at a lot that comprises 0.44 acres located
north of University on Bolivar Street. As the zoning map indicates, this particular tract of land is )ust north of three
and four two-family zoning districts. Immediately adjacent to k, as the location map shows, a two-family zoning -
district was created In 1981 just to the south of it. To the southwest later in that same year in September, another
two-family zoning district was created, and then south of these two zoning districts, a third 2F two-family zoning
district was created in May 1984 So this properly is located along a stretch of Bolivar Street where two-family or
duplexes have been constructed and are In the tame neighborhood with single-family homes. I will show some
pictures now to illustrate that. This Is the subject tract, as you can see, d is undeveloped, This is looking From the
backside of the property, across the properly to the single-family residences located across Bolivar Steel. This Is
looking south across the properly from the north property tine at the duplex Immediately adjacent. And this Is a Mile
further down the road baring back at that same duplex along with the duplex located next door. They appear to be
four-plexes but they are actually two-story duplexes with balconies on the font I mentioned another two-family
zoning district just to the south of this earlier. This Is the other two-family zoning district on Bolivar Street that was
created In 19e4. This particular request is consistent with the Denton Development Plan and supports two of the
Denton Plan policies, the 1998 Denton Plan policies, and with that staff finds It to be something 'hat 8 recommends
for approval tonight I will field any questions that you may have,
Commissioner Powell. Are [here any questions For Mr. li Seeing none, I will call for the petitioner,
Ms Schulze Good afternoon. I was not really prepared for this, but my name is Anita Schultz and es Mr. Read
said
Commissioner Powell, Ms Schultz. We need your address-your street address-where you live. '
Ms. Schutze 950 Prairie Trail, Argyle, Q
Commissioner Powell. Thank you. Now you can proceed
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THE CITY OF DENTON
PLANNING AND DEVELOPMr-MT DEPARTMENT
• NEIGNBOANOOD MEETING - TRACT 1331, ABET. 811 PLEASE SIGN-IN
PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ELECTED ORGANIZATION Check here
NUMBER OFFICAL (IF ANY) to be put on
/ 2-11~ ESIN0 Mailing List
Ald
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Ladioa221 N. Elm St. Ctiti Hen Wen bah: Ami19.149t
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298020 ATTACHMENT 4
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION TO TWO FAMILY
(2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.44 ACRES
OF LAND LOCATED ON THE EAST SIDE OF BOLIVAR STREET, SOUTH OF HEADLEE
AND NORTH OF FAIN STREET; PROVIDING FOR A PENALTY IN THE MAXIMJM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. E
WHEREAS, Anita Schulze has applied for a change in zoning for 0.44 acres of land from
Single-Family 7 (SF-7) zoning district classification and use designation to Two Family (2F)
zoning district classification and use designation; and
WHEREAS, on April 9, 1998, a neighborhood meeting was held at City Hall West after
seventeen property owners were notified and where at one (1) resident and the applicant
were present; and
WHEREAS, on April 22, 1998, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change In zoning will be in compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section I. That the zoning district classification and use designation of the 0.44 acre
tract of land described in the legal description attached hereto and Incorporated herein as
Exhibit A, Is changed from Single-Family 7 (SF-7) zoning district classfication and use
designation to Two Family (2F) zoning district classification and use designation, under the
comprehensive zoning ordinance of the City of Denton, Texas.
^ Section II. That the City's official zoning map Is amended to show the change in zoning
0 district classification.
.$i io Ill. 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. j
fiction IV. That this ordinance shall become effective fourteen (14) days from tho date
•
of its passage, and the City Secretary Is hereby directed to cause the caption of this 0 0
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.
i
PASSED AND APPROVED this the day of _1998.
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JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY r
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY M
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EXHIBIT A
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TRACT: 1
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FIELD NOTES TO 0.44 ACRE IN THE N. MEISENHEIMER SURVEY, ABSTRACT
810, CITY OF DENTON, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE N. MEISENHEIMER SURVEY, ABSTRACT 810, CITY OF DENTON,
DENTON COUNTY, TEXAS, BEING PART OF A TRACT AS DESCRIBED IN A
DEED FROM W.J. SIMMONS, ET UK TO MRS. HAZEL HENDLEY ON THE 11TH
DAY OF APRIL, 1945 AND RECORDED IN VOLUME 316, PAGE 497, DEED t?
RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
1
2 DESCRIBED AS FOLLOWS:
Y' I
BEGINNING AT AN IRON PIN ON THE EAST LINE OF BOLIVAR STREET AT
THE NORTHWEST CORNER OF LOT 2 OF BOLIVAR NORTH SUBDIVISION, AN
ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN BY THE PLAT
RECORDED IN CABINET B, PAGE 244, PLAT RECORDS OF DENTON COUNTY,
TEXASt
THENCE NORTH 00 DEGREES 27 MINUTES 42 SECONDS EAST WITH THE EAST
LINE OF BOLIVAR STREET A DISTANCE OF 114197 FEET TO AN IRON PIN
AT THE SOUTHEAST CORNER OF A TRACT AS DESCRIBED IN A DEED TO MRS.
JEANETTE LINDSEY RECORDED IN VOLUME 548, PAGE 612, DEED RECORDS
OF DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 16 MINUTES 46 SECONDS EAST WITH THE SOUTH
BOUNDARY LINE OF SAID LINDSEY TRACT A DISTANCE OF 165.47 FEET TO
AN IRON PIN;
THENCE SOUTH 00 DEGREES 02 MINUTES 05 SECONDS EAST A DISTANCE OF
117.05 FEET TO AN "X" IN CONCRETE ON THE NORTH BOUNDARY LINE OF
BOLIVAR NORTH SUBDIVISIONi
THENCE WEST WITH THE NORTH LINE OF SAID BOLIVAR NORTH SUBDIVISION
A DISTANCE OF 166.45 FEET TO THE POINT-OF-BEGINNING AND
iCONTAINING IN ALL 0.44 ACRE OF LAND,
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AITrACHMENT 5
Z-98.020 (BOLIVAR STREET) PHOTOS
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Photo 1 View looking northeast across Bolivar Photo 2 View looking west across the
Street at the sub}ect property, undeveloped lot at the singe-family residences
located on the other side of Bolivar Street.
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Photo 3 View looking south acress subject Photo 4, View looking northeast at the adjacent ji
property at the adjacent duplex in a Uo Family duplexes (see Photo 3)
(2F) zoning district. i
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Photo 5 V eN lookwip southeast at duplexes in Photo 6 View looking northeast at another Two
another Two Family (21l-) zoning d4stnct South of Family (2F) zoring district located or, block
Pie subirct property. South on Bolivar Street-
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Agenda no-
AGENDA INFORMATION SKEET Agenda Item
9ale~_
AGENDA DATE: May 19, 1995
DEPARTMENT: Planning
DCM: Rick Svehla, 349.7715
,S118JECT
Hold a public bearing and consider an amendment to the concept plan and consideration of a
detailed plan on 45.139 acres zoned Planned Development 111 (PD-111). The site is located on
the cast side of Nowlin Road, approximately two thousand two hundred (2,200) feet south of
Robinson Road. (Z-98.016, Oakmont III)
BACKGROUND
The property is part of a 131 acre tract that was zoned Planned Development 111 in 1985. The
property is not plaited and would have to be plaited prior to the issuance of any building permit.
j
PRIOR ACTION / REVIEW
The Planning and Zoning Commission recommended approval of the amendment (5.0) at its
meeting on April 22,1998.
FISCAL IMPACT {
None
ATTACHMENT
1. Planning and Zoning Commission Report.
• 2. Draft Ordinance
3. Draft Planning and Zoning Commission Minutes of April 22,1998° 3
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Respectfully submitt
e Hill
Director of Planning and Development
Prepared by:
l
qb! Bateman
Sen !fanning Technician
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Subject: PD-111, Oakmont III Case Number: Z-98-016 ~
Staff: Donna K. Bateman April 22, 1998
GENERAL INFORMATION
i
Applicant: Carter 8 Burgess xH'• ~
7950 Elmbrook Drive
Suite 250 /
Dallas, TX 7K47 ~J
Owner: Timberglenn
5910 N. Central Expressway
Suite 1660 f,
Dallas, TX 7520
Action: Request to amend an approved \
Concept Plan and recommend BFPO -
approval of a Detailed Plan for
Planned Development 111 {PD-111;.
Location: The subject property is located s.utheast ruwrr MAP/ovr•s,ir LT2171 MAP
of Nowlin Road, approximately 2,500 feet
sa,+th of Robinson Road,
Size: 45.6 acres
Surround'ng Zoning and Land Use:
LOCATION O~,f m LAND USE
North: ETJ and SF-7 Undeveloped and single family development
South: ETJ Undeveloped and single family development
East: Corinth Golf Course and single family development
• West: ETJ Undeve!oped • •
Denton Development Plan (DDP): Low Intensity Area #73 ( 92% allocated)
Low Intensity areas are Intended to be primarily for single family' development.
3.
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SPECIAL INFORMATION
The subject property is not platted and would have t! De platted prior to any development. Public
Improvements will be addressed during the platting N:iase. Improvements that may be required to
support this development include.
• Construction of streets;
• Construction of sidewalks;
• Extension of water and sewer lines;
♦ Installation of fire hydrants;
♦ Road improvements to Nowlin Road; i
• Off and/or on site drainage improvements; and
• Dedication of various utility and drainage easements.
BACKGROUND
February 19, 1985 - Approximately 131 acres are annexed Into the city limits and zoned
Agricultural (A).
April 15, 1986 - 131.7 acres are rezoned from the Agricultural (A) zoning district to tha Planned
Development (PD•111) zoning district. The property Is part of a 725 acre development k.,.ated on
the southeastern edge of the City of Denton, Approximately 27 percent (27%) of the total
development is located Inside the City of Denton. Uses permitted within the planned development
include the following:
1
Land Uses Acres 0 of Units
Single Family -6
(6,000 square fool lots 2.2 6
Patio Homes
(3,600 square foot lots 11.9 77
Estate Homes
9,000 square foot lots) 14.2 42
Two Family
3,600 square foot lots) _ 6.7 43 _
e Neighborhood Service 22 N/A
Apartments _11.9 214
Cluster Homes
4,500 square foot lots) 49.2 295
Golf Course 33,46 WA
V Total 131.76 677 O
Of tho 45.6 acres under consideration by the Commission at this Ume, the following table 3
compares the existing permitted uses and the proposed uses: i
4.
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Existing PD-111 Proposed PD-111 ~I
Concept Plan Detailed Plan
Land Use Acres Land Use Acres
Single Family - 6
6, 000 k q. ft. lots 41.5
Cluster Homes 49.2 (4,500 sq. ft. lots) Open Space 2.35
Future Loop 288 Right
of Way Dedication 1.74
I
Based on the approved concept plan, the applicant could build approximately 313 single family j
lots. The proposed amendment would reduce the number of lots to 173 with 2.3 acres of open
space.
NOTICE
Two (2) property owners were notified of the request on April 10, 1998. As of this writing , no reply
forms have been returned in favor or in opposition. No neighborhood meeting was held.
ANALYSIS
Following Is an analysis between the Denton Development Plan and the newly adopted Denton
Plan Policies, as it relates to the proposal:
Infrastructure Policies: The Denton Development Plan designated this area a low intensity
area. This is designed primarily for single family residential, as proposed. The Denton Plan, as it
relates to infrastructure policies, encourages designing of sites with foresight. This project is
dedicating land for the future expansion of Loop 288 as well as extension of water and sewer to
the area, The public Improvements that will be required for this property will allow for adequate
planning of surrounding properties.
Parks and Recreation; The Denton Development Plan strongly encourages the use of open
space in planned developments but does not require it. With the newly adopted parkland
dedication ordinance, parks and recreation facilities will be provided. The applicant is proposing
2.35 acres of open space to comply with park dedication requirements. This will be enhanced by
the golf course along the eastern property line.
• The applicant is aware that compliance with the landscape ordinance is necessary. Preliminary
plat submittal will require the submission of a tree inventory. At this time, a tree survey Indicates
that 85 of the 123 existing trees will be preserved. Of the 38 trees to be removed, rine trees are to
be removed for the construction of Interior streets; five trees are within the proposed Loop 288
right of way; anJ twenty four trees are located within house pad sites. Additional review will be
required to provide more details regarding landscape ordinance compliance.
O
RECOMMENDATION
Staff recommends approval of Z-98.018.
5.
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move to recommend approval of Z-98-018.
ALTERNATIVES
r
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial
4. Postpone wnsiderat'ion.
5. Table item.
ENCLOSURES
1. Location Map.
2. Existing Approved Concept Plan.
3. Ordinance 88-81 creating the Planned Development.
k 4. Proposed Detailed Plan.
6. Proposed Tree Survey,
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ENCLOSURE 1 ~ -
NORTH ,
-98-016 (-PD-111, Oakmont 111)
1
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` Dento orinth C' Limn Li
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Hick )ry Cr k
SITE
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Site Map
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ENCLOSURE 2
hmoo n+y+tiu~ Heu~•
x-uoe w~, 0
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Estate
1 Homee
coif,fPcAq.
Single Fatuity
Homes
SINGLE Q
fA,KiLY +
2.2 Ac
.
, Golf Club Art
I(
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i
t PATIO HOMES ` Lill
11.90 Ac. + '
Cluster Homes + 1 /1 l
49.20 Ac,
9
{
A
ESTATE HOMESE
14.20 Ac.
Estate Homes
j~
Aparlmente!
Con1.4 A4.ms
11,1 A1,
wo FAMILY
AeGAIWJN HOMES / TO
6.70 Ac. e '
1 / whom
2-1706
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1396E
ENCLOSURE 3
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0, 69.1,
AS AMENDED, AND AS SAID MAP APPLIES TO 131,76 ACRES OF LAND
LOCATED ON THE EAST SIDE OF NOWLIN ROAD APPROXIMATELY 2,200 FEET
SOUTH OF ROBINSON ROAD, AS IS MORE PARTICULARLY DESCRIBED
HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM
AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO !
PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE
DESIGNATION; FROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF
$1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FCR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
i
SECTION 1.
That the roving classification and use designation of the
real property described In Exhibit "A", attached hereto and
incorporated herein by reference, Is hereby changed from
Agricultural "A" District Classification and Use designation to
Planned Development "PD" District Classification and Use
designation under the comprehensive toning ordinance of the City
r of Denton, Texas,
SECTION Ii.
That the site plan, attached hereto as Exhibit 8 and ~Incorpora'_ed herein by reference, is approved as a preliminary
site plan for the district. Any comprehensive site plan
required to be submitted herein shall not be Inconsistent with
the development concept site plan. Any amended concept plan
submitted for approval shall show and include the whole district. '
SECTION III.
That the district herein approved shall be subject to the
following conditions, restrictions, and llmitationsr
1. Prior to the beginning of any development or construction
within the district, or of any parcel of land or phase thereof,
or the issuance of any building permits therefore, a detailed
e comprehensive site plan for the parcel of land for which
development is proposed, whether one or more, shall be submitted
for approval In accordance with the pprovksiens of Appondix
B•Zoning of the Code of Ordinances and the requirements of this
ordinance. The comprehensive site plans required herein shall
be submitted In the manne' and form acceptable to the Department
of Planning and Community Development and shall !how or contain
information as to all proposed land uses, development standards
and regulations to be applicable therein, including, but not Q •
limited to, the location of all b_A ldings and structures,
streats, parking and loading areas, recreation, open spaces, and
ppark areas, naJor utilities and drainage facilities; the maximum
Ael`ht of all bull41nis and structures; the dimensions of
building lots; the msvlmum lot coverages and building setbacks;
all buffering and screening areas and devices; the location,
site, and types of detached signs and the regulations to be
9.
♦ a
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applied to all signs; and such other Information as may be
required by the department.
2. Any comprehensive site plan required to be submitted
herein for approval for Any parcel of land ■s shown on Exhibit 8
Shall be in substantial compliance with the acreage and total
number of dwelling units shown on Exhibit C, and the defined
land uses and requirements shown on Exhibits D•1 through D-8,
said Exhibits being attached hereto and incorporated herein by
reference.
SECTION IV.
That the proposed land uses for the district as provided for
herein shall be considered permitted uses, subject to approval
of the required comprehensive site plans showing the design,
location, and arrangement of the buildings, structures, lots, -
Itreets, pparking and loading areas, open or common spices, set• -
backs, buffering and screening devices, and all other development
features required to be contained therein, as required by this
ordinance.
SECTION V.
That the development of the property shall be in substantial
compliance with the final comprehensive site plan hereafter
approved and made a part hereof for all purposes and the regula-
tions, conditions, and provisions herein contained.
( The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance No.
69-1, as amended, Is hereby amended to show such change in
District Classification and Use subject to tiie above conditions
and specifications.
SECTION 1'1.
That the City Council of the City of Denton, Texas, hereby
finds that such change Is in accordance with a comprehensive
plan for the purpose of promoting the gen..ral welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and Its cltitens.
SECTION V11.
Any person who shall violate a yrovision of this ordinance,
or fails to comply therewith or with Any of the tequlrreents
thereof, or of a permit or cestlflcate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not erceeding
One Thousand Dollars (;1,000,40). Each such person thall be
deemed guilty of a separate offense for each and every day or
. portion thereof during which any violation of this ordinance is 0
committed, or continued, and upon conviction of any such
violations such person sha11 be punished within the limits above.
SECTION VIII.
That this ordinance shall become effective fourteen (14)
days from the date of its psssafe, and the City Secretary is
2.1704/PALE = 10.
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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, wltnin ten (10) days of
the date of its passage,
PASSED AND APPROVED this 1,45v
of 1996.
i
CITY 0 DENTON, TEXAS
i
ATTEST: O
H A I, tITY 5ECKETARY
CITY Of DENTON, TEXAS
\ 1r:ROVED AS TO LEGAL FORM:
T 'AA ADAMI DRAYOVITCH, CITY ATTORNEY
Ci,Y OF DENTON, TEXAS
BY: f ,
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i•1706/PAGE 7
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EXHIBIT "A"
FIELD NOTF.g
_ BEING • tract of land situated he perry Merthant Survey,
diseelbrdxae fel~arn ton County. Texas, and being snore particularly
t BEGINNING at An inner comer of ■aid Berry Merchant Survey,
#aid point Baine the northwe#t corner of the A. H, Serren Survey,
Abstract No, 1198, a point for tamer=
Survey{ ndEthe,SerrenlSurvey, 2212431 tena pointeforh col
acid N rtes+hant6SosvayaandeS~rreniSurvalong 90the 3.91' toithehootbsoutherly
corneraof the 8,t8,B.eiiC,R,R,h(a. Survey, Abbssttractnho.h190.a point
for carner+
THENCE NSS'39'W along the dividing line between the Beery Mer-
chant Survey and the B.B.Z. 6 C.R.R. CO, Survey and passing the
no
1600rthwest earner of the B.O.B. 6 C.R.R. Co, Survey at approatiaately
' and continuing at N8539 W along the dividing l}ne between
the Merchant Survey and the C, Checon Survey, Abstract No. 296 for
a total dtatanco of 1760.23' to a point for corner=
THENCE N108 % 3319,61' to a point in the center of a county
road, a point for corners
THENCE S86-41% 1561.11' to a oolnt for corner,
T}IENCE $3'07'W, 1163.90' to a point for corners
THfvCt S8S'32'E, 366.17' to the place of beginning and contain*
in$ 131.761 acres of land.
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EXHIBIT "C"
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E-1706
LAND USE ACRES TOTAL UNITS
SINGLE FAMILY 2.20 6
PATIO HOMES 11.90 i7
ESTATE HOMES 14.20 42
TWO FAMILY GARDEN HOMES 6.70 43
NEIGHBORHOOD SERVICE 2.20 NA
APARTMENTS 11.90 214
CLUSTER HOMES 49.20 295
GOLF COURSE 33.46 NA
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EXHIBIT B
Tome orfrr~0l of NOON ~
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Estate
6033. 16 Cp Homes
SASE
Single Family
Homes '
SINGLE I.Q i 1
FAMILY
2.2 Ar.
I Golf Club An
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1 PATIO HOMES t I
11.90 Ac. 1• \ CIS
i
Cluster Homes
69.20 Ac. \ if
n
ESTATE HOMES`
• ~ 14.20 Ac. ;
\ Estate Homes
Apartment.!
Condominams
11.9 At e ! Af. l w0 FAMILY
111 GARD~Fw700A0,
AWMOmf
14. .r....,.,.'
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EXHIBIT "D-1"
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AfAA tMt NTS[CONDOM IN TOMS
Osf INSTIONi
Mu lai•fvmily. she atructutea vlll tango from two 111 units pet bul )ding
to Ilateen 1141 units per building.
Rtoo IA I MS N ToI
3 height RoquLr!msnesl Two and onrhali li-t/)I stories in height. .
Aru M9ui remen !1
front Yard - Mlnlmum twenty 1791 feet.
`r ¢1d! Zak Minimum tan (10) feet. A building separation of
fifteen (15) feet shall be obsetrad between structures. A side
yatd ei Jacant to a street shfll not be less than fifteen (IS; tut.
Past tU-d - Minimum twenty 120) fut.
Lot A u - Minimum SiNteen thousand (11,000) equate fut.
Lot f-idth - Mlnlmum ninety (001 (eet.
Lei J~ec'th • Minimum ninety (901 tut.
\ y nitum Dwollind Slfe - She minlram floor aru of any dwelling unit
shall be flea hundred 1500) equate feet for flats Isingla level
unittl and seven hundred fifty 17301 fquata feet tot studios ttwo "
level unite).
Lot_:_~e ta9f - Matlrum fifty (50) percent by buildings and paying,
parking itg9jeementat A minimum two 11) parking spaces par ewsliing ,
unit,
v
1
ulldin Hntetialat All dwelling units shall ce constructed of ,
mason+y, stucco, or of a glass building matetlst of the kind usually '
uud tot outside wall construction, to the extent of at List i
savdnty-five (IS) pwont of the area of the outaida walls. 1
fealdenttel Denaityi
ii
D4MsI - Maximum 51,0 dwelling units per acts. l
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C%11IBIT "D-2"
I
CLCSTSS MOMSS
DLtIMITIOMt -
Single family detached units.
kf09111MSMT11I
i
ae lght Moaulumontu Two (T) stories in height,
Area Meaul Leman tit
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4
~ < !root rird Mini tm twenty-five 1759 feet.
Side Yard - minimum five Ill fast. A aide yard Ad}dcent to a
street Shall not to leas than ten (101 feat.
Past Yard minimum ten (10) test. ~
Lot AFea foot thouund five hundred 14,500) square fast.
Lot Width - Minimum fifty 150) Het.
Lot Depth - Minimum ninety 1901 feet.
Minimum Dwe 11ln9 Siea - The Minimum floor area of any dwelling unit
sna11 ba one thousand two hundtod fifty (1,7501 square feet,
` toe Coverer • Maalmum sixty ISO) percent by buildings.
Park IP9 Me9uiWontst Minimum two 111 spaces par unit.
SalNino MaterlaLt All dwelling units shall to constructed of r. ,
masonry, stucco, or of a glass building material of the kind usually,
used for outside wall construction, to the extant of at least ,
asventyfivs 1751 percent of the arse of the outside walls.
PISIdential Denaltvt
0e_ Malty - Maximum 6,0 dwelling units For acre,
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SINOLi FAMILY XDXG
Dt►INIT1011i
Detached housing. -
ALW IALXLNTl1
Meighc Regulrementat Maximum two and one-halt I2-1/2) stories in
height.
' Ana Regul nmenost
front Yard • Mlnlmum twenty-five (151 feet.
Side laid - Minimum five 15) feet. A side yard adjacent to a
street shall not be 1465 than fifteen (15) flat.
fear Kett! - Minimum twenty (101 feet.
of Ate - Minimum seven thousand seven hund sad 17,7001 square feet.
Lot Width - Mlnlmum seventy 17ol feet.
Lot Decth - Mlnlmum one hundred ten 11101 lest.
Min lmum Dv111ne Sisa She minimum floor aces of any dwelling unit
shall De the lncuusad five hundred (1,5001 Square feet. '
Lot. Cov-race • maxlMU1M forty-five (15) percent by tuildings.
Parking Aeguir•mentat A Minimum of two 111 off-street parking spaces
$hall be provided fcc each dwelling unit.
Ruildine Mateciajsc All dwelling unite shall to constructed of
masonry, stucco, or of a glass building material of the kind usually '
used for outside will construction, to the e+tel.t of at least
seventy-five 175) percent of the site of the outside wills. 1' f
Residential Densitvc v
Pena.' - Maximum of 7.5 dwelling unite par acto. 1 a
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EXHIBIT °0-411
DIPI NITIONr
Single family detached housing of rota lot lint homds.
P200IPIMUT1t
Me1aAt P5aul rementsI Maximum two (21 sto des in height.
Area Peg Irlmentar
!root Yar - Minlrvm twenty 120) fut.
Sid* Yard - Side yard is required on one life of the lot. A
minimum uPSUtion of tin 110) feet it required between structures.
Poor Yard - Minimum tan 110) fut.
Lot Ards - Minimum three thousand all hundred 11,1001 square fut.
Lot Width - Minimum forty f/o) (ut.
Lot Depth - Minimum nnnety 190) fret.
Minimum Dwelling Site - The minimum floor area of any dwelling unit
shall to one thousand two hundred fifty (1,250) square feat.
Lot Coverage - Maiimum sixty-five 115) Perctnt by buildings. - 1
1,' 11
Parking Peguirementsi A minimum of two 12) off-street parking spaces
shill be provided fat each dwelling unit,
building Mattrlalli All dwelling units shall to constructed of .11
masonry, stucco, of of a glass building material of the kind usudly
used for outside will construction, to the extant of at least
seventy-five (151 petcent of the area of the outside Valle. ` J
it
Pesidentlsl Dense i r
malt - Maximum of 1.5 dwelling unite per acre,
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EXHIBIT up-Y.
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Dtf IM2T20Nr '
single family detached unite.
NIQO I RIMLNT1I
Height Nlaulcemantal MAXIMUM two and one-half 12-1/2) utorles in
height. ,
r Area Nagulramental
. front Yard - Minimum twenty-f lvl 1251 11^.t.
fide Yard - Kliimum seven and onI-half (7-1/2) feat. A aide yard
adjacent to l attract shall not be less than fifteen 1111 feat.
i
Roar yard - Minimum twenty (20) test. +
Lot Area - minimum nine thousand six hundred 11,6001 square feet.
Lot Width - minimum eighty 1101 fut.
Lot Depth minimum one hundred twenty (1201 feet.
minimum Dvellino tits - The minimum floor 4906 of any dwelling unit
! 0ha11 be Cne thousand eight hundred 11,100) square feet,
Lot Coverage - M.ltiMUM forty 110) ;accent.
Parking Maul cementu A Minimum of two 12) off-strut packing spaces
shall be provided fat Itch dwelling unit. ,
Nullding materials All dwelling units shall to constructed of
masonry, stucco, or of a glass building material of the kind visually
used for outside will constructlor, to the esiant of at least 1
seventy-five 1771 percent of the arts of tin outside W6111.
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TWO FAMILY CAROLN NOMf4
UIPINITIONf
Single family attached units with party walla, two 171 units per building.
R200IRLNLNTit
Height Aeguiremtnts[ Maximum two (11 aortes in height.
Ares Regwlesmentaf
front Yard - Minimum twenty 170) feet.
de Yard - side yard is required on one aide of the fol. A
minimum AIW4tlon of ten 110) feet is required becwen Structures.
Post yard - minimum ten 1101 feat.
Lot A tea Klnlmum three thousand alt hundred (1,600) square feet.
Lot Width - Mlninum forty 1101 feet.
Lot Depth - Minimum ninety 190) Het.
Minimum Dwelling else • She minimum floor area of any dwelling unit
shall to one thousand one hundred 11,100! square feet.
( tot coverage • M,Aimum si[ty-five (65) percent.
?,[king megul[eMentaf A Mlnlmum of two lit off-street parking spaces
shall be provided for each dwelling unit.
building Materials$ All dwelling units shall to constructed of
masonry, atocco, or of A glass building material of the kind usually
used for outside wall construction, to the extent of at lust
seventy-five (75) percent of the area of the outside walls. - '
Meeldent HI Dtnaltvr i
Penal eY maximum of 1.5 dwelllnq units per sets.
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tLi 000RHOOD SNOPPINQ r
D!e[NISIOMr
I
All also petMltted within A41ghborheod Service Carrier could be proposed
fat use in this area. The following land uses may also be propoSedt
voterinarlah (no outside runs), bank, household appliance Seise, hardware
,also and savings and loan.
+ RlQOtRixIN4lr
4' 1
l l Reaulrementa,r MseiMgM two and one-half S2-1/I1 stories in
1 height.
i, Iris Reaui tomdntat
l front Yard - minimum twenty-five (!S) loot.
fide Ya tE - minimum ten (10) fseh
saf To rd - minimum ten (101 feat.
Landseaaed Oen apace -five (51 psrcent of the total lot area
,hill be Maigntained as lamdscepeu open space.
Lot CovetAlt - Mnim6M fifty 1501 percent by buildings. -
sulldift Rat to lalst She Main building exterior, ,hall be constructed
of 9latsr et.ne, brick, tiles, cement, concrete, exterior wood (PasIMUM
of 40%) or similar materials, of any combination thereof.
Parking Reauitementet One (SI off-street parking space aha Il be
p rovkded fat each two hundred 17001 square feet of Iloot spied and fat f,
retail trade.
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2.1706
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EXHIBIT "D•6"
GOLF COUP51 AND CL"
DIISSiTiONf .
y
Area la intended to acconvnadate all Isellitlu and used associated with
the RfoDo48d golf Course and associated golf club.
PLRMITTID Usest
o Golf Ceuta# facilities
t d Maintenance facilities
r
'y o Golf club facilities
}
0 Private club
o Mee to u rant
o ►itNSe center
o swift till facilities
0 Tonri facilities
o tithing facilities
o PHVSte and public roadways
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ATTACHMENT 2
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.56.81
TO PROVIDE FOR A CHANGE IN THE CONCEPT PLAN FOR THE PLANNED
DEVELOPMENT (PD) NO. 111 ZONING DISTRICT CLASSIFICATION AND USE
DESIGN4TION AND PROVIDING FOR APPROVAL OF A DETAILED PLAN ON 45.139
4 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Carter and Burgess, on behalf of Timberglen Company, has applied for an
amendment to the concept plan set forth in Ordinance 86-81 for 131.76 acres of land in planned
development (PD) No. 111 zoning district classification and use designation; and
WHEREAS, on April 22,1998, the Planning and Zoning Commission, after a public hearing,
recommended approval of the requested changes; and
WHEREAS, the City Council finds that the amended concept plan and proposed detailed
plan will be in compliance with the Denton Development Plan ind Denton Plan Policies; NOW ~
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That Ordinance No. 86.81, providing approval of a planned development j
district for 131.76 acres of land as described therein, is hereby rmended by approval of a revised
concept plan and approval of a detailed plan on 45.139 acres for planned development district No,
111, as described in said detailed plan attached hereto as Exhibit "A", incorporated herein by
reference. The property, dcs,:ribed in Exhibit "B", shall be constructed, used, and maintained in
accordance with the approved detailed plan:
SECTIONil. That the provisions of this ordinance as they apply to ths, 45.139 acres shown
in the detailed plan herein approved, shall govern and control over any conf icting provision of
Ordinance No. 86-81, but all the provisions of Ordinance Nos. 86.81 as they apply to that remaining
• portion of the district not herein amended, shall continue in force and effect and shall apply to the
remainder of the district.
SECTION 111. That a copy of this ordinance shall be attached to Ordinance Nos. 86-81,
showing the amendment herein approved. 1
• SECTION 1V. That any person violating any provision of this ordinance shall, upon , Q •
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.
1
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
25. 1
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pu!!ished twice in ;he Denton Record Chronicle, the official newspaper of the City of Denton,
Texas, within ten (II days of the date of its passage.
PASSED AND APPROVED this the _ day of 1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUT'Y, CITY ATTORNEY
BY:~I~. / /a..
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05,06,98 9P.D 13:24 FA[ 214 078 0447 C 4. 8 DAI.LAS ®002 I
EXIiIBIT B
LEGAL DESCRIPTION
BEING A 4S.139 ACRE TRACT OF U ND STRIATED IN THE BERRY MERCHANT SURVEY, ABSTRACT
N0.800, CRY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A 441.7629 ACRE
TRACT OF LAND DESCRIBED AS TRACT ONE. CONVEYED TO TMBEROLEN COMPANY BY DEED
RECORDED IN COI INTY CLERKS FILE NO. (CCi) 95-80079950, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS, SAID 45.139 ACRE TRACT BUJO MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 112" IRON ROD FOUND FOR CORNER AT THE MOST WESTERLY NORTHWEST
CORNER OF SAID TMBERGLEN TRACT, SAID CORNER LYING IN THE CENTERLINE OF NOWLIN
ROAD;
THENCE, SOUTH 66'31'51" EAST, ALONG THE NORTH PROPERTY LINE OF SAID TIMBEROLEN
TRACT, A DISTANCE OF 662.67 FEET TO A 518' IRON ROD FOUND FOR CORNER;
THENCE, SOUTH 31'0436' EAST, OVER AND ACROSS SAID TTMWAGLEN TRAC A DISTANCE OF
368.64 FEET TO A V IRON ROD FOUND FOR CORNER IN THE 10NUMENTED NOI 1 LINE OF A
127.4118 ACRE TRACT OF LAND CONVEYED AS OAKMONT GOLF COURSE MCI . SE TO
OAKMONT MANAGEMENT CORF ORATION, AS DESCRIBED IN GEED RECORDED IN
CCN2-R0077134, REAL PROPERTY RECOrD6, DENTON COUNTY, TEXAS, SAID GOLF COURSE
TRACT BEING THE SAME AS DESCRIBED AS 'SAVE AND EXCEPT OAIOAONT GOLF COURSE,
TRACT ONE, RECORDED IN SAID TIMBERGLEN COMPANY DEED;
THENCE, ALONG SAID MONUMENTEO WEST LINE OF OAKMON T GOLF COURSE TRACT ONE, THE
FOLLOWING EIGHT COURSES AND DISTANCES:
SOUTH 79'40'42" WEST, A DISTANCE OF 389,15 FEET TO V IRON ROD FOUND FOR
CORNER;
SOUTH 31'51'18' WEST, A DISTANCE 67141.06 FEET TO 1' IRON ROD FOUND FOR
CORNER; II
SOUTH 00'67'01' EAST, A DISTANCE OF S13.68 FEET TO 1' IRON ROD FOUND FOR
CORNER;
'I
SOUTH 27'02'37' EAST, A DISTANCE OF 157.19 FEET TO V IRON ROD FOUND F C%R
CORNER;
SOUTH 24' 1614' EAST, A DISTANCE OF 629.73 FEET TO 1' IRON ROD FOUND FOR
CORNER;
SOUTH 2619'07' WEST, A DISTANCE OF 25622 FEET TO V IRON ROD FOUND FOR
• CORNER;
SOUTH 14'15'54' WEST, A DISTANCE OF 346,33 FEET T01' IRON ROO FOUND FOR
CORNER;
FOUTH 00'5743• EAST, A 04STANCE OF 73.41 FEET TO POINT FOR CORNER;
THENCE, OVER AND ACROSS AFORESAID TAWERGLEN TRACT, THE FOLLOWING THREE
COURSF S AND DISTANCES:
NORTH. 0*3611' WEST, A DISTANCE OF 336.61 FEET TO A PONT FOR CORNER;
NORTH 45.40'17' WEST, A DISTANCE OF 950.02 FEET TO A POINT FOR CORNER;
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0S,'06,,98 WED 13:25 FAX 214 088 0447 C i B DALLAS 14002 '
NORTH 88'54'14 WEST, A DISTANCE OF 1 P2.37 FEET TO A POINT FOR CORNER ON THE
WEST LNE OF SAID TBEEROLEN TRACT,
THENCE, NORTH 01'0W49' EAST, ALONG SAID WEST LNE Of TMBUMM TRACT AND
VNTH THE GENERAL DMIECTION OF A BARMED WIRE FENCE, PASBNG A SW BtON ROD FOUND • '
FOR THE NORTHEAST CORNER OF A 77.187 ACRE TRACT OF LAND CONVEYED TO HERSCHEL, V.
FORRE$TER BY DEED RECORDED N VOLUME 805, PAGE 821, DEED RECORDS DENTON
COUNTY, TEXAS, AND THE SOUTHEAST CORNER OF A 06.1741 ACRE TRACT OF LAND
CONVEYED TO P*D&U FORD L.C. BY DEED RECORDED N CCW4t002W%, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AT A DISTANCE OF 599.01 FEET AND CONTINUING N ALL
A TOTAL DISTANCE OF 2409.07 FEET TO THE POINT OF BEONNINO, AND CONTAINNO 45.159
ACRES OF LAND. MORS OR LESS.
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Planning and Zoning Commission Minules ATTACHMENT 3
April 22, 1998 i
Page 2 of 20
Commissioner Powell: There Is a motion to approve all three minutes for February 25, March 11, and March 25,
1998 meetings. Is there a second?
Mr. Engelbrecht: Second.
Commissioner Powell: There Is a second Is there any dismssion here? I will call for a vote, We win vote
electronically and they will do R for us, hopefully. Please vote. Votes are cast and again N Is 5-0 with 2 absent. (54)
CONSENTAG£NDA
4. Consider approval of the amending plat of Lots 1 through 13, Block A, along with Lots 47 and 48, Block
B, of the Hills of Argyle, Phase Two. The 33. 1`41-acre tract Is located on the north aide of Brush Creek
Road, east of Highway 377. The property is zoned A,tdcultunl (A). The purpose of the plat Is to amend
drainage easement. No new lots to be created. (AP-98-034, Hills of Argyle, Donna Bateman)
Commissioner Powell Item 4 Is the Consent Agenda wh :^h consists P' norm 4 only, Do we have a motion? Okay. I
will read the Consent Agenda. Consider approval of the amending plat of Lots t through 13, Block A, along with
lots 47 and 48, Block B, of the Hills of Argyle, Phase Two. The 33.741-acre tract Is located on the north side of
Brush Creek Road, east of Highway 377. The property Is zoned Agricullural. The purpose of the plat is to amend
drainage easement No new lots to be created Ms. Beleman, I guess only if there It a question.
Mr Engelbrechl, Move approval of the Consenl Agenda,
Ms Count* Second.
Commissioner Powell, We have a molion and secone s there any dlsrusslon? Please vole, Votes have been
cast. The item passes 5-0; 2 absent again. (5 -0)
PUBLIC HEARINGS
5. Hold a public hearing and consider making a recommendation to the City Council regarding on
amendment to We approved concept, plan for Planned Development N1 (PD-111) and a detailed plan for
45.6 acres. The subject property Is located on the southeast side of Nowlin Road, south of Robinson
Road. 193 single-family lots with reserved open space is proposed. (Z•96-016, PO 111 - Oakmont III,
Donna Bateman)
Commissioner Powell, We have Item 5, which starts the Public Hearings. Ms. Bateman.
Ms. Donna Bateman presented the staff report
Ms Bateman Good evening, Mr Chair, members of the Commission. This case colors you this evening Is sn
amendment to Plan Development 111, This property has been zoned for Plan Development since 1985.
Commissioner Powell. Excuse me, Ms. Bateman.
Mr Martin I do not think we have read the item that w, are ditnussinq,
Nis Bateman Sorry
,
Commissioner Powell. Ms, Bateman, we have an Inexperienced Chairman this evening. I will try not to make that
mistake again Thank you, sir Item 5--hold a public hearing and consider making a recommendation to the City
Council regarding an amendment to the approved concept plan for Planned Development 111 end a detailed plan for
45 B anres. The subject property Is louvred on the southeast side of Nowlin Road, south of Robinson Road. 193
single-family lots with reserved open space ire proposed. Ms. Bateman, I win try not to catch you again like that,
Ms Bateman: Okay, let's try this one again. T i ,n Is a request for an amendment to PD-111. This property has 0
been zoned Planned Development since 1985. It Is in the low intensity zree Pl?Mnq the property will be necessary
priur to any developmenl, and on page 21 have lisled several possible public improvements that win result during the
platting stage. The property was annexed In 1965, and In 1888 lt was rezoned to the Planned De ietopment-1 If. At j
that time, it was a 131 acres, and N was a po bon of a 725-acre tract with only a portion of N being inside the t:Ry of
I
30.
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Planning and Zoning Commisslon Minutes
April 22, 1998
Page 3 of 20
Denton. Of the 45.5 acres that are being considered this evening, I have listed here a sample of what those 45 5
acres entail at this time. I wanl to note that it was just discovered while you were In your earlier Work Session that
the single-family B lots, 2 2 acres that were shown, are actually In this upper corner and Is not a portion of this 45 5-
acre tract. It was not determined until just recently that that is actually outsida the subject property. So, the entire '
portion of the properly that Is being considered this evening Is in the cluster home, 4,500-square-fool lots Is what A is
currently approved for. The outage is going to be somewhat different as part of d Is you have to consider the
Interior streets. Also, not all of the 49 2 acres for duster homes Is within this 45,5 acres. We notified two property
owners On April 10, we had not received any reply forms In favor or in opposition, I have attached In your backup a
copy of the concept plan that was approved in 1988, as well as the ordinance that approved this property, 1 will be
happy to answer any questions
Commissioner Powell: Question from me, Is this a toning change?
Ms. Bateman: Yes, this Is actually a toning change in that It follows the procedures of a toning change. The
concept plan that was approved In 1988, as you saw In your backup, Is this tract right here. If the developer wanted
to develop this property at this time. they would have to come In with a detailed plan. In a detailed plan would be
what you see right here, in accordance with the approved concept plan Since the detailed plan that they are
proposing is not in accordance with the concept plan, we are needing to emend B as well as consider approval of the
detailed plan. So in actuality, yes, it follows the process of a toning change,
Commissioner Powell Thank you. Any other questions or discussion? Mr. Moreno,
Mr, Moreno'. Yes. Ms. Bateman, what Is a cluster home?
Ms. Bateman Well, back in the 80s when this property was rezoned, cluster homes were more-exactly how it
sounds, You are clustering a bunch of homes together on smaller lots I do not know it maybe Mark can describe I
better than that
Ms. DonaldsonTypically, it Is smaller lots with some open space reservations so that the net density may be the
same as homes with larger lots, but they are actually put on smaller lots with open space reserves,
Mr Moreno. Okay, so the concept of dus13r homes. Is that going away and they are replacing that essentially with
single-family 8 homes?
Ms Bateman That's what's being proposed-yes
Mr, Moreno. Okay
Commissioner Powell Any further discussion here, or do we have a motion? I guess we should have had that. I
am telling you I was not prepared for this, was 17 Any further questions for staff? Being none, would the petitioner
like to speak?
Mr. Meyer, Mr. Chairman, members of the Commission, my name is Brad Meyer with Carter and Burgess and also
tonight with me is Steve Gee with Vista Oaks Development, I am here tonight to represent this detailed plan. Again,
as Donna has already mentioned, basically we are taking whal was cluster homes that allowed better than 300-and-
some-odd units Into a more conventional, single-family development with about 173 lots that are shown on this plan.
Again, we try to introduce some curb linear streets and some openings onto the golf course area to add some
interest and have an open area In this location, which will be maintained by the homeowners association. I would be
hauoy to answer any questions that you might have, end we respectfully request your approval
Ms Gourde i have a question, please?
i
Comm ssioner Powell. Yes, ma'am. Go
Ms Gourdle Thank you, I was just curious. You have proposed loop 288 on your plan right there Can that exit I e 0 .
that close to that proposed Loop 2887
Mr. Meyer. No, I am not sure how the geometries of the highway would end up working out, I would Imagine there
s.ould be a frontage road in there that would be tied Into this development. Where the ramps would end up and that
sort of thing, I am not exadly sure.
31.
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Pit nning and Zoning Commission Minutes {
Apni22,1998 i
Page 4 of 20
i
Ms, Gourdie, Okay, because that seamed really close, or d I know that they wouldn't ,1 just wanted to make sure.
Mr. Meyer: I would not envision...,
Ms, Gourdie: That is not a consideration because where the roads are.. '
Mr. Meyer Right.
Ms Gourdie they just cause trouble.
Commissioner Powell: Any other questions of the petitioner? Apparently not, sir
Mr. Meyer Thank you
Commissioner Powell. Is there anyone to speak In favor. Anyone to speak In favor? Anyone to speak against the
petition. Anyone here to speak agalns17 We will hear from staff one more time, and then we will close the public
hearing
Ms. Bateman, Mr. Meyer was right. Thera is a typo on this. This is not 193 lots; this Is 173 that are being proposed,
Staff does recommend approval.
Commissioner Powell, At Ihis time, t will close the public hearing, and I will ask legal counsel 0 we should put that
number into our motion?
Mr. £ngclbrecht. It's In the backup
Commissioner Powell) The 1737
Mr Engelbrecht. It is in my backup, anyway?
Commissioner Powell, Okay. Do we have a molion7
Mr Engetbrechl I would move approval of Z-98-018.
Ms Ganzer Se,ond
Commissioner Powell, We have a motion and a second; is there any discussion? Being that there Is no eiscusslon,
I will call fora rule Voles are oll cost Voles are displayed Byes, Ono, and 2 absent (5-0)
Mr. Meyer Thank you
6. Hold a public hearing and consider making a recommendation to the City Council regarding a speclfin
Use Permit to allow a remote, off-street parking lot In a Single-Famlly 7 (SF-7) coning district. The 0.172•
acre tract Is located along the east olds of Bernard, approximately 450 feet south of Collins Street
(commonly known as 1211 Semard). The applicant for the Specific Use Permit proposes oonstructlon of
^ an off-street parking area to provide additional parking for tenants of the Arbors of Denton, an adjacent
apartment development (Z-98-017, The Arbon, Mark Donaldson)
• Commissioner Powell. Item 6--Hold a public hearing and consider making a recommendation to the City Council
regarding a Specific Use Fermit to allow a remote, off-street parking lo( In a Single-Family 7 (SF-7) zoning district
The 0,172-acre tract is located along the east side of Bernard, approximately 450 feet south of Collins Street
(commonly known as 1211 Bernard). The applicant for the Specific Use Permit proposes construction of an off-
street parking area to provide adddional parking for lenanls of the Arbors of Denton, on adjacent apartment
development. Mr Donaldson
r
Mr. Mark Donaldson presented the staff report Q
i
Mr Donaldson Thank you, Mr. Chair, I'll see it we can zoom In a tittle bit here, This particular properly Is located
on Bernard, approximately 450 feet south of Collins. In this area, we are talking about one single lot I use the term
remote o}folreet parking This particular request Is for off-street parking that isn't very remote from the adjacent ilia.
It Is contiguous on two borders Our code allows the use of a property within a Single-family.? zoning district for
s2.
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AGENDA INFORMATION SHEET
4penda 11e~''~
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AGENDA DATE: May 19, 1998
DEPARTMENT: Planning Department k
DCM: Rick Svehla, 3d9-7715 ~i
SUBJECT - The Arbors Specific Use Perm;t (Z-98-017)
Hold a public hearing and consider approval ot's Specific Use Permit to allow a remote, off-
street parking lot in a Single-Family Seven (SF-7) zoning district. The 0.172 acres of land is
located along the east side of Bernard Street, approximately 450 feet south of Collins Street
(commonly known as 1211 Bernard Street). The applicant proposes construction of an off-street
parking area to provide additional parking for tenants of the Arbors of Denton, an adjacent
apartment development. (The Planning and Zoning Commission on April 22nd, 1998,
recommended approval, 7 - 0)
BACKGROUND
The owners of the Arbors of Denton, an apartment complex located east of Bernard Street, south
of Collins, have requested a Specific Use Permit to allow the development of a remote, off-street
parking area within a Single-Family Residential (SF-7) zoning district. The Arbors of Denton,
after a series of zoning amendments dating from 1985 through May, 1996, was constructed in
1996 - 1997. It meets the City's minimum off-street parking requirements.
Scction 35.77 of the City of Denton Zoning Code allows the development of a remote, off-street
parking area within a Single-Family Residential (SF-7) zoning district. A remote off-street
parking area is defined in the code as an off-street parking area that is not located on the same lot
or tract occupied by the building or use being served,
The ,iroposcd development will provide twenty-five additional (25) parking spaces, accessible
only from within the Arbors property. There will be no access directly from the street. The new
spaces will alleviate over-crowding of parking area within the apartment complex and reduce the
need for parking on the street.
• Public notice was mailed to twenty-one adjacent property owners. Three replies were received
in favor. One reply was received in opposition. Opposition is less than twenty percent.
PRIOR ACTION! REVIEW fCounell Boards Commisslonil
I he Planning and Zoning Commission recommended approval (7.0) of the Specific Use Permit
to allow remote, off-street parking in a Single-Family Residential (SF-7) zoning district at its
• meeting on April 22nd, 1998• • •
FISCAL NFORAIAT1ON
None.
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ATTACHMENTS
1. Location Map.
2. Site Map.
G 3. Zoning Map. i
4. Public Notice Map.
5. Planning and Zoning Commission Report, Z-98-017.
0 6. Planning and Zoning Commission minutes from April 22",1988. 1
k 7. Photos of site.
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Respectfully subm'tt
Da ' ill
Director of Planning and Development
Prepared by:
Mark Donaldson
Assistant Director, Planning and Development
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ATTACHMENT 1
Location Map
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Public Notice Map
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ATTACHMENT 5
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PLANNING AND ZONING COMMISSION I
STAFF REPORT
base Name: Arbors of Denton, specific use Permit Caaa : Z-98-017
,W: Mark Donaldson Dom: April 22,1998
GENERAL INFQ MR ATION
Applicant Dahlstrom McDonald, PLLC
8333 Douglas Avenue, Suite 900
Dallas, TX 75225
(214) 378-7948
owner: Arbors of Denton Partners, LTD.
8144 Walnut Hill Lane
C-Jlas, TX 75231
Action: Hold a public hearing and consider making a recommendation to the City Council
concerning a Specific Use Permit for a remote, off-street parking area In a
Single-Famly Residential (SF-7) zone district.
LocatbrVSlze: this 0.172 acre tract is located east of Bernard Strer'l, approximately 450 feet
south of Collins Street (commonly known as 1211 Bernard).
$urroundina Land Use and Zonlna:
Land Lille
North SF-7 Sln le famll homes
East _ MF-1 Apartment
South MF-1 Apartment_
West SF-7 Single family homes
0 Intensity one: #118, a low Intensity area.
Intensity Area #18 of the Denton Development Plan is 182 acres and Is bounded by
Carroll and Ft. Worth Drive on the east, Colller Street on the wt st, Eagle Drive on the
north, and Greenlee Street, extended, on the south.
This proposal will reduce the numbar of trips generated from the property. A single
family home will be replaced with a parking tot to accommodate existing multi-family 0
1..:, development.
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F CKaBOUNQ Arbors of r)enton property has a series of zoning actions, beginning In 1985, to allow the
lopment of the current apartment complex: i
• March, 1985. 4.4 acres of land at 1213 Bernard was rezoned from SF-7 to PD-94 to allow 1
development of multi-family housing.
• April, 1991. 7.4 acme of land at Collins and Bernard was rezoned from SF-7 to PO-140 to
allow development of multi-family housing. I
• March, 1994. The two tracts are linked together and rezoned from PD-94 and PDA 40 to
MF•1(c] to allow 12 units of multi-family housing per acre.
• May, 1996. The conditions of the zone district are altered to allow 16 units of multi-family
housing and a height of 3 stories instead of 2'h stories.
The purpose of a Specific Use Permit is found at Section 35.106 of the Code of Ordinances. A
Specific Use Permit provides City Council the opportunity to deny or to conditionally approve
those uses that generally have unusual nuisance characteristics or are of a public or semi-
public character often essential or desirable for the general convenience and welfare of the
community. Because, however, of the nature of the use or possible adverse impact on
neighboring properties of the use, review, evaluation and exercise of planning judgement
relative to the location and site plan of the proposed use are required.
SPECIAL INFORMATION
Section 35.77. Section 35.77 of the City of Denton Zoning Code allows the development of a
remote, off-street parking lot within a Single Family Residential (SF-7) zoning district. A
remote off-street parking area is defined as an off-street parking area that is not located on the
same lot or tract occupied by the building or use being served.
Off-street parking. The Arbors of Denton, when developed, met the off-street parking
requirements of the City. The proposed development will provide an additional 25 parking
spaces, accessible only from within the Arbors property. There will be no access directly from
the street, The new spaces will alleviate over-crowding of parking area within the apartment
complex and reduce the need for parking on the street,
Platting not required. This property Is not platted, Platting is not required prior to any
development because the configuration of the property has not changed since before 1960
and no public improvements are required to accommodate the proposed use.
PU(2
Twenty-one Eperty owners were notified of the application on April 14, 1998. As of April
• 16, two (2) replies have been received In favor; none In opposition, If replies In opposition
represent 20 % of the adjoining land area within 200 feet of the boundary of the properly, the
20% rule will be In effect.
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ANALYSIS f
Denton Development Plan
`
Policy Analysis Summary
Low Intensi Area
Development Retina Compared to Policy
Policy Comments Significantly Somewhat Consistent
Inconsistent Inconsistent
These areas represent x
primary housing areas in The proposed use supports housing,
the City.
These areas are planned
to correspond to an Tha proposal will generate no traffic. x
overall Intensity of 60
trips per day per ave.
The proposal will meet the new
Developments must landscape ordinance wO 20 trees
20 percent planting
maintain the character of per acre inc
the area with architectural area and parking lot screening, from x
r and landscaping, the pu~llc streets. Access will be
desiq
limited. Design will bland with
exislin Arbors development.
Traffic design to ensure
that multi-family and non-
residential uses have Access will be through the existing x
access to collectors or development,
arterials with no direct
access through
residential streets
Sufficient green spice,
recroational facilities and The new landscaping requirements x
diversity of parks are wlII be met.
provided.
Input Into planning by The applicant has Indicated that a
neighborhood nelghbo hood meeting has been x
assoclafions Is held.
encoura ed.
A ` Encourage and promote
good urban design to
~s .
0 enhance the aesthetic Not applicable. x
quality and visual
amenities along major
entrance ways.
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Low Intensity Area defined. The prmary purpose of these areas Is to ensure the overall 19PJ use/ transpontlon bale
by controllkq the overall density and Intensity of land use, rurlher these arse; represent gnmary housing Me$ of the city. '
Thus, these areas should omphosas residerdlat use Instead of a mixture of reskAnUd and ron•reeldenbal uses.
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Section 35.112 of the Zoning Ordinance states that a specific Use Permit shall be Issued j
only if all of the following conditions have been found: EI
1, That the specific use will be compatible with and not Injurious to the use and
enjoyment of other property nor significantly dlminlsh or Impair property values
within the Immediate vicinity;
in a low Intensity area, housing Is the preferred land use, The proposed off•sbeel parking area
will meet all requirements rNarding screening from adjacent single-family residences and public
streets. The additional parking spaces will reduce the demand for parking on the street.
2. That the establishment of the specific use will not Impede the normal and orderly
development and Improvement of surrounding vacant property;
The development of surrounding vacant property will not be Impeded by this specific
use.
3. That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
The proposed site plan assures adequate utilities, roads, drainage and other infrastructure,
4. The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent developments;
The proposed parking area will be accessible only from within the Arbors apartment complex.
One existing curb cut on Bernard will be removed, The proposed use will not adversely affect
the movement of vehicles and pedestrians In the neighborhood.
5. That adequate nuisance prevention measures have been or will be taken to
prevent or control offensive odor, fumes, dust, noise and vibration;
The proposed landscaping 13 required to prevent and control nuisances.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; : nd
Lighting will be Installed to as not w disturb neighboring properties.
7. That there Is sufficient landscaping and screening to ensure harmony and
0 compatibility with adjacent property. 1
Landscaped buffers are proposed C ng all public streets and to screen adjacent residential
development
0 Section 35.113 allows the commission to recommend additional conditions on the proposal O 0
to protect the public Interest and the welfare of the community,
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RECOM EAf~ NDATION '
Staff recommends a Commission recommendation for approval.
The proposed development Is consistent with the Denton Development r' in. It .
is located within a Low fnfensifyarea. The proposal helps to mitigate an existing
problem with parking on the street.
'the proposal meets the criteria found at Section 35112 of the Zoning Ordinance
to Issue a Specific Use Permit.
ALTERNATIVE ACTIONS
1. Recommend approval and report to City Councit its recommendatlons. Section 35-113
allows the commission to recommend additional conditions on the proposal to protect
the public interest and the welfare of the community,
2. Recommend denial, In such event, the request shall not be referred to the council
unless the applicant, within ten (10) days of the commission's decision, shall file a
request In writing with the department of planning and development requesting that the
council review the commission's recommendation.
ENCLOSURES ;
1 r Location map.
2. Proposed site plan.
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ENCLOSURE 1
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ATTACHMENT 6
Planning end Zoning Commission Minutes
April 22,1996
Page 4 of 20
Ms. Gourdie: Okay, because that seemed realty close, and I know that they wouldn't...I just wanted to make sure.
Mr Meyer: I would not envision...
Ms. Gourdie That is not a consideration because where the roads are,..
Mr. Meyer: Right.
Ms Gourdie:. they just cause trouble,
Commissioner Powell, Any other questions of the petitioner? Apparently not, sir.
Mc Meyer, Thank you
Commissioner PoweT Is there anyone to speak In favor. Anyone to speak In favor? Anyone to speak against the
ptlitlon. Anyone here to speak againsl7 We will hear from staff one more Iime, and then we will close the public
hearing
Ms. Bateman, Mr. Meyer was right, There is a typo on this, This Is not 197 lots; Ihis Is 173 that are being proposed
Staff does recommend approval.
Commissioner Powell, At this time, I will close the public hearing, end I will ask legal counsel if we should put that
number Into our motion?
Mr. Engelbrecht It's in the backup,
Commissioner Powell. The 1737
Mr, Engelbrecht It Is In my backup, anyway?
Commissioner Powell Okay. Da we have a motion?
Mr. tngelbrecht I would move approval of Z-98.016,
Ms Ganzer. Second
Commissioner Powell We have a motion and a second, s there any discussion? Being that there Is no discussion,
I will call for a vole. Votes are all cast, Votes are displayed 5 yes, 0 no; and 2 absent. IS - 0)
Mr I,leyer ?hank you
8. Hold a public hearing and consider making a recommandatlon to the City Council regarding a Specific
Use Permit to allow a remote, off-street parking lot in a Single-family I iSF•7) toning dlWIcL The 0.172•
acre tract Is located along the east aide of Bernard, approximately 450 feet south of Collins Street
(commonly known as 1211 Bernard). The applicant for the SpeciA^ Use Permit proposes construction of
on off-street parking area to provide additional parking for tenants of the Arbors of Denton, an adjacent
apartment development, (1.96-017, The Arbors, Mark Donaldson)
Commissioner Powell teem 6-Hold a public hearing and consider making a recommendation to the City Council
regarding a Specific Use Permit to allow a remote, offatroel parking lot In a Single-Fam;y 7 (81'.7) toning district.
The 0 172-acre tract Is located along the east side of Bernard, approximately 450 feet south of Collins Street
(commonly known as 1211 Bernardi The applicant for the Specific Use Permit p'noses construction of an on.
sheet parking area lu provide additional parking for tenants of the Arbors of Denton, on adjacent apartment
development Mr, Donaldson
Mr. Mark Donaldson presented the staff report 4
Mr. Donaldson Thank you, Mr Chair. I'll tee If we can zoom in a little bit fill This particular property Is located
on Bernard, approximately 450 feet south of Collins, In this ores, we ere talking about one single lot. I use the term 1
remote oil-street parking This particular request Is for off-street parking that Isn't very remote from the odjacsnt slte.
It Is contiguous on two borders Our code stows the use of a property within a single-farril zoning district for
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Planning and Zoning Commisslon Minutes
April 22, 1998
Page 5 or 20
remote off-street parking with a specific use permit. I think a couple of pictures are probably worth a thousand words j
here. On the property today is one single-family home. It is located Immediately adjacent to ona of the entryways to i
the Arbors of Denton apartment complex. The owners of the Arbors of Denton propose to construct a parking lot on
this p operty to alleviate over-crowded parking within the apartment complex end on the streets. Circulating are the
public nodes comments, and t think one of them was right on target In that they note that they favored this petition
because If will help alleviate parking problems on the streets, Accxss to the parking area will actually be from the
apartment complex. This particular picture Is taken from the parking lot of the complex and looking back uphill at the
property, Bemard Street being out In this area. This will be the access, so that we will, in tad, be closing one curb
cut on Bernard. There will be no access to the parking lot from the street. The applicants have worked closely with
the Development Review Committee es %,a have learned more and more about the Landscaping Ordinance They
have actually complied with the new ordinance. This is an old copy of the landscaping plan, which shows a slightly
different conflguration and discloses the evolution of the concept. At one time, they were proposing access from this
southern border onto their current driveway In front of the ex'rrir g dumpster, which you saw in one of those pictures
Stolf had a problem with that because it developed potenhc, connicls down In this area with their driveway and
vehicular Iraffie coming from the parking lot kind of hiding bohind that dumpster wall So as a result, we have shifted
to a single access point to the east side of the properly. In the stiff report, you See the matrix is for a development
In a low intensity area and you see that the proposal Is consistent In all areas, You also have the criteria for jr;.wng
a specific use permit and see that the proposal Is consistent with each of those seven criteria. With that, I will close 1
and answer any questions that you might have. 1J
Commissioner Pow4II Any questions for Mr. Donaldson? Sir?
Mr. Engelbrechl: I would just like a little history on what brought this about, how It came about, and how we were
able to do this? =
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Mr, Donaldson. Are you realty asking why we need to add extra parking?
Mr. Engelbrechf, Well, it is fairly obvious that we do not have sufficient paAing on-site. The question then becomes,
was that as a result of our puking requirement did not fulfill the need at this particular site and is that true of other
stet? Do we have a problem, in general or just this specific area?
Mr. Donaldson. I am not aware of any other complexes that have complained to us about not having enough parking
a:rd are seeking this sort of thing. So I suspect it is peculiar to this particular complex, but I do not know, There may
not be other opportunities for apartment managers to go buy the adjoining lot and do this to alleviate a problem.
This may be some evidence that the off-street parking requirements around the univr.rry probably may not be
sul6cienl in order to accommodate 'one student, ors car' type of ratios. Typically, the off-street parking r
requirements are triggered by the rurnber of bedrooms within each unit, and t does not account for lour students
living in a two-bed,oom spa tment with four cars. I suspect that there Is a lot of b,at here.
Nis Ganter I believe that this was done, too, before we changed our parking requiremens toning r
Mr Engelbrechf, That was what I was wondering
A
Mr. Donaldson Yes, I do not know when...
Unidentified. 1898.
Mr. Donaldson 1998, 1 don't know that we have changed them since than
Ms. Ganter: Yes, we did
✓ Mr. Engelbrechf Well, to terry on with that then, I think 8 would be appropriate for us to very carefully assess future
developments I t that area to make sure that we have adequate parking-from the standpoint of the neighbors and
to that the devttoper Isn't forced to come back later on and try to buy up some local residential property, which, as 0
you say, was fortunate In this case that there was Something available that they could do the alleviate some of the ; r
f ' problem
Mr. Donatdson. In our infymal discussions totaling to the Comprehensive Planning process, we Awe, M fact, talked t
about focusing on the area around the University of North Texas, which serves at He dormNOry end service arts and
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Planning and Zoning Commission Minutes
April 22, 1998
Page 8 of 20
tailor-making a set of zoning requlrements apeci8cally for that. we may, in fact, end up creating a university
,
service-zoning district,
Mr. Engelbrecht, Sure. Okay, thank you
Commissioner Powell: Mr. Moreno has a question for Mr. Donaldson.
Mr Moreno Yes, Sir, Mr Donaldson. One reply was returned in opposition, and I am not sure that they said wny.
Do you have any ideal
Mr Donaldson. I don't I jtrt got that the other day and there was no other message attached to it
Mr. Moreno. Okay, thank you,
Commissioner Powell: I was going to ask that same thing, I could not Imagine why anybody would be against this-
just looked like a good deal for everybody-s real winlwin situation 1
Mr. Donaldson. I could guess but I will not. I,
Commissioner Powell Any other nves6ons lot Mr. Donaldson? We will ask the petitioner if he would like to Speak?
Mr Dahlstrom iAr Chair, my name Is 13111 Dahlstrom i
Commissioner Powell And your address, sir
Mr Dahlstrom I am sorry-8333 Douglas In Della%
Commissioner Powell, Thank you.
Mr. Dahlstrom, Andy Carnahan with Corksworthing Is here, also, Mark actually gave my presentation, I really do
not have much to odd other than the purpose of this, as Mark said, Is to address a parking demand Issue that we
had out Ihery right now. I really do not have anything else to add, I think he did a really great job of giving my
presenlation to you. I would answer any questions that you might have, '
Commissioner Powell. We have one lien.
Ms Gourd*. Actually, I do have a question for you I guess I saw you nodding your head that the parking '
requirements d,d not change from the moment that you put the Arbors in; Is that correct?
b1r Cahlslrorn. They might have....
fds Ganzer When the Arbors were all approved and everything, we had not changed the parking requirements for
the multi-family ;
" his Gourd~e. I'm just curious, Isn't (here 8-1 dciit know. I mean, most apartments that I have lived In, you can
only have to many people living In an apartment Is that the ease? Is there a contractual
• h1r. Dahlstrom There is occupancy load maximum. Correct ;
Ms Gourd le So, I mean, even still-I am trying to figure out what caused the demand for 25 spaces. I could see
maybe just a couple, but to me that Is kind or overloading An oparlmenl complex with extra people somehow that
weren't figured in to start with, I'm)usl curious is Io
ti r
Mr. Dalllslrcm I do not think that the parking demand is based on the number of students at much a It la based on
the number of bedrooms In a unit. You may have mare than one person sharing a bedroom In a one-bedroom unit '
v, ire the parking requirement Is only, I think, one parking space for a one-bedroom unit, You might have
r _ nmales I am assuming that that Is what the answer It
Ms Gourdie So will 25 spaces help; this IS a big apartment complex.
Mr. Dahlstrom. Twenty-five will help; yes
16.
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Planning and Zoning Commission Minutes
April 22, 1998
Page T of 20
Mr. Gourdie: Okay. Thank you.
Mr. Dahlstrom: And parking Is en interesting silusuon. I work on a lot of apartment complexes end a lot of the lime
two per unit is over-kill, whereas in this particutor situation, you know, one and a half Is not enough
Ms. Gourdle. Thank you.
Mc Powe'L Any other questions for the petltioner7 Thank you, s1r.
Mr. Dahl; om, Thank you,
Commissioner Powell. Anyone else to speak In favor of the pe.ilion? Anyone to speak egiinst, Anyone to speak
against? We will ask Mr. Donaldson for any final comments.
Mr Donaldson, Stan recommends Commission recommendation fa approval with the finding that the proposed
development Is consistent with the Denton Development Plan and the proposal meets the criteria found In
Section 35.12 to Issue a Specific Use Permit
Commissioner Powell, With that we will close the public hearing and ask If there are any motions here
Ms, Ganxer: I would like to say something,
Commissioner Powell. We have discussion before a motion. Go at It
Ms. Gamer: Well, I will lead into it. Getting Into something that Ehrebeth was talking about-at my property we
have 300 units We have 490 parking places, and we could use 600 parking places bacauss of the student. You
can have 4 students In a hvo-bedroom apartment. When wire full, even though we only have 300 units, we have
about 450 people who INS there and then they have visitors and things that are back and forth and everything Our
property-when N was built, it was under the same parking conditions as when the Arbors was bull I would give
anything If we had a place to put some more parking places because that Is the main problem that we have at our
spaAmenls. That Is the main complaint that we constantly have at our apartments Is that there Is not enough
parking That happens eta lot or apartments In town. So at that. I would like to recommend approval for the Specific
Use Permit for the 0.172•acre tract at Bernard Street, case Z•98-017.
Mr. 'cngelbrecht. I will second that motion with the comment that I thought that this was a very creative way to
access from the property so In essence protected the single-family that was to the south and to the west. I thought
that really looked good, I really opprecialed that, I also wanted to make the comment that many of these spartmenl
complexes, when they were coned, 4 was with an ownership rate of automobiles that was less than It It today-and
an expectation that it would not get as high as it Is today in terms of the number of vehicles per person, which I am
not sure does not exceed one per person In the United Slsles these days. That has created some problems all over
the city for our oldor multifamily and actually single-family because 0 you will notice in many of the older sections of
town we have a smote-car garage with one single driveway, which Is not adequate these days either, Unforiunefely,
we kind of have to live with k as best we can. Appreciate these folks trying Io accommodate the growth In the
^ automobile
Commiss oner Powell Any further discussion on this motion? Seeing none, I'll call for a vote, Somehow or another,
we are not It up: our voting pad Is not lit 4 j
Ms Holley Mr Powell, you need to vole.
Commissioner Pvwelt Ijust vcled, The votc Is S.01r favor, (5»0),
Mr Oahlstrom, I cannot leave without saying ono thing We owe @ lot to the staff for some of these Ideas--coming 1
• In from the apartment complex. We thank Stan. r •
y Commissioner Powell, Thank you, sir.
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• AfTACIIh1t;NT 7
2.98-017 (ARBORS OF DENTON) PHOTOS
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Est-
Photo 1 View locking northeast across Bernard Photo 2 View looking east across Bernard
Street at the entry inlo the Arbors of Denton the' Street at the }runt yard and the existing sirua.ure
is adjacent to the subject tract, which is visible in on the lot. being considered for the remotf, off•
the background street parking lot
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Photo 3 4' e,v look ng southv,est across the Photo 4 View locking north at the south side of
A•htrs of D,ritin eosbng on site parking lot the subject tfac, The bacwside of the existing
v.hcre n ress w^.dd t'e located to the remote, dumpster can be seen to the left and a corner of
c~fl lim,k,ng iat the existing utility building is visible to the right.
0
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Photo 5 View lo,rknq emsl across Bernard Photo 6 View looking west across Bernard
Shoat Al Ill-' property located on lie northslde of Street at the single-family residence located
Ric s„bg,,A prppr.rty nnrnedialely ;',cress the street from the subject
property
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1OUlm'~pR11L0~pnmwlp~wuMiR41f V,
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO DEVELOP AND OPERATE A REMOTE, OFF-STREET PARKING AREA ON
0.172 ACRES LOCATED ON THE EAST SIDE OF BERNARD STREET,
APPROXIMATELY 450 FEET SOIJ rH OF COLLINS STREET (CON5,!ONLY KNOWN AS
1211 BERNARD STREET), AND ZONED UNDER THE ONE-FAMILY DWELLING (SF-7)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF 52,000,00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Arbors of Denton Partners, LTD., initiatA a request for a Specific Use
Permit to develop and operate a remote, off-street parking area on 0.172 acres located on the east
side of Bernard Street, approximately 450 feet south of Collins Street (commonly known as 1211
Bernard Street), and zoned under the One-Family Dwelling (SF-7) zoning district classification
and use designation; and
WHEREAS, on April 22, 1998, the Planning and Zoning Commission recommended
approval of the requested Specific Use Permit; and
WIIEREAS, the City Council finds that the Specific Use Permit is in compliance with the
Zoning Ordinance and Denton Development Plan; and
WHEREAS, in accordance with Article 111, Division 4, of Chapter 35 of the Code of
Ordinances of the City of Denton, Texas, the City Cou•tcil finds that all of the following
conditions exist.
L That the specific use will be compatible with and not injurious to the use and
enjo;ment of other property nor significantly diminish or i npair property values
within the immediate vicinity;
2 7 hat the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant properly; f
? That adequate utilities, access roads, drainage and caber necessary supporting f
facilities have been or will be provided,
4. That the design, location, and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments; 0
5. Thm adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise, and vibration;
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6. That directional lighting will be provided so as not to disturb or adversely affW
neighboring properties; and
7. That there is saffic;ent landscaping and screening to ensure harmony and
compatibility with adjacent property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That a specific use permit to develop and operate a remote, off-street
parking area is granted to the Arbors of Denton Partners, LTD., on a 0.172 acre tract of land
located on the east side of Bernard Street, approximately 450 feet south of Collins Street
(commonly known as 1211 Bernard Street), as per the site plan attached hereto, approved and
incorporated herein as Exhibits A and B.
T[ON [I, 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 ordinancz
is violated shall constitute a separate and distinct offense
SECTIOMU That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily news; aper published in
the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 1998.
JACK YILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FJRM:
IIFRBFRT L. PROUTY, CITY ATTORNEY
aD •
PAGE 2
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EXHIBIT A ,
Field Notes i "
1211 Bernard Street !
Being property located at 1211 Bernard Street, in the A. Hill Survey, Abstract Number 623, in
the City and County of Denton, Texas, and being all of that certain tract described in the deed
from C.L. Hunt et. t:x. To David Manning and James D. Hubbard, Jr. recorded in Volume 1958,
Page 707 of the Real Property Records of Denton County, Texas, as recognized and occupied on
the ground, the subject tract being more particularly described as follows.
BEGINNING at a capped iron rod set for the Northwest Corner of the herein described tract at
the Northwest Corner of said Manning tract on the East aide of Bernard Street;
THENCE East with the north line of said tract, along and near a fence a distance of 125.03 feet r
to a capped iron rod found for the Northeast comer of raid Manning tract in the West line of The
Arbors of Denton, an addition in said City, according to the plat thereof, recorded in Cabinet M,
Page 281, Plat Records;
THENCE South 00 Degrees 01 Minutes 38 Seconds West with said West line and East line of
said Manning tract along and near a chainlink fence a distance of $9,93 feet to a capped iron rod
found for the Southeast Corner of said Manning tract:
THENCE West with the South line thereof, and the North line of said Arbon tract, generally
along a chainlink fence a distance of 125.00 feet to a capped iron rod set for the Southwest
Corner of said Manning tract on the East side of said Street;
THENCE North along acid Street with the Waste line of said Manning traa a distance of 59.93
feet to the PLACE OF BEGINNING and enclosing 0.172 of an acre of land.
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03/10/08 TUE 10:18 FAX 0103407707 CIT1 OF DENWN PLANNING 11002
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Exldbit B
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Site Plan
1211 Banud
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Agenda ifte AGENDA INF PIMATION SHEET Agenda m
O
ate_
AGENDA DATE: May 19,1998
DEPARTMENT: Planning Department
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DCM: Rick Svehla, 349-7715 45
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SUBJECT-Annexation, The Preserve at Pecan Creek (A-77)
Receive a preliminary assessment and consider approval of a schedule of public hearings
with regard to the proposed annexation of a 15.088 acre tract located east of Swisher
Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction
(ETJ) northeast of 1-35E,
BACKGROUND
The Preserve at Pecan Creek is a proposed development within Planned Development
District 132 (PD-131) in southeast Denton. PD-132 is a 400+ acre pl,urnod development
featuring mixed uses, mixed housing types, the preservation of forested flood plain areas,
and the construction of the southern portion of the proposer) Lakeview Boulevard, an
arterial road connecting Highway 380 and Interstate 35E along Denton's eastern edge.
To the west of PD-132 (toward the center of the city) is extraterritorial jurisdiction. The
proposed area of annexation is within this interior portion of the City's ET).
The 15.088 acres proposed for annexation will provide The Present development with
secondary road access and a utility corridor to effectively link to Oe City's existing
infrastructure. The Development Plan for The Preserve describes this area for townhome
style residences with density no greater than ten (10) units per acre, Attachment 3 is a
preliminary annexation assessment.
t.
The attached annexation schedule (Attachment 4) establishes a time frame for public r
hearings required for the annexation and for consideration by the Planning and Zoning '
2% Commission of appropriate zoning for the annexed area.
PRIOR ACTION / REVIEW (Council. Boards. Commissions)
None at this time.
FISCAL INEORIIIATION f
• O f
1 None at this time.
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ATTACHMENTS E 1
1. Location Map.
2. Site Map.
3. Annexation Petition
4. Preliminary Annexation Assessment.
5. Proposed Annexation Schedule,
6. Proposed Notice of Public Hearing. '
Res lfulllu¢m' I
I
vtd Hill
Director of Planning and Development
Prepared by:
Mark Donaldson
Assistant Director, Planning and Development
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ATTACHMENT 1
Location Map
A-77
PROPOSED
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A '1 k
EXTRA-TERRITORIAL JURISDICTION
VWMW CIV BOUNDARY
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ATTACHMENT 2
Site Map
A-77
PROPOSED f'
{ ANNEXATION i
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DEVELOPMENT PLAN
I f,3 I THE PRESERVE 1 ;
Elirl I'' DWOK TEXAS .i
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01; 27/ 1998 10:28 4463116 'x}i41L PAGE 07
ATTACHMENT 3
• pp:Islet A-7^J
rot
AMM YA1IOM
t0 fm pLAMMIMO AND JONINO CORUSSION
An
CIO" COUNCIL 1 1
Of
TNg Cut OF mm, 29YA
The reds stds11d ear herby petition tot Wexaltom of s'~ a °sorer located
is the sat:+ter:l•ettal Juttrdietlos
of the City of enton, haa~efhe ptopettl is more psettouletll described is
the attaCho& surval dororipttos and shown es the attsched asp. The un4ees1gn0l
also COStifleg that the following tequlted inforatioa concerning the load mot
Its lnhottants is reasonably soeurste WA sasums relponsittltty for
completion of eat, information prior to scheduled action oC the request bl the
city of Denton.
I. to petition being W%L4 Aed Sy emer(e) of majority of regtstered votste to
area of requeetf to ✓ No If to, what is the states
Of the applicant!
1. Now any dwelling unit/ 40 located within the area rsqussted for
annotations
3. Now many businesses o nonstdentlel land uses are 1046%04 within the atsa
of the tequeat1 _ ',base provide a general description of these
land used tneluding tM nass(s) of bustaeeess, It Yno•m
4. Doss area of request include any tetettery withla the City limits or stra-
territorial jurtsdlction of soother city? Tes No
S. lotlate4 popula Ion of the area of request. Matte
Chlldtea Number et registered vote
d. At the tta of this petition, have any other annetaltos procedures Use
Lntllate4 for all or any part at the area miusated is this potitteaT
tee Me it logo ploesi etptata time ptotodures bogus
tad their statue.
i
• T. Does a voter supply dlstttat Its withle, boundaries at the area proposed
for annearllonT Tor No
S. what toning, it any, ether than 44rt4uitural (A), h bftng ttgwste8 andte
eep►t►te potttloat t'Si ♦i+l~'/14/ TDrtInJ/~ /1i1 P5 14-
Now much of tett} o~ry to 004 tot, anhesattes is Included is shin{ QCL
Ds%itical ( S
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0412711998 10028 4463116 GODDWIH MARSHALL PAGE 03
P4titlom Car Jwnesatl.a
P440 Two
4, tRut i~ e o purre•e o e aa~ on7
to. Planned 1aM use (it sonlnt is feint requasted)I proposed Unit
Catstory s, Sotal Ur A te Or
?2f"ALUX"m Swum oota
a. girdle family detach"
b. Slntle family att►ehed (tounhouse•, 1 0
elustos eta.)
a. Atteetel PatleJgavdsn/asro lot line
d. Duplsa
Kultt-tssily
f. ofrtee
S. 1141gutertood service -
t. C4seral Mtatl
l. Coomsrelal -
tight industrial -
1:. g46vy Industrial
Proposed us4($) it speottie s4 Permit or planned developsent (Pb) batnt
regwstN.
it. gave potitlonst(•) 441111a thessol"s With tt4 ettiolsl anossatloo
~Of %ht
polieyI land use poltoi4s, end the standard 1101MG 61 eerelos PISA
f✓C ~
Ctty of postal? to
S - t~ r` E /Z elopuees t r
Memo of CMnsr(s) Date
Slgnatare(r
Address( ) /Z
7K
7521• b' ,
tt petitloaoe to act the *war of the propertyl Status
Petitloaar
Ysms(t) teUPhoM t l ,
• Signature(s) Date
Adlresa(a)
for Sr*$ Proposed tot a imstioa must be
• + rt411 Rotes and beaatlea N+P
suW%tsd along vitl 40"1044 p4ti1(eo '"tote Process t4tiss. • ,
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ATTACHMENT 4
PRELIMINARY ANNEXATION ASSESSMENT
A-77
The Preserve at Pecan Creek
Owner Information: Westover Residential Company & CAIAS Inc.
4000 W. Windsor
Flower Mound, TX 75028
Developer Information: Sams
Location and Size: 15.088 acres located east of Swisher Road near its
Intersection with Edwards Road in Denton's
extraterritorial jurisdiction (ETJ) northeast of 1-35E.
Existing Land Use: Undeveloped
Surrounding Land Use: East: Undeveloped land in the City zoned PD-132
West: Undeveloped land in the ETJ
North: Scattered single-family residences in the ETJ
South: Scattered single-family residences in the ETJ
Proposed Development: Residential townhome development at 10 dwelling
units per acre consistent with the proposed
Development Plan for the Preserve at Pecan Creek.
Analysis:
o The subject property is In an area of the ETJ that Is surrounded by the City. It
is an enclave of ETJ within the City. It is adjacent to the City boundary on
one side. Annexation of the subject property will reduce the size of the "hole"
is the City's boundary.
n Incorporating the subject property Into the Development Plan for PDA 32 will
provide a corridor for utility and street connection to the proposed
development.
1 ~
' u Development In the area is Imminent. As development occurs it should be
• within the City's growth management jurisdiction. Development will require
extensive public Improvements.
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ATTACHMENT 5
F
PROPOSED ANNEXATION SCHEDULE
A-77
The Preserve at Pecan Creek
May 19, 1998 City Council receives a preliminary assessment, gives
direction to staff and considers approval of a schedule for
public hearings regarding the proposed annexation.
u Preliminary "nnexation Assessment prepared.
i
May 21, 1998 Notice publlshed in Denton Record-Chronicle for first public
hearing.
a Annexation Study prepared and available for public review, j
o Service Plan prepared and available for public review.
June 2, 1998 City Council conducts first public hearing.
• Public notice must be no less than 10 days and no more
than 20 days before public hearing.
June 5, 1998 Notice published in Denton Reoord-Chronicle for second
public hearing.
June 16, 1998 City Council conducts second public, hearing.
Public notice must be no less than 10 days and no more
than 20 days before public hearing.
June 24, 1998 Planning and Zoning Commission holds a public hearing and
considers making a recommendation's to the City Council
regarding the proposed annexation and the proposed
zoning.
• Public notice must be no less than 10 days before public
hearing.
July 21, City Council by a four-fifths vote Institutes annexation
proceedings. First reading of annexation ordinance.
ti . Action must be more than 20 days after the second
public hearing but less than 40 days from the first public
hearing,
July 26, 1998 Publication of annexation ordinance in Denton Record-
Chronicle.
September 1, 1998 City Council by a four-fifths vole takes final action. Second
reading and adoption of the annexation ordinance. City O
Council considers approval of zoning request.
JIV, Council action must be more than 30 days after
publication of ordinance and less than 90 days efler
council institutes annexation proceedings.
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ATTACHMENT b
NOTICE OF PUBLIC HEARING
(Aa7)
I
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
I
The City of Denton, Texas, proposes to institute annexation proceedings to alter
the boundary limits of the City to add the territory described in Exhibit `A•,
attached hereto and incorporated by referents herein, to the corporate City limits
of the City of Denton.
A public hearing will be haid by and before the C'ty Council of the City of Denton,
Texas, on June 2nd, 1998, at 7:00 p.m. In the City Council chambers of the City
Hail, 215 rest McKinney Street, Denton, Texas, for all persons interested In the
l
proposed annexation. At the said time and place all persons shat have the right
to appear and be heard.
Mark Donaldson
Assistant Director, Department of Planning and Development
This notice and the attached "Exhibit A" are to be published in the Denton Record
Chronicle on May 211998.
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Agenda Item
'
AGENDA INFORMATION SHEET
AGENDA DATE: May 19,1998 Questions concerning this
acquisition may be directed "
DEPARTMENT: Finance - Purchasing to Rick Svehla 349-7715
ACM: Kathy DuBose, 349-8228
i
SUBJECT
i
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
ADDENDUM # 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE
!'PSIGN OF STREAM PEC-4 STORM DRAINAGE IMPROVEMENTS AND
P JDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS BETWEEN THE
CITY AND TEAGUE NALL AND PERKINS INC,; AU'T'HORIZING THE j
EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE
DATE. (PSA # 2164 - ADDENDUM #2 - TEAGUE NALL AND PERKINS IN THE
AMOUNT OF $18,200.00).
@~IicROUNn
On July 1, 1997 the council approval a contract with Teague Nall and Perkins for
professional services related to the design of Stream ?EC-4 Storm Drainage
Improvements and the Ruddell Street Bridge and Channel Imprc ;ements in the base not
to exceed price of $217,647.00 (Ordinance 97.191). On December 16, 1998 Council
approval addendum 41 in the amount of $45,163.00 to cApand the scope of work to
include (1) construction plans for Pecan Creek between Stream PEC-4 and Sycamore
Street as -AcIl as a study to consider removal of the Sycamore Street Bridge and (2)
construction plans for either Channel Improvements to Pecan Creek from Woodrow Lane
a Ruddeh Street (Ordinance 97-364).
Addendum #2 in the a nount of $18,200.00 is to cover additional eepenses incurred due
to a revision in permit ng requirements from the Federal Government for some of the
• channel work.
ESTIMATED SCHw,DULE OF PROJECT
s
This implementation of addendum #2 will have no effect on the schedule for the entire
proicct currently scheduled for August 1, 1993.
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AGENDA INFORMATION SHEET
' MAY 19,1998
PAGE 2 OF 2
:
p$LOR 06Q1ON/RBVIEW LQunclL Boards. Commissionsl
The Oversite Committee considered this addendum on March 25, 1998 and unanimously
tecommkyided approval.
FISCAL INFORMATION
This addendum will be funded from unused street bonds for Masch Branch Road
Improvements (the FFA has indicated that this portion will not be ready this year) and
from a reimbursement resolutio;i. Ultimately funding for these projects would come
from drainage bonds funds. Account 4 461-020-DRAN-9823.9108.
CONTRACT -CHANGE ORDER INFOMATION
Ad,-andum k2 in the amoun; of S18,200.00 is for additional funds needed to meet the
demands of a revised permitting procedure for portions of the PEC-4 channel work.
These revisions were implemented by the Federal Government after the original contract
was approved by Council additional expertise is required to collect the data to satisfy
Corp, TNRCC, Texas Parks & Wildlife and FAA request.
We recommend this change order (addendum k1) be approved in the amount of
318,200,00 increasing the contract to a total not to exceed of 3281,010.00.
Respectfully submitted:
Name: Tom Shaw, C.P.M., 349.7100
Title: F urchasing Agent
Attachment 01: Ordinance 97-191 dated 7.18-97
Attachment q2: Ordinance 97.364 dated 12-16.97
Attachment k3: Addendum N 2
Attachment #4: Memorandum from Rick Svehla •
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING TILE CITY MANAGER TO ENTER INTO A PROM-
SIONAL SERVICES CONTRACT WITH TEAGUE, NALL AND PERKINS, INC. FOR THE
DESIGN Of THE STREAM PEC4 STORM DRA34AOE IMPROVEMENTS AND THE
RUDDELL STREET BRIDGE AND CHANNEL IMPROVEMENTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
I ~
1. That the City Maoager is herby authorized to enter Into a professional
service., c-,ntract with Teague, Nall and Perkins, inc, for the design of the stream PEC-4 atom
drainage Ia xovements and the Ruddell Stet bridge sntd channel improvements, a copy of
which is atta hed hereto and Incorporated by reference herein. I
SECTi9111. That the City Manager k svthorized to expend funds u required by the
attached contract,
SECTION jp. That this ordinance shall become effective immediately upon Its passage
and approval.
PASSED AND APPROVED this the 01- day of 1997.
r
JAC ILLER, MAYOR
ATTEST:
JENNIFER WALTERS 'ITY SECRETARY
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AP VED S TO LEGAL FORM:
Y HERBERT L. PROUTY, CITY ATTORNFY ti
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APPROVED AS TO LEGAL FOAM:
FMERT L. PROM, CITY ATTORNEY
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ORDINANCE N0. 97' 3/c 7'
AN ORDINANCE AUTHOTUZINO THE CITY MANAGER TO EXECUTE ADDENDUM
NO, 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF
STREAM PEC4 STORM DRAINAGE IMPROVEMENT AND RUDDF-LL STREET BRIDGE
AND CHANNEL IMPROVEMENTS BETWEEN THE CITY AND TEAGUE NALL AND
PERKINS, INC.; AUTHORIZWO THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 1, 1997, the City entered into a Professional Services Agreement for
the design of stream PEC4 storm drainage improvements and Ruddell Street bridge and channel
improvements with Teague Nall and Perkins, Inc., hereinafter referred to as 'Sue Agreement,,.
for a not-to-exceed amount of 5217,647; and
WHEREAS, the City desires to expand the scope of work for the above named consultant
to include Alternatives No. S and 6 and to increase tha consultant's not-to-exceed figure by
545,163 to 5262,810; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS;
SECTION 1. That the City Manager is hereby authorized to execute Addendum No.1 to
the Base Agreement between the City and Teague Nall and Perkins, Inc. in substantially the form
of the attached Addendum No. I, which is made a part of this ordinance for all purposes.
SECTION That the City Manager is hereby authorized to expend the Ponds as set
forth in the attached Addendum No. 1.
SECTION III, That this ordinance shell become effective immediately upon its passage
and approval. t
PASSED AND APPROVED this the day of / e m 19~.
JA LER, MAYOR
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1 ATTEST:
JENNffER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUN, CITY ATTORNEY
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM # 2 TO
THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC4
STORM DRAINAGE IMPROVEMENTS AND RUDDELL STREET BRIDGE AND CHANNEL
IMPROVEMENTS BETWEEN THE CITY AND TEAGUE N4LL AND PERKINS INC.;
AUTHORIZING THE EXPENDITURE OF FUNDS 'T'HEREFOR AND PROVIDING AND
EFFECTIVE DATE. (PSA # 2164 - ADDENDUM #2 - TEAGUE NALL AND PERKINS IN THE
I` AMOUNT OF $18,200.00).
WHEREAS, oil July 1, 1997, the City entered into a Professional Services Agreement for „ f
the design of stream PEC4 Storm Drainage Improvements and Ruddell Street Bridge and Channel
Improvements with Teague Nall and Perkins, Inc., hereinafter referred to as "Base Agreement," for
a not-to-exceed amount of $217,647; and
WHEREAS, on December 11, 1997 the Council authorized addendum #2 increasing the
consultants not-to-exceed figure by $45,163.00 to $262,810 and;
WHEREAS, the City desires to expand the scope of work for the above named consultant
to include Addendum 02 and to increase the consultant's not-to-exceed figure by 518,200 to
$281,010.00; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the City Manager is hereby authorized to execute Addendum #2 to the
Base Agreement between the City and Teague Nall and Perkin.-, in substantially the form of the
attached Addendum #2, which is made a pan of this ordinance for all purposes.
SECTION 11. That the City Manager -q hereby authorized to expend the funds as set forth ;
in the attached Addendum 02. i
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SECTION Ill. That this ordinance shill become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of _ 11998.
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JACK MILLER, MAYOR ;
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JENNL'ER WALTERS, CITY SECRETARY j i
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PSA MCOMNANCE
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STATE OF TEXAS 4 ,
COUNTY OF DENTON C
ADDENDUM NO. I TO PROFESSIONAL SERVIC
AGREEMENT FOR THE DESIGN OF SCREAM PEC 4 STORM
DRAINAGE IMPROVEMENTS AND RUDDELL STREET BRIDGE AND
CHANNEL IMPROVEMENTS BETWEEN THE CITY OF DENTON
AND TEAGUE NALL AND PERKINS, INC.
DATED JULY 1,1997
This Addendum No. 2 to that Professional Services Agreement for the design of stream
PEC4 storm drainage improvements (Pecan Creek to P&P Railroad) and Ruddell Street bridge
and channel improvements (Ruddell Street to Stream PEC4) between the City of Denton, a Texas
Munlcipal Corporation, with its principal office at 215 East McKinney Street, Dentoa, Denton
County, Texas 76201, (hereinafter sometimes referred to as 'Owner') and Teague Nall and
Perkins, Inc,, with its corporate office at 915 Florence St., Fort Worth, Tarrant County, Texas
76102, (hereinafter sometimes referred to as 'Consultant'), acting herein by and through their
duly authorized representatives, hereinafter referred to as "Base Agreement."
ARTICLE 1.
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• That Section B of Article It "Scope of Services" of the Base Agreement is hereby amended
by adding (Items 1 and 2) and deleting (Item 3) the following engineering services for the
referenced elements of the project:
♦ I. Preparation of three (3) Nationwide 404 permit applications and one (1) indlvidua1404 f O
permit appllcatioa for various segments of the subject project as required by the Como
of Engineers (COE). Also included in these services will be coordination with COE, I
attendance at pre-submltial meetings with both the City of Denton and COE, and the
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:bmittal of these 404 permit applications with related mitigation plans as necessary.
permit submittals will be based on the pre-submittal meetings and will address City
and COE comments. Specifically excluded from this proposed contract amendment
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fee is the effort necessary to respond to any COE com•neats after submittal.
2. Preparation of boundary surveys and required easements for the area between
Woodrow and Ruddell.
3. Delete preparation of thirty (30) easements along the project route previously Included
In the scope of services of the original contract agreement.
ARTICLE 11.
That Article V'Compensadon," subsection B •Billini and Payment" of the Base Apreement
ishereby amended by adding/deleting the following fees to the Consultant's nc'•!; :.ed figure: +
t
The following additional hourly-based fees are based on the above scope of work 6
descriptions am indicated in Section B of Article D of the Base Agreement:
I • COE 404 Permit Applications (Total o! four (4) required).
Research, preparation of pennit and related
exhibits, and coot dination with COE. S18.2
Subtotal Permit Applications $18,200
O 2. Aoundary Surveys altd Easement Preparation (Woodrow to Ruddell)
Surveys and legal 6icriptions S 9.000
Subtotal Boundary Surveys/Eaterunts $ 91000
3. Dcledoo of thirty (30) eammew pawls
• 30 Easements ® $ 300/eachr (19.000)
Subtotal Easement Parcel Reduction
($9,000)
Total Proposed Additional Er4iate ing Serrices Fee $18,200
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That the total of the additional fees for the above-mentioned services shall increase the not-
tcuxceed figure of $ 261,810 by $ 18,200. to that the not-to-exceed figure shall now be $281,010. 1
ARTICLE IA.
Thatsave and except as amended hereby, the remaining sections, subsections, sentence:, and
phrases of the Base Agreement shall rentain In full force and effect.
EXECUTED in three (3) counterparts (each of whhich Is an original) on behalf of Consultant
by its Vice President shown, below, and on behalf of Owner by its City Manager as duly
authorized by its City Council this day of , 1498.
I
OWNER: CONSULTA►NTt
CITY OF DENTON, TEXAS TEAGUE NALL AND PERKINS, INC. `
Ted Benavides, City Manager J. RI rd Perkins, P. E., Vice President
ATTEST: ATTEST. '
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JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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CITY OF DENTON, TEXAS 11 R E. UcXlWWY Stn-4 Unton . Taws 24201 tr -3307
offfda of the Crry Afanayar
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MEMORANDUM
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DATE: May 15, 1908
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT'. CHANGE ORDER TO TEAGUE NALL & PERKINS CONTRACT
In April we talked to the Council about recommendations from the OvorsigM Committee.
Included In those was approximatey, $20,000 for more engineering pork from Teague
Nall S Perkins, specifically it was for helping us get 404 permits for Pecan Creek
Tributary 4 (PECA) because of the need to move quickly to oontrect we are trying to
move the work forward as fast as possible. In our haste, I failed to ,.heck to make sure
we had not gone over 25% of the contract with change orders. This change order is the
second change order and when it Is combined with the first change order it does put us
over the 25% limit, Therefore, we would recommend approval of 0,19 ordinance in order
to make sure meet all requirements. If there are any questions, please calf me at your
convenience.
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Deputy City Manager
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Attachments
Packer May 15 Change Order Teague Nall 6 Parkins
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CITY OF DENTON, TEXAS ____IJ s e,-Mi;Klnney Street, Denton, Texas 76021 (940) 349-0307 .
Office or the City Manager
MEMORANDUM
DATE: April 3, 1998
TO, Mayor and Members of the City Council
FROM Rick Svehla, Deputy City Manager
SUBJECT: OVERSIGHT COMMITTEE RECOMMENDATIONS
On March 25" the Oversight Committee met to discuss several projects. The projects
fell into two categories. drainage and streets I've attached a copy of the backup and
the draft minutes from the meeting.
There were three drainage projects that the Committee recommended to you. The first
of these is a change in the project called the Carroll/Crescent project. Initially, we had
intended to enlarge the crossing of north Pecan Creek at Carroll Boulevard and at
Crescent Street After some initial study, staff recommended that the money could be
spent more efficiently at the crossings on Crescent Street and on a crossing further to
the south at Congress. The second project is a joint project with the school district on
Linden Street. Council may remember that you just recently abandoned Linden. This
project would be a joint pipeline from Fulton and Linden east along the abandoned part
of tha street to the existing channel. The third project is for some additional funding to
help us secure 404 permits on the main channel of Pecan Street from Wooofow Lane to
Sycamore The Council may recall that the Corps just recen!ly changed the rules
necessitating further permitting requirements
l he two road projects are also joint projects. The first of these is a joint developer/city
project. It would extend Wir JrIver Boulevard from a point near Teasley and Lillian Miller
to the I-35E frontage road That will help to relieve traffic at the 11-151oop 288
intersection for anyone us!og Southridge Center. The second project would also be
connected to the 1.35/Loop 288 intersection This mould allocate funding to help us do 0
the environmental assessment and to begin the tshematic designs or ramp changes
near Loop 288 This project will have to be done in conjunction with TXDOT and COG.
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Memo to Mayor and Council Members '
April 3, 1998
Page 2
The funding for the road projects would come from the bonds that will be sold for the !
Masch Branch Road project out near the Airport. This project will be used as our 10%
match to the FAA extension of the runway. FAA has advised the airport staff that they {
won't be ready for this project for at least one year. So staff recommended that we use
this money now and then replace K with miscellaneous street funds from next years
sale. The Oversight Committee agreed and makes that recommendation to you. The k
drainage projects were also recommended to be financed from miscellaneous drainage
bond money from next year's bond sale. However, In this case we don't have any extra
drainage bond funds available now. Therefore, we must do a reimbursement resolution
in order to fund these improvements now, Again, the Oversight Committee
recommended these projects and the financing mechanisms, The Finance Department
has submitted the resolution on this some agenda.
k '
As you can see from the minutes, the Oversight Committee unanimously recommended
all of the projects to you. They felt that each of them makes the money go further and
helps us to build improvements that will eliminate hazards and congestion. If any of you
have questions, please call me at your convenience.
Rick Svehla a '
Deputy City Manager
RS:af
Attachments
CC April 3 Oversight RecommendpPo s I
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Office of the City Manager
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MEMORANDUM
DATE: March 19, 1998
TO. Oversight Committee
FROM. Rick Svehla, Deputy City Manager
SUBJECT, BACKUP MATERIALS FOR THE AGENDA
First thing on your agenda is a happy thing and a sad thing. Staff has taken the liberty
of doing a resolution for your consideration for Brent. Kathy Brooks of our staff has
done an excellent job of running down the odds and ends and putting together this
resoiulion and a plaque for Brent. We would like the Committee to approve the
resolution so that we can send it on to Brent.
Now to the more nilly gritty items. From your fast meeting, we briefed you on the
bridges on Carroll at Crescent and then the bridge on Crescent, Jesse has looked at
this project and in our previous discussions felt comfortable with recommending this
project rather than the oid description that was In the CIP and so we would recommend
Thal to you. the next four issues are new issues. We have been able to visit with
Jesse, Terry and Joe about these projects. The need for the projects and the urgency
to move ahead has caused us to put these on as consideration and action items.
The first of these (action item #3) is what we are calling Badie Road. Attached is a
portion of our thoroughfare plan and you can see that there Is a road that runs east from
the iniersection of Lillian Miller and Teasley to the frontage road of 1.35E. This area is
rapidly being developed In fact, within the last month developers have made contact
with Jerry to talk about beginning to develop the last tract between the Wind River
Estates subdivisions and the freeway (the Badie tract), Jerry Immediately saw the value
0 of extending this road to the freeway. Since the developer wants to work in phases,
what we are suggesting to you Is that we join with the developer to make the connection 0
between Teasley and Lillian Miher and the freeway happen much faster. This will
enable us to relieve traffic at 1.35 and 288. Right now most of you are aware that ;
people going to AlLurlson's and the stores in the southwest quadrant of 35 and 288
have to come back out onto Lillian Miller to gel anywhere south on Lillian Miller.
Otherwise, the other choice is to go across 35, back up the frontage road to Teasley !
and Then come back toward Southridge, Fonestridge, Monlecito and all the other
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March 20, 1998
Page 2
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development In that area. This new road will allow people to come out of that shopping "
center and turn right on the frontage road, and then right again on "Sadie Road", back to
Southridge, Montecito, Forrestridge or any of the other developments. Thus, eliminating
a portion of the congestion for people going to the Albertson's and other shops In that
shopping center, In order to do this. Jerry and his group have estimated that the total
road project as being about $400,000. Our pitch to the developers has been a shared
cost Idea (t e , we would contribute $200,000 to build this project), We would
recommend that to you.
Action item #4 is to seek funding for an environmental assessment and schematic
design for ramps near the Intersection at 1.35 and Loop 288 and U.S. 77 (Dallas Dr).
Recently, we were able to convince NCTCOG and TXDOT to look at a major investment
study of this intersection, The study would change a number of the ramps that are near
this intersection. What that would do for us Is to eliminate some of the through traffic In
this intersection, carry it on the freeway and then allow it to exist on various ramps that
are more appropriate. What we want to do in this project is help keep this project
moving Ultimately all of the construction for this will be funded by TXDOT; however, in
order to keep it moving faster, we would like to commission the environmental
assessment and schematic design that Is needed for this kind of project. We are
estimating the cost of that to be approximately $50-100,000. Again, we would
recommend that we do this In order to move the project ahead and make it come to
fruition sooner.
We would propose to fund these two projects with money that we will be selling within
the next couple of weeks. All of you may remember that in this year's bond sale we
have about one million dollars slated for a bypass road out near the airport. Our intent
on this road has always been to use it as our matching funds for the extension to the
runway at the airport. The airport staff and the FAA have advised us that they are not
ready to commit to the extension project yet. So we will have $11 million of street
funds that would be available to be used. What we would also recommend to you is
that we earmark this same amount of muuey ($250.900,000) In the miscellaneous street
money in next year's bond sale to be used to repay these funds. Thus, we will continue
to meet all of the obligations of the original election, but be able to move forward on
these two projects
1 he last two a;tion items are prolesls that we wanted to talk to you about are drainage
projects The first of these Is a joint project with the school district. It Is called the
Linden Street drainage project. With the Improvements that the District is making to the
Bronco Field Athletic Field complex, new drainage facilities will have to be built. That
pipe will run from the channel on the east end of Linden near Alice back to the west to a
the Fulton intersection and a little beyond it. The project as originally designed by the
District was going to be just for drainage needs of the district However, in that same
area, the city has also some drainage area that could be serviced by this pipeline. What
we are suggesting to the Oversight Committee is that we jointly build this project, share
appropriate costs and build one pipe system, one time Our costs In this project would 4
be approximately $90,000. We would recommend ;l to you since we will be able to gain
16
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Memo to Oversight Committee
March 20, 1998
Pale 3 ;
economies of scale and do the project one time rather than coming back at a later time
and running a parallel fine and tearing up some of the proposed Improvements. 4
The second project is to seek some additional funding for PEC 4, or the Robertson
Street channel. We thought we were moving very well with the Corps of Engineers on
permitting requirements for this project. Unfortunately, the fads have changed rules on
requirements on some of the channel work. In particular, work on the main channel
now has to be permitted in a different way than originally expected. What that means Is
1 that there will be other entities scrutinizing our permit, Entitles such as Texas Parks b
Wildlife, E.P.A., and the TNRCC will be looking at the project. What It means for us is
that we will have to hire some additional expertise to get the Information into our permits
L and to meet with us and Cops, TNRCC, Texas Parks & Wildlife and the EPA We think
it Is Imperative that we do this since we want to be able to do this work during this
summer construction season. We expect this cost to be about $20,000 and we would
like your approval to move forward with this recommendation also.
The funding for both the Linden Street project and this additional funding for the 404
permits would have to come from the miscellaneous drainage money in next year's
program. There Is approximately $375,000 In that program for next year. These two
projects together would create a need of approximately $110,000. That would still leave
$265,00% for projects to choose next year, We would have to handle this funding a little
bit different than the previous street projects simply because we have not sold any extra
money, or will not sell In extra money in this upcoming safe. So what we would have to I
do is do what is .alied a reimbursement resolution that would allow us to fund these
projecls this year from operating or other funds that are available and then reimburse
them with bond monies from the miscellaneous drainage bonds next year. That would
limit some of our projects next year, But again, the value of these two projects Is very
good and we would recommend them to you. j
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We look forward to the meeting next week. If we can answer any questions prior to
that, give us a call.
• Sincerely,
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Rick Svehla k i
Deputy City Manager
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Attachments
March 25'° Oversight Committee Meeting 6ackvp
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Agenda No._ q ~ q _ i
4genda Item
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AGENDA INFORNTATION SHEET
AGENDA DATE: May 12, 11998
DEPARTMENT: Parks and Recreation Department
ACNI: Michael W. Jez, Assistant City Manager of Operations
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An ordinance amending the 1997.98 annual Recreation Fund Budget of the City of Denton in the
amount of hkenty-one thousand lice hundred nine dollars ($21,509.00) to help establish the
Middle School Program and expending such funds for recreational programming at the three
middle school sites; and providing an effective date,
I
BACKGROUND I
The Parks and Recreation Department Strategic Plan calls for the expansion of youth services
and increased collaboration with DISD and others in the delikery of services,
Since 1983, the city and DISD hake jointly provided an after school program in Denton
elementary schools. In recent years, the Iµo agencies hake also discussed the need for after
school programs for middle school students, In October 1997, DISD contacted Parks and
Recreation Department staff requesting that a cooperative program be developed, The request
nas prompted due to the mokement of the sixth grade from the elementary schools into the
middle schools beginning August 1998. For the last several months, DISD and city staff hate
worked to dckclop a program to meet the needs expressed by parents and rocluested by the DISD.
i he purpose of the Middle School program is 'To provide activities for teens after school that
are educational, recreational, and dccclopmcnial "the program will promote safety, learning, I
resp<msibility, community involkement, and leisure skills," the program Hill provide a safe,
structured and supcn ised en0ronr.ent for teens and pre-teens. Many parents from the current
elernentary Auer School Action Site program hake requested the need for aner•school activities
for middle school children. These parents do not beficke that sixth-graders arc old enough to
slay at home alone after school and kvould like their child'children to be inkolced in
educational' recreational octi0tics in a sere and supervised environment A survey was
administered to determine the need for a Middle School Program and all parents who completed
the surkey s,.w there was a necessity for this program.
Aner school program! for this age group hake been recogni/ed as a critical need on a national
0 and local level 'I he need for supervised activities aver school is essential for children when their 0 '
parents are at work. Many children in this age group become involved in unhealthy and'or
illegal aclikilies %%hen they are bored and unsupervised. According to 1997 Denton Police
reports 30 disorderly conducts, 17 simple assaults, and 39 reports of theft un~cr $750 were
committed by teens bemeen 4,00-6:00 p m. This program is essential for the safety and welfare
of the middle school children, This program will help reduce the number of students who have
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to walk home alone, and will reduce the number of students who wait unsupervised for hours
F.
outside the school.
Middle school students themsehes have recognized this need. In a survey that was administered
at the middle schools, teens identified as a significant issue the need for activities to keep them i
occupied and out of trouble.
ESTIMATED SCHED-JLE OF PROJECT
May 9, 1998 Program registration begins
IL August 10, 1998 First day of school and start of program
r"
A "Standards of Care" ordinance will be presented to City Council for consideration prior to the
start of the program. This ordinance will detail standards for operation and management of erne
program.
PRIOR ACiION'/RE%'IE%
Both the DISD School Board and the City Council have been notified of the program and its
purpose The Parks and Recreation Board also has been briefed on this program. Because this
program falls within goals and actions identified in the Parks and Recreation Department
Strategic Plan, no formal action was required of the Parks and Recreation Board
I
FIR'Al, INFORMATION
the $21,509 requested in the Recreation Fund will provide for one program coordinator and
three leaders at each site, program supplies and equipment, transportation costs for field trips,
and reimbursement costs for enrichment teachers. This request will provide funding for the
beginning of "he school year, from August 10 - September 30, 1998. The cost of the program
for the remainder of the school year will be submitted for approval in the 1998-99 fiscal year I,
Recreation Fund budget „ F
Because this program is fee based and will recover 100°,6 of expenses through revenue, there will
be no impact on the General Fund budget, The net effect on the Recreation Fund will be no more }
than a zero balance
j-
• EXIIIAIT
i. Ordinance Re tf ly submitted
M h,
Ld Hodney
• Director of Parks a Recreation
PrepaYe by, ~ • •
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Jane Simpson
Su rintendent of t.e re Sen'ices
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ORDINANCE NO.
AN ORDINANCE AMENDING THE 1997.98 ANNUAL RECREATION FUND BUDGET OF
THE CITY OF DENTON IN THE AMOUNT OF TWENTY-ONE THOUSAND FIVE HUN-
DRED NINE DOLLARS (S21,509,00) TO HELP ESTABLISH THE MIDDLE SCHOOL
PROGRAM AND EXPENDING SUCH FUNDS FOR RECREATIONAL PROGRAMMING
AT THE THREE MIDDLE SCHOOL SITES; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, after the 1997.98 City budget was adopted, the Denton Independent School
District ("DISD") requested the City of Denton to develop a cooperative after school program to
meet the needs of students at Calhoun, Strickland, and McMath Middle Schools; and
WHEREAS, there is a need for after school programming for pre-teen and teen children
existing in the City of Denton, as expressed by parents, to provide these educational opportuni-
tics in a safe and supervised environment; and
WHEREAS, the City of Denton, through its Parks and Recreation Department, has
worked cooperatively with DISD for many years to provide for the needs of children in Denton;
and
WHEREAS, the City's Parks and Recreation Department and DISD are able to provide a
recreational educational program at Calhoun, Strickland, and McMath Middle Schools, which
includes transportation of participants on field trips; and
WHEREAS, the City Manager advised the City Council that such revenue and expendi-
[tire was not anticipated prior to the adoption of the 1997.98 budget and could not have been in-
cluded in the original budget; and
WHEREAS, there was a movement of sixth grade students into the middle school pro-
gram beginning in August, 1998, and after school programs for this age group have been
recog- nized as a critical need on both a national and local level; and
A
WHEREAS, Section 8,08 of the Charter of the City of Denton and Section 102.009 of the
• Tcxas Local Government Code provide that a govcming body may authorize an emergency ex-
pcnditure as an amendment to the original budget only in a case of grave public necessity to meet
an unusual and unforeseen condition that could not have been included in the original budget
through the use of reasonably diligent thought and attention; and
WHEREAS, the City Council finds that the failure to expend the funds discussed above
` will create a grave public necessity and requires the 1997-98 budget to be amended in the O •
amount of twemy-one thousand five hundred nine dollars (521,509.00); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby adopts the findings listed above.
i
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SECTION 11. That the 1997.98 Recieation Fund Revenue Budget of the City of Denton
is hereby amended in [he amount of twenty-one thousand five hundred nine dollars ($21,509.00) `
to be collected from the monthly fees of registered participants at Calhoun, Strickland, and
McMath Middle Schools to provide a recreational educational prograin at Calhoun, Strickland,
and McMath Middle Schools in cooperation with the Denton Independent School District, and
allocating such funds to the Children's Program Revenue account in the Recreation Fund.
i
SECTION 111. That the 1997-98 Recreation Fund Budget of the City of Denton is hereby
further amended by expending sums from the unappropriated fund balance of the Recreation
fund to the following accounts:
i
/jmounl Account
$9,090 261.031-0062.8015-8026
695 261.031-0062-R015-8061 I
128 261-031-0062-ROI5.8064
200 261-031.0062-R015.8101
150 261-031.0062-R015.8108
2,000 261.031-0062-R015-8112
9,246 261.031-0062.8015-8502
SECTION IV. That the City Secretary is directed to attach a copy of this ordinance to
the original budget and cause this amendment to be published once in the Denton Record.
Chronicle,
SECTION V. That this ordinance shall become effective immediately upon its passage
and approval,
PASSED AND APPROVED this the day of 1998.
JACK MILLER, MAYOR
• ATTEST,
JENNIFER WALTERS, CITY SECRETARY
1
• APPROVED AS TO LEGAL FORM: •
HERBERT L. PRO TY, CITY ATTORN
BY: - -
f llGl col ISIlUEU1Nlr Lfrl.M P~unenn PAinw ~n,na.~m.fEM r:~mlae
Page 4
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Agenda No.-. ~ +
Agenda Item
Date
AGENDA INFORMATION SHEET I
r •
AGENDA DATE: May 19, 1998 +
DEPARTMENT: Economic Development Department
ACM: Kathy DuBose
SUBJECT
Consider an ordinance authorizing the City Manager to execute a license on behalf of the
United States of America to allow the Federal Aviation Administration to use municipal
utility poles to support an serial cable assembly at the Denton 'Municipal Airport; and
providing an effective dale.
BACKGROUND
On April 14, 1978, the FAA and City entered into License No. DOT•FA78SW-1078
granting the FAA the license, right and privilege of using municipal utility poles for a
150-foot span crossing the creek between light stations 16 and 18 of the MALSR for
Runway 17. The license became effective March 1, 1978 and will expire on September
30, 1998. The FAA desires to enter into a 20 year renewal license to continue electric
service to the instrument approach lighting system. The renewal of this license
agreement will continue to benefit the flying public utilizing the instrument landing
system at the Denton Municipal Airport.
F'STIMAT ED SCHEDULE OF PROJECT
The license would become effective October 1, 1998 and continue through the 30`s day of
September 2018 (20 )ears). A year to year renewal option of this license would also be
agreed to at the end of the 20 year license agreement.
PRIOR AC IION/REVIE`A'
The City Attomey's Office has reviewed and approved this license. The Airport
Advisory Board recommends approval of this agreement.
{ HSCAL INFORMATION
Staff estimates that the renewal of this license agreement would have no fiscal impact. %
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EXHIBITS
Ordinance
Renewal License
Current License
Map
Respectfully submitiod:
I~
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Linda Ratliff, Director
Economic Development Department
Prepared by: t
Mark Nelson
Airport Manager
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER rO EXECUTE A LICENSE ON
BEHALF OF THE UNITED STATES OF AMERICA TO ALLOW THE FEDERAL
AVIATION ADMINISTRATION TO USE MUNICIPAL UT!L;TY POLES TO SUPPORT AN
AERIAL LABLE ASSEMBLY AT THE DENION MUNICIPAL AIRPORT; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I, That the City Manager is authorized to execute a License cn behalf of the
j United States of America to allow the Federal Aviation Administration to use municipal utility
poles to support an aerial cable as:.mbly for a 150-foot cable span crossing the creek between
i light stations 16 and 18 of the MALSR for Runway 17 at the Denton Municipal Airport, under
the terms and conditions contained within the License, which is attached hereto and made a part
hereof. ~ .1
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1948.
JACK MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
i '
II .
APPROVED AS TO LEGAL FORM: I
HERBERT L. PROUTY, CITY ATTORNEY
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02/02/06 61014 10:31 FAR all 222 6060 FAA LOGISTICS {
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTNWES'f REGION
POST OTFICE BOX 1689
FORT WORTII, TEXAS 76101
License No. DOT-FA78SW-1078
Use of Municipal Utility Poles
(MALSR-RW17)
Denton, Texas
LICENSE
1. For and in consideration of the benefit to the Denton Municipal
Airport and to the general public utilizing same, the undersigned,
hereinafter referred to as the Licensor, hereby grants to the UNITED
STATES OF AMERICA, the license, riglit, and privilege of using municipal
utility poles to support an aerial cable assembly which will be located
as follows:
150-foot cable span crossing the creek between light stations
16 and 13 of the MALSR for Runway 17, as more particularly
shown circled in red on FAA Drawing SW-D-8983-1 dated 314177,
attached hereto and nude a part hereof.
r 2. This license shall become effective March 1. 19706 and shall remain+
In force until September 30, 1978, and may, at the option of the Govern-
ment, be renewed from year to year. The Government's option shall be
deemed exercised end the license renewed each year for one year unless ;
the Government give) 30 days' notice that it will not exercise its option
before this license or any renewal thereof expirasi PROVIDED, That no
• renewal thereof shall extend the }erlod of occupancy of the premises
beyond the 30th day of SeLtember, 1998. The initial tens of this license f^
shall be as stated in this ertlclet subsequent terns, if the renewal
rights of this said article are exercised are-, October 1, 1978, through
September 30. 19791 October 1, 1979, through Septer4 kr 30 1980; and
thereafter from October 1 through September 30 of succecdIng fiscal years.
!1 3. No Member of or Delegate to Congress or Resident Connissioner shall 0
be admitted to any share or, part of this license or to any benefit to
arise therefrom. Nothing, however, herein contained shall be construed
to extend to any incorporated company, if the license be for the general
benefit of such corporation or company.
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License No. DOT-FA7891-1078 f
use of Municipal Utility Poles ,
(MALSR-RW17) C
Denton, Texas
I
4. The Licensor hereby warrants that it has acquired and possesses an
adequate real estate right in the property described herein, and that
I it is authorized to grant to the United States of America, the rights-
.
set forth herein.
and Interests
the termination
6. It is hereby agreed between the parties that, upon
of its occuppancy, the GovernfoA shall have no obligation to restore
and/or refiabilitate, either wholly or partially, the property which is
the subJect matter of this license. it is further agreed that the
Government may abandon in place any or all of the structures and egUi
rent installed in or located upon said property by the Government during
its tenure. Notice of abandonment will be conveyed to the Licenser in
writing.
6. Covenant Against Contingent Fees, The Licensor warrants that no
person or selling agency has been employed or retained to solicit or
secure this license upon an agreement or understanding for a cvnission,
brokerage, percentage, or contingent fee, excepting bonafide employees
or bonafide established commercial or selling agencies maintained by
the Licensor for the purpose of securing business. For breach rr
violation of this warranty the Government shall have the rihtf
se without t,i annul
this licen i s discretion liability or nit
n
contract price or n io
brokerage, percentage, or contingent fee amount of such com 1ss ,
I
Dated this day of ep 1918.
CITY DEN70 T AS
By. ~ !
_~rry MA,✓AVER {
j Title:
UNITED STATES OF AMERICA! i
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~ iVIRL C~ 4. _ ~ i t , 1
Title: Cantrac ina Off1c_ e___ T
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a8 110 16:22 FAY oil 222 696;
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LicenSe No. DDT-FA7BSW-}D78
Use of Municipal utility Poles
(mALSR RW17 ~
Denton,
TE CERTIFICATE
,certify that I am the
I, '-~a r of the corporation named as licensor in the
Secretary ~
who signed said license
' p
that of said,
attached license;
then e Ll z- on on behalf of the Licensor, was
was M Y signed for and in behalf of said
corporation; that said license
a
corporati nd is within the scope of
on by authoritY of 'ts.governing body
its corporate powers.
1978.
Dated this day of
SEAL
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U.S. Department of Transportation
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, Texas 76193-0054
License No. DTFA07-99-L-01007
Use of Municipal Utility Poles
(MALSR, Runway 17)
Denton, Texas
LICENSE
1. For and in consideration of the benefit to the Denton Municipal Airport and to the general
public utilizing same, the undersigned hereinafter referred to as the Licensor, hereby grants to the
UNI TED STATES OF AMERICA, the license, right, and privilege of using municipal utility
poles to support an aerial cable assembly which is located as follows:
150-foot cable span crossing the creek between light stations 16 and 18 of the
NIALSR for Runway 17, as more particularly shown circled in red on FAA
Drawing SW-D-8983.1, dated March 4, 1977, attached hereto dnd made a
part hereof.
2. 7 his license shall become effcetive October I, 1998, and shall remain in force until
September 30, 2018, and may, at the option of the Government, be renewed from year to year.
The 0overnment's option shall be deemed exercised and the license renewed each year for one
. ycar unless the Govemment gives 30 days' notice that it will not exercise its option before this
Accnse or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the
period of occupancy of the premises beyond the 30th day of September 201 B. i
3. Cancellation: The Government may terminate this license at any time by giving at least
30 days' notice in writing to the I icensor. Said notice shall be sent by certified or registered
mail
4. Officials Not To Benefit: No member of or delegate to Congress, or resident commissioner,
~..3 shall be admitted to any share or part of this license, or to any benefit arising from it, llowever,
1 this clause does not apply to this license to the extent that this license is made with a corporation
for the corporation's general benefit,
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License Ne. DTFA07.99-L•01007
Use of Mru.rcipal Utility Poles
(MALSR, Runway 17)
t Denton, Texas
1
5. The Licensor hereby warrants that it has acquired and possesses an adequate real estate right
in the property described herein, and that it is authorized to grant to the United States of
America, the rights and interests set forth herein.
6. Non-Restoration: It is hereby agreed between the parties, that upon termination of its
occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly
or partially, the property which is the subject matter of this license, It is further agreed the
Government may abandon in place any or all of the structures and equipment installed in or
located upon said property of the Licensor. Notice of abandownent will be conveyed by the
Government to the Licensor in writing.
l 7. Covenant Against Contingent Fees: The Licensor warrants that no person or agency has been
employed or retained to solicit or obtain this license upon an agreement or understanding for a
contingent fee, except a bona tide employee or agency. For breach or violation of this warranty,
the Government shall have the right to annul this license without liability or, in its discretion, to
deduct from the license consideration, or otherwise recover the full amount of the contingent fee.
Dated this day of March 1998.
CITY OF D£NTON, TEXAS
1
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1„ a BV-.
TITLEt City Manager
THE UNITED STATES OF AMERICA
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Nina B. Neligh -
TITLE: ~ontrn ring Officer
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License No. DTFA07.99•L-01007
Use of Municipal Utility Poles
f (MALSR, Runway 17)
Denton, Texas
I
j O MPORATF CERTIFICATE
f
I.-Jennifer Walters ,certify that Iam the City SecrAte' ryt_
of the Corporation named in the foregoing agreement, that Ted Benavides
z
who signed said agreement on behalf of said corporation, was then _ Cf ty Manager
thereof, that said agreement was duly signed for and in behalf of said corporation
by authority of its governing body, and is within the scope of its corporate powers.
1
Dated this day of_ March .19 98 Signed by _
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CORPORATE,SEAL
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Agenda No -
Agenda Item
Date
ORDINANCE NO. 1
` AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
4 LITIGATION STYLE C177 OF DENTON, TEXAS F. Rf.DJ-,N1X, WC, CAUSE NO. 9640732•
! 362, PENDING IN THE 362"D DISTRICT COURT OF DENTON COUNTY FOR THE SUM OF
$100,000 TO BE PAID TO THE CITY; AUTHORIZING THE CITY MANAGER TO ACT ON
THE CITY'S BEHALF IN ACCEPTING THE SETTLEMENT AND EXECUTING A RELEASE
OF CLAIMS, AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the proposed settlement of litigation styled City ojDenton, Texas Y. Red!-
; Afir, Ina, pending in the 362 District Court of Denton County for the sum of $100,000 to be paid
to the City is hereby ratified and approved, and the City Manager is hereby authorized to execute a ;
release of claims, in a form approved by the City Attorney.
SECTION H. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
f APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY)
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Date_ '
AGENDA INFORMATION SHEET
AGENDA DATE: May 19, 1998 Questions concerning this franchise
may be directed to Mike Bucek,
DEPARTMENT: City Manager City Attorney's Office-349-8333
CM: Ted Benavides
SUB] C
Consider adoption of an Ordinance on First Reading whereby the City of Denton, Texas, and
Nortex 'felcom, LLC agree that, for the purpose of operating its Telecommunications Business,
the telephone company shall, construct, erect, build, equip, own, maintain and operate in, along,
under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the
City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures
necessary or convenient for rendition of telecommunications services in said City and for
conducting a general local and long-distance telephone business, prescribing the conditions
governing the use of public rights-of-way for the Telephone Company's telecommunications
business, prescribing the quarterly compensation due the City under this ordinance, providing the
right of the City to use certain facilities of the Telephone Company; specifying governing laws,
providing for assignment; prescribing the term and effective date of said agreement; providing
for notice; providing for binding effect; providing that the ordinance be cumulative; providing
for governmental immunity; providing for consent and acceptance; providing for severability;
providing for choice of law and venue; finding and determining that the meeting at which this
ordinance is passed is open to the public as required by law; providing for future contingencies;
providing for repeal of conflicting ordinances; providing for release of all claims under prior
ordinances; providing for alternate dispute resolution; and providing for method of acceptance
BACKGROUND
On September 19, 1997 Nortex Telcom, LLC advised me that it desired to initiate the process to
obtain City Council approval for a franchise agreement to provide telephone service within the
• City of Denton, In January the City Attorney's Office provided Nortex a copy of Ordinance No. `
96.253 which was approved on Second Reading on November 19, 1996 (the existing franchise
the City has with GTE) and advised Nortex that pursuant to the Public Utility Regulatory Act
(PURA) that in order for the City to grant a franchise to Nortex it would be required to execute a
franchise substantially the same as such Ordinance. This is based on the amendments to PURA
effective September I, 1995 which provide that cities may not discriminate against
0 telecommunications providers. On Starch 31, 1998, the President of Nortex, Alvin M. Fuhrman,
advised the City that Nortex desired to execute a franchise with the City substantially the same as
the City's franchise with GTE. On April 22, 1991 the appropriate franchise was forwarded to
Nortex by the City Attorney's Office with the proviso that the franchise would not be forwarded
to the Council for consideration of the Ordinance on First Reading until the City received a letter
from Nortex agreeing to pay the fees required for publishing the approximate 29-page document
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Agenda Information Sheet
Page 2
(estimated at $1,000) in the Denton Record Chronicle (DRC) as required by the City Charter. By
letter dated May I, 1998, Mr, Fuhrman has agreed to pay such fees.
ESTIMATED SCHEDULE OF PROJECT
Nortex is already installing cable in a common trench with Denton Municipal Electric in the
I Sundown Ranch subdivision. Nortex will not be able to provide service to prospective
customers until after the franchise is effective. Before such ordinance can become effective it
must be passed by a majority vote of the entire city council at two (1) regular meetings of the
council and the ordinance shall not take effect until twenty-one days after its final passage. The
second reading is scheduled for June 2 so Nortex should be able to begin providing services in i
Denton around June 23. I
PRIOR ACTIONIRE VIEW
The GTE franchise that the City is required by PURA to offer to Nortex resulted from
negotiations between GTE and Denton (and 19 of its sister cities) in the settlement of a lawsuit
tiled by GTE on April 25, 1995, styled GTE Southwest IncoMmled vs City pf Denton, et al.,
Cause No. 95-50259.367. The settlement entered into between GTE and Denton on October 22,
1996 provided Denton $1,255,649,76 in delinquent fees and increased the franchise fee of
approximately S125,000 for 1996 to approximately $1,000,000 for 1997,
FISCAL INFORMATION
GTE's 1997 franchise (and the same terms are in Nortex's franchise) required GTE to pay
$17.00 per year for each residential access line and 524.00 per year for each business access line
activated in Denton by GTE. The effect of this new franchise is that if Nortex's customers have
never purchased telephone services from GTE then for each new access line activated the
applicable fee above will be paid to the City. If Nortex recruits customers from GTE on existing
access line then for each access line activated by Nortex there will be a corresponding access line
deactivated by GTE which will result in the change of telecommunications provider by the
,r customer being compensation neutral to the City's general fund
1 • EECOMMENDATIQ~ t
1 Staff recommends adoption of the ordinance.
} Respectfully submitted:
Ted Benavidef
City Manager
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Agenda Information Sheet
Page 3
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Attachment N 1: Nortex letter of September 19, 1997
Attachment N2: Nortex letter of March 31, 1998
Attachment N3 Bucek letter of April 22, 1998
Attachment N4 Nortex letter of May 1, 1998
Attachment #3 Proposed Franchise Ordinance
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Nortex Tefcom, L.L.C.
205 N. W*Inut Street E
P.O. Drawer S87 Muenster, Texas 76252
Phones (940) 759.2251 FAX: (940) 759.5$17
Sent vii Courier
September 19, 1997
Mr, Ted Senavides
City Manager
City of Denson
215 East McKinney
Denton, TX 76201
Dear Mr, Benavides
With this lttier, Nortex Telcom, L,L.C. would tike to inldate she process to obtain City Council
approval for a franchise agreement that would allow it to provide telephone and cable television
the Cth' of Dent~. Texas.
service wlt?iln
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Please advise if you requite any preliminary material or IMdortal Informadon by contrectI08
Ray Stroup at (972) 484.2323 or myself.
Sincerely,
Nortex Telcom L L.C.
Alvin M. Ftdaman
President
1 • cc: pay Stroup
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Nortex Telcom, L.L.C.
205 N, Walnut Street
P.O. Drawer 587 Muenster, Texas 76252
Phone: (940) 759-2251 FAX-(940)759-5557
i
March 31, 1998
Air, Mike Bucek
First Assistant City Attorney
City of Wnton,'rexas
215 Ernst McKinney
Denton, i'exas 76201
Re: Nci Telcom, L.L.C. Franchised for Telecommunications and Cable TV
i
Dear Air, Bucek:
We have reviewed Ordinance No. 96.253, City of Denton franchise with GTE, and desire
to execute substantially the same agreement with the city.
We are in the process of completing our review of the Model Cable Television Franchise
agreement, and hope to have our comments to you shortly. Our initial review suggest a need to
define the Authorized Service Area (Section 4.6) to conform with our construction and build-out
plan 'lb require immediate service throughout the Denton Municipality would create a financial
burden too great for Nortex to undertake at this time.
11I I1. n ay be kmficial to meet with you, or your represenlative, and discuss the
options available w NLr X, and address those areas that the City considers non-negotiable,
For your information attached is a copy of the public Utility Commisslon of Texas order t Y
granting Nci a Certificate of Operating Authority (C(jA),
. Please advise if additional information is needed by your office to initiate the process to
obtain a telephone franchise:
Sinccrelyr
F1
Ahin M. Fuhrman
President
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Cyry of Denton
City Attorney's Office
213 E McKinney Street
Denton, Texas 76201
(940) 349-8333
Fax (940) 382.7923
CITY OF DENTON, TEXAS
April 22, 1999
VIA PRIORITY MAIL
Mr. Ray Stroup
Cathy Hutton & Associates
2711 LB) Freeway
Dallas, Texas 75234
Re Nortex Telcom, L L C. Franchises for Telecommunications and Cable TV
Dear Mr. Stroup,
Per our conversation earlier today, enclosed is the pruposed franchise between Nortex and
Denton to use city rigbis-of-way for telecommunications purposes as defined in such franchise.
Pursuant to our earlier conversations and correspondence in January and the recent
correspondence of Mu Fuh. man to my attention dated March 3l, this franchise is identical to the
franchise Denton has with GTE and the only change to the text of the enclosed franchise is that
the name of Nortex Telcom, L L.C. has been substituted for GTE. The City will be prepared to
place this item on a City Council agenda for the two readings required by law upon receipt of a
letter from Mr Fuhrman that the enclosed franchise is agreeable to Nortex and that Nortex
agtees that it will pay the fees charged by the Denton-Record Chronicle to publish the
approximate 29-page right•cf-way use agreement as required by City Charter. You may went to
call the Denton Record-Chronicle to get a price quote on the publication. My recollection is that
the cost of publication to GTE was around 51,000
• Regarding, Nottcx's possible Cable TV franchise, the City Attorney has revi;wed Mr.
Fuhrmans letter and is agreeable to meeting with Noriex's staff to consider possible
amendments to the Model Cable Television Frarchise we forwarded to you in January Mr
Prouty requests that Nortex provide the changes to the Model Franchise it proposes at least 10
days before the meeting scheduled with Nortex to discuss the substance of Nonex's
dissatisfaction with the Model Franchise Please call me at 940.349-8333 to arrange a time rot
• Mr Prouty and applicable City Staff to meet with Nortex regarding the Cable TV franchise
O •
' Sincerely your$,
/Mike Bucek
First Assistant City Attorney
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Mr. Ray Stroup
April 22, 1998
Page 2
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cc: Alvin M. Fuhrman, President, Nortex Telcom, P.O. Drawer $87, Muenster, Texas 76152
Ted Benavides, City Manager
Herb Prouty, City Attorney
Kathy DuBose, Assistant City Manager-Finance
Sharon Mays, Director Electric Utility
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Nortex Telcom, L.L.C. {
205 N. Walnut Street t
P.O. Drawer 587 Muenster, Texas 76152
Phone: (940) 759-2251 FAX: (940) 759.5557 i {
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May 1, 1998
Mr, Mike Bucck
First Assistant City Attorney
City of Denton
2! S E, McKinney Street
Denton, Texas 76201
Dear Mr. Bucek,
We have reviewed !nd find acceptable the telephone franchise agreement provided with
your letter dated April 22, 1998. Norlex agrees it will pay the fees charged by the Denton.
Record Chronicle to publish the approximate 29 page right-of-use agreement as required by
Denton City Charter. We request that the agreement between the City of Denton and Nortex be
placed on a City Council agenda for the two required readings.
please call if you need additional information or have any questions.
Sincctely,
Q
Alvin M. Fuhrman
President
cc: flay Stroup - Cathey, Hutton do Associates
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ORDINANCE NO.
AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND NORTEX ,
TELCOM, L.L.C. AGREE THAT, FOR THE PURPOSE OF OPERATING ITS
TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL,
CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG,
UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES,
VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES
NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS
SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-
DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING
THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE, PROVIDING THE RIGHT
OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY;
SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING
TI IE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE;
PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE
CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ,
CHOICE OF LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; PROVIDING IOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES, PROVIDING FOR RELEASE OF ALL CLAIMS UNDER O
PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND
PROVIDING FOR METHOD OF ACCEPTANCE
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WHEREAS, it is to the mutual advantage of both the City of Denton ("City") and Nortex
Telcom, L L C, ("Telephont Company") that an agreement should be entered into between the
Telephone Company and the City establishing the consideration for and conditions under which
the Telephone Company shall construct, maintain and operate its physical plant in the public
rights-of-way within the City'a corporate limits in the future
NOW, THEREFORE, BE IT ORDAINED BY THE Cll'r' COUNCIL OF THE CITY OF
DENTON, TEXAS, THATt
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SECTION 1. DEFINITIONS
Whenever used in this Ordinance, the following words and terms shall have the deftnitio'is and
meanings provided in this section
(a) ACCESS LINES. For purposes of this Ordinance, an Access Line shall be defined as
any local line provided by Telephone Company to a customer in the City, which provides
access to the public switched network, including all single line residence, party line residence,
single line business, multi-line business, Centrex, Centranet, key lines, ISDN lines, COCT lines,
semi-public pay telephone lines and PABX trunks or equivalent which are assigned to locations r
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inside the corporate limits of the City.
1 (b) LM: The City of Denton, l'exas
(c) FACILITIES: All Telephone Company duct spaces, manholes, poles, conduits, f
Sri'
underground and overhead passageways, and other equipment, uructures and appurtenances and
all associated Transmission Media, which are located in the City Rights-of•Way. I
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(d) RIGHTS•OMAY: All present and future Fublic streets, avenues, highways, alleys,
bridges, viaducts, public thoroughfares, public utility easements, public ways, public grounds, ;
and without limitation by the foregoing enumeration, other public property within the city limits
of the City. As used herein, the term "Rights-of-Way" does not include facilities dedicated to
I
the provision of electrical power to citizens of the City to the extent the City may own the power
utility providing electrical power in the City.
(e) TELECOMMUNICATIONS OR TELECOMMUNICATIONS SERVICES: All
sef vices of any nature, offered for sale by the Telephone Company to subscribers in the City,
which services are delivered to such subscribers by transmission, between or among points not
specified by the Telephone Company, of informOon, voice or otherwise, not chosen, created,
or offered for distribution by the Telephone Company, transmitted without change in form or
content of the information as sent and received, which transmission is offered for sale by the
Telephone Company in the City, which services are provided in whole or part in the City to
any customers of any type whatsoever. "Telecommunications" and "Telecommunications
i
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Services" do not include such services as cable services, as defined in the Cable Communications
,
Policy Act of 1984 (47 U,S,C A § 321, el .seq., amended) or as recognized by the Federal
Communications Commission or any other service wherein content is selected for distribution by
• the Telephone Company.
l
4 (1) 11LEPIIONE COM ANYi Norte% Telcom, L LC, (g) I,ANSMISSION MEDIA: All Telephone Company cables, fibers, wires or other ,
physical devices used to iransmit and/or receive communication signals, whether analog, digital
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or of other characteristics, and whether for voice, video, or data or other purposes, which are
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physically located in the City Rights-of-Way.
i
SECTION Z CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE
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(a) Pursuant to the laws of the state of Texas and this Ordinance, the Telephone Company i
has the nun-exclusive right and privilege to use and occupy the public rights-of-way in the City
for the purpose of maintaining and operating its Transmission Media used in the provision of
Telecommunications Services and the operation of a telecommunications system, subject to the I
terms, conditions, and stipulations set forth in this Ordinance, the Constitutions and laws of the
United States and the State of Texas and the City's Charter and Ordinances to the extent such
Ordinances are not in conflict herewith. The Telephone Company is not authorized to provide
cable television service as a cable operator, as that term is defined in the Cable Communications
Policy Act of 1984, in the City withcut obtaining a separate franchise from the City. The
Telephone Company's Facilities and Transmission Media used in or incident to the provision of
Telecommunications Services and to the maintenance of a telecommunications business by the
Telephone Company in the City shall remain as now constructed, subject to such changes as
j " under the conditions prescribed in this Ordinance may be considered necessary to the public
health and safety by the City in the exercise or its lawful police powers and such changes and
s
extensions as may be considered necessary by the Telephone Company in the pursuit or its
't
telecommunications business. The Telephone Company shall at all times during the term of
this Ordinance be subject to all lawful exercise of the police power by the City and to such .
reasonable and lawful regulation as the City shall hereafter by charter, resolution or ordinance
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provide. The terms of this Ordinance shall apply throughout the City and shall apply to all the
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Telephone Company's Fav`'lities used, in whole or part, in the provision of Telecommunications f
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Services, and shall include the provision of Telecommunications Services in any newly annexed ;
areas of the City upon the effective date of such annexation or the date the City provides the
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Telephone Company notice of such annexation, whichever rkcurs later. The Telephone
Company shall maintain its Facilities in a reasonable operating condition at all normal times
during the term or any extension of this Ordinance An exception to this condition is
automatically in effect when service fumished by the 'Telephone Company is interrupted,
impaired or prevented by fires, strikes, riots, or other occurrences beyond the control of the
Telephone Company, or by storms, floods, or other casualties, in any of which events the
Telephone Company shall do all things reasonably within its power to do to restore normal
service as soon as practicable
(b) Facilities installed or relocated by the Telephone Company in the Rights-of-Way during
the term of this Ordinance shall be located underground where technologically and economically
feasible If technologically unfeasible, or if placement of facilities underground presents an
undue economic burden on Telephone Company, upon proof thereof being presented to the City,
Telephone Company and City will jointly agree to alternative installation of relocation options.
I 5KT1QN 3 SUPERVISION HY CITY OF LOCATION OF POLES AND
CONDUITS
,
r (a) The Telephone Company shall lay, maintain, construct, operate, and replace its poles,
i wires, anchors, cables, manholes, conduits, and appurtenances used, in whole or part, to provide i •
Telecommunications Services so as to interfere as little as possible with traffic and shall
a'
promptly clean up and restore, at its sole cost all thoroughfares and other surfaces which it may
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disturb to as good a condition as before such disturbance The location of all Telephone
Company facilities shall be fixed under the supervision of the City's governing body or an
authorized committee or agent appointed by said governing body. All poles to be placed shall be
of sound material and reasonably straight, and all poles, stubs, guys, anchors, and other above '
ground facilities shall be so set that they will not interfere with the flow of water in or to any
gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel
on the streets, alleys, highways, public thoroughfares, public utility easements, public ways or
sidewalks and so that they will not compromise public safety. The City shall have the right to
require the Telephone Company, at its own expense, to install or relocate above-ground
Facilities as Car from vehicular travel lanes as reasonably possible for traffic safety purposes,
Except as provided in Section 2 (b), the City shall also have the right to require the Telephone
Company, at its own expense, to install underground all new Facilities except those to which
above-ground access Is necessary for normal maintenance and connections, without claim for
reimbursement or damages against the City The location and route of all poles, stubs, guys,
anchors, conduits, cables and any other Facilities to be placed and constructed by the Telephone
Company in the City Rights-of-Way, and the location of all conduits to be laid by the
Telephone Company within the City's Rights-of-Way under this Ordinance, shall be subject to
' the reasonable and proper regulation, control and direction of the city's goveming body or of
any City, Committee, department or oMclal to whom such duties have been or may be
delegated,
I (b) The City shall have the right to change the grade, install, relocate, or widen the public
~-1 I
streets, sidewalks, bikeways, alleys, public thoroughfares, highways, landscaping, and public
way and places within the present limits of the City and within said limits as same may from
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time to time be extended, and in such events the'I elephone Company shall relocate, at its own
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expense, its Facilities and Transmission i\ledi, in order to accommodate the installation, `
relocation, widening, or changing of the grade of any such public street, sidewalk, bikeway,
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alley, public thoroughfare, highway or public ways, including it necessary relocating such
Facilities and Transmission Sledia a sufficient distance front the edge of the pavement to permit
a reasonable work area for machinery and individuals engaged in installing, relocating,
widening, or changing the grade of any public street, sider,vaik, bikeway, alley, public
,
thoroughfare, highway or public way.
(c) The City shall have right to lay, and permit to be laid, sewer, gas, water, electric, and
other pipelines or cables or conduits, and to do and permit to be done any underground and
overhead installation or improvement that may be deemed necessary or proper by the governing
body of the City in, across, along, over or under any City Rights-of-Way occupied by the
Telephone Company, and to change any curb or sidewalk or the grade of any street In
permitting such work to be done, the City shall not be liable to the Telephone Company for any
damage so caused, nor shall the City be liable to the Telephone Company for any damages
arising out of the Ierformance by the City or its contractors or subcontractors not willfully and !
unnecessarily occasioned, provided, however, nothing herein shall relieve any other person or
• corporation from liability for damages to facilities of the Telephone Company, including the
City's contractors and subcontractors The City shall also have the right to require the
't'elephone Company to relocate, at the sole expense orthe Telephone Company, any Facilities ;
erected or maintained in City Righis•of-Way, if said relocation is deemed necessary by the
governing body or its designated representative for tragic safety purposes, including traffic
signals %Vhenever by reason of changes in the grad of a thoroughfare or in the location or
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manner of constructing a water pipe, gas pipe, sewer, or other aboveground or underground
structure, it is deemed necessary by the City to remove, altef, change, adapt, or conform the
underground or aboveground Facilities of the Telephone Company, the Telephone Company
shall make the alterations as soon as practicable when ordered in writing by the City without
claim for reimbursement or damages against the City
(e) Whenever it becomes necessary to require Telephone Company to relocate or remove
Facilities, for the completion of public works projects or for reasons of public safety, the City
will inform the Telephone Company in writing of the aforementioned requirement. Except in
cases of an emergency, the City will provide et least ten (10) days' written notice to
Telephone Company of the requirement to relocate or remove said Facilities, Whenever it shall
be necessary to require Telephone Company to alter, change, adapt, or conform its Facilities
within the Rights-of-Way, such alterations or changes shall be made promptly, with
consideration given to the magnitude of such alterations or changes, wi'ho.t claim for
reimbursement or damages against the City. If any such requirements impose a financial
hardship upon the Telephone Company, the Telephone Company shall have the tight to
present alternative proposals to the City, and the City shall give due consideration to any such
' alternative proposals If the City requires the Telephone Company to adapt or oonform its
{
Facilities to enable any other entity or person, except the City (as described in Section 3(c)
i
above), to use, or to use with greater convenience, Rights-of-Way or public property,
Telephone Company shall not be required to make any such changes until such other entity or I
0 person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse 0 •
the Telephone Company for any !o s and expense caused by or arising out of such change,
provided, however, that in nu event shall the City be liable for such reimbursement
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(f) Nothing in this Ordinance is intended to add to or detract from any authority granted by
federal or state law to the City or the Telephone Company
3. ATTACHMENTS TO POLES AND SPACE IN DUCTS
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(a) As partial compensation for the use of the City's Rights-of-Way, the
Telephone Company shall permit the City to use, without charge, solely for its own, non-
commercial purposes, available duct space within one duct in all of the Telephone Company's
existing ducted Facilities within the City limits, upon written request by the City, if such duct
space is available when requested, Alternatively, Telephone Company shall provide City with
space on existing telephone poles for the City's use, without charge, solely for its own, non-
commercial purposes, if such pole space is available when requested. The City shall not use any
facilities which are provided for the City's use by the Telephone Company for power
transmission purposes, nor use any circuits in such conduits or upon such poles to carry voltage
in excess of one hundred thirty (130) volts for signal purposes, nor otherwise use any such
circuits so as to unreasonably interfere with Telephone Company's Telecommunications
Services or Telephone Company Facilities.
(b) The City shall not sell, lease or otherwise make available its rights to use
Telephone Company's Facilities to any third party, Such rights are provided solely for
the non-commercial exclusive use by the City, However, this restriction shall not
S ' prevent the City from using the services of a third party commercial entity to manage or
operate the City's facilities on behalf of the City so long as no resale or other commercial 0 •
V use of such facilities shall occur and so long as the third party employed by the City is
bound by the provisions of this Ordinance
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(c) Should the City desire to purchase or otherwise acquire additional Facilities from the
Telephone Company for its non-commercial use, then a further separate, non-contingent
agreement shall be a prerequisite to such purchase or acquisition. Telephone Company and
City agree to act in good faith in the negotiation of such agreement(s) with City
(d) The City may, at any time, sulmit written requests to the Telephone Company for use
of its Facilities. The Telephone Company agrees to respond in writing to the City's requests
within thirty (30) calendar days after receiving the request The City Council shall designate one
City contact person for requests for Facility usage.
(e) The City recognizes that the Telephone Company cannot reserve Facilities for the
City's use at some indefinite time in the future. Accordingly, the City will request the use of
Telephone Company's Facilities only after the City has an approved and funded construction
plan. Project construction by the City must commence within six (6) months of the
Telephone Company notifying the City that Facilities are available. Unless delay is occasioned
through no fault of the City, any equipment or facilities of the City placed by the City on or in
Telephone Company's Facilities must be fully operational within eighteen (18) months from the
date project construction commences li cuch a delay occurs, City shalt take all reasonable
measures to make its equipment or facilities placed cu or in Telephone Company's Facilities
fully operational as soon as practicable with consideration given to the circumstances which
caused the delay `
t'
` (g) With regard to the City's equipment or facilities placed in, or on, Telephone Company's
Facilities, the Telephone Company shall be relieved of its obligation to reserve space in or on
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its Facilities for the specific Facility if construction i not started within six (6) months of the +
Telephone Company notifying the City that facilities are mailable or if such City equipment
i
and facilities are not fully operational within the time Limits specified in Section 4 (e), unless an
extension of time is mutually agreed upon, in writing, by both parties. Upon the City's
equipment or facilities being placed in, or on, Telephone Company's Facilities, the
Telephone Company may not charge the City an additional fee for the use of the
t
Telephone Company's Facilities. The City's use of Telephone Company Facilities will extend
beyond the term of this Ordinance free of charge to the City so long as said Facilities remain in-
place, but upon the expiration of this Ordinance Telephone Company shall be under no
obligation to continue to provide, maintain or operate such Facilities for the benefit of the City.
The Telephone Company will not be liable for the installation or maintenance of any City
facilities under this Ordinance or for any damage not caused solely by the negligence of the
Telephone Company.
(g) The City shall clearly mark all of its facilities that are placed in, or on,
Trlephone Company Facilities. In order to protect the telephone service to the citizens of the
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city, the City agrees that all construction by the City in, or on, Telephone Company Facilities
will be in accordance with Telephone Company standards and procedures and any applicable
City Codes or Ordinances The Telephone Company shall have the right to make on-site F
inspections during construction by the City In the event the City, in making its facilities
> operational, encounters any situation that might impact Telephone Company's communication
service to the citizens of the City, the City shall stop construction and notify the •
Telephone Company immediately t5
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(h) Except as otherwise provided in Section 4(e) above, the Telephone Company may deny
the City's request for use of Telephone Company Facilities only if the Telephone Company
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has plans to use the requested Facilities by installing telecommunications equipment no later
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than tuo (2) years from the date of the City's request In the event that the I
Telephone Company denies the City's request, the Telephone Company must show the City 1
its current engineering plans that demonstrate that the "telephone company will use the
requested Facilities for Telecommunications Services within two (2) years.
(i) The Telephone Company is not authorized to license or lease to any person or entity the
right to occupy or use the City's Rights-of-way for the conduct of any private business except to
the extent required by law. The Telephone Company will, from time to time, upon written
request from the City provide to the City the names of resellers of telecommunication services
using, or requesting to use, Telephone Company Facilities, Tne Telephone Company may be
required to attach its Transmission Media to facilities owned and maintained by any person or
entity authorized by the City or to permit the transmission media of any person or entity
authorized by the City to be attached to the Facilities owned and maintained by the
Telephone Company upon reasonable, non-discriminatory terms in a separate, non-contingent i
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' agreement which shall include reasonable compensation The Telephone Company may require
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any such person or entity to furnish evidence of adequate insurance covering the
Telephone Company and adequate bonds covering the performance of the person or entity
attaching to the Telephone Company's Facilities as a condition precedent to granting ;
~•'s permission to auy such person or entity to attach transmission media to Telephone Company's • •
Facilities, provided Telephone Company's requirements for such insurance shall be reasonable
and at least in an amount to meet minimum City requirements, as determined by the City
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Q) Nothing contained in this Ordinance shall obligate or restrict the Telephone Company in
exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or
other wire space or facilities agreements with light andlor power companies or with other
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companies utilizing wire transmission of services which are authorized to operate within the
City. Further, nothing contained in this Ordinance shall pre-empt any pole attachment
agreement between the City and Telephone Company wherein Telephone Company or City
agrees to pay the other a fee to place its facilities on a utility pole owned by the other
SECTION RIGHTS-OF-WAY TO BE RESTORED TO GOOD CONDITION
(a) The Telephone Company shall restore the surface of any and all Rights-of-Way within
the City disturbed by the Telephone Company in building, constructing, renewing, or
maintaining its Facilities or Transmission Media within a reasonable time after completion of the
work to at least as good a condition as before commencement of the work and in compliance
with the applicable provisions of the Code of Ordinances of the City and shall further maintain
the work to the satisfaction of the City's governing body, or of any City official to whom such
duties have been or may be delegated, for a period of one (i) year following completion of the
` restoration, after which time responsibility for the maintenance shall revert to the City. During
that one (1) year period, the Telephone Company shall be responsible for all maintenance costs
incurred as a result of any defects, impairments or substandard condition in the Rights-of-Way t
caused by the construction, maintenance or restoration work of the Telephone Company, The
'j Telephone Company shall comply with all reasonable rules and regulations of the City relative
r to street excavations, and permits therefor, provided that Telephone Company shall not be
required to pay any fees required by such rules, regulations and permits No such Rights-of-Way
shall be encumbered for a longer period than shall be necessary to execute the work.
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(b) The Telephone Company shall submit, in a fomiat prescribed by City and reasonably
relat:d to the purpose here stated, information describing the general nature, location, and
estimated duration of any activity which will result in the disturbance of any Rights-of-Way
The Telephone Company shall not be required to divulge proprietary information in such
submission Proprietary information may include, but is not limited to, type and size of Facility
and sub-routes onto private property. This information shall be submitted prior to the activity
except in the case of emergencies, in which case the information shall be submitted as soon as
practical. This information requirement shall not apply to the Telephone Company's
installation of service wires serving a single residence or business, When the Telephone l
Company shall make or cause to be made excavations, or shall place obstructions in any street,
alley, highway, public thoroughfare, public utility easement or public way, the Telephone
Company shall protect the public by barriers and lights placed, erected and maintained by the
Telephone Company.
5ECJION 6. TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove or raise or lower its wires
within the City temporarily to permit the moving of horses or other Milky structures. The t .
expense of such temporary removal, raising or lowering of wires shall be paid by the benefited
party or parties, and the Telephone Company may require such payment in advance The
Telephone Company shall be given not less than forty-eight (48) hours' advance notice to
arrange for such temporary wire changes The clearance of wires above ground shall conform to ti
i the basic standards of the National Electrical Safety Code, National Bureau of Standards, United ;
States Department of Commerce, as promulgated at the time of erection thereof
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SECTION 7. TREE TRIMMING
In the pursuit of maintaining its telecommunications system, the Telephone Company, its
contractors, agents, successors and assigns shall have the right to trim trees upon and
overhanging the Rights-of-Way within the City, so as to prevent the branches of such trees from
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coming in contact with the wires, cables, or other Facilities of the Telephone Company,
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SECTION 8. COMPENSATION TO TP V CITY
(a) As compensation for the Telephone Company's use and occupancy of the City's Rights-
of-Way and for the City's oversight, regulation and supervision of such use and occupancy, in
I consideration for all other agreements and promises made herein by the City and in lieu of and in
full compensation for any lawful tax, license, charge, right-of-way permit fee or inspection fee,
whether charged to the Telephone Company or its contractor(s), or any right-of-way easement
or street or alley rental or corporate franchise tax or other character of charge for the use and
occupancy of the Right-of-way within the City, except the usual general ad valorem taxes and
special assessments in accordance with State law, and sales taxes now or hereafter levied by the
City and in accordance with State law, the City hereby imposes upon the Telephone Company
and the Telephone Company agrees to pay a fee upon each Access Line ('Access Line Fee") ,
fs
M ` which shall be assessed monthly upon all Access Lines in the City and which shall be paid
quarterly as described in Section g (b) herein. The Access Line Fee shall be $I A2 per month
(for a total of S17 W for such twelve-month period) for each residential Access Line, and $2.00
per month (for a total of SL _OQ for such twelve-month period) for each business Access Line,
• The Access Line Fee will be prorated based upon the number of days during the billing month • •
the customer has service.
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(b) The amount paid to the City will equal the aggregate amount of Access Line Fees
assessed to the Telephone Company according to the inethod described above through the end
of each calendar quarter. The payment due dates shall be Febnuary 28, May 31, August 31, and
November 30 of each Contract Year this Ordinance remains in effect The first payment under
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this Ordinance shall b-dueon !I
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(c) If the Ordinance is mutually extended in writing for an additional five years, the Access
Line fee will be increased by three (3) percent per year above the prior year's Access Line fee on
each anniversary of the effective date. Except as otherwise provided herein, the City waives any
right to audit or otherwise review any Telephone Company records.
(d) The Telephone Company and the City agree that the accuracy of the Access Line count
is important to both parties. To satisfy any audit responsibilities the City may have, the
Telephone Company agrees to provide the City a reconciliation report of Access Lines and a
Customer Service Address List, which report and list shall be in a format and in sufficient detail
to enable the City to verify the accuracy of the calculation of the Access Line count and type of
local access service (e g, single party residence line, ISBN line or PABX trunk) provided to I
custo:ners located in the City. The parties agree to limit Telephone Company's responsibility
to produce such reports to two occasions during the term of this Ordinance One such occasion
shall occur during the third year of the Ordinance City reserves the right to determine the other
occasion for which such information shall be made available by Telephone Company for
inspection City agrees to provide reasonable notice beforehand of each such request for 0
inspection The parties contemplate that reports produced by Telephone Company will be as of
September 30th of the )ear in which inspection is tequcsled The Telephone Company will
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provide a report containing a summary of residence and business Access Lines within the City
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and the gross amount of Access Line Fees billed customers crith each quarterly remittance. The
report shall include the number of Access Lines as of the end of each month in the calendar
quarter being reported, as such data is maintained in Telephone Company's REVUNIT database,
or any successor database. The Customer Service Address List shall not include any customer
names or telephone numbers. If the City becomes aware of information that affects the accuracy
of such List, City shall promptly inform the Telephone Company, and Telephone Company
shall review such information and, on verification, correct the Customer Service Address List,
and Access Line count. City accepts and agrees that the Customer Service Address Ust and
y.
Access Line count are proprietary and the exclusive property of the Telephone Company, and
agrees to return both the Customer Service Address List and Access Line count report, and any
data copied or taken therefrom in any form, to the Telephone Company within sixty days of its
receipt of such List or report, unless such time is extended by the written agreement of the
parties, As the Customer Service Address List is the exclusive property of the Telephone
Company, the City agrees not to release any information contained in that List to anyone unless
ordered to do so by a court of competent jurisdiction
I. a
r ' (e) The compensation provided for herein constitutes reasonable compensation for the
consideration granted to the Telephone Company herein
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(f) Payment of the "Annual Fee" shall not relieve the Telephone Company from paying all
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_ applicable municipally owned utility senice charges, ad valorem and sales taxes adopted by the r
City, i
(g) In the event that either (1) territory within the boundaries of the City shall be disannexed
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and a new incorporated municipality created which includes such territory or (2) territory shall
be consolidated or annexed into the City, then notwithstanding any other provision of this
Ordinance, the Annual Fee shall be adjusted, effective on the effective date of the annexation.
To accomplish this adjustment, within sixty (60) days following the action effecting a
disannexatiorVannexation as described above, the City shall provide the Telephone Company
4 with maps of the affected area (s) showing the new boundaries of the City. If the City fails to
timely provide the maps of the affected areas, then the fees from such additional Access Lines
will not become payable to City until sixty (60) days after receipt by Telephone Company of
{ such maps from the City.
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(h) In the event of an annexation or disannexation as described above, the Annual Fee paid to
the City will be adjusted based on the City's gain or loss of Access Linea using the same 1
methodology prescribed in Section &(a) above. The effective date of the adjustment shall be the
same as the effective date of the annexation/disannexation action by the City, provided that the
City has supplied the appropriate annexationldisannexation maps to the Telephone Company in
m an
Phone Co
Y
accordance with the provisions herein The City agrees to reimburse the Telephone Company
for any portion of any Annual Fee that may have been paid to the City after the effective date of
M a disannexation but prior to the receipt by Telephone Company from City of notice of such r"
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disannexation. I
W In the event a regulatory agency of the State, or court of competent jurisdiction finds that
the Access tine fee compensation methodology contained in Section g(a) of this Ordinance is
invalid or unenforceable, then for the remainder of the term of this Ordinance or until such time 1
as the parties agree to another compensation methodology, whichever occurs first, Telephone
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Company agrees to pay annual compensation under !lis Ordinance to City in an amount equal
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to the total of the previous four quarterly payments, such compensation to be paid in quarterly d
installments and if necessary prorated from the date of such Order of the regulatory agency or
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SECTION 9. SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be I vr.
binding upon the parties hereto and upon their respective legal and born fide representatives,;.
successors and assigns. >
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SECTION 10. PERIOD OF AGREEMENT
This agreement shall be in full force and effect for the period beginning with the effective date
hereof and ending rive (5) years after such date Tleis Ordinance may be extended for an ?
additional five (5) ye•ds if mutually agreed to in writing by both parties and such extension is
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approved by the City in accordance with the City's Chaster. e
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SECTION i 1. FJTTURE CONTINGENCIES
Notwithstanding anything contained in this Ordinance to the contrary, in the event that this
Ordinance or any section, sentence, clause, phrase, or part thereof, providing any compensation
due the City under this Ordinance, becomes, is held to be, or is declared or determined by
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judicial, administrative or legislative authority exercising its jurisdiction to be excessive,
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unrecoverable, unenforceable, void, unconstitutional, unlawful, invalid or otherwise inapplicable,
in whole or in part, the Telephone Company and the City shall meet and negotiate in good faith t t
to obtain a new ordinance that is in compliance with the authority's decision or enactment and in
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which the Telephone Company shall pay to City a reasonable but constitutional and valid
compensation 4
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SECTION 12. GOVERNING LAW AND VENUE. j
(a) This Ordinance shall be construed in accordance %vith ~)e law of the State of Texas and
the City Charter and City Ordinances in effect on the dale of passage of this Ordinance to the
extent that such Charter and Ordinances are not in conflict with or in violation of the
Constitution and laws of the United States or ofthe State of Texas
(b) Venue for any dispute arisir order this Agreement shall be in Denton County, Texas.
(c) This Ordinance shall be construed and deemed to have been negotiated at arms length
and drafted by the combined efforts of the City and the Telephone Company.
SECTION 13. DISPUTE RESOLUTION
(a) Notwithstanding any other provision of this Ordinance, the Parties hereto agree that any
claim, cause of action or other dispute based upon or arising out of this Ordinance (a "dispute")
shall be cc iducted, decided, determined and/or resolved pursuant to and in accordance with the
provisions of this Section The panics desire to resolve disputes arising out of this Ordinance
without litigation. Accordirkly, in the event of any dispute hereunder, the Parties hereto agree to
attempt in good faith to resolve their dispute between themselves, Within ten (10) days after
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rectipt of the written request of a party, each party will appoint a knowledgeable, responsible
lylx rePresentafNe or representatives to meet and negotiate in good faith to resolve any dispute
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arising under this Ordinance. The parties' representatives will meet within ten (10) days after the
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appointment of such representatives and negotiate in good faith to resolve any such dispute
(b) Except for action seeking a temporary restraining order or injunction related to the
purposes of this Ordinance, or suit to compel compliance with this dispute resolution process, the
parties agree to use the following alternative dispute resolution procedure, and also agree not to
sue any party to this Ordinance with respect to controversy or claim arising out of or relating to
this Ordinance or its breach prior to exhausting the procedures set out in this section
(c) If the parties are unable to settle their dispute at the meeting of representatives provided
for in subsection (a), either party may, on written notice to the other party, initiate nonbinding
mediation of the dispute before a single mediator affiliated with Judicial Arbitration and
Mediation Services, Inc ()AMS) or another mediation service mutually agreeable to the parties,
Mediation is a forum in which an impartial person, the medator, facilitate communication
between the Parties to promote reconciliation, settlement, or understanding among them. A +
mediator may not impose his own judgment on the issues for that of the parties. Unless
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expressly authorized by the parties, the mediator may not disclose to either party information r
given in confidence by the other and shall at all times maintain confidentiality with respect to ,
communications relating to the subject matter of the dispute Unless the parties agree otherwise, i ,
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all matters, including the o nduct and demeanor of the parties and their counsel during
mediation, are confidential and shall be inadmissible as settlement discussion pursuant to
Rule 408 of the Federal Rules of Evidence or the applicable state rules The mediator shall be ID
qsT selected by agreement of tht ?arties within thirty (30) days after either party first requests t 'a
mediation of the other If a single mediator cannot be agreed upon, then each party shall select
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its own mediator from those on the JAMS approved list, those two mediators will then select a
third independent mediator who will conduct the mediation cession (s). The mediators fees will
be borne equally by both parties. In the event mediation is requested, any applicable statutes of
limitations shall be automatically tolled until the mediator declares an impasse, If either party
desires to request the production orinformation rot its use in the mediation, it shall deliver such
request to the other party within five (5) days of the selection of the mediator. Any objection to
such production shall be delivered to the mediator and the requesting party within five days of
receipt of the request, and the mediator shall issue an opinion within five (5) days of such
objection, as to whether the information is relevant to the issues presented for mediation and
should be produced. If either party refuses to proceed with the mediation in accordance with the
ruling of the mediator, the mediation shall be deemed to be at impasse, and the panics may then
resort to any other available recourse. In the event mediation occurs but fails to resolve the
dispute, the parties may then resort to means outside the scope of this Section including filing
suit
(d) Neither the City nor the Telephone Company by accepting this Ordinance waives its
right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the
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terms of this Ordinance by the other party, including seeking injunctive relief in a court of
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competent jurisdiction. Such right to seek injunctive relief is expressly reserved and all terms
it and provisions hereof shall be enforceable through injunctive relief 1 .f
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$KTLQ) 14 GOVERNMENTAL IMMUNITY M.
All of the regulations provided in this Ordinance are hereby declared to be for a public purpose Q
and the health, safety, and welfare of the general public. Any member of the governing body or:'' 1
City official of employee charged with the enforcement of this Ordinance, acting for the City in E
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the discharge of his duties, shall not thereby render himself ptisonally liable; and he is hereby
relieved from all personal liability for any damage that might accrue to persons or property as a
result of any act required or permitted in the discharge of his said duties,
SECTION 15, GRANTING POWER C ,
(a) The City continues to take the position that the City ha, the power to grant or deny
consent to the Telephone Company's occupancy and use of the Rights-Of-Way within the City
The Telephone Company continues to take the position that Federal law and Texas law do not
permit the City to deny consent to the Telephone Company to occupy and use such
Rights-Of-Way. Both the City and the Telephone Company agree that their actions in entering
this agreement by ordinance shall not in any way be a waiver of either party's position as stated
herein
(b) Nothing in this section affects the authority of the City to manage the public fthis•Of-
Way or to require a fair at reasonable compensation from all telecommunications providers, on
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a competitively neutral and nondiscriminatory basis, and the compensation will be publicly j
disclosed by the City,
• SECTION I¢ REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and pans of agreements and ordinances in conflict with the
y provisions of this Ordinance ere hereby repealed to the extent of such inconsistency. n± '
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SECTION I7. NOTICE
For any purposes related to this Ordinance, notice to the City shall be to:
Office of City Manager
city of Denton
215 E. McKinney
Denton, TX 76201
Notice tothe Telephone Company shall be lo,
Nonex Telcom, L L.C.
Attn: Alvin M, Fuhrman, President
P.O. Drawer 597
Muenster, TX 76252
Notice will be effective upon delivery at the above addresses until the City cK the Telephone
Company notifies the other, in writing, of a change of address
SECTION 1 B. PARTIAL INVALIDITY AND REPEAL. PROVISIONS
If any section, sentence, clause or phrase in this Ordinance is for any reason held to be illegal,
ultra vices, unconstitutional, void, or unenforceable such invalidity shall not affect the validity of
the remaining portions, it being the intent of the City in adopting this Ordinance and the
Telephone Company in accepting and agreeing to it that no portion hereof or provision hereof
• shall be inoperative or fail by reason of any unconstitutionality or invalidity or any other portion,
provision, or regulation, and to this end, all provisions of this Ordinance are declared to be
severable. This Ordinance shall be and is hereby declared to be cumulative of all other
ordinances of the City, and this Ordinance shall not operate to repeal or affect any of such other
ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the
~f provisions of this Ordinance, in which event such cont'.icting provisions, if any in such other
ordinance or ordinances are hereby repealed to the extent of such inconsistency. All ordinances
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and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed
to the extent of such inconsistency. Provided all other ordinances, rules, regulations, and
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agreements which are not in conflict with this Ordinance and which in any manner relate to the
regulation of the City streets, alleys, and public places or the business of the Telephone
Company shall remain in full force and effect
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SECTION 19. EFFECTIVE DATE AND ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after the passage and approval of
this Ordinance to file its written acceptance thereof with Oe City Secretary. Upon such filing,
this Ordinance shall take effect and the effective date of this Ordinance shall be
and it shall be in force from and after such date, and shall effectuate
and make binding the agreement provided by the terms hereof All costs of any publication
required by law shall be at the expense of the Telephone Company in addition to other charges
provided for herein,
SECTION 20, TRANSFER OR ASSIGNMENT
This Ordinance shall not be transferred or assigned by the Telephone Company except with the
approval o. -he goveridng body of the City expressed by ordinance and subject to all terms of
such ordinance, which shall not be unreasonably withheld
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SECTION 21. OPEN MEETING
It is hereby officially found and determined that the meeting at which this Ordinance is passed is
open to the public as required by law and that public notice of the time, place and purpose of said +
meeting was given as required
PASSED AND APPROVED this the day of 1998.
MAYOR
`Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM
! HERBERT L, PROUTY, CITY ATTORNEY
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The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the day of 19 , at a regular
session of the City Council,
f
_ Mayor, voting
Council Member, voting
_ _ Council Member, voting
Council Member, voting -
Council Member, voting
Council Member, voting
- Council Member, voting -
The above and foregoing ordinance read, adopted on second reading and passed by the following
votes, this the day 19___ at a regular session of the City
Council
J~ Mayor, voting
_ Council Member, voting
Council Member, voting -
Council Member, voting _
_ Council Member, voting
Council Member, voting
Council Member, voting _
STATE OF TEXAS §
• COUN rY OF DENTON §
I, City Secretary of the City of Denton, Texas, do
hereby certify that the above and foregoing is a true and correct copy of the right-of-way rental
agreement between the City of Denton, Tt,xas, and NORTEX 1 ELCOM, L L C. as indicated
herein The same is now recorded in Volume Page of the Ordinance Records of
the city of Denton, Texas
WITNESS MY AND this the day of _ A D. 19_`
(Seal) f
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City Secretary
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ACCEPTA~1 L
WHEREAS, the City Council of the City of Deacon, Texas, did on the day of ,
19 , enact in Ordinance entitled
AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND VORTEX
TELCOM, L L.C. AGREE THAT, FOR THE PURPOSE OF OPERATING ITS 4
TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL
CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN,
ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS,
BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS,
POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES
AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A
GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS;
PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-
OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS
BUSINESS; PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY
UNDER THIS ORDINANCE; PROVIDING THE RIGHT OF THE CITY TO USE
CERTAIN FACILITIES OF THE TELEPHONE COMPANY& SPECIFYING
GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING THE
TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR
NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE
ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL
IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; PROVIDING
FOR FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE 1S PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF
CONFLICTLIO ORDINANCES; PROVIDING FOR RcLEASE OF ALL CLAIMS
UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE
RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE;
and J
WHEREAS, said Ordinance was on the ` day of l9____,
duty approved by the Mayor of said City and the seat of said City was thereto affixed and
attested by the City Secretary;
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NOW, THEREFORE, Nortex Telcom, L L.C. hereby in all respects accepts, orproves,
and agrees to said Ordinance, and same shall constitute and be binding contractual oblil;ation of
0 Nortex Telcom, L L C and of the City without waiver of any other remedy by Nortex Telcom ~i
L L.C. or the City and files this its written acceptance with the City Secretary of the City of
Denton, Texas, in his/her office. ,
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Dated this day of A.D. 19 i
VORTEX TELCOK L.L.C.
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By_
` ATTEST:
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Assistant Secretary
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Acceptance filed in the office of the City Secretary of Denton, Texts, this day of
A.D. 19
City S wetary
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Agenda Items]
AGENDA INFORMATION SHEET
AGENDA DATE: May 19, 1998 Questions concerning this franchise
may be directed to Mike Bucek,
DEPARTMENT: City Manager City Attorney's Office-349-8333
CM. Ted Benavides
BJE
Consider adoption of an Ordinance on First Reading whereby the City of Denton, Texas, and
CoServ LLC (ftlal CoServ Communications), an affiliate of Denton County Electric agree that,
for the purpose of operating its Telecommunications Business, the Telephone Company shall,
construct, erect, build, egvip, own, maintain and operate in, along, under, over and across, the
streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, pales,
wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for
rendition of telecommunications services in said City and for conducting a general local and
long-e:-tance telephone business, prescribing the conditions governing the use of public rights-
of-way for the Telephone Company's telecommunications business, prescribing the quarterly
compensation due the City under this ordinance, providing the tight of the City to use certain
facilities of the Telephone Company; specifying goveming laws; providing for assignment;
prescribing the term and effective date of said agreement; providing for notice; providing for
binding effect; providing that the ordinance be cumulative; providing for governmental
immunity; providing for consent and acceptance; providing for severability; providing for choice
of law and venue; finding and determining that th_ meeting at which this ordinance is passed is
open to the public as required by law; providing for future contingencies; providing for repeal of
conflicting ordinances; providing for release of all claims under prior ordinances; providing for
alternate dispute resolution; and providing for mohod of acceptance
BACKGROUN
On April 20, 1998 CoServ, LLC advised the City that it would like to have a franchise agreement
• with the City to pr-,Nida telecummunication services within the City of Denton. On April 27,
1998, the City Attorney's Office provided CoServ a copy of Ordinance No. 96-253 which was
approved on Second Reading on November 19, 1996 (the existing franchise the City has with
GTE) with the name of CoServ substituted for th.e name of GTE. The City advised CoServ that
pursuant to the Public Utility Regulatory Act (PUItA) that in order for the City to grant a
franchise to CoServ it would be required to execute a franchise substantially the same as the
• GTE Ordinance. This is based on the amendments to PURA effective F:ptember 1, 1995 which O ,
provide that cities may not discriminate against telecommunications providers. The April 27
letter informed CoServ that the franchise would not be forwarded to the Council for
"+a consideration of the Ordinance on First Reading until the City received a letter from CoServ
agreeing to pay the fees required for publishing the approximate 29-page document (estimated at
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Agenda Information Sheet
Page 2
$1,000) in the Denton Record Chronicle (DR") as required by the City Charter. By letter dated
May 4, 1998, Jim Chism with CoServ Communications agreed to pay such fees.
13 T ACSM _ TED SCHF'DULE OF PROJECT
CoServ will not be able to provide service to prospective customers until after the franchise is r
effective. Before such ordinance can become effe tive it must ba passed by a majority vote of
the ertire city council at two (2) regular meetings of the council ani the ordinance shall not take
effect until twenty-one days after its final passage. The second reacting is scheduled for June 2
so CoServ should be able to begin providing services in Denton around line 23.
PJUOR ACTION/REVIEW
The GTE franchise that the City is -r,°cired by PURA to offer to CoServ resulted from
negotiations between GTE and Denton (ar.. '9 of its sister cities) in the settlement of a lawsuit
filed by GTE on April 25, 1995, styled 01E. out +west Incorporated v! City of Denton ct gl„
Cause No. 95.50259-367, the settlement catered into between GTE and Denton on October 22, °
r
1996 provided Denton $1,255,649,76 in delinquent fees and increased the franchise fee of
approximately $125,000 for 1996 to appmyimately $1,000,000 for 1997.
' FISCAL INFORMATION
GTE's 1997 franchise (sod the same terms are in CoServ's franchise) required GTE to pay
S 17.00 per year for each residential access line and $24.00 per year for each business access line
activated in Denton by GTE. The effect orthis new franchise is that if CoServ's customers have
never purchased telephone services from GTE then for each new access line activated the
applicable fee above will be paid t•> the City. If CoServ recruitj customers from GTE on existing
access line then for each accesr line activated by CoServ there will be a corresponding access ,
line deactivated by GTE which will result in the change of telecommunications provider by the
customer being comp, nsation neutral to the City's general find. t
9 ~ 4
RF OM ENDATIO o
Staff recommends adoption of the ordinance, 1 4
Respectfully submitted:
r.
Ted Buena ~--1 • , r i •
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City Manager !
Attachment #L CoServ letter of April 20,194 Attachment #1 Bueek letter of April 27, 1998
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Agenda Information Sheet
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Attachment b3 CoServ later of May 4, 1999 I
Attachment N4 Proposed Franchise Ordinance
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CAServ
• 3501 FM 2181
.Serv
Corinth,Itxas76205
Metro 11 0 434 1195
FAX 940.497-6525
An Affiliate of Denton County Electric 8042744014
April 20, 1998
i ~
Mike Bucek ,
Office of the City Attorney
215 East McKinney
Denton, Texas 76201
Dear Mr. Bucek:
CoScrv Communications would like to have a franchise agreement with the City of
Denton to provide t.:towmmunication services. We have received a certificate of
authority by the Texas Public Utility Commission to provide telephone service to the
Denton area.
Please send us the necessary material to apply for a franchise. Your assistance on this
matter is appreciated
Sincerely,
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din! Chism l
CoServ Communications
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APR 2 2 1998
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City Attarney's Oplee
C9ty oJDenton, Texas
215 East McKinney
Denton, Texas 76101
(940) 349-8333
CITY OF DENTON, TEXAS Fax (9!01381-7913
April 27. 1998
Jim Chism
CoServ Communications
3501 FM 2181
Corinth, Texas 76205
Re: CoServ Franchise for Telecommunications Services
Dear Mr. Chism:
Per our conversation on April 12, 1998, enclosed is the proposed franchise between CoServ and
Denton to use City rights-of-way for telecommunications purposes as defined in such franchise.
As 1 mentioned to you on April 22n°, pursuant to the Public Utility Regulatory Act (PURA), afler
September 1, 1995, cities may not discriminate against telecommunications provides. The
City's existing franchise with GTE was executed in December, 1996, so based on PURA, a fran-
chise with CoServ relating to phone service must be substantially the same as the GTE franchise.
The enclosed franchise is identical to the franchise Dc% on has with GTE, and the only change to
the text of the enclosed franchise is that the name of CoServ, An affiliate of Denton County
Electric, has been substituted for GTC, The City will be prepared to place this item on a City
Council agenda for the two readings required by law upon receipt of a letter from the President
of CoServ that the enclosed franchise is agreeable to CoServ and that CoServ agrees that it will
pay the fees charged by the Denton-Record Chronicle to publish the approximate 29-page right-
of-way use agreement as required by City Charter, Yon may want to call the Denton Record-
Chronicle to get a price quote on the publication. My recollection is that the cost of publication
to GTE was around $1,000.
We appreciate CoServ's interest in doing business in Denton. Please call me at (940) 349.8333
t~ should you have any questions regarding the enclosed franchise.
Sincerely, I
ike Bucck j
• First Assistant City Attorney
MFl:sf
enclosure
cc: Ted Benavides, City Manager (w/out encl.) 4
Herb Prouty, City Attorney (wlout encl.)
Kathy DuBose, Assistant City Manager for Finance (w/out encl.)
Sharon Mays, Director Electric Utility (w/out encl.) ;
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3501 FM 2181
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Coritxh,'Rzu 76205
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FAX 944497-6525 f
An Affiliate of Denton Couuuy Electric 80274-4014
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May 4, 1998
E
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Mike Bucek
First Assistant City Attorney
City of Denton
215 East McKinney
CoServ Denton, Texas 76201
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Dear Mr. Bucek:
CoServ L. L. C. (d.b.a. CoServ Communications) would like to receive a
telecommunications franchise from the City of Denton. The propoxd franchise
agreement sent to our office is acceptable to CoServ Communications. I would
recommend under (f) of the definitions that we use CoSer , Communications as the name
of the Telephone Company. We agree to pay the fees for publication of the right-of-way
use agreement as required by your City Charter.
Please let us know if we need to have a representative present at the city council meetings ;
where the required readings are held. If you have any questions, please give me a call, .
Sincerely, f"
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CoServCommunications ~
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ORDINANCE NO,
AN ORDINANCE WHEREBY THE CI IN OF DENTON, TEXAS, AND COSERV LLC, AN
AFFILIATE OF DENTON COUNTY ELECTRIC, AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY
SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN,
ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BKIDGES,
VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES
NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS
SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-
DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING
THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY
COMPENSATION DUE THE Clri UNDER THIS ORDINANCE, PROVIDING THE RIGHT
OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY;
SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING
TI IE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE;
PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE
CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CHOICE OF LAW AND VENUE; FINDING AND DE'T'ERMINING THAT THE MEETING
0 AT WHICH THIS ORDINANCE IS PASSED 1S OPEN TO THE PUBLIC AS REQUIRED BY O •
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LAW; PROVIDING FOR FUTURE CONIINGENCIES; PROVIDING FOR REPEAL OF
l~ CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER
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PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND
PROVIDING FOR METHOD OF ACCEPTANCE.
WHEREAS, it is to the mutual advantage of both the City of Denton ("City") and CoServ
("Telephone Company") that an agreement shouid be entered into between the
Telephone Company and the City establishing the consideration for and conditions under which
the Telephone Company shall construct, maintain and operate its physical plant in the public
righta-ofway within the City's corporate limits in the future
NOW, THEREFORE, BE IT ORDAINED BY THE CnY COUNCIL OF THE CITY OF
DENTON, TEXAS, THATt
SECTION 1. DEFINITIONS
Whenever used in this Ordinance, the following words and terms stall have the definitions and
meanings provide; in this section,
(a) ACCESS LIN For purposea of this Ordinance, an Access Line shall be del tied as
any local line provided by Telephone Company to a custome: in the City, which provides i
access to the public switched network, including all single line residence, party line residence,
•
single tine business, multi-line business, Centrcx, Centranet, key lines, ISDN linen, COCT lines, f
semi-public pay telephone lines and PABX trunks or equivalent which are assigned to 1orAtions r
ti r inside the corporate limits of the City. ~
(b) The City of Denton,'llexas
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(c) FACELITf,);.$: All Telephone Company duct spaces, manholes, poles, conduits, t
underground and overhead passageways, and other equipment, structures and appurtenances and ,
all associated Transmission Media, which are located in the City Rights-of-Way.
(d) BIGHTS-OF-WAY: All present and future public streets, avenues, highways, alleys,
bridges, viaducts, public thoroughfares, public utility easements, public ways, public grounds,
and without limitation by the foregoing enumeration, other public property within the city limits
of (fie City. As used herein, the term %ghtsof•Way' does not include facilities dedicated to
the provision of electrical power to citizens of the City to the extent the City may own the power
utility providing electrical power in the City.
(e) ILLECOMMUNICATIONS OR TELECOMMUNICATIONS SERVICES: All
services of any nature, offered for sale by the Telephone Company to subscribers In the City,
which services are delivered to such subscribers by transmission, between or among points not
specified by the Telephone Company, of information, voice or otherwise, not chosen, created,
or offered for distribution by the Telephone Company, transmitted without change In form or
content of the information as sent and received, which transmission is offered for sale by the
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Telephone Company in the City, which services are provided in whole or part in the City to
any customers of any type whatsoever. "Telecommunications" and 'Telecommunications
Services" do not include such services as cable service-, as defined in the Cable Communications
Policy Act of 1984 (47 U S C A, § $21, el seq, amended) or as recognized by the Federal
• , • •
Communications Commission or any other service wherein content is selected for distribution by
the Telephone Company.
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(0 TELEPHONE COMPAN CoServ Communications ,
(g) TRANSMISSION MEDIA: All Telephone Company cables, fibers, wires or other
physical devices used to transmit and/or receive communication signals, whether analog, digital
or of ocher characteristics, and whether for voice, video, or data or other purposes, which are
physically located in the City Rights-of-Way.
SECTION 2: CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE
(a) Pursuant to the laws of the State of Texas and this Ordinance, the Telephone Company
has the non-exclusive right and privilege to use and occupy the public rights-of--way in the City
for the purpose of maintaining and operating its Transmission Media used in the provision of
Telecommunications Services and the operation of a telecommunications system, subject to the
terms, conditions, and stipulations set forth in this Ordinance, the Constitutions and laws of the
United States and the State of Texas and the City's Charter and Ordinances to the extent such
Ordinances are not in conflict herewith The Telephone Company is not authorized to provide
cable television r rvice as a cable operator, as that term is defined in the Cable Communications
Policy Act of 1984, in the City without obtaining a separate franchise from the City. The
Telephone Company's Facilitie3 and Transmission Media wed in or incident to the provision of
Telecommunications Services and to the maimpriance of a telecommunications business by the
• O •
Telephone Company in the City shall remain as now constructed, subject to such changes as JJai
under the conditions prescribed in this Ordinarce may be considered necessary to the public 1
health and safety by the City in the exercise of its lawful police powers and such changes and
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extensions as may be considered necessary by the Telephone Company in the pursuit of its G
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telecommunications business. The Telephone Company shall At all times during the term of
this Ordinance be subject to all lawful exercise of the police power by the City and to such i
reasonable and ]awful regulation as the City shall hereafter by craner, resolution or ordinance
provide. The terms of this Ordinance shall apply throughout the City and shall apply to ell the
Telephone Company's Facilities used, in whole or pan, in the provision of Telecommunications
Services, and shall include the provision of Telecommunications Services in any newly annexed
areas of the City upon the effective date of such annexation or the date the City provides the
Telephone Company notice of such annexation, whichever occurs later, The Telephone
Company shall maintain its Facilities in a reasonable ooerat:ng condition at all nomal times
during the term or any extension of this Ordinance. M exception to this condition is
automatically in effect when service furnished by the Telephone Company is interrupted,
impaired or prevented by fires, strikes, riots, or other occurrences beyond the control of the
Telephone Company, or by storms, floods, or other casualties, in any of which events the
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Telephone Company shall do all things reasonably within its power to do to restore normal
service as soon as practicable
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(b) Facilities installed or relocated by the Telephone Company in the Rights-of-Way during
the term of this Ordinance shall be located underground where technologically and economically
feasible if technologically unfeasible, or if placement of facilities underground presents an
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~i undue economic burden on Telephone Company, upon proof thereof being presented to the City,
Telephone Company and City will jointly agree to alternative installation of relocation options s
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SECTION SUPERVISION BY C17Y OF LOCATION OF POLES AND
CONDUITS
(a) The Telephone Company shall lay, maintain, construct, operate, and replace its poles,
wires, anchors, cables, manholes, conduits, and appurtenances used, in whole or part, to provide
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Telecommunications Services so as to interfere as little as possible with traffic and shall
promptly clean up and restore, at its sole cost all thoroughfares and other surfaces which it may
disturb to as good a condition as before such disturbance The location of all Telephone
Company Facilities shall be fixed under the supervision of the CiWs governing body or an
authorized committee or agent appointed by said governing body. All poles to be placed shall be
of sound material and reasombly straight, and all poles, stubs, guys, ambora, and other above
ground facilities shaft be so set that they will not inter:ere with the flow of water in or to any
gutter or drain, and to that the same will interfere as little as practicable with the ordinary travel
on the streets, alleys, highways, publi - thoroughfares, public utility easements, public ways or
sidewalks and so that they will not compromise public safety. The City shall have the right to
require the Telephone Company, at its own expense, to install or relocate above-ground
Facilities as far from vehicular travel lanes as reasonably possible for traffic safety purposes
Fxcept as provided in Section 2 (b), the City shall also have the right to require the Telephone
Company, Ft its own expense, to install underground all new Facilities except those to which
! above-ground access is necessary for normal maintenance and connections, without claim for
reimbursement or damages against the City. The location and route of all poles, stubs, guys,
anchors, conduits, cables and any other Facilities to be placed and constructed by the Telephone 0
Company in the City Rights-of-Way, and the location of all conduits to be laid by the
Telephone Company within the City's Rights-of-Way under this Ordinance, shall be subject to
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the reasonable and proper regulation, control and direction of the City's aveming body or of
any City, Committee, department or official to whom such duties have been or may be
delegated,
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(b) The City ,hall have the right to change the grade. install, relocate, or widen the public
streets, sidewalks, bikeways, alleys, public thoroughfares, highways, landscaping, and public
way and places within the present limits of the City and within said limits as same may from
time to time be extended, and in such events the Telephone Company shall relocate, at its own
expense, Facilities and Transmission Media, in order to accommodate the installation,
relocation, widening, or changing of the grade of any such public street, sidewalk, bikeway,
alley, public thoroughfhre, highway or public ways, including if necessary relocating such
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Facilities and Tranamission Mafia a sufficient distance from the edge of the pavement to perms
a reasonable work area for machinery and individuals engaged in installing, relocating,
~
widening, or changing the grade of any public street, sidewalk, bikeway, alley, public
thoroughfare, highway or public way. i J
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(c) The City shall have right to lay, and permit to be laid, sewer, gas, water, electric, and
other pipelines or cables or conduits, and to do and permit to be done any underground and
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overhead installation or improvement that may be deemed necessary or groper by the governing
a body of the City iii, across, along, over or under any City Right"f•Way occupied by the
t• ' Telephone Company, and to change any curb or sidewalk or the grade of any sued In ♦ •
permitting such work to be done, the City shall not be liable to the Telephone Company for any 1
damage so caused, nor shall the City be liable to the Telephone Company for any damages +I
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arising out of the performance Ly the City or its contractors or subcontractors not willfully and
unnecessarily occasioned, provided, however, nothing herein shall ;elieve any other person of
corporation from liability for damages to facilities of the Telephone Company, including the ,
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City's contractors and subcontractors. The City shall also have the right to require the
Telephone Company to relocate, at the sole expense of the 'retephone company, any Facilir'.es
erected to maintained in City Rights-of-Way, if said rei ation is deemed necessary by the
governing body or its designated representative for traffic safety purposes, including traffic
signals Whenever by reason of changes in the grade of a thoroughfare or in the location or
manner of constructing a water pipe, gar pipe, sewer, or other aboveground or underground
structure, it is deemed necessary by the City to remove, alter, change, adapt, or conform the
underground or aboveground Facilities of the Telephone Company, the Telephone Company +
shill make the. alterations as soon as practicable when ordered in writing by the City without
claim for reimbursement or damages against the City.
(e) Whenever it becomes necessary to require Telephone Company to relocate or reprove
Facilities, for the completion of public works projects or for reasons of public safety, the City
will inform the Telephone Company in writing of the aforementioned requirement. Except in
cases of an emergency, the City will provide as least ten (10) days' written notice to
Telephone Company of the requirement to relocate or remove said Facilities. Whenever it shall
be necessary to require Telephone Company to alter, change, adapt, or conform its Facilities
within the Rights-of-Way, such alterations or changes shall be nsade promptly, with P I
consideration given to the magnitude of such alterations or changes, without claim for
reimbursement or damages against the City if any such requirements impose a financial
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hardship upon the Telephone Company, the Telephone Company shall have the right to
present alternative proposals to the City, and the City shall give due consideration to any such
alternative proposals. If the City requires the Telephone Company to adapt or conform its
Facilities to enable any other entity or person, except the City (as described in Section 3(c)
above), to use, or to use with greater convenience, Rights-of-Way or public property, k
Telephone Company shall not be required to make any such changes until such other entity or
person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse
the Telephone Company for any loss and expense caused by or airing out of such change;
provided, however, that in no event shall the City be liable for such reirnbursement.
(F) Nothing in M Ordinance is intended to add to or detrad from any authority granted by
federal or state law to the City or the Telephone Company.
SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS 1
(a) As partial compensation for the use of the Cky's Rights-of•Way, the
TelephontCompany shali permit the City to use, without charge, solely for its own, non•
commercial purposes, available duct space within one duct in all of the Telephone Company's
M 1 existing ducted Facilities within the City limits, upon written request by the City, if such duct
space is available when requested. Alternatively, Telephone Company shall pror3e City with
pace on existing telephone poles for the City's use, without charge, solely for its own, non-
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commercial purposes, if such pole space is available when requested. The City shall not use any
j•
ra6iities which are provided lu, the City's use by the Telephone Company for power • •
w nsmission purposes, not use any circuits in such conduits or upon such poles to carry voltage I
in excess of one hundred thirty (130) volts for signal purposes, nor otherwise use any such
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circuits so as to unreasonably interfere with Telephone Company's Telecommunications
Services or Telephone Company Facilities.
(b) The City shall not sell, lease or otherwise make av,%ble its rights to use
Telephone Company's Facilities to any third piny Such rights a,, provided solely for the non-
commercial exclusive use by the City. However, this restriction shall not prevent the City from
using the services of a third party commercial entity to manage or operate the City's facilities on
behalf of the City so long as no resale or other commercial use of such facilities shall occur and
so long as the third party employed by the City is bound by the provisions of twit Ordinance.
(c) Should the City desire to purchase it otherwise acquire additional Facilities from the
Telepbone Company for its non-commercial use, then a Bother separate, ron-corttsngent
agreement shall be a prerequisite to such purchase or acquisition. Telepboae Company and
City agree to ad In good faith in the negotiation of such agreement(s) wish City.
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(d) The City may, at any time, submit written requests to the Telepbono Company for use
h
of its Facilities The Telephone Company agrees to respond in writing to the City's requests
within thirty (10) calendar days after receiving the request. The City Council shall designate one
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City contaa person for requests for Facility usage
(e) The City recognizes that the Telephone Company cannot reserve Facilities for the
City's use at some indefinite time in the future. Accordingly, the City will request the use of
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Telephone Company's Facilities only after the City has an approved and funded constnrdion r
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plan. Project construction by the City must commence within six (6) months of the
Telephone Company notifying the Cit t that Facilities are available Unless delay is occasioned
through no fault of the City, any equipment or facK, ies of the City placed by the City on or in
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Telephone Company's Facilities must be fully operational within eighteen (18) months from the
date project construction commences If such a delay occurs, City shall take all reasonable
measures to make its equipment or facilities placed on or in Telephone Company's Facilities
fully operational as soon as practicable with consideration given to the circumstances which
caused the delay,
(f) With regard to the City's equipment or facilities placed in, or on, Telephone Company's
Facilities, the Telephone Company shall be relieved of its obligation to reserve space in or on
its Facilities for the specific Facility if construction is not started within six (6) months of the
Telephone Company notifying the City thrt Facilities are available or if such City equipment
and facilities ore not fully operational within the time limits specified in Section 4 (e), unless an
extension of time is mutually agreed upon, in writing, by both parties. Upon the City's
equipment or facilities being placed in, or on, Telephone Company's Facilities, the
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• Telephone Company may not charge the City rn additional fee for the use of the
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Telephone Company's Facilities The City's use of Telephone Company Facilities Witt extend
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beyond the term of this Ordinance free of charge to the City so long as said Facilities remain in-
place, but upon the expiration of this Ordinance Telephone Company shall be under no
• • •
' obligation to continue to provide, maintain or operate such Facilities for ►he !xneft of the City. 4
The Telephone Company will not be liable for the installation or maintenance of any City
facilities under this Ordinance or for any damage not caused solely by the negligence of the
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Telephone Company.
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(g) The City shall clearly mark all of its facilities that are placed in, or on
Telephone Company Facilities In order to protect the telephone service to the citizens of the
city, the City agrees that oil construction by the City in, or on, Telephone Company Facilities
will be in accordance with Telephone Company sta lards and procedures and any applicable
City Codes or Ordinances. The Telephone Company shall have the right to make on-site
inspections during construction by the City. In the event the City, in making its facilities
operational, encounters any situation that might impact Telephone Company's communication
service to the citizens of the City, the City shali stop construction and notify the
Telephone Company immediately.
(h) Except as otherwise provided in Section 4(e) above, the Telephone Company may deny
the City's request for use of Telephone Company Facilities only if the Telephone Company I
{
has plans to use the requested facilities by installing telecommunications equipment no later
than two (2) years from the date of the City's request. In the event that the
Telephone Company denies the City's request, the Telephone Company must show the City
! 0
its current engineering plans that demonstrate that the Telephone Company will use the
requested Facilities for Telecommunications Services within two (2) years
y yr
(i) The Telephone Company is not authorized to license or lease to any person or entity the
right to occupy or use the City's Rights-of-way for the conduct of any private business except to
the extent required by law. The Telephone Company will, from time to time, upon written
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toques, from the City provide to the City the names of resellers of telecommunication services
using or requesting to use, Telephone Company Facilities. The Telephone Company may be
required to attach its Transmission Media to fccilities owned and maintained by any person or
entity authorized by the City or to permit the transmission media of any person or entity
authorized by the City to be attached to the Facilities owned artd maintained by the
Telephone Company upon reasonable, non-discriminatory terms in a separate, non-oontingent
agreement which Aill include reasonable compensation. The Telepbone Company may require
any such person or entity to furnish evidence of adequate insurance covering the
Telephone Company and adequate bonds covering the perfomu= of the pawn or entity
attaching to the Telephose Company's Facilities as a condition precedent to grading
permission to any such person or entity to attach tram mission media to Telephone Company's
facilities. provided Telephone Company's requirements for such Insurance shall be reasonable
and at least in an amount to meet minimum City requirements, as determined by the City.
0) Nothing contained in this Ordinance shall obligate or restrict the Yekpbose Company in
exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or
• other wire space or facilities agreements with light and/or power companies of with other
I
companies utilizing wire transmission of services which are authorized to operate wnthin the
City Further, nothing contained in this Ordinance shall pre-empt any pole attachment
agreement between the City and Telephone Company wherein Telephone Company of City
agrees to pay the other a fee to place its facilities on a utility pole owned by the abet.
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SECTION 5. RIGHTS-OF-WAY TO BE RESTORED TO GOOD CONDffION
(a) The Telephone Company shall restore the surface of any and all Rights of-Way within
the City disturbed by the Telephone Company in building constructing, renewing, or
maintaining its Facilities or Transmission Media vAlhin a reasonable time after completion of the
work to at least as good a condition as before commencement of the work and in compliance
with the applicable provisions of the Code of Ordinances of the City and shall further maintain
the work to the satisfaction of the City's governing body, or of any City official to whom such
duties have been or may be delegated, for a period of one (1) year following completion of the
restoration, after which time responsibility for the maintenance shall revert to the City. During
that one (1) year period, the Telephone Company shall be responsible for all maintenance costs
incurred as a result of any defects, impairments or substandard condition in the Rights-of•W&Y
caused by the construction, maintenance or restoration work of the Telophoae Company. The
Telephone Company shall comply with all reasonable rules and regulations of the City relative
to street excavations, and permits therefor; provided that Telephone Company shalt not be
required to pay any fees required by such rules, regulations and permits. No such Rights-of-Way
shall be encumbered for a longer period than shall be necessary to execute the work.
(b) The Telephone Company shall submit, in a format prescribed by City and reasonably
related to the purpose here stated, information describing the general nature, location, and
estimated duration of any activity which will result in the disturbance of any Rights-of-Way.
The Telephone Company shall not be required to divulge proprietary information in such
• • •
submission. Proprietary information may include, but is not limited to, type and size of Facility
and sub-routes onto private property This information shall be submitted prior to the activity
except in the case of emergencies, in which case the information shall be submitted as won as
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practical. This information requirement shall not apply to the Telephone Company's
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installation of service wires serving a single residence or business. When the Telephone
Company shall make of cause to be made excavations, or shall place obstructions in any street,
alley, highway, public thoroughfare, public utility easement or public way, the Telephone
Company shall protect the public by barriers and lights placed, erected and maintained by the
Telephone Company.
SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove or raise or lower its wires
within the City temporarily to permit the moving of houses or other bulky structurss. The
expense of such temporary removal, raising or lowering of wires shall be paid by the benefited
party or parties, and the Telephone Company miy require such payment in advance, The
Telephone Company shall be given not less than forty-eight (48) hours' advance notice to
arrange for such temporary wire changes The clearance of wires above ground shell conform to
the basic standards of the National Electrical Safety Code, National Bureau of Standards, United [
States Department of Commerce, as promulgated at the time of erection thereof
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SECTION 7 TRUIRIMMING
In the pursuit of maintaining its telecommunications system, the Telephone Company, its
contractors, agents, successors and assigns shall have the right to trim trees upon and `
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overhanging ►he Nights-of-Way within the City, so as to prevent the branches of such trees from • •
coming in contact with the wires, cables, or other Facilities of the Telephone Company. A,
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SECTION COMPENSATION TO THE CITY
(a) As compensation for the Telepbone company's use and occupancy of the City's Rights- "
of-Way and for the City's oversight, regulation and supervision of such use and occupancy, in
consideration for all other agreements and promises made herein by the City rod in lieu of and in
full compensation for any lawful tax, license, charge, right-of-way permit fee or inspection fee,
whether charged to the Telephone Company or its contractor(s), or any right-of--way easement
or street or alley rental or corporate franchise tax of other character of charge for the use and
occupancy of the Right-of-way within the City, except the usua! general ad valorem taxes and
speciat assessments in accordance with State law, crud sales taxes now or hemkr levied by the
City and in accordance with State law, the City hereby imposes upon the Telephone Company
and the Telephone Company agrees to pay a fee upon each Access Line ("Access Line Fee"),
which shall be assessed monthly upon all Access Lines in the city srtd which shall be paid
quarterly as described in Section g (b) her tin. The Access Line Fee shall be $1.42 per month
(for a total of $11A for such twelve-month period) for each residential Access Line, and $2.00
,
per month (for a total of for such twelve-month period) for each business Access Line.
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The Access Line Fee will be prorated based upon the number of days during the billing month
the customer has service
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(b) The amount paid to the City will equal the aggregate amount of Access Line fees
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assessed to the Telephone Company according to she method described above through the end
of each calendar quarter. The payment due dates shall be February 28, May 31, August 31, and
November 30 of each Contract Year this Ordinance remains in effect The first payment under
this Ordinance shall be due on _
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(c) If the Ordinance is mutually extended in writing for an additional five years, the Access
Line fee will be increased by ftee (3) percent per year above the prior year's Access Line fee on
each anniversary of the effective date Except as otherwise provided herein, the City waives any
right to audit or otherwise review any Telephone Company records
(d) The Telephone Company and the City agree that the accuracy of the Access Line count
is imporiuit to both panics. To satisfy any audit responsibilities the City may have, the
Telepbone Company agrees to provide the City a reconciliation report of Access Lines and a
Customer Service Address List, which report and list shall be in a format and in sufficient dettvi
to enable the City to verify the accuracy of the calculation of the Access Line count and tyre of
local access service (e g, single party residence line, ISDN line or PABX murk) provided to
customers located in the City. The parties agree to limit Telephone Company's responsibility
to produce such reports to two occasions during the term of this Ordinance. One such occasion
shall occur during the third year of the Ordinance. City reserves the right to determine the other
occasion for which such information shall be made available by Telephone Company for
inspection. City agrees to provide reasonable notice beforehand of each such request for
inspection. The parties contemplate that reports produced by Telephone Company will be as of
September 30th of the year in which inspection is requested The Telephone Company will
1
provide a report containing a summary of residence and business Access Lines within the City
r,
and the gross amount of Access Line Fees billed customers with each quarterly remittance. The • •
report shall include the number of Access Lines as of the end of each month in the calendar
quarter being reported, as such data is maintained in Telephone Company's PEVUNIT database,
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or any successor database. The Customer Service Addi:ss List shall not incluie any customs 1
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names or telephone numbers. If the City becomes aware of information that affects the accuracy
of such List, City shall promptly inform the Telephone Company, and Telephone Company
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shall review such information and, on verification, correct the Customer Service Address List,
and Access Line count. City accepts and agrees that the customer Service Address List and I
Access Line count are proprietary and the exclusive property of the Telephone company, and
agrees to return both the Customer Servira Address List and Access Line count report, and any
data Copied or taken therefrom In any form, to the Telephone Company within sixty days of its
receipt of such List or report, unless such time is extended by the written agreement of the
parties. As the Customer Service Address List is the exclusive property of the Telephone
Company, the City agrees root to release any information contained in that Liat to anyone unless
ordered to do so by a court of competent jurisdiction
(e) The compensation provided for herein constitutes reasonable compensation for the
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consideration granted to the Telephone Company herein, I
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~ ' (f) Payment of the "Annual Fee" shall not relieve the Telephone Company from paying all
applicable municipally owned utility service charges, ad valorem and sales faxes adopted by the
City,
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In the event that either (1) territory within the boundaries of the Cth' shall be dissnnexed 0
(B)
and a new incorpovated municipality created which includes such territory or (2) territory shall
be consolidated or annexed into the City, then notwithstanding any other provision of this f
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Ordinance, the Annual Fee shall be adjusted, effective an the effective date of the annexation.
To accomplish this adjustment, within sixty (60) days following the action effecting a
disannexationtannexation as described above, the City shall provide the Telephone Company
with maps of the affected area (s) showing the new boundaries of the city, If the City fails to
timely provide the naps of the affected areas, then the fees from such additional Access Linea
will not become payable to City until sixty (60) days after receipt by Telephone Company of
such maps from the City.
(h) In the event of an annexation or disannexation v described above, the Annual Fee paid to
the City will be adjusted based on the City's gain or loss of Access Linea using the tame
methodology prescribed in Section $(a) above. The effective due of the adjustment shall be the
same as the effective date of the annexetion/disannexation action by the city, provided that the
City has supplied the appropriate anneuatioddisannexuion maps to the Telephone Company In
accordance with the provisions herein. The City agrees to reimburse the T'ekplloae company
for any portion of any Annual Fes that may have been paid to the City after the effective date of
it disannexation but prior to the receipt by Telephone Company from City of notice of such
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disann,.sation.
{i) In the event a regulatory agency of the Stale, or court of competent jurisdiction finds that
' the Access Line fee compensation methodology contained in section S(s) of this Ordinance is 'r
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4 invalid or unenforceable, then for the remainder of the term of this Ordinance or until such time 0 •
T as the parties agree to another compensation methodology, whichever occurs first, Telephone t
Company agrees to pay annual compensation under this Ordinance to City in an amount equal
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to the total of the previous four quarterly payments, such ccunpensalion to be paid in quarterly
installments and if necessary prorated from the date of such Orler of the regulatory agency or
court
,
SECTION 9. SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties artd restrictions herein provided for shall inure to atnd be
binding upon the parties hereto and upon their respective legal and bona fide represmauvea,
successors and assigns.
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SECTION 10. PERIOD OF AGREEMENT
This agreement shall be in full fora and effect for the period beginning with the effective date
hereof and ending rive (5) years after such date. This Ordinance my be extended for an
additional five (5) yeas if mutually agreed to in writing by both parties and such extension it
approved by the City in accotdance with the City's Charier,
SECTION 11 FUTURE CONTINGENCIES
i
Notwithstanding anything contained in this Ordinance to the contrary, in the event that this }
•
Ordinance or any section, sentence, clause, phrase, or pan thereof, providing any compensation
due the City under this Ordinance, becomes, is held to be, or is declared or determined by ' f
judicial, administrative or legislative authority exercising its jurisdiction to be excessive, '
•
unrecoverable, unenforceable, void, unconstitutional, unlawful, invalid or otherwise inapplicable, p g, if.
in whole or in part, the Telephone Company and the City shall meet and negotiate in good faith ,
to obtain a new ordinance that is in compliance with the authority's decision or enactment And in
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which the Telephone Company shall pay to Ci11 a reasonable but constitutional and valid I
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compensation.
SECTION 12. GOVERNING LAW AND VENUL
(a) This Ordinance shall be construed in accordance with the law of the State of Texas and E
the City Charter and City Ordinances in effect on the date of passage of this Ordinance to the
extent that such Charter and Ordinances are not in conflict with or to violation of the
Constitution and laws of the United States or of the State of Texu.
(b) Venue for any dispute arising under this Agreement shall be in Denton County, Texas.
(c) This Ordinance shall be construed and deemed to have been negotiated at arms length
and drafted by the combined efforts of the City and the Telephone Company.
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SECTION _ 11 DISPUTE RESOLUTION
(a) Notwithstanding any other provision of this Ordinance, the Parties hereto agree that any
• claim, cause of action or other dispute based upon or arising out of this Ordinance (a "dispute")
t
shall be conducted, decided, determined andror resolved pursuant to and in accordance with the
provisions of this Section. The parties desire to resolve disputes arising out of this Ordinance
without litigation. Accordingly, In the event of any dispute henvroder, the Parties hereto agree to
O •
rttempt in good faith to resolve their dispute between themselves, Within ten (10) days after
J110
receipt of the written request of a party, each party will appoint a kno%viedgeable, responsible
representative or representatives to meet and negotiate In good faith to resolve any dispute
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arisingunder this Ofdina,hee. The parties' representatives will meet within ten (l0) days after the
appointment of such ref resentatives and negotiate in good faith to resolve any such dispute.
(b) Except for action seeking a temporary restraining order or injunction related to the
purposes of this Ordinance, or suit to compel compliance with this dispute resolution process, the
parties agree to use the following alternative dispute resolution procedure, and also agree not to
sue any party to this Ordinance with respect to controversy or claim arising out of or relating to
this Ordinance or its breach prior to exhausting the procedures set out in this section. a
(c) If the parties are rumble to settle their dispute at the meeting of representatives provided
for in subsection (a), either party may, on written notice to the other party, Initiate non-binding
mediation of the dispute before a single mediator affiliated with Judicial Arbitration and
Mediation Services, Inc, (JAMS) or another mediation service mutually Agreeable to the parties.
Mediation is a forum in which an impartial person, the mediator, facilitate communication
between the Parties to promote reconciliation, settlement, or understanding among them. A i
mediator may not impose his own judgment can the issues for that of the parties Unless
expressly authorized by the patties, the mediator may not disclose to either party information 1
•
given in confidence by the other and shall at all times maintain confidentiality with respect to
communications relating to the subject matter of the dispute Unless the parties agree otherwise,
all matters, including the conduct and demeanor of the parties and their counsel during
• O !
mediation, are confidential and shall be inadmissible as settlement discussion pursuant to
Rule 408 of the Federal Rules of Evidence or the applicable state rules. The mediator shall be I
first requests
selected by agreement of tht parties within thirty (30) days after either party
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i mediation of the other. If a single mediator car^ot be agreed upon. then each party shall select
its own mediator from those on the JAMS approved list, those two mediators will then select a
third independent mediator who will conduct the mediation session (s). The mediator's fees will
be borne equally by both parties. In the event mediation is requested, any applicable statutes of
limitations shall be automatically tolled until the mediator doclares an impasse. If either party
desires to request the production of information for its use in the mediation, it :lull deliver such
request to the other party within five (S) days of the selection of the mediator. Any objection to
such production shall be delivered to the mediator and the requesting party within five days of
receipt of the request, rnd the asedistor shall issue an opinion within five (S) days of such
objection, as to whether the inf^-ration is relevant to the issues presented for mediation and
should be produced. If either party refuses to proceed with the mediation in aooordsit" with the
ruling of the mediator, the mediation shall be deemed to be at impasse, and the parties may then
resort to any other available recourse In the event mediation occurs but fails to resolve the
dispute, the parties may then resort to means outside the scope of this Section Including filing
wit
• (d) Neither the City nor the Telephone Company by accepting this Ordinance waives its
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right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the
terms of this Ordinaw 4 by the other party, including seeking injunctive relief in a court of
competent jurisdiction Such right to seek injunctive relief is expressly reserved and all terms
• • •
and provisions hereof shelf be enforceable through injunctive relief
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SECTION l4. GOVERNMENTAL IMMUNITY
I
All of the regulations provided in this Ordinance are heret Y declared to be for a pt,blic purpose
and the health, safety, and welfare of the general public Any member of the governing body or
i
City official or employee chuged with the enforcement of this Ordinance, acting for the City in
the discharge of his duties shall not thereby render himself personally liable; and he is hereby
relieved from all personal liability for any damage that might accrue to persons or property as It
result of any act required or permitted in the discharge of his said duties
TION 15. GRANTING POWER
(a) The City continues to take the position that the City has the power to grant or deny
consent to the Telephone Company's occupancy and tau of the Rig)"f•Way within the City.
The Telephone Company continues to take the position that Federal law and Tom law do not
e
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permit the City to deny consent to the Telephone Company to occupy and use tarh
Rights-Of-Way, Both the City and the Telephone Company agree that their actions in entering
this agreement by ordinance shall not in any way be a waiver of either pany'a position u stated
I
herein.
•
(b) Nothing in this section affects she authority of the City to manage the public Rights-Of.
Way or to require a fair and reasonable compensation from all telecommunications providers, on
t
a competitively neutral and nondiscriminatory basis, and the compensation will be publicly I 1 • •
t disclosed by the City.
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SECTION 16. REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and parts of agreements and ordinances in conflict with the
I
provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
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SECTION 17. NOTICE
For any purposes related to this Ordinance, notice to the City shall be to.
Office of City Manager
City of Denton
21 S E. McKinney
Denton, TX 76101
Notice to the Telephone Company shall be to'.
CoServ
Attn. President
3501 FM 2181
Corinth, TX 76205
Notice will be effective upon delivery at the above addresses until the City of the Tekphone
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Company notices the other, in writing, of a change of address
• ~ECT10 I~ l~ PARTIAL INVALIDITY AND REPEAL PROVISIONS
If any section, sentence, clause or phrase in this Ordinance is for any reason held to be illegal,
ultra vires, unconstitutional, void, or unenforceable such invalidity shall not affect the validity of
• the remaining portions, it being the intent of the City in adopting this Ordinance and the '
Telephone Company in accepting and agreeing to it that no portion hereof or provision hereof
shall be inoperative or fail by reason of any unconstitutionality or invalidity or any other portion,
provision, or regulation, and to this end, all provisions of thi! Ordinance are declared to be f
31
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severable, This Ordinance shall be and is heteby declared to be cumulative of all other
ordinances of the City, and this Ordinance shall not operate to repeal or r.'fect any of such other
ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any in such other
ordinance or crdinances are hereby repealed to the extent of such Inconsistency. All ordinances
and agreement and parts of ordinances and agreements in conflict herewith are hereby repealed
to the extent of such Inconsistency. Provided all other ordinances, rules, regulations, and
agreements which are not in conflict with this Ordinance and which in any manna relste to the
regulation of the City streets, alleys, and public places or the business of the Teiepbome
Company shall remain in full force and effect
SF TIC ON I9. EFFECTIVE DATE AND ACCLPTANCE Of AGRIEEMENt'
The Telephone Company shall have sixty (60) days from and after the passage and approval of
this Ordinance to file its written amptsnce thereof with the City Secretary. Upon such Sling,
this Ordinance shall take effect and the effective da+e of this Ordinanoe shall be
_ and it shall be in force from and after such date, and IM11 effectuate
and make binding the agreement provided by the terms hereof All costs of any publication
required by law shall be at the expense of the Telephone Company in addition to other charges
• provided for herein
5KTI014- 20 TRANSFER OR ASSIGNMENT
This Ordinance shall not be trsmferred or assigned Sy the Telephone Company except with the
•
approval of the governing body of the City expressed by ordinance and subject to all terms of • •
such ordinance, which shall not be unreasonably withheld
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SECTION 21. OPEN MEETING
It is hereby officially found and determined that the rneeffig at which this Ordinance is pcased is
open to the public as required by law and that public notice of the place and purpose of said
meeting was given as required
PASSED AND APPROVED this the day of 1998.
MAYOR
Council Member
Cout:al Member
Councit Member
Council Member
Council Member
Council Member
ATTEST:
JENNIFER WALTERS, CITY ' :CRETARY
y ~
APPROVED AS TO LEGAL FORM
HERBERT L, PROUTY, CITY ATTORNEY
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The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the day of 19-4 at a regular
session of the City Council
Mayor, voting
Council Member, voting
_ Council Member, voting
Council Member, voting
_ Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on second reading and passed by the following
votes, this the day of _ 19_,_._, at a regular session of the City
Council.
Mayor, voting
Council Member, voting
Council Member, voting
_ Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting -
STATE OF TEXAS §
COUNTY OF DENTON 4
•
i, city secretary of the city of Denton, Texas, do hereby
certify that the above and foregoing is a true and correct copy of the dght•of--wsy rental
agreement between the City of Denton, Texas, and COSERV, An Affiliate of Denton County
Electric, so Indicated herein The same is now recorded in Volume p4ge _ of the
Ordinance Records of the City of Denton, Texas
• WITNESS MY AND this the day of A D. 19 • •
,yf
(Seal)
City Secretary
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WHEREAS, the city council of the city of Denton, Texas, did on the _ day of
119 enact an Ordinance emitted
AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND COSERV,
AN AFFILIATE OF DENTON COUNTY ELECTRIC AGREE THAT, FOR THE
PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE
TELEPHONE COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN'
MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE
STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS I
OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER
APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT
FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CrT I AND
FOR CONDUCTING A GENERAL LOCAL AND LONO-DISTANCE TELEPHONE
BUSINESS; PRESCRIBING THE CONDITIONS GOVERN'MO THE USE OF
PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE QUARTERLY
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING THE
RIGHT OF THE CM TO USE CERTAIN FACILITIES OF THE TEfLEP80NE
COMPANYt SPECIFYING GOVERNING LAWS; PROVIDING FOR
ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATA OF SAID
AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDINU EFFECT;
PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR
GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND
ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING I'OR CHOICE OF
LAW AND VENUE; PROVIDING FOR MEETING AT WHICH THIS ORDINANCE IS PASSED IS O'EN TO TFIS PUBLIC
AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINOENCIES;
PROVIDING FOR REPEAL OF CONFLICTING ORDINAT:rC;; PROVIDING FOR
RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR
ALTERNATE DISPUTE RESOLUTION, AND PROVIDING FOR METHOD OF
• ACCEPTANCE;
and
WHEREAS, said Ordinance was on the r day of 19
duly approved by the Mayor of said City and the seal of said City was thereto afflxed end
attested by the City Secretary; I
NOW, THEREFORE, CoServ, An Affiliate of Denton County Electric, hereby in all • •
respects accepts, approves, and agrees to said Ordinance, and same shall constitute and be
binding contractual obligation of CoServ, An Affiliate of Denton County Electric and of the City 1
without waiver of any other remedy by CoServ, An Affiliate of Denton County Electric, or the
City and files this its written acceptance with the City Secretary of the City of Denton, Texts, in
his/her ofTice.
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Dated this day of - A.D. 19
COSERV, AN AFFILIATE OF
DENTON COUNTY ELECTRIC
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ATTEST:
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Assistant Secretary
Acceptance filed In the office of the City Sec*m of Dento4 Tau, this day of
A.D. 19
e ,
City Secretary
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AGENDA INFORMATION SHEET
AGENDA DATEt May l9, 1998
DEPARTMENTt City Manager's Office
CdL Ted Benavides, City Manager
SUBJECT
Consider a proposed timeline for boards/commissions appointments.
BACKGROUND
Following the procedures established by City Council for board/commission appointments, 1 fi
have developed a tentative timeline for Council consideration, The timeline Includes a briefing
session held at the Center for Visual Arts for prospective board/commission applicants. That
session is tentatively scheduled for Alcdnesday, June 100 from 1:00 - 8:30 p,m. Typically staff
liaisons to the boards/commissions arc present to provide information to prospective members
and Council is present to personally meet these individuals. This session started out well
attended by the public, but in the Iasi several years, only 3.4 people have attended. Nominations
by Council Members are scheduled to begin on June 16" and completed on July 21", if
necessary. Due to the Council recess in June and July, the available dat,3 for
nominations/appointments have been reduced and Council may want to try and make as many
nominations at the June 160' meeting as possible and then vote on those nominations at the July
21" meeting. The reception is tentatively scheduled for Tucsday, August I I". Thursday, August
13°i is also available for the reception should the Council not wish to hold it on a Tuesday. ~
1
Respeclfully sub`mI ted ,
hAbh ky r lters
Secretary
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PROPOSED TIMELINE FOR BOARD/COMMISSION APPOINTMENTS
DATE ACTION ',)t
Week of.lay 25 Letter from City Secretary to current members `I
with expiring terms with application and/or letter
of thanks y
Week of June ! Advertising in Denton Record-Chronicle for
prospoctive applicants
Week of June 1 Advertising in Denton Record-Chronicle for j
briefing session # 1
June 10 - Wed. Briefing for prospective board members with City
Council members and staff liaison presentations -
Center for the Visual Arts, 7:00.8:30 p.m.
June 12 Fri. Deadline for board applications
June 12 - Fri. Board^'Commission information forwarded to City
Council
i
June 16-Tues. Board/Commission nominations by individual t
City Council members in regular session
July 21- Tues. Council vote on prior nominations
July 21 -Tues. Finalize Board/Commission nominations, if
necessary
July 28 - Tues. Council vote on remaining nominations in regular i4.
session
I July 29 - Wed. Letters sent to new appointments, reappointments ! )
board/commission member , u
August I I - Tues. Board'Commission Reception - Center for Visual
Arts, 7,00 • 9:00 m. (Brief Council meeting
i before reception - 515 • @6:45 p,m.) f t
(NOTE: The Center for Visual Arts Is also available Thursday, August 13° if council does not
want to hold the reception on a Tuesday.) d 't
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Agenda lien J _
Date.
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MEMORANDUM
DATE: May 15,1998
rO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board'Commission vacancies/nominations:
Mark Burroughs is no longer on the Cable TV Board following his eierion to the City Council.
This is a nomination for Council Member Beasley,
Debra Anthony has resigned from the Human Services Committee. This is a nomination for
Council Member Kristoferson,
If you require any further information, please let me know.
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• Je fer alt rs
C i Secretary
ACCOOOF4
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May 1, 1998
City of Denton Community Development Office
Derrick Collins,
Human Services Coordinator
100 West Oak
Denton, TX 76201
Dear Derrick,
I.
It Is with regret that I must resign my position as Human Services Committee member.
I have enjoyed serving on such a worthwhile committee. This position will always
remain in my memory as one of the most Important contributions In my involvement
with the Denton Community.
I no longer reside In Denton County. I am pursuing a career and residence In Fort
Worth so that I may be dose to my family.
Sincerely,
7JCAr4 Tel t.
Debra Anthony V
902 Santa Fe Dr.
Ft. Worth, TX 76179
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ALZ EIMER'S®
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ASSOCIATION
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1 ne Alzheimer's Association,
Greater Dallas Chapter
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In keeping with our mission to provide support and assistance
to persons affected by Alzheimer's disease and to their families
and caregivers within our entire eleven county service area, the F'
Chapter is expanding to a second office in the Denton
community, which will enable better and more convenient r
services and programs, especially for families in Denton and
Cooke counties. The new office is in the process of opening
and will be fully operational by July 1. A formal grand opening
is scheduled for the fall.
1
405 South Elm Street
Suite 302
Denton, TX 76201
(Phone) 940-565-1725
(Fax) 940-565-8479
(Helpline)1.800-515-8201
www•dallasalz.ora
Executive Director: Linda Scott '
Coordinator: Laura Drumb
GREATER DAILASCHAMA ,
AuHHMER'S DISEASE AND RELATED DlsoRoERS ASSOC. INC.
AiMumu's DISEASE REsoLion CENTER
7910 SriaAvrnu DeEu,tnu7frol a PSIS1Q117-0ryi7 • FuI71gII1.39M ~ ' ` ti'
Lordad in Rr ITIIIOfif Wibun Hind
ii..p J-,-4'1 v,.N r•,.i x-0•hy, u,n ~k o.n n,I L., x.
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